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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | ||||||||||||||||||||||||
5 | 7-2a, 7-4, 10-22.22c, 11E-20, 11E-45, and 11E-70 as follows:
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6 | (105 ILCS 5/7-2a) (from Ch. 122, par. 7-2a)
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7 | Sec. 7-2a.
(a) Except as provided in subsection (b) of this
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8 | Section, any petition for dissolution filed under this Article | ||||||||||||||||||||||||
9 | must
specify the school district or districts to which all of | ||||||||||||||||||||||||
10 | the territory
of the district proposed to be dissolved
will be | ||||||||||||||||||||||||
11 | annexed. Any petition for dissolution may be made by the board | ||||||||||||||||||||||||
12 | of
education of the district or a majority of the legal voters | ||||||||||||||||||||||||
13 | residing in
the district proposed to be dissolved. No petition | ||||||||||||||||||||||||
14 | from any other
district affected by the proposed dissolution | ||||||||||||||||||||||||
15 | shall be required.
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16 | (b) Any school district with a population of less than | ||||||||||||||||||||||||
17 | 5,000 residents or an enrollment of less than 750 students, as | ||||||||||||||||||||||||
18 | determined by the district's current fall housing report filed | ||||||||||||||||||||||||
19 | with the State Board of Education,
shall be dissolved and its | ||||||||||||||||||||||||
20 | territory annexed as provided in Section 7-11 by
the regional | ||||||||||||||||||||||||
21 | board of school trustees upon the filing with the regional
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22 | board of school trustees of a petition adopted by resolution of | ||||||||||||||||||||||||
23 | the board of
education or a petition signed by a majority of |
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| |||||||
1 | the registered voters of
the district seeking such dissolution. | ||||||
2 | No petition shall be adopted or
signed under this subsection | ||||||
3 | until the board of education or the
petitioners, as the case | ||||||
4 | may be, shall have given at least 10 days' notice
to be | ||||||
5 | published once in a newspaper having general circulation in the
| ||||||
6 | district and shall have conducted a public informational | ||||||
7 | meeting to inform
the residents of the district of the proposed | ||||||
8 | dissolution and to answer
questions concerning the proposed | ||||||
9 | dissolution. The petition shall be filed with
and decided | ||||||
10 | solely by the regional board of school trustees of the region
| ||||||
11 | in which the regional superintendent of schools has supervision | ||||||
12 | of the
school district being dissolved. The regional board of | ||||||
13 | school trustees
shall not act on a petition filed by a board of | ||||||
14 | education if within 45 days
after giving notice of the hearing | ||||||
15 | required under Section 7-11 a petition
in opposition to the | ||||||
16 | petition of the board to dissolve, signed by a
majority of the | ||||||
17 | registered voters of the district, is filed with the
regional | ||||||
18 | board of school trustees. The regional board of school trustees
| ||||||
19 | shall have no authority to deny dissolution requested in a | ||||||
20 | proper petition
for dissolution filed under this subsection | ||||||
21 | (b), but shall exercise its
discretion in accordance with | ||||||
22 | Section 7-11 on the issue of annexing the
territory of a | ||||||
23 | district being dissolved, giving consideration to but not
being | ||||||
24 | bound by the wishes expressed by the residents of
the various | ||||||
25 | school districts that may be affected by such annexation.
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26 | When dissolution and annexation become effective for |
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| |||||||
1 | purposes of
administration and attendance as determined | ||||||
2 | pursuant to Section 7-11,
the positions of teachers
in | ||||||
3 | contractual continued service in the district being dissolved | ||||||
4 | are
transferred to an
annexing district or to annexing | ||||||
5 | districts pursuant to the provisions of
Section 24-12 relative | ||||||
6 | to teachers having contractual continued service
status whose | ||||||
7 | positions are transferred from one board to the control of a
| ||||||
8 | different board, and those said provisions of Section 24-12 | ||||||
9 | shall apply to
said transferred teachers. In the event that the | ||||||
10 | territory is added to 2
or more districts, the decision on | ||||||
11 | which positions shall be transferred to
which annexing | ||||||
12 | districts shall be made giving consideration to the
| ||||||
13 | proportionate percent of pupils transferred and the annexing | ||||||
14 | districts'
staffing needs, and the transfer of specific | ||||||
15 | individuals into such positions
shall be based upon the request | ||||||
16 | of those teachers in order of seniority in
the dissolving | ||||||
17 | district. The contractual continued service status of any
| ||||||
18 | teacher thereby transferred to an annexing district is not lost | ||||||
19 | and the
different board is subject to this Act with respect to | ||||||
20 | such transferred
teacher in the same manner as if such teacher | ||||||
21 | was that district's employee
and had been its employee during | ||||||
22 | the time such teacher was actually
employed by the board of the | ||||||
23 | dissolving district from which the position
was transferred.
| ||||||
24 | (Source: P.A. 86-13; 87-1215.)
