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90_SB1561eng
105 ILCS 5/14-15.01 from Ch. 122, par. 14-15.01
Amends the School Code. Removes the provision that the
Community and Residential Services Authority shall include a
representative of the Department of Public Health. Increases
the number of representatives from the Department of Human
Services on that Authority from 3 to 4 and specifies from
which divisions those members shall be appointed.
LRB9011314LDdv
SB1561 Engrossed LRB9011314LDdv
1 AN ACT concerning education, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing
5 Sections 9-12.1, 10-5, 10-16, 10-22.31, 10-22.32, 14-15.01,
6 19-1, and 34A-411 as follows:
7 (105 ILCS 5/9-12.1) (from Ch. 122, par. 9-12.1)
8 Sec. 9-12.1. (a) On the reverse side of each ballot
9 contained in Section 9-12, except the ballot under Format 6,
10 shall be printed the following:
11 OFFICIAL BALLOT
12 ..... County, Illinois
13 School District No. ...., ...... County, Illinois
14 Election Tuesday, ...., 19...
15 (facsimile signature of the election authority)
16 (b) If 6-year terms have been adopted under Section 9-5,
17 or if a ballot is to be used to elect a member or members of
18 a board of school directors or board of education at the
19 consolidated election held in April of 1999 or April of 2001
20 to a full term that is less than a 4-year term, appropriate
21 adjustments should be made to each ballot in Section 9-12. In
22 the case of any unexpired term each ballot format must
23 indicate whether it is a 4-year or a 2-year unexpired term.
24 (Source: P.A. 84-1338.)
25 (105 ILCS 5/10-5) (from Ch. 122, par. 10-5)
26 Sec. 10-5. Organization of board - Report to treasurer
27 and regional superintendent of schools. Within 7 days after
28 the regular election of directors, the directors shall meet
29 and organize by appointing one of their number president and
30 another as clerk, except that when directors are elected at
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1 the consolidated elections in April of 1999 and April of
2 2001, the directors shall meet and organize, in the manner
3 provided by this Section, within 7 days after the first
4 Tuesday after the first Monday of November in each of those 2
5 years. The clerk shall at once report to the treasurer and
6 regional superintendent of schools the names of the president
7 and clerk so appointed. Upon organizing itself as provided
8 in this Section, the board of school directors shall enter
9 upon the discharge of its duties. Terms of members are
10 subject to Section 2A-54 of the Election Code.
11 (Source: P.A. 90-358, eff. 1-1-98.)
12 (105 ILCS 5/10-16) (from Ch. 122, par. 10-16)
13 Sec. 10-16. Organization of Board. Within 7 days after
14 the consolidated election, other than the consolidated
15 elections in 1999 and 2001, the board shall organize by
16 electing its officers and fixing a time and place for the
17 regular meetings. However, when school board members are
18 elected at the consolidated elections held in April of 1999
19 and April of 2001, the board shall organize within 7 days
20 after the first Tuesday after the first Monday of November in
21 each such year by electing officers and setting the time and
22 place of the regular meetings. Upon organizing itself as
23 provided in this paragraph, the board It shall then enter
24 upon the discharge of its duties.
25 The regional superintendent of schools having supervision
26 and control, over the district as provided in Section 3-14.2,
27 of a new school district that is governed by the School Code
28 and formed on or after the effective date of this amendatory
29 Act of 1998 this Act shall convene the newly elected board
30 within 7 days after the election of the board of education of
31 that any new district governed by this Act, whereupon the
32 board shall proceed to organize by electing one 1 of their
33 number as president and electing a secretary, who may or may
SB1561 Engrossed -3- LRB9011314LDdv
1 not be a member. At such meeting the length of term of each
2 of the members shall be determined by lot so that 4 shall
3 serve for 4 years, and 3 for 2 years from the commencement of
4 their terms; provided, however, if such members were not
5 elected at the consolidated nonpartisan election in an
6 odd-numbered year, such initial terms shall be extended to
7 the consolidated nonpartisan election for school board
8 members immediately following the expiration of the initial 4
9 or 2 year terms. The provisions of this paragraph that relate
10 to the determination of terms by lot shall not apply to the
11 initial members of the board of education of a combined
12 school district who are to be elected to unstaggered terms as
13 provided in subsection (a-5) of Section 11B-7.
14 The terms of the officers of a board of education shall
15 be for 2 years, except that the terms of the officers elected
16 at the organization meeting in November, 2001 shall expire at
17 the organization meeting in April, 2003; provided that the
18 board by resolution may establish a policy for the terms of
19 office to be one year, and provide for the election of
20 officers.
21 Special meetings of the board of education may be called
22 by the president or by any 3 members of the board by giving
23 notice thereof in writing, stating the time, place and
24 purpose of the meeting. Such notice may be served by mail 48
25 hours before such meeting or by personal service 24 hours
26 before such meeting. Public notice of meetings must also be
27 given as prescribed in Sections 2.02 and 2.03 of the Open
28 Meetings Act, as now or hereafter amended.
29 At each regular and special meeting which is open to the
30 public, members of the public and employees of the district
31 shall be afforded time, subject to reasonable constraints, to
32 comment to or ask questions of the board.
