Full Text of HB6044 99th General Assembly
HB6044 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB6044 Introduced 2/11/2016, by Rep. Linda Chapa LaVia SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/7-2a | from Ch. 122, par. 7-2a | 105 ILCS 5/7-14A | from Ch. 122, par. 7-14A | 105 ILCS 5/10-22.22b | from Ch. 122, par. 10-22.22b | 105 ILCS 5/10-22.22c | from Ch. 122, par. 10-22.22c | 105 ILCS 5/10-22.22d | | 105 ILCS 5/11E-110 | | 105 ILCS 5/18-12 | from Ch. 122, par. 18-12 | 105 ILCS 5/21B-30 | | 105 ILCS 125/9 | from Ch. 122, par. 712.9 |
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Amends the School Code and the School Breakfast and Lunch Program Act. Changes references relating to contractual continued service and the State aid formula in provisions concerning boundary changes, the deactivation of school facilities, cooperative high schools, a pilot cooperative elementary school and pilot cooperative high school, and school district conversions. Makes changes concerning the filing of State aid claims. Makes changes concerning the assessment of professional teaching. Provides for the certification and payment of claims for reimbursement for school breakfast and lunch programs on a quarterly (instead of monthly) basis. Effective July 1, 2016.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | 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 | | 7-2a, 7-14A, 10-22.22b, 10-22.22c, 10-22.22d, 11E-110, 18-12, | 6 | | and 21B-30 as follows:
| 7 | | (105 ILCS 5/7-2a) (from Ch. 122, par. 7-2a)
| 8 | | Sec. 7-2a.
(a) Except as provided in subsection (b) of this
| 9 | | Section, any petition for dissolution filed under this Article | 10 | | must
specify the school district or districts to which all of | 11 | | the territory
of the district proposed to be dissolved
will be | 12 | | annexed. Any petition for dissolution may be made by the board | 13 | | of
education of the district or a majority of the legal voters | 14 | | residing in
the district proposed to be dissolved. No petition | 15 | | from any other
district affected by the proposed dissolution | 16 | | shall be required.
| 17 | | (b) Any school district with a population of less than | 18 | | 5,000 residents or an enrollment of less than 750 students, as | 19 | | determined by the district's current fall housing report filed | 20 | | with the State Board of Education,
shall be dissolved and its | 21 | | territory annexed as provided in Section 7-11 by
the regional | 22 | | board of school trustees upon the filing with the regional
| 23 | | board of school trustees of a petition adopted by resolution of |
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| 1 | | the board of
education or a petition signed by a majority of | 2 | | the registered voters of
the district seeking such dissolution. | 3 | | No petition shall be adopted or
signed under this subsection | 4 | | until the board of education or the
petitioners, as the case | 5 | | may be, shall have given at least 10 days' notice
to be | 6 | | published once in a newspaper having general circulation in the
| 7 | | district and shall have conducted a public informational | 8 | | meeting to inform
the residents of the district of the proposed | 9 | | dissolution and to answer
questions concerning the proposed | 10 | | dissolution. The petition shall be filed with
and decided | 11 | | solely by the regional board of school trustees of the region
| 12 | | in which the regional superintendent of schools has supervision | 13 | | of the
school district being dissolved. The regional board of | 14 | | school trustees
shall not act on a petition filed by a board of | 15 | | education if within 45 days
after giving notice of the hearing | 16 | | required under Section 7-11 a petition
in opposition to the | 17 | | petition of the board to dissolve, signed by a
majority of the | 18 | | registered voters of the district, is filed with the
regional | 19 | | board of school trustees. The regional board of school trustees
| 20 | | shall have no authority to deny dissolution requested in a | 21 | | proper petition
for dissolution filed under this subsection | 22 | | (b), but shall exercise its
discretion in accordance with | 23 | | Section 7-11 on the issue of annexing the
territory of a | 24 | | district being dissolved, giving consideration to but not
being | 25 | | bound by the wishes expressed by the residents of
the various | 26 | | school districts that may be affected by such annexation.
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| 1 | | When dissolution and annexation become effective for | 2 | | purposes of
administration and attendance as determined | 3 | | pursuant to Section 7-11,
the positions of teachers
in | 4 | | contractual continued service in the district being dissolved | 5 | | are
transferred to an
annexing district or to annexing | 6 | | districts pursuant to the provisions of subsection (h) of | 7 | | Section 24-11 of this Code
Section 24-12 relative to teachers | 8 | | having contractual continued service
status whose positions | 9 | | are transferred from one board to the control of a
different | 10 | | board, and those said provisions of subsection (h) of Section | 11 | | 24-11 of this Code Section 24-12 shall apply to
said | 12 | | transferred teachers. In the event that the territory is added | 13 | | to 2
or more districts, the decision on which positions shall | 14 | | be transferred to
which annexing districts shall be made giving | 15 | | consideration to the
proportionate percent of pupils | 16 | | transferred and the annexing districts'
staffing needs, and the | 17 | | transfer of specific individuals into such positions
shall be | 18 | | based upon the request of those teachers in order of seniority | 19 | | in
the dissolving district. The contractual continued service | 20 | | status of any
teacher thereby transferred to an annexing | 21 | | district is not lost and the
different board is subject to this | 22 | | Act with respect to such transferred
teacher in the same manner | 23 | | as if such teacher was that district's employee
and had been | 24 | | its employee during the time such teacher was actually
employed | 25 | | by the board of the dissolving district from which the position
| 26 | | was transferred.
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| 1 | | (Source: P.A. 98-125, eff. 8-2-13.)
| 2 | | (105 ILCS 5/7-14A) (from Ch. 122, par. 7-14A)
| 3 | | Sec. 7-14A. Annexation Compensation. There shall be no | 4 | | accounting
made after a mere change in boundaries when no new | 5 | | district is created, except that those districts whose | 6 | | enrollment increases by 90% or more as a result of annexing | 7 | | territory detached from another district pursuant to this | 8 | | Article are eligible for supplementary State aid payments in | 9 | | accordance with Section 11E-135 of this Code. Eligible annexing | 10 | | districts shall apply to the State Board of Education for | 11 | | supplementary State aid payments by submitting enrollment | 12 | | figures for the year immediately preceding and the year | 13 | | immediately following the effective date of the boundary change | 14 | | for both the district gaining territory and the district losing | 15 | | territory. Copies of any intergovernmental agreements between | 16 | | the district gaining territory and the district losing | 17 | | territory detailing any transfer of fund balances and staff | 18 | | must also be submitted. In all instances of changes in | 19 | | boundaries,
the district losing territory shall
not count the | 20 | | average daily attendance of pupils living in the territory
| 21 | | during the year preceding the effective date of the boundary | 22 | | change in its
claim for reimbursement under Section 18-8.05 of | 23 | | this Code 18-8 for the school year following
the effective date | 24 | | of the change in boundaries and the district receiving
the | 25 | | territory shall count the average daily attendance of pupils |
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| 1 | | living in
the territory during the year preceding the effective | 2 | | date of the boundary
change in its claim for reimbursement | 3 | | under Section 18-8.05 of this Code 18-8 for the school
year | 4 | | following the effective date of the change in boundaries. The | 5 | | changes to this Section made by this amendatory Act of the 95th | 6 | | General Assembly are intended to be retroactive and applicable | 7 | | to any annexation taking effect on or after July 1, 2004.
| 8 | | (Source: P.A. 95-707, eff. 1-11-08.)
| 9 | | (105 ILCS 5/10-22.22b) (from Ch. 122, par. 10-22.22b)
| 10 | | Sec. 10-22.22b. (a) The provisions of this subsection shall | 11 | | not apply
to the deactivation of a high school facility under | 12 | | subsection (c). Where in
its judgment the interests of the | 13 | | district and of the students therein will be
best served, to | 14 | | deactivate any high school facility or elementary school | 15 | | facility in the district and send
the students of such high | 16 | | school in grades 9 through 12 or such elementary school in | 17 | | grades kindergarten through 8, as applicable, to schools in | 18 | | other
districts. Such action may be taken only with the | 19 | | approval of the voters in
the district and the approval, by | 20 | | proper resolution, of the school board of the
receiving | 21 | | district. The board of the district contemplating deactivation
| 22 | | shall, by proper resolution, cause the proposition
to | 23 | | deactivate the school facility to be submitted to the
voters of | 24 | | the district at a regularly scheduled election. Notice shall be
| 25 | | published at least 10 days prior to the date of the election at |
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| 1 | | least once
in one or more newspapers published in the district | 2 | | or, if no newspaper
is published in the district, in one or | 3 | | more newspapers with a general
circulation within the district. | 4 | | The notice shall be substantially in the
following form:
| 5 | | NOTICE OF REFERENDUM TO
| 6 | | DEACTIVATE 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 deactivate the ...... | 11 | | School
facility in School District No. ...... and to send | 12 | | pupils in ...... School
to School District(s) No. .......
