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90_SB1561sam001
LRB9011314NTsbam01
1 AMENDMENT TO SENATE BILL 1561
2 AMENDMENT NO. . Amend Senate Bill 1561 as follows:
3 on page 1, by replacing lines 1 and 2 with the following:
4 "AN ACT concerning education, amending named Acts."; and
5 on page 1, line 6, by replacing "Section" with "Sections
6 9-12.1, 10-5, 10-16, 10-22.31, 10-22.32, and"; and
7 on page 1, below line 6, by inserting the following:
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
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1 adjustments should be made to each ballot in Section 9-12. In
2 the case of any unexpired term each ballot format must
3 indicate whether it is a 4-year or a 2-year unexpired term.
4 (Source: P.A. 84-1338.)
5 (105 ILCS 5/10-5) (from Ch. 122, par. 10-5)
6 Sec. 10-5. Organization of board - Report to treasurer
7 and regional superintendent of schools. Within 7 days after
8 the regular election of directors, the directors shall meet
9 and organize by appointing one of their number president and
10 another as clerk, except that when directors are elected at
11 the consolidated elections in April of 1999 and April of
12 2001, the directors shall meet and organize, in the manner
13 provided by this Section, within 7 days after the first
14 Tuesday after the first Monday of November in each of those 2
15 years. The clerk shall at once report to the treasurer and
16 regional superintendent of schools the names of the president
17 and clerk so appointed. Upon organizing itself as provided
18 in this Section, the board of school directors shall enter
19 upon the discharge of its duties. Terms of members are
20 subject to Section 2A-54 of the Election Code.
21 (Source: P.A. 90-358, eff. 1-1-98.)
22 (105 ILCS 5/10-16) (from Ch. 122, par. 10-16)
23 Sec. 10-16. Organization of Board. Within 7 days after
24 the consolidated election, other than the consolidated
25 elections in 1999 and 2001, the board shall organize by
26 electing its officers and fixing a time and place for the
27 regular meetings. However, when school board members are
28 elected at the consolidated elections held in April of 1999
29 and April of 2001, the board shall organize within 7 days
30 after the first Tuesday after the first Monday of November in
31 each such year by electing officers and setting the time and
32 place of the regular meetings. Upon organizing itself as
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1 provided in this paragraph, the board It shall then enter
2 upon the discharge of its duties.
3 The regional superintendent of schools having supervision
4 and control, over the district as provided in Section 3-14.2,
5 of a new school district that is governed by the School Code
6 and formed on or after the effective date of this amendatory
7 Act of 1998 this Act shall convene the newly elected board
8 within 7 days after the election of the board of education of
9 that any new district governed by this Act, whereupon the
10 board shall proceed to organize by electing one 1 of their
11 number as president and electing a secretary, who may or may
12 not be a member. At such meeting the length of term of each
13 of the members shall be determined by lot so that 4 shall
14 serve for 4 years, and 3 for 2 years from the commencement of
15 their terms; provided, however, if such members were not
16 elected at the consolidated nonpartisan election in an
17 odd-numbered year, such initial terms shall be extended to
18 the consolidated nonpartisan election for school board
19 members immediately following the expiration of the initial 4
20 or 2 year terms. The provisions of this paragraph that relate
21 to the determination of terms by lot shall not apply to the
22 initial members of the board of education of a combined
23 school district who are to be elected to unstaggered terms as
24 provided in subsection (a-5) of Section 11B-7.
25 The terms of the officers of a board of education shall
26 be for 2 years, except that the terms of the officers elected
27 at the organization meeting in November, 2001 shall expire at
28 the organization meeting in April, 2003; provided that the
29 board by resolution may establish a policy for the terms of
30 office to be one year, and provide for the election of
31 officers.