| ||||||
25 | (105 ILCS 5/7-4) (from Ch. 122, par. 7-4)
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1 | Sec. 7-4. Requirements for granting petitions. No petition | ||||||
2 | shall be
granted under Section Sections 7-1 or 7-2 of this Code | ||||||
3 | Act :
| ||||||
4 | (a) If there will be any non-high school territory | ||||||
5 | resulting from
the granting of the petition.
| ||||||
6 | (b) Unless after granting the petition any community unit | ||||||
7 | district,
community consolidated district, elementary district | ||||||
8 | or high school district
created shall have a population of at | ||||||
9 | least
2,000 and an equalized assessed valuation of at least | ||||||
10 | $6,000,000 based
upon the last value as equalized by the | ||||||
11 | Department of Revenue
as of the date of filing of the petition.
| ||||||
12 | (c) Unless the territory within any district so created or | ||||||
13 | any
district whose boundaries are affected by the granting of a | ||||||
14 | petition
shall after the granting thereof be compact and | ||||||
15 | contiguous , except as
provided in Section 7-6 of this Code or | ||||||
16 | as otherwise provided in this subdivision (c) Act . The fact | ||||||
17 | that a district is
divided by territory lying within the | ||||||
18 | corporate limits of the city of
Chicago shall not render it | ||||||
19 | non-compact or non-contiguous. If, pursuant to a petition filed | ||||||
20 | under Section 7-1 or 7-2 of this Code, all of the territory of | ||||||
21 | a district is to be annexed to another district, then the | ||||||
22 | annexing district and the annexed district need not be | ||||||
23 | contiguous if the following requirements are met and documented | ||||||
24 | within 2 calendar years prior to the petition filing date:
| ||||||
25 | (1) the distance between each district administrative | ||||||
26 | office is documented as no more than 30 miles; |
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1 | (2) every district contiguous to the district wishing | ||||||
2 | to be annexed determines that it is not interested in | ||||||
3 | participating in a petition filed under Section 7-1 or 7-2 | ||||||
4 | of this Code, through a vote of its school board, and | ||||||
5 | documents that non-interest in a letter to the regional | ||||||
6 | board of school trustees containing approved minutes that | ||||||
7 | record the school board vote; and | ||||||
8 | (3) documentation of meeting these requirements are | ||||||
9 | presented as evidence at the hearing required under Section | ||||||
10 | 7-6 of this Code. | ||||||
11 | (d) To create any school district with a population of less | ||||||
12 | than
2,000 unless the State Board of Education and the regional
| ||||||
13 | superintendent of schools for the region in which the proposed | ||||||
14 | district
will lie shall certify to the regional board or boards | ||||||
15 | of school trustees
that the creation of such new district will | ||||||
16 | not interfere with the
ultimate reorganization of the territory | ||||||
17 | of such proposed district as a
part of a district having a | ||||||
18 | population of 2,000 or more.
Notwithstanding any other | ||||||
19 | provisions of this Article, the granting or
approval by a | ||||||
20 | regional board or regional boards of school trustees or by the
| ||||||
21 | State Superintendent of Education of a petition that under | ||||||
22 | subsection (b-5) of
Section 7-6 is required to request the | ||||||
23 | submission of a proposition at a regular
scheduled election for | ||||||
24 | the purpose of voting for or against the annexation of
the | ||||||
25 | territory described in the petition to the
school district | ||||||
26 | proposing to annex that territory is subject to, and any change
|
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| |||||||
1 | in school district boundaries pursuant to the granting of the | ||||||
2 | petition shall
not be made except upon, approval of the | ||||||
3 | proposition at the election in the
manner provided by Section | ||||||
4 | 7-7.7.
| ||||||
5 | (Source: P.A. 89-397, eff. 8-20-95; 90-459, eff. 8-17-97.)
| ||||||
6 | (105 ILCS 5/10-22.22c) (from Ch. 122, par. 10-22.22c)
| ||||||
7 | Sec. 10-22.22c.
(a) Subject to the following provisions of | ||||||
8 | this
Section two or more contiguous school districts each of | ||||||
9 | which
has an enrollment in grades 9 through 12 of less than 600 | ||||||
10 | students may,
when in their judgment the interest of the | ||||||
11 | districts and of the students
therein will be best served, | ||||||
12 | jointly operate one or more cooperative high
schools. Such | ||||||
13 | action shall be taken for a minimum period of 20 school years,
| ||||||
14 | and may be taken only with the approval of the voters of each | ||||||
15 | district. A
district with 600 or more students enrolled in | ||||||
16 | grades 9 through 12
may qualify for inclusion with one or more | ||||||
17 | districts having less than 600
such students by receiving a | ||||||
18 | size waiver from the State Board of Education
based on a | ||||||
19 | finding that such inclusion would significantly increase the
| ||||||
20 | educational opportunities of the district's students, and by | ||||||
21 | meeting the
other prerequisites of this Section. The board of | ||||||
22 | each district contemplating
such joint operation shall, by | ||||||
23 | proper resolution, cause the proposition to
enter into such | ||||||
24 | joint operation to be submitted to the voters of the
district | ||||||
25 | at a regularly scheduled election. Notice shall be published at
|
| |||||||
| |||||||
1 | least 10 days prior to the date of the election at least once | ||||||
2 | in one or
more newspapers published in the district or, if no | ||||||
3 | newspaper is published
in the district, in one or more | ||||||
4 | newspapers with a general circulation
within the district. The | ||||||
5 | notice shall be substantially in the following form:
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6 | NOTICE OF REFERENDUM FOR SCHOOL DISTRICT
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7 | NO. ....... AND SCHOOL DISTRICT NO. .......
