Illinois General Assembly - Full Text of Public Act 096-0783
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Public Act 096-0783


 

Public Act 0783 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0783
 
SB0611 Enrolled LRB096 06680 NHT 16764 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 3. The Local Government Property Transfer Act is
amended by changing Section 1 as follows:
 
    (50 ILCS 605/1)  (from Ch. 30, par. 156)
    Sec. 1. When used in this Act:
    (a) The term "transferor municipality" shall mean a
municipal corporation transferring real estate or any interest
therein, under the provisions of this Act.
    (b) The term "transferee municipality" shall mean a
municipal corporation or 2 or more school districts operating a
cooperative or joint educational program pursuant to Section
10-22.31 of the School Code receiving a transfer of real estate
or any interest therein under provisions of this Act.
    (c) The term "municipality" whether used by itself or in
conjunction with other words, as in (a) or (b) above, shall
mean and include any municipal corporation or political
subdivision organized and existing under the laws of the State
of Illinois and including, but without limitation, any city,
village, or incorporated town, whether organized under a
special charter or under the General Act, or whether operating
under the commission or managerial form of government, county,
school districts, trustees of schools, boards of education, 2
or more school districts operating a cooperative or joint
educational program pursuant to Section 10-22.31 of the School
Code, sanitary district or sanitary district trustees, forest
preserve district or forest preserve district commissioner,
park district or park commissioners, airport authority and
township.
    (d) The term "restriction" shall mean any condition,
limitation, qualification, reversion, possibility of
reversion, covenant, agreement or restraint of whatever kind or
nature, the effect of which is to restrict the use or ownership
of real estate by a municipality as defined in (c) above.
    (e) The term "corporate authorities" shall mean the members
of the legislative body of any municipality as defined in (c)
above.
    (f) The term "held" or any form thereof, when used in
reference to the interest of a municipality in real estate
shall be taken and construed to refer to and include all of the
right, title and interest of such municipality of whatever kind
or nature, in and to such real estate.
    (g) Each of the terms above defined and the terms contained
in the definition of each of said terms shall be taken and
construed to include the plural form thereof.
    (h) The term "Local Improvement Act" shall mean an Act of
the General Assembly of the State of Illinois entitled "An Act
concerning local improvements," approved June 14, 1897, and the
amendments thereto.
    (i) The term "State of Illinois" shall mean the State of
Illinois or any department, commission, board or other agency
of the State.
(Source: P.A. 82-783.)
 
    Section 5. The School Code is amended by changing Sections
2-3.117a and 10-22.31 as follows:
 
    (105 ILCS 5/2-3.117a)
    Sec. 2-3.117a. School Technology Revolving Loan Program.
    (a) The State Board of Education is authorized to
administer a School Technology Revolving Loan Program from
funds appropriated from the School Technology Revolving Loan
Fund for the purpose of making the financing of school
technology hardware improvements affordable and making the
integration of technology in the classroom possible. School
technology loans shall be made available to public school
districts, charter schools, area vocational centers, and
laboratory schools, and State-recognized, non-public schools
to purchase technology hardware for eligible grade levels on a
2-year rotating basis: grades 9 through 12 in fiscal year 2004
and each second year thereafter and grades K through 8 in
fiscal year 2005 and each second year thereafter. However,
priority shall be given to public school districts, charter
schools, area vocational centers, and laboratory schools that
apply prior to October 1 of each year.
    The State Board of Education shall determine the interest
rate the loans shall bear which shall not be greater than 50%
of the rate for the most recent date shown in the 20 G.O. Bonds
Index of average municipal bond yields as published in the most
recent edition of The Bond Buyer, published in New York, New
York. The repayment period for School Technology Revolving
Loans shall not exceed 3 years. Participants shall use at least
90% of the loan proceeds for technology hardware investments
for students and staff (including computer hardware,
technology networks, related wiring, and other items as defined
in rules adopted by the State Board of Education) and up to 10%
of the loan proceeds for computer furniture. No participant
whose equalized assessed valuation per pupil in average daily
attendance is at the 99th percentile and above for all
districts of the same type shall be eligible to receive a
School Technology Revolving Loan under the provisions of this
Section for that year.
    The State Board of Education shall have the authority to
adopt all rules necessary for the implementation and
administration of the School Technology Revolving Loan
Program, including, but not limited to, rules defining
application procedures, prescribing a maximum amount per pupil
that may be requested annually by districts, requiring
appropriate local commitments for technology investments,
prescribing a mechanism for disbursing loan funds in the event
requests exceed available funds, specifying collateral, and
prescribing actions necessary to protect the State's interest
in the event of default, foreclosure, or noncompliance with the
terms and conditions of the loans, and prescribing a mechanism
for reclaiming any items or equipment purchased with the loan
funds in the case of the closure of a non-public school.
    (b) There is created in the State treasury the School
Technology Revolving Loan Fund. The State Board shall have the
authority to make expenditures from the Fund pursuant to
appropriations made for the purposes of this Section. There
shall be deposited into the Fund such amounts, including but
not limited to:
        (1) Transfers from the School Infrastructure Fund;
        (2) All receipts, including principal and interest
    payments, from any loan made from the Fund;
        (3) All proceeds of assets of whatever nature received
    by the State Board as a result of default or delinquency
    with respect to loans made from the Fund;
        (4) Any appropriations, grants, or gifts made to the
    Fund; and
        (5) Any income received from interest on investments of
    money in the Fund.
(Source: P.A. 93-368, eff. 7-24-03.)
 
