State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Enrolled ][ House Amendment 001 ]

90_HB2614eng

      105 ILCS 5/10-22.6        from Ch. 122, par. 10-22.6
          Amends the School  Code.   Makes  changes  of  style  and
      punctuation  and adds a gender neutral reference to a Section
      of the School Code relating to the suspension or expulsion of
      pupils.
                                                     LRB9009205THcd
HB2614 Engrossed                               LRB9009205THcd
 1        AN ACT to amend the  School  Code  by  changing  Sections
 2    9-12.1, 10-5, 10-16, 10-22.31, and 10-22.32.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.   The  School  Code  is  amended  by  changing
 6    Sections  9-12.1,  10-5,  10-16,  10-22.31,  and  10-22.32 as
 7    follows:
 8        (105 ILCS 5/9-12.1) (from Ch. 122, par. 9-12.1)
 9        Sec. 9-12.1.  (a) On the  reverse  side  of  each  ballot
10    contained  in Section 9-12, except the ballot under Format 6,
11    shall be printed the following:
12                           OFFICIAL BALLOT
13                       ..... County, Illinois
14          School District No. ...., ...... County, Illinois
15                    Election Tuesday, ...., 19...
16           (facsimile signature of the election authority)
17        (b)  If 6-year terms have been adopted under Section 9-5,
18    or if a ballot is to be used to elect a member or members  of
19    a  board  of  school  directors  or board of education at the
20    consolidated election held in April of 1999 or April of  2001
21    to  a  full term that is less than a 4-year term, appropriate
22    adjustments should be made to each ballot in Section 9-12. In
23    the case of  any  unexpired  term  each  ballot  format  must
24    indicate whether it is a 4-year or a 2-year unexpired term.
25    (Source: P.A. 84-1338.)
26        (105 ILCS 5/10-5) (from Ch. 122, par. 10-5)
27        Sec.  10-5.  Organization  of board - Report to treasurer
28    and regional superintendent of schools. Within 7  days  after
29    the  regular  election of directors, the directors shall meet
30    and organize by appointing one of their number president  and
HB2614 Engrossed            -2-                LRB9009205THcd
 1    another  as  clerk, except that when directors are elected at
 2    the consolidated elections in April  of  1999  and  April  of
 3    2001,  the  directors  shall meet and organize, in the manner
 4    provided by this Section,  within  7  days  after  the  first
 5    Tuesday after the first Monday of November in each of those 2
 6    years.  The  clerk  shall at once report to the treasurer and
 7    regional superintendent of schools the names of the president
 8    and clerk so appointed.  Upon organizing itself  as  provided
 9    in  this  Section,  the board of school directors shall enter
10    upon the discharge  of  its  duties.  Terms  of  members  are
11    subject to Section 2A-54 of the Election Code.
12    (Source: P.A. 90-358, eff. 1-1-98.)
13        (105 ILCS 5/10-16) (from Ch. 122, par. 10-16)
14        Sec.  10-16.  Organization  of Board. Within 7 days after
15    the consolidated    election,  other  than  the  consolidated
16    elections  in  1999  and  2001,  the  board shall organize by
17    electing its officers and fixing a time  and  place  for  the
18    regular  meetings.  However,  when  school  board members are
19    elected at the consolidated elections held in April  of  1999
20    and  April  of  2001,  the board shall organize within 7 days
21    after the first Tuesday after the first Monday of November in
22    each such year by electing officers and setting the time  and
23    place  of  the  regular  meetings.  Upon organizing itself as
24    provided in this paragraph, the board  It  shall  then  enter
25    upon the discharge of its duties.
26        The regional superintendent of schools having supervision
27    and control, over the district as provided in Section 3-14.2,
28    of  a new school district that is governed by the School Code
29    and formed on or after the effective date of this  amendatory
30    Act  of  1998  this Act shall convene the newly elected board
31    within 7 days after the election of the board of education of
32    that any new district governed by  this  Act,  whereupon  the
33    board  shall  proceed  to organize by electing one 1 of their
HB2614 Engrossed            -3-                LRB9009205THcd
 1    number as president and electing a secretary, who may or  may
 2    not  be a member.  At such meeting the length of term of each
 3    of the members shall be determined by lot  so  that  4  shall
 4    serve for 4 years, and 3 for 2 years from the commencement of
 5    their  terms;  provided,  however,  if  such members were not
 6    elected  at  the  consolidated  nonpartisan  election  in  an
 7    odd-numbered year, such initial terms shall  be  extended  to
 8    the   consolidated  nonpartisan  election  for  school  board
 9    members immediately following the expiration of the initial 4
10    or 2 year terms. The provisions of this paragraph that relate
11    to the determination of terms by lot shall not apply  to  the
12    initial  members  of  the  board  of  education of a combined
13    school district who are to be elected to unstaggered terms as
14    provided in subsection (a-5) of Section 11B-7.
