95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB3376


 
Introduced 2/26/2007, by Rep. Roger L. Eddy
 
SYNOPSIS AS INTRODUCED:
 		
















105 ILCS 5/10-20.12a
  from Ch. 122, par. 10-20.12a


105 ILCS 5/10-22.22b
  from Ch. 122, par. 10-22.22b







    Amends the School Code.  In a Section concerning tuition for non-resident pupils, provides that for those school districts receiving pupils from a deactivated school facility, the audited tuition rate calculated for the receiving school district shall include the tuition revenue received from the sending school district.  In a Section concerning deactivation of a school facility, provides that the sending school district shall pay to the receiving school district an amount equal to the audited tuition rate of the receiving district (instead of an amount agreed upon by the 2 districts).
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB3376

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    AN ACT concerning education.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The School Code is amended  by changing Sections 
5
10-20.12a and 10-22.22b as follows:
 



6
    (105 ILCS 5/10-20.12a)  (from Ch. 122, par. 10-20.12a)


7
    Sec. 10-20.12a. Tuition for non-resident pupils. To charge 
8
non-resident pupils who attend the schools of the district

9
tuition in an amount not exceeding 110% of the per capita
cost 
10
of maintaining the schools of the district for the preceding 
11
school year.

12
    Such per capita cost shall be computed by dividing the 
13
total cost of
conducting and maintaining the schools of the 
14
district by the average daily
attendance, including tuition 
15
pupils. Depreciation on the buildings and
equipment of the 
16
schools of the district, and the amount of annual
depreciation 
17
on such buildings and equipment shall be dependent upon the

18
useful life of such property.

19
    The tuition charged shall in no case exceed 110% of the per 
20
capita
cost of conducting and maintaining the schools of the 
21
district attended, as
determined
with reference to the most 
22
recent audit prepared under Section 3-7 which is
available at 
23
the commencement of the current school year.
Non-resident 
 


 






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pupils attending the schools of the district
for less than the

2
school term shall have their tuition apportioned, however 
3
pupils who become
non-resident during a school term shall not 
4
be charged tuition for the
remainder of the school term in 
5
which they became non-resident pupils.

6
    Unless otherwise agreed to by the parties involved and 
7
where the
educational services are not otherwise provided for, 
8
educational services
for an Illinois student under the age of 
9
21 in a residential program
designed to correct alcohol or 
10
other drug dependencies shall be provided by
the district in 
11
which the facility is located and financed as follows.  The
cost 
12
of educational services shall be paid by the district in which 
13
the
student resides in an amount equal to the cost of providing 
14
educational
services in a treatment facility.  Payments shall be 
15
made by the district
of the student's residence and shall be 
16
made to the district wherein the
facility is located no less 
17
than once per month unless otherwise agreed to
by the parties. 

18
    For those school districts receiving pupils from a 
19
deactivated school facility, the audited tuition rate 
20
calculated for the receiving school district shall include the 
21
tuition revenue received from the sending school district.

22
(Source: P.A. 89-397, eff. 8-20-95; 90-649, eff. 7-24-98.)


 



23
    (105 ILCS 5/10-22.22b)  (from Ch. 122, par. 10-22.22b)



24
    Sec. 10-22.22b. (a) The provisions of this subsection shall 
25
not apply
to the deactivation of a high school facility under 
 


 






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subsection (c).  Where in
its judgment the interests of the 
2
district and of the students therein will be
best served, to 
3
deactivate any high school facility or elementary school 
4
facility in the district and send
the students of such high 
5
school in grades 9 through 12 or such elementary school in 
6
grades kindergarten through 8, as applicable, to schools in 
7
other
districts.  Such action may be taken only with the 
8
approval of the voters in
the district and the approval, by 
9
proper resolution, of the school board of the
receiving 
10
district.  The board of the district contemplating deactivation

11
shall, by proper resolution, cause the proposition
to 
12
deactivate the school facility to be submitted to the
voters of 
13
the district at a regularly scheduled election.  Notice shall be

14
published at least 10 days prior to the date of the election at 
15
least once
in one or more newspapers published in the district 
16
or, if no newspaper
is published in the district, in one or 
17
more newspapers with a general
circulation within the district.  
18
The notice shall be substantially in the
following form:

19

NOTICE OF REFERENDUM TO


20

DEACTIVATE THE ... SCHOOL FACILITY


21

IN SCHOOL DISTRICT NO. ........


