Full Text of HB6079 096th General Assembly
HB6079enr 96TH 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 adding Section | 5 |
| 10-22.22d as follows: | 6 |
| (105 ILCS 5/10-22.22d new) | 7 |
| Sec. 10-22.22d. Pilot cooperative elementary school and | 8 |
| pilot cooperative high school. | 9 |
| (a) Subject to the provisions of this Section, 2 contiguous | 10 |
| school districts that are
(i) located all or in part in | 11 |
| Vermilion County;
(ii) have an enrollment in grades 6-8 of less | 12 |
| than 150 during the 2008-2009 school year and in grades 9-12 of | 13 |
| less than 400 during the 2008-2009 school year; and
(iii) have | 14 |
| a Junior High School serving grades 6, 7, and 8 in one of the | 15 |
| districts
may, when in their judgment the interest of the | 16 |
| districts and of the students will be best served, jointly | 17 |
| pilot a cooperative elementary school or cooperative high | 18 |
| school, or both. | 19 |
| The board of each district contemplating a joint operation | 20 |
| shall, by proper resolution, cause the proposition to enter | 21 |
| into such joint operation for a period not to exceed 3 years. | 22 |
| The school boards of the participating districts may, if | 23 |
| they agree on terms, execute a contract for such joint |
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| operation subject to the provisions of this Section. | 2 |
| (b) The agreement for joint operation of any such | 3 |
| cooperative elementary school or cooperative high school, or | 4 |
| both, shall include, but not be limited to, provisions for | 5 |
| administration, staff, programs, financing, facilities, and | 6 |
| transportation. Agreements may be modified, by approval of each | 7 |
| of the participating districts, provided that a district may | 8 |
| withdraw from the agreement only if the district is | 9 |
| reorganizing with one or more districts under other provisions | 10 |
| of this Code. | 11 |
| (c) A governing board, which shall govern the operation of | 12 |
| any such cooperative elementary school or cooperative high | 13 |
| school, or both, shall be apportioned to reflect the number of | 14 |
| students in each respective district who attend the cooperative | 15 |
| elementary school or cooperative high school, or both. The | 16 |
| membership of the governing board shall be 5 members. The | 17 |
| school board of each participating district shall select, from | 18 |
| its membership, its representatives on the governing board. The | 19 |
| governing board shall prepare and adopt a budget for the | 20 |
| cooperative elementary school or cooperative high school, or | 21 |
| both. The governing board shall administer the cooperative | 22 |
| elementary school or cooperative high school, or both, in | 23 |
| accordance with the agreement of the districts and shall have | 24 |
| the power to hire, supervise, and terminate staff; to enter | 25 |
| into contracts; to adopt policies for the school or schools; | 26 |
| and to take all other actions necessary and proper for the |
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| operation of the school or schools. The governing board may not | 2 |
| levy taxes or incur any indebtedness except within the annual | 3 |
| budget approved by the participating districts. | 4 |
| (d) Each participating district shall pay its per capita | 5 |
| cost of educating the students residing in its district and | 6 |
| attending any cooperative elementary school or cooperative | 7 |
| high school into the budget for the maintenance and operation | 8 |
| of the cooperative elementary school or cooperative high | 9 |
| school, or both. | 10 |
| The manner of determining per capita cost shall be set | 11 |
| forth in the agreement. Each district shall pay the amount owed | 12 |
| the governing board under the terms of the agreement from the | 13 |
| fund that the district would have used if the district had | 14 |
| incurred the costs directly and may levy taxes and issue bonds | 15 |
| as otherwise authorized for these purposes in order to make | 16 |
| payments to the governing board. | 17 |
| (e) Upon formation of the cooperative elementary school or | 18 |
| cooperative high school, or both, the school board of each | 19 |
| participating district shall: | 20 |
| (1) confer and coordinate with each other and the | 21 |
| governing board, if the governing board is then in | 22 |
| existence, as to staffing needs for the cooperative | 23 |
| elementary school or cooperative high school, or both; | 24 |
| (2) in consultation with any exclusive employee | 25 |
| representatives and the governing board, if the governing | 26 |
| board is then in existence, establish a combined list of |
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| teachers in all participating districts, categorized by | 2 |
| positions, showing the length of service and the | 3 |
| contractual continued service status, if any, of each | 4 |
| teacher in each participating district who is qualified to | 5 |
| hold any positions at the cooperative elementary school or | 6 |
| cooperative high school, or both, and then distribute this | 7 |
| list to the exclusive employee representatives on or before | 8 |
| February 1 of the school year prior to the commencement of | 9 |
| the operation of the cooperative elementary school or | 10 |
