Full Text of HB3376 95th General Assembly
HB3376 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB3376
Introduced 2/26/2007, by Rep. Roger L. Eddy SYNOPSIS AS INTRODUCED: |
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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 |
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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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A BILL FOR
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HB3376 |
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LRB095 09156 NHT 32225 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 | 5 |
| 10-20.12a and 10-22.22b as follows:
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| (105 ILCS 5/10-20.12a) (from Ch. 122, par. 10-20.12a)
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| Sec. 10-20.12a. Tuition for non-resident pupils. To charge | 8 |
| non-resident pupils who attend the schools of the district
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| 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.
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| 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
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| useful life of such property.
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| 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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LRB095 09156 NHT 32225 b |
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| pupils attending the schools of the district
for less than the
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| 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.
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| 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.
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| 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.
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| (Source: P.A. 89-397, eff. 8-20-95; 90-649, eff. 7-24-98.)
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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 | 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
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| 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
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| 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:
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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 | 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.
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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 .... 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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| -------------------------------------------------------------
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| 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
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| 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.
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| 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 .
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| 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
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| 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:
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| (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
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| 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
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| (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.
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| 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.
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| (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
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| general circulation within the district. The notice shall be | 4 |
| 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 | 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. .....
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| The polls will be opened at ... o'clock .. m., and closed | 15 |
| 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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| -------------------------------------------------------------
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| (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
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| 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
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| 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
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| 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
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| 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
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| 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.
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| (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.
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| (Source: P.A. 94-213, eff. 7-14-05.)
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