Full Text of HB1847 95th General Assembly
HB1847enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Sections | 5 |
| 10-22.22b, 10-23.5, and 11E-110 as follows:
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| (105 ILCS 5/10-22.22b) (from Ch. 122, par. 10-22.22b)
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| Sec. 10-22.22b. (a) The provisions of this subsection shall | 8 |
| not apply
to the deactivation of a high school facility under | 9 |
| subsection (c). Where in
its judgment the interests of the | 10 |
| district and of the students therein will be
best served, to | 11 |
| deactivate any high school facility or elementary school | 12 |
| facility in the district and send
the students of such high | 13 |
| school in grades 9 through 12 or such elementary school in | 14 |
| grades kindergarten through 8, as applicable, to schools in | 15 |
| other
districts. Such action may be taken only with the | 16 |
| approval of the voters in
the district and the approval, by | 17 |
| proper resolution, of the school board of the
receiving | 18 |
| district. The board of the district contemplating deactivation
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| shall, by proper resolution, cause the proposition
to | 20 |
| deactivate the school facility to be submitted to the
voters of | 21 |
| the district at a regularly scheduled election. Notice shall be
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| published at least 10 days prior to the date of the election at | 23 |
| least once
in one or more newspapers published in the district |
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| or, if no newspaper
is published in the district, in one or | 2 |
| more newspapers with a general
circulation within the district. | 3 |
| The notice shall be substantially in the
following form:
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| NOTICE OF REFERENDUM TO
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| DEACTIVATE THE ... SCHOOL FACILITY
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| IN SCHOOL DISTRICT NO. ........
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| Notice is hereby given that on (insert date), a referendum | 8 |
| will be held in
........ County (Counties) for the purpose
of | 9 |
| voting for or against the proposition to deactivate the ...... | 10 |
| School
facility in School District No. ...... and to send | 11 |
| pupils in ...... School
to School District(s) No. .......
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| The polls will be open at .... o'clock ... m., and close at | 13 |
| .... o'clock
... m. of the same day.
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| A............ B...............
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| Dated (insert date).
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| Regional Superintendent of Schools
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| The proposition shall be in substantially the following form:
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| -------------------------------------------------------------
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| Shall the Board
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| of Education of School
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| District No. ...., YES
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| ..... County, Illinois, be
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| authorized to deactivate -------------------------
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| the .... School facility
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| and to send pupils in ....... NO
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| School to School
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| District(s) No. .....?
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| -------------------------------------------------------------
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| If the majority of those voting upon the proposition in the | 5 |
| district
contemplating deactivation vote in favor of the | 6 |
| proposition, the board of
that district, upon approval of the | 7 |
| board of the receiving district, shall
execute a contract with | 8 |
| the receiving district providing for the reassignment
of | 9 |
| students to the receiving district. If the deactivating | 10 |
| district seeks to
send its students to more than one district, | 11 |
| it shall execute a contract with
each receiving district. The | 12 |
| length of the contract shall be for 2 school
years, but the | 13 |
| districts may renew the contract for additional one year or 2
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| year periods. Contract renewals shall be executed by January 1 | 15 |
| of the year in
which the existing contract expires. If the | 16 |
| majority of those voting upon the
proposition do not vote in | 17 |
| favor of the proposition, the school facility may
not be | 18 |
| deactivated.
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| The sending district shall pay to the receiving district an | 20 |
| amount agreed
upon by the 2 districts.
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| When the deactivation of school facilities becomes | 22 |
| effective
pursuant to this Section, the provisions of Section | 23 |
| 24-12 relative to the
contractual continued service status of | 24 |
| teachers having contractual
continued service whose positions | 25 |
| are transferred from one board to the
control of a different | 26 |
| board shall apply, and the positions at the
school facilities |
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| being deactivated held by teachers, as that term is
defined in | 2 |
| Section 24-11, having contractual continued service with the
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| school district at the time of the deactivation shall be | 4 |
| transferred to the
control of the board or boards who shall be | 5 |
| receiving the district's students on the following basis:
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| (1) positions of such teachers in contractual | 7 |
| continued service that
were full time positions shall be | 8 |
| transferred to the control of whichever
of such boards such | 9 |
| teachers shall request with the teachers making such
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| requests proceeding in the order of those with the greatest | 11 |
| length of
continuing service with the board to those with | 12 |
| the shortest length of
continuing service with the board, | 13 |
| provided that the number selecting one
board over another | 14 |
| board or other boards shall not exceed that proportion
of | 15 |
| the school students going to such board or boards; and
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| (2) positions of such teachers in contractual | 17 |
| continued service that
were full time positions and as to | 18 |
| which there is no selection left under
subparagraph 1 | 19 |
| hereof shall be transferred to the appropriate board.
