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90_HB2614eng
105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
Amends the School Code. Makes changes of style and
punctuation and adds a gender neutral reference to a Section
of the School Code relating to the suspension or expulsion of
pupils.
LRB9009205THcd
HB2614 Engrossed LRB9009205THcd
1 AN ACT to amend the School Code by changing Sections
2 9-12.1, 10-5, 10-16, 10-22.31, and 10-22.32.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 9-12.1, 10-5, 10-16, 10-22.31, and 10-22.32 as
7 follows:
8 (105 ILCS 5/9-12.1) (from Ch. 122, par. 9-12.1)
9 Sec. 9-12.1. (a) On the reverse side of each ballot
10 contained in Section 9-12, except the ballot under Format 6,
11 shall be printed the following:
12 OFFICIAL BALLOT
13 ..... County, Illinois
14 School District No. ...., ...... County, Illinois
15 Election Tuesday, ...., 19...
16 (facsimile signature of the election authority)
17 (b) If 6-year terms have been adopted under Section 9-5,
18 or if a ballot is to be used to elect a member or members of
19 a board of school directors or board of education at the
20 consolidated election held in April of 1999 or April of 2001
21 to a full term that is less than a 4-year term, appropriate
22 adjustments should be made to each ballot in Section 9-12. In
23 the case of any unexpired term each ballot format must
24 indicate whether it is a 4-year or a 2-year unexpired term.
25 (Source: P.A. 84-1338.)
26 (105 ILCS 5/10-5) (from Ch. 122, par. 10-5)
27 Sec. 10-5. Organization of board - Report to treasurer
28 and regional superintendent of schools. Within 7 days after
29 the regular election of directors, the directors shall meet
30 and organize by appointing one of their number president and
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1 another as clerk, except that when directors are elected at
2 the consolidated elections in April of 1999 and April of
3 2001, the directors shall meet and organize, in the manner
4 provided by this Section, within 7 days after the first
5 Tuesday after the first Monday of November in each of those 2
6 years. The clerk shall at once report to the treasurer and
7 regional superintendent of schools the names of the president
8 and clerk so appointed. Upon organizing itself as provided
9 in this Section, the board of school directors shall enter
10 upon the discharge of its duties. Terms of members are
11 subject to Section 2A-54 of the Election Code.
12 (Source: P.A. 90-358, eff. 1-1-98.)
13 (105 ILCS 5/10-16) (from Ch. 122, par. 10-16)
14 Sec. 10-16. Organization of Board. Within 7 days after
15 the consolidated election, other than the consolidated
16 elections in 1999 and 2001, the board shall organize by
17 electing its officers and fixing a time and place for the
18 regular meetings. However, when school board members are
19 elected at the consolidated elections held in April of 1999
20 and April of 2001, the board shall organize within 7 days
21 after the first Tuesday after the first Monday of November in
22 each such year by electing officers and setting the time and
23 place of the regular meetings. Upon organizing itself as
24 provided in this paragraph, the board It shall then enter
25 upon the discharge of its duties.
26 The regional superintendent of schools having supervision
27 and control, over the district as provided in Section 3-14.2,
28 of a new school district that is governed by the School Code
29 and formed on or after the effective date of this amendatory
30 Act of 1998 this Act shall convene the newly elected board
31 within 7 days after the election of the board of education of
32 that any new district governed by this Act, whereupon the
33 board shall proceed to organize by electing one 1 of their
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1 number as president and electing a secretary, who may or may
2 not be a member. At such meeting the length of term of each
3 of the members shall be determined by lot so that 4 shall
4 serve for 4 years, and 3 for 2 years from the commencement of
5 their terms; provided, however, if such members were not
6 elected at the consolidated nonpartisan election in an
7 odd-numbered year, such initial terms shall be extended to
8 the consolidated nonpartisan election for school board
9 members immediately following the expiration of the initial 4
10 or 2 year terms. The provisions of this paragraph that relate
11 to the determination of terms by lot shall not apply to the
12 initial members of the board of education of a combined
13 school district who are to be elected to unstaggered terms as
14 provided in subsection (a-5) of Section 11B-7.
15 The terms of the officers of a board of education shall
16 be for 2 years, except that the terms of the officers elected
17 at the organization meeting in November, 2001 shall expire at
18 the organization meeting in April, 2003; provided that the
19 board by resolution may establish a policy for the terms of
20 office to be one year, and provide for the election of
21 officers.
