Full Text of SB3418 100th General Assembly
SB3418sam002 100TH GENERAL ASSEMBLY | Sen. Sue Rezin Filed: 4/20/2018
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| 1 | | AMENDMENT TO SENATE BILL 3418
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3418, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The School Code is amended by changing Section | 6 | | 10-21.4 as follows:
| 7 | | (105 ILCS 5/10-21.4) (from Ch. 122, par. 10-21.4)
| 8 | | Sec. 10-21.4. Superintendent - Duties. | 9 | | (a) Except in districts
in which there is only one school | 10 | | with fewer than 4
teachers, to employ a superintendent or share | 11 | | the services of a superintendent as otherwise provided in this | 12 | | Section , who shall have charge
of the administration of the | 13 | | schools under the direction of
the board of education. However, | 14 | | in any school district that has boundaries that lie in 3 | 15 | | counties, one county of which has a population exceeding | 16 | | 1,000,000 inhabitants, that has an enrollment of more than |
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| 1 | | 35,000 students, and that has on staff properly licensed | 2 | | assistant superintendents or directors in the areas of | 3 | | instruction, finance, special education, assessments, and | 4 | | career and technology education, the school board may instead, | 5 | | by a vote of a majority of its full membership, appoint a chief | 6 | | executive officer to serve as its superintendent, who shall be | 7 | | a person of recognized administrative ability and management | 8 | | experience, hold a master's degree, have been employed with the | 9 | | school district for a minimum of 5 years in an administrative | 10 | | capacity, be responsible for the management of the district, | 11 | | and have all other powers and duties of a superintendent as set | 12 | | forth in this Code, but who shall be exempt from the provisions | 13 | | and requirements of Section 21B-15 of this Code for a period of | 14 | | 5 years. | 15 | | (b) A school board shall, upon passage of a referendum as | 16 | | provided in subsection (c) of this Section after submission of | 17 | | a petition signed by no less than 8% of the school district's | 18 | | voters in the last consolidated election, or may, by | 19 | | resolution, enter into a joint agreement with other school | 20 | | boards to share the services of a superintendent or other | 21 | | administrator. Each school board involved in the joint | 22 | | agreement must agree to the joint agreement by resolution or by | 23 | | passage of a referendum. A school board is not required to | 24 | | enter into a joint agreement in the same manner as the other | 25 | | school boards in the agreement, as long as the school board | 26 | | agrees to the joint agreement by resolution or by passage of a |
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| 1 | | referendum. The agreement must include the amount that each | 2 | | school board shall contribute to the salary of the | 3 | | superintendent or other administrator. The superintendent or | 4 | | other administrator may be employed by one school board, which | 5 | | shall be reimbursed on a mutually agreed-to basis with other | 6 | | school boards that are parties to the joint agreement. The | 7 | | joint agreement may be amended at any time as provided in the | 8 | | joint agreement or, if the joint agreement does not so provide, | 9 | | the agreement may be amended at any time upon the adoption of a | 10 | | resolution (if the original joint agreement was entered into | 11 | | upon adoption of a resolution) or the passage of a referendum | 12 | | (if the original joint agreement was entered into upon passage | 13 | | of a referendum) in all member school districts. A fully | 14 | | executed copy of the joint agreement shall be filed with the | 15 | | State Board of Education. In the event 3 or more school boards | 16 | | decide to enter into a joint agreement and at least one school | 17 | | board submits a referendum under subsection (c) of this Section | 18 | | that does not pass, the agreement between the remaining school | 19 | | boards is still valid. | 20 | | (c) A petition to enter into a joint agreement under | 21 | | subsection (b) of this Section shall be filed with the | 22 | | applicable election authority, as defined in Section 1-3 of the | 23 | | Election Code, or, in the case of multiple election | 24 | | authorities, with the State Board of Elections no more than 10 | 25 | | months and no less than 6 months prior to the election at which | 26 | | the question is to be submitted to the voters, and its validity |
