Illinois General Assembly - Full Text of SB2895
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Full Text of SB2895  103rd General Assembly

SB2895 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2895

 

Introduced 1/24/2024, by Sen. Laura Fine

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-22.31  from Ch. 122, par. 10-22.31

    Amends the School Code. Allows an elementary school district to withdraw from its special education joint agreement program if the district (i) maintains grades up to and including grade 8, (ii) had a 2022-2023 best 3 months' average daily attendance of 4,013, and (iii) had a 2022 equalized assessed valuation of at least $2,927,750,000, but not more than $2,927,760,000, and the special education joint agreement consists of 18 school districts. Requires approval by the school board and notification to and the filing of an intent to withdraw statement with the governing board of the joint agreement program. Sets forth provisions concerning the notification and statement, the allocation of assets and liabilities, and the effective date of the withdrawal.


LRB103 35227 JAG 65214 b

 

 

A BILL FOR

 

SB2895LRB103 35227 JAG 65214 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
510-22.31 as follows:
 
6    (105 ILCS 5/10-22.31)  (from Ch. 122, par. 10-22.31)
7    Sec. 10-22.31. Special education.
8    (a) To enter into joint agreements with other school
9boards to provide the needed special educational facilities
10and to employ a director and other professional workers as
11defined in Section 14-1.10 and to establish facilities as
12defined in Section 14-1.08 for the types of children described
13in Sections 14-1.02 and 14-1.03a. The director (who may be
14employed under a contract as provided in subsection (c) of
15this Section) and other professional workers may be employed
16by one district, which shall be reimbursed on a mutually
17agreed basis by other districts that are parties to the joint
18agreement. Such agreements may provide that one district may
19supply professional workers for a joint program conducted in
20another district. Such agreement shall provide that any
21full-time professional worker who is employed by a joint
22agreement program and spends over 50% of his or her time in one
23school district shall not be required to work a different

 

 

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1teaching schedule than the other professional worker in that
2district. Such agreement shall include, but not be limited to,
3provisions for administration, staff, programs, financing,
4housing, transportation, an advisory body, and the method or
5methods to be employed for disposing of property upon the
6withdrawal of a school district or dissolution of the joint
7agreement and shall specify procedures for the withdrawal of
8districts from the joint agreement as long as these procedures
9are consistent with this Section. Such agreement may be
10amended at any time as provided in the joint agreement or, if
11the joint agreement does not so provide, then such agreement
12may be amended at any time upon the adoption of concurring
13resolutions by the school boards of all member districts,
14provided that no later than 6 months after August 28, 2009 (the
15effective date of Public Act 96-783), all existing agreements
16shall be amended to be consistent with Public Act 96-783. Such
17an amendment may include the removal of a school district from
18or the addition of a school district to the joint agreement
19without a petition as otherwise required in this Section if
20all member districts adopt concurring resolutions to that
21effect. A fully executed copy of any such agreement or
22amendment entered into on or after January 1, 1989 shall be
23filed with the State Board of Education. Petitions for
24withdrawal shall be made to the regional board or boards of
25school trustees exercising oversight or governance over any of
26the districts in the joint agreement. Upon receipt of a

 

 

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1petition for withdrawal, the regional board of school trustees
2shall publish notice of and conduct a hearing or, in instances
3in which more than one regional board of school trustees
4exercises oversight or governance over any of the districts in
5the joint agreement, a joint hearing, in accordance with rules
6adopted by the State Board of Education. In instances in which
7a single regional board of school trustees holds the hearing,
8approval of the petition must be by a two-thirds majority vote
9of the school trustees. In instances in which a joint hearing
10of 2 or more regional boards of school trustees is required,
11approval of the petition must be by a two-thirds majority of
12all those school trustees present and voting. Notwithstanding
13the provisions of Article 6 of this Code, in instances in which
14the competent regional board or boards of school trustees has
15been abolished, petitions for withdrawal shall be made to the
16school boards of those districts that fall under the oversight
17or governance of the abolished regional board of school
18trustees in accordance with rules adopted by the State Board
19of Education. If any petition is approved pursuant to this
20subsection (a), the withdrawal takes effect as provided in
21Section 7-9 of this Act. The changes to this Section made by
22Public Act 96-769 apply to all changes to special education
23joint agreement membership initiated after July 1, 2009.
24    (b) To either (1) designate an administrative district to
25act as fiscal and legal agent for the districts that are
26parties to the joint agreement, or (2) designate a governing

 

 