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    Notice is hereby given that on (insert date), a referendum 
23
will be held in
........ County (Counties) for the purpose
of 
24
voting for or against the proposition to deactivate the ...... 
25
School
facility in School District No. ...... and to send 
26
pupils in ...... School
to School District(s) No. .......

 


 






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    The polls will be open at .... o'clock ... m., and close at 
2
.... o'clock
... m. of the same day.

3
          A............   B...............

4
Dated (insert date).

5
Regional Superintendent of Schools

 

6
The proposition shall be in substantially the following form:

7
-------------------------------------------------------------

8
    Shall the Board

9
of Education of School

10
District No. ....,                       YES

11
..... County, Illinois, be

12
authorized to deactivate            -------------------------

13
the ....  School facility

14
and to send pupils in .......             NO

15
 School to School

16
District(s) No. .....?

17
-------------------------------------------------------------

18
If the majority of those voting upon the proposition in the 
19
district
contemplating deactivation vote in favor of the 
20
proposition, the board of
that district, upon approval of the 
21
board of the receiving district, shall
execute a contract with 
22
the receiving district providing for the reassignment
of 
23
students to the receiving district.  If the deactivating 
24
district seeks to
send its students to more than one district, 
25
it shall execute a contract with
each receiving district.  The 
 


 






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length of the contract shall be for 2 school
years, but the 
2
districts may renew the contract for additional one year or 2

3
year periods.  Contract renewals shall be executed by January 1 
4
of the year in
which the existing contract expires.  If the 
5
majority of those voting upon the
proposition do not vote in 
6
favor of the proposition, the school facility may
not be 
7
deactivated.

8
    The sending district shall pay to the receiving district an 
9
amount equal to the audited tuition rate of the receiving 
10
district
agreed
upon by the 2 districts. 

11
    When the deactivation of  school facilities becomes 
12
effective
pursuant to this Section, the provisions of Section 
13
24-12 relative to the
contractual continued service status of 
14
teachers having contractual
continued service whose positions 
15
are transferred from one board to the
control of a different 
16
board shall apply, and the positions at the
school facilities 
17
being deactivated held by teachers, as that term is
defined in 
18
Section 24-11, having contractual continued service with the

19
school district at the time of the deactivation shall be 
20
transferred to the
control of the board or boards who shall be 
21
receiving the district's  students on the following basis:


22
        (1) positions of such teachers in contractual 
23
    continued service that
were full time positions shall be 
24
    transferred to the control of whichever
of such boards such 
25
    teachers shall request with the teachers making such

26
    requests proceeding in the order of those with the greatest 
 


 






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    length of
continuing service with the board to those with 
2
    the shortest length of
continuing service with the board, 
3
    provided that the number selecting one
board over another 
4
    board or other boards shall not exceed that proportion
of 
5
    the  school students going to such board or boards; and


6
        (2) positions of such teachers in contractual 
7
    continued service that
were full time positions and as to 
8
    which there is no selection left under
subparagraph 1 
9
    hereof shall be transferred to the appropriate board.

10
    The contractual continued service status of any teacher 
11
thereby
transferred to another district is not lost and the 
12
receiving board is
subject to the School Code with respect to 
13
such transferred teacher in the
same manner as if such teacher 
14
was the district's employee during the time
such teacher was 
15
actually employed by the board of the deactivating
district 
16
from which the position was transferred.

