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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
90_SB0555
105 ILCS 5/10-22.31 from Ch. 122, par. 10-22.31
105 ILCS 5/10-22.31.1 new
Amends the School Code to allow a community unit district
to withdraw from a special education joint agreement program
upon 60 days notice and the filing of an intent to withdraw
statement with the governing board of the joint agreement
program. Effective immediately.
SRS90S0014KSch
SRS90S0014KSch
1 AN ACT to amend the School Code by changing Section
2 10-22.31 and adding Section 10-22.31.1 as follows:
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 (105 ILCS 5/10-22.31) (from Ch. 122, par. 10-22.31)
6 Sec. 10-22.31. Special education.
7 (a) To enter into joint agreements with other school
8 boards to provide the needed special educational facilities
9 and to employ a director and other professional workers as
10 defined in Section 14-1.10 and to establish facilities as
11 defined in Section 14-1.08 for the types of children
12 described in Sections 14-1.02 through 14-1.07. The director
13 (who may be employed under a multi-year contract as provided
14 in subsection (c) of this Section) and other professional
15 workers may be employed by one district, which shall be
16 reimbursed on a mutually agreed basis by other districts that
17 are parties to the joint agreement. Such agreements may
18 provide that one district may supply professional workers for
19 a joint program conducted in another district. Such
20 agreement shall provide that any full-time school
21 psychologist who is employed by a joint agreement program and
22 spends over 50% of his or her time in one school district
23 shall not be required to work a different teaching schedule
24 than the other school psychologists in that district. Such
25 agreement shall include, but not be limited to, provisions
26 for administration, staff, programs, financing, housing,
27 transportation, and an advisory body, and shall provide for
28 the withdrawal of districts from the joint agreement. Except
29 as otherwise provided in Section 10-22.31.1, the withdrawal
30 of districts from the joint agreement shall be by petition to
31 the regional board of school trustees. Such agreement may be
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1 amended at any time as provided in the joint agreement or, if
2 the joint agreement does not so provide, then such agreement
3 may be amended at any time upon the adoption of concurring
4 resolutions by the school boards of all member districts. A
5 fully executed copy of any such agreement or amendment
6 entered into on or after January 1, 1989 shall be filed with
7 the State Board of Education. Such petitions for withdrawal
8 shall be made to the regional board of school trustees of all
9 counties having jurisdiction over one or more of the
10 districts in the joint agreement. Upon receipt of a petition
11 for withdrawal, the regional boards of school trustees having
12 jurisdiction over the cooperating districts shall publish
13 notice of and conduct a joint hearing on the issue as
14 provided in Section 7-6. No such petition may be considered,
15 however, unless in compliance with Section 7-8. If approved
16 by a 2/3 vote of all trustees of those regional boards, at a
17 joint meeting, the withdrawal takes effect as provided in
18 Section 7-9 of this Act.
19 (b) To either (1) designate an administrative district
20 to act as fiscal and legal agent for the districts that are
21 parties to the joint agreement, or (2) designate a governing
22 board composed of one member of the school board of each
23 cooperating district and designated by such boards to act in
24 accordance with the joint agreement. No such governing board
25 may levy taxes and no such governing board may incur any
26 indebtedness except within an annual budget for the joint
27 agreement approved by the governing board and by the boards
28 of at least a majority of the cooperating school districts or
29 a number of districts greater than a majority if required by
30 the joint agreement. If more than 17 school districts are
31 parties to the joint agreement, the governing board may
32 appoint an executive board of at least 7 members to
33 administer the joint agreement in accordance with its terms.
34 At least a majority of the members appointed to the executive
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1 board shall be members of the school boards of the
2 cooperating districts. If the governing board wishes to
3 appoint members who are not school board members, they shall
4 be superintendents from the cooperating districts.
5 (c) To employ a director of a joint agreement program
6 under a multi-year contract. No such contract can be offered
7 or accepted for less than or more than 3 years, except for a
8 person serving as a director of a special education joint
9 agreement for the first time in Illinois. In such a case,
10 the initial contract shall be for a 2 year period. Such
11 contract may be discontinued at any time by mutual agreement
12 of the contracting parties, or may be extended for an
13 additional 3 years at the end of any year.
