Full Text of HB1324 94th General Assembly
HB1324eng 94TH 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 changing Sections | 5 |
| 10-21.12, 10-22.22, and 10-22.22b as follows:
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| (105 ILCS 5/10-21.12) (from Ch. 122, par. 10-21.12)
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| Sec. 10-21.12. Transfer of teachers. The employment of a | 8 |
| teacher
transferred from one board or administrative agent to | 9 |
| the control of a new
or different board or administrative agent | 10 |
| shall be considered continuous
employment if such
transfer of | 11 |
| employment occurred by reason of any of the following events:
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| (1) a boundary change or the creation or reorganization of | 13 |
| any school
district pursuant to Article 7, 7A, 11A or 11B; or
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| (2) the deactivation or reactivation of any high school or | 15 |
| elementary school pursuant to
Section 10-22.22b; or
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| (3) the creation, expansion, reduction or dissolution of a | 17 |
| special
education program pursuant
to Section 10-22.31, or the | 18 |
| creation, expansion, reduction or dissolution of a joint
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| educational program established under Section 10-22.31a; or
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| (4) the creation, expansion, reduction, termination or | 21 |
| dissolution of
any joint agreement program operated by a | 22 |
| regional superintendent,
governing board, or other | 23 |
| administrative agent or any program operated
pursuant to an | 24 |
| Intergovernmental Joint Agreement. The changes made by this
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| amendatory Act of 1990 are declaratory of existing law.
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| (Source: P.A. 86-1441.)
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| (105 ILCS 5/10-22.22) (from Ch. 122, par. 10-22.22)
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| Sec. 10-22.22. Transportation for pupils-Tuition.
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| To provide free transportation for pupils, and where in its | 30 |
| judgment the
interests of the district and of the pupils | 31 |
| therein will be best subserved
by so doing the school board may |
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| permit the pupils in the district or in
any particular grade to | 2 |
| attend the schools of other districts and may
permit any pupil | 3 |
| to attend an area secondary vocational school operated by
a | 4 |
| public school district or a public or non-public vocational | 5 |
| school within
the State of Illinois or adjacent states approved | 6 |
| by the Board of
Vocational Education, and may provide free | 7 |
| transportation for such pupils
and shall pay the tuition of | 8 |
| such pupils in the schools attended; such
tuition shall be | 9 |
| based upon per capita cost computed in the following
manner: | 10 |
| The cost of conducting and maintaining any area secondary
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| vocational school facility shall be first determined and shall | 12 |
| include the
following expenses applicable only to such | 13 |
| educational facility under rules
and regulations established | 14 |
| by the Board of Vocational Education and
Rehabilitation as | 15 |
| follows:
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| a. Salaries of teachers, vocational counselors, and | 17 |
| supporting
professional workers, necessary non-certified | 18 |
| workers, clerks, custodial
employees, and any district taxes | 19 |
| specifically for their pension and
retirement benefits.
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| b. Equipment and supplies necessary for program operation.
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| c. Administrative costs.
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| d. Operation of physical plant, including heat, light, | 23 |
| water, repairs,
and maintenance.
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| e. Auxiliary service, not including any transportation | 25 |
| cost.
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| From such total cost thus determined there shall be | 27 |
| deducted the State
reimbursement due on account of such | 28 |
| educational facility for the same
year, not including any State | 29 |
| reimbursement for area secondary vocational
school | 30 |
| transportation. Such net cost shall be divided by the average | 31 |
| number
of pupils in average daily attendance in such area | 32 |
| secondary vocational
school facility for the school year in | 33 |
| order to arrive at the net per
capita tuition cost. Such costs | 34 |
| shall be computed on pupils regularly
enrolled in an area | 35 |
| secondary vocational school on the basis of one-sixth
day for | 36 |
| every class hour attended pursuant to such enrollment. |
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| Provided,
that the board subject to the approval of the county | 2 |
| superintendent of
schools may determine what schools outside of | 3 |
| their district such pupils
shall attend. This section does not | 4 |
| require the board of directors or board
of education of any | 5 |
| district to admit pupils from another district.
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| Notwithstanding any provisions in this section every school | 7 |
| board shall
maintain an elementary school within the district.
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| (Source: P.A. 76-1522.)