22 Special meetings of the board of education may be called
23 by the president or by any 3 members of the board by giving
24 notice thereof in writing, stating the time, place and
25 purpose of the meeting. Such notice may be served by mail 48
26 hours before such meeting or by personal service 24 hours
27 before such meeting. Public notice of meetings must also be
28 given as prescribed in Sections 2.02 and 2.03 of the Open
29 Meetings Act, as now or hereafter amended.
30 At each regular and special meeting which is open to the
31 public, members of the public and employees of the district
32 shall be afforded time, subject to reasonable constraints, to
33 comment to or ask questions of the board.
34 The president or district superintendent shall, at each
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1 regular board meeting, report any requests made of the
2 district under provisions of The Freedom of Information Act
3 and shall report the status of the district's response.
4 (Source: P.A. 90-459, eff. 8-17-97.)
5 (105 ILCS 5/10-22.31) (from Ch. 122, par. 10-22.31)
6 Sec. 10-22.31. Special education.
7 (a) To enter into joint agreements with other school
8 boards to provide the needed special educational facilities
9 and to employ a director and other professional workers as
10 defined in Section 14-1.10 and to establish facilities as
11 defined in Section 14-1.08 for the types of children
12 described in Sections 14-1.02 through 14-1.07. The director
13 (who may be employed under a multi-year contract as provided
14 in subsection (c) of this Section) and other professional
15 workers may be employed by one district, which shall be
16 reimbursed on a mutually agreed basis by other districts that
17 are parties to the joint agreement. Such agreements may
18 provide that one district may supply professional workers for
19 a joint program conducted in another district. Such
20 agreement shall provide that any full-time school
21 psychologist who is employed by a joint agreement program and
22 spends over 50% of his or her time in one school district
23 shall not be required to work a different teaching schedule
24 than the other school psychologists in that district. Such
25 agreement shall include, but not be limited to, provisions
26 for administration, staff, programs, financing, housing,
27 transportation, an advisory body, and for the withdrawal of
28 districts from the joint agreement. Except as otherwise
29 provided in Section 10-22.31.1, the withdrawal of districts
30 from the joint agreement shall be by petition to the regional
31 board of school trustees. Such agreement may be amended at
32 any time as provided in the joint agreement or, if the joint
33 agreement does not so provide, then such agreement may be
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1 amended at any time upon the adoption of concurring
2 resolutions by the school boards of all member districts. A
3 fully executed copy of any such agreement or amendment
4 entered into on or after January 1, 1989 shall be filed with
5 the State Board of Education. Such petitions for withdrawal
6 shall be made to the regional board of school trustees of all
7 counties having jurisdiction over one or more of the
8 districts in the joint agreement. Upon receipt of a petition
9 for withdrawal, the regional boards of school trustees having
10 jurisdiction over the cooperating districts shall publish
11 notice of and conduct a joint hearing on the issue as
12 provided in Section 7-6. No such petition may be considered,
13 however, unless in compliance with Section 7-8. If approved
14 by a 2/3 vote of all trustees of those regional boards, at a
15 joint meeting, the withdrawal takes effect as provided in
16 Section 7-9 of this Act.
17 (b) To either (1) designate an administrative district
18 to act as fiscal and legal agent for the districts that are
19 parties to the joint agreement, or (2) designate a governing
20 board composed of one member of the school board of each
21 cooperating district and designated by such boards to act in
22 accordance with the joint agreement. No such governing board
23 may levy taxes and no such governing board may incur any
24 indebtedness except within an annual budget for the joint
25 agreement approved by the governing board and by the boards
26 of at least a majority of the cooperating school districts or
27 a number of districts greater than a majority if required by
28 the joint agreement. If more than 17 school districts are
29 parties to the joint agreement, The governing board may
30 appoint an executive board of at least 7 members to
31 administer the joint agreement in accordance with its terms.
32 However, if 7 or more 20 school districts, a majority of
33 which are located wholly or partially in a county with a
34 population in excess of 3,000,000 inhabitants, are parties to
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1 a joint agreement that does not have an administrative
2 district: (i) at least a majority of the members appointed
3 by the governing board to the executive board shall be
4 members of the school boards of the cooperating districts; or
5 and (ii) if the governing board wishes to appoint members who
6 are not school board members, they shall be superintendents
7 from the cooperating districts.
8 (c) To employ a director of a joint agreement program
9 under a multi-year contract. No such contract can be offered
10 or accepted for less than or more than 3 years, except for a
11 person serving as a director of a special education joint
12 agreement for the first time in Illinois. In such a case,
13 the initial contract shall be for a 2 year period. Such
14 contract may be discontinued at any time by mutual agreement
15 of the contracting parties, or may be extended for an
16 additional 3 years at the end of any year.
