Illinois General Assembly - Full Text of SB3418
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Full Text of SB3418  100th General Assembly

SB3418sam001 100TH GENERAL ASSEMBLY

Sen. Sue Rezin

Filed: 3/1/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3418

2    AMENDMENT NO. ______. Amend Senate Bill 3418 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Section
510-21.4 as follows:
 
6    (105 ILCS 5/10-21.4)  (from Ch. 122, par. 10-21.4)
7    Sec. 10-21.4. Superintendent - Duties.
8    (a) Except in districts in which there is only one school
9with fewer than 4 teachers, to employ a superintendent or share
10the services of a superintendent as otherwise provided in this
11Section, who shall have charge of the administration of the
12schools under the direction of the board of education. However,
13in any school district that has boundaries that lie in 3
14counties, one county of which has a population exceeding
151,000,000 inhabitants, that has an enrollment of more than
1635,000 students, and that has on staff properly licensed

 

 

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1assistant superintendents or directors in the areas of
2instruction, finance, special education, assessments, and
3career and technology education, the school board may instead,
4by a vote of a majority of its full membership, appoint a chief
5executive officer to serve as its superintendent, who shall be
6a person of recognized administrative ability and management
7experience, hold a master's degree, have been employed with the
8school district for a minimum of 5 years in an administrative
9capacity, be responsible for the management of the district,
10and have all other powers and duties of a superintendent as set
11forth in this Code, but who shall be exempt from the provisions
12and requirements of Section 21B-15 of this Code for a period of
135 years.
14    (b) A school board shall, upon passage of a referendum as
15provided in subsection (c) of this Section after submission of
16a petition signed by no less than 8% of the school district's
17voters in the last consolidated election, or may, by
18resolution, enter into a joint agreement with other school
19boards to share the services of a superintendent or other
20administrator. Each school board involved in the joint
21agreement must agree to the joint agreement by resolution or by
22passage of a referendum. The agreement must include the amount
23that each school board shall contribute to the salary of the
24superintendent or other administrator. The superintendent or
25other administrator may be employed by one school board, which
26shall be reimbursed on a mutually agreed-to basis with other

 

 

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1school boards that are parties to the joint agreement. The
2joint agreement may be amended at any time as provided in the
3joint agreement or, if the joint agreement does not so provide,
4the agreement may be amended at any time upon the adoption of a
5resolution (if the original joint agreement was entered into
6upon adoption of a resolution) or the passage of a referendum
7(if the original joint agreement was entered into upon passage
8of a referendum) in all member school districts. A fully
9executed copy of the joint agreement shall be filed with the
10State Board of Education.
11    (c) A petition to enter into a joint agreement under
12subsection (b) of this Section shall be filed with the
13applicable election authority, as defined in Section 1-3 of the
14Election Code, or, in the case of multiple election
15authorities, with the State Board of Elections no more than 10
16months and no less than 6 months prior to the election at which
17the question is to be submitted to the voters, and its validity
18shall be determined as provided by Article 28 of the Election
19Code. The election authority or Board, as applicable, shall
20certify the question and the proper election authority or
21authorities shall submit the question to the voters. Except as
22otherwise provided in this Section, this referendum shall be
23subject to all other general election law requirements. The
24proposition shall be in substantially the following form:
25        Shall the (school district) enter into a joint
26    agreement with (other school district or districts) to

 

 

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1    share the services of a (superintendent or other
2    administrator)?
3    Votes shall be recorded as "Yes" or "No".
4    If a majority of all votes cast on the proposition are in
5favor of the proposition or the school board adopts a
6resolution in all affected school districts, the school boards
7shall enter into a joint agreement.
8    (d) A school district wishing to withdraw from a joint
9agreement under this Section shall obtain from its school board
10a written resolution approving the withdrawal if the school
11district entered into the joint agreement by resolution. The
12withdrawing school district must present a written petition for
13withdrawal from the joint agreement to the other member school
14districts within the timelines designated by the joint
15agreement. Upon approval of the petition by all of the
16remaining member school districts, the petitioning school
17district shall be withdrawn from the joint agreement effective
18the following July 1 and shall provide the State Board of
19Education written notification of the approved withdrawal. If
20the petition for withdrawal is not approved and the petitioning
21school district is a part of a Class II county school unit
22outside of a city with 500,000 or more inhabitants, the
23petitioning school district may appeal the disapproval
24decision to the regional board of school trustees of the
25township that has jurisdiction and authority over the
26withdrawing school district. If a school district is not under

 

 

