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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
SCHOOLS (105 ILCS 5/) School Code. 105 ILCS 5/34-45.1
(105 ILCS 5/34-45.1) (from Ch. 122, par. 34-45.1)
Sec. 34-45.1.
The amount appropriated in any annual, additional or supplemental
school budget adopted pursuant to this Article and specified in such budget
to be for workers' compensation, workers' occupational diseases compensation
and unemployment compensation purposes shall
include a sum estimated to be sufficient to cover the anticipated costs
of operating and administering the workers' compensation, workers' occupational
diseases compensation and unemployment compensation program for the purpose
of which such amount was appropriated, including employee wages, salaries
and the cost of legal services furnished in connection with the operation
and administration of such program. Liabilities incurred for such operating
and administrative costs, including employee wages and salaries and the
cost of legal services, shall upon being vouchered, audited and approved
by the board as provided in Section 34-51 be charged to and paid from the
fund of moneys appropriated for such purpose.
(Source: P.A. 83-718.)
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105 ILCS 5/34-46
(105 ILCS 5/34-46) (from Ch. 122, par. 34-46)
Sec. 34-46.
Public participation.
The budget shall be prepared in tentative form by the board and in such
form shall be made available to public inspection for at least 15 days
prior to final action thereon, by having at least 5 copies thereof on file
in the office of the secretary of the board. Not less than 5 days after
such copies are so placed on file and prior to final action thereon, the
board shall hold at least 2 public hearings thereon, of which notice shall
be given at least once by publication in a newspaper having general
circulation in the
city at least 5 days prior to the time of the hearing. The board shall
arrange for and hold such public hearing or hearings, provided
that the final public hearing shall occur not less than 5 days prior to
the Board's final action on the budget. The board shall
cause its budget to be published in its proceedings within 30 days after
its adoption.
(Source: P.A. 82-764.)
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105 ILCS 5/34-47
(105 ILCS 5/34-47) (from Ch. 122, par. 34-47)
Sec. 34-47.
Revision of items - Amendment - Publication.
Subsequent to the public hearing provided for in Section 34-46 and
before final action on the budget, the board may revise, alter, increase,
or decrease the items contained therein, but the aggregate amount finally
appropriated by the budget, including any subsequent amendment thereof,
from any fund or for any purpose, including amounts appropriated for
judgments and all other unpaid liabilities and all other purposes for which
such authorities are herein or otherwise by law required to appropriate,
shall not exceed the aggregate amount available in such fund or for such
purpose, as shown by the estimates of the available assets thereof at the
beginning of such fiscal year and of taxes and other current revenues set
forth in the budget. If the appropriations from any fund as set forth in
the budget as finally adopted exceed in the aggregate the maximum amount
which the board is authorized to appropriate therefrom, all appropriations
made from such fund by the budget shall be void and the several amounts
appropriated in the budget of the last preceding fiscal year, so far as
they relate to operation and maintenance expenses, shall be deemed to be
appropriated for the current fiscal year for objects and purposes,
respectively, as specified in said last budget and the several amounts so
appropriated shall constitute lawful appropriations for the current fiscal
year, but not in excess of amounts which will enable the Board to comply
with the requirements of Section 34A-402.
The board of education may amend the budget from time to time by the
same procedure as is herein provided for the original adoption of the budget.
(Source: P.A. 82-1020.)
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105 ILCS 5/34-48
(105 ILCS 5/34-48) (from Ch. 122, par. 34-48)
Sec. 34-48.
Supplemental budgets - Emergencies.
After the effectiveness of the budget (other than an interim budget), the
board shall not make any other
appropriations prior to the adoption or passage of the next succeeding
budget. The board may not, either directly or indirectly, make any contract
or do any act which shall add to its expenditures or liabilities, in any
fiscal year, any thing or sum above the amount provided for in the budget
for that fiscal year except that the board may, at any time after the adoption
of the annual school budget, by a 2/3 vote of the full membership of the
board, pass an additional or supplemental budget, thereby adding appropriations
to those made in the annual school budget and such supplemental or additional
school budget shall be regarded as an amendment of the annual school budget
for that year; provided that any such additional or supplemental
appropriations so made shall not exceed the amount of additional moneys
which the board of education will have available for appropriation in that
year from any source, including any fund balances not previously appropriated,
over and above the amount of moneys which the board, at the time of the
adoption of its annual budget for that year, estimated would be available
for appropriation from such sources, or provided that the board, by a concurring
vote of 2/3 of all the
members thereof (said votes to be taken by yeas and nays and entered in the
proceedings of the board) may make any expenditures and incur any liability
rendered necessary to meet emergencies such as epidemics, fires, unforeseen
damages or other catastrophes happening after the annual school budget has
been passed or adopted. This
section does not prevent the board from providing for and causing to be
paid from its funds any charge imposed by law without the action of the
board.
(Source: P.A. 82-765.)
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105 ILCS 5/34-49
(105 ILCS 5/34-49) (from Ch. 122, par. 34-49)
Sec. 34-49.
Contracts, expense and liabilities without appropriation.
No contract shall be made or expense or liability incurred by the board,
or any member or committee thereof, or by any person for or in its
behalf, notwithstanding the expenditure may have been ordered by the
board, unless an appropriation therefor has been previously made.
Neither the board, nor any member or committee, officer, head of any
department or bureau, or employee thereof shall during a fiscal year
expend or contract to be expended any money, or incur any liability, or
enter into any contract which by its terms involves the expenditure of
money for any of the purposes for which provision is made in the budget,
in excess of the amounts appropriated in the budget. Any contract,
verbal or written, made in violation of this Section is void as to the
board, and no moneys belonging thereto shall be paid thereon. Provided,
however, that the board may lease from any Public Building Commission
created pursuant to the provisions of the Public Building Commission
Act, approved July 5, 1955, as heretofore or hereafter amended, or from
any individuals, partnerships or corporations, any real
or personal property for the purpose of securing space for its school
purposes or office or other space
for its administrative functions for any period of time not exceeding 40
years, and such lease may be made and the obligation or expense
thereunder incurred without making a previous appropriation therefor,
except as otherwise provided in Section 34-21.1 of this Act. Provided
that the board may enter into agreements, including lease and lease
purchase agreements having a term not longer than 40 years from the date on
which such agreements are entered into, with individuals, partnerships, or
corporations for the construction of school buildings, school
administrative offices, site development, and school support facilities.
The board shall maintain exclusive possession of all such schools, school
administrative offices, and school facilities which it is occupying or
acquiring pursuant to any such lease or lease purchase agreement, and in
addition shall have and exercise complete control over the education
program conducted at such schools, offices and facilities. The board's
contribution under any such lease or lease purchase agreement shall be
limited to the use of the real estate and existing improvements on a rental
basis which shall be exempt from any form of leasehold tax or assessment,
but the interests of the board may be subordinated to the interests of a
mortgage holder or holders acquired as security for additional improvements
made on the property.
Provided that the board may enter into agreements, including lease and lease purchase
agreements, having a term not longer than 40 years from the date on which
such agreements are entered into for the provision of school buildings
and related property and facilities for an agricultural science school
pursuant to subparagraphs (8) through (10) of
Section 34-21.1; and such
agreements may be made and the obligations thereunder incurred without
making a previous appropriation therefor.
This Section does not prevent the making of lawful contracts for the
construction of buildings, the purchase of insurance, the leasing of
equipment, the purchase of personal property by a conditional sales
agreement, or the leasing of personal property under an agreement that
upon compliance with the terms of which the board shall become or has
the option to become the owner of the property for no additional
consideration or for a nominal consideration, the term of which may be
for periods of more than 1 year, but, in no case, shall such conditional
sales agreements or leases of personal property by which the board may
or will become the owner of the personal property, provide for the
consideration to be paid during a period of time in excess of 10 years
nor shall such contracts provide for the payment of interest in excess
of
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, on the unpaid balance owing; nor shall
this Section
prevent the making of lawful contracts for the purchase of fuel and the
removal of ashes for a period from July 1 of any year to June 30 of the
year following, or the making of lawful contracts for the transportation
of pupils to and from school, or the entering into of employment
contracts with individuals or groups of employees for any period not to
exceed 4 years, or the entering into contracts with third parties
for services otherwise performed by employees for any period not to exceed 5
years provided that the contracts with third parties for services provided at
attendance centers shall specify that the principal of an attendance center
shall have authority, to the maximum extent possible, to direct persons
assigned to the attendance center
pursuant to that contract, or the making of requirement contracts for not
to exceed one year the terms of which may extend into the succeeding fiscal
year provided,
however, that such contracts contain a limitation on the amount to be expended
and that such contracts shall impose no obligation on the board except pursuant
to written purchase order.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-50
(105 ILCS 5/34-50) (from Ch. 122, par. 34-50)
Sec. 34-50.
Transfers between appropriations - Delay.
The board may,
at any time by a two-thirds vote of all the members authorize the making
of transfers within any fund under its jurisdiction, of sums of money
appropriated for one object or purpose to another object or purpose,
which action shall be entered in its proceedings; provided that during
the first half of each fiscal year such transfers shall not exceed 10%
of any such fund, but no appropriation for any purpose shall be reduced
below an amount sufficient to cover all obligations incurred or to be
incurred against the appropriation for such purpose.
(Source: P.A. 81-1221.)
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105 ILCS 5/34-51
(105 ILCS 5/34-51) (from Ch. 122, par. 34-51)
Sec. 34-51.
Appropriation not to be construed as approval of board of liabilities.
The appropriation resolution or budget, including the amounts for the
payment of contract liabilities or to defray the expense of any project or
purpose, shall not be construed as an approval by the board of any such
liabilities or of any project or purpose mentioned, but shall be regarded
only as the provisions for a fund or funds for the payment thereof when
such liabilities have been found to be valid and legal obligations against
the board, and when properly vouchered, audited and approved by the board,
or when any project or purpose is approved and authorized by the board, as
the case may be.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/34-52
(105 ILCS 5/34-52) (from Ch. 122, par. 34-52)
Sec. 34-52.
Wilful violation of budget provisions.
Any member of the board, or any officer thereof or of the city or any
other person holding any trust or employment under the board or city who
wilfully violates any of the provisions of Sections 34-43 through
34-51 shall be guilty of a business offense and may be fined not
exceeding $10,000, and shall forfeit his right to his office, trust or
employment and shall be removed therefrom. Any such member, officer or
person shall be liable for the amount of any loss or damage suffered by
the board resulting from any act of his in violation of the terms of any
of those sections, to be recovered by the board or by any taxpayer in
the name and for the benefit of the board, in an appropriate civil action.
Any taxpayer bringing any such action must file a bond for all
costs, and shall be liable for all costs taxed against the board in such
suit, and judgment shall be rendered accordingly. This Section does not
bar any other remedies.
(Source: P.A. 79-1366 .)
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105 ILCS 5/34-52.1
(105 ILCS 5/34-52.1) (from Ch. 122, par. 34-52.1)
Sec. 34-52.1.
Form of ballot and notice.
Whenever any proposition to authorize or
to levy an annual tax, or to increase the annual rate of tax levied by any
school district, for any school purpose is submitted to the voters of such
district at any election, each required notice or other publication of the
election or referendum and the form of ballot shall contain, in addition to
any other matters required by law:
(a) the geographic or other common name of the school district by
which that district is commonly known and referred to, as well as the
number of the district;
(b) the maximum rate at which such tax may be levied if the
proposition is approved; and
(c) if the proposition is to increase the annual rate of an existing
tax levied by the school district, then in addition to the matters set
forth in (a) and (b) above, the annual rate at which such existing tax
currently is levied and the percentage of increase between the maximum
rate at which such tax may be levied if the proposition is approved and the
annual rate at which such tax currently is levied.
(Source: P.A. 85-374.)
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105 ILCS 5/34-53
(105 ILCS 5/34-53) (from Ch. 122, par. 34-53)
Sec. 34-53. Tax levies; purpose; rates. For the purpose of
establishing and supporting free schools for not fewer than 9 months in
each year and defraying their expenses the board may levy annually, upon all taxable
property of such district for educational purposes a tax for
the fiscal years 1996 and each succeeding fiscal year at a rate of not to exceed the sum of (i) 3.07% (or such other rate as may be set
by law
independent of the rate difference described in (ii) below) and (ii) the
difference between .50% and the rate per cent of taxes extended for a
School Finance Authority organized under Article 34A of the School Code,
for the calendar year in which the applicable fiscal year of the board
begins as determined by the county clerk and certified to the board
pursuant to Section 18-110 of the Property Tax Code, of the value as
equalized or assessed by the Department of Revenue for the year in which
such levy is made.
Beginning on the effective date of this amendatory Act of the 99th General Assembly, for the purpose of making an employer contribution to the Public School Teachers' Pension and Retirement Fund of Chicago, the board may levy annually for taxable years prior to 2017, upon all taxable property located within the district, a tax at a rate not to exceed 0.383%. Beginning with the 2017 taxable year, for the purpose of making an employer contribution to the Public School Teachers' Pension and Retirement Fund of Chicago, the board may levy annually, upon all taxable property within the district, a tax at a rate not to exceed 0.567%. The proceeds from this additional tax shall be paid, as soon as possible after collection, directly to Public School Teachers' Pension and Retirement Fund of Chicago and not to the Board of Education. The rate under this paragraph is not a new rate for the purposes of the Property Tax Extension Limitation Law. Notwithstanding any other provision of law, for the 2016 tax year only, the board shall certify the rate to the county clerk on the effective date of this amendatory Act of the 99th General Assembly, and the county clerk shall extend that rate against all taxable property located within the district as soon after receiving the certification as possible. Nothing in this amendatory Act of 1995
shall in
any way impair or restrict the levy or extension of taxes pursuant to any
tax levies for any purposes of the board lawfully made prior to the
adoption of this amendatory Act of 1995.
Notwithstanding any other provision of this Code and in
addition to any other methods provided for increasing the tax rate
the board may, by proper resolution, cause a
proposition to increase the annual tax rate for educational purposes to
be submitted to the voters of such district at any general or special
election. The maximum rate for educational purposes shall not exceed
4.00%. The election called for such purpose shall be governed by
Article 9 of this Act. If at such election a majority of the votes cast
on the proposition is in favor thereof, the Board of Education may
thereafter until such authority is revoked in a like manner, levy
annually the tax so authorized.
For purposes of this Article, educational purposes for fiscal years
beginning in 1995 and each subsequent year shall also include, but not be
limited to, in addition to those purposes authorized before this amendatory Act
of 1995, constructing, acquiring, leasing (other than from the Public Building
Commission of Chicago), operating, maintaining, improving, repairing, and
renovating land, buildings, furnishings, and equipment for school houses and
buildings, and related incidental expenses, and
provision of special education, furnishing free textbooks and
instructional aids and school supplies, establishing, equipping, maintaining,
and operating supervised playgrounds under the control of the board, school
extracurricular activities, and stadia, social center, and summer swimming pool
programs open to the public in connection with any public school; making an
employer contribution to the Public School Teachers' Pension and Retirement
Fund as required by Section 17-129 of the Illinois Pension Code; and providing
an agricultural science school, including site development and improvements,
maintenance repairs, and supplies. Educational purposes also includes student
transportation expenses.
All collections of all taxes levied for fiscal years ending before 1996 under
this
Section or under Sections 34-53.2, 34-53.3, 34-58, 34-60, or 34-62 of this
Article as in effect prior to this amendatory Act of 1995 may be used for any
educational purposes as defined by this amendatory Act of 1995 and need not be
used for the particular purposes for which they were levied.
The levy and extension of taxes pursuant to this Section as amended by this
amendatory Act of 1995 shall not constitute a new or increased tax rate within
the meaning of the Property Tax Extension Limitation Law or the One-year
Property Tax Extension Limitation Law.
The rate at which taxes may be levied for the fiscal year beginning
September
1, 1996, for educational purposes shall be the full rate authorized by this
Section for such taxes for fiscal years ending after 1995.
(Source: P.A. 99-521, eff. 6-1-17; 100-465, eff. 8-31-17.)
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105 ILCS 5/34-53.1
(105 ILCS 5/34-53.1) (from Ch. 122, par. 34-53.1)
Sec. 34-53.1.
Supplemental tax levy.
When a supplemental budget
has been adopted by the board of education under Section 34-44.1 the
board of education may levy supplemental taxes which shall not exceed the
amount of the increase in revenues projected in the supplemental budget
nor exceed the maximum rates of taxes which the board is authorized
by law to levy for the fiscal year to which the increase applies for the
respective purposes. With respect to any supplemental levy based on an
increase in the value of taxable property in the school district, such
supplemental levy shall be adopted within 60 days of the date of the final
certification of the equalization rate by the Department of Revenue to the
county clerk as provided in the Property Tax Code, irrespective of whether the adoption occurs within or after the
close of the fiscal year to which the increase applies. The board is
authorized to levy supplemental taxes pursuant to this Section.
(Source: P.A. 88-670, eff. 12-2-94.)
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105 ILCS 5/34-53.2
(105 ILCS 5/34-53.2) (from Ch. 122, par. 34-53.2)
Sec. 34-53.2.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-53.3
(105 ILCS 5/34-53.3) (from Ch. 122, par. 34-53.3)
Sec. 34-53.3.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-53.5
(105 ILCS 5/34-53.5)
Sec. 34-53.5.
Capital improvement tax levy; purpose; maximum amount.
(a) For the purpose of providing a reliable source of revenue for capital
improvement purposes, including without limitation (i) the construction and
equipping of a new school building or buildings or an addition or additions to
an existing school building or buildings, (ii) the purchase of school grounds
on which any new school building or an addition to an existing school building
is to be constructed or located, (iii) both items (i) and (ii) of this
subsection (a), or (iv) the rehabilitation, renovation, and equipping of an
existing school building or buildings, the board may levy, upon all taxable
property of the school district, in calendar year 2003, a capital improvement
tax to produce, when extended, an amount not to exceed the product attained by
multiplying (1) the percentage increase, if any, in the Consumer Price Index
for All Urban Consumers for all items published by the United States Department
of Labor for the 12 months ending 2 months prior to the month in which the levy
is adopted by (2) $142,500,000. For example, if the percentage increase in the
Consumer Price Index is 2.5%, then the computation would be $142,500,000 x
0.025 = $3,562,500.
(b) In each calendar year from 2004 through 2030, the board may levy a
capital improvement tax to produce, when extended, an amount not to exceed the
sum of (1) the maximum amount that could have been levied by the board in the
preceding calendar year pursuant to this Section and (2) the product obtained
by multiplying (A) the sum of (i) the maximum amount that could have been
levied by the board in the preceding calendar year pursuant to this Section and
(ii) $142,500,000 by (B) the percentage increase, if any, in the Consumer Price
Index for All Urban Consumers for all items published by the United States
Department of Labor for the 12 months ending 2 months prior to the month in
which the levy is adopted.
(c) In calendar year 2031, the board may levy a capital improvement tax to
produce, when extended, an amount not to exceed the sum of (1) the maximum
amount that could have been levied by the board in calendar year 2030 pursuant
to this Section, (2) $142,500,000, and (3) the product obtained by multiplying
(A) the sum of (i) the maximum amount that could have been levied by the board
in calendar year 2030 pursuant to this Section and (ii) $142,500,000 by (B) the
percentage increase, if any, in the Consumer Price Index for All Urban
Consumers for all items published by the United States Department of Labor for
the 12 months ending 2 months prior to the month in which the levy is adopted.
(d) In calendar year 2032 and each calendar year thereafter, the board may
levy a capital improvement tax to produce, when extended, an amount not to
exceed the sum of (1) the maximum amount that could have been levied by the
board in the preceding calendar year pursuant to this Section and (2) the
product obtained by multiplying (A) the maximum amount that could have been
levied by the board in the preceding calendar year pursuant to this Section by
(B) the percentage increase, if any, in the Consumer Price Index for All Urban
Consumers for all items published by the United States Department of Labor for
the 12 months ending 2 months prior to the month in which the levy is adopted.
(e) An initial tax levy made by the board under this Section
must have the
approval of
the Chicago City Council, by resolution, before the levy may be extended.
The board shall communicate its adoption of the initial tax levy by
delivering a certified copy of the levy resolution to the Clerk of the City of
Chicago. The Chicago City Council shall have 60 days after receipt, by
the Clerk of the City of Chicago, of the certified resolution to approve or
disapprove the levy. The failure of the Chicago City Council to take
action to approve or disapprove the initial tax levy within the 60-day
period shall be deemed disapproval of the initial tax levy.
Upon the adoption of each subsequent levy by the board under this Section, the
board must notify the Chicago City Council that the board has adopted the
levy.
(f) The board may issue bonds, in accordance with the Local Government Debt
Reform Act, including Section 15 of that Act, against any revenues to be
collected from the capital improvement tax in any year or years and may pledge,
pursuant to Section 13 of the Local Government Debt Reform Act, those revenues
as security for the payment of any such bonds.
(Source: P.A. 92-547, eff. 6-13-02.)
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105 ILCS 5/34-53A
(105 ILCS 5/34-53A)
Sec. 34-53A.
(Repealed).
(Source: P.A. 89-15, eff. 5-30-95. Repealed by P.A. 89-698, eff. 1-14-97.)
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105 ILCS 5/34-54
(105 ILCS 5/34-54)
Sec. 34-54. (Repealed).
(Source: P.A. 86-1477. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/34-54.1
(105 ILCS 5/34-54.1) (from Ch. 122, par. 34-54.1)
Sec. 34-54.1.
Tax levies and extensions.
The annual tax rates and the
several tax
levies authorized to be made shall be: (i) for each fiscal year through and
including the 1995-96 fiscal year, for a fiscal year commencing
September
1 and ending August 31; (ii) for the 1996-97 fiscal year, for a fiscal year
commencing September 1 and ending June 30; and (iii) for each subsequent fiscal
year, for a fiscal year commencing July 1 and ending June 30.