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| The contractual continued service status of any teacher | 21 |
| thereby
transferred to another district is not lost and the | 22 |
| receiving board is
subject to the School Code with respect to | 23 |
| such transferred teacher in the
same manner as if such teacher | 24 |
| was the district's employee during the time
such teacher was | 25 |
| actually employed by the board of the deactivating
district | 26 |
| from which the position was transferred.
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| When the deactivation of school facilities becomes | 2 |
| effective pursuant to this Section, the provisions of | 3 |
| subsection (b) of Section 10-23.5 of this Code relative to the | 4 |
| transfer of educational support personnel employees shall | 5 |
| apply, and the positions at the school facilities being | 6 |
| deactivated that are held by educational support personnel | 7 |
| employees at the time of the deactivation shall be transferred | 8 |
| to the control of the board or boards that will be receiving | 9 |
| the district's students on the following basis: | 10 |
| (A) positions of such educational support personnel | 11 |
| employees that were full-time positions shall be | 12 |
| transferred to the control of whichever of the boards the | 13 |
| employees request, with the educational support personnel | 14 |
| employees making these requests proceeding in the order of | 15 |
| those with the greatest length of continuing service with | 16 |
| the board to those with the shortest length of continuing | 17 |
| service with the board, provided that the number selecting | 18 |
| one board over another board or other boards must not | 19 |
| exceed that proportion of students going to such board or | 20 |
| boards; and | 21 |
| (B) positions of such educational support personnel | 22 |
| employees that were full-time positions and as to which | 23 |
| there is no selection left under subdivision (A) shall be | 24 |
| transferred to the appropriate board. | 25 |
| The length of continuing service of any educational support | 26 |
| personnel employee thereby transferred to another district is |
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| not lost and the receiving board is subject to this Code with | 2 |
| respect to that transferred educational support personnel | 3 |
| employee in the same manner as if the educational support | 4 |
| personnel employee was the district's employee during the time | 5 |
| the educational support personnel employee was actually | 6 |
| employed by the board of the deactivating district from which | 7 |
| the position was transferred.
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| (b) The provisions of this subsection shall not apply to | 9 |
| the
reactivation of a high school facility which is deactivated | 10 |
| under
subsection (c). The sending district may, with the | 11 |
| approval
of the voters in the district, reactivate the
school | 12 |
| facility which was
deactivated. The board of the district | 13 |
| seeking to reactivate the school
facility shall, by proper | 14 |
| resolution, cause the proposition to reactivate to be
submitted | 15 |
| to the voters of the district at a regularly scheduled | 16 |
| election.
Notice shall be published at least 10 days prior to | 17 |
| the date of the election at
least once in one or more | 18 |
| newspapers published in the district or, if no
newspaper is | 19 |
| published in the district, in one or more newspapers with a
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| general circulation within the district. The notice shall be | 21 |
| substantially in
the following form:
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| NOTICE OF REFERENDUM TO
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| REACTIVATE THE ...... SCHOOL FACILITY
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| IN SCHOOL DISTRICT NO. ......
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| Notice is hereby given that on (insert date), a referendum | 26 |
| will be held in ...... County (Counties) for the purpose
of |
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| voting for or against the proposition to reactivate the ..... | 2 |
| School
facility in School District No. ..... and to discontinue | 3 |
| sending pupils of
School District No. ...... to School | 4 |
| District(s) No. .....
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| The polls will be opened at ... o'clock .. m., and closed | 6 |
| at ... o'clock ..
m. of the same day.
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| A............. B............
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| Dated (insert date).