15        The terms of the officers of a board of  education  shall
16    be for 2 years, except that the terms of the officers elected
17    at the organization meeting in November, 2001 shall expire at
18    the  organization  meeting  in April, 2003; provided that the
19    board by resolution may establish a policy for the  terms  of
20    office  to  be  one  year,  and  provide  for the election of
21    officers.
22        Special meetings of the board of education may be  called
23    by  the  president or by any 3 members of the board by giving
24    notice thereof  in  writing,  stating  the  time,  place  and
25    purpose  of the meeting. Such notice may be served by mail 48
26    hours before such meeting or by  personal  service  24  hours
27    before  such  meeting. Public notice of meetings must also be
28    given as prescribed in Sections 2.02 and  2.03  of  the  Open
29    Meetings Act, as now or hereafter amended.
30        At  each regular and special meeting which is open to the
31    public, members of the public and employees of  the  district
32    shall be afforded time, subject to reasonable constraints, to
33    comment to or ask questions of the board.
34        The  president  or district superintendent shall, at each
HB2614 Engrossed            -4-                LRB9009205THcd
 1    regular board  meeting,  report  any  requests  made  of  the
 2    district  under  provisions of The Freedom of Information Act
 3    and shall report the status of the district's response.
 4    (Source: P.A. 90-459, eff. 8-17-97.)
 5        (105 ILCS 5/10-22.31) (from Ch. 122, par. 10-22.31)
