|
| | 10000SB2344ham003 | - 2 - | LRB100 17893 AXK 40488 a |
|
|
1 | | districts
that are parties to the joint agreement. Such |
2 | | agreements may provide that
one district may supply |
3 | | professional workers for a joint program conducted
in another |
4 | | district. Such agreement shall provide that any full-time |
5 | | professional worker who is employed by a joint agreement |
6 | | program and spends over
50% of his or her time in one school |
7 | | district shall not be required to work
a different teaching |
8 | | schedule than the other professional worker in that
district. |
9 | | Such agreement shall include, but not be limited to, provisions
|
10 | | for administration, staff, programs, financing, housing, |
11 | | transportation, an
advisory body, and the method or methods to |
12 | | be employed for disposing of property upon the withdrawal of a |
13 | | school district or dissolution of the joint agreement and shall |
14 | | specify procedures for the withdrawal of
districts from
the |
15 | | joint agreement as long as these procedures are consistent with |
16 | | this Section. Such
agreement may be amended at any time as |
17 | | provided in the joint agreement or,
if the joint agreement does |
18 | | not so provide, then such agreement may be
amended at any time |
19 | | upon the adoption of concurring resolutions by the
school |
20 | | boards of all member districts, provided that no later than 6 |
21 | | months after August 28, 2009 (the effective date of Public Act |
22 | | 96-783), all existing agreements shall be amended to be |
23 | | consistent with Public Act 96-783. Such an amendment may |
24 | | include the removal of a school district from or the addition |
25 | | of a school district to the joint agreement without a petition |
26 | | as otherwise required in this Section if all member districts |
|
| | 10000SB2344ham003 | - 3 - | LRB100 17893 AXK 40488 a |
|
|
1 | | adopt concurring resolutions to that effect. A fully executed |
2 | | copy of any such
agreement or amendment entered into on or |
3 | | after January 1, 1989 shall be
filed with the State Board of |
4 | | Education. Petitions for withdrawal
shall be made to the |
5 | | regional board or boards of school trustees exercising |
6 | | oversight or governance over any of the districts in the joint
|
7 | | agreement. Upon receipt of a petition for withdrawal, the |
8 | | regional board
of school trustees shall
publish notice of and |
9 | | conduct a hearing or, in instances in which more than one |
10 | | regional board of school trustees exercises oversight or |
11 | | governance over any of the districts in the joint agreement, a |
12 | | joint hearing, in accordance with rules adopted by the State |
13 | | Board of Education. In instances in which a single regional |
14 | | board of school trustees holds the hearing, approval of the |
15 | | petition must be by a two-thirds majority vote of the school |
16 | | trustees. In instances in which a joint hearing of 2 or more |
17 | | regional boards of school trustees is required, approval of the |
18 | | petition must be by a two-thirds majority of all those school |
19 | | trustees present and voting. Notwithstanding the provisions of |
20 | | Article 6 of this Code, in instances in which the competent |
21 | | regional board or boards of school trustees has been abolished, |
22 | | petitions for withdrawal shall be made to the school boards of |
23 | | those districts that fall under the oversight or governance of |
24 | | the abolished regional board of school trustees in accordance |
25 | | with rules adopted by the State Board of Education. If any |
26 | | petition is approved pursuant to this subsection (a), the |
|
| | 10000SB2344ham003 | - 4 - | LRB100 17893 AXK 40488 a |
|
|
1 | | withdrawal takes effect
as provided in Section 7-9 of this Act. |
2 | | The changes to this Section made by Public Act 96-769 apply to |
3 | | all changes to special education joint agreement membership |
4 | | initiated after July 1, 2009.
