Full Text of HB0809 96th General Assembly
HB0809sam001 96TH GENERAL ASSEMBLY
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Sen. Deanna Demuzio
Filed: 5/13/2009
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| AMENDMENT TO HOUSE BILL 809
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| AMENDMENT NO. ______. Amend House Bill 809 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The School Code is amended by changing Section | 5 |
| 10-22.31 as follows:
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| (105 ILCS 5/10-22.31) (from Ch. 122, par. 10-22.31)
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| Sec. 10-22.31. Special education.
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| (a) To enter into joint agreements with other school boards | 9 |
| to provide
the needed special educational facilities and to | 10 |
| employ a director and
other professional workers as defined in | 11 |
| Section 14-1.10 and to establish
facilities as defined in | 12 |
| Section 14-1.08 for the types of children described
in Sections | 13 |
| 14-1.02 and 14-1.03a through 14-1.07 . The director (who may be | 14 |
| employed under
a multi-year contract as provided in subsection | 15 |
| (c) of this Section)
and other professional workers may be | 16 |
| employed by one district, which
shall be reimbursed on a |
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| mutually agreed basis by other districts
that are parties to | 2 |
| the joint agreement. Such agreements may provide that
one | 3 |
| district may supply professional workers for a joint program | 4 |
| conducted
in another district. Such agreement shall provide | 5 |
| that any full-time professional worker school
psychologist who | 6 |
| is employed by a joint agreement program and spends over
50% of | 7 |
| his or her time in one school district shall not be required to | 8 |
| work
a different teaching schedule than the other professional | 9 |
| worker school psychologists in that
district. Such agreement | 10 |
| shall include, but not be limited to, provisions
for | 11 |
| administration, staff, programs, financing, housing, | 12 |
| transportation, an
advisory body, and the method or methods to | 13 |
| be employed for disposing of property upon the withdrawal of a | 14 |
| school district or dissolution of the joint agreement and shall | 15 |
| specify procedures for the withdrawal of
districts from
the | 16 |
| joint agreement as long as these procedures are consistent with | 17 |
| subsection (g) of this Section . Except as otherwise provided in | 18 |
| Section 10-22.31.1, the
withdrawal of districts from the joint | 19 |
| agreement shall be by petition to the
regional board of school | 20 |
| trustees. Such
agreement may be amended at any time , provided | 21 |
| that no later than 6 months after the effective date of this | 22 |
| amendatory Act of the 96th General Assembly, all existing | 23 |
| agreements shall be amended to be consistent with this | 24 |
| amendatory Act of the 96th General Assembly. as provided in the | 25 |
| joint agreement or,
if the joint agreement does not so provide, | 26 |
| then such agreement may be
amended at any time upon the |
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| adoption of concurring resolutions by the
school boards of all | 2 |
| member districts. A fully executed copy of any such
agreement | 3 |
| or amendment entered into on or after January 1, 1989 shall be
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| filed with the State Board of Education. Such petitions for | 5 |
| withdrawal
shall be made to the regional board of school | 6 |
| trustees of all counties
having jurisdiction over one or more | 7 |
| of the districts in the joint
agreement. Upon receipt of a | 8 |
| petition for withdrawal, the regional boards
of school trustees | 9 |
| having jurisdiction over the cooperating districts shall
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| publish 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 by | 13 |
| a 2/3 vote of all trustees
of those regional boards, at a joint | 14 |
| meeting, the withdrawal takes effect
as provided in Section 7-9 | 15 |
| of this Act.
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| (b) To either (1) designate an administrative district to | 17 |
| 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
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| indebtedness except within an annual budget for the joint | 24 |
| agreement
approved by the governing board and by the boards of | 25 |
| at least a majority
of the cooperating school districts or a | 26 |
| number of districts greater
than a majority if required by
the |
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| joint agreement. The governing board may appoint an executive | 2 |
| board of at
least 7 members to administer the joint agreement | 3 |
| in accordance with
its terms. However, if 7 or more school | 4 |
| districts are parties to a joint agreement that does not have | 5 |
| an
administrative district: (i) at least a majority of the | 6 |
| members appointed by
the governing board to the executive
board | 7 |
| shall
be members of the school boards of the cooperating | 8 |
| districts; or
(ii) if the
governing
board wishes to appoint | 9 |
| members who are not school board members, they shall be
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| superintendents from the
cooperating districts.