33 The president or district superintendent shall, at each
34 regular board meeting, report any requests made of the
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1 district under provisions of The Freedom of Information Act
2 and shall report the status of the district's response.
3 (Source: P.A. 90-459, eff. 8-17-97.)
4 (105 ILCS 5/10-22.31) (from Ch. 122, par. 10-22.31)
5 Sec. 10-22.31. Special education.
6 (a) To enter into joint agreements with other school
7 boards to provide the needed special educational facilities
8 and to employ a director and other professional workers as
9 defined in Section 14-1.10 and to establish facilities as
10 defined in Section 14-1.08 for the types of children
11 described in Sections 14-1.02 through 14-1.07. The director
12 (who may be employed under a multi-year contract as provided
13 in subsection (c) of this Section) and other professional
14 workers may be employed by one district, which shall be
15 reimbursed on a mutually agreed basis by other districts that
16 are parties to the joint agreement. Such agreements may
17 provide that one district may supply professional workers for
18 a joint program conducted in another district. Such
19 agreement shall provide that any full-time school
20 psychologist who is employed by a joint agreement program and
21 spends over 50% of his or her time in one school district
22 shall not be required to work a different teaching schedule
23 than the other school psychologists in that district. Such
24 agreement shall include, but not be limited to, provisions
25 for administration, staff, programs, financing, housing,
26 transportation, an advisory body, and for the withdrawal of
27 districts from the joint agreement. Except as otherwise
28 provided in Section 10-22.31.1, the withdrawal of districts
29 from the joint agreement shall be by petition to the regional
30 board of school trustees. Such agreement may be amended at
31 any time as provided in the joint agreement or, if the joint
32 agreement does not so provide, then such agreement may be
33 amended at any time upon the adoption of concurring
SB1561 Engrossed -5- LRB9011314LDdv
1 resolutions by the school boards of all member districts. A
2 fully executed copy of any such agreement or amendment
3 entered into on or after January 1, 1989 shall be filed with
4 the State Board of Education. Such petitions for withdrawal
5 shall be made to the regional board of school trustees of all
6 counties having jurisdiction over one or more of the
7 districts in the joint agreement. Upon receipt of a petition
8 for withdrawal, the regional boards of school trustees having
9 jurisdiction over the cooperating districts shall publish
10 notice of and conduct a joint hearing on the issue as
11 provided in Section 7-6. No such petition may be considered,
12 however, unless in compliance with Section 7-8. If approved
13 by a 2/3 vote of all trustees of those regional boards, at a
14 joint meeting, the withdrawal takes effect as provided in
15 Section 7-9 of this Act.
16 (b) To either (1) designate an administrative district
17 to act as fiscal and legal agent for the districts that are
18 parties to the joint agreement, or (2) designate a governing
19 board composed of one member of the school board of each
20 cooperating district and designated by such boards to act in
21 accordance with the joint agreement. No such governing board
22 may levy taxes and no such governing board may incur any
23 indebtedness except within an annual budget for the joint
24 agreement approved by the governing board and by the boards
25 of at least a majority of the cooperating school districts or
26 a number of districts greater than a majority if required by
27 the joint agreement. If more than 17 school districts are
28 parties to the joint agreement, The governing board may
29 appoint an executive board of at least 7 members to
30 administer the joint agreement in accordance with its terms.
31 However, if 7 or more 20 school districts, a majority of
32 which are located wholly or partially in a county with a
33 population in excess of 3,000,000 inhabitants, are parties to
34 a joint agreement that does not have an administrative
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1 district: (i) at least a majority of the members appointed
2 by the governing board to the executive board shall be
3 members of the school boards of the cooperating districts; or
4 and (ii) if the governing board wishes to appoint members who
5 are not school board members, they shall be superintendents
6 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
SB1561 Engrossed -7- LRB9011314LDdv
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,
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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.
SB1561 Engrossed -9- LRB9011314LDdv
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
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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. 89-397, eff. 8-20-95; 89-613, eff. 8-9-96;
16 89-626, eff. 8-9-96; 90-103, eff. 7-11-97; 90-515, eff.
17 8-22-97; revised 11-13-97.)
18 (105 ILCS 5/10-22.32) (from Ch. 122, par. 10-22.32)
19 Sec. 10-22.32. To authorize the advancement to school
20 board members the anticipated actual and necessary expenses
21 incurred in attending the following meetings:
22 1. Meetings sponsored by the State Board of Education or
23 by the regional superintendents of schools,
24 2. County or regional meetings and the annual meeting
25 sponsored by any school board association complying with the
26 provisions of Article 23 of this Act, and
27 3. Meetings sponsored by a national organization in the
28 field of public school education.
29 The school board may advance to teachers and other
30 certified employees the anticipated actual and necessary
31 expenses incurred in attending meetings which are related to
32 that employee's duties and will contribute to the
33 professional development of that employee.