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8 | TO JOINTLY OPERATE (A) COOPERATIVE HIGH
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9 | SCHOOL (SCHOOLS)
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10 | Notice is hereby given that on (insert date), a referendum | ||||||
11 | will be held in ....... County (Counties) for
the purpose of | ||||||
12 | voting for or against the proposition for School District No.
| ||||||
13 | ....... and School District No. ....... to jointly operate (a) | ||||||
14 | cooperative high
school (schools).
| ||||||
15 | The polls will be open at ....... o'clock ... m., and close | ||||||
16 | at
....... o'clock ... m., of the same day.
| ||||||
17 | A ........ B ........
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18 | Dated (insert date).
| ||||||
19 | Regional Superintendent of Schools
| ||||||
20 | The proposition shall be in substantially the following | ||||||
21 | form:
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22 | -------------------------------------------------------------
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23 | Shall the Board of Education of
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24 | School District No. ...., ..... YES
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25 | County (Counties), Illinois be
|
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1 | authorized to enter with
| ||||||
2 | into an agreement with School ----------------------
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3 | District No. ...., .... County
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4 | (Counties), Illinois to jointly
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5 | operate (a) cooperative high NO
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6 | school (schools)?
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7 | -------------------------------------------------------------
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8 | If the majority of those voting on the proposition in each | ||||||
9 | district vote
in favor of the proposition, the school boards of | ||||||
10 | the participating
districts may, if they agree on terms, | ||||||
11 | execute a contract for such joint
operation subject to the | ||||||
12 | following provisions of this Section.
| ||||||
13 | (b) The agreement for joint operation of any such | ||||||
14 | cooperative high school shall include, but not be limited to, | ||||||
15 | provisions for administration, staff, programs,
financing,
| ||||||
16 | facilities, and
transportation. Such agreements
may
be | ||||||
17 | modified, extended, or terminated by approval of each of the | ||||||
18 | participating
districts,
provided that a district may withdraw | ||||||
19 | from the agreement during its initial
20-year term only if the | ||||||
20 | district is reorganizing with one or more districts
under other | ||||||
21 | provisions of this Code. Even if 2 or more of the participating
| ||||||
22 | district boards approve an
extension of the agreement, any | ||||||
23 | other participating district shall, upon
failure of its board | ||||||
24 | to approve such extension, disengage from such
participation at | ||||||
25 | the end of the then current agreement term.
| ||||||
26 | (c) A governing board, which shall govern the operation
of |
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| |||||||
1 | any such
cooperative high school, shall be composed of an equal
| ||||||
2 | number of board members from each of the participating | ||||||
3 | districts,
except that where all participating district boards | ||||||
4 | concur, membership
on the governing board may be apportioned to | ||||||
5 | reflect the
number of students
in each respective district who | ||||||
6 | attend the cooperative high school. The
membership of the | ||||||
7 | governing board shall be not
less than 6 nor more than 10 and | ||||||
8 | shall be set by the agreement entered into
by
the participating | ||||||
9 | districts.
The school board of each participating district
| ||||||
10 | shall select, from its membership, its representatives on the | ||||||
11 | governing board.
The governing board shall prepare
and adopt a | ||||||
12 | budget for the cooperative high school. The
governing board
| ||||||
13 | shall
administer the cooperative high school in
accordance with | ||||||
14 | the agreement of the districts and shall have the power to
| ||||||
15 | hire, supervise, and terminate staff; to enter into contracts; | ||||||
16 | to adopt
policies for the school; and to take all other actions | ||||||
17 | necessary and proper
for the operation of the school. However, | ||||||
18 | the governing board may not levy
taxes or incur any | ||||||
19 | indebtedness except within the annual budget approved by the
| ||||||
20 | participating districts.
| ||||||
21 | (d) (Blank).
| ||||||
22 | (e) Each participating district shall pay its per capita | ||||||
23 | cost of
educating the students residing in its district and | ||||||
24 | attending any such
cooperative high school into the budget for | ||||||
25 | the
maintenance
and operation of the cooperative high school.
| ||||||
26 | The manner of determining per capita cost shall be
set |
| |||||||
| |||||||
1 | forth in the agreement. Each district shall pay the amount owed | ||||||
2 | the
governing board under the terms of the agreement from the | ||||||
3 | fund that the
district would have used if the district had | ||||||
4 | incurred the costs directly and
may levy taxes and issue bonds | ||||||
5 | as otherwise authorized for these purposes in
order to make | ||||||
6 | payments to the governing board.
