101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2461

 

Introduced 1/15/2020___________, by

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/11E-135
105 ILCS 5/11E-140 new

    Amends the Conversion and Formation of School Districts Article of the School Code. Creates the School District Efficiency Commission. Provides for the membership and support of the Commission. Provides that the purpose of the Commission is to make recommendations to the Governor, the General Assembly, and the public on the optimal number of school districts in this State, the optimal student enrollment amount for a school district, and where reorganization and realignment of school districts would be beneficial in this State; specifies the topics on which the recommendations must focus. Provides that, on or before May 1, 2021, the Commission must vote on its recommendations and submit a report to the Governor and the General Assembly. Provides that if the Commission adopts the report recommendations by an affirmative vote of at least 13 of its members, then the Commission's specific recommendations for reorganization of school districts into unit school districts shall be submitted as a petition and filed with the appropriate regional superintendent of schools for approval. Provides that the petition shall then be submitted to the State Superintendent of Education for approval. Repeals the provisions on January 31, 2023. Makes a conforming change in the Article. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB2461LRB101 16293 CMG 65666 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Classrooms
5First Act.
 
6    Section 5. The School Code is amended by changing Section
711E-135 and by adding Section 11E-140 as follows:
 
8    (105 ILCS 5/11E-135)
9    Sec. 11E-135. Incentives. Except as provided under Section
1011E-140, for For districts reorganizing under this Article and
11for a district or districts that annex all of the territory of
12one or more entire other school districts in accordance with
13Article 7 of this Code, the following payments shall be made
14from appropriations made for these purposes:
15    (a)(1) For a combined school district, as defined in
16Section 11E-20 of this Code, or for a unit district, as defined
17in Section 11E-25 of this Code, for its first year of
18existence, the general State aid and supplemental general State
19aid calculated under Section 18-8.05 of this Code or the
20evidence-based funding calculated under Section 18-8.15 of
21this Code, as applicable, shall be computed for the new
22district and for the previously existing districts for which

 

 

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1property is totally included within the new district. If the
2computation on the basis of the previously existing districts
3is greater, a supplementary payment equal to the difference
4shall be made for the first 4 years of existence of the new
5district.
6    (2) For a school district that annexes all of the territory
7of one or more entire other school districts as defined in
8Article 7 of this Code, for the first year during which the
9change of boundaries attributable to the annexation becomes
10effective for all purposes, as determined under Section 7-9 of
11this Code, the general State aid and supplemental general State
12aid calculated under Section 18-8.05 of this Code or the
13evidence-based funding calculated under Section 18-8.15 of
14this Code, as applicable, shall be computed for the annexing
15district as constituted after the annexation and for the
16annexing and each annexed district as constituted prior to the
17annexation; and if the computation on the basis of the annexing
18and annexed districts as constituted prior to the annexation is
19greater, then a supplementary payment equal to the difference
20shall be made for the first 4 years of existence of the
21annexing school district as constituted upon the annexation.
22    (3) For 2 or more school districts that annex all of the
23territory of one or more entire other school districts, as
24defined in Article 7 of this Code, for the first year during
25which the change of boundaries attributable to the annexation
26becomes effective for all purposes, as determined under Section

 

 

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17-9 of this Code, the general State aid and supplemental
2general State aid calculated under Section 18-8.05 of this Code
3or the evidence-based funding calculated under Section 18-8.15
4of this Code, as applicable, shall be computed for each
5annexing district as constituted after the annexation and for
6each annexing and annexed district as constituted prior to the
7annexation; and if the aggregate of the general State aid and
8supplemental general State aid or evidence-based funding, as
9applicable, as so computed for the annexing districts as
10constituted after the annexation is less than the aggregate of
11the general State aid and supplemental general State aid or
12evidence-based funding, as applicable, as so computed for the
13annexing and annexed districts, as constituted prior to the
14annexation, then a supplementary payment equal to the
15difference shall be made and allocated between or among the
16annexing districts, as constituted upon the annexation, for the
17first 4 years of their existence. The total difference payment
18shall be allocated between or among the annexing districts in
19the same ratio as the pupil enrollment from that portion of the
20annexed district or districts that is annexed to each annexing
21district bears to the total pupil enrollment from the entire
22annexed district or districts, as such pupil enrollment is
23determined for the school year last ending prior to the date
24when the change of boundaries attributable to the annexation
25becomes effective for all purposes. The amount of the total
26difference payment and the amount thereof to be allocated to

 

 

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1the annexing districts shall be computed by the State Board of
2Education on the basis of pupil enrollment and other data that
3shall be certified to the State Board of Education, on forms
4that it shall provide for that purpose, by the regional
5superintendent of schools for each educational service region
6in which the annexing and annexed districts are located.
7    (4) For a school district conversion, as defined in Section
811E-15 of this Code, or a multi-unit conversion, as defined in
9subsection (b) of Section 11E-30 of this Code, if in their
10first year of existence the newly created elementary districts
11and the newly created high school district, from a school
12district conversion, or the newly created elementary district
13or districts and newly created combined high school - unit
14district, from a multi-unit conversion, qualify for less
15general State aid under Section 18-8.05 of this Code or
16evidence-based funding under Section 18-8.15 of this Code than
17would have been payable under Section 18-8.05 or 18-8.15, as
18applicable, for that same year to the previously existing
19districts, then a supplementary payment equal to that
20difference shall be made for the first 4 years of existence of
21the newly created districts. The aggregate amount of each
22supplementary payment shall be allocated among the newly
23created districts in the proportion that the deemed pupil
24enrollment in each district during its first year of existence
25bears to the actual aggregate pupil enrollment in all of the
26districts during their first year of existence. For purposes of

 

 

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1each allocation:
2        (A) the deemed pupil enrollment of the newly created
3    high school district from a school district conversion
4    shall be an amount equal to its actual pupil enrollment for
5    its first year of existence multiplied by 1.25;
6        (B) the deemed pupil enrollment of each newly created
7    elementary district from a school district conversion
8    shall be an amount equal to its actual pupil enrollment for
9    its first year of existence reduced by an amount equal to
10    the product obtained when the amount by which the newly
11    created high school district's deemed pupil enrollment
12    exceeds its actual pupil enrollment for its first year of
13    existence is multiplied by a fraction, the numerator of
14    which is the actual pupil enrollment of the newly created
15    elementary district for its first year of existence and the
16    denominator of which is the actual aggregate pupil
17    enrollment of all of the newly created elementary districts
18    for their first year of existence;
19        (C) the deemed high school pupil enrollment of the
20    newly created combined high school - unit district from a
21    multi-unit conversion shall be an amount equal to its
22    actual grades 9 through 12 pupil enrollment for its first
23    year of existence multiplied by 1.25; and
24        (D) the deemed elementary pupil enrollment of each
25    newly created district from a multi-unit conversion shall
26    be an amount equal to each district's actual grade K

