Bill Text: IL SB2134 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Chicago School District Article of the School Code. Makes a technical change in a Section concerning the application of the Article and definitions.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-08-12 - Public Act . . . . . . . . . 97-0357 [SB2134 Detail]

Download: Illinois-2011-SB2134-Amended.html

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Sen. Susan Garrett

Filed: 3/14/2011

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AMENDMENT TO SENATE BILL 2134
AMENDMENT NO. ______. Amend Senate Bill 2134 by replacing
everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing Sections
2-3.62, 3-1, 3-1.1, 3-2, 3-2.5, 3-6, 3-15.6, 3-15.8, 3-15.14,
3A-4, 3A-5, and 3A-6 and by adding Section 17-1.10 as follows:
(105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
Sec. 2-3.62. Educational Service Centers.
(a) A regional network of educational service centers shall
be established by the State Board of Education to coordinate
and combine existing services in a manner which is practical
and efficient and to provide new services to schools as
provided in this Section. Services to be made available by such
centers shall include the planning, implementation and
evaluation of:
(1) (blank);

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(2) computer technology education;
(3) mathematics, science and reading resources for
teachers including continuing education, inservice
training and staff development.
The centers may provide training, technical assistance,
coordination and planning in other program areas such as school
improvement, school accountability, financial planning,
consultation, and services, career guidance, early childhood
education, alcohol/drug education and prevention, family life -
sex education, electronic transmission of data from school
districts to the State, alternative education and regional
special education, and telecommunications systems that provide
distance learning. Such telecommunications systems may be
obtained through the Department of Central Management Services
pursuant to Section 405-270 of the Department of Central
Management Services Law (20 ILCS 405/405-270). The programs and
services of educational service centers may be offered to
private school teachers and private school students within each
service center area provided public schools have already been
afforded adequate access to such programs and services.
Upon the abolition of the office, removal from office,
disqualification for office, resignation from office, or
expiration of the current term of office of the regional
superintendent of schools, whichever is earlier, centers
serving that portion of a Class II county school unit outside
of a city of 500,000 or more inhabitants shall have and

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exercise, in and with respect to each educational service
region having a population of 2,000,000 or more inhabitants and
in and with respect to each school district located in any such
educational service region, all of the rights, powers, duties,
and responsibilities theretofore vested by law in and exercised
and performed by the regional superintendent of schools for
that area under the provisions of this Code or any other laws
of this State.
On or before June 1, 2012, with consideration given to any
recommendation received from the governing board for each
educational service center serving that portion of a Class II
county school unit outside of a city of 500,000 or more
inhabitants and from the State Superintendent of Education, the
State Board of Education shall appoint an executive director
for each educational service center serving that portion of a
Class II county school unit outside of a city of 500,000 or
more inhabitants, who shall enter upon the discharge of his or
her duties on July 1, 2012. Each executive director appointed
pursuant to this paragraph shall serve a term of either 2, 3,
or 4 years, as established by the State Board of Education.
Thereafter, prior to the expiration of the term of each
executive director, the State Board of Education shall appoint
or re-appoint an executive director for each educational
service center serving that portion of a Class II county school
unit outside of a city of 500,000 or more inhabitants to serve
for a 4-year term.

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Executive directors for educational service centers
serving that portion of a Class II county school unit outside
of a city of 500,000 or more inhabitants shall serve under a
performance-based contract with the State Board of Education
that provides funding for the salary of the executive director
and other staff necessary to provide core services and for
other expenses necessary to provide core services, as such core
services are defined by the State Board of Education in the
performance-based contract. The performance-based contract
shall include a regional plan to improve academic performance
within the region served by the educational service center,
improve fiscal efficiency of school districts as determined
pursuant to Section 17-1.10 of this Code, eliminate duplication
of services and duplicative expenditures of resources both
within the educational service region and across educational
service regions, provide for joint purchasing, and consolidate
overlapping regional service delivery systems. Performance
metrics for the executive director and the educational service
center shall include, but are not limited to, metrics based on
progress toward attaining the goals and objectives in the
regional plan, adherence to accreditation standards adopted by
the State Board of Education for educational service centers,
program service evaluations, indicators of district academic
performance, and indicators of district fiscal efficiency.
In addition to core services defined in the
performance-based contract, educational service centers may