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| (c) To employ a full-time director of special education of | 12 |
| the a joint agreement program under a one-year or multi-year
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| contract. No such contract can be offered or accepted for less | 14 |
| than one year. or
more than 3 years, except for a person | 15 |
| serving as a director of a
special education joint agreement | 16 |
| for the first time in Illinois. In such
a case, the initial | 17 |
| contract shall be for a 2 year period. Such contract
may be | 18 |
| discontinued at any time by mutual agreement of the contracting
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| parties, or may be extended for an additional one-year or | 20 |
| multi-year period 3 years at the end of any year.
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| The contract year is July 1 through the following June | 22 |
| 30th, unless the
contract specifically provides otherwise. | 23 |
| Notice of intent not to renew a
contract when given by a | 24 |
| controlling board or administrative district must
be in writing | 25 |
| stating the specific reason therefor. Notice of intent not
to | 26 |
| renew the contract must be given by the controlling board or |
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| the
administrative district at least 90 days before the | 2 |
| contract expires.
Failure to do so will automatically extend | 3 |
| the contract for one
additional year.
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| By accepting the terms of the multi-year contract, the | 5 |
| director of a
special education joint agreement waives all | 6 |
| rights granted under Sections
24-11 through 24-16 for the | 7 |
| duration of his or her employment as a director
of a special | 8 |
| education joint agreement.
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| (d) To designate a district that is a party to the joint | 10 |
| agreement as the
issuer of bonds or notes for the purposes and | 11 |
| in the manner provided in
this Section. It is not necessary for | 12 |
| such district to also be the
administrative district for the | 13 |
| joint agreement, nor is it necessary for
the same district to | 14 |
| be designated as the issuer of all series of bonds or
notes | 15 |
| issued hereunder. Any district so designated may, from time to | 16 |
| time,
borrow money and, in evidence of its obligation to repay | 17 |
| the borrowing,
issue its negotiable bonds or notes for the | 18 |
| purpose of acquiring,
constructing, altering, repairing, | 19 |
| enlarging and equipping any building or
portion thereof, | 20 |
| together with any land or interest therein, necessary to
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| provide special educational facilities and services as defined | 22 |
| in Section
14-1.08. Title in and to any such facilities shall | 23 |
| be held in accordance
with the joint agreement.
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| Any such bonds or notes shall be authorized by a resolution | 25 |
| of the board
of education of the issuing district. The | 26 |
| resolution may contain such
covenants as may be deemed |
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| necessary or advisable by the district to
assure the payment of | 2 |
| the bonds or notes. The resolution shall be
effective | 3 |
| immediately upon its adoption.
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| Prior to the issuance of such bonds or notes, each school | 5 |
| district that
is a party to the joint agreement shall agree, | 6 |
| whether by amendment to the
joint agreement or by resolution of | 7 |
| the board of education, to be jointly
and severally liable for | 8 |
| the payment of the bonds and notes. The bonds or
notes shall be | 9 |
| payable solely and only from the payments made pursuant to
such | 10 |
| agreement.
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| Neither the bonds or notes nor the obligation to pay the | 12 |
| bonds or notes under
any joint agreement shall constitute an | 13 |
| indebtedness of any district,
including the issuing district, | 14 |
| within the meaning of any constitutional or
statutory | 15 |
| limitation.
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| As long as any bonds or notes are outstanding and unpaid, | 17 |
| the agreement
by a district to pay the bonds and notes shall be | 18 |
| irrevocable
notwithstanding the district's withdrawal from | 19 |
| membership in the joint
special education program.
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| (e) If a district whose employees are on strike was, prior | 21 |
| to the strike,
sending students with disabilities to special | 22 |
| educational
facilities and services
in another district or | 23 |
| cooperative, the district affected by the strike
shall continue | 24 |
| to send such students during the strike and shall be
eligible | 25 |
| to receive appropriate State reimbursement.