32 Special meetings of the board of education may be called
33 by the president or by any 3 members of the board by giving
34 notice thereof in writing, stating the time, place and
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1 purpose of the meeting. Such notice may be served by mail 48
2 hours before such meeting or by personal service 24 hours
3 before such meeting. Public notice of meetings must also be
4 given as prescribed in Sections 2.02 and 2.03 of the Open
5 Meetings Act, as now or hereafter amended.
6 At each regular and special meeting which is open to the
7 public, members of the public and employees of the district
8 shall be afforded time, subject to reasonable constraints, to
9 comment to or ask questions of the board.
10 The president or district superintendent shall, at each
11 regular board meeting, report any requests made of the
12 district under provisions of The Freedom of Information Act
13 and shall report the status of the district's response.
14 (Source: P.A. 90-459, eff. 8-17-97.)
15 (105 ILCS 5/10-22.31) (from Ch. 122, par. 10-22.31)
16 Sec. 10-22.31. Special education.
17 (a) To enter into joint agreements with other school
18 boards to provide the needed special educational facilities
19 and to employ a director and other professional workers as
20 defined in Section 14-1.10 and to establish facilities as
21 defined in Section 14-1.08 for the types of children
22 described in Sections 14-1.02 through 14-1.07. The director
23 (who may be employed under a multi-year contract as provided
24 in subsection (c) of this Section) and other professional
25 workers may be employed by one district, which shall be
26 reimbursed on a mutually agreed basis by other districts that
27 are parties to the joint agreement. Such agreements may
28 provide that one district may supply professional workers for
29 a joint program conducted in another district. Such
30 agreement shall provide that any full-time school
31 psychologist who is employed by a joint agreement program and
32 spends over 50% of his or her time in one school district
33 shall not be required to work a different teaching schedule
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1 than the other school psychologists in that district. Such
2 agreement shall include, but not be limited to, provisions
3 for administration, staff, programs, financing, housing,
4 transportation, an advisory body, and for the withdrawal of
5 districts from the joint agreement. Except as otherwise
6 provided in Section 10-22.31.1, the withdrawal of districts
7 from the joint agreement shall be by petition to the regional
8 board of school trustees. Such agreement may be amended at
9 any time as provided in the joint agreement or, if the joint
10 agreement does not so provide, then such agreement may be
11 amended at any time upon the adoption of concurring
12 resolutions by the school boards of all member districts. A
13 fully executed copy of any such agreement or amendment
14 entered into on or after January 1, 1989 shall be filed with
15 the State Board of Education. Such petitions for withdrawal
16 shall be made to the regional board of school trustees of all
17 counties having jurisdiction over one or more of the
18 districts in the joint agreement. Upon receipt of a petition
19 for withdrawal, the regional boards of school trustees having
20 jurisdiction over the cooperating districts shall publish
21 notice of and conduct a joint hearing on the issue as
22 provided in Section 7-6. No such petition may be considered,
23 however, unless in compliance with Section 7-8. If approved
24 by a 2/3 vote of all trustees of those regional boards, at a
25 joint meeting, the withdrawal takes effect as provided in
26 Section 7-9 of this Act.
27 (b) To either (1) designate an administrative district
28 to act as fiscal and legal agent for the districts that are
29 parties to the joint agreement, or (2) designate a governing
30 board composed of one member of the school board of each
31 cooperating district and designated by such boards to act in
32 accordance with the joint agreement. No such governing board
33 may levy taxes and no such governing board may incur any
34 indebtedness except within an annual budget for the joint
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1 agreement approved by the governing board and by the boards
2 of at least a majority of the cooperating school districts or
3 a number of districts greater than a majority if required by
4 the joint agreement. If more than 17 school districts are
5 parties to the joint agreement, The governing board may
6 appoint an executive board of at least 7 members to
7 administer the joint agreement in accordance with its terms.
8 However, if 7 or more 20 school districts, a majority of
9 which are located wholly or partially in a county with a
10 population in excess of 3,000,000 inhabitants, are parties to
11 a joint agreement that does not have an administrative
12 district: (i) at least a majority of the members appointed
13 by the governing board to the executive board shall be
14 members of the school boards of the cooperating districts; or
15 and (ii) if the governing board wishes to appoint members who
16 are not school board members, they shall be superintendents
17 from the cooperating districts.