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| (105 ILCS 5/10-22.22b) (from Ch. 122, par. 10-22.22b)
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| Sec. 10-22.22b. (a) The provisions of this subsection shall | 11 |
| not apply
to the deactivation of a high school facility under | 12 |
| subsection (c). Where in
its judgment the interests of the | 13 |
| district and of the students therein will be
best served, to | 14 |
| deactivate any high school facility or elementary school | 15 |
| facility in the district and send
the students of such high | 16 |
| school in grades 9 through 12 or such elementary school in | 17 |
| grades kindergarten through 8, as applicable, to schools in | 18 |
| other
districts. Such action may be taken only with the | 19 |
| approval of the voters in
the district and the approval, by | 20 |
| proper resolution, of the school board of the
receiving | 21 |
| district. The board of the district contemplating deactivation
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| shall, by proper resolution, cause the proposition
to | 23 |
| deactivate the high school facility to be submitted to the
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| voters of the district at a regularly scheduled election. | 25 |
| Notice shall be
published at least 10 days prior to the date of | 26 |
| the election at least once
in one or more newspapers published | 27 |
| in the district or, if no newspaper
is published in the | 28 |
| district, in one or more newspapers with a general
circulation | 29 |
| within the district. The notice shall be substantially in the
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| following form:
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| NOTICE OF REFERENDUM TO
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| DEACTIVATE THE ... HIGH SCHOOL FACILITY
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| IN SCHOOL DISTRICT NO. ........
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| Notice is hereby given that on (insert date), a referendum | 35 |
| will be held in
........ County (Counties) for the purpose
of |
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| voting for or against the proposition to deactivate the ...... | 2 |
| High School
facility in School District No. ...... and to send | 3 |
| pupils in ...... High School
to School District(s) No. .......
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| The polls will be open at .... o'clock ... m., and close at | 5 |
| .... o'clock
... m. of the same day.
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| A............ B...............
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| Dated (insert date).
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| Regional Superintendent of Schools
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| The proposition shall be in substantially the following form:
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| -------------------------------------------------------------
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| Shall the Board
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| of Education of School
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| District No. ...., YES
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| ..... County, Illinois, be
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| authorized to deactivate -------------------------
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| the .... High School facility
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| and to send pupils in ....... NO
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| High School to School
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| District(s) No. .....?
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| -------------------------------------------------------------
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| If the majority of those voting upon the proposition in the | 22 |
| district
contemplating deactivation vote in favor of the | 23 |
| proposition, the board of
that district, upon approval of the | 24 |
| board of the receiving district, shall
execute a contract with | 25 |
| the receiving district providing for the reassignment
of | 26 |
| students to the receiving district. If the deactivating | 27 |
| district seeks to
send its students to more than one district, | 28 |
| it shall execute a contract with
each receiving district. The | 29 |
| length of the contract shall be for 2 school
years, but the | 30 |
| districts may renew the contract for additional one year or 2
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| year periods. Contract renewals shall be executed by January 1 | 32 |
| of the year in
which the existing contract expires. If the | 33 |
| majority of those voting upon the
proposition do not vote in | 34 |
| favor of the proposition, the school facility may
not be | 35 |
| deactivated.
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| The sending district shall pay to the receiving district an | 2 |
| amount agreed
upon by the 2 districts.
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| When the deactivation of high school facilities becomes | 4 |
| effective
pursuant to this Section, the provisions of Section | 5 |
| 24-12 relative to the
contractual continued service status of | 6 |
| teachers having contractual
continued service whose positions | 7 |
| are transferred from one board to the
control of a different | 8 |
| board shall apply, and the positions at the high
school | 9 |
| facilities being deactivated held by teachers, as that term is
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| defined in Section 24-11, having contractual continued service | 11 |
| with the
school district at the time of the deactivation shall | 12 |
| be transferred to the
control of the board or boards who shall | 13 |
| be receiving the district's high
school students on the | 14 |
| following basis:
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| (1) positions of such teachers in contractual | 16 |
| continued service that
were full time positions shall be | 17 |
| transferred to the control of whichever
of such boards such | 18 |
| teachers shall request with the teachers making such
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| requests proceeding in the order of those with the greatest | 20 |
| length of
continuing service with the board to those with | 21 |
| the shortest length of
continuing service with the board, | 22 |
| provided that the number selecting one
board over another | 23 |
| board or other boards shall not exceed that proportion
of | 24 |
| the high school students going to such board or boards; and
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| (2) positions of such teachers in contractual | 26 |
| continued service that
were full time positions and as to | 27 |
| which there is no selection left under
subparagraph 1 | 28 |
| hereof shall be transferred to the appropriate board.
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| The contractual continued service status of any teacher | 30 |
| thereby
transferred to another district is not lost and the | 31 |
| receiving board is
subject to the School Code with respect to | 32 |
| such transferred teacher in the
same manner as if such teacher | 33 |
| was the district's employee during the time
such teacher was | 34 |
| actually employed by the board of the deactivating
district | 35 |
| from which the position was transferred.
