Public Act 096-1328
 
HB6079 EnrolledLRB096 20866 MJR 36640 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by adding Section
10-22.22d as follows:
 
    (105 ILCS 5/10-22.22d new)
    Sec. 10-22.22d. Pilot cooperative elementary school and
pilot cooperative high school.
    (a) Subject to the provisions of this Section, 2 contiguous
school districts that are (i) located all or in part in
Vermilion County; (ii) have an enrollment in grades 6-8 of less
than 150 during the 2008-2009 school year and in grades 9-12 of
less than 400 during the 2008-2009 school year; and (iii) have
a Junior High School serving grades 6, 7, and 8 in one of the
districts may, when in their judgment the interest of the
districts and of the students will be best served, jointly
pilot a cooperative elementary school or cooperative high
school, or both.
    The board of each district contemplating a joint operation
shall, by proper resolution, cause the proposition to enter
into such joint operation for a period not to exceed 3 years.
    The school boards of the participating districts may, if
they agree on terms, execute a contract for such joint
operation subject to the provisions of this Section.
    (b) The agreement for joint operation of any such
cooperative elementary school or cooperative high school, or
both, shall include, but not be limited to, provisions for
administration, staff, programs, financing, facilities, and
transportation. Agreements may be modified, by approval of each
of the participating districts, provided that a district may
withdraw from the agreement only if the district is
reorganizing with one or more districts under other provisions
of this Code.
    (c) A governing board, which shall govern the operation of
any such cooperative elementary school or cooperative high
school, or both, shall be apportioned to reflect the number of
students in each respective district who attend the cooperative
elementary school or cooperative high school, or both. The
membership of the governing board shall be 5 members. The
school board of each participating district shall select, from
its membership, its representatives on the governing board. The
governing board shall prepare and adopt a budget for the
cooperative elementary school or cooperative high school, or
both. The governing board shall administer the cooperative
elementary school or cooperative high school, or both, in
accordance with the agreement of the districts and shall have
the power to hire, supervise, and terminate staff; to enter
into contracts; to adopt policies for the school or schools;
and to take all other actions necessary and proper for the
operation of the school or schools. The governing board may not
levy taxes or incur any indebtedness except within the annual
budget approved by the participating districts.
    (d) Each participating district shall pay its per capita
cost of educating the students residing in its district and
attending any cooperative elementary school or cooperative
high school into the budget for the maintenance and operation
of the cooperative elementary school or cooperative high
school, or both.
    The manner of determining per capita cost shall be set
forth in the agreement. Each district shall pay the amount owed
the governing board under the terms of the agreement from the
fund that the district would have used if the district had
incurred the costs directly and may levy taxes and issue bonds
as otherwise authorized for these purposes in order to make
payments to the governing board.
    (e) Upon formation of the cooperative elementary school or
cooperative high school, or both, the school board of each
participating district shall:
        (1) confer and coordinate with each other and the
    governing board, if the governing board is then in
    existence, as to staffing needs for the cooperative
    elementary school or cooperative high school, or both;
        (2) in consultation with any exclusive employee
    representatives and the governing board, if the governing
    board is then in existence, establish a combined list of
    teachers in all participating districts, categorized by
    positions, showing the length of service and the
    contractual continued service status, if any, of each
    teacher in each participating district who is qualified to
    hold any positions at the cooperative elementary school or
    cooperative high school, or both, and then distribute this
    list to the exclusive employee representatives on or before
    February 1 of the school year prior to the commencement of
    the operation of the cooperative elementary school or
    cooperative high school, or both, or within 30 days after
    the date of the board resolutions, whichever occurs first;
    this list is in addition to and not a substitute for the
    list mandated by Section 24-12 of this Code; and
        (3) transfer to the governing board of the cooperative
    elementary school or cooperative high school, or both, the
    employment and the position of so many of the full-time or
    part-time school teachers employed by a participating
    district as are jointly determined by the school boards of
    the participating districts and the governing board, if the
    governing board is then in existence, to be needed at the
    cooperative school or schools, provided that these teacher
    transfers shall be done:
            (A) by categories listed on the seniority list
        mentioned in item (2) of this subsection (e);
            (B) in each category, by having teachers in
        contractual continued service being transferred before
        any teachers who are not in contractual continued
        service; and
            (C) in order from greatest seniority first through
        lesser amounts of seniority.
    A teacher who is not in contractual continued service shall
not be transferred if there is a teacher in contractual
continued service in the same category who is qualified to hold
the position that is to be filled.
    If there are more teachers who have entered upon
contractual continued service than there are available
positions at the cooperative elementary school or cooperative
high school, or both or within other assignments in the
district, a school board shall first remove or dismiss all
teachers who have not entered upon contractual continued
service before removing or dismissing any teacher who has
entered upon contractual continued service and who is legally
qualified (i) to hold a position at the cooperative elementary
school or cooperative high school, or both planned to be held
by a teacher who has not entered upon contractual continued
service or (ii) to hold another position in the participating
district. As between teachers who have entered upon contractual
continued service, the teacher or teachers with the shorter
length of continuing service in any of the participating
