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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
SCHOOLS (105 ILCS 5/) School Code. 105 ILCS 5/10-22.28
(105 ILCS 5/10-22.28) (from Ch. 122, par. 10-22.28)
Sec. 10-22.28.
School safety patrol.
To establish and maintain a school safety patrol and with the written
consent of the parents of individual pupils to appoint such pupils to
participate as members thereof for the purpose of influencing and
encouraging the other pupils to refrain from crossing public streets and
highways at points other than at regular crossings and for the purpose of
directing pupils not to cross streets and highways at times when the
presence of traffic would render such crossing unsafe.
The safety patrol shall function only under the direction and control of
school authorities; however, upon request of the school board other
agencies may cooperate to such extent as may be agreed upon.
No liability shall attach either to the school district or any
individual, trustee, board member, superintendent, principal, teacher or
other school employee by virtue of the organization, maintenance or
operation of a school safety patrol organized, maintained and operated
under authority of this section.
Nothing herein contained shall be construed to authorize or permit the
use of any safety patrol member for the purpose of directing vehicular
traffic.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/10-22.28a
(105 ILCS 5/10-22.28a) (from Ch. 122, par. 10-22.28a)
Sec. 10-22.28a.
To acquire, install, operate and maintain traffic signals
relative to school crossing protection and school crossing stop signals
and to employ persons for the purpose of directing traffic upon school grounds
and on or along streets and highways or portions thereof within a radius
of one mile from such school grounds, or to share the cost of employing
such persons with or accept the employment of such persons by any unit of
local government. The school board may determine whether the crossing
guard employment costs shall be paid from its educational, transportation
or operations and maintenance fund. The powers in this Section
are subject to the following:
1. The power to acquire, install, operate and maintain traffic signals
may not be exercised in any city, village or incorporated town;
2. Prior approval must be obtained from the Department of Transportation
with respect to highways for which it has maintenance jurisdiction, and
any public body or official having jurisdiction over any street or highway affected;
3. All signs and signals to be erected shall conform to the Department
of Transportation's Manual and Specifications
and shall be justified by traffic warrants stated in the Manual, and all
pertinent provisions of The Illinois Vehicle Code, not inconsistent with
the provisions of this Section, shall apply.
(Source: P.A. 86-970.)
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105 ILCS 5/10-22.29
(105 ILCS 5/10-22.29) (from Ch. 122, par. 10-22.29)
Sec. 10-22.29.
Outdoor education.
To offer, if deemed appropriate, outdoor education, and to use school funds
for the expenses of the outdoor education program, within the State of
Illinois, or adjacent States, whether within the school district or not,
including the purchase or renting of facilities either individually or
jointly with any other school district or districts.
(Source: Laws 1968, p. 414.)
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105 ILCS 5/10-22.29a
(105 ILCS 5/10-22.29a) (from Ch. 122, par. 10-22.29a)
Sec. 10-22.29a.
To authorize the establishment of an investment club,
in any high school within the district, to be organized on a purely
voluntary basis. The State Board of Education may, however,
promulgate reasonable standards regarding the establishment,
organization and operation of investment clubs formed pursuant to this
Section which standards must be complied with by all those concerned.
The superintendent of schools shall, when the board has authorized the
establishment of an investment club, designate a teacher in the high
school where the club is organized to serve as sponsor of the club and
as the fiduciary for members of the club in making the purchases and
sales of securities on behalf of the members and shall also designate an
investment dealer registered with the Secretary of State of Illinois as
an investment dealer; to provide investment counseling and brokerage
services for the members of the club. That investment dealer shall (a)
reflect all transactions entered into on behalf of the investment club
in an account in the name of the teacher as fiduciary, (b) submit
monthly to the fiduciary a statement of account reflecting all
transactions entered into on behalf of the club during the previous
month including the prices paid on purchases and the proceeds received
on sales of securities and the costs and fees incurred in each
transaction and listing the accumulated holdings of the investment club
by type of security, number of shares of stock, name of the issuer and
any other information necessary to identify the composition of the
accumulated security holdings of the club, and (c) handle transactions
on behalf of the club, through the designated fiduciary as a street
account rather than through issuance of certificates in the name of the
fiduciary or of individual club members. Any investment club formed
under this Section must sell all securities purchased through the club
and distribute the proceeds of sales to its members by May 20th each
year. All investment clubs are subject to the provisions of the
Illinois Securities Law of 1953.