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| Regional Superintendent of Schools
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| The proposition shall be in substantially the following form:
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| -------------------------------------------------------------
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| Shall the Board
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| of Education of School YES
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| District No. ......,
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| ...... County, Illinois,
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| be authorized to -------------------
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| reactivate the .... School
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| facility and to discontinue sending
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| pupils of School District No. .... NO
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| to School District(s) No. ......?
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| -------------------------------------------------------------
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| (c) The school board of any unit school district which | 23 |
| experienced a
strike by a majority of its certified employees | 24 |
| that endured for over 6
months during the regular school term | 25 |
| of the 1986-1987 school year, and
which during the ensuing |
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| 1987-1988 school year had an enrollment in grades 9
through 12 | 2 |
| of less than 125 students may, when in its judgment the
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| interests of the district and of the students therein will be | 4 |
| best served
thereby, deactivate the high school facilities | 5 |
| within the district for the
regular term of the 1988-1989 | 6 |
| school year and, for that school year only,
send the students | 7 |
| of such high school in grades 9 through 12 to schools in
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| adjoining or adjacent districts. Such action may only be taken: | 9 |
| (a) by
proper resolution of the school board deactivating its | 10 |
| high school
facilities and the approval, by proper resolution, | 11 |
| of the school board of
the receiving district or districts, and | 12 |
| (b) pursuant to a contract between
the sending and each | 13 |
| receiving district, which contract or contracts: (i)
shall | 14 |
| provide for the reassignment of all students of the deactivated | 15 |
| high
school in grades 9 through 12 to the receiving district or | 16 |
| districts; (ii)
shall apply only to the regular school term of | 17 |
| the 1988-1989 school year;
(iii) shall not be subject to | 18 |
| renewal or extension; and (iv) shall require
the sending | 19 |
| district to pay to the receiving district the cost of educating
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| each student who is reassigned to the receiving district, such | 21 |
| costs to be
an amount agreed upon by the sending and receiving | 22 |
| district but not less
than the per capita cost of maintaining | 23 |
| the high school in the receiving
district during the 1987-1988 | 24 |
| school year. Any high school facility
deactivated pursuant to | 25 |
| this subsection for the regular school term of the
1988-1989 | 26 |
| school year shall be reactivated by operation of law as of the
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| end of the regular term of the 1988-1989 school year. The | 2 |
| status as a unit
school district of a district which | 3 |
| deactivates its high school facilities
pursuant to this | 4 |
| subsection shall not be affected by reason of such
deactivation | 5 |
| of its high school facilities and such district shall continue
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| to be deemed in law a school district maintaining grades | 7 |
| kindergarten
through 12 for all purposes relating to the levy, | 8 |
| extension, collection and
payment of the taxes of the district | 9 |
| under Article 17 for the 1988-1989
school year.
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| (d) Whenever a school facility is reactivated pursuant
to | 11 |
| the provisions of this Section, then all teachers in | 12 |
| contractual
continued service who were honorably dismissed or | 13 |
| transferred as part of
the deactivation process, in addition to | 14 |
| other rights they may have under
the School Code, shall be | 15 |
| recalled or transferred back to the original
district.
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| (Source: P.A. 94-213, eff. 7-14-05.)