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1the jurisdiction and authority of the regional board of school
2trustees of a township, a hearing panel shall be established by
3the chief administrative officer of the intermediate service
4center having jurisdiction over the withdrawing school
5district. The hearing panel shall be made up of 3 members who
6have a demonstrated interest and background in education. A
7hearing panel member may not reside within the withdrawing
8school district and may not be a current school board member or
9employee of the withdrawing school district or hold any county
10office. None of the hearing panel members may reside within the
11same school district. The hearing panel shall serve without
12remuneration; however, the necessary expenses, including
13travel, attendant upon any meeting or hearing in relation to
14these proceedings must be paid. If the regional board of school
15trustees of the township having jurisdiction and authority over
16the withdrawing school district or the hearing panel
17established by the chief administrative officer of the
18intermediate service center having jurisdiction over the
19withdrawing school district approves the petition for
20withdrawal, then the petitioning school district shall be
21withdrawn from the joint agreement effective the following July
221 and shall notify the State Board of Education of the approved
23withdrawal in writing.
24    (e) A school district wishing to withdraw from a joint
25agreement under this Section shall submit to the voters of the
26district at the next consolidated election the question of

 

 

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1whether the school district shall withdraw from the joint
2agreement if the school district entered into the joint
3agreement by a referendum vote. In addition, the question shall
4be submitted to the voters of the district at the next
5consolidated election upon submission of a petition signed by
6no less than 8% of the district's voters in the last
7consolidated election. The petition or other school board
8action shall be filed with the applicable election authority,
9as defined in Section 1-3 of the Election Code, or, in the case
10of multiple election authorities, with the State Board of
11Elections no more than 10 months and no less than 6 months
12prior to the election at which the question is to be submitted
13to the voters, and its validity shall be determined as provided
14by Article 28 of the Election Code. The election authority or
15Board, as applicable, shall certify the question and the proper
16election authority or authorities shall submit the question to
17the voters. Except as otherwise provided in this Section, this
18referendum shall be subject to all other general election law
19requirements. The proposition shall be in substantially the
20following form:
21        Shall the (school district) withdraw from the joint
22    agreement with (other school district or districts) and
23    cease sharing the services of a (superintendent or other
24    administrator)?
25    Votes shall be recorded as "Yes" or "No".
26    If a majority of all votes cast on the proposition are in

 

 

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1favor of the proposition, the school district shall be
2withdrawn from the joint agreement effective the following July
31 and shall provide the State Board of Education written
4notification of the approved withdrawal.
5    (f) In addition to the administrative duties, the
6superintendent shall make recommendations to the board
7concerning the budget, building plans, the locations of sites,
8the selection, retention and dismissal of teachers and all
9other employees, the selection of textbooks, instructional
10material and courses of study. However, in districts under a
11Financial Oversight Panel pursuant to Section 1A-8 for
12violating a financial plan, the duties and responsibilities of
13the superintendent in relation to the financial and business
14operations of the district shall be approved by the Panel. In
15the event the Board refuses or fails to follow a directive or
16comply with an information request of the Panel, the
17performance of those duties shall be subject to the direction
18of the Panel. The superintendent shall also notify the State
19Board of Education, the board and the chief administrative
20official, other than the alleged perpetrator himself, in the
21school where the alleged perpetrator serves, that any person
22who is employed in a school or otherwise comes into frequent
23contact with children in the school has been named as a
24perpetrator in an indicated report filed pursuant to the Abused
25and Neglected Child Reporting Act, approved June 26, 1975, as
26amended. The superintendent shall keep or cause to be kept the

 

 

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1records and accounts as directed and required by the board, aid
2in making reports required by the board, and perform such other
3duties as the board may delegate to him.
4    In addition, each year at a time designated by the State
5Superintendent of Education, each superintendent shall report
6to the State Board of Education the number of high school
7students in the district who are enrolled in accredited courses
8(for which high school credit will be awarded upon successful
9completion of the courses) at any community college, together
10with the name and number of the course or courses which each
11such student is taking.
12    (g) The provisions of this Section shall also apply to
13board of director districts.
14    (h) Notice of intent not to renew a contract must be given
15in writing stating the specific reason therefor by April 1 of
16the contract year unless the contract specifically provides
17otherwise. Failure to do so will automatically extend the
18contract for an additional year. Within 10 days after receipt
19of notice of intent not to renew a contract, the superintendent
20may request a closed session hearing on the dismissal. At the
21hearing the superintendent has the privilege of presenting
22evidence, witnesses and defenses on the grounds for dismissal.
23The provisions of this paragraph shall not apply to a district
24under a Financial Oversight Panel pursuant to Section 1A-8 for
25violating a financial plan.
26(Source: P.A. 99-846, eff. 6-1-17.)".