State of Illinois
90th General Assembly
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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]

90_SB0555eng

      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
SB555 Engrossed                                SRS90S0014KSch
 1        AN  ACT  to  amend  the  School  Code by changing Section
 2    10-22.31 and adding Section 10-22.31.1.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  1.   The  School  Code  is  amended  by changing
 6    Section 10-22.31 and adding Section 10-22.31.1 as follows:
 7        (105 ILCS 5/10-22.31) (from Ch. 122, par. 10-22.31)
 8        Sec. 10-22.31.  Special education.
 9        (a)  To enter into joint  agreements  with  other  school
10    boards  to  provide the needed special educational facilities
11    and to employ a director and other  professional  workers  as
12    defined  in  Section  14-1.10  and to establish facilities as
13    defined  in  Section  14-1.08  for  the  types  of   children
14    described  in Sections 14-1.02 through 14-1.07.  The director
15    (who may be employed under a multi-year contract as  provided
16    in  subsection  (c)  of  this Section) and other professional
17    workers may be employed  by  one  district,  which  shall  be
18    reimbursed on a mutually agreed basis by other districts that
19    are  parties  to  the  joint  agreement.  Such agreements may
20    provide that one district may supply professional workers for
21    a  joint  program  conducted  in  another   district.    Such
22    agreement   shall   provide   that   any   full-time   school
23    psychologist who is employed by a joint agreement program and
24    spends  over  50%  of  his or her time in one school district
25    shall not be required to work a different  teaching  schedule
26    than  the  other school psychologists in that district.  Such
27    agreement shall include, but not be  limited  to,  provisions
28    for  administration,  staff,  programs,  financing,  housing,
29    transportation,  and  an advisory body, and shall provide for
30    the withdrawal of districts from the joint agreement.  Except
31    as otherwise provided in Section 10-22.31.1,  the  withdrawal
SB555 Engrossed             -2-                SRS90S0014KSch
 1    of districts from the joint agreement shall be by petition to
 2    the regional board of school trustees.  Such agreement may be
 3    amended at any time as provided in the joint agreement or, if
 4    the  joint agreement does not so provide, then such agreement
 5    may be amended at any time upon the  adoption  of  concurring
 6    resolutions  by the school boards of all member districts.  A
 7    fully executed  copy  of  any  such  agreement  or  amendment
 8    entered  into on or after January 1, 1989 shall be filed with
 9    the State Board of Education.  Such petitions for  withdrawal
10    shall be made to the regional board of school trustees of all
11    counties   having  jurisdiction  over  one  or  more  of  the
12    districts in the joint agreement.  Upon receipt of a petition
13    for withdrawal, the regional boards of school trustees having
14    jurisdiction over the  cooperating  districts  shall  publish
15    notice  of  and  conduct  a  joint  hearing  on  the issue as
16    provided in Section 7-6.  No such petition may be considered,
17    however, unless in compliance with Section 7-8.  If  approved
18    by  a 2/3 vote of all trustees of those regional boards, at a
19    joint meeting, the withdrawal takes  effect  as  provided  in
20    Section 7-9 of this Act.
21        (b)  To  either  (1) designate an administrative district
22    to act as fiscal and legal agent for the districts  that  are
23    parties  to the joint agreement, or (2) designate a governing
24    board composed of one member of  the  school  board  of  each
25    cooperating  district and designated by such boards to act in
26    accordance with the joint agreement.  No such governing board
27    may levy taxes and no such  governing  board  may  incur  any
28    indebtedness  except  within  an  annual budget for the joint
29    agreement approved by the governing board and by  the  boards
30    of at least a majority of the cooperating school districts or
31    a  number of districts greater than a majority if required by
32    the joint agreement.  If more than 17  school  districts  are
33    parties  to  the  joint  agreement,  the  governing board may
34    appoint  an  executive  board  of  at  least  7  members   to
SB555 Engrossed             -3-                SRS90S0014KSch
 1    administer  the joint agreement in accordance with its terms.
 2    At least a majority of the members appointed to the executive
 3    board  shall  be  members  of  the  school  boards   of   the
 4    cooperating  districts.   If  the  governing  board wishes to
 5    appoint members who are not school board members, they  shall
 6    be superintendents from the cooperating districts.
 7        (c)  To  employ  a  director of a joint agreement program
 8    under a multi-year contract.  No such contract can be offered
 9    or accepted for less than or more than 3 years, except for  a
10    person  serving  as  a  director of a special education joint
11    agreement for the first time in Illinois.  In  such  a  case,
12    the  initial  contract  shall  be  for a 2 year period.  Such
13    contract may be discontinued at any time by mutual  agreement
14    of  the  contracting  parties,  or  may  be  extended  for an
15    additional 3 years at the end of any year.
