Sen. John G. Mulroe

Filed: 4/12/2018





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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 withdrawing from the joint agreement is in the
17best needs of a child. Upon approval by school board written
18resolution of all of the remaining member districts, the
19petitioning member district shall be withdrawn from the joint
20agreement effective the following July 1 and shall notify the
21State Board of Education of the approved withdrawal in writing.
22If the petition for withdrawal is not approved and the
23petitioning member district is a part of a Class II county
24school unit outside of a city of 500,000 or more inhabitants,
25the petitioning member district may appeal the disapproval
26decision to the trustees of schools of the township that has



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22member district shall be withdrawn from the joint agreement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



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1prior to the withdrawal, sending students with disabilities to
2special educational facilities and services in another
3district under the joint agreement, the student may continue to
4use the facilities and services of the other district,
5regardless of the district in which the student resides, and
6the district in which the student resides shall pay the cost of
7those services.
8    (h) The changes to this Section made by Public Act 96-783
9apply to withdrawals from or dissolutions of special education
10joint agreements initiated after August 28, 2009 (the effective
11date of Public Act 96-783).
12    (i) Notwithstanding subsections (a), (g), and (h) of this
13Section or any other provision of this Code to the contrary, an
14elementary school district that maintains grades up to and
15including grade 8, that had a 2014-2015 best 3 months' average
16daily attendance of 5,209.57, and that had a 2014 equalized
17assessed valuation of at least $451,500,000, but not more than
18$452,000,000, may withdraw from its special education joint
19agreement program consisting of 6 school districts upon
20submission and approval of the comprehensive plan, in
21compliance with the applicable requirements of Section 14-4.01
22of this Code, in addition to the approval by the school board
23of the elementary school district and notification to and the
24filing of an intent to withdraw statement with the governing
25board of the joint agreement program. Such notification and
26statement shall specify the effective date of the withdrawal,



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1which in no case shall be less than 60 days after the date of
2the filing of the notification and statement. Upon receipt of
3the notification and statement, the governing board of the
4joint agreement program shall distribute a copy to each member
5district of the joint agreement and shall initiate any
6appropriate allocation of assets and liabilities among the
7remaining member districts to take effect upon the date of the
8withdrawal. The withdrawal shall take effect upon the date
9specified in the notification and statement.
10(Source: P.A. 99-729, eff. 8-5-16; 100-66, eff. 8-11-17.)
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".