State of Illinois
91st General Assembly
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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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