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1board composed of one member of the school board of each
2cooperating district and designated by such boards to act in
3accordance with the joint agreement. No such governing board
4may levy taxes and no such governing board may incur any
5indebtedness except within an annual budget for the joint
6agreement approved by the governing board and by the boards of
7at least a majority of the cooperating school districts or a
8number of districts greater than a majority if required by the
9joint agreement. The governing board may appoint an executive
10board of at least 7 members to administer the joint agreement
11in accordance with its terms. However, if 7 or more school
12districts are parties to a joint agreement that does not have
13an administrative district: (i) at least a majority of the
14members appointed by the governing board to the executive
15board shall be members of the school boards of the cooperating
16districts; or (ii) if the governing board wishes to appoint
17members who are not school board members, they shall be
18superintendents from the cooperating districts.
19    (c) To employ a full-time director of special education of
20the joint agreement program under a one-year or multi-year
21contract. No such contract can be offered or accepted for less
22than one year. Such contract may be discontinued at any time by
23mutual agreement of the contracting parties, or may be
24extended for an additional one-year or multi-year period at
25the end of any year.
26    The contract year is July 1 through the following June

 

 

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130th, unless the contract specifically provides otherwise.
2Notice of intent not to renew a contract when given by a
3controlling board or administrative district must be in
4writing stating the specific reason therefor. Notice of intent
5not to renew the contract must be given by the controlling
6board or the administrative district at least 90 days before
7the contract expires. Failure to do so will automatically
8extend the contract for one additional year.
9    By accepting the terms of the contract, the director of a
10special education joint agreement waives all rights granted
11under Sections 24-11 through 24-16 for the duration of his or
12her employment as a director of a special education joint
13agreement.
14    (d) To designate a district that is a party to the joint
15agreement as the issuer of bonds or notes for the purposes and
16in the manner provided in this Section. It is not necessary for
17such district to also be the administrative district for the
18joint agreement, nor is it necessary for the same district to
19be designated as the issuer of all series of bonds or notes
20issued hereunder. Any district so designated may, from time to
21time, borrow money and, in evidence of its obligation to repay
22the borrowing, issue its negotiable bonds or notes for the
23purpose of acquiring, constructing, altering, repairing,
24enlarging and equipping any building or portion thereof,
25together with any land or interest therein, necessary to
26provide special educational facilities and services as defined

 

 

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1in Section 14-1.08. Title in and to any such facilities shall
2be held in accordance with the joint agreement.
3    Any such bonds or notes shall be authorized by a
4resolution of the board of education of the issuing district.
5The resolution may contain such covenants as may be deemed
6necessary or advisable by the district to assure the payment
7of the bonds or notes. The resolution shall be effective
8immediately upon its adoption.
9    Prior to the issuance of such bonds or notes, each school
10district that is a party to the joint agreement shall agree,
11whether by amendment to the joint agreement or by resolution
12of the board of education, to be jointly and severally liable
13for the payment of the bonds and notes. The bonds or notes
14shall be payable solely and only from the payments made
15pursuant to such agreement.
16    Neither the bonds or notes nor the obligation to pay the
17bonds or notes under any joint agreement shall constitute an
18indebtedness of any district, including the issuing district,
19within the meaning of any constitutional or statutory
20limitation.
21    As long as any bonds or notes are outstanding and unpaid,
22the agreement by a district to pay the bonds and notes shall be
23irrevocable notwithstanding the district's withdrawal from
24membership in the joint special education program.
25    (e) If a district whose employees are on strike was, prior
26to the strike, sending students with disabilities to special

 

 

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1educational facilities and services in another district or
2cooperative, the district affected by the strike shall
3continue to send such students during the strike and shall be
4eligible to receive appropriate State reimbursement.
5    (f) With respect to those joint agreements that have a
6governing board composed of one member of the school board of
7each cooperating district and designated by those boards to
8act in accordance with the joint agreement, the governing
9board shall have, in addition to its other powers under this
10Section, the authority to issue bonds or notes for the
11purposes and in the manner provided in this subsection. The
12governing board of the joint agreement may from time to time
13borrow money and, in evidence of its obligation to repay the
14borrowing, issue its negotiable bonds or notes for the purpose
15of acquiring, constructing, altering, repairing, enlarging and
16equipping any building or portion thereof, together with any
17land or interest therein, necessary to provide special
18educational facilities and services as defined in Section
1914-1.08 and including also facilities for activities of
20administration and educational support personnel employees.
21Title in and to any such facilities shall be held in accordance
22with the joint agreement.
23    Any such bonds or notes shall be authorized by a
24resolution of the governing board. The resolution may contain
25such covenants as may be deemed necessary or advisable by the
26governing board to assure the payment of the bonds or notes and