(Source: P.A. 100-201, eff. 8-18-17.)
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105 ILCS 5/10-22.29b
(105 ILCS 5/10-22.29b) (from Ch. 122, par. 10-22.29b)
Sec. 10-22.29b.
Educational tours.
As a supplement to a particular
course of instruction, to conduct educational tours, within or without
the district, the State of Illinois or the United States, for the pupils
or employees, or both, of any school or schools within the district.
Nothing in this Section authorizes the use of any school funds for any
expenditures incurred on such a tour such as meals, lodging and
transportation costs nor does this Section apply to any outdoor education
class, field trip or travel to and from a school sponsored event as
permitted under Sections 10-22.29,
29-3.1 and 34-18, subsection (11). Nothing in this Section prohibits payment
of the salaries of necessary personnel while on a tour or field trip if
the personnel are performing in the ordinary course of their employment.
(Source: P.A. 85-1389.)
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105 ILCS 5/10-22.30
(105 ILCS 5/10-22.30) (from Ch. 122, par. 10-22.30)
Sec. 10-22.30.
Television and radio programs.
To enter into contracts, either alone or in cooperation with other
school boards, for the purpose of participating in or the procuring of
television or radio broadcasts or both, for use in the educational program
of the schools; to provide television or radio studio facilities or both;
to grant the use of such studio facilities to a licensed television or
radio station located in the school district; to maintain and operate such
school television or radio transmitting devices, or both, as are necessary
to distribute adequate instructional television or radio programming with
closed-circuit, fixed-circuit or standard broadcasting equipment; and to
provide programs for educational purposes.
(Source: Laws 1965, p. 573.)
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105 ILCS 5/10-22.31
(105 ILCS 5/10-22.31) (from Ch. 122, par. 10-22.31)
Sec. 10-22.31. Special education.
(a) To enter into joint agreements with other school boards to provide
the needed special educational facilities and to employ a director and
other professional workers as defined in Section 14-1.10 and to establish
facilities as defined in Section 14-1.08 for the types of children described
in Sections 14-1.02 and 14-1.03a. The director (who may be employed under
a contract as provided in subsection (c) of this Section)
and other professional workers may be employed by one district, which
shall be reimbursed on a mutually agreed basis by other districts
that are parties to the joint agreement. Such agreements may provide that
one district may supply professional workers for a joint program conducted
in another district. Such agreement shall provide that any full-time professional worker who is employed by a joint agreement program and spends over
50% of his or her time in one school district shall not be required to work
a different teaching schedule than the other professional worker in that
district. Such agreement shall include, but not be limited to, provisions
for administration, staff, programs, financing, housing, transportation, an
advisory body, and the method or methods to be employed for disposing of property upon the withdrawal of a school district or dissolution of the joint agreement and shall specify procedures for the withdrawal of
districts from
the joint agreement as long as these procedures are consistent with this Section. Such
agreement may be amended at any time as provided in the joint agreement or,
if the joint agreement does not so provide, then such agreement may be
amended at any time upon the adoption of concurring resolutions by the
school boards of all member districts, provided that no later than 6 months after August 28, 2009 (the effective date of Public Act 96-783), all existing agreements shall be amended to be consistent with Public Act 96-783. Such an amendment may include the removal of a school district from or the addition of a school district to the joint agreement without a petition as otherwise required in this Section if all member districts adopt concurring resolutions to that effect. A fully executed copy of any such
agreement or amendment entered into on or after January 1, 1989 shall be
filed with the State Board of Education. Petitions for withdrawal
shall be made to the regional board or boards of school trustees exercising oversight or governance over any of the districts in the joint
agreement. Upon receipt of a petition for withdrawal, the regional board
of school trustees shall
publish notice of and conduct a hearing or, in instances in which more than one regional board of school trustees exercises oversight or governance over any of the districts in the joint agreement, a joint hearing, in accordance with rules adopted by the State Board of Education. In instances in which a single regional board of school trustees holds the hearing, approval of the petition must be by a two-thirds majority vote of the school trustees. In instances in which a joint hearing of 2 or more regional boards of school trustees is required, approval of the petition must be by a two-thirds majority of all those school trustees present and voting. Notwithstanding the provisions of Article 6 of this Code, in instances in which the competent regional board or boards of school trustees has been abolished, petitions for withdrawal shall be made to the school boards of those districts that fall under the oversight or governance of the abolished regional board of school trustees in accordance with rules adopted by the State Board of Education. If any petition is approved pursuant to this subsection (a), the withdrawal takes effect
as provided in Section 7-9 of this Act. The changes to this Section made by Public Act 96-769 apply to all changes to special education joint agreement membership initiated after July 1, 2009.