Notwithstanding any provision in this Article 34 to the contrary, by the last
Tuesday in December of each calendar year, the board of education may levy
upon
all the taxable property of the district or city, the annual taxes
required to provide the necessary revenue to defray expenditures,
charges and liabilities incurred by the board for the fiscal year beginning
in that calendar year. The levy may be
based upon the estimated
equalized assessed valuation provided the county clerk shall extend for
collection only so much thereof as is permitted by law. The total amount of the
levy shall be certified to the county clerk who shall extend for
collection only so much thereof as is required to provide the necessary
revenue to defray expenditures, charges and liabilities incurred by the
board as certified by the controller of the board to the county clerk
upon the value, as equalized or assessed by the Department of Revenue
for the calendar year in which the levy was made.
The county clerk shall thereafter in the succeeding calendar year extend
such remaining amount of the levy as is certified by the controller of
the board to the county clerk upon the value, as equalized or assessed
by the Department of Revenue for such calendar year.
In each year the county clerk shall extend taxes at a rate sufficient to
produce the full amount of the 2 partial levies attributable to that tax
year. Provided, however, and notwithstanding the provisions of any other
law to the contrary:
(a) the extension of taxes levied for fiscal years ending before 1996 for
building purposes and school
supervised playground outside school hours and stadia, social center and
summer swimming pool purposes which the county clerk shall make against the
value of all taxable property of the district or city, as equalized or
assessed by the Department of Revenue, shall be at the respective maximum
rates at
which the board was authorized to levy taxes for such purposes for the fiscal year which ends in
1995; and (b) notwithstanding any other provision of
this
Code, in each calendar year the taxes for
educational purposes shall be extended at
a rate
certified by the controller as referred to in this Section, which rate
shall not be in excess of the maximum rate for the
levy of
taxes for educational purposes, occurring in the fiscal year which begins in
the calendar year of the extension, (whether or not actually levied at that
rate)
except for calendar year 1995 in which the rate shall not be in excess of the
maximum rate which would be provided for the levy of taxes for educational
purposes for the fiscal year which begins in 1995 without regard to this
amendatory Act of 1995. In
calendar year 1995,
the county clerk shall extend any special education purposes tax which was
levied as provided in Section 34-53.2 in full in the calendar year
following
the year in which the levy of such a tax was made.
(Source: P.A. 88-511; 89-15, eff. 5-30-95.)
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105 ILCS 5/34-54.2
(105 ILCS 5/34-54.2) (from Ch. 122, par. 34-54.2)
Sec. 34-54.2. Taxes levied in 1989 and 1990.
(a) All real property taxes levied by the board in 1989 and 1990 are
confirmed and validated, and are declared to be and are valid, in all
respects as if they had been timely and properly levied by the city council
upon the demand and direction of the Board. It shall not be a valid ground
for any person in any way to object to, protest, bring any proceeding with
regard to or defend against the collection of any such taxes, that the
taxes were levied by the board.
(b) The board may levy taxes against all taxable property located within
the city in an amount equal to all taxes purported to be levied by the
board in 1989 and in 1990, for each purpose for which taxes were purported
so to be levied, to the extent those taxes shall not yet have been extended
for collection at the time of the levy authorized by this paragraph (b).
The taxes authorized to be levied by this paragraph (b) shall be levied by
a resolution of the board selected pursuant to Public Act 86-1477.
The resolution shall be adopted upon concurrence of a majority of the
members of the board. The taxes levied pursuant to this paragraph (b) shall
be extended for collection in 1991 and subsequent years and in amounts so
that they do not exceed the maximum rates at which taxes may be extended
for the various school purposes, all as shall be set forth in a certificate
of the controller of the board as provided in Section 34-54.1 of this
Code. Taxes levied pursuant to this paragraph (b) shall be in
addition to all other taxes which have been or may be levied by or for the
board, except that the extension of taxes levied pursuant to this paragraph
(b), to the extent valid and legal in all respects, shall be an abatement
of the same amount of taxes previously purported to be levied by the board
which were to have been extended in the same year for the same purpose, it
being the intention of the General Assembly that there not be extended
duplicate taxes for the same year and purpose. It shall not be necessary
that the board give any notice or conduct any hearings for any purpose
whatsoever or to have adopted any proceedings with respect to any budget,
in connection with the levy and extension of taxes pursuant to this
paragraph (b). The board shall cause a certified copy of its resolution
levying taxes pursuant to this paragraph (b) to be filed with the county
clerk of each county in which any taxable property in the city is located
within 30 days after the adoption of the resolution.
(Source: P.A. 100-201, eff. 8-18-17.)
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105 ILCS 5/34-55
(105 ILCS 5/34-55) (from Ch. 122, par. 34-55)
Sec. 34-55.
Expenditures in excess of receipts.
The board shall not add
to the expenditures for school purposes anything above the amount received
from the State common school fund, the rental of school lands or property,
funds otherwise received, and the amount of school taxes levied and to be
levied for educational and for building purposes. If the board does so add
to such expenditures the city shall not be liable therefor. The board is
authorized to levy all taxes as provided for in this Article.
(Source: P.A. 85-1418; 86-1477.)
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105 ILCS 5/34-56
(105 ILCS 5/34-56) (from Ch. 122, par. 34-56)
Sec. 34-56. Amount to cover loss and cost of collecting tax not added.
In ascertaining the rate per cent that will produce the amount of any
tax levied pursuant to the authority granted by Section 34-53,
the county clerk shall not add any amount to cover the loss and cost of
collecting the tax.
(Source: P.A. 94-1105, eff. 6-1-07 .)
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105 ILCS 5/34-57
(105 ILCS 5/34-57) (from Ch. 122, par. 34-57)
Sec. 34-57.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-58
(105 ILCS 5/34-58) (from Ch. 122, par. 34-58)
Sec. 34-58.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-59
(105 ILCS 5/34-59) (from Ch. 122, par. 34-59)
Sec. 34-59.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-60
(105 ILCS 5/34-60) (from Ch. 122, par. 34-60)
Sec. 34-60.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-61
(105 ILCS 5/34-61) (from Ch. 122, par. 34-61)
Sec. 34-61.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-62
(105 ILCS 5/34-62) (from Ch. 122, par. 34-62)
Sec. 34-62.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-63
(105 ILCS 5/34-63) (from Ch. 122, par. 34-63)
Sec. 34-63.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-64
(105 ILCS 5/34-64) (from Ch. 122, par. 34-64)
Sec. 34-64.
Numbering warrants-Contents-Interest.
Warrants issued under Sections 34-24, 34-59, and 34-63 shall be
numbered consecutively in the order of their issuance and shall show upon
their face that they are payable solely from the respective taxes when
collected and that payment thereof will be made in the order of their
issuance, beginning with the warrant having the lowest number, and shall be
received by any collector of taxes in payment of taxes against which they
are issued and such taxes against which the warrants are drawn shall be set
apart for their payment. The warrants shall bear interest, payable out of
the taxes against which they are drawn, at a rate of not to exceed 7% per
annum if issued before July 1, 1971 and if issued thereafter at the rate of
not to exceed 6% per annum, from the date of their issuance until paid or
until notice is given by publication in a newspaper or otherwise that the
money for their payment is available and that they will be paid on
presentation.
(Source: P.A. 76-1966 .)
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105 ILCS 5/34-65
(105 ILCS 5/34-65) (from Ch. 122, par. 34-65)
Sec. 34-65.
Refunding bonds authorized - Interest.
Whenever any school district described in this Article has outstanding
bonds which are binding and subsisting legal obligations, and the proceeds
of taxes levied for the payment of the principal of and interest on such
bonds have not been collected and are not available for such payments when
due, the board may issue refunding bonds for an amount sufficient to pay and
discharge any of the outstanding bonds with accrued interest. The refunding
bonds shall bear interest at a rate of not more than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, if issued
before January 1, 1972 and not more than
the maximum rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract, if issued after
January 1, 1972 and shall mature within 20 years from the date thereof.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of Public
Act 86-4 (June 6, 1989), it is and always has been the
intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-4; 86-930; 86-1028.)
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105 ILCS 5/34-66
(105 ILCS 5/34-66) (from Ch. 122, par. 34-66)
Sec. 34-66.
Resolution for refunding bonds - Name in which issued -
Signatures.
Whenever the board desires to issue refunding bonds under Section 34-65,
it shall adopt a resolution designating the purpose and fixing the
amount of the bonds proposed to be issued, the maturity thereof, the rate
of interest thereon, and the amount of taxes to be levied annually for the
purpose of paying the interest on and the principal of the bonds.
Refunding bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and the secretary of the
board.
(Source: P.A. 86-930 .)
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105 ILCS 5/34-67
(105 ILCS 5/34-67) (from Ch. 122, par. 34-67)
Sec. 34-67.
Sale
or exchange of bonds - Use of proceeds.
Refunding bonds issued under Section 34-65 may be exchanged on the
basis of par for par for the bonds being refunded and described in the
authorizing resolution, or may be sold at not less than par under the direction
of the board, and the proceeds thereof
shall be received by the city treasurer, as school treasurer, and shall be
kept in a separate fund to be used solely for the purpose of paying the
principal and interest on the bonds so refunded. All bonds refunded shall
be cancelled.
(Source: P.A. 86-930.)
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105 ILCS 5/34-68
(105 ILCS 5/34-68) (from Ch. 122, par. 34-68)
Sec. 34-68.
Issuance without submission to voters.
The
board may provide that the resolutions authorizing issuance
of refunding bonds issued under Section 34-65 shall be effective
without the submission thereof to the voters of the school
district or city for approval.
The validity of each refunding bond so executed shall remain
unimpaired, although one or more of the signing officers have
ceased to be such officer or officers before the delivery of
the bond to the purchaser.
(Source: P.A. 85-1418; 86-1477.)
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105 ILCS 5/34-69
(105 ILCS 5/34-69) (from Ch. 122, par. 34-69)
Sec. 34-69.
Tax for payment of refunding bonds.
Before or at the time of issuing refunding bonds authorized by Section
34-65 the board shall provide for the collection of a direct annual tax
upon all the taxable property of the school district, sufficient to pay and
discharge the principal thereof at maturity and to pay the interest thereon
as it falls due. Upon the filing in the office of the county clerk of the
county wherein such school district is located of a duly certified copy of
any such ordinance it shall be the duty of such county clerk to extend the
tax therein provided for.
(Source: P.A. 85-1418; 86-1477.)
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105 ILCS 5/34-70
(105 ILCS 5/34-70) (from Ch. 122, par. 34-70)
Sec. 34-70.
Tax
for payment of refunded bonds-Reduction of levy.
If the proceeds of the refunding bonds authorized by Section 34-65 have
been used for the payment of any outstanding bonds of the board, or the
refunding bonds have been exchanged for outstanding bonds, and thereafter
any portion of the respective taxes levied for the purpose of paying the
principal of and interest on the outstanding bonds so paid or exchanged is
collected, the money so received shall be placed in the bond and interest
sinking fund of the board and used for the purpose of paying the principal
of and interest on the refunding bonds issued under Section 34-65 and the
taxes thereafter to be extended to pay the refunding bonds shall be reduced
by that amount by the county clerk upon receipt of a certified copy of a
resolution which must be adopted by the board directing such reduction. A
certified copy of the resolution shall be filed with the county clerk of
the county, and it shall thereupon be the duty of such official to reduce
and extend the tax levy in accordance with the terms of the resolution.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/34-71
(105 ILCS 5/34-71) (from Ch. 122, par. 34-71)
Sec. 34-71.
Authority cumulative.
The authority granted in Sections 34-65 through 34-70, is cumulative
authority for the issuance of bonds and shall not be held to repeal any
laws with respect thereto.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/34-72
(105 ILCS 5/34-72)
Sec. 34-72. (Repealed).
(Source: P.A. 86-1477. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/34-73
(105 ILCS 5/34-73) (from Ch. 122, par. 34-73)
Sec. 34-73. Certain taxes additional to maximum otherwise authorized -
not reducible. Each of the taxes authorized to be levied by Sections 34-33,
34-39, 34-53.2, 34-53.3, 34-54.1, 34-57, 34-58, 34-60, 34-62, and 34-69 of this Code, and by Section 17-128 of the "Illinois Pension Code"
shall be in addition to and exclusive of the maximum of all other taxes
which the school district is authorized by law to levy upon the aggregate
valuation of all taxable property within the school district or city and
the county clerk in reducing taxes under the provisions of the Property Tax
Code shall not consider any of such
taxes therein authorized as a part of the tax levy of the school district or
city required to be included in the aggregate of all taxes to be reduced and no
reduction of any tax levy made under the Property Tax Code shall diminish any amount appropriated or levied for
any such tax.
(Source: P.A. 94-1105, eff. 6-1-07 .)
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105 ILCS 5/34-74
(105 ILCS 5/34-74) (from Ch. 122, par. 34-74)
Sec. 34-74. Custody of school moneys. Except as provided in Article 34A and Section 34-29.2 of this
Code, all moneys raised by taxation for school purposes, or
received from
the state common school fund, or from any other source for school
purposes, shall be held by the city treasurer, ex-officio, as school
treasurer, in separate funds for school purposes, subject to the order
of the board upon
(i) its warrants signed by its president and secretary and
countersigned by the mayor and city comptroller
or (ii) its checks, as
defined in Section 3-104 of the Uniform Commercial Code, signed by its
president, secretary, and comptroller and countersigned by the mayor and city
comptroller.
(Source: P.A. 94-1105, eff. 6-1-07 .)
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105 ILCS 5/34-75
(105 ILCS 5/34-75) (from Ch. 122, par. 34-75)
Sec. 34-75.
Duties of city treasurer as to school moneys.
The city treasurer shall, as school treasurer, secure and safely keep
all school moneys and shall maintain a separate bank account for capital
project funds and process only transactions related to capital projects
through those accounts, subject to the control and direction of the
board, provided that the amount of interest or other investment earnings
in such accounts may be from time to time withdrawn by the board and any
amounts so withdrawn by the board may be used for any lawful purpose. He
shall, subject to the limitations in this Article, keep his books and
accounts concerning such moneys in the manner prescribed by the board. His
books and accounts shall always be subject to the inspection of the board,
or any member thereof. He shall at the end of each month, and oftener if
required, render under oath an account to the board showing the state of
the school treasury at the date of the account and the balance of money in
the treasury. He shall accompany such accounts with a statement of all
moneys received into the school treasury, and on what account, together
with all warrants redeemed and paid by him; which warrants and all vouchers
held by him shall be delivered to the business manager of the board and
filed with his account in the business manager's office upon every day of
such settlement. He shall return all warrants paid by him stamped or marked
"Paid". He shall keep a register of all warrants redeemed and paid, which
shall describe such warrants and show the date, amount, number, the fund
from which paid, the name of the person to whom and when paid.
(Source: P.A. 82-156.)
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105 ILCS 5/34-76
(105 ILCS 5/34-76) (from Ch. 122, par. 34-76)
Sec. 34-76.
Unpaid warrants for wages.
When a warrant issued for the wages of a teacher or other employee is
presented to the school treasurer and is not paid for want of funds, the
school treasurer shall endorse it over his signature, "not paid for want of
funds," with the date of presentation, and shall make and keep a record of
such endorsement. The warrant shall thereafter bear interest at the rate of
7% per annum if issued before January 1, 1972 or at the rate of 6% per
annum if issued after January 1, 1972, until the school treasurer notifies
the president of the board in writing that he has funds to pay it. The
school treasurer shall make and keep a record of such notices and hold the
funds necessary to pay the warrant until it is presented. The warrant shall
draw no interest after notice is given to the president of the board.
(Source: P.A. 76-2012.)
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105 ILCS 5/34-77
(105 ILCS 5/34-77) (from Ch. 122, par. 34-77)
Sec. 34-77.
Depositories.
The school treasurer may be required to keep all moneys in his hands
belonging to the board in such places of deposit as may be ordered by the
city council but he shall not be required to deposit such moneys elsewhere
than in a savings and loan association or a regularly organized bank.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or hereafter
amended.
(Source: P.A. 83-541.)
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105 ILCS 5/34-78
(105 ILCS 5/34-78) (from Ch. 122, par. 34-78)
Sec. 34-78.
Money kept separate-Unlawful use.
The school treasurer shall keep all moneys in his hands belonging to the
board separate from his own moneys, and shall not use, either directly or
indirectly, the school moneys or warrants in his custody and keeping for
his own use and benefit or that of any other person. If the school
treasurer violates this section, the city council may immediately remove
him from office and declare his office vacant.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/34-79
(105 ILCS 5/34-79) (from Ch. 122, par. 34-79)
Sec. 34-79.
Annual account of treasurer.
The school treasurer shall annually, between the first and tenth of
March 1973, between the first and tenth of March 1974, between the first
and tenth of November 1974 and between the first and tenth of November of
each year thereafter, file with the controller of the board a detailed
account of all receipts and expenditures and of all his transactions during
the preceding fiscal year. The account shall show the state of the school
treasury at the close of the fiscal year. The account shall immediately be
published in the proceedings of the board.
(Source: P.A. 77-2734.)
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105 ILCS 5/34-80
(105 ILCS 5/34-80) (from Ch. 122, par. 34-80)
Sec. 34-80.
Liability on treasurer's bond.
The school treasurer shall be liable on his official bond as city
treasurer for the proper performance of his duties and the conservation of
all moneys held by him under this article. It is hereby made the duty of
the city council in fixing the amount, the penalty and conditions of said
official bond to do so in such manner as will save the board from any loss.
This Section does not prevent the city council from designating a bank
or savings and loan association as a depository of school moneys in the
manner prescribed in the "Revised
Cities and Villages Act", as amended and Section 34-77.
(Source: P.A. 83-541.)
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105 ILCS 5/34-81
(105 ILCS 5/34-81) (from Ch. 122, par. 34-81)
Sec. 34-81.
Interest on fund.
Neither the treasurer nor any other officer having the custody of public
school funds is entitled to retain any interest accruing thereon, but such
interest shall accrue and inure to the benefit of such funds respectively,
become a part thereof and be paid into the city treasury, subject to the
purposes of this Act.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/34-82
(105 ILCS 5/34-82) (from Ch. 122, par. 34-82)
Sec. 34-82.
Designation of person to sign for president.
The president of the board, with the approval of the board, may
designate one or more persons who shall have authority, when directed to
do so by the president, to affix the signature of the president to any
bond, warrant, certificate, contract or any other written instrument,
which by law is required to be signed by the president of the board.
When the signature of the president of the board is so affixed to a
written instrument, it shall be as binding upon the board as if signed
by the president thereof. Whenever the president of the board desires to
designate a person to affix the signature of the president to any bond,
warrant, certificate, contract or any other written instrument, he shall
send a written notice to the board containing the name of the person he
has selected and a designation of the instrument or instruments such
person shall have authority to sign. Attached to the notice shall be the
written signature of the president of the board, executed by the person
so designated, with the signature of the person so designated
underneath. The notice shall be filed with the secretary and presented
at the next meeting of the board for its approval and shall be printed
in its proceedings.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/prec. Sec. 34-83
(105 ILCS 5/prec. Sec. 34-83 heading)
TEACHERS--EMPLOYMENT AND RETIREMENT
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105 ILCS 5/34-83
(105 ILCS 5/34-83)
Sec. 34-83. (Repealed).
(Source: P.A. 91-102, eff. 7-12-99. Repealed by P.A. 102-894, eff. 5-20-22; 102-1071, eff. 6-10-22.)
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105 ILCS 5/34-83.1
(105 ILCS 5/34-83.1) (from Ch. 122, par. 34-83.1)
Sec. 34-83.1.
Residence Requirements.
Residency within any school district
governed by this Article, if not required at the time of employment as a
qualification of employment, shall not be considered in determining the
compensation of a teacher or whether to retain, promote, assign or transfer
that teacher.
(Source: P.A. 82-381.)
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105 ILCS 5/34-84 (105 ILCS 5/34-84) (from Ch. 122, par. 34-84) Sec. 34-84. Appointments and promotions of teachers. Appointments and promotions of teachers shall be made for merit only, and after satisfactory service for a probationary period of 3 years with respect to probationary employees employed as full-time teachers in the public school system of the district before January 1, 1998 or on or after July 1, 2023 and 4 years with respect to probationary employees who are first employed as full-time teachers in the public school system of the district on or after January 1, 1998 but before July 1, 2023, during which period the board may dismiss or discharge any such probationary employee upon the recommendation, accompanied by the written reasons therefor, of the general superintendent of schools and after which period appointments of teachers shall become permanent, subject to removal for cause in the manner provided by Section 34-85. For a probationary-appointed teacher in full-time service who is appointed on or after July 1, 2013 and who receives ratings of "excellent" during his or her first 3 school terms of full-time service, the probationary period shall be 3 school terms of full-time service. For a probationary-appointed teacher in full-time service who is appointed on or after July 1, 2013 and who had previously entered into contractual continued service in another school district in this State or a program of a special education joint agreement in this State, as defined in Section 24-11 of this Code, the probationary period shall be 2 school terms of full-time service, provided that (i) the teacher voluntarily resigned or was honorably dismissed from the prior district or program within the 3-month period preceding his or her appointment date, (ii) the teacher's last 2 ratings in the prior district or program were at least "proficient" and were issued after the prior district's or program's PERA implementation date, as defined in Section 24-11 of this Code, and (iii) the teacher receives ratings of "excellent" during his or her first 2 school terms of full-time service. For a probationary-appointed teacher in full-time service who has not entered into contractual continued service after 2 or 3 school terms of full-time service as provided in this Section, the probationary period shall be 3 school terms of full-time service, provided that the teacher holds a Professional Educator License and receives a rating of at least "proficient" in the last school term and a rating of at least "proficient" in either the second or third school term. As used in this Section, "school term" means the school term established by the board pursuant to Section 10-19 of this Code, and "full-time service" means the teacher has actually worked at least 150 days during the school term. As used in this Article, "teachers" means and includes all members of the teaching force excluding the general superintendent and principals. There shall be no reduction in teachers because of a decrease in student membership or a change in subject requirements within the attendance center organization after the 20th day following the first day of the school year, except that: (1) this provision shall not apply to desegregation positions, special education positions, or any other positions funded by State or federal categorical funds, and (2) at attendance centers maintaining any of grades 9 through 12, there may be a second reduction in teachers on the first day of the second semester of the regular school term because of a decrease in student membership or a change in subject requirements within the attendance center organization. A teacher who is due to be evaluated in the last year before the teacher is set to retire shall be offered the opportunity to waive the evaluation and to retain the teacher's most recent rating, unless the teacher was last rated as "needs improvement" or "unsatisfactory". The school district may still reserve the right to evaluate a teacher provided the district gives notice to the teacher at least 14 days before the evaluation and a reason for evaluating the teacher. The school principal shall make the decision in selecting teachers to fill new and vacant positions consistent with Section 34-8.1. (Source: P.A. 103-85, eff. 6-9-23; 103-500, eff. 8-4-23; 103-605, eff. 7-1-24.) |
105 ILCS 5/34-84a (105 ILCS 5/34-84a) (from Ch. 122, par. 34-84a) (Text of Section before amendment by P.A. 103-806 ) Sec. 34-84a. Maintenance of discipline.
