Bill Text: IL SB0449 | 2019-2020 | 101st General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the engrossed bill with the following changes. With regard to a student who is a victim of gender-based violence and who seeks transfer to another school, provides that the school district the student transfers to must be an adjoining school district, unless there is no attendance center, school facility, or school location in that district in which the student's attendance poses no risk to the student's mental or physical well-being or safety. Provides that the school district the student seeks to transfer to may deny a transfer to a particular attendance center if (i) the attendance center exceeds or, as a result of the transfer, would exceed its attendance capacity, (ii) the student does not meet the attendance center's academic criteria for enrollment, or (iii) the transfer would prevent the school district from meeting obligations under State or federal law, a court order, or a consent decree. Provides that if no adjoining school district is available for transfer, the student may transfer to another school district, unless there is no attendance center, school facility, or school location in that district in which the student's attendance poses no risk to the student's mental or physical well-being or safety. With regard to the Children and Youth Who Are Parents, Expectant Parents, or Victims of Gender-Based Violence Article, defines "sexual activity" and modifies other definitions. Changes the membership of the Ensuring Success in School working group and requires the members to serve for a term of 2 years, which may be extended for a second term. Requires the working group to incorporate the advice and recommendations of youth who are parents, expectant parents, and victims of gender-based violence into the working group's advice to the State Board of Education on the implementation, monitoring, and evaluation of the Article. Requires complaint resolution procedures to be adopted by each school district by January 1, 2021 (rather than July 1, 2020) and adds a complaint of a violation of the Article as part of the procedure; makes conforming changes. Makes other changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 54-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB0449 Detail]
Download: Illinois-2019-SB0449-Introduced.html
Bill Title: Reinserts the provisions of the engrossed bill with the following changes. With regard to a student who is a victim of gender-based violence and who seeks transfer to another school, provides that the school district the student transfers to must be an adjoining school district, unless there is no attendance center, school facility, or school location in that district in which the student's attendance poses no risk to the student's mental or physical well-being or safety. Provides that the school district the student seeks to transfer to may deny a transfer to a particular attendance center if (i) the attendance center exceeds or, as a result of the transfer, would exceed its attendance capacity, (ii) the student does not meet the attendance center's academic criteria for enrollment, or (iii) the transfer would prevent the school district from meeting obligations under State or federal law, a court order, or a consent decree. Provides that if no adjoining school district is available for transfer, the student may transfer to another school district, unless there is no attendance center, school facility, or school location in that district in which the student's attendance poses no risk to the student's mental or physical well-being or safety. With regard to the Children and Youth Who Are Parents, Expectant Parents, or Victims of Gender-Based Violence Article, defines "sexual activity" and modifies other definitions. Changes the membership of the Ensuring Success in School working group and requires the members to serve for a term of 2 years, which may be extended for a second term. Requires the working group to incorporate the advice and recommendations of youth who are parents, expectant parents, and victims of gender-based violence into the working group's advice to the State Board of Education on the implementation, monitoring, and evaluation of the Article. Requires complaint resolution procedures to be adopted by each school district by January 1, 2021 (rather than July 1, 2020) and adds a complaint of a violation of the Article as part of the procedure; makes conforming changes. Makes other changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 54-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB0449 Detail]
Download: Illinois-2019-SB0449-Introduced.html
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning education.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 5. The School Code is amended by changing Section | |||||||||||||||||||
5 | 1B-22 as follows:
| |||||||||||||||||||
6 | (105 ILCS 5/1B-22)
| |||||||||||||||||||
7 | Sec. 1B-22. Additional Powers of the Panel. For Panels | |||||||||||||||||||
8 | established under
Section 1B-4 for a
district which had its | |||||||||||||||||||
9 | financial plan rescinded by the
the State Board for
violating | |||||||||||||||||||
10 | that plan as
provided in Section 1A-8, the Panel shall have the | |||||||||||||||||||
11 | following additional powers: | |||||||||||||||||||
12 | (a) As necessary to carry out its purposes when district | |||||||||||||||||||
13 | resources are not
readily available or appropriate for use by | |||||||||||||||||||
14 | the Panel, the Panel may make and
execute contracts, leases, | |||||||||||||||||||
15 | subleases and all other instruments or agreements
necessary or | |||||||||||||||||||
16 | convenient for the exercise of the powers and functions granted | |||||||||||||||||||
17 | by
this Article.