(b) To either (1) designate an administrative district to act as fiscal
and legal agent for the districts that are parties to the joint
agreement, or (2) designate a governing board composed of one member of
the school board of each cooperating district and designated by such
boards to act in accordance with the joint agreement. No such governing
board may levy taxes and no such governing board may incur any
indebtedness except within an annual budget for the joint agreement
approved by the governing board and by the boards of at least a majority
of the cooperating school districts or a number of districts greater
than a majority if required by
the joint agreement. The governing board may appoint an executive board of at
least 7 members to administer the joint agreement in accordance with
its terms. However, if 7 or more school districts are parties to a joint agreement that does not have an
administrative district: (i) at least a majority of the members appointed by
the governing board to the executive
board shall
be members of the school boards of the cooperating districts; or
(ii) if the
governing
board wishes to appoint members who are not school board members, they shall be
superintendents from the
cooperating districts.
(c) To employ a full-time director of special education of the joint agreement program under a one-year or multi-year
contract. No such contract can be offered or accepted for less than one year. Such contract
may be discontinued at any time by mutual agreement of the contracting
parties, or may be extended for an additional one-year or multi-year period at the end of any year.
The contract year is July 1 through the following June 30th, unless the
contract specifically provides otherwise. Notice of intent not to renew a
contract when given by a controlling board or administrative district must
be in writing stating the specific reason therefor. Notice of intent not
to renew the contract must be given by the controlling board or the
administrative district at least 90 days before the contract expires.
Failure to do so will automatically extend the contract for one
additional year.
By accepting the terms of the contract, the director of a
special education joint agreement waives all rights granted under Sections
24-11 through 24-16 for the duration of his or her employment as a director
of a special education joint agreement.
(d) To designate a district that is a party to the joint agreement as the
issuer of bonds or notes for the purposes and in the manner provided in
this Section. It is not necessary for such district to also be the
administrative district for the joint agreement, nor is it necessary for
the same district to be designated as the issuer of all series of bonds or
notes issued hereunder. Any district so designated may, from time to time,
borrow money and, in evidence of its obligation to repay the borrowing,
issue its negotiable bonds or notes for the purpose of acquiring,
constructing, altering, repairing, enlarging and equipping any building or
portion thereof, together with any land or interest therein, necessary to
provide special educational facilities and services as defined in Section
14-1.08. Title in and to any such facilities shall be held in accordance
with the joint agreement.
Any such bonds or notes shall be authorized by a resolution of the board
of education of the issuing district. The resolution may contain such
covenants as may be deemed necessary or advisable by the district to
assure the payment of the bonds or notes. The resolution shall be
effective immediately upon its adoption.
Prior to the issuance of such bonds or notes, each school district that
is a party to the joint agreement shall agree, whether by amendment to the
joint agreement or by resolution of the board of education, to be jointly
and severally liable for the payment of the bonds and notes. The bonds or
notes shall be payable solely and only from the payments made pursuant to
such agreement.
Neither the bonds or notes nor the obligation to pay the bonds or notes under
any joint agreement shall constitute an indebtedness of any district,
including the issuing district, within the meaning of any constitutional or
statutory limitation.