 

 

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1    through 8 pupil enrollment for its first year of existence,
2    reduced by an amount equal to the product obtained when the
3    amount by which the newly created combined high school -
4    unit district's deemed high school pupil enrollment
5    exceeds its actual grade 9 through 12 pupil enrollment for
6    its first year of existence is multiplied by a fraction,
7    the numerator of which is the actual grade K through 8
8    pupil enrollment of each newly created district for its
9    first year of existence and the denominator of which is the
10    actual aggregate grade K through 8 pupil enrollment of all
11    such newly created districts for their first year of
12    existence.
13    The aggregate amount of each supplementary payment under
14this subdivision (4) and the amount thereof to be allocated to
15the newly created districts shall be computed by the State
16Board of Education on the basis of pupil enrollment and other
17data, which shall be certified to the State Board of Education,
18on forms that it shall provide for that purpose, by the
19regional superintendent of schools for each educational
20service region in which the newly created districts are
21located.
22    (5) For a partial elementary unit district, as defined in
23subsection (a) or (c) of Section 11E-30 of this Code, if, in
24the first year of existence, the newly created partial
25elementary unit district qualifies for less general State aid
26and supplemental general State aid under Section 18-8.05 of

 

 

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1this Code or less evidence-based funding under Section 18-8.15
2of this Code, as applicable, than would have been payable under
3those Sections for that same year to the previously existing
4districts that formed the partial elementary unit district,
5then a supplementary payment equal to that difference shall be
6made to the partial elementary unit district for the first 4
7years of existence of that newly created district.
8    (6) For an elementary opt-in, as described in subsection
9(d) of Section 11E-30 of this Code, the general State aid or
10evidence-based funding difference shall be computed in
11accordance with paragraph (5) of this subsection (a) as if the
12elementary opt-in was included in an optional elementary unit
13district at the optional elementary unit district's original
14effective date. If the calculation in this paragraph (6) is
15less than that calculated in paragraph (5) of this subsection
16(a) at the optional elementary unit district's original
17effective date, then no adjustments may be made. If the
18calculation in this paragraph (6) is more than that calculated
19in paragraph (5) of this subsection (a) at the optional
20elementary unit district's original effective date, then the
21excess must be paid as follows:
22        (A) If the effective date for the elementary opt-in is
23    one year after the effective date for the optional
24    elementary unit district, 100% of the calculated excess
25    shall be paid to the optional elementary unit district in
26    each of the first 4 years after the effective date of the

 

 

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1    elementary opt-in.
2        (B) If the effective date for the elementary opt-in is
3    2 years after the effective date for the optional
4    elementary unit district, 75% of the calculated excess
5    shall be paid to the optional elementary unit district in
6    each of the first 4 years after the effective date of the
7    elementary opt-in.
8        (C) If the effective date for the elementary opt-in is
9    3 years after the effective date for the optional
10    elementary unit district, 50% of the calculated excess
11    shall be paid to the optional elementary unit district in
12    each of the first 4 years after the effective date of the
13    elementary opt-in.
14        (D) If the effective date for the elementary opt-in is
15    4 years after the effective date for the optional
16    elementary unit district, 25% of the calculated excess
17    shall be paid to the optional elementary unit district in
18    each of the first 4 years after the effective date of the
19    elementary opt-in.
20        (E) If the effective date for the elementary opt-in is
21    5 years after the effective date for the optional
22    elementary unit district, the optional elementary unit
23    district is not eligible for any additional incentives due
24    to the elementary opt-in.
25    (6.5) For a school district that annexes territory detached
26from another school district whereby the enrollment of the

 

 

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1annexing district increases by 90% or more as a result of the
2annexation, for the first year during which the change of
3boundaries attributable to the annexation becomes effective
4for all purposes as determined under Section 7-9 of this Code,
5the general State aid and supplemental general State aid or
6evidence-based funding, as applicable, calculated under this
7Section shall be computed for the district gaining territory
8and the district losing territory as constituted after the
9annexation and for the same districts as constituted prior to
10the annexation; and if the aggregate of the general State aid
11and supplemental general State aid or evidence-based funding,
12as applicable, as so computed for the district gaining
13territory and the district losing territory as constituted
14after the annexation is less than the aggregate of the general
15State aid and supplemental general State aid or evidence-based
16funding, as applicable, as so computed for the district gaining
17territory and the district losing territory as constituted
18prior to the annexation, then a supplementary payment shall be
19made to the annexing district for the first 4 years of
20existence after the annexation, equal to the difference
21multiplied by the ratio of student enrollment in the territory
22detached to the total student enrollment in the district losing
23territory for the year prior to the effective date of the
24annexation. The amount of the total difference and the
25proportion paid to the annexing district shall be computed by
26the State Board of Education on the basis of pupil enrollment

 

 

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1and other data that must be submitted to the State Board of
2Education in accordance with Section 7-14A of this Code. The
3changes to this Section made by Public Act 95-707 are intended
4to be retroactive and applicable to any annexation taking
5effect on or after July 1, 2004. For annexations that are
6eligible for payments under this paragraph (6.5) and that are
7effective on or after July 1, 2004, but before January 11, 2008
8(the effective date of Public Act 95-707), the first required
9yearly payment under this paragraph (6.5) shall be paid in the
10fiscal year of January 11, 2008 (the effective date of Public
11Act 95-707). Subsequent required yearly payments shall be paid
12in subsequent fiscal years until the payment obligation under
13this paragraph (6.5) is complete.
14    (7) Claims for financial assistance under this subsection
15(a) may not be recomputed except as expressly provided under
16Section 18-8.05 or 18-8.15 of this Code.
17    (8) Any supplementary payment made under this subsection
18(a) must be treated as separate from all other payments made
19pursuant to Section 18-8.05 or 18-8.15 of this Code.
20    (b)(1) After the formation of a combined school district,
21as defined in Section 11E-20 of this Code, or a unit district,
22as defined in Section 11E-25 of this Code, a computation shall
23be made to determine the difference between the salaries
24effective in each of the previously existing districts on June
2530, prior to the creation of the new district. For the first 4
26years after the formation of the new district, a supplementary

 

 

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1State aid reimbursement shall be paid to the new district equal
2to the difference between the sum of the salaries earned by
3each of the certificated members of the new district, while
4employed in one of the previously existing districts during the
5year immediately preceding the formation of the new district,
6and the sum of the salaries those certificated members would
7have been paid during the year immediately prior to the
8formation of the new district if placed on the salary schedule
9of the previously existing district with the highest salary
10schedule.
11    (2) After the territory of one or more school districts is
12annexed by one or more other school districts as defined in
13Article 7 of this Code, a computation shall be made to
14determine the difference between the salaries effective in each
15annexed district and in the annexing district or districts as
16they were each constituted on June 30 preceding the date when
17the change of boundaries attributable to the annexation became
18effective for all purposes, as determined under Section 7-9 of
19this Code. For the first 4 years after the annexation, a
20supplementary State aid reimbursement shall be paid to each
21annexing district as constituted after the annexation equal to
22the difference between the sum of the salaries earned by each
23of the certificated members of the annexing district as
24constituted after the annexation, while employed in an annexed
25or annexing district during the year immediately preceding the
26annexation, and the sum of the salaries those certificated

