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Public Act 100-0066


 

Public Act 0066 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0066
 
HB2540 EnrolledLRB100 05556 NHT 15570 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
10-22.31 as follows:
 
    (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 within such timelines
designated by the joint agreement. Upon approval by school
board written resolution of all of the remaining member
districts, 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. If the petition for withdrawal is not
approved and the petitioning member district is a part of a
Class II county school unit outside of a city of 500,000 or
more inhabitants, 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. 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.
    (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. 99-729, eff. 8-5-16.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/11/2017