|
5 | | (b) To either (1) designate an administrative district to |
6 | | act as fiscal
and legal agent for the districts that are |
7 | | parties to the joint
agreement, or (2) designate a governing |
8 | | board composed of one member of
the school board of each |
9 | | cooperating district and designated by such
boards to act in |
10 | | accordance with the joint agreement. No such governing
board |
11 | | may levy taxes and no such governing board may incur any
|
12 | | indebtedness except within an annual budget for the joint |
13 | | agreement
approved by the governing board and by the boards of |
14 | | at least a majority
of the cooperating school districts or a |
15 | | number of districts greater
than a majority if required by
the |
16 | | joint agreement. The governing board may appoint an executive |
17 | | board of at
least 7 members to administer the joint agreement |
18 | | in accordance with
its terms. However, if 7 or more school |
19 | | districts are parties to a joint agreement that does not have |
20 | | an
administrative district: (i) at least a majority of the |
21 | | members appointed by
the governing board to the executive
board |
22 | | shall
be members of the school boards of the cooperating |
23 | | districts; or
(ii) if the
governing
board wishes to appoint |
24 | | members who are not school board members, they shall be
|
25 | | superintendents from the
cooperating districts.
|
26 | | (c) To employ a full-time director of special education of |
|
| | 10000SB2344ham003 | - 5 - | LRB100 17893 AXK 40488 a |
|
|
1 | | the joint agreement program under a one-year or multi-year
|
2 | | contract. No such contract can be offered or accepted for less |
3 | | than one year. Such contract
may be discontinued at any time by |
4 | | mutual agreement of the contracting
parties, or may be extended |
5 | | for an additional one-year or multi-year period at the end of |
6 | | any year.
|
7 | | The contract year is July 1 through the following June |
8 | | 30th, unless the
contract specifically provides otherwise. |
9 | | Notice of intent not to renew a
contract when given by a |
10 | | controlling board or administrative district must
be in writing |
11 | | stating the specific reason therefor. Notice of intent not
to |
12 | | renew the contract must be given by the controlling board or |
13 | | the
administrative district at least 90 days before the |
14 | | contract expires.
Failure to do so will automatically extend |
15 | | the contract for one
additional year.
|
16 | | By accepting the terms of the contract, the director of a
|
17 | | special education joint agreement waives all rights granted |
18 | | under Sections
24-11 through 24-16 for the duration of his or |
19 | | her employment as a director
of a special education joint |
20 | | agreement.
|
21 | | (d) To designate a district that is a party to the joint |
22 | | agreement as the
issuer of bonds or notes for the purposes and |
23 | | in the manner provided in
this Section. It is not necessary for |
24 | | such district to also be the
administrative district for the |
25 | | joint agreement, nor is it necessary for
the same district to |
26 | | be designated as the issuer of all series of bonds or
notes |
|
| | 10000SB2344ham003 | - 6 - | LRB100 17893 AXK 40488 a |
|
|
1 | | issued hereunder. Any district so designated may, from time to |
2 | | time,
borrow money and, in evidence of its obligation to repay |
3 | | the borrowing,
issue its negotiable bonds or notes for the |
4 | | purpose of acquiring,
constructing, altering, repairing, |
5 | | enlarging and equipping any building or
portion thereof, |
6 | | together with any land or interest therein, necessary to
|
7 | | provide special educational facilities and services as defined |
8 | | in Section
14-1.08. Title in and to any such facilities shall |
9 | | be held in accordance
with the joint agreement.
|
10 | | Any such bonds or notes shall be authorized by a resolution |
11 | | of the board
of education of the issuing district. The |
12 | | resolution may contain such
covenants as may be deemed |
13 | | necessary or advisable by the district to
assure the payment of |
14 | | the bonds or notes. The resolution shall be
effective |
15 | | immediately upon its adoption.
|
16 | | Prior to the issuance of such bonds or notes, each school |
17 | | district that
is a party to the joint agreement shall agree, |
18 | | whether by amendment to the
joint agreement or by resolution of |
19 | | the board of education, to be jointly
and severally liable for |
20 | | the payment of the bonds and notes. The bonds or
notes shall be |
21 | | payable solely and only from the payments made pursuant to
such |
22 | | agreement.
|
23 | | Neither the bonds or notes nor the obligation to pay the |
24 | | bonds or notes under
any joint agreement shall constitute an |
25 | | indebtedness of any district,
including the issuing district, |
26 | | within the meaning of any constitutional or
statutory |
|
| | 10000SB2344ham003 | - 7 - | LRB100 17893 AXK 40488 a |
|
|
1 | | limitation.
|
2 | | As long as any bonds or notes are outstanding and unpaid, |
3 | | the agreement
by a district to pay the bonds and notes shall be |
4 | | irrevocable
notwithstanding the district's withdrawal from |
5 | | membership in the joint
special education program.