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1 Such advanced actual and necessary expenses are those
2 reasonably anticipated to be incurred on the days necessary
3 for travel to and from and for attendance at such meetings.
4 After a meeting for which money was advanced to a school
5 board member or teacher or other certified employee for
6 actual and necessary expenses, such member or employee shall
7 submit an itemized verified expense voucher showing the
8 amount of his actual expenses. Receipts shall be attached
9 where possible. If the actual and necessary expenses exceed
10 the amount advanced, the member or employee shall be
11 reimbursed for the amount not advanced. If the actual and
12 necessary expenses are less than the amount advanced, the
13 member or employee shall refund the excess amount.
14 For purposes of this Section only, a person elected at
15 the consolidated election held in April of 1999 or April of
16 2001 to serve as a school board member for a term commencing
17 upon the termination of his or her predecessor's term of
18 office shall be deemed to be a school board member for whom
19 moneys of the school district may be advanced and expended
20 under this Section in order to provide, or to arrange for a
21 school board association that complies with Article 23 to
22 provide, to that person, after he or she has been elected and
23 before his or her term of office as a school board member
24 commences, training in matters relating to the powers,
25 duties, and responsibilities of school board membership.
26 Notwithstanding any other provisions of this Section
27 10-22.32, no money for expenses shall be advanced nor shall
28 any member or employee be reimbursed, for any expenses
29 incurred on behalf of any person other than such member, or
30 employee, or person deemed to be a school board member for
31 purposes of this Section.
32 (Source: P.A. 85-389.)
33 (105 ILCS 5/14-15.01) (from Ch. 122, par. 14-15.01)
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1 Sec. 14-15.01. Community and Residential Services
2 Authority.
3 (a) (1) The Community and Residential Services Authority
4 is hereby created and shall consist of the following members:
5 A representative of the State Board of Education;
6 Four Three representatives of the Department of Human
7 Services; one of whom shall be from the Division of Community
8 Health and Prevention and 3 of whom shall be from the
9 Division of Disability and Behavioral Health Services, with
10 one each from the Offices of Developmental Disabilities,
11 Mental Health, and Rehabilitation Services;
12 A representative of the Department of Children and Family
13 Services;
14 A representative of the Department of Public Health;
15 A representative of the Department of Corrections;
16 A representative of the Department of Public Aid;
17 A representative of the Attorney General's Disability
18 Rights Advocacy Division;
19 The Chairperson and Minority Spokesperson of the House
20 and Senate Committees on Elementary and Secondary Education
21 or their designees; and
22 Six persons appointed by the Governor. Five of such
23 appointees shall be experienced or knowledgeable relative to
24 provision of services for individuals with a behavior
25 disorder or a severe emotional disturbance and shall include
26 representatives of both the private and public sectors,
27 except that no more than 2 of those 5 appointees may be from
28 the public sector and at least 2 must be or have been
29 directly involved in provision of services to such
30 individuals. The remaining member appointed by the Governor
31 shall be or shall have been a parent of an individual with a
32 behavior disorder or a severe emotional disturbance, and that
33 appointee may be from either the private or the public
34 sector.
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1 (2) Members appointed by the Governor shall be appointed
2 for terms of 4 years and shall continue to serve until their
3 respective successors are appointed; provided that the terms
4 of the original appointees shall expire on August 1, 1990,
5 and the term of the additional member appointed under this
6 amendatory Act of 1992 shall commence upon the appointment
7 and expire August 1, 1994. Any vacancy in the office of a
8 member appointed by the Governor shall be filled by
9 appointment of the Governor for the remainder of the term.
10 A vacancy in the office of a member appointed by the
11 Governor exists when one or more of the following events
12 occur:
13 (i) An appointee dies;
14 (ii) An appointee files a written resignation with
15 the Governor;
16 (iii) An appointee ceases to be a legal resident of
17 the State of Illinois; or
18 (iv) An appointee fails to attend a majority of
19 regularly scheduled Authority meetings in a fiscal year.
20 Members who are representatives of an agency shall serve
21 at the will of the agency head. Membership on the Authority
22 shall cease immediately upon cessation of their affiliation
23 with the agency. If such a vacancy occurs, the appropriate
24 agency head shall appoint another person to represent the
25 agency.
26 If a legislative member of the Authority ceases to be
27 Chairperson or Minority Spokesperson of the designated
28 Committees, they shall automatically be replaced on the
29 Authority by the person who assumes the position of
30 Chairperson or Minority Spokesperson.
31 (b) The Community and Residential Services Authority
32 shall have the following powers and duties:
33 (1) To conduct surveys to determine the extent of
34 need, the degree to which documented need is currently
SB1561 Engrossed -14- LRB9011314LDdv
1 being met and feasible alternatives for matching need
2 with resources.
3 (2) To develop policy statements for interagency
4 cooperation to cover all aspects of service delivery,
5 including laws, regulations and procedures, and clear
6 guidelines for determining responsibility at all times.
