Full Text of HB1466 95th General Assembly
HB1466ham002 95TH GENERAL ASSEMBLY
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Rep. Robert Rita
Filed: 4/24/2007
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| AMENDMENT TO HOUSE BILL 1466
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| AMENDMENT NO. ______. Amend House Bill 1466, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The School Code is amended by adding Section | 6 |
| 1A-12 as follows: | 7 |
| (105 ILCS 5/1A-12 new) | 8 |
| Sec. 1A-12. Powers of the State Board in assisting schools | 9 |
| and districts deemed in management
difficulties.
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| (a) In this Section: | 11 |
| "Board" means a local board of education. | 12 |
| "Chairperson" means the Chairperson of the Panel | 13 |
| appointed pursuant to this Section. | 14 |
| "District" does not include a school district | 15 |
| organized under Article 34 of this Code.
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| "Management Oversight Panel" or "Panel" means a |
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| Management Oversight Panel created under this Section. | 2 |
| "State Board" means the State Board of Education. | 3 |
| "State Superintendent" means the State Superintendent | 4 |
| of Education. | 5 |
| (b) To promote the managerial integrity of school | 6 |
| districts, the State Board shall have the necessary powers to | 7 |
| promote sound management of Illinois public schools. The State | 8 |
| Board, after the State Board's proper investigation of a school | 9 |
| district's condition, may certify that a district is in | 10 |
| management difficulty if the district has been engaged in a | 11 |
| continuing and repeated pattern of documented and | 12 |
| substantiated mismanagement, including without limitation all | 13 |
| of the following: | 14 |
| (1) The hiring of persons who do not hold the | 15 |
| qualifications required for their positions. | 16 |
| (2) Violations of State or federal law and laws | 17 |
| relating to the procurement of goods and services. | 18 |
| (3) Repeat audit findings. | 19 |
| (4) Building code and other health or life safety | 20 |
| issues. | 21 |
| (c) A district must not be certified to be in management | 22 |
| difficulty if the sole basis for mismanagement is the failure | 23 |
| of the county to make a distribution of property tax money due | 24 |
| to the district at the time the distribution is due. | 25 |
| (d) When a district is first certified to be in management | 26 |
| difficulty, the State Board may do each of the following: |
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| (1) Require the school district to develop, adopt, and | 2 |
| submit a district management improvement plan within 45 | 3 |
| days after certification. The plan must be developed to | 4 |
| address the acts of mismanagement that caused the district | 5 |
| to be certified in management difficulty. Within 14 days | 6 |
| after certifying a district to be in management difficulty, | 7 |
| the State Superintendent shall provide the board a summary | 8 |
| of management issues to be addressed in the plan. The plan | 9 |
| must be approved by the State Superintendent. | 10 |
| (2) Advise the district on recommended or suggested | 11 |
| methods of improving managerial success consistent with | 12 |
| the district's management improvement plan approved by the | 13 |
| State Board. | 14 |
| A district certified to be in management difficulty shall | 15 |
| report to the State Board, at such times and in such manner as | 16 |
| the State Superintendent may direct, concerning the district's | 17 |
| compliance with its approved management plan. The State Board | 18 |
| may review the district's operations and may obtain or require | 19 |
| the district to produce reports or any other information in the | 20 |
| possession of the district that it deems relevant. A district | 21 |
| shall remain certified in management difficulty until the | 22 |
| district clearly demonstrates to the satisfaction of the State | 23 |
| Board that the circumstances leading to the certification no | 24 |
| longer exist; or, if the State Board determines that a district | 25 |
| has failed to comply with its management plan, the State Board | 26 |
| may rescind approval of the plan and appoint a Management |
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| Oversight Panel for the district. This action shall be taken | 2 |
| only after the district has been given notice and an | 3 |
| opportunity to appear before the State Board to discuss its | 4 |
| failure to comply with its management plan. | 5 |
| (e) Within 10 days after the State Board has placed a | 6 |
| district under a Management Oversight Panel, the State | 7 |
| Superintendent shall approve the appointment of 5 members to | 8 |
| serve at the State Superintendent's pleasure. One member shall | 9 |
| be appointed by the teachers' union representing a plurality of | 10 |
| the district employees; in the absence of a plurality, the | 11 |
| union appointment shall be filled by the State Superintendent. | 12 |
| Two members shall be appointed by the State Superintendent, one | 13 |
| of whom must be an attorney. Two members shall be appointed by | 14 |
| the Regional Superintendent of Schools with jurisdiction over | 15 |
| the district, both of whom must live in the school district. | 16 |
| The State Superintendent shall designate one of the members of | 17 |
| the Panel to serve as its Chairperson. In the event of vacancy | 18 |
| or resignation, the State Superintendent shall appoint a | 19 |
| successor within 10 days after receiving notice of the vacancy | 20 |
| or resignation. | 21 |
| Members of the Panel shall be selected on the basis of | 22 |
| their experience and education in areas identified as needed. A | 23 |
