Full Text of HB6044 99th General Assembly
HB6044enr 99TH GENERAL ASSEMBLY |
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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 | | 2-3.25a, 7-2a, 7-14A, 10-22.22b, 10-22.22c, 10-22.22d, | 6 | | 11E-110, 18-12, and 21B-30 as follows:
| 7 | | (105 ILCS 5/2-3.25a) (from Ch. 122, par. 2-3.25a)
| 8 | | Sec. 2-3.25a. "School district" defined; additional | 9 | | standards.
| 10 | | (a) For the purposes of this Section and Sections 3.25b, | 11 | | 3.25c,
3.25d, 3.25e, and 3.25f of this Code, "school district" | 12 | | includes other
public entities responsible for administering | 13 | | public schools, such as
cooperatives, joint agreements, | 14 | | charter schools, special charter districts,
regional offices | 15 | | of
education, local agencies, and the Department of Human | 16 | | Services.
| 17 | | (b) In addition to the standards
established pursuant to | 18 | | Section 2-3.25, the State Board of Education shall
develop | 19 | | recognition standards for student performance and school
| 20 | | improvement for all
school districts and their individual | 21 | | schools, which must be an outcomes-based, balanced | 22 | | accountability measure. The State Board of Education is | 23 | | prohibited from having separate performance standards for |
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| 1 | | students based on race or ethnicity.
| 2 | | Subject to the availability of federal, State, public, or | 3 | | private funds, the balanced accountability measure must be | 4 | | designed to focus on 2 components, student performance and | 5 | | professional practice. The student performance component shall | 6 | | count for 30% of the total balanced accountability measure, and | 7 | | the professional practice component shall count for 70% of the | 8 | | total balanced accountability measure. The student performance | 9 | | component shall focus on student outcomes and closing the | 10 | | achievement gaps within each school district and its individual | 11 | | schools using a Multiple Measure Index and Annual Measurable | 12 | | Objectives, as set forth in Section 2-3.25d of this Code. The | 13 | | professional practice component shall focus on the degree to | 14 | | which a school district, as well as its individual schools, is | 15 | | implementing evidence-based, best professional practices and | 16 | | exhibiting continued improvement. Beginning with the 2015-2016 | 17 | | school year, the balanced accountability measure shall consist | 18 | | of only the student performance component, which shall account | 19 | | for 100% of the total balanced accountability measure. From the | 20 | | 2017-2018 2016-2017 school year through the 2022-2023 | 21 | | 2021-2022 school year, the State Board of Education and a | 22 | | Balanced Accountability Measure Committee shall identify a | 23 | | number of school districts per the designated school years to | 24 | | begin implementing the balanced accountability measure, which | 25 | | includes both the student performance and professional | 26 | | practice components. By the 2022-2023 2021-2022 school year, |
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| 1 | | all school districts must be implementing the balanced | 2 | | accountability measure, which includes both components. The | 3 | | Balanced Accountability Measure Committee shall consist of the | 4 | | following individuals: a representative of a statewide | 5 | | association representing regional superintendents of schools, | 6 | | a representative of a statewide association representing | 7 | | principals, a representative of an association representing | 8 | | principals in a city having a population exceeding 500,000, a | 9 | | representative of a statewide association representing school | 10 | | administrators, a representative of a statewide professional | 11 | | teachers' organization, a representative of a different | 12 | | statewide professional teachers' organization, an additional | 13 | | representative from either statewide professional teachers' | 14 | | organization, a representative of a professional teachers' | 15 | | organization in a city having a population exceeding 500,000, a | 16 | | representative of a statewide association representing school | 17 | | boards, and a representative of a school district organized | 18 | | under Article 34 of this Code. The head of each association or | 19 | | entity listed in this paragraph shall appoint its respective | 20 | | representative. The State Superintendent of Education, in | 21 | | consultation with the Committee, may appoint no more than 2 | 22 | | additional individuals to the Committee, which individuals | 23 | | shall serve in an advisory role and must not have voting or | 24 | | other decision-making rights. The Committee is abolished on | 25 | | June 1, 2023 2022 . | 26 | | Using a Multiple Measure Index consistent with subsection |
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| 1 | | (a) of Section 2-3.25d of this Code, the student performance | 2 | | component shall consist of the following subcategories, each of | 3 | | which must be valued at 10%: | 4 | | (1) achievement status; | 5 | | (2) achievement growth; and | 6 | | (3) Annual Measurable Objectives, as set forth in | 7 | | subsection (b) of Section 2-3.25d of this Code. | 8 | | Achievement status shall measure and assess college and career | 9 | | readiness, as well as the graduation rate. Achievement growth | 10 | | shall measure the school district's and its individual schools' | 11 | | student growth via this State's growth value tables. Annual | 12 | | Measurable Objectives shall measure the degree to which school | 13 | | districts, as well as their individual schools, are closing | 14 | | their achievement gaps among their student population and | 15 | | subgroups. | 16 | | The professional practice component shall consist of the | 17 | | following subcategories: | 18 | | (A) compliance; | 19 | | (B) evidence-based best practices; and | 20 | | (C) contextual improvement. | 21 | | Compliance, which shall count for 10%, shall measure the degree | 22 | | to which a school district and its individual schools meet the | 23 | | current State compliance requirements. Evidence-based best | 24 | | practices, which shall count for 30%, shall measure the degree | 25 | | to which school districts and their individual schools are | 26 | | adhering to a set of evidence-based quality standards and best |
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| 1 | | practice for effective schools that include (i) continuous | 2 | | improvement, (ii) culture and climate, (iii) shared | 3 | | leadership, (iv) governance, (v) education and employee | 4 | | quality, (vi) family and community connections, and (vii) | 5 | | student and learning development and are further developed in | 6 | | consultation with the State Board of Education and the Balanced | 7 | | Accountability Measure Committee set forth in this subsection | 8 | | (b). Contextual improvement, which shall count for 30%, shall | 9 | | provide school districts and their individual schools the | 10 | | opportunity to demonstrate improved outcomes through local | 11 | | data, including without limitation school climate, unique | 12 | | characteristics, and barriers that impact the educational | 13 | | environment and hinder the development and implementation of | 14 | | action plans to address areas of school district and individual | 15 | | school improvement. Each school district, in good faith | 16 | | cooperation with its teachers or, where applicable, the | 17 | | exclusive bargaining representatives of its teachers, shall | 18 | | develop 2 measurable objectives to demonstrate contextual | 19 | | improvement, each of which must be equally weighted. Each | 20 | | school district shall begin such good faith cooperative | 21 | | development of these objectives no later than 6 months prior to | 22 | | the beginning of the school year in which the school district | 23 | | is to implement the professional practice component of the | 24 | | balanced accountability measure. The professional practice | 25 | | component must be scored using trained peer review teams that | 26 | | observe and verify school district practices using an |
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| 1 | | evidence-based framework. | 2 | | The balanced accountability measure shall combine the | 3 | | student performance and professional practice components into | 4 | | one summative score based on 100 points at the school district | 5 | | and individual-school level. A school district shall be | 6 | | designated as "Exceeds Standards - Exemplar" if the overall | 7 | | score is 100 to 90, "Meets Standards - Proficient" if the | 8 | | overall score is 89 to 75, "Approaching Standards - Needs | 9 | | Improvement" if the overall score is 74 to 60, and "Below | 10 | | Standards - Unsatisfactory" if the overall score is 59 to 0. | 11 | | The balanced accountability measure shall also detail both | 12 | | incentives that reward school districts for continued improved | 13 | | performance, as provided in Section 2-3.25c of this Code, and | 14 | | consequences for school districts that fail to provide evidence | 15 | | of continued improved performance, which may include | 16 | | presentation of a barrier analysis, additional school board and | 17 | | administrator training, or additional State assistance. Based | 18 | | on its summative score, a school district may be exempt from | 19 | | the balanced accountability measure for one or more school | 20 | | years. The State Board of Education, in collaboration with the | 21 | | Balanced Accountability Measure Committee set forth in this | 22 | | subsection (b), shall adopt rules that further implementation | 23 | | in accordance with the requirements of this Section. | 24 | | (Source: P.A. 99-84, eff. 1-1-16; 99-193, eff. 7-30-15; revised | 25 | | 10-9-15.)
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| 1 | | (105 ILCS 5/7-2a) (from Ch. 122, par. 7-2a)
| 2 | | Sec. 7-2a.
