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91_HB0131enr
HB0131 Enrolled LRB9100820NTsb
1 AN ACT to amend the School Code by changing Section
2 10-22.22c.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Section 10-22.22c as follows:
7 (105 ILCS 5/10-22.22c) (from Ch. 122, par. 10-22.22c)
8 Sec. 10-22.22c. (a) Subject to the following provisions
9 of this Section two or more contiguous school districts each
10 of which has an enrollment in grades 9 through 12 of less
11 than 600 students may, when in their judgment the interest of
12 the districts and of the students therein will be best
13 served, jointly operate one or more cooperative high schools
14 school attendance centers. Such action shall be taken for a
15 minimum period of 20 5 school years, and may be taken only
16 with the approval of the voters of each district. A district
17 with 600 or more students enrolled in grades 9 through 12 may
18 qualify for inclusion with one or more districts having less
19 than 600 such students by receiving a size waiver from the
20 State Board of Education based on a finding that such
21 inclusion would significantly increase the educational
22 opportunities of the district's students, and by meeting the
23 other prerequisites of this Section. The board of each
24 district contemplating such joint operation shall, by proper
25 resolution, cause the proposition to enter into such joint
26 operation to be submitted to the voters of the district at a
27 regularly scheduled election. Notice shall be published at
28 least 10 days prior to the date of the election at least once
29 in one or more newspapers published in the district or, if no
30 newspaper is published in the district, in one or more
31 newspapers with a general circulation within the district.
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1 The notice shall be substantially in the following form:
2 NOTICE OF REFERENDUM FOR SCHOOL DISTRICT
3 NO. ....... AND SCHOOL DISTRICT NO. .......
4 TO JOINTLY OPERATE (A) COOPERATIVE HIGH
5 SCHOOL (SCHOOLS) ATTENDANCE CENTER (CENTERS)
6 Notice is hereby given that on (insert date), the .......
7 day of ......., 19...., a referendum will be held in .......
8 County (Counties) for the purpose of voting for or against
9 the proposition for School District No. ....... and School
10 District No. ....... to jointly operate (a) cooperative high
11 school (schools) attendance center (centers).
12 The polls will be open at ....... o'clock ....... m., and
13 close at ....... o'clock ....... m., of the same day.
14 A ........ B ........
15 Dated (insert date).
16 this ....... day of ......., 19......
17 Regional Superintendent of Schools
18 The proposition shall be in substantially the following
19 form:
20 -------------------------------------------------------------
21 Shall the Board of Education of
22 School District No. ...., ..... YES
23 County (Counties), Illinois be
24 authorized to enter with
25 into an agreement with School ----------------------
26 District No. ...., .... County
27 (Counties), Illinois to jointly
28 operate (a) cooperative high NO
29 school (schools) attendance center (centers)?
30 -------------------------------------------------------------
31 If the majority of those voting on the proposition in each
32 district vote in favor of the proposition, the school boards
33 of the participating districts may, if they agree on terms,
34 execute a contract for such joint operation subject to the
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1 following provisions of this Section.
2 (b) The agreement for joint operation of any such
3 cooperative high school attendance center shall be executed
4 on forms provided by the State Board of Education and shall
5 include, but not be limited to, a process to resolve disputes
6 on matter which each participating district cannot agree,
7 provisions for administration, staff, programs, financing,
8 facilities, and transportation subject to the provisions of
9 this Section. Such agreements may be modified, extended, or
10 terminated by approval of each of the participating districts
11 , provided that a district may withdraw from the agreement
12 during its initial 20-year term only if the district is
13 reorganizing with one or more districts under other
14 provisions of this Code. Even if 2 or more of the
15 participating district boards approve an extension of the
16 agreement, any other participating district shall, upon
17 failure of its board to approve such extension, disengage
18 from such participation at the end of the then current
19 agreement term.
20 (c) A governing An advisory board, which shall govern
21 the operation of any such cooperative high school attendance
22 center, shall be composed of an equal number of board members
23 from each of the participating districts, except that where
24 all participating district boards concur, membership on the
25 governing advisory board may be apportioned to reflect the
26 number of students in each respective district who attend the
27 cooperative high school. The membership of the governing
28 advisory board shall be not less than 6 nor more than 10 and
29 shall be set by the agreement entered into by the
30 participating districts. The school board of each
31 participating district shall select, from its membership, its
32 representatives on the governing advisory board. The
33 governing advisory board shall prepare and adopt recommend a
34 budget for the cooperative high school attendance center
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1 which must be approved by each of the participating districts
2 Each participating school district shall
11 provide any necessary transportation for students residing in
12 the district, or enter into an agreement with the other
13 participating districts for transportation of its students.
