Rep. Rita Mayfield

Filed: 4/12/2021

 

 


 

 


 
10200HB0007ham002LRB102 02691 CMG 23739 a

1
AMENDMENT TO HOUSE BILL 7

2    AMENDMENT NO. ______. Amend House Bill 7 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as the Classrooms
5First Act.
 
6    Section 5. The School Code is amended by changing Sections
711E-35, 11E-40, 11E-45, 11E-50, and 11E-135 and by adding
8Section 11E-140 as follows:
 
9    (105 ILCS 5/11E-35)
10    Sec. 11E-35. Petition filing.
11    (a) A petition shall be filed with the regional
12superintendent of schools of the educational service region in
13which the territory described in the petition or that part of
14the territory with the greater percentage of equalized
15assessed valuation is situated. The petition must do the

 

 

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1following: (1) be signed by at least 50 legal resident voters
2or 10% of the legal resident voters, whichever is less,
3residing within each affected district; or (2) be approved by
4the school board in each affected district.
5    (b) The petition shall contain all of the following:
6        (1) A request to submit the proposition at a regular
7    scheduled election for the purpose of voting:
8            (A) for or against a high school - unit
9        conversion;
10            (B) for or against a unit to dual conversion;
11            (C) for or against the establishment of a combined
12        elementary district;
13            (D) for or against the establishment of a combined
14        high school district;
15            (E) for or against the establishment of a combined
16        unit district;
17            (F) for or against the establishment of a unit
18        district from dual district territory exclusively;
19            (G) for or against the establishment of a unit
20        district from both dual district and unit district
21        territory;
22            (H) for or against the establishment of a combined
23        high school - unit district from a combination of one
24        or more high school districts and one or more unit
25        districts;
26            (I) for or against the establishment of a combined

 

 

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1        high school - unit district and one or more new
2        elementary districts through a multi-unit conversion;
3            (J) for or against the establishment of an
4        optional elementary unit district from a combination
5        of a substantially coterminous dual district; or
6            (K) for or against dissolving and becoming part of
7        an optional elementary unit district.
8        (2) A description of the territory comprising the
9    districts proposed to be dissolved and those to be
10    created, which, for an entire district, may be a general
11    reference to all of the territory included within that
12    district.
13        (3) A specification of the maximum tax rates for
14    various purposes the proposed district or districts shall
15    be authorized to levy for various purposes and, if
16    applicable, the specifications related to the Property Tax
17    Extension Limitation Law, in accordance with Section
18    11E-80 of this Code.
19        (4) A description of how supplementary State deficit
20    difference payments made under subsection (c) of Section
21    11E-135 of this Code will be allocated among the new
22    districts proposed to be formed.
23        (5) Where applicable, a division of assets and
24    liabilities to be allocated to the proposed new or
25    annexing school district or districts in the manner
26    provided in Section 11E-105 of this Code.

 

 

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1        (6) If desired, a request that at that same election
2    as the reorganization proposition a school board or boards
3    be elected on a separate ballot or ballots to serve as the
4    school board or boards of the proposed new district or
5    districts. Any election of board members at the same
6    election at which the proposition to create the district
7    or districts to be served by the board or boards is
8    submitted to the voters shall proceed under the
9    supervision of the regional superintendent of schools as
10    provided in Section 11E-55 of this Code.
11        (7) If desired, a request that the referendum at which
12    the proposition is submitted for the purpose of voting for
13    or against the establishment of a unit district (other
14    than a partial elementary unit district) include as part
15    of the proposition the election of board members by school
16    board district rather than at large. Any petition
17    requesting the election of board members by district shall
18    divide the proposed school district into 7 school board
19    districts, each of which must be compact and contiguous
20    and substantially equal in population to each other school
21    board district. Any election of board members by school
22    board district shall proceed under the supervision of the
23    regional superintendent of schools as provided in Section
24    11E-55 of this Code.
25        (8) If desired, a request that the referendum at which
26    the proposition is submitted for the purpose of voting for

 

 

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1    or against the establishment of a unit to dual conversion
2    include as part of the proposition the election of board
3    members for the new high school district (i) on an at large
4    basis, (ii) with board members representing each of the
5    forming elementary school districts, or (iii) a
6    combination of both. The format for the election of the
7    new high school board must be defined in the petition.
8    When 4 or more unit school districts and a combination of
9    board members representing each of the forming elementary
10    school districts are involved and at large formats are
11    used, one member must be elected from each of the forming
12    elementary school districts. The remaining members may be
13    elected on an at large basis, provided that none of the
14    underlying elementary school districts have a majority on
15    the resulting high school board. When 3 unit school
16    districts and a combination of board members representing
17    each of the forming elementary school districts are
18    involved and at large formats are used, 2 members must be
19    elected from each of the forming elementary school
20    districts. The remaining member must be elected at large.
21        (9) If desired, a request that the referendum at which
22    the proposition shall be submitted include a proposition
23    on a separate ballot authorizing the issuance of bonds by
24    the district or districts when organized in accordance
25    with this Article. However, if the petition is submitted
26    for the purpose of voting for or against the establishment

 

 

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1    of an optional elementary unit district, the petition may
2    request only that the referendum at which the proposition
3    is submitted include a proposition on a separate ballot
4    authorizing the issuance of bonds for high school purposes
5    (and not elementary purposes) by the district when
6    organized in accordance with this Article. The principal
7    amount of the bonds and the purposes of issuance,
8    including a specification of elementary or high school
9    purposes if the proposed issuance is to be made by a
10    combined high school - unit district, shall be stated in
11    the petition and in all notices and propositions submitted
12    thereunder. Only residents in the territory of the
13    district proposing the bond issuance may vote on the bond
14    issuance.
15        (10) A designation of a committee of ten of the
16    petitioners as attorney in fact for all petitioners, any 7
17    of whom may at any time, prior to the final decision of the
18    regional superintendent of schools, amend the petition in
19    all respects (except that, for a unit district formation,
20    there may not be an increase or decrease of more than 25%
21    of the territory to be included in the proposed district)
22    and make binding stipulations on behalf of all petitioners
23    as to any question with respect to the petition, including
24    the power to stipulate to accountings or the waiver
25    thereof between school districts.
26    (c) The regional superintendent of schools shall not

 

 