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provide other services funded through public or private grants
or delivered to school districts on a fee-for-service basis.
The State Board of Education may terminate the appointment
of an executive director, terminate the performance-based
contract for the educational service center, or withhold or
reduce funding to the educational service center for cause,
including failure to achieve satisfactory performance. The
contract is subject to termination in the event of
consolidation of the educational service region with another
educational service region pursuant to Section 3A-4 of this
Code.
In the event of resignation or removal of an executive
director prior to the expiration of his or her term, the State
Board of Education shall appoint an interim executive director
to serve for the remainder of the term.
The State Board of Education shall promulgate rules and
regulations necessary to implement this Section. The rules
shall include detailed standards which delineate the scope and
specific content of programs to be provided by each Educational
Service Center, as well as the specific planning,
implementation and evaluation services to be provided by each
Center relative to its programs. The Board shall also provide
the standards by which it will evaluate the programs provided
by each Center.
(b) Centers serving Class 1 county school units shall be
governed by an 11-member board, 3 members of which shall be

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public school teachers nominated by the local bargaining
representatives to the appropriate regional superintendent for
appointment and no more than 3 members of which shall be from
each of the following categories, including but not limited to
superintendents, regional superintendents, school board
members and a representative of an institution of higher
education. The members of the board shall be appointed by the
regional superintendents whose school districts are served by
the educational service center. The composition of the board
will reflect the revisions of this amendatory Act of 1989 as
the terms of office of current members expire.
(c) The centers shall be of sufficient size and number to
assure delivery of services to all local school districts in
the State.
(d) From monies appropriated for this program the State
Board of Education shall provide grants to qualifying
Educational Service Centers applying for such grants in
accordance with rules and regulations promulgated by the State
Board of Education to implement this Section.
(e) The governing authority of each of the 18 regional
educational service centers shall appoint a family life - sex
education advisory board consisting of 2 parents, 2 teachers, 2
school administrators, 2 school board members, 2 health care
professionals, one library system representative, and the
director of the regional educational service center who shall
serve as chairperson of the advisory board so appointed.

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Members of the family life - sex education advisory boards
shall serve without compensation. Each of the advisory boards
appointed pursuant to this subsection shall develop a plan for
regional teacher-parent family life - sex education training
sessions and shall file a written report of such plan with the
governing board of their regional educational service center.
The directors of each of the regional educational service
centers shall thereupon meet, review each of the reports
submitted by the advisory boards and combine those reports into
a single written report which they shall file with the Citizens
Council on School Problems prior to the end of the regular
school term of the 1987-1988 school year.
(f) The 14 educational service centers serving Class I
county school units shall be disbanded on the first Monday of
August, 1995, and their statutory responsibilities and
programs shall be assumed by the regional offices of education,
subject to rules and regulations developed by the State Board
of Education. The regional superintendents of schools elected
by the voters residing in all Class I counties shall serve as
the chief administrators for these programs and services. By
rule of the State Board of Education, the 10 educational
service regions of lowest population shall provide such
services under cooperative agreements with larger regions.
(Source: P.A. 96-893, eff. 7-1-10.)
(105 ILCS 5/3-1) (from Ch. 122, par. 3-1)

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Sec. 3-1. Appointment; performance-based contracts
Election; eligibility. Quadrennially there shall be elected in
every county, except those which have been consolidated into a
multicounty educational service region under Article 3A and
except those having a population of 2,000,000 or more
inhabitants, a regional superintendent of schools, who shall
enter upon the discharge of his duties on the first Monday of
August next after his election; provided, however, that the
term of office of each regional superintendent of schools in
office on the effective date of this amendatory Act of the 97th
General Assembly June 30, 2003 is terminated on July 1, 2012
2003, except that an incumbent regional superintendent of
schools shall continue to serve until his successor is
appointed pursuant to this Section. elected and qualified, and
each regional superintendent of schools elected at the general
election in 2002 and every four years thereafter shall assume
office on the first day of July next after his election. No one
is eligible to file his petition at any primary election for
the nomination as candidate for the office of regional
superintendent of schools nor to enter upon the duties of such
office either by election or appointment unless he possesses
the following qualifications: (1) he is of good character, (2)
he has a master's degree, (3) he has earned at least 20
semester hours of credit in professional education at the
graduate level, (4) he holds a valid all grade supervisory
certificate or a valid state limited supervisory certificate,

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or a valid state life supervisory certificate, or a valid
administrative certificate, (5) he has had at least 4 years
experience in teaching, and (6) he was engaged for at least 2
years of the 4 previous years in full time teaching or
supervising in the common public schools or serving as a county
superintendent of schools or regional superintendent of
schools for an educational service region in the State of
Illinois.
On or before June 1, 2012, with consideration given to any
recommendation received from the advisory board for each
regional office of education established pursuant to Section
3A-16 of this Code and from the State Superintendent of
Education, the State Board of Education shall appoint a
regional superintendent of schools in every educational
service region, including a multi-county educational service
region under Article 3A of this Code, except those having a
population of 2,000,000 or more inhabitants, who shall enter
upon the discharge of his or her duties on July 1, 2012. Each
regional superintendent appointed on or before June 1, 2012
shall serve a term of either 2, 3, or 4 years, as established
by the State Board of Education. Thereafter, prior to the
expiration of the term of each regional superintendent, the
State Board of Education shall appoint or re-appoint a regional
superintendent of schools in every educational service region,
including a multi-county educational service region under
Article 3A of this Code, except those having a population of