 6        Sec. 10-22.31.  Special education.
 7        (a)  To enter into joint  agreements  with  other  school
 8    boards  to  provide the needed special educational facilities
 9    and to employ a director and other  professional  workers  as
10    defined  in  Section  14-1.10  and to establish facilities as
11    defined  in  Section  14-1.08  for  the  types  of   children
12    described  in Sections 14-1.02 through 14-1.07.  The director
13    (who may be employed under a multi-year contract as  provided
14    in  subsection  (c)  of  this Section) and other professional
15    workers may be employed  by  one  district,  which  shall  be
16    reimbursed on a mutually agreed basis by other districts that
17    are  parties  to  the  joint  agreement.  Such agreements may
18    provide that one district may supply professional workers for
19    a  joint  program  conducted  in  another   district.    Such
20    agreement   shall   provide   that   any   full-time   school
21    psychologist who is employed by a joint agreement program and
22    spends  over  50%  of  his or her time in one school district
23    shall not be required to work a different  teaching  schedule
24    than  the  other school psychologists in that district.  Such
25    agreement shall include, but not be  limited  to,  provisions
26    for  administration,  staff,  programs,  financing,  housing,
27    transportation,  an  advisory body, and for the withdrawal of
28    districts from the  joint  agreement.   Except  as  otherwise
29    provided  in  Section 10-22.31.1, the withdrawal of districts
30    from the joint agreement shall be by petition to the regional
31    board of school trustees.  Such agreement may be  amended  at
32    any  time as provided in the joint agreement or, if the joint
33    agreement does not so provide, then  such  agreement  may  be
HB2614 Engrossed            -5-                LRB9009205THcd
 1    amended   at   any  time  upon  the  adoption  of  concurring
 2    resolutions by the school boards of all member districts.   A
 3    fully  executed  copy  of  any  such  agreement  or amendment
 4    entered into on or after January 1, 1989 shall be filed  with
 5    the  State Board of Education.  Such petitions for withdrawal
 6    shall be made to the regional board of school trustees of all
 7    counties  having  jurisdiction  over  one  or  more  of   the
 8    districts in the joint agreement.  Upon receipt of a petition
 9    for withdrawal, the regional boards of school trustees having
10    jurisdiction  over  the  cooperating  districts shall publish
11    notice of and  conduct  a  joint  hearing  on  the  issue  as
12    provided in Section 7-6.  No such petition may be considered,
13    however,  unless in compliance with Section 7-8.  If approved
14    by a 2/3 vote of all trustees of those regional boards, at  a
15    joint  meeting,  the  withdrawal  takes effect as provided in
16    Section 7-9 of this Act.
17        (b)  To either (1) designate an  administrative  district
18    to  act  as fiscal and legal agent for the districts that are
19    parties to the joint agreement, or (2) designate a  governing
20    board  composed  of  one  member  of the school board of each
21    cooperating district and designated by such boards to act  in
22    accordance with the joint agreement.  No such governing board
23    may  levy  taxes  and  no  such governing board may incur any
24    indebtedness except within an annual  budget  for  the  joint
25    agreement  approved  by the governing board and by the boards
26    of at least a majority of the cooperating school districts or
27    a number of districts greater than a majority if required  by
28    the  joint  agreement.   If more than 17 school districts are
29    parties to the joint  agreement,   The  governing  board  may
30    appoint   an  executive  board  of  at  least  7  members  to
31    administer the joint agreement in accordance with its  terms.
32    However,  if  7  or  more  20 school districts, a majority of
33    which are located wholly or partially  in  a  county  with  a
34    population in excess of 3,000,000 inhabitants, are parties to
HB2614 Engrossed            -6-                LRB9009205THcd
 1    a  joint  agreement  that  does  not  have  an administrative
 2    district:  (i) at least a majority of the  members  appointed
 3    by  the  governing  board  to  the  executive  board shall be
 4    members of the school boards of the cooperating districts; or
 5    and (ii) if the governing board wishes to appoint members who
 6    are not school board members, they shall  be  superintendents
 7    from the cooperating districts.
 8        (c)  To  employ  a  director of a joint agreement program
 9    under a multi-year contract.  No such contract can be offered
10    or accepted for less than or more than 3 years, except for  a
11    person  serving  as  a  director of a special education joint
12    agreement for the first time in Illinois.  In  such  a  case,
13    the  initial  contract  shall  be  for a 2 year period.  Such
14    contract may be discontinued at any time by mutual  agreement
15    of  the  contracting  parties,  or  may  be  extended  for an
16    additional 3 years at the end of any year.
17        The contract year is July 1 through  the  following  June
18    30th,  unless  the  contract specifically provides otherwise.
19    Notice of intent not to renew a  contract  when  given  by  a
20    controlling  board  or  administrative  district  must  be in
21    writing stating the  specific  reason  therefor.   Notice  of
22    intent  not  to  renew  the  contract  must  be  given by the
23    controlling  board or the administrative district at least 90
24    days before the contract expires.   Failure  to  do  so  will
25    automatically extend the contract for one additional year.
26        By  accepting  the  terms of the multi-year contract, the
27    director of a special education joint  agreement  waives  all
28    rights  granted  under  Sections  24-11 through 24-16 for the
29    duration of his or her employment as a director of a  special
30    education joint agreement.
31        (d)  To designate a district that is a party to the joint
32    agreement  as  the  issuer of bonds or notes for the purposes
33    and in the manner  provided  in  this  Section.   It  is  not
34    necessary  for  such  district  to also be the administrative
HB2614 Engrossed            -7-                LRB9009205THcd
 1    district for the joint agreement, nor is it necessary for the
 2    same district to be designated as the issuer of all series of
 3    bonds or notes issued hereunder.  Any district so  designated
 4    may,  from time to time, borrow money and, in evidence of its
 5    obligation to repay the borrowing, issue its negotiable bonds
 6    or  notes  for  the  purpose  of   acquiring,   constructing,
 7    altering,  repairing, enlarging and equipping any building or
 8    portion thereof, together with any land or interest  therein,
 9    necessary  to  provide  special  educational  facilities  and
10    services  as defined in Section 14-1.08.  Title in and to any
11    such facilities shall be held in accordance  with  the  joint
12    agreement.
13        Any  such  bonds  or  notes  shall  be  authorized  by  a
14    resolution of the board of education of the issuing district.
15    The  resolution  may  contain such covenants as may be deemed
16    necessary or advisable by the district to assure the  payment
17    of  the  bonds  or  notes.  The resolution shall be effective
18    immediately upon its adoption.