| ||||||
7 | (f) Additional school districts having an enrollment in | ||||||
8 | grades 9 through
12 of less than 600 students
may be added to | ||||||
9 | the agreement in accordance with the process described
in | ||||||
10 | subsection (a) of this Section. In the event additional | ||||||
11 | districts are
added, a new contract shall be executed in | ||||||
12 | accordance with the provisions
of this Section.
| ||||||
13 | (g) Upon formation of the cooperative high school, the | ||||||
14 | school board of
each
participating district shall:
| ||||||
15 | (1) confer and coordinate with each other and the
| ||||||
16 | governing board, if the governing board is then in | ||||||
17 | existence, as to staffing
needs for the cooperative high | ||||||
18 | school;
| ||||||
19 | (2) in consultation with any exclusive employee
| ||||||
20 | representatives and the governing board, if the governing | ||||||
21 | board is then in
existence, establish a combined list of | ||||||
22 | teachers in all
participating districts, categorized by | ||||||
23 | positions, showing
the length of service and the | ||||||
24 | contractual continued service
status, if any, of each | ||||||
25 | teacher in each participating
district who is qualified to | ||||||
26 | hold any such positions at the cooperative high
school,
and |
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| |||||||
1 | then distribute this list to the exclusive employee | ||||||
2 | representatives on or
before
February
1 of the school year | ||||||
3 | prior to the commencement of the operation
of the | ||||||
4 | cooperative high school or within 30 days after the
date of | ||||||
5 | the referendum election if the proposition receives a | ||||||
6 | majority of those
voting in each district, whichever occurs | ||||||
7 | first. This list is in addition to
and not
a substitute for | ||||||
8 | the list mandated by Section 24-12 of this Code; and
| ||||||
9 | (3) transfer to the governing board of the
cooperative | ||||||
10 | high school the employment and the position of
so many of | ||||||
11 | the full-time or part-time
high school teachers employed by | ||||||
12 | a participating district
as are
jointly determined by the | ||||||
13 | school boards of the participating
districts and the | ||||||
14 | governing board, if the governing board is then in
| ||||||
15 | existence, to be needed
at the cooperative high school, | ||||||
16 | provided that these teacher transfers
shall be done:
| ||||||
17 | (A) by categories listed on the seniority list | ||||||
18 | mentioned in subdivision
(2) of this subsection (g);
| ||||||
19 | (B) in each category, by having teachers in | ||||||
20 | contractual
continued service being transferred before | ||||||
21 | any teachers who are not in
contractual continued | ||||||
22 | service; and
| ||||||
23 | (C) in order from greatest seniority first
through | ||||||
24 | lesser amounts of seniority.
| ||||||
25 | A teacher who is not in contractual
continued service shall | ||||||
26 | not be transferred if there is a teacher in contractual
|
| |||||||
| |||||||
1 | continued service in the same category who is qualified to hold | ||||||
2 | the
position
that is to be filled.
| ||||||
3 | If there are more teachers who have
entered upon | ||||||
4 | contractual continued service
than there are available | ||||||
5 | positions at the
cooperative high school or within other | ||||||
6 | assignments in the
district, a school board shall first remove | ||||||
7 | or dismiss all teachers who
have not entered upon contractual | ||||||
8 | continued service before
removing or dismissing any teacher who | ||||||
9 | has entered upon
contractual continued service and who is | ||||||
10 | legally qualified (i) to
hold a position at the cooperative | ||||||
11 | high school planned to be
held by a teacher who has not entered | ||||||
12 | upon contractual continued
service or (ii) to hold another | ||||||
13 | position in the participating
district. As between teachers who | ||||||
14 | have entered upon contractual
continued service, the teacher or | ||||||
15 | teachers with the shorter
length of continuing service in any | ||||||
16 | of the participating
districts shall be dismissed first. Any | ||||||
17 | teacher
dismissed as a result of such a decrease shall be paid | ||||||
18 | all
earned compensation on or before the third business day
| ||||||
19 | following the last day of pupil attendance in the regular | ||||||
20 | school
term. If the school board that has dismissed a teacher | ||||||
21 | or the
governing board has any vacancies for the following | ||||||
22 | school term
or within one calendar year from the beginning of | ||||||
23 | the following
school term, the positions thereby becoming | ||||||
24 | available shall be
tendered to the teachers so removed or | ||||||
25 | dismissed so far as they
are legally qualified to hold such | ||||||
26 | positions. However,
if the number of honorable dismissal |
| |||||||
| |||||||
1 | notices in all
participating districts exceeds 15% of full-time | ||||||
2 | equivalent
positions filled by certified employees (excluding | ||||||
3 | principals
and administrative personnel) during the preceding | ||||||
4 | school year
in all participating districts and if the school | ||||||
5 | board that has
dismissed a teacher or the governing board has | ||||||
6 | any vacancies for
the following school term or within 2 | ||||||
7 | calendar years from the
beginning of the following school term, | ||||||
8 | the positions so
becoming available shall be tendered to the | ||||||
9 | teachers who were so notified,
removed,
or dismissed whenever | ||||||
10 | these teachers are legally qualified to hold such
positions.
| ||||||
11 | The provisions of Section 24-12 of this Code concerning | ||||||
12 | teachers
whose positions are transferred from one board to
the | ||||||
13 | control of a different board shall apply to the teachers who | ||||||
14 | are
transferred. The contractual continued service of any | ||||||
15 | transferred teacher is
not lost and the governing board is | ||||||
16 | subject to this Code with respect to the
teacher in the same | ||||||
17 | manner as if the teacher had been the governing board's
| ||||||
18 | employee during the time the teacher was actually employed by | ||||||
19 | the board of the
district from which the position and the | ||||||
20 | teacher's employment were transferred.
