§ 1B-6 — General powers

The purpose of the Financial Oversight Panel shall be to exercise financial control over the board of education, and, when approved by the State Board and the State Superintendent of Education, to furnish financial assistance so that the board can provide public education within the board's jurisdiction while permitting the board to meet its obligations to its creditors and the holders of its notes and bonds. Except as expressly limited by this Article, the Panel shall have all powers necessary to meet its responsibilities and to carry out its purposes and the purposes of this Article, including, but not limited to, the following powers: (a) to sue and be sued; (b) to provide for its organization and internal management; (c) to appoint a Financial Administrator to serve as the chief executive officer of the Panel. The Financial Administrator may be an individual, partnership, corporation, including an accounting firm, or other entity determined by the Panel to be qualified to serve; and to appoint other officers, agents, and employees of the Panel, define their duties and qualifications and fix their compensation and employee benefits; (d) to approve the local board of education appointments to the positions of treasurer in a Class I county school unit and in each school district which forms a part of a Class II county school unit but which no longer is subject to the jurisdiction and authority of a township treasurer or trustees of schools of a township because the district has withdrawn from the jurisdiction and authority of the township treasurer and the trustees of schools of the township or because those offices have been abolished as provided in subsection (b) or (c) of Section 5-1, and chief school business official, if such official is not the superintendent of the district. Either the board or the Panel may remove such treasurer or chief school business official; (e) to approve any and all bonds, notes, teachers orders, tax anticipation warrants, and other evidences of indebtedness prior to issuance or sale by the school district; and notwithstanding any other provision of The School Code, as now or hereafter amended, no bonds, notes, teachers orders, tax anticipation warrants or other evidences of indebtedness shall be issued or sold by the school district or be legally binding upon or enforceable against the local board of education unless and until the approval of the Panel has been received; (f) to approve all property tax levies of the school district and require adjustments thereto as the Panel deems necessary or advisable; (g) to require and approve a school district financial plan; (h) to approve and require revisions of the school district budget; (i) to approve all contracts and other obligations as the Panel deems necessary and appropriate; (j) to authorize emergency State financial assistance, including requirements regarding the terms and conditions of repayment of such assistance, and to require the board of education to levy a separate local property tax, subject to the limitations of Section 1B-8, sufficient to repay such assistance consistent with the terms and conditions of repayment and the district's approved financial plan and budget; (k) to request the regional superintendent to make appointments to fill all vacancies on the local school board as provided in Section 10-10; (l) to recommend dissolution or reorganization of the school district to the General Assembly if in the Panel's judgment the circumstances so require; (m) to direct a phased reduction in the oversight responsibilities of the Financial Administrator and of the Panel as the circumstances permit; (n) to determine the amount of emergency State financial assistance to be made available to the school district, and to establish an operating budget for the Panel to be supported by funds available from such assistance, with the assistance and the budget required to be approved by the State Superintendent; (o) to procure insurance against any loss in such amounts and from such insurers as it deems necessary; (p) to engage the services of consultants for rendering professional and technical assistance and advice on matters within the Panel's power; (q) to contract for and to accept any gifts, grants or loans of funds or property or financial or other aid in any form from the federal government, State government, unit of local government, school district or any agency or instrumentality thereof, or from any other private or public source, and to comply with the terms and conditions thereof; (r) to pay the expenses of its operations based on the Panel's budget as approved by the State Superintendent from emergency financial assistance funds available to the district or from deductions from the district's general State aid or evidence-based funding; (s) to do any and all things necessary or convenient to carry out its purposes and exercise the powers given to the Panel by this Article; and (t) (blank).

Legislative History

(Source: P.A. 102-894, eff. 5-20-22.)