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| (105 ILCS 5/10-23.5) (from Ch. 122, par. 10-23.5)
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| Sec. 10-23.5. Educational support personnel employees. | 19 |
| (a) To employ such
educational support personnel employees | 20 |
| as it deems advisable and to define
their employment duties; | 21 |
| provided that residency within any school district
shall not be | 22 |
| considered in determining the employment or the compensation of
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| any such employee, or whether to retain, promote, assign or | 24 |
| transfer such
employee. If an educational support personnel | 25 |
| employee is removed or dismissed
as a result of a decision of |
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| the school board (i) to decrease the number of
educational | 2 |
| support personnel employees employed by the board or (ii) to | 3 |
| discontinue
some particular type of educational support | 4 |
| service, written notice shall be
mailed to the employee and | 5 |
| also given the employee either by certified mail,
return | 6 |
| receipt requested or personal delivery with receipt at least 30 | 7 |
| days before the employee is removed or dismissed, together with | 8 |
| a statement of honorable dismissal and the reason
therefor. The | 9 |
| employee with the shorter length of continuing service with the
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| district, within the respective category of position, shall be | 11 |
| dismissed first
unless an alternative method of determining the | 12 |
| sequence of dismissal is
established in a collective bargaining | 13 |
| agreement or contract between the
board and any exclusive | 14 |
| bargaining agent and except that this provision shall
not | 15 |
| impair the operation of any affirmative action program in the | 16 |
| district,
regardless of whether it exists by operation of law | 17 |
| or is conducted on a
voluntary basis by the board. If the board | 18 |
| has any vacancies for the following
school term or within one | 19 |
| calendar year from the beginning of the following
school term, | 20 |
| the positions thereby becoming available within a specific
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| category of position shall be tendered to the employees so | 22 |
| removed or dismissed
from that category of position, so far as | 23 |
| they are qualified to hold such
positions. Each board shall, in | 24 |
| consultation with any exclusive employee
representative or | 25 |
| bargaining agent, each year establish a list, categorized
by | 26 |
| positions, showing the length of continuing service of each |
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| full time
educational support personnel employee who is | 2 |
| qualified to hold any such
positions, unless an alternative | 3 |
| method of determining a sequence of dismissal
is established as
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| provided for in this Section, in which case a list shall be | 5 |
| made in
accordance with the alternative method. Copies of the | 6 |
| list shall be
distributed to the exclusive employee | 7 |
| representative or bargaining agent on
or before February 1 of | 8 |
| each year. Where an educational support personnel
employee is | 9 |
| dismissed by the board as a result of a
decrease in the number | 10 |
| of employees or the discontinuance of the employee's
job, the | 11 |
| employee shall be paid all earned compensation on or before the
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| third business day following his or her last day of employment.
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| The provisions of this amendatory Act of 1986 relating to | 14 |
| residency
within any school district shall not apply to cities | 15 |
| having a population
exceeding 500,000 inhabitants.
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| (b) In the case of a new school district or districts | 17 |
| formed in accordance with Article 11E of this Code, a school | 18 |
| district or districts that annex all of the territory of one or | 19 |
| more entire other school districts in accordance with Article 7 | 20 |
| of this Code, or a school district receiving students from a | 21 |
| deactivated school facility in accordance with Section | 22 |
| 10-22.22b of this Code, the employment of educational support | 23 |
| personnel in the new, annexing, or receiving school district | 24 |
| immediately following the reorganization shall be governed by | 25 |
| this subsection (b). Lists of the educational support personnel | 26 |
| employed in the individual districts for the school year |
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| immediately prior to the effective date of the new district or | 2 |
| districts, annexation, or deactivation shall be combined for | 3 |
| the districts forming the new district or districts, for the | 4 |
| annexed and annexing districts, or for the deactivating and | 5 |
| receiving districts, as the case may be. The combined list | 6 |
| shall be categorized by positions, showing the length of | 7 |
| continuing service of each full-time educational support | 8 |
| personnel employee who is qualified to hold any such position. | 9 |
| If there are more full-time educational support personnel | 10 |
| employees on the combined list than there are available | 11 |
| positions in the new, annexing, or receiving school district, | 12 |
| then the employing school board shall first remove or dismiss | 13 |
| those educational support personnel employees with the shorter | 14 |
| length of continuing service within the respective category of | 15 |
| position, following the procedures outlined in subsection (a) | 16 |
| of this Section. The employment and position of each | 17 |
| educational support personnel employee on the combined list not | 18 |
| so removed or dismissed shall be transferred to the new, | 19 |
| annexing, or receiving school board, and the new, annexing, or | 20 |
| receiving school board is subject to this Code with respect to | 21 |
| any educational support personnel employee so transferred as if | 22 |
| the educational support personnel employee had been the new, | 23 |
| annexing, or receiving board's employee during the time the | 24 |
| educational support personnel employee was actually employed | 25 |
| by the school board of the district from which the employment | 26 |
| and position were transferred. |
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| The changes made by this amendatory Act of the 95th General | 2 |
| Assembly shall not apply to the formation of a new district or | 3 |
| districts in accordance with Article 11E of this Code, the | 4 |
| annexation of one or more entire districts in accordance with | 5 |
| Article 7 of this Code, or the deactivation of a school | 6 |
| facility in accordance with Section 10-22.22b of this Code | 7 |
| effective on or before July 1, 2007.