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2,000,000 or more inhabitants, to serve for a 4-year term.
Regional superintendents shall serve under a
performance-based contract with the State Board of Education
that provides funding for the salary of the regional
superintendent, any assistant regional superintendents, and
other staff necessary to provide core services and for other
expenses necessary to provide core services, as such core
services are defined by the State Board of Education in the
performance-based contract. The performance-based contract
shall include a regional plan to improve academic performance
within the educational service region, improve fiscal
efficiency of school districts as determined pursuant to
Section 17-1.10 of this Code, eliminate duplication of services
and duplicative expenditures of resources both within the
educational service region and across educational service
regions, provide for joint purchasing, and consolidate
overlapping regional service delivery systems. Performance
metrics for the regional superintendent and the regional office
of education shall include, but are not limited to, metrics
based on progress toward attaining the goals and objectives in
the regional plan, adherence to accreditation standards
adopted by the State Board of Education for regional offices of
education, program service evaluations, indicators of district
academic performance, and indicators of district fiscal
efficiency.
In addition to core services defined in the

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performance-based contract, regional offices of education may
provide other services funded through public or private grants
or delivered to school districts on a fee-for-service basis.
The State Board of Education may terminate the appointment
of a regional superintendent, terminate the performance-based
contract for the regional office of education, or withhold or
reduce funding to the regional office of education for cause,
including failure to achieve satisfactory performance. The
contract is subject to termination in the event of
consolidation of the educational service region with another
educational service region pursuant to Section 3A-4 of this
Code.
In the event of resignation or removal of a regional
superintendent prior to the expiration of his or her term, the
State Board of Education shall appoint an interim regional
superintendent to serve for the remainder of the term.
No petition of any candidate for nomination for the office
of regional superintendent of schools may be filed and no such
candidate's name may be placed on a primary or general election
ballot, unless such candidate files as part of his petition a
certificate from the State Board of Education certifying that
from the records of its office such candidate has the
qualifications required by this Section; however, any
incumbent filing his petition for nomination for a succeeding
term of office shall not be required to attach such certificate
to his petition of candidacy.

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Nomination papers filed under this Section are not valid
unless the candidate named therein files with the county clerk
or State Board of Elections a statement of economic interests
as required by the Illinois Governmental Ethics Act. Such
receipt shall be so filed either previously during the calendar
year in which his nomination papers were filed or within the
period for the filing of nomination papers in accordance with
the general election law.
The changes in qualifications made by Public Act 76-1563 do
not affect the right of an incumbent to seek reelection.
On and after July 1, 1994, the provisions of this Section
shall have no application in any educational service region
having a population of 2,000,000 or more inhabitants; provided
further that no election shall be held in November of 1994 or
at any other time after July 1, 1992 for the office of regional
superintendent of schools in any county or educational service
region having a population of 2,000,000 or more inhabitants.
(Source: P.A. 96-893, eff. 7-1-10.)
(105 ILCS 5/3-1.1) (from Ch. 122, par. 3-1.1)
(Section scheduled to be repealed on July 1, 2012)
Sec. 3-1.1. Eligible voters. Whenever a unit school
district is located in more than one educational service
region, a qualified elector residing in that unit school
district but outside of the educational service region
administered by the regional superintendent of schools having

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supervision and control over that unit school district shall be
eligible to vote in any election held to elect the regional
superintendent of schools of the educational service region
that is administered by the regional superintendent of schools
who has supervision and control over that unit school district,
but the elector shall not also be eligible to vote in the
election held to elect the regional superintendent of schools
of the educational service region in which the elector resides.
Not less than 100 days before each general primary
election, the regional superintendent of schools shall certify
to the State Board of Elections a list of each unit school
district under his or her supervision and control and each
county in which all or any part of each of those districts is
located. The State Board of Elections shall certify each of
those unit school districts and counties to the appropriate
election authorities within 20 days after receiving the list
certified by the regional superintendent of schools.
The election authority in a single county educational
service region whose regional superintendent of schools
exercises supervision and control over a unit school district
that is located in that single county educational service
region and in one or more other educational service regions
shall certify to the election authority of each of those other
educational service regions in which the unit school district
is located the candidates for the office of the regional
superintendent of schools exercising supervision and control

