Full Text of HB1651 95th General Assembly
HB1651eng 95TH GENERAL ASSEMBLY
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HB1651 Engrossed |
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LRB095 09155 NHT 31797 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 Section | 5 |
| 10-22.22b 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 | 8 |
| not apply
to the deactivation of a high school facility under | 9 |
| subsection (c). Where in
its judgment the interests of the | 10 |
| district and of the students therein will be
best served, to | 11 |
| deactivate any high school facility or elementary school | 12 |
| facility in the district and send
the students of such high | 13 |
| school in grades 9 through 12 or such elementary school in | 14 |
| grades kindergarten through 8, as applicable, to schools in | 15 |
| other
districts. Such action may be taken only with the | 16 |
| approval of the voters in
the district and the approval, by | 17 |
| proper resolution, of the school board of the
receiving | 18 |
| district. The board of the district contemplating deactivation
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| shall, by proper resolution, cause the proposition
to | 20 |
| deactivate the school facility to be submitted to the
voters of | 21 |
| 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 | 23 |
| least once
in one or more newspapers published in the district |
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LRB095 09155 NHT 31797 b |
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| or, if no newspaper
is published in the district, in one or | 2 |
| more newspapers with a general
circulation within the district. | 3 |
| 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 | 8 |
| will be held in
........ County (Counties) for the purpose
of | 9 |
| voting for or against the proposition to deactivate the ...... | 10 |
| School
facility in School District No. ...... and to send | 11 |
| pupils in ...... School
to School District(s) No. .......
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| The polls will be open at .... o'clock ... m., and close at | 13 |
| .... 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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LRB095 09155 NHT 31797 b |
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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 | 5 |
| district
contemplating deactivation vote in favor of the | 6 |
| proposition, the board of
that district, upon approval of the | 7 |
| board of the receiving district, shall
execute a contract with | 8 |
| the receiving district providing for the reassignment
of | 9 |
| students to the receiving district. If the deactivating | 10 |
| district seeks to
send its students to more than one district, | 11 |
| it shall execute a contract with
each receiving district. The | 12 |
| length of the contract shall be for 2 school
years, but the | 13 |
| 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 | 15 |
| of the year in
which the existing contract expires. If the | 16 |
| majority of those voting upon the
proposition do not vote in | 17 |
| favor of the proposition, the school facility may
not be | 18 |
| deactivated.
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| The sending district shall pay to the receiving district an | 20 |
| amount agreed
upon by the 2 districts.
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| When the deactivation of school facilities becomes | 22 |
| effective
pursuant to this Section, the provisions of Section | 23 |
| 24-12 relative to the
contractual continued service status of | 24 |
| teachers having contractual
continued service whose positions | 25 |
| are transferred from one board to the
control of a different | 26 |
| 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 | 2 |
| Section 24-11, having contractual continued service with the
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| school district at the time of the deactivation shall be | 4 |
| transferred to the
control of the board or boards who shall be | 5 |
| receiving the district's students on the following basis:
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| (1) positions of such teachers in contractual | 7 |
| continued service that
were full time positions shall be | 8 |
| transferred to the control of whichever
of such boards such | 9 |
| teachers shall request with the teachers making such
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| requests proceeding in the order of those with the greatest | 11 |
| length of
continuing service with the board to those with | 12 |
| the shortest length of
continuing service with the board, | 13 |
| provided that the number selecting one
board over another | 14 |
| board or other boards shall not exceed that proportion
of | 15 |
| the school students going to such board or boards; and
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| (2) positions of such teachers in contractual | 17 |
| continued service that
were full time positions and as to | 18 |
| which there is no selection left under
subparagraph 1 | 19 |
| hereof shall be transferred to the appropriate board.