Subject to the
limitations of all policies established or adopted under Section
14-8.05, teachers, other certificated educational employees, and
any other person, whether or not a certificated employee, providing a related
service for or with respect to a student shall maintain discipline in
the schools, including school grounds which are owned or leased by the
board and used for school purposes and activities.
In all matters
relating to the discipline in and conduct of the schools and the school
children, they stand in the relation of parents and guardians to the
pupils. This relationship shall extend to all activities connected
with the school program, including all athletic and extracurricular
programs, and may be exercised at any time for the
safety and supervision of the pupils in the absence of their parents
or guardians. Nothing in this Section affects the power of the board
to establish rules with respect to discipline, except that the rules of
the board must provide, subject to the limitations of all policies
established or adopted under Section 14-8.05,
that a teacher, other certificated employee, and any other person, whether or
not a certificated employee, providing a related service for or with respect to
a student may
use reasonable force as needed to maintain safety for the other students,
shall provide that a teacher may remove a student from the classroom
for disruptive behavior, and
must include provisions which provide due process to students. (Source: P.A. 89-184, eff. 7-19-95.) (Text of Section after amendment by P.A. 103-806 ) Sec. 34-84a. Maintenance of discipline. Subject to the limitations of all policies established or adopted under Section 14-8.05, teachers, other licensed educational employees, and any other person, whether or not a licensed employee, providing a related service for or with respect to a student shall maintain discipline in the schools, including school grounds which are owned or leased by the board and used for school purposes and activities. In all matters relating to the discipline in and conduct of the schools and the school children, they stand in the relation of parents and guardians to the pupils. This relationship shall extend to all activities connected with the school program, including all athletic and extracurricular programs, and may be exercised at any time for the safety and supervision of the pupils in the absence of their parents or guardians. Nothing in this Section affects the power of the board to establish rules with respect to discipline, except that the rules of the board must provide, subject to the limitations of all policies established or adopted under Section 14-8.05, that a teacher, any other licensed employee, and any other person, whether or not a licensed employee, providing a related service for or with respect to a student may only use reasonable force as permitted under Section 34-18.20, shall provide that a teacher may remove a student from the classroom for disruptive behavior, and must include provisions which provide due process to students. The policy shall prohibit the use of corporal punishment, as defined in Section 22-100, in all circumstances. (Source: P.A. 103-806, eff. 1-1-25.) |
105 ILCS 5/34-84a.1
(105 ILCS 5/34-84a.1) (from Ch. 122, par. 34-84a.1)
Sec. 34-84a.1. Principals shall report incidents of intimidation. The
principal of each attendance center shall promptly notify and report to the
local law enforcement authorities for inclusion in the Department of State
Police's Illinois Uniform Crime Reporting Program each incident of
intimidation of which he or she has knowledge and each alleged incident of
intimidation which is reported to him or her, either orally or in writing,
by any pupil or by any teacher or other certificated or non-certificated
personnel employed at the attendance center. "Intimidation" shall have the
meaning ascribed to it by Section 12-6 of the Criminal Code of 2012.
(Source: P.A. 97-1150, eff. 1-25-13.)
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105 ILCS 5/34-84b
(105 ILCS 5/34-84b) (from Ch. 122, par. 34-84b)
Sec. 34-84b. Conviction of sex or narcotics offense, first degree murder,
attempted first degree murder, or Class X felony as grounds for
revocation
of certificate. (a) Whenever the holder of any certificate issued by the board
of education has been convicted of any sex offense or narcotics offense
as defined in this Section, the board of education shall forthwith suspend
the certificate. If the conviction is reversed and the holder is acquitted
of the offense in a new trial or the charges against him are dismissed,
the board shall forthwith terminate the suspension of the certificate.
When the conviction becomes final, the board shall forthwith revoke the
certificate. "Sex offense" as used in this Section means any one or more
of the following offenses: (1) any offense defined in Sections 11-6,
11-9, and 11-30, Sections
11-14 through 11-21, inclusive, and Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1,
12-15 and 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012; (2) any attempt to commit any of the foregoing
offenses, and (3) any offense committed or attempted in any other state
which, if committed or attempted in this State, would have been punishable
as one or more of the foregoing offenses. "Narcotics offense" as used in
this Section means any one or more of the following offenses: (1) any offense
defined in the Cannabis Control Act except those defined in Sections 4(a),
4(b) and 5(a) of that Act and any offense for which the holder of any
certificate
is placed on probation under the provisions of Section 10 of that Act and
fulfills the terms and conditions of probation as may be required by the
court; (2) any offense defined in the Illinois
Controlled Substances Act except any offense for which the holder of any
certificate is placed on probation under the provisions of Section 410 of
that Act and fulfills the terms and conditions of probation as may be required
by the court; (3) any offense defined in the Methamphetamine Control and Community Protection Act except any offense for which the holder of any certificate is placed on probation under the provision of Section 70 of that Act and fulfills the terms and conditions of probation as may be required by the court; (4) any attempt to commit any of the foregoing
offenses; and (5) any offense committed or attempted in any other state
or against the laws of the United States which, if committed or attempted
in this State, would have been punishable as one or more of the foregoing
offenses.
(b) Whenever the holder of any certificate issued by the board of
education or pursuant to Article 21 or any other provisions of the School Code
has been convicted of first degree
murder, attempted first degree murder, or a
Class X felony, the board of education or the State Superintendent of
Education shall forthwith suspend the certificate. If the conviction is
reversed and the holder is acquitted of that offense in a new trial or the
charges that he or she committed that offense are dismissed, the suspending
authority shall forthwith terminate the suspension of the certificate. When
the conviction becomes final, the State Superintendent of Education shall
forthwith revoke the certificate. The stated offenses of "first degree
murder", "attempted first degree murder", and "Class X felony" referred to in
this Section include any offense committed in another state that, if committed
in this State, would have been punishable as any one of the stated offenses.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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105 ILCS 5/34-84.1
(105 ILCS 5/34-84.1) (from Ch. 122, par. 34-84.1)
Sec. 34-84.1.
Teachers employed in Department of Defense overseas dependents' schools.
By mutual agreement of a teacher and the board of education, the board may,
but is not required to, grant the teacher a leave of absence to accept
employment in a Department of Defense overseas dependents' school. If such
a leave of absence is granted, the teacher may elect, for a period not
exceeding the lesser of the period for which he is so employed or 5 years,
(a) to preserve his permanent status under this Act, and (b) to continue
receipt, on the same basis as if he were teaching in the school system
subject to the board of education, of service credit earned for
requirements of promotion, incremental increases in salary, leaves of
absence and other privileges based on an established period of service or
employment.
A person employed to replace a teacher making the election provided for
in this Section does not acquire permanent status as a teacher under this
Article.
(Source: Laws 1967, p. 1999 .)
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105 ILCS 5/34-85
(105 ILCS 5/34-85) (from Ch. 122, par. 34-85)
Sec. 34-85. Removal for cause; notice and hearing; suspension. (a) No
teacher employed by the board of education shall (after serving the
probationary period specified in Section 34-84) be removed
except for cause. Teachers (who have completed the probationary period specified in Section 34-84 of this Code) shall be removed for cause in accordance with the procedures set forth in this Section or, at the board's option, the procedures set forth in Section 24-16.5 of this Code or such other procedures established in an agreement entered into between the board and the exclusive representative of the district's teachers under Section 34-85c of this Code for teachers (who have completed the probationary period specified in Section 34-84 of this Code) assigned to schools identified in that agreement. No principal employed by the board of education shall be
removed during the term of his or her performance contract except for
cause, which may include but is not limited to the principal's repeated
failure to implement the school improvement plan or to comply with the
provisions of the Uniform Performance Contract, including additional
criteria established by the Council for inclusion in the performance
contract pursuant to Section 34-2.3.
Before service of notice of charges on account of causes that may be deemed to be remediable, the teacher or principal must be given reasonable warning in writing, stating specifically the causes that, if not removed, may result in charges; however, no such written warning is required if the causes have been the subject of a remediation plan pursuant to Article 24A of this Code or if the board and the exclusive representative of the district's teachers have entered into an agreement pursuant to Section 34-85c of this Code, pursuant to an alternative system of remediation. No written warning shall be required for conduct on the part of a teacher or principal that is cruel, immoral, negligent, or criminal or that in any way causes psychological or physical harm or injury to a student, as that conduct is deemed to be irremediable. No written warning shall be required for a material breach of the uniform principal performance contract, as that conduct is deemed to be irremediable; provided that not less than 30 days before the vote of the local school council to seek the dismissal of a principal for a material breach of a uniform principal performance contract, the local school council shall specify the nature of the alleged breach in writing and provide a copy of it to the principal. (1) To initiate dismissal proceedings against a | | teacher or principal, the general superintendent must first approve written charges and specifications against the teacher or principal. A local school council may direct the general superintendent to approve written charges against its principal on behalf of the Council upon the vote of 7 members of the Council. The general superintendent must approve those charges within 45 calendar days or provide a written reason for not approving those charges. A written notice of those charges, including specifications, shall be served upon the teacher or principal within 10 business days of the approval of the charges. Any written notice sent on or after July 1, 2012 shall also inform the teacher or principal of the right to request a hearing before a mutually selected hearing officer, with the cost of the hearing officer split equally between the teacher or principal and the board, or a hearing before a qualified hearing officer chosen by the general superintendent, with the cost of the hearing officer paid by the board. If the teacher or principal cannot be found upon diligent inquiry, such charges may be served upon him by mailing a copy thereof in a sealed envelope by prepaid certified mail, return receipt requested, to the teacher's or principal's last known address. A return receipt showing delivery to such address within 20 calendar days after the date of the approval of the charges shall constitute proof of service.
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(2) No hearing upon the charges is required unless
| | the teacher or principal within 17 calendar days after receiving notice requests in writing of the general superintendent that a hearing be scheduled. Pending the hearing of the charges, the general superintendent or his or her designee may suspend the teacher or principal charged without pay in accordance with rules prescribed by the board, provided that if the teacher or principal charged is not dismissed based on the charges, he or she must be made whole for lost earnings, less setoffs for mitigation.
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| (3) The board shall maintain a list of at least 9
| | qualified hearing officers who will conduct hearings on charges and specifications. The list must be developed in good faith consultation with the exclusive representative of the board's teachers and professional associations that represent the board's principals. The list may be revised on July 1st of each year or earlier as needed. To be a qualified hearing officer, the person must (i) be accredited by a national arbitration organization and have had a minimum of 5 years of experience as an arbitrator in cases involving labor and employment relations matters between employers and employees or their exclusive bargaining representatives and (ii) beginning September 1, 2012, have participated in training provided or approved by the State Board of Education for teacher dismissal hearing officers so that he or she is familiar with issues generally involved in evaluative and non-evaluative dismissals.
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Within 5 business days after receiving the notice of
| | request for a hearing, the general superintendent and the teacher or principal or their legal representatives shall alternately strike one name from the list until only one name remains. Unless waived by the teacher, the teacher or principal shall have the right to proceed first with the striking. If the teacher or principal fails to participate in the striking process, the general superintendent shall either select the hearing officer from the list developed pursuant to this paragraph (3) or select another qualified hearing officer from the master list maintained by the State Board of Education pursuant to subsection (c) of Section 24-12 of this Code.
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(4) If the notice of dismissal was sent to the
| | teacher or principal before July 1, 2012, the fees and costs for the hearing officer shall be paid by the State Board of Education. If the notice of dismissal was sent to the teacher or principal on or after July 1, 2012, the hearing officer's fees and costs must be paid as follows in this paragraph (4). The fees and permissible costs for the hearing officer shall be determined by the State Board of Education. If the hearing officer is mutually selected by the parties through alternate striking in accordance with paragraph (3) of this subsection (a), then the board and the teacher or their legal representative shall each pay 50% of the fees and costs and any supplemental allowance to which they agree. If the hearing officer is selected by the general superintendent without the participation of the teacher or principal, then the board shall pay 100% of the hearing officer fees and costs. The hearing officer shall submit for payment a billing statement to the parties that itemizes the charges and expenses and divides them in accordance with this Section.
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| (5) The teacher or the principal charged is required
| | to answer the charges and specifications and aver affirmative matters in his or her defense, and the time for doing so must be set by the hearing officer. The State Board of Education shall adopt rules so that each party has a fair opportunity to present its case and to ensure that the dismissal proceeding is concluded in an expeditious manner. The rules shall address, without limitation, the teacher or principal's answer and affirmative defenses to the charges and specifications; a requirement that each party make mandatory disclosures without request to the other party and then update the disclosure no later than 10 calendar days prior to the commencement of the hearing, including a list of the names and addresses of persons who may be called as witnesses at the hearing, a summary of the facts or opinions each witness will testify to, and all other documents and materials, including information maintained electronically, relevant to its own as well as the other party's case (the hearing officer may exclude witnesses and exhibits not identified and shared, except those offered in rebuttal for which the party could not reasonably have anticipated prior to the hearing); pre-hearing discovery and preparation, including provision for written interrogatories and requests for production of documents, provided that discovery depositions are prohibited; the conduct of the hearing; the right of each party to be represented by counsel, the offer of evidence and witnesses and the cross-examination of witnesses; the authority of the hearing officer to issue subpoenas and subpoenas duces tecum, provided that the hearing officer may limit the number of witnesses to be subpoenaed in behalf of each party to no more than 7; the length of post-hearing briefs; and the form, length, and content of hearing officers' reports and recommendations to the general superintendent.
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| The hearing officer shall commence the hearing within
| | 75 calendar days and conclude the hearing within 120 calendar days after being selected by the parties as the hearing officer, provided that these timelines may be modified upon the showing of good cause or mutual agreement of the parties. Good cause for the purposes of this paragraph (5) shall mean the illness or otherwise unavoidable emergency of the teacher, district representative, their legal representatives, the hearing officer, or an essential witness as indicated in each party's pre-hearing submission. In a dismissal hearing in which a witness is a student or is under the age of 18, the hearing officer must make accommodations for the witness, as provided under paragraph (5.5) of this subsection. The hearing officer shall consider and give weight to all of the teacher's evaluations written pursuant to Article 24A that are relevant to the issues in the hearing. Except as otherwise provided under paragraph (5.5) of this subsection, the teacher or principal has the privilege of being present at the hearing with counsel and of cross-examining witnesses and may offer evidence and witnesses and present defenses to the charges. Each party shall have no more than 3 days to present its case, unless extended by the hearing officer to enable a party to present adequate evidence and testimony, including due to the other party's cross-examination of the party's witnesses, for good cause or by mutual agreement of the parties. The State Board of Education shall define in rules the meaning of "day" for such purposes. All testimony at the hearing shall be taken under oath administered by the hearing officer. The hearing officer shall cause a record of the proceedings to be kept and shall employ a competent reporter to take stenographic or stenotype notes of all the testimony. The costs of the reporter's attendance and services at the hearing shall be paid by the party or parties who are paying the fees and costs of the hearing officer. Either party desiring a transcript of the hearing shall pay for the cost thereof. At the close of the hearing, the hearing officer shall direct the parties to submit post-hearing briefs no later than 21 calendar days after receipt of the transcript. Either or both parties may waive submission of briefs.
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| (5.5) In the case of charges involving any witness
| | who is or was at the time of the alleged conduct a student or a person under the age of 18, the hearing officer shall make accommodations to protect a witness from being intimidated, traumatized, or re-traumatized. No alleged victim or other witness who is or was at the time of the alleged conduct a student or under the age of 18 may be compelled to testify in the physical or visual presence of a teacher or other witness. If such a witness invokes this right, then the hearing officer must provide an accommodation consistent with the invoked right and use a procedure by which each party may hear such witness' testimony. Accommodations may include, but are not limited to: (i) testimony made via a telecommunication device in a location other than the hearing room and outside the physical or visual presence of the teacher or principal and other hearing participants, but accessible to the teacher via a telecommunication device, (ii) testimony made in the hearing room but outside the physical presence of the teacher or principal and accessible to the teacher via a telecommunication device, (iii) non-public testimony, (iv) testimony made via videoconference with the cameras and microphones of the teacher turned off, or (v) pre-recorded testimony, including, but not limited to, a recording of a forensic interview conducted at an accredited Children's Advocacy Center. With all accommodations, the hearing officer shall give such testimony the same consideration as if the witness testified without the accommodation. The teacher may not directly, or through a representative, question a witness called by the school board who is or was a student or under 18 years of age at the time of the alleged conduct. The hearing officer must permit the teacher to submit all relevant questions and follow-up questions for such a witness to have the questions posed by the hearing officer. During a testimony described under this subsection, each party must be permitted to ask a witness who is a student or who is under 18 years of age all relevant questions and follow-up questions. All questions must exclude evidence of the witness' sexual behavior or predisposition, unless the evidence is offered to prove that someone other than the teacher subject to the dismissal hearing engaged in the charge at issue.
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(6) The hearing officer shall within 30 calendar days
| | from the conclusion of the hearing report to the general superintendent findings of fact and a recommendation as to whether or not the teacher or principal shall be dismissed and shall give a copy of the report to both the teacher or principal and the general superintendent. The State Board of Education shall provide by rule the form of the hearing officer's report and recommendation.
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| (6.5) If any hearing officer fails without good
| | cause, specifically provided in writing to both parties and the State Board of Education, to render findings of fact and recommendation within 90 days after the closing of the record and receipt of post-hearing briefs, or if any hearing officer fails to make an accommodation pursuant to paragraph (5.5) of this subsection (a), the hearing officer shall be removed from the list of hearing officers developed pursuant to paragraph (3) of this subsection (a) and the master list of qualified hearing officers maintained by the State Board of Education for not more than 24 months. The parties and the State Board of Education may also take such other actions as it deems appropriate, including recovering, reducing, or withholding any fees paid or to be paid to the hearing officer. If any hearing officer repeats such failure, he or she must be permanently removed from the list of hearing officers developed described in paragraph (3) and the master list maintained by the State Board of Education and may not be selected by parties. The board shall not lose jurisdiction to discharge a teacher or principal if the hearing officer fails to render findings of fact and recommendation within the time specified in this Section.
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| (7) The board, within 45 days of receipt of the
| | hearing officer's findings of fact and recommendation, shall make a decision as to whether the teacher or principal shall be dismissed from its employ. The failure of the board to strictly adhere to the timeliness contained herein shall not render it without jurisdiction to dismiss the teacher or principal. In the event that the board declines to dismiss the teacher or principal after review of a hearing officer's recommendation, the board shall set the amount of back pay and benefits to award the teacher or principal, which shall include offsets for interim earnings and failure to mitigate losses. The board shall establish procedures for the teacher's or principal's submission of evidence to it regarding lost earnings, lost benefits, mitigation, and offsets. The decision of the board is final unless reviewed in accordance with paragraph (8) of this subsection (a).
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(8) The teacher may seek judicial review of the
| | board's decision in accordance with the Administrative Review Law, which is specifically incorporated in this Section, except that the review must be initiated in the Illinois Appellate Court for the First District. In the event judicial review is instituted, any costs of preparing and filing the record of proceedings shall be paid by the party instituting the review. In the event the appellate court reverses a board decision to dismiss a teacher or principal and directs the board to pay the teacher or the principal back pay and benefits, the appellate court shall remand the matter to the board to issue an administrative decision as to the amount of back pay and benefits, which shall include a calculation of the lost earnings, lost benefits, mitigation, and offsets based on evidence submitted to the board in accordance with procedures established by the board.
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| (9) Any hearing convened during a public health
| | emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act may be convened remotely. Any hearing officer for a hearing convened during a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act may voluntarily withdraw from the hearing and another hearing officer shall be selected or appointed pursuant to this Section.
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| In this paragraph, "pre-hearing procedures" refers to
| | the pre-hearing procedures under Section 51.55 of Title 23 of the Illinois Administrative Code and "hearing" refers to the hearing under Section 51.60 of Title 23 of the Illinois Administrative Code. Any teacher or principal who has been charged with engaging in acts of corporal punishment, physical abuse, grooming, or sexual misconduct and who previously paused pre-hearing procedures or a hearing pursuant to Public Act 101-643 must proceed with selection of a hearing officer or hearing date, or both, within the timeframes established by paragraphs (3) through (5) of this subsection (a), unless the timeframes are mutually waived in writing by both parties, and all timelines set forth in this Section in cases concerning corporal punishment, physical abuse, grooming, or sexual misconduct shall be reset to begin the day after the effective date of this amendatory Act of the 102nd General Assembly. Any teacher or principal charged with engaging in acts of corporal punishment, physical abuse, grooming, or sexual misconduct on or after the effective date of this amendatory Act of the 102nd General Assembly may not pause pre-hearing procedures or a hearing.