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over that unit school district.
This Section is repealed on July 1, 2012.
(Source: P.A. 87-328; 88-535.)
(105 ILCS 5/3-2) (from Ch. 122, par. 3-2)
(Section scheduled to be repealed on July 1, 2012)
Sec. 3-2. Oath of office - Bond - Salary. Before entering
upon his or her duties a regional superintendent of schools
shall take and subscribe the oath prescribed by the
Constitution and execute a bond payable to the People of the
State of Illinois with 2 or more responsible persons having an
interest in real estate as sureties (or, if the county is
self-insured, the county through its self-insurance program
may provide bonding), to be approved by the county board in a
penalty of not less than $100,000, conditioned upon the
faithful discharge of his or her duties and upon the delivery
to his or her successor in office of all monies, books, papers
and property in his or her custody as such regional
superintendent of schools.
This bond shall be filed in the office of the county clerk,
and action upon it may be maintained by any corporate body
interested, for the benefit of any township or fund injured by
any breach of its condition.
If any vacancy in the office of regional superintendent of
schools occurs, such vacancy shall be filled in the manner
provided by Section 3A-6.

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Regional Superintendents of Schools shall receive the
salary provided by Section 3-2.5.
On and after July 1, 1994, the provisions of this Section
shall have no application in any educational service region
having a population of 2,000,000 or more inhabitants.
This Section is repealed on July 1, 2012.
(Source: P.A. 88-387; 89-233, eff. 1-1-96.)
(105 ILCS 5/3-2.5)
Sec. 3-2.5. Salaries.
(a) Except as otherwise provided in this Section, the
regional superintendents of schools shall receive for their
services an annual salary according to the population, as
determined by the last preceding federal census, of the region
they serve, as set out in the following schedule:
SALARIES OF REGIONAL SUPERINTENDENTS OF
SCHOOLS
POPULATION OF REGION ANNUAL SALARY
Less than 48,000 $73,500
48,000 to 99,999 $78,000
100,000 to 999,999 $81,500
1,000,000 and over $83,500
The changes made by Public Act 86-98 in the annual salary
that the regional superintendents of schools shall receive for
their services shall apply to the annual salary received by the
regional superintendents of schools during each of their

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elected terms of office that commence after July 26, 1989 and
before the first Monday of August, 1995.
The changes made by Public Act 89-225 in the annual salary
that regional superintendents of schools shall receive for
their services shall apply to the annual salary received by the
regional superintendents of schools during their elected terms
of office that commence after August 4, 1995 and end on August
1, 1999.
The changes made by this amendatory Act of the 91st General
Assembly in the annual salary that the regional superintendents
of schools shall receive for their services shall apply to the
annual salary received by the regional superintendents of
schools during each of their elected terms of office that
commence on or after August 2, 1999.
Beginning July 1, 2000, the salary that the regional
superintendent of schools receives for his or her services
shall be adjusted annually to reflect the percentage increase,
if any, in the most recent Consumer Price Index, as defined and
officially reported by the United States Department of Labor,
Bureau of Labor Statistics, except that no annual increment may
exceed 2.9%. If the percentage of change in the Consumer Price
Index is a percentage decrease, the salary that the regional
superintendent of schools receives shall not be adjusted for
that year.
When regional superintendents are authorized by the School
Code to appoint assistant regional superintendents, the

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assistant regional superintendent shall receive an annual
salary based on his or her qualifications and computed as a
percentage of the salary of the regional superintendent to whom
he or she is assistant, as set out in the following schedule:
SALARIES OF ASSISTANT REGIONAL
SUPERINTENDENTS
QUALIFICATIONS OF PERCENTAGE OF SALARY
ASSISTANT REGIONAL OF REGIONAL
SUPERINTENDENT SUPERINTENDENT
No Bachelor's degree, but State
certificate valid for teaching
and supervising. 70%
Bachelor's degree plus
State certificate valid
for supervising. 75%
Master's degree plus
State certificate valid
for supervising. 90%
However, in any region in which the appointment of more
than one assistant regional superintendent is authorized,
whether by Section 3-15.10 of this Code or otherwise, not more
than one assistant may be compensated at the 90% rate and any
other assistant shall be paid at not exceeding the 75% rate, in
each case depending on the qualifications of the assistant.
The salaries provided in this Section for regional
superintendents and assistant regional superintendents are