18 (c) To employ a director of a joint agreement program
19 under a multi-year contract. No such contract can be offered
20 or accepted for less than or more than 3 years, except for a
21 person serving as a director of a special education joint
22 agreement for the first time in Illinois. In such a case,
23 the initial contract shall be for a 2 year period. Such
24 contract may be discontinued at any time by mutual agreement
25 of the contracting parties, or may be extended for an
26 additional 3 years at the end of any year.
27 The contract year is July 1 through the following June
28 30th, unless the contract specifically provides otherwise.
29 Notice of intent not to renew a contract when given by a
30 controlling board or administrative district must be in
31 writing stating the specific reason therefor. Notice of
32 intent not to renew the contract must be given by the
33 controlling board or the administrative district at least 90
34 days before the contract expires. Failure to do so will
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1 automatically extend the contract for one additional year.
2 By accepting the terms of the multi-year contract, the
3 director of a special education joint agreement waives all
4 rights granted under Sections 24-11 through 24-16 for the
5 duration of his or her employment as a director of a special
6 education joint agreement.
7 (d) To designate a district that is a party to the joint
8 agreement as the issuer of bonds or notes for the purposes
9 and in the manner provided in this Section. It is not
10 necessary for such district to also be the administrative
11 district for the joint agreement, nor is it necessary for the
12 same district to be designated as the issuer of all series of
13 bonds or notes issued hereunder. Any district so designated
14 may, from time to time, borrow money and, in evidence of its
15 obligation to repay the borrowing, issue its negotiable bonds
16 or notes for the purpose of acquiring, constructing,
17 altering, repairing, enlarging and equipping any building or
18 portion thereof, together with any land or interest therein,
19 necessary to provide special educational facilities and
20 services as defined in Section 14-1.08. Title in and to any
21 such facilities shall be held in accordance with the joint
22 agreement.
23 Any such bonds or notes shall be authorized by a
24 resolution of the board of education of the issuing district.
25 The resolution may contain such covenants as may be deemed
26 necessary or advisable by the district to assure the payment
27 of the bonds or notes. The resolution shall be effective
28 immediately upon its adoption.
29 Prior to the issuance of such bonds or notes, each school
30 district that is a party to the joint agreement shall agree,
31 whether by amendment to the joint agreement or by resolution
32 of the board of education, to be jointly and severally liable
33 for the payment of the bonds and notes. The bonds or notes
34 shall be payable solely and only from the payments made
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1 pursuant to such agreement.
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, including the issuing district,
5 within the meaning of any constitutional or statutory
6 limitation.
7 As long as any bonds or notes are outstanding and unpaid,
8 the agreement by a district to pay the bonds and notes shall
9 be irrevocable notwithstanding the district's withdrawal from
10 membership in the joint special education program.
11 (e) If a district whose employees are on strike was,
12 prior to the strike, sending students with disabilities to
13 special educational facilities and services in another
14 district or cooperative, the district affected by the strike
15 shall continue to send such students during the strike and
16 shall be eligible to receive appropriate State reimbursement.
17 (f) With respect to those joint agreements that have a
18 governing board composed of one member of the school board of
19 each cooperating district and designated by those boards to
20 act in accordance with the joint agreement, the governing
21 board shall have, in addition to its other powers under this
22 Section, the authority to issue bonds or notes for the
23 purposes and in the manner provided in this subsection. The
24 governing board of the joint agreement may from time to time
25 borrow money and, in evidence of its obligation to repay the
26 borrowing, issue its negotiable bonds or notes for the
27 purpose of acquiring, constructing, altering, repairing,
28 enlarging and equipping any building or portion thereof,
29 together with any land or interest therein, necessary to
30 provide special educational facilities and services as
31 defined in Section 14-1.08 and including also facilities for
32 activities of administration and educational support
33 personnel employees. Title in and to any such facilities
34 shall be held in accordance with the joint agreement.