 

 

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1interest accruing thereon. The resolution shall be effective
2immediately upon its adoption.
3    Each school district that is a party to the joint
4agreement shall be automatically liable, by virtue of its
5membership in the joint agreement, for its proportionate share
6of the principal amount of the bonds and notes plus interest
7accruing thereon, as provided in the resolution. Subject to
8the joint and several liability hereinafter provided for, the
9resolution may provide for different payment schedules for
10different districts except that the aggregate amount of
11scheduled payments for each district shall be equal to its
12proportionate share of the debt service in the bonds or notes
13based upon the fraction that its equalized assessed valuation
14bears to the total equalized assessed valuation of all the
15district members of the joint agreement as adjusted in the
16manner hereinafter provided. In computing that fraction the
17most recent available equalized assessed valuation at the time
18of the issuance of the bonds and notes shall be used, and the
19equalized assessed valuation of any district maintaining
20grades K to 12 shall be doubled in both the numerator and
21denominator of the fraction used for all of the districts that
22are members of the joint agreement. In case of default in
23payment by any member, each school district that is a party to
24the joint agreement shall automatically be jointly and
25severally liable for the amount of any deficiency. The bonds
26or notes and interest thereon shall be payable solely and only

 

 

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1from the funds made available pursuant to the procedures set
2forth in this subsection. No project authorized under this
3subsection may require an annual contribution for bond
4payments from any member district in excess of 0.15% of the
5value of taxable property as equalized or assessed by the
6Department of Revenue in the case of districts maintaining
7grades K-8 or 9-12 and 0.30% of the value of taxable property
8as equalized or assessed by the Department of Revenue in the
9case of districts maintaining grades K-12. This limitation on
10taxing authority is expressly applicable to taxing authority
11provided under Section 17-9 and other applicable Sections of
12this Act. Nothing contained in this subsection shall be
13construed as an exception to the property tax limitations
14contained in Section 17-2, 17-2.2a, 17-5, or any other
15applicable Section of this Act.
16    Neither the bonds or notes nor the obligation to pay the
17bonds or notes under any joint agreement shall constitute an
18indebtedness of any district within the meaning of any
19constitutional or statutory limitation.
20    As long as any bonds or notes are outstanding and unpaid,
21the obligation of a district to pay its proportionate share of
22the principal of and interest on the bonds and notes as
23required in this Section shall be a general obligation of the
24district payable from any and all sources of revenue
25designated for that purpose by the board of education of the
26district and shall be irrevocable notwithstanding the

 

 

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1district's withdrawal from membership in the joint special
2education program.
3    (g) A member district wishing to withdraw from a joint
4agreement may obtain from its school board a written
5resolution approving the withdrawal. The withdrawing district
6must then present a written petition for withdrawal from the
7joint agreement to the other member districts. Under no
8circumstances may the petition be presented to the other
9member districts less than 12 months from the date of the
10proposed withdrawal, unless the member districts agree to
11waive this timeline. Upon approval by school board written
12resolution of all of the remaining member districts, the
13petitioning member district shall notify the State Board of
14Education of the approved withdrawal in writing and must
15submit a comprehensive plan developed under subsection (g-5)
16for review by the State Board. If the petition for withdrawal
17is not approved, the petitioning member district may appeal
18the disapproval decision to the trustees of schools of the
19township that has jurisdiction and authority over the
20withdrawing district. If a withdrawing district is not under
21the jurisdiction and authority of the trustees of schools of a
22township, a hearing panel shall be established by the chief
23administrative officer of the intermediate service center
24having jurisdiction over the withdrawing district. The hearing
25panel shall be made up of 3 persons who have a demonstrated
26interest and background in education. Each hearing panel

 

 

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1member must reside within an educational service region of
22,000,000 or more inhabitants but not within the withdrawing
3district and may not be a current school board member or
4employee of the withdrawing district or hold any county
5office. None of the hearing panel members may reside within
6the same school district. The hearing panel shall serve
7without remuneration; however, the necessary expenses,
8including travel, attendant upon any meeting or hearing in
9relation to these proceedings must be paid. Prior to the
10hearing, the withdrawing district shall (i) provide written
11notification to all parents or guardians of students with
12disabilities residing within the district of its intent to
13withdraw from the special education joint agreement; (ii) hold
14a public hearing to allow for members of the community,
15parents or guardians of students with disabilities, or any
16other interested parties an opportunity to review the plan for
17educating students after the withdrawal and to provide
18feedback on the plan; and (iii) prepare and provide a
19comprehensive plan as outlined under subsection (g-5). The
20trustees of schools of the township having jurisdiction and
21authority over the withdrawing district or the hearing panel
22established by the chief administrative officer of the
23intermediate service center having jurisdiction over the
24withdrawing district shall convene and hear testimony to
25determine whether the withdrawing district has presented
26sufficient evidence that the district, standing alone, will