19        Prior to the issuance of such bonds or notes, each school
20    district that is a party to the joint agreement shall  agree,
21    whether  by amendment to the joint agreement or by resolution
22    of the board of education, to be jointly and severally liable
23    for the payment of the bonds and notes.  The bonds  or  notes
24    shall  be  payable  solely  and  only  from the payments made
25    pursuant to such agreement.
26        Neither the bonds or notes nor the obligation to pay  the
27    bonds  or notes under any joint agreement shall constitute an
28    indebtedness of any district, including the issuing district,
29    within  the  meaning  of  any  constitutional  or   statutory
30    limitation.
31        As long as any bonds or notes are outstanding and unpaid,
32    the  agreement by a district to pay the bonds and notes shall
33    be irrevocable notwithstanding the district's withdrawal from
34    membership in the joint special education program.
HB2614 Engrossed            -8-                LRB9009205THcd
 1        (e)  If a district whose employees  are  on  strike  was,
 2    prior  to  the  strike, sending students with disabilities to
 3    special  educational  facilities  and  services  in   another
 4    district  or cooperative, the district affected by the strike
 5    shall continue to send such students during  the  strike  and
 6    shall be eligible to receive appropriate State reimbursement.
 7        (f)  With  respect  to those joint agreements that have a
 8    governing board composed of one member of the school board of
 9    each cooperating district and designated by those  boards  to
10    act  in  accordance  with  the joint agreement, the governing
11    board shall have, in addition to its other powers under  this
12    Section,  the  authority  to  issue  bonds  or  notes for the
13    purposes and in the manner provided in this subsection.   The
14    governing  board of the joint agreement may from time to time
15    borrow money and, in evidence of its obligation to repay  the
16    borrowing,  issue  its  negotiable  bonds  or  notes  for the
17    purpose  of  acquiring,  constructing,  altering,  repairing,
18    enlarging and equipping  any  building  or  portion  thereof,
19    together  with  any  land  or  interest therein, necessary to
20    provide  special  educational  facilities  and  services   as
21    defined  in Section 14-1.08 and including also facilities for
22    activities  of   administration   and   educational   support
23    personnel  employees.   Title  in  and to any such facilities
24    shall be held in accordance with the joint agreement.
25        Any  such  bonds  or  notes  shall  be  authorized  by  a
26    resolution  of  the  governing  board.   The  resolution  may
27    contain  such  covenants  as  may  be  deemed  necessary   or
28    advisable by the governing board to assure the payment of the
29    bonds or notes and interest accruing thereon.  The resolution
30    shall be effective immediately upon its adoption.
31        Each  school  district  that  is  a  party  to  the joint
32    agreement shall be automatically liable,  by  virtue  of  its
33    membership  in  the  joint  agreement,  for its proportionate
34    share of the principal amount of the  bonds  and  notes  plus
HB2614 Engrossed            -9-                LRB9009205THcd
 1    interest  accruing  thereon,  as  provided in the resolution.
 2    Subject  to  the  joint  and  several  liability  hereinafter
 3    provided  for,  the  resolution  may  provide  for  different
 4    payment schedules for different  districts  except  that  the
 5    aggregate  amount  of  scheduled  payments  for each district
 6    shall be equal to its proportionate share of the debt service
 7    in the bonds or  notes  based  upon  the  fraction  that  its
 8    equalized  assessed  valuation  bears  to the total equalized
 9    assessed valuation of all the district members of  the  joint
10    agreement as adjusted in the manner hereinafter provided.  In
11    computing  that  fraction the most recent available equalized
12    assessed valuation at the time of the issuance of  the  bonds
13    and notes shall be used, and the equalized assessed valuation
14    of  any  district maintaining grades K to 12 shall be doubled
15    in both the numerator and denominator of  the  fraction  used
16    for  all  of  the  districts  that  are  members of the joint
17    agreement.  In case of default in payment by any member, each
18    school district that is a party to the joint agreement  shall
19    automatically  be jointly and severally liable for the amount
20    of any deficiency.  The bonds or notes and  interest  thereon
21    shall  be  payable  solely  and  only  from  the  funds  made
22    available  pursuant  to  the  procedures  set  forth  in this
23    subsection.  No project authorized under this subsection  may
24    require  an  annual  contribution  for bond payments from any
25    member district in excess of 0.15% of the  value  of  taxable
26    property  as  equalized  or  assessed  by  the  Department of
27    Revenue in the case of districts maintaining  grades  K-8  or
28    9-12  and 0.30% of the value of taxable property as equalized
29    or assessed by the Department  of  Revenue  in  the  case  of
30    districts maintaining grades K-12.  This limitation on taxing
31    authority   is   expressly  applicable  to  taxing  authority
32    provided under Section 17-9 and other applicable Sections  of
33    this  Act.   Nothing  contained  in  this subsection shall be
34    construed as an exception to  the  property  tax  limitations
HB2614 Engrossed            -10-               LRB9009205THcd
 1    contained  in  Section  17-2,  17-2.2a,  17-5,  or  any other
 2    applicable Section of this Act.
