Sen. Sue Rezin

Filed: 4/20/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3418

2    AMENDMENT NO. ______. Amend Senate Bill 3418, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The School Code is amended by changing Section
610-21.4 as follows:
 
7    (105 ILCS 5/10-21.4)  (from Ch. 122, par. 10-21.4)
8    Sec. 10-21.4. Superintendent - Duties.
9    (a) Except in districts in which there is only one school
10with fewer than 4 teachers, to employ a superintendent or share
11the services of a superintendent as otherwise provided in this
12Section, who shall have charge of the administration of the
13schools under the direction of the board of education. However,
14in any school district that has boundaries that lie in 3
15counties, one county of which has a population exceeding
161,000,000 inhabitants, that has an enrollment of more than

 

 

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135,000 students, and that has on staff properly licensed
2assistant superintendents or directors in the areas of
3instruction, finance, special education, assessments, and
4career and technology education, the school board may instead,
5by a vote of a majority of its full membership, appoint a chief
6executive officer to serve as its superintendent, who shall be
7a person of recognized administrative ability and management
8experience, hold a master's degree, have been employed with the
9school district for a minimum of 5 years in an administrative
10capacity, be responsible for the management of the district,
11and have all other powers and duties of a superintendent as set
12forth in this Code, but who shall be exempt from the provisions
13and requirements of Section 21B-15 of this Code for a period of
145 years.
15    (b) A school board shall, upon passage of a referendum as
16provided in subsection (c) of this Section after submission of
17a petition signed by no less than 8% of the school district's
18voters in the last consolidated election, or may, by
19resolution, enter into a joint agreement with other school
20boards to share the services of a superintendent or other
21administrator. Each school board involved in the joint
22agreement must agree to the joint agreement by resolution or by
23passage of a referendum. A school board is not required to
24enter into a joint agreement in the same manner as the other
25school boards in the agreement, as long as the school board
26agrees to the joint agreement by resolution or by passage of a

 

 

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1referendum. The agreement must include the amount that each
2school board shall contribute to the salary of the
3superintendent or other administrator. The superintendent or
4other administrator may be employed by one school board, which
5shall be reimbursed on a mutually agreed-to basis with other
6school boards that are parties to the joint agreement. The
7joint agreement may be amended at any time as provided in the
8joint agreement or, if the joint agreement does not so provide,
9the agreement may be amended at any time upon the adoption of a
10resolution (if the original joint agreement was entered into
11upon adoption of a resolution) or the passage of a referendum
12(if the original joint agreement was entered into upon passage
13of a referendum) in all member school districts. A fully
14executed copy of the joint agreement shall be filed with the
15State Board of Education. In the event 3 or more school boards
16decide to enter into a joint agreement and at least one school
17board submits a referendum under subsection (c) of this Section
18that does not pass, the agreement between the remaining school
19boards is still valid.
20    (c) A petition to enter into a joint agreement under
21subsection (b) of this Section shall be filed with the
22applicable election authority, as defined in Section 1-3 of the
23Election Code, or, in the case of multiple election
24authorities, with the State Board of Elections no more than 10
25months and no less than 6 months prior to the election at which
26the question is to be submitted to the voters, and its validity

 

 

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1shall be determined as provided by Article 28 of the Election
2Code. The election authority or Board, as applicable, shall
3certify the question and the proper election authority or
4authorities shall submit the question to the voters. Except as
5otherwise provided in this Section, this referendum shall be
6subject to all other general election law requirements. The
7proposition shall be in substantially the following form:
8        Shall the (school district) enter into a joint
9    agreement with (other school district or districts) to
10    share the services of a (superintendent or other
11    administrator)?
12    Votes shall be recorded as "Yes" or "No".
13    If at least 50% of all votes cast on the proposition are in
14favor of the proposition or the school board adopts a
15resolution in all affected school districts, the school boards
16shall enter into a joint agreement.
17    (d) A school district wishing to withdraw from a joint
18agreement under this Section shall obtain from its school board
19a written resolution approving the withdrawal if the school
20district entered into the joint agreement by resolution. The
21withdrawing school district must present a written petition for
22withdrawal from the joint agreement to the other member school
23districts within the timelines designated by the joint
24agreement. Upon approval of the petition by all of the
25remaining member school districts, the petitioning school
26district shall be withdrawn from the joint agreement effective

 

 