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1accept for filing under the authority of this Section any
2petition that includes any territory already included as part
3of the territory described in another pending petition filed
4under the authority of this Section.
5    (d)(1) Those designated as the Committee of Ten shall
6serve in that capacity until such time as the regional
7superintendent of schools determines that, because of death,
8resignation, transfer of residency from the territory, failure
9to qualify, or any other reason, the office of a particular
10member of the Committee of Ten is vacant. Upon determination
11by the regional superintendent of schools that these vacancies
12exist, he or she shall declare the vacancies and shall notify
13the remaining members to appoint a petitioner or petitioners,
14as the case may be, to fill the vacancies in the Committee of
15Ten so designated. An appointment by the Committee of Ten to
16fill a vacancy shall be made by a simple majority vote of the
17designated remaining members.
18    (2) Failure of a person designated as a member of the
19Committee of Ten to sign the petition shall not disqualify
20that person as a member of the Committee of Ten, and that
21person may sign the petition at any time prior to final
22disposition of the petition and the conclusion of the
23proceedings to form a new school district or districts,
24including all litigation pertaining to the petition or
25proceedings.
26    (3) Except as stated in item (10) of subsection (b) of this

 

 

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1Section, the Committee of Ten shall act by majority vote of the
2membership.
3    (4) The regional superintendent of schools may accept a
4stipulation made by the Committee of Ten instead of evidence
5or proof of the matter stipulated or may refuse to accept the
6stipulation, provided that the regional superintendent sets
7forth the basis for the refusal.
8    (5) The Committee of Ten may voluntarily dismiss its
9petition at any time before a final decision is issued by the
10State Superintendent of Education.
11(Source: P.A. 94-1019, eff. 7-10-06; 95-903, eff. 8-25-08.)
 
12    (105 ILCS 5/11E-40)
13    Sec. 11E-40. Notice and petition amendments.
14    (a) Upon the filing of a petition with the regional
15superintendent of schools as provided in Section 11E-35 of
16this Code, the regional superintendent shall do all of the
17following:
18        (1) Cause a copy of the petition to be given to each
19    school board of the affected districts and the regional
20    superintendent of schools of any other educational service
21    region in which territory described in the petition is
22    situated.
23        (2) Cause a notice thereof to be published at least
24    once each week for 3 successive weeks in at least one
25    newspaper having general circulation within the area of

 

 

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1    all of the territory of the proposed district or
2    districts. The expense of publishing the notice shall be
3    borne by the petitioners and paid on behalf of the
4    petitioners by the Committee of Ten.
5    (a-5) Upon receiving the copy of the petition from the
6regional superintendent, the school boards of the affected
7districts shall, if those districts maintain an official
8website, cause a copy of the petition to be published on the
9website, with a link to the recommendation hosted prominently
10on the homepage of the website through the date of the next
11general election.
12    (b) The notice shall state all of the following:
13        (1) When and to whom the petition was presented.
14        (2) The prayer of the petition.
15        (3) A description of the territory comprising the
16    districts proposed to be dissolved and those to be
17    created, which, for an entire district, may be a general
18    reference to all of the territory included within that
19    district.
20        (4) If applicable, the proposition to elect, by
21    separate ballot, school board members at the same
22    election, indicating whether the board members are to be
23    elected at large or by school board district.
24        (5) If requested in the petition, the proposition to
25    issue bonds, indicating the amount and purpose thereof.
26        (6) The day, time, and location on which the hearing

 

 

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1    on the action proposed in the petition shall be held.
2    (c) The requirements of subsection (g) of Section 28-2 of
3the Election Code do not apply to any petition filed under this
4Article. Notwithstanding any provision to the contrary
5contained in the Election Code, the regional superintendent of
6schools shall make all determinations regarding the validity
7of the petition, including without limitation signatures on
8the petition, subject to State Superintendent and
9administrative review in accordance with Section 11E-50 of
10this Code.
11    (d) Prior to the hearing described in Section 11E-45 of
12this Code, the regional superintendent of schools shall inform
13the Committee of Ten as to whether the petition, as amended or
14filed, is proper and in compliance with all applicable
15petition requirements set forth in the Election Code. If the
16regional superintendent determines that the petition is not in
17proper order or not in compliance with any applicable petition
18requirements set forth in the Election Code, the regional
19superintendent must identify the specific alleged defects in
20the petition and include specific recommendations to cure the
21alleged defects. The Committee of Ten may amend the petition
22to cure the alleged defects at any time prior to the receipt of
23the regional superintendent's written order made in accordance
24with subsection (a) of Section 11E-50 of this Code or may elect
25not to amend the petition, in which case the Committee of Ten
26may appeal a denial by the regional superintendent following

 

 

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1the hearing in accordance with Section 11E-50 of this Code.
2(Source: P.A. 94-1019, eff. 7-10-06; 95-903, eff. 8-25-08.)
 
3    (105 ILCS 5/11E-45)
4    Sec. 11E-45. Hearing.
5    (a) No more than 15 days after the last date on which the
6required notice under Section 11E-40 of this Code is
7published, the regional superintendent of schools with whom
8the petition is required to be filed shall hold a hearing on
9the petition. Prior to the hearing, the Committee of Ten shall
10submit to the regional superintendent maps showing the
11districts involved and any other information deemed pertinent
12by the Committee of Ten to the proposed action. The regional
13superintendent of schools may adjourn the hearing from time to
14time or may continue the matter for want of sufficient notice
15or other good cause.
16    (b) At the hearing, the regional superintendent of schools
17shall allow public testimony on the action proposed in the
18petition. The Committee of Ten shall present, or arrange for
19the presentation of all of the following:
20        (1) Evidence as to the school needs and conditions in
21    the territory described in the petition and the area
22    adjacent thereto.
23        (2) Evidence with respect to the ability of the
24    proposed district or districts to meet standards of
25    recognition as prescribed by the State Board of Education.

 

 

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1        (3) A consideration of the division of funds and
2    assets that will occur if the petition is approved.
3        (4) A description of the maximum tax rates the
4    proposed district or districts is authorized to levy for
5    various purposes and, if applicable, the specifications
6    related to the Property Tax Extension Limitation Law, in
7    accordance with Section 11E-80 of this Code.
8        (5) For a non-contiguous combined school district, as
9    specified in paragraph (3) of subsection (a), paragraph
10    (2) of subsection (b), or paragraph (2) of subsection (c)
11    of Section 11E-20 of this Code, evidence that the action
12    proposed in the petition meets the requirements of the
13    respective paragraph.
14    (c) Any regional superintendent of schools entitled under
15the provisions of this Article to be given a copy of the
16petition, and any resident or representative of a school
17district in which any territory described in the petition is
18situated, and, in the case of a hearing on a petition
19recommended by the Efficient School District Commission under
20Section 11E-140 of this Code, a member of the Efficient School
21District Commission or one of its subcommittees may appear in
22person or by an attorney at law to provide oral or written
23testimony or both in relation to the action proposed in the
24petition.
25    (d) The regional superintendent of schools shall arrange
26for a written transcript of the hearing. The expense of the

 

 

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1written transcript shall be borne by the petitioners and paid
2on behalf of the petitioners by the Committee of Ten.
3(Source: P.A. 98-125, eff. 8-2-13.)
 