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| (b) Nothing in this Section affects the validity of removal for cause hearings
commenced prior to June 13, 2011 (the effective date of Public Act 97-8).
The changes made by Public Act 97-8 shall apply to dismissals instituted on or after September 1, 2011 or the effective date of Public Act 97-8, whichever is later. Any dismissal instituted prior to the effective date of these changes must be carried out in accordance with the requirements of this Section prior to amendment by Public Act 97-8.
(Source: P.A. 102-708, eff. 4-22-22; 103-354, eff. 1-1-24 .)
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105 ILCS 5/34-85b
(105 ILCS 5/34-85b)
Sec. 34-85b. (Repealed).
(Source: P.A. 95-510, eff. 8-28-07. Repealed by P.A. 97-8, eff. 6-13-11.)
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105 ILCS 5/34-85c (105 ILCS 5/34-85c) Sec. 34-85c. Alternative procedures for teacher evaluation, remediation, and removal for cause after remediation. (a) Notwithstanding any law to the contrary, the board and the exclusive representative of the district's teachers are hereby authorized to enter into an agreement to establish alternative procedures for teacher evaluation, remediation, and removal for cause after remediation, including an alternative system for peer evaluation and recommendations; provided, however, that no later than September 1, 2012: (i) any alternative procedures must include provisions whereby student performance data is a significant factor in teacher evaluation and (ii) teachers are rated as "excellent", "proficient", "needs improvement" or "unsatisfactory". Pursuant exclusively to that agreement, teachers assigned to schools identified in that agreement shall be subject to an alternative performance evaluation plan and remediation procedures in lieu of the plan and procedures set forth in Article 24A of this Code and alternative removal for cause standards and procedures in lieu of the removal standards and procedures set forth in Section 34-85 of this Code. To the extent that the agreement provides a teacher with an opportunity for a hearing on removal for cause before an independent hearing officer in accordance with Section 34-85 or otherwise, the hearing officer shall be governed by the alternative performance evaluation plan, remediation procedures, and removal standards and procedures set forth in the agreement in making findings of fact and a recommendation. (a-5) If the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act that suspends in-person instruction, the timelines connected to the commencement and completion of any remediation plan are paused. Except where the parties mutually agree otherwise and such agreement is in writing, any remediation plan that had been in place for 45 or more days prior to the suspension of in-person instruction shall resume when in-person instruction resumes; any remediation plan that had been in place for fewer than 45 days prior to the suspension of in-person instruction shall discontinue and a new remediation period will begin when in-person instruction resumes. (a-10) No later than September 1, 2022, the school district must establish a teacher evaluation plan that ensures that each teacher in contractual continued service whose performance is rated as either "excellent" or "proficient" is evaluated at least once in the course of the 3 school years after receipt of the rating and establish an informal teacher observation plan that ensures that each teacher in contractual continued service whose performance is rated as either "excellent" or "proficient" is informally observed at least once in the course of the 2 school years after receipt of the rating. (a-15) For the 2022-2023 school year only, if the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, the school district may waive the evaluation requirement of any teacher in contractual continued service whose performance was rated as either "excellent" or "proficient" during the last school year in which the teacher was evaluated under this Section. (b) The board and the exclusive representative of the district's teachers shall submit a certified copy of an agreement as provided under subsection (a) of this Section to the State Board of Education. (Source: P.A. 101-643, eff. 6-18-20; 102-252, eff. 1-1-22; 102-729, eff. 5-6-22.) |
105 ILCS 5/34-85d (105 ILCS 5/34-85d) Sec. 34-85d. Teacher evaluation; copies. Notwithstanding any other provision of law to the contrary, the school district shall provide all copies of teacher evaluations to the exclusive bargaining representative of the school district's teachers within 7 days after issuing the evaluations.
(Source: P.A. 100-682, eff. 1-1-19 .) |
105 ILCS 5/34-85e (105 ILCS 5/34-85e) Sec. 34-85e. COVID-19 sick leave. For purposes of this Section, "employee" means a person employed by the school district on or after the effective date of this amendatory Act of the 102nd General Assembly. Any sick leave used by a teacher or employee during the 2021-2022 school year shall be returned to a teacher or employee who receives all doses required to be fully vaccinated against COVID-19, as defined in Section 34-18.78 of this Code, if: (1) the sick leave was taken because the teacher or | | employee was restricted from being on school district property because the teacher or employee:
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| (A) had a confirmed positive COVID-19 diagnosis
| | via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19;
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| (B) had a probable COVID-19 diagnosis via an
| | (C) was in close contact with a person who had a
| | confirmed case of COVID-19 and was required to be excluded from school; or
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| (D) was required by the school or school district
| | policy to be excluded from school district property due to COVID-19 symptoms; or
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| (2) the sick leave was taken to care for a child of
| | the teacher or employee who was unable to attend elementary or secondary school because the child:
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| (A) had a confirmed positive COVID-19 diagnosis
| | via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19;
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| (B) had a probable COVID-19 diagnosis via an
| | (C) was in close contact with a person who had a
| | confirmed case of COVID-19 and was required to be excluded from school; or
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| (D) was required by the school or school district
| | policy to be excluded from school district property due to COVID-19 symptoms.
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| Leave shall be returned to a teacher or employee pursuant to this Section provided that the teacher or employee has received all required doses to meet the definition of "fully vaccinated against COVID-19" under Section 34-18.78 of this Code no later than 5 weeks after the effective date of this amendatory Act of the 102nd General Assembly.
No school may rescind any sick leave returned to a teacher or employee on the basis of a revision to the definition of "fully vaccinated against COVID-19" by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services or the Department of Public Health, provided that the teacher or employee received all doses required to be fully vaccinated against COVID-19, as defined in Section 34-18.78 of this Code, at the time the sick leave was returned to the teacher or employee.
(Source: P.A. 102-697, eff. 4-5-22.)
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105 ILCS 5/34-87
(105 ILCS 5/34-87)
Sec. 34-87. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/34-88
(105 ILCS 5/34-88) (from Ch. 122, par. 34-88)
Sec. 34-88. District and school report cards. The board shall, in accordance with Section 10-17a of the School Code, annually present and disseminate the school district and school report cards prepared by the State Superintendent of Education.
(Source: P.A. 97-671, eff. 1-24-12.)
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105 ILCS 5/34-128
(105 ILCS 5/34-128) (from Ch. 122, par. 34-128)
Sec. 34-128.
The Board shall provide free bus transportation for
every child who is a child with a mental disability who is trainable,
as defined in Article 14,
who resides at a distance of one mile or more from any school to which
he is assigned for attendance and who the State Board of Education determines
in advance requires special transportation
service in order to take advantage of special educational facilities.
The board may levy, without regard to any other legally authorized
tax and in addition to such taxes, an annual tax upon all the taxable
property in the school district at a rate not to exceed .005% of the
value, as equalized or assessed by the Department of Revenue,
that will produce an amount not to exceed the annual cost of
transportation provided in accordance with this Section. The board
shall deduct from the cost of such transportation any amount reimbursed
by the State under Article 14. Such levy is authorized in the year
following the school year in which the transportation costs were
incurred by the district.
(Source: P.A. 99-143, eff. 7-27-15.)
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105 ILCS 5/prec. Sec. 34-200
(105 ILCS 5/prec. Sec. 34-200 heading)
SCHOOL ACTION AND FACILITY MASTER PLANNING (Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11.) |
105 ILCS 5/34-200 (105 ILCS 5/34-200) Sec. 34-200. Definitions. For the purposes of Sections 34-200 through 34-235 of this Article: "Capital improvement plan" means a plan that identifies capital projects to be started or finished within the designated period, excluding projects funded by locally raised capital not exceeding $10,000. "Community area" means a geographic area of the City of Chicago defined by the chief executive officer as part of the development of the educational facilities master plan. "Space utilization" means the percentage achieved by dividing the school's actual enrollment by its design capacity. "School closing" or "school closure" means the closing of a school, the effect of which is the assignment and transfer of all students enrolled at that school to one or more designated receiving schools. "School consolidation" means the consolidation of 2 or more schools by closing one or more schools and reassigning the students to another school. "Phase-out" means the gradual cessation of enrollment in certain grades each school year until a school closes or is consolidated with another school. "School action" means any school closing; school consolidation; co-location; boundary change that requires reassignment of students, unless the reassignment is to a new school with an attendance area boundary and is made to relieve overcrowding; or phase-out.
(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11; 97-813, eff. 7-13-12.) |
105 ILCS 5/34-205 (105 ILCS 5/34-205) Sec. 34-205. Educational facility standards. (a) By January 1, 2012, the district shall publish space utilization standards on the district's website. The standards shall include the following: (1) the method by which design capacity is | | calculated, including consideration of the requirements of elementary and secondary programs, shared campuses, after school programming, the facility needs, grade and age ranges of the attending students, and use of school buildings by governmental agencies and community organizations;
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| (2) the method to determine efficient use of a school
| | building based upon educational program design capacity;
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| (3) the rate of utilization; and
(4) the standards for overcrowding and
| | (b) The chief executive officer or his or her designee shall publish a space utilization report for each school building operated by the district on the district's website by December 31 of each year.
(c) The facility performance standards provisions are as follows:
(1) On or before January 1, 2012, the chief executive
| | officer shall propose minimum and optimal facility performance standards for thermal comfort, daylight, acoustics, indoor air quality, furniture ergonomics for students and staff, technology, life safety, ADA accessibility, plumbing and washroom access, environmental hazards, and walkability.
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| (2) The chief executive officer shall conduct at
| | least one public hearing and submit the proposed educational facilities standards to each local school council and to the Chicago Public Building Commission for review and comment prior to adoption.
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| (3) After the chief executive officer has
| | incorporated the input and recommendations of the public and the Chicago Public Building Commission, the chief executive officer shall issue final facility performance standards.
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| (4) The chief executive officer is authorized to
| | amend the facility performance standards following the procedures in this Section.
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| (5) The final educational facility space utilization
| | and performance standards shall be published on the district's Internet website.
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(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11; 97-813, eff. 7-13-12.)
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105 ILCS 5/34-210 (105 ILCS 5/34-210) Sec. 34-210. The Educational Facility Master Plan. (a) In accordance with the schedule set forth in this Article, the chief executive officer or his or her designee shall prepare a 10-year educational facility master plan every 5 years, with updates 2 1/2 years after the approval of the initial 10-year plan, with the first such educational facility master plan to be approved on or before October 1, 2013. (b) The educational facility master plan shall provide community area level plans and individual school master plans with options for addressing the facility and space needs for each facility operated by the district over a 10-year period. (c) The data, information, and analysis that shall inform the educational facility master plan shall be published on the district's Internet website and shall include the following: (1) a description of the district's guiding | | educational goals and standards;
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| (2) a brief description of the types of
| | instructional programs and services delivered in each school, including specific plans for special education programs, early childhood education programs, career and technical education programs, and any other programs that are space sensitive to avoid space irregularities;
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| (3) a description of the process, procedure, and
| | timeline for community participation in the development of the plan;
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| (3.5) A description of a communications and community
| | involvement plan for each community in the City of Chicago that includes the engagement of students, school personnel, parents, and key stakeholders throughout the community and all of the following:
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| (A) community action councils;
(B) local school councils or, if not present,
| | alternative parent and community governance for that school;
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| (C) the Chicago Teachers Union; and
(D) all current principals.
(4) the enrollment capacity of each school and its
| | rate of enrollment and historical and projected enrollment, and current and projected demographic information for the neighborhood surrounding the district based on census data;
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| (5) a report on the assessment of individual building
| | (6) a data table with historical and projected
| | enrollment data by school by grade;
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| (7) community analysis, including a study of current
| | and projected demographics, land usage, transportation plans, residential housing and commercial development, private schools, plans for water and sewage service expansion or redevelopment, and institutions of higher education;
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| (8) an analysis of the facility needs and
| | requirements and a process to address critical facility capital needs of every school building, which shall be publicly available on the district's Internet website for schools and communities to have access to the information;
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| (9) identification of potential sources of funding
| | for the implementation of the Educational Facility Master Plan, including financial options through tax increment financing, property tax levies for schools, and bonds that address critical facility needs; and
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| (10) any school building disposition, including a
| | plan delineating the process through which citizen involvement is facilitated and establishing the criteria that is utilized in building disposition decisions, one of which shall be consideration of the impact of any proposed new use of a school building on the neighborhood in which the school building is located and how it may impact enrollment of schools in that community area.
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| (d) On or before May 1, 2013, the chief executive officer or his or her designee shall prepare and distribute for comment a preliminary draft of the Educational Facility Master Plan. The draft plan shall be distributed to the City of Chicago, the County of Cook, the Chicago Park District, the Chicago Housing Authority, the Chicago Transit Authority, attendance centers operated by the district, and charter schools operating within the district. Each attendance center shall make the draft plan available to the local school council at the annual organizational meeting or to an alternative advisory body and to the parents, guardians, and staff of the school. The draft plan also shall be distributed to each State Senator and State Representative with a district in the City of Chicago, to the Mayor of the City of Chicago, and to each alderperson of the City.
(e) The chief executive or his or her designee shall publish a procedure for conducting regional public hearings and submitting public comments on the draft plan and an annual capital improvement hearing that shall discuss the district's annual capital budget and that is not in conjunction with operating budget hearings.
(f) After consideration of public input on the draft plan, the chief executive officer or his or her designee shall prepare and publish a report describing the public input gathered and the process used to incorporate public input in the development of the final plan to be recommended to the Board.
(g) The chief executive officer shall present the final plan and report to the Board for final consideration and approval.
(h) The final approved Educational Facility Master Plan shall be published on the district's website.
(i) No later than July 1, 2016, and every 5 years thereafter, the chief executive officer or his or her designee shall prepare and submit for public comment a draft revised Educational Facility Master Plan following the procedures required for development of the original plan.
(j) This proposed revised plan shall reflect the progress achieved during the first 2 1/2 years of the Educational Facility Master Plan.
(k) On or before December 1, 2018, the Board shall adopt a policy to address under-enrolled schools. The policy must contain a list of potential interventions to address schools with declining enrollment, including, but not limited to, action by the district to:
(i) create a request for proposals for joint use of the school with an intergovernmental rental or other outside entity rental,
(ii) except for a charter school, cease any potential plans for school expansion that may negatively impact enrollment at the under-enrolled school,
(iii) redraft attendance boundaries to maximize enrollment of additional students, or
(iv) work with under-enrolled schools to identify opportunities to increase enrollment and lower the costs of occupancy through joint use agreements.
(Source: P.A. 102-15, eff. 6-17-21.)
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105 ILCS 5/34-215 (105 ILCS 5/34-215) Sec. 34-215. Capital improvement plans. (a) The district shall develop a capital needs review process and one-year and 5-year capital improvement plans. (b) By January 1, 2012, the chief executive officer or his or her designee shall establish a capital needs review process that includes a comprehensive bi-annual assessment of the capital needs at each facility owned, leased, or operated by the district. The review process shall include development of an assessment form to be used by attendance centers to provide a school-based capital, maintenance, utility, and repair needs assessment report and recommendations aligned with the educational program and goals of the attendance center. (c) Beginning with fiscal year 2013 and for each year thereafter, the chief executive officer shall publish a proposed one-year capital improvement plan at least 60 days prior to the end of the prior fiscal year. The proposed one-year capital improvement plan shall be posted on the district's Internet website and shall be subject to public review and comment and at least 3 public hearings. The one-year capital improvement plan shall include the following information for all capital projects for which funds are to be appropriated: (1) description of the scope of the project; (2) justification for the project; (3) status of the project, including, if appropriate, | | percentage funded, percentage complete, and approved start and end dates;
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| (4) original approved cost and current approved cost
| | (5) the impact of the project on the district's
| | (6) the name of each school and facility affected by
| | (7) all funding sources for the project;
(8) any relationship of the project to the needs
| | assessment submitted by the attendance center;
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| (9) any relationship to the district's 10-year
| | Educational Facilities Master Plan;
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| (10) a description of the scope of work to be done,
| | schedule of achieved and projected major milestones, and an explanation for any delay in meeting projected milestones; and
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| (11) a detailed summary of all modernization, new
| | construction, or other capital improvements, and a process for making recommendations for modernization of existing school facilities, new school facility construction, and other school facility capital improvements planned for the next fiscal year.
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| (d) The chief executive officer shall present a final proposed one-year capital improvement plan to the Board for consideration.
(e) The Board shall adopt a final one-year capital improvement plan no more than 45 days after adopting the annual budget.
(f) Beginning with fiscal year 2013, the chief executive officer shall publish a proposed 5-year capital improvement plan with the proposed one-year capital improvement plan. The 5-year capital improvement plan shall include
proposed capital improvements for the next 4 years and, to the extent practicable, the same information for each proposed project that is required for the one-year capital improvement plan.
(g) The 5-year capital improvement plan shall be assessed annually. An annual report shall be published explaining the differences between projected capital projects in the 5-year capital improvement plan and the capital projects authorized in the proposed one-year capital improvement plan for the following fiscal year. The 5-year plan shall be published on the district's Internet website and distributed to all principals.
(Source: P.A. 100-965, eff. 8-19-18.)
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105 ILCS 5/34-220 (105 ILCS 5/34-220) Sec. 34-220. Financial transparency. (a) For fiscal year 2012, the chief executive officer shall provide the Board with an annual capital expenditure report within 90 days after the end of the fiscal year. The report shall be published on the district's Internet website. (b) For fiscal year 2013 and thereafter, the chief executive officer shall provide the Board with an annual capital expenditure report within 90 days after the end of the fiscal year. The report shall be published on the district's Internet website. The annual capital expenditure report shall include the following: (1) expenditures on all facilities in which students | | enrolled in the district receive instruction for all capital projects on which funds were expended in that fiscal year, even if the project was not initiated or completed in the fiscal year;
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| (2) identification of capital projects that aligned
| | with the school-based facility needs assessment and recommendations of school principals or were the result of other public input;
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| (3) the levels of appropriation actually provided to
| | the district for capital projects in the fiscal year by the city, the State, and the federal government, with a comparison of the level of such funding against funding levels for the prior 5 years; and
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| (4) a summary comparison of annual capital expenses
| | and the corresponding one-year capital improvement plan.
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| (c) A list of all property owned by or leased to the Board shall be published on the district's Internet website by January 1, 2012, and shall be updated annually. For each property listed, the most recent facility standards review and any capital improvement projects that are pending or planned or have been completed in the 2-year period prior to publication shall be outlined.
(d) All lease agreements in which the Board is a lessor or lessee shall be published on the district's Internet website for the duration of the lease. Temporary facility use, right of entry, and other temporary license agreements not exceeding one year in duration are not subject to this requirement.
(e) The district shall publish on the district's Internet website a summary of the lease agreements in which the Board is a lessor or lessee, including the following:
(1) a description of the leasehold;
(2) the full legal name of the parties to the
| | (3) the term of the agreement;
(4) the rent amount; and
(5) the party responsible for maintenance, capital
| | improvements, utilities, and other expenses.
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(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11.)
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105 ILCS 5/34-222 (105 ILCS 5/34-222) Sec. 34-222. School attendance boundaries. (a) At least once every 5 years, the Department of School Demographics and Planning ("DSP") shall evaluate the enrollment at existing schools in the school district to determine if there is a need to revise existing boundaries. (1) In reviewing the enrollment at existing schools | | to determine if there is a need to revise existing boundaries, DSP shall consider a range of factors, including the following:
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| (A) capacities of the school being reviewed and
| | schools with contiguous boundaries to the school being reviewed;
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| (B) current and projected racial and ethnic
| | composition of the school being reviewed and any schools with contiguous boundaries to the school being reviewed;
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| (C) current and projected income level
| | composition of the school being reviewed and any schools with contiguous boundaries to the school being reviewed;
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| (D) geographic barriers;
(E) travel time and distance to the school; and
(F) program considerations of the school being
| | reviewed and any schools with contiguous boundaries to the school being reviewed.
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| (2) DSP shall submit a written report of its
| | findings, conclusions, and recommendations to the chief executive officer and the Board. The report shall document the evaluation of the factors of the school being reviewed. The report shall be made public on the district's website within 30 days after its completion.
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| (b) If it is determined that there is a need to revise any existing boundaries, DSP shall develop and recommend any proposed changes to the chief executive officer prior to the beginning of the school year in which the changes are to take effect. In addition, DSP shall develop and recommend proposed boundaries for new schools to the chief executive officer prior to the beginning of the school year in which the new school boundaries are to take effect.
(1) In developing proposed changes to boundaries
| | for existing schools and proposing attendance boundaries for new schools, DSP shall consider a range of factors, including the following:
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| (A) DSP shall consider the capacities of each
| | of the schools involved in the proposed boundary revisions, including the extent to which a school is overcrowded or underutilized. Where feasible, the goal is for elementary schools to be utilized at not more than 80% of design capacity and for high schools at not more than 100% of program capacity. Schools shall be considered severely overcrowded if they are operating in excess of 100% utilization and significantly underutilized if they are operating at less than 30% utilization. DSP shall consider these utilization rates when proposing revisions to attendance boundaries for existing schools and when proposing attendance boundaries for new schools.
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| (B) DSP shall consider the current and
| | projected racial and ethnic composition of the schools affected. Where feasible, DSP shall propose establishing or revising attendance boundaries to maintain or promote stably desegregated enrollments in each of the affected schools and to avoid the creation of one-race schools.
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| (C) DSP shall consider geographic barriers so
| | as to promote safety and minimize transportation burdens, to the extent feasible.