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| The contractual continued service status of any teacher | 21 |
| thereby
transferred to another district is not lost and the | 22 |
| receiving board is
subject to the School Code with respect to | 23 |
| such transferred teacher in the
same manner as if such teacher | 24 |
| was the district's employee during the time
such teacher was | 25 |
| actually employed by the board of the deactivating
district | 26 |
| from which the position was transferred.
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LRB095 09155 NHT 31797 b |
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| (b) The provisions of this subsection shall not apply to | 2 |
| the
reactivation of a high school facility which is deactivated | 3 |
| under
subsection (c). The sending district may, with the | 4 |
| approval
of the voters in the district, reactivate the
school | 5 |
| facility which was
deactivated. The board of the district | 6 |
| seeking to reactivate the school
facility shall, by proper | 7 |
| resolution, cause the proposition to reactivate to be
submitted | 8 |
| to the voters of the district at a regularly scheduled | 9 |
| election.
Notice shall be published at least 10 days prior to | 10 |
| the date of the election at
least once in one or more | 11 |
| newspapers published in the district or, if no
newspaper is | 12 |
| published in the district, in one or more newspapers with a
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| general circulation within the district. The notice shall be | 14 |
| 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 | 19 |
| will be held in ...... County (Counties) for the purpose
of | 20 |
| voting for or against the proposition to reactivate the ..... | 21 |
| School
facility in School District No. ..... and to discontinue | 22 |
| sending pupils of
School District No. ...... to School | 23 |
| District(s) No. .....
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| The polls will be opened at ... o'clock .. m., and closed | 25 |
| at ... o'clock ..
m. of the same day.
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| A ............. B............
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LRB095 09155 NHT 31797 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 | 16 |
| experienced a
strike by a majority of its certified employees | 17 |
| that endured for over 6
months during the regular school term | 18 |
| of the 1986-1987 school year, and
which during the ensuing | 19 |
| 1987-1988 school year had an enrollment in grades 9
through 12 | 20 |
| 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 | 22 |
| best served
thereby, deactivate the high school facilities | 23 |
| within the district for the
regular term of the 1988-1989 | 24 |
| school year and, for that school year only,
send the students | 25 |
| 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: | 2 |
| (a) by
proper resolution of the school board deactivating its | 3 |
| high school
facilities and the approval, by proper resolution, | 4 |
| of the school board of
the receiving district or districts, and | 5 |
| (b) pursuant to a contract between
the sending and each | 6 |
| receiving district, which contract or contracts: (i)
shall | 7 |
| provide for the reassignment of all students of the deactivated | 8 |
| high
school in grades 9 through 12 to the receiving district or | 9 |
| districts; (ii)
shall apply only to the regular school term of | 10 |
| the 1988-1989 school year;
(iii) shall not be subject to | 11 |
| renewal or extension; and (iv) shall require
the sending | 12 |
| 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 | 14 |
| costs to be
an amount agreed upon by the sending and receiving | 15 |
| district but not less
than the per capita cost of maintaining | 16 |
| the high school in the receiving
district during the 1987-1988 | 17 |
| school year. Any high school facility
deactivated pursuant to | 18 |
| this subsection for the regular school term of the
1988-1989 | 19 |
| 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 | 21 |
| status as a unit
school district of a district which | 22 |
| deactivates its high school facilities
pursuant to this | 23 |
| subsection shall not be affected by reason of such
deactivation | 24 |
| of its high school facilities and such district shall continue
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| to be deemed in law a school district maintaining grades | 26 |
| kindergarten
through 12 for all purposes relating to the levy, |
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LRB095 09155 NHT 31797 b |
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| extension, collection and
payment of the taxes of the district | 2 |
| under Article 17 for the 1988-1989
school year.
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| (d) Whenever a school facility is reactivated pursuant
to | 4 |
| the provisions of this Section, then all teachers in | 5 |
| contractual
continued service who were honorably dismissed or | 6 |
| transferred as part of
the deactivation process, in addition to | 7 |
| other rights they may have under
the School Code, shall be | 8 |
| 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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