The time spent in
| ||||||
21 | employment
with a participating district by any teacher who has | ||||||
22 | not yet entered upon
contractual
continued service and who is | ||||||
23 | transferred to the governing board is not lost
when
computing | ||||||
24 | the time necessary
for the teacher to enter upon contractual | ||||||
25 | continued service, and the
governing board is
subject to this | ||||||
26 | Code with respect to the teacher in the same manner as if
the |
| |||||||
| |||||||
1 | teacher
had been the governing board's employee during the time | ||||||
2 | the teacher was
actually employed
by the school board from | ||||||
3 | which the position and the teacher's employment were
| ||||||
4 | transferred.
| ||||||
5 | If the cooperative high school is dissolved, any teacher | ||||||
6 | who was transferred
from a participating district shall be | ||||||
7 | transferred back to the district and
Section 24-12 of this Code | ||||||
8 | shall apply. In that
case, a district is subject to this Code | ||||||
9 | in the same manner as if the teacher
transferred
back had been | ||||||
10 | continuously in the service of the receiving district.
| ||||||
11 | (h) Upon formation of the cooperative high school, the | ||||||
12 | school board of
each
participating
district shall:
| ||||||
13 | (1) confer and coordinate with each other and the | ||||||
14 | governing board, if
the governing board is
then in | ||||||
15 | existence, as to needs for educational support personnel | ||||||
16 | for the
cooperative
high school;
| ||||||
17 | (2) in consultation with any exclusive employee | ||||||
18 | representative or
bargaining
agent and the governing | ||||||
19 | board, if the governing board is then in existence,
| ||||||
20 | establish a combined
list
of educational support personnel | ||||||
21 | in participating districts, categorized by
positions, | ||||||
22 | showing the length of continuing service of each full-time
| ||||||
23 | educational
support personnel employee who is qualified to | ||||||
24 | hold any such position at the
cooperative high school, and | ||||||
25 | then distribute this list to the exclusive
employee
| ||||||
26 | representative or bargaining agent on or before February 1 |
| |||||||
| |||||||
1 | of the school year
prior
to the commencement of the | ||||||
2 | operation of the cooperative high school or within
30
days | ||||||
3 | after the date of the referendum election if the | ||||||
4 | proposition receives a
majority of those voting in each | ||||||
5 | district, whichever occurs first; and
| ||||||
6 | (3) transfer to the governing board of the cooperative | ||||||
7 | high school
the employment and the positions of so many of | ||||||
8 | the full-time educational
support
personnel employees | ||||||
9 | employed by a participating district as are jointly
| ||||||
10 | determined
by the school boards of the participating
| ||||||
11 | districts and the governing board, if the governing board | ||||||
12 | is then in existence,
to be
needed at
the
cooperative high | ||||||
13 | school, provided that the full-time educational personnel
| ||||||
14 | employee
transfers shall be done by categories on the | ||||||
15 | seniority list mentioned in
subdivision (2) of this | ||||||
16 | subsection (h) and done in order from greatest
seniority
| ||||||
17 | first
through lesser amounts of seniority.
| ||||||
18 | If there are more full-time
educational support personnel | ||||||
19 | employees than there are available
positions at the cooperative | ||||||
20 | high school or
in the participating district, a school board | ||||||
21 | shall first
remove or dismiss those educational support | ||||||
22 | personnel employees
with the shorter length of continuing | ||||||
23 | service in any of the
participating districts, within the | ||||||
24 | respective category of
position. The governing board is subject | ||||||
25 | to this Code with respect to the
educational support personnel | ||||||
26 | employee as if the educational support personnel
employee had |
| |||||||
| |||||||
1 | been the governing board's employee during the time the
| ||||||
2 | educational support personnel employee was actually employed | ||||||
3 | by the school
board of the district from which the employment | ||||||
4 | and position were transferred.