17
    (b) The provisions of this  subsection shall not apply to 
18
the
reactivation of a high school facility which is deactivated 
19
under
subsection  (c).  The sending district may, with the 
20
approval
of the voters in the district, reactivate the
school 
21
facility which was
deactivated.  The board of the district 
22
seeking to reactivate the school
facility shall, by proper 
23
resolution, cause the proposition to reactivate to be
submitted 
24
to the voters of the district at a regularly scheduled 
25
election.
Notice shall be published at least 10 days prior to 
26
the date of the election at
least once in one or more 
 


 






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newspapers published in the district or, if no
newspaper is 
2
published  in the district, in one or more newspapers with a

3
general circulation within the district.  The notice shall be 
4
substantially in
the following form:

5

NOTICE OF REFERENDUM TO


6

REACTIVATE THE ......  SCHOOL FACILITY


7

IN SCHOOL DISTRICT NO. ......


8
    Notice is hereby given that on (insert date), a referendum 
9
will be held in ...... County (Counties) for the purpose
of 
10
voting for or against the proposition to reactivate the .....  
11
School
facility in School District No. ..... and to discontinue 
12
sending pupils of
School District No. ...... to School 
13
District(s) No. .....

14
    The polls will be opened at ... o'clock .. m., and closed 
15
at ... o'clock ..
m. of the same day.

16
          A.............   B............

17
Dated (insert date).

18
Regional Superintendent of Schools

 

19
The proposition shall be in substantially the following form:

20
-------------------------------------------------------------

21
    Shall the Board

22
of Education of School                       YES

23
District No. ......,

24
...... County, Illinois,

25
be  authorized  to                        -------------------

 


 






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reactivate the ....  School

2
facility and to discontinue sending

3
pupils of School District No. ....            NO

4
to School District(s) No. ......?

5
-------------------------------------------------------------

6
    (c) The school board of any unit school district which 
7
experienced a
strike by a majority of its certified employees 
8
that endured for over 6
months during the regular school term 
9
of the 1986-1987 school year, and
which during the ensuing 
10
1987-1988 school year had an enrollment in grades 9
through 12 
11
of less than 125 students may, when in its judgment the

12
interests of the district and of the students therein will be 
13
best served
thereby, deactivate the high school facilities 
14
within the district for the
regular term of the 1988-1989 
15
school year and, for that school year only,
send the students 
16
of such high school in grades 9 through 12 to schools in

17
adjoining or adjacent districts.  Such action may only be taken:  
18
(a) by
proper resolution of the school board deactivating its 
19
high school
facilities and the approval, by proper resolution, 
20
of the school board of
the receiving district or districts, and 
21
(b) pursuant to a contract between
the sending and each 
22
receiving district, which contract or contracts: (i)
shall 
23
provide for the reassignment of all students of the deactivated 
24
high
school in grades 9 through 12 to the receiving district or 
25
districts; (ii)
shall apply only to the regular school term of 
26
the 1988-1989 school year;
(iii) shall not be subject to 
 


 






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renewal or extension; and (iv) shall require
the sending 
2
district to pay to the receiving district the cost of educating

3
each student who is reassigned to the receiving district, such 
4
costs to be
an amount agreed upon by the sending and receiving 
5
district but not less
than the per capita cost of maintaining 
6
the high school in the receiving
district during the 1987-1988 
7
school year.  Any high school facility
deactivated pursuant to 
8
this subsection for the regular school term of the
1988-1989 
9
school year shall be reactivated by operation of law as of the

10
end of the regular term of the 1988-1989 school year.  The 
11
status as a unit
school district of a district which 
12
deactivates its high school facilities
pursuant to this 
13
subsection shall not be affected by reason of such
deactivation 
14
of its high school facilities and such district shall continue

15
to be deemed in law a school district maintaining grades 
16
kindergarten
through 12 for all purposes relating to the levy, 
17
extension, collection and
payment of the taxes of the district 
18
under Article 17 for the 1988-1989
school year.

19
    (d) Whenever a  school facility is reactivated pursuant
to 
20
the provisions of this Section, then all teachers in 
21
contractual
continued service who were honorably dismissed or 
22
transferred as part of
the deactivation process, in addition to 
23
other rights they may have under
the School Code, shall be 
24
recalled or transferred back to the original
district.

25
(Source: P.A. 94-213, eff. 7-14-05.)