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91_HB0131
LRB9100820NTsb
1 AN ACT to amend the School Code by changing Section
2 10-22.22c.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Section 10-22.22c as follows:
7 (105 ILCS 5/10-22.22c) (from Ch. 122, par. 10-22.22c)
8 Sec. 10-22.22c. (a) Subject to the following provisions
9 of this Section two or more contiguous school districts each
10 of which has an enrollment in grades 9 through 12 of less
11 than 600 students may, when in their judgment the interest of
12 the districts and of the students therein will be best
13 served, jointly operate one or more cooperative high schools
14 school attendance centers. Such action shall be taken for a
15 minimum period of 20 5 school years, and may be taken only
16 with the approval of the voters of each district. A district
17 with 600 or more students enrolled in grades 9 through 12 may
18 qualify for inclusion with one or more districts having less
19 than 600 such students by receiving a size waiver from the
20 State Board of Education based on a finding that such
21 inclusion would significantly increase the educational
22 opportunities of the district's students, and by meeting the
23 other prerequisites of this Section. The board of each
24 district contemplating such joint operation shall, by proper
25 resolution, cause the proposition to enter into such joint
26 operation to be submitted to the voters of the district at a
27 regularly scheduled election. Notice shall be published at
28 least 10 days prior to the date of the election at least once
29 in one or more newspapers published in the district or, if no
30 newspaper is published in the district, in one or more
31 newspapers with a general circulation within the district.
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1 The notice shall be substantially in the following form:
2 NOTICE OF REFERENDUM FOR SCHOOL DISTRICT
3 NO. ....... AND SCHOOL DISTRICT NO. .......
4 TO JOINTLY OPERATE (A) COOPERATIVE HIGH
5 SCHOOL (SCHOOLS) ATTENDANCE CENTER (CENTERS)
6 Notice is hereby given that on (insert date), the .......
7 day of ......., 19...., a referendum will be held in .......
8 County (Counties) for the purpose of voting for or against
9 the proposition for School District No. ....... and School
10 District No. ....... to jointly operate (a) cooperative high
11 school (schools) attendance center (centers).
12 The polls will be open at ....... o'clock ....... m., and
13 close at ....... o'clock ....... m., of the same day.
14 A ........ B ........
15 Dated (insert date).
16 this ....... day of ......., 19......
17 Regional Superintendent of Schools
18 The proposition shall be in substantially the following
19 form:
20 -------------------------------------------------------------
21 Shall the Board of Education of
22 School District No. ...., ..... YES
23 County (Counties), Illinois be
24 authorized to enter with
25 into an agreement with School ----------------------
26 District No. ...., .... County
27 (Counties), Illinois to jointly
28 operate (a) cooperative high NO
29 school (schools) attendance center (centers)?
30 -------------------------------------------------------------
31 If the majority of those voting on the proposition in each
32 district vote in favor of the proposition, the school boards
33 of the participating districts may, if they agree on terms,
34 execute a contract for such joint operation subject to the
-3- LRB9100820NTsb
1 following provisions of this Section.
2 (b) The agreement for joint operation of any such
3 cooperative high school attendance center shall be executed
4 on forms provided by the State Board of Education and shall
5 include, but not be limited to, a process to resolve disputes
6 on matter which each participating district cannot agree,
7 provisions for administration, staff, programs, financing,
8 facilities, and transportation subject to the provisions of
9 this Section. Such agreements may be modified, extended, or
10 terminated by approval of each of the participating districts
11 , provided that a district may withdraw from the agreement
12 during its initial 20-year term only if the district is
13 consolidating with one or more districts under other
14 provisions of this Code. Even if 2 or more of the
15 participating district boards approve an extension of the
16 agreement, any other participating district shall, upon
17 failure of its board to approve such extension, disengage
18 from such participation at the end of the then current
19 agreement term.
20 (c) A governing An advisory board, which shall govern
21 the operation of any such cooperative high school attendance
22 center, shall be composed of an equal number of board members
23 from each of the participating districts, except that where
24 all participating district boards concur, membership on the
25 governing advisory board may be apportioned to reflect the
26 number of students in each respective district who attend the
27 cooperative high school. The membership of the governing
28 advisory board shall be not less than 6 nor more than 10.