| |||||||||||||||||||
18 | (b) As necessary to carry out its purposes when district | |||||||||||||||||||
19 | resources are not
readily available or appropriate for use by | |||||||||||||||||||
20 | the Panel, the Panel may purchase
personal property necessary | |||||||||||||||||||
21 | or convenient for its purposes; mortgage, pledge
or otherwise | |||||||||||||||||||
22 | grant security interests in such properties;
and convey to the | |||||||||||||||||||
23 | district such of its property as, in the
judgment of the Panel, |
| |||||||
| |||||||
1 | is no longer necessary for its purposes.
| ||||||
2 | (c) As necessary to carry out its purposes when district | ||||||
3 | resources are not
readily available or appropriate for use by | ||||||
4 | the Panel, the Panel may appoint
officers, agents, and | ||||||
5 | employees of the Panel, define their duties and
qualifications, | ||||||
6 | and fix their compensation and employee benefits.
| ||||||
7 | (d) In order to investigate allegations of or incidents of | ||||||
8 | waste, fraud, or
financial mismanagement which the Board is | ||||||
9 | unable or unwilling to properly
investigate as requested by the | ||||||
10 | Panel, the Panel may appoint an Inspector
General who shall | ||||||
11 | have the authority to conduct investigations into such
| ||||||
12 | allegations or incidents.
The Inspector General shall make | ||||||
13 | recommendations
to the Panel about
its investigations. The | ||||||
14 | Inspector General shall be independent of the
operations of the | ||||||
15 | Panel and
the Board and perform other duties requested by the | ||||||
16 | Panel. The Inspector
General shall have
access to all | ||||||
17 | information and personnel necessary to perform the duties of | ||||||
18 | the
office. If the
Inspector General determines that a possible | ||||||
19 | criminal act has been committed or
that special
expertise is | ||||||
20 | required in the investigation, he shall immediately notify the
| ||||||
21 | State's Attorney in the
county in which the district is | ||||||
22 | located. All investigations conducted by the
Inspector General
| ||||||
23 | shall be conducted in a manner that ensures the preservation of | ||||||
24 | evidence for
use in criminal
prosecutions. At all times the | ||||||
25 | Inspector General shall be granted access to
any building or
| ||||||
26 | facility that is owned, operated, or leased by the Panel or the |
| |||||||
| |||||||
1 | Board. The
Inspector General shall
have the power to subpoena | ||||||
2 | witnesses and compel the production of books and
papers | ||||||
3 | pertinent
to an investigation authorized by this Code. Any | ||||||
4 | person who (1) fails to
appear in response to a
subpoena; (2) | ||||||
5 | fails to answer any question; (3) fails to produce any books or
| ||||||
6 | papers pertinent to an
investigation under this Code; or (4) | ||||||
7 | knowingly gives false testimony during an
investigation
under | ||||||
8 | this Code is guilty of a Class A misdemeanor. The Inspector | ||||||
9 | General
shall provide to the
Panel and the State Board of | ||||||
10 | Education a summary of reports and investigations
made under | ||||||
11 | this
Section for the previous fiscal year no later than January | ||||||
12 | 1 of each year. The
summaries shall
detail the final | ||||||
13 | disposition of those recommendations. The summaries shall not
| ||||||
14 | contain any
confidential or identifying information concerning | ||||||
15 | the subjects of the reports
and investigations.
The summaries | ||||||
16 | shall also include detailed recommended administrative actions
| ||||||
17 | and matters for
consideration by the State Board of Education | ||||||
18 | or the General Assembly.
| ||||||
19 | (e) No hiring or appointment of any person in any position | ||||||
20 | by the Board, the
superintendent, or any other officer or | ||||||
21 | employee of the Board shall be made or
entered into unless it
| ||||||
22 | is consistent with the Financial Plan and Budget in effect and | ||||||
23 | the staffing
plan approved by the
Panel under this Section. The | ||||||
24 | hiring or appointment of any person shall not be
binding on the
| ||||||
25 | Board unless and until it is in compliance with this Section. | ||||||
26 | The Board shall
submit to the Panel
for approval by the Panel a |
| |||||||
| |||||||
1 | staffing plan for the upcoming school year at the
same time as | ||||||
2 | the
submission of the Budget, except that the staffing plan for | ||||||
3 | the fiscal year
ending in 1997 shall be
submitted to the Panel | ||||||
4 | within 90 days after the effective date of this
amendatory Act | ||||||
5 | of 1996.
