Bill Amendment: IL SB3521 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: SCH CD-ST FUNDING FORMULA
Status: 2021-01-13 - Session Sine Die [SB3521 Detail]
Download: Illinois-2019-SB3521-Senate_Amendment_001.html
Bill Title: SCH CD-ST FUNDING FORMULA
Status: 2021-01-13 - Session Sine Die [SB3521 Detail]
Download: Illinois-2019-SB3521-Senate_Amendment_001.html
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| 1 | AMENDMENT TO SENATE BILL 3521
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 3521 on page 1, | ||||||
| 3 | line 4, by replacing "Section" with "Sections 1H-115 and"; and
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| 4 | on page 1, immediately below line 5, by inserting the | ||||||
| 5 | following:
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| 6 | "(105 ILCS 5/1H-115) | ||||||
| 7 | Sec. 1H-115. Abolition of Panel. | ||||||
| 8 | (a) Except as provided in subsections (b), (c), and (d), | ||||||
| 9 | and (e) of this Section, the Panel shall be abolished 10 years | ||||||
| 10 | after its creation. | ||||||
| 11 | (b) The State Board, upon recommendation of the Panel or | ||||||
| 12 | petition of the school board, may abolish the Panel at any time | ||||||
| 13 | after the Panel has been in existence for 3 years if no | ||||||
| 14 | obligations of the Panel are outstanding or remain undefeased | ||||||
| 15 | and upon investigation and finding that: | ||||||
| 16 | (1) none of the factors specified in Section 1A-8 of | ||||||
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| 1 | this Code remain applicable to the district; and | ||||||
| 2 | (2) there has been substantial achievement of the goals | ||||||
| 3 | and objectives established pursuant to the financial plan | ||||||
| 4 | and required under Section 1H-15 of this Code. | ||||||
| 5 | (c) The Panel of a district that otherwise meets all of the | ||||||
| 6 | requirements for abolition of a Panel under subsection (b) of | ||||||
| 7 | this Section, except for the fact that there are outstanding | ||||||
| 8 | financial obligations of the Panel, may petition the State | ||||||
| 9 | Board for reinstatement of all of the school board's powers and | ||||||
| 10 | duties assumed by the Panel; and if approved by the State | ||||||
| 11 | Board, then: | ||||||
| 12 | (1) the Panel shall continue in operation, but its | ||||||
| 13 | powers and duties shall be limited to those necessary to | ||||||
| 14 | manage and administer its outstanding obligations; | ||||||
| 15 | (2) the school board shall once again begin exercising | ||||||
| 16 | all of the powers and duties otherwise allowed by statute; | ||||||
| 17 | and | ||||||
| 18 | (3) the Panel shall be abolished as provided in | ||||||
| 19 | subsection (a) of this Section. | ||||||
| 20 | (d) If the Panel of a district otherwise meets all of the | ||||||
| 21 | requirements for abolition of a Panel under subsection (b) of | ||||||
| 22 | this Section, except for outstanding obligations of the Panel, | ||||||
| 23 | then the district may petition the State Board for abolition of | ||||||
| 24 | the Panel if the district: | ||||||
| 25 | (1) establishes an irrevocable trust fund, the purpose | ||||||
| 26 | of which is to provide moneys to defease the outstanding | ||||||
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| 1 | obligations of the Panel; and | ||||||
| 2 | (2) issues funding bonds pursuant to the provisions of | ||||||
| 3 | Sections 19-8 and 19-9 of this Code. | ||||||
| 4 | A district with a Panel that falls under this subsection | ||||||
| 5 | (d) shall be abolished as provided in subsection (a) of this | ||||||
| 6 | Section.