| 13 | | The polls will be open at .... o'clock ... m., and close at | 14 | | .... o'clock
... m. of the same day.
| 15 | | ............ | 16 | | Dated (insert date).
| 17 | | The proposition shall be in substantially the following form:
| 18 | | -------------------------------------------------------------
| 19 | | Shall the Board
| 20 | | of Education of School
| 21 | | District No. ...., YES
| 22 | | ..... County, Illinois, be
| 23 | | authorized to deactivate -------------------------
| 24 | | the .... School facility
| 25 | | and to send pupils in ....... NO
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| 1 | | School to School
| 2 | | District(s) No. .....?
| 3 | | -------------------------------------------------------------
| 4 | | 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
| 14 | | 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.
| 19 | | The sending district shall pay to the receiving district an | 20 | | amount agreed
upon by the 2 districts.
| 21 | | When the deactivation of school facilities becomes | 22 | | effective
pursuant to this Section, the provisions of | 23 | | subsection (h) of Section 24-11 of this Code Section 24-12 | 24 | | relative to the
contractual continued service status of | 25 | | teachers having contractual
continued service whose positions | 26 | | are transferred from one board to the
control of a different |
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| 1 | | board shall apply, and the positions at the
school facilities | 2 | | being deactivated held by teachers, as that term is
defined in | 3 | | subsection (a) of Section 24-11 of this Code , having | 4 | | contractual continued service with the
school district at the | 5 | | time of the deactivation shall be transferred to the
control of | 6 | | the board or boards who shall be receiving the district's | 7 | | students on the following basis:
| 8 | | (1) positions of such teachers in contractual | 9 | | continued service that
were full time positions shall be | 10 | | transferred to the control of whichever
of such boards such | 11 | | teachers shall request with the teachers making such
| 12 | | requests proceeding in the order of those with the greatest | 13 | | length of
continuing service with the board to those with | 14 | | the shortest length of
continuing service with the board, | 15 | | provided that the number selecting one
board over another | 16 | | board or other boards shall not exceed that proportion
of | 17 | | the school students going to such board or boards; and
| 18 | | (2) positions of such teachers in contractual | 19 | | continued service that
were full time positions and as to | 20 | | which there is no selection left under
subparagraph 1 | 21 | | hereof shall be transferred to the appropriate board.
| 22 | | The contractual continued service status of any teacher | 23 | | thereby
transferred to another district is not lost and the | 24 | | receiving board is
subject to the School Code with respect to | 25 | | such transferred teacher in the
same manner as if such teacher | 26 | | was the district's employee during the time
such teacher was |
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| 1 | | actually employed by the board of the deactivating
district | 2 | | from which the position was transferred.
| 3 | | When the deactivation of school facilities becomes | 4 | | effective pursuant to this Section, the provisions of | 5 | | subsection (b) of Section 10-23.5 of this Code relative to the | 6 | | transfer of educational support personnel employees shall | 7 | | apply, and the positions at the school facilities being | 8 | | deactivated that are held by educational support personnel | 9 | | employees at the time of the deactivation shall be transferred | 10 | | to the control of the board or boards that will be receiving | 11 | | the district's students on the following basis: | 12 | | (A) positions of such educational support personnel | 13 | | employees that were full-time positions shall be | 14 | | transferred to the control of whichever of the boards the | 15 | | employees request, with the educational support personnel | 16 | | employees making these requests proceeding in the order of | 17 | | those with the greatest length of continuing service with | 18 | | the board to those with the shortest length of continuing | 19 | | service with the board, provided that the number selecting | 20 | | one board over another board or other boards must not | 21 | | exceed that proportion of students going to such board or | 22 | | boards; and | 23 | | (B) positions of such educational support personnel | 24 | | employees that were full-time positions and as to which | 25 | | there is no selection left under subdivision (A) shall be | 26 | | transferred to the appropriate board. |
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| 1 | | The length of continuing service of any educational support | 2 | | personnel employee thereby transferred to another district is | 3 | | not lost and the receiving board is subject to this Code with | 4 | | respect to that transferred educational support personnel | 5 | | employee in the same manner as if the educational support | 6 | | personnel employee was the district's employee during the time | 7 | | the educational support personnel employee was actually | 8 | | employed by the board of the deactivating district from which | 9 | | the position was transferred.
| 10 | | (b) The provisions of this subsection shall not apply to | 11 | | the
reactivation of a high school facility which is deactivated | 12 | | under
subsection (c). The sending district may, with the | 13 | | approval
of the voters in the district, reactivate the
school | 14 | | facility which was
deactivated. The board of the district | 15 | | seeking to reactivate the school
facility shall, by proper | 16 | | resolution, cause the proposition to reactivate to be
submitted | 17 | | to the voters of the district at a regularly scheduled | 18 | | election.
Notice shall be published at least 10 days prior to | 19 | | the date of the election at
least once in one or more | 20 | | newspapers published in the district or, if no
newspaper is | 21 | | published in the district, in one or more newspapers with a
| 22 | | general circulation within the district. The notice shall be | 23 | | substantially in
the following form:
| 24 | | NOTICE OF REFERENDUM TO
| 25 | | REACTIVATE THE ...... SCHOOL FACILITY
| 26 | | IN SCHOOL DISTRICT NO. ......
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| 1 | | Notice is hereby given that on (insert date), a referendum | 2 | | will be held in ...... County (Counties) for the purpose
of | 3 | | voting for or against the proposition to reactivate the ..... | 4 | | School
facility in School District No. ..... and to discontinue | 5 | | sending pupils of
School District No. ...... to School | 6 | | District(s) No. .....
| 7 | | The polls will be opened at ... o'clock .. m., and closed | 8 | | at ... o'clock ..
m. of the same day.
| 9 | | ............ | 10 | | Dated (insert date).
| 11 | | The proposition shall be in substantially the following form:
| 12 | | -------------------------------------------------------------
| 13 | | Shall the Board
| 14 | | of Education of School YES
| 15 | | District No. ......,
| 16 | | ...... County, Illinois,
| 17 | | be authorized to -------------------
| 18 | | reactivate the .... School
| 19 | | facility and to discontinue sending
| 20 | | pupils of School District No. .... NO
| 21 | | to School District(s) No. ......?
| 22 | | -------------------------------------------------------------
| 23 | | (c) The school board of any unit school district which | 24 | | experienced a
strike by a majority of its certified employees | 25 | | that endured for over 6
months during the regular school term |
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| 1 | | of the 1986-1987 school year, and
which during the ensuing | 2 | | 1987-1988 school year had an enrollment in grades 9
through 12 | 3 | | of less than 125 students may, when in its judgment the
| 4 | | interests of the district and of the students therein will be | 5 | | best served
thereby, deactivate the high school facilities | 6 | | within the district for the
regular term of the 1988-1989 | 7 | | school year and, for that school year only,
send the students | 8 | | of such high school in grades 9 through 12 to schools in
| 9 | | adjoining or adjacent districts. Such action may only be taken: | 10 | | (a) by
proper resolution of the school board deactivating its | 11 | | high school
facilities and the approval, by proper resolution, | 12 | | of the school board of
the receiving district or districts, and | 13 | | (b) pursuant to a contract between
the sending and each | 14 | | receiving district, which contract or contracts: (i)
shall | 15 | | provide for the reassignment of all students of the deactivated | 16 | | high
school in grades 9 through 12 to the receiving district or | 17 | | districts; (ii)
shall apply only to the regular school term of | 18 | | the 1988-1989 school year;
(iii) shall not be subject to | 19 | | renewal or extension; and (iv) shall require
the sending | 20 | | district to pay to the receiving district the cost of educating
| 21 | | each student who is reassigned to the receiving district, such | 22 | | costs to be
an amount agreed upon by the sending and receiving | 23 | | district but not less
than the per capita cost of maintaining | 24 | | the high school in the receiving
district during the 1987-1988 | 25 | | school year. Any high school facility
deactivated pursuant to | 26 | | this subsection for the regular school term of the
1988-1989 |
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| 1 | | school year shall be reactivated by operation of law as of the
| 2 | | end of the regular term of the 1988-1989 school year. The | 3 | | status as a unit
school district of a district which | 4 | | deactivates its high school facilities
pursuant to this | 5 | | subsection shall not be affected by reason of such
deactivation | 6 | | of its high school facilities and such district shall continue
| 7 | | to be deemed in law a school district maintaining grades | 8 | | kindergarten
through 12 for all purposes relating to the levy, | 9 | | extension, collection and
payment of the taxes of the district | 10 | | under Article 17 for the 1988-1989
school year.