4    (105 ILCS 5/11E-50)
5    Sec. 11E-50. Approval or denial of the petition;
6administrative review.
7    (a) Within 14 days after the conclusion of the hearing
8under Section 11E-45 of this Code, the regional superintendent
9of schools shall, upon determining the petition is in
10compliance with applicable requirements set forth in the
11Election Code, approve the proposition through a written order
12or, if the regional superintendent of schools determines that
13the petition is not in compliance with the Election Code, deny
14the petition through a written order take into consideration
15the school needs and conditions of the affected districts and
16in the area adjacent thereto, the division of funds and assets
17that will result from the action described in the petition,
18the best interests of the schools of the area, and the best
19interests and the educational welfare of the pupils residing
20therein and, through a written order, either approve or deny
21the petition. If the regional superintendent fails to act upon
22a petition within 14 days after the conclusion of the hearing,
23the regional superintendent shall be deemed to have denied the
24petition.
25    (b) Upon approving or denying the petition, the regional

 

 

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1superintendent of schools shall submit the petition and all
2evidence to the State Superintendent of Education. The State
3Superintendent shall review the petition, the record of the
4hearing, and the written order of the regional superintendent,
5if any. Within 21 days after the receipt of the regional
6superintendent's decision, the State Superintendent shall,
7upon determining the petition is in compliance with applicable
8requirements set forth in the Election Code, approve the
9petition through a written order or, if the State
10Superintendent determines that the petition is not in
11compliance with the Election Code, deny the petition through a
12written order take into consideration the school needs and
13conditions of the affected districts and in the area adjacent
14thereto, the division of funds and assets that will result
15from the action described in the petition, the best interests
16of the schools of the area, and the best interests and the
17educational welfare of the pupils residing therein and,
18through a written order, either approve or deny the petition.
19If the State Superintendent denies the petition, the State
20Superintendent shall set forth in writing the specific basis
21for the denial. The decision of the State Superintendent shall
22be deemed an administrative decision as defined in Section
233-101 of the Code of Civil Procedure. The State Superintendent
24shall provide a copy of the decision by certified mail, return
25receipt requested, to the Committee of Ten, any person
26appearing in support or opposition of the petition at the

 

 

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1hearing, each school board of a district in which territory
2described in the petition is situated, the regional
3superintendent with whom the petition was filed, and the
4regional superintendent of schools of any other educational
5service region in which territory described in the petition is
6situated.
7    (c) Any resident of any territory described in the
8petition who appears in support of or opposition to the
9petition at the hearing or any petitioner or school board of
10any district in which territory described in the petition is
11situated may, within 35 days after a copy of the decision
12sought to be reviewed was served by certified mail, return
13receipt requested, upon the party affected thereby or upon the
14attorney of record for the party, apply for a review of an
15administrative decision of the State Superintendent of
16Education in accordance with the Administrative Review Law and
17any rules adopted pursuant to the Administrative Review Law.
18The commencement of any action for review shall operate as a
19supersedeas, and no further proceedings shall be had until
20final disposition of the review. The circuit court of the
21county in which the petition is filed with the regional
22superintendent of schools shall have sole jurisdiction to
23entertain a complaint for the review.
24(Source: P.A. 94-1019, eff. 7-10-06; 95-903, eff. 8-25-08.)
 
25    (105 ILCS 5/11E-135)

 

 

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1    Sec. 11E-135. Incentives. Except as provided under Section
211E-140, for For districts reorganizing under this Article and
3for a district or districts that annex all of the territory of
4one or more entire other school districts in accordance with
5Article 7 of this Code, the following payments shall be made
6from appropriations made for these purposes:
7    (a)(1) For a combined school district, as defined in
8Section 11E-20 of this Code, or for a unit district, as defined
9in Section 11E-25 of this Code, for its first year of
10existence, the general State aid and supplemental general
11State aid calculated under Section 18-8.05 of this Code or the
12evidence-based funding calculated under Section 18-8.15 of
13this Code, as applicable, shall be computed for the new
14district and for the previously existing districts for which
15property is totally included within the new district. If the
16computation on the basis of the previously existing districts
17is greater, a supplementary payment equal to the difference
18shall be made for the first 4 years of existence of the new
19district.
20    (2) For a school district that annexes all of the
21territory of one or more entire other school districts as
22defined in Article 7 of this Code, for the first year during
23which the change of boundaries attributable to the annexation
24becomes effective for all purposes, as determined under
25Section 7-9 of this Code, the general State aid and
26supplemental general State aid calculated under Section

 

 

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118-8.05 of this Code or the evidence-based funding calculated
2under Section 18-8.15 of this Code, as applicable, shall be
3computed for the annexing district as constituted after the
4annexation and for the annexing and each annexed district as
5constituted prior to the annexation; and if the computation on
6the basis of the annexing and annexed districts as constituted
7prior to the annexation is greater, then a supplementary
8payment equal to the difference shall be made for the first 4
9years of existence of the annexing school district as
10constituted upon the annexation.
11    (3) For 2 or more school districts that annex all of the
12territory of one or more entire other school districts, as
13defined in Article 7 of this Code, for the first year during
14which the change of boundaries attributable to the annexation
15becomes effective for all purposes, as determined under
16Section 7-9 of this Code, the general State aid and
17supplemental general State aid calculated under Section
1818-8.05 of this Code or the evidence-based funding calculated
19under Section 18-8.15 of this Code, as applicable, shall be
20computed for each annexing district as constituted after the
21annexation and for each annexing and annexed district as
22constituted prior to the annexation; and if the aggregate of
23the general State aid and supplemental general State aid or
24evidence-based funding, as applicable, as so computed for the
25annexing districts as constituted after the annexation is less
26than the aggregate of the general State aid and supplemental

 

 

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1general State aid or evidence-based funding, as applicable, as
2so computed for the annexing and annexed districts, as
3constituted prior to the annexation, then a supplementary
4payment equal to the difference shall be made and allocated
5between or among the annexing districts, as constituted upon
6the annexation, for the first 4 years of their existence. The
7total difference payment shall be allocated between or among
8the annexing districts in the same ratio as the pupil
9enrollment from that portion of the annexed district or
10districts that is annexed to each annexing district bears to
11the total pupil enrollment from the entire annexed district or
12districts, as such pupil enrollment is determined for the
13school year last ending prior to the date when the change of
14boundaries attributable to the annexation becomes effective
15for all purposes. The amount of the total difference payment
16and the amount thereof to be allocated to the annexing
17districts shall be computed by the State Board of Education on
18the basis of pupil enrollment and other data that shall be
19certified to the State Board of Education, on forms that it
20shall provide for that purpose, by the regional superintendent
21of schools for each educational service region in which the
22annexing and annexed districts are located.
23    (4) For a school district conversion, as defined in
24Section 11E-15 of this Code, or a multi-unit conversion, as
25defined in subsection (b) of Section 11E-30 of this Code, if in
26their first year of existence the newly created elementary