Any educational support | ||||||
5 | personnel employee dismissed as a result of such a
decrease | ||||||
6 | shall be paid all earned compensation on or before the third | ||||||
7 | business
day following his or her last day of employment. If | ||||||
8 | the school board that has
dismissed the educational support | ||||||
9 | personnel employee or the governing board has
any vacancies for | ||||||
10 | the following school term or within one calendar year from
the | ||||||
11 | beginning of the following school term, the positions thereby | ||||||
12 | becoming
available within a specific category of position shall | ||||||
13 | be tendered to the
employees so removed or dismissed from that | ||||||
14 | category of position so far as they
are legally qualified to | ||||||
15 | hold such positions. If the cooperative high school is
| ||||||
16 | dissolved, any educational support personnel employee who was | ||||||
17 | transferred from
a participating district shall be transferred | ||||||
18 | back to the district and Section
10-23.5 of this Code shall | ||||||
19 | apply. In that case, a district is subject to this
Code in the | ||||||
20 | same manner as if the educational support personnel employee
| ||||||
21 | transferred back had been continuously in the service of the | ||||||
22 | receiving
district.
| ||||||
23 | (i) Two or more school districts not contiguous to each | ||||||
24 | other, each of which has an enrollment in grades 9 through 12 | ||||||
25 | of less than 600 students, may jointly operate one or more | ||||||
26 | cooperative high schools if the following requirements are met |
| |||||||
| |||||||
1 | and documented within 2 calendar years prior to the proposition | ||||||
2 | filing date, pursuant to subsection (a) of this Section: | ||||||
3 | (1) the distance between each district administrative | ||||||
4 | office is documented as no more than 30 miles;
| ||||||
5 | (2) every district contiguous to the district wishing | ||||||
6 | to operate one or more cooperative high schools under the | ||||||
7 | provisions of this Section determines that it is not | ||||||
8 | interested in participating in such joint operation, | ||||||
9 | through a vote of its school board, and documents that | ||||||
10 | non-interest in a letter to the districts wishing to form | ||||||
11 | the cooperative high school containing approved minutes | ||||||
12 | that record the school board vote; | ||||||
13 | (3) documentation of meeting these requirements is | ||||||
14 | attached to the board resolution required under subsection | ||||||
15 | (a) of this Section; and | ||||||
16 | (4) all other provisions of this Section are followed. | ||||||
17 | (Source: P.A. 91-63, eff. 1-1-00; 91-357, eff. 7-29-99 .)
| ||||||
18 | (105 ILCS 5/11E-20) | ||||||
19 | Sec. 11E-20. Combined school district formation. | ||||||
20 | (a)(1) The territory of 2 or more entire contiguous | ||||||
21 | elementary districts may be organized into a combined | ||||||
22 | elementary district under the provisions of this Article. | ||||||
23 | (2) Any 2 or more entire elementary districts that | ||||||
24 | collectively are within or substantially coterminous with | ||||||
25 | the boundaries of a high school district, regardless of |
| |||||||
| |||||||
1 | whether the districts are compact and contiguous with each | ||||||
2 | other, may be organized into a combined school district in | ||||||
3 | accordance with this Article. | ||||||
4 | (3) Any 2 or more entire elementary districts that are | ||||||
5 | not contiguous may be organized into a combined school | ||||||
6 | district in accordance with this Article if the following | ||||||
7 | requirements are met and documented within 2 calendar years | ||||||
8 | prior to the petition filing date: | ||||||
9 | (A) the distance between each district | ||||||
10 | administrative office is documented as no more than 30 | ||||||
11 | miles; and | ||||||
12 | (B) every district contiguous to a district | ||||||
13 | wishing to organize into a combined school district | ||||||
14 | under the provisions of this paragraph (3) determines | ||||||
15 | that it is not interested in participating in a | ||||||
16 | petition for a combined school district filed in | ||||||
17 | accordance with this Article, through a vote of its | ||||||
18 | school board, and documents that non-interest in a | ||||||
19 | letter to the regional superintendent of schools | ||||||
20 | containing approved minutes that record the school | ||||||
21 | board vote. | ||||||
22 | (b) (1) The territory of Any 2 or more entire contiguous | ||||||
23 | high school districts may be organized into a combined high | ||||||
24 | school district under the provisions of this Article. | ||||||
25 | (2) Any 2 or more entire high school districts that are | ||||||
26 | not contiguous may be organized into a combined school |
| |||||||
| |||||||
1 | district in accordance with this Article if the following | ||||||
2 | requirements are met and documented within 2 calendar years | ||||||
3 | prior to the petition filing date: | ||||||
4 | (A) the distance between each district | ||||||
5 | administrative office is documented as no more than 30 | ||||||
6 | miles; and | ||||||
7 | (B) every district contiguous to a district | ||||||
8 | wishing to organize into a combined school district | ||||||
9 | under the provisions of this paragraph (2) determines | ||||||
10 | that it is not interested in participating in a | ||||||
11 | petition for a combined school district filed in | ||||||
12 | accordance with this Article, through a vote of its | ||||||
13 | school board, and documents that non-interest in a | ||||||
14 | letter to the regional superintendent of schools | ||||||
15 | containing approved minutes that record the school | ||||||
16 | board vote. | ||||||
17 | (c) (1) The territory of Any 2 or more entire contiguous | ||||||
18 | unit districts may be organized into a combined unit district | ||||||
19 | under the provisions of this Article.