 3        Neither the bonds or notes nor the obligation to pay  the
 4    bonds  or notes under any joint agreement shall constitute an
 5    indebtedness of  any  district  within  the  meaning  of  any
 6    constitutional or statutory limitation.
 7        As long as any bonds or notes are outstanding and unpaid,
 8    the  obligation  of a district to pay its proportionate share
 9    of the principal of and interest on the bonds  and  notes  as
10    required in this Section shall be a general obligation of the
11    district   payable  from  any  and  all  sources  of  revenue
12    designated for that purpose by the board of education of  the
13    district   and   shall  be  irrevocable  notwithstanding  the
14    district's withdrawal from membership in  the  joint  special
15    education program.
16    (Source:  P.A.  89-397,  eff.  8-20-95;  89-613, eff. 8-9-96;
17    89-626, eff.  8-9-96;  90-103,  eff.  7-11-97;  90-515,  eff.
18    8-22-97; revised 11-13-97.)
19        (105 ILCS 5/10-22.32) (from Ch. 122, par. 10-22.32)
20        Sec.  10-22.32.   To  authorize the advancement to school
21    board members the anticipated actual and  necessary  expenses
22    incurred in attending the following meetings:
23        1.  Meetings sponsored by the State Board of Education or
24    by the regional superintendents of schools,
25        2.   County  or  regional meetings and the annual meeting
26    sponsored by any school board association complying with  the
27    provisions of Article 23 of this Act, and
28        3.   Meetings sponsored by a national organization in the
29    field of public school education.
30        The school  board  may  advance  to  teachers  and  other
31    certified  employees  the   anticipated  actual and necessary
32    expenses incurred in attending meetings which are related  to
33    that   employee's   duties   and   will   contribute  to  the
HB2614 Engrossed            -11-               LRB9009205THcd
 1    professional development of that employee.
 2        Such advanced actual and  necessary  expenses  are  those
 3    reasonably  anticipated to be incurred on  the days necessary
 4    for travel to and from and for attendance at such meetings.
 5        After a meeting for which money was advanced to a  school
 6    board  member  or  teacher  or  other  certified employee for
 7    actual and necessary expenses, such member or employee  shall
 8    submit  an  itemized  verified  expense  voucher  showing the
 9    amount of his actual expenses.  Receipts  shall  be  attached
10    where  possible.  If the actual and necessary expenses exceed
11    the  amount  advanced,  the  member  or  employee  shall   be
12    reimbursed  for  the  amount  not advanced. If the actual and
13    necessary expenses are less than  the  amount  advanced,  the
14    member or employee shall refund the excess amount.
15        For  purposes  of  this Section only, a person elected at
16    the consolidated election held in April of 1999 or  April  of
17    2001  to serve as a school board member for a term commencing
18    upon the termination of his  or  her  predecessor's  term  of
19    office  shall  be deemed to be a school board member for whom
20    moneys of the school district may be  advanced  and  expended
21    under  this  Section in order to provide, or to arrange for a
22    school board association that complies  with  Article  23  to
23    provide, to that person, after he or she has been elected and
24    before  his  or  her  term of office as a school board member
25    commences,  training  in  matters  relating  to  the  powers,
26    duties, and responsibilities of school board membership.
27        Notwithstanding any  other  provisions  of  this  Section
28    10-22.32,  no money for expenses shall be  advanced nor shall
29    any member  or  employee  be  reimbursed,  for  any  expenses
30    incurred  on  behalf of any person other than such member, or
31    employee, or person deemed to be a school  board  member  for
32    purposes of this Section.
33    (Source: P.A. 85-389.)
HB2614 Engrossed            -12-               LRB9009205THcd
 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.

[ Top ]