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| (b) The provisions of this subsection shall not apply to |
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| the
reactivation of a high school facility which is deactivated | 2 |
| under
subsection (c). The sending district may, with the | 3 |
| approval
of the voters in the district, reactivate the high
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| school facility which was
deactivated. The board of the | 5 |
| district seeking to reactivate the school
facility shall, by | 6 |
| proper resolution, cause the proposition to reactivate to be
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| submitted to the voters of the district at a regularly | 8 |
| scheduled election.
Notice shall be published at least 10 days | 9 |
| prior to the date of the election at
least once in one or more | 10 |
| newspapers published in the district or, if no
newspaper is | 11 |
| published in the district, in one or more newspapers with a
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| general circulation within the district. The notice shall be | 13 |
| substantially in
the following form:
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| NOTICE OF REFERENDUM TO
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| REACTIVATE THE ...... HIGH SCHOOL FACILITY
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| IN SCHOOL DISTRICT NO. ......
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| Notice is hereby given that on (insert date), a referendum | 18 |
| will be held in ...... County (Counties) for the purpose
of | 19 |
| voting for or against the proposition to reactivate the ..... | 20 |
| High School
facility in School District No. ..... and to | 21 |
| discontinue sending pupils of
School District No. ...... to | 22 |
| School District(s) No. .....
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| The polls will be opened at ... o'clock .. m., and closed | 24 |
| at ... o'clock ..
m. of the same day.
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| A............. B............
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| Dated (insert date).
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| Regional Superintendent of Schools
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| The proposition shall be in substantially the following form:
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| -------------------------------------------------------------
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| Shall the Board
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| of Education of School YES
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| District No. ......,
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| ...... County, Illinois,
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| be authorized to -------------------
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| reactivate the .... High School
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| facility and to discontinue sending
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| pupils of School District No. .... NO
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| to School District(s) No. ......?
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| -------------------------------------------------------------
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| (c) The school board of any unit school district which | 6 |
| experienced a
strike by a majority of its certified employees | 7 |
| that endured for over 6
months during the regular school term | 8 |
| of the 1986-1987 school year, and
which during the ensuing | 9 |
| 1987-1988 school year had an enrollment in grades 9
through 12 | 10 |
| of less than 125 students may, when in its judgment the
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| interests of the district and of the students therein will be | 12 |
| best served
thereby, deactivate the high school facilities | 13 |
| within the district for the
regular term of the 1988-1989 | 14 |
| school year and, for that school year only,
send the students | 15 |
| of such high school in grades 9 through 12 to schools in
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| adjoining or adjacent districts. Such action may only be taken: | 17 |
| (a) by
proper resolution of the school board deactivating its | 18 |
| high school
facilities and the approval, by proper resolution, | 19 |
| of the school board of
the receiving district or districts, and | 20 |
| (b) pursuant to a contract between
the sending and each | 21 |
| receiving district, which contract or contracts: (i)
shall | 22 |
| provide for the reassignment of all students of the deactivated | 23 |
| high
school in grades 9 through 12 to the receiving district or | 24 |
| districts; (ii)
shall apply only to the regular school term of | 25 |
| the 1988-1989 school year;
(iii) shall not be subject to | 26 |
| renewal or extension; and (iv) shall require
the sending | 27 |
| district to pay to the receiving district the cost of educating
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| each student who is reassigned to the receiving district, such | 29 |
| costs to be
an amount agreed upon by the sending and receiving | 30 |
| district but not less
than the per capita cost of maintaining | 31 |
| the high school in the receiving
district during the 1987-1988 | 32 |
| school year. Any high school facility
deactivated pursuant to | 33 |
| this subsection for the regular school term of the
1988-1989 | 34 |
| school year shall be reactivated by operation of law as of the
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| end of the regular term of the 1988-1989 school year. The | 36 |
| status as a unit
school district of a district which |
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| deactivates its high school facilities
pursuant to this | 2 |
| subsection shall not be affected by reason of such
deactivation | 3 |
| of its high school facilities and such district shall continue
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| to be deemed in law a school district maintaining grades | 5 |
| kindergarten
through 12 for all purposes relating to the levy, | 6 |
| extension, collection and
payment of the taxes of the district | 7 |
| under Article 17 for the 1988-1989
school year.
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| (d) Whenever a high school facility is reactivated pursuant
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| to the provisions of this Section, then all teachers in | 10 |
| contractual
continued service who were honorably dismissed or | 11 |
| transferred as part of
the deactivation process, in addition to | 12 |
| other rights they may have under
the School Code, shall be | 13 |
| recalled or transferred back to the original
district.
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| (Source: P.A. 91-357, eff. 7-29-99 .)
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.
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