    (105 ILCS 5/10-22.31)  (from Ch. 122, par. 10-22.31)
    Sec. 10-22.31. Special education.
    (a) To enter into joint agreements with other school boards
to provide the needed special educational facilities and to
employ a director and other professional workers as defined in
Section 14-1.10 and to establish facilities as defined in
Section 14-1.08 for the types of children described in Sections
14-1.02 and 14-1.03a through 14-1.07. The director (who may be
employed under a multi-year contract as provided in subsection
(c) of this Section) and other professional workers may be
employed by one district, which shall be reimbursed on a
mutually agreed basis by other districts that are parties to
the joint agreement. Such agreements may provide that one
district may supply professional workers for a joint program
conducted in another district. Such agreement shall provide
that any full-time professional worker school psychologist who
is employed by a joint agreement program and spends over 50% of
his or her time in one school district shall not be required to
work a different teaching schedule than the other professional
worker school psychologists in that district. Such agreement
shall include, but not be limited to, provisions for
administration, staff, programs, financing, housing,
transportation, an advisory body, and the method or methods to
be employed for disposing of property upon the withdrawal of a
school district or dissolution of the joint agreement and shall
specify procedures for the withdrawal of districts from the
joint agreement as long as these procedures are consistent with
subsection (g) of this Section. Except as otherwise provided in
Section 10-22.31.1, the withdrawal of districts from the joint
agreement shall be by petition to the regional board of school
trustees. Such agreement may be amended at any time as provided
in the joint agreement or, if the joint agreement does not so
provide, then such agreement may be amended at any time upon
the adoption of concurring resolutions by the school boards of
all member districts, provided that no later than 6 months
after the effective date of this amendatory Act of the 96th
General Assembly, all existing agreements shall be amended to
be consistent with this amendatory Act of the 96th General
Assembly. A fully executed copy of any such agreement or
amendment entered into on or after January 1, 1989 shall be
filed with the State Board of Education. Such petitions for
withdrawal shall be made to the regional board of school
trustees of all counties having jurisdiction over one or more
of the districts in the joint agreement. Upon receipt of a
petition for withdrawal, the regional boards of school trustees
having jurisdiction over the cooperating districts shall
publish notice of and conduct a joint hearing on the issue as
provided in Section 7-6. No such petition may be considered,
however, unless in compliance with Section 7-8. If approved by
a 2/3 vote of all trustees of those regional boards, at a joint
meeting, the withdrawal takes effect as provided in Section 7-9
of this Act.
    (b) To either (1) designate an administrative district to
act as fiscal and legal agent for the districts that are
parties to the joint agreement, or (2) designate a governing
board composed of one member of the school board of each
cooperating district and designated by such boards to act in
accordance with the joint agreement. No such governing board
may levy taxes and no such governing board may incur any
indebtedness except within an annual budget for the joint
agreement approved by the governing board and by the boards of
at least a majority of the cooperating school districts or a
number of districts greater than a majority if required by the
joint agreement. The governing board may appoint an executive
board of at least 7 members to administer the joint agreement
in accordance with its terms. However, if 7 or more school
districts are parties to a joint agreement that does not have
an administrative district: (i) at least a majority of the
members appointed by the governing board to the executive board
shall be members of the school boards of the cooperating
districts; or (ii) if the governing board wishes to appoint
members who are not school board members, they shall be
superintendents from the cooperating districts.
    (c) To employ a full-time director of special education of
the a joint agreement program under a one-year or multi-year
contract. No such contract can be offered or accepted for less
than one year. or more than 3 years, except for a person