7 (3) To recommend policy statements and provide
8 information regarding effective programs for delivery of
9 services to all individuals with a behavior disorder or a
10 severe emotional disturbance in public or private
11 situations.
12 (4) To review the criteria for service eligibility,
13 provision and availability established by the
14 governmental agencies represented on this Authority, and
15 to recommend changes, additions or deletions to such
16 criteria.
17 (5) To develop and submit to the Governor, the
18 General Assembly, the Directors of the agencies
19 represented on the Authority, and the State Board of
20 Education a master plan for individuals with a behavior
21 disorder or a severe emotional disturbance, including
22 detailed plans of service ranging from the least to the
23 most restrictive options; and to assist local
24 communities, upon request, in developing or strengthening
25 collaborative interagency networks.
26 (6) To develop a process for making determinations
27 in situations where there is a dispute relative to a plan
28 of service for individuals or funding for a plan of
29 service.
30 (7) To provide technical assistance to parents,
31 service consumers, providers, and member agency personnel
32 regarding statutory responsibilities of human service and
33 educational agencies, and to provide such assistance as
34 deemed necessary to appropriately access needed services.
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1 (c) (1) The members of the Authority shall receive no
2 compensation for their services but shall be entitled to
3 reimbursement of reasonable expenses incurred while
4 performing their duties.
5 (2) The Authority may appoint special study groups to
6 operate under the direction of the Authority and persons
7 appointed to such groups shall receive only reimbursement of
8 reasonable expenses incurred in the performance of their
9 duties.
10 (3) The Authority shall elect from its membership a
11 chairperson, vice-chairperson and secretary.
12 (4) The Authority may employ and fix the compensation of
13 such employees and technical assistants as it deems necessary
14 to carry out its powers and duties under this Act. Staff
15 assistance for the Authority shall be provided by the State
16 Board of Education.
17 (5) Funds for the ordinary and contingent expenses of
18 the Authority shall be appropriated to the State Board of
19 Education in a separate line item.
20 (d) (1) The Authority shall have power to promulgate
21 rules and regulations to carry out its powers and duties
22 under this Act.
23 (2) The Authority may accept monetary gifts or grants
24 from the federal government or any agency thereof, from any
25 charitable foundation or professional association or from any
26 other reputable source for implementation of any program
27 necessary or desirable to the carrying out of the general
28 purposes of the Authority. Such gifts and grants may be held
29 in trust by the Authority and expended in the exercise of its
30 powers and performance of its duties as prescribed by law.
31 (3) The Authority shall submit an annual report of its
32 activities and expenditures to the Governor, the General
33 Assembly, the directors of agencies represented on the
34 Authority, and the State Superintendent of Education.
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1 (Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97;
2 90-566, eff. 1-2-98.)
3 (105 ILCS 5/19-1) (from Ch. 122, par. 19-1)
4 Sec. 19-1. Debt limitations of school districts.
5 (a) School districts shall not be subject to the
6 provisions limiting their indebtedness prescribed in "An Act
7 to limit the indebtedness of counties having a population of
8 less than 500,000 and townships, school districts and other
9 municipal corporations having a population of less than
10 300,000", approved February 15, 1928, as amended.
11 No school districts maintaining grades K through 8 or 9
12 through 12 shall become indebted in any manner or for any
13 purpose to an amount, including existing indebtedness, in the
14 aggregate exceeding 6.9% on the value of the taxable property
15 therein to be ascertained by the last assessment for State
16 and county taxes or, until January 1, 1983, if greater, the
17 sum that is produced by multiplying the school district's
18 1978 equalized assessed valuation by the debt limitation
19 percentage in effect on January 1, 1979, previous to the
20 incurring of such indebtedness.
21 No school districts maintaining grades K through 12 shall
22 become indebted in any manner or for any purpose to an
23 amount, including existing indebtedness, in the aggregate
24 exceeding 13.8% on the value of the taxable property therein
25 to be ascertained by the last assessment for State and county
26 taxes or, until January 1, 1983, if greater, the sum that is
27 produced by multiplying the school district's 1978 equalized
28 assessed valuation by the debt limitation percentage in
29 effect on January 1, 1979, previous to the incurring of such
30 indebtedness.
31 Notwithstanding the provisions of any other law to the
32 contrary, in any case in which the voters of a school
33 district have approved a proposition for the issuance of
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1 bonds of such school district at an election held prior to
2 January 1, 1979, and all of the bonds approved at such
3 election have not been issued, the debt limitation applicable
4 to such school district during the calendar year 1979 shall
5 be computed by multiplying the value of taxable property
6 therein, including personal property, as ascertained by the
7 last assessment for State and county taxes, previous to the
8 incurring of such indebtedness, by the percentage limitation
9 applicable to such school district under the provisions of
10 this subsection (a).