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| (f) With respect to those joint agreements that have a |
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| governing board
composed of one member of the school board of | 2 |
| each cooperating district and
designated by those boards to act | 3 |
| in accordance with the joint agreement, the
governing board | 4 |
| shall have, in addition to its other powers under this Section,
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| the authority to issue bonds or notes for the purposes and in | 6 |
| the manner
provided in this subsection. The governing board of | 7 |
| the joint agreement
may from time to time borrow money and, in | 8 |
| evidence of its
obligation to repay the borrowing,
issue its | 9 |
| negotiable bonds or notes for the purpose of acquiring,
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| constructing, altering, repairing, enlarging and equipping any | 11 |
| building or
portion thereof, together with any land or interest | 12 |
| therein, necessary to
provide special educational facilities | 13 |
| and services as defined in Section
14-1.08 and including also | 14 |
| facilities for activities of administration and
educational | 15 |
| support personnel employees. Title in and to any such | 16 |
| facilities
shall be held in accordance with the joint | 17 |
| agreement.
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| Any such bonds or notes shall be authorized by a resolution | 19 |
| of the
governing board. The resolution may contain such
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| covenants as may be deemed necessary or advisable by the | 21 |
| governing board
to assure the payment of the bonds or notes and | 22 |
| interest accruing thereon.
The resolution shall be effective | 23 |
| immediately upon its adoption.
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| Each school district that
is a party to the joint agreement | 25 |
| shall be automatically liable, by virtue of
its membership in | 26 |
| the joint agreement, for its proportionate share of the
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| principal amount of the bonds and notes plus interest accruing | 2 |
| thereon, as
provided in the resolution. Subject to the joint | 3 |
| and several liability
hereinafter provided for, the resolution | 4 |
| may provide for different payment
schedules for different | 5 |
| districts except that the aggregate amount of scheduled
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| payments for each district shall be equal to its proportionate | 7 |
| share of the
debt service in the bonds or notes based upon the | 8 |
| fraction that its
equalized assessed valuation bears to the | 9 |
| total equalized assessed valuation of
all the district members | 10 |
| of the joint agreement as adjusted in the manner
hereinafter | 11 |
| provided. In computing that fraction the most recent available
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| equalized assessed valuation at the time of the issuance of the | 13 |
| bonds and notes
shall be used, and the equalized assessed | 14 |
| valuation of any district maintaining
grades K to 12 shall be | 15 |
| doubled in both the numerator and denominator of the
fraction | 16 |
| used for all of the districts that are members of the joint
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| agreement. In case of default in payment by any
member, each | 18 |
| school district that is a party to the joint agreement shall
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| automatically be jointly and severally liable for the amount of | 20 |
| any
deficiency. The bonds or
notes and interest thereon shall | 21 |
| be payable solely and only from the
funds made available | 22 |
| pursuant to the procedures set forth in this
subsection. No | 23 |
| project authorized under this subsection may require an
annual | 24 |
| contribution for bond payments from any member district in | 25 |
| excess of
0.15% of the value of taxable property as equalized | 26 |
| or assessed by the
Department of Revenue in the case of |
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| districts maintaining grades K-8 or 9-12
and 0.30% of the value | 2 |
| of taxable property as equalized or assessed by the
Department | 3 |
| of
Revenue in the case of districts maintaining grades K-12. | 4 |
| This limitation on
taxing authority is expressly applicable to | 5 |
| taxing authority provided under
Section 17-9 and other | 6 |
| applicable Sections of this Act. Nothing contained in
this | 7 |
| subsection shall be construed as an exception to the property | 8 |
| tax
limitations contained in Section 17-2, 17-2.2a, 17-5, or
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| any other applicable Section of this Act.
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| Neither the bonds or notes nor the obligation to pay the | 11 |
| bonds or notes
under any joint agreement shall constitute an | 12 |
| indebtedness of any district
within the meaning of any | 13 |
| constitutional or statutory limitation.
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| As long as any bonds or notes are outstanding and unpaid, | 15 |
| the obligation
of a district to pay its proportionate share of | 16 |
| the principal of and
interest on the bonds and notes as | 17 |
| required in this Section shall be a
general obligation of the | 18 |
| district payable from any and all sources of revenue
designated | 19 |
| for that purpose by the board of education of the district and | 20 |
| shall
be irrevocable notwithstanding the district's withdrawal | 21 |
| from membership in the
joint special education program.