|
6 | | (e) If a district whose employees are on strike was, prior |
7 | | to the strike,
sending students with disabilities to special |
8 | | educational
facilities and services
in another district or |
9 | | cooperative, the district affected by the strike
shall continue |
10 | | to send such students during the strike and shall be
eligible |
11 | | to receive appropriate State reimbursement.
|
12 | | (f) With respect to those joint agreements that have a |
13 | | governing board
composed of one member of the school board of |
14 | | each cooperating district and
designated by those boards to act |
15 | | in accordance with the joint agreement, the
governing board |
16 | | shall have, in addition to its other powers under this Section,
|
17 | | the authority to issue bonds or notes for the purposes and in |
18 | | the manner
provided in this subsection. The governing board of |
19 | | the joint agreement
may from time to time borrow money and, in |
20 | | evidence of its
obligation to repay the borrowing,
issue its |
21 | | negotiable bonds or notes for the purpose of acquiring,
|
22 | | constructing, altering, repairing, enlarging and equipping any |
23 | | building or
portion thereof, together with any land or interest |
24 | | therein, necessary to
provide special educational facilities |
25 | | and services as defined in Section
14-1.08 and including also |
26 | | facilities for activities of administration and
educational |
|
| | 10000SB2344ham003 | - 8 - | LRB100 17893 AXK 40488 a |
|
|
1 | | support personnel employees. Title in and to any such |
2 | | facilities
shall be held in accordance with the joint |
3 | | agreement.
|
4 | | Any such bonds or notes shall be authorized by a resolution |
5 | | of the
governing board. The resolution may contain such
|
6 | | covenants as may be deemed necessary or advisable by the |
7 | | governing board
to assure the payment of the bonds or notes and |
8 | | interest accruing thereon.
The resolution shall be effective |
9 | | immediately upon its adoption.
|
10 | | Each school district that
is a party to the joint agreement |
11 | | shall be automatically liable, by virtue of
its membership in |
12 | | the joint agreement, for its proportionate share of the
|
13 | | principal amount of the bonds and notes plus interest accruing |
14 | | thereon, as
provided in the resolution. Subject to the joint |
15 | | and several liability
hereinafter provided for, the resolution |
16 | | may provide for different payment
schedules for different |
17 | | districts except that the aggregate amount of scheduled
|
18 | | payments for each district shall be equal to its proportionate |
19 | | share of the
debt service in the bonds or notes based upon the |
20 | | fraction that its
equalized assessed valuation bears to the |
21 | | total equalized assessed valuation of
all the district members |
22 | | of the joint agreement as adjusted in the manner
hereinafter |
23 | | provided. In computing that fraction the most recent available
|
24 | | equalized assessed valuation at the time of the issuance of the |
25 | | bonds and notes
shall be used, and the equalized assessed |
26 | | valuation of any district maintaining
grades K to 12 shall be |
|
| | 10000SB2344ham003 | - 9 - | LRB100 17893 AXK 40488 a |
|
|
1 | | doubled in both the numerator and denominator of the
fraction |
2 | | used for all of the districts that are members of the joint
|
3 | | agreement. In case of default in payment by any
member, each |
4 | | school district that is a party to the joint agreement shall
|
5 | | automatically be jointly and severally liable for the amount of |
6 | | any
deficiency. The bonds or
notes and interest thereon shall |
7 | | be payable solely and only from the
funds made available |
8 | | pursuant to the procedures set forth in this
subsection. No |
9 | | project authorized under this subsection may require an
annual |
10 | | contribution for bond payments from any member district in |
11 | | excess of
0.15% of the value of taxable property as equalized |
12 | | or assessed by the
Department of Revenue in the case of |
13 | | districts maintaining grades K-8 or 9-12
and 0.30% of the value |
14 | | of taxable property as equalized or assessed by the
Department |
15 | | of
Revenue in the case of districts maintaining grades K-12. |
16 | | This limitation on
taxing authority is expressly applicable to |
17 | | taxing authority provided under
Section 17-9 and other |
18 | | applicable Sections of this Act. Nothing contained in
this |
19 | | subsection shall be construed as an exception to the property |
20 | | tax
limitations contained in Section 17-2, 17-2.2a, 17-5, or
|
21 | | any other applicable Section of this Act.