16        The contract year is July 1 through  the  following  June
17    30th,  unless  the  contract specifically provides otherwise.
18    Notice of intent not to renew a  contract  when  given  by  a
19    controlling  board  or  administrative  district  must  be in
20    writing stating the  specific  reason  therefor.   Notice  of
21    intent  not  to  renew  the  contract  must  be  given by the
22    controlling  board or the administrative district at least 90
23    days before the contract expires.   Failure  to  do  so  will
24    automatically extend the contract for one additional year.
25        By  accepting  the  terms of the multi-year contract, the
26    director of a special education joint  agreement  waives  all
27    rights  granted  under  Sections  24-11 through 24-16 for the
28    duration of his or her employment as a director of a  special
29    education joint agreement.
30        (d)  To designate a district that is a party to the joint
31    agreement  as  the  issuer of bonds or notes for the purposes
32    and in the manner  provided  in  this  Section.   It  is  not
33    necessary  for  such  district  to also be the administrative
34    district for the joint agreement, nor is it necessary for the
SB555 Engrossed             -4-                SRS90S0014KSch
 1    same district to be designated as the issuer of all series of
 2    bonds or notes issued hereunder.  Any district so  designated
 3    may,  from time to time, borrow money and, in evidence of its
 4    obligation to repay the borrowing, issue its negotiable bonds
 5    or  notes  for  the  purpose  of   acquiring,   constructing,
 6    altering,  repairing, enlarging and equipping any building or
 7    portion thereof, together with any land or interest  therein,
 8    necessary  to  provide  special  educational  facilities  and
 9    services  as defined in Section 14-1.08.  Title in and to any
10    such facilities shall be held in accordance  with  the  joint
11    agreement.
12        Any  such  bonds  or  notes  shall  be  authorized  by  a
13    resolution of the board of education of the issuing district.
14    The  resolution  may  contain such covenants as may be deemed
15    necessary or advisable by the district to assure the  payment
16    of  the  bonds  or  notes.  The resolution shall be effective
17    immediately upon its adoption.
18        Prior to the issuance of such bonds or notes, each school
19    district that is a party to the joint agreement shall  agree,
20    whether  by amendment to the joint agreement or by resolution
21    of the board of education, to be jointly and severally liable
22    for the payment of the bonds and notes.  The bonds  or  notes
23    shall  be  payable  solely  and  only  from the payments made
24    pursuant to such agreement.
25        Neither the bonds or notes nor the obligation to pay  the
26    bonds  or notes under any joint agreement shall constitute an
27    indebtedness of any district, including the issuing district,
28    within  the  meaning  of  any  constitutional  or   statutory
29    limitation.
30        As long as any bonds or notes are outstanding and unpaid,
31    the  agreement by a district to pay the bonds and notes shall
32    be irrevocable notwithstanding the district's withdrawal from
33    membership in the joint special education program.
34        (e)  If a district whose employees  are  on  strike  was,
SB555 Engrossed             -5-                SRS90S0014KSch
 1    prior  to  the  strike, sending students with disabilities to
 2    special  educational  facilities  and  services  in   another
 3    district  or cooperative, the district affected by the strike
 4    shall continue to send such students during  the  strike  and
 5    shall be eligible to receive appropriate State reimbursement.
 6        (f)  With  respect  to those joint agreements that have a
 7    governing board composed of one member of the school board of
 8    each cooperating district and designated by those  boards  to
 9    act  in  accordance  with  the joint agreement, the governing
10    board shall have, in addition to its other powers under  this
11    Section,  the  authority  to  issue  bonds  or  notes for the
12    purposes and in the manner provided in this subsection.   The
13    governing  board of the joint agreement may from time to time
14    borrow money and, in evidence of its obligation to repay  the
15    borrowing,  issue  its  negotiable  bonds  or  notes  for the
16    purpose  of  acquiring,  constructing,  altering,  repairing,
17    enlarging and equipping  any  building  or  portion  thereof,
18    together  with  any  land  or  interest therein, necessary to
19    provide  special  educational  facilities  and  services   as
20    defined  in Section 14-1.08 and including also facilities for
21    activities  of   administration   and   educational   support
22    personnel  employees.   Title  in  and to any such facilities
23    shall be held in accordance with the joint agreement.
24        Any  such  bonds  or  notes  shall  be  authorized  by  a
25    resolution  of  the  governing  board.   The  resolution  may
26    contain  such  covenants  as  may  be  deemed  necessary   or
27    advisable by the governing board to assure the payment of the
28    bonds or notes and interest accruing thereon.  The resolution
29    shall be effective immediately upon its adoption.
