Rep. Robert Martwick

Filed: 5/21/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 2344 by replacing
3everything after the enacting clause with the following:
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 boards
9to provide the needed special educational facilities and to
10employ a director and other professional workers as defined in
11Section 14-1.10 and to establish facilities as defined in
12Section 14-1.08 for the types of children described in Sections
1314-1.02 and 14-1.03a. The director (who may be employed under a
14contract as provided in subsection (c) of this Section) and
15other professional workers may be employed by one district,
16which shall be reimbursed on a mutually agreed basis by other



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1districts that are parties to the joint agreement. Such
2agreements may provide that one district may supply
3professional workers for a joint program conducted in another
4district. Such agreement shall provide that any full-time
5professional worker who is employed by a joint agreement
6program and spends over 50% of his or her time in one school
7district shall not be required to work a different teaching
8schedule than the other professional worker in that district.
9Such agreement shall include, but not be limited to, provisions
10for administration, staff, programs, financing, housing,
11transportation, an advisory body, and the method or methods to
12be employed for disposing of property upon the withdrawal of a
13school district or dissolution of the joint agreement and shall
14specify procedures for the withdrawal of districts from the
15joint agreement as long as these procedures are consistent with
16this Section. Such agreement may be amended at any time as
17provided in the joint agreement or, if the joint agreement does
18not so provide, then such agreement may be amended at any time
19upon the adoption of concurring resolutions by the school
20boards of all member districts, provided that no later than 6
21months after August 28, 2009 (the effective date of Public Act
2296-783), all existing agreements shall be amended to be
23consistent with Public Act 96-783. Such an amendment may
24include the removal of a school district from or the addition
25of a school district to the joint agreement without a petition
26as otherwise required in this Section if all member districts



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1adopt concurring resolutions to that effect. A fully executed
2copy of any such agreement or amendment entered into on or
3after January 1, 1989 shall be filed with the State Board of
4Education. Petitions for withdrawal shall be made to the
5regional board or boards of school trustees exercising
6oversight or governance over any of the districts in the joint
7agreement. Upon receipt of a petition for withdrawal, the
8regional board of school trustees shall publish notice of and
9conduct a hearing or, in instances in which more than one
10regional board of school trustees exercises oversight or
11governance over any of the districts in the joint agreement, a
12joint hearing, in accordance with rules adopted by the State
13Board of Education. In instances in which a single regional
14board of school trustees holds the hearing, approval of the
15petition must be by a two-thirds majority vote of the school
16trustees. In instances in which a joint hearing of 2 or more
17regional boards of school trustees is required, approval of the
18petition must be by a two-thirds majority of all those school
19trustees present and voting. Notwithstanding the provisions of
20Article 6 of this Code, in instances in which the competent
21regional board or boards of school trustees has been abolished,
22petitions for withdrawal shall be made to the school boards of
23those districts that fall under the oversight or governance of
24the abolished regional board of school trustees in accordance
25with rules adopted by the State Board of Education. If any
26petition is approved pursuant to this subsection (a), the



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1withdrawal takes effect as provided in Section 7-9 of this Act.
2The changes to this Section made by Public Act 96-769 apply to
3all changes to special education joint agreement membership
4initiated after July 1, 2009.
5    (b) To either (1) designate an administrative district to
6act as fiscal and legal agent for the districts that are
7parties to the joint agreement, or (2) designate a governing
8board composed of one member of the school board of each
9cooperating district and designated by such boards to act in
10accordance with the joint agreement. No such governing board
11may levy taxes and no such governing board may incur any
12indebtedness except within an annual budget for the joint
13agreement approved by the governing board and by the boards of
14at least a majority of the cooperating school districts or a
15number of districts greater than a majority if required by the
16joint agreement. The governing board may appoint an executive
17board of at least 7 members to administer the joint agreement
18in accordance with its terms. However, if 7 or more school
19districts are parties to a joint agreement that does not have
20an administrative district: (i) at least a majority of the
21members appointed by the governing board to the executive board
22shall be members of the school boards of the cooperating
23districts; or (ii) if the governing board wishes to appoint
24members who are not school board members, they shall be
25superintendents from the cooperating districts.
26    (c) To employ a full-time director of special education of