(a) Except as provided in subsection (b) of this
| 3 | | Section, any petition for dissolution filed under this Article | 4 | | must
specify the school district or districts to which all of | 5 | | the territory
of the district proposed to be dissolved
will be | 6 | | annexed. Any petition for dissolution may be made by the board | 7 | | of
education of the district or a majority of the legal voters | 8 | | residing in
the district proposed to be dissolved. No petition | 9 | | from any other
district affected by the proposed dissolution | 10 | | shall be required.
| 11 | | (b) Any school district with a population of less than | 12 | | 5,000 residents or an enrollment of less than 750 students, as | 13 | | determined by the district's current fall housing report filed | 14 | | with the State Board of Education,
shall be dissolved and its | 15 | | territory annexed as provided in Section 7-11 by
the regional | 16 | | board of school trustees upon the filing with the regional
| 17 | | board of school trustees of a petition adopted by resolution of | 18 | | the board of
education or a petition signed by a majority of | 19 | | the registered voters of
the district seeking such dissolution. | 20 | | No petition shall be adopted or
signed under this subsection | 21 | | until the board of education or the
petitioners, as the case | 22 | | may be, shall have given at least 10 days' notice
to be | 23 | | published once in a newspaper having general circulation in the
| 24 | | district and shall have conducted a public informational | 25 | | meeting to inform
the residents of the district of the proposed | 26 | | dissolution and to answer
questions concerning the proposed |
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| 1 | | dissolution. The petition shall be filed with
and decided | 2 | | solely by the regional board of school trustees of the region
| 3 | | in which the regional superintendent of schools has supervision | 4 | | of the
school district being dissolved. The regional board of | 5 | | school trustees
shall not act on a petition filed by a board of | 6 | | education if within 45 days
after giving notice of the hearing | 7 | | required under Section 7-11 a petition
in opposition to the | 8 | | petition of the board to dissolve, signed by a
majority of the | 9 | | registered voters of the district, is filed with the
regional | 10 | | board of school trustees. The regional board of school trustees
| 11 | | shall have no authority to deny dissolution requested in a | 12 | | proper petition
for dissolution filed under this subsection | 13 | | (b), but shall exercise its
discretion in accordance with | 14 | | Section 7-11 on the issue of annexing the
territory of a | 15 | | district being dissolved, giving consideration to but not
being | 16 | | bound by the wishes expressed by the residents of
the various | 17 | | school districts that may be affected by such annexation.
| 18 | | When dissolution and annexation become effective for | 19 | | purposes of
administration and attendance as determined | 20 | | pursuant to Section 7-11,
the positions of teachers
in | 21 | | contractual continued service in the district being dissolved | 22 | | are
transferred to an
annexing district or to annexing | 23 | | districts pursuant to the provisions of subsection (h) of | 24 | | Section 24-11 of this Code
Section 24-12 relative to teachers | 25 | | having contractual continued service
status whose positions | 26 | | are transferred from one board to the control of a
different |
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| 1 | | board, and those said provisions of subsection (h) of Section | 2 | | 24-11 of this Code Section 24-12 shall apply to
said | 3 | | transferred teachers. In the event that the territory is added | 4 | | to 2
or more districts, the decision on which positions shall | 5 | | be transferred to
which annexing districts shall be made giving | 6 | | consideration to the
proportionate percent of pupils | 7 | | transferred and the annexing districts'
staffing needs, and the | 8 | | transfer of specific individuals into such positions
shall be | 9 | | based upon the request of those teachers in order of seniority | 10 | | in
the dissolving district. The contractual continued service | 11 | | status of any
teacher thereby transferred to an annexing | 12 | | district is not lost and the
different board is subject to this | 13 | | Act with respect to such transferred
teacher in the same manner | 14 | | as if such teacher was that district's employee
and had been | 15 | | its employee during the time such teacher was actually
employed | 16 | | by the board of the dissolving district from which the position
| 17 | | was transferred.
| 18 | | (Source: P.A. 98-125, eff. 8-2-13.)
| 19 | | (105 ILCS 5/7-14A) (from Ch. 122, par. 7-14A)
| 20 | | Sec. 7-14A. Annexation Compensation. There shall be no | 21 | | accounting
made after a mere change in boundaries when no new | 22 | | district is created, except that those districts whose | 23 | | enrollment increases by 90% or more as a result of annexing | 24 | | territory detached from another district pursuant to this | 25 | | Article are eligible for supplementary State aid payments in |
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| 1 | | accordance with Section 11E-135 of this Code. Eligible annexing | 2 | | districts shall apply to the State Board of Education for | 3 | | supplementary State aid payments by submitting enrollment | 4 | | figures for the year immediately preceding and the year | 5 | | immediately following the effective date of the boundary change | 6 | | for both the district gaining territory and the district losing | 7 | | territory. Copies of any intergovernmental agreements between | 8 | | the district gaining territory and the district losing | 9 | | territory detailing any transfer of fund balances and staff | 10 | | must also be submitted. In all instances of changes in | 11 | | boundaries,
the district losing territory shall
not count the | 12 | | average daily attendance of pupils living in the territory
| 13 | | during the year preceding the effective date of the boundary | 14 | | change in its
claim for reimbursement under Section 18-8.05 of | 15 | | this Code 18-8 for the school year following
the effective date | 16 | | of the change in boundaries and the district receiving
the | 17 | | territory shall count the average daily attendance of pupils | 18 | | living in
the territory during the year preceding the effective | 19 | | date of the boundary
change in its claim for reimbursement | 20 | | under Section 18-8.05 of this Code 18-8 for the school
year | 21 | | following the effective date of the change in boundaries. The | 22 | | changes to this Section made by this amendatory Act of the 95th | 23 | | General Assembly are intended to be retroactive and applicable | 24 | | to any annexation taking effect on or after July 1, 2004.
| 25 | | (Source: P.A. 95-707, eff. 1-11-08.)
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| 1 | | (105 ILCS 5/10-22.22b) (from Ch. 122, par. 10-22.22b)
| 2 | | Sec. 10-22.22b. (a) The provisions of this subsection shall | 3 | | not apply
to the deactivation of a high school facility under | 4 | | subsection (c). Where in
its judgment the interests of the | 5 | | district and of the students therein will be
best served, to | 6 | | deactivate any high school facility or elementary school | 7 | | facility in the district and send
the students of such high | 8 | | school in grades 9 through 12 or such elementary school in | 9 | | grades kindergarten through 8, as applicable, to schools in | 10 | | other
districts. Such action may be taken only with the | 11 | | approval of the voters in
the district and the approval, by | 12 | | proper resolution, of the school board of the
receiving | 13 | | district. The board of the district contemplating deactivation
| 14 | | shall, by proper resolution, cause the proposition
to | 15 | | deactivate the school facility to be submitted to the
voters of | 16 | | the district at a regularly scheduled election. Notice shall be
| 17 | | published at least 10 days prior to the date of the election at | 18 | | least once
in one or more newspapers published in the district | 19 | | or, if no newspaper
is published in the district, in one or | 20 | | more newspapers with a general
circulation within the district. | 21 | | The notice shall be substantially in the
following form:
| 22 | | NOTICE OF REFERENDUM TO
| 23 | | DEACTIVATE THE ... SCHOOL FACILITY
| 24 | | IN SCHOOL DISTRICT NO. ........
| 25 | | 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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| 1 | | voting for or against the proposition to deactivate the ...... | 2 | | School
facility in School District No. ...... and to send | 3 | | pupils in ...... School
to School District(s) No. .......
| 4 | | The polls will be open at .... o'clock ... m., and close at | 5 | | .... o'clock
... m. of the same day.
| 6 | | ............ | 7 | | Dated (insert date).
| 8 | | The proposition shall be in substantially the following form:
| 9 | | -------------------------------------------------------------
| 10 | | Shall the Board
| 11 | | of Education of School
| 12 | | District No. ...., YES
| 13 | | ..... County, Illinois, be
| 14 | | authorized to deactivate -------------------------
| 15 | | the .... School facility
| 16 | | and to send pupils in ....... NO
| 17 | | School to School
| 18 | | District(s) No. .....?
| 19 | | -------------------------------------------------------------
| 20 | | If the majority of those voting upon the proposition in the | 21 | | district
contemplating deactivation vote in favor of the | 22 | | proposition, the board of
that district, upon approval of the | 23 | | board of the receiving district, shall
execute a contract with | 24 | | the receiving district providing for the reassignment
of | 25 | | students to the receiving district. If the deactivating |
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| 1 | | district seeks to
send its students to more than one district, | 2 | | it shall execute a contract with
each receiving district. The | 3 | | length of the contract shall be for 2 school
years, but the | 4 | | districts may renew the contract for additional one year or 2
| 5 | | year periods. Contract renewals shall be executed by January 1 | 6 | | of the year in
which the existing contract expires. If the | 7 | | majority of those voting upon the
proposition do not vote in | 8 | | favor of the proposition, the school facility may
not be | 9 | | deactivated.
| 10 | | The sending district shall pay to the receiving district an | 11 | | amount agreed
upon by the 2 districts.