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| (D) DSP shall consider travel time and distance
| | and, to the extent feasible, seek to minimize travel time and distance.
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| (E) DSP shall consider the placement of
| | programs in each of the schools involved, such as programs for English learners and for special education students. In addition, DSP shall consider the impact of magnet schools and programs and the requirements of the federal Every Student Succeeds Act and the Illinois Balanced Accountability Measures.
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| (2) For each proposed attendance boundary, DSP shall
| | develop at least 2 alternatives. For each alternative, DSP shall prepare a report showing 3-year enrollment projections by racial and ethnic groups for all schools affected by the proposed change pursuant to each alternative. The report shall document for each alternative the impact on the affected schools for the factors of capacity, geographic barriers, travel time and distance, and program considerations. In developing alternatives, DSP shall consider whether any feasible alternatives would better maintain or promote stably desegregated enrollments in each of the affected schools or better avoid the creation of one-race schools. The report shall be made public on the district's website within 30 days after its completion.
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| (c) The chief executive officer shall review the report from DSP and may suggest additional alternatives. The chief executive officer shall report to the Board if he or she recommends any changes to existing boundaries or establishing boundaries for new schools. If the chief executive officer is recommending any changes to existing boundaries or establishing any boundaries for new schools, the chief executive officer shall provide the Board with a report of the alternatives considered, including data on the factors of capacity, current and projected racial and ethnic considerations, geographic barriers, travel time and distance, and program considerations. The chief executive officer shall inform the Board of the alternative that is being recommended. The report shall be made public on the district's website within 30 days after its completion.
(d) Prior to taking action on the establishment or revision of any attendance boundaries, the Board shall conduct public hearings on the proposed establishment or revision of attendance boundaries and the chief executive officer's recommendation. Prior to the public hearing, the Board shall make available reports and data on the factors of capacity, current and projected racial and ethnic considerations, geographic barriers, travel time and distance, and program considerations. In making its decision, the Board shall consider the factors of capacity, current and projected racial and ethnic considerations,
geographic barriers, travel time and distance, and program considerations.
(Source: P.A. 102-777, eff. 1-1-23 .)
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105 ILCS 5/34-225 (105 ILCS 5/34-225) Sec. 34-225. School transition plans. (a) If the Board approves a school action, the chief executive officer or his or her designee shall work collaboratively with local school educators and families of students attending a school that is the subject of a school action to ensure successful integration of affected students into new learning environments. (b) The chief executive officer or his or her designee shall prepare and implement a school transition plan to support students attending a school that is the subject of a school action that accomplishes the goals of this Section. The chief executive must identify and commit specific resources for implementation of the school transition plan for a minimum of the full first academic year after the board approves a school action. (c) The school transition plan shall include the following: (1) services to support the academic, social, and | | emotional needs of students; supports for students with disabilities, homeless students, and English language learners; and support to address security and safety issues;
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| (2) options to enroll in higher performing schools;
(3) informational briefings regarding the choice of
| | schools that include all pertinent information to enable the parent or guardian and child to make an informed choice, including the option to visit the schools of choice prior to making a decision;
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| (4) the provision of appropriate transportation where
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(5) the departments that are responsible for the
| | (6) specific programs to be offered; and
(7) support to implement plans at receiving schools,
| | specifying the funding source.
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| (d) When implementing a school action, the Board must make reasonable and demonstrated efforts to ensure that:
(1) affected students receive a comparable level of
| | social support services provided by Chicago Public Schools that were available at the previous school, provided that the need for such social support services continue to exist; and
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| (2) class sizes of any receiving school do not exceed
| | those established under the Chicago Public Schools policy regarding class size, subject to principal discretion.
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| (Source: P.A. 100-965, eff. 8-19-18.)
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105 ILCS 5/34-230 (105 ILCS 5/34-230) Sec. 34-230. School action public meetings and hearings. (a) By October 1 of each year, the chief executive officer shall prepare and publish guidelines for school actions. The guidelines shall outline the academic and non-academic criteria for a school action. These guidelines shall be created with the involvement of local school councils, parents, educators, and community organizations. These guidelines, and each subsequent revision, shall be subject to a public comment period of at least 21 days before their approval. (b) The chief executive officer shall announce all proposed school actions to be taken at the close of the current academic year consistent with the guidelines by December 1 of each year. (c) On or before December 1 of each year, the chief executive officer shall publish notice of the proposed school actions. (1) Notice of the proposal for a school action shall | | include a written statement of the basis for the school action, an explanation of how the school action meets the criteria set forth in the guidelines, and a draft School Transition Plan identifying the items required in Section 34-225 of this Code for all schools affected by the school action. The notice shall state the date, time, and place of the hearing or meeting. For a school closure only, 8 months after notice is given, the chief executive officer must publish on the district's website a full financial report on the closure that includes an analysis of the closure's costs and benefits to the district.
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| (2) The chief executive officer or his or her
| | designee shall provide notice to the principal, staff, local school council, and parents or guardians of any school that is subject to the proposed school action.
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| (3) The chief executive officer shall provide written
| | notice of any proposed school action to the State Senator, State Representative, and alderperson for the school or schools that are subject to the proposed school action.
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| (4) The chief executive officer shall publish notice
| | of proposed school actions on the district's Internet website.
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| (5) The chief executive officer shall provide notice
| | of proposed school actions at least 30 calendar days in advance of a public hearing or meeting. The notice shall state the date, time, and place of the hearing or meeting. No Board decision regarding a proposed school action may take place less than 60 days after the announcement of the proposed school action.
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| (d) The chief executive officer shall publish a brief summary of the proposed school actions and the date, time, and place of the hearings or meetings in a newspaper of general circulation.
(e) The chief executive officer shall designate at least 3 opportunities to elicit public comment at a hearing or meeting on a proposed school action and shall do the following:
(1) Convene at least one public hearing at the
| | centrally located office of the Board.
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| (2) Convene at least 2 additional public hearings or
| | meetings at a location convenient to the school community subject to the proposed school action.
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| (f) Public hearings shall be conducted by a qualified independent hearing officer chosen from a list of independent hearing officers. The general counsel shall compile and publish a list of independent hearing officers by November 1 of each school year. The independent hearing officer shall have the following qualifications:
(1) he or she must be a licensed attorney eligible to
| | practice law in Illinois;
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| (2) he or she must not be an employee of the Board;
| | (3) he or she must not have represented the Board,
| | its employees or any labor organization representing its employees, any local school council, or any charter or contract school in any capacity within the last year.
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| The independent hearing officer shall issue a written report that summarizes the hearing and determines whether the chief executive officer complied with the requirements of this Section and the guidelines.
The chief executive officer shall publish the report on the district's Internet website within 5 calendar days after receiving the report and at least 15 days prior to any Board action being taken.
(g) Public meetings shall be conducted by a representative of the chief executive officer. A summary of the public meeting shall be published on the district's Internet website within 5 calendar days after the meeting.
(h) If the chief executive officer proposes a school action without following the mandates set forth in this Section, the proposed school action shall not be approved by the Board during the school year in which the school action was proposed.
(Source: P.A. 101-133, eff. 7-26-19; 102-15, eff. 6-17-21.)
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105 ILCS 5/34-232 (105 ILCS 5/34-232) Sec. 34-232. Proposed school action announcement and notice; 2012-2013 school year. The following apply for school actions proposed during the 2012-2013 school year: (1) On or before March 31, 2013, the chief executive | | officer shall announce all proposed school actions to be taken at the close of the current academic year consistent with the guidelines published under Section 34-230 of this Code.
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| (2) On or before March 31, 2013, the chief executive
| | officer shall publish notice of the proposed school actions.
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| (3) The chief executive officer shall provide notice
| | of proposed school actions at least 15 calendar days in advance of a public hearing or meeting.
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| All other provisions of Section 34-230 of this Code that do not conflict with this Section must be followed when proposing school actions.
(Source: P.A. 97-1133, eff. 11-30-12.)
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105 ILCS 5/34-235 (105 ILCS 5/34-235) Sec. 34-235. Emergencies. Nothing in Sections 34-200 through 34-235 of this Code prevents the district from taking emergency action to protect the health and safety of students and staff in an attendance center. In the event of an emergency that requires the district to close all or part of a school facility, including compliance with a directive of a duly authorized public safety agency, the chief executive officer or his or her designees are authorized to take all steps necessary to protect the safety of students and staff, including relocation of the attendance center to another location or closing the attendance center. In such cases, the chief executive officer shall provide written notice of the basis for the emergency action within 3 days after declaring the emergency and shall publish the steps that have been taken or will be taken to address the emergency within 10 days after declaring the emergency. The notice shall be posted on the district's website and provided to the principal, the local school council, and the State Senator, the State Representative, and the alderperson of the school that is the subject of the emergency action. The notice shall explain why the district could not comply with the provisions in Sections 34-200 through 34-235 of this Code.
(Source: P.A. 102-15, eff. 6-17-21.) |
105 ILCS 5/Art. 34A
(105 ILCS 5/Art. 34A heading)
ARTICLE 34A
SCHOOL FINANCE AUTHORITY
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105 ILCS 5/34A-101
(105 ILCS 5/34A-101) (from Ch. 122, par. 34A-101)
Sec. 34A-101.
Short title.
This Article shall be known and may be cited
as the "School Finance Authority Act."
(Source: P.A. 81-1221.)
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105 ILCS 5/34A-102
(105 ILCS 5/34A-102) (from Ch. 122, par. 34A-102)
Sec. 34A-102.
Findings and purpose.
(a) The General Assembly finds:
(i) A fundamental goal of the people of the State, as | | expressed in Section 1 of Article X of the Illinois Constitution, is the educational development of all persons to the limits of their capacities. When a board of education faces financial difficulties, continued operation of the public school system is threatened.
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(ii) A sound financial structure is essential to the
| | continued operation of any school system. It is vital to commercial, educational and cultural interests that the public schools remain in operation. To achieve that goal, public school systems must have effective access to the private market to borrow short and long term funds.
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(iii) To promote the financial integrity of boards of
| | education of cities having a population exceeding 500,000, it is necessary to provide for the creation of school finance authorities with the powers necessary to promote sound financial management and to assure the continued operation of the public schools.
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(b) It is the purpose of this Article to provide a secure financial basis
for the continued operation of the public schools. In addition, it is the
further purpose of this Article to facilitate implementation of school
reform in the continued operation of the public schools in accordance with
the provisions of this amendatory Act of 1991. The intention of the
General Assembly, in enacting this legislation, is to establish procedures,
provide powers and impose restrictions to assure the financial and
educational integrity of the public schools while leaving principal
responsibility for the educational policies of the public schools to the
boards of education within the State, consistent with the requirements for
satisfying the public policy and purpose herein set forth.
(Source: P.A. 85-1418; 86-1477.)
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105 ILCS 5/34A-103
(105 ILCS 5/34A-103) (from Ch. 122, par. 34A-103)
Sec. 34A-103.
Definitions.
As used in this Article:
(a) "Authority" means the "(Name of City) School Finance Authority";
(b) "Board" means any board of education to which this Article is
applicable;
(c) "Budget" means the budget of the Board as defined in Section 34-43
of this Act, as from time to time in effect;
(d) "Chairman" means the chairman of the Authority appointed pursuant
to paragraph (c) of Section 34A-301 of this Article;
(e) "City" means the city wherein the school district of such Board
is located;
(f) "Financial Plan" means the financial plan of the Board to be developed
pursuant to Section 34A-403 of this Article, as from time to time in effect;
(g) "Fiscal Year" means the fiscal year of the Board;
(h) "Governor" means the Governor of the State of Illinois;
(i) "School year" means the school year of the Board;
(j) "Approved System-Wide Educational Reform Goals and Objectives Plan"
means the system-wide educational reform goals and objectives plan that has
been accepted and approved by the Authority;
(k) "Investment Obligations" means any of the following which at the time
of investment are legal investments under the laws of the State for the
money proposed to be invested therein:
(i) Direct obligations of, or obligations the | | principal of and interest on which are unconditionally guaranteed by, the United States of America;
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(ii) Bonds, debentures or notes or other evidence of
| | indebtedness issued or guaranteed by any of the following agencies: Bank for Cooperatives; Federal Intermediate Credit Banks; Federal Land Banks; Federal Home Loan Banks; the Federal National Mortgage Association; the United States Postal Service; the Government National Mortgage Association; the Federal Financing National Mortgage Association; the Federal Financing Bank; or any other agency or instrumentality of the United States of America now existing or hereafter created;
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(iii) New Housing Authority Bonds issued by public
| | agencies or municipalities and fully secured as to the payment of both principal and interest by a pledge of annual contributions under an Annual Contributions Contract or Contracts with the United States of America, or Project Notes issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by a requisition or payment agreement with the United States of America;
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(iv) Direct and general obligations of, or
| | obligations guaranteed by, the State, to the payment of the principal of and interest on which the full faith and credit of the State is pledged;
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(v) Negotiable or non-negotiable time deposits
| | evidenced by certificates of deposit issued by banks, trust companies or national banking associations (which may include the trustee) which are members of the Federal Deposit Insurance Corporation and savings and loan associations which are members of the Federal Savings and Loan Insurance Corporation, provided that such time deposits in any such bank, trust company, national banking association or savings and loan association are continuously secured by obligations described in clauses (i), (ii), (iii), or (iv) of this definition, provided further that such obligations at all times have a market value at least equal to the maturity value of the deposits so secured, including accrued interest; and
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(vi) Repurchase agreements with banks (which may
| | include the trustee) described in clause (v) of this definition and government bond dealers reporting to, trading with, and recognized as primary dealers by a Federal Reserve Bank, the underlying securities of which are obligations described in clauses (i) or (ii) of this definition, provided that the underlying securities are required to be continuously maintained at a market value not less than the amount so invested;
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(l) "Mayor" means the Mayor of the City;
(m) "Obligations" means bonds and notes of the Authority;
(n) "State" means the State of Illinois.
(Source: P.A. 85-1418; 86-1477.)
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105 ILCS 5/34A-104
(105 ILCS 5/34A-104) (from Ch. 122, par. 34A-104)
Sec. 34A-104.
Establishment of Authority.
For each school district organized
under Article 34 there is established a body both corporate and politic
and a unit of local government to be known as the "(Name of City) School
Finance Authority" which, in such name, shall exercise all authority vested
in such Authority by this Article.
(Source: P.A. 81-1221.)
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105 ILCS 5/34A-201
(105 ILCS 5/34A-201) (from Ch. 122, par. 34A-201)
Sec. 34A-201.
General powers.
The purposes of the Authority shall be to
exercise
financial control over the Board, and to furnish financial assistance so
that the Board can provide public education within the Board's jurisdiction
while permitting the Board to meet its obligations to its creditors and
the holders of its notes and bonds. Except as expressly limited by this
Article, the Authority shall have all powers necessary to meet its
responsibilities
and to carry out its purposes and the purposes of this Article, including,
but not limited to, the following powers:
(a) to sue and be sued;
(b) to provide for its organization and internal management
and, subject to agreements with or for the benefit of holders of its Obligations,
to make rules and regulations governing the use of its property and facilities;
(c) to make and execute contracts, leases, subleases and all other instruments
or agreements necessary or convenient for the exercise of the powers and
functions granted by this Article;
(d) to purchase real or personal property necessary or convenient for its
purposes; to execute and deliver deeds for real property held in its own
name; to mortgage, pledge or otherwise grant security interests in such
properties; and to sell, lease, or otherwise dispose of such of its property
as, in the judgment of the Authority, is no longer necessary for its purposes;
(e) to appoint officers, agents, and employees of the Authority, define
their duties and
qualifications and fix their compensation and employee benefits;
(f) to lend or otherwise transfer to the Board such sums of money as are
not required for other purposes;
(g) to borrow money and to issue Obligations pursuant to this Article,
to fund, refund or advance refund the same, to provide for the rights of
the holders of its Obligations, and to repay any advances;
(h) subject to the provisions of any contract with or for the benefit of
the holders of its Obligations, to purchase or redeem its Obligations or
to purchase the notes, bonds or obligations of the Board or the notes, bonds
or obligations of the City;
(i) to procure insurance against any loss in such amounts and from such
insurers as it deems desirable;
(j) to engage the services of consultants for rendering professional and
technical assistance and advice on matters within the Authority's power;
(k) to contract for and to accept any gifts, grants or loans of funds
or property or financial or other aid in any form from the federal government,
state government, unit of local government, school district or any agency
or instrumentality thereof, or from any other private or public source,
and to comply with the terms and conditions thereof;
(l) as security for the payment of the principal of and interest on its
Obligations and for the performance of any agreements made in connection
therewith, to grant a security interest or lien upon all or any part of
its property or revenues;
(m) to pay the expenses of its operations; and
(n) to do any and all things necessary or convenient to carry out its
purposes
and exercise the powers given to the Authority by this Article.
(Source: P.A. 81-1221 .)
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105 ILCS 5/34A-201.1
(105 ILCS 5/34A-201.1)
Sec. 34A-201.1.
(Repealed).
(Source: P.A. 89-15, eff. 5-30-95. Repealed by P.A. 89-698, eff. 1-14-97.)
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105 ILCS 5/34A-201a
(105 ILCS 5/34A-201a) (from Ch. 122, par. 34A-201a)
Sec. 34A-201a.
(Repealed).
(Source: Repealed by P.A. 88-511.)
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105 ILCS 5/34A-202
(105 ILCS 5/34A-202) (from Ch. 122, par. 34A-202)
Sec. 34A-202.
Deposits and Investments.
(a) The Authority shall have the power to establish checking and whatever
other banking or savings and loan association accounts it may deem appropriate
for conducting its affairs.
(b) Subject to the provisions of any contract with or for the benefit of
the holders of its Obligations, the Authority may invest any funds not required
for immediate use or disbursement, whether pursuant to Section 34A-201 of
this Article or otherwise, only in Investment Obligations.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or hereafter
amended.
(Source: P.A. 83-541.)
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105 ILCS 5/34A-301
(105 ILCS 5/34A-301) (from Ch. 122, par. 34A-301)
Sec. 34A-301.
Board of Directors.
The governing body of the Authority shall
be a board consisting of 5 Directors appointed as follows:
(a) Two Directors appointed by the Governor, with the approval of the Mayor.
(b) Two Directors appointed by the Mayor, with the approval of the Governor.
(c) One Director appointed jointly by the Governor and the Mayor, who
shall serve as Chairman.
(d) The Governor and the Mayor shall certify their respective appointments
and approvals to the Secretary of State.
(Source: P.A. 81-1221.)
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105 ILCS 5/34A-302
(105 ILCS 5/34A-302) (from Ch. 122, par. 34A-302)
Sec. 34A-302.
Terms, vacancies and removal.
Of the initial Directors appointed
by the Governor, with the approval of the Mayor, one each shall be selected
for terms expiring on January 31, 1981 and January 31, 1982. Of the initial
Directors appointed by the Mayor with the approval of the Governor, one
each shall be selected for terms expiring on January 31, 1981 and January
31, 1982. The initial Chairman shall be selected for a term expiring January 31, 1983.
Thereafter, each Director shall hold office for a term of 3 years, and until
his successor has been appointed as provided in Section 34A-301.
Any vacancy which shall arise, shall be filled as provided in Section 34A-301.
Any Director appointed to fill a vacancy shall serve until the expiration
of his predecessor's term, and until his successor has been appointed as
provided in Section 34A-301. A vacancy shall occur upon resignation, death,
conviction of a felony, or removal from office of a Director. Directors
shall be eligible for reappointment. Any Director may be removed for incompetence,
malfeasance or neglect of duty, at the instance of the occupant of the office
entitled to appoint that Director, or in the case of the Chairman
at the instance of the occupant of each office so entitled.
(Source: P.A. 81-1221.)
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105 ILCS 5/34A-303
(105 ILCS 5/34A-303) (from Ch. 122, par. 34A-303)
Sec. 34A-303.
Chairman and other officers.
The Chairman shall preside at
meetings of the Directors.
The Directors may establish such offices and appoint such officers for the
Authority as they may deem appropriate.
(Source: P.A. 81-1221.)
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105 ILCS 5/34A-304
(105 ILCS 5/34A-304) (from Ch. 122, par. 34A-304)
Sec. 34A-304.
Assistance by state agencies, units of local government or
school districts. The Board shall render such services to, and permit the
use of its facilities and resources by, the Authority at no charge as may
be requested by the Authority. Any state agency, unit of local government,
or school district may, within its respective function, render such
services to the Authority as may be requested by the Authority. Upon
request of the Authority any such agency, unit of local government or
school district is hereby authorized and empowered to transfer to the
Authority such officers and employees as the Authority may deem necessary
in carrying out its functions and duties. Officers and employees so
transferred shall not lose or forfeit their employment status or rights.
(Source: P.A. 85-1418; 86-1477.)
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105 ILCS 5/34A-305
(105 ILCS 5/34A-305) (from Ch. 122, par. 34A-305)
Sec. 34A-305.
Compensation.
The Directors shall serve without compensation,
but each Director shall be entitled to reimbursement for actual and necessary
expenses incurred in the performance of official duties as a Director.
(Source: P.A. 81-1221.)
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105 ILCS 5/34A-306
(105 ILCS 5/34A-306) (from Ch. 122, par. 34A-306)
Sec. 34A-306.
Meetings and records.
(a) The Governor shall call the first meeting of the Authority.
Thereafter, the Directors shall prescribe the times and places for their
meetings and the manner in which regular and special meetings may be
called. The Directors shall comply in all respects with "An Act in relation
to meetings", approved July 11, 1957, as now or hereafter amended. The
Authority shall be an Agency to which the Local Records Act, as amended,
applies.
(b) A majority of the Directors holding office shall constitute a quorum
for the conduct of business. The affirmative votes of at least 3 Directors
shall be necessary for adopting any rule or regulation, and for any other
action required by this Article to be taken by resolution, directive or
ordinance.