districts shall be dismissed first. Any teacher dismissed as a
result of such a decrease shall be paid all earned compensation
on or before the third business day following the last day of
pupil attendance in the regular school term. If the school
board that has dismissed a teacher or the governing board has
any vacancies for the following school term or within one
calendar year from the beginning of the following school term,
then the positions thereby becoming available shall be tendered
to the teachers so removed or dismissed so far as they are
legally qualified to hold such positions. If the number of
honorable dismissal notices in all participating districts
exceeds 15% of full-time equivalent positions filled by
certified employees (excluding principals and administrative
personnel) during the preceding school year in all
participating districts and if the school board that has
dismissed a teacher or the governing board has any vacancies
for the following school term or within 2 calendar years from
the beginning of the following school term, the positions so
becoming available shall be tendered to the teachers who were
so notified, removed, or dismissed whenever these teachers are
legally qualified to hold those positions.
    The provisions of Section 24-12 of this Code concerning
teachers whose positions are transferred from one board to the
control of a different board shall apply to the teachers who
are transferred. The contractual continued service of any
transferred teacher is not lost and the governing board is
subject to this Code with respect to the teacher in the same
manner as if the teacher had been the governing board's
employee during the time the teacher was actually employed by
the board of the district from which the position and the
teacher's employment were transferred. The time spent in
employment with a participating district by any teacher who has
not yet entered upon contractual continued service and who is
transferred to the governing board is not lost when computing
the time necessary for the teacher to enter upon contractual
continued service, and the governing board is subject to this
Code with respect to the teacher in the same manner as if the
teacher had been the governing board's employee during the time
the teacher was actually employed by the school board from
which the position and the teacher's employment were
transferred.
    At the conclusion of the pilot program, any teacher who was
transferred from a participating district shall be transferred
back to the district and Section 24-12 of this Code shall
apply. In that case, a district is subject to this Code in the
same manner as if the teacher transferred back had been
continuously in the service of the receiving district.
    (f) Upon formation of the cooperative elementary school or
cooperative high school, or both, the school board of each
participating district shall:
        (1) confer and coordinate with each other and the
    governing board, if the governing board is then in
    existence, as to needs for educational support personnel
    for the cooperative elementary school or cooperative high
    school, or both;
        (2) in consultation with any exclusive employee
    representative or bargaining agent and the governing
    board, if the governing board is then in existence,
    establish a combined list of educational support personnel
    in participating districts, categorized by positions,
    showing the length of continuing service of each full-time
    educational support personnel employee who is qualified to
    hold any such position at the cooperative elementary school
    or cooperative high school, or both, and then distribute
    this list to the exclusive employee representative or
    bargaining agent on or before February 1 of the school year
    prior to the commencement of the operation of the
    cooperative elementary school or cooperative high school,
    or both or within 30 days after the date of the board
    resolutions, whichever occurs first; and
        (3) transfer to the governing board of the cooperative
    elementary school or cooperative high school, or both the
    employment and the positions of so many of the full-time
    educational support personnel employees employed by a
    participating district as are jointly determined by the
    school boards of the participating districts and the
    governing board, if the governing board is then in
    existence, to be needed at the cooperative elementary
    school or cooperative high school, or both, provided that
    the full-time educational personnel employee transfers
    shall be done by categories on the seniority list mentioned
    in item (2) of this subsection (f) and done in order from
    greatest seniority first through lesser amounts of
    seniority.
    If there are more full-time educational support personnel
employees than there are available positions at the cooperative
elementary school or cooperative high school, or both or in the
participating district, then a school board shall first remove
or dismiss those educational support personnel employees with
the shorter length of continuing service in any of the
participating districts, within the respective category of
position. The governing board is subject to this Code with
respect to the educational support personnel employee as if the
educational support personnel employee had been the governing
board's employee during the time the educational support
personnel employee was actually employed by the school board of
the district from which the employment and position were
transferred. Any educational support personnel employee
dismissed as a result of such a decrease shall be paid all
earned compensation on or before the third business day
following his or her last day of employment. If the school
board that has dismissed the educational support personnel
employee or the governing board has any vacancies for the
following school term or within one calendar year from the
beginning of the following school term, then the positions
thereby becoming available within a specific category of
position shall be tendered to the employees so removed or
dismissed from that category of position so far as they are
legally qualified to hold such positions. At the conclusion of
the pilot, any educational support personnel employee who was
transferred from a participating district shall be transferred
back to the district and Section 10-23.5 of this Code shall
apply. In that case, a district is subject to this Code in the
same manner as if the educational support personnel employee
transferred back had been continuously in the service of the
receiving district.
    (g) This Section repeals 3 years after the beginning date
of operation of a pilot cooperative elementary school or a
pilot cooperative high school.
 
    Section 99. Effective date. This Act takes effect July 1,
2010.