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HB1847 Enrolled |
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LRB095 08702 NHT 31613 b |
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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 |
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| 10-22.22b, 10-23.5, and 11E-110 as follows:
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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 |
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| not apply
to the deactivation of a high school facility under |
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| subsection (c). Where in
its judgment the interests of the |
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| district and of the students therein will be
best served, to |
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| deactivate any high school facility or elementary school |
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| facility in the district and send
the students of such high |
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| school in grades 9 through 12 or such elementary school in |
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| grades kindergarten through 8, as applicable, to schools in |
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| other
districts. Such action may be taken only with the |
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| approval of the voters in
the district and the approval, by |
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| proper resolution, of the school board of the
receiving |
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| district. The board of the district contemplating deactivation
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| shall, by proper resolution, cause the proposition
to |
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| deactivate the school facility to be submitted to the
voters of |
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| the district at a regularly scheduled election. Notice shall be
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| published at least 10 days prior to the date of the election at |
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| least once
in one or more newspapers published in the district |
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HB1847 Enrolled |
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LRB095 08702 NHT 31613 b |
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| or, if no newspaper
is published in the district, in one or |
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| more newspapers with a general
circulation within the district. |
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| The notice shall be substantially in the
following form:
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| NOTICE OF REFERENDUM TO
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| DEACTIVATE THE ... SCHOOL FACILITY
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| IN SCHOOL DISTRICT NO. ........
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| Notice is hereby given that on (insert date), a referendum |
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| will be held in
........ County (Counties) for the purpose
of |
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| voting for or against the proposition to deactivate the ...... |
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| School
facility in School District No. ...... and to send |
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| pupils in ...... School
to School District(s) No. .......
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| The polls will be open at .... o'clock ... m., and close at |
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| .... 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 .... School facility
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| and to send pupils in ....... NO
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HB1847 Enrolled |
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LRB095 08702 NHT 31613 b |
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| 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 |
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| district
contemplating deactivation vote in favor of the |
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| proposition, the board of
that district, upon approval of the |
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| board of the receiving district, shall
execute a contract with |
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| the receiving district providing for the reassignment
of |
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| students to the receiving district. If the deactivating |
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| district seeks to
send its students to more than one district, |
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| it shall execute a contract with
each receiving district. The |
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| length of the contract shall be for 2 school
years, but the |
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| 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 |
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| of the year in
which the existing contract expires. If the |
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| majority of those voting upon the
proposition do not vote in |
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| favor of the proposition, the school facility may
not be |
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| deactivated.
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| The sending district shall pay to the receiving district an |
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| amount agreed
upon by the 2 districts.
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| When the deactivation of school facilities becomes |
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| effective
pursuant to this Section, the provisions of Section |
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| 24-12 relative to the
contractual continued service status of |
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| teachers having contractual
continued service whose positions |
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| are transferred from one board to the
control of a different |
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| board shall apply, and the positions at the
school facilities |
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HB1847 Enrolled |
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LRB095 08702 NHT 31613 b |
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| being deactivated held by teachers, as that term is
defined in |
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| Section 24-11, having contractual continued service with the
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| school district at the time of the deactivation shall be |
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| transferred to the
control of the board or boards who shall be |
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| receiving the district's students on the following basis:
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| (1) positions of such teachers in contractual |
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| continued service that
were full time positions shall be |
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| transferred to the control of whichever
of such boards such |
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| teachers shall request with the teachers making such
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| requests proceeding in the order of those with the greatest |
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| length of
continuing service with the board to those with |
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| the shortest length of
continuing service with the board, |
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| provided that the number selecting one
board over another |
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| board or other boards shall not exceed that proportion
of |
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| the school students going to such board or boards; and
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| (2) positions of such teachers in contractual |
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| continued service that
were full time positions and as to |
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| which there is no selection left under
subparagraph 1 |
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| hereof shall be transferred to the appropriate board.