11 (b) Notwithstanding the debt limitation prescribed in
12 subsection (a) of this Section, additional indebtedness may
13 be incurred in an amount not to exceed the estimated cost of
14 acquiring or improving school sites or constructing and
15 equipping additional building facilities under the following
16 conditions:
17 (1) Whenever the enrollment of students for the
18 next school year is estimated by the board of education
19 to increase over the actual present enrollment by not
20 less than 35% or by not less than 200 students or the
21 actual present enrollment of students has increased over
22 the previous school year by not less than 35% or by not
23 less than 200 students and the board of education
24 determines that additional school sites or building
25 facilities are required as a result of such increase in
26 enrollment; and
27 (2) When the Regional Superintendent of Schools
28 having jurisdiction over the school district and the
29 State Superintendent of Education concur in such
30 enrollment projection or increase and approve the need
31 for such additional school sites or building facilities
32 and the estimated cost thereof; and
33 (3) When the voters in the school district approve
34 a proposition for the issuance of bonds for the purpose
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1 of acquiring or improving such needed school sites or
2 constructing and equipping such needed additional
3 building facilities at an election called and held for
4 that purpose. Notice of such an election shall state that
5 the amount of indebtedness proposed to be incurred would
6 exceed the debt limitation otherwise applicable to the
7 school district. The ballot for such proposition shall
8 state what percentage of the equalized assessed valuation
9 will be outstanding in bonds if the proposed issuance of
10 bonds is approved by the voters; or
11 (4) Notwithstanding the provisions of paragraphs
12 (1) through (3) of this subsection (b), if the school
13 board determines that additional facilities are needed to
14 provide a quality educational program and not less than
15 2/3 of those voting in an election called by the school
16 board on the question approve the issuance of bonds for
17 the construction of such facilities, the school district
18 may issue bonds for this purpose.
19 In no event shall the indebtedness incurred pursuant to
20 this subsection (b) and the existing indebtedness of the
21 school district exceed 15% of the value of the taxable
22 property therein to be ascertained by the last assessment for
23 State and county taxes, previous to the incurring of such
24 indebtedness or, until January 1, 1983, if greater, the sum
25 that is produced by multiplying the school district's 1978
26 equalized assessed valuation by the debt limitation
27 percentage in effect on January 1, 1979.
28 The indebtedness provided for by this subsection (b)
29 shall be in addition to and in excess of any other debt
30 limitation.
31 (c) Notwithstanding the debt limitation prescribed in
32 subsection (a) of this Section, in any case in which a public
33 question for the issuance of bonds of a proposed school
34 district maintaining grades kindergarten through 12 received
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1 at least 60% of the valid ballots cast on the question at an
2 election held on or prior to November 8, 1994, and in which
3 the bonds approved at such election have not been issued, the
4 school district pursuant to the requirements of Section
5 11A-10 may issue the total amount of bonds approved at such
6 election for the purpose stated in the question.
7 (d) Notwithstanding the debt limitation prescribed in
8 subsection (a) of this Section, a school district that meets
9 all the criteria set forth in paragraphs (1) and (2) of this
10 subsection (d) may incur an additional indebtedness in an
11 amount not to exceed $4,500,000, even though the amount of
12 the additional indebtedness authorized by this subsection
13 (d), when incurred and added to the aggregate amount of
14 indebtedness of the district existing immediately prior to
15 the district incurring the additional indebtedness authorized
16 by this subsection (d), causes the aggregate indebtedness of
17 the district to exceed the debt limitation otherwise
18 applicable to that district under subsection (a):
19 (1) The additional indebtedness authorized by this
20 subsection (d) is incurred by the school district through
21 the issuance of bonds under and in accordance with
22 Section 17-2.11a for the purpose of replacing a school
23 building which, because of mine subsidence damage, has
24 been closed as provided in paragraph (2) of this
25 subsection (d) or through the issuance of bonds under and
26 in accordance with Section 19-3 for the purpose of
27 increasing the size of, or providing for additional
28 functions in, such replacement school buildings, or both
29 such purposes.
30 (2) The bonds issued by the school district as
31 provided in paragraph (1) above are issued for the
32 purposes of construction by the school district of a new
33 school building pursuant to Section 17-2.11, to replace
34 an existing school building that, because of mine
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1 subsidence damage, is closed as of the end of the 1992-93
2 school year pursuant to action of the regional
3 superintendent of schools of the educational service
4 region in which the district is located under Section
5 3-14.22 or are issued for the purpose of increasing the
6 size of, or providing for additional functions in, the
7 new school building being constructed to replace a school
8 building closed as the result of mine subsidence damage,
9 or both such purposes.
10 (e) Notwithstanding the debt limitation prescribed in
11 subsection (a) of this Section, a school district that meets
12 all the criteria set forth in paragraphs (1) through (5) of
13 this subsection (e) may, without referendum, incur an
14 additional indebtedness in an amount not to exceed the lesser
15 of $5,000,000 or 1.5% of the value of the taxable property
16 within the district even though the amount of the additional
17 indebtedness authorized by this subsection (e), when incurred
18 and added to the aggregate amount of indebtedness of the
19 district existing immediately prior to the district incurring
20 that additional indebtedness, causes the aggregate
21 indebtedness of the district to exceed or increases the
22 amount by which the aggregate indebtedness of the district
23 already exceeds the debt limitation otherwise applicable to
24 that district under subsection (a):
25 (1) The State Board of Education certifies the
26 school district under Section 19-1.5 as a financially
27 distressed district.
