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| Public Act 094-0213 |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Sections | ||||
10-21.12, 10-22.22, and 10-22.22b as follows:
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(105 ILCS 5/10-21.12) (from Ch. 122, par. 10-21.12)
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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:
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(1) a boundary change or the creation or reorganization of | ||||
any school
district pursuant to Article 7, 7A, 11A or 11B; or
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(2) the deactivation or reactivation of any high school or | ||||
elementary school pursuant to
Section 10-22.22b; or
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(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
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educational program established under Section 10-22.31a; or
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(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
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amendatory Act of 1990 are declaratory of existing law.
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(Source: P.A. 86-1441.)
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(105 ILCS 5/10-22.22) (from Ch. 122, par. 10-22.22)
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Sec. 10-22.22. Transportation for pupils-Tuition.
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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
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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:
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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.
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b. Equipment and supplies necessary for program operation.
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c. Administrative costs.
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d. Operation of physical plant, including heat, light, | ||
water, repairs,
and maintenance.
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e. Auxiliary service, not including any transportation | ||
cost.
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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.
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Notwithstanding any provisions in this section every school | ||
board shall
maintain an elementary school within the district.
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(Source: P.A. 76-1522.)
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(105 ILCS 5/10-22.22b) (from Ch. 122, par. 10-22.22b)
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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
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shall, by proper resolution, cause the proposition
to | ||
deactivate the high school facility to be submitted to the
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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
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following form:
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NOTICE OF REFERENDUM TO
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DEACTIVATE THE ... HIGH SCHOOL FACILITY
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IN SCHOOL DISTRICT NO. ........
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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. .......
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The polls will be open at .... o'clock ... m., and close at | ||
.... o'clock
... m. of the same day.
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A............ B...............
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Dated (insert date).
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Regional Superintendent of Schools
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The proposition shall be in substantially the following form:
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-------------------------------------------------------------
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Shall the Board
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of Education of School
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District No. ...., YES
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..... County, Illinois, be
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authorized to deactivate -------------------------
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the .... High School facility
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and to send pupils in ....... NO
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High School to School
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District(s) No. .....?
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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
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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.
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The sending district shall pay to the receiving district an | ||
amount agreed
upon by the 2 districts.
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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
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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:
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(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
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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
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(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.
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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.
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(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
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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
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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
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general circulation within the district. The notice shall be | ||
substantially in
the following form:
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NOTICE OF REFERENDUM TO
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REACTIVATE THE ...... HIGH SCHOOL FACILITY
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IN SCHOOL DISTRICT NO. ......
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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. .....
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The polls will be opened at ... o'clock .. m., and closed | ||
at ... o'clock ..
m. of the same day.
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A............. B............
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Dated (insert date).
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Regional Superintendent of Schools
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The proposition shall be in substantially the following form:
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Shall the Board
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of Education of School YES
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District No. ......,
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...... County, Illinois,
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be authorized to -------------------
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reactivate the .... High School
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facility and to discontinue sending
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pupils of School District No. .... NO
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to School District(s) No. ......?
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(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
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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
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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
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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
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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
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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.
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(d) Whenever a high school facility is reactivated pursuant
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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.
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(Source: P.A. 91-357, eff. 7-29-99.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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