| 11 | | (d) Whenever a school facility is reactivated pursuant
to | 12 | | the provisions of this Section, then all teachers in | 13 | | contractual
continued service who were honorably dismissed or | 14 | | transferred as part of
the deactivation process, in addition to | 15 | | other rights they may have under
the School Code, shall be | 16 | | recalled or transferred back to the original
district.
| 17 | | (Source: P.A. 94-213, eff. 7-14-05; 95-110, eff. 1-1-08; | 18 | | 95-148, eff. 8-14-07; 95-876, eff. 8-21-08.)
| 19 | | (105 ILCS 5/10-22.22c) (from Ch. 122, par. 10-22.22c)
| 20 | | Sec. 10-22.22c.
(a) Subject to the following provisions of | 21 | | this
Section two or more contiguous school districts each of | 22 | | which
has an enrollment in grades 9 through 12 of less than 600 | 23 | | students may,
when in their judgment the interest of the | 24 | | districts and of the students
therein will be best served, | 25 | | jointly operate one or more cooperative high
schools. Such |
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| 1 | | action shall be taken for a minimum period of 20 school years,
| 2 | | and may be taken only with the approval of the voters of each | 3 | | district. A
district with 600 or more students enrolled in | 4 | | grades 9 through 12
may qualify for inclusion with one or more | 5 | | districts having less than 600
such students by receiving a | 6 | | size waiver from the State Board of Education
based on a | 7 | | finding that such inclusion would significantly increase the
| 8 | | educational opportunities of the district's students, and by | 9 | | meeting the
other prerequisites of this Section. The board of | 10 | | each district contemplating
such joint operation shall, by | 11 | | proper resolution, cause the proposition to
enter into such | 12 | | joint operation to be submitted to the voters of the
district | 13 | | at a regularly scheduled election. Notice shall be published at
| 14 | | least 10 days prior to the date of the election at least once | 15 | | in one or
more newspapers published in the district or, if no | 16 | | newspaper is published
in the district, in one or more | 17 | | newspapers with a general circulation
within the district. The | 18 | | notice shall be substantially in the following form:
| 19 | | NOTICE OF REFERENDUM FOR SCHOOL DISTRICT
| 20 | | NO. ....... AND SCHOOL DISTRICT NO. .......
| 21 | | TO JOINTLY OPERATE (A) COOPERATIVE HIGH
| 22 | | SCHOOL (SCHOOLS)
| 23 | | Notice is hereby given that on (insert date), a referendum | 24 | | will be held in ....... County (Counties) for
the purpose of | 25 | | voting for or against the proposition for School District No.
| 26 | | ....... and School District No. ....... to jointly operate (a) |
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| 1 | | cooperative high
school (schools).
| 2 | | The polls will be open at ....... o'clock ... m., and close | 3 | | at
....... o'clock ... m., of the same day.
| 4 | | A ........ B ........
| 5 | | Dated (insert date).
| 6 | | Regional Superintendent of Schools
| 7 | | The proposition shall be in substantially the following | 8 | | form:
| 9 | | -------------------------------------------------------------
| 10 | | Shall the Board of Education of
| 11 | | School District No. ...., ..... YES
| 12 | | County (Counties), Illinois be
| 13 | | authorized to enter with
| 14 | | into an agreement with School ----------------------
| 15 | | District No. ...., .... County
| 16 | | (Counties), Illinois to jointly
| 17 | | operate (a) cooperative high NO
| 18 | | school (schools)?
| 19 | | -------------------------------------------------------------
| 20 | | If the majority of those voting on the proposition in each | 21 | | district vote
in favor of the proposition, the school boards of | 22 | | the participating
districts may, if they agree on terms, | 23 | | execute a contract for such joint
operation subject to the | 24 | | following provisions of this Section.
| 25 | | (b) The agreement for joint operation of any such |
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| 1 | | cooperative high school shall include, but not be limited to, | 2 | | provisions for administration, staff, programs,
financing,
| 3 | | facilities, and
transportation. Such agreements
may
be | 4 | | modified, extended, or terminated by approval of each of the | 5 | | participating
districts,
provided that a district may withdraw | 6 | | from the agreement during its initial
20-year term only if the | 7 | | district is reorganizing with one or more districts
under other | 8 | | provisions of this Code. Even if 2 or more of the participating
| 9 | | district boards approve an
extension of the agreement, any | 10 | | other participating district shall, upon
failure of its board | 11 | | to approve such extension, disengage from such
participation at | 12 | | the end of the then current agreement term.
| 13 | | (c) A governing board, which shall govern the operation
of | 14 | | any such
cooperative high school, shall be composed of an equal
| 15 | | number of board members from each of the participating | 16 | | districts,
except that where all participating district boards | 17 | | concur, membership
on the governing board may be apportioned to | 18 | | reflect the
number of students
in each respective district who | 19 | | attend the cooperative high school. The
membership of the | 20 | | governing board shall be not
less than 6 nor more than 10 and | 21 | | shall be set by the agreement entered into
by
the participating | 22 | | districts.
The school board of each participating district
| 23 | | shall select, from its membership, its representatives on the | 24 | | governing board.
The governing board shall prepare
and adopt a | 25 | | budget for the cooperative high school. The
governing board
| 26 | | shall
administer the cooperative high school in
accordance with |
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| 1 | | the agreement of the districts and shall have the power to
| 2 | | hire, supervise, and terminate staff; to enter into contracts; | 3 | | to adopt
policies for the school; and to take all other actions | 4 | | necessary and proper
for the operation of the school. However, | 5 | | the governing board may not levy
taxes or incur any | 6 | | indebtedness except within the annual budget approved by the
| 7 | | participating districts.
| 8 | | (d) (Blank).
| 9 | | (e) Each participating district shall pay its per capita | 10 | | cost of
educating the students residing in its district and | 11 | | attending any such
cooperative high school into the budget for | 12 | | the
maintenance
and operation of the cooperative high school.
| 13 | | The manner of determining per capita cost shall be
set | 14 | | forth in the agreement. Each district shall pay the amount owed | 15 | | the
governing board under the terms of the agreement from the | 16 | | fund that the
district would have used if the district had | 17 | | incurred the costs directly and
may levy taxes and issue bonds | 18 | | as otherwise authorized for these purposes in
order to make | 19 | | payments to the governing board.
| 20 | | (f) Additional school districts having an enrollment in | 21 | | grades 9 through
12 of less than 600 students
may be added to | 22 | | the agreement in accordance with the process described
in | 23 | | subsection (a) of this Section. In the event additional | 24 | | districts are
added, a new contract shall be executed in | 25 | | accordance with the provisions
of this Section.