 

 

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1districts and the newly created high school district, from a
2school district conversion, or the newly created elementary
3district or districts and newly created combined high school -
4unit district, from a multi-unit conversion, qualify for less
5general State aid under Section 18-8.05 of this Code or
6evidence-based funding under Section 18-8.15 of this Code than
7would have been payable under Section 18-8.05 or 18-8.15, as
8applicable, for that same year to the previously existing
9districts, then a supplementary payment equal to that
10difference shall be made for the first 4 years of existence of
11the newly created districts. The aggregate amount of each
12supplementary payment shall be allocated among the newly
13created districts in the proportion that the deemed pupil
14enrollment in each district during its first year of existence
15bears to the actual aggregate pupil enrollment in all of the
16districts during their first year of existence. For purposes
17of each allocation:
18        (A) the deemed pupil enrollment of the newly created
19    high school district from a school district conversion
20    shall be an amount equal to its actual pupil enrollment
21    for its first year of existence multiplied by 1.25;
22        (B) the deemed pupil enrollment of each newly created
23    elementary district from a school district conversion
24    shall be an amount equal to its actual pupil enrollment
25    for its first year of existence reduced by an amount equal
26    to the product obtained when the amount by which the newly

 

 

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

 

 

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1    through 8 pupil enrollment of all such newly created
2    districts for their first year of existence.
3    The aggregate amount of each supplementary payment under
4this subdivision (4) and the amount thereof to be allocated to
5the newly created districts shall be computed by the State
6Board of Education on the basis of pupil enrollment and other
7data, which shall be certified to the State Board of
8Education, on forms that it shall provide for that purpose, by
9the regional superintendent of schools for each educational
10service region in which the newly created districts are
11located.
12    (5) For a partial elementary unit district, as defined in
13subsection (a) or (c) of Section 11E-30 of this Code, if, in
14the first year of existence, the newly created partial
15elementary unit district qualifies for less general State aid
16and supplemental general State aid under Section 18-8.05 of
17this Code or less evidence-based funding under Section 18-8.15
18of this Code, as applicable, than would have been payable
19under those Sections for that same year to the previously
20existing districts that formed the partial elementary unit
21district, then a supplementary payment equal to that
22difference shall be made to the partial elementary unit
23district for the first 4 years of existence of that newly
24created district.
25    (6) For an elementary opt-in, as described in subsection
26(d) of Section 11E-30 of this Code, the general State aid or

 

 

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1evidence-based funding difference shall be computed in
2accordance with paragraph (5) of this subsection (a) as if the
3elementary opt-in was included in an optional elementary unit
4district at the optional elementary unit district's original
5effective date. If the calculation in this paragraph (6) is
6less than that calculated in paragraph (5) of this subsection
7(a) at the optional elementary unit district's original
8effective date, then no adjustments may be made. If the
9calculation in this paragraph (6) is more than that calculated
10in paragraph (5) of this subsection (a) at the optional
11elementary unit district's original effective date, then the
12excess must be paid as follows:
13        (A) If the effective date for the elementary opt-in is
14    one year after the effective date for the optional
15    elementary unit district, 100% of the calculated excess
16    shall be paid to the optional elementary unit district in
17    each of the first 4 years 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 calculated excess
22    shall be paid to the optional elementary unit district in
23    each of the first 4 years after the effective date of the
24    elementary opt-in.
25        (C) If the effective date for the elementary opt-in is
26    3 years after the effective date for the optional

 

 

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1    elementary unit district, 50% of the calculated excess
2    shall be paid to the optional elementary unit district in
3    each of the first 4 years after the effective date of the
4    elementary opt-in.
5        (D) If the effective date for the elementary opt-in is
6    4 years after the effective date for the optional
7    elementary unit district, 25% of the calculated excess
8    shall be paid to the optional elementary unit district in
9    each of the first 4 years after the effective date of the
10    elementary opt-in.
11        (E) If the effective date for the elementary opt-in is
12    5 years after the effective date for the optional
13    elementary unit district, the optional elementary unit
14    district is not eligible for any additional incentives due
15    to the elementary opt-in.
16    (6.5) For a school district that annexes territory
17detached from another school district whereby the enrollment
18of the annexing district increases by 90% or more as a result
19of the annexation, for the first year during which the change
20of boundaries attributable to the annexation becomes effective
21for all purposes as determined under Section 7-9 of this Code,
22the general State aid and supplemental general State aid or
23evidence-based funding, as applicable, calculated under this
24Section shall be computed for the district gaining territory
25and the district losing territory as constituted after the
26annexation and for the same districts as constituted prior to

 

 

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1the annexation; and if the aggregate of the general State aid
2and supplemental general State aid or evidence-based funding,
3as applicable, as so computed for the district gaining
4territory and the district losing territory as constituted
5after the annexation is less than the aggregate of the general
6State aid and supplemental general State aid or evidence-based
7funding, as applicable, as so computed for the district
8gaining territory and the district losing territory as
9constituted prior to the annexation, then a supplementary
10payment shall be made to the annexing district for the first 4
11years of existence after the annexation, equal to the
12difference multiplied by the ratio of student enrollment in
13the territory detached to the total student enrollment in the
14district losing territory for the year prior to the effective
15date of the annexation. The amount of the total difference and
16the proportion paid to the annexing district shall be computed
17by the State Board of Education on the basis of pupil
18enrollment and other data that must be submitted to the State
19Board of Education in accordance with Section 7-14A of this
20Code. The changes to this Section made by Public Act 95-707 are
21intended to be retroactive and applicable to any annexation
22taking effect on or after July 1, 2004. For annexations that
23are eligible for payments under this paragraph (6.5) and that
24are effective on or after July 1, 2004, but before January 11,
252008 (the effective date of Public Act 95-707), the first
26required yearly payment under this paragraph (6.5) shall be

 

 