serving as a director of a special education joint agreement
for the first time in Illinois. In such a case, the initial
contract shall be for a 2 year period. Such contract may be
discontinued at any time by mutual agreement of the contracting
parties, or may be extended for an additional one-year or
multi-year period 3 years at the end of any year.
    The contract year is July 1 through the following June
30th, unless the contract specifically provides otherwise.
Notice of intent not to renew a contract when given by a
controlling board or administrative district must be in writing
stating the specific reason therefor. Notice of intent not to
renew the contract must be given by the controlling board or
the administrative district at least 90 days before the
contract expires. Failure to do so will automatically extend
the contract for one additional year.
    By accepting the terms of the multi-year contract, the
director of a special education joint agreement waives all
rights granted under Sections 24-11 through 24-16 for the
duration of his or her employment as a director of a special
education joint agreement.
    (d) To designate a district that is a party to the joint
agreement as the issuer of bonds or notes for the purposes and
in the manner provided in this Section. It is not necessary for
such district to also be the administrative district for the
joint agreement, nor is it necessary for the same district to
be designated as the issuer of all series of bonds or notes
issued hereunder. Any district so designated may, from time to
time, borrow money and, in evidence of its obligation to repay
the borrowing, issue its negotiable bonds or notes for the
purpose of acquiring, constructing, altering, repairing,
enlarging and equipping any building or portion thereof,
together with any land or interest therein, necessary to
provide special educational facilities and services as defined
in Section 14-1.08. Title in and to any such facilities shall
be held in accordance with the joint agreement.
    Any such bonds or notes shall be authorized by a resolution
of the board of education of the issuing district. The
resolution may contain such covenants as may be deemed
necessary or advisable by the district to assure the payment of
the bonds or notes. The resolution shall be effective
immediately upon its adoption.
    Prior to the issuance of such bonds or notes, each school
district that is a party to the joint agreement shall agree,
whether by amendment to the joint agreement or by resolution of
the board of education, to be jointly and severally liable for
the payment of the bonds and notes. The bonds or notes shall be
payable solely and only from the payments made pursuant to such
agreement.
    Neither the bonds or notes nor the obligation to pay the
bonds or notes under any joint agreement shall constitute an
indebtedness of any district, including the issuing district,
within the meaning of any constitutional or statutory
limitation.
    As long as any bonds or notes are outstanding and unpaid,
the agreement by a district to pay the bonds and notes shall be
irrevocable notwithstanding the district's withdrawal from
membership in the joint special education program.
    (e) If a district whose employees are on strike was, prior
to the strike, sending students with disabilities to special
educational facilities and services in another district or
cooperative, the district affected by the strike shall continue
to send such students during the strike and shall be eligible
to receive appropriate State reimbursement.
    (f) With respect to those joint agreements that have a
governing board composed of one member of the school board of
each cooperating district and designated by those boards to act
in accordance with the joint agreement, the governing board
shall have, in addition to its other powers under this Section,
the authority to issue bonds or notes for the purposes and in
the manner provided in this subsection. The governing board of
the joint agreement may from time to time borrow money and, in
evidence of its obligation to repay the borrowing, issue its
negotiable bonds or notes for the purpose of acquiring,
constructing, altering, repairing, enlarging and equipping any
building or portion thereof, together with any land or interest
therein, necessary to provide special educational facilities
and services as defined in Section 14-1.08 and including also
facilities for activities of administration and educational
support personnel employees. Title in and to any such
