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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 SB1561 Engrossed -2- LRB9011314LDdv 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
Itshall thenenter 24 upon the discharge of its duties. 25 The regional superintendent of schools having supervision 26 and control, over the districtas 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 Actshall convene the newly elected board 30 within 7 days after the election of the board of education of 31 that any newdistrict governed by this Act, whereupon the 32 board shall proceed to organize by electing one 1of 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 nonpartisanelection in an 6 odd-numbered year, such initial terms shall be extended to 7 the consolidated nonpartisanelection 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 SB1561 Engrossed -4- LRB9011314LDdv 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 forthe 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 are28 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 20school districts , a majority of32 which are located wholly or partially in a county with a33 population in excess of 3,000,000 inhabitants,are parties to 34 a joint agreement that does not have an administrative SB1561 Engrossed -6- LRB9011314LDdv 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, SB1561 Engrossed -8- LRB9011314LDdv 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 SB1561 Engrossed -10- LRB9011314LDdv 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. SB1561 Engrossed -11- LRB9011314LDdv 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, or30 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) SB1561 Engrossed -12- LRB9011314LDdv 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 Threerepresentatives 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. SB1561 Engrossed -13- LRB9011314LDdv 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. SB1561 Engrossed -15- LRB9011314LDdv 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. SB1561 Engrossed -16- LRB9011314LDdv 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 SB1561 Engrossed -17- LRB9011314LDdv 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 SB1561 Engrossed -18- LRB9011314LDdv 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 SB1561 Engrossed -19- LRB9011314LDdv 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 SB1561 Engrossed -20- LRB9011314LDdv 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 SB1561 Engrossed -21- LRB9011314LDdv 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 SB1561 Engrossed -22- LRB9011314LDdv 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 SB1561 Engrossed -23- LRB9011314LDdv 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 SB1561 Engrossed -24- LRB9011314LDdv 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 SB1561 Engrossed -25- LRB9011314LDdv 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 SB1561 Engrossed -26- LRB9011314LDdv 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 SB1561 Engrossed -27- LRB9011314LDdv 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 SB1561 Engrossed -28- LRB9011314LDdv 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 teacherupon 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 SB1561 Engrossed -29- LRB9011314LDdv 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 mail4 ballots are permitted except where a specific individual5 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 5working 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. SB1561 Engrossed -30- LRB9011314LDdv 1 (Source: P.A. 83-1014.) 2 Section 99. Effective date. This Act takes effect upon 3 becoming law.
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