As long as any bonds or notes are outstanding and unpaid, the agreement
by a district to pay the bonds and notes shall be irrevocable
notwithstanding the district's withdrawal from membership in the joint
special education program.
(e) If a district whose employees are on strike was, prior to the strike,
sending students with disabilities to special educational
facilities and services
in another district or cooperative, the district affected by the strike
shall continue to send such students during the strike and shall be
eligible to receive appropriate State reimbursement.
(f) With respect to those joint agreements that have a governing board
composed of one member of the school board of each cooperating district and
designated by those boards to act in accordance with the joint agreement, the
governing board shall have, in addition to its other powers under this Section,
the authority to issue bonds or notes for the purposes and in the manner
provided in this subsection. The governing board of the joint agreement
may from time to time borrow money and, in evidence of its
obligation to repay the borrowing,
issue its negotiable bonds or notes for the purpose of acquiring,
constructing, altering, repairing, enlarging and equipping any building or
portion thereof, together with any land or interest therein, necessary to
provide special educational facilities and services as defined in Section
14-1.08 and including also facilities for activities of administration and
educational support personnel employees. Title in and to any such facilities
shall be held in accordance with the joint agreement.
Any such bonds or notes shall be authorized by a resolution of the
governing board. The resolution may contain such
covenants as may be deemed necessary or advisable by the governing board
to assure the payment of the bonds or notes and interest accruing thereon.
The resolution shall be effective immediately upon its adoption.
Each school district that
is a party to the joint agreement shall be automatically liable, by virtue of
its membership in the joint agreement, for its proportionate share of the
principal amount of the bonds and notes plus interest accruing thereon, as
provided in the resolution. Subject to the joint and several liability
hereinafter provided for, the resolution may provide for different payment
schedules for different districts except that the aggregate amount of scheduled
payments for each district shall be equal to its proportionate share of the
debt service in the bonds or notes based upon the fraction that its
equalized assessed valuation bears to the total equalized assessed valuation of
all the district members of the joint agreement as adjusted in the manner
hereinafter provided. In computing that fraction the most recent available
equalized assessed valuation at the time of the issuance of the bonds and notes
shall be used, and the equalized assessed valuation of any district maintaining
grades K to 12 shall be doubled in both the numerator and denominator of the
fraction used for all of the districts that are members of the joint
agreement. In case of default in payment by any
member, each school district that is a party to the joint agreement shall
automatically be jointly and severally liable for the amount of any
deficiency. The bonds or
notes and interest thereon shall be payable solely and only from the
funds made available pursuant to the procedures set forth in this
subsection. No project authorized under this subsection may require an
annual contribution for bond payments from any member district in excess of
0.15% of the value of taxable property as equalized or assessed by the
Department of Revenue in the case of districts maintaining grades K-8 or 9-12
and 0.30% of the value of taxable property as equalized or assessed by the
Department of
Revenue in the case of districts maintaining grades K-12. This limitation on
taxing authority is expressly applicable to taxing authority provided under
Section 17-9 and other applicable Sections of this Act. Nothing contained in
this subsection shall be construed as an exception to the property tax
limitations contained in Section 17-2, 17-2.2a, 17-5, or
any other applicable Section of this Act.
Neither the bonds or notes nor the obligation to pay the bonds or notes
under any joint agreement shall constitute an indebtedness of any district
within the meaning of any constitutional or statutory limitation.
As long as any bonds or notes are outstanding and unpaid, the obligation
of a district to pay its proportionate share of the principal of and
interest on the bonds and notes as required in this Section shall be a
general obligation of the district payable from any and all sources of revenue
designated for that purpose by the board of education of the district and shall
be irrevocable notwithstanding the district's withdrawal from membership in the
joint special education program.
