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90_SB0567
105 ILCS 5/10-22.31 from Ch. 122, par. 10-22.31
Amends the School Code. Limits to those joint agreements
which do not have an administrative district and which are
composed of 20 or more cooperating districts, a majority of
which are located in Cook County, the requirements that (i) a
majority of the executive board members be members of
cooperating district school boards and (ii) executive board
members who are not school board members be superintendents
from cooperating districts. Effective immediately.
LRB9002558THcd
LRB9002558THcd
1 AN ACT to amend the School Code by changing Section
2 10-22.31.
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 Section 10-22.31 as follows:
7 (105 ILCS 5/10-22.31) (from Ch. 122, par. 10-22.31)
8 Sec. 10-22.31. Special education.
9 (a) To enter into joint agreements with other school
10 boards to provide the needed special educational facilities
11 and to employ a director and other professional workers as
12 defined in Section 14-1.10 and to establish facilities as
13 defined in Section 14-1.08 for the types of children
14 described in Sections 14-1.02 through 14-1.07. The director
15 (who may be employed under a multi-year contract as provided
16 in subsection (c) of this Section) and other professional
17 workers may be employed by one district, which shall be
18 reimbursed on a mutually agreed basis by other districts that
19 are parties to the joint agreement. Such agreements may
20 provide that one district may supply professional workers for
21 a joint program conducted in another district. Such
22 agreement shall provide that any full-time school
23 psychologist who is employed by a joint agreement program and
24 spends over 50% of his or her time in one school district
25 shall not be required to work a different teaching schedule
26 than the other school psychologists in that district. Such
27 agreement shall include, but not be limited to, provisions
28 for administration, staff, programs, financing, housing,
29 transportation and an advisory body and shall provide for the
30 withdrawal of districts from the joint agreement by petition
31 to the regional board of school trustees. Such agreement may
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1 be amended at any time as provided in the joint agreement or,
2 if the joint agreement does not so provide, then such
3 agreement may be amended at any time upon the adoption of
4 concurring resolutions by the school boards of all member
5 districts. A fully executed copy of any such agreement or
6 amendment entered into on or after January 1, 1989 shall be
7 filed with the State Board of Education. Such petitions for
8 withdrawal shall be made to the regional board of school
9 trustees of all counties having jurisdiction over one or more
10 of the districts in the joint agreement. Upon receipt of a
11 petition for withdrawal, the regional boards of school
12 trustees having jurisdiction over the cooperating districts
13 shall publish notice of and conduct a joint hearing on the
14 issue as provided in Section 7-6. No such petition may be
15 considered, however, unless in compliance with Section 7-8.
16 If approved by a 2/3 vote of all trustees of those regional
17 boards, at a joint meeting, the withdrawal takes effect as
18 provided in Section 7-9 of this Act.
19 (b) To either (1) designate an administrative district
20 to act as fiscal and legal agent for the districts that are
21 parties to the joint agreement, or (2) designate a governing
22 board composed of one member of the school board of each
23 cooperating district and designated by such boards to act in
24 accordance with the joint agreement. No such governing board
25 may levy taxes and no such governing board may incur any
26 indebtedness except within an annual budget for the joint
27 agreement approved by the governing board and by the boards
28 of at least a majority of the cooperating school districts or
29 a number of districts greater than a majority if required by
30 the joint agreement. If more than 17 school districts are
31 parties to the joint agreement, the governing board may
32 appoint an executive board of at least 7 members to
33 administer the joint agreement in accordance with its terms.
34 However, if 20 or more school districts, a majority of which
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1 are located wholly or partially in a county with a population
2 in excess of 3,000,000 inhabitants, are parties to the joint
3 agreement which does not have an administrative district: (i)
4 at least a majority of the members appointed by the governing
5 board to the executive board shall be members of the school
6 boards of the cooperating districts; and (ii). if the
7 governing board wishes to appoint members who are not school
8 board members, they shall be superintendents from the
9 cooperating districts.
10 (c) To employ a director of a joint agreement program
11 under a multi-year contract. No such contract can be offered
12 or accepted for less than or more than 3 years, except for a
13 person serving as a director of a special education joint
14 agreement for the first time in Illinois. In such a case,
15 the initial contract shall be for a 2 year period. Such
16 contract may be discontinued at any time by mutual agreement
17 of the contracting parties, or may be extended for an
18 additional 3 years at the end of any year.
19 The contract year is July 1 through the following June
20 30th, unless the contract specifically provides otherwise.
21 Notice of intent not to renew a contract when given by a
22 controlling board or administrative district must be in
23 writing stating the specific reason therefor. Notice of
24 intent not to renew the contract must be given by the
25 controlling board or the administrative district at least 90
26 days before the contract expires. Failure to do so will
27 automatically extend the contract for one additional year.
28 By accepting the terms of the multi-year contract, the
29 director of a special education joint agreement waives all
30 rights granted under Sections 24-11 through 24-16 for the
31 duration of his or her employment as a director of a special
32 education joint agreement.
33 (d) To designate a district that is a party to the joint
34 agreement as the issuer of bonds or notes for the purposes
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1 and in the manner provided in this Section. It is not
2 necessary for such district to also be the administrative
3 district for the joint agreement, nor is it necessary for the
4 same district to be designated as the issuer of all series of
5 bonds or notes issued hereunder. Any district so designated
6 may, from time to time, borrow money and, in evidence of its
7 obligation to repay the borrowing, issue its negotiable bonds
8 or notes for the purpose of acquiring, constructing,
9 altering, repairing, enlarging and equipping any building or
10 portion thereof, together with any land or interest therein,
11 necessary to provide special educational facilities and
12 services as defined in Section 14-1.08. Title in and to any
13 such facilities shall be held in accordance with the joint
14 agreement.