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1 Any such bonds or notes shall be authorized by a
2 resolution of the governing board. The resolution may
3 contain such covenants as may be deemed necessary or
4 advisable by the governing board to assure the payment of the
5 bonds or notes and interest accruing thereon. The resolution
6 shall be effective immediately upon its adoption.
7 Each school district that is a party to the joint
8 agreement shall be automatically liable, by virtue of its
9 membership in the joint agreement, for its proportionate
10 share of the principal amount of the bonds and notes plus
11 interest accruing thereon, as provided in the resolution.
12 Subject to the joint and several liability hereinafter
13 provided for, the resolution may provide for different
14 payment schedules for different districts except that the
15 aggregate amount of scheduled payments for each district
16 shall be equal to its proportionate share of the debt service
17 in the bonds or notes based upon the fraction that its
18 equalized assessed valuation bears to the total equalized
19 assessed valuation of all the district members of the joint
20 agreement as adjusted in the manner hereinafter provided. In
21 computing that fraction the most recent available equalized
22 assessed valuation at the time of the issuance of the bonds
23 and notes shall be used, and the equalized assessed valuation
24 of any district maintaining grades K to 12 shall be doubled
25 in both the numerator and denominator of the fraction used
26 for all of the districts that are members of the joint
27 agreement. In case of default in payment by any member, each
28 school district that is a party to the joint agreement shall
29 automatically be jointly and severally liable for the amount
30 of any deficiency. The bonds or notes and interest thereon
31 shall be payable solely and only from the funds made
32 available pursuant to the procedures set forth in this
33 subsection. No project authorized under this subsection may
34 require an annual contribution for bond payments from any
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1 member district in excess of 0.15% of the value of taxable
2 property as equalized or assessed by the Department of
3 Revenue in the case of districts maintaining grades K-8 or
4 9-12 and 0.30% of the value of taxable property as equalized
5 or assessed by the Department of Revenue in the case of
6 districts maintaining grades K-12. This limitation on taxing
7 authority is expressly applicable to taxing authority
8 provided under Section 17-9 and other applicable Sections of
9 this Act. Nothing contained in this subsection shall be
10 construed as an exception to the property tax limitations
11 contained in Section 17-2, 17-2.2a, 17-5, or any other
12 applicable Section of this Act.
13 Neither the bonds or notes nor the obligation to pay the
14 bonds or notes under any joint agreement shall constitute an
15 indebtedness of any district within the meaning of any
16 constitutional or statutory limitation.
17 As long as any bonds or notes are outstanding and unpaid,
18 the obligation of a district to pay its proportionate share
19 of the principal of and interest on the bonds and notes as
20 required in this Section shall be a general obligation of the
21 district payable from any and all sources of revenue
22 designated for that purpose by the board of education of the
23 district and shall be irrevocable notwithstanding the
24 district's withdrawal from membership in the joint special
25 education program.
26 (Source: P.A. 89-397, eff. 8-20-95; 89-613, eff. 8-9-96;
27 89-626, eff. 8-9-96; 90-103, eff. 7-11-97; 90-515, eff.
28 8-22-97; revised 11-13-97.)
29 (105 ILCS 5/10-22.32) (from Ch. 122, par. 10-22.32)
30 Sec. 10-22.32. To authorize the advancement to school
31 board members the anticipated actual and necessary expenses
32 incurred in attending the following meetings:
33 1. Meetings sponsored by the State Board of Education or
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1 by the regional superintendents of schools,
2 2. County or regional meetings and the annual meeting
3 sponsored by any school board association complying with the
4 provisions of Article 23 of this Act, and
5 3. Meetings sponsored by a national organization in the
6 field of public school education.
7 The school board may advance to teachers and other
8 certified employees the anticipated actual and necessary
9 expenses incurred in attending meetings which are related to
10 that employee's duties and will contribute to the
11 professional development of that employee.
