Bill Text: IL HB3108 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Creates the Financial Oversight Panel Law of the School Code. Allows a school district (other than the Chicago school district) to petition the State Board of Education for the establishment of a Financial Oversight Panel for the district. Allows the State Board to establish a Financial Oversight Panel without a petition from a district. Contains provisions concerning duties of the district; members and meetings of a Panel; powers of a Panel; officers of a Panel; collective bargaining agreements; deposits and investments; cash and bank accounts; the financial, management, and budgetary structure; the School District Emergency Financial Assistance Fund; grants and loans; the issuance of bonds; a tax levy; a debt service fund; a debt service reserve fund; bond anticipation notes; tax anticipation warrants; reports; a Panel audit; Panel property being exempt from taxation; sanctions; and abolition of a Panel. Makes related changes in the School Code and the Property Tax Code. Effective July 1, 2011.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB3108 Detail]
Download: Illinois-2011-HB3108-Amended.html
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1 | AMENDMENT TO HOUSE BILL 3108
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2 | AMENDMENT NO. ______. Amend House Bill 3108 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing Section | ||||||
5 | 1D-1 as follows:
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6 | (105 ILCS 5/1D-1)
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7 | Sec. 1D-1. Block grant funding.
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8 | (a) For fiscal year 1996 and each fiscal year thereafter, | ||||||
9 | the State Board
of Education shall award to a school district | ||||||
10 | having a population exceeding
500,000 inhabitants a general | ||||||
11 | education block grant and an educational services
block grant, | ||||||
12 | determined as provided in this Section, in lieu of distributing | ||||||
13 | to
the district separate State funding for the programs | ||||||
14 | described in subsections
(b) and (c). The provisions of this | ||||||
15 | Section, however, do not apply to any
federal funds that the | ||||||
16 | district is entitled to receive. In accordance with
Section |
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1 | 2-3.32, all block grants are subject to an audit. Therefore, | ||||||
2 | block
grant receipts and block grant expenditures shall be | ||||||
3 | recorded to the
appropriate fund code for the designated block | ||||||
4 | grant.
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5 | (b) The general education block grant shall include the | ||||||
6 | following
programs: REI Initiative, Summer Bridges, Preschool | ||||||
7 | At Risk, K-6
Comprehensive Arts, School Improvement Support, | ||||||
8 | Urban Education, Scientific
Literacy, Substance Abuse | ||||||
9 | Prevention, Second Language Planning, Staff
Development, | ||||||
10 | Outcomes and Assessment, K-6 Reading Improvement, 7-12 | ||||||
11 | Continued
Reading Improvement, Truants'
Optional Education, | ||||||
12 | Hispanic Programs, Agriculture Education,
Parental Education, | ||||||
13 | Prevention Initiative, Report Cards, and Criminal
Background | ||||||
14 | Investigations. Notwithstanding any other provision of law, | ||||||
15 | all
amounts paid under the general education block grant from | ||||||
16 | State appropriations
to a school district in a city having a | ||||||
17 | population exceeding 500,000
inhabitants shall be appropriated | ||||||
18 | and expended by the board of that district
for any of the | ||||||
19 | programs included in the block grant or any of the board's
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20 | lawful purposes.
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21 | (c) The educational services block grant shall include the | ||||||
22 | following
programs: Bilingual, Regular and Vocational | ||||||
23 | Transportation, State Lunch and
Free Breakfast Program, | ||||||
24 | Special Education (Personnel,
Transportation, Orphanage, | ||||||
25 | Private Tuition), funding
for children requiring special | ||||||
26 | education services, Summer School,
Educational Service |
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1 | Centers, and Administrator's Academy. This subsection (c)
does | ||||||
2 | not relieve the district of its obligation to provide the | ||||||
3 | services
required under a program that is included within the | ||||||
4 | educational services block
grant. It is the intention of the | ||||||
5 | General Assembly in enacting the provisions
of this subsection | ||||||
6 | (c) to relieve the district of the administrative burdens
that | ||||||
7 | impede efficiency and accompany single-program funding. The | ||||||
8 | General
Assembly encourages the board to pursue mandate waivers | ||||||
9 | pursuant to Section
2-3.25g. | ||||||
10 | The funding program included in the educational services | ||||||
11 | block grant
for funding for children requiring special | ||||||
12 | education services in each fiscal
year shall be treated in that | ||||||
13 | fiscal year as a payment to the school district
in respect of | ||||||
14 | services provided or costs incurred in the prior fiscal year,
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15 | calculated in each case as provided in this Section. Nothing in | ||||||
16 | this Section
shall change the nature of payments for any | ||||||
17 | program that, apart from this
Section, would be or, prior to | ||||||
18 | adoption or amendment of this Section, was on
the basis of a | ||||||
19 | payment in a fiscal year in respect of services provided or
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20 | costs incurred in the prior fiscal year, calculated in each | ||||||
21 | case as provided
in this Section.