15 Any such bonds or notes shall be authorized by a
16 resolution of the board of education of the issuing district.
17 The resolution may contain such covenants as may be deemed
18 necessary or advisable by the district to assure the payment
19 of the bonds or notes. The resolution shall be effective
20 immediately upon its adoption.
21 Prior to the issuance of such bonds or notes, each school
22 district that is a party to the joint agreement shall agree,
23 whether by amendment to the joint agreement or by resolution
24 of the board of education, to be jointly and severally liable
25 for the payment of the bonds and notes. The bonds or notes
26 shall be payable solely and only from the payments made
27 pursuant to such agreement.
28 Neither the bonds or notes nor the obligation to pay the
29 bonds or notes under any joint agreement shall constitute an
30 indebtedness of any district, including the issuing district,
31 within the meaning of any constitutional or statutory
32 limitation.
33 As long as any bonds or notes are outstanding and unpaid,
34 the agreement by a district to pay the bonds and notes shall
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1 be irrevocable notwithstanding the district's withdrawal from
2 membership in the joint special education program.
3 (e) If a district whose employees are on strike was,
4 prior to the strike, sending students with disabilities to
5 special educational facilities and services in another
6 district or cooperative, the district affected by the strike
7 shall continue to send such students during the strike and
8 shall be eligible to receive appropriate State reimbursement.
9 (f) With respect to those joint agreements that have a
10 governing board composed of one member of the school board of
11 each cooperating district and designated by those boards to
12 act in accordance with the joint agreement, the governing
13 board shall have, in addition to its other powers under this
14 Section, the authority to issue bonds or notes for the
15 purposes and in the manner provided in this subsection. The
16 governing board of the joint agreement may from time to time
17 borrow money and, in evidence of its obligation to repay the
18 borrowing, issue its negotiable bonds or notes for the
19 purpose of acquiring, constructing, altering, repairing,
20 enlarging and equipping any building or portion thereof,
21 together with any land or interest therein, necessary to
22 provide special educational facilities and services as
23 defined in Section 14-1.08 and including also facilities for
24 activities of administration and educational support
25 personnel employees. Title in and to any such facilities
26 shall be held in accordance with the joint agreement.
27 Any such bonds or notes shall be authorized by a
28 resolution of the governing board. The resolution may
29 contain such covenants as may be deemed necessary or
30 advisable by the governing board to assure the payment of the
31 bonds or notes and interest accruing thereon. The resolution
32 shall be effective immediately upon its adoption.
33 Each school district that is a party to the joint
34 agreement shall be automatically liable, by virtue of its
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1 membership in the joint agreement, for its proportionate
2 share of the principal amount of the bonds and notes plus
3 interest accruing thereon, as provided in the resolution.
4 Subject to the joint and several liability hereinafter
5 provided for, the resolution may provide for different
6 payment schedules for different districts except that the
7 aggregate amount of scheduled payments for each district
8 shall be equal to its proportionate share of the debt service
9 in the bonds or notes based upon the fraction that its
10 equalized assessed valuation bears to the total equalized
11 assessed valuation of all the district members of the joint
12 agreement as adjusted in the manner hereinafter provided. In
13 computing that fraction the most recent available equalized
14 assessed valuation at the time of the issuance of the bonds
15 and notes shall be used, and the equalized assessed valuation
16 of any district maintaining grades K to 12 shall be doubled
17 in both the numerator and denominator of the fraction used
18 for all of the districts that are members of the joint
19 agreement. In case of default in payment by any member, each
20 school district that is a party to the joint agreement shall
21 automatically be jointly and severally liable for the amount
22 of any deficiency. The bonds or notes and interest thereon
23 shall be payable solely and only from the funds made
24 available pursuant to the procedures set forth in this
25 subsection. No project authorized under this subsection may
26 require an annual contribution for bond payments from any
27 member district in excess of 0.15% of the value of taxable
28 property as equalized or assessed by the Department of
29 Revenue in the case of districts maintaining grades K-8 or
30 9-12 and 0.30% of the value of taxable property as equalized
31 or assessed by the Department of Revenue in the case of
32 districts maintaining grades K-12. This limitation on taxing
33 authority is expressly applicable to taxing authority
34 provided under Section 17-9 and other applicable Sections of
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1 this Act. Nothing contained in this subsection shall be
2 construed as an exception to the property tax limitations
3 contained in Section 17-2, 17-2.2a, 17-5, or any other
4 applicable Section of this Act.
5 Neither the bonds or notes nor the obligation to pay the
6 bonds or notes under any joint agreement shall constitute an
7 indebtedness of any district within the meaning of any
8 constitutional or statutory limitation.
9 As long as any bonds or notes are outstanding and unpaid,
10 the obligation of a district to pay its proportionate share
11 of the principal of and interest on the bonds and notes as
12 required in this Section shall be a general obligation of the
13 district payable from any and all sources of revenue
14 designated for that purpose by the board of education of the
15 district and shall be irrevocable notwithstanding the
16 district's withdrawal from membership in the joint special
17 education program.
18 (Source: P.A. 88-125; 88-686, eff. 1-24-95; 89-397, eff.
19 8-20-95; 89-613, eff. 8-9-96; 89-626, eff. 8-9-96.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.