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| (Source: P.A. 89-618, eff. 8-9-96; 90-548, eff. 1-1-98.)
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| (105 ILCS 5/11E-110) | 10 |
| Sec. 11E-110. Teachers in contractual continued service ; | 11 |
| educational support personnel employees . | 12 |
| (a) When a school district conversion or multi-unit | 13 |
| conversion becomes effective for purposes of administration | 14 |
| and attendance, as determined pursuant to Section 11E-70 of | 15 |
| this Code, the provisions of Section 24-12 of this Code | 16 |
| relative to the contractual continued service status of | 17 |
| teachers having contractual continued service whose positions | 18 |
| are transferred from one school board to the control of a new | 19 |
| or different school board shall apply, and the positions held | 20 |
| by teachers, as that term is defined in Section 24-11 of this | 21 |
| Code, having contractual continued service with the unit | 22 |
| district at the time of its dissolution shall be transferred on | 23 |
| the following basis: | 24 |
| (1) positions of teachers in contractual continued | 25 |
| service that, during the 5 school years immediately |
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| preceding the effective date of the change, as determined | 2 |
| under Section 11E-70 of this Code, were full-time positions | 3 |
| in which all of the time required of the position was spent | 4 |
| in one or more of grades 9 through 12 shall be transferred | 5 |
| to the control of the school board of the new high school | 6 |
| district or combined high school - unit district, as the | 7 |
| case may be; | 8 |
| (2) positions of teachers in contractual continued | 9 |
| service that, during the 5 school years immediately | 10 |
| preceding the effective date of the change, as determined | 11 |
| under Section 11E-70 of this Code, were full-time positions | 12 |
| in which all of the time required of the position was spent | 13 |
| in one or more of grades kindergarten through 8 shall be | 14 |
| transferred to the control of the school board of the newly | 15 |
| created successor elementary district; and | 16 |
| (3) positions of teachers in contractual continued | 17 |
| service that were full-time positions not required to be | 18 |
| transferred to the control of the school board of the new | 19 |
| high school district or combined high school - unit | 20 |
| district, as the case may be,
or the school board of the | 21 |
| newly created successor elementary district under the | 22 |
| provisions of subdivision (1) or (2) of this subsection (a) | 23 |
| shall be transferred to the control of whichever of the | 24 |
| boards the teacher shall request. | 25 |
| (4) With respect to each position to be transferred under | 26 |
| the provisions of this subsection (a), the amount of time |
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| required of each position to be spent in one or more of grades | 2 |
| kindergarten through 8 and 9 through 12 shall be determined | 3 |
| with reference to the applicable records of the unit district | 4 |
| being dissolved pursuant to stipulation of the school board of | 5 |
| the unit district prior to the effective date of its | 6 |
| dissolution or thereafter of the school board of the newly | 7 |
| created districts and with the approval in either case of the | 8 |
| regional superintendent of schools of the educational service | 9 |
| region in which the territory described in the petition filed | 10 |
| under this Article or the greater percentage of equalized | 11 |
| assessed evaluation of the territory is situated; however, if | 12 |
| no such stipulation can be agreed upon, the regional | 13 |
| superintendent of schools, after hearing any additional | 14 |
| relevant and material evidence that any school board desires to | 15 |
| submit, shall make the determination. | 16 |
| (a-5) 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 (b) of Section 10-23.5 | 20 |
| of this Code relative to the transfer of educational support | 21 |
| personnel employees shall apply, and the positions held by | 22 |
| educational support personnel employees shall be transferred | 23 |
| on the following basis: | 24 |
| (1) positions of educational support personnel | 25 |
| employees that, during the 5 school years immediately | 26 |
| preceding the effective date of the change, as determined |
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| under Section 11E-70 of this Code, were full-time positions | 2 |
| in which all of the time required of the position was spent | 3 |
| in one or more of grades 9 through 12 shall be transferred | 4 |
| to the control of the school board of the new high school | 5 |
| district or combined high school - unit district, as the | 6 |
| case may be; | 7 |
| (2) positions of educational support personnel | 8 |
| employees that, during the 5 school years immediately | 9 |
| preceding the effective date of the change, as determined | 10 |
| under Section 11E-70 of this Code, were full-time positions | 11 |