28 (2) The additional indebtedness authorized by this
29 subsection (e) is incurred by the financially distressed
30 district during the school year or school years in which
31 the certification of the district as a financially
32 distressed district continues in effect through the
33 issuance of bonds for the lawful school purposes of the
34 district, pursuant to resolution of the school board and
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1 without referendum, as provided in paragraph (5) of this
2 subsection.
3 (3) The aggregate amount of bonds issued by the
4 financially distressed district during a fiscal year in
5 which it is authorized to issue bonds under this
6 subsection does not exceed the amount by which the
7 aggregate expenditures of the district for operational
8 purposes during the immediately preceding fiscal year
9 exceeds the amount appropriated for the operational
10 purposes of the district in the annual school budget
11 adopted by the school board of the district for the
12 fiscal year in which the bonds are issued.
13 (4) Throughout each fiscal year in which
14 certification of the district as a financially distressed
15 district continues in effect, the district maintains in
16 effect a gross salary expense and gross wage expense
17 freeze policy under which the district expenditures for
18 total employee salaries and wages do not exceed such
19 expenditures for the immediately preceding fiscal year.
20 Nothing in this paragraph, however, shall be deemed to
21 impair or to require impairment of the contractual
22 obligations, including collective bargaining agreements,
23 of the district or to impair or require the impairment of
24 the vested rights of any employee of the district under
25 the terms of any contract or agreement in effect on the
26 effective date of this amendatory Act of 1994.
27 (5) Bonds issued by the financially distressed
28 district under this subsection shall bear interest at a
29 rate not to exceed the maximum rate authorized by law at
30 the time of the making of the contract, shall mature
31 within 40 years from their date of issue, and shall be
32 signed by the president of the school board and treasurer
33 of the school district. In order to issue bonds under
34 this subsection, the school board shall adopt a
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1 resolution fixing the amount of the bonds, the date of
2 the bonds, the maturities of the bonds, the rates of
3 interest of the bonds, and their place of payment and
4 denomination, and shall provide for the levy and
5 collection of a direct annual tax upon all the taxable
6 property in the district sufficient to pay the principal
7 and interest on the bonds to maturity. Upon the filing
8 in the office of the county clerk of the county in which
9 the financially distressed district is located of a
10 certified copy of the resolution, it is the duty of the
11 county clerk to extend the tax therefor in addition to
12 and in excess of all other taxes at any time authorized
13 to be levied by the district. If bond proceeds from the
14 sale of bonds include a premium or if the proceeds of the
15 bonds are invested as authorized by law, the school board
16 shall determine by resolution whether the interest earned
17 on the investment of bond proceeds or the premium
18 realized on the sale of the bonds is to be used for any
19 of the lawful school purposes for which the bonds were
20 issued or for the payment of the principal indebtedness
21 and interest on the bonds. The proceeds of the bond sale
22 shall be deposited in the educational purposes fund of
23 the district and shall be used to pay operational
24 expenses of the district. This subsection is cumulative
25 and constitutes complete authority for the issuance of
26 bonds as provided in this subsection, notwithstanding any
27 other law to the contrary.
28 (f) Notwithstanding the provisions of subsection (a) of
29 this Section or of any other law, bonds in not to exceed the
30 aggregate amount of $5,500,000 and issued by a school
31 district meeting the following criteria shall not be
32 considered indebtedness for purposes of any statutory
33 limitation and may be issued in an amount or amounts,
34 including existing indebtedness, in excess of any heretofore
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1 or hereafter imposed statutory limitation as to indebtedness:
2 (1) At the time of the sale of such bonds, the
3 board of education of the district shall have determined
4 by resolution that the enrollment of students in the
5 district is projected to increase by not less than 7%
6 during each of the next succeeding 2 school years.
7 (2) The board of education shall also determine by
8 resolution that the improvements to be financed with the
9 proceeds of the bonds are needed because of the projected
10 enrollment increases.
11 (3) The board of education shall also determine by
12 resolution that the projected increases in enrollment are
13 the result of improvements made or expected to be made to
14 passenger rail facilities located in the school district.
15 (g) Notwithstanding the provisions of subsection (a) of
16 this Section or any other law, bonds in not to exceed an
17 aggregate amount of 25% of the equalized assessed value of
18 the taxable property of a school district and issued by a
19 school district meeting the criteria in paragraphs (i)
20 through (iv) of this subsection shall not be considered
21 indebtedness for purposes of any statutory limitation and may
22 be issued pursuant to resolution of the school board in an
23 amount or amounts, including existing indebtedness, in excess
24 of any statutory limitation of indebtedness heretofore or
25 hereafter imposed:
26 (i) The bonds are issued for the purpose of
27 constructing a new high school building to replace two
28 adjacent existing buildings which together house a single
29 high school, each of which is more than 65 years old, and
30 which together are located on more than 10 acres and less
31 than 11 acres of property.