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1paid in the fiscal year of January 11, 2008 (the effective date
2of Public Act 95-707). Subsequent required yearly payments
3shall be paid in subsequent fiscal years until the payment
4obligation under this paragraph (6.5) is complete.
5    (7) Claims for financial assistance under this subsection
6(a) may not be recomputed except as expressly provided under
7Section 18-8.05 or 18-8.15 of this Code.
8    (8) Any supplementary payment made under this subsection
9(a) must be treated as separate from all other payments made
10pursuant to Section 18-8.05 or 18-8.15 of this Code.
11    (b)(1) After the formation of a combined school district,
12as defined in Section 11E-20 of this Code, or a unit district,
13as defined in Section 11E-25 of this Code, a computation shall
14be made to determine the difference between the salaries
15effective in each of the previously existing districts on June
1630, prior to the creation of the new district. For the first 4
17years after the formation of the new district, a supplementary
18State aid reimbursement shall be paid to the new district
19equal to the difference between the sum of the salaries earned
20by each of the certificated members of the new district, while
21employed in one of the previously existing districts during
22the year immediately preceding the formation of the new
23district, and the sum of the salaries those certificated
24members would have been paid during the year immediately prior
25to the formation of the new district if placed on the salary
26schedule of the previously existing district with the highest

 

 

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

 

 

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1earned by each certified member of the new high school
2district, while employed in one of the previously existing
3districts, and the sum of the salaries those certified members
4would have been paid if placed on the salary schedule of the
5previously existing district with the highest salary schedule.
6    (4) For each newly created partial elementary unit
7district, the State shall make a supplementary payment for 4
8years equal to the difference between the sum of the salaries
9earned by each certified member of the newly created partial
10elementary unit district, while employed in one of the
11previously existing districts that formed the partial
12elementary unit district, and the sum of the salaries those
13certified members would have been paid if placed on the salary
14schedule of the previously existing district with the highest
15salary schedule. The salary schedules used in the calculation
16shall be those in effect in the previously existing districts
17for the school year prior to the creation of the new partial
18elementary unit district.
19    (5) For an elementary district opt-in, as described in
20subsection (d) of Section 11E-30 of this Code, the salary
21difference incentive shall be computed in accordance with
22paragraph (4) of this subsection (b) as if the opted-in
23elementary district was included in the optional elementary
24unit district at the optional elementary unit district's
25original effective date. If the calculation in this paragraph
26(5) is less than that calculated in paragraph (4) of this

 

 

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1subsection (b) at the optional elementary unit district's
2original effective date, then no adjustments may be made. If
3the calculation in this paragraph (5) is more than that
4calculated in paragraph (4) of this subsection (b) at the
5optional elementary unit district's original effective date,
6then the excess must be paid as follows:
7        (A) If the effective date for the elementary opt-in is
8    one year after the effective date for the optional
9    elementary unit district, 100% of the calculated excess
10    shall be paid to the optional elementary unit district in
11    each of the first 4 years after the effective date of the
12    elementary opt-in.
13        (B) If the effective date for the elementary opt-in is
14    2 years after the effective date for the optional
15    elementary unit district, 75% of the calculated excess
16    shall be paid to the optional elementary unit district in
17    each of the first 4 years after the effective date of the
18    elementary opt-in.
19        (C) If the effective date for the elementary opt-in is
20    3 years after the effective date for the optional
21    elementary unit district, 50% of the calculated excess
22    shall be paid to the optional elementary unit district in
23    each of the first 4 years after the effective date of the
24    elementary opt-in.
25        (D) If the effective date for the elementary opt-in is
26    4 years after the effective date for the partial

 

 

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1    elementary unit district, 25% of the calculated excess
2    shall be paid to the optional elementary unit district in
3    each of the first 4 years after the effective date of the
4    elementary opt-in.
5        (E) If the effective date for the elementary opt-in is
6    5 years after the effective date for the optional
7    elementary unit district, the optional elementary unit
8    district is not eligible for any additional incentives due
9    to the elementary opt-in.
10    (5.5) After the formation of a cooperative high school by
112 or more school districts under Section 10-22.22c of this
12Code, a computation shall be made to determine the difference
13between the salaries effective in each of the previously
14existing high schools on June 30 prior to the formation of the
15cooperative high school. For the first 4 years after the
16formation of the cooperative high school, a supplementary
17State aid reimbursement shall be paid to the cooperative high
18school equal to the difference between the sum of the salaries
19earned by each of the certificated members of the cooperative
20high school while employed in one of the previously existing
21high schools during the year immediately preceding the
22formation of the cooperative high school and the sum of the
23salaries those certificated members would have been paid
24during the year immediately prior to the formation of the
25cooperative high school if placed on the salary schedule of
26the previously existing high school with the highest salary

 

 

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

 

 

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1district losing territory to the control of the district
2gaining territory in the annexation. The changes to this
3Section made by Public Act 95-707 are intended to be
4retroactive and applicable to any annexation taking effect on
5or after July 1, 2004. For annexations that are eligible for
6payments under this paragraph (5.10) and that are effective on
7or after July 1, 2004, but before January 11, 2008 (the
8effective date of Public Act 95-707), the first required
9yearly payment under this paragraph (5.10) shall be paid in
10the fiscal year of January 11, 2008 (the effective date of
11Public Act 95-707). Subsequent required yearly payments shall
12be paid in subsequent fiscal years until the payment
13obligation under this paragraph (5.10) is complete.
14    (5.15) After the deactivation of a school facility in
15accordance with Section 10-22.22b of this Code, a computation
16shall be made to determine the difference between the salaries
17effective in the sending school district and each receiving
18school district on June 30 prior to the deactivation of the
19school facility. For the lesser of the first 4 years after the
20deactivation of the school facility or the length of the
21deactivation agreement, including any renewals of the original
22deactivation agreement, a supplementary State aid
23reimbursement shall be paid to each receiving district equal
24to the difference between the sum of the salaries earned by
25each of the certificated members transferred to that receiving
26district as a result of the deactivation while employed in the

 

 

10200HB0007ham002- 32 -LRB102 02691 CMG 23739 a

1sending district during the year immediately preceding the
2deactivation and the sum of the salaries those certificated
3members would have been paid during the year immediately
4preceding the deactivation if placed on the salary schedule of
5the sending or receiving district with the highest salary
6schedule.
7    (6) The supplementary State aid reimbursement under this
8subsection (b) shall be treated as separate from all other
9payments made pursuant to Section 18-8.05 of this Code. In the
10case of the formation of a new district or cooperative high
11school or a deactivation, reimbursement shall begin during the
12first year of operation of the new district or cooperative
13high school or the first year of the deactivation, and in the
14case of an annexation of the territory of one or more school
15districts by one or more other school districts or the
16annexation of territory detached from a school district
17whereby the enrollment of the annexing district increases by
1890% or more as a result of the annexation, reimbursement shall
19begin during the first year when the change in boundaries
20attributable to the annexation becomes effective for all
21purposes as determined pursuant to Section 7-9 of this Code,
22except that for an annexation of territory detached from a
23school district that is effective on or after July 1, 2004, but
24before January 11, 2008 (the effective date of Public Act
2595-707), whereby the enrollment of the annexing district
26increases by 90% or more as a result of the annexation,