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| (g) A member district wishing to withdraw from a joint | 23 |
| agreement must obtain from its school board a written | 24 |
| resolution approving the withdrawal. The withdrawing district | 25 |
| must then present a written petition for withdrawal from the | 26 |
| joint agreement to the other member districts within such |
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| timelines designated by the joint agreement. Upon approval by | 2 |
| school board written resolution of all of the remaining member | 3 |
| districts, the petitioning member district shall be withdrawn | 4 |
| from the joint agreement effective the following July 1 and | 5 |
| shall notify the State Board of Education of the approved | 6 |
| withdrawal in writing. If the petitioning district has not | 7 |
| received the approval of all of the remaining member districts, | 8 |
| then the withdrawing district may present a petition for | 9 |
| withdrawal to the State Board of Education and shall be given | 10 |
| the opportunity to present documents and testimony to the State | 11 |
| Board of Education in support of its petition. | 12 |
| A dissolution of a joint agreement comprised of 3 or more | 13 |
| school boards may be accomplished by filing a joint petition | 14 |
| with the State Board of Education by not less than two-thirds | 15 |
| of the member school districts after adoption of a written | 16 |
| resolution to that effect by the school board of each of the | 17 |
| districts seeking the dissolution. The State Board of Education | 18 |
| shall conduct a hearing on the petition. | 19 |
| A withdrawal or dissolution shall take effect on July 1 | 20 |
| following the final decision of the State Board of Education or | 21 |
| a court of competent jurisdiction upon review. | 22 |
| The State Board of Education shall take such action in | 23 |
| approving or disapproving a district withdrawal or joint | 24 |
| agreement dissolution as the State Board deems in the best | 25 |
| interests of the petitioning school district and of the State | 26 |
| as a whole in the provision of special education services for |
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| students with disabilities; provided that the State Board of | 2 |
| Education may approve the petition for withdrawal only if it | 3 |
| has already approved or concurrently does approve the | 4 |
| district's comprehensive plan required by Section 14-4.01 of | 5 |
| this Code. The State Board of Education may adopt rules | 6 |
| governing the processes for withdrawal and dissolution | 7 |
| required by this Section. | 8 |
| A hearing pursuant to this Section does not constitute a | 9 |
| contested case, as that term is defined in the Illinois | 10 |
| Administrative Procedures Act, and, consequently, State Board | 11 |
| of Education rules for contested cases do not apply. The | 12 |
| decision of the State Board of Education shall be deemed to be | 13 |
| an administrative decision, as defined in Section 3-101 of the | 14 |
| Code of Civil Procedure, and any party appearing at the hearing | 15 |
| who is adversely affected by the administrative decision may | 16 |
| file a complaint for judicial review in accordance with the | 17 |
| Administrative Review Law. The commencement of an action for | 18 |
| judicial review shall operate as a stay of enforcement, and no | 19 |
| further proceedings shall be had until final disposition of the | 20 |
| review by a court of competent jurisdiction. With respect to | 21 |
| any right is has pursuant to this Section, the State Board of | 22 |
| Education may delegate such right to the State Superintendent | 23 |
| of Education. | 24 |
| (h) The changes to this Section made by this amendatory Act | 25 |
| of the 96th General Assembly apply to withdrawals from or | 26 |
| dissolutions of special education joint agreements initiated |
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| after the effective date of this amendatory Act of the 96th | 2 |
| General Assembly. | 3 |
| (Source: P.A. 89-397, eff. 8-20-95; 89-613, eff. 8-9-96; | 4 |
| 89-626, eff. 8-9-96;
90-103, eff. 7-11-97; 90-515, eff. | 5 |
| 8-22-97; 90-637, eff. 7-24-98; 90-655, eff.
7-30-98.)
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| (105 ILCS 5/10-22.31.1 rep.)
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| Section 10. The School Code is amended by repealing Section | 8 |
| 10-22.31.1.
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| Section 99. Effective date. This Act takes effect July 1, | 10 |
| 2009.".
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