(c) The Authority and the State Superintendent of Education shall
cooperate with each other in the exercise of their respective powers under
The School Code. There shall be at least one annual meeting between the
Authority and the State Superintendent of Education in order to facilitate
cooperation and communication.
(Source: P.A. 85-1418; 86-1477.)
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105 ILCS 5/34A-401
(105 ILCS 5/34A-401) (from Ch. 122, par. 34A-401)
Sec. 34A-401.
Approval of Financial Plan and Budget.
In carrying out the
purposes of this Article and pursuant to Sections 34A-402 through 34A-411,
as hereinafter provided, the Authority shall have the power to approve or
to reject the Financial
Plans, Budgets and contracts of the Board; provided, however, that the
Authority shall have no power to impair any existing contract or obligation of the
Board; and provided further, that with respect to any multi-year
employment contract or collective bargaining agreement authorized or
entered into pursuant to Section 34-49 or the Illinois Educational Labor
Relations Act, as now or hereafter amended, the Authority's power to
approve or reject the same shall be limited to the first year of such
contract or agreement as provided in Section 34A-405. Except as provided
in Section 34A-403 with regard to revenue estimates,
the Authority shall have no power to amend or reject in part any Financial
Plan, Budget or contract presented to the Authority for its approval.
(Source: P.A. 84-1057.)
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105 ILCS 5/34A-401.1
(105 ILCS 5/34A-401.1) (from Ch. 122, par. 34A-401.1)
Sec. 34A-401.1.
Limitation.
Notwithstanding the provisions of any
other law to the contrary, the Authority shall have no power to reject the
Financial Plans, Budgets and Contracts of the Board for the failure of the
Board to keep reserves in excess of $5,000,000.
(Source: P.A. 83-1130.)
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105 ILCS 5/34A-402
(105 ILCS 5/34A-402) (from Ch. 122, par. 34A-402)
Sec. 34A-402.
Balanced budget.
The Board's budget for its fiscal year
ending in 1982 and for each subsequent fiscal year shall be balanced in
accordance with an accounting system and procedure to be prescribed by the
Authority, with substantial progress toward balancing the budget to be
achieved in each of the preceding fiscal years; provided, however, that (1)
for the fiscal year of the Board ending in
1992, the aggregate amount of
the reserved fund balances required to be maintained by the Board
under its
budget for that fiscal year as last balanced by the Board and approved by
the Authority prior to the effective date of this amendatory Act of 1992 in
accordance with the accounting system and procedure prescribed by the
Authority is hereby reduced by $13,266,200, (2) the $13,266,200 released
from reserved fund balance requirements in fiscal year 1992 by this
amendatory Act of 1992 shall be available to the Board for appropriation by
it for any lawful school purpose during its fiscal year ending in 1992, and
(3) the Authority shall not require the $13,266,200 released from reserved
fund balance requirements in fiscal year 1992 by this amendatory Act of
1992 to be restored by the Board under any regular, supplemental or amended
budget adopted for any fiscal year ending in 1992 or thereafter.
For the fiscal year of the Board ending in 1994, the aggregate amount of
the reserved fund balances required to be maintained by the Board under its
budget for that fiscal year in accordance with the accounting system and
procedure prescribed by the Authority as of the effective date of this
amendatory Act of 1993 is hereby reduced by $22,000,000. The $22,000,000
released from reserved fund balance requirements in fiscal year 1994 by this
amendatory Act of 1993 shall be available to the Board for appropriation by it
for any lawful school purpose during its fiscal year ending in 1994. The
Authority shall not require the $22,000,000 released from reserved fund balance
requirements in fiscal year 1994 by this amendatory Act of 1993 to be restored
by the Board under any regular, supplemental or amended budget adopted for any
fiscal year ending in 1994 or thereafter. This reduction in the required
reserved fund balance is in addition to the reduction made by Public Act
87-838.
For the fiscal year of the Board ending in 1994, the aggregate amount of
the reserved fund balances required to be maintained by the Board under its
budget for that fiscal year in accordance with the accounting system and
procedure prescribed by the Authority as of the effective date of this
amendatory Act of 1993 is hereby reduced to $100,000,000. The reserved fund
balances required to be maintained in each subsequent fiscal year shall not
exceed $100,000,000.
(Source: P.A. 87-838; 88-89; 88-511.)
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105 ILCS 5/34A-403
(105 ILCS 5/34A-403) (from Ch. 122, par. 34A-403)
Sec. 34A-403.
Financial Plans.
The Board shall develop, adopt and submit
to the Authority on or before March 1, 1980, for approval by the Authority,
an initial Financial Plan with respect to the remaining portion of the
Fiscal Year ending in 1980 and for the two succeeding Fiscal Years. The
Board shall develop and adopt subsequent Financial Plans in accordance with
this Section. Beginning with the Fiscal
Year beginning in 1993, and every second year thereafter, the Board shall adopt
a Financial Plan covering a period of 2 fiscal years. After adoption by
the Board, the Board shall submit each plan to the Authority for its approval
not later than 30 days prior to the commencement of the first Fiscal
Year to
which the Financial Plan relates, except that the Financial Plan to be
developed for the Fiscal Years beginning in 1993 and 1994 shall be submitted to
the Authority within 90 days of the effective date of this amendatory Act of
1993.
The Authority shall approve or reject the Financial Plan within 15
days of its
receipt of the Financial Plan from the Board. No Financial Plan shall have
force or effect without approval of the Authority. Each Financial Plan shall
be developed, submitted, approved and monitored in accordance with the
following procedures:
(a) The Board shall determine and submit to the Authority, at a time and
in a manner prescribed by the Authority, estimates of revenues available
to the Board during the period for which the Financial Plan is to be in
effect. The Authority shall approve, reject or amend the revenue estimates.
In the event the Board fails, for any reason, to submit to the Authority
estimates of revenue as required by this paragraph, the Authority may prepare
such estimates. The Financial Plan submitted by the Board shall be based
upon revenue estimates approved or prepared by the Authority.
As soon as practicable following the establishment of the Authority, the
President of the Board shall, at the request of the Chairman of the Authority,
make available to the Chairman of the Authority copies of the audited financial
statements and of the books and records of account of the Board for the
preceding 5 fiscal years of the Board.
(b) Each Financial Plan for each Fiscal Year or part thereof to which
it relates, shall contain (i) a description of revenues and expenditures,
provision for debt service, cash resources and uses, and capital improvements,
each in such manner and detail as the Authority shall prescribe, (ii) a
description of the means by which the Budget will be brought into balance
in accordance with Section 34A-402 of this Article,
and (iii) such other matters that the Authority, in its discretion, requires.
The initial Financial Plan shall also include a description of the means
by which any outstanding short-term indebtedness shall be paid or refunded
by the Board. The Authority may prescribe any reasonable time, standards,
procedures or forms consistent with this Section for preparation and
submission of the Financial Plan.
(c) The Authority shall approve the initial and each subsequent Financial
Plan if, in its
judgment, the plan is complete, is reasonably capable of being achieved,
and meets the requirement set forth in Section 34A-402 of this Article.
Otherwise, the Authority shall reject the Financial
Plan. In the event of rejection, the Authority may prescribe a procedure
and standards for revision of the Financial Plan by the Board.
(d) The Board shall report to the Authority, at such times and in such
manner as the Authority may direct, concerning the Board's compliance with
each Financial Plan. The Authority may review the Board's operations, obtain
budgetary data and financial statements, require the Board to produce reports,
and have access to any other information in the possession of the Board
that it deems relevant. The Authority may issue recommendations or directives
within its powers to the Board to assure compliance with the Financial Plan.
The Board shall produce such budgetary data, financial statements, reports
and other information and comply with such directives.
(e) After approval of each Financial Plan, the Board shall regularly
reexamine the revenue and expenditure estimates on which it was based and
revise them as necessary. The Board shall promptly notify the Authority of any
material change in the revenue or expenditure estimates in the Financial Plan.
The Board may submit to the Authority, or the Authority may require the Board
to submit, modified Financial Plans based upon revised revenue or expenditure
estimates or for any other good reason. The Authority shall approve or reject
each modified Financial Plan pursuant to paragraph (c) of this Section.
(Source: P.A. 88-511.)
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105 ILCS 5/34A-403.1
(105 ILCS 5/34A-403.1)
Sec. 34A-403.1.
Fiscal year 1994 contracts.
Notwithstanding any provision
of this Article to the contrary, the failure of a Board to have a Financial
Plan approved by the School Finance Authority within 90 days after the
effective date of this amendatory Act of 1993 shall not impair the Board's
power to enter into any contract or other obligation or the Authority's powers
and responsibilities under Sections 34A-404, 34A-405, and
34A-405.2 or in any other way affect the operations of the Board.
(Source: P.A. 92-651, eff. 7-11-02.)
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105 ILCS 5/34A-404
(105 ILCS 5/34A-404) (from Ch. 122, par. 34A-404)
Sec. 34A-404. Budgets. The Board shall develop and adopt and submit to
the Authority on or before February 1, 1980, for approval by the Authority,
a revised Budget for the remaining portion of the Fiscal Year ending in 1980
and, thereafter, an annual Budget for each Fiscal Year. After adoption
by the Board, the Board shall submit each Budget to the Authority for its
approval not later than 30 days prior to the commencement of the
Fiscal
Year to which the Budget relates. The Authority shall approve or reject
the Budget within 15 days of its receipt from the Board. No Budget
shall
have force or effect without approval of the Authority. Each Budget shall
be developed, submitted, approved and monitored in accordance with
the following procedures:
(a) Each Budget submitted by the Board shall be based | | upon revenue estimates approved or prepared by the Authority, as provided in paragraph (a) of Section 34A-403 of this Article.
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(b) Each Budget shall contain such information and
| | detail as may be prescribed by the Authority. The Authority may also prescribe any reasonable time, standards, procedures or forms for preparation and submission of the Budget. Any deficit for the Fiscal Year ending in 1981 and for any Fiscal Year thereafter shall be included as a current expense item for the succeeding Fiscal Year.
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(c)(1) The Authority shall approve each Budget if, in
| | its judgment, the Budget is complete, is reasonably capable of being achieved, will meet the requirement set forth in Section 34A-402 of this Article, and will be consistent with the Financial Plan in effect. Otherwise, the Authority shall reject the Budget. In the event of rejection, the Authority may prescribe a procedure and standards for revision of the Budget by the Board.
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(2) For any Fiscal Year, the Authority may approve a
| | provisional budget that, in its judgment, will satisfy the standards of subdivision (c)(1) of this Section if, notwithstanding the provisions of the Illinois Educational Labor Relations Act or any other law to the contrary, the amount appropriated therein for all spending for operations shall not at any time, on an annualized basis, exceed an Expenditure Limitation established by the Authority. The Authority may establish and enforce, including by exercise of its powers under Section 34A-409(b), such monitoring and control measures as it deems necessary to assure that the commitments, obligations, expenditures, and cash disbursements of the Board continue to conform on an ongoing basis with any Expenditure Limitation. No commitment, contract, or other obligation of the Board in excess of the Expenditure Limitation shall be legally binding, and any member of the Board or any local school council, or officer, employee or agent thereof, who violates the provisions of this Section shall be subject to the provisions of Sections 34-52 and 34A-608. An Expenditure Limitation established by the Authority shall remain in effect for that Fiscal Year or until revoked by the Authority.
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(d) The Board shall report to the Authority at such
| | times and in such manner as the Authority may direct, concerning the Board's compliance with each Budget. The Authority may review the Board's operations, obtain budgetary data and financial statements, require the Board to produce reports, and have access to any other information in the possession of the Board that the Authority deems relevant. The Authority may issue recommendations or directives within its powers to the Board to assure compliance with the Budget. The Board shall produce such budgetary data, financial statements, reports and other information and comply with such directives.
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(e) After approval of each Budget, the Board shall
| | promptly notify the Authority of any material change in the revenue or expenditure estimates in the Budget. The Board may submit to the Authority, or the Authority may require the Board to submit, a supplemental Budget. The Authority shall approve or reject each supplemental Budget pursuant to paragraph (c) of this Section.
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(Source: P.A. 100-201, eff. 8-18-17.)
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105 ILCS 5/34A-405
(105 ILCS 5/34A-405) (from Ch. 122, par. 34A-405)
Sec. 34A-405.
Contracts.
(a) No contract or other obligation shall be
entered into by the Board unless it is consistent with the Financial Plan
and Budget in effect. No
multi-year employment contract or collective bargaining agreement
authorized or entered into pursuant to Section 34-49 or the Illinois
Educational Labor Relations Act, as now or hereafter amended, shall, with
respect to any terms and provisions thereof which are operative after
expiration of the first year of any such contract or agreement, be deemed
inconsistent with any Financial Plan and Budget at any time in effect;
provided, however, that any
terms and provisions of a contract or agreement which would increase
expenditures for salaries, benefits or other forms of compensation after
the expiration of the first year of such contract or agreement shall be
contingent upon the attainment of sufficient available revenues,
considering all necessary expenditures, to support such increases.
(b) The Authority may adopt, and from time to time amend, regulations
identifying categories and types of contracts and other obligations that
shall be subject to approval by the Authority and the procedure for submitting
contracts for approval. Each contract or other obligation that is entered
into by the Board and requires approval by the Authority shall contain a
provision stating that it shall not become legally binding on the Board
unless and until it has received the approval of the Authority. No contract
or other obligation that requires the approval of the Authority shall be
legally binding on the Board unless and until it has received such approval.
The Authority shall not, either by regulation or in practice, withhold
approval of any multi-year employment contract or collective bargaining
agreement authorized or entered into pursuant to Section 34-49 or the Illinois
Educational Labor Relations Act, as now or hereafter amended, if, in the
judgment of the Authority, the terms and provisions operative during the
first year of such contract or agreement are consistent with the Budget and
Financial Plan in effect for that period; provided, however, that any terms
and provisions of a contract or
agreement which would increase
expenditures for salaries, benefits or other forms of compensation after
the expiration of the first year of such contract or agreement shall be
contingent upon the attainment of sufficient available revenues,
considering all necessary expenditures, to support such increases.
(c) The Board shall submit to the Authority a copy of any contract or
other obligation for which the approval of the Authority is required, along
with a cost analysis and such other information as the Authority may require.
The Authority may prescribe any reasonable time, standards, procedures or
forms for submission of the contract or other obligation.
(d) The Authority shall approve the contract or obligation if, in its
judgment, the information required to be submitted is complete and the contract
or other obligation is consistent with the Budget and Financial Plan in
effect. Otherwise, the Authority shall reject the contract or other
obligation; provided, however, that any multi-year employment contract or
collective bargaining agreement authorized or entered into pursuant to
Section 34-49 or the Illinois Educational Labor Relations Act, as now or
hereafter amended, shall be approved by the Authority if in its judgment
the terms and provisions operative during the first year of such contract
or agreement are consistent with the Budget and Financial Plan in effect
for that period; provided, however, that any
terms and provisions of a contract or agreement which would increase
expenditures for salaries, benefits or other forms of compensation after
the expiration of the first year of such contract or agreement shall be
contingent upon the attainment of sufficient available revenues,
considering all necessary expenditures, to support such increases.
Contracts or other obligations not rejected within 30 days after submission
to the Authority shall be considered approved, provided, however, that the
Authority shall have an additional 30 days to approve or reject the contract
or other obligation if it so advises the Board within the initial 30 day
period.
(Source: P.A. 84-1057.)
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105 ILCS 5/34A-405.1
(105 ILCS 5/34A-405.1)
Sec. 34A-405.1.
Interim operations.
Notwithstanding any other provision
of law to the contrary, for the period September 1 through September 12, 1993,
the following provisions apply:
(1) The Board of Education shall not be subject to | | the provisions of Section 34A-406.
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(2) Neither the Board, the general superintendent,
| | nor any other officer or employee of the Board, nor any local school council, may hire any person as an employee or officer of the Board in any position.
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(3) The Board of Education shall not be subject to
| | the provisions of Section 14 of the Illinois Educational Labor Relations Act for any actions taken under item (2) of this Section.
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(4) The Board shall adopt an interim appropriation
| | authorizing the expenditure of funds consistent with the provisions of this Section.
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(Source: P.A. 88-473.)
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105 ILCS 5/34A-405.2
(105 ILCS 5/34A-405.2)
Sec. 34A-405.2.
Staffing levels.
(a) No hiring or appointment of any person in any position by the Board, the
general superintendent, any other officer or employee of the Board, or any
local school council shall be made or entered into unless it is consistent with
the Financial Plan and Budget in effect and the staffing plan approved by the
Authority under this Section. The hiring or appointment of any person shall
not be binding on the Board unless and until it is in compliance with this
Section.
(b) The Board shall submit to the Authority for approval by the Authority a
staffing plan for the upcoming school year at the same time as the submission
of the Budget, except that the staffing plan for the fiscal
year ending in 1994 shall be submitted to the Authority within 90 days after
the effective date of this amendatory Act of 1993. The staffing plan shall be
accompanied by a
cost analysis and such other information as the Authority may require. The
Authority may adopt, and from time to time amend, regulations to implement this
Section and may prescribe standards, procedures, and forms for submission of
the staffing plan.
(c) The Authority shall approve the staffing plan if, in its judgment, the
information required to be submitted is complete and the staffing plan is
consistent with the Budget and Financial Plan in effect. Otherwise, the
Authority shall reject the staffing plan; in the event of rejection, the
Authority shall prescribe a procedure and standards for revision of the
staffing plan. The Authority shall act on the staffing plan at the same
time as the approval of the Budget, except that the staffing plan for the
fiscal year ending in 1994 shall be acted upon at the same time as approval of
the Financial Plan for that fiscal year.
(d) The Board shall report to the Authority, at such times and in such
manner as the Authority may direct, concerning the Board's compliance with each
staffing plan. The Authority may review the Board's operations, obtaining
budgetary data and financial statements, may require the Board to produce
reports, and shall have access to any other information in the possession of
the Board that it deems relevant. The Authority may issue recommendations or
directives within its powers to the Board to assure compliance with the
staffing plan. The Board shall produce such budgetary data, financial
statements, reports, and other information and shall comply with such
directives.
(e) After approval of each staffing plan, the Board shall regularly
reexamine the estimates on which it was based and revise them as necessary. The
Board shall promptly notify the Authority of any material change in the
estimates in the staffing plan. The Board may submit to the Authority, or the
Authority may require the Board to submit, modifications to the staffing plan
based upon revised revenue or expenditure estimates or for any other good
reason. The Authority shall approve or reject each modified staffing plan
pursuant to subsection (c) of this Section.
(Source: P.A. 88-511.)
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105 ILCS 5/34A-406
(105 ILCS 5/34A-406) (from Ch. 122, par. 34A-406)
Sec. 34A-406.
Expenditures.
The Board shall meet its debt service obligations as they become due. No
other expenditure shall be made by the Board unless it is consistent with
the Financial Plan and Budget or a provisional budget provided for in Section
34A-404(c)(2), in each case as in effect.
(Source: P.A. 88-511.)
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105 ILCS 5/34A-406.1
(105 ILCS 5/34A-406.1) (from Ch. 122, par. 34A-406.1)
Sec. 34A-406.1.
During the 1984-85 school year only, the number of education
fund positions for both teacher-certificated and career service personnel
employed by the Chicago Board of Education shall not exceed the previous
year's budgeted positions, as certified by the Chicago School Finance Authority.
(Source: P.A. 83-1131.)
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105 ILCS 5/34A-406.2
(105 ILCS 5/34A-406.2)
Sec. 34A-406.2.
Interim Operations for Fiscal Year 1994 Pending Budget
Adoption and Approval. Notwithstanding any other provision of law to the
contrary, for the fiscal year of the Board ending in 1994 only, during the
period of 30 days after the effective date of this amendatory Act of 1993, the
Board of Education is not subject to Sec. 34A-406 and shall adopt an interim
appropriation authorizing the expenditure of funds consistent with the
provisions of this Section and of this amendatory Act of 1993. If the Board
fails to timely meet and satisfy items (1) through (3) of this Section, no
funds may be spent or disbursed and no obligations, commitments, or liabilities
incurred for any part of the 30-day period after the failure occurs.
(1) Notwithstanding any provision of Section 34-46 to | | the contrary, within 10 days after the effective date of this amendatory Act of 1993, the Board shall prepare in tentative form a Budget for the fiscal year ending in 1994 and shall make at least 5 copies available for public inspection in the office of the Secretary of the Board and file 5 copies with the Authority.
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(2) Notwithstanding any provision of Section 34-46 to
| | the contrary, not less than 2 days before its final action on the Budget, the Board shall have a public hearing on the filed tentative Fiscal Year 1994 Budget. Public notice of the hearing shall be given once at least 2 days before the hearing by publication in a newspaper having general circulation in the City.
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(3) Notwithstanding any provision of Section 34-43,
| | 34-46, or 34A-404 to the contrary, within 15 days after the effective date of this amendatory Act of 1993, the Board shall adopt and submit to the Authority for approval or rejection the Budget for the fiscal year of the Board ending in 1994. The Authority shall approve or reject that Budget in accordance with Section 34A-404 within 15 days of its receipt from the Board but not more than 30 days after the effective date of this amendatory Act of 1993. This item (3) does not apply to any revision, amendment, or supplement to the Budget for the fiscal year of the Board ending in 1994 if the revision, amendment, or supplement is adopted by the Board more than 30 days after, or is received by the Authority more than 20 days after, the effective date of this amendatory Act of 1993.
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(Source: P.A. 88-511.)
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105 ILCS 5/34A-407
(105 ILCS 5/34A-407) (from Ch. 122, par. 34A-407)
Sec. 34A-407.
Approval of chief financial officer.
