Full Text of SB3418 100th General Assembly
SB3418 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB3418 Introduced 2/16/2018, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/10-21.4 | from Ch. 122, par. 10-21.4 |
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Amends the School Code. Provide that a school board may, by resolution, enter into a joint agreement with other school boards to share the services of a superintendent or other administrators. Provides that the question of whether a school board shall enter into a joint agreement with other school boards for shared services of a superintendent or other administrators shall be submitted to the voters of each affected school district at the next consolidated election only upon submission of a petition signed by no less than 10% of the registered voters in each affected school district. Provides that a school district wishing to withdraw from a joint agreement may obtain from its school board a written resolution approving the withdrawal and shall present the petition for withdrawal to the other member school districts within the timelines designated by the joint agreement. Specifies procedures if a school district's petition for withdrawal is not approved and the school district is part of a Class II county school unit outside of a city with 500,000 or more inhabitants.
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| | A BILL FOR |
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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. | 8 | | (a) Except in districts
in which there is only one school | 9 | | with fewer than 4
teachers, to employ a superintendent or share | 10 | | the services of a superintendent as otherwise provided in this | 11 | | Section , who shall have charge
of the administration of the | 12 | | schools under the direction of
the board of education. However, | 13 | | in any school district that has boundaries that lie in 3 | 14 | | counties, one county of which has a population exceeding | 15 | | 1,000,000 inhabitants, that has an enrollment of more than | 16 | | 35,000 students, and that has on staff properly licensed | 17 | | assistant superintendents or directors in the areas of | 18 | | instruction, finance, special education, assessments, and | 19 | | career and technology education, the school board may instead, | 20 | | by a vote of a majority of its full membership, appoint a chief | 21 | | executive officer to serve as its superintendent, who shall be | 22 | | a person of recognized administrative ability and management | 23 | | experience, hold a master's degree, have been employed with the |
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| 1 | | school district for a minimum of 5 years in an administrative | 2 | | capacity, be responsible for the management of the district, | 3 | | and have all other powers and duties of a superintendent as set | 4 | | forth in this Code, but who shall be exempt from the provisions | 5 | | and requirements of Section 21B-15 of this Code for a period of | 6 | | 5 years. | 7 | | (b) A school board may, by resolution, enter into a joint | 8 | | agreement with other school boards to share the services of a | 9 | | superintendent or other administrators. Each school board | 10 | | involved in the joint agreement must agree by resolution to the | 11 | | joint agreement. The agreement must include the amount that | 12 | | each school board shall contribute to the salary of the | 13 | | superintendent or administrator. The superintendent or other | 14 | | administrators may be employed by one school board, which shall | 15 | | be reimbursed on a mutually agreed to basis with other school | 16 | | boards that are parties to the joint agreement. The agreement | 17 | | may be amended at any time as provided in the joint agreement | 18 | | or, if the joint agreement does not so provide, the agreement | 19 | | may be amended at any time upon the adoption of concurring | 20 | | resolutions by the school boards of all member school | 21 | | districts. A fully executed copy of the joint agreement shall | 22 | | be filed with the State Board of Education. | 23 | | (c) The question of whether a school board shall enter into | 24 | | a joint agreement under subsection (b) of this Section with | 25 | | other school boards for shared services of a superintendent or | 26 | | other administrators shall be submitted to the voters of each |
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| 1 | | affected school district at the next consolidated election only | 2 | | upon submission of a petition signed by no less than 10% of the | 3 | | registered voters in each affected school district. The | 4 | | petition shall be filed with the applicable election authority, | 5 | | as defined in Section 1-3 of the Election Code or, in the case | 6 | | of multiple election authorities, with the State Board of | 7 | | Elections no more than 10 months and no less than 6 months | 8 | | prior to the election at which the question is to be submitted | 9 | | to the voters, and its validity shall be determined as provided | 10 | | by Article 28 of the Election Code. The election authority or | 11 | | Board, as applicable, shall certify the question and the proper | 12 | | election authority or authorities shall submit the question to | 13 | | the voters. Except as otherwise provided in this Section, this | 14 | | referendum shall be subject to all other general election law | 15 | | requirements. The proposition shall be in substantially the | 16 | | following form: | 17 | | Shall the (school district) enter into a joint | 18 | | agreement with (other school district) to share the | 19 | | services of a (superintendent or other administrator)? | 20 | | Votes shall be recorded as "Yes" or "No". | 21 | | If a majority of all votes in all affected school districts | 22 | | cast on the proposition are in favor of the proposition, the | 23 | | school boards shall enter into a joint agreement. | 24 | | (d) A school district wishing to withdraw from a joint | 25 | | agreement under this Section may obtain from its school board a | 26 | | written resolution approving the withdrawal. The withdrawing |