 

 

10200HB0007ham002- 33 -LRB102 02691 CMG 23739 a

1reimbursement shall begin during the fiscal year of January
211, 2008 (the effective date of Public Act 95-707). Each year
3that the new, annexing, or receiving district or cooperative
4high school, as the case may be, is entitled to receive
5reimbursement, the number of eligible certified members who
6are employed on October 1 in the district or cooperative high
7school shall be certified to the State Board of Education on
8prescribed forms by October 15 and payment shall be made on or
9before November 15 of that year.
10    (c)(1) For the first year after the formation of a
11combined school district, as defined in Section 11E-20 of this
12Code or a unit district, as defined in Section 11E-25 of this
13Code, a computation shall be made totaling each previously
14existing district's audited fund balances in the educational
15fund, working cash fund, operations and maintenance fund, and
16transportation fund for the year ending June 30 prior to the
17referendum for the creation of the new district. The new
18district shall be paid supplementary State aid equal to the
19sum of the differences between the deficit of the previously
20existing district with the smallest deficit and the deficits
21of each of the other previously existing districts.
22    (2) For the first year after the annexation of all of the
23territory of one or more entire school districts by another
24school district, as defined in Article 7 of this Code,
25computations shall be made, for the year ending June 30 prior
26to the date that the change of boundaries attributable to the

 

 

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

 

 

10200HB0007ham002- 35 -LRB102 02691 CMG 23739 a

1in this paragraph (3), in an aggregate amount equal to the sum
2of the differences between the deficit of whichever of the
3annexing or annexed districts as constituted prior to the
4annexation had the smallest deficit and the deficits of each
5of the other districts as constituted prior to the annexation.
6The aggregate amount of the supplementary State aid payable
7under this paragraph (3) shall be allocated between or among
8the annexing districts as follows:
9        (A) the regional superintendent of schools for each
10    educational service region in which an annexed district is
11    located prior to the annexation shall certify to the State
12    Board of Education, on forms that it shall provide for
13    that purpose, the value of all taxable property in each
14    annexed district, as last equalized or assessed by the
15    Department of Revenue prior to the annexation, and the
16    equalized assessed value of each part of the annexed
17    district that was annexed to or included as a part of an
18    annexing district;
19        (B) using equalized assessed values as certified by
20    the regional superintendent of schools under clause (A) of
21    this paragraph (3), the combined audited fund balance
22    deficit of each annexed district as determined under this
23    Section shall be apportioned between or among the annexing
24    districts in the same ratio as the equalized assessed
25    value of that part of the annexed district that was
26    annexed to or included as a part of an annexing district

 

 

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1    bears to the total equalized assessed value of the annexed
2    district; and
3        (C) the aggregate supplementary State aid payment
4    under this paragraph (3) shall be allocated between or
5    among, and shall be paid to, the annexing districts in the
6    same ratio as the sum of the combined audited fund balance
7    deficit of each annexing district as constituted prior to
8    the annexation, plus all combined audited fund balance
9    deficit amounts apportioned to that annexing district
10    under clause (B) of this subsection, bears to the
11    aggregate of the combined audited fund balance deficits of
12    all of the annexing and annexed districts as constituted
13    prior to the annexation.
14    (4) For the new elementary districts and new high school
15district formed through a school district conversion, as
16defined in Section 11E-15 of this Code or the new elementary
17district or districts and new combined high school - unit
18district formed through a multi-unit conversion, as defined in
19subsection (b) of Section 11E-30 of this Code, a computation
20shall be made totaling each previously existing district's
21audited fund balances in the educational fund, working cash
22fund, operations and maintenance fund, and transportation fund
23for the year ending June 30 prior to the referendum
24establishing the new districts. In the first year of the new
25districts, the State shall make a one-time supplementary
26payment equal to the sum of the differences between the

 

 

10200HB0007ham002- 37 -LRB102 02691 CMG 23739 a

1deficit of the previously existing district with the smallest
2deficit and the deficits of each of the other previously
3existing districts. A district with a combined balance among
4the 4 funds that is positive shall be considered to have a
5deficit of zero. The supplementary payment shall be allocated
6among the newly formed high school and elementary districts in
7the manner provided by the petition for the formation of the
8districts, in the form in which the petition is approved by the
9regional superintendent of schools or State Superintendent of
10Education under Section 11E-50 of this Code.
11    (5) For each newly created partial elementary unit
12district, as defined in subsection (a) or (c) of Section
1311E-30 of this Code, a computation shall be made totaling the
14audited fund balances of each previously existing district
15that formed the new partial elementary unit district in the
16educational fund, working cash fund, operations and
17maintenance fund, and transportation fund for the year ending
18June 30 prior to the referendum for the formation of the
19partial elementary unit district. In the first year of the new
20partial elementary unit district, the State shall make a
21one-time supplementary payment to the new district equal to
22the sum of the differences between the deficit of the
23previously existing district with the smallest deficit and the
24deficits of each of the other previously existing districts. A
25district with a combined balance among the 4 funds that is
26positive shall be considered to have a deficit of zero.

 

 

10200HB0007ham002- 38 -LRB102 02691 CMG 23739 a

1    (6) For an elementary opt-in as defined in subsection (d)
2of Section 11E-30 of this Code, the deficit fund balance
3incentive shall be computed in accordance with paragraph (5)
4of this subsection (c) as if the opted-in elementary was
5included in the optional elementary unit district at the
6optional elementary unit district's original effective date.
7If the calculation in this paragraph (6) is less than that
8calculated in paragraph (5) of this subsection (c) at the
9optional elementary unit district's original effective date,
10then no adjustments may be made. If the calculation in this
11paragraph (6) is more than that calculated in paragraph (5) of
12this subsection (c) at the optional elementary unit district's
13original effective date, then the excess must be paid as
14follows:
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    the first year after the effective date of the elementary
20    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    the first year after the effective date of the elementary
26    opt-in.