The Board shall appoint a chief financial officer subject to the approval
of the Authority. Either the Authority or the Board shall have the power
to remove the chief financial officer. The chief financial officer shall
have the responsibility for preparing and supervising the Budget and Financial
Plan of the Board and overseeing expenditures of the Board. The chief financial
officer shall report to the Board. The chief financial officer may
be granted the authority by the Board to hire a specific number of employees
to assist in meeting immediate responsibilities. Conditions of employment
for such personnel shall not be subject to the provisions of Section 34-85.
(Source: P.A. 82-485.)
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105 ILCS 5/34A-408
(105 ILCS 5/34A-408) (from Ch. 122, par. 34A-408)
Sec. 34A-408.
Financial and managerial audits.
(a) The Authority may examine the business records and audit the
accounts of the Board or require that the Board examine its business records
and audit its accounts at such time and in such manner as the Authority may
prescribe. The Board shall appoint a certified public accountant annually,
approved by the Authority, to audit its financial statements.
(b) The Authority shall initiate and direct financial and managerial
assessments and similar analyses of the operations of the
Chicago Board of Education, as may be required by this Section or as may, in
the judgment of the Authority, assure sound and efficient financial management
of the Board.
(c) On or before April 1, 1994, the Authority shall assure completion of
assessments and analyses that:
(1) Provide for a review of the managerial and | | financial efficiencies and improvements that can be achieved in the operation of the special education programs of the Board.
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(2) Analyze the potential cost savings and
| | efficiencies that the Board can achieve through the consolidation of attendance centers and the operations of buildings.
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Upon the completion of these required assessments, the Authority shall make
recommendations to the Board regarding improvements and changes that derive
from these assessments, which the Board should implement.
In conjunction with its budgetary submission to the Authority for the fiscal
year that ends in 1995, the Board shall demonstrate to the
satisfaction of the Authority that the recommendations requested by the
Authority have been implemented in whole or in part or, in the alternative, are
not capable of being implemented. In consideration of whether to approve or
reject the budget for the fiscal year that ends in 1995, the Authority shall
adjudge whether the Board has fully considered and responsibly proposed
implementation of the Authority's recommendations.
(d) On or before April 1, 1995, the Authority shall adopt and submit a
report to the General Assembly, the Governor, and the Chicago Board of
Education that reflects a comprehensive assessment of the financial status of
the Chicago Board of Education. The report shall include an expenditure
analysis of all special education
programs provided by the Board, which shall include the number of programs
available and student participation, the dollar amount spent on each program,
the program location, the availability of transportation for students
participating in the programs, and related expenditure recommendations.
In addition, the
report shall also include a review of all attendance centers for efficiency
purposes, which shall include the total number of attendance centers in use,
their capacities, and the number of students currently enrolled in the
attendance centers, and the attendance center long range capital needs (repair
and maintenance) based upon current and estimated future enrollments. A study
shall also be included on teacher/student ratios.
(e) The Authority shall initiate and direct a management audit of
the Board at least once every 2 years. The audit shall review the personnel,
organization, contracts, leases, and physical properties of the Board to
determine whether the Board is managing and utilizing its resources in an
economical and efficient manner. The audit shall determine the causes of any
inefficiencies or uneconomical practices, including inadequacies in internal
and administrative procedures, organizational structure, uses of resources,
utilization of real property, allocation of personnel, purchasing policies, and
equipment.
(Source: P.A. 88-511.)
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105 ILCS 5/34A-409
(105 ILCS 5/34A-409) (from Ch. 122, par. 34A-409)
Sec. 34A-409.
Cash accounts and bank accounts.
(a) The Authority shall require the Board or any officer of the Board, including
the Board's treasurer or any person acting as the Board's official or ex
officio treasurer, to establish and maintain separate cash accounts and
separate bank accounts in accordance with such rules, standards and procedures
as the Authority may prescribe.
(b) The Authority shall have the power to assume exclusive administration
of the cash accounts and bank accounts of the Board, to establish and maintain
whatever new cash accounts and bank accounts it may deem appropriate, and
to withdraw funds from such accounts for the lawful expenditures of the Board.
(Source: P.A. 81-1221.)
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105 ILCS 5/34A-410
(105 ILCS 5/34A-410) (from Ch. 122, par. 34A-410)
Sec. 34A-410.
Financial, management and budgetary structure.
Upon direction of the Authority, the Board shall reorganize the financial
accounts, management and Budgetary systems of the Board in whatever manner
the Authority deems appropriate to achieve greater financial responsibility
and to reduce financial inefficiency.
Except as provided in Sections 34A-501 through 34A-512 of this Act, the
Authority shall not have the power to affect the taxing authority or to
consolidate or reduce the
restricted debt service funds of the Board.
(Source: P.A. 81-1221.)
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105 ILCS 5/34A-411
(105 ILCS 5/34A-411) (from Ch. 122, par. 34A-411)
Sec. 34A-411.
Termination and reinstatement of Authority's power under this
Article.
(a) The powers and responsibilities granted to or imposed upon the Authority
and the Board under Sections 34A-401 through 34A-410 of this Article shall
not be exercised after the Authority has certified to the Governor and the
Mayor that the Board has completed 6 successive Fiscal Years of balanced
Budgets pursuant to the accounting and other principles prescribed by the
Authority. Notwithstanding the foregoing sentence, Sections 34A-402, 34A-404,
34A-405, and 34A-408 shall continue in full force and effect after such
certification of the completion of 6 successive Fiscal Years of balanced
Budgets.
(b) Upon determination by the Authority and certification of the Authority
to the Governor and the Mayor that the Board has failed to adopt a balanced
Budget by August 15th immediately preceding the commencement of each Fiscal
Year or failed to achieve a balanced Budget for two successive Fiscal Years,
subsequent to a time in which the powers and responsibilities of the Authority
and the Board are not exercised pursuant
to paragraph (a) of this Section, the Authority and Board shall resume the
exercise of their respective powers and responsibilities pursuant to each
Section of this Article.
(c) Notwithstanding the provisions of subsections (a) and (b) of this
Section or any other provision of law to the contrary, the powers and
responsibilities granted to or imposed upon the Authority and the Board under
Sections 34A-401 through 34A-410 and Section 34A-606 are suspended until
December 31, 2010.
(Source: P.A. 93-488, eff. 8-8-03.)
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105 ILCS 5/34A-412
(105 ILCS 5/34A-412) (from Ch. 122, par. 34A-412)
Sec. 34A-412.
(Repealed).
(Source: Repealed by P.A. 88-511.)
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105 ILCS 5/34A-413
(105 ILCS 5/34A-413) (from Ch. 122, par. 34A-413)
Sec. 34A-413.
(Repealed).
(Source: Repealed by P.A. 88-511.)
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105 ILCS 5/34A-414
(105 ILCS 5/34A-414) (from Ch. 122, par. 34A-414)
Sec. 34A-414.
(Repealed).
(Source: Repealed by P.A. 88-511.)
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105 ILCS 5/34A-415
(105 ILCS 5/34A-415) (from Ch. 122, par. 34A-415)
Sec. 34A-415.
(Repealed).
(Source: Repealed by P.A. 88-511.)
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105 ILCS 5/34A-501
(105 ILCS 5/34A-501) (from Ch. 122, par. 34A-501)
Sec. 34A-501.
Power to issue Bonds.
(a) The Authority may incur
indebtedness by the issuance of its negotiable full faith and credit
general obligation bonds (the "Bonds") in an amount not to exceed at any
time the sum of $695,000,000 (excluding Bonds to be issued to refund
outstanding Bonds) for the purpose of providing the Board with moneys
for ordinary and necessary expenditures for educational purposes,
maintenance of school facilities, and other operational needs of the
Board; payment of outstanding debt obligations of the Board and of the
City, the proceeds of which were used to provide financing for the
Board; providing or increasing a working cash fund as provided by paragraph
(d) of this Section 34A-501; providing the Board with moneys for school
construction and rehabilitation purposes as provided by paragraph (e) of
this Section; payment of fees for arrangements as provided by paragraph (c)
of Section 34A-502; payment of interest on Bonds; establishment of reserves to
secure Bonds; the payment of costs of issuance of Bonds; payment of principal
of or interest or redemption premium on any Bonds or notes of the Authority;
and all other expenditures of the Authority incidental to and necessary or
convenient for carrying out its corporate purposes and powers, and in an
additional amount not to exceed at any time the sum of $427,000,000 (excluding
Bonds to be issued to refund outstanding Bonds) for the purpose of providing
the Board with moneys for ordinary and necessary expenditures for educational
purposes, maintenance of school facilities, and other operational needs of the
Board; payment of fees for arrangements as provided by paragraph (c) of Section
34A-502; payment in connection with agreements or contracts entered into as
provided for in Section 7 of the Bond Authorization Act; payment of interest on
Bonds; establishment of reserves to secure
Bonds; the payment of costs of issuance of Bonds; payment of principal of or
interest or redemption premium on any Bonds or notes of the Authority; and all
other expenditures of the Authority incidental to and necessary or convenient
for carrying out its corporate purposes and powers. No more than $40,000,000
of proceeds of Bonds of the Authority shall be deposited in a working cash fund
as provided by paragraph (d) of this Section 34A-501. No more than $95,000,000
of proceeds of Bonds of the Authority shall be provided to the Board for school
construction and rehabilitation purposes; provided that not less than
$32,000,000 nor more than $37,000,000 of such proceeds shall be used by the
Board for constructing new school buildings or providing additions
to school buildings.
(b) The Authority may from time to time (i) issue Bonds to refund
any outstanding Bonds or notes of the Authority whether the Bonds or
notes to be refunded have or have not matured or become redeemable and (ii)
issue Bonds partly to refund Bonds or notes then outstanding and partly for
any other purpose hereinabove set forth.
(c) Bonds issued in accordance with paragraph (a) of this Section
may be issued in excess of any statutory limitation as
to debt, and may be issued without referendum.
(d) The Authority may create a working cash fund to provide working
cash for the Board. Amounts in the working cash fund shall be used by the
Authority to make loans from time to time to the Board to enable the Board
to cover anticipated cash flow deficiencies which it may experience within
the fiscal year of the Board in which the loan is made, all as and to the
extent determined by the Authority. The loans shall be made in such amounts
and upon such terms as the Board and the Authority shall agree. The Authority
shall not under any circumstance be obligated to make any such loan. No
interest need be charged on any such loan. The Board may pledge and assign
to the repayment of such loans and may apply to that repayment any particular
receipts of the Board which have not been pledged to the payment of any of
the Board's bonds, notes, tax anticipation warrants or state aid anticipation
certificates. Each loan shall be required to be repaid in full by the Board
within the fiscal year of the Board in which the loan was made and, in any
event, within 11 months from the date on which it was made. Interest and
other investment earnings on the working cash fund shall be deposited in
and shall be part of that fund. Whenever the Authority shall determine
that all or part of the working cash fund is no longer needed for making
loans to the Board as provided in this paragraph, the Authority shall reduce
the amount of the fund so that the amount in the fund does not exceed the
amount which the Authority determines is necessary for use for making future
loans to the Board as provided in this paragraph. Upon any such reduction
in the amount of the working cash fund and upon
its abolition, all amounts in excess of the amounts to remain in the fund
shall be deposited in the debt service fund established by the Authority
for the Bonds for use for paying principal of Bonds at their maturity or
on earlier redemption dates, redemption premium and any interest accruing
on those Bonds, all as the Authority shall determine and direct.
(e) For purposes of this Section, "school construction and
rehabilitation purposes" means constructing new school buildings and
rehabilitating and accomplishing the deferred maintenance existing as of
August 31, 1984, of school buildings, including, without limitation,
repairing, modernizing, providing additions to and facilities in, altering
and reconstructing school buildings and equipment.
Any interest or other investment earnings on proceeds of Bonds issued for
the purpose of providing the Board with moneys for school construction and
rehabilitation purposes shall be applied as provided in the resolution
authorizing such Bonds, which resolution shall require those earnings to
be used for the same purpose as the proceeds of those Bonds or for the
payment of principal of or interest or redemption premium on any Bonds,
either at maturity or an earlier redemption date. Application by the
Authority of any proceeds of Bonds issued for the purpose of providing the
Board with moneys for school construction and rehabilitation purposes,
or interest or other investment earnings thereon, shall be in the sole
judgment and discretion of the Authority, but no such moneys shall be so
provided unless the Authority shall have found and determined, in its sole
judgment and discretion, that such moneys are to be used for those purposes
and not for providing the Board with moneys for its ordinary and necessary
expenditures for educational purposes, maintenance of school facilities or
other operational needs. The Authority may, in making its findings and
determinations, rely upon information provided by or on behalf of the Board.
The Authority may from time to time make and amend regulations and issue
directives with respect to the use and application of such moneys.
The Authority may, at any time, in its sole judgment and discretion,
deposit unexpended proceeds of Bonds issued for the purpose of providing
the Board with moneys for school construction and rehabilitation purposes
or interest or other investment earnings thereon solely in a debt service
fund for any Bonds and shall apply such moneys to the payment of principal
of or interest or redemption premium on Bonds, at maturity or an earlier
redemption date. In the resolution authorizing Bonds, the
Authority may make commitments or covenants to holders of Bonds with
respect to such use of such unexpended proceeds and interest or other
investment earnings.
(Source: P.A. 88-511.)
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105 ILCS 5/34A-501.1
(105 ILCS 5/34A-501.1)
Sec. 34A-501.1.
Additional bond authority.
Subject to the limitation
in additional amount authorized by this amendatory Act of 1993 in Section
34A-501, the Authority shall incur indebtedness by the issuance of its Bonds on
or after July 1, 1993 in principal amounts sufficient to provide the Board from
the proceeds of the Bonds the sum of $175,000,000 during the
Fiscal Year
beginning in 1993, and the sum of $203,000,000 during the Fiscal Year
beginning
in 1994, in each year for ordinary and necessary expenditures for educational
purposes, maintenance of school facilities, and other operational needs of the
Board. All sums provided to the Board from proceeds of Bonds issued on or
after July 1, 1993 shall be treated
as revenues of the Board in that fiscal year for all purposes.
(Source: P.A. 88-511.)
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105 ILCS 5/34A-502
(105 ILCS 5/34A-502) (from Ch. 122, par. 34A-502)
Sec. 34A-502.
Terms of Bonds.
(a) Whenever the Authority desires or is required to issue
Bonds as provided in this Article, it shall adopt a
resolution designating the
amount of the Bonds to be issued, the purposes for which the proceeds of
the Bonds are to be used and the manner in which such proceeds shall be
held pending the application thereof. The Bonds shall be issued in the
corporate name of the Authority, shall bear such date or dates, and shall
mature at such time or times not exceeding 30 years from their date as such
resolution may provide; provided, however, that Bonds issued on or after July
1, 1993 shall mature on or before June 1, 2009. The Bonds may be issued as
serial bonds payable
in installments or as term bonds with sinking fund installments or
as a combination thereof as the Authority may determine in such resolution.
The Bonds shall be in such denominations of $1,000 or integral multiples
thereof. The Bonds shall be in such form, either coupon or registered,
carry such registration privileges, be executed in such manner, be payable
at such place or places and be subject to such terms of redemption at such
redemption prices, including premium, as such resolution may provide. The
Bonds shall be sold by the Authority at public sale. The Bonds shall be
sold to the highest and best bidders upon sealed bids. The Authority shall,
from time to time as Bonds are to be sold, advertise in at least 2 daily
newspapers, one of which is published in the City of Springfield and one in
the City of Chicago, for proposals to purchase Bonds. Each of such
advertisements for proposals shall be published at least ten days prior to
the date of the opening of the bids. The Authority may reserve the right
to reject any and all bids.
(b) Bonds issued prior to December 31, 1980 shall bear interest at such
rate or rates and at such price or prices as the Authority may approve in
the resolution authorizing the issuance of Bonds. Bonds issued after December
31, 1980 shall bear interest at a rate or rates not to exceed the maximum
annual rate provided for in Section 2 of "An Act to authorize public
corporations to issue bonds, other evidences of indebtedness
and tax anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as amended, and if issued at such maximum
annual rate shall be sold for not less than par and accrued interest. If any of
the Bonds are issued to bear interest at a rate of less than such maximum annual
rate the minimum price at which they may be sold shall be such that the
interest cost to the Authority on the proceeds of the Bonds shall not exceed
such maximum annual rate computed to stated maturity according to standard
tables of bond values.
(c) In connection with the issuance of its Bonds, the Authority may
enter into arrangements to provide additional security and liquidity for
the Bonds. These may include, without limitation, municipal bond
insurance, letters of credit, lines of credit by which the Authority may
borrow funds to pay or redeem its Bonds and purchase or remarketing
arrangements for assuring the ability of owners of the Authority's Bonds to
sell or to have redeemed their Bonds. The Authority may enter into
contracts and may agree to pay fees to persons providing such arrangements,
including from Bond proceeds but only under circumstances in which the
total interest paid or to be paid on the Bonds, together with the fees for
the arrangements (being treated as if interest), would not, taken together,
cause the Bonds to bear interest, calculated to their absolute maturity, at
a rate in excess of the maximum rate allowed by law.
The resolution of the Authority authorizing the issuance of its Bonds may
provide that interest rates may vary from time to time depending upon
criteria established by the Authority, which may include, without
limitation, a variation in interest rates
as may be necessary to cause Bonds to be remarketable from time to time at
a price equal to their principal amount, and may provide for appointment of
a national banking association, bank, trust company, investment banker or
other financial institution to serve as a remarketing agent in that
connection. The resolution of the Authority authorizing the issuance of
its Bonds may provide that alternative interest rates or provisions will
apply during such times as the Bonds are held by a person providing a
letter of credit or other credit enhancement arrangement for those Bonds.
(Source: P.A. 88-511.)
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105 ILCS 5/34A-503
(105 ILCS 5/34A-503) (from Ch. 122, par. 34A-503)
Sec. 34A-503.
Tax levy.
(a) Before or at the time of issuing any Bonds, the Authority shall provide by resolution for the levy and collection of a direct annual tax upon all
the taxable property located within the school district without limit as
to rate or amount sufficient to pay
and discharge the principal thereof at maturity or on sinking fund installment
dates and to pay the interest thereon as it falls due. The taxes as levied
shall also include such additional amounts to the extent that the collections
in the prior years were insufficient to pay and discharge such principal
thereof at maturity, such sinking fund installments, if any, and interest
thereon as it fell due and the amount so collected shall be placed in the
debt service reserve fund. Such tax shall be in
addition to and exclusive of the maximum of all taxes
which the Authority, the Board or the City Council of the City is now, or
may hereafter be, authorized by law to levy for any and all school purposes.
Any such resolution shall be in force upon its adoption.
(b) Such levy shall be for the sole benefit of the holders of the Bonds
and the holders of the Bonds shall have a security interest in, and lien
upon, all rights, claims and interests of the Authority arising pursuant
to such levy and all present and future proceeds of such levy until principal
of and sinking fund installments and interest on the Bonds are paid in full.
All proceeds from such levy shall be deposited by each county collector
directly in the debt service funds established pursuant to Section
34A-504 hereof and shall be applied solely for the payment of principal of and
sinking fund installments and interest on the Bonds and shall not be used for
any other purpose.
A levy with respect to Bonds issued prior to July 1, 1993 (or to refund or
continue the refunding of Bonds issued prior to July 1, 1993) shall be for the
sole benefit of holders of Bonds issued prior to July 1, 1993 (or to refund or
continue the refunding of Bonds issued prior to July 1, 1993). A levy with
respect to Bonds issued on or after July 1, 1993 (other than to refund or to
continue the refunding of Bonds issued prior to July 1, 1993) shall be for the
sole benefit of owners of Bonds issued on or after July 1, 1993 (other than to
refund or to continue the refunding of Bonds issued prior to July 1, 1993).
Proceeds of taxes levied under this Section shall be deposited in the debt
service fund relating to the Bonds with respect to which the taxes were
levied.
(c) Upon the filing in the office of the county clerk of each county wherein
the Board is located of a duly certified copy of any such ordinance, it
shall be the duty of each such county clerk to extend the tax therein provided
for, including an amount determined by the Authority to cover loss and cost
of collection and also deferred collections thereof and abatements in the
amount of such taxes as extended on the collectors' books. The tax shall
be separate and apart from all other taxes of the Authority, the Board and
the City and shall be separately identified by the collectors.
(Source: P.A. 88-511.)
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105 ILCS 5/34A-504
(105 ILCS 5/34A-504) (from Ch. 122, par. 34A-504)
Sec. 34A-504.
Debt service fund.
(a) The Authority shall establish a
debt service fund for the Bonds to be maintained by a corporate trustee
(which may be any trust company or bank having the power of a trust
company within the State) separate and segregated from all other funds
and accounts of the Authority and the Board. All moneys on deposit in
the debt service fund shall be held in trust in such debt service fund
for the benefit of holders of the Bonds, shall be applied solely for the
payment of principal of and sinking fund installment, redemption premium,
if any, and interest on the Bonds and shall not be used for any other purpose.
The holders of the Bonds shall have a security interest in and lien upon all
such moneys.
(b) The Authority shall, by its resolution authorizing Bonds to be issued
on or after July 1, 1993 (other than to refund or to continue the refunding of
Bonds issued prior to July 1, 1993), establish a debt service fund which shall
be separate from any such fund for Bonds issued prior to July 1, 1993
(including Bonds
issued to refund or to continue the refunding of those prior Bonds). Such a
separate debt service fund shall secure only Bonds issued on or after July 1,
1993 (other than Bonds to refund or to continue the refunding of Bonds issued
prior to July 1, 1993). The debt service fund established with respect to
Bonds issued prior to July 1, 1993 (or to refund or to continue the refunding
of Bonds issued prior to July 1, 1993) shall not secure Bonds issued on or
after July 1, 1993 (other than Bonds issued to refund or to continue the
refunding of Bonds issued prior to July 1, 1993).