29 The school board of each participating district shall select,
30 from its membership, its representatives on the governing
31 advisory board. The governing advisory board shall prepare
32 and recommend a budget for the cooperative high school
33 attendance center which must be approved by each of the
34 participating districts. The governing board shall
-4- LRB9100820NTsb
1 administer the cooperative high school in accordance with the
2 agreement of the districts and shall have the power to hire,
3 supervise, and terminate staff; to enter into contracts; to
4 adopt policies for the school; and to take all other actions
5 necessary and proper for the operation of the school.
6 However, the governing board may not levy taxes or incur any
7 indebtedness except within the annual budget approved by the
8 participating districts.
9 (d) (Blank). Each participating school district shall
10 provide any necessary transportation for students residing in
11 the district, or enter into an agreement with the other
12 participating districts for transportation of its students.
13 (e) Each participating district shall pay its per capita
14 cost of educating the students residing in its district and
15 attending any such cooperative high school attendance center
16 into the budget for the maintenance and operation of the
17 cooperative high school attendance center or centers.
18 The manner of determining Such per capita cost shall be
19 set forth in the agreement. Each district shall pay the
20 amount owed the governing board under the terms of the
21 agreement from the fund that the district would have used if
22 the district had incurred the costs directly and may levy
23 taxes and issue bonds as otherwise authorized for these
24 purposes in order to make payments to the governing board.
25 computed in the following manner. The cost of operating and
26 maintaining each such cooperative high school attendance
27 center shall be first determined by the advisory board and
28 shall include the following expenses applicable only to each
29 such attendance center under rules and regulations
30 established by the State Board of Education as follows:
31 (1) Salaries of principals, teachers, professional
32 workers, necessary noncertified workers, clerks, librarians,
33 custodial employees, and any district taxes levied
34 specifically for their pension and retirement benefits.
-5- LRB9100820NTsb
1 (2) Educational supplies and equipment, including
2 textbooks.
3 (3) Administrative costs and communication.
4 (4) Operation of physical plant, including heat, light,
5 water, repairs, and maintenance.
6 (5) Auxiliary service, including up to 20% of
7 unreimbursed transportation costs.
8 (6) Depreciation of physical facilities at a rate not to
9 exceed $200 per pupil.
10 (f) Additional school districts having an enrollment in
11 grades 9 through 12 of less than 600 students may be added to
12 the agreement in accordance with the process described in
13 subsection (a) of this Section. In the event additional
14 districts are added, a new contract shall be executed in
15 accordance with the provisions of this Section.
16 (g) Upon formation of the cooperative high school, the
17 position of each full-time high school teacher employed by a
18 participating district and having contractual continued
19 service shall be transferred to the governing board of the
20 cooperative high school. However, if this would result in
21 more teachers being transferred to the governing board than
22 available positions at the cooperative high school, the
23 teachers having the least seniority among all the
24 participating districts for the available positions shall not
25 be transferred.
26 The provisions of Section 24-12 of this Code concerning
27 teachers having contractual continued service whose positions
28 are transferred from one board to the control of a different
29 board shall apply to the teachers who are transferred. The
30 contractual continued service of any transferred teacher is
31 not lost and the governing board is subject to this Code with
32 respect to the teacher in the same manner as if the teacher
33 had been the governing board's employee during the time the
34 teacher was actually employed by the board of the district
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1 from which the position was transferred.
2 If the cooperative high school is dissolved, any teacher
3 who was transferred from a participating district shall be
4 transferred back to the district and Section 24-12 of this
5 Code shall apply. Administrators, teachers and other staff
6 assigned to the cooperative high school attendance center or
7 centers by participating school districts shall continue to
8 be subject to employment by and to maintain all rights,
9 privileges and benefits in the districts from which they were
10 assigned, however, the participating districts may jointly
11 employ a principal to oversee the administration of the
12 cooperative high school attendance center agreement provided
13 the principal does not have authority to employ or terminate
14 the employment of other personnel.
15 (Source: P.A. 85-759; 85-1005; revised 10-20-98.)