| 12 | | When the deactivation of school facilities becomes | 13 | | effective
pursuant to this Section, the provisions of | 14 | | subsection (h) of Section 24-11 of this Code Section 24-12 | 15 | | relative to the
contractual continued service status of | 16 | | teachers having contractual
continued service whose positions | 17 | | are transferred from one board to the
control of a different | 18 | | board shall apply, and the positions at the
school facilities | 19 | | being deactivated held by teachers, as that term is
defined in | 20 | | subsection (a) of Section 24-11 of this Code , having | 21 | | contractual continued service with the
school district at the | 22 | | time of the deactivation shall be transferred to the
control of | 23 | | the board or boards who shall be receiving the district's | 24 | | students on the following basis:
| 25 | | (1) positions of such teachers in contractual | 26 | | continued service that
were full time positions shall be |
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| 1 | | transferred to the control of whichever
of such boards such | 2 | | teachers shall request with the teachers making such
| 3 | | requests proceeding in the order of those with the greatest | 4 | | length of
continuing service with the board to those with | 5 | | the shortest length of
continuing service with the board, | 6 | | provided that the number selecting one
board over another | 7 | | board or other boards shall not exceed that proportion
of | 8 | | the school students going to such board or boards; and
| 9 | | (2) positions of such teachers in contractual | 10 | | continued service that
were full time positions and as to | 11 | | which there is no selection left under
subparagraph 1 | 12 | | hereof shall be transferred to the appropriate board.
| 13 | | The contractual continued service status of any teacher | 14 | | thereby
transferred to another district is not lost and the | 15 | | receiving board is
subject to the School Code with respect to | 16 | | such transferred teacher in the
same manner as if such teacher | 17 | | was the district's employee during the time
such teacher was | 18 | | actually employed by the board of the deactivating
district | 19 | | from which the position was transferred.
| 20 | | When the deactivation of school facilities becomes | 21 | | effective pursuant to this Section, the provisions of | 22 | | subsection (b) of Section 10-23.5 of this Code relative to the | 23 | | transfer of educational support personnel employees shall | 24 | | apply, and the positions at the school facilities being | 25 | | deactivated that are held by educational support personnel | 26 | | employees at the time of the deactivation shall be transferred |
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| 1 | | to the control of the board or boards that will be receiving | 2 | | the district's students on the following basis: | 3 | | (A) positions of such educational support personnel | 4 | | employees that were full-time positions shall be | 5 | | transferred to the control of whichever of the boards the | 6 | | employees request, with the educational support personnel | 7 | | employees making these requests proceeding in the order of | 8 | | those with the greatest length of continuing service with | 9 | | the board to those with the shortest length of continuing | 10 | | service with the board, provided that the number selecting | 11 | | one board over another board or other boards must not | 12 | | exceed that proportion of students going to such board or | 13 | | boards; and | 14 | | (B) positions of such educational support personnel | 15 | | employees that were full-time positions and as to which | 16 | | there is no selection left under subdivision (A) shall be | 17 | | transferred to the appropriate board. | 18 | | The length of continuing service of any educational support | 19 | | personnel employee thereby transferred to another district is | 20 | | not lost and the receiving board is subject to this Code with | 21 | | respect to that transferred educational support personnel | 22 | | employee in the same manner as if the educational support | 23 | | personnel employee was the district's employee during the time | 24 | | the educational support personnel employee was actually | 25 | | employed by the board of the deactivating district from which | 26 | | the position was transferred.
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| 1 | | (b) The provisions of this subsection shall not apply to | 2 | | the
reactivation of a high school facility which is deactivated | 3 | | under
subsection (c). The sending district may, with the | 4 | | approval
of the voters in the district, reactivate the
school | 5 | | facility which was
deactivated. The board of the district | 6 | | seeking to reactivate the school
facility shall, by proper | 7 | | resolution, cause the proposition to reactivate to be
submitted | 8 | | to the voters of the district at a regularly scheduled | 9 | | election.
Notice shall be published at least 10 days prior to | 10 | | the date of the election at
least once in one or more | 11 | | newspapers published in the district or, if no
newspaper is | 12 | | published in the district, in one or more newspapers with a
| 13 | | general circulation within the district. The notice shall be | 14 | | substantially in
the following form:
| 15 | | NOTICE OF REFERENDUM TO
| 16 | | REACTIVATE THE ...... SCHOOL FACILITY
| 17 | | IN SCHOOL DISTRICT NO. ......
| 18 | | Notice is hereby given that on (insert date), a referendum | 19 | | will be held in ...... County (Counties) for the purpose
of | 20 | | voting for or against the proposition to reactivate the ..... | 21 | | School
facility in School District No. ..... and to discontinue | 22 | | sending pupils of
School District No. ...... to School | 23 | | District(s) No. .....
| 24 | | The polls will be opened at ... o'clock .. m., and closed | 25 | | at ... o'clock ..
m. of the same day.
| 26 | | ............ |
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| 1 | | Dated (insert date).
| 2 | | The proposition shall be in substantially the following form:
| 3 | | -------------------------------------------------------------
| 4 | | Shall the Board
| 5 | | of Education of School YES
| 6 | | District No. ......,
| 7 | | ...... County, Illinois,
| 8 | | be authorized to -------------------
| 9 | | reactivate the .... School
| 10 | | facility and to discontinue sending
| 11 | | pupils of School District No. .... NO
| 12 | | to School District(s) No. ......?
| 13 | | -------------------------------------------------------------
| 14 | | (c) The school board of any unit school district which | 15 | | experienced a
strike by a majority of its certified employees | 16 | | that endured for over 6
months during the regular school term | 17 | | of the 1986-1987 school year, and
which during the ensuing | 18 | | 1987-1988 school year had an enrollment in grades 9
through 12 | 19 | | of less than 125 students may, when in its judgment the
| 20 | | interests of the district and of the students therein will be | 21 | | best served
thereby, deactivate the high school facilities | 22 | | within the district for the
regular term of the 1988-1989 | 23 | | school year and, for that school year only,
send the students | 24 | | of such high school in grades 9 through 12 to schools in
| 25 | | adjoining or adjacent districts. Such action may only be taken: |
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| 1 | | (a) by
proper resolution of the school board deactivating its | 2 | | high school
facilities and the approval, by proper resolution, | 3 | | of the school board of
the receiving district or districts, and | 4 | | (b) pursuant to a contract between
the sending and each | 5 | | receiving district, which contract or contracts: (i)
shall | 6 | | provide for the reassignment of all students of the deactivated | 7 | | high
school in grades 9 through 12 to the receiving district or | 8 | | districts; (ii)
shall apply only to the regular school term of | 9 | | the 1988-1989 school year;
(iii) shall not be subject to | 10 | | renewal or extension; and (iv) shall require
the sending | 11 | | district to pay to the receiving district the cost of educating
| 12 | | each student who is reassigned to the receiving district, such | 13 | | costs to be
an amount agreed upon by the sending and receiving | 14 | | district but not less
than the per capita cost of maintaining | 15 | | the high school in the receiving
district during the 1987-1988 | 16 | | school year. Any high school facility
deactivated pursuant to | 17 | | this subsection for the regular school term of the
1988-1989 | 18 | | school year shall be reactivated by operation of law as of the
| 19 | | end of the regular term of the 1988-1989 school year. The | 20 | | status as a unit
school district of a district which | 21 | | deactivates its high school facilities
pursuant to this | 22 | | subsection shall not be affected by reason of such
deactivation | 23 | | of its high school facilities and such district shall continue
| 24 | | to be deemed in law a school district maintaining grades | 25 | | kindergarten
through 12 for all purposes relating to the levy, | 26 | | extension, collection and
payment of the taxes of the district |
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| 1 | | under Article 17 for the 1988-1989
school year.
| 2 | | (d) Whenever a school facility is reactivated pursuant
to | 3 | | the provisions of this Section, then all teachers in | 4 | | contractual
continued service who were honorably dismissed or | 5 | | transferred as part of
the deactivation process, in addition to | 6 | | other rights they may have under
the School Code, shall be | 7 | | recalled or transferred back to the original
district.
| 8 | | (Source: P.A. 94-213, eff. 7-14-05; 95-110, eff. 1-1-08; | 9 | | 95-148, eff. 8-14-07; 95-876, eff. 8-21-08.)
| 10 | | (105 ILCS 5/10-22.22c) (from Ch. 122, par. 10-22.22c)
| 11 | | Sec. 10-22.22c.
