Full Text of SB1287 101st General Assembly
SB1287eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 10-21.4 as follows:
| 6 | | (105 ILCS 5/10-21.4) (from Ch. 122, par. 10-21.4)
| 7 | | Sec. 10-21.4. Superintendent - Duties ; shared | 8 | | administrators . | 9 | | (a) Except in districts
in which there is only one school | 10 | | with fewer than 4
teachers, to employ a superintendent or share | 11 | | the services of a superintendent as otherwise provided in this | 12 | | Section , who shall have charge
of the administration of the | 13 | | schools under the direction of
the board of education. However, | 14 | | in any school district that has boundaries that lie in 3 | 15 | | counties, one county of which has a population exceeding | 16 | | 1,000,000 inhabitants, that has an enrollment of more than | 17 | | 35,000 students, and that has on staff properly licensed | 18 | | assistant superintendents or directors in the areas of | 19 | | instruction, finance, special education, assessments, and | 20 | | career and technology education, the school board may instead, | 21 | | by a vote of a majority of its full membership, appoint a chief | 22 | | executive officer to serve as its superintendent, who shall be | 23 | | a person of recognized administrative ability and management |
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| 1 | | experience, hold a master's degree, have been employed with the | 2 | | school district for a minimum of 5 years in an administrative | 3 | | capacity, be responsible for the management of the district, | 4 | | and have all other powers and duties of a superintendent as set | 5 | | forth in this Code, but who shall be exempt from the provisions | 6 | | and requirements of Section 21B-15 of this Code for a period of | 7 | | 5 years. | 8 | | (b) Except for a principal or assistant principal, a school | 9 | | board shall, upon passage of a referendum as provided in | 10 | | subsection (c) after submission of a petition signed by no less | 11 | | than 5% of registered voters in the school district in the last | 12 | | consolidated election, or may, by resolution, enter into a | 13 | | joint agreement with other school boards to share the services | 14 | | of a superintendent or other administrator, including, but not | 15 | | limited to, an assistant superintendent, associate | 16 | | superintendent, chief school business official, assistant | 17 | | school business official, special education director or | 18 | | supervisor, assistant special education director or | 19 | | supervisor, general administrator, general supervisor, | 20 | | director or dean, supervisory dean, athletic director, | 21 | | curriculum director, assistant athletic director, or assistant | 22 | | curriculum director. Each school board involved in the joint | 23 | | agreement must agree to the joint agreement by resolution or by | 24 | | passage of a referendum, but not both. A school board is not | 25 | | required to enter into a joint agreement in the same manner as | 26 | | the other school boards in the agreement, as long as the school |
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| 1 | | board agrees to the joint agreement by resolution or by passage | 2 | | of a referendum. The joint agreement must include the amount | 3 | | that each school board shall contribute to the salary of the | 4 | | superintendent or other administrator. The superintendent or | 5 | | other administrator may be employed by one school board, which | 6 | | shall be reimbursed on a mutually agreed-to basis with other | 7 | | school boards that are parties to the joint agreement. The | 8 | | joint agreement must contain clear and equitable funding | 9 | | formulas covering each school district's obligations. The | 10 | | joint agreement may be amended at any time as provided in the | 11 | | joint agreement or, if the joint agreement does not so provide, | 12 | | the agreement may be amended at any time upon the adoption of a | 13 | | resolution (if the original joint agreement was entered into | 14 | | upon adoption of a resolution) or the passage of a referendum | 15 | | (if the original joint agreement was entered into upon passage | 16 | | of a referendum) in all member school districts. A fully | 17 | | executed copy of the joint agreement shall be filed with the | 18 | | State Board of Education and each applicable regional office of | 19 | | education. The State Board of Education must provide technical | 20 | | support as requested by the school districts or a regional | 21 | | office of education. In the event 3 or more school boards | 22 | | decide to enter into a joint agreement and at least one school | 23 | | board submits a referendum under subsection (c) that does not | 24 | | pass, the agreement between the remaining school boards is | 25 | | still valid. | 26 | | Any savings realized by sharing services under this |
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| 1 | | subsection must be divided equally between classroom needs and | 2 | | property tax relief for the school district's residents. | 3 | | Notwithstanding any other provision of this Section, | 4 | | shared administrator services may not alter an individual | 5 | | school board's authority to make decisions on behalf of a | 6 | | school district. | 7 | | (c) A petition to enter into a joint agreement under | 8 | | subsection (b) shall be filed with the school board's secretary | 9 | | no more than 92 days prior to the election at which the | 10 | | question is to be submitted to the voters. The school board's | 11 | | secretary shall certify the question, and the proper election | 12 | | authority or authorities shall submit the question to the | 13 | | voters. This referendum shall be subject to all other general | 14 | | election law requirements. The proposition shall be in | 15 | | substantially the following form: | 16 | | Shall the (school district) enter into a joint | 17 | | agreement with (other school district or districts) to | 18 | | share the services of a (superintendent or other | 19 | | administrator)? | 20 | | Votes shall be recorded as "Yes" or "No". | 21 | | If a majority of all votes cast on the proposition are in | 22 | | favor of the proposition or the school board adopts a | 23 | | resolution in all affected school districts, the school boards | 24 | | shall enter into a joint agreement. | 25 | | (d) If, within 6 months after passage of a referendum under | 26 | | subsection (c) or adoption of a resolution under subsection |