 

 

10200HB0007ham002- 39 -LRB102 02691 CMG 23739 a

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    the first year after the effective date of the elementary
6    opt-in.
7        (D) If the effective date for the elementary opt-in is
8    4 years after the effective date for the optional
9    elementary unit district, 25% 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        (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    (6.5) For the first year after the annexation of territory
19detached from another school district whereby the enrollment
20of the annexing district increases by 90% or more as a result
21of the annexation, a computation shall be made totaling the
22audited fund balances of the district gaining territory and
23the audited fund balances of the district losing territory in
24the educational fund, working cash fund, operations and
25maintenance fund, and transportation fund for the year ending
26June 30 prior to the date that the change of boundaries

 

 

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1attributable to the annexation is allowed by the affirmative
2decision of the regional board of school trustees under
3Section 7-6 of this Code, notwithstanding any action for
4administrative review of the decision. The annexing district
5as constituted after the annexation shall be paid
6supplementary State aid equal to the difference between the
7deficit of whichever district included in this calculation as
8constituted prior to the annexation had the smallest deficit
9and the deficit of each other district included in this
10calculation as constituted prior to the annexation, multiplied
11by the ratio of equalized assessed value of the territory
12detached to the total equalized assessed value of the district
13losing territory. The regional superintendent of schools for
14the educational service region in which a district losing
15territory is located prior to the annexation shall certify to
16the State Board of Education the value of all taxable property
17in the district losing territory and the value of all taxable
18property in the territory being detached, as last equalized or
19assessed by the Department of Revenue prior to the annexation.
20To be eligible for supplementary State aid reimbursement under
21this Section, the intergovernmental agreement to be submitted
22pursuant to Section 7-14A of this Code must show that fund
23balances were transferred from the district losing territory
24to the district gaining territory in the annexation. The
25changes to this Section made by Public Act 95-707 are intended
26to be retroactive and applicable to any annexation taking

 

 

10200HB0007ham002- 41 -LRB102 02691 CMG 23739 a

1effect on or after July 1, 2004. For annexations that are
2eligible for payments under this paragraph (6.5) and that are
3effective on or after July 1, 2004, but before January 11, 2008
4(the effective date of Public Act 95-707), the required
5payment under this paragraph (6.5) shall be paid in the fiscal
6year of January 11, 2008 (the effective date of Public Act
795-707).
8    (7) For purposes of any calculation required under
9paragraph (1), (2), (3), (4), (5), (6), or (6.5) of this
10subsection (c), a district with a combined fund balance that
11is positive shall be considered to have a deficit of zero. For
12purposes of determining each district's audited fund balances
13in its educational fund, working cash fund, operations and
14maintenance fund, and transportation fund for the specified
15year ending June 30, as provided in paragraphs (1), (2), (3),
16(4), (5), (6), and (6.5) of this subsection (c), the balance of
17each fund shall be deemed decreased by an amount equal to the
18amount of the annual property tax theretofore levied in the
19fund by the district for collection and payment to the
20district during the calendar year in which the June 30 fell,
21but only to the extent that the tax so levied in the fund
22actually was received by the district on or before or
23comprised a part of the fund on such June 30. For purposes of
24determining each district's audited fund balances, a
25calculation shall be made for each fund to determine the
26average for the 3 years prior to the specified year ending June

 

 

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130, as provided in paragraphs (1), (2), (3), (4), (5), (6), and
2(6.5) of this subsection (c), of the district's expenditures
3in the categories "purchased services", "supplies and
4materials", and "capital outlay", as those categories are
5defined in rules of the State Board of Education. If this
63-year average is less than the district's expenditures in
7these categories for the specified year ending June 30, as
8provided in paragraphs (1), (2), (3), (4), (5), (6), and (6.5)
9of this subsection (c), then the 3-year average shall be used
10in calculating the amounts payable under this Section in place
11of the amounts shown in these categories for the specified
12year ending June 30, as provided in paragraphs (1), (2), (3),
13(4), (5), (6), and (6.5) of this subsection (c). Any deficit
14because of State aid not yet received may not be considered in
15determining the June 30 deficits. The same basis of accounting
16shall be used by all previously existing districts and by all
17annexing or annexed districts, as constituted prior to the
18annexation, in making any computation required under
19paragraphs (1), (2), (3), (4), (5), (6), and (6.5) of this
20subsection (c).
21    (8) The supplementary State aid payments under this
22subsection (c) shall be treated as separate from all other
23payments made pursuant to Section 18-8.05 of this Code.
24    (d)(1) Following the formation of a combined school
25district, as defined in Section 11E-20 of this Code, a new unit
26district, as defined in Section 11E-25 of this Code, a new

 

 

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1elementary district or districts and a new high school
2district formed through a school district conversion, as
3defined in Section 11E-15 of this Code, a new partial
4elementary unit district, as defined in Section 11E-30 of this
5Code, or a new elementary district or districts formed through
6a multi-unit conversion, as defined in subsection (b) of
7Section 11E-30 of this Code, or the annexation of all of the
8territory of one or more entire school districts by one or more
9other school districts, as defined in Article 7 of this Code, a
10supplementary State aid reimbursement shall be paid for the
11number of school years determined under the following table to
12each new or annexing district equal to the sum of $4,000 for
13each certified employee who is employed by the district on a
14full-time basis for the regular term of the school year:
 
15Reorganized District's RankReorganized District's Rank
16by type of district (unit,in Average Daily Attendance
17high school, elementary)By Quintile
18in Equalized Assessed Value
19Per Pupil by Quintile
203rd, 4th,
211st2ndor 5th
22QuintileQuintileQuintile
23    1st Quintile1 year1 year1 year
24    2nd Quintile1 year2 years2 years
25    3rd Quintile2 years3 years3 years

 

 

 

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

 

 

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

 

 

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1    elementary unit district, 50% of the amount calculated in
2    this paragraph (2) shall be paid to the optional
3    elementary unit district for the number of years
4    calculated in paragraph (1) of this subsection (d) at the
5    optional elementary unit district's original effective
6    date, starting in the second year after the effective date
7    of the elementary opt-in.
8        (D) If the effective date for the elementary opt-in is
9    4 years after the effective date for the optional
10    elementary unit district, 25% of the amount calculated in
11    this paragraph (2) shall be paid to the optional
12    elementary unit district for the number of years
13    calculated in paragraph (1) of this subsection (d) at the
14    optional elementary unit district's original effective
15    date, starting in the second year after the effective date
16    of the elementary opt-in.
17        (E) If the effective date for the elementary opt-in is
18    5 years after the effective date for the optional
19    elementary unit district, the optional elementary unit
20    district is not eligible for any additional incentives due
21    to the elementary opt-in.
22    (2.5) Following the formation of a cooperative high school
23by 2 or more school districts under Section 10-22.22c of this
24Code, a supplementary State aid reimbursement shall be paid
25for 3 school years to the cooperative high school equal to the
26sum of $4,000 for each certified employee who is employed by

 

 