 

 

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1members would have been paid during the immediately preceding
2year if placed on the salary schedule of whichever of the
3annexing or annexed districts had the highest salary schedule
4during the immediately preceding year.
5    (3) For each new high school district formed under a school
6district conversion, as defined in Section 11E-15 of this Code,
7the State shall make a supplementary payment for 4 years equal
8to the difference between the sum of the salaries earned by
9each certified member of the new high school district, while
10employed in one of the previously existing districts, and the
11sum of the salaries those certified members would have been
12paid if placed on the salary schedule of the previously
13existing district with the highest salary schedule.
14    (4) For each newly created partial elementary unit
15district, the State shall make a supplementary payment for 4
16years equal to the difference between the sum of the salaries
17earned by each certified member of the newly created partial
18elementary unit district, while employed in one of the
19previously existing districts that formed the partial
20elementary unit district, and the sum of the salaries those
21certified members would have been paid if placed on the salary
22schedule of the previously existing district with the highest
23salary schedule. The salary schedules used in the calculation
24shall be those in effect in the previously existing districts
25for the school year prior to the creation of the new partial
26elementary unit district.

 

 

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1    (5) For an elementary district opt-in, as described in
2subsection (d) of Section 11E-30 of this Code, the salary
3difference incentive shall be computed in accordance with
4paragraph (4) of this subsection (b) as if the opted-in
5elementary district was included in the optional elementary
6unit district at the optional elementary unit district's
7original effective date. If the calculation in this paragraph
8(5) is less than that calculated in paragraph (4) of this
9subsection (b) at the optional elementary unit district's
10original effective date, then no adjustments may be made. If
11the calculation in this paragraph (5) is more than that
12calculated in paragraph (4) of this subsection (b) at the
13optional elementary unit district's original effective date,
14then the excess must be paid as follows:
15        (A) If the effective date for the elementary opt-in is
16    one year after the effective date for the optional
17    elementary unit district, 100% of the calculated excess
18    shall be paid to the optional elementary unit district in
19    each of the first 4 years after the effective date of the
20    elementary opt-in.
21        (B) If the effective date for the elementary opt-in is
22    2 years after the effective date for the optional
23    elementary unit district, 75% of the calculated excess
24    shall be paid to the optional elementary unit district in
25    each of the first 4 years after the effective date of the
26    elementary opt-in.

 

 

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1        (C) If the effective date for the elementary opt-in is
2    3 years after the effective date for the optional
3    elementary unit district, 50% of the calculated excess
4    shall be paid to the optional elementary unit district in
5    each of the first 4 years after the effective date of the
6    elementary opt-in.
7        (D) If the effective date for the elementary opt-in is
8    4 years after the effective date for the partial elementary
9    unit district, 25% of the calculated excess shall be paid
10    to the optional elementary unit district in each of the
11    first 4 years after the effective date of the elementary
12    opt-in.
13        (E) If the effective date for the elementary opt-in is
14    5 years after the effective date for the optional
15    elementary unit district, the optional elementary unit
16    district is not eligible for any additional incentives due
17    to the elementary opt-in.
18    (5.5) After the formation of a cooperative high school by 2
19or more school districts under Section 10-22.22c of this Code,
20a computation shall be made to determine the difference between
21the salaries effective in each of the previously existing high
22schools on June 30 prior to the formation of the cooperative
23high school. For the first 4 years after the formation of the
24cooperative high school, a supplementary State aid
25reimbursement shall be paid to the cooperative high school
26equal to the difference between the sum of the salaries earned

 

 

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1by each of the certificated members of the cooperative high
2school while employed in one of the previously existing high
3schools during the year immediately preceding the formation of
4the cooperative high school and the sum of the salaries those
5certificated members would have been paid during the year
6immediately prior to the formation of the cooperative high
7school if placed on the salary schedule of the previously
8existing high school with the highest salary schedule.
9    (5.10) After the annexation of territory detached from
10another school district whereby the enrollment of the annexing
11district increases by 90% or more as a result of the
12annexation, a computation shall be made to determine the
13difference between the salaries effective in the district
14gaining territory and the district losing territory as they
15each were constituted on June 30 preceding the date when the
16change of boundaries attributable to the annexation became
17effective for all purposes as determined under Section 7-9 of
18this Code. For the first 4 years after the annexation, a
19supplementary State aid reimbursement shall be paid to the
20annexing district equal to the difference between the sum of
21the salaries earned by each of the certificated members of the
22annexing district as constituted after the annexation while
23employed in the district gaining territory or the district
24losing territory during the year immediately preceding the
25annexation and the sum of the salaries those certificated
26members would have been paid during such immediately preceding

 

 

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1year if placed on the salary schedule of whichever of the
2district gaining territory or district losing territory had the
3highest salary schedule during the immediately preceding year.
4To be eligible for supplementary State aid reimbursement under
5this Section, the intergovernmental agreement to be submitted
6pursuant to Section 7-14A of this Code must show that staff
7members were transferred from the control of the district
8losing territory to the control of the district gaining
9territory in the annexation. The changes to this Section made
10by Public Act 95-707 are intended to be retroactive and
11applicable to any annexation taking effect on or after July 1,
122004. For annexations that are eligible for payments under this
13paragraph (5.10) and that are effective on or after July 1,
142004, but before January 11, 2008 (the effective date of Public
15Act 95-707), the first required yearly payment under this
16paragraph (5.10) shall be paid in the fiscal year of January
1711, 2008 (the effective date of Public Act 95-707). Subsequent
18required yearly payments shall be paid in subsequent fiscal
19years until the payment obligation under this paragraph (5.10)
20is complete.
21    (5.15) After the deactivation of a school facility in
22accordance with Section 10-22.22b of this Code, a computation
23shall be made to determine the difference between the salaries
24effective in the sending school district and each receiving
25school district on June 30 prior to the deactivation of the
26school facility. For the lesser of the first 4 years after the

 

 