|
22 | | Neither the bonds or notes nor the obligation to pay the |
23 | | bonds or notes
under any joint agreement shall constitute an |
24 | | indebtedness of any district
within the meaning of any |
25 | | constitutional or statutory limitation.
|
26 | | As long as any bonds or notes are outstanding and unpaid, |
|
| | 10000SB2344ham003 | - 10 - | LRB100 17893 AXK 40488 a |
|
|
1 | | the obligation
of a district to pay its proportionate share of |
2 | | the principal of and
interest on the bonds and notes as |
3 | | required in this Section shall be a
general obligation of the |
4 | | district payable from any and all sources of revenue
designated |
5 | | for that purpose by the board of education of the district and |
6 | | shall
be irrevocable notwithstanding the district's withdrawal |
7 | | from membership in the
joint special education program.
|
8 | | (g) A member district wishing to withdraw from a joint |
9 | | agreement may obtain from its school board a written resolution |
10 | | approving the withdrawal. The withdrawing district must then |
11 | | present a written petition for withdrawal from the joint |
12 | | agreement to the other member districts within such timelines |
13 | | designated by the joint agreement. A member district wishing to |
14 | | withdraw from a joint agreement under this subsection (g) must |
15 | | present to its school board and the other member districts |
16 | | evidence that it has a comprehensive plan for educating a wide |
17 | | range of students with disabilities, including a full continuum |
18 | | of support and services, and that it has an appropriate plan |
19 | | for educating all currently enrolled students with |
20 | | disabilities upon withdrawal from the joint agreement. Upon |
21 | | approval by school board written resolution of all of the |
22 | | remaining member districts, the petitioning member district |
23 | | shall be withdrawn from the joint agreement effective the |
24 | | following July 1 and shall notify the State Board of Education |
25 | | of the approved withdrawal in writing. If the petition for |
26 | | withdrawal is not approved and the petitioning member district |
|
| | 10000SB2344ham003 | - 11 - | LRB100 17893 AXK 40488 a |
|
|
1 | | is a part of a Class II county school unit outside of a city of |
2 | | 500,000 or more inhabitants, the petitioning member district |
3 | | may appeal the disapproval decision to the trustees of schools |
4 | | of the township that has jurisdiction and authority over the |
5 | | withdrawing district. If a withdrawing district is not under |
6 | | the jurisdiction and authority of the trustees of schools of a |
7 | | township, a hearing panel shall be established by the chief |
8 | | administrative officer of the intermediate service center |
9 | | having jurisdiction over the withdrawing district. The hearing |
10 | | panel shall be made up of 3 persons who have a demonstrated |
11 | | interest and background in education. Each hearing panel member |
12 | | must reside within an educational service region of 2,000,000 |
13 | | or more inhabitants but not within the withdrawing district and |
14 | | may not be a current school board member or employee of the |
15 | | withdrawing district or hold any county office. None of the |
16 | | hearing panel members may reside within the same school |
17 | | district. The hearing panel shall serve without remuneration; |
18 | | however, the necessary expenses, including travel, attendant |
19 | | upon any meeting or hearing in relation to these proceedings |
20 | | must be paid. If the trustees of schools of the township having |
21 | | jurisdiction and authority over the withdrawing district or the |
22 | | hearing panel established by the chief administrative officer |
23 | | of the intermediate service center having jurisdiction over the |
24 | | withdrawing district approves the petition for withdrawal, |
25 | | then the petitioning member district shall be withdrawn from |
26 | | the joint agreement effective the following July 1 and shall |
|
| | 10000SB2344ham003 | - 12 - | LRB100 17893 AXK 40488 a |
|
|
1 | | notify the State Board of Education of the approved withdrawal |
2 | | in writing. |
3 | | (g-5) This subsection (g-5) applies to school districts |
4 | | located in whole or part in a county with a population |
5 | | exceeding 5,000,000 inhabitants and joint agreements involved |
6 | | in a withdrawal under subsection (g) of this Section effective |
7 | | on July 1, 2018. A student attending a school under a joint |
8 | | agreement program in the school year immediately prior to the |