14 (e) Each participating district shall pay its per capita
15 cost of educating the students residing in its district and
16 attending any such cooperative high school attendance center
17 into the budget for the maintenance and operation of the
18 cooperative high school attendance center or centers.
19 The manner of determining Such per capita cost shall be
20 set forth in the agreement. Each district shall pay the
21 amount owed the governing board under the terms of the
22 agreement from the fund that the district would have used if
23 the district had incurred the costs directly and may levy
24 taxes and issue bonds as otherwise authorized for these
25 purposes in order to make payments to the governing board.
26 computed in the following manner. The cost of operating and
27 maintaining each such cooperative high school attendance
28 center shall be first determined by the advisory board and
29 shall include the following expenses applicable only to each
30 such attendance center under rules and regulations
31 established by the State Board of Education as follows:
32 (1) Salaries of principals, teachers, professional
33 workers, necessary noncertified workers, clerks, librarians,
34 custodial employees, and any district taxes levied
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1 specifically for their pension and retirement benefits.
2 (2) Educational supplies and equipment, including
3 textbooks.
4 (3) Administrative costs and communication.
5 (4) Operation of physical plant, including heat, light,
6 water, repairs, and maintenance.
7 (5) Auxiliary service, including up to 20% of
8 unreimbursed transportation costs.
9 (6) Depreciation of physical facilities at a rate not to
10 exceed $200 per pupil.
11 (f) Additional school districts having an enrollment in
12 grades 9 through 12 of less than 600 students may be added to
13 the agreement in accordance with the process described in
14 subsection (a) of this Section. In the event additional
15 districts are added, a new contract shall be executed in
16 accordance with the provisions of this Section.
17 (g) Upon formation of the cooperative high school, the
18 school board of each participating district shall:
19 (1) confer and coordinate with each other and the
20 governing board, if the governing board is then in
21 existence, as to staffing needs for the cooperative high
22 school;
23 (2) in consultation with any exclusive employee
24 representatives and the governing board, if the governing
25 board is then in existence, establish a combined list of
26 teachers in all participating districts, categorized by
27 positions, showing the length of service and the
28 contractual continued service status, if any, of each
29 teacher in each participating district who is qualified
30 to hold any such positions at the cooperative high
31 school, and then distribute this list to the exclusive
32 employee representatives on or before February 1 of the
33 school year prior to the commencement of the operation of
34 the cooperative high school or within 30 days after the
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1 date of the referendum election if the proposition
2 receives a majority of those voting in each district,
3 whichever occurs first. This list is in addition to and
4 not a substitute for the list mandated by Section 24-12
5 of this Code; and
6 (3) transfer to the governing board of the
7 cooperative high school the employment and the position
8 of so many of the full-time or part-time high school
9 teachers employed by a participating district as are
10 jointly determined by the school boards of the
11 participating districts and the governing board, if the
12 governing board is then in existence, to be needed at the
13 cooperative high school, provided that these teacher
14 transfers shall be done:
15 (A) by categories listed on the seniority list
16 mentioned in subdivision (2) of this subsection (g);
17 (B) in each category, by having teachers in
18 contractual continued service being transferred
19 before any teachers who are not in contractual
20 continued service; and
21 (C) in order from greatest seniority first
22 through lesser amounts of seniority.
23 A teacher who is not in contractual continued service
24 shall not be transferred if there is a teacher in contractual
25 continued service in the same category who is qualified to
26 hold the position that is to be filled.
27 If there are more teachers who have entered upon
28 contractual continued service than there are available
29 positions at the cooperative high school or within other
30 assignments in the district, a school board shall first
31 remove or dismiss all teachers who have not entered upon
32 contractual continued service before removing or dismissing
33 any teacher who has entered upon contractual continued
34 service and who is legally qualified (i) to hold a position
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1 at the cooperative high school planned to be held by a
2 teacher who has not entered upon contractual continued
3 service or (ii) to hold another position in the participating
4 district. As between teachers who have entered upon
5 contractual continued service, the teacher or teachers with
6 the shorter length of continuing service in any of the
7 participating districts shall be dismissed first. Any
8 teacher dismissed as a result of such a decrease shall be
9 paid all earned compensation on or before the third business
10 day following the last day of pupil attendance in the regular
11 school term. If the school board that has dismissed a
12 teacher or the governing board has any vacancies for the
13 following school term or within one calendar year from the
14 beginning of the following school term, the positions thereby
15 becoming available shall be tendered to the teachers so
16 removed or dismissed so far as they are legally qualified to
17 hold such positions. However, if the number of honorable
18 dismissal notices in all participating districts exceeds 15%
19 of full-time equivalent positions filled by certified
20 employees (excluding principals and administrative personnel)
21 during the preceding school year in all participating
22 districts and if the school board that has dismissed a
23 teacher or the governing board has any vacancies for the
24 following school term or within 2 calendar years from the
25 beginning of the following school term, the positions so
26 becoming available shall be tendered to the teachers who were
27 so notified, removed, or dismissed whenever these teachers
28 are legally qualified to hold such positions.