(a) Subject to the following provisions of | 12 | | this
Section two or more contiguous school districts each of | 13 | | which
has an enrollment in grades 9 through 12 of less than 600 | 14 | | students may,
when in their judgment the interest of the | 15 | | districts and of the students
therein will be best served, | 16 | | jointly operate one or more cooperative high
schools. Such | 17 | | action shall be taken for a minimum period of 20 school years,
| 18 | | and may be taken only with the approval of the voters of each | 19 | | district. A
district with 600 or more students enrolled in | 20 | | grades 9 through 12
may qualify for inclusion with one or more | 21 | | districts having less than 600
such students by receiving a | 22 | | size waiver from the State Board of Education
based on a | 23 | | finding that such inclusion would significantly increase the
| 24 | | educational opportunities of the district's students, and by | 25 | | meeting the
other prerequisites of this Section. The board of |
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| 1 | | each district contemplating
such joint operation shall, by | 2 | | proper resolution, cause the proposition to
enter into such | 3 | | joint operation to be submitted to the voters of the
district | 4 | | at a regularly scheduled election. Notice shall be published at
| 5 | | least 10 days prior to the date of the election at least once | 6 | | in one or
more newspapers published in the district or, if no | 7 | | newspaper is published
in the district, in one or more | 8 | | newspapers with a general circulation
within the district. The | 9 | | notice shall be substantially in the following form:
| 10 | | NOTICE OF REFERENDUM FOR SCHOOL DISTRICT
| 11 | | NO. ....... AND SCHOOL DISTRICT NO. .......
| 12 | | TO JOINTLY OPERATE (A) COOPERATIVE HIGH
| 13 | | SCHOOL (SCHOOLS)
| 14 | | Notice is hereby given that on (insert date), a referendum | 15 | | will be held in ....... County (Counties) for
the purpose of | 16 | | voting for or against the proposition for School District No.
| 17 | | ....... and School District No. ....... to jointly operate (a) | 18 | | cooperative high
school (schools).
| 19 | | The polls will be open at ....... o'clock ... m., and close | 20 | | at
....... o'clock ... m., of the same day.
| 21 | | A ........ B ........
| 22 | | Dated (insert date).
| 23 | | Regional Superintendent of Schools
| 24 | | The proposition shall be in substantially the following | 25 | | form:
|
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| 1 | | -------------------------------------------------------------
| 2 | | Shall the Board of Education of
| 3 | | School District No. ...., ..... YES
| 4 | | County (Counties), Illinois be
| 5 | | authorized to enter with
| 6 | | into an agreement with School ----------------------
| 7 | | District No. ...., .... County
| 8 | | (Counties), Illinois to jointly
| 9 | | operate (a) cooperative high NO
| 10 | | school (schools)?
| 11 | | -------------------------------------------------------------
| 12 | | If the majority of those voting on the proposition in each | 13 | | district vote
in favor of the proposition, the school boards of | 14 | | the participating
districts may, if they agree on terms, | 15 | | execute a contract for such joint
operation subject to the | 16 | | following provisions of this Section.
| 17 | | (b) The agreement for joint operation of any such | 18 | | cooperative high school shall include, but not be limited to, | 19 | | provisions for administration, staff, programs,
financing,
| 20 | | facilities, and
transportation. Such agreements
may
be | 21 | | modified, extended, or terminated by approval of each of the | 22 | | participating
districts,
provided that a district may withdraw | 23 | | from the agreement during its initial
20-year term only if the | 24 | | district is reorganizing with one or more districts
under other | 25 | | provisions of this Code. Even if 2 or more of the participating
| 26 | | district boards approve an
extension of the agreement, any |
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| 1 | | other participating district shall, upon
failure of its board | 2 | | to approve such extension, disengage from such
participation at | 3 | | the end of the then current agreement term.
| 4 | | (c) A governing board, which shall govern the operation
of | 5 | | any such
cooperative high school, shall be composed of an equal
| 6 | | number of board members from each of the participating | 7 | | districts,
except that where all participating district boards | 8 | | concur, membership
on the governing board may be apportioned to | 9 | | reflect the
number of students
in each respective district who | 10 | | attend the cooperative high school. The
membership of the | 11 | | governing board shall be not
less than 6 nor more than 10 and | 12 | | shall be set by the agreement entered into
by
the participating | 13 | | districts.
The school board of each participating district
| 14 | | shall select, from its membership, its representatives on the | 15 | | governing board.
The governing board shall prepare
and adopt a | 16 | | budget for the cooperative high school. The
governing board
| 17 | | shall
administer the cooperative high school in
accordance with | 18 | | the agreement of the districts and shall have the power to
| 19 | | hire, supervise, and terminate staff; to enter into contracts; | 20 | | to adopt
policies for the school; and to take all other actions | 21 | | necessary and proper
for the operation of the school. However, | 22 | | the governing board may not levy
taxes or incur any | 23 | | indebtedness except within the annual budget approved by the
| 24 | | participating districts.
| 25 | | (d) (Blank).
| 26 | | (e) Each participating district shall pay its per capita |
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| 1 | | cost of
educating the students residing in its district and | 2 | | attending any such
cooperative high school into the budget for | 3 | | the
maintenance
and operation of the cooperative high school.
| 4 | | The manner of determining per capita cost shall be
set | 5 | | forth in the agreement. Each district shall pay the amount owed | 6 | | the
governing board under the terms of the agreement from the | 7 | | fund that the
district would have used if the district had | 8 | | incurred the costs directly and
may levy taxes and issue bonds | 9 | | as otherwise authorized for these purposes in
order to make | 10 | | payments to the governing board.
| 11 | | (f) Additional school districts having an enrollment in | 12 | | grades 9 through
12 of less than 600 students
may be added to | 13 | | the agreement in accordance with the process described
in | 14 | | subsection (a) of this Section. In the event additional | 15 | | districts are
added, a new contract shall be executed in | 16 | | accordance with the provisions
of this Section.
| 17 | | (g) Upon formation of the cooperative high school, the | 18 | | school board of
each
participating district shall:
| 19 | | (1) confer and coordinate with each other and the
| 20 | | governing board, if the governing board is then in | 21 | | existence, as to staffing
needs for the cooperative high | 22 | | school;
| 23 | | (2) in consultation with any exclusive employee
| 24 | | representatives and the governing board, if the governing | 25 | | board is then in
existence, establish a combined list of | 26 | | teachers in all
participating districts, categorized by |
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| 1 | | positions, showing
the length of service and the | 2 | | contractual continued service
status, if any, of each | 3 | | teacher in each participating
district who is qualified to | 4 | | hold any such positions at the cooperative high
school,
and | 5 | | then distribute this list to the exclusive employee | 6 | | representatives on or
before
February
1 of the school year | 7 | | prior to the commencement of the operation
of the | 8 | | cooperative high school or within 30 days after the
date of | 9 | | the referendum election if the proposition receives a | 10 | | majority of those
voting in each district, whichever occurs | 11 | | first. This list is in addition to
and not
a substitute for | 12 | | any the list mandated by Section 24-12 of this Code; and
| 13 | | (3) transfer to the governing board of the
cooperative | 14 | | high school the employment and the position of
so many of | 15 | | the full-time or part-time
high school teachers employed by | 16 | | a participating district
as are
jointly determined by the | 17 | | school boards of the participating
districts and the | 18 | | governing board, if the governing board is then in
| 19 | | existence, to be needed
at the cooperative high school, | 20 | | provided that these teacher transfers
shall be done:
| 21 | | (A) by categories listed on the seniority list | 22 | | mentioned in subdivision
(2) of this subsection (g);
| 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 high school or within other | 10 | | assignments in the
district, a school board shall first remove | 11 | | or dismiss all teachers who
have not entered upon contractual | 12 | | continued service before
removing or dismissing any teacher who | 13 | | has entered upon
contractual continued service and who is | 14 | | legally qualified (i) to
hold a position at the cooperative | 15 | | high school planned to be
held by a teacher who has not entered | 16 | | upon contractual continued
service or (ii) to hold another | 17 | | position in the participating
district. As between teachers who | 18 | | have entered upon contractual
continued service, the teacher or | 19 | | teachers with the shorter
length of continuing service in any | 20 | | of the participating
districts shall be dismissed first. Any | 21 | | teacher
dismissed as a result of such a decrease shall be paid | 22 | | all
earned compensation on or before the third business day
| 23 | | following the last day of pupil attendance in the regular | 24 | | school
term. If the school board that has dismissed a teacher | 25 | | or the
governing board has any vacancies for the following | 26 | | school term
or within one calendar year from the beginning of |
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| 1 | | the following
school term, the positions thereby becoming | 2 | | available shall be
tendered to the teachers so removed or | 3 | | dismissed so far as they
are legally qualified to hold such | 4 | | positions. However,
if the number of honorable dismissal | 5 | | notices in all
participating districts exceeds 15% of full-time | 6 | | equivalent
positions filled by certified employees (excluding | 7 | | principals
and administrative personnel) during the preceding | 8 | | school year
in all participating districts and if the school | 9 | | board that has
dismissed a teacher or the governing board has | 10 | | any vacancies for
the following school term or within 2 | 11 | | calendar years from the
beginning of the following school term, | 12 | | the positions so
becoming available shall be tendered to the | 13 | | teachers who were so notified,
removed,
or dismissed whenever | 14 | | these teachers are legally qualified to hold such
positions.
| 15 | | The provisions of subsection (h) of Section 24-11 Section | 16 | | 24-12 of this Code concerning teachers
whose positions are | 17 | | transferred from one board to
the control of a different board | 18 | | shall apply to the teachers who are
transferred. The | 19 | | contractual continued service of any transferred teacher is
not | 20 | | lost and the governing board is subject to this Code with | 21 | | respect to the
teacher in the same manner as if the teacher had | 22 | | been the governing board's
employee during the time the teacher | 23 | | was actually employed by the board of the
district from which | 24 | | the position and the teacher's employment were transferred.