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1the joint agreement program under a one-year or multi-year
2contract. No such contract can be offered or accepted for less
3than one year. Such contract may be discontinued at any time by
4mutual agreement of the contracting parties, or may be extended
5for an additional one-year or multi-year period at the end of
6any year.
7    The contract year is July 1 through the following June
830th, unless the contract specifically provides otherwise.
9Notice of intent not to renew a contract when given by a
10controlling board or administrative district must be in writing
11stating the specific reason therefor. Notice of intent not to
12renew the contract must be given by the controlling board or
13the administrative district at least 90 days before the
14contract expires. Failure to do so will automatically extend
15the contract for one additional year.
16    By accepting the terms of the contract, the director of a
17special education joint agreement waives all rights granted
18under Sections 24-11 through 24-16 for the duration of his or
19her employment as a director of a special education joint
21    (d) To designate a district that is a party to the joint
22agreement as the issuer of bonds or notes for the purposes and
23in the manner provided in this Section. It is not necessary for
24such district to also be the administrative district for the
25joint agreement, nor is it necessary for the same district to
26be designated as the issuer of all series of bonds or notes



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1issued hereunder. Any district so designated may, from time to
2time, borrow money and, in evidence of its obligation to repay
3the borrowing, issue its negotiable bonds or notes for the
4purpose of acquiring, constructing, altering, repairing,
5enlarging and equipping any building or portion thereof,
6together with any land or interest therein, necessary to
7provide special educational facilities and services as defined
8in Section 14-1.08. Title in and to any such facilities shall
9be held in accordance with the joint agreement.
10    Any such bonds or notes shall be authorized by a resolution
11of the board of education of the issuing district. The
12resolution may contain such covenants as may be deemed
13necessary or advisable by the district to assure the payment of
14the bonds or notes. The resolution shall be effective
15immediately upon its adoption.
16    Prior to the issuance of such bonds or notes, each school
17district that is a party to the joint agreement shall agree,
18whether by amendment to the joint agreement or by resolution of
19the board of education, to be jointly and severally liable for
20the payment of the bonds and notes. The bonds or notes shall be
21payable solely and only from the payments made pursuant to such
23    Neither the bonds or notes nor the obligation to pay the
24bonds or notes under any joint agreement shall constitute an
25indebtedness of any district, including the issuing district,
26within the meaning of any constitutional or statutory



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2    As long as any bonds or notes are outstanding and unpaid,
3the agreement by a district to pay the bonds and notes shall be
4irrevocable notwithstanding the district's withdrawal from
5membership in the joint special education program.
6    (e) If a district whose employees are on strike was, prior
7to the strike, sending students with disabilities to special
8educational facilities and services in another district or
9cooperative, the district affected by the strike shall continue
10to send such students during the strike and shall be eligible
11to receive appropriate State reimbursement.
12    (f) With respect to those joint agreements that have a
13governing board composed of one member of the school board of
14each cooperating district and designated by those boards to act
15in accordance with the joint agreement, the governing board
16shall have, in addition to its other powers under this Section,
17the authority to issue bonds or notes for the purposes and in
18the manner provided in this subsection. The governing board of
19the joint agreement may from time to time borrow money and, in
20evidence of its obligation to repay the borrowing, issue its
21negotiable bonds or notes for the purpose of acquiring,
22constructing, altering, repairing, enlarging and equipping any
23building or portion thereof, together with any land or interest
24therein, necessary to provide special educational facilities
25and services as defined in Section 14-1.08 and including also
26facilities for activities of administration and educational