The staffing plan shall be accompanied by a cost | ||||||
6 | analysis and such other
information as the Panel
may require. | ||||||
7 | The Panel may
prescribe standards, procedures, and forms for | ||||||
8 | submission of the staffing plan.
The Panel shall approve the | ||||||
9 | staffing plan if the information
required to be
submitted is | ||||||
10 | complete and the staffing plan is consistent with the Budget | ||||||
11 | and
Financial Plan in
effect. Otherwise, the Panel shall reject | ||||||
12 | the staffing plan. In the event of
rejection, the Panel
shall | ||||||
13 | prescribe a procedure and standards for revision of the | ||||||
14 | staffing plan.
The Panel shall act on
the staffing plan at the | ||||||
15 | same time as the approval of the Budget, except that
the | ||||||
16 | staffing plan for
the fiscal year ending in 1997 shall be acted | ||||||
17 | upon within 60 days of the
submission of the
staffing plan by | ||||||
18 | the Board. The Board shall report to the Panel, at such times
| ||||||
19 | and in such manner
as the Panel may direct, concerning the | ||||||
20 | Board's compliance with each staffing
plan. The Panel
may | ||||||
21 | review the Board's operations, obtaining budgetary data and | ||||||
22 | financial
statements, may
require the Board to produce reports, | ||||||
23 | and shall have access to any other
information in the
| ||||||
24 | possession of the Board that it deems relevant. The Panel may | ||||||
25 | issue directives
to the Board to
assure compliance with the | ||||||
26 | staffing plan, including the issuance of reduction
in force |
| |||||||
| |||||||
1 | notices,
non-renewal of employment contracts, or any other | ||||||
2 | notices or actions required
by
contract or law.
The Board shall | ||||||
3 | produce such budgetary data, financial statements, reports, | ||||||
4 | and
other
information and shall comply with such directives. | ||||||
5 | After approval of each
staffing plan, the
Board shall regularly | ||||||
6 | reexamine the estimates on which it was based and revise
them | ||||||
7 | as
necessary. The Board shall promptly notify the Panel of any | ||||||
8 | material change in
the estimates in
the staffing plan. The | ||||||
9 | Board may submit to the Panel, or the Panel may require
the | ||||||
10 | Board to
submit, modifications to the staffing plan based upon | ||||||
11 | revised revenue or
expenditure estimates or
for any other good | ||||||
12 | reason. The Panel shall approve or reject each modified
| ||||||
13 | staffing plan within
60 days of its submission in a manner | ||||||
14 | similar to the provisions of this
subsection for the approval
| ||||||
15 | or rejection of the initial staffing plan.
| ||||||
16 | (f) The Panel shall examine the business records and audit | ||||||
17 | the accounts of
the
Board or
require that the Board examine its | ||||||
18 | business records and audit its accounts at
such time and in
| ||||||
19 | such manner as the Panel may prescribe. The Board shall appoint | ||||||
20 | a certified
public accountant
annually, approved by the Panel, | ||||||
21 | to audit its financial statements. The audit
conducted pursuant
| ||||||
22 | to this paragraph shall be in lieu of the audit that the Board | ||||||
23 | is required to
undertake pursuant to
Section 3-7.
| ||||||
24 | (g) The Panel shall initiate and direct financial | ||||||
25 | management
assessments
and similar analyses of the operations | ||||||
26 | of the Board as may, in the judgment of
the Panel, assure
sound |
| |||||||
| |||||||
1 | and efficient financial management of the Board. Upon the | ||||||
2 | completion of
these
assessments, the Panel shall give | ||||||
3 | directives to the Board regarding
improvements and changes
that | ||||||
4 | derive from these assessments, which the Board shall implement. | ||||||
5 | In
conjunction with its
budgetary submission to the Panel for | ||||||
6 | each fiscal year, the Board shall
demonstrate to the
| ||||||
7 | satisfaction of the Panel that the directives of the Panel have | ||||||
8 | been
implemented in whole or in
part or, in the alternative, | ||||||
9 | are not capable of being implemented. In
consideration of | ||||||
10 | whether to
approve or reject the budget for a fiscal year, the | ||||||
11 | Panel shall adjudge whether
the Board has fully
considered and | ||||||
12 | responsibly proposed implementation of the Panel's directives.