(g) A member district wishing to withdraw from a joint agreement may obtain from its school board a written resolution approving the withdrawal. The withdrawing district must then present a written petition for withdrawal from the joint agreement to the other member districts. Under no circumstances may the petition be presented to the other member districts less than 12 months from the date of the proposed withdrawal, unless the member districts agree to waive this timeline. Upon approval by school board written resolution of all of the remaining member districts, the petitioning member district shall notify the State Board of Education of the approved withdrawal in writing and must submit a comprehensive plan developed under subsection (g-5) for review by the State Board. If the petition for withdrawal is not approved, the petitioning member district may appeal the disapproval decision to the trustees of schools of the township that has jurisdiction and authority over the withdrawing district. If a withdrawing district is not under the jurisdiction and authority of the trustees of schools of a township, a hearing panel shall be established by the chief administrative officer of the intermediate service center having jurisdiction over the withdrawing district. The hearing panel shall be made up of 3 persons who have a demonstrated interest and background in education. Each hearing panel member must reside within an educational service region of 2,000,000 or more inhabitants but not within the withdrawing district and may not be a current school board member or employee of the withdrawing district or hold any county office. None of the hearing panel members may reside within the same school district. The hearing panel shall serve without remuneration; however, the necessary expenses, including travel, attendant upon any meeting or hearing in relation to these proceedings must be paid. Prior to the hearing, the withdrawing district shall (i) provide written notification to all parents or guardians of students with disabilities residing within the district of its intent to withdraw from the special education joint agreement; (ii) hold a public hearing to allow for members of the community, parents or guardians of students with disabilities, or any other interested parties an opportunity to review the plan for educating students after the withdrawal and to provide feedback on the plan; and (iii) prepare and provide a comprehensive plan as outlined under subsection (g-5). The trustees of schools of the township having jurisdiction and authority over the withdrawing district or the hearing panel established by the chief administrative officer of the intermediate service center having jurisdiction over the withdrawing district shall convene and hear testimony to determine whether the withdrawing district has presented sufficient evidence that the district, standing alone, will provide a full continuum of services and support to all its students with disabilities in the foreseeable future. If the trustees of schools of the township having jurisdiction and authority over the withdrawing district or the hearing panel established by the chief administrative officer of the intermediate service center having jurisdiction over the withdrawing district approves the petition for withdrawal, then the petitioning member district shall be withdrawn from the joint agreement effective the following July 1 and shall notify the State Board of Education of the approved withdrawal in writing. (g-5) Each withdrawing district shall develop a comprehensive plan that includes the administrative policies and procedures outlined in Sections 226.50, 226.100, 226.110, 226.180, 226.230, 226.250, 226.260, 226.300, 226.310, 226.320, 226.330, 226.340, 226.350, 226.500, 226.520, 226.530, 226.540, 226.560, 226.700, 226.740, 226.800, and 226.820 and Subpart G of Part 226 of Title 23 of the Illinois Administrative Code and all relevant portions of the federal Individuals with Disabilities Education Act. The withdrawing district must also demonstrate its ability to provide education for a wide range of students with disabilities, including a full continuum of support and services. To demonstrate an appropriate plan for educating all currently enrolled students with disabilities upon withdrawal from the joint agreement, the withdrawing district must provide a written plan for educating and placing all currently eligible students with disabilities. (h) The changes to this Section made by Public Act 96-783 apply to withdrawals from or dissolutions of special education joint agreements initiated after August 28, 2009 (the effective date of Public Act 96-783). (i) Notwithstanding subsections (a), (g), and (h) of this Section or any other provision of this Code to the contrary, an elementary school district that maintains grades up to and including grade 8, that had a 2014-2015 best 3 months' average daily attendance of 5,209.57, and that had a 2014 equalized assessed valuation of at least $451,500,000, but not more than $452,000,000, may withdraw from its special education joint agreement program consisting of 6 school districts upon submission and approval of the comprehensive plan, in compliance with the applicable requirements of Section 14-4.01 of this Code, in addition to the approval by the school board of the elementary school district and notification to and the filing of an intent to withdraw statement with the governing board of the joint agreement program. Such notification and statement shall specify the effective date of the withdrawal, which in no case shall be less than 60 days after the date of the filing of the notification and statement. Upon receipt of the notification and statement, the governing board of the joint agreement program shall distribute a copy to each member district of the joint agreement and shall initiate any appropriate allocation of assets and liabilities among the remaining member districts to take effect upon the date of the withdrawal. The withdrawal shall take effect upon the date specified in the notification and statement. (Source: P.A. 100-66, eff. 8-11-17; 101-164, eff. 7-26-19.)