The | 25 | | time spent in
employment
with a participating district by any | 26 | | teacher who has not yet entered upon
contractual
continued |
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| 1 | | service and who is transferred to the governing board is not | 2 | | lost
when
computing the time necessary
for the teacher to enter | 3 | | upon contractual continued service, and the
governing board is
| 4 | | subject to this Code with respect to the teacher in the same | 5 | | manner as if
the teacher
had been the governing board's | 6 | | employee during the time the teacher was
actually employed
by | 7 | | the school board from which the position and the teacher's | 8 | | employment were
transferred.
| 9 | | If the cooperative high school is dissolved, any teacher | 10 | | who was transferred
from a participating district shall be | 11 | | transferred back to the district and subsection (h) of Section | 12 | | 24-11
Section 24-12 of this Code shall apply. In that
case, a | 13 | | district is subject to this Code in the same manner as if the | 14 | | teacher
transferred
back had been continuously in the service | 15 | | of the receiving district.
| 16 | | (h) Upon formation of the cooperative high school, the | 17 | | school board of
each
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 needs for educational support personnel | 21 | | for the
cooperative
high school;
| 22 | | (2) in consultation with any exclusive employee | 23 | | representative or
bargaining
agent and the governing | 24 | | board, if the governing board is then in existence,
| 25 | | establish a combined
list
of educational support personnel | 26 | | in participating districts, categorized by
positions, |
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| 1 | | showing the length of continuing service of each full-time
| 2 | | educational
support personnel employee who is qualified to | 3 | | hold any such position at the
cooperative high school, and | 4 | | then distribute this list to the exclusive
employee
| 5 | | representative or bargaining agent on or before February 1 | 6 | | of the school year
prior
to the commencement of the | 7 | | operation of the cooperative high school or within
30
days | 8 | | after the date of the referendum election if the | 9 | | proposition receives a
majority of those voting in each | 10 | | district, whichever occurs first; and
| 11 | | (3) transfer to the governing board of the cooperative | 12 | | high school
the employment and the positions of so many of | 13 | | the full-time educational
support
personnel employees | 14 | | employed by a participating district as are jointly
| 15 | | determined
by the school boards of the participating
| 16 | | districts and the governing board, if the governing board | 17 | | is then in existence,
to be
needed at
the
cooperative high | 18 | | school, provided that the full-time educational personnel
| 19 | | employee
transfers shall be done by categories on the | 20 | | seniority list mentioned in
subdivision (2) of this | 21 | | subsection (h) and done in order from greatest
seniority
| 22 | | first
through lesser amounts of seniority.
| 23 | | If there are more full-time
educational support personnel | 24 | | employees than there are available
positions at the cooperative | 25 | | high school or
in the participating district, a school board | 26 | | shall first
remove or dismiss those educational support |
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| 1 | | personnel employees
with the shorter length of continuing | 2 | | service in any of the
participating districts, within the | 3 | | respective category of
position. The governing board is subject | 4 | | to this Code with respect to the
educational support personnel | 5 | | employee as if the educational support personnel
employee had | 6 | | been the governing board's employee during the time the
| 7 | | educational support personnel employee was actually employed | 8 | | by the school
board of the district from which the employment | 9 | | and position were transferred.
Any educational support | 10 | | personnel employee dismissed as a result of such a
decrease | 11 | | shall be paid all earned compensation on or before the third | 12 | | business
day following his or her last day of employment. If | 13 | | the school board that has
dismissed the educational support | 14 | | personnel employee or the governing board has
any vacancies for | 15 | | the following school term or within one calendar year from
the | 16 | | beginning of the following school term, the positions thereby | 17 | | becoming
available within a specific category of position shall | 18 | | be tendered to the
employees so removed or dismissed from that | 19 | | category of position so far as they
are legally qualified to | 20 | | hold such positions. If the cooperative high school is
| 21 | | dissolved, any educational support personnel employee who was | 22 | | transferred from
a participating district shall be transferred | 23 | | back to the district and Section
10-23.5 of this Code shall | 24 | | apply. In that case, a district is subject to this
Code in the | 25 | | same manner as if the educational support personnel employee
| 26 | | transferred back had been continuously in the service of the |
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| 1 | | receiving
district.
| 2 | | (i) Two or more school districts not contiguous to each | 3 | | other, each of which has an enrollment in grades 9 through 12 | 4 | | of less than 600 students, may jointly operate one or more | 5 | | cooperative high schools if the following requirements are met | 6 | | and documented within 2 calendar years prior to the proposition | 7 | | filing date, pursuant to subsection (a) of this Section: | 8 | | (1) the distance between each district administrative | 9 | | office is documented as no more than 30 miles; | 10 | | (2) every district contiguous to the district wishing | 11 | | to operate one or more cooperative high schools under the | 12 | | provisions of this Section determines that it is not | 13 | | interested in participating in such joint operation, | 14 | | through a vote of its school board, and documents that | 15 | | non-interest in a letter to the districts wishing to form | 16 | | the cooperative high school containing approved minutes | 17 | | that record the school board vote; | 18 | | (3) documentation of meeting these requirements is | 19 | | attached to the board resolution required under subsection | 20 | | (a) of this Section; and | 21 | | (4) all other provisions of this Section are followed. | 22 | | (Source: P.A. 98-125, eff. 8-2-13.)
| 23 | | (105 ILCS 5/10-22.22d) | 24 | | Sec. 10-22.22d. Pilot cooperative elementary school and | 25 | | pilot cooperative high school. |
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| 1 | | (a) Subject to the provisions of this Section, 2 contiguous | 2 | | school districts that are
(i) located all or in part in | 3 | | Vermilion County;
(ii) have an enrollment in grades 6-8 of less | 4 | | than 150 during the 2008-2009 school year and in grades 9-12 of | 5 | | less than 400 during the 2008-2009 school year; and
(iii) have | 6 | | a Junior High School serving grades 6, 7, and 8 in one of the | 7 | | districts
may, when in their judgment the interest of the | 8 | | districts and of the students will be best served, jointly | 9 | | pilot a cooperative elementary school or cooperative high | 10 | | school, or both. | 11 | | The board of each district contemplating a joint operation | 12 | | shall, by proper resolution, cause the proposition to enter | 13 | | into such joint operation for a period not to exceed 3 years. | 14 | | The school boards of the participating districts may, if | 15 | | they agree on terms, execute a contract for such joint | 16 | | operation subject to the provisions of this Section. | 17 | | (b) The agreement for joint operation of any such | 18 | | cooperative elementary school or cooperative high school, or | 19 | | both, shall include, but not be limited to, provisions for | 20 | | administration, staff, programs, financing, facilities, and | 21 | | transportation. Agreements may be modified, by approval of each | 22 | | of the participating districts, provided that a district may | 23 | | withdraw from the agreement only if the district is | 24 | | reorganizing with one or more districts under other provisions | 25 | | of this Code. | 26 | | (c) A governing board, which shall govern the operation of |
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| 1 | | any such cooperative elementary school or cooperative high | 2 | | school, or both, shall be apportioned to reflect the number of | 3 | | students in each respective district who attend the cooperative | 4 | | elementary school or cooperative high school, or both. The | 5 | | membership of the governing board shall be 5 members. The | 6 | | school board of each participating district shall select, from | 7 | | its membership, its representatives on the governing board. The | 8 | | governing board shall prepare and adopt a budget for the | 9 | | cooperative elementary school or cooperative high school, or | 10 | | both. The governing board shall administer the cooperative | 11 | | elementary school or cooperative high school, or both, in | 12 | | accordance with the agreement of the districts and shall have | 13 | | the power to hire, supervise, and terminate staff; to enter | 14 | | into contracts; to adopt policies for the school or schools; | 15 | | and to take all other actions necessary and proper for the | 16 | | operation of the school or schools. The governing board may not | 17 | | levy taxes or incur any indebtedness except within the annual | 18 | | budget approved by the participating districts. | 19 | | (d) Each participating district shall pay its per capita | 20 | | cost of educating the students residing in its district and | 21 | | attending any cooperative elementary school or cooperative | 22 | | high school into the budget for the maintenance and operation | 23 | | of the cooperative elementary school or cooperative high | 24 | | school, or both. | 25 | | The manner of determining per capita cost shall be set | 26 | | forth in the agreement. Each district shall pay the amount owed |
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| 1 | | the governing board under the terms of the agreement from the | 2 | | fund that the district would have used if the district had | 3 | | incurred the costs directly and may levy taxes and issue bonds | 4 | | as otherwise authorized for these purposes in order to make | 5 | | payments to the governing board. | 6 | | (e) Upon formation of the cooperative elementary school or | 7 | | cooperative high school, or both, the school board of each | 8 | | participating district shall: | 9 | | (1) confer and coordinate with each other and the | 10 | | governing board, if the governing board is then in | 11 | | existence, as to staffing needs for the cooperative | 12 | | elementary school or cooperative high school, or both; | 13 | | (2) in consultation with any exclusive employee | 14 | | representatives and the governing board, if the governing | 15 | | board is then in existence, establish a combined list of | 16 | | teachers in all participating districts, categorized by | 17 | | positions, showing the length of service and the | 18 | | contractual continued service status, if any, of each | 19 | | teacher in each participating district who is qualified to | 20 | | hold any positions at the cooperative elementary school or | 21 | | cooperative high school, or both, and then distribute this | 22 | | list to the exclusive employee representatives on or before | 23 | | February 1 of the school year prior to the commencement of | 24 | | the operation of the cooperative elementary school or | 25 | | cooperative high school, or both, or within 30 days after | 26 | | the date of the board resolutions, whichever occurs first; |
