Bill Text: IL HB2984 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the School Code. Creates the Tuition Voucher Program Task Force to study the feasibility of a statewide tuition voucher program. Requires the State Board of Education to provide administrative and other support to the task force. Requires the task force to file a report with the Governor and the General Assembly. Sets forth topics that the report must include. Provides that upon filing its report, the task force is dissolved.
Spectrum: Bipartisan Bill
Status: (Failed) 2013-01-08 - Session Sine Die [HB2984 Detail]
Download: Illinois-2011-HB2984-Amended.html
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1 | AMENDMENT TO HOUSE BILL 2984
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2 | AMENDMENT NO. ______. Amend House Bill 2984 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing Sections | ||||||
5 | 1B-8 and 2-3.25f as follows:
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6 | (105 ILCS 5/1B-8) (from Ch. 122, par. 1B-8)
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7 | Sec. 1B-8. There is created in the State Treasury a
special | ||||||
8 | fund to be known as the School District Emergency
Financial | ||||||
9 | Assistance Fund (the "Fund"). The School District Emergency
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10 | Financial Assistance Fund shall consist of appropriations, | ||||||
11 | loan repayments, grants from the
federal government, and | ||||||
12 | donations from any public or private source. Moneys in
the Fund
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13 | may be appropriated only to the Illinois Finance Authority and
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14 | the State Board for
those purposes authorized under this | ||||||
15 | Article and Articles
1F and 1H and Section 2-3.25f of this | ||||||
16 | Code.
The appropriation may be
allocated and expended by the |
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1 | State Board for contractual services to provide technical | ||||||
2 | assistance or consultation to school districts to assess their | ||||||
3 | financial condition and to Financial Oversight Panels that | ||||||
4 | petition for emergency financial assistance grants and as | ||||||
5 | necessary to fulfill the goals and obligations of an | ||||||
6 | intergovernmental agreement between a school district and the | ||||||
7 | State Board of Education for management oversight or an | ||||||
8 | independent authority under Section 2-3.25f of this Code . The | ||||||
9 | Illinois Finance Authority may provide
loans to school | ||||||
10 | districts which are the subject of an
approved petition for | ||||||
11 | emergency financial assistance under
Section 1B-4,
1F-62, or | ||||||
12 | 1H-65 , or 2-3.25f of this Code. Neither the State Board of | ||||||
13 | Education nor the Illinois Finance Authority may collect any | ||||||
14 | fees for providing these services. | ||||||
15 | From the amount allocated to each such school
district | ||||||
16 | under this Article the State Board shall identify a sum | ||||||
17 | sufficient to
cover all approved costs of the Financial | ||||||
18 | Oversight Panel or intergovernmental agreement between a | ||||||
19 | school district and the State Board of Education for management | ||||||
20 | oversight or an independent authority
established for the | ||||||
21 | respective school district. If the State Board and State
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22 | Superintendent of Education have not approved emergency | ||||||
23 | financial assistance in
conjunction with the appointment of a | ||||||
24 | Financial Oversight Panel or the entry into an | ||||||
25 | intergovernmental agreement between a school district and the | ||||||
26 | State Board of Education for management oversight or an |
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1 | independent authority , the Panel's
approved costs shall be paid | ||||||
2 | from deductions from the district's general State
aid.
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3 | The Financial Oversight Panel or a school board that has | ||||||
4 | entered into an intergovernmental agreement between the school | ||||||
5 | district and the State Board of Education for management | ||||||
6 | oversight or an independent authority may prepare and file
with | ||||||
7 | the State Superintendent a proposal for emergency
financial | ||||||
8 | assistance for the school district and for its
operations | ||||||
9 | budget. No expenditures from the Fund shall be
authorized by | ||||||
10 | the State Superintendent until he or she has approved
the | ||||||
11 | request of the Panel or the school board , either as submitted | ||||||
12 | or in such
lesser amount determined by the State | ||||||
13 | Superintendent.
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14 | The maximum amount of an emergency financial assistance | ||||||
15 | loan
which may be allocated to any school district under this
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16 | Article, including moneys necessary for the operations of any | ||||||
17 | Financial Oversight
the Panel, shall not exceed $4,000 times | ||||||
18 | the number of pupils
enrolled in the school district during the | ||||||
19 | school year
ending June 30 prior to the date of approval by the | ||||||
20 | State
Board of the petition for emergency financial assistance, | ||||||
21 | as
certified to the school local board or and the Panel or both | ||||||
22 | by the State
Superintendent.
