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Public Act 095-0148
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| HB1847 Enrolled |
LRB095 08702 NHT 31613 b |
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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 |
10-22.22b, 10-23.5, and 11E-110 as follows:
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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 school facility to be submitted to the
voters of |
the district at a regularly scheduled election. Notice shall be
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published at least 10 days prior to the date of the election at |
least once
in one or more newspapers published in the district |
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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:
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NOTICE OF REFERENDUM TO
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DEACTIVATE THE ... 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 ...... |
School
facility in School District No. ...... and to send |
pupils in ...... 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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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 .... School facility
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and to send pupils in ....... NO
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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 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
school facilities |
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being deactivated held by teachers, as that term is
defined in |
Section 24-11, having contractual continued service with the
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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 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 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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When the deactivation of school facilities becomes |
effective pursuant to this Section, the provisions of |
subsection (b) of Section 10-23.5 of this Code relative to the |
transfer of educational support personnel employees shall |
apply, and the positions at the school facilities being |
deactivated that are held by educational support personnel |
employees at the time of the deactivation shall be transferred |
to the control of the board or boards that will be receiving |
the district's students on the following basis: |
(A) positions of such educational support personnel |
employees that were full-time positions shall be |
transferred to the control of whichever of the boards the |
employees request, with the educational support personnel |
employees making these 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 must not |
exceed that proportion of students going to such board or |
boards; and |
(B) positions of such educational support personnel |
employees that were full-time positions and as to which |
there is no selection left under subdivision (A) shall be |
transferred to the appropriate board. |
The length of continuing service of any educational support |
personnel employee thereby transferred to another district is |
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not lost and the receiving board is subject to this Code with |
respect to that transferred educational support personnel |
employee in the same manner as if the educational support |
personnel employee was the district's employee during the time |
the educational support personnel employee 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
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
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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 ...... 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 |
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voting for or against the proposition to reactivate the ..... |
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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-------------------------------------------------------------
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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 .... 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 |
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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 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.
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(Source: P.A. 94-213, eff. 7-14-05.)
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(105 ILCS 5/10-23.5) (from Ch. 122, par. 10-23.5)
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Sec. 10-23.5. Educational support personnel employees. |
(a) To employ such
educational support personnel employees |
as it deems advisable and to define
their employment duties; |
provided that residency within any school district
shall not be |
considered in determining the employment or the compensation of
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any such employee, or whether to retain, promote, assign or |
transfer such
employee. If an educational support personnel |
employee is removed or dismissed
as a result of a decision of |
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the school board (i) to decrease the number of
educational |
support personnel employees employed by the board or (ii) to |
discontinue
some particular type of educational support |
service, written notice shall be
mailed to the employee and |
also given the employee either by certified mail,
return |
receipt requested or personal delivery with receipt at least 30 |
days before the employee is removed or dismissed, together with |
a statement of honorable dismissal and the reason
therefor. The |
employee with the shorter length of continuing service with the
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district, within the respective category of position, shall be |
dismissed first
unless an alternative method of determining the |
sequence of dismissal is
established in a collective bargaining |
agreement or contract between the
board and any exclusive |
bargaining agent and except that this provision shall
not |
impair the operation of any affirmative action program in the |
district,
regardless of whether it exists by operation of law |
or is conducted on a
voluntary basis by the board. If the board |
has any vacancies for the following
school term or within one |
calendar year from the beginning of the following
school term, |
the positions thereby becoming available within a specific
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category of position shall be tendered to the employees so |
removed or dismissed
from that category of position, so far as |
they are qualified to hold such
positions. Each board shall, in |
consultation with any exclusive employee
representative or |
bargaining agent, each year establish a list, categorized
by |
positions, showing the length of continuing service of each |
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full time
educational support personnel employee who is |
qualified to hold any such
positions, unless an alternative |
method of determining a sequence of dismissal
is established as
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provided for in this Section, in which case a list shall be |
made in
accordance with the alternative method. Copies of the |
list shall be
distributed to the exclusive employee |
representative or bargaining agent on
or before February 1 of |
each year. Where an educational support personnel
employee is |
dismissed by the board as a result of a
decrease in the number |
of employees or the discontinuance of the employee's
job, the |
employee shall be paid all earned compensation on or before the
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third business day following his or her last day of employment.
