Public Act 094-0213
 
HB1324 Enrolled LRB094 09007 NHT 39228 b

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