| cooperative high school, or both, or within 30 days after | 11 |
| the date of the board resolutions, whichever occurs first; | 12 |
| this list is in addition to and not a substitute for the | 13 |
| list mandated by Section 24-12 of this Code; and | 14 |
| (3) transfer to the governing board of the cooperative | 15 |
| elementary school or cooperative high school, or both, the | 16 |
| employment and the position of so many of the full-time or | 17 |
| part-time school teachers employed by a participating | 18 |
| district as are jointly determined by the school boards of | 19 |
| the participating districts and the governing board, if the | 20 |
| governing board is then in existence, to be needed at the | 21 |
| cooperative school or schools, provided that these teacher | 22 |
| transfers shall be done: | 23 |
| (A) by categories listed on the seniority list | 24 |
| mentioned in item (2) of this subsection (e); | 25 |
| (B) in each category, by having teachers in | 26 |
| contractual continued service being transferred before |
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| any teachers who are not in contractual continued | 2 |
| service; and | 3 |
| (C) in order from greatest seniority first through | 4 |
| lesser amounts of seniority. | 5 |
| A teacher who is not in contractual continued service shall | 6 |
| not be transferred if there is a teacher in contractual | 7 |
| continued service in the same category who is qualified to hold | 8 |
| the position that is to be filled. | 9 |
| If there are more teachers who have entered upon | 10 |
| contractual continued service than there are available | 11 |
| positions at the cooperative elementary school or cooperative | 12 |
| high school, or both or within other assignments in the | 13 |
| district, a school board shall first remove or dismiss all | 14 |
| teachers who have not entered upon contractual continued | 15 |
| service before removing or dismissing any teacher who has | 16 |
| entered upon contractual continued service and who is legally | 17 |
| qualified (i) to hold a position at the cooperative elementary | 18 |
| school or cooperative high school, or both planned to be held | 19 |
| by a teacher who has not entered upon contractual continued | 20 |
| service or (ii) to hold another position in the participating | 21 |
| district. As between teachers who have entered upon contractual | 22 |
| continued service, the teacher or teachers with the shorter | 23 |
| length of continuing service in any of the participating | 24 |
| districts shall be dismissed first. Any teacher dismissed as a | 25 |
| result of such a decrease shall be paid all earned compensation | 26 |
| on or before the third business day following the last day of |
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| pupil attendance in the regular school term. If the school | 2 |
| board that has dismissed a teacher or the governing board has | 3 |
| any vacancies for the following school term or within one | 4 |
| calendar year from the beginning of the following school term, | 5 |
| then the positions thereby becoming available shall be tendered | 6 |
| to the teachers so removed or dismissed so far as they are | 7 |
| legally qualified to hold such positions. If the number of | 8 |
| honorable dismissal notices in all participating districts | 9 |
| exceeds 15% of full-time equivalent positions filled by | 10 |
| certified employees (excluding principals and administrative | 11 |
| personnel) during the preceding school year in all | 12 |
| participating districts and if the school board that has | 13 |
| dismissed a teacher or the governing board has any vacancies | 14 |
| for the following school term or within 2 calendar years from | 15 |
| the beginning of the following school term, the positions so | 16 |
| becoming available shall be tendered to the teachers who were | 17 |
| so notified, removed, or dismissed whenever these teachers are | 18 |
| legally qualified to hold those positions. | 19 |
| The provisions of Section 24-12 of this Code concerning | 20 |
| teachers whose positions are transferred from one board to the | 21 |
| control of a different board shall apply to the teachers who | 22 |
| are transferred. The contractual continued service of any | 23 |
| transferred teacher is not lost and the governing board is | 24 |
| subject to this Code with respect to the teacher in the same | 25 |
| manner as if the teacher had been the governing board's | 26 |
| employee during the time the teacher was actually employed by |
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| the board of the district from which the position and the | 2 |
| teacher's employment were transferred. The time spent in | 3 |
| employment with a participating district by any teacher who has | 4 |
| not yet entered upon contractual continued service and who is | 5 |
| transferred to the governing board is not lost when computing | 6 |
| the time necessary for the teacher to enter upon contractual | 7 |
| continued service, and the governing board is subject to this | 8 |
| Code with respect to the teacher in the same manner as if the | 9 |
| teacher had been the governing board's employee during the time | 10 |
| the teacher was actually employed by the school board from | 11 |
| which the position and the teacher's employment were | 12 |
| transferred. | 13 |