32 (ii) At the time the resolution authorizing the
33 issuance of the bonds is adopted, the cost of
34 constructing a new school building to replace the
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1 existing school building is less than 60% of the cost of
2 repairing the existing school building.
3 (iii) The sale of the bonds occurs before July 1,
4 1997.
5 (iv) The school district issuing the bonds is a
6 unit school district located in a county of less than
7 70,000 and more than 50,000 inhabitants, which has an
8 average daily attendance of less than 1,500 and an
9 equalized assessed valuation of less than $29,000,000.
10 (h) Notwithstanding any other provisions of this Section
11 or the provisions of any other law, until January 1, 1998, a
12 community unit school district maintaining grades K through
13 12 may issue bonds up to an amount, including existing
14 indebtedness, not exceeding 27.6% of the equalized assessed
15 value of the taxable property in the district, if all of the
16 following conditions are met:
17 (i) The school district has an equalized assessed
18 valuation for calendar year 1995 of less than
19 $24,000,000;
20 (ii) The bonds are issued for the capital
21 improvement, renovation, rehabilitation, or replacement
22 of existing school buildings of the district, all of
23 which buildings were originally constructed not less than
24 40 years ago;
25 (iii) The voters of the district approve a
26 proposition for the issuance of the bonds at a referendum
27 held after March 19, 1996; and
28 (iv) The bonds are issued pursuant to Sections 19-2
29 through 19-7 of this Code.
30 (i) Notwithstanding any other provisions of this Section
31 or the provisions of any other law, until January 1, 1998, a
32 community unit school district maintaining grades K through
33 12 may issue bonds up to an amount, including existing
34 indebtedness, not exceeding 27% of the equalized assessed
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1 value of the taxable property in the district, if all of the
2 following conditions are met:
3 (i) The school district has an equalized assessed
4 valuation for calendar year 1995 of less than
5 $44,600,000;
6 (ii) The bonds are issued for the capital
7 improvement, renovation, rehabilitation, or replacement
8 of existing school buildings of the district, all of
9 which existing buildings were originally constructed not
10 less than 80 years ago;
11 (iii) The voters of the district approve a
12 proposition for the issuance of the bonds at a referendum
13 held after December 31, 1996; and
14 (iv) The bonds are issued pursuant to Sections 19-2
15 through 19-7 of this Code.
16 (j) Notwithstanding any other provisions of this Section
17 or the provisions of any other law, until January 1, 1999, a
18 community unit school district maintaining grades K through
19 12 may issue bonds up to an amount, including existing
20 indebtedness, not exceeding 27% of the equalized assessed
21 value of the taxable property in the district if all of the
22 following conditions are met:
23 (i) The school district has an equalized assessed
24 valuation for calendar year 1995 of less than
25 $140,000,000 and a best 3 months average daily attendance
26 for the 1995-96 school year of at least 2,800;
27 (ii) The bonds are issued to purchase a site and
28 build and equip a new high school, and the school
29 district's existing high school was originally
30 constructed not less than 35 years prior to the sale of
31 the bonds;
32 (iii) At the time of the sale of the bonds, the
33 board of education determines by resolution that a new
34 high school is needed because of projected enrollment
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1 increases;
2 (iv) At least 60% of those voting in an election
3 held after December 31, 1996 approve a proposition for
4 the issuance of the bonds; and
5 (v) The bonds are issued pursuant to Sections 19-2
6 through 19-7 of this Code.
7 (k) Notwithstanding any other provisions of this Section
8 or the provisions of any other law, until January 1, 2000, a
9 school district maintaining grades kindergarten through 8 may
10 issue bonds up to an amount, including existing indebtedness,
11 not exceeding 15% of the equalized assessed value of the
12 taxable property in the district if all of the following
13 conditions are met:
14 (i) the district has an equalized assessed
15 valuation for calendar year 1996 of less than
16 $10,000,000;
17 (ii) the bonds are issued for capital improvement,
18 renovation, rehabilitation, or replacement of one or more
19 school buildings of the district, which buildings were
20 originally constructed not less than 70 years ago;
21 (iii) the voters of the district approve a
22 proposition for the issuance of the bonds at a referendum
23 held on or after March 17, 1998; and
24 (iv) the bonds are issued pursuant to Sections 19-2
25 through 19-7 of this Code.
26 (Source: P.A. 89-47, eff. 7-1-95; 89-661, eff. 1-1-97;
27 89-698, eff. 1-14-97; 90-570, eff. 1-28-98.)
28 (105 ILCS 5/34A-411) (from Ch. 122, par. 34A-411)
29 Sec. 34A-411. Termination and reinstatement of
30 Authority's power under this Article.
31 (a) The powers and responsibilities granted to or
32 imposed upon the Authority and the Board under Sections
33 34A-401 through 34A-410 of this Article shall not be
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1 exercised after the Authority has certified to the Governor
2 and the Mayor that the Board has completed 6 successive
3 Fiscal Years of balanced Budgets pursuant to the accounting
4 and other principles prescribed by the Authority.