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| 1 | | this list is in addition to and not a substitute for the | 2 | | list mandated by Section 24-12 of this Code; and | 3 | | (3) transfer to the governing board of the cooperative | 4 | | elementary school or cooperative high school, or both, the | 5 | | employment and the position of so many of the full-time or | 6 | | part-time school teachers employed by a participating | 7 | | district as are jointly determined by the school boards of | 8 | | the participating districts and the governing board, if the | 9 | | governing board is then in existence, to be needed at the | 10 | | cooperative school or schools, provided that these teacher | 11 | | transfers shall be done: | 12 | | (A) by categories listed on the seniority list | 13 | | mentioned in item (2) of this subsection (e); | 14 | | (B) in each category, by having teachers in | 15 | | contractual continued service being transferred before | 16 | | any teachers who are not in contractual continued | 17 | | service; and | 18 | | (C) in order from greatest seniority first through | 19 | | lesser amounts of seniority. | 20 | | A teacher who is not in contractual continued service shall | 21 | | not be transferred if there is a teacher in contractual | 22 | | continued service in the same category who is qualified to hold | 23 | | the position that is to be filled. | 24 | | If there are more teachers who have entered upon | 25 | | contractual continued service than there are available | 26 | | positions at the cooperative elementary school or cooperative |
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| 1 | | high school, or both or within other assignments in the | 2 | | district, a school board shall first remove or dismiss all | 3 | | teachers who have not entered upon contractual continued | 4 | | service before removing or dismissing any teacher who has | 5 | | entered upon contractual continued service and who is legally | 6 | | qualified (i) to hold a position at the cooperative elementary | 7 | | school or cooperative high school, or both planned to be held | 8 | | by a teacher who has not entered upon contractual continued | 9 | | service or (ii) to hold another position in the participating | 10 | | district. As between teachers who have entered upon contractual | 11 | | continued service, the teacher or teachers with the shorter | 12 | | length of continuing service in any of the participating | 13 | | districts shall be dismissed first. Any teacher dismissed as a | 14 | | result of such a decrease shall be paid all earned compensation | 15 | | on or before the third business day following the last day of | 16 | | pupil attendance in the regular school term. If the school | 17 | | board that has dismissed a teacher or the governing board has | 18 | | any vacancies for the following school term or within one | 19 | | calendar year from the beginning of the following school term, | 20 | | then the positions thereby becoming available shall be tendered | 21 | | to the teachers so removed or dismissed so far as they are | 22 | | legally qualified to hold such positions. If the number of | 23 | | honorable dismissal notices in all participating districts | 24 | | exceeds 15% of full-time equivalent positions filled by | 25 | | certified employees (excluding principals and administrative | 26 | | personnel) during the preceding school year in all |
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| 1 | | participating districts and if the school board that has | 2 | | dismissed a teacher or the governing board has any vacancies | 3 | | for the following school term or within 2 calendar years from | 4 | | the beginning of the following school term, the positions so | 5 | | becoming available shall be tendered to the teachers who were | 6 | | so notified, removed, or dismissed whenever these teachers are | 7 | | legally qualified to hold those positions. | 8 | | The provisions of subsection (h) of Section 24-11 Section | 9 | | 24-12 of this Code concerning teachers whose positions are | 10 | | transferred from one board to the control of a different board | 11 | | shall apply to the teachers who are transferred. The | 12 | | contractual continued service of any transferred teacher is not | 13 | | lost and the governing board is subject to this Code with | 14 | | respect to the teacher in the same manner as if the teacher had | 15 | | been the governing board's employee during the time the teacher | 16 | | was actually employed by the board of the district from which | 17 | | the position and the teacher's employment were transferred. The | 18 | | time spent in employment with a participating district by any | 19 | | teacher who has not yet entered upon contractual continued | 20 | | service and who is transferred to the governing board is not | 21 | | lost when computing the time necessary for the teacher to enter | 22 | | upon contractual continued service, and the governing board is | 23 | | subject to this Code with respect to the teacher in the same | 24 | | manner as if the teacher had been the governing board's | 25 | | employee during the time the teacher was actually employed by | 26 | | the school board from which the position and the teacher's |
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| 1 | | employment were transferred. | 2 | | At the conclusion of the pilot program, any teacher who was | 3 | | transferred from a participating district shall be transferred | 4 | | back to the district and subsection (h) of Section 24-11 | 5 | | Section 24-12 of this Code shall apply. In that case, a | 6 | | district is subject to this Code in the same manner as if the | 7 | | teacher transferred back had been continuously in the service | 8 | | of the receiving district. | 9 | | (f) Upon formation of the cooperative elementary school or | 10 | | cooperative high school, or both, the school board of each | 11 | | participating district shall: | 12 | | (1) confer and coordinate with each other and the | 13 | | governing board, if the governing board is then in | 14 | | existence, as to needs for educational support personnel | 15 | | for the cooperative elementary school or cooperative high | 16 | | school, or both; | 17 | | (2) in consultation with any exclusive employee | 18 | | representative or bargaining agent and the governing | 19 | | board, if the governing board is then in existence, | 20 | | establish a combined list of educational support personnel | 21 | | in participating districts, categorized by positions, | 22 | | showing the length of continuing service of each full-time | 23 | | educational support personnel employee who is qualified to | 24 | | hold any such position at the cooperative elementary school | 25 | | or cooperative high school, or both, and then distribute | 26 | | this list to the exclusive employee representative or |
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| 1 | | bargaining agent on or before February 1 of the school year | 2 | | prior to the commencement of the operation of the | 3 | | cooperative elementary school or cooperative high school, | 4 | | or both or within 30 days after the date of the board | 5 | | resolutions, whichever occurs first; and | 6 | | (3) transfer to the governing board of the cooperative | 7 | | elementary school or cooperative high school, or both the | 8 | | employment and the positions of so many of the full-time | 9 | | educational support personnel employees employed by a | 10 | | participating district as are jointly determined by the | 11 | | school boards of the participating districts and the | 12 | | governing board, if the governing board is then in | 13 | | existence, to be needed at the cooperative elementary | 14 | | school or cooperative high school, or both, provided that | 15 | | the full-time educational personnel employee transfers | 16 | | shall be done by categories on the seniority list mentioned | 17 | | in item (2) of this subsection (f) and done in order from | 18 | | greatest seniority first through lesser amounts of | 19 | | seniority. | 20 | | If there are more full-time educational support personnel | 21 | | employees than there are available positions at the cooperative | 22 | | elementary school or cooperative high school, or both or in the | 23 | | participating district, then a school board shall first remove | 24 | | or dismiss those educational support personnel employees with | 25 | | the shorter length of continuing service in any of the | 26 | | participating districts, within the respective category of |
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| 1 | | position. The governing board is subject to this Code with | 2 | | respect to the educational support personnel employee as if the | 3 | | educational support personnel employee had been the governing | 4 | | board's employee during the time the educational support | 5 | | personnel employee was actually employed by the school board of | 6 | | the district from which the employment and position were | 7 | | transferred. Any educational support personnel employee | 8 | | dismissed as a result of such a decrease shall be paid all | 9 | | earned compensation on or before the third business day | 10 | | following his or her last day of employment. If the school | 11 | | board that has dismissed the educational support personnel | 12 | | employee or the governing board has any vacancies for the | 13 | | following school term or within one calendar year from the | 14 | | beginning of the following school term, then the positions | 15 | | thereby becoming available within a specific category of | 16 | | position shall be tendered to the employees so removed or | 17 | | dismissed from that category of position so far as they are | 18 | | legally qualified to hold such positions. At the conclusion of | 19 | | the pilot, any educational support personnel employee who was | 20 | | transferred from a participating district shall be transferred | 21 | | back to the district and Section 10-23.5 of this Code shall | 22 | | apply. In that case, a district is subject to this Code in the | 23 | | same manner as if the educational support personnel employee | 24 | | transferred back had been continuously in the service of the | 25 | | receiving district. | 26 | | (g) This Section repeals 3 years after the beginning date |
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| 1 | | of operation of a pilot cooperative elementary school or a | 2 | | pilot cooperative high school.