30        Each  school  district  that  is  a  party  to  the joint
31    agreement shall be automatically liable,  by  virtue  of  its
32    membership  in  the  joint  agreement,  for its proportionate
33    share of the principal amount of the  bonds  and  notes  plus
34    interest  accruing  thereon,  as  provided in the resolution.
SB555 Engrossed             -6-                SRS90S0014KSch
 1    Subject  to  the  joint  and  several  liability  hereinafter
 2    provided  for,  the  resolution  may  provide  for  different
 3    payment schedules for different  districts  except  that  the
 4    aggregate  amount  of  scheduled  payments  for each district
 5    shall be equal to its proportionate share of the debt service
 6    in the bonds or  notes  based  upon  the  fraction  that  its
 7    equalized  assessed  valuation  bears  to the total equalized
 8    assessed valuation of all the district members of  the  joint
 9    agreement as adjusted in the manner hereinafter provided.  In
10    computing  that  fraction the most recent available equalized
11    assessed valuation at the time of the issuance of  the  bonds
12    and notes shall be used, and the equalized assessed valuation
13    of  any  district maintaining grades K to 12 shall be doubled
14    in both the numerator and denominator of  the  fraction  used
15    for  all  of  the  districts  that  are  members of the joint
16    agreement.  In case of default in payment by any member, each
17    school district that is a party to the joint agreement  shall
18    automatically  be jointly and severally liable for the amount
19    of any deficiency.  The bonds or notes and  interest  thereon
20    shall  be  payable  solely  and  only  from  the  funds  made
21    available  pursuant  to  the  procedures  set  forth  in this
22    subsection.  No project authorized under this subsection  may
23    require  an  annual  contribution  for bond payments from any
24    member district in excess of 0.15% of the  value  of  taxable
25    property  as  equalized  or  assessed  by  the  Department of
26    Revenue in the case of districts maintaining  grades  K-8  or
27    9-12  and 0.30% of the value of taxable property as equalized
28    or assessed by the Department  of  Revenue  in  the  case  of
29    districts maintaining grades K-12.  This limitation on taxing
30    authority   is   expressly  applicable  to  taxing  authority
31    provided under Section 17-9 and other applicable Sections  of
32    this  Act.   Nothing  contained  in  this subsection shall be
33    construed as an exception to  the  property  tax  limitations
34    contained  in  Section  17-2,  17-2.2a,  17-5,  or  any other
SB555 Engrossed             -7-                SRS90S0014KSch
 1    applicable Section of this Act.
 2        Neither the bonds or notes nor the obligation to pay  the
 3    bonds  or notes under any joint agreement shall constitute an
 4    indebtedness of  any  district  within  the  meaning  of  any
 5    constitutional or statutory limitation.
 6        As long as any bonds or notes are outstanding and unpaid,
 7    the  obligation  of a district to pay its proportionate share
 8    of the principal of and interest on the bonds  and  notes  as
 9    required in this Section shall be a general obligation of the
10    district   payable  from  any  and  all  sources  of  revenue
11    designated for that purpose by the board of education of  the
12    district   and   shall  be  irrevocable  notwithstanding  the
13    district's withdrawal from membership in  the  joint  special
14    education program.
15    (Source:  P.A.  88-125;  88-686,  eff.  1-24-95; 89-397, eff.
16    8-20-95; 89-613, eff. 8-9-96; 89-626, eff. 8-9-96.)
17        (105 ILCS 5/10-22.31.1 new)
18        Sec. 10-22.31.1.  Withdrawal from certain joint agreement
19    programs.    Notwithstanding  the   provisions   of   Section
20    10-22.31,  a  community unit school district that is the only
21    school district in its county that is a member of its special
22    education joint agreement program  and  that  had  a  1994-95
23    average  daily  attendance of at least 550, but not more than
24    650, and a 1994 equalized  assessed  valuation  of  at  least
25    $40,000,000, but not more than $43,000,000, may withdraw from
26    its  special  education joint agreement program consisting of
27    at least 19 school districts located in at least 9  different
28    counties  upon  approval by the school board of the community
29    unit district and notification to and the filing of an intent
30    to withdraw statement with the governing board of  the  joint
31    agreement  program.    Such  notification and statement shall
32    specify the effective date of the  withdrawal,  which  in  no
33    case  shall be less than 60 days after the date of the filing
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 1    of the  petition.   Upon  receipt  of  the  notification  and
 2    statement, the governing board of the joint agreement program
 3    shall  distribute a copy to each member district of the joint
 4    agreement and shall initiate any  appropriate  allocation  of
 5    assets  and  liabilities among the remaining member districts
 6    to  take  effect  upon  the  date  of  the  withdrawal.   The
 7    withdrawal shall take effect upon the date specified  in  the
 8    notification and statement.
 9        Section 99.  This Act takes effect upon becoming law.

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