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The provisions of this amendatory Act of 1986 relating to |
residency
within any school district shall not apply to cities |
having a population
exceeding 500,000 inhabitants.
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(b) In the case of a new school district or districts |
formed in accordance with Article 11E of this Code, a school |
district or districts that annex all of the territory of one or |
more entire other school districts in accordance with Article 7 |
of this Code, or a school district receiving students from a |
deactivated school facility in accordance with Section |
10-22.22b of this Code, the employment of educational support |
personnel in the new, annexing, or receiving school district |
immediately following the reorganization shall be governed by |
this subsection (b). Lists of the educational support personnel |
employed in the individual districts for the school year |
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immediately prior to the effective date of the new district or |
districts, annexation, or deactivation shall be combined for |
the districts forming the new district or districts, for the |
annexed and annexing districts, or for the deactivating and |
receiving districts, as the case may be. The combined list |
shall be 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. |
If there are more full-time educational support personnel |
employees on the combined list than there are available |
positions in the new, annexing, or receiving school district, |
then the employing school board shall first remove or dismiss |
those educational support personnel employees with the shorter |
length of continuing service within the respective category of |
position, following the procedures outlined in subsection (a) |
of this Section. The employment and position of each |
educational support personnel employee on the combined list not |
so removed or dismissed shall be transferred to the new, |
annexing, or receiving school board, and the new, annexing, or |
receiving school board is subject to this Code with respect to |
any educational support personnel employee so transferred as if |
the educational support personnel employee had been the new, |
annexing, or receiving 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. |
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The changes made by this amendatory Act of the 95th General |
Assembly shall not apply to the formation of a new district or |
districts in accordance with Article 11E of this Code, the |
annexation of one or more entire districts in accordance with |
Article 7 of this Code, or the deactivation of a school |
facility in accordance with Section 10-22.22b of this Code |
effective on or before July 1, 2007.
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(Source: P.A. 89-618, eff. 8-9-96; 90-548, eff. 1-1-98.)
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(105 ILCS 5/11E-110) |
Sec. 11E-110. Teachers in contractual continued service; |
educational support personnel employees. |
(a) When a school district conversion or multi-unit |
conversion becomes effective for purposes of administration |
and attendance, as determined pursuant to Section 11E-70 of |
this Code, the provisions of Section 24-12 of this Code |
relative to the contractual continued service status of |
teachers having contractual continued service whose positions |
are transferred from one school board to the control of a new |
or different school board shall apply, and the positions held |
by teachers, as that term is defined in Section 24-11 of this |
Code, having contractual continued service with the unit |
district at the time of its dissolution shall be transferred on |
the following basis: |
(1) positions of teachers in contractual continued |
service that, during the 5 school years immediately |
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preceding the effective date of the change, as determined |
under Section 11E-70 of this Code, were full-time positions |
in which all of the time required of the position was spent |
in one or more of grades 9 through 12 shall be transferred |
to the control of the school board of the new high school |
district or combined high school - unit district, as the |
case may be; |
(2) positions of teachers in contractual continued |
service that, during the 5 school years immediately |
preceding the effective date of the change, as determined |
under Section 11E-70 of this Code, were full-time positions |
in which all of the time required of the position was spent |
in one or more of grades kindergarten through 8 shall be |
transferred to the control of the school board of the newly |
created successor elementary district; and |
(3) positions of teachers in contractual continued |
service that were full-time positions not required to be |
transferred to the control of the school board of the new |
high school district or combined high school - unit |
district, as the case may be,
or the school board of the |
newly created successor elementary district under the |
provisions of subdivision (1) or (2) of this subsection (a) |
shall be transferred to the control of whichever of the |
boards the teacher shall request. |
(4) With respect to each position to be transferred under |
the provisions of this subsection (a), the amount of time |
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required of each position to be spent in one or more of grades |
kindergarten through 8 and 9 through 12 shall be determined |
with reference to the applicable records of the unit district |
being dissolved pursuant to stipulation of the school board of |
the unit district prior to the effective date of its |
dissolution or thereafter of the school board of the newly |
created districts and with the approval in either case of the |
regional superintendent of schools of the educational service |