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| 1 | | (b), the school boards who are parties to the joint agreement | 2 | | are unable to reach an agreement on how they will share the | 3 | | services of a superintendent or other administrator, the | 4 | | regional office of education that has supervision and control | 5 | | of the school districts that are sharing services or, if more | 6 | | than one regional office of education has supervision and | 7 | | control, the regional office of education that has supervision | 8 | | and control of the largest portion of the affected school | 9 | | districts must assist in the development of the joint | 10 | | agreement. | 11 | | (e) A school district wishing to withdraw from a joint | 12 | | agreement under this Section shall obtain from its school board | 13 | | a written resolution approving the withdrawal if the school | 14 | | district entered into the joint agreement by resolution. The | 15 | | withdrawing school district must present a written petition for | 16 | | withdrawal from the joint agreement to the other member school | 17 | | districts within the timelines designated by the joint | 18 | | agreement. Upon approval of the petition by all of the | 19 | | remaining member school districts, the petitioning school | 20 | | district shall be withdrawn from the joint agreement effective | 21 | | the following July 1 and shall provide the State Board of | 22 | | Education written notification of the approved withdrawal. | 23 | | (f) A school district wishing to withdraw from a joint | 24 | | agreement under this Section shall submit to the voters of the | 25 | | district at the next consolidated election the question of | 26 | | whether the school district shall withdraw from the joint |
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| 1 | | agreement if the school district entered into the joint | 2 | | agreement by a referendum vote. In addition, the question shall | 3 | | be submitted to the voters of the district at the next | 4 | | consolidated election upon submission of a petition signed by | 5 | | no less than 5% of registered voters in the district in the | 6 | | last consolidated election. The petition or other school board | 7 | | action shall be filed with the school board's secretary no more | 8 | | than 92 days prior to the election at which the question is to | 9 | | be submitted to the voters. The school board's secretary shall | 10 | | certify the question, and the proper election authority or | 11 | | authorities shall submit the question to the voters. This | 12 | | referendum shall be subject to all other general election law | 13 | | requirements. The proposition shall be in substantially the | 14 | | following form: | 15 | | Shall the (school district) withdraw from the joint | 16 | | agreement with (other school district or districts) and | 17 | | cease sharing the services of a (superintendent or other | 18 | | administrator)? | 19 | | Votes shall be recorded as "Yes" or "No". | 20 | | If a majority of all votes cast on the proposition are in | 21 | | favor of the proposition, the school district shall be | 22 | | withdrawn from the joint agreement effective the following July | 23 | | 1 and shall provide the State Board of Education written | 24 | | notification of the approved withdrawal. | 25 | | (g) In addition to the administrative
duties, the | 26 | | superintendent shall make recommendations to
the board |
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| 1 | | concerning the budget, building plans, the
locations of sites, | 2 | | the selection, retention and dismissal of teachers
and all | 3 | | other employees, the selection of textbooks, instructional | 4 | | material
and courses of study.
However, in districts under a | 5 | | Financial Oversight Panel pursuant to
Section 1A-8 for | 6 | | violating a financial plan, the duties and responsibilities of
| 7 | | the superintendent in relation to the financial and business | 8 | | operations of the
district shall be approved by the Panel. In | 9 | | the event the Board refuses or
fails to follow a directive or | 10 | | comply with an information request of the Panel,
the | 11 | | performance of those duties shall be subject to the direction | 12 | | of the
Panel.
The superintendent shall also notify the State | 13 | | Board
of Education, the board and the chief administrative | 14 | | official, other than
the alleged perpetrator himself, in the | 15 | | school where the alleged
perpetrator serves, that any person | 16 | | who is employed in a school or
otherwise comes into frequent | 17 | | contact with children
in the school has been named as a | 18 | | perpetrator in an indicated report filed
pursuant to the Abused | 19 | | and Neglected Child Reporting Act, approved June 26,
1975, as | 20 | | amended. The superintendent shall keep or cause to be kept the
| 21 | | records and accounts as directed and required by the board, aid | 22 | | in making
reports required by the board, and perform such other | 23 | | duties as the board
may delegate to him.
| 24 | | In addition, each year at a time designated by the State | 25 | | Superintendent of Education,
each
superintendent shall report | 26 | | to the State Board of Education the number of high school |
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| 1 | | students in the
district who are enrolled in accredited courses | 2 | | (for which high school
credit will be awarded upon successful | 3 | | completion of the courses) at any
community college, together | 4 | | with the name and number of the course or
courses which each | 5 | | such student is taking.
| 6 | | (h) The provisions of this Section shall also apply to
| 7 | | board of director districts.
| 8 | | (i) Notice of intent not to renew
a contract must be given | 9 | | in writing stating the
specific reason therefor by April 1 of | 10 | | the contract
year unless the contract specifically provides | 11 | | otherwise.
Failure to do so will automatically extend the | 12 | | contract
for an additional year. Within 10 days after receipt | 13 | | of
notice of intent not to renew a contract, the superintendent
| 14 | | may request a closed session hearing on the dismissal. At the | 15 | | hearing the
superintendent has the privilege of presenting | 16 | | evidence, witnesses and
defenses on the grounds for dismissal.
| 17 | | The provisions of this paragraph shall not apply to a district | 18 | | under a
Financial Oversight Panel pursuant to Section 1A-8 for | 19 | | violating a financial
plan.
| 20 | | (Source: P.A. 99-846, eff. 6-1-17 .)
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