| ||||||
20 | (2) Any 2 or more entire unit districts that are not | ||||||
21 | contiguous may be organized into a combined school district | ||||||
22 | in accordance with this Article if the following | ||||||
23 | requirements are met and documented within 2 calendar years | ||||||
24 | prior to the petition filing date: | ||||||
25 | (A) the distance between each district | ||||||
26 | administrative office is documented as no more than 30 |
| |||||||
| |||||||
1 | miles; and | ||||||
2 | (B) every district contiguous to the district | ||||||
3 | wishing to organize into a combined school district | ||||||
4 | under the provisions of this paragraph (2) determines | ||||||
5 | that it is not interested in participating in a | ||||||
6 | petition for a combined school district filed in | ||||||
7 | accordance with this Article, through a vote of its | ||||||
8 | school board, and documents that non-interest in a | ||||||
9 | letter to the regional superintendent of schools | ||||||
10 | containing approved minutes that record the school | ||||||
11 | board vote. | ||||||
12 | (Source: P.A. 94-1019, eff. 7-10-06.) | ||||||
13 | (105 ILCS 5/11E-45) | ||||||
14 | Sec. 11E-45. Hearing. | ||||||
15 | (a) No more than 15 days after the last date on which the | ||||||
16 | required notice under Section 11E-40 of this Code is published, | ||||||
17 | the regional superintendent of schools with whom the petition | ||||||
18 | is required to be filed shall hold a hearing on the petition. | ||||||
19 | Prior to the hearing, the Committee of Ten shall submit to the | ||||||
20 | regional superintendent maps showing the districts involved | ||||||
21 | and any other information deemed pertinent by the Committee of | ||||||
22 | Ten to the proposed action. The regional superintendent of | ||||||
23 | schools may adjourn the hearing from time to time or may | ||||||
24 | continue the matter for want of sufficient notice or other good | ||||||
25 | cause. |
| |||||||
| |||||||
1 | (b) At the hearing, the regional superintendent of schools | ||||||
2 | shall allow public testimony on the action proposed in the | ||||||
3 | petition. The Committee of Ten shall present, or arrange for | ||||||
4 | the presentation of all of the following: | ||||||
5 | (1) Evidence as to the school needs and conditions in | ||||||
6 | the territory described in the petition and the area | ||||||
7 | adjacent thereto. | ||||||
8 | (2) Evidence with respect to the ability of the | ||||||
9 | proposed district or districts to meet standards of | ||||||
10 | recognition as prescribed by the State Board of Education. | ||||||
11 | (3) A consideration of the division of funds and assets | ||||||
12 | that will occur if the petition is approved. | ||||||
13 | (4) A description of the maximum tax rates the proposed | ||||||
14 | district or districts is authorized to levy for various | ||||||
15 | purposes and, if applicable, the specifications related to | ||||||
16 | the Property Tax Extension Limitation Law, in accordance | ||||||
17 | with Section 11E-80 of this Code. | ||||||
18 | (5) For a non-contiguous combined school district, as | ||||||
19 | specified in paragraph (3) of subsection (a), paragraph (2) | ||||||
20 | of subsection (b), or paragraph (2) of subsection (c) of | ||||||
21 | Section 11E-20 of this Code, evidence that the action | ||||||
22 | proposed in the petition meets the requirements of the | ||||||
23 | respective paragraph. | ||||||
24 | (c) Any regional superintendent of schools entitled under | ||||||
25 | the provisions of this Article to be given a copy of the | ||||||
26 | petition and any resident or representative of a school |
| |||||||
| |||||||
1 | district in which
any territory described in the petition is | ||||||
2 | situated may appear in person or by an attorney at law to | ||||||
3 | provide oral or written testimony or both in relation to the | ||||||
4 | action proposed in the petition. | ||||||
5 | (d) The regional superintendent of schools shall arrange | ||||||
6 | for a written transcript of the hearing. The expense of the | ||||||
7 | written transcript shall be borne by the petitioners and paid | ||||||
8 | on behalf of the petitioners by the Committee of Ten.