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1deactivation of the school facility or the length of the
2deactivation agreement, including any renewals of the original
3deactivation agreement, a supplementary State aid
4reimbursement shall be paid to each receiving district equal to
5the difference between the sum of the salaries earned by each
6of the certificated members transferred to that receiving
7district as a result of the deactivation while employed in the
8sending district during the year immediately preceding the
9deactivation and the sum of the salaries those certificated
10members would have been paid during the year immediately
11preceding the deactivation if placed on the salary schedule of
12the sending or receiving district with the highest salary
13schedule.
14    (6) The supplementary State aid reimbursement under this
15subsection (b) shall be treated as separate from all other
16payments made pursuant to Section 18-8.05 of this Code. In the
17case of the formation of a new district or cooperative high
18school or a deactivation, reimbursement shall begin during the
19first year of operation of the new district or cooperative high
20school or the first year of the deactivation, and in the case
21of an annexation of the territory of one or more school
22districts by one or more other school districts or the
23annexation of territory detached from a school district whereby
24the enrollment of the annexing district increases by 90% or
25more as a result of the annexation, reimbursement shall begin
26during the first year when the change in boundaries

 

 

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1attributable to the annexation becomes effective for all
2purposes as determined pursuant to Section 7-9 of this Code,
3except that for an annexation of territory detached from a
4school district that is effective on or after July 1, 2004, but
5before January 11, 2008 (the effective date of Public Act
695-707), whereby the enrollment of the annexing district
7increases by 90% or more as a result of the annexation,
8reimbursement shall begin during the fiscal year of January 11,
92008 (the effective date of Public Act 95-707). Each year that
10the new, annexing, or receiving district or cooperative high
11school, as the case may be, is entitled to receive
12reimbursement, the number of eligible certified members who are
13employed on October 1 in the district or cooperative high
14school shall be certified to the State Board of Education on
15prescribed forms by October 15 and payment shall be made on or
16before November 15 of that year.
17    (c)(1) For the first year after the formation of a combined
18school district, as defined in Section 11E-20 of this Code or a
19unit district, as defined in Section 11E-25 of this Code, a
20computation shall be made totaling each previously existing
21district's audited fund balances in the educational fund,
22working cash fund, operations and maintenance fund, and
23transportation fund for the year ending June 30 prior to the
24referendum for the creation of the new district. The new
25district shall be paid supplementary State aid equal to the sum
26of the differences between the deficit of the previously

 

 

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1existing district with the smallest deficit and the deficits of
2each of the other previously existing districts.
3    (2) For the first year after the annexation of all of the
4territory of one or more entire school districts by another
5school district, as defined in Article 7 of this Code,
6computations shall be made, for the year ending June 30 prior
7to the date that the change of boundaries attributable to the
8annexation is allowed by the affirmative decision issued by the
9regional board of school trustees under Section 7-6 of this
10Code, notwithstanding any effort to seek administrative review
11of the decision, totaling the annexing district's and totaling
12each annexed district's audited fund balances in their
13respective educational, working cash, operations and
14maintenance, and transportation funds. The annexing district
15as constituted after the annexation shall be paid supplementary
16State aid equal to the sum of the differences between the
17deficit of whichever of the annexing or annexed districts as
18constituted prior to the annexation had the smallest deficit
19and the deficits of each of the other districts as constituted
20prior to the annexation.
21    (3) For the first year after the annexation of all of the
22territory of one or more entire school districts by 2 or more
23other school districts, as defined by Article 7 of this Code,
24computations shall be made, for the year ending June 30 prior
25to the date that the change of boundaries attributable to the
26annexation is allowed by the affirmative decision of the

 

 

SB2461- 20 -LRB101 16293 CMG 65666 b

1regional board of school trustees under Section 7-6 of this
2Code, notwithstanding any action for administrative review of
3the decision, totaling each annexing and annexed district's
4audited fund balances in their respective educational, working
5cash, operations and maintenance, and transportation funds.
6The annexing districts as constituted after the annexation
7shall be paid supplementary State aid, allocated as provided in
8this paragraph (3), in an aggregate amount equal to the sum of
9the differences between the deficit of whichever of the
10annexing or annexed districts as constituted prior to the
11annexation had the smallest deficit and the deficits of each of
12the other districts as constituted prior to the annexation. The
13aggregate amount of the supplementary State aid payable under
14this paragraph (3) shall be allocated between or among the
15annexing districts as follows:
16        (A) the regional superintendent of schools for each
17    educational service region in which an annexed district is
18    located prior to the annexation shall certify to the State
19    Board of Education, on forms that it shall provide for that
20    purpose, the value of all taxable property in each annexed
21    district, as last equalized or assessed by the Department
22    of Revenue prior to the annexation, and the equalized
23    assessed value of each part of the annexed district that
24    was annexed to or included as a part of an annexing
25    district;
26        (B) using equalized assessed values as certified by the

 

 

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1    regional superintendent of schools under clause (A) of this
2    paragraph (3), the combined audited fund balance deficit of
3    each annexed district as determined under this Section
4    shall be apportioned between or among the annexing
5    districts in the same ratio as the equalized assessed value
6    of that part of the annexed district that was annexed to or
7    included as a part of an annexing district bears to the
8    total equalized assessed value of the annexed district; and
9        (C) the aggregate supplementary State aid payment
10    under this paragraph (3) shall be allocated between or
11    among, and shall be paid to, the annexing districts in the
12    same ratio as the sum of the combined audited fund balance
13    deficit of each annexing district as constituted prior to
14    the annexation, plus all combined audited fund balance
15    deficit amounts apportioned to that annexing district
16    under clause (B) of this subsection, bears to the aggregate
17    of the combined audited fund balance deficits of all of the
18    annexing and annexed districts as constituted prior to the
19    annexation.
20    (4) For the new elementary districts and new high school
21district formed through a school district conversion, as
22defined in Section 11E-15 of this Code or the new elementary
23district or districts and new combined high school - unit
24district formed through a multi-unit conversion, as defined in
25subsection (b) of Section 11E-30 of this Code, a computation
26shall be made totaling each previously existing district's

 

 

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1audited fund balances in the educational fund, working cash
2fund, operations and maintenance fund, and transportation fund
3for the year ending June 30 prior to the referendum
4establishing the new districts. In the first year of the new
5districts, the State shall make a one-time supplementary
6payment equal to the sum of the differences between the deficit
7of the previously existing district with the smallest deficit
8and the deficits of each of the other previously existing
9districts. A district with a combined balance among the 4 funds
10that is positive shall be considered to have a deficit of zero.
11The supplementary payment shall be allocated among the newly
12formed high school and elementary districts in the manner
13provided by the petition for the formation of the districts, in
14the form in which the petition is approved by the regional
15superintendent of schools or State Superintendent of Education
16under Section 11E-50 of this Code.
17    (5) For each newly created partial elementary unit
18district, as defined in subsection (a) or (c) of Section 11E-30
19of this Code, a computation shall be made totaling the audited
20fund balances of each previously existing district that formed
21the new partial elementary unit district in the educational
22fund, working cash fund, operations and maintenance fund, and
23transportation fund for the year ending June 30 prior to the
24referendum for the formation of the partial elementary unit
25district. In the first year of the new partial elementary unit
26district, the State shall make a one-time supplementary payment

