Public Act 094-0213
Public Act 0213 94TH GENERAL ASSEMBLY
|
|
Public Act 094-0213
|
| HB1324 Enrolled |
LRB094 09007 NHT 39228 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 changing Sections | 10-21.12, 10-22.22, and 10-22.22b as follows:
| (105 ILCS 5/10-21.12) (from Ch. 122, par. 10-21.12)
| Sec. 10-21.12. Transfer of teachers. The employment of a | teacher
transferred from one board or administrative agent to | the control of a new
or different board or administrative agent | shall be considered continuous
employment if such
transfer of | employment occurred by reason of any of the following events:
| (1) a boundary change or the creation or reorganization of | any school
district pursuant to Article 7, 7A, 11A or 11B; or
| (2) the deactivation or reactivation of any high school or | elementary school pursuant to
Section 10-22.22b; or
| (3) the creation, expansion, reduction or dissolution of a | special
education program pursuant
to Section 10-22.31, or the | creation, expansion, reduction or dissolution of a joint
| educational program established under Section 10-22.31a; or
| (4) the creation, expansion, reduction, termination or | dissolution of
any joint agreement program operated by a | regional superintendent,
governing board, or other | administrative agent or any program operated
pursuant to an | Intergovernmental Joint Agreement. The changes made by this
| amendatory Act of 1990 are declaratory of existing law.
| (Source: P.A. 86-1441.)
| (105 ILCS 5/10-22.22) (from Ch. 122, par. 10-22.22)
| Sec. 10-22.22. Transportation for pupils-Tuition.
| To provide free transportation for pupils, and where in its | judgment the
interests of the district and of the pupils | therein will be best subserved
by so doing the school board may |
| permit the pupils in the district or in
any particular grade to | attend the schools of other districts and may
permit any pupil | to attend an area secondary vocational school operated by
a | public school district or a public or non-public vocational | school within
the State of Illinois or adjacent states approved | by the Board of
Vocational Education, and may provide free | transportation for such pupils
and shall pay the tuition of | such pupils in the schools attended; such
tuition shall be | based upon per capita cost computed in the following
manner: | The cost of conducting and maintaining any area secondary
| vocational school facility shall be first determined and shall | include the
following expenses applicable only to such | educational facility under rules
and regulations established | by the Board of Vocational Education and
Rehabilitation as | follows:
| a. Salaries of teachers, vocational counselors, and | supporting
professional workers, necessary non-certified | workers, clerks, custodial
employees, and any district taxes | specifically for their pension and
retirement benefits.
| b. Equipment and supplies necessary for program operation.
| c. Administrative costs.
| d. Operation of physical plant, including heat, light, | water, repairs,
and maintenance.
| e. Auxiliary service, not including any transportation | cost.
| From such total cost thus determined there shall be | deducted the State
reimbursement due on account of such | educational facility for the same
year, not including any State | reimbursement for area secondary vocational
school | transportation. Such net cost shall be divided by the average | number
of pupils in average daily attendance in such area | secondary vocational
school facility for the school year in | order to arrive at the net per
capita tuition cost. Such costs | shall be computed on pupils regularly
enrolled in an area | secondary vocational school on the basis of one-sixth
day for | every class hour attended pursuant to such enrollment. |
| Provided,
that the board subject to the approval of the county | superintendent of
schools may determine what schools outside of | their district such pupils
shall attend. This section does not | require the board of directors or board
of education of any | district to admit pupils from another district.
| Notwithstanding any provisions in this section every school | board shall
maintain an elementary school within the district.
| (Source: P.A. 76-1522.)
| (105 ILCS 5/10-22.22b) (from Ch. 122, par. 10-22.22b)
| Sec. 10-22.22b. (a) The provisions of this subsection shall | not apply
to the deactivation of a high school facility under | subsection (c). Where in
its judgment the interests of the | district and of the students therein will be
best served, to | deactivate any high school facility or elementary school | facility in the district and send
the students of such high | school in grades 9 through 12 or such elementary school in | grades kindergarten through 8, as applicable, to schools in | other
districts. Such action may be taken only with the | approval of the voters in
the district and the approval, by | proper resolution, of the school board of the
receiving | district. The board of the district contemplating deactivation
| shall, by proper resolution, cause the proposition
to | deactivate the high school facility to be submitted to the
| voters of the district at a regularly scheduled election. | Notice shall be
published at least 10 days prior to the date of | the election at least once
in one or more newspapers published | in the district or, if no newspaper
is published in the | district, in one or more newspapers with a general
circulation | within the district. The notice shall be substantially in the
| following form:
| NOTICE OF REFERENDUM TO
| DEACTIVATE THE ... HIGH SCHOOL FACILITY
| IN SCHOOL DISTRICT NO. ........
| Notice is hereby given that on (insert date), a referendum | will be held in
........ County (Counties) for the purpose
of |
| voting for or against the proposition to deactivate the ...... | High School
facility in School District No. ...... and to send | pupils in ...... High School
to School District(s) No. .......
| The polls will be open at .... o'clock ... m., and close at | .... o'clock
... m. of the same day.
| A............ B...............
| Dated (insert date).
| Regional Superintendent of Schools
| The proposition shall be in substantially the following form:
| -------------------------------------------------------------
| Shall the Board
| of Education of School
| District No. ...., YES
| ..... County, Illinois, be
| authorized to deactivate -------------------------
| the .... High School facility
| and to send pupils in ....... NO
| High School to School
| District(s) No. .....?