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| 1 | | school district must present a written petition for withdrawal | 2 | | from the joint agreement to the other member school districts | 3 | | within the timelines designated by the joint agreement. Upon | 4 | | approval of the resolution by all of the remaining member | 5 | | school districts, the petitioning member school district shall | 6 | | be withdrawn from the joint agreement effective the following | 7 | | July 1 and shall provide the State Board of Education written | 8 | | notification of the approved withdrawal. If the petition for | 9 | | withdrawal is not approved and the petitioning school district | 10 | | is a part of a Class II county school unit outside of a city | 11 | | with 500,000 or more inhabitants, the petitioning school | 12 | | district may appeal the disapproval decision to the regional | 13 | | board of school trustees of the township that has jurisdiction | 14 | | and authority over the withdrawing school district. If a | 15 | | withdrawing school district is not under the jurisdiction and | 16 | | authority of the regional board of school trustees of a | 17 | | township, a hearing panel shall be established by the chief | 18 | | administrative officer of the intermediate service center | 19 | | having jurisdiction over the withdrawing school district. The | 20 | | hearing panel shall be made up of 3 members who have a | 21 | | demonstrated interest and background in education. Hearing | 22 | | panel members shall not reside within the withdrawing school | 23 | | district and may not be a current school board member or | 24 | | employee of the withdrawing school district or hold any county | 25 | | office. None of the hearing panel members may reside within the | 26 | | same school district. The hearing panel shall serve without |
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| 1 | | remuneration; however, the necessary expenses, including | 2 | | travel, attendant upon any meeting or hearing in relation to | 3 | | these proceedings must be paid. If the regional board of school | 4 | | trustees of the township having jurisdiction and authority over | 5 | | the withdrawing school district or the hearing panel | 6 | | established by the chief administrative officer of the | 7 | | intermediate service center having jurisdiction over the | 8 | | withdrawing school district approves the petition for | 9 | | withdrawal, then the petitioning school district shall be | 10 | | withdrawn from the joint agreement effective the following July | 11 | | 1 and shall notify the State Board of Education of the approved | 12 | | withdrawal in writing. | 13 | | (e) In addition to the administrative
duties, the | 14 | | superintendent shall make recommendations to
the board | 15 | | concerning the budget, building plans, the
locations of sites, | 16 | | the selection, retention and dismissal of teachers
and all | 17 | | other employees, the selection of textbooks, instructional | 18 | | material
and courses of study.
However, in districts under a | 19 | | Financial Oversight Panel pursuant to
Section 1A-8 for | 20 | | violating a financial plan, the duties and responsibilities of
| 21 | | the superintendent in relation to the financial and business | 22 | | operations of the
district shall be approved by the Panel. In | 23 | | the event the Board refuses or
fails to follow a directive or | 24 | | comply with an information request of the Panel,
the | 25 | | performance of those duties shall be subject to the direction | 26 | | of the
Panel.
The superintendent shall also notify the State |
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| 1 | | Board
of Education, the board and the chief administrative | 2 | | official, other than
the alleged perpetrator himself, in the | 3 | | school where the alleged
perpetrator serves, that any person | 4 | | who is employed in a school or
otherwise comes into frequent | 5 | | contact with children
in the school has been named as a | 6 | | perpetrator in an indicated report filed
pursuant to the Abused | 7 | | and Neglected Child Reporting Act, approved June 26,
1975, as | 8 | | amended. The superintendent shall keep or cause to be kept the
| 9 | | records and accounts as directed and required by the board, aid | 10 | | in making
reports required by the board, and perform such other | 11 | | duties as the board
may delegate to him.
| 12 | | In addition, each year at a time designated by the State | 13 | | Superintendent of Education,
each
superintendent shall report | 14 | | to the State Board of Education the number of high school | 15 | | students in the
district who are enrolled in accredited courses | 16 | | (for which high school
credit will be awarded upon successful | 17 | | completion of the courses) at any
community college, together | 18 | | with the name and number of the course or
courses which each | 19 | | such student is taking.
| 20 | | (f) The provisions of this Section shall also apply to
| 21 | | board of director districts.
| 22 | | (g) Notice of intent not to renew
a contract must be given | 23 | | in writing stating the
specific reason therefor by April 1 of | 24 | | the contract
year unless the contract specifically provides | 25 | | otherwise.
Failure to do so will automatically extend the | 26 | | contract
for an additional year. Within 10 days after receipt |
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| 1 | | of
notice of intent not to renew a contract, the superintendent
| 2 | | may request a closed session hearing on the dismissal. At the | 3 | | hearing the
superintendent has the privilege of presenting | 4 | | evidence, witnesses and
defenses on the grounds for dismissal.
| 5 | | The provisions of this paragraph shall not apply to a district | 6 | | under a
Financial Oversight Panel pursuant to Section 1A-8 for | 7 | | violating a financial
plan.
| 8 | | (Source: P.A. 99-846, eff. 6-1-17 .)
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