9 | | effective date of the school district withdrawing from the |
10 | | agreement shall be permitted to remain placed in the joint |
11 | | agreement program if the student is a resident of the |
12 | | withdrawing school district, the joint agreement maintains the |
13 | | program, the student's individualized education program team |
14 | | makes a determination that the program is the most appropriate |
15 | | program to meet the student's needs, and the student remains |
16 | | age appropriate for the program. A student shall be permitted |
17 | | to attend the joint agreement program under this subsection |
18 | | (g-5) regardless of whether the joint agreement bylaws prohibit |
19 | | attendance from non-member district students. If a student from |
20 | | the withdrawing district attends the joint agreement's |
21 | | program, the withdrawing district shall be responsible for the |
22 | | per capita cost of the student's attendance as calculated under |
23 | | Section 14-7.01 of this Code, plus a per student share of fees |
24 | | that would have been paid to the joint agreement for membership |
25 | | and administrative costs associated with educating the student |
26 | | in the joint agreement's program, and transportation of the |
|
| | 10000SB2344ham003 | - 13 - | LRB100 17893 AXK 40488 a |
|
|
1 | | student to the joint agreement's program. For purposes of this |
2 | | subsection (g-5), the per student share of fees that would have |
3 | | been paid to the joint agreement for membership and |
4 | | administrative costs associated with educating a student in the |
5 | | joint agreement's program shall be negotiated between the |
6 | | withdrawing school district and the joint agreement program no |
7 | | later than August 1, 2018. If the withdrawing school district |
8 | | and the joint agreement program fail to come to a negotiated |
9 | | agreement on or before August 1, 2018, the State Board of |
10 | | Education shall determine the per student share of fees at its |
11 | | next regularly scheduled meeting. This subsection (g-5) does |
12 | | not apply to any student who moves outside of the boundaries of |
13 | | a school district that is or was a member of a special |
14 | | education joint agreement involved in a withdrawal effective on |
15 | | July 1, 2018. No interpretations or precedent for future |
16 | | actions with other joint agreements or school districts may be |
17 | | taken as a result of this subsection (g-5). This subsection |
18 | | (g-5) is inoperative on and after July 1, 2026. |
19 | | (h) The changes to this Section made by Public Act 96-783 |
20 | | apply to withdrawals from or dissolutions of special education |
21 | | joint agreements initiated after August 28, 2009 (the effective |
22 | | date of Public Act 96-783). |
23 | | (i) Notwithstanding subsections (a), (g), and (h) of this |
24 | | Section or any other provision of this Code to the contrary, an |
25 | | elementary school district that maintains grades up to and |
26 | | including grade 8, that had a 2014-2015 best 3 months' average |
|
| | 10000SB2344ham003 | - 14 - | LRB100 17893 AXK 40488 a |
|
|
1 | | daily attendance of 5,209.57, and that had a 2014 equalized |
2 | | assessed valuation of at least $451,500,000, but not more than |
3 | | $452,000,000, may withdraw from its special education joint |
4 | | agreement program consisting of 6 school districts upon |
5 | | submission and approval of the comprehensive plan, in |
6 | | compliance with the applicable requirements of Section 14-4.01 |
7 | | of this Code, in addition to the approval by the school board |
8 | | of the elementary school district and notification to and the |
9 | | filing of an intent to withdraw statement with the governing |
10 | | board of the joint agreement program. Such notification and |
11 | | statement shall specify the effective date of the withdrawal, |
12 | | which in no case shall be less than 60 days after the date of |
13 | | the filing of the notification and statement. Upon receipt of |
14 | | the notification and statement, the governing board of the |
15 | | joint agreement program shall distribute a copy to each member |
16 | | district of the joint agreement and shall initiate any |
17 | | appropriate allocation of assets and liabilities among the |
18 | | remaining member districts to take effect upon the date of the |
19 | | withdrawal. The withdrawal shall take effect upon the date |
20 | | specified in the notification and statement. |
21 | | (Source: P.A. 99-729, eff. 8-5-16; 100-66, eff. 8-11-17.)
|
22 | | Section 99. Effective date. This Act takes effect upon |
23 | | becoming law.".
|