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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 3. The Local Government Property Transfer Act is |
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| amended by changing Section 1 as follows:
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| (50 ILCS 605/1) (from Ch. 30, par. 156)
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| Sec. 1. When used in this Act:
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| (a) The term "transferor municipality" shall mean a |
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| municipal
corporation transferring real estate or any interest |
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| therein, under the
provisions of this Act.
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| (b) The term "transferee municipality" shall mean a |
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| municipal
corporation or 2 or more school districts operating a |
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| cooperative or joint educational program pursuant to Section |
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| 10-22.31 of the School Code receiving a transfer of real estate |
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| or any interest therein
under provisions of this Act.
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| (c) The term "municipality" whether used by itself or in |
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| conjunction
with other words, as in (a) or (b) above, shall |
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| mean and include any
municipal corporation or political |
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| subdivision organized and existing
under the laws of the State |
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| of Illinois and including, but without
limitation, any city, |
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| village, or incorporated town, whether organized
under a |
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| special charter or under the General Act, or whether operating
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| under the commission or managerial form of government, county, |
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| school
districts, trustees of schools, boards of education, 2 |
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| or more school districts operating a cooperative or joint |
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| educational program pursuant to Section 10-22.31 of the School |
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| Code, sanitary district or
sanitary district
trustees, forest |
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| preserve district or forest preserve district
commissioner, |
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| park district or park commissioners, airport authority and
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| township.
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| (d) The term "restriction" shall mean any condition, |
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| limitation,
qualification, reversion, possibility of |
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| reversion, covenant, agreement
or restraint of whatever kind or |
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| nature, the effect of which is to
restrict the use or ownership |
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| of real estate by a municipality as
defined in (c) above.
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| (e) The term "corporate authorities" shall mean the members |
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| of the
legislative body of any municipality as defined in (c) |
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| above.
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| (f) The term "held" or any form thereof, when used in |
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| reference to
the interest of a municipality in real estate |
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| shall be taken and
construed to refer to and include all of the |
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| right, title and interest
of such municipality of whatever kind |
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| or nature, in and to such real
estate.
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| (g) Each of the terms above defined and the terms contained |
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| in the
definition of each of said terms shall be taken and |
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| construed to include
the plural form thereof.
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| (h) The term "Local Improvement Act" shall mean an Act of |
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| the
General Assembly of the State of Illinois entitled "An Act |
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| concerning
local improvements," approved June 14, 1897, and the |
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| amendments thereto.
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| (i) The term "State of Illinois" shall mean the State of |
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| Illinois or
any department, commission, board or other agency |
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| of the State.
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| (Source: P.A. 82-783.)
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| Section 5. The School Code is amended by changing Sections |
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| 2-3.117a and 10-22.31 as follows:
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| (105 ILCS 5/2-3.117a)
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| Sec. 2-3.117a. School Technology Revolving Loan Program.
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| (a) The State
Board of Education is authorized to |
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| administer a School Technology Revolving
Loan Program from |
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| funds appropriated from the School Technology Revolving Loan
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| Fund for the purpose of making the financing of school |
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| technology hardware
improvements affordable
and making the |
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| integration of technology in the classroom possible. School
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| technology loans shall be made available to
public school |
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| districts, charter schools, area vocational centers, and
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| laboratory schools , and State-recognized, non-public schools |
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| to purchase technology hardware for eligible grade
levels on a |
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| 2-year rotating basis: grades 9 through 12 in fiscal year 2004
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| and each second year thereafter and grades K through 8 in |
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| fiscal year
2005 and each second year thereafter. However, |
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| priority shall be given to public school districts, charter |
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| schools, area vocational centers, and laboratory schools that |
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| apply prior to October 1 of each year.
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| The State Board of Education shall determine the interest |
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| rate the loans
shall bear which shall not be greater than 50% |
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| of the rate for the most recent
date shown in the 20 G.O. Bonds |
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| Index of average municipal bond yields as
published in the most |
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| recent edition of The Bond
Buyer, published in New York, New |
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| York. The repayment period for School
Technology Revolving |
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| Loans shall not exceed 3 years. Participants shall use at least |
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| 90% of the loan proceeds for technology
hardware
investments |
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| for
students and staff (including computer hardware, |
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| technology networks,
related
wiring, and other items as defined |
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| in rules adopted by the State Board of
Education) and up to 10% |
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| of the loan proceeds for computer furniture. No
participant |
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| whose equalized assessed valuation per pupil in
average daily |
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| attendance is at the 99th percentile and above for all |
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| districts
of the same type shall be eligible to receive a |
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| School Technology Revolving
Loan under the provisions of this |
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| Section for that year.