 

 

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1to the new district equal to the sum of the differences between
2the deficit of the previously existing district with the
3smallest deficit and the deficits of each of the other
4previously existing districts. A district with a combined
5balance among the 4 funds that is positive shall be considered
6to have a deficit of zero.
7    (6) For an elementary opt-in as defined in subsection (d)
8of Section 11E-30 of this Code, the deficit fund balance
9incentive shall be computed in accordance with paragraph (5) of
10this subsection (c) as if the opted-in elementary was included
11in the optional elementary unit district at the optional
12elementary unit district's original effective date. If the
13calculation in this paragraph (6) is less than that calculated
14in paragraph (5) of this subsection (c) at the optional
15elementary unit district's original effective date, then no
16adjustments may be made. If the calculation in this paragraph
17(6) is more than that calculated in paragraph (5) of this
18subsection (c) at the optional elementary unit district's
19original effective date, then the excess must be paid as
20follows:
21        (A) If the effective date for the elementary opt-in is
22    one year after the effective date for the optional
23    elementary unit district, 100% of the calculated excess
24    shall be paid to the optional elementary unit district in
25    the first year after the effective date of the elementary
26    opt-in.

 

 

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1        (B) If the effective date for the elementary opt-in is
2    2 years after the effective date for the optional
3    elementary unit district, 75% of the calculated excess
4    shall be paid to the optional elementary unit district in
5    the first year after the effective date of the elementary
6    opt-in.
7        (C) If the effective date for the elementary opt-in is
8    3 years after the effective date for the optional
9    elementary unit district, 50% of the calculated excess
10    shall be paid to the optional elementary unit district in
11    the first year after the effective date of the elementary
12    opt-in.
13        (D) If the effective date for the elementary opt-in is
14    4 years after the effective date for the optional
15    elementary unit district, 25% of the calculated excess
16    shall be paid to the optional elementary unit district in
17    the first year after the effective date of the elementary
18    opt-in.
19        (E) If the effective date for the elementary opt-in is
20    5 years after the effective date for the optional
21    elementary unit district, the optional elementary unit
22    district is not eligible for any additional incentives due
23    to the elementary opt-in.
24    (6.5) For the first year after the annexation of territory
25detached from another school district whereby the enrollment of
26the annexing district increases by 90% or more as a result of

 

 

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1the annexation, a computation shall be made totaling the
2audited fund balances of the district gaining territory and the
3audited fund balances of the district losing territory in the
4educational fund, working cash fund, operations and
5maintenance fund, and transportation fund for the year ending
6June 30 prior to the date that the change of boundaries
7attributable to the annexation is allowed by the affirmative
8decision of the regional board of school trustees under Section
97-6 of this Code, notwithstanding any action for administrative
10review of the decision. The annexing district as constituted
11after the annexation shall be paid supplementary State aid
12equal to the difference between the deficit of whichever
13district included in this calculation as constituted prior to
14the annexation had the smallest deficit and the deficit of each
15other district included in this calculation as constituted
16prior to the annexation, multiplied by the ratio of equalized
17assessed value of the territory detached to the total equalized
18assessed value of the district losing territory. The regional
19superintendent of schools for the educational service region in
20which a district losing territory is located prior to the
21annexation shall certify to the State Board of Education the
22value of all taxable property in the district losing territory
23and the value of all taxable property in the territory being
24detached, as last equalized or assessed by the Department of
25Revenue prior to the annexation. To be eligible for
26supplementary State aid reimbursement under this Section, the

 

 

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1intergovernmental agreement to be submitted pursuant to
2Section 7-14A of this Code must show that fund balances were
3transferred from the district losing territory to the district
4gaining territory in the annexation. The changes to this
5Section made by Public Act 95-707 are intended to be
6retroactive and applicable to any annexation taking effect on
7or after July 1, 2004. For annexations that are eligible for
8payments under this paragraph (6.5) and that are effective on
9or after July 1, 2004, but before January 11, 2008 (the
10effective date of Public Act 95-707), the required payment
11under this paragraph (6.5) shall be paid in the fiscal year of
12January 11, 2008 (the effective date of Public Act 95-707).
13    (7) For purposes of any calculation required under
14paragraph (1), (2), (3), (4), (5), (6), or (6.5) of this
15subsection (c), a district with a combined fund balance that is
16positive shall be considered to have a deficit of zero. For
17purposes of determining each district's audited fund balances
18in its educational fund, working cash fund, operations and
19maintenance fund, and transportation fund for the specified
20year ending June 30, as provided in paragraphs (1), (2), (3),
21(4), (5), (6), and (6.5) of this subsection (c), the balance of
22each fund shall be deemed decreased by an amount equal to the
23amount of the annual property tax theretofore levied in the
24fund by the district for collection and payment to the district
25during the calendar year in which the June 30 fell, but only to
26the extent that the tax so levied in the fund actually was

 

 

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1received by the district on or before or comprised a part of
2the fund on such June 30. For purposes of determining each
3district's audited fund balances, a calculation shall be made
4for each fund to determine the average for the 3 years prior to
5the specified year ending June 30, as provided in paragraphs
6(1), (2), (3), (4), (5), (6), and (6.5) of this subsection (c),
7of the district's expenditures in the categories "purchased
8services", "supplies and materials", and "capital outlay", as
9those categories are defined in rules of the State Board of
10Education. If this 3-year average is less than the district's
11expenditures in these categories for the specified year ending
12June 30, as provided in paragraphs (1), (2), (3), (4), (5),
13(6), and (6.5) of this subsection (c), then the 3-year average
14shall be used in calculating the amounts payable under this
15Section in place of the amounts shown in these categories for
16the specified year ending June 30, as provided in paragraphs
17(1), (2), (3), (4), (5), (6), and (6.5) of this subsection (c).
18Any deficit because of State aid not yet received may not be
19considered in determining the June 30 deficits. The same basis
20of accounting shall be used by all previously existing
21districts and by all annexing or annexed districts, as
22constituted prior to the annexation, in making any computation
23required under paragraphs (1), (2), (3), (4), (5), (6), and
24(6.5) of this subsection (c).
25    (8) The supplementary State aid payments under this
26subsection (c) shall be treated as separate from all other

 

 

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1payments made pursuant to Section 18-8.05 of this Code.
2    (d)(1) Following the formation of a combined school
3district, as defined in Section 11E-20 of this Code, a new unit
4district, as defined in Section 11E-25 of this Code, a new
5elementary district or districts and a new high school district
6formed through a school district conversion, as defined in
7Section 11E-15 of this Code, a new partial elementary unit
8district, as defined in Section 11E-30 of this Code, or a new
9elementary district or districts formed through a multi-unit
10conversion, as defined in subsection (b) of Section 11E-30 of
11this Code, or the annexation of all of the territory of one or
12more entire school districts by one or more other school
13districts, as defined in Article 7 of this Code, a
14supplementary State aid reimbursement shall be paid for the
15number of school years determined under the following table to
16each new or annexing district equal to the sum of $4,000 for
17each certified employee who is employed by the district on a
18full-time basis for the regular term of the school year:
 