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| 1 | | shall be determined as provided by Article 28 of the Election | 2 | | Code. The election authority or Board, as applicable, shall | 3 | | certify the question and the proper election authority or | 4 | | authorities shall submit the question to the voters. Except as | 5 | | otherwise provided in this Section, this referendum shall be | 6 | | subject to all other general election law requirements. The | 7 | | proposition shall be in substantially the following form: | 8 | | Shall the (school district) enter into a joint | 9 | | agreement with (other school district or districts) to | 10 | | share the services of a (superintendent or other | 11 | | administrator)? | 12 | | Votes shall be recorded as "Yes" or "No". | 13 | | If at least 50% of all votes cast on the proposition are in | 14 | | favor of the proposition or the school board adopts a | 15 | | resolution in all affected school districts, the school boards | 16 | | shall enter into a joint agreement. | 17 | | (d) A school district wishing to withdraw from a joint | 18 | | agreement under this Section shall obtain from its school board | 19 | | a written resolution approving the withdrawal if the school | 20 | | district entered into the joint agreement by resolution. The | 21 | | withdrawing school district must present a written petition for | 22 | | withdrawal from the joint agreement to the other member school | 23 | | districts within the timelines designated by the joint | 24 | | agreement. Upon approval of the petition by all of the | 25 | | remaining member school districts, the petitioning school | 26 | | district shall be withdrawn from the joint agreement effective |
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| 1 | | the following July 1 and shall provide the State Board of | 2 | | Education written notification of the approved withdrawal. If | 3 | | the petition for withdrawal is not approved and the petitioning | 4 | | school district is a part of a Class II county school unit | 5 | | outside of a city with 500,000 or more inhabitants, the | 6 | | petitioning school district may appeal the disapproval | 7 | | decision to the regional board of school trustees of the | 8 | | township that has jurisdiction and authority over the | 9 | | withdrawing school district. If a school district is not under | 10 | | the jurisdiction and authority of the regional board of school | 11 | | trustees of a township, a hearing panel shall be established by | 12 | | the chief administrative officer of the intermediate service | 13 | | center having jurisdiction over the withdrawing school | 14 | | district. The hearing panel shall be made up of 3 members who | 15 | | have a demonstrated interest and background in education. A | 16 | | hearing panel member may not reside within the withdrawing | 17 | | school district and may not be a current school board member or | 18 | | employee of the withdrawing school district or hold any county | 19 | | office. None of the hearing panel members may reside within the | 20 | | same school district. The hearing panel shall serve without | 21 | | remuneration; however, the necessary expenses, including | 22 | | travel, attendant upon any meeting or hearing in relation to | 23 | | these proceedings must be paid. If the regional board of school | 24 | | trustees of the township having jurisdiction and authority over | 25 | | the withdrawing school district or the hearing panel | 26 | | established by the chief administrative officer of the |
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| 1 | | intermediate service center having jurisdiction over the | 2 | | withdrawing school district approves the petition for | 3 | | withdrawal, then the petitioning school district shall be | 4 | | withdrawn from the joint agreement effective the following July | 5 | | 1 and shall notify the State Board of Education of the approved | 6 | | withdrawal in writing. | 7 | | (e) A school district wishing to withdraw from a joint | 8 | | agreement under this Section shall submit to the voters of the | 9 | | district at the next consolidated election the question of | 10 | | whether the school district shall withdraw from the joint | 11 | | agreement if the school district entered into the joint | 12 | | agreement by a referendum vote. In addition, the question shall | 13 | | be submitted to the voters of the district at the next | 14 | | consolidated election upon submission of a petition signed by | 15 | | no less than 8% of the district's voters in the last | 16 | | consolidated election. The petition or other school board | 17 | | action shall be filed with the applicable election authority, | 18 | | as defined in Section 1-3 of the Election Code, or, in the case | 19 | | of multiple election authorities, with the State Board of | 20 | | Elections no more than 10 months and no less than 6 months | 21 | | prior to the election at which the question is to be submitted | 22 | | to the voters, and its validity shall be determined as provided | 23 | | by Article 28 of the Election Code. The election authority or | 24 | | Board, as applicable, shall certify the question and the proper | 25 | | election authority or authorities shall submit the question to | 26 | | the voters. Except as otherwise provided in this Section, this |