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payable monthly. The State Comptroller in making his or her
warrant to any county for the amount due it shall deduct from
it the several amounts for which warrants have been issued to
the regional superintendent, and any assistant regional
superintendent, of the educational service region encompassing
the county since the preceding apportionment.
County boards may provide for additional compensation for
the regional superintendent or the assistant regional
superintendents, or for each of them, to be paid quarterly from
the county treasury.
This subsection (a) applies only until July 1, 2012.
(b) Upon abolition of the office of regional superintendent
of schools in educational service regions containing 2,000,000
or more inhabitants as provided in Section 3-0.01 of this Code,
the funds provided under subsection (a) of this Section shall
continue to be appropriated and reallocated, as provided for
pursuant to subsection (b) of Section 3-0.01 of this Code, to
the educational service centers established pursuant to
Section 2-3.62 of this Code for an educational service region
containing 2,000,000 or more inhabitants.
This subsection (b) applies only until July 1, 2012.
(c) If the State pays all or any portion of the employee
contributions required under Section 16-152 of the Illinois
Pension Code for employees of the State Board of Education, it
shall also pay the employee contributions required of regional
superintendents of schools and assistant regional

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superintendents of schools on the same basis, but excluding any
contributions based on compensation that is paid by the county
rather than the State.
This subsection (c) applies to contributions based on
payments of salary earned after the effective date of this
amendatory Act of the 91st General Assembly, except that in the
case of an elected regional superintendent of schools, this
subsection does not apply to contributions based on payments of
salary earned during a term of office that commenced before the
effective date of this amendatory Act.
(Source: P.A. 96-893, eff. 7-1-10; 96-1086, eff. 7-16-10;
revised 7-22-10.)
(105 ILCS 5/3-6) (from Ch. 122, par. 3-6)
Sec. 3-6. Financial report - Presentation of books and
vouchers for inspection. The regional superintendent shall
report, in writing, to the county board and the State Board of
Education, on or before January 1 of each year, stating, (1)
the balance on hand at the time of the last report, and all
receipts since that date, with the sources from which they were
derived; (2) the amount distributed to each of the school
treasurers in his county; (3) any balance on hand. At the same
time he shall present for inspection his books and vouchers for
all expenditures, and submit in writing a statement of the
condition of the institute fund and of any other funds in his
care, custody or control.

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(Source: P.A. 81-624.)
(105 ILCS 5/3-15.6) (from Ch. 122, par. 3-15.6)
Sec. 3-15.6. Additional employees. To employ, with the
approval of the county board, such additional employees as are
needed for the discharge of the duties of the office, subject
to the terms of a performance-based contract with the State
Board of Education. The non-clerical employees shall be persons
versed in the principles and methods of education, familiar
with public school work, competent to visit schools and
certificated pursuant to this Code if their duties are
comparable to those for which certification is required by this
Code.
On and after July 1, 1994, the provisions of this Section
shall have no application in any educational service region
having a population of 2,000,000 or more inhabitants.
(Source: P.A. 86-361; 87-654; 87-1251.)
(105 ILCS 5/3-15.8) (from Ch. 122, par. 3-15.8)
Sec. 3-15.8. Report to State Board of Education. On or
before November 15, annually, to present to the State Board of
Education such information relating to schools in his region as
the State Board of Education may require. The regional
superintendent shall provide such other reports as are required
under a performance-based contract with the State Board of
Education.

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(Source: P.A. 82-143.)
(105 ILCS 5/3-15.14) (from Ch. 122, par. 3-15.14)
Sec. 3-15.14. Cooperative Educational and Operational
Programs. To administer and direct a cooperative or joint
educational or operational program or project when 2 or more
districts request and authorize him to provide and administer
these services. Each regional superintendent of schools shall,
on an annual basis, develop proposed joint educational or
operational programs and solicit school district participation
in such programs. The regional superintendent He may provide
and contract for the staff, space, necessary materials,
supplies, books and apparatus for such agreements. The school
boards of the respective districts shall pay to the regional
superintendent the pro rata share of the expenses of the
operation of such programs, and the regional superintendent
shall use such funds in payment of such operational expenses.
The regional superintendent shall collect and remit the
required pension contributions from the participating
districts if the board of control of the program participates
in Article 7 of the Illinois Pension Code.
A board of control composed of one member from each
cooperating district and one member from the office of the
regional superintendent will set policy for the cooperative.
The agreement establishing the cooperative may provide that the
cooperative shall act as its own administrative district and

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shall be an entity separate and apart from the Educational
Service Region.
Each regional superintendent that is the administrator of a
joint agreement shall cause an annual financial statement to be
submitted on forms prescribed by the State Board of Education
exhibiting the financial condition of the program established
pursuant to the joint agreement for the fiscal year ending on
the immediately preceding June 30.
The regional superintendent may also administer, direct
and account for educational or operational programs of single
or multi-county educational service region, or of
multi-regional design which are sponsored and financed by State
or federal educational agencies, or by both such agencies. In
cases where funding for any such approved program is delayed,
the regional superintendent may borrow the funds required to
begin operation of the program in accordance with the terms of
the grant; and the principal amount so borrowed, together with
the interest due thereon, shall be paid from the grant moneys
when received.
(Source: P.A. 83-815; 86-1332.)
(105 ILCS 5/3A-4) (from Ch. 122, par. 3A-4)
Sec. 3A-4. Mandatory consolidation of educational service
regions.
(a) After October 15, 1993, each region must contain at
least 43,000 inhabitants. Regions may be consolidated