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1support personnel employees. Title in and to any such
2facilities shall be held in accordance with the joint
4    Any such bonds or notes shall be authorized by a resolution
5of the governing board. The resolution may contain such
6covenants as may be deemed necessary or advisable by the
7governing board to assure the payment of the bonds or notes and
8interest accruing thereon. The resolution shall be effective
9immediately upon its adoption.
10    Each school district that is a party to the joint agreement
11shall be automatically liable, by virtue of its membership in
12the joint agreement, for its proportionate share of the
13principal amount of the bonds and notes plus interest accruing
14thereon, as provided in the resolution. Subject to the joint
15and several liability hereinafter provided for, the resolution
16may provide for different payment schedules for different
17districts except that the aggregate amount of scheduled
18payments for each district shall be equal to its proportionate
19share of the debt service in the bonds or notes based upon the
20fraction that its equalized assessed valuation bears to the
21total equalized assessed valuation of all the district members
22of the joint agreement as adjusted in the manner hereinafter
23provided. In computing that fraction the most recent available
24equalized assessed valuation at the time of the issuance of the
25bonds and notes shall be used, and the equalized assessed
26valuation of any district maintaining grades K to 12 shall be



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1doubled in both the numerator and denominator of the fraction
2used for all of the districts that are members of the joint
3agreement. In case of default in payment by any member, each
4school district that is a party to the joint agreement shall
5automatically be jointly and severally liable for the amount of
6any deficiency. The bonds or notes and interest thereon shall
7be payable solely and only from the funds made available
8pursuant to the procedures set forth in this subsection. No
9project authorized under this subsection may require an annual
10contribution for bond payments from any member district in
11excess of 0.15% of the value of taxable property as equalized
12or assessed by the Department of Revenue in the case of
13districts maintaining grades K-8 or 9-12 and 0.30% of the value
14of taxable property as equalized or assessed by the Department
15of Revenue in the case of districts maintaining grades K-12.
16This limitation on taxing authority is expressly applicable to
17taxing authority provided under Section 17-9 and other
18applicable Sections of this Act. Nothing contained in this
19subsection shall be construed as an exception to the property
20tax limitations contained in Section 17-2, 17-2.2a, 17-5, or
21any other applicable Section of this Act.
22    Neither the bonds or notes nor the obligation to pay the
23bonds or notes under any joint agreement shall constitute an
24indebtedness of any district within the meaning of any
25constitutional or statutory limitation.
26    As long as any bonds or notes are outstanding and unpaid,



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1the obligation of a district to pay its proportionate share of
2the principal of and interest on the bonds and notes as
3required in this Section shall be a general obligation of the
4district payable from any and all sources of revenue designated
5for that purpose by the board of education of the district and
6shall be irrevocable notwithstanding the district's withdrawal
7from membership in the joint special education program.
8    (g) A member district wishing to withdraw from a joint
9agreement may obtain from its school board a written resolution
10approving the withdrawal. The withdrawing district must then
11present a written petition for withdrawal from the joint
12agreement to the other member districts within such timelines
13designated by the joint agreement. A member district wishing to
14withdraw from a joint agreement under this subsection (g) must
15present to its school board and the other member districts
16evidence that it has a comprehensive plan for educating a wide
17range of students with disabilities, including a full continuum
18of support and services, and that it has an appropriate plan
19for educating all currently enrolled students with
20disabilities upon withdrawal from the joint agreement. Upon
21approval by school board written resolution of all of the
22remaining member districts, the petitioning member district
23shall be withdrawn from the joint agreement effective the
24following July 1 and shall notify the State Board of Education
25of the approved withdrawal in writing. If the petition for
26withdrawal is not approved and the petitioning member district