29 The provisions of Section 24-12 of this Code concerning
30 teachers whose positions are transferred from one board to
31 the control of a different board shall apply to the teachers
32 who are transferred. The contractual continued service of
33 any transferred teacher is not lost and the governing board
34 is subject to this Code with respect to the teacher in the
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1 same manner as if the teacher had been the governing board's
2 employee during the time the teacher was actually employed by
3 the board of the district from which the position and the
4 teacher's employment were transferred. The time spent in
5 employment with a participating district by any teacher who
6 has not yet entered upon contractual continued service and
7 who is transferred to the governing board is not lost when
8 computing the time necessary for the teacher to enter upon
9 contractual continued service, and the governing board is
10 subject to this Code with respect to the teacher in the same
11 manner as if the teacher had been the governing board's
12 employee during the time the teacher was actually employed by
13 the school board from which the position and the teacher's
14 employment were transferred.
15 If the cooperative high school is dissolved, any teacher
16 who was transferred from a participating district shall be
17 transferred back to the district and Section 24-12 of this
18 Code shall apply. In that case, a district is subject to
19 this Code in the same manner as if the teacher transferred
20 back had been continuously in the service of the receiving
21 district. Administrators, teachers and other staff assigned
22 to the cooperative high school attendance center or centers
23 by participating school districts shall continue to be
24 subject to employment by and to maintain all rights,
25 privileges and benefits in the districts from which they were
26 assigned, however, the participating districts may jointly
27 employ a principal to oversee the administration of the
28 cooperative high school attendance center agreement provided
29 the principal does not have authority to employ or terminate
30 the employment of other personnel.
31 (h) Upon formation of the cooperative high school, the
32 school board of each participating district shall:
33 (1) confer and coordinate with each other and the
34 governing board, if the governing board is then in
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1 existence, as to needs for educational support personnel
2 for the cooperative high school;
3 (2) in consultation with any exclusive employee
4 representative or bargaining agent and the governing
5 board, if the governing board is then in existence,
6 establish a combined list of educational support
7 personnel in participating districts, categorized by
8 positions, showing the length of continuing service of
9 each full-time educational support personnel employee who
10 is qualified to hold any such position at the cooperative
11 high school, and then distribute this list to the
12 exclusive employee representative or bargaining agent on
13 or before February 1 of the school year prior to the
14 commencement of the operation of the cooperative high
15 school or within 30 days after the date of the referendum
16 election if the proposition receives a majority of those
17 voting in each district, whichever occurs first; and
18 (3) transfer to the governing board of the
19 cooperative high school the employment and the positions
20 of so many of the full-time educational support personnel
21 employees employed by a participating district as are
22 jointly determined by the school boards of the
23 participating districts and the governing board, if the
24 governing board is then in existence, to be needed at the
25 cooperative high school, provided that the full-time
26 educational personnel employee transfers shall be done by
27 categories on the seniority list mentioned in subdivision
28 (2) of this subsection (h) and done in order from
29 greatest seniority first through lesser amounts of
30 seniority.
31 If there are more full-time educational support personnel
32 employees than there are available positions at the
33 cooperative high school or in the participating district, a
34 school board shall first remove or dismiss those educational
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1 support personnel employees with the shorter length of
2 continuing service in any of the participating districts,
3 within the respective category of position. The governing
4 board is subject to this Code with respect to the educational
5 support personnel employee as if the educational support
6 personnel employee had been the governing board's employee
7 during the time the educational support personnel employee
8 was actually employed by the school board of the district
9 from which the employment and position were transferred. Any
10 educational support personnel employee dismissed as a result
11 of such a decrease shall be paid all earned compensation on
12 or before the third business day following his or her last
13 day of employment. If the school board that has dismissed the
14 educational support personnel employee or the governing board
15 has any vacancies for the following school term or within one
16 calendar year from the beginning of the following school
17 term, the positions thereby becoming available within a
18 specific category of position shall be tendered to the
19 employees so removed or dismissed from that category of
20 position so far as they are legally qualified to hold such
21 positions. If the cooperative high school is dissolved, any
22 educational support personnel employee who was transferred
23 from a participating district shall be transferred back to
24 the district and Section 10-23.5 of this Code shall apply.
25 In that case, a district is subject to this Code in the same
26 manner as if the educational support personnel employee
27 transferred back had been continuously in the service of the
28 receiving district.
29 (Source: P.A. 85-759; 85-1005; revised 10-20-98.)
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