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1the cooperative high school on a full-time basis for the
2regular term of any such school year. If a cooperative high
3school results from multiple agreements that would otherwise
4qualify the cooperative high school for multiple payments
5under this Section in any year, the cooperative high school
6shall receive a single payment for that year based solely on
7the most recent agreement.
8    (2.10) Following the annexation of territory detached from
9another school district whereby the enrollment of the annexing
10district increases 90% or more as a result of the annexation, a
11supplementary State aid reimbursement shall be paid to the
12annexing district equal to the sum of $4,000 for each
13certified employee who is employed by the annexing district on
14a full-time basis and shall be calculated in accordance with
15subsection (a) of this Section. To be eligible for
16supplementary State aid reimbursement under this Section, the
17intergovernmental agreement to be submitted pursuant to
18Section 7-14A of this Code must show that certified staff
19members were transferred from the control of the district
20losing territory to the control of the district gaining
21territory in the annexation. The changes to this Section made
22by Public Act 95-707 are intended to be retroactive and
23applicable to any annexation taking effect on or after July 1,
242004. For annexations that are eligible for payments under
25this paragraph (2.10) and that are effective on or after July
261, 2004, but before January 11, 2008 (the effective date of

 

 

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1Public Act 95-707), the first required yearly payment under
2this paragraph (2.10) shall be paid in the second fiscal year
3after January 11, 2008 (the effective date of Public Act
495-707). Any subsequent required yearly payments shall be paid
5in subsequent fiscal years until the payment obligation under
6this paragraph (2.10) is complete.
7    (2.15) Following the deactivation of a school facility in
8accordance with Section 10-22.22b of this Code, a
9supplementary State aid reimbursement shall be paid for the
10lesser of 3 school years or the length of the deactivation
11agreement, including any renewals of the original deactivation
12agreement, to each receiving school district equal to the sum
13of $4,000 for each certified employee who is employed by that
14receiving district on a full-time basis for the regular term
15of any such school year who was originally transferred to the
16control of that receiving district as a result of the
17deactivation. Receiving districts are eligible for payments
18under this paragraph (2.15) based on the certified employees
19transferred to that receiving district as a result of the
20deactivation and are not required to receive at least 30% of
21the deactivating district's average daily attendance as
22required under paragraph (1) of this subsection (d) to be
23eligible for payments.
24    (3) The supplementary State aid reimbursement payable
25under this subsection (d) shall be separate from and in
26addition to all other payments made to the district pursuant

 

 

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1to any other Section of this Article.
2    (4) During May of each school year for which a
3supplementary State aid reimbursement is to be paid to a new,
4annexing, or receiving school district or cooperative high
5school pursuant to this subsection (d), the school board or
6governing board shall certify to the State Board of Education,
7on forms furnished to the school board or governing board by
8the State Board of Education for purposes of this subsection
9(d), the number of certified employees for which the district
10or cooperative high school is entitled to reimbursement under
11this Section, together with the names, certificate numbers,
12and positions held by the certified employees.
13    (5) Upon certification by the State Board of Education to
14the State Comptroller of the amount of the supplementary State
15aid reimbursement to which a school district or cooperative
16high school is entitled under this subsection (d), the State
17Comptroller shall draw his or her warrant upon the State
18Treasurer for the payment thereof to the school district or
19cooperative high school and shall promptly transmit the
20payment to the school district or cooperative high school
21through the appropriate school treasurer.
22(Source: P.A. 100-465, eff. 8-31-17.)
 
23    (105 ILCS 5/11E-140 new)
24    Sec. 11E-140. Efficient School District Commission.
25    (a) The Efficient School District Commission is created.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1board.
2    The Commission shall meet at the call of the chairperson,
3with the initial meeting to occur as soon as possible after the
4effective date of this amendatory Act of the 102nd General
5Assembly. The Commission shall hold public hearings throughout
6the State. The chairperson is authorized to form subcommittees
7to represent each of the 9 regions of the State Board of
8Education's Statewide System of Support Fiscal Agents that do
9not include the Chicago region (Region 1-A) to facilitate the
10public hearings. Any subcommittees formed shall each be
11chaired by the member of the Commission appointed under
12whichever of paragraphs (11) through (19) of this subsection
13(a) who is associated with the relevant region. Each
14subcommittee chairperson shall appoint 4 members of the
15subcommittee, each member being a parent of a child enrolled
16in or a teacher or an administrator employed by a school
17located in the region represented by the subcommittee. Each
18subcommittee shall report its findings from a public hearing
19to the Commission. Each subcommittee is authorized to make
20recommendations under paragraph (5) of subsection (b)
21regarding the reorganization of school districts located in
22its region.
23    The State Board shall provide administrative assistance
24and necessary staff support services to the Commission.
25    (b) Recommendations of the Efficient School District
26Commission must focus on all of the following areas:

 

 

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1        (1) Reducing the money spent on the duplication of
2    efforts.
3        (2) Improving the education of students by having
4    fewer obstacles between qualified teachers and their
5    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
17    following:
18            (A) A request to submit a proposition at the next
19        general election for the purpose of voting for or
20        against the establishment of a combined unit district.
21            (B) A description of the territory comprising the
22        districts proposed to be dissolved and those to be
23        created, which, for an entire district, may be a
24        general reference to all of the territory included
25        within that district.
26            (C) A specification of the maximum tax rates the

 

 

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1        proposed district or districts are authorized to levy
2        for various purposes and, if applicable, the
3        specifications related to the Property Tax Extension
4        Limitation Law, in accordance with Section 11E-80 of
5        this Code.
6    The Commission may not make any recommendations under this
7subsection that would provide for the consolidation of
8individual schools.
9    (c) On or before May 1, 2022, the Efficient School
10District Commission must vote on its recommendations and file
11a report with the Governor and the General Assembly. If the
12Commission adopts the report recommendations by an affirmative
13vote of at least 13 of its members, then the Commission's
14specific recommendations for reorganization of school
15districts into unit districts under paragraph (5) of
16subsection (b) shall be filed with the appropriate regional
17superintendent of schools in the same form as petitions filed
18under Section 11E-35 of this Code.
19    (d) Upon receiving the filed petition as provided in
20subsection (c), the regional superintendent of schools shall
21do both of the following:
22        (1) Cause a copy of the petition to be given to the
23    school board of each affected school district and to the
24    regional superintendent of schools of any other
25    educational service region in which territory described in
26    the petition is situated.

 

 

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1        (2) Cause a notice thereof to be published at least
2    once each week for 3 successive weeks in at least one
3    newspaper having general circulation within the area of
4    all of the territory of the proposed district or
5    districts. The expense of publishing the notice shall be
6    borne by the Efficient School District Commission.
7    (e) Upon receiving the Efficient School District
8Commission's specific recommendations, the school board of
9each affected district shall publish the specific
10recommendations on the official district website, if
11available, with a link to the recommendation shown prominently
12on the homepage of the website until the date of the next
13general election.
14    (f) This Section is repealed on January 31, 2024.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".