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| 7 | (e) The duration of a Panel may be continued for more than | ||||||
| 8 | 10 years after the date of its creation if the State Board | ||||||
| 9 | extends the Panel's duration under paragraph (3) of subsection | ||||||
| 10 | (e) of Section 18-8.15 of this Code. | ||||||
| 11 | (Source: P.A. 97-429, eff. 8-16-11; 98-463, eff. 8-16-13.)"; | ||||||
| 12 | and
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| 13 | by replacing line 12 on page 49 through line 15 on page 51 with | ||||||
| 14 | the following: | ||||||
| 15 | "(3) Subject to approval by the General Assembly as | ||||||
| 16 | provided in this paragraph (3), an Organizational Unit that | ||||||
| 17 | meets all of the following criteria, as determined by the | ||||||
| 18 | State Board, shall have District Intervention Money added | ||||||
| 19 | to its Base Funding Minimum at the time the Base Funding | ||||||
| 20 | Minimum is calculated by the State Board: | ||||||
| 21 | (A) The Organizational Unit is operating under an | ||||||
| 22 | Independent Authority under Section 2-3.25f-5 of this | ||||||
| 23 | Code for a minimum of 4 school years or is subject to | ||||||
| 24 | the control of the State Board pursuant to a court | ||||||
| 25 | order for a minimum of 4 school years. | ||||||
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| 1 | (B) The Organizational Unit was designated as a | ||||||
| 2 | Tier 1 or Tier 2 Organizational Unit in the previous | ||||||
| 3 | school year under paragraph (3) of subsection (g) of | ||||||
| 4 | this Section. | ||||||
| 5 | (C) The Organizational Unit demonstrates | ||||||
| 6 | sustainability through a 5-year financial and | ||||||
| 7 | strategic plan. | ||||||
| 8 | (D) The Organizational Unit has made sufficient | ||||||
| 9 | progress and achieved sufficient stability in the | ||||||
| 10 | areas of governance, academic growth, and finances.
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| 11 | As part of its determination under this paragraph (3), | ||||||
| 12 | the State Board may consider the Organizational Unit's | ||||||
| 13 | summative designation, any accreditations of the | ||||||
| 14 | Organizational Unit, or the Organizational Unit's | ||||||
| 15 | financial profile, as calculated by the State Board. | ||||||
| 16 | If the State Board determines that an Organizational | ||||||
| 17 | Unit has met the criteria set forth in this paragraph (3), | ||||||
| 18 | it must submit a report to the General Assembly, no later | ||||||
| 19 | than January 2 of the fiscal year in which the State Board | ||||||
| 20 | makes it determination, on the amount of District | ||||||
| 21 | Intervention Money to add to the Organizational Unit's Base | ||||||
| 22 | Funding Minimum. The General Assembly must review the State | ||||||
| 23 | Board's report and may approve or disapprove, by joint | ||||||
| 24 | resolution, the addition of District Intervention Money. | ||||||
| 25 | If the General Assembly fails to act on the report within | ||||||
| 26 | 40 calendar days from the receipt of the report, the | ||||||
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| 1 | addition of District Intervention Money is deemed | ||||||
| 2 | approved. If the General Assembly approves the amount of | ||||||
| 3 | District Intervention Money to be added to the | ||||||
| 4 | Organizational Unit's Base Funding Minimum, the District | ||||||
| 5 | Intervention Money must be added to the Base Funding | ||||||
| 6 | Minimum annually thereafter. | ||||||
| 7 | For the first 4 years following the initial year that | ||||||
| 8 | the State Board determines that an Organizational Unit has | ||||||
| 9 | met the criteria set forth in this paragraph (3) and has | ||||||
| 10 | received funding under this Section, the Organizational | ||||||
| 11 | Unit must annually submit to the State Board, on or before | ||||||
| 12 | November 30, a progress report regarding its financial and | ||||||
| 13 | strategic plan under subparagraph (C) of this paragraph | ||||||
| 14 | (3). The plan shall include the financial data from the | ||||||
| 15 | past 4 annual financial reports or financial audits that | ||||||
| 16 | must be presented to the State Board by November 15 of each | ||||||
| 17 | year and the approved budget financial data for the current | ||||||
| 18 | year. The plan shall be developed according to the | ||||||
| 19 | guidelines presented to the Organizational Unit by the | ||||||
| 20 | State Board. The plan shall further include financial | ||||||
| 21 | projections for the next 3 fiscal years and include a | ||||||
| 22 | discussion and financial summary of the Organizational | ||||||
| 23 | Unit's facility needs. If the Organizational Unit does not | ||||||
| 24 | demonstrate sufficient progress toward its 5-year plan or | ||||||
| 25 | if it has failed to file an annual financial report, an | ||||||
| 26 | annual budget, a financial plan, a deficit reduction plan, | ||||||
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| 1 | or other financial information as required by law, the | ||||||
| 2 | State Board may establish a Financial Oversight Panel under | ||||||
| 3 | Article 1H of this Code. However, if the Organizational | ||||||
| 4 | Unit already has a Financial Oversight Panel, the State | ||||||
| 5 | Board may extend the duration of the Panel.".
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