An emergency financial assistance | ||||||
23 | grant shall not exceed $2,000 $1,000 times the
number of such | ||||||
24 | pupils. A school district may receive both a loan and a grant.
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25 | The payment of an emergency State financial assistance | ||||||
26 | grant or loan
shall be subject to appropriation by the General |
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1 | Assembly. Payment of the emergency State financial assistance | ||||||
2 | loan is subject to the applicable provisions of the Illinois | ||||||
3 | Finance Authority Act.
Emergency State financial assistance | ||||||
4 | allocated and paid to a school
district under this Article may | ||||||
5 | be applied to any fund or funds from which
the local board of | ||||||
6 | education of that district is authorized to make
expenditures | ||||||
7 | by law.
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8 | Any emergency financial assistance grant proposed by the
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9 | Financial Oversight Panel or the school board that has entered | ||||||
10 | into an intergovernmental agreement between the school | ||||||
11 | district and the State Board of Education for management | ||||||
12 | oversight or an independent authority and approved by the State
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13 | Superintendent may be paid in its entirety during the
initial | ||||||
14 | year of the Panel's existence or the term of the | ||||||
15 | intergovernmental agreement between the school district and | ||||||
16 | the State Board of Education for management oversight or an | ||||||
17 | independent authority or spread in equal or
declining amounts | ||||||
18 | over a period of years not to exceed the
period of the Panel's | ||||||
19 | existence or the term of the intergovernmental agreement | ||||||
20 | between the school district and the State Board of Education | ||||||
21 | for management oversight or an independent authority . An | ||||||
22 | emergency financial assistance loan proposed by the Financial | ||||||
23 | Oversight Panel or the school board that has entered into an | ||||||
24 | intergovernmental agreement between the school district and | ||||||
25 | the State Board of Education for management oversight or an | ||||||
26 | independent authority and approved by the Illinois Finance |
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1 | Authority may be paid in its entirety during the initial year | ||||||
2 | of the Panel's existence or the term of the intergovernmental | ||||||
3 | agreement between the school district and the State Board of | ||||||
4 | Education for management oversight or an independent authority | ||||||
5 | or spread in equal or declining amounts over a period of years | ||||||
6 | not to exceed the period of the Panel's existence or the term | ||||||
7 | of the intergovernmental agreement between the school district | ||||||
8 | and the State Board of Education for management oversight or an | ||||||
9 | independent authority . All
loans made by the Illinois Finance | ||||||
10 | Authority for a
school district shall be required to be repaid, | ||||||
11 | with simple interest over
the term of the loan at a rate equal | ||||||
12 | to 50% of the one-year Constant Maturity
Treasury (CMT) yield | ||||||
13 | as last published by the Board of Governors of the Federal
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14 | Reserve System before the date on which the district's loan is
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15 | approved
by the Illinois Finance Authority, not later than the
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16 | date the
Financial Oversight Panel ceases to exist or the | ||||||
17 | expiration of the intergovernmental agreement between the | ||||||
18 | school district and the State Board of Education for management | ||||||
19 | oversight or an independent authority . The Panel or the school | ||||||
20 | board that has entered into an intergovernmental agreement | ||||||
21 | between the school district and the State Board of Education | ||||||
22 | for management oversight or an independent authority shall
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23 | establish and the Illinois Finance Authority shall
approve the | ||||||
24 | terms and conditions, including the schedule, of
repayments. | ||||||
25 | The schedule shall provide for repayments
commencing July 1 of | ||||||
26 | each year or upon each fiscal year's receipt of moneys from a |
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1 | tax levy for emergency financial assistance. Repayment shall be | ||||||
2 | incorporated into the
annual budget of the school district and | ||||||
3 | may be made from any fund or funds
of the district in which | ||||||
4 | there are moneys available. An emergency financial assistance | ||||||
5 | loan to the Panel or school district shall not be considered | ||||||
6 | part of the calculation of a school district's debt for | ||||||
7 | purposes of the limitation specified in Section 19-1 of this | ||||||
8 | Code. Default on repayment is subject to the Illinois Grant | ||||||
9 | Funds Recovery Act. When moneys are repaid
as provided herein | ||||||
10 | they shall not be made available to the school local board for
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11 | further use as emergency financial assistance under this | ||||||
12 | Article at any
time thereafter. All repayments required to be | ||||||
13 | made by a school district
shall be received by the State Board | ||||||
14 | and deposited in the School District
Emergency Financial | ||||||
15 | Assistance Fund.