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| The State Board of Education shall have the authority to |
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| adopt all rules
necessary for the implementation and |
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| administration of the School Technology
Revolving Loan |
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| Program, including, but not limited to, rules defining
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| application procedures, prescribing a maximum amount per pupil |
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| that may be
requested annually by districts , requiring |
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| appropriate local commitments for
technology investments, |
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| prescribing a mechanism for disbursing
loan funds in the event |
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| requests exceed available funds, specifying
collateral, and |
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| prescribing
actions necessary to protect the State's
interest |
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| in the event of default, foreclosure, or noncompliance with the |
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| terms
and conditions of the loans , and prescribing a mechanism |
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| for reclaiming any items or equipment purchased with the loan |
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| funds in the case of the closure of a non-public school .
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| (b) There is created in the State treasury the School |
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| Technology Revolving
Loan Fund. The State Board shall have the |
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| authority to make expenditures from
the Fund pursuant to |
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| appropriations made for the purposes of this Section.
There |
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| shall be deposited into the Fund such amounts, including but |
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| not limited
to:
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| (1) Transfers from the School Infrastructure Fund;
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| (2) All receipts, including principal and interest
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| payments, from any loan made from the Fund;
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| (3) All proceeds of assets of whatever nature
received |
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| by the State Board as a result of default or
delinquency |
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| with respect to loans made from the Fund;
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| (4) Any appropriations, grants, or gifts made to the |
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| Fund; and
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| (5) Any income received from interest on investments of |
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| money in the
Fund.
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| (Source: P.A. 93-368, eff. 7-24-03.)
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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 |
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| to provide
the needed special educational facilities and to |
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| employ a director and
other professional workers as defined in |
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| Section 14-1.10 and to establish
facilities as defined in |
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| Section 14-1.08 for the types of children described
in Sections |
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| 14-1.02 and 14-1.03a through 14-1.07 . The director (who may be |
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| employed under
a multi-year contract as provided in subsection |
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| (c) of this Section)
and other professional workers may be |
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| employed by one district, which
shall be reimbursed on a |
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| mutually agreed basis by other districts
that are parties to |
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| the joint agreement. Such agreements may provide that
one |
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| district may supply professional workers for a joint program |
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| conducted
in another district. Such agreement shall provide |
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| that any full-time professional worker school
psychologist who |
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| is employed by a joint agreement program and spends over
50% of |
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| his or her time in one school district shall not be required to |
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| work
a different teaching schedule than the other professional |
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| worker school psychologists in that
district. Such agreement |
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| shall include, but not be limited to, provisions
for |
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| administration, staff, programs, financing, housing, |
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| transportation, an
advisory body, and the method or methods to |
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| be employed for disposing of property upon the withdrawal of a |
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| school district or dissolution of the joint agreement and shall |
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| specify procedures for the withdrawal of
districts from
the |
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| joint agreement as long as these procedures are consistent with |
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| subsection (g) of this Section . Except as otherwise provided in |
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| Section 10-22.31.1, the
withdrawal of districts from the joint |
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| agreement shall be by petition to the
regional board of school |
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| trustees. Such
agreement may be amended at any time as provided |
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| in the joint agreement or,
if the joint agreement does not so |
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| provide, then such agreement may be
amended at any time upon |
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| the adoption of concurring resolutions by the
school boards of |
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| all member districts , provided that no later than 6 months |
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| after the effective date of this amendatory Act of the 96th |
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| General Assembly, all existing agreements shall be amended to |
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| be consistent with this amendatory Act of the 96th General |
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| Assembly . A fully executed copy of any such
agreement or |
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| 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 |
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| withdrawal
shall be made to the regional board of school |
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| trustees of all counties
having jurisdiction over one or more |
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| of the districts in the joint
agreement. Upon receipt of a |
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| petition for withdrawal, the regional boards
of school trustees |
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| having jurisdiction over the cooperating districts shall
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| publish notice of and conduct a joint hearing on the issue as |
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| provided
in Section 7-6. No such petition may be considered, |
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| however, unless in
compliance with Section 7-8. If approved by |
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| a 2/3 vote of all trustees
of those regional boards, at a joint |
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| meeting, the withdrawal takes effect
as provided in Section 7-9 |
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| of this Act.