17 The contract year is July 1 through the following June
18 30th, unless the contract specifically provides otherwise.
19 Notice of intent not to renew a contract when given by a
20 controlling board or administrative district must be in
21 writing stating the specific reason therefor. Notice of
22 intent not to renew the contract must be given by the
23 controlling board or the administrative district at least 90
24 days before the contract expires. Failure to do so will
25 automatically extend the contract for one additional year.
26 By accepting the terms of the multi-year contract, the
27 director of a special education joint agreement waives all
28 rights granted under Sections 24-11 through 24-16 for the
29 duration of his or her employment as a director of a special
30 education joint agreement.
31 (d) To designate a district that is a party to the joint
32 agreement as the issuer of bonds or notes for the purposes
33 and in the manner provided in this Section. It is not
34 necessary for such district to also be the administrative
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1 district for the joint agreement, nor is it necessary for the
2 same district to be designated as the issuer of all series of
3 bonds or notes issued hereunder. Any district so designated
4 may, from time to time, borrow money and, in evidence of its
5 obligation to repay the borrowing, issue its negotiable bonds
6 or notes for the purpose of acquiring, constructing,
7 altering, repairing, enlarging and equipping any building or
8 portion thereof, together with any land or interest therein,
9 necessary to provide special educational facilities and
10 services as defined in Section 14-1.08. Title in and to any
11 such facilities shall be held in accordance with the joint
12 agreement.
13 Any such bonds or notes shall be authorized by a
14 resolution of the board of education of the issuing district.
15 The resolution may contain such covenants as may be deemed
16 necessary or advisable by the district to assure the payment
17 of the bonds or notes. The resolution shall be effective
18 immediately upon its adoption.
19 Prior to the issuance of such bonds or notes, each school
20 district that is a party to the joint agreement shall agree,
21 whether by amendment to the joint agreement or by resolution
22 of the board of education, to be jointly and severally liable
23 for the payment of the bonds and notes. The bonds or notes
24 shall be payable solely and only from the payments made
25 pursuant to such agreement.
26 Neither the bonds or notes nor the obligation to pay the
27 bonds or notes under any joint agreement shall constitute an
28 indebtedness of any district, including the issuing district,
29 within the meaning of any constitutional or statutory
30 limitation.
31 As long as any bonds or notes are outstanding and unpaid,
32 the agreement by a district to pay the bonds and notes shall
33 be irrevocable notwithstanding the district's withdrawal from
34 membership in the joint special education program.
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1 (e) If a district whose employees are on strike was,
2 prior to the strike, sending students with disabilities to
3 special educational facilities and services in another
4 district or cooperative, the district affected by the strike
5 shall continue to send such students during the strike and
6 shall be eligible to receive appropriate State reimbursement.
7 (f) With respect to those joint agreements that have a
8 governing board composed of one member of the school board of
9 each cooperating district and designated by those boards to
10 act in accordance with the joint agreement, the governing
11 board shall have, in addition to its other powers under this
12 Section, the authority to issue bonds or notes for the
13 purposes and in the manner provided in this subsection. The
14 governing board of the joint agreement may from time to time
15 borrow money and, in evidence of its obligation to repay the
16 borrowing, issue its negotiable bonds or notes for the
17 purpose of acquiring, constructing, altering, repairing,
18 enlarging and equipping any building or portion thereof,
19 together with any land or interest therein, necessary to
20 provide special educational facilities and services as
21 defined in Section 14-1.08 and including also facilities for
22 activities of administration and educational support
23 personnel employees. Title in and to any such facilities
24 shall be held in accordance with the joint agreement.
25 Any such bonds or notes shall be authorized by a
26 resolution of the governing board. The resolution may
27 contain such covenants as may be deemed necessary or
28 advisable by the governing board to assure the payment of the
29 bonds or notes and interest accruing thereon. The resolution
30 shall be effective immediately upon its adoption.
31 Each school district that is a party to the joint
32 agreement shall be automatically liable, by virtue of its
33 membership in the joint agreement, for its proportionate
34 share of the principal amount of the bonds and notes plus
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1 interest accruing thereon, as provided in the resolution.