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16 | In establishing the terms and conditions for the
repayment | ||||||
17 | obligation of the school district , the Panel or the school | ||||||
18 | board that has entered into an intergovernmental agreement | ||||||
19 | between the school district and the State Board of Education | ||||||
20 | for management oversight or an independent authority shall
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21 | annually determine whether a separate local property tax levy | ||||||
22 | is
required. The school board of any school district with a tax | ||||||
23 | rate
for educational purposes for the prior year of less than
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24 | 120% of the maximum rate for educational purposes authorized
by | ||||||
25 | Section 17-2 shall provide for a separate
tax levy for | ||||||
26 | emergency financial assistance repayment
purposes. Such tax |
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1 | levy shall not be subject to referendum approval. The
amount of | ||||||
2 | the levy shall be equal to the
amount necessary to meet the | ||||||
3 | annual repayment obligations of
the school district as | ||||||
4 | established by the Panel or the school board that has entered | ||||||
5 | into an intergovernmental agreement between the school | ||||||
6 | district and the State Board of Education for management | ||||||
7 | oversight or an independent authority , or 20% of the
amount | ||||||
8 | levied for educational purposes for the prior year,
whichever | ||||||
9 | is less. However, no school district shall be
required to levy | ||||||
10 | the tax if the district's operating tax
rate as determined | ||||||
11 | under Section
18-8 or 18-8.05 exceeds 200% of the district's | ||||||
12 | tax rate for educational
purposes for the prior year.
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13 | (Source: P.A. 97-429, eff. 8-16-11.)
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14 | (105 ILCS 5/2-3.25f) (from Ch. 122, par. 2-3.25f)
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15 | Sec. 2-3.25f. State interventions.
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16 | (a) The State Board of Education shall provide technical
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17 | assistance to assist with the development and implementation of | ||||||
18 | School and District Improvement Plans.
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19 | Schools or school districts that fail to make reasonable | ||||||
20 | efforts to
implement an
approved Improvement Plan may suffer | ||||||
21 | loss of State funds by school
district, attendance center, or | ||||||
22 | program as the State Board of Education
deems appropriate.
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23 | (a-5) In this subsection (a-5), "school" means any of the | ||||||
24 | following named public schools or their successor name: | ||||||
25 | (1) Dirksen Middle School in Dolton School District |
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1 | 149. | ||||||
2 | (2) Diekman Elementary School in Dolton School | ||||||
3 | District 149. | ||||||
4 | (3) Caroline Sibley Elementary School in Dolton School | ||||||
5 | District 149. | ||||||
6 | (4) Berger-Vandenberg Elementary School in Dolton | ||||||
7 | School District 149. | ||||||
8 | (5) Carol Moseley Braun School in Dolton School | ||||||
9 | District 149. | ||||||
10 | (6) New Beginnings Learning Academy in Dolton School | ||||||
11 | District 149. | ||||||
12 | (7) McKinley Junior High School in South Holland School | ||||||
13 | District 150. | ||||||
14 | (8) Greenwood Elementary School in South Holland | ||||||
15 | School District 150. | ||||||
16 | (9) McKinley Elementary School in South Holland School | ||||||
17 | District 150. | ||||||
18 | (10) Eisenhower School in South Holland School | ||||||
19 | District 151. | ||||||
20 | (11) Madison School in South Holland School District | ||||||
21 | 151. | ||||||
22 | (12) Taft School in South Holland School District 151. | ||||||
23 | (13) Wolcott School in Thornton School District 154. | ||||||
24 | (14) Memorial Junior High School in Lansing School | ||||||
25 | District 158. | ||||||
26 | (15) Oak Glen Elementary School in Lansing School |
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1 | District 158. | ||||||
2 | (16) Lester Crawl Primary Center in Lansing School | ||||||
3 | District 158. | ||||||
4 | (17) Brookwood Junior High School in Brookwood School | ||||||
5 | District 167. | ||||||
6 | (18) Brookwood Middle School in Brookwood School | ||||||
7 | District 167. | ||||||
8 | (19) Hickory Bend Elementary School in Brookwood | ||||||
9 | School District 167. | ||||||
10 | (20) Medgar Evers Primary Academic Center in Ford | ||||||
11 | Heights School District 169. | ||||||
12 | (21) Nathan Hale Elementary School in Sunnybrook | ||||||
13 | School District 171. | ||||||
14 | (22) Ira F. Aldridge Elementary School in City of | ||||||
15 | Chicago School District 299. | ||||||
