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Public Act 91-0063
HB0131 Enrolled LRB9100820NTsb
AN ACT to amend the School Code by changing Section
10-22.22c.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing
Section 10-22.22c as follows:
(105 ILCS 5/10-22.22c) (from Ch. 122, par. 10-22.22c)
Sec. 10-22.22c. (a) Subject to the following provisions
of this Section two or more contiguous school districts each
of which has an enrollment in grades 9 through 12 of less
than 600 students may, when in their judgment the interest of
the districts and of the students therein will be best
served, jointly operate one or more cooperative high schools
school attendance centers. Such action shall be taken for a
minimum period of 20 5 school years, and may be taken only
with the approval of the voters of each district. A district
with 600 or more students enrolled in grades 9 through 12 may
qualify for inclusion with one or more districts having less
than 600 such students by receiving a size waiver from the
State Board of Education based on a finding that such
inclusion would significantly increase the educational
opportunities of the district's students, and by meeting the
other prerequisites of this Section. The board of each
district contemplating such joint operation shall, by proper
resolution, cause the proposition to enter into such joint
operation to be submitted to the voters of the district at a
regularly scheduled election. Notice shall be published at
least 10 days prior to the date of the election at least once
in one or more newspapers published in the district or, if no
newspaper is published in the district, in one or more
newspapers with a general circulation within the district.
The notice shall be substantially in the following form:
NOTICE OF REFERENDUM FOR SCHOOL DISTRICT
NO. ....... AND SCHOOL DISTRICT NO. .......
TO JOINTLY OPERATE (A) COOPERATIVE HIGH
SCHOOL (SCHOOLS) ATTENDANCE CENTER (CENTERS)
Notice is hereby given that on (insert date), the .......
day of ......., 19...., a referendum will be held in .......
County (Counties) for the purpose of voting for or against
the proposition for School District No. ....... and School
District No. ....... to jointly operate (a) cooperative high
school (schools) attendance center (centers).
The polls will be open at ....... o'clock ....... m., and
close at ....... o'clock ....... m., of the same day.
A ........ B ........
Dated (insert date).
this ....... day of ......., 19......
Regional Superintendent of Schools
The proposition shall be in substantially the following
form:
-------------------------------------------------------------
Shall the Board of Education of
School District No. ...., ..... YES
County (Counties), Illinois be
authorized to enter with
into an agreement with School ----------------------
District No. ...., .... County
(Counties), Illinois to jointly
operate (a) cooperative high NO
school (schools) attendance center (centers)?
-------------------------------------------------------------
If the majority of those voting on the proposition in each
district vote in favor of the proposition, the school boards
of the participating districts may, if they agree on terms,
execute a contract for such joint operation subject to the
following provisions of this Section.
(b) The agreement for joint operation of any such
cooperative high school attendance center shall be executed
on forms provided by the State Board of Education and shall
include, but not be limited to, a process to resolve disputes
on matter which each participating district cannot agree,
provisions for administration, staff, programs, financing,
facilities, and transportation subject to the provisions of
this Section. Such agreements may be modified, extended, or
terminated by approval of each of the participating
districts, provided that a district may withdraw from the
agreement during its initial 20-year term only if the
district is reorganizing with one or more districts under
other provisions of this Code. Even if 2 or more of the
participating district boards approve an extension of the
agreement, any other participating district shall, upon
failure of its board to approve such extension, disengage
from such participation at the end of the then current
agreement term.
(c) A governing An advisory board, which shall govern
the operation of any such cooperative high school attendance
center, shall be composed of an equal number of board members
from each of the participating districts, except that where
all participating district boards concur, membership on the
governing advisory board may be apportioned to reflect the
number of students in each respective district who attend the
cooperative high school. The membership of the governing
advisory board shall be not less than 6 nor more than 10 and
shall be set by the agreement entered into by the
participating districts. The school board of each
participating district shall select, from its membership, its
representatives on the governing advisory board. The
governing advisory board shall prepare and adopt recommend a
budget for the cooperative high school attendance center
which must be approved by each of the participating
districts. The governing board shall administer the
cooperative high school in accordance with the agreement of
the districts and shall have the power to hire, supervise,
and terminate staff; to enter into contracts; to adopt
policies for the school; and to take all other actions
necessary and proper for the operation of the school.