| 26 | | (g) Upon formation of the cooperative high school, the |
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| 1 | | school board of
each
participating district shall:
| 2 | | (1) confer and coordinate with each other and the
| 3 | | governing board, if the governing board is then in | 4 | | existence, as to staffing
needs for the cooperative high | 5 | | school;
| 6 | | (2) in consultation with any exclusive employee
| 7 | | representatives and the governing board, if the governing | 8 | | board is then in
existence, establish a combined list of | 9 | | teachers in all
participating districts, categorized by | 10 | | positions, showing
the length of service and the | 11 | | contractual continued service
status, if any, of each | 12 | | teacher in each participating
district who is qualified to | 13 | | hold any such positions at the cooperative high
school,
and | 14 | | then distribute this list to the exclusive employee | 15 | | representatives on or
before
February
1 of the school year | 16 | | prior to the commencement of the operation
of the | 17 | | cooperative high school or within 30 days after the
date of | 18 | | the referendum election if the proposition receives a | 19 | | majority of those
voting in each district, whichever occurs | 20 | | first. This list is in addition to
and not
a substitute for | 21 | | any the list mandated by Section 24-12 of this Code; and
| 22 | | (3) transfer to the governing board of the
cooperative | 23 | | high school the employment and the position of
so many of | 24 | | the full-time or part-time
high school teachers employed by | 25 | | a participating district
as are
jointly determined by the | 26 | | school boards of the participating
districts and the |
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| 1 | | governing board, if the governing board is then in
| 2 | | existence, to be needed
at the cooperative high school, | 3 | | provided that these teacher transfers
shall be done:
| 4 | | (A) by categories listed on the seniority list | 5 | | mentioned in subdivision
(2) of this subsection (g);
| 6 | | (B) in each category, by having teachers in | 7 | | contractual
continued service being transferred before | 8 | | any teachers who are not in
contractual continued | 9 | | service; and
| 10 | | (C) in order from greatest seniority first
through | 11 | | lesser amounts of seniority.
| 12 | | A teacher who is not in contractual
continued service shall | 13 | | not be transferred if there is a teacher in contractual
| 14 | | continued service in the same category who is qualified to hold | 15 | | the
position
that is to be filled.
| 16 | | If there are more teachers who have
entered upon | 17 | | contractual continued service
than there are available | 18 | | positions at the
cooperative high school or within other | 19 | | assignments in the
district, a school board shall first remove | 20 | | or dismiss all teachers who
have not entered upon contractual | 21 | | continued service before
removing or dismissing any teacher who | 22 | | has entered upon
contractual continued service and who is | 23 | | legally qualified (i) to
hold a position at the cooperative | 24 | | high school planned to be
held by a teacher who has not entered | 25 | | upon contractual continued
service or (ii) to hold another | 26 | | position in the participating
district. As between teachers who |
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| 1 | | have entered upon contractual
continued service, the teacher or | 2 | | teachers with the shorter
length of continuing service in any | 3 | | of the participating
districts shall be dismissed first. Any | 4 | | teacher
dismissed as a result of such a decrease shall be paid | 5 | | all
earned compensation on or before the third business day
| 6 | | following the last day of pupil attendance in the regular | 7 | | school
term. If the school board that has dismissed a teacher | 8 | | or the
governing board has any vacancies for the following | 9 | | school term
or within one calendar year from the beginning of | 10 | | the following
school term, the positions thereby becoming | 11 | | available shall be
tendered to the teachers so removed or | 12 | | dismissed so far as they
are legally qualified to hold such | 13 | | positions. However,
if the number of honorable dismissal | 14 | | notices in all
participating districts exceeds 15% of full-time | 15 | | equivalent
positions filled by certified employees (excluding | 16 | | principals
and administrative personnel) during the preceding | 17 | | school year
in all participating districts and if the school | 18 | | board that has
dismissed a teacher or the governing board has | 19 | | any vacancies for
the following school term or within 2 | 20 | | calendar years from the
beginning of the following school term, | 21 | | the positions so
becoming available shall be tendered to the | 22 | | teachers who were so notified,
removed,
or dismissed whenever | 23 | | these teachers are legally qualified to hold such
positions.
| 24 | | The provisions of subsection (h) of Section 24-11 Section | 25 | | 24-12 of this Code concerning teachers
whose positions are | 26 | | transferred from one board to
the control of a different board |
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| 1 | | shall apply to the teachers who are
transferred. The | 2 | | contractual continued service of any transferred teacher is
not | 3 | | lost and the governing board is subject to this Code with | 4 | | respect to the
teacher in the same manner as if the teacher had | 5 | | been the governing board's
employee during the time the teacher | 6 | | was actually employed by the board of the
district from which | 7 | | the position and the teacher's employment were transferred.
The | 8 | | time spent in
employment
with a participating district by any | 9 | | teacher who has not yet entered upon
contractual
continued | 10 | | service and who is transferred to the governing board is not | 11 | | lost
when
computing the time necessary
for the teacher to enter | 12 | | upon contractual continued service, and the
governing board is
| 13 | | subject to this Code with respect to the teacher in the same | 14 | | manner as if
the teacher
had been the governing board's | 15 | | employee during the time the teacher was
actually employed
by | 16 | | the school board from which the position and the teacher's | 17 | | employment were
transferred.
| 18 | | If the cooperative high school is dissolved, any teacher | 19 | | who was transferred
from a participating district shall be | 20 | | transferred back to the district and subsection (h) of Section | 21 | | 24-11
Section 24-12 of this Code shall apply. In that
case, a | 22 | | district is subject to this Code in the same manner as if the | 23 | | teacher
transferred
back had been continuously in the service | 24 | | of the receiving district.
| 25 | | (h) Upon formation of the cooperative high school, the | 26 | | school board of
each
participating
district shall:
|
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| 1 | | (1) confer and coordinate with each other and the | 2 | | governing board, if
the governing board is
then in | 3 | | existence, as to needs for educational support personnel | 4 | | for the
cooperative
high school;
| 5 | | (2) in consultation with any exclusive employee | 6 | | representative or
bargaining
agent and the governing | 7 | | board, if the governing board is then in existence,
| 8 | | establish a combined
list
of educational support personnel | 9 | | in participating districts, categorized by
positions, | 10 | | showing the length of continuing service of each full-time
| 11 | | educational
support personnel employee who is qualified to | 12 | | hold any such position at the
cooperative high school, and | 13 | | then distribute this list to the exclusive
employee
| 14 | | representative or bargaining agent on or before February 1 | 15 | | of the school year
prior
to the commencement of the | 16 | | operation of the cooperative high school or within
30
days | 17 | | after the date of the referendum election if the | 18 | | proposition receives a
majority of those voting in each | 19 | | district, whichever occurs first; and
| 20 | | (3) transfer to the governing board of the cooperative | 21 | | high school
the employment and the positions of so many of | 22 | | the full-time educational
support
personnel employees | 23 | | employed by a participating district as are jointly
| 24 | | determined
by the school boards of the participating
| 25 | | districts and the governing board, if the governing board | 26 | | is then in existence,
to be
needed at
the
cooperative high |
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| 1 | | school, provided that the full-time educational personnel
| 2 | | employee
transfers shall be done by categories on the | 3 | | seniority list mentioned in
subdivision (2) of this | 4 | | subsection (h) and done in order from greatest
seniority
| 5 | | first
through lesser amounts of seniority.
| 6 | | If there are more full-time
educational support personnel | 7 | | employees than there are available
positions at the cooperative | 8 | | high school or
in the participating district, a school board | 9 | | shall first
remove or dismiss those educational support | 10 | | personnel employees
with the shorter length of continuing | 11 | | service in any of the
participating districts, within the | 12 | | respective category of
position. The governing board is subject | 13 | | to this Code with respect to the
educational support personnel | 14 | | employee as if the educational support personnel
employee had | 15 | | been the governing board's employee during the time the
| 16 | | educational support personnel employee was actually employed | 17 | | by the school
board of the district from which the employment | 18 | | and position were transferred.