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| (b) To either (1) designate an administrative district to |
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| act as fiscal
and legal agent for the districts that are |
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| parties to the joint
agreement, or (2) designate a governing |
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| board composed of one member of
the school board of each |
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| cooperating district and designated by such
boards to act in |
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| accordance with the joint agreement. No such governing
board |
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| may levy taxes and no such governing board may incur any
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| indebtedness except within an annual budget for the joint |
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| agreement
approved by the governing board and by the boards of |
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| at least a majority
of the cooperating school districts or a |
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| number of districts greater
than a majority if required by
the |
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| joint agreement. The governing board may appoint an executive |
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| board of at
least 7 members to administer the joint agreement |
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| in accordance with
its terms. However, if 7 or more school |
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| districts are parties to a joint agreement that does not have |
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| an
administrative district: (i) at least a majority of the |
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| members appointed by
the governing board to the executive
board |
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| shall
be members of the school boards of the cooperating |
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| districts; or
(ii) if the
governing
board wishes to appoint |
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| 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 |
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| 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 |
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| than one year. or
more than 3 years, except for a person |
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| serving as a director of a
special education joint agreement |
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| for the first time in Illinois. In such
a case, the initial |
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| contract shall be for a 2 year period. Such contract
may be |
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| 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 |
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| 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 |
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| 30th, unless the
contract specifically provides otherwise. |
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| Notice of intent not to renew a
contract when given by a |
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| controlling board or administrative district must
be in writing |
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| stating the specific reason therefor. Notice of intent not
to |
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| renew the contract must be given by the controlling board or |
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| the
administrative district at least 90 days before the |
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| contract expires.
Failure to do so will automatically extend |
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| the contract for one
additional year.
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| By accepting the terms of the multi-year contract, the |
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| director of a
special education joint agreement waives all |
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| rights granted under Sections
24-11 through 24-16 for the |
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| duration of his or her employment as a director
of a special |
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| education joint agreement.
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| (d) To designate a district that is a party to the joint |
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| agreement as the
issuer of bonds or notes for the purposes and |
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| in the manner provided in
this Section. It is not necessary for |
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| such district to also be the
administrative district for the |
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| joint agreement, nor is it necessary for
the same district to |
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| be designated as the issuer of all series of bonds or
notes |
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| issued hereunder. Any district so designated may, from time to |
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| time,
borrow money and, in evidence of its obligation to repay |
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| the borrowing,
issue its negotiable bonds or notes for the |
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| purpose of acquiring,
constructing, altering, repairing, |
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| enlarging and equipping any building or
portion thereof, |
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| together with any land or interest therein, necessary to
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| provide special educational facilities and services as defined |
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| in Section
14-1.08. Title in and to any such facilities shall |
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| be held in accordance
with the joint agreement.
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| Any such bonds or notes shall be authorized by a resolution |
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| of the board
of education of the issuing district. The |
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| resolution may contain such
covenants as may be deemed |
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| necessary or advisable by the district to
assure the payment of |
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| the bonds or notes. The resolution shall be
effective |
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| immediately upon its adoption.
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| Prior to the issuance of such bonds or notes, each school |
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| district that
is a party to the joint agreement shall agree, |
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| whether by amendment to the
joint agreement or by resolution of |
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| the board of education, to be jointly
and severally liable for |
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| the payment of the bonds and notes. The bonds or
notes shall be |
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| payable solely and only from the payments made pursuant to
such |
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| agreement.
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| Neither the bonds or notes nor the obligation to pay the |
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| bonds or notes under
any joint agreement shall constitute an |
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| indebtedness of any district,
including the issuing district, |
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| within the meaning of any constitutional or
statutory |
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| limitation.
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| As long as any bonds or notes are outstanding and unpaid, |
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| the agreement
by a district to pay the bonds and notes shall be |
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| irrevocable
notwithstanding the district's withdrawal from |
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| membership in the joint
special education program.