| in which all of the time required of the position was spent | 12 |
| in one or more of grades kindergarten through 8 shall be | 13 |
| transferred to the control of the school board of the newly | 14 |
| created successor elementary district; and | 15 |
| (3) positions of educational support personnel | 16 |
| employees that were full-time positions not required to be | 17 |
| transferred to the control of the school board of the new | 18 |
| high school district or combined high school - unit | 19 |
| district, as the case may be, or the school board of the | 20 |
| newly created successor elementary district under | 21 |
| subdivision (1) or (2) of this subsection (a-5) shall be | 22 |
| transferred to the control of whichever of the boards the | 23 |
| educational support personnel employee requests. | 24 |
| With respect to each position to be transferred under this | 25 |
| subsection (a-5), the amount of time required of each position | 26 |
| to be spent in one or more of grades kindergarten through 8 and |
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| 9 through 12 shall be determined with reference to the | 2 |
| applicable records of the unit district being dissolved | 3 |
| pursuant to stipulation of the school board of the unit | 4 |
| district prior to the effective date of its dissolution or | 5 |
| thereafter of the school board of the newly created districts | 6 |
| and with the approval in either case of the regional | 7 |
| superintendent of schools of the educational service region in | 8 |
| which the territory described in the petition filed under this | 9 |
| Article or the greater percentage of equalized assessed | 10 |
| evaluation of the territory is situated; however, if no such | 11 |
| stipulation can be agreed upon, the regional superintendent of | 12 |
| schools, after hearing any additional relevant and material | 13 |
| evidence that any school board desires to submit, shall make | 14 |
| the determination.
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| (b) When the creation of a unit district or a combined | 16 |
| school district becomes effective for purposes of | 17 |
| administration and attendance, as determined pursuant to | 18 |
| Section 11E-70 of this Code, the positions of teachers in | 19 |
| contractual continued service in the districts involved in the | 20 |
| creation of the new district are transferred to the newly | 21 |
| created district pursuant to the provisions of Section 24-12 of | 22 |
| this Code relative to teachers having contractual continued | 23 |
| service status whose positions are transferred from one board | 24 |
| to the control of a different board, and those provisions of | 25 |
| Section 24-12 shall apply to these transferred teachers. The | 26 |
| contractual continued service status of any teacher thereby |
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LRB095 08702 NHT 31613 b |
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| 1 |
| transferred to the newly created district is not lost and the | 2 |
| new school board is subject to this Code with respect to the | 3 |
| transferred teacher in the same manner as if the teacher was | 4 |
| that district's employee and had been its employee during the | 5 |
| time the teacher was actually employed by the school board of | 6 |
| the district from which the position was transferred.
| 7 |
| (c) When the creation of a unit district or a combined | 8 |
| school district becomes effective for purposes of | 9 |
| administration and attendance, as determined pursuant to | 10 |
| Section 11E-70 of this Code, the positions of educational | 11 |
| support personnel employees in the districts involved in the | 12 |
| creation of the new district shall be transferred to the newly | 13 |
| created district pursuant to subsection (b) of Section 10-23.5 | 14 |
| of this Code. The length of continuing service of any | 15 |
| educational support personnel employee thereby transferred to | 16 |
| the newly created district is not lost and the new school board | 17 |
| is subject to this Code with respect to the transferred | 18 |
| educational support personnel employee in the same manner as if | 19 |
| the educational support personnel employee had been that | 20 |
| district's employee during the time the educational support | 21 |
| personnel employee was actually employed by the school board of | 22 |
| the district from which the position was transferred.
| 23 |
| (Source: P.A. 94-1019, eff. 7-10-06; revised 8-23-06.) | 24 |
| Section 90. The State Mandates Act is amended by adding | 25 |
| Section 8.31 as follows: |
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LRB095 08702 NHT 31613 b |
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| 1 |
| (30 ILCS 805/8.31 new) | 2 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 3 |
| of this Act, no reimbursement by the State is required for the | 4 |
| implementation of any mandate created by this amendatory Act of | 5 |
| the 95th General Assembly.
| 6 |
| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
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