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| The contractual continued service status of any teacher |
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| thereby
transferred to another district is not lost and the |
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| receiving board is
subject to the School Code with respect to |
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| such transferred teacher in the
same manner as if such teacher |
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| was the district's employee during the time
such teacher was |
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| actually employed by the board of the deactivating
district |
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| from which the position was transferred.
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HB1847 Enrolled |
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LRB095 08702 NHT 31613 b |
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| When the deactivation of school facilities becomes |
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| effective pursuant to this Section, the provisions of |
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| subsection (b) of Section 10-23.5 of this Code relative to the |
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| transfer of educational support personnel employees shall |
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| apply, and the positions at the school facilities being |
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| deactivated that are held by educational support personnel |
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| employees at the time of the deactivation shall be transferred |
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| to the control of the board or boards that will be receiving |
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| the district's students on the following basis: |
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| (A) positions of such educational support personnel |
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| employees that were full-time positions shall be |
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| transferred to the control of whichever of the boards the |
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| employees request, with the educational support personnel |
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| employees making these requests proceeding in the order of |
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| those with the greatest length of continuing service with |
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| the board to those with the shortest length of continuing |
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| service with the board, provided that the number selecting |
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| one board over another board or other boards must not |
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| exceed that proportion of students going to such board or |
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| boards; and |
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| (B) positions of such educational support personnel |
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| employees that were full-time positions and as to which |
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| there is no selection left under subdivision (A) shall be |
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| transferred to the appropriate board. |
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| The length of continuing service of any educational support |
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| personnel employee thereby transferred to another district is |
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HB1847 Enrolled |
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LRB095 08702 NHT 31613 b |
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| not lost and the receiving board is subject to this Code with |
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| respect to that transferred educational support personnel |
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| employee in the same manner as if the educational support |
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| personnel employee was the district's employee during the time |
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| the educational support personnel employee was actually |
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| employed by the board of the deactivating district from which |
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| 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 |
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| under
subsection (c). The sending district may, with the |
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| approval
of the voters in the district, reactivate the
school |
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| facility which was
deactivated. The board of the district |
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| seeking to reactivate the school
facility shall, by proper |
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| resolution, cause the proposition to reactivate to be
submitted |
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| to the voters of the district at a regularly scheduled |
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| election.
Notice shall be published at least 10 days prior to |
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| the date of the election at
least once in one or more |
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| newspapers published in the district or, if no
newspaper is |
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| published in the district, in one or more newspapers with a
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| general circulation within the district. The notice shall be |
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| substantially in
the following form:
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| NOTICE OF REFERENDUM TO
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| REACTIVATE THE ...... SCHOOL FACILITY
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| IN SCHOOL DISTRICT NO. ......
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| Notice is hereby given that on (insert date), a referendum |
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| will be held in ...... County (Counties) for the purpose
of |
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HB1847 Enrolled |
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LRB095 08702 NHT 31613 b |
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| voting for or against the proposition to reactivate the ..... |
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| School
facility in School District No. ..... and to discontinue |
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| sending pupils of
School District No. ...... to School |
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| District(s) No. .....