2 Subject to the joint and several liability hereinafter
3 provided for, the resolution may provide for different
4 payment schedules for different districts except that the
5 aggregate amount of scheduled payments for each district
6 shall be equal to its proportionate share of the debt service
7 in the bonds or notes based upon the fraction that its
8 equalized assessed valuation bears to the total equalized
9 assessed valuation of all the district members of the joint
10 agreement as adjusted in the manner hereinafter provided. In
11 computing that fraction the most recent available equalized
12 assessed valuation at the time of the issuance of the bonds
13 and notes shall be used, and the equalized assessed valuation
14 of any district maintaining grades K to 12 shall be doubled
15 in both the numerator and denominator of the fraction used
16 for all of the districts that are members of the joint
17 agreement. In case of default in payment by any member, each
18 school district that is a party to the joint agreement shall
19 automatically be jointly and severally liable for the amount
20 of any deficiency. The bonds or notes and interest thereon
21 shall be payable solely and only from the funds made
22 available pursuant to the procedures set forth in this
23 subsection. No project authorized under this subsection may
24 require an annual contribution for bond payments from any
25 member district in excess of 0.15% of the value of taxable
26 property as equalized or assessed by the Department of
27 Revenue in the case of districts maintaining grades K-8 or
28 9-12 and 0.30% of the value of taxable property as equalized
29 or assessed by the Department of Revenue in the case of
30 districts maintaining grades K-12. This limitation on taxing
31 authority is expressly applicable to taxing authority
32 provided under Section 17-9 and other applicable Sections of
33 this Act. Nothing contained in this subsection shall be
34 construed as an exception to the property tax limitations
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1 contained in Section 17-2, 17-2.2a, 17-5, or any other
2 applicable Section of this Act.
3 Neither the bonds or notes nor the obligation to pay the
4 bonds or notes under any joint agreement shall constitute an
5 indebtedness of any district within the meaning of any
6 constitutional or statutory limitation.
7 As long as any bonds or notes are outstanding and unpaid,
8 the obligation of a district to pay its proportionate share
9 of the principal of and interest on the bonds and notes as
10 required in this Section shall be a general obligation of the
11 district payable from any and all sources of revenue
12 designated for that purpose by the board of education of the
13 district and shall be irrevocable notwithstanding the
14 district's withdrawal from membership in the joint special
15 education program.
16 (Source: P.A. 89-397, eff. 8-20-95; 89-613, eff. 8-9-96;
17 89-626, eff. 8-9-96; 90-103, eff. 7-11-97; 90-515, eff.
18 8-22-97; revised 11-13-97.)
19 (105 ILCS 5/10-22.32) (from Ch. 122, par. 10-22.32)
20 Sec. 10-22.32. To authorize the advancement to school
21 board members the anticipated actual and necessary expenses
22 incurred in attending the following meetings:
23 1. Meetings sponsored by the State Board of Education or
24 by the regional superintendents of schools,
25 2. County or regional meetings and the annual meeting
26 sponsored by any school board association complying with the
27 provisions of Article 23 of this Act, and
28 3. Meetings sponsored by a national organization in the
29 field of public school education.
30 The school board may advance to teachers and other
31 certified employees the anticipated actual and necessary
32 expenses incurred in attending meetings which are related to
33 that employee's duties and will contribute to the
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1 professional development of that employee.
2 Such advanced actual and necessary expenses are those
3 reasonably anticipated to be incurred on the days necessary
4 for travel to and from and for attendance at such meetings.
5 After a meeting for which money was advanced to a school
6 board member or teacher or other certified employee for
7 actual and necessary expenses, such member or employee shall
8 submit an itemized verified expense voucher showing the
9 amount of his actual expenses. Receipts shall be attached
10 where possible. If the actual and necessary expenses exceed
11 the amount advanced, the member or employee shall be
12 reimbursed for the amount not advanced. If the actual and
13 necessary expenses are less than the amount advanced, the
14 member or employee shall refund the excess amount.
15 For purposes of this Section only, a person elected at
16 the consolidated election held in April of 1999 or April of
17 2001 to serve as a school board member for a term commencing
18 upon the termination of his or her predecessor's term of
19 office shall be deemed to be a school board member for whom
20 moneys of the school district may be advanced and expended
21 under this Section in order to provide, or to arrange for a
22 school board association that complies with Article 23 to
23 provide, to that person, after he or she has been elected and
24 before his or her term of office as a school board member
25 commences, training in matters relating to the powers,
26 duties, and responsibilities of school board membership.
27 Notwithstanding any other provisions of this Section
28 10-22.32, no money for expenses shall be advanced nor shall
29 any member or employee be reimbursed, for any expenses
30 incurred on behalf of any person other than such member, or
31 employee, or person deemed to be a school board member for
32 purposes of this Section.
33 (Source: P.A. 85-389.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.