| member of the Panel may not be a board member or employee of | 24 |
| the district for which the Panel is constituted, nor may a | 25 |
| member have a direct financial interest in that district. | 26 |
| Panel members shall serve without compensation, but may be |
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| reimbursed for travel and other necessary expenses incurred in | 2 |
| the performance of their official duties by the State Board. | 3 |
| The amount reimbursed to Panel members for their expenses shall | 4 |
| be charged to the school district. | 5 |
| The first meeting of the Panel shall be held at the call of | 6 |
| the Chairperson. The Panel may elect such other officers as it | 7 |
| deems appropriate. The Panel shall prescribe the times and | 8 |
| places for its meetings and the manner in which regular and | 9 |
| special meetings may be called and shall comply with the Open | 10 |
| Meetings Act. Three members of the Panel shall constitute a | 11 |
| quorum, and the affirmative vote of 3 members shall be | 12 |
| necessary for any decision or action to be taken by the Panel. | 13 |
| The Panel and the State Superintendent shall cooperate with | 14 |
| each other in the exercise of their respective powers. The | 15 |
| Panel shall report not later than September 1 annually to the | 16 |
| State Superintendent with respect to its activities and the | 17 |
| condition of the school district for the previous school year. | 18 |
| The Panel may exercise veto power over board decisions | 19 |
| concerning the district, in an effort to ensure that the | 20 |
| district management improvement plan is implemented as needed. | 21 |
| The purposes of the Panel shall be to exercise control over | 22 |
| the district and to furnish management assistance so that the | 23 |
| district can provide public education within the district's | 24 |
| jurisdiction while permitting the district to meet its | 25 |
| obligations for sound management practice. Except as expressly | 26 |
| limited by this Section, the Panel shall have those powers |
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| necessary to meet its responsibilities and to carry out its | 2 |
| purposes and the purposes of this Section, including without | 3 |
| limitation all of the following powers, provided that the Panel | 4 |
| shall have no power to violate any statutory provision, to | 5 |
| impair any contract or obligation of the district, or to | 6 |
| terminate any employee without following the statutory | 7 |
| procedures for such terminations set forth in this Code and the | 8 |
| relevant rules of the State Board: | 9 |
| (1) To sue and to be sued. | 10 |
| (2) To make and execute contracts, leases, subleases, | 11 |
| and all other instruments or agreements necessary or | 12 |
| convenient for the exercise of the powers and functions | 13 |
| granted by this Section. | 14 |
| (3) To purchase real or personal property necessary or | 15 |
| convenient for its purposes; to execute and deliver deeds | 16 |
| for real property held in its own name; and to sell, lease, | 17 |
| or otherwise dispose of such of its property as, in the | 18 |
| judgment of the Panel, is no longer necessary for its | 19 |
| purposes. | 20 |
| (4) To appoint officers, agents, and employees of the | 21 |
| Panel, including all of the following, to administer and | 22 |
| manage, under the direction of the Panel, the operations | 23 |
| and educational programs of the district, in accordance | 24 |
| with this Section and all other provisions of this Code; to | 25 |
| define their duties and qualifications; and to fix their | 26 |
| compensation and employee benefits. |
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| (A) Chief executive officer. The Panel may appoint | 2 |
| a chief executive officer who, under the direction of | 3 |
| the Panel, shall supervise the Panel's staff, | 4 |
| including the chief educational officer and the chief | 5 |
| fiscal officer, and shall have ultimate responsibility | 6 |
| for implementing the policies, procedures, directives, | 7 |
| and decisions of the Panel. | 8 |
| (B) Chief educational officer. The Panel may at a | 9 |
| regular or special meeting find that cause exists to | 10 |
| cancel the contract of the school district's | 11 |
| superintendent who is serving at the time the Panel is | 12 |
| established. If there is no superintendent, then the | 13 |
| Panel shall, following consultation with the district, | 14 |
| employ a chief educational officer for the district, | 15 |
| who shall have all of the powers and duties of a school | 16 |
| district superintendent under this Code and such other | 17 |
| duties as may be assigned by the Panel in accordance | 18 |
| with this Code. The chief educational officer shall | 19 |
| report to the Panel or the chief executive officer | 20 |
| appointed by the Panel. The district shall not employ a | 21 |
| superintendent during the period that a chief | 22 |
| educational officer is serving in the district. The | 23 |
| chief educational officer shall hold a certificate | 24 |
| with a superintendent's endorsement issued pursuant to | 25 |
| Article 21 of this Code. | 26 |
| (C) Chief fiscal officer. The Panel may appoint a |
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| chief fiscal officer who, under the direction of the | 2 |
| Panel, shall have all of the powers and duties of the | 3 |
| district's chief school business official and any | 4 |
| other duties regarding budgeting, accounting, and | 5 |
| other financial matters that are assigned by the Panel, | 6 |
| in accordance with this Code. The district may not | 7 |
| employ a chief school business official during the | 8 |
| period that the chief fiscal officer is serving in the | 9 |
| district. The chief fiscal officer may, but is not | 10 |