| 3 | | (Source: P.A. 96-1328, eff. 7-27-10.) | 4 | | (105 ILCS 5/11E-110) | 5 | | Sec. 11E-110. Teachers in contractual continued service; | 6 | | educational support personnel employees. | 7 | | (a) When a school district conversion or multi-unit | 8 | | conversion becomes effective for purposes of administration | 9 | | and attendance, as determined pursuant to Section 11E-70 of | 10 | | this Code, the provisions of subsection (h) of Section 24-11 | 11 | | Section 24-12 of this Code relative to the contractual | 12 | | continued service status of teachers having contractual | 13 | | continued service whose positions are transferred from one | 14 | | school board to the control of a new or different school board | 15 | | shall apply, and the positions held by teachers, as that term | 16 | | is defined in subsection (a) of Section 24-11 of this Code, | 17 | | having contractual continued service with the unit district at | 18 | | the time of its dissolution shall be transferred on the | 19 | | following basis: | 20 | | (1) positions of teachers in contractual continued | 21 | | service that, during the 5 school years immediately | 22 | | preceding the effective date of the change, as determined | 23 | | under Section 11E-70 of this Code, were full-time positions | 24 | | in which all of the time required of the position was spent | 25 | | in one or more of grades 9 through 12 shall be transferred |
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| 1 | | to the control of the school board of the new high school | 2 | | district or combined high school - unit district, as the | 3 | | case may be; | 4 | | (2) 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 kindergarten through 8 shall be | 10 | | transferred to the control of the school board of the newly | 11 | | created successor elementary district; and | 12 | | (3) positions of teachers in contractual continued | 13 | | service that were full-time positions not required to be | 14 | | transferred to the control of the school board of the new | 15 | | high school district or combined high school - unit | 16 | | district, as the case may be,
or the school board of the | 17 | | newly created successor elementary district under the | 18 | | provisions of subdivision (1) or (2) of this subsection (a) | 19 | | shall be transferred to the control of whichever of the | 20 | | boards the teacher shall request. | 21 | | With respect to each position to be transferred under the | 22 | | provisions of this subsection (a), the amount of time required | 23 | | of each position to be spent in one or more of grades | 24 | | kindergarten through 8 and 9 through 12 shall be determined | 25 | | with reference to the applicable records of the unit district | 26 | | being dissolved pursuant to stipulation of the school board of |
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| 1 | | the unit district prior to the effective date of its | 2 | | dissolution or thereafter of the school board of the newly | 3 | | created districts and with the approval in either case of the | 4 | | regional superintendent of schools of the educational service | 5 | | region in which the territory described in the petition filed | 6 | | under this Article or the greater percentage of equalized | 7 | | assessed evaluation of the territory is situated; however, if | 8 | | no such stipulation can be agreed upon, the regional | 9 | | superintendent of schools, after hearing any additional | 10 | | relevant and material evidence that any school board desires to | 11 | | submit, shall make the determination. | 12 | | (a-5) 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 subsection (b) of Section 10-23.5 | 16 | | of this Code relative to the transfer of educational support | 17 | | personnel employees shall apply, and the positions held by | 18 | | educational support personnel employees shall be transferred | 19 | | on the following basis: | 20 | | (1) positions of educational support personnel | 21 | | employees that, during the 5 school years immediately | 22 | | preceding the effective date of the change, as determined | 23 | | under Section 11E-70 of this Code, were full-time positions | 24 | | in which all of the time required of the position was spent | 25 | | in one or more of grades 9 through 12 shall be transferred | 26 | | to the control of the school board of the new high school |
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| 1 | | district or combined high school - unit district, as the | 2 | | case may be; | 3 | | (2) 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 kindergarten through 8 shall be | 9 | | transferred to the control of the school board of the newly | 10 | | created successor elementary district; and | 11 | | (3) positions of educational support personnel | 12 | | employees that were full-time positions not required to be | 13 | | transferred to the control of the school board of the new | 14 | | high school district or combined high school - unit | 15 | | district, as the case may be, or the school board of the | 16 | | newly created successor elementary district under | 17 | | subdivision (1) or (2) of this subsection (a-5) shall be | 18 | | transferred to the control of whichever of the boards the | 19 | | educational support personnel employee requests. | 20 | | With respect to each position to be transferred under this | 21 | | subsection (a-5), the amount of time required of each position | 22 | | to be spent in one or more of grades kindergarten through 8 and | 23 | | 9 through 12 shall be determined with reference to the | 24 | | applicable records of the unit district being dissolved | 25 | | pursuant to stipulation of the school board of the unit | 26 | | district prior to the effective date of its dissolution or |
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| 1 | | thereafter of the school board of the newly created districts | 2 | | and with the approval in either case of the regional | 3 | | superintendent of schools of the educational service region in | 4 | | which the territory described in the petition filed under this | 5 | | Article or the greater percentage of equalized assessed | 6 | | evaluation of the territory is situated; however, if no such | 7 | | stipulation can be agreed upon, the regional superintendent of | 8 | | schools, after hearing any additional relevant and material | 9 | | evidence that any school board desires to submit, shall make | 10 | | the determination.
| 11 | | (b) When the creation of a unit district or a combined | 12 | | school district becomes effective for purposes of | 13 | | administration and attendance, as determined pursuant to | 14 | | Section 11E-70 of this Code, the positions of teachers in | 15 | | contractual continued service in the districts involved in the | 16 | | creation of the new district are transferred to the newly | 17 | | created district pursuant to the provisions of subsection (h) | 18 | | of Section 24-11 Section 24-12 of this Code relative to | 19 | | teachers having contractual continued service status whose | 20 | | positions are transferred from one board to the control of a | 21 | | different board, and those provisions of subsection (h) of | 22 | | Section 24-11 of this Code Section 24-12 shall apply to these | 23 | | transferred teachers. The contractual continued service status | 24 | | of any teacher thereby transferred to the newly created | 25 | | district is not lost and the new school board is subject to | 26 | | this Code with respect to the transferred teacher in the same |
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| 1 | | manner as if the teacher was that district's employee and had | 2 | | been its employee during the time the teacher was actually | 3 | | employed by the school board of the district from which the | 4 | | position was transferred.
| 5 | | (c) When the creation of a unit district or a combined | 6 | | school district becomes effective for purposes of | 7 | | administration and attendance, as determined pursuant to | 8 | | Section 11E-70 of this Code, the positions of educational | 9 | | support personnel employees in the districts involved in the | 10 | | creation of the new district shall be transferred to the newly | 11 | | created district pursuant to subsection (b) of Section 10-23.5 | 12 | | of this Code. The length of continuing service of any | 13 | | educational support personnel employee thereby transferred to | 14 | | the newly created district is not lost and the new school board | 15 | | is subject to this Code with respect to the transferred | 16 | | educational support personnel employee in the same manner as if | 17 | | the educational support personnel employee had been that | 18 | | district's employee during the time the educational support | 19 | | personnel employee was actually employed by the school board of | 20 | | the district from which the position was transferred.
| 21 | | (Source: P.A. 94-1019, eff. 7-10-06; 95-148, eff. 8-14-07; | 22 | | 95-331, eff. 8-21-07.)
| 23 | | (105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
| 24 | | Sec. 18-12. Dates for filing State aid claims. The school | 25 | | board of
each school district , a regional office of education, |
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| 1 | | a laboratory school, or a State-authorized charter school shall | 2 | | require teachers, principals, or
superintendents to furnish | 3 | | from records kept by them such data as it
needs in preparing | 4 | | and certifying to the State Superintendent of Education
| 5 | | regional superintendent its school district report of claims | 6 | | provided in Section
Sections 18-8.05 of this Code through 18-9 | 7 | | as required by the State
Superintendent of Education . The | 8 | | district claim
shall be based on the latest available equalized | 9 | | assessed valuation and tax
rates, as provided in Section | 10 | | 18-8.05 , and shall use the average
daily
attendance as | 11 | | determined by the method outlined in Section 18-8.05 ,
and shall | 12 | | be
certified and filed with the State Superintendent of | 13 | | Education regional superintendent by June 21
for districts and | 14 | | State-authorized charter schools with an
official
school | 15 | | calendar end date before June 15 or within 2 weeks following | 16 | | the
official school calendar end date for districts , regional | 17 | | offices of education, laboratory schools, or State-authorized | 18 | | charter schools with a school year end date
of June 15 or | 19 | | later. The regional superintendent shall certify and file
with | 20 | | the State Superintendent of Education district State aid claims | 21 | | by
July 1 for districts with an official school calendar end | 22 | | date before June
15 or no later than July 15 for districts with | 23 | | an official school calendar
end date of June 15 or later.
| 24 | | Failure to
so file by these deadlines constitutes a forfeiture | 25 | | of the right
to
receive payment by
the State until such claim | 26 | | is filed and vouchered for payment . The
regional superintendent |
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| 1 | | of schools shall certify the county report of claims
by July | 2 | | 15; and the State Superintendent of Education shall voucher
for | 3 | | payment those claims to the State Comptroller as provided in | 4 | | Section 18-11.
| 5 | | Except as otherwise provided in this Section, if any school | 6 | | district
fails to provide the minimum school term specified
in | 7 | | Section 10-19, the State aid claim for that year shall be | 8 | | reduced by the
State Superintendent of Education in an amount | 9 | | equivalent to 1/176 or .56818% for
each day less than the | 10 | | number of days required by this Code.
| 11 | | If
the State Superintendent of Education determines that | 12 | | the failure
to
provide the minimum school term was occasioned | 13 | | by an act or acts of God, or
was occasioned by conditions | 14 | | beyond the control of the school district
which posed a | 15 | | hazardous threat to the health and safety of pupils, the
State | 16 | | aid claim need not be reduced.
