Amends the School Code. In provisions concerning special education joint agreements, provides that, for joint agreements entered into before, on, or after the effective date of the amendatory Act, any membership fees, annual fees, up-front fees, or costs or fees assessed to a member district by virtue of being a party to the joint agreement, and not for the use of services, must take into account the member district's actual use of the services offered within the joint agreement and may not be based solely on each member district's population. Provides that, upon withdrawal from a joint agreement, all member districts are entitled to an appropriate allocation of assets and liabilities, provided that forfeiture of a member district's taxpayer assets intended for its students is prohibited from being required. Effective July 1, 2026.
House Floor Amendment No. 2: Replaces everything after the enacting clause. Amends the School Code. In provisions concerning special education joint agreements, provides that, for any member district entering into, amending, renewing, or withdrawing from a joint agreement after the effective date of the amendatory Act, (i) for a member district withdrawing from a joint agreement, the member district's school board shall hold a public hearing on the member district's intent to withdraw at least 18 months before the member district's proposed withdrawal date and a written notice of the member district's intent to withdraw and the details of the public hearing shall be sent to the other member districts of the joint agreement no less than 10 days before the public hearing; (ii) a member district that intends to withdraw from a joint agreement shall adopt a comprehensive plan in accordance with certain provisions and submit the plan to the member district's regional office of education or intermediate service center, whichever is applicable; (iii) upon the receipt of a member district's comprehensive plan, the regional superintendent of schools or the executive director of the intermediate service center, whichever is applicable, shall ensure certain criteria are met and shall notify the State Board of Education and the other member districts of the joint agreement of his or her approval of the member district's withdrawal; (iv) a joint agreement shall include provisions for the dissolution of assets in the event the joint agreement is dissolved and provisions for the distribution of assets in the event a member district withdraws from the joint agreement; and (v) a joint agreement shall include a requirement for an annual presentation of the joint agreement's fiscal year budget and the calculation of member and usage fees to all member districts.

Statutes affected:
Introduced: 105 ILCS 5/10
Engrossed: 105 ILCS 5/10