(105 ILCS 5/1A-8)
(from Ch. 122, par. 1A-8)
Powers of the Board in Assisting Districts Deemed in Financial
To promote the financial integrity of school districts, the
State Board of Education shall be provided the necessary powers to promote
sound financial management and continue operation of the public schools.
(a) The State Superintendent of Education may require a school district, including any district subject to Article 34A of this Code, to share financial information relevant to a proper investigation of the district's financial condition and the delivery of appropriate State financial, technical, and consulting services to the district if the district (i) has been designated, through the State Board of Education's School District Financial Profile System, as on financial warning or financial watch status, (ii) has failed to file an annual financial report, annual budget, deficit reduction plan, or other financial information as required by law, (iii) has been identified, through the district's annual audit or other financial and management information, as in serious financial difficulty in the current or next school year, or (iv) is determined to be likely to fail to fully meet any regularly scheduled, payroll-period obligations when due or any debt service payments when due or both. In addition to financial, technical, and consulting services provided by the State Board of Education, at the request of a school district, the State Superintendent may provide for an independent financial consultant to assist the district review its financial condition and options.
(b) The State Board of Education, after proper investigation of a district's
financial condition, may certify that a district, including any district
subject to Article 34A, is in financial difficulty
when any of the following conditions occur:
(1) The district has issued school or teacher orders
for wages as permitted in Sections 8-16, 32-7.2 and 34-76 of this Code.
(2) The district has issued tax anticipation warrants
or tax anticipation notes in anticipation of a second year's taxes when warrants or notes in anticipation of current year taxes are still outstanding, as authorized by Sections 17-16, 34-23, 34-59 and 34-63 of this Code, or has issued short-term debt against 2 future revenue sources, such as, but not limited to, tax anticipation warrants and general State aid or evidence-based funding certificates or tax anticipation warrants and revenue anticipation notes.
(3) The district has for 2 consecutive years shown an
excess of expenditures and other financing uses over revenues and other financing sources and beginning fund balances on its annual financial report for the aggregate totals of the Educational, Operations and Maintenance, Transportation, and Working Cash Funds.
(4) The district refuses to provide financial
information or cooperate with the State Superintendent in an investigation of the district's financial condition.
(5) The district is likely to fail to fully meet any
regularly scheduled, payroll-period obligations when due or any debt service payments when due or both.
No school district shall be certified by the State Board of Education to be in financial difficulty solely by
reason of any of the above circumstances arising as a result of (i) the failure
of the county to make any distribution of property tax money due the district
at the time such distribution is due or (ii) the failure of this State to make timely payments of general State aid, evidence-based funding, or any of the mandated categoricals; or if the district clearly demonstrates
to the satisfaction of the State Board of Education at the time of its
determination that such condition no longer exists. If the State Board of
Education certifies that a district in a city with 500,000 inhabitants or
more is in financial difficulty, the State Board shall so notify the
Governor and the Mayor of the city in which the district is located. The
State Board of Education may require school districts certified in
financial difficulty, except those districts subject to Article 34A, to
develop, adopt and submit a financial plan within 45 days after
certification of financial difficulty. The financial plan shall be
developed according to guidelines presented to the district by the State
Board of Education within 14 days of certification. Such guidelines shall
address the specific nature of each district's financial difficulties. Any
proposed budget of the district shall be consistent with the financial plan
submitted to and
approved by the State Board of Education.
A district certified to be in financial difficulty, other than a district
subject to Article 34A, shall report to the State Board of Education at
such times and in such manner as the State Board may direct, concerning the
district's compliance with each financial plan. The State Board may review
the district's operations, obtain budgetary data and financial statements,
require the district to produce reports, and have access to any other
information in the possession of the district that it deems relevant. The
State Board may issue recommendations or directives within its powers to
the district to assist in compliance with the financial plan. The district
shall produce such budgetary data, financial statements, reports and other
information and comply with such directives. If the State Board of Education
determines that a district has failed to comply with its financial plan, the
State Board of Education may rescind approval of the plan and appoint a
Financial Oversight Panel for the district as provided in Section 1B-4. This
action shall be taken only after the district has been given notice and an
opportunity to appear before the State Board of Education to discuss its
failure to comply with its financial plan.
No bonds, notes, teachers orders, tax anticipation warrants or other
evidences of indebtedness shall be issued or sold by a school district or
be legally binding upon or enforceable against a local board of education
of a district certified to be in financial difficulty unless and until the
financial plan required under this Section has been approved by the State
Board of Education.
Any financial profile compiled and distributed by the State Board of Education in Fiscal Year 2009 or any fiscal year thereafter
shall incorporate such adjustments as may be needed in the profile scores to reflect the financial effects of the
inability or refusal of the State of Illinois to make timely
disbursements of any general State aid, evidence-based funding, or mandated categorical aid payments due school districts or to fully reimburse
school districts for mandated categorical programs pursuant to
reimbursement formulas provided in this School Code.
(Source: P.A. 100-465, eff. 8-31-17.)