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22 | (d) For fiscal year 1996 and each fiscal year thereafter, | ||||||
23 | the amount
of the district's block grants shall be determined | ||||||
24 | as follows:
(i) with respect to each program that is included | ||||||
25 | within each block grant, the
district shall receive an amount | ||||||
26 | equal to the same percentage of the current
fiscal year |
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1 | appropriation made for that program as the percentage of the
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2 | appropriation received by the district from the 1995 fiscal | ||||||
3 | year appropriation
made for that program, and
(ii) the total | ||||||
4 | amount that is due the district under the block grant shall be
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5 | the aggregate of the amounts that the district is entitled to | ||||||
6 | receive for the
fiscal year with respect to each program that | ||||||
7 | is included within the block
grant that the State Board of | ||||||
8 | Education shall award the district under this
Section for that | ||||||
9 | fiscal year. In the case of the Summer Bridges program,
the | ||||||
10 | amount of the district's block grant shall be equal to 44% of | ||||||
11 | the amount
of the current fiscal year appropriation made for | ||||||
12 | that program.
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13 | (e) The district is not required to file any application or | ||||||
14 | other claim in
order to receive the block grants to which it is | ||||||
15 | entitled under this Section through the 2010-2011 school year .
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16 | The State Board of Education shall make payments to the | ||||||
17 | district of amounts due
under the district's block grants on a | ||||||
18 | schedule determined by the State Board
of Education. Beginning | ||||||
19 | with the 2011-2012 school year, the district shall submit | ||||||
20 | application, approval data, and claim information in the same | ||||||
21 | manner and format as all other school districts for programs | ||||||
22 | provided in the general education and educational services | ||||||
23 | block grant.
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24 | (f) A school district to which this Section applies shall | ||||||
25 | report to the
State Board of Education on its use of the block | ||||||
26 | grants in such form and detail
as the State Board of Education |
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1 | may specify.
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2 | (g) This paragraph provides for the treatment of block | ||||||
3 | grants under Article
1C for purposes of calculating the amount | ||||||
4 | of block grants for a district under
this Section. Those block | ||||||
5 | grants under Article 1C are, for this
purpose, treated as | ||||||
6 | included in the amount of appropriation for the various
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7 | programs set forth in paragraph (b) above. The appropriation in | ||||||
8 | each current
fiscal year for each block grant under Article 1C | ||||||
9 | shall be treated for these
purposes as appropriations for the | ||||||
10 | individual program included in that block
grant. The proportion | ||||||
11 | of each block grant so allocated to each such program
included | ||||||
12 | in it shall be the proportion which the appropriation for that | ||||||
13 | program
was of all appropriations for such purposes now in that | ||||||
14 | block grant, in fiscal
1995.
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15 | Payments to the school district under this Section with | ||||||
16 | respect to each
program for which payments to school districts | ||||||
17 | generally, as of the date of
this
amendatory Act of the 92nd | ||||||
18 | General Assembly, are on a reimbursement basis
shall continue | ||||||
19 | to be made to the district on a reimbursement basis, pursuant
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20 | to the provisions of this Code governing those programs.
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21 | (h) Notwithstanding any other provision of law, any school | ||||||
22 | district
receiving a block grant under this Section may | ||||||
23 | classify all or a portion of
the funds that it receives in a | ||||||
24 | particular fiscal year from any block grant
authorized under | ||||||
25 | this Code or from general State aid pursuant to Section
18-8.05 | ||||||
26 | of this Code (other than supplemental general State aid) as
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1 | funds received in connection with any funding program for which | ||||||
2 | it is
entitled to receive funds from the State in that fiscal | ||||||
3 | year (including,
without limitation, any funding program | ||||||
4 | referred to in subsection (c) of
this Section), regardless of | ||||||
5 | the source or timing of the receipt. The
district may not | ||||||
6 | classify more funds as funds received in connection
with the | ||||||
7 | funding program than the district is entitled to receive in | ||||||
8 | that
fiscal year for that program. Any classification by a | ||||||
9 | district must be made by
a resolution
of its board of | ||||||
10 | education. The resolution must identify the amount of any
block | ||||||
11 | grant or general State aid to be classified under this | ||||||
12 | subsection (h)
and must specify the funding program to which | ||||||
13 | the funds are to be
treated as received in connection | ||||||
14 | therewith. This resolution is
controlling as to the | ||||||
15 | classification of funds referenced therein. A certified
copy of | ||||||
16 | the resolution must be sent to the State Superintendent of
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17 | Education.
The resolution shall still take effect even though a | ||||||
18 | copy of the resolution
has not been sent to the State
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19 | Superintendent of Education in a timely manner.
No | ||||||
20 | classification under this subsection (h) by a district shall
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21 | affect the total amount or timing of money the district is | ||||||
22 | entitled to receive
under this Code.
No classification under | ||||||
23 | this subsection (h) by a district
shall in any way relieve the | ||||||
24 | district from or affect any
requirements that otherwise would | ||||||
25 | apply with respect to the
block grant as provided in this | ||||||
26 | Section, including any
accounting of funds by source, reporting |
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1 | expenditures by
original source and purpose,
reporting | ||||||
2 | requirements, or requirements of provision of
services.
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3 | (Source: P.A. 92-568, eff. 6-26-02; 92-651, eff. 7-11-02; | ||||||
4 | 93-21, eff. 7-1-03; 93-53, eff. 7-1-03; 93-1022, eff. 8-24-04.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.".
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