Any educational support | 19 | | personnel employee dismissed as a result of such a
decrease | 20 | | shall be paid all earned compensation on or before the third | 21 | | business
day following his or her last day of employment. If | 22 | | the school board that has
dismissed the educational support | 23 | | personnel employee or the governing board has
any vacancies for | 24 | | the following school term or within one calendar year from
the | 25 | | beginning of the following school term, the positions thereby | 26 | | becoming
available within a specific category of position shall |
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| 1 | | be tendered to the
employees so removed or dismissed from that | 2 | | category of position so far as they
are legally qualified to | 3 | | hold such positions. If the cooperative high school is
| 4 | | dissolved, any educational support personnel employee who was | 5 | | transferred from
a participating district shall be transferred | 6 | | back to the district and Section
10-23.5 of this Code shall | 7 | | apply. In that case, a district is subject to this
Code in the | 8 | | same manner as if the educational support personnel employee
| 9 | | transferred back had been continuously in the service of the | 10 | | receiving
district.
| 11 | | (i) Two or more school districts not contiguous to each | 12 | | other, each of which has an enrollment in grades 9 through 12 | 13 | | of less than 600 students, may jointly operate one or more | 14 | | cooperative high schools if the following requirements are met | 15 | | and documented within 2 calendar years prior to the proposition | 16 | | filing date, pursuant to subsection (a) of this Section: | 17 | | (1) the distance between each district administrative | 18 | | office is documented as no more than 30 miles; | 19 | | (2) every district contiguous to the district wishing | 20 | | to operate one or more cooperative high schools under the | 21 | | provisions of this Section determines that it is not | 22 | | interested in participating in such joint operation, | 23 | | through a vote of its school board, and documents that | 24 | | non-interest in a letter to the districts wishing to form | 25 | | the cooperative high school containing approved minutes | 26 | | that record the school board vote; |
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| 1 | | (3) documentation of meeting these requirements is | 2 | | attached to the board resolution required under subsection | 3 | | (a) of this Section; and | 4 | | (4) all other provisions of this Section are followed. | 5 | | (Source: P.A. 98-125, eff. 8-2-13.)
| 6 | | (105 ILCS 5/10-22.22d) | 7 | | Sec. 10-22.22d. Pilot cooperative elementary school and | 8 | | pilot cooperative high school. | 9 | | (a) Subject to the provisions of this Section, 2 contiguous | 10 | | school districts that are
(i) located all or in part in | 11 | | Vermilion County;
(ii) have an enrollment in grades 6-8 of less | 12 | | than 150 during the 2008-2009 school year and in grades 9-12 of | 13 | | less than 400 during the 2008-2009 school year; and
(iii) have | 14 | | a Junior High School serving grades 6, 7, and 8 in one of the | 15 | | districts
may, when in their judgment the interest of the | 16 | | districts and of the students will be best served, jointly | 17 | | pilot a cooperative elementary school or cooperative high | 18 | | school, or both. | 19 | | The board of each district contemplating a joint operation | 20 | | shall, by proper resolution, cause the proposition to enter | 21 | | into such joint operation for a period not to exceed 3 years. | 22 | | The school boards of the participating districts may, if | 23 | | they agree on terms, execute a contract for such joint | 24 | | operation subject to the provisions of this Section. | 25 | | (b) The agreement for joint operation of any such |
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| 1 | | cooperative elementary school or cooperative high school, or | 2 | | both, shall include, but not be limited to, provisions for | 3 | | administration, staff, programs, financing, facilities, and | 4 | | transportation. Agreements may be modified, by approval of each | 5 | | of the participating districts, provided that a district may | 6 | | withdraw from the agreement only if the district is | 7 | | reorganizing with one or more districts under other provisions | 8 | | of this Code. | 9 | | (c) A governing board, which shall govern the operation of | 10 | | any such cooperative elementary school or cooperative high | 11 | | school, or both, shall be apportioned to reflect the number of | 12 | | students in each respective district who attend the cooperative | 13 | | elementary school or cooperative high school, or both. The | 14 | | membership of the governing board shall be 5 members. The | 15 | | school board of each participating district shall select, from | 16 | | its membership, its representatives on the governing board. The | 17 | | governing board shall prepare and adopt a budget for the | 18 | | cooperative elementary school or cooperative high school, or | 19 | | both. The governing board shall administer the cooperative | 20 | | elementary school or cooperative high school, or both, in | 21 | | accordance with the agreement of the districts and shall have | 22 | | the power to hire, supervise, and terminate staff; to enter | 23 | | into contracts; to adopt policies for the school or schools; | 24 | | and to take all other actions necessary and proper for the | 25 | | operation of the school or schools. The governing board may not | 26 | | levy taxes or incur any indebtedness except within the annual |
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| 1 | | budget approved by the participating districts. | 2 | | (d) Each participating district shall pay its per capita | 3 | | cost of educating the students residing in its district and | 4 | | attending any cooperative elementary school or cooperative | 5 | | high school into the budget for the maintenance and operation | 6 | | of the cooperative elementary school or cooperative high | 7 | | school, or both. | 8 | | The manner of determining per capita cost shall be set | 9 | | forth in the agreement. Each district shall pay the amount owed | 10 | | the governing board under the terms of the agreement from the | 11 | | fund that the district would have used if the district had | 12 | | incurred the costs directly and may levy taxes and issue bonds | 13 | | as otherwise authorized for these purposes in order to make | 14 | | payments to the governing board. | 15 | | (e) Upon formation of the cooperative elementary school or | 16 | | cooperative high school, or both, the school board of each | 17 | | participating district shall: | 18 | | (1) confer and coordinate with each other and the | 19 | | governing board, if the governing board is then in | 20 | | existence, as to staffing needs for the cooperative | 21 | | elementary school or cooperative high school, or both; | 22 | | (2) in consultation with any exclusive employee | 23 | | representatives and the governing board, if the governing | 24 | | board is then in existence, establish a combined list of | 25 | | teachers in all participating districts, categorized by | 26 | | positions, showing the length of service and the |
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| 1 | | contractual continued service status, if any, of each | 2 | | teacher in each participating district who is qualified to | 3 | | hold any positions at the cooperative elementary school or | 4 | | cooperative high school, or both, and then distribute this | 5 | | list to the exclusive employee representatives on or before | 6 | | February 1 of the school year prior to the commencement of | 7 | | the operation of the cooperative elementary school or | 8 | | cooperative high school, or both, or within 30 days after | 9 | | the date of the board resolutions, whichever occurs first; | 10 | | this list is in addition to and not a substitute for the | 11 | | list mandated by Section 24-12 of this Code; and | 12 | | (3) transfer to the governing board of the cooperative | 13 | | elementary school or cooperative high school, or both, the | 14 | | employment and the position of so many of the full-time or | 15 | | part-time school teachers employed by a participating | 16 | | district as are jointly determined by the school boards of | 17 | | the participating districts and the governing board, if the | 18 | | governing board is then in existence, to be needed at the | 19 | | cooperative school or schools, provided that these teacher | 20 | | transfers shall be done: | 21 | | (A) by categories listed on the seniority list | 22 | | mentioned in item (2) of this subsection (e); | 23 | | (B) in each category, by having teachers in | 24 | | contractual continued service being transferred before | 25 | | any teachers who are not in contractual continued | 26 | | service; and |
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| 1 | | (C) in order from greatest seniority first through | 2 | | lesser amounts of seniority. | 3 | | A teacher who is not in contractual continued service shall | 4 | | not be transferred if there is a teacher in contractual | 5 | | continued service in the same category who is qualified to hold | 6 | | the position that is to be filled. | 7 | | If there are more teachers who have entered upon | 8 | | contractual continued service than there are available | 9 | | positions at the cooperative elementary school or cooperative | 10 | | high school, or both or within other assignments in the | 11 | | district, a school board shall first remove or dismiss all | 12 | | teachers who have not entered upon contractual continued | 13 | | service before removing or dismissing any teacher who has | 14 | | entered upon contractual continued service and who is legally | 15 | | qualified (i) to hold a position at the cooperative elementary | 16 | | school or cooperative high school, or both planned to be held | 17 | | by a teacher who has not entered upon contractual continued | 18 | | service or (ii) to hold another position in the participating | 19 | | district. As between teachers who have entered upon contractual | 20 | | continued service, the teacher or teachers with the shorter | 21 | | length of continuing service in any of the participating | 22 | | districts shall be dismissed first. Any teacher dismissed as a | 23 | | result of such a decrease shall be paid all earned compensation | 24 | | on or before the third business day following the last day of | 25 | | pupil attendance in the regular school term. If the school | 26 | | board that has dismissed a teacher or the governing board has |