| 17 | | If a school district is precluded from providing the | 18 | | minimum hours of instruction required for a full day of | 19 | | attendance due to an adverse weather condition or a condition | 20 | | beyond the control of the school district that poses a | 21 | | hazardous threat to the health and safety of students, then the | 22 | | partial day of attendance may be counted if (i) the school | 23 | | district has provided at least one hour of instruction prior to | 24 | | the closure of the school district, (ii) a school building has | 25 | | provided at least one hour of instruction prior to the closure | 26 | | of the school building, or (iii) the normal start time of the |
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| 1 | | school district is delayed. | 2 | | If, prior to providing any instruction, a school district | 3 | | must close one or more but not all school buildings after | 4 | | consultation with a local emergency response agency or due to a | 5 | | condition beyond the control of the school district, then the | 6 | | school district may claim attendance for up to 2 school days | 7 | | based on the average attendance of the 3 school days | 8 | | immediately preceding the closure of the affected school | 9 | | building or, if approved by the State Board of Education, | 10 | | utilize the provisions of an e-learning program for the | 11 | | affected school building as prescribed in Section 10-20.56 of | 12 | | this Code. The partial or no day of attendance described in | 13 | | this Section and the reasons therefore shall be certified | 14 | | within a month of the closing or delayed start by the school | 15 | | district superintendent to the regional superintendent of | 16 | | schools for forwarding to the State Superintendent of Education | 17 | | for approval.
| 18 | | Other than the utilization of any e-learning days as | 19 | | prescribed in Section 10-20.56 of this Code, no exception to | 20 | | the requirement of providing a minimum school term may
be | 21 | | approved by the State Superintendent of Education pursuant to | 22 | | this Section
unless a school district has first used all | 23 | | emergency days provided for
in its regular calendar.
| 24 | | If the State Superintendent of Education declares that an | 25 | | energy
shortage exists during any part of the school year for | 26 | | the State or a
designated portion of the State, a district may |
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| 1 | | operate the school
attendance centers within the district 4 | 2 | | days of the week during the
time of the shortage by extending | 3 | | each existing school day by one clock
hour of school work, and | 4 | | the State aid claim shall not be reduced, nor
shall the | 5 | | employees of that district suffer any reduction in salary or
| 6 | | benefits as a result thereof. A district may operate all | 7 | | attendance
centers on this revised schedule, or may apply the | 8 | | schedule to selected
attendance centers, taking into | 9 | | consideration such factors as pupil
transportation schedules | 10 | | and patterns and sources of energy for
individual attendance | 11 | | centers.
| 12 | | Electronically submitted State aid claims shall be | 13 | | submitted by
duly authorized district or regional individuals | 14 | | over a secure network
that is password protected. The | 15 | | electronic submission of a State aid
claim must be accompanied | 16 | | with an affirmation that all of the provisions
of Sections | 17 | | 18-8.05 through 18-9 , 10-22.5, and 24-4 of this Code are
met in | 18 | | all respects.
| 19 | | (Source: P.A. 99-194, eff. 7-30-15.)
| 20 | | (105 ILCS 5/21B-30)
| 21 | | Sec. 21B-30. Educator testing. | 22 | | (a) This Section applies beginning on July 1, 2012. | 23 | | (b) The State Board of Education, in consultation with the | 24 | | State Educator Preparation and Licensure Board, shall design | 25 | | and implement a system of examinations, which shall be required |
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| 1 | | prior to the issuance of educator licenses. These examinations | 2 | | and indicators must be based on national and State professional | 3 | | teaching standards, as determined by the State Board of | 4 | | Education, in consultation with the State Educator Preparation | 5 | | and Licensure Board. The State Board of Education may adopt | 6 | | such rules as may be necessary to implement and administer this | 7 | | Section. No score on a test required under this Section, other | 8 | | than a test of basic skills, shall be more than 10 years old at | 9 | | the time that an individual makes application for an educator | 10 | | license or endorsement. | 11 | | (c) Applicants seeking a Professional Educator License or | 12 | | an Educator License with Stipulations shall be required to pass | 13 | | a test of basic skills before the license is issued, unless the | 14 | | endorsement the individual is seeking does not require passage | 15 | | of the test. All applicants completing Illinois-approved, | 16 | | teacher education or school service personnel preparation | 17 | | programs shall be required to pass the State Board of | 18 | | Education's recognized test of basic skills prior to starting | 19 | | their student teaching or starting the final semester of their | 20 | | internship, unless required earlier at the discretion of the | 21 | | recognized, Illinois institution in which they are completing | 22 | | their approved program. An individual who passes a test of | 23 | | basic skills does not need to do so again for subsequent | 24 | | endorsements or other educator licenses. | 25 | | (d) All applicants seeking a State license shall be | 26 | | required to pass a test of content area knowledge for each area |
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| 1 | | of endorsement for which there is an applicable test. There | 2 | | shall be no exception to this requirement. No candidate shall | 3 | | be allowed to student teach or serve as the teacher of record | 4 | | until he or she has passed the applicable content area test. | 5 | | (e) All applicants seeking a State license endorsed in a | 6 | | teaching field and completing their student teaching | 7 | | experience no later than August 31, 2015 shall pass the | 8 | | assessment of professional teaching (APT). Prior to September | 9 | | 1, 2015, passage Passage of the APT is required for completion | 10 | | of an approved Illinois educator preparation program. The APT | 11 | | shall be available through August 31, 2020. | 12 | | (f) Beginning on September 1, 2015, all candidates | 13 | | completing teacher preparation programs in this State and all | 14 | | candidates subject to Section 21B-35 of this Code are required | 15 | | to pass an evidence-based assessment of teacher effectiveness | 16 | | approved by the State Board of Education, in consultation with | 17 | | the State Educator Preparation and Licensure Board. All | 18 | | recognized institutions offering approved teacher preparation | 19 | | programs must begin phasing in the approved teacher performance | 20 | | assessment no later than July 1, 2013. | 21 | | (g) Tests of basic skills and content area knowledge and | 22 | | the assessment of professional teaching shall be the tests that | 23 | | from time to time are designated by the State Board of | 24 | | Education, in consultation with the State Educator Preparation | 25 | | and Licensure Board, and may be tests prepared by an | 26 | | educational testing organization or tests designed by the State |
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| 1 | | Board of Education, in consultation with the State Educator | 2 | | Preparation and Licensure Board. The areas to be covered by a | 3 | | test of basic skills shall include reading, language arts, and | 4 | | mathematics. The test of content area knowledge shall assess | 5 | | content knowledge in a specific subject field. The tests must | 6 | | be designed to be racially neutral to ensure that no person | 7 | | taking the tests is discriminated against on the basis of race, | 8 | | color, national origin, or other factors unrelated to the | 9 | | person's ability to perform as a licensed employee. The score | 10 | | required to pass the tests shall be fixed by the State Board of | 11 | | Education, in consultation with the State Educator Preparation | 12 | | and Licensure Board. The tests shall be administered not fewer | 13 | | than 3 times a year at such time and place as may be designated | 14 | | by the State Board of Education, in consultation with the State | 15 | | Educator Preparation and Licensure Board. | 16 | | The State Board shall implement a test or tests to assess | 17 | | the speaking, reading, writing, and grammar skills of | 18 | | applicants for an endorsement or a license issued under | 19 | | subdivision (G) of paragraph (2) of Section 21B-20 of this Code | 20 | | in the English language and in the language of the transitional | 21 | | bilingual education program requested by the applicant. | 22 | | (h) Except as provided in Section 34-6 of this Code, the | 23 | | provisions of this Section shall apply equally in any school | 24 | | district subject to Article 34 of this Code. | 25 | | (i) The rules developed to implement and enforce the | 26 | | testing requirements under this Section shall include without |
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| 1 | | limitation provisions governing test selection, test | 2 | | validation and determination of a passing score, | 3 | | administration of the tests, frequency of administration, | 4 | | applicant fees, frequency of applicants taking the tests, the | 5 | | years for which a score is valid, and appropriate special | 6 | | accommodations. The State Board of Education shall develop such | 7 | | rules as may be needed to ensure uniformity from year to year | 8 | | in the level of difficulty for each form of an assessment.
| 9 | | (Source: P.A. 98-361, eff. 1-1-14; 98-581, eff. 8-27-13; | 10 | | 98-756, eff. 7-16-14; 99-58, eff. 7-16-15.) | 11 | | Section 10. The School Breakfast and Lunch Program Act is | 12 | | amended by changing Section 9 as follows:
| 13 | | (105 ILCS 125/9) (from Ch. 122, par. 712.9)
| 14 | | Sec. 9. Certification and payment of claims. The State | 15 | | Board of Education
shall prepare and certify to the State | 16 | | Comptroller at least quarterly monthly
the amount due each | 17 | | board and welfare center, whereupon
the
Comptroller shall
draw | 18 | | his warrants on the State Treasurer for the amounts certified | 19 | | for the
various
school boards and welfare centers.
| 20 | | (Source: P.A. 91-843, eff. 6-22-00.)
| 21 | | Section 99. Effective date. This Act takes effect July 1, | 22 | | 2016, except that this Section and the changes to Section | 23 | | 2-3.25a of the School Code take effect upon becoming law.
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