5 Notwithstanding the foregoing sentence, Sections 34A-402,
6 34A-404, 34A-405, and 34A-408 shall continue in full force
7 and effect after such certification of the completion of 6
8 successive Fiscal Years of balanced Budgets.
9 (b) Upon determination by the Authority and
10 certification of the Authority to the Governor and the Mayor
11 that the Board has failed to adopt a balanced Budget by
12 August 15th immediately preceding the commencement of each
13 Fiscal Year or failed to achieve a balanced Budget for two
14 successive Fiscal Years, subsequent to a time in which the
15 powers and responsibilities of the Authority and the Board
16 are not exercised pursuant to paragraph (a) of this Section,
17 the Authority and Board shall resume the exercise of their
18 respective powers and responsibilities pursuant to each
19 Section of this Article.
20 (c) Notwithstanding the provisions of subsections (a)
21 and (b) of this Section or any other provision of law to the
22 contrary, the powers and responsibilities granted to or
23 imposed upon the Authority and the Board under Sections
24 34A-401 through 34A-410 and Section 34A-606 are suspended
25 until July 1, 2004 1999.
26 (Source: P.A. 88-511; 89-15, eff. 5-30-95.)
27 Section 7. The Public Community College Act is amended
28 by changing Section 3B-3 as follows:
29 (110 ILCS 805/3B-3) (from Ch. 122, par. 103B-3)
30 Sec. 3B-3. Dismissal of Non-tenure Faculty Member. Every
31 Board shall provide by rule or contract for a procedure to
32 evaluate the performance and qualifications of non-tenure
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1 faculty members. If the implementation of such procedure
2 results in a decision to dismiss a non-tenure faculty member
3 or if the Board decides to dismiss the faculty member for any
4 other reason for the ensuing school year or term, the Board
5 shall give notice thereof to the faculty member not later
6 than 60 days before the end of the school year or term. The
7 specific reasons for the dismissal shall be confidential but
8 shall be issued to the faculty member teacher upon request.
9 If the Board fails to give such notice, within the time
10 period, the faculty member shall be deemed reemployed for the
11 ensuing school year. If the Board fails to give such notice
12 within the time provided during the third year, or during the
13 fourth year in the case of a one year extension, the faculty
14 member shall enter upon tenure during the ensuing school year
15 or term.
16 The changes made by this amendatory Act of 1998 are
17 declaratory of existing law.
18 (Source: P.A. 81-1100.)
19 Section 10. The Illinois Educational Labor Relations Act
20 is amended by changing Section 8 as follows:
21 (115 ILCS 5/8) (from Ch. 48, par. 1708)
22 Sec. 8. Election - certification. Elections shall be by
23 secret ballot, and conducted in accordance with rules and
24 regulations established by the Illinois Educational Labor
25 Relations Board. An incumbent exclusive bargaining
26 representative shall automatically be placed on any ballot
27 with the petitioner's labor organization. An intervening
28 labor organization may be placed on the ballot when supported
29 by 15% or more of the employees in the bargaining unit. The
30 Board shall give at least 30 days notice of the time and
31 place of the election to the parties and, upon request, shall
32 provide the parties with a list of names and addresses of
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1 persons eligible to vote in the election at least 15 days
2 before the election. The ballot must include, as one of the
3 alternatives, the choice of "no representative". No mail
4 ballots are permitted except where a specific individual
5 would otherwise be unable to cast a ballot.
6 The labor organization receiving a majority of the
7 ballots cast shall be certified by the Board as the exclusive
8 bargaining representative. If the choice of "no
9 representative" receives a majority, the employer shall not
10 recognize any exclusive bargaining representative for at
11 least 12 months. If none of the choices on the ballot
12 receives a majority, a run-off shall be conducted between the
13 2 choices receiving the largest number of valid votes cast in
14 the election. The Board shall certify the results of the
15 election within 6 5 working days after the final tally of
16 votes unless a charge is filed by a party alleging that
17 improper conduct occurred which affected the outcome of the
18 election. The Board shall promptly investigate the
19 allegations, and if it finds probable cause that improper
20 conduct occurred and could have affected the outcome of the
21 election, it shall set a hearing on the matter on a date
22 falling within 2 weeks of when it received the charge. If it
23 determines, after hearing, that the outcome of the election
24 was affected by improper conduct, it shall order a new
25 election and shall order corrective action which it considers
26 necessary to insure the fairness of the new election. If it
27 determines upon investigation or after hearing that the
28 alleged improper conduct did not take place or that it did
29 not affect the results of the election, it shall immediately
30 certify the election results.
31 Any labor organization that is the exclusive bargaining
32 representative in an appropriate unit on the effective date
33 of this Act shall continue as such until a new one is
34 selected under this Act.
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1 (Source: P.A. 83-1014.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.