| -------------------------------------------------------------
| If the majority of those voting upon the proposition in the | district
contemplating deactivation vote in favor of the | proposition, the board of
that district, upon approval of the | board of the receiving district, shall
execute a contract with | the receiving district providing for the reassignment
of | students to the receiving district. If the deactivating | district seeks to
send its students to more than one district, | it shall execute a contract with
each receiving district. The | length of the contract shall be for 2 school
years, but the | districts may renew the contract for additional one year or 2
| year periods. Contract renewals shall be executed by January 1 | of the year in
which the existing contract expires. If the | majority of those voting upon the
proposition do not vote in | favor of the proposition, the school facility may
not be | deactivated.
|
| The sending district shall pay to the receiving district an | amount agreed
upon by the 2 districts.
| When the deactivation of high school facilities becomes | effective
pursuant to this Section, the provisions of Section | 24-12 relative to the
contractual continued service status of | teachers having contractual
continued service whose positions | are transferred from one board to the
control of a different | board shall apply, and the positions at the high
school | facilities being deactivated held by teachers, as that term is
| defined in Section 24-11, having contractual continued service | with the
school district at the time of the deactivation shall | be transferred to the
control of the board or boards who shall | be receiving the district's high
school students on the | following basis:
| (1) positions of such teachers in contractual | continued service that
were full time positions shall be | transferred to the control of whichever
of such boards such | teachers shall request with the teachers making such
| requests proceeding in the order of those with the greatest | length of
continuing service with the board to those with | the shortest length of
continuing service with the board, | provided that the number selecting one
board over another | board or other boards shall not exceed that proportion
of | the high school students going to such board or boards; and
| (2) positions of such teachers in contractual | continued service that
were full time positions and as to | which there is no selection left under
subparagraph 1 | hereof shall be transferred to the appropriate board.
| The contractual continued service status of any teacher | thereby
transferred to another district is not lost and the | receiving board is
subject to the School Code with respect to | such transferred teacher in the
same manner as if such teacher | was the district's employee during the time
such teacher was | actually employed by the board of the deactivating
district | from which the position was transferred.
| (b) The provisions of this subsection shall not apply to |
| the
reactivation of a high school facility which is deactivated | under
subsection (c). The sending district may, with the | approval
of the voters in the district, reactivate the high
| school facility which was
deactivated. The board of the | district seeking to reactivate the school
facility shall, by | proper resolution, cause the proposition to reactivate to be
| submitted to the voters of the district at a regularly | scheduled election.
Notice shall be published at least 10 days | prior to the date of the election at
least once in one or more | newspapers published in the district or, if no
newspaper is | published in the district, in one or more newspapers with a
| general circulation within the district. The notice shall be | substantially in
the following form:
| NOTICE OF REFERENDUM TO
| REACTIVATE THE ...... HIGH SCHOOL FACILITY
| IN SCHOOL DISTRICT NO. ......
| Notice is hereby given that on (insert date), a referendum | will be held in ...... County (Counties) for the purpose
of | voting for or against the proposition to reactivate the ..... | High School
facility in School District No. ..... and to | discontinue sending pupils of
School District No. ...... to | School District(s) No. .....
| The polls will be opened at ... o'clock .. m., and closed | at ... o'clock ..
m. of the same day.
| A............. B............
| Dated (insert date).
| Regional Superintendent of Schools
| The proposition shall be in substantially the following form:
| -------------------------------------------------------------
| Shall the Board
| of Education of School YES
| District No. ......,
| ...... County, Illinois,
| be authorized to -------------------
| reactivate the .... High School
|
| facility and to discontinue sending
| pupils of School District No. .... NO
| to School District(s) No. ......?
| -------------------------------------------------------------
| (c) The school board of any unit school district which | experienced a
strike by a majority of its certified employees | that endured for over 6
months during the regular school term | of the 1986-1987 school year, and
which during the ensuing | 1987-1988 school year had an enrollment in grades 9
through 12 | of less than 125 students may, when in its judgment the
| interests of the district and of the students therein will be | best served
thereby, deactivate the high school facilities | within the district for the
regular term of the 1988-1989 | school year and, for that school year only,
send the students | of such high school in grades 9 through 12 to schools in
| adjoining or adjacent districts. Such action may only be taken: | (a) by
proper resolution of the school board deactivating its | high school
facilities and the approval, by proper resolution, | of the school board of
the receiving district or districts, and | (b) pursuant to a contract between
the sending and each | receiving district, which contract or contracts: (i)
shall | provide for the reassignment of all students of the deactivated | high
school in grades 9 through 12 to the receiving district or | districts; (ii)
shall apply only to the regular school term of | the 1988-1989 school year;
(iii) shall not be subject to | renewal or extension; and (iv) shall require
the sending | district to pay to the receiving district the cost of educating
| each student who is reassigned to the receiving district, such | costs to be
an amount agreed upon by the sending and receiving | district but not less
than the per capita cost of maintaining | the high school in the receiving
district during the 1987-1988 | school year. Any high school facility
deactivated pursuant to | this subsection for the regular school term of the
1988-1989 | school year shall be reactivated by operation of law as of the
| end of the regular term of the 1988-1989 school year. The | status as a unit
school district of a district which |
| deactivates its high school facilities
pursuant to this | subsection shall not be affected by reason of such
deactivation | of its high school facilities and such district shall continue
| to be deemed in law a school district maintaining grades | kindergarten
through 12 for all purposes relating to the levy, | extension, collection and
payment of the taxes of the district | under Article 17 for the 1988-1989
school year.
| (d) Whenever a high school facility is reactivated pursuant
| to the provisions of this Section, then all teachers in | contractual
continued service who were honorably dismissed or | transferred as part of
the deactivation process, in addition to | other rights they may have under
the School Code, shall be | recalled or transferred back to the original
district.
| (Source: P.A. 91-357, eff. 7-29-99.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 7/14/2005
|
Translate