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| 1 | | any vacancies for the following school term or within one | 2 | | calendar year from the beginning of the following school term, | 3 | | then the positions thereby becoming available shall be tendered | 4 | | to the teachers so removed or dismissed so far as they are | 5 | | legally qualified to hold such positions. If the number of | 6 | | honorable dismissal notices in all participating districts | 7 | | exceeds 15% of full-time equivalent positions filled by | 8 | | certified employees (excluding principals and administrative | 9 | | personnel) during the preceding school year in all | 10 | | participating districts and if the school board that has | 11 | | dismissed a teacher or the governing board has any vacancies | 12 | | for the following school term or within 2 calendar years from | 13 | | the beginning of the following school term, the positions so | 14 | | becoming available shall be tendered to the teachers who were | 15 | | so notified, removed, or dismissed whenever these teachers are | 16 | | legally qualified to hold those positions. | 17 | | The provisions of subsection (h) of Section 24-11 Section | 18 | | 24-12 of this Code concerning teachers whose positions are | 19 | | transferred from one board to the control of a different board | 20 | | shall apply to the teachers who are transferred. The | 21 | | contractual continued service of any transferred teacher is not | 22 | | lost and the governing board is subject to this Code with | 23 | | respect to the teacher in the same manner as if the teacher had | 24 | | been the governing board's employee during the time the teacher | 25 | | was actually employed by the board of the district from which | 26 | | the position and the teacher's employment were transferred. The |
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| 1 | | time spent in employment with a participating district by any | 2 | | teacher who has not yet entered upon contractual continued | 3 | | service and who is transferred to the governing board is not | 4 | | lost when computing the time necessary for the teacher to enter | 5 | | upon contractual continued service, and the governing board is | 6 | | subject to this Code with respect to the teacher in the same | 7 | | manner as if the teacher had been the governing board's | 8 | | employee during the time the teacher was actually employed by | 9 | | the school board from which the position and the teacher's | 10 | | employment were transferred. | 11 | | At the conclusion of the pilot program, any teacher who was | 12 | | transferred from a participating district shall be transferred | 13 | | back to the district and subsection (h) of Section 24-11 | 14 | | Section 24-12 of this Code shall apply. In that case, a | 15 | | district is subject to this Code in the same manner as if the | 16 | | teacher transferred back had been continuously in the service | 17 | | of the receiving district. | 18 | | (f) Upon formation of the cooperative elementary school or | 19 | | cooperative high school, or both, the school board of each | 20 | | participating district shall: | 21 | | (1) confer and coordinate with each other and the | 22 | | governing board, if the governing board is then in | 23 | | existence, as to needs for educational support personnel | 24 | | for the cooperative elementary school or cooperative high | 25 | | school, or both; | 26 | | (2) in consultation with any exclusive employee |
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| 1 | | representative or bargaining agent and the governing | 2 | | board, if the governing board is then in existence, | 3 | | establish a combined list of educational support personnel | 4 | | in participating districts, categorized by positions, | 5 | | showing the length of continuing service of each full-time | 6 | | educational support personnel employee who is qualified to | 7 | | hold any such position at the cooperative elementary school | 8 | | or cooperative high school, or both, and then distribute | 9 | | this list to the exclusive employee representative or | 10 | | bargaining agent on or before February 1 of the school year | 11 | | prior to the commencement of the operation of the | 12 | | cooperative elementary school or cooperative high school, | 13 | | or both or within 30 days after the date of the board | 14 | | resolutions, whichever occurs first; and | 15 | | (3) transfer to the governing board of the cooperative | 16 | | elementary school or cooperative high school, or both the | 17 | | employment and the positions of so many of the full-time | 18 | | educational support personnel employees employed by a | 19 | | participating district as are jointly determined by the | 20 | | school boards of the participating districts and the | 21 | | governing board, if the governing board is then in | 22 | | existence, to be needed at the cooperative elementary | 23 | | school or cooperative high school, or both, provided that | 24 | | the full-time educational personnel employee transfers | 25 | | shall be done by categories on the seniority list mentioned | 26 | | in item (2) of this subsection (f) and done in order from |
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| 1 | | greatest seniority first through lesser amounts of | 2 | | seniority. | 3 | | If there are more full-time educational support personnel | 4 | | employees than there are available positions at the cooperative | 5 | | elementary school or cooperative high school, or both or in the | 6 | | participating district, then a school board shall first remove | 7 | | or dismiss those educational support personnel employees with | 8 | | the shorter length of continuing service in any of the | 9 | | participating districts, within the respective category of | 10 | | position. The governing board is subject to this Code with | 11 | | respect to the educational support personnel employee as if the | 12 | | educational support personnel employee had been the governing | 13 | | board's employee during the time the educational support | 14 | | personnel employee was actually employed by the school board of | 15 | | the district from which the employment and position were | 16 | | transferred. Any educational support personnel employee | 17 | | dismissed as a result of such a decrease shall be paid all | 18 | | earned compensation on or before the third business day | 19 | | following his or her last day of employment. If the school | 20 | | board that has dismissed the educational support personnel | 21 | | employee or the governing board has any vacancies for the | 22 | | following school term or within one calendar year from the | 23 | | beginning of the following school term, then the positions | 24 | | thereby becoming available within a specific category of | 25 | | position shall be tendered to the employees so removed or | 26 | | dismissed from that category of position so far as they are |
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| 1 | | legally qualified to hold such positions. At the conclusion of | 2 | | the pilot, any educational support personnel employee who was | 3 | | transferred from a participating district shall be transferred | 4 | | back to the district and Section 10-23.5 of this Code shall | 5 | | apply. In that case, a district is subject to this Code in the | 6 | | same manner as if the educational support personnel employee | 7 | | transferred back had been continuously in the service of the | 8 | | receiving district. | 9 | | (g) This Section repeals 3 years after the beginning date | 10 | | of operation of a pilot cooperative elementary school or a | 11 | | pilot cooperative high school.
| 12 | | (Source: P.A. 96-1328, eff. 7-27-10.) | 13 | | (105 ILCS 5/11E-110) | 14 | | Sec. 11E-110. Teachers in contractual continued service; | 15 | | educational support personnel employees. | 16 | | (a) When a school district conversion or multi-unit | 17 | | conversion becomes effective for purposes of administration | 18 | | and attendance, as determined pursuant to Section 11E-70 of | 19 | | this Code, the provisions of subsection (h) of Section 24-11 | 20 | | Section 24-12 of this Code relative to the contractual | 21 | | continued service status of teachers having contractual | 22 | | continued service whose positions are transferred from one | 23 | | school board to the control of a new or different school board | 24 | | shall apply, and the positions held by teachers, as that term | 25 | | is defined in subsection (a) of Section 24-11 of this Code, |
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| 1 | | having contractual continued service with the unit district at | 2 | | the time of its dissolution shall be transferred on the | 3 | | following basis: | 4 | | (1) positions of teachers in contractual continued | 5 | | service that, during the 5 school years immediately | 6 | | preceding the effective date of the change, as determined | 7 | | under Section 11E-70 of this Code, were full-time positions | 8 | | in which all of the time required of the position was spent | 9 | | in one or more of grades 9 through 12 shall be transferred | 10 | | to the control of the school board of the new high school | 11 | | district or combined high school - unit district, as the | 12 | | case may be; | 13 | | (2) positions of teachers in contractual continued | 14 | | service that, during the 5 school years immediately | 15 | | preceding the effective date of the change, as determined | 16 | | under Section 11E-70 of this Code, were full-time positions | 17 | | in which all of the time required of the position was spent | 18 | | in one or more of grades kindergarten through 8 shall be | 19 | | transferred to the control of the school board of the newly | 20 | | created successor elementary district; and | 21 | | (3) positions of teachers in contractual continued | 22 | | service that were full-time positions not required to be | 23 | | transferred to the control of the school board of the new | 24 | | high school district or combined high school - unit | 25 | | district, as the case may be,
or the school board of the | 26 | | newly created successor elementary district under the |
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| 1 | | provisions of subdivision (1) or (2) of this subsection (a) | 2 | | shall be transferred to the control of whichever of the | 3 | | boards the teacher shall request. | 4 | | With respect to each position to be transferred under the | 5 | | provisions of this subsection (a), the amount of time required | 6 | | of each position to be spent in one or more of grades | 7 | | kindergarten through 8 and 9 through 12 shall be determined | 8 | | with reference to the applicable records of the unit district | 9 | | being dissolved pursuant to stipulation of the school board of | 10 | | the unit district prior to the effective date of its | 11 | | dissolution or thereafter of the school board of the newly | 12 | | created districts and with the approval in either case of the | 13 | | regional superintendent of schools of the educational service | 14 | | region in which the territory described in the petition filed | 15 | | under this Article or the greater percentage of equalized | 16 | | assessed evaluation of the territory is situated; however, if | 17 | | no such stipulation can be agreed upon, the regional | 18 | | superintendent of schools, after hearing any additional | 19 | | relevant and material evidence that any school board desires to | 20 | | submit, shall make the determination. | 21 | | (a-5) When a school district conversion or multi-unit | 22 | | conversion becomes effective for purposes of administration | 23 | | and attendance, as determined pursuant to Section 11E-70 of | 24 | | this Code, the provisions of subsection (b) of Section 10-23.5 | 25 | | of this Code relative to the transfer of educational support | 26 | | personnel employees shall apply, and the positions held by |