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105 ILCS 5/10-22.31a
(105 ILCS 5/10-22.31a) (from Ch. 122, par. 10-22.31a)
Sec. 10-22.31a.
Joint educational programs.
To enter into joint agreements with other school boards or public
institutions of higher education to establish any type of educational
program which any district may establish individually, to provide the
needed educational facilities and to employ a director and other
professional workers for such program. The director and other
professional workers may be employed by one district which shall be
reimbursed on a mutually agreed basis by other districts that are
parties to the joint agreement. Such agreements may provide that one
district may supply professional workers for a joint program conducted
in another district. Such agreement shall be executed on forms provided
by the State Board of Education
and shall include, but not
be limited to, provisions for administration, staff, programs,
financing, housing, transportation and advisory body and provide for the
withdrawal of districts from the joint agreement by petition to the regional
board of school trustees. Such petitions for withdrawal shall be
made to the regional board of school trustees of the region having
supervision and control over the administrative district and shall be
acted upon in the manner provided in Article 7 for the detachment of
territory from a school district.
To designate an administrative district to act as fiscal and legal
agent for the districts that are parties to such a joint agreement.
(Source: P.A. 86-198; 86-1318.)
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105 ILCS 5/10-22.31b
(105 ILCS 5/10-22.31b) (from Ch. 122, par. 10-22.31b)
Sec. 10-22.31b.
Joint building programs.
To enter into joint
agreements
either under this Act or under the Intergovernmental Cooperation Act with other
school boards to acquire, build, establish and maintain sites and buildings
including residential facilities, that may be needed for area vocational
education buildings or the education of one or more of the types of
children with disabilities defined in Sections 14-1.02 through 14-1.07 of
this Act, who are
residents of such joint agreement area, upon the review and recommendation of
the Advisory Council on Education of Children with
Disabilities and approval of the
State Superintendent. Proposals shall be submitted on forms promulgated by the
State Advisory Council. The State Advisory Council shall have 45 days to review
the proposal and make a recommendation. The State Superintendent shall then
approve or deny the proposal. Any establishment of residential facilities
under this Section for the education of children with disabilities shall consider and
utilize whenever possible the existing residential service delivery systems
including state operated and privately operated facilities. Residential
facilities shall be maintained in accordance with applicable health, licensing
and life safety requirements, including the applicable provisions of the
building code authorized under Section 2-3.12. Such sites may be acquired and
buildings built at any place within the area embraced by such joint agreement
or within 2 miles of the boundaries of any school district which is a party to
the joint agreement. The title to any site or building so acquired shall be
held in accordance with Section 16-2 of this Act.
Any funds obtained from the participating governmental entities as a result
of a joint agreement entered into under this Act or the Intergovernmental
Cooperation Act shall be accounted for in the same manner as provided for the
majority of the participating governmental entities under the laws of
this State.
(Source: P.A. 89-397, eff. 8-20-95.)
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105 ILCS 5/10-22.31c
(105 ILCS 5/10-22.31c) (from Ch. 122, par. 10-22.31c)
Sec. 10-22.31c.
Meetings; notice.
The elected board members serving
either as an administrative district or as a governing board under Section
10-22.31 or Section 10-22.31a shall fix a time and place for regular
meetings. Special meetings may be called by any 2 such members by giving
notice thereof in writing, stating the time, place and purpose of the
meeting. Public notice of all meetings must be given as prescribed in
Sections 2.02 and 2.03 of the Open Meetings Act, as now or hereafter amended.
At each regular and special meeting which is open to the public, members
of the public and employees of any of the districts which are parties to
the joint agreement shall be afforded reasonable time to comment to or ask
questions of the board members.
(Source: P.A. 84-1334.)
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