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| The polls will be opened at ... o'clock .. m., and closed |
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| 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 .... 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 |
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| experienced a
strike by a majority of its certified employees |
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| that endured for over 6
months during the regular school term |
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| of the 1986-1987 school year, and
which during the ensuing |
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HB1847 Enrolled |
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LRB095 08702 NHT 31613 b |
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| 1987-1988 school year had an enrollment in grades 9
through 12 |
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| 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 |
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| best served
thereby, deactivate the high school facilities |
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| within the district for the
regular term of the 1988-1989 |
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| school year and, for that school year only,
send the students |
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| 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: |
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| (a) by
proper resolution of the school board deactivating its |
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| high school
facilities and the approval, by proper resolution, |
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| of the school board of
the receiving district or districts, and |
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| (b) pursuant to a contract between
the sending and each |
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| receiving district, which contract or contracts: (i)
shall |
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| provide for the reassignment of all students of the deactivated |
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| high
school in grades 9 through 12 to the receiving district or |
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| districts; (ii)
shall apply only to the regular school term of |
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| the 1988-1989 school year;
(iii) shall not be subject to |
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| renewal or extension; and (iv) shall require
the sending |
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| 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 |
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| costs to be
an amount agreed upon by the sending and receiving |
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| district but not less
than the per capita cost of maintaining |
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| the high school in the receiving
district during the 1987-1988 |
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| school year. Any high school facility
deactivated pursuant to |
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| this subsection for the regular school term of the
1988-1989 |
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| school year shall be reactivated by operation of law as of the
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HB1847 Enrolled |
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LRB095 08702 NHT 31613 b |
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| end of the regular term of the 1988-1989 school year. The |
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| status as a unit
school district of a district which |
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| deactivates its high school facilities
pursuant to this |
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| subsection shall not be affected by reason of such
deactivation |
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| of its high school facilities and such district shall continue
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| to be deemed in law a school district maintaining grades |
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| kindergarten
through 12 for all purposes relating to the levy, |
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| extension, collection and
payment of the taxes of the district |
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| under Article 17 for the 1988-1989
school year.
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| (d) Whenever a school facility is reactivated pursuant
to |
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| the provisions of this Section, then all teachers in |
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| contractual
continued service who were honorably dismissed or |
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| transferred as part of
the deactivation process, in addition to |
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| other rights they may have under
the School Code, shall be |
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| recalled or transferred back to the original
district.
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| (Source: P.A. 94-213, eff. 7-14-05.)
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| (105 ILCS 5/10-23.5) (from Ch. 122, par. 10-23.5)
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| Sec. 10-23.5. Educational support personnel employees. |
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| (a) To employ such
educational support personnel employees |
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| as it deems advisable and to define
their employment duties; |
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| provided that residency within any school district
shall not be |
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| considered in determining the employment or the compensation of
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| any such employee, or whether to retain, promote, assign or |
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| transfer such
employee. If an educational support personnel |
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| employee is removed or dismissed
as a result of a decision of |
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HB1847 Enrolled |
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LRB095 08702 NHT 31613 b |
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| the school board (i) to decrease the number of
educational |
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| support personnel employees employed by the board or (ii) to |
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| discontinue
some particular type of educational support |
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| service, written notice shall be
mailed to the employee and |
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| also given the employee either by certified mail,
return |
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| receipt requested or personal delivery with receipt at least 30 |
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| days before the employee is removed or dismissed, together with |
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| a statement of honorable dismissal and the reason
therefor. The |
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| employee with the shorter length of continuing service with the
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| district, within the respective category of position, shall be |
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| dismissed first
unless an alternative method of determining the |
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| sequence of dismissal is
established in a collective bargaining |
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| agreement or contract between the
board and any exclusive |
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| bargaining agent and except that this provision shall
not |
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| impair the operation of any affirmative action program in the |
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| district,
regardless of whether it exists by operation of law |
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| or is conducted on a
voluntary basis by the board. If the board |
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| has any vacancies for the following
school term or within one |
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| calendar year from the beginning of the following
school term, |
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| the positions thereby becoming available within a specific
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| category of position shall be tendered to the employees so |
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| removed or dismissed
from that category of position, so far as |
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| they are qualified to hold such
positions. Each board shall, in |
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| consultation with any exclusive employee
representative or |
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| bargaining agent, each year establish a list, categorized
by |
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| positions, showing the length of continuing service of each |
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HB1847 Enrolled |
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LRB095 08702 NHT 31613 b |
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| full time
educational support personnel employee who is |
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| qualified to hold any such
positions, unless an alternative |
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| method of determining a sequence of dismissal
is established as
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| provided for in this Section, in which case a list shall be |
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| made in
accordance with the alternative method. Copies of the |
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| list shall be
distributed to the exclusive employee |
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| representative or bargaining agent on
or before February 1 of |
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| each year. Where an educational support personnel
employee is |
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| dismissed by the board as a result of a
decrease in the number |
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| of employees or the discontinuance of the employee's
job, the |
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| employee shall be paid all earned compensation on or before the
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| third business day following his or her last day of employment.