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voluntarily under Section 3A-3 or by joint resolution of the
county boards of regions seeking to join a voluntary
consolidation to meet these population requirements. The
boundaries of regions already meeting these population
requirements on the effective date of this amendatory Act of
1993 may not be changed except to consolidate with another
region or a whole county portion of another region which does
not meet these population requirements. If locally determined
consolidation decisions result in more than 45 regions of
population greater than 43,000 each, the State Board of
Education shall direct further consolidation, beginning with
the region of lowest population, until the number of 45 regions
is achieved.
(b) (Blank).
(c) If any region does not meet the population requirements
of this Section the State Board of Education, within 15 days
after the above said dates, shall direct such consolidation of
that region with another region or regions to which it is
contiguous as will result in a region conforming to these
population requirements.
(d) All population determinations shall be based on the
most recent federal census.
(e) The State Board of Education may direct the
consolidation of educational service regions to:
(1) create greater efficiency across regions; or
(2) in the event a regional office of education fails

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to achieve performance metrics set forth in its
performance-based contract, deliver improved services to
school districts within the educational service region.
The direction shall include a date upon which the terms of
office of the regional superintendents of schools included
within the consolidation shall expire. Prior to any such
direction, the State Board of Education shall solicit comments
on the consolidation from stakeholders within the affected
educational service regions and hold a public hearing on the
consolidation in one of the affected educational service
regions.
(Source: P.A. 88-89; 89-608, eff. 8-2-96.)
(105 ILCS 5/3A-5) (from Ch. 122, par. 3A-5)
Sec. 3A-5. Effective date of consolidation. Any
consolidation of regions, whether under Section 3A-3 or 3A-4,
shall take effect at the expiration of the terms of office of
the regional superintendents in office at the time the
consolidation is approved under Section 3A-3 or directed under
Section 3A-4, provided that a consolidation under subsection
(e) of Section 3A-4 shall take effect on the date established
by the State Board of Education in its direction to
consolidate. However, at the regular election immediately
preceding the effective date of the consolidation at which
regional superintendents are to be elected in accordance with
the general election law, regional superintendents shall not be

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elected from each of the regions comprising the consolidated
region, but one regional superintendent shall be elected to
take office on the effective date of the consolidation.
(Source: P.A. 88-89.)
(105 ILCS 5/3A-6) (from Ch. 122, par. 3A-6)
(Section scheduled to be repealed on July 1, 2012)
Sec. 3A-6. Election of Superintendent for consolidated
region - Bond - Vacancies in any educational service region.
(a) The regional superintendent to be elected under Section
3A-5 shall be elected at the time provided in the general
election law and must possess the qualifications described in
Section 3-1 of this Act.
(b) The bond required under Section 3-2 shall be filed in
the office of the county clerk in the county where the regional
office is situated, and a certified copy of that bond shall be
filed in the office of the county clerk in each of the other
counties in the region.
(c) When a vacancy occurs in the office of regional
superintendent of schools of any educational service region
which is not located in a county which is a home rule unit,
such vacancy shall be filled within 60 days (i) by appointment
of the chairman of the county board, with the advice and
consent of the county board, when such vacancy occurs in a
single county educational service region; or (ii) by
appointment of a committee composed of the chairmen of the

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county boards of those counties comprising the affected
educational service region when such vacancy occurs in a
multicounty educational service region, each committeeman to
be entitled to one vote for each vote that was received in the
county represented by such committeeman on the committee by the
regional superintendent of schools whose office is vacant at
the last election at which a regional superintendent was
elected to such office, and the person receiving the highest
number of affirmative votes from the committeemen for such
vacant office to be deemed the person appointed by such
committee to fill the vacancy. The appointee shall be a member
of the same political party as the regional superintendent of
schools the appointee succeeds was at the time such regional
superintendent of schools last was elected. The appointee shall
serve for the remainder of the term. However, if more than 28
months remain in that term, the appointment shall be until the
next general election, at which time the vacated office shall
be filled by election for the remainder of the term.
Nominations shall be made and any vacancy in nomination shall
be filled as follows:
(1) If the vacancy in office occurs before the first
date provided in Section 7-12 of the Election Code for
filing nomination papers for county offices for the primary
in the next even-numbered year following commencement of
the term of office in which the vacancy occurs, nominations
for the election for filling the vacancy shall be made