facilities shall be held in accordance with the joint
agreement.
    Any such bonds or notes shall be authorized by a resolution
of the governing board. The resolution may contain such
covenants as may be deemed necessary or advisable by the
governing board to assure the payment of the bonds or notes and
interest accruing thereon. The resolution shall be effective
immediately upon its adoption.
    Each school district that is a party to the joint agreement
shall be automatically liable, by virtue of its membership in
the joint agreement, for its proportionate share of the
principal amount of the bonds and notes plus interest accruing
thereon, as provided in the resolution. Subject to the joint
and several liability hereinafter provided for, the resolution
may provide for different payment schedules for different
districts except that the aggregate amount of scheduled
payments for each district shall be equal to its proportionate
share of the debt service in the bonds or notes based upon the
fraction that its equalized assessed valuation bears to the
total equalized assessed valuation of all the district members
of the joint agreement as adjusted in the manner hereinafter
provided. In computing that fraction the most recent available
equalized assessed valuation at the time of the issuance of the
bonds and notes shall be used, and the equalized assessed
valuation of any district maintaining grades K to 12 shall be
doubled in both the numerator and denominator of the fraction
used for all of the districts that are members of the joint
agreement. In case of default in payment by any member, each
school district that is a party to the joint agreement shall
automatically be jointly and severally liable for the amount of
any deficiency. The bonds or notes and interest thereon shall
be payable solely and only from the funds made available
pursuant to the procedures set forth in this subsection. No
project authorized under this subsection may require an annual
contribution for bond payments from any member district in
excess of 0.15% of the value of taxable property as equalized
or assessed by the Department of Revenue in the case of
districts maintaining grades K-8 or 9-12 and 0.30% of the value
of taxable property as equalized or assessed by the Department
of Revenue in the case of districts maintaining grades K-12.
This limitation on taxing authority is expressly applicable to
taxing authority provided under Section 17-9 and other
applicable Sections of this Act. Nothing contained in this
subsection shall be construed as an exception to the property
tax limitations contained in Section 17-2, 17-2.2a, 17-5, or
any other applicable Section of this Act.
    Neither the bonds or notes nor the obligation to pay the
bonds or notes under any joint agreement shall constitute an
indebtedness of any district within the meaning of any
constitutional or statutory limitation.
    As long as any bonds or notes are outstanding and unpaid,
the obligation of a district to pay its proportionate share of
the principal of and interest on the bonds and notes as
required in this Section shall be a general obligation of the
district payable from any and all sources of revenue designated
for that purpose by the board of education of the district and
shall be irrevocable notwithstanding the district's withdrawal
from membership in the joint special education program.
    (g) A member district wishing to withdraw from a joint
agreement may obtain from its school board a written resolution
approving the withdrawal. The withdrawing district must then
present a written petition for withdrawal from the joint
agreement to the other member districts within such timelines
designated by the joint agreement. Upon approval by school
board written resolution of all of the remaining member
districts, the petitioning member district shall be withdrawn
from the joint agreement effective the following July 1 and
shall notify the State Board of Education of the approved
withdrawal in writing.
    (h) The changes to this Section made by this amendatory Act
of the 96th General Assembly apply to withdrawals from or
dissolutions of special education joint agreements initiated
after the effective date of this amendatory Act of the 96th
General Assembly.
(Source: P.A. 89-397, eff. 8-20-95; 89-613, eff. 8-9-96;
89-626, eff. 8-9-96; 90-103, eff. 7-11-97; 90-515, eff.
8-22-97; 90-637, eff. 7-24-98; 90-655, eff. 7-30-98.)
 
    (105 ILCS 5/10-22.31.1 rep.)
    Section 10. The School Code is amended by repealing Section
10-22.31.1.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/28/2009