However, the governing board may not levy taxes or incur any
indebtedness except within the annual budget approved by the
participating districts.
(d) (Blank). Each participating school district shall
provide any necessary transportation for students residing in
the district, or enter into an agreement with the other
participating districts for transportation of its students.
(e) Each participating district shall pay its per capita
cost of educating the students residing in its district and
attending any such cooperative high school attendance center
into the budget for the maintenance and operation of the
cooperative high school attendance center or centers.
The manner of determining Such per capita cost shall be
set forth in the agreement. Each district shall pay the
amount owed the governing board under the terms of the
agreement from the fund that the district would have used if
the district had incurred the costs directly and may levy
taxes and issue bonds as otherwise authorized for these
purposes in order to make payments to the governing board.
computed in the following manner. The cost of operating and
maintaining each such cooperative high school attendance
center shall be first determined by the advisory board and
shall include the following expenses applicable only to each
such attendance center under rules and regulations
established by the State Board of Education as follows:
(1) Salaries of principals, teachers, professional
workers, necessary noncertified workers, clerks, librarians,
custodial employees, and any district taxes levied
specifically for their pension and retirement benefits.
(2) Educational supplies and equipment, including
textbooks.
(3) Administrative costs and communication.
(4) Operation of physical plant, including heat, light,
water, repairs, and maintenance.
(5) Auxiliary service, including up to 20% of
unreimbursed transportation costs.
(6) Depreciation of physical facilities at a rate not to
exceed $200 per pupil.
(f) Additional school districts having an enrollment in
grades 9 through 12 of less than 600 students may be added to
the agreement in accordance with the process described in
subsection (a) of this Section. In the event additional
districts are added, a new contract shall be executed in
accordance with the provisions of this Section.
(g) Upon formation of the cooperative high school, the
school board of each participating district shall:
(1) confer and coordinate with each other and the
governing board, if the governing board is then in
existence, as to staffing needs for the cooperative high
school;
(2) in consultation with any exclusive employee
representatives and the governing board, if the governing
board is then in existence, establish a combined list of
teachers in all participating districts, categorized by
positions, showing the length of service and the
contractual continued service status, if any, of each
teacher in each participating district who is qualified
to hold any such positions at the cooperative high
school, and then distribute this list to the exclusive
employee representatives on or before February 1 of the
school year prior to the commencement of the operation of
the cooperative high school or within 30 days after the
date of the referendum election if the proposition
receives a majority of those voting in each district,
whichever occurs first. This list is in addition to and
not a substitute for the list mandated by Section 24-12
of this Code; and
(3) transfer to the governing board of the
cooperative high school the employment and the position
of so many of the full-time or part-time high school
teachers employed by a participating district as are
jointly determined by the school boards of the
participating districts and the governing board, if the
governing board is then in existence, to be needed at the
cooperative high school, provided that these teacher
transfers shall be done:
(A) by categories listed on the seniority list
mentioned in subdivision (2) of this subsection (g);
(B) in each category, by having teachers in
contractual continued service being transferred
before any teachers who are not in contractual
continued service; and
(C) in order from greatest seniority first
through lesser amounts of seniority.
A teacher who is not in contractual continued service
shall not be transferred if there is a teacher in contractual
continued service in the same category who is qualified to
hold the position that is to be filled.
If there are more teachers who have entered upon
contractual continued service than there are available
positions at the cooperative high school or within other
assignments in the district, a school board shall first
remove or dismiss all teachers who have not entered upon
contractual continued service before removing or dismissing
any teacher who has entered upon contractual continued
service and who is legally qualified (i) to hold a position
at the cooperative high school planned to be held by a
teacher who has not entered upon contractual continued
service or (ii) to hold another position in the participating
district. As between teachers who have entered upon
contractual continued service, the teacher or teachers with
the shorter length of continuing service in any of the
participating districts shall be dismissed first. Any
teacher dismissed as a result of such a decrease shall be
paid all earned compensation on or before the third business
day following the last day of pupil attendance in the regular
school term. If the school board that has dismissed a
teacher or the governing board has any vacancies for the
following school term or within one calendar year from the
beginning of the following school term, the positions thereby
becoming available shall be tendered to the teachers so
removed or dismissed so far as they are legally qualified to
hold such positions. However, if the number of honorable
dismissal notices in all participating districts exceeds 15%
of full-time equivalent positions filled by certified
employees (excluding principals and administrative personnel)
during the preceding school year in all participating
districts and if the school board that has dismissed a
teacher or the governing board has any vacancies for the
following school term or within 2 calendar years from the
beginning of the following school term, the positions so
becoming available shall be tendered to the teachers who were
so notified, removed, or dismissed whenever these teachers
are legally qualified to hold such positions.