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pursuant to Article 7 of the Election Code.
(2) If the vacancy in office occurs during the time
provided in Section 7-12 of the Election Code for filing
nomination papers for county offices for the primary in the
next even-numbered year following commencement of the term
of office in which the vacancy occurs, the time for filing
nomination papers for the primary shall not be more than 91
days nor less than 85 days prior to the date of the
primary.
(3) If the vacancy in office occurs after the last day
provided in Section 7-12 of the Election Code for filing
nomination papers for county offices for the primary in the
next even-numbered year following commencement of the term
of office in which the vacancy occurs, a vacancy in
nomination shall be deemed to have occurred and the county
central committee of each established political party (if
the vacancy occurs in a single county educational service
region) or the multi-county educational service region
committee of each established political party (if the
vacancy occurs in a multi-county educational service
region) shall nominate, by resolution, a candidate to fill
the vacancy in nomination for election to the office at the
general election. In the nomination proceedings to fill the
vacancy in nomination, each member of the county central
committee or the multi-county educational service region
committee, whichever applies, shall have the voting

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strength as set forth in Section 7-8 or 7-8.02 of the
Election Code, respectively. The name of the candidate so
nominated shall not appear on the ballot at the general
primary election. The vacancy in nomination shall be filled
prior to the date of certification of candidates for the
general election.
(4) The resolution to fill the vacancy shall be duly
acknowledged before an officer qualified to take
acknowledgments of deeds and shall include, upon its face,
the following information: (A) the name of the original
nominee and the office vacated; (B) the date on which the
vacancy occurred; and (C) the name and address of the
nominee selected to fill the vacancy and the date of
selection. The resolution to fill the vacancy shall be
accompanied by a statement of candidacy, as prescribed in
Section 7-10 of the Election Code, completed by the
selected nominee, a certificate from the State Board of
Education, as prescribed in Section 3-1 of this Code, and a
receipt indicating that the nominee has filed a statement
of economic interests as required by the Illinois
Governmental Ethics Act.
The provisions of Sections 10-8 through 10-10.1 of the Election
Code relating to objections to nomination papers, hearings on
objections, and judicial review shall also apply to and govern
objections to nomination papers and resolutions for filling
vacancies in nomination filed pursuant to this Section. Unless

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otherwise specified in this Section, the nomination and
election provided for in this Section is governed by the
general election law.
Except as otherwise provided by applicable county
ordinance or by law, if a vacancy occurs in the office of
regional superintendent of schools of an educational service
region that is located in a county that is a home rule unit and
that has a population of less than 2,000,000 inhabitants, that
vacancy shall be filled by the county board of such home rule
county.
Any person appointed to fill a vacancy in the office of
regional superintendent of schools of any educational service
region must possess the qualifications required to be elected
to the position of regional superintendent of schools, and
shall obtain a certificate of eligibility from the State
Superintendent of Education and file same with the county clerk
of the county in which the regional superintendent's office is
located.
If the regional superintendent of schools is called into
the active military service of the United States, his office
shall not be deemed to be vacant, but a temporary appointment
shall be made as in the case of a vacancy. The appointee shall
perform all the duties of the regional superintendent of
schools during the time the regional superintendent of schools
is in the active military service of the United States, and
shall be paid the same compensation apportioned as to the time

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of service, and such appointment and all authority thereunder
shall cease upon the discharge of the regional superintendent
of schools from such active military service. The appointee
shall give the same bond as is required of a regularly elected
regional superintendent of schools.
This Section is repealed on July 1, 2012.
(Source: P.A. 96-893, eff. 7-1-10.)
(105 ILCS 5/17-1.10 new)
Sec. 17-1.10. Fiscal efficiency.
(a) By no later than December 31, 2011, the State Board of
Education shall establish criteria and metrics for determining
the fiscal efficiency of school districts and for identifying
districts that are fiscally inefficient and highly fiscally
efficient. The criteria and metrics shall include, but are not
limited to, consideration of expenditures per pupil, resources
available for the district's instructional program,
expenditures for administrative expenditures as defined in
Section 17-1.5 of this Code, and the extent of cooperative and
shared services arrangements utilized by the school district.
(b) Using the criteria and metrics for fiscal efficiency
established by the State Board of Education pursuant to
subsection (a) of this Section, each regional superintendent of
schools and executive director of an educational service center
serving that portion of a Class II county school unit outside
of a city of 500,000 or more inhabitants may review the fiscal