region in which the territory described in the petition filed |
under this Article or the greater percentage of equalized |
assessed evaluation of the territory is situated; however, if |
no such stipulation can be agreed upon, the regional |
superintendent of schools, after hearing any additional |
relevant and material evidence that any school board desires to |
submit, shall make the determination. |
(a-5) When a school district conversion or multi-unit |
conversion becomes effective for purposes of administration |
and attendance, as determined pursuant to Section 11E-70 of |
this Code, the provisions of subsection (b) of Section 10-23.5 |
of this Code relative to the transfer of educational support |
personnel employees shall apply, and the positions held by |
educational support personnel employees shall be transferred |
on the following basis: |
(1) positions of educational support personnel |
employees that, during the 5 school years immediately |
preceding the effective date of the change, as determined |
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under Section 11E-70 of this Code, were full-time positions |
in which all of the time required of the position was spent |
in one or more of grades 9 through 12 shall be transferred |
to the control of the school board of the new high school |
district or combined high school - unit district, as the |
case may be; |
(2) positions of educational support personnel |
employees that, during the 5 school years immediately |
preceding the effective date of the change, as determined |
under Section 11E-70 of this Code, were full-time positions |
in which all of the time required of the position was spent |
in one or more of grades kindergarten through 8 shall be |
transferred to the control of the school board of the newly |
created successor elementary district; and |
(3) positions of educational support personnel |
employees that were full-time positions not required to be |
transferred to the control of the school board of the new |
high school district or combined high school - unit |
district, as the case may be, or the school board of the |
newly created successor elementary district under |
subdivision (1) or (2) of this subsection (a-5) shall be |
transferred to the control of whichever of the boards the |
educational support personnel employee requests. |
With respect to each position to be transferred under this |
subsection (a-5), the amount of time required of each position |
to be spent in one or more of grades kindergarten through 8 and |
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9 through 12 shall be determined with reference to the |
applicable records of the unit district being dissolved |
pursuant to stipulation of the school board of the unit |
district prior to the effective date of its dissolution or |
thereafter of the school board of the newly created districts |
and with the approval in either case of the regional |
superintendent of schools of the educational service region in |
which the territory described in the petition filed under this |
Article or the greater percentage of equalized assessed |
evaluation of the territory is situated; however, if no such |
stipulation can be agreed upon, the regional superintendent of |
schools, after hearing any additional relevant and material |
evidence that any school board desires to submit, shall make |
the determination.
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(b) When the creation of a unit district or a combined |
school district becomes effective for purposes of |
administration and attendance, as determined pursuant to |
Section 11E-70 of this Code, the positions of teachers in |
contractual continued service in the districts involved in the |
creation of the new district are transferred to the newly |
created district pursuant to the provisions of Section 24-12 of |
this Code relative to teachers having contractual continued |
service status whose positions are transferred from one board |
to the control of a different board, and those provisions of |
Section 24-12 shall apply to these transferred teachers. The |
contractual continued service status of any teacher thereby |
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transferred to the newly created district is not lost and the |
new school board is subject to this Code with respect to the |
transferred teacher in the same manner as if the teacher was |
that district's employee and had been its employee during the |
time the teacher was actually employed by the school board of |
the district from which the position was transferred.
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(c) When the creation of a unit district or a combined |
school district becomes effective for purposes of |
administration and attendance, as determined pursuant to |
Section 11E-70 of this Code, the positions of educational |
support personnel employees in the districts involved in the |
creation of the new district shall be transferred to the newly |
created district pursuant to subsection (b) of Section 10-23.5 |
of this Code. The length of continuing service of any |
educational support personnel employee thereby transferred to |
the newly created district is not lost and the new school board |
is subject to this Code with respect to the transferred |
educational support personnel employee in the same manner as if |
the educational support personnel employee had been that |
district's employee during the time the educational support |
personnel employee was actually employed by the school board of |
the district from which the position was transferred.
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(Source: P.A. 94-1019, eff. 7-10-06; revised 8-23-06.)
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Section 90. The State Mandates Act is amended by adding |
Section 8.31 as follows:
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