by Margaret Kostopulos

1. Maximize Opportunities for Collaboration and Cooperation
Increasingly, municipalities and local public school districts have occasion to cross jurisdictional boundaries. School districts are separate units of local government organized and operating under the Illinois School Code. Unlike home rule municipalities, school districts (similar to non-home rule municipalities) are subject to "Dillon's Rule," that is, they only have those powers and duties expressly authorized by statute. Under the State Constitution and the Intergovernmental Cooperation Act, governments that have limited powers can increase those powers through intergovernmental agreements. Those agreements do not need to be based on specific statutory authority so long as their subject and operation does not violate State laws or local ordinances.

The relationship between municipal and public school district governance is complex. School districts are governed by elected non-partisan boards of education made up of individuals from the community who serve without compensation. Schools derive most of their revenue from local property taxes. They also receive some funding from the state and federal government depending on variables such as the number of children living at or below poverty, the number of special education students, and the number of English language learners in the district.

Schools and municipalities share a common constituency: children and their parents. In addition, approximately half of a homeowner's property taxes support the school district. At the same time, property values are heavily influenced by the quality (real or perceived) of the local school district. Thus, municipal officials have a vested interest in the quality of the local schools as it relates directly to the quality of life in the overall community.

2. Cooperate to Fully Utilize Public Property
Population trends often dictate where school buildings are located and how they are occupied. On occasion, a school building may be underutilized, providing school boards an opportunity to sell or lease the facility. The School Code authorizes school districts to manage their property holdings. Through intergovernmental cooperation, municipalities may take advantage of underutilized school buildings to provide additional resources to the whole community. For instance, a municipality may contract with a school district to use all or a portion of a school building for a senior center, community center, or municipal services center.

There are several advantages to these arrangements. First, most school buildings have been updated to be in compliance with requirements of the Americans with Disabilities Act and environmental laws. As such, school buildings are often in a "ready- to-use" condition by municipalities for the types of services described above. Also, school buildings are often equipped with technology that can be used by the municipality to augment their needs.

In addition to buildings, school grounds can be used cooperatively with municipalities for services to the broader community. Fields, playing fields, and field houses are an important community asset that can be shared by schools and the municipality. This arrangement can provide municipalities with much-needed space at an affordable cost. And, of course, from the school district's perspective, a municipality is a good partner since they carry adequate insurance, pay on time, and are courteous.

3. TIF Committees
School officials play an important and significant role when municipalities create tax increment finance districts. School district finances will be impacted by the creation of a TIF district, and thus should be included as an important player when the TIF district is created. When a municipality establishes a redevelopment plan, school districts can request information about the plan, which should be readily shared with school officials. In addition, by law, school districts serve on the Joint Review Board established under the TIF law. As such, school officials may provide oral or written comment on the proposed TIF, and will participate in the public hearing to discuss the redevelopment plan.

Because the creation of a TIF district has an impact on the school district, municipal officials should communicate their intent to create a TIF with school officials as soon as is reasonably practical under the circumstances. It is beneficial to the municipality if the school district is a willing and cooperative participant in the process. If the school district is not cooperative, public sentiment over creating the TIF may backfire.

Additionally, school officials should be kept abreast of the legal documentation establishing the TIF, and the attendant tax rates. Municipal finance officials should work hand in glove with school business officials so that all parties have a comprehensive understanding of the tax implications of the TIF, both positive and negative.

4. Annexation, Detachment, and School District Consolidation
School and municipal officials are often called upon to cooperate when municipal officials are considering annexation, or where school officials are considering consolidation. When municipal officials are negotiating annexation agreements, consideration should be given to the number of projected students the school district will need to absorb. Tools such as school land/cash donations, where a developer is required to contribute land or cash for school purposes, are excellent examples of statutory authorization encouraging school/municipal cooperation. In addition to land/cash donations, the municipality should consider how the new municipal boundaries will dovetail with school district boundaries. How many school districts serve the property in question? How many schools, if any, are located in the area? What are the conditions of those schools? These questions should be carefully considered by municipal officials and communicated with school officials.

Another issue arises when school districts consolidate. Particularly in rural areas where smaller school districts have become the cornerstone of the community, school district consolidation can become a very heated, and often controversial issue—in some cases, even leading to litigation. Municipal officials play a key role in assisting school boards to determine the efficacy of the consolidation, and to measure the impacts on the community after the consolidation. On occasion, municipal officials "compete" with other municipalities to keep the administrative center of consolidated districts in their community. Such competition, while potentially healthy, may complicate issues and have a direct impact on kids (including how far their bus trip might be). As such, school and municipal officials should work together to ensure a smooth community transition in these difficult situations.

5. Library Boards Can Cooperate with School Districts to Maximize Resources
Schools and municipal library facilities share a common asset: books. When possible, school districts and municipal library boards should cooperate to fully realize their joint resources. Books are expensive, and when libraries renew their inventory, school libraries can benefit from those resources. In addition, schools and libraries share a common need for technology integration. School districts and municipal officials should jointly review potential collaborations for establishing online services and functions.

6. Establish Youth Commissions with School Districts
Importantly, many issues addressed by municipal officials relate to children and youth. Thus, establishing cross-jurisdictional advisory youth commissions can be an effective tool to bridge the gap between children and youth and the overall community in which they live. When properly utilized, youth can provide municipal officials with a much needed perspective. Schools can assist in identifying youth leaders who can work with municipal officials on youth-related issues. Schools and municipalities can also pool their resources to provide opportunities for youth, such as the creation of youth community centers and after school programs.

Creating youth commissions provides municipal and school leaders with insights into the issues facing youth in the community. Recommendations by youth relating to law enforcement, facilities usage, and recreational opportunities, as well as youth- oriented development, can give both municipal and school officials the necessary information to make a project successful.