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efficiency of school districts served by the regional
superintendent or executive director. The review shall
consider services and functions performed by the school
district that may be shared or consolidated with other school
districts, including, but not limited to, bidding and
purchasing, back-office functions such as payroll and
accounting, information technology, professional development,
grant writing, food service management, administrative
positions, and educational functions. The State Board of
Education shall adopt administrative rules for the schedule,
process, and reporting of the reviews performed in accordance
with this subsection (b).
(c) For school districts determined by a regional
superintendent or executive director of an educational service
center to be fiscally inefficient, the regional superintendent
or executive director and school district shall jointly prepare
a plan that addresses and considers actions that may improve
the district's fiscal efficiency, including, but not limited
to, the sharing of services, the establishment of cooperative
educational or operational programs pursuant to Section
3-15.14 of this Code, and school district consolidation or
reorganization. The plan must be approved by the school board
and published on the Internet website for the school district,
if any.
(d) Any school district may submit a plan to the regional
superintendent or executive director of an educational service

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center serving the school district demonstrating that the
school district is highly fiscally efficient or has established
plans and a timeline for becoming highly fiscally efficient.
The regional superintendent or executive director of an
educational service center shall review the plan and
independently determine whether the school district is highly
fiscally efficient or has established plans and a timeline for
becoming highly fiscally efficient.
(e) The State Board of Education shall establish sanctions
for fiscally inefficient districts that fail to adopt or make
adequate progress on implementing a plan to improve fiscal
efficiency. Sanctions may include, but are not limited to, any
one or more of the following:
(1) ineligibility or a lower priority for any
discretionary grant program administered by the State
Board of Education, unless the State Board of Education is
prohibited by law from considering fiscal efficiency as
part of the program;
(2) a requirement that the district's fiscal
efficiency plan be developed or modified in consultation
with and with the approval of a designee of the State Board
of Education;
(3) a requirement that the school district's annual
budget for each fiscal year required by Section 17-1 of
this Code be approved by a designee of the State Board of
Education;

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(4) a requirement that the school district undertake a
school district reorganization study; or
(5) after more than 3 years of failure to improve
fiscal efficiency, nonrecognition of the school district.
If a school district is nonrecognized in its entirety, it
shall automatically be dissolved on July 1 following that
nonrecognition and its territory realigned with another
school district or districts by the regional board of
school trustees in accordance with the procedures set forth
in Section 7-11 of this Code.
(f) The State Board of Education shall establish incentives
for highly fiscally efficient school districts. Incentives may
include, but are not limited to, a higher priority for any
discretionary grant program administered by the State Board of
Education, unless the State Board of Education is prohibited by
law from considering fiscal efficiency as part of the program.
(g) The State Board of Education is authorized to
administer a Fiscal Efficiency Revolving Loan Program from
funds appropriated from the Fiscal Efficiency Revolving Loan
Fund for the purpose of financing cooperative educational or
operational programs that improve fiscal efficiency. Fiscal
efficiency loans shall be made available to the fiscal agent of
a cooperative educational or operational program established
pursuant to Section 3-15.14 of this Code or a fiscal agent
established by intergovernmental agreement of 2 or more school
districts.

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The State Board of Education shall determine the interest
rate the loans shall bear, which shall not be greater than 50%
of the rate for the most recent date shown in the 20 G.O. Bonds
Index of average municipal bond yields as published in the most
recent edition of The Bond Buyer, published in New York, New
York. The repayment period for fiscal efficiency loans shall
not exceed 7 years.
The State Board of Education shall have the authority to
adopt all rules necessary for the implementation and
administration of the Fiscal Efficiency Revolving Loan
Program, including, but not limited to, rules defining
application procedures, requiring appropriate local
commitments, prescribing a mechanism for disbursing loan funds
in the event requests exceed available funds, specifying
collateral, and prescribing actions necessary to protect the
State's interest in the event of default, foreclosure, or
noncompliance with the terms and conditions of the loans.
(h) There is created in the State treasury the Fiscal
Efficiency Revolving Loan Fund. The State Board of Education
shall have the authority to make expenditures from the Fund
pursuant to appropriations made for the purposes of this
Section, including refunds. Amounts shall be deposited into the
Fund, including, but not limited to, the following:
(1) all receipts, including principal and interest
payments, from any loan made from the Fund;
(2) all proceeds of assets of whatever nature received

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by the State Board as a result of default or delinquency
with respect to loans made from the Fund;
(3) any appropriations, grants, or gifts made to the
Fund; and
(4) any income received from interest on investments of
money in the Fund.
Section 10. The State Finance Act is amended by adding
Section 5.786 as follows:
(30 ILCS 105/5.786 new)
Sec. 5.786. The Fiscal Efficiency Revolving Loan Fund.".