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| 1 | | educational support personnel employees shall be transferred | 2 | | on the following basis: | 3 | | (1) positions of educational support personnel | 4 | | employees that, during the 5 school years immediately | 5 | | preceding the effective date of the change, as determined | 6 | | under Section 11E-70 of this Code, were full-time positions | 7 | | in which all of the time required of the position was spent | 8 | | in one or more of grades 9 through 12 shall be transferred | 9 | | to the control of the school board of the new high school | 10 | | district or combined high school - unit district, as the | 11 | | case may be; | 12 | | (2) positions of educational support personnel | 13 | | employees that, during the 5 school years immediately | 14 | | preceding the effective date of the change, as determined | 15 | | under Section 11E-70 of this Code, were full-time positions | 16 | | in which all of the time required of the position was spent | 17 | | in one or more of grades kindergarten through 8 shall be | 18 | | transferred to the control of the school board of the newly | 19 | | created successor elementary district; and | 20 | | (3) positions of educational support personnel | 21 | | employees that were full-time positions not required to be | 22 | | transferred to the control of the school board of the new | 23 | | high school district or combined high school - unit | 24 | | district, as the case may be, or the school board of the | 25 | | newly created successor elementary district under | 26 | | subdivision (1) or (2) of this subsection (a-5) shall be |
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| 1 | | transferred to the control of whichever of the boards the | 2 | | educational support personnel employee requests. | 3 | | With respect to each position to be transferred under this | 4 | | subsection (a-5), the amount of time required of each position | 5 | | to be spent in one or more of grades kindergarten through 8 and | 6 | | 9 through 12 shall be determined with reference to the | 7 | | applicable records of the unit district being dissolved | 8 | | pursuant to stipulation of the school board of the unit | 9 | | district prior to the effective date of its dissolution or | 10 | | thereafter of the school board of the newly created districts | 11 | | and with the approval in either case of the regional | 12 | | superintendent of schools of the educational service region in | 13 | | which the territory described in the petition filed under this | 14 | | Article or the greater percentage of equalized assessed | 15 | | evaluation of the territory is situated; however, if no such | 16 | | stipulation can be agreed upon, the regional superintendent of | 17 | | schools, after hearing any additional relevant and material | 18 | | evidence that any school board desires to submit, shall make | 19 | | the determination.
| 20 | | (b) When the creation of a unit district or a combined | 21 | | school district becomes effective for purposes of | 22 | | administration and attendance, as determined pursuant to | 23 | | Section 11E-70 of this Code, the positions of teachers in | 24 | | contractual continued service in the districts involved in the | 25 | | creation of the new district are transferred to the newly | 26 | | created district pursuant to the provisions of subsection (h) |
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| 1 | | of Section 24-11 Section 24-12 of this Code relative to | 2 | | teachers having contractual continued service status whose | 3 | | positions are transferred from one board to the control of a | 4 | | different board, and those provisions of subsection (h) of | 5 | | Section 24-11 of this Code Section 24-12 shall apply to these | 6 | | transferred teachers. The contractual continued service status | 7 | | of any teacher thereby transferred to the newly created | 8 | | district is not lost and the new school board is subject to | 9 | | this Code with respect to the transferred teacher in the same | 10 | | manner as if the teacher was that district's employee and had | 11 | | been its employee during the time the teacher was actually | 12 | | employed by the school board of the district from which the | 13 | | position was transferred.
| 14 | | (c) When the creation of a unit district or a combined | 15 | | school district becomes effective for purposes of | 16 | | administration and attendance, as determined pursuant to | 17 | | Section 11E-70 of this Code, the positions of educational | 18 | | support personnel employees in the districts involved in the | 19 | | creation of the new district shall be transferred to the newly | 20 | | created district pursuant to subsection (b) of Section 10-23.5 | 21 | | of this Code. The length of continuing service of any | 22 | | educational support personnel employee thereby transferred to | 23 | | the newly created district is not lost and the new school board | 24 | | is subject to this Code with respect to the transferred | 25 | | educational support personnel employee in the same manner as if | 26 | | the educational support personnel employee had been that |
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| 1 | | district's employee during the time the educational support | 2 | | personnel employee was actually employed by the school board of | 3 | | the district from which the position was transferred.
| 4 | | (Source: P.A. 94-1019, eff. 7-10-06; 95-148, eff. 8-14-07; | 5 | | 95-331, eff. 8-21-07.)
| 6 | | (105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
| 7 | | Sec. 18-12. Dates for filing State aid claims. The school | 8 | | board of
each school district , a regional office of education, | 9 | | a laboratory school, or a State-authorized charter school shall | 10 | | require teachers, principals, or
superintendents to furnish | 11 | | from records kept by them such data as it
needs in preparing | 12 | | and certifying to the State Superintendent of Education
| 13 | | regional superintendent its school district report of claims | 14 | | provided in Section
Sections 18-8.05 of this Code through 18-9 | 15 | | as required by the State
Superintendent of Education . The | 16 | | district claim
shall be based on the latest available equalized | 17 | | assessed valuation and tax
rates, as provided in Section | 18 | | 18-8.05 , and shall use the average
daily
attendance as | 19 | | determined by the method outlined in Section 18-8.05 ,
and shall | 20 | | be
certified and filed with the State Superintendent of | 21 | | Education regional superintendent by June 21
for districts and | 22 | | State-authorized charter schools with an
official
school | 23 | | calendar end date before June 15 or within 2 weeks following | 24 | | the
official school calendar end date for districts , regional | 25 | | offices of education, laboratory schools, or State-authorized |
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| 1 | | charter schools with a school year end date
of June 15 or | 2 | | later. The regional superintendent shall certify and file
with | 3 | | the State Superintendent of Education district State aid claims | 4 | | by
July 1 for districts with an official school calendar end | 5 | | date before June
15 or no later than July 15 for districts with | 6 | | an official school calendar
end date of June 15 or later.
| 7 | | Failure to
so file by these deadlines constitutes a forfeiture | 8 | | of the right
to
receive payment by
the State until such claim | 9 | | is filed and vouchered for payment . The
regional superintendent | 10 | | of schools shall certify the county report of claims
by July | 11 | | 15; and the State Superintendent of Education shall voucher
for | 12 | | payment those claims to the State Comptroller as provided in | 13 | | Section 18-11.
| 14 | | Except as otherwise provided in this Section, if any school | 15 | | district
fails to provide the minimum school term specified
in | 16 | | Section 10-19, the State aid claim for that year shall be | 17 | | reduced by the
State Superintendent of Education in an amount | 18 | | equivalent to 1/176 or .56818% for
each day less than the | 19 | | number of days required by this Code.
| 20 | | If
the State Superintendent of Education determines that | 21 | | the failure
to
provide the minimum school term was occasioned | 22 | | by an act or acts of God, or
was occasioned by conditions | 23 | | beyond the control of the school district
which posed a | 24 | | hazardous threat to the health and safety of pupils, the
State | 25 | | aid claim need not be reduced.
| 26 | | If a school district is precluded from providing the |
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| 1 | | minimum hours of instruction required for a full day of | 2 | | attendance due to an adverse weather condition or a condition | 3 | | beyond the control of the school district that poses a | 4 | | hazardous threat to the health and safety of students, then the | 5 | | partial day of attendance may be counted if (i) the school | 6 | | district has provided at least one hour of instruction prior to | 7 | | the closure of the school district, (ii) a school building has | 8 | | provided at least one hour of instruction prior to the closure | 9 | | of the school building, or (iii) the normal start time of the | 10 | | school district is delayed. | 11 | | If, prior to providing any instruction, a school district | 12 | | must close one or more but not all school buildings after | 13 | | consultation with a local emergency response agency or due to a | 14 | | condition beyond the control of the school district, then the | 15 | | school district may claim attendance for up to 2 school days | 16 | | based on the average attendance of the 3 school days | 17 | | immediately preceding the closure of the affected school | 18 | | building or, if approved by the State Board of Education, | 19 | | utilize the provisions of an e-learning program for the | 20 | | affected school building as prescribed in Section 10-20.56 of | 21 | | this Code. The partial or no day of attendance described in | 22 | | this Section and the reasons therefore shall be certified | 23 | | within a month of the closing or delayed start by the school | 24 | | district superintendent to the regional superintendent of | 25 | | schools for forwarding to the State Superintendent of Education | 26 | | for approval.