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| The provisions of this amendatory Act of 1986 relating to |
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| residency
within any school district shall not apply to cities |
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| having a population
exceeding 500,000 inhabitants.
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| (b) In the case of a new school district or districts |
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| formed in accordance with Article 11E of this Code, a school |
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| district or districts that annex all of the territory of one or |
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| more entire other school districts in accordance with Article 7 |
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| of this Code, or a school district receiving students from a |
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| deactivated school facility in accordance with Section |
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| 10-22.22b of this Code, the employment of educational support |
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| personnel in the new, annexing, or receiving school district |
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| immediately following the reorganization shall be governed by |
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| this subsection (b). Lists of the educational support personnel |
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| employed in the individual districts for the school year |
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HB1847 Enrolled |
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LRB095 08702 NHT 31613 b |
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| immediately prior to the effective date of the new district or |
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| districts, annexation, or deactivation shall be combined for |
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| the districts forming the new district or districts, for the |
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| annexed and annexing districts, or for the deactivating and |
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| receiving districts, as the case may be. The combined list |
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| shall be categorized by positions, showing the length of |
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| continuing service of each full-time educational support |
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| personnel employee who is qualified to hold any such position. |
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| If there are more full-time educational support personnel |
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| employees on the combined list than there are available |
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| positions in the new, annexing, or receiving school district, |
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| then the employing school board shall first remove or dismiss |
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| those educational support personnel employees with the shorter |
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| length of continuing service within the respective category of |
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| position, following the procedures outlined in subsection (a) |
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| of this Section. The employment and position of each |
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| educational support personnel employee on the combined list not |
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| so removed or dismissed shall be transferred to the new, |
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| annexing, or receiving school board, and the new, annexing, or |
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| receiving school board is subject to this Code with respect to |
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| any educational support personnel employee so transferred as if |
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| the educational support personnel employee had been the new, |
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| annexing, or receiving board's employee during the time the |
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| educational support personnel employee was actually employed |
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| by the school board of the district from which the employment |
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| and position were transferred. |
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HB1847 Enrolled |
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LRB095 08702 NHT 31613 b |
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| The changes made by this amendatory Act of the 95th General |
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| Assembly shall not apply to the formation of a new district or |
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| districts in accordance with Article 11E of this Code, the |
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| annexation of one or more entire districts in accordance with |
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| Article 7 of this Code, or the deactivation of a school |
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| facility in accordance with Section 10-22.22b of this Code |
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| effective on or before July 1, 2007.
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| (Source: P.A. 89-618, eff. 8-9-96; 90-548, eff. 1-1-98.)
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| (105 ILCS 5/11E-110) |
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| Sec. 11E-110. Teachers in contractual continued service ; |
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| educational support personnel employees . |
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| (a) When a school district conversion or multi-unit |
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| conversion becomes effective for purposes of administration |
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| and attendance, as determined pursuant to Section 11E-70 of |
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| this Code, the provisions of Section 24-12 of this Code |
16 |
| relative to the contractual continued service status of |
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| teachers having contractual continued service whose positions |
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| are transferred from one school board to the control of a new |
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| or different school board shall apply, and the positions held |
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| by teachers, as that term is defined in Section 24-11 of this |
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| Code, having contractual continued service with the unit |
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| district at the time of its dissolution shall be transferred on |
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| the following basis: |
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| (1) positions of teachers in contractual continued |
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| service that, during the 5 school years immediately |
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HB1847 Enrolled |
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LRB095 08702 NHT 31613 b |
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| preceding the effective date of the change, as determined |
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| under Section 11E-70 of this Code, were full-time positions |
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| in which all of the time required of the position was spent |
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| in one or more of grades 9 through 12 shall be transferred |
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| to the control of the school board of the new high school |
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| district or combined high school - unit district, as the |
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| case may be; |
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| (2) positions of teachers in contractual continued |
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| service that, during the 5 school years immediately |
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| preceding the effective date of the change, as determined |
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| under Section 11E-70 of this Code, were full-time positions |