The provisions of Section 24-12 of this Code concerning
teachers whose positions are transferred from one board to
the control of a different board shall apply to the teachers
who are transferred. The contractual continued service of
any transferred teacher is not lost and the governing board
is subject to this Code with respect to the teacher in the
same manner as if the teacher had been the governing board's
employee during the time the teacher was actually employed by
the board of the district from which the position and the
teacher's employment were transferred. The time spent in
employment with a participating district by any teacher who
has not yet entered upon contractual continued service and
who is transferred to the governing board is not lost when
computing the time necessary for the teacher to enter upon
contractual continued service, and the governing board is
subject to this Code with respect to the teacher in the same
manner as if the teacher had been the governing board's
employee during the time the teacher was actually employed by
the school board from which the position and the teacher's
employment were transferred.
If the cooperative high school is dissolved, any teacher
who was transferred from a participating district shall be
transferred back to the district and Section 24-12 of this
Code shall apply. In that case, a district is subject to
this Code in the same manner as if the teacher transferred
back had been continuously in the service of the receiving
district. Administrators, teachers and other staff assigned
to the cooperative high school attendance center or centers
by participating school districts shall continue to be
subject to employment by and to maintain all rights,
privileges and benefits in the districts from which they were
assigned, however, the participating districts may jointly
employ a principal to oversee the administration of the
cooperative high school attendance center agreement provided
the principal does not have authority to employ or terminate
the employment of other personnel.
(h) Upon formation of the cooperative high school, the
school board of each participating district shall:
(1) confer and coordinate with each other and the
governing board, if the governing board is then in
existence, as to needs for educational support personnel
for the cooperative high school;
(2) in consultation with any exclusive employee
representative or bargaining agent and the governing
board, if the governing board is then in existence,
establish a combined list of educational support
personnel in participating districts, categorized by
positions, showing the length of continuing service of
each full-time educational support personnel employee who
is qualified to hold any such position at the cooperative
high school, and then distribute this list to the
exclusive employee representative or bargaining agent on
or before February 1 of the school year prior to the
commencement of the operation of the cooperative high
school or within 30 days after the date of the referendum
election if the proposition receives a majority of those
voting in each district, whichever occurs first; and
(3) transfer to the governing board of the
cooperative high school the employment and the positions
of so many of the full-time educational support personnel
employees employed by a participating district as are
jointly determined by the school boards of the
participating districts and the governing board, if the
governing board is then in existence, to be needed at the
cooperative high school, provided that the full-time
educational personnel employee transfers shall be done by
categories on the seniority list mentioned in subdivision
(2) of this subsection (h) and done in order from
greatest seniority first through lesser amounts of
seniority.
If there are more full-time educational support personnel
employees than there are available positions at the
cooperative high school or in the participating district, a
school board shall first remove or dismiss those educational
support personnel employees with the shorter length of
continuing service in any of the participating districts,
within the respective category of position. The governing
board is subject to this Code with respect to the educational
support personnel employee as if the educational support
personnel employee had been the governing board's employee
during the time the educational support personnel employee
was actually employed by the school board of the district
from which the employment and position were transferred. Any
educational support personnel employee dismissed as a result
of such a decrease shall be paid all earned compensation on
or before the third business day following his or her last
day of employment. If the school board that has dismissed the
educational support personnel employee or the governing board
has any vacancies for the following school term or within one
calendar year from the beginning of the following school
term, the positions thereby becoming available within a
specific category of position shall be tendered to the
employees so removed or dismissed from that category of
position so far as they are legally qualified to hold such
positions. If the cooperative high school is dissolved, any
educational support personnel employee who was transferred
from a participating district shall be transferred back to
the district and Section 10-23.5 of this Code shall apply.
In that case, a district is subject to this Code in the same
manner as if the educational support personnel employee
transferred back had been continuously in the service of the
receiving district.
(Source: P.A. 85-759; 85-1005; revised 10-20-98.)
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