(Source: P.A. 88-511.)
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105 ILCS 5/34A-505
(105 ILCS 5/34A-505) (from Ch. 122, par. 34A-505)
Sec. 34A-505.
Debt service reserve fund.
(a) The Authority may create
and establish a debt service reserve fund to be maintained by a corporate
trustee (which may be any trust company or bank having the power of a trust
company within the State) separate and segregated from all other funds and
accounts of the Authority. The Authority may pay into such debt service
reserve fund:
(i) any proceeds from the sale of Bonds to the extent | | provided in the resolution authorizing the issuance thereof; and
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(ii) any other moneys which may be available to the
| | Authority for the purpose of the fund.
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(b) The amount to be accumulated in the debt service reserve fund shall
be determined by the Authority but shall not exceed the maximum amount of
interest, principal and sinking fund installments due in any succeeding
calendar year.
(c) All moneys on deposit in such debt service reserve fund shall be held
in trust for the benefit of holders of the Bonds, shall be applied solely
for the payment of principal of and sinking fund installments and interest
on the Bonds to the extent not paid from the debt service fund and shall
not be used for any other purpose.
(d) Any moneys in the debt service reserve fund in excess of the amount
determined by the Authority pursuant to a resolution authorizing the issuance
of Bonds may be withdrawn by the Authority and used for
any of its lawful purposes.
(e) In computing the amount of the debt service reserve fund, investments
shall be valued as the Authority shall provide in the resolution authorizing
the issuance of the Bonds.
(f) The Authority may by its resolution authorizing Bonds to be issued on
or after July 1, 1993 (other than to refund or to continue the refunding of
Bonds issued prior to July 1, 1993) create and establish such a debt service
reserve fund, which shall be separate
from any such fund for Bonds issued prior to July 1, 1993 (including Bonds
issued to refund or to continue the refunding of those prior Bonds). Such a
separate debt service reserve fund shall secure only Bonds issued on or after
July 1,
1993 (other than to refund or to continue the refunding of Bonds issued
prior to July 1, 1993). The debt service reserve fund established with respect
to
Bonds issued prior to July 1, 1993 (or to refund or to continue the refunding
of Bonds issued prior to July 1, 1993) shall not secure Bonds issued on or
after July 1, 1993 (other than Bonds issued to refund or to continue the
refunding of Bonds issued prior to July 1, 1993).
(Source: P.A. 88-511.)
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105 ILCS 5/34A-506
(105 ILCS 5/34A-506) (from Ch. 122, par. 34A-506)
Sec. 34A-506.
Bond Anticipation Notes.
(a) After the issuance of Bonds
shall have been authorized, the Authority shall have power to issue from
time to time, pursuant to a resolution or resolutions of the Authority,
its negotiable Bond Anticipation Notes in anticipation of the issuance of Bonds.
(b) Bond Anticipation Notes shall mature not later than 2 years after
the date of issuance, may be made redeemable prior to their maturity and
may be sold in such manner, in such denominations, at such price or prices,
and shall bear interest at such rate or rates not to exceed the maximum
annual rate in accordance
with the provisions of paragraph (b)of Section 34A-502 hereof, as a resolution
authorizing the issuance of the Bond Anticipation Notes may provide.
(c) The Bond Anticipation Notes may be made payable as to both principal
and interest from the proceeds of Bonds. The Authority may provide for
payment of interest on the Bond Anticipation Notes from direct annual taxes
upon all the taxable property located within the school district which are
hereby authorized to be levied annually for such purpose without limit as
to rate or amount sufficient to pay such interest as it falls due, in the
manner, subject to the security interest and lien and with the effect provided
in Section 34A-503 hereof.
(d) The Authority is authorized to issue renewal notes in the event it
is unable to issue Bonds to pay outstanding Bond Anticipation Notes on terms
the Authority deems reasonable.
(e) A debt service fund shall be established in the manner provided in
Section 34A-504 by the Authority for such Bond Anticipation Notes and the
proceeds of any tax levy made pursuant to this Section shall be deposited
therein upon receipt.
(Source: P.A. 81-1221.)
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105 ILCS 5/34A-507
(105 ILCS 5/34A-507) (from Ch. 122, par. 34A-507)
Sec. 34A-507.
Resolution vesting powers in trustee.
The resolution
authorizing issuance of the Bonds shall vest in a trustee such rights,
powers and duties in trust as the Authority may determine and may contain
such provisions for protecting and enforcing the rights and remedies of the
holders of the Bonds and limiting such rights and remedies, as may be
reasonable and proper and not in violation of law, including covenants
setting forth the duties of the Authority in relation to the exercise of
its corporate powers and the custody, safeguarding and application of all
moneys. Such resolution shall provide for the manner in which moneys in
the various funds and accounts of the Authority may be invested in
Investment Obligations and the disposition of the earnings on such
investments.
(Source: P.A. 81-1221.)
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105 ILCS 5/34A-508
(105 ILCS 5/34A-508) (from Ch. 122, par. 34A-508)
Sec. 34A-508.
Property of Authority exempt from taxation.
The property
of the Authority shall be exempt from taxation.
(Source: P.A. 81-1221.)
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105 ILCS 5/34A-509
(105 ILCS 5/34A-509) (from Ch. 122, par. 34A-509)
Sec. 34A-509.
Discharge of Bonds.
(a) If the Authority shall pay or cause
to be paid to the holders of all Bonds and coupons, if any, then outstanding,
the principal of, redemption price, if any, and interest to become due thereon,
at the times and in the manner stipulated therein and in the resolution
authorizing the issuance of Bonds, then the covenants, agreements and other
obligations of the Authority to
the Bondholders shall be discharged and satisfied.
(b) Bonds or coupons or interest installments for the payment or redemption
of which moneys shall have been set aside and shall be held in trust by
the trustee provided for in Section 34A-507 hereof or any paying agent for
the Bonds (through deposit by the Authority of funds
for such payment or redemption or otherwise) at the maturity or redemption
date thereof shall be deemed to have been paid within the meaning and, with
the effect expressed in paragraph (a) above. All outstanding Bonds of any
series and all coupons, if any, appertaining to such Bonds shall, prior to the maturity
or redemption date thereof, be deemed to have been paid within the meaning
and with the effect expressed in such paragraph (a) above if (i) there shall
have been deposited with such trustee or paying agent either moneys in an
amount which shall
be sufficient, or direct obligations of the United States of America the
principal of and the interest on which, when due, will provide moneys which,
together with the moneys, if any, deposited with such trustee or paying
agent at the same time, shall be sufficient to pay, when due, the principal
of, sinking fund installment or redemption price, if applicable, and interest
due and to become due on
said Bonds on and prior to the redemption date, sinking fund installment
date, or maturity date thereof, as the case may be, and (ii) the Authority
shall have given such trustee or paying agent in form satisfactory to it
irrevocable instructions to publish a notice to the effect and in accordance
with the procedures provided in the resolution authorizing the issuance
of the Bonds. Neither direct obligations of the United States of America
nor moneys deposited with such trustee or paying agent nor principal or
interest payments on any such securities shall be withdrawn or used for any purpose
other than, and shall be held in trust for, the payment of the principal
or redemption price, if applicable, and interest on said Bonds.
(Source: P.A. 81-1221.)
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105 ILCS 5/34A-510
(105 ILCS 5/34A-510) (from Ch. 122, par. 34A-510)
Sec. 34A-510.
Pledge of the State.
The State of Illinois pledges to and
agrees with the holders of Bonds that the State will not limit or alter
the rights and powers vested in the Authority by this Act with respect to
Sections 34A-501 through 34A-512 hereof so as to impair the terms of any
contract made by the Authority with such holders or in
any way impair the rights and remedies of such holders until the Bonds,
together with interest thereon, with interest on any
unpaid installments of interest, and all costs and expenses in connection
with any action or proceedings by or on behalf of such holders, are fully
met and discharged
or provisions made for their payment. The Authority is authorized to include
such pledge and agreement of the State in any resolution or contract with
the holders of Bonds.
(Source: P.A. 81-1221.)
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105 ILCS 5/34A-511
(105 ILCS 5/34A-511) (from Ch. 122, par. 34A-511)
Sec. 34A-511.
Statutory lien.
Any pledge, assignment, lien or security
interest for the benefit of the holders of Bonds or Bond Anticipation Notes,
if any, created pursuant to this Act shall be valid and binding from the
time the Bonds are issued, without any physical delivery or further act,
and shall be valid and binding as against, and prior to any claims of, all
other parties having claims of
any kind in tort, contract or otherwise against the State, the Authority,
the Board or the City, or any other person, irrespective of whether such
other parties have notice thereof.
(Source: P.A. 81-1221.)
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105 ILCS 5/34A-512
(105 ILCS 5/34A-512) (from Ch. 122, par. 34A-512)
Sec. 34A-512.
Complete authority.
This Act, without reference to any other
statute, shall be deemed full and complete authority for the issuance
of the Bonds and the Bond Anticipation Notes as hereinabove provided.
(Source: P.A. 81-1221.)
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105 ILCS 5/34A-601
(105 ILCS 5/34A-601) (from Ch. 122, par. 34A-601)
Sec. 34A-601.
Hearings.
To the extent feasible, the Authority shall
provide for and encourage participation by the public in the development
and review of financial and educational policy. The Authority
shall hold public hearings as it may deem appropriate to the performance of
any of its functions. The Authority may designate one or more of its
Directors or may appoint one or more hearing officers to preside over any
hearing. The Authority shall hold public hearings as it may deem
appropriate to the performance of any of its functions. The Authority
shall have the power in connection with any such hearing to issue subpoenas
to require attendance of witnesses and the production of documents, and may
apply to any circuit court in the State to require compliance with such
subpoenas. Upon the request of the Authority, the Board shall provide the
facilities for and pay the expense of any hearing conducted by the Authority.
(Source: P.A. 85-1418; 86-1477.)
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105 ILCS 5/34A-602
(105 ILCS 5/34A-602) (from Ch. 122, par. 34A-602)
Sec. 34A-602.
Limitations of actions after abolition; indemnification.
(a) Abolition of the Authority pursuant to Section 34A-605 shall bar any
remedy available against the Authority, its Directors, employees, or agents,
for any right or claim existing, or any liability incurred, prior to such
abolition unless the action or other proceeding thereon is commenced prior
to the expiration of 2 years after the date of such abolition.
(b) The Authority may indemnify any Director, officer, employee, or
agent who was or is a party, or is threatened to be made a party to any
threatened, pending or completed action, suit or proceeding, whether civil,
criminal, administrative or investigative by reason of the fact that he
was a Director, officer, employee or agent of the Authority, against expenses
(including attorneys' fees), judgments, fines and amounts paid in settlement
actually and reasonably incurred by him in connection with such action,
suit or proceeding, if he acted in good faith and in a manner he reasonably
believed to be in, or not opposed to the best interests of the Authority
and, with respect to any criminal action or proceeding, had no reasonable
cause to believe his conduct was unlawful. The termination of any action,
suit or proceeding by judgment, order, settlement, conviction, or upon a
plea of nolo contendere or its equivalent, shall not, of itself, create
a presumption that the person did not act in good faith in a manner which
he reasonably believed to be in or not opposed to the best interest of the
Authority, and, with respect to any criminal action or proceeding, had reasonable
cause to believe that his conduct was unlawful.
To the extent that a Director, officer, employee or agent of the Authority
has been successful, on the merits or otherwise, in the defense of any such
action, suit or proceeding referred to in this subsection or in defense
of any claim, issue or matter therein, he shall be indemnified against expenses
(including attorney's fees) actually and reasonably incurred by him in connection
therewith. Any such indemnification shall be made by the Authority only
as authorized in the specific case, upon a determination that indemnification
of the Director, officer, employee or agent is proper in the circumstances
because he has met the applicable standard of conduct. Such determination
shall be made: (1) by the Board of Directors by a majority vote of a quorum
consisting of Directors who are not parties to such action, suit or proceeding,
or (2) if such a quorum is not obtainable, or, even if obtainable, a quorum
of disinterested Directors so directs, by independent legal counsel in a
written opinion.
Reasonable expenses incurred in defending an action, suit or proceeding
shall be paid by the Authority in advance of the final disposition of such
action, suit or proceeding, as authorized by the Board of Directors in the
specific case, upon
receipt of an undertaking by or on behalf of the Director, officer, employee
or agent to repay such amount, unless it shall ultimately be determined
that he is entitled to be indemnified by the Authority as authorized in this Section.
Any Director, officer, employee or agent against whom any action, suit
or proceeding is brought may employ his or her own attorney to appear on
his or her behalf.
The right to indemnification accorded by this Section shall not limit any
other right to indemnification to which the Director, officer, employee
or agent may be entitled. Any rights hereunder shall inure to the benefit
of the heirs, executors and administrators of any Director, officer, employee
or agent of the Authority.
The Authority may purchase and maintain insurance on behalf of any person
who is or was a Director, officer, employee or agent of the Authority against
any liability asserted against him and incurred by him in any such capacity,
or arising out of his status as such, whether or not the Authority would
have the power to indemnify him against such liability under the provisions
of this Section.
(Source: P.A. 82-97.)
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105 ILCS 5/34A-603
(105 ILCS 5/34A-603) (from Ch. 122, par. 34A-603)
Sec. 34A-603.
State, City or Board not liable on Obligations.
Obligations issued under the provisions of this Article shall not be deemed
to constitute a debt or liability of the State, the City or the Board or
of any political subdivision thereof other than the Authority or a pledge
of the full faith and credit of the State, the City or the Board or of any
such political subdivision other than the Authority, but shall be payable
solely from the funds and revenues herein provided therefor. The issuance
of Obligations under
the provisions of this Article shall not directly or indirectly or contingently
obligate the State, the City or the Board or any political subdivision thereof
other than the Authority
to levy any form of taxation therefor or to make any appropriation for their
payment. Nothing in this Section contained shall prevent or be construed
to prevent the Authority from pledging its full faith and credit to the
payment of obligations authorized pursuant to this Article. Nothing in
this Article shall be construed to authorize the Authority to create a debt
of the State, the City or the Board within the meaning of the Constitution
or Statutes of Illinois and all Obligations issued by the Authority pursuant
to the provisions of this Article are payable and shall state that
they are payable solely from the funds and revenues pledged for their payment
in accordance with the resolution authorizing their issuance or in any trust indenture
or mortgage or deed of trust executed as security therefor. The State,
the City or the Board shall not in any event be liable for the payment of
the principal of or interest on any Obligations of the Authority or for
the performance of any pledge, mortgage, obligation or agreement of any
kind whatsoever which may be undertaken by the Authority. No breach of
any such pledge, mortgage, obligation or agreement may impose any liability
upon the State, the City or the Board or any charge upon their general credit
or against their taxing power.
(Source: P.A. 81-1221.)
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105 ILCS 5/34A-604
(105 ILCS 5/34A-604) (from Ch. 122, par. 34A-604)
Sec. 34A-604. Abolition of Authority. The Authority shall be abolished one year after all its Obligations have
been fully paid and discharged or otherwise provided for. Upon the abolition
of the Authority, all of its rights and property shall pass to and be vested
in the Board.
(Source: P.A. 96-705, eff. 1-1-10.)
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105 ILCS 5/34A-605
(105 ILCS 5/34A-605) (from Ch. 122, par. 34A-605)
Sec. 34A-605.
Obligations as legal investments.
The Obligations are hereby made securities in which all public officers
and bodies of this State and all political subdivisions of the State and
other persons carrying on an insurance business, all banks, bankers, trust
companies, saving banks and savings associations, including savings and
loan associations, building and loan associations, investment companies
and other persons carrying on a banking business, all credit unions, pension
funds, administrators, and guardians who are now or may hereafter be authorized
to invest in bonds or in other obligations of the State, may properly and
legally invest funds, including capital, in their control or belonging to
them. The Obligations are also
hereby made securities which may be deposited with and may be received by
all public officers and bodies of the State and all political subdivisions
of the State and public corporations for any purpose for which the deposit
of bonds or other obligations of the State is now or may hereafter be authorized.
(Source: P.A. 81-1221.)
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105 ILCS 5/34A-606
(105 ILCS 5/34A-606) (from Ch. 122, par. 34A-606)
Sec. 34A-606. Reports.
(a) The Directors, upon taking office and annually thereafter, shall
prepare and submit to the Governor, Mayor, General Assembly, and City Council
a report which shall include the audited financial statement for the preceding
Fiscal Year of the Board, an approved Financial Plan or a statement of reasons
for the failure to adopt such a Financial Plan, a statement of the major
steps necessary to accomplish the objectives of the Financial Plan, and
a request for any legislation necessary to achieve the objectives of the
Financial Plan.
(b) Annual reports shall be submitted on or before May 1 of each year.
(c) The requirement for reporting to the General Assembly shall be
satisfied by filing copies of the report with the Board, the Governor,
the Mayor and as required
by Section 3.1 of the General Assembly Organization Act, and filing such
additional copies with the State Government Report Distribution Center for
the General Assembly as is required under paragraph (t) of Section 7 of the
State Library Act.
(d) Each annual report required to be submitted through May 1, 1995,
shall also include: (i) a description of the activities of the Authority;
(ii) an analysis of the educational performance of the Board for
the preceding school year; (iii) an Approved System-Wide Educational Reform
Goals and Objectives Plan or a statement of reasons for the failure to
adopt such an Approved System-Wide Educational Reform Goals and Objectives
Plan; (iv) a statement of the major steps necessary to accomplish the goals
of the Approved System-Wide Educational Reform Goals and Objectives Plan;
(v) a commentary with respect to those Board policies and rules and those
provisions of The School Code and collective bargaining agreements between
the Board and its employees which, in the opinion of the Authority, are
obstacles and a hindrance to fulfillment of any Approved System-Wide
Educational Reform Goals and Objectives Plan; and (vi) a request for any
legislative action necessary to achieve the goals of the Approved
System-Wide Educational Reform Goals and Objectives Plan.
(Source: P.A. 100-1148, eff. 12-10-18.)
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105 ILCS 5/34A-607
(105 ILCS 5/34A-607) (from Ch. 122, par. 34A-607)
Sec. 34A-607.
Audit of Authority.
The Authority shall be subject to audit
in the manner now or hereafter provided for the audit of State funds and
accounts. A copy of the audit report shall be submitted to the Auditor
General, the Governor, the Speaker and Minority Leader of the House of Representatives
and the President and Minority Leader of the Senate.
(Source: P.A. 81-1221.)
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105 ILCS 5/34A-608
(105 ILCS 5/34A-608) (from Ch. 122, par. 34A-608)
Sec. 34A-608.
Sanctions.
(a) No member, officer, employee, or agent of the Board shall commit the
Board to any contract or other obligation or incur any liability on behalf
of the Board for any purpose if the amount of such contract, obligation
or liability is in excess of the amount authorized for that purpose then
available under the Financial Plan and Budget then in effect.
(b) No member, officer, employee, or agent of the Board shall commit the
Board to any contract or other obligation on behalf of the Board for the
payment of money for any purpose required to be approved by the Authority
unless such contract or other obligation has been approved by the Authority.
(c) No member, officer, employee, or agent of the Board shall take any
action in violation of any valid order of the Authority or shall fail or
refuse to take any action required by any such order or shall prepare, present,
or certify any information (including any projections or estimates) or report
for the Authority or any of its agents that is false or misleading, or,
upon learning that any such information is false or misleading, shall fail
promptly to advise the Authority or its agents.
(d) In addition to any penalty or liability under any other law, any member,
officer, employee, or agent of the Board who shall violate subsections (a),
(b), or (c) of this Section shall be subject to appropriate administrative
discipline, including, if warranted, suspension from duty without pay,
removal from office, or termination of employment.
(Source: P.A. 85-1418; 86-1477.)
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105 ILCS 5/Art. 34B
(105 ILCS 5/Art. 34B heading)
ARTICLE 34B
BRIDGE NOTE STATUTE
(Repealed) (Source: Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/Art. 35
(105 ILCS 5/Art. 35 heading)
ARTICLE 35.
BUILDINGS--SCHOOL BUILDING COMMISSION
(Repealed) (Source: Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/Art. 36
(105 ILCS 5/Art. 36 heading)
ARTICLE 36.
REPEAL - SAVING
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105 ILCS 5/36-1
(105 ILCS 5/36-1) (from Ch. 122, par. 36-1)
Sec. 36-1.
Repeal - Saving Clause.
The following acts are repealed:
"An Act providing for a system of free schools and for transportation
of all school children, and further providing for the establishment of
junior colleges with or without tuition charges," approved May 1, 1945,
as amended;
"An Act authorizing school districts to levy a tax to pay rental for
use and occupancy of school buildings owned by the State of Illinois,"
approved July 6, 1957;
"An Act to provide for the acquisition, construction, rental and
disposition of buildings used for school purposes," approved June 21,
1957;
"An Act to provide scholarships in institutions of higher learning
for qualified residents of the State, to create the State Scholarship
Commission and define its powers and duties, to provide for the
administration of a State scholarship program, and to make
appropriations for such purposes," approved June 21, 1957;
"An Act in relation to driver education courses in the public schools
and to make appropriations in connection therewith," approved July 9,
1957.
Such repeal shall not affect or impair any of the following: suits
pending or rights existing at the time this act takes effect; any grant
or conveyance made or right acquired or cause of action now existing
under any such act; the validity of any bonds or other obligations
issued or sold and constituting valid obligations of the issuing
authority at the time this act takes effect; the validity of any
contract; the validity of any tax levied under any law in effect prior
to the effective date of this Act; any offense committed, act done,
penalty, punishment or forfeiture incurred, or any claim, right, power
or remedy accrued under any law in effect prior to the effective date of
this Act; nor shall the repeal herein of any curative or validating act
affect the corporate existence or powers of any school district lawfully
validated thereby.
(Source: Laws 1961, p. 31 .)
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