 

 

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1provide a full continuum of services and support to all its
2students with disabilities in the foreseeable future. If the
3trustees of schools of the township having jurisdiction and
4authority over the withdrawing district or the hearing panel
5established by the chief administrative officer of the
6intermediate service center having jurisdiction over the
7withdrawing district approves the petition for withdrawal,
8then the petitioning member district shall be withdrawn from
9the joint agreement effective the following July 1 and shall
10notify the State Board of Education of the approved withdrawal
11in writing.
12    (g-5) Each withdrawing district shall develop a
13comprehensive plan that includes the administrative policies
14and procedures outlined in Sections 226.50, 226.100, 226.110,
15226.180, 226.230, 226.250, 226.260, 226.300, 226.310, 226.320,
16226.330, 226.340, 226.350, 226.500, 226.520, 226.530, 226.540,
17226.560, 226.700, 226.740, 226.800, and 226.820 and Subpart G
18of Part 226 of Title 23 of the Illinois Administrative Code and
19all relevant portions of the federal Individuals with
20Disabilities Education Act. The withdrawing district must also
21demonstrate its ability to provide education for a wide range
22of students with disabilities, including a full continuum of
23support and services. To demonstrate an appropriate plan for
24educating all currently enrolled students with disabilities
25upon withdrawal from the joint agreement, the withdrawing
26district must provide a written plan for educating and placing

 

 

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1all currently eligible students with disabilities.
2    (h) The changes to this Section made by Public Act 96-783
3apply to withdrawals from or dissolutions of special education
4joint agreements initiated after August 28, 2009 (the
5effective date of Public Act 96-783).
6    (i) Notwithstanding subsections (a), (g), and (h) of this
7Section or any other provision of this Code to the contrary, an
8elementary school district that maintains grades up to and
9including grade 8, that had a 2014-2015 best 3 months' average
10daily attendance of 5,209.57, and that had a 2014 equalized
11assessed valuation of at least $451,500,000, but not more than
12$452,000,000, may withdraw from its special education joint
13agreement program consisting of 6 school districts upon
14submission and approval of the comprehensive plan, in
15compliance with the applicable requirements of Section 14-4.01
16of this Code, in addition to the approval by the school board
17of the elementary school district and notification to and the
18filing of an intent to withdraw statement with the governing
19board of the joint agreement program. Such notification and
20statement shall specify the effective date of the withdrawal,
21which in no case shall be less than 60 days after the date of
22the filing of the notification and statement. Upon receipt of
23the notification and statement, the governing board of the
24joint agreement program shall distribute a copy to each member
25district of the joint agreement and shall initiate any
26appropriate allocation of assets and liabilities among the

 

 

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1remaining member districts to take effect upon the date of the
2withdrawal. The withdrawal shall take effect upon the date
3specified in the notification and statement.
4    (j) Notwithstanding subsections (a), (g), and (h) of this
5Section or any other provision of this Code to the contrary, an
6elementary school district that maintains grades up to and
7including grade 8, that had a 2022-2023 best 3 months' average
8daily attendance of 4,013, and that had a 2022 equalized
9assessed valuation of at least $2,927,750,000, but not more
10than $2,927,760,000, may withdraw from its special education
11joint agreement program consisting of 18 school districts upon
12submission and approval of the comprehensive plan, in
13compliance with the applicable requirements of Section 14-4.01
14of this Code, in addition to the approval by the school board
15of the elementary school district and notification to and the
16filing of an intent to withdraw statement with the governing
17board of the joint agreement program. Such notification and
18statement shall specify the effective date of the withdrawal,
19which in no case shall be less than 60 days after the date of
20the filing of the notification and statement. Upon receipt of
21the notification and statement, the governing board of the
22joint agreement program shall distribute a copy to each member
23district of the joint agreement and shall initiate any
24appropriate allocation of assets and liabilities among the
25remaining member districts to take effect upon the date of the
26withdrawal. The withdrawal shall take effect upon the date

 

 

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1specified in the notification and statement.
2(Source: P.A. 100-66, eff. 8-11-17; 101-164, eff. 7-26-19.)