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1is a part of a Class II county school unit outside of a city of
2500,000 or more inhabitants, the petitioning member district
3may appeal the disapproval decision to the trustees of schools
4of the township that has jurisdiction and authority over the
5withdrawing district. If a withdrawing district is not under
6the jurisdiction and authority of the trustees of schools of a
7township, a hearing panel shall be established by the chief
8administrative officer of the intermediate service center
9having jurisdiction over the withdrawing district. The hearing
10panel shall be made up of 3 persons who have a demonstrated
11interest and background in education. Each hearing panel member
12must reside within an educational service region of 2,000,000
13or more inhabitants but not within the withdrawing district and
14may not be a current school board member or employee of the
15withdrawing district or hold any county office. None of the
16hearing panel members may reside within the same school
17district. The hearing panel shall serve without remuneration;
18however, the necessary expenses, including travel, attendant
19upon any meeting or hearing in relation to these proceedings
20must be paid. If the trustees of schools of the township having
21jurisdiction and authority over the withdrawing district or the
22hearing panel established by the chief administrative officer
23of the intermediate service center having jurisdiction over the
24withdrawing district approves the petition for withdrawal,
25then the petitioning member district shall be withdrawn from
26the joint agreement effective the following July 1 and shall



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1notify the State Board of Education of the approved withdrawal
2in writing.
3    (g-5) This subsection (g-5) applies to school districts
4located in whole or part in a county with a population
5exceeding 5,000,000 inhabitants and joint agreements involved
6in a withdrawal under subsection (g) of this Section effective
7on July 1, 2018. A student attending a school under a joint
8agreement program in the school year immediately prior to the
9effective date of the school district withdrawing from the
10agreement shall be permitted to remain placed in the joint
11agreement program if the student is a resident of the
12withdrawing school district, the joint agreement maintains the
13program, the student's individualized education program team
14makes a determination that the program is the most appropriate
15program to meet the student's needs, and the student remains
16age appropriate for the program. A student shall be permitted
17to attend the joint agreement program under this subsection
18(g-5) regardless of whether the joint agreement bylaws prohibit
19attendance from non-member district students. If a student from
20the withdrawing district attends the joint agreement's
21program, the withdrawing district shall be responsible for the
22per capita cost of the student's attendance as calculated under
23Section 14-7.01 of this Code, plus a per student share of fees
24that would have been paid to the joint agreement for membership
25and administrative costs associated with educating the student
26in the joint agreement's program, and transportation of the



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1student to the joint agreement's program. For purposes of this
2subsection (g-5), the per student share of fees that would have
3been paid to the joint agreement for membership and
4administrative costs associated with educating a student in the
5joint agreement's program shall be negotiated between the
6withdrawing school district and the joint agreement program no
7later than August 1, 2018. If the withdrawing school district
8and the joint agreement program fail to come to a negotiated
9agreement on or before August 1, 2018, the State Board of
10Education shall determine the per student share of fees at its
11next regularly scheduled meeting. This subsection (g-5) does
12not apply to any student who moves outside of the boundaries of
13a school district that is or was a member of a special
14education joint agreement involved in a withdrawal effective on
15July 1, 2018. No interpretations or precedent for future
16actions with other joint agreements or school districts may be
17taken 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
20apply to withdrawals from or dissolutions of special education
21joint agreements initiated after August 28, 2009 (the effective
22date of Public Act 96-783).
23    (i) Notwithstanding subsections (a), (g), and (h) of this
24Section or any other provision of this Code to the contrary, an
25elementary school district that maintains grades up to and
26including grade 8, that had a 2014-2015 best 3 months' average



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1daily attendance of 5,209.57, and that had a 2014 equalized
2assessed valuation of at least $451,500,000, but not more than
3$452,000,000, may withdraw from its special education joint
4agreement program consisting of 6 school districts upon
5submission and approval of the comprehensive plan, in
6compliance with the applicable requirements of Section 14-4.01
7of this Code, in addition to the approval by the school board
8of the elementary school district and notification to and the
9filing of an intent to withdraw statement with the governing
10board of the joint agreement program. Such notification and
11statement shall specify the effective date of the withdrawal,
12which in no case shall be less than 60 days after the date of
13the filing of the notification and statement. Upon receipt of
14the notification and statement, the governing board of the
15joint agreement program shall distribute a copy to each member
16district of the joint agreement and shall initiate any
17appropriate allocation of assets and liabilities among the
18remaining member districts to take effect upon the date of the
19withdrawal. The withdrawal shall take effect upon the date
20specified 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
23becoming law.".