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1the following July 1 and shall provide the State Board of
2Education written notification of the approved withdrawal. If
3the petition for withdrawal is not approved and the petitioning
4school district is a part of a Class II county school unit
5outside of a city with 500,000 or more inhabitants, the
6petitioning school district may appeal the disapproval
7decision to the regional board of school trustees of the
8township that has jurisdiction and authority over the
9withdrawing school district. If a school district is not under
10the jurisdiction and authority of the regional board of school
11trustees of a township, a hearing panel shall be established by
12the chief administrative officer of the intermediate service
13center having jurisdiction over the withdrawing school
14district. The hearing panel shall be made up of 3 members who
15have a demonstrated interest and background in education. A
16hearing panel member may not reside within the withdrawing
17school district and may not be a current school board member or
18employee of the withdrawing school district or hold any county
19office. None of the hearing panel members may reside within the
20same school district. The hearing panel shall serve without
21remuneration; however, the necessary expenses, including
22travel, attendant upon any meeting or hearing in relation to
23these proceedings must be paid. If the regional board of school
24trustees of the township having jurisdiction and authority over
25the withdrawing school district or the hearing panel
26established by the chief administrative officer of the

 

 

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1intermediate service center having jurisdiction over the
2withdrawing school district approves the petition for
3withdrawal, then the petitioning school district shall be
4withdrawn from the joint agreement effective the following July
51 and shall notify the State Board of Education of the approved
6withdrawal in writing.
7    (e) A school district wishing to withdraw from a joint
8agreement under this Section shall submit to the voters of the
9district at the next consolidated election the question of
10whether the school district shall withdraw from the joint
11agreement if the school district entered into the joint
12agreement by a referendum vote. In addition, the question shall
13be submitted to the voters of the district at the next
14consolidated election upon submission of a petition signed by
15no less than 8% of the district's voters in the last
16consolidated election. The petition or other school board
17action shall be filed with the applicable election authority,
18as defined in Section 1-3 of the Election Code, or, in the case
19of multiple election authorities, with the State Board of
20Elections no more than 10 months and no less than 6 months
21prior to the election at which the question is to be submitted
22to the voters, and its validity shall be determined as provided
23by Article 28 of the Election Code. The election authority or
24Board, as applicable, shall certify the question and the proper
25election authority or authorities shall submit the question to
26the voters. Except as otherwise provided in this Section, this

 

 

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1referendum shall be subject to all other general election law
2requirements. The proposition shall be in substantially the
3following form:
4        Shall the (school district) withdraw from the joint
5    agreement with (other school district or districts) and
6    cease sharing the services of a (superintendent or other
7    administrator)?
8    Votes shall be recorded as "Yes" or "No".
9    If a majority of all votes cast on the proposition are in
10favor of the proposition, the school district shall be
11withdrawn from the joint agreement effective the following July
121 and shall provide the State Board of Education written
13notification of the approved withdrawal.
14    (f) In addition to the administrative duties, the
15superintendent shall make recommendations to the board
16concerning the budget, building plans, the locations of sites,
17the selection, retention and dismissal of teachers and all
18other employees, the selection of textbooks, instructional
19material and courses of study. However, in districts under a
20Financial Oversight Panel pursuant to Section 1A-8 for
21violating a financial plan, the duties and responsibilities of
22the superintendent in relation to the financial and business
23operations of the district shall be approved by the Panel. In
24the event the Board refuses or fails to follow a directive or
25comply with an information request of the Panel, the
26performance of those duties shall be subject to the direction

 

 

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1of the Panel. The superintendent shall also notify the State
2Board of Education, the board and the chief administrative
3official, other than the alleged perpetrator himself, in the
4school where the alleged perpetrator serves, that any person
5who is employed in a school or otherwise comes into frequent
6contact with children in the school has been named as a
7perpetrator in an indicated report filed pursuant to the Abused
8and Neglected Child Reporting Act, approved June 26, 1975, as
9amended. The superintendent shall keep or cause to be kept the
10records and accounts as directed and required by the board, aid
11in making reports required by the board, and perform such other
12duties as the board may delegate to him.
13    In addition, each year at a time designated by the State
14Superintendent of Education, each superintendent shall report
15to the State Board of Education the number of high school
16students in the district who are enrolled in accredited courses
17(for which high school credit will be awarded upon successful
18completion of the courses) at any community college, together
19with the name and number of the course or courses which each
20such student is taking.
21    (g) The provisions of this Section shall also apply to
22board of director districts.
23    (h) Notice of intent not to renew a contract must be given
24in writing stating the specific reason therefor by April 1 of
25the contract year unless the contract specifically provides
26otherwise. Failure to do so will automatically extend the

 

 

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1contract for an additional year. Within 10 days after receipt
2of notice of intent not to renew a contract, the superintendent
3may request a closed session hearing on the dismissal. At the
4hearing the superintendent has the privilege of presenting
5evidence, witnesses and defenses on the grounds for dismissal.
6The provisions of this paragraph shall not apply to a district
7under a Financial Oversight Panel pursuant to Section 1A-8 for
8violating a financial plan.
9(Source: P.A. 99-846, eff. 6-1-17.)".