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| 1 | | Other than the utilization of any e-learning days as | 2 | | prescribed in Section 10-20.56 of this Code, no exception to | 3 | | the requirement of providing a minimum school term may
be | 4 | | approved by the State Superintendent of Education pursuant to | 5 | | this Section
unless a school district has first used all | 6 | | emergency days provided for
in its regular calendar.
| 7 | | If the State Superintendent of Education declares that an | 8 | | energy
shortage exists during any part of the school year for | 9 | | the State or a
designated portion of the State, a district may | 10 | | operate the school
attendance centers within the district 4 | 11 | | days of the week during the
time of the shortage by extending | 12 | | each existing school day by one clock
hour of school work, and | 13 | | the State aid claim shall not be reduced, nor
shall the | 14 | | employees of that district suffer any reduction in salary or
| 15 | | benefits as a result thereof. A district may operate all | 16 | | attendance
centers on this revised schedule, or may apply the | 17 | | schedule to selected
attendance centers, taking into | 18 | | consideration such factors as pupil
transportation schedules | 19 | | and patterns and sources of energy for
individual attendance | 20 | | centers.
| 21 | | Electronically submitted State aid claims shall be | 22 | | submitted by
duly authorized district or regional individuals | 23 | | over a secure network
that is password protected. The | 24 | | electronic submission of a State aid
claim must be accompanied | 25 | | with an affirmation that all of the provisions
of Sections | 26 | | 18-8.05 through 18-9 , 10-22.5, and 24-4 of this Code are
met in |
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| 1 | | all respects.
| 2 | | (Source: P.A. 99-194, eff. 7-30-15.)
| 3 | | (105 ILCS 5/21B-30)
| 4 | | Sec. 21B-30. Educator testing. | 5 | | (a) This Section applies beginning on July 1, 2012. | 6 | | (b) The State Board of Education, in consultation with the | 7 | | State Educator Preparation and Licensure Board, shall design | 8 | | and implement a system of examinations, which shall be required | 9 | | prior to the issuance of educator licenses. These examinations | 10 | | and indicators must be based on national and State professional | 11 | | teaching standards, as determined by the State Board of | 12 | | Education, in consultation with the State Educator Preparation | 13 | | and Licensure Board. The State Board of Education may adopt | 14 | | such rules as may be necessary to implement and administer this | 15 | | Section. No score on a test required under this Section, other | 16 | | than a test of basic skills, shall be more than 10 years old at | 17 | | the time that an individual makes application for an educator | 18 | | license or endorsement. | 19 | | (c) Applicants seeking a Professional Educator License or | 20 | | an Educator License with Stipulations shall be required to pass | 21 | | a test of basic skills before the license is issued, unless the | 22 | | endorsement the individual is seeking does not require passage | 23 | | of the test. All applicants completing Illinois-approved, | 24 | | teacher education or school service personnel preparation | 25 | | programs shall be required to pass the State Board of |
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| 1 | | Education's recognized test of basic skills prior to starting | 2 | | their student teaching or starting the final semester of their | 3 | | internship, unless required earlier at the discretion of the | 4 | | recognized, Illinois institution in which they are completing | 5 | | their approved program. An individual who passes a test of | 6 | | basic skills does not need to do so again for subsequent | 7 | | endorsements or other educator licenses. | 8 | | (d) All applicants seeking a State license shall be | 9 | | required to pass a test of content area knowledge for each area | 10 | | of endorsement for which there is an applicable test. There | 11 | | shall be no exception to this requirement. No candidate shall | 12 | | be allowed to student teach or serve as the teacher of record | 13 | | until he or she has passed the applicable content area test. | 14 | | (e) All applicants seeking a State license endorsed in a | 15 | | teaching field and completing their student teaching | 16 | | experience no later than August 31, 2015 shall pass the | 17 | | assessment of professional teaching (APT). Prior to September | 18 | | 1, 2015, passage Passage of the APT is required for completion | 19 | | of an approved Illinois educator preparation program. The APT | 20 | | shall be available through August 31, 2020. | 21 | | (f) Beginning on September 1, 2015, all candidates | 22 | | completing teacher preparation programs in this State and all | 23 | | candidates subject to Section 21B-35 of this Code are required | 24 | | to pass an evidence-based assessment of teacher effectiveness | 25 | | approved by the State Board of Education, in consultation with | 26 | | the State Educator Preparation and Licensure Board. All |
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| 1 | | recognized institutions offering approved teacher preparation | 2 | | programs must begin phasing in the approved teacher performance | 3 | | assessment no later than July 1, 2013. | 4 | | (g) Tests of basic skills and content area knowledge and | 5 | | the assessment of professional teaching shall be the tests that | 6 | | from time to time are designated by the State Board of | 7 | | Education, in consultation with the State Educator Preparation | 8 | | and Licensure Board, and may be tests prepared by an | 9 | | educational testing organization or tests designed by the State | 10 | | Board of Education, in consultation with the State Educator | 11 | | Preparation and Licensure Board. The areas to be covered by a | 12 | | test of basic skills shall include reading, language arts, and | 13 | | mathematics. The test of content area knowledge shall assess | 14 | | content knowledge in a specific subject field. The tests must | 15 | | be designed to be racially neutral to ensure that no person | 16 | | taking the tests is discriminated against on the basis of race, | 17 | | color, national origin, or other factors unrelated to the | 18 | | person's ability to perform as a licensed employee. The score | 19 | | required to pass the tests shall be fixed by the State Board of | 20 | | Education, in consultation with the State Educator Preparation | 21 | | and Licensure Board. The tests shall be administered not fewer | 22 | | than 3 times a year at such time and place as may be designated | 23 | | by the State Board of Education, in consultation with the State | 24 | | Educator Preparation and Licensure Board. | 25 | | The State Board shall implement a test or tests to assess | 26 | | the speaking, reading, writing, and grammar skills of |
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| 1 | | applicants for an endorsement or a license issued under | 2 | | subdivision (G) of paragraph (2) of Section 21B-20 of this Code | 3 | | in the English language and in the language of the transitional | 4 | | bilingual education program requested by the applicant. | 5 | | (h) Except as provided in Section 34-6 of this Code, the | 6 | | provisions of this Section shall apply equally in any school | 7 | | district subject to Article 34 of this Code. | 8 | | (i) The rules developed to implement and enforce the | 9 | | testing requirements under this Section shall include without | 10 | | limitation provisions governing test selection, test | 11 | | validation and determination of a passing score, | 12 | | administration of the tests, frequency of administration, | 13 | | applicant fees, frequency of applicants taking the tests, the | 14 | | years for which a score is valid, and appropriate special | 15 | | accommodations. The State Board of Education shall develop such | 16 | | rules as may be needed to ensure uniformity from year to year | 17 | | in the level of difficulty for each form of an assessment.
| 18 | | (Source: P.A. 98-361, eff. 1-1-14; 98-581, eff. 8-27-13; | 19 | | 98-756, eff. 7-16-14; 99-58, eff. 7-16-15.) | 20 | | Section 10. The School Breakfast and Lunch Program Act is | 21 | | amended by changing Section 9 as follows:
| 22 | | (105 ILCS 125/9) (from Ch. 122, par. 712.9)
| 23 | | Sec. 9. Certification and payment of claims. The State | 24 | | Board of Education
shall prepare and certify to the State |
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| 1 | | Comptroller at least quarterly monthly
the amount due each | 2 | | board and welfare center, whereupon
the
Comptroller shall
draw | 3 | | his warrants on the State Treasurer for the amounts certified | 4 | | for the
various
school boards and welfare centers.
| 5 | | (Source: P.A. 91-843, eff. 6-22-00.)
| 6 | | Section 99. Effective date. This Act takes effect July 1, | 7 | | 2016.
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