14 The contract year is July 1 through the following June
15 30th, unless the contract specifically provides otherwise.
16 Notice of intent not to renew a contract when given by a
17 controlling board or administrative district must be in
18 writing stating the specific reason therefor. Notice of
19 intent not to renew the contract must be given by the
20 controlling board or the administrative district at least 90
21 days before the contract expires. Failure to do so will
22 automatically extend the contract for one additional year.
23 By accepting the terms of the multi-year contract, the
24 director of a special education joint agreement waives all
25 rights granted under Sections 24-11 through 24-16 for the
26 duration of his or her employment as a director of a special
27 education joint agreement.
28 (d) To designate a district that is a party to the joint
29 agreement as the issuer of bonds or notes for the purposes
30 and in the manner provided in this Section. It is not
31 necessary for such district to also be the administrative
32 district for the joint agreement, nor is it necessary for the
33 same district to be designated as the issuer of all series of
34 bonds or notes issued hereunder. Any district so designated
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1 may, from time to time, borrow money and, in evidence of its
2 obligation to repay the borrowing, issue its negotiable bonds
3 or notes for the purpose of acquiring, constructing,
4 altering, repairing, enlarging and equipping any building or
5 portion thereof, together with any land or interest therein,
6 necessary to provide special educational facilities and
7 services as defined in Section 14-1.08. Title in and to any
8 such facilities shall be held in accordance with the joint
9 agreement.
10 Any such bonds or notes shall be authorized by a
11 resolution of the board of education of the issuing district.
12 The resolution may contain such covenants as may be deemed
13 necessary or advisable by the district to assure the payment
14 of the bonds or notes. The resolution shall be effective
15 immediately upon its adoption.
16 Prior to the issuance of such bonds or notes, each school
17 district that is a party to the joint agreement shall agree,
18 whether by amendment to the joint agreement or by resolution
19 of the board of education, to be jointly and severally liable
20 for the payment of the bonds and notes. The bonds or notes
21 shall be payable solely and only from the payments made
22 pursuant to such agreement.
23 Neither the bonds or notes nor the obligation to pay the
24 bonds or notes under any joint agreement shall constitute an
25 indebtedness of any district, including the issuing district,
26 within the meaning of any constitutional or statutory
27 limitation.
28 As long as any bonds or notes are outstanding and unpaid,
29 the agreement by a district to pay the bonds and notes shall
30 be irrevocable notwithstanding the district's withdrawal from
31 membership in the joint special education program.
32 (e) If a district whose employees are on strike was,
33 prior to the strike, sending students with disabilities to
34 special educational facilities and services in another
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1 district or cooperative, the district affected by the strike
2 shall continue to send such students during the strike and
3 shall be eligible to receive appropriate State reimbursement.
4 (f) With respect to those joint agreements that have a
5 governing board composed of one member of the school board of
6 each cooperating district and designated by those boards to
7 act in accordance with the joint agreement, the governing
8 board shall have, in addition to its other powers under this
9 Section, the authority to issue bonds or notes for the
10 purposes and in the manner provided in this subsection. The
11 governing board of the joint agreement may from time to time
12 borrow money and, in evidence of its obligation to repay the
13 borrowing, issue its negotiable bonds or notes for the
14 purpose of acquiring, constructing, altering, repairing,
15 enlarging and equipping any building or portion thereof,
16 together with any land or interest therein, necessary to
17 provide special educational facilities and services as
18 defined in Section 14-1.08 and including also facilities for
19 activities of administration and educational support
20 personnel employees. Title in and to any such facilities
21 shall be held in accordance with the joint agreement.
22 Any such bonds or notes shall be authorized by a
23 resolution of the governing board. The resolution may
24 contain such covenants as may be deemed necessary or
25 advisable by the governing board to assure the payment of the
26 bonds or notes and interest accruing thereon. The resolution
27 shall be effective immediately upon its adoption.