16 | (23) William E.B. DuBois Elementary School in City of | ||||||
17 | Chicago School District 299. | ||||||
18 | If, after 2 years following its placement on academic watch | ||||||
19 | status, a school remains on academic watch status, then, | ||||||
20 | subject to federal appropriation money being available, the | ||||||
21 | State Board of Education shall allow the school board to opt in | ||||||
22 | the process of operating that school on a pilot full-year | ||||||
23 | school plan approved by the State Board of Education upon | ||||||
24 | expiration of its teachers' current collective bargaining | ||||||
25 | agreement until the expiration of the next collective | ||||||
26 | bargaining agreement. A school board must notify the State |
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1 | Board of Education of its intent to opt in the process of | ||||||
2 | operating a school on a pilot full-year school plan. | ||||||
3 | (b) In addition, if after 3 years following its placement | ||||||
4 | on
academic
watch status a school district or school remains on
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5 | academic watch status, the
State Board of Education shall take | ||||||
6 | one of the following actions for the
district or
school:
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7 | (1) The State Board of Education may authorize the | ||||||
8 | State
Superintendent
of Education to direct the regional | ||||||
9 | superintendent of schools to remove
school board members | ||||||
10 | pursuant to Section 3-14.28 of this Code. Prior
to such | ||||||
11 | direction the State Board of Education shall permit members | ||||||
12 | of the
local board of education to present written and oral | ||||||
13 | comments to the State
Board of Education. The State Board | ||||||
14 | of Education may direct the State
Superintendent of | ||||||
15 | Education to appoint an Independent Authority that shall
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16 | exercise such powers and duties as may be necessary to | ||||||
17 | operate a school or
school district for purposes of | ||||||
18 | improving pupil performance and school
improvement. The | ||||||
19 | State Superintendent of Education shall designate one
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20 | member of the Independent Authority to serve as chairman. | ||||||
21 | The Independent
Authority shall serve for a period of time | ||||||
22 | specified by the State Board of
Education upon the | ||||||
23 | recommendation of the State Superintendent of
Education.
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24 | (2) The State Board of Education may (A)
change the | ||||||
25 | recognition status of the school district or school to
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26 | nonrecognized, or (B) authorize the State Superintendent
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1 | of Education to direct the reassignment of pupils
or direct | ||||||
2 | the reassignment or replacement of school district | ||||||
3 | personnel who
are relevant to the
failure
to
meet adequate | ||||||
4 | yearly progress criteria. If
a school district is | ||||||
5 | nonrecognized in its entirety, it shall automatically
be | ||||||
6 | dissolved on July 1 following that nonrecognition and its | ||||||
7 | territory
realigned with another school district or | ||||||
8 | districts by the regional board
of school trustees in | ||||||
9 | accordance with the procedures set forth in Section
7-11 of | ||||||
10 | the School Code. The effective date of the nonrecognition | ||||||
11 | of a school
shall be July 1 following the nonrecognition. | ||||||
12 | (3) The State Board of Education may enter into an | ||||||
13 | intergovernmental agreement, pursuant to the | ||||||
14 | Intergovernmental Cooperation Act and the Constitution of | ||||||
15 | the State of Illinois, with the school board for the school | ||||||
16 | district or school for management oversight of the planning | ||||||
17 | and operations of the school district or school by the | ||||||
18 | State Board of Education. A school board that enters into | ||||||
19 | an intergovernmental agreement with the State Board of | ||||||
20 | Education under this paragraph (3) may prepare and file | ||||||
21 | with the State Superintendent of Eduction a proposal for | ||||||
22 | emergency financial assistance for the school district in | ||||||
23 | accordance with Section 1B-8 of this Code. A school | ||||||
24 | district may receive both a loan and a grant.
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25 | (c) All federal requirements apply to schools and school | ||||||
26 | districts
utilizing
federal funds under Title I, Part A of the |
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1 | federal Elementary and Secondary
Education Act of 1965.
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2 | (Source: P.A. 97-370, eff. 1-1-12.)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
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