19Reorganized District's RankReorganized District's Rank
20by type of district (unit,in Average Daily Attendance
21high school, elementary)By Quintile
22in Equalized Assessed Value
23Per Pupil by Quintile
243rd, 4th,
251st2ndor 5th

 

 

 

SB2461- 29 -LRB101 16293 CMG 65666 b

1QuintileQuintileQuintile
2    1st Quintile1 year1 year1 year
3    2nd Quintile1 year2 years2 years
4    3rd Quintile2 years3 years3 years
5    4th Quintile2 years3 years3 years
6    5th Quintile2 years3 years3 years
7The State Board of Education shall make a one-time calculation
8of a reorganized district's quintile ranks. The average daily
9attendance used in this calculation shall be the best 3 months'
10average daily attendance for the district's first year. The
11equalized assessed value per pupil shall be the district's real
12property equalized assessed value used in calculating the
13district's first-year general State aid claim, under Section
1418-8.05 of this Code, or first-year evidence-based funding
15claim, under Section 18-8.15 of this Code, as applicable,
16divided by the best 3 months' average daily attendance.
17    No annexing or resulting school district shall be entitled
18to supplementary State aid under this subsection (d) unless the
19district acquires at least 30% of the average daily attendance
20of the district from which the territory is being detached or
21divided.
22    If a district results from multiple reorganizations that
23would otherwise qualify the district for multiple payments
24under this subsection (d) in any year, then the district shall
25receive a single payment only for that year based solely on the

 

 

SB2461- 30 -LRB101 16293 CMG 65666 b

1most recent reorganization.
2    (2) For an elementary opt-in, as defined in subsection (d)
3of Section 11E-30 of this Code, the full-time certified staff
4incentive shall be computed in accordance with paragraph (1) of
5this subsection (d), equal to the sum of $4,000 for each
6certified employee of the elementary district that opts-in who
7is employed by the optional elementary unit district on a
8full-time basis for the regular term of the school year. The
9calculation from this paragraph (2) must be paid as follows:
10        (A) If the effective date for the elementary opt-in is
11    one year after the effective date for the optional
12    elementary unit district, 100% of the amount calculated in
13    this paragraph (2) shall be paid to the optional elementary
14    unit district for the number of years calculated in
15    paragraph (1) of this subsection (d) at the optional
16    elementary unit district's original effective date,
17    starting in the second year after the effective date of the
18    elementary opt-in.
19        (B) If the effective date for the elementary opt-in is
20    2 years after the effective date for the optional
21    elementary unit district, 75% of the amount calculated in
22    this paragraph (2) shall be paid to the optional elementary
23    unit district for the number of years calculated in
24    paragraph (1) of this subsection (d) at the optional
25    elementary unit district's original effective date,
26    starting in the second year after the effective date of the

 

 

SB2461- 31 -LRB101 16293 CMG 65666 b

1    elementary opt-in.
2        (C) If the effective date for the elementary opt-in is
3    3 years after the effective date for the optional
4    elementary unit district, 50% of the amount calculated in
5    this paragraph (2) shall be paid to the optional elementary
6    unit district for the number of years calculated in
7    paragraph (1) of this subsection (d) at the optional
8    elementary unit district's original effective date,
9    starting in the second year after the effective date of the
10    elementary opt-in.
11        (D) If the effective date for the elementary opt-in is
12    4 years after the effective date for the optional
13    elementary unit district, 25% of the amount calculated in
14    this paragraph (2) shall be paid to the optional elementary
15    unit district for the number of years calculated in
16    paragraph (1) of this subsection (d) at the optional
17    elementary unit district's original effective date,
18    starting in the second year after the effective date of the
19    elementary opt-in.
20        (E) If the effective date for the elementary opt-in is
21    5 years after the effective date for the optional
22    elementary unit district, the optional elementary unit
23    district is not eligible for any additional incentives due
24    to the elementary opt-in.
25    (2.5) Following the formation of a cooperative high school
26by 2 or more school districts under Section 10-22.22c of this

 

 

SB2461- 32 -LRB101 16293 CMG 65666 b

1Code, a supplementary State aid reimbursement shall be paid for
23 school years to the cooperative high school equal to the sum
3of $4,000 for each certified employee who is employed by the
4cooperative high school on a full-time basis for the regular
5term of any such school year. If a cooperative high school
6results from multiple agreements that would otherwise qualify
7the cooperative high school for multiple payments under this
8Section in any year, the cooperative high school shall receive
9a single payment for that year based solely on the most recent
10agreement.
11    (2.10) Following the annexation of territory detached from
12another school district whereby the enrollment of the annexing
13district increases 90% or more as a result of the annexation, a
14supplementary State aid reimbursement shall be paid to the
15annexing district equal to the sum of $4,000 for each certified
16employee who is employed by the annexing district on a
17full-time basis and shall be calculated in accordance with
18subsection (a) of this Section. To be eligible for
19supplementary State aid reimbursement under this Section, the
20intergovernmental agreement to be submitted pursuant to
21Section 7-14A of this Code must show that certified staff
22members were transferred from the control of the district
23losing territory to the control of the district gaining
24territory in the annexation. The changes to this Section made
25by Public Act 95-707 are intended to be retroactive and
26applicable to any annexation taking effect on or after July 1,

 

 

SB2461- 33 -LRB101 16293 CMG 65666 b

12004. For annexations that are eligible for payments under this
2paragraph (2.10) and that are effective on or after July 1,
32004, but before January 11, 2008 (the effective date of Public
4Act 95-707), the first required yearly payment under this
5paragraph (2.10) shall be paid in the second fiscal year after
6January 11, 2008 (the effective date of Public Act 95-707). Any
7subsequent required yearly payments shall be paid in subsequent
8fiscal years until the payment obligation under this paragraph
9(2.10) is complete.
10    (2.15) Following the deactivation of a school facility in
11accordance with Section 10-22.22b of this Code, a supplementary
12State aid reimbursement shall be paid for the lesser of 3
13school years or the length of the deactivation agreement,
14including any renewals of the original deactivation agreement,
15to each receiving school district equal to the sum of $4,000
16for each certified employee who is employed by that receiving
17district on a full-time basis for the regular term of any such
18school year who was originally transferred to the control of
19that receiving district as a result of the deactivation.
20Receiving districts are eligible for payments under this
21paragraph (2.15) based on the certified employees transferred
22to that receiving district as a result of the deactivation and
23are not required to receive at least 30% of the deactivating
24district's average daily attendance as required under
25paragraph (1) of this subsection (d) to be eligible for
26payments.