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| (e) If a district whose employees are on strike was, prior |
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| to the strike,
sending students with disabilities to special |
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| educational
facilities and services
in another district or |
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| cooperative, the district affected by the strike
shall continue |
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| to send such students during the strike and shall be
eligible |
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| 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 |
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| each cooperating district and
designated by those boards to act |
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| in accordance with the joint agreement, the
governing board |
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| 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 |
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| the manner
provided in this subsection. The governing board of |
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| the joint agreement
may from time to time borrow money and, in |
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| evidence of its
obligation to repay the borrowing,
issue its |
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| negotiable bonds or notes for the purpose of acquiring,
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| constructing, altering, repairing, enlarging and equipping any |
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| building or
portion thereof, together with any land or interest |
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| therein, necessary to
provide special educational facilities |
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| and services as defined in Section
14-1.08 and including also |
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| facilities for activities of administration and
educational |
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| support personnel employees. Title in and to any such |
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| facilities
shall be held in accordance with the joint |
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| agreement.
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| Any such bonds or notes shall be authorized by a resolution |
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| of the
governing board. The resolution may contain such
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| covenants as may be deemed necessary or advisable by the |
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| governing board
to assure the payment of the bonds or notes and |
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| interest accruing thereon.
The resolution shall be effective |
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| immediately upon its adoption.
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| Each school district that
is a party to the joint agreement |
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| shall be automatically liable, by virtue of
its membership in |
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| the joint agreement, for its proportionate share of the
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| principal amount of the bonds and notes plus interest accruing |
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| thereon, as
provided in the resolution. Subject to the joint |
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| and several liability
hereinafter provided for, the resolution |
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| may provide for different payment
schedules for different |
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| districts except that the aggregate amount of scheduled
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| payments for each district shall be equal to its proportionate |
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| share of the
debt service in the bonds or notes based upon the |
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| fraction that its
equalized assessed valuation bears to the |
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| total equalized assessed valuation of
all the district members |
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| of the joint agreement as adjusted in the manner
hereinafter |
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| provided. In computing that fraction the most recent available
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| equalized assessed valuation at the time of the issuance of the |
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| bonds and notes
shall be used, and the equalized assessed |
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| valuation of any district maintaining
grades K to 12 shall be |
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| doubled in both the numerator and denominator of the
fraction |
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| 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 |
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| 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 |
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| any
deficiency. The bonds or
notes and interest thereon shall |
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| be payable solely and only from the
funds made available |
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| pursuant to the procedures set forth in this
subsection. No |
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| project authorized under this subsection may require an
annual |
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| contribution for bond payments from any member district in |
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| excess of
0.15% of the value of taxable property as equalized |
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| 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 |
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| of taxable property as equalized or assessed by the
Department |
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| of
Revenue in the case of districts maintaining grades K-12. |
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| This limitation on
taxing authority is expressly applicable to |
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| taxing authority provided under
Section 17-9 and other |
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| applicable Sections of this Act. Nothing contained in
this |
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| subsection shall be construed as an exception to the property |
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| 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 |
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| bonds or notes
under any joint agreement shall constitute an |
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| indebtedness of any district
within the meaning of any |
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| constitutional or statutory limitation.
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| As long as any bonds or notes are outstanding and unpaid, |
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| the obligation
of a district to pay its proportionate share of |
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| the principal of and
interest on the bonds and notes as |
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| required in this Section shall be a
general obligation of the |
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| district payable from any and all sources of revenue
designated |
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| for that purpose by the board of education of the district and |
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| shall
be irrevocable notwithstanding the district's withdrawal |
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| from membership in the
joint special education program.
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| (g) A member district wishing to withdraw from a joint |
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| agreement may obtain from its school board a written resolution |
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| approving the withdrawal. The withdrawing district must then |
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| present a written petition for withdrawal from the joint |
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| agreement to the other member districts within such timelines |
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| designated by the joint agreement. Upon approval by school |
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| board written resolution of all of the remaining member |
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| districts, the petitioning member district shall be withdrawn |
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| from the joint agreement effective the following July 1 and |
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| shall notify the State Board of Education of the approved |
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| withdrawal in writing. |
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| (h) The changes to this Section made by this amendatory Act |
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| of the 96th General Assembly apply to withdrawals from or |
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| dissolutions of special education joint agreements initiated |
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| after the effective date of this amendatory Act of the 96th |
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| General Assembly. |
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| (Source: P.A. 89-397, eff. 8-20-95; 89-613, eff. 8-9-96; |
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| 89-626, eff. 8-9-96;
90-103, eff. 7-11-97; 90-515, eff. |
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| 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 |