28 Each school district that is a party to the joint
29 agreement shall be automatically liable, by virtue of its
30 membership in the joint agreement, for its proportionate
31 share of the principal amount of the bonds and notes plus
32 interest accruing thereon, as provided in the resolution.
33 Subject to the joint and several liability hereinafter
34 provided for, the resolution may provide for different
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1 payment schedules for different districts except that the
2 aggregate amount of scheduled payments for each district
3 shall be equal to its proportionate share of the debt service
4 in the bonds or notes based upon the fraction that its
5 equalized assessed valuation bears to the total equalized
6 assessed valuation of all the district members of the joint
7 agreement as adjusted in the manner hereinafter provided. In
8 computing that fraction the most recent available equalized
9 assessed valuation at the time of the issuance of the bonds
10 and notes shall be used, and the equalized assessed valuation
11 of any district maintaining grades K to 12 shall be doubled
12 in both the numerator and denominator of the fraction used
13 for all of the districts that are members of the joint
14 agreement. In case of default in payment by any member, each
15 school district that is a party to the joint agreement shall
16 automatically be jointly and severally liable for the amount
17 of any deficiency. The bonds or notes and interest thereon
18 shall be payable solely and only from the funds made
19 available pursuant to the procedures set forth in this
20 subsection. No project authorized under this subsection may
21 require an annual contribution for bond payments from any
22 member district in excess of 0.15% of the value of taxable
23 property as equalized or assessed by the Department of
24 Revenue in the case of districts maintaining grades K-8 or
25 9-12 and 0.30% of the value of taxable property as equalized
26 or assessed by the Department of Revenue in the case of
27 districts maintaining grades K-12. This limitation on taxing
28 authority is expressly applicable to taxing authority
29 provided under Section 17-9 and other applicable Sections of
30 this Act. Nothing contained in this subsection shall be
31 construed as an exception to the property tax limitations
32 contained in Section 17-2, 17-2.2a, 17-5, or any other
33 applicable Section of this Act.
34 Neither the bonds or notes nor the obligation to pay the
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1 bonds or notes under any joint agreement shall constitute an
2 indebtedness of any district within the meaning of any
3 constitutional or statutory limitation.
4 As long as any bonds or notes are outstanding and unpaid,
5 the obligation of a district to pay its proportionate share
6 of the principal of and interest on the bonds and notes as
7 required in this Section shall be a general obligation of the
8 district payable from any and all sources of revenue
9 designated for that purpose by the board of education of the
10 district and shall be irrevocable notwithstanding the
11 district's withdrawal from membership in the joint special
12 education program.
13 (Source: P.A. 88-125; 88-686, eff. 1-24-95; 89-397, eff.
14 8-20-95; 89-613, eff. 8-9-96; 89-626, eff. 8-9-96.)
15 (105 ILCS 5/10-22.31.1 new)
16 Sec. 10-22.31.1. Withdrawal from certain joint agreement
17 programs. Notwithstanding the provisions of Section
18 10-22.31, a community unit school district that is the only
19 school district in its county that is a member of its special
20 education joint agreement program and that had a 1994-95
21 average daily attendance of at least 550, but not more than
22 650, and a 1994 equalized assessed valuation of at least
23 $40,000,000, but not more than $43,000,000, may withdraw from
24 its special education joint agreement program consisting of
25 at least 19 school districts located in at least 9 different
26 counties upon approval by the school board of the community
27 unit district and notification to and the filing of an intent
28 to withdraw statement with the governing board of the joint
29 agreement program. Such notification and statement shall
30 specify the effective date of the withdrawal, which in no
31 case shall be less than 60 days after the date of the filing
32 of the petition. Upon receipt of the notification and
33 statement, the governing board of the joint agreement program
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1 shall distribute a copy to each member district of the joint
2 agreement and shall initiate any appropriate allocation of
3 assets and liabilities among the remaining member districts
4 to take effect upon the date of the withdrawal. The
5 withdrawal shall take effect upon the date specified in the
6 notification and statement.
7 Section 99. This Act takes effect upon becoming law.