7. School Districts Should Cooperate with Municipal Officials on Safety and Security Issues
While school districts are not subject to local building code regulations, municipal and school district officials should cooperate when school facilities are being planned and built. School districts are subject to local codes including those relating to zoning, subdivision, parking and storm water management. School construction impacts neighborhoods, and municipal officials have an important interest in the design of the building, the layout on the building site, and traffic patterns.

School districts and municipalities should work closely on these issues, as well as the construction schedule, to ensure that residents close by are impacted to the least extent practicable. Peripheral issues including traffic controls, storm water management, and lighting can create significant public opinion. Municipal officials may bear the brunt of complaints and questions from the citizenry on these issues. As a result, municipal officials should engage in a well orchestrated working relationship with the school district during school construction projects, even though technically schools are subject to the State Life Safety Code, which functions as a Building Code.

In addition, municipal officials have an important interest in making sure school buildings are safe and secure. It will pay large dividends if a school cooperates with municipal officials about the elements of the building relating to fire detection, security and, traffic signalization. With regard to security, as our society increasingly experiences shootings and other violent acts at school, municipal and school officials must work closely and cooperatively on emergency preparedness planning and implementation.

8. Law Enforcement and Police Liaison Services
One area in which schools and municipalities increasingly cooperate is in the area of law enforcement. Schools need to respond to unlawful conduct in the school setting, and school districts have discovered that municipalities are willing and able partners in fighting school-based crime. Police officers in school settings are generally grouped into three categories:

1. those where school officials initiate a search or where police involvement is minimal;

2. those involving school police or liaison officers acting on their own authority; and

3. those where outside police officers initiate a search.

It is important that expectations of law enforcement involvement in school based activities are defined clearly and specifically up front. One legal implication relates to potential claims against both the school district and municipality for violations of the Fourth Amendment to the U.S. Constitution relating to unreasonable searches and seizures. Where school officials initiate the search or police involvement is minimal, most courts have held that the reasonable suspicion test applies. The same is true in cases involving school police or liaison officers acting on their own authority. However, where outside police officers initiate a search, or where school officials act at the behest of law enforcement agencies, the probable cause standard has been applied.

In addition, the Illinois School Code specifically grants authority to school officials to conduct locker searches using drug sniffing dogs. Often, schools will request the local police department to assist. It is advisable that schools and municipalities enter into intergovernmental agreements when partnering in these endeavors.

9. Traffic Control and Crossing Guards in School Zones
One critical issue facing both school and municipal officials is how to get students safely to school. Municipal and school officials coordinate efforts to ensure vehicular and pedestrian safety in school zones. Municipalities often hire crossing guards to make sure children have a safe trip between home and school. Municipalities and school districts can cooperate in hiring and paying for crossing guards. Also, grants are increasingly available to provide safe routes to schools. Municipalities and school districts can jointly apply for these funds to defray costs associated with additional traffic signaling, crossing guards, and striping.

School and municipal officials should formalize their relationship in defining roles for ensuring student safety. In addition to defraying costs associated with crossing guards, schools and municipalities can share the costs of sidewalk improvements, bike paths, and traffic signalization around schools. In addition, municipalities often agree to remove snow or complete other public works projects on school property. In these cases, formal intergovernmental agreements are suggested, setting forth insurance and indemnity provisions.

10. Work Together and Confer on Policy Issues of Mutual Interest
Elected school and municipal officials should meet regularly to ensure that the residents of their communities are being served by the entities with maximum efficiency and effectiveness. Good practice dictates that communication between municipal and school officials is continuous and consistent. In addition to staff communications, board members should meet on a regular basis in a formal setting to discuss issues of mutual interest and concern. As governing becomes more complex, and issues such as emergency preparedness, disaster planning, infrastructure construction and maintenance, and safety and security continue to take center stage, municipal and school officials should develop common strategies for addressing these (and other) issues.

Also, municipal and school leaders should be wary of "handshake" deals. While formal intergovernmental agreements are not always possible, it is much more advantageous to define expectations up front, in writing, than to find out later that one party is not keeping up their end of the bargain. School and municipal officials should regularly assess their joint needs and obligations, and determine how they can work together to benefit kids, their parents and the greater community.

All chapters:
Ten Steps to Help Keep Your Employees From Suing You (Or To Help Defend You If They Do), by Margaret Kostopulos

Ten Lessons Learned by a Former Elected Official, by Gregory S. Mathews

Ten Rules to Live by for Public Management Labor Negotiators , by Gregory S. Mathews Donald W. Anderson

Moving Ten (Giga) Steps to the Digital Future , by Adam B. Simon

Ten Things Governmental Officials Should Know About The Illinois Governmental Tort Immunity Act , by Darcy L. Proctor

How Governments Can Win in Cases Before Appellate Courts – 10 Examples , by Ellen K. Emery

Ten Rules About Running for Local Government Office, by Keri-Lyn J. Krafthefer

Top Ten Tools for Your Construction Project, by Derke J. Price

Ten Steps to Creating a TIF District, by Paul N. Keller

Ten Things Governmental Officials Don't Know About Workers' Compensation, by Gerald A. Granada and W. Britt Isaly

Ten Things Municipal Officials Should Know About Local Prosecution and Ordinance Enforcement, by Scott Puma and John Christensen

The Zoning Game in Ten Easy Lessons , by David S. Silverman

Ten Ways Municipalities and Park Districts Can Intergovernmentally Cooperate, by Scott A. Puma

Ten Steps to a Closer Relationship Between Municipalities and School Districts, by Margaret Kostopulos