| ||||||
13 | (h) The Panel shall initiate and direct a management audit | ||||||
14 | of the Board at
least once
every 2 years. The audit shall | ||||||
15 | review the personnel, organization, contracts,
leases, and | ||||||
16 | physical
properties of the Board to determine whether the Board | ||||||
17 | is managing and
utilizing its resources in
an economical and | ||||||
18 | efficient manner. The audit shall determine the causes of
any | ||||||
19 | inefficiencies
or uneconomical practices, including | ||||||
20 | inadequacies in internal and
administrative procedures,
| ||||||
21 | organizational structure, uses of resources, utilization of | ||||||
22 | real property,
allocation of personnel,
purchasing policies, | ||||||
23 | and equipment.
| ||||||
24 | (i) In the event that the Board refuses or fails to follow | ||||||
25 | a directive of
the
Panel to issue
notices of non-renewal of | ||||||
26 | contracts, to issue notices of reduction in force to
employees, |
| |||||||
| |||||||
1 | to issue
requests for bids or proposals, or to obtain financial | ||||||
2 | or other information
that the Panel finds necessary for the | ||||||
3 | implementation of
its responsibilities
under this Article, the | ||||||
4 | Panel may take such action in the name of the district,
and | ||||||
5 | such action shall
be binding the same as if the action had been | ||||||
6 | taken by the Board. The powers
established by this
paragraph do | ||||||
7 | not authorize the Panel to enter into contracts in the name of | ||||||
8 | the
Board.
| ||||||
9 | (j) The Panel shall meet with the Board or its designees in | ||||||
10 | closed session
prior to the
Board commencing any collective | ||||||
11 | bargaining negotiations to discuss the
financial issues | ||||||
12 | relevant
to the bargaining and for the purpose of the Panel | ||||||
13 | approving the budget
limitations for the
potential collective | ||||||
14 | bargaining agreement. The Board shall not make or
consider any | ||||||
15 | proposal
which does not comply with the collective bargaining | ||||||
16 | budget approved by the
Panel. The Board
shall keep the Panel | ||||||
17 | apprised as to the status of the bargaining. The Board
shall | ||||||
18 | present any
proposed change in the approved collective | ||||||
19 | bargaining budget to the Panel in
closed session for
approval. | ||||||
20 | Prior to the Board taking a final vote on any tentative | ||||||
21 | agreement
approved by the
employee organization, the Board | ||||||
22 | shall discuss the tentative agreement with the
Panel in closed
| ||||||
23 | session. Upon final approval of a collective bargaining | ||||||
24 | agreement by both the
Board and the
employee organization, the | ||||||
25 | Board shall submit the final collective bargaining
agreement to | ||||||
26 | the
Panel for approval. At the same time that the Board submits |
| |||||||
| |||||||
1 | the final
agreement to the Panel,
the Board shall notify the | ||||||
2 | employee organization that the final agreement has
been | ||||||
3 | submitted and
the date of the Panel meeting at which the final | ||||||
4 | agreement will be considered.
The employee
organization shall | ||||||
5 | be provided an opportunity to discuss the final agreement
with | ||||||
6 | the Panel prior
to the Panel taking action on the agreement. No | ||||||
7 | collective bargaining
agreement shall be binding
upon the | ||||||
8 | district unless the Board has followed the requirements of this
| ||||||
9 | paragraph and the final
agreement has been approved by the | ||||||
10 | Panel.
| ||||||
11 | (k) The budget of the Panel or any revisions to the budget, | ||||||
12 | including any
costs
to the
Panel associated with the | ||||||
13 | appointment of an Inspector General, shall be
approved by the | ||||||
14 | State
Superintendent upon request of the Panel and after | ||||||
15 | opportunity for response by
the Board.
| ||||||
16 | (Source: P.A. 89-572, eff. 7-30-96.)
|