| required to, hold a certificate with a chief school | 11 |
| business official's endorsement issued under Article | 12 |
| 21 of this Code. | 13 |
| (5) To transfer to the district such sums of money as | 14 |
| are not required for other purposes. | 15 |
| (6) To procure all necessary goods and services for the | 16 |
| Panel in compliance with the purchasing laws and | 17 |
| requirements applicable to the district. | 18 |
| (7) To take action on behalf of the district, as the | 19 |
| Panel deems necessary and in accordance with this Section | 20 |
| and all other provisions of this Code, based on the | 21 |
| recommendation of, if applicable, the chief executive | 22 |
| officer, chief educational officer, or chief fiscal | 23 |
| officer; the district shall be bound by such action in all | 24 |
| respects as if the action had been approved by the district | 25 |
| itself. | 26 |
| (8) To do any and all things necessary or convenient to |
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| carry out its purposes and exercise the powers given to it | 2 |
| by this Section. | 3 |
| (9) To provide for its organization and internal | 4 |
| management. | 5 |
| (10) To require and approve a school district financial | 6 |
| plan and academic plan, if the Panel deems it necessary, | 7 |
| and to monitor the school district's compliance with these | 8 |
| plans. | 9 |
| (11) To approve and require revisions of the school | 10 |
| district budget. | 11 |
| (12) To approve all contracts and other obligations, as | 12 |
| the Panel deems necessary and appropriate. | 13 |
| (13) To request that the Regional Superintendent of | 14 |
| Schools make appointments to fill all vacancies on the | 15 |
| board, as provided in Section 10-10 of this Code. | 16 |
| (14) To engage the services of consultants for | 17 |
| rendering professional and technical assistance and advice | 18 |
| on matters within the Panel's power. | 19 |
| (15) To contract for and to accept any gifts, grants, | 20 |
| or loans of funds or property or financial or other aid in | 21 |
| any form from the federal government, State government, a | 22 |
| unit of local government, a school district, or any agency | 23 |
| or instrumentality thereof or from any other private or | 24 |
| public source and to comply with the terms and conditions | 25 |
| thereof. | 26 |
| (16) To pay the expenses of its operations based on the |
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| Panel's budget as approved by the State Superintendent from | 2 |
| the district's general State aid. | 3 |
| (17) To require a board member training plan, in | 4 |
| conjunction with one or more statewide school management | 5 |
| organizations. | 6 |
| (18) To require the development of a district | 7 |
| management improvement plan or revision of an existing | 8 |
| district management improvement plan if the Panel deems it | 9 |
| necessary and to monitor the district's compliance with the | 10 |
| management improvement plan. | 11 |
| (19) To provide assistance to the district with | 12 |
| developing a staffing needs analysis and plan, in | 13 |
| cooperation with the board, that can address (i) | 14 |
| performance of an analysis of critical staffing needs | 15 |
| within the district to support any district improvement | 16 |
| plans, (ii) development of a strategy for attracting | 17 |
| candidates and posting positions to meet the district's | 18 |
| critical staffing needs, and (iii) approving and | 19 |
| monitoring of the school district's policies and | 20 |
| procedures for conducting hiring. | 21 |
| (20) To develop a plan for maintenance, repair, and | 22 |
| improvement of district facilities (including, but not | 23 |
| limited to, buildings used for instructional and | 24 |
| administrative functions, indoor and outdoor recreational | 25 |
| facilities, landscaping, parking, and infrastructure | 26 |
| related to traffic circulation) and the correction of any |
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| violations of the Health/Life Safety Code for existing | 2 |
| facilities. | 3 |
| (f) If the State Board has appointed a Financial Oversight | 4 |
| Panel to a school district and subsequently places the same | 5 |
| district under a Management Oversight Panel or if the State | 6 |
| Board has appointed a Management Oversight Panel for a district | 7 |
| and subsequently places the same district under a Financial | 8 |
| Oversight Panel, the State Superintendent shall create a new | 9 |
| Panel and appoint 5 members to serve at the State | 10 |
| Superintendent's pleasure. The Panel shall accrue all the | 11 |
| necessary powers and duties of a Financial Oversight Panel and | 12 |
| a Management Oversight Panel. The State Superintendent shall | 13 |
| designate one of the members of the Panel to serve as its | 14 |
| chairperson. In the event of vacancy or resignation, the State | 15 |
| Superintendent shall appoint a successor within 10 days after | 16 |
| receiving notice of the vacancy or resignation. Members of the | 17 |
| Panel shall be selected on the basis of their experience and | 18 |
| education in areas identified as needed. A member of the Panel | 19 |
| may not be a board member or employee of the district for which | 20 |
| the Panel is constituted, nor may a member have a direct | 21 |
| financial interest in that district.
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| Section 90. The State Mandates Act is amended by adding | 23 |
| Section 8.31 as follows: | 24 |
| (30 ILCS 805/8.31 new) |
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| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 2 |
| of this Act, no reimbursement by the State is required for the | 3 |
| implementation of any mandate created by this amendatory Act of | 4 |
| the 95th General Assembly. ".
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