12 Such advanced actual and necessary expenses are those
13 reasonably anticipated to be incurred on the days necessary
14 for travel to and from and for attendance at such meetings.
15 After a meeting for which money was advanced to a school
16 board member or teacher or other certified employee for
17 actual and necessary expenses, such member or employee shall
18 submit an itemized verified expense voucher showing the
19 amount of his actual expenses. Receipts shall be attached
20 where possible. If the actual and necessary expenses exceed
21 the amount advanced, the member or employee shall be
22 reimbursed for the amount not advanced. If the actual and
23 necessary expenses are less than the amount advanced, the
24 member or employee shall refund the excess amount.
25 For purposes of this Section only, a person elected at
26 the consolidated election held in April of 1999 or April of
27 2001 to serve as a school board member for a term commencing
28 upon the termination of his or her predecessor's term of
29 office shall be deemed to be a school board member for whom
30 moneys of the school district may be advanced and expended
31 under this Section in order to provide, or to arrange for a
32 school board association that complies with Article 23 to
33 provide, to that person, after he or she has been elected and
34 before his or her term of office as a school board member
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1 commences, training in matters relating to the powers,
2 duties, and responsibilities of school board membership.
3 Notwithstanding any other provisions of this Section
4 10-22.32, no money for expenses shall be advanced nor shall
5 any member or employee be reimbursed, for any expenses
6 incurred on behalf of any person other than such member, or
7 employee, or person deemed to be a school board member for
8 purposes of this Section.
9 (Source: P.A. 85-389.)"; and
10 on page 5, below line 12, by inserting the following:
11 "Section 10. The Illinois Educational Labor Relations
12 Act is amended by changing Section 8 as follows:
13 (115 ILCS 5/8) (from Ch. 48, par. 1708)
14 Sec. 8. Election - certification. Elections shall be by
15 secret ballot, and conducted in accordance with rules and
16 regulations established by the Illinois Educational Labor
17 Relations Board. An incumbent exclusive bargaining
18 representative shall automatically be placed on any ballot
19 with the petitioner's labor organization. An intervening
20 labor organization may be placed on the ballot when supported
21 by 15% or more of the employees in the bargaining unit. The
22 Board shall give at least 30 days notice of the time and
23 place of the election to the parties and, upon request, shall
24 provide the parties with a list of names and addresses of
25 persons eligible to vote in the election at least 15 days
26 before the election. The ballot must include, as one of the
27 alternatives, the choice of "no representative". No mail
28 ballots are permitted except where a specific individual
29 would otherwise be unable to cast a ballot.
30 The labor organization receiving a majority of the
31 ballots cast shall be certified by the Board as the exclusive
32 bargaining representative. If the choice of "no
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1 representative" receives a majority, the employer shall not
2 recognize any exclusive bargaining representative for at
3 least 12 months. If none of the choices on the ballot
4 receives a majority, a run-off shall be conducted between the
5 2 choices receiving the largest number of valid votes cast in
6 the election. The Board shall certify the results of the
7 election within 6 5 working days after the final tally of
8 votes unless a charge is filed by a party alleging that
9 improper conduct occurred which affected the outcome of the
10 election. The Board shall promptly investigate the
11 allegations, and if it finds probable cause that improper
12 conduct occurred and could have affected the outcome of the
13 election, it shall set a hearing on the matter on a date
14 falling within 2 weeks of when it received the charge. If it
15 determines, after hearing, that the outcome of the election
16 was affected by improper conduct, it shall order a new
17 election and shall order corrective action which it considers
18 necessary to insure the fairness of the new election.
19 If it determines upon investigation or after hearing that the
20 alleged improper conduct did not take place or that it did
21 not affect the results of the election, it shall immediately
22 certify the election results.
23 Any labor organization that is the exclusive bargaining
24 representative in an appropriate unit on the effective date
25 of this Act shall continue as such until a new one is
26 selected under this Act.
27 (Source: P.A. 83-1014.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.".