 

 

SB2461- 34 -LRB101 16293 CMG 65666 b

1    (3) The supplementary State aid reimbursement payable
2under this subsection (d) shall be separate from and in
3addition to all other payments made to the district pursuant to
4any other Section of this Article.
5    (4) During May of each school year for which a
6supplementary State aid reimbursement is to be paid to a new,
7annexing, or receiving school district or cooperative high
8school pursuant to this subsection (d), the school board or
9governing board shall certify to the State Board of Education,
10on forms furnished to the school board or governing board by
11the State Board of Education for purposes of this subsection
12(d), the number of certified employees for which the district
13or cooperative high school is entitled to reimbursement under
14this Section, together with the names, certificate numbers, and
15positions held by the certified employees.
16    (5) Upon certification by the State Board of Education to
17the State Comptroller of the amount of the supplementary State
18aid reimbursement to which a school district or cooperative
19high school is entitled under this subsection (d), the State
20Comptroller shall draw his or her warrant upon the State
21Treasurer for the payment thereof to the school district or
22cooperative high school and shall promptly transmit the payment
23to the school district or cooperative high school through the
24appropriate school treasurer.
25(Source: P.A. 100-465, eff. 8-31-17.)
 

 

 

SB2461- 35 -LRB101 16293 CMG 65666 b

1    (105 ILCS 5/11E-140 new)
2    Sec. 11E-140. School District Efficiency Commission.
3    (a) The School District Efficiency Commission is created.
4The purpose of the Commission is to provide recommendations to
5the Governor, the General Assembly, and the public regarding
6the optimal number of school districts in this State, the
7optimal student enrollment amount for a school district, and
8locations in this State where the reorganization and
9realignment of school districts would be beneficial. The
10Commission shall consist of all of the following voting
11members:
12        (1) One member appointed by the Governor, who shall
13    serve as the chairperson.
14        (2) One member appointed by the State Board of
15    Education.
16        (3) One representative appointed by the Speaker of the
17    House of Representatives.
18        (4) One representative appointed by the Minority
19    Leader of the House of Representatives.
20        (5) One senator appointed by the President of the
21    Senate.
22        (6) One senator appointed by the Minority Leader of the
23    Senate.
24        (7) A representative appointed by the head of the
25    largest statewide professional teachers' organization, as
26    measured by the number of members reported in its most

 

 

SB2461- 36 -LRB101 16293 CMG 65666 b

1    recent federal Form LM-2 Labor Organization Annual Report.
2        (8) A representative appointed by the head of the
3    second largest statewide professional teachers'
4    organization, as measured by the number of members reported
5    in its most recent federal Form LM-2 Labor Organization
6    Annual Report.
7        (9) A representative appointed by the head of an
8    organization that represents school boards, selected by
9    the chairperson of the Commission.
10        (10) A representative appointed by the head of a
11    statewide organization that represents school principals,
12    selected by the chairperson of the Commission.
13        (11) A parent of a child enrolled in or a teacher or an
14    administrator employed by a school located in the West Cook
15    region of the State Board of Education's Statewide System
16    of Support Fiscal Agents (Region 1-B-B), appointed by the
17    chairperson of the Commission.
18        (12) A parent of a child enrolled in or a teacher or an
19    administrator employed by a school located in the South
20    Cook region of the State Board of Education's Statewide
21    System of Support Fiscal Agents (Region 1-B-C), appointed
22    by the chairperson of the Commission.
23        (13) A parent of a child enrolled in or a teacher or an
24    administrator employed by a school located in the North
25    Cook region of the State Board of Education's Statewide
26    System of Support Fiscal Agents (Region 1-B-D), appointed

 

 

SB2461- 37 -LRB101 16293 CMG 65666 b

1    by the chairperson of the Commission.
2        (14) A parent of a child enrolled in or a teacher or an
3    administrator employed by a school located in the Northeast
4    region of the State Board of Education's Statewide System
5    of Support Fiscal Agents (Area 1-C), appointed by the
6    chairperson of the Commission.
7        (15) A parent of a child enrolled in or a teacher or an
8    administrator employed by a school located in the Northwest
9    region of the State Board of Education's Statewide System
10    of Support Fiscal Agents (Area 2), appointed by the
11    chairperson of the Commission.
12        (16) A parent of a child enrolled in or a teacher or an
13    administrator employed by a school located in the West
14    Central region of the State Board of Education's Statewide
15    System of Support Fiscal Agents (Area 3), appointed by the
16    chairperson of the Commission.
17        (17) A parent of a child enrolled in or a teacher or an
18    administrator employed by a school located in the East
19    Central region of the State Board of Education's Statewide
20    System of Support Fiscal Agents (Area 4), appointed by the
21    chairperson of the Commission.
22        (18) A parent of a child enrolled in or a teacher or an
23    administrator employed by a school located in the Southwest
24    region of the State Board of Education's Statewide System
25    of Support Fiscal Agents (Area 5), appointed by the
26    chairperson of the Commission.

 

 

SB2461- 38 -LRB101 16293 CMG 65666 b

1        (19) A parent of a child enrolled in or a teacher or an
2    administrator employed by a school located in the Southeast
3    region of the State Board of Education's Statewide System
4    of Support Fiscal Agents (Area 6), appointed by the
5    chairperson of the Commission.
6        (20) A representative appointed by the head of an
7    association that represents school business officials,
8    selected by the chairperson of the Commission.
9        (21) A representative appointed by the head of an
10    association that represents school administrators,
11    selected by the chairperson of the Commission.
12        (22) A representative appointed by the head of an
13    association that represents administrators of special
14    education, selected by the chairperson of the Commission.
15        (23) A representative appointed by the head of a
16    statewide parent organization, selected by the chairperson
17    of the Commission.
18        (24) A representative appointed by the head of an
19    organization that represents high school districts,
20    selected by the chairperson of the Commission.
21        (25) A representative appointed by the head of an
22    association that represents regional superintendents of
23    schools, selected by the chairperson of the Commission.
24    Members shall serve without compensation, but shall be
25reimbursed for their reasonable and necessary expenses from
26funds appropriated for that purpose. Members shall be

 

 