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| 1 | | referendum shall be subject to all other general election law | 2 | | requirements. The proposition shall be in substantially the | 3 | | following form: | 4 | | Shall the (school district) withdraw from the joint | 5 | | agreement with (other school district or districts) and | 6 | | cease sharing the services of a (superintendent or other | 7 | | administrator)? | 8 | | Votes shall be recorded as "Yes" or "No". | 9 | | If a majority of all votes cast on the proposition are in | 10 | | favor of the proposition, the school district shall be | 11 | | withdrawn from the joint agreement effective the following July | 12 | | 1 and shall provide the State Board of Education written | 13 | | notification of the approved withdrawal. | 14 | | (f) In addition to the administrative
duties, the | 15 | | superintendent shall make recommendations to
the board | 16 | | concerning the budget, building plans, the
locations of sites, | 17 | | the selection, retention and dismissal of teachers
and all | 18 | | other employees, the selection of textbooks, instructional | 19 | | material
and courses of study.
However, in districts under a | 20 | | Financial Oversight Panel pursuant to
Section 1A-8 for | 21 | | violating a financial plan, the duties and responsibilities of
| 22 | | the superintendent in relation to the financial and business | 23 | | operations of the
district shall be approved by the Panel. In | 24 | | the event the Board refuses or
fails to follow a directive or | 25 | | comply with an information request of the Panel,
the | 26 | | performance of those duties shall be subject to the direction |
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| 1 | | of the
Panel.
The superintendent shall also notify the State | 2 | | Board
of Education, the board and the chief administrative | 3 | | official, other than
the alleged perpetrator himself, in the | 4 | | school where the alleged
perpetrator serves, that any person | 5 | | who is employed in a school or
otherwise comes into frequent | 6 | | contact with children
in the school has been named as a | 7 | | perpetrator in an indicated report filed
pursuant to the Abused | 8 | | and Neglected Child Reporting Act, approved June 26,
1975, as | 9 | | amended. The superintendent shall keep or cause to be kept the
| 10 | | records and accounts as directed and required by the board, aid | 11 | | in making
reports required by the board, and perform such other | 12 | | duties as the board
may delegate to him.
| 13 | | In addition, each year at a time designated by the State | 14 | | Superintendent of Education,
each
superintendent shall report | 15 | | to the State Board of Education the number of high school | 16 | | students in the
district who are enrolled in accredited courses | 17 | | (for which high school
credit will be awarded upon successful | 18 | | completion of the courses) at any
community college, together | 19 | | with the name and number of the course or
courses which each | 20 | | such student is taking.
| 21 | | (g) The provisions of this Section shall also apply to
| 22 | | board of director districts.
| 23 | | (h) Notice of intent not to renew
a contract must be given | 24 | | in writing stating the
specific reason therefor by April 1 of | 25 | | the contract
year unless the contract specifically provides | 26 | | otherwise.
Failure to do so will automatically extend the |
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| 1 | | contract
for an additional year. Within 10 days after receipt | 2 | | of
notice of intent not to renew a contract, the superintendent
| 3 | | may request a closed session hearing on the dismissal. At the | 4 | | hearing the
superintendent has the privilege of presenting | 5 | | evidence, witnesses and
defenses on the grounds for dismissal.
| 6 | | The provisions of this paragraph shall not apply to a district | 7 | | under a
Financial Oversight Panel pursuant to Section 1A-8 for | 8 | | violating a financial
plan.
| 9 | | (Source: P.A. 99-846, eff. 6-1-17 .)".
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