| ||||||
9 | (Source: P.A. 94-1019, eff. 7-10-06; 95-903, eff. 8-25-08.) | ||||||
10 | (105 ILCS 5/11E-70) | ||||||
11 | Sec. 11E-70. Effective date of change. | ||||||
12 | (a) Except as provided in subsections subsection (a-5) and | ||||||
13 | (a-10) of this Section, if a petition is filed under the | ||||||
14 | authority of this Article, the change is granted and approved | ||||||
15 | at election, and no appeal is taken, then the change shall | ||||||
16 | become effective after the time for appeal has run for the | ||||||
17 | purpose of all elections; however, the change shall not affect | ||||||
18 | the administration of the schools until July 1 following the | ||||||
19 | date that the school board election is held for the new | ||||||
20 | district or districts and the school boards of the districts as | ||||||
21 | they existed prior to the change shall exercise the same power | ||||||
22 | and authority over the territory until that date. | ||||||
23 | (a-5) If a petition is filed under the authority of this | ||||||
24 | Article for the consolidation of Christopher Unit School | ||||||
25 | District 99 and Zeigler-Royalton Community Unit School |
| |||||||
| |||||||
1 | District 188, the change is granted and approved at election, | ||||||
2 | and no appeal is taken, then the change shall become effective | ||||||
3 | after one or both of the school districts have been awarded | ||||||
4 | school construction grants under the School Construction Law. | ||||||
5 | (a-10) If (i) a petition is filed under the authority of | ||||||
6 | this Article for the reorganization of 2 or more school | ||||||
7 | districts that requires a new school building to effectively | ||||||
8 | educate students, (ii) the change is granted and approved at an | ||||||
9 | election, and (iii) no appeal is taken, then, with the approval | ||||||
10 | of the regional superintendent of schools, the change may | ||||||
11 | become effective after one or more of the school districts have | ||||||
12 | been awarded school construction grants, in accordance with the | ||||||
13 | School Construction Law. The intent to postpone the | ||||||
14 | reorganization's effective date must be documented in the | ||||||
15 | petition, and the petition is void if it does not take effect | ||||||
16 | within 5 years after being filed. After the referendum approval | ||||||
17 | and before the effective date of the reorganization, the | ||||||
18 | petition becomes void if the following requirements are met: | ||||||
19 | (1) the board of each affected district, by proper | ||||||
20 | resolution, causes the proposition to void the petition to | ||||||
21 | be submitted to the voters of each affected district at a | ||||||
22 | regularly scheduled election; and | ||||||
23 | (2) a majority of the electors voting at the election | ||||||
24 | in each affected district votes in favor of voiding the | ||||||
25 | petition. | ||||||
26 | (b) If any school district is dissolved in accordance with |
| |||||||
| |||||||
1 | this Article, upon the close of the then current school year, | ||||||
2 | the terms of office of the school board of the dissolved | ||||||
3 | district shall terminate. | ||||||
4 | (c) New districts shall be permitted to organize and elect | ||||||
5 | officers within the time prescribed by the general election | ||||||
6 | law. Additionally, between the date of the organization and the | ||||||
7 | election of officers and the date on which the new district | ||||||
8 | takes effect for all purposes, the new district shall also be | ||||||
9 | permitted, with the stipulation of the districts from which the | ||||||
10 | new district is formed and the approval of the regional | ||||||
11 | superintendent of schools, to take all action necessary or | ||||||
12 | appropriate to do the following: | ||||||
13 | (1) Establish the tax levy for the new district, in | ||||||
14 | lieu of the levies by the districts from which the new | ||||||
15 | district is formed, within the time generally provided by | ||||||
16 | law and in accordance with this Article. The funds produced | ||||||
17 | by the levy shall be transferred to the new district as | ||||||
18 | generally provided by law at such time as they are received | ||||||
19 | by the county collector. | ||||||
20 | (2) Enter into agreements with depositories and direct | ||||||
21 | the deposit and investment of any funds received from the | ||||||
22 | county collector or any other source, all as generally | ||||||
23 | provided by law. | ||||||
24 | (3) Conduct a search for the superintendent of the new | ||||||
25 | district and enter into a contract with the person selected | ||||||
26 | to serve as the superintendent of the new district in |
| |||||||
| |||||||
1 | accordance with the provisions of this Code generally | ||||||
2 | applicable to the employment of a superintendent. | ||||||
3 | (4) Conduct a search for other administrators and staff | ||||||
4 | of the new district and enter into a contract with these | ||||||
5 | persons in accordance with the provisions of this Code | ||||||
6 | generally applicable to the employment of administrators | ||||||
7 | and other staff.
| ||||||
8 | (5) Engage the services of accountants, architects, | ||||||
9 | attorneys, and other consultants, including but not | ||||||
10 | limited to consultants to assist in the search for the | ||||||
11 | superintendent. | ||||||
12 | (6) Plan for the transition from the administration of | ||||||
13 | the schools by the districts from which the new district is | ||||||
14 | formed. | ||||||
15 | (7) Bargain collectively, pursuant to the Illinois | ||||||
16 | Educational Labor Relations Act, with the certified | ||||||
17 | exclusive bargaining representative or certified exclusive | ||||||
18 | bargaining representatives of the new district's | ||||||
19 | employees. | ||||||
20 | (8) Expend the funds received from the levy and any | ||||||
21 | funds received from the districts from which the new | ||||||
22 | district is formed to meet payroll and other essential | ||||||
23 | operating expenses or otherwise in the exercise of the | ||||||
24 | foregoing powers
until the new district takes effect for | ||||||
25 | all purposes. | ||||||
26 | (9) Issue bonds authorized in the proposition to form |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | the new district or bonds pursuant to and in accordance | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | with all of the requirements of Section 17-2.11 of this | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Code, levy taxes upon all of the taxable property within | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | the new district to pay the principal of and interest on | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | those bonds as provided by statute, expend the proceeds of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | the bonds and enter into any necessary contracts for the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | work financed therewith as authorized by statute, and avail | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | itself of the provisions of other applicable law, including | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | the Omnibus Bond Acts, in connection with the issuance of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | those bonds. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | (d) After the granting of a petition has become final and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | approved at election, the date when the change becomes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | effective for purposes of administration and attendance may be | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | accelerated or postponed by stipulation of the school board of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | each district affected and approval by the regional | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | superintendent of schools with which the original petition is | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | required to be filed.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | (Source: P.A. 97-925, eff. 8-10-12.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | becoming law.
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