| At the conclusion of the pilot program, any teacher who was | 14 |
| transferred from a participating district shall be transferred | 15 |
| back to the district and Section 24-12 of this Code shall | 16 |
| apply. In that case, a district is subject to this Code in the | 17 |
| same manner as if the teacher transferred back had been | 18 |
| continuously in the service of the receiving district. | 19 |
| (f) Upon formation of the cooperative elementary school or | 20 |
| cooperative high school, or both, the school board of each | 21 |
| participating district shall: | 22 |
| (1) confer and coordinate with each other and the | 23 |
| governing board, if the governing board is then in | 24 |
| existence, as to needs for educational support personnel | 25 |
| for the cooperative elementary school or cooperative high | 26 |
| school, or both; |
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HB6079 Enrolled |
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| (2) in consultation with any exclusive employee | 2 |
| representative or bargaining agent and the governing | 3 |
| board, if the governing board is then in existence, | 4 |
| establish a combined list of educational support personnel | 5 |
| in participating districts, categorized by positions, | 6 |
| showing the length of continuing service of each full-time | 7 |
| educational support personnel employee who is qualified to | 8 |
| hold any such position at the cooperative elementary school | 9 |
| or cooperative high school, or both, and then distribute | 10 |
| this list to the exclusive employee representative or | 11 |
| bargaining agent on or before February 1 of the school year | 12 |
| prior to the commencement of the operation of the | 13 |
| cooperative elementary school or cooperative high school, | 14 |
| or both or within 30 days after the date of the board | 15 |
| resolutions, whichever occurs first; and | 16 |
| (3) transfer to the governing board of the cooperative | 17 |
| elementary school or cooperative high school, or both the | 18 |
| employment and the positions of so many of the full-time | 19 |
| educational support personnel employees employed by a | 20 |
| participating district as are jointly determined by the | 21 |
| school boards of the participating districts and the | 22 |
| governing board, if the governing board is then in | 23 |
| existence, to be needed at the cooperative elementary | 24 |
| school or cooperative high school, or both, provided that | 25 |
| the full-time educational personnel employee transfers | 26 |
| shall be done by categories on the seniority list mentioned |
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| in item (2) of this subsection (f) and done in order from | 2 |
| greatest seniority first through lesser amounts of | 3 |
| seniority. | 4 |
| If there are more full-time educational support personnel | 5 |
| employees than there are available positions at the cooperative | 6 |
| elementary school or cooperative high school, or both or in the | 7 |
| participating district, then a school board shall first remove | 8 |
| or dismiss those educational support personnel employees with | 9 |
| the shorter length of continuing service in any of the | 10 |
| participating districts, within the respective category of | 11 |
| position. The governing board is subject to this Code with | 12 |
| respect to the educational support personnel employee as if the | 13 |
| educational support personnel employee had been the governing | 14 |
| board's employee during the time the educational support | 15 |
| personnel employee was actually employed by the school board of | 16 |
| the district from which the employment and position were | 17 |
| transferred. Any educational support personnel employee | 18 |
| dismissed as a result of such a decrease shall be paid all | 19 |
| earned compensation on or before the third business day | 20 |
| following his or her last day of employment. If the school | 21 |
| board that has dismissed the educational support personnel | 22 |
| employee or the governing board has any vacancies for the | 23 |
| following school term or within one calendar year from the | 24 |
| beginning of the following school term, then the positions | 25 |
| thereby becoming available within a specific category of | 26 |
| position shall be tendered to the employees so removed or |
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| dismissed from that category of position so far as they are | 2 |
| legally qualified to hold such positions. At the conclusion of | 3 |
| the pilot, any educational support personnel employee who was | 4 |
| transferred from a participating district shall be transferred | 5 |
| back to the district and Section 10-23.5 of this Code shall | 6 |
| apply. In that case, a district is subject to this Code in the | 7 |
| same manner as if the educational support personnel employee | 8 |
| transferred back had been continuously in the service of the | 9 |
| receiving district. | 10 |
| (g) This Section repeals 3 years after the beginning date | 11 |
| of operation of a pilot cooperative elementary school or a | 12 |
| pilot cooperative high school.
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| Section 99. Effective date. This Act takes effect July 1, | 14 |
| 2010.
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