SB2461- 39 -LRB101 16293 CMG 65666 b

1reimbursed for their travel expenses from appropriations to the
2State Board of Education made available for that purpose and
3subject to the rules of the appropriate travel control board.
4    The Commission shall meet at the call of the chairperson,
5with the initial meeting to occur as soon as possible after the
6effective date of this amendatory Act of the 101st General
7Assembly. The Commission shall hold public hearings throughout
8the State. The chairperson is authorized to form subcommittees
9to represent each of the 9 regions of the State Board of
10Education's Statewide System of Support Fiscal Agents that do
11not include the Chicago region (Region 1-A) to facilitate the
12public hearings. Any subcommittees formed shall each be chaired
13by the member of the Commission appointed under whichever of
14paragraphs (11) through (19) of this subsection (a) who is
15associated with the relevant region. Each subcommittee
16chairperson shall appoint 4 members of the subcommittee, each
17member being a parent of a child enrolled in or a teacher or an
18administrator employed by a school located in the region
19represented by the subcommittee. Each subcommittee shall
20report its findings from a public hearing to the Commission.
21Each subcommittee is authorized to make recommendations under
22paragraph (5) of subsection (b) regarding the reorganization of
23school districts located in its region.
24    The State Board shall provide administrative assistance
25and necessary staff support services to the Commission.
26    (b) Recommendations of the School District Efficiency

 

 

SB2461- 40 -LRB101 16293 CMG 65666 b

1Commission must focus on all of the following areas:
2        (1) Reducing the money spent on the duplication of
3    efforts.
4        (2) Improving the education of students by having fewer
5    obstacles between qualified teachers and their students.
6        (3) Lowering the property tax burden.
7        (4) Providing recommendations on what the net cost
8    savings of realignment is to this State.
9        (5) With a view toward reducing unnecessary
10    administrative costs, improving the education of students,
11    and lowering the property tax burden, drafting specific
12    recommendations to reduce the statewide total number of
13    school districts by no less than 25% through the
14    reorganization of school districts into unit districts
15    under Section 11E-25 of this Code. Each recommendation
16    under this paragraph (5) must include all of the following:
17            (A) A request to submit a proposition at the next
18        general election for the purpose of voting for or
19        against the establishment of a combined unit district.
20            (B) A description of the territory comprising the
21        districts proposed to be dissolved and those to be
22        created, which, for an entire district, may be a
23        general reference to all of the territory included
24        within that district.
25            (C) A specification of the maximum tax rates the
26        proposed district or districts are authorized to levy

 

 

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1        for various purposes and, if applicable, the
2        specifications related to the Property Tax Extension
3        Limitation Law, in accordance with Section 11E-80 of
4        this Code.
5    The Commission may not make any recommendations under this
6subsection that would provide for the consolidation of
7individual schools.
8    (c) On or before May 1, 2021, the School District
9Efficiency Commission must vote on its recommendations and file
10a report with the Governor and the General Assembly. If the
11Commission adopts the report recommendations by an affirmative
12vote of at least 13 of its members, then the Commission's
13specific recommendations for reorganization of school
14districts into unit districts under paragraph (5) of subsection
15(b) shall be filed with the appropriate regional superintendent
16of schools in the same form as petitions filed under Section
1711E-35 of this Code.
18    (d) Upon receiving the filed petition as provided in
19subsection (c), the regional superintendent of schools shall do
20both of the following:
21        (1) Cause a copy of the petition to be given to each
22    school board of the affected school districts and to the
23    regional superintendent of schools of any other
24    educational service region in which territory described in
25    the petition is situated.
26        (2) Cause a notice thereof to be published at least

 

 

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1    once each week for 3 successive weeks in at least one
2    newspaper having general circulation within the area of all
3    of the territory of the proposed district or districts. The
4    expense of publishing the notice shall be borne by the
5    School District Efficiency Commission.
6    (e) The notice described in paragraph (2) of subsection (d)
7shall state all of the following:
8        (1) When and to whom the petition was presented.
9        (2) The recommended proposition contained in the
10    petition.
11        (3) A description of the territory comprising the
12    districts proposed to be dissolved and those to be created,
13    which, for an entire district, may be a general reference
14    to all of the territory included within that district.
15    (f) Within 14 days after receipt of the petition, the
16regional superintendent of schools shall inform the School
17District Efficiency Commission whether the petition, as
18amended or filed, is in compliance with all applicable
19requirements set forth in the Election Code. If the regional
20superintendent determines that the petition is not in
21compliance with any applicable requirement set forth in the
22Election Code, the regional superintendent must identify the
23specific defect or defects in the petition and provide specific
24recommendations to cure the defect or defects. Within 14 days
25after receipt of the regional superintendent's specific
26recommendations to cure defects in the petition, the Commission

 

 

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1may amend the petition to cure the defect or defects.
2    (g) Within 14 days after receipt of the amended petition
3submitted by the School District Efficiency Commission in
4response to the specific recommendations of the regional
5superintendent of schools, the regional superintendent shall,
6upon determining that the petition is in compliance with all
7applicable requirements set forth in the Election Code, through
8a written order, approve the petition, or, if the regional
9superintendent determines that the amended petition is not in
10compliance with the Election Code, the regional superintendent
11shall deny the petition.
12    (h) Upon approving or denying the petition, the regional
13superintendent of schools shall submit the petition and all
14evidence to the State Superintendent of Education. The State
15Superintendent shall review the petition, and, if any, the
16written order from the regional superintendent. Within 21 days
17after receipt of the decision made by the regional
18superintendent, the State Superintendent shall determine
19whether the petition is in compliance with all applicable
20requirements set forth in the Election Code, and, through a
21written order, either approve or deny the petition. If the
22petition is denied, the State Superintendent shall state, in
23writing, the specific reason or reasons for the failure of the
24petition to be in compliance with the applicable provisions of
25the Election Code. The decision of the State Superintendent
26shall be deemed an administrative decision as defined in

 

 

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1Section 3-101 of the Code of Civil Procedure. The State
2Superintendent shall provide a copy of the decision by
3certified mail, return receipt requested, to: (i) the School
4District Efficiency Commission; (ii) each school board of a
5district located within the territory described in the
6petition; (iii) the regional superintendent of schools with
7whom the petition was filed; and (iv) the regional
8superintendent of schools of any other educational service
9region within the territory described in the petition. If the
10petition is approved, the State Superintendent of Education
11shall consider the approved petition as a petition approved by
12the State Superintendent of Education under subsection (b) of
13Section 11E-50 of this Code.
14    (i) Any member of the School District Efficiency Commission
15or any school board of a district located within the territory
16described in the petition may, within 35 days after a copy of
17the decision sought to be reviewed was delivered by certified
18mail, return receipt requested, to the party affected or to the
19attorney of record for that party, apply for a review of an
20administrative decision of the State Superintendent of
21Education in accordance with the Administrative Review Law and
22any rules adopted pursuant to the Administrative Review Law.
23The commencement of any action or review shall operate as a
24supersedeas, and no further proceedings shall be had until
25final disposition of the review. The circuit court of the
26county in which the petition is filed with the regional

 

 

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1superintendent of schools shall have sole jurisdiction to hear
2a complaint for review.
3    (j) This Section is repealed on January 31, 2023.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.