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| in which all of the time required of the position was spent |
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| in one or more of grades kindergarten through 8 shall be |
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| transferred to the control of the school board of the newly |
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| created successor elementary district; and |
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| (3) positions of teachers in contractual continued |
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| service that were full-time positions not required to be |
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| transferred to the control of the school board of the new |
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| high school district or combined high school - unit |
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| district, as the case may be,
or the school board of the |
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| newly created successor elementary district under the |
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| provisions of subdivision (1) or (2) of this subsection (a) |
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| shall be transferred to the control of whichever of the |
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| boards the teacher shall request. |
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| (4) With respect to each position to be transferred under |
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| the provisions of this subsection (a), the amount of time |
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HB1847 Enrolled |
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LRB095 08702 NHT 31613 b |
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| required of each position to be spent in one or more of grades |
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| kindergarten through 8 and 9 through 12 shall be determined |
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| with reference to the applicable records of the unit district |
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| being dissolved pursuant to stipulation of the school board of |
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| the unit district prior to the effective date of its |
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| dissolution or thereafter of the school board of the newly |
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| created districts and with the approval in either case of the |
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| regional superintendent of schools of the educational service |
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| region in which the territory described in the petition filed |
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| under this Article or the greater percentage of equalized |
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| assessed evaluation of the territory is situated; however, if |
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| no such stipulation can be agreed upon, the regional |
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| superintendent of schools, after hearing any additional |
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| relevant and material evidence that any school board desires to |
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| submit, shall make the determination. |
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| (a-5) When a school district conversion or multi-unit |
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| conversion becomes effective for purposes of administration |
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| and attendance, as determined pursuant to Section 11E-70 of |
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| this Code, the provisions of subsection (b) of Section 10-23.5 |
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| of this Code relative to the transfer of educational support |
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| personnel employees shall apply, and the positions held by |
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| educational support personnel employees shall be transferred |
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| on the following basis: |
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| (1) positions of educational support personnel |
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| employees that, during the 5 school years immediately |
26 |
| preceding the effective date of the change, as determined |
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HB1847 Enrolled |
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LRB095 08702 NHT 31613 b |
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| under Section 11E-70 of this Code, were full-time positions |
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| in which all of the time required of the position was spent |
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| in one or more of grades 9 through 12 shall be transferred |
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| to the control of the school board of the new high school |
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| district or combined high school - unit district, as the |
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| case may be; |
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| (2) positions of educational support personnel |
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| employees that, during the 5 school years immediately |
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| preceding the effective date of the change, as determined |
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| under Section 11E-70 of this Code, were full-time positions |
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| in which all of the time required of the position was spent |
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| in one or more of grades kindergarten through 8 shall be |
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| transferred to the control of the school board of the newly |
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| created successor elementary district; and |
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| (3) positions of educational support personnel |
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| employees that were full-time positions not required to be |
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| transferred to the control of the school board of the new |
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| high school district or combined high school - unit |
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| district, as the case may be, or the school board of the |
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| newly created successor elementary district under |
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| subdivision (1) or (2) of this subsection (a-5) shall be |
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| transferred to the control of whichever of the boards the |
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| educational support personnel employee requests. |
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| With respect to each position to be transferred under this |
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| subsection (a-5), the amount of time required of each position |
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| to be spent in one or more of grades kindergarten through 8 and |
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HB1847 Enrolled |
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LRB095 08702 NHT 31613 b |
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| 9 through 12 shall be determined with reference to the |
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| applicable records of the unit district being dissolved |
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| pursuant to stipulation of the school board of the unit |
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| district prior to the effective date of its dissolution or |
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| thereafter of the school board of the newly created districts |
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| and with the approval in either case of the regional |
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| superintendent of schools of the educational service region in |
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| which the territory described in the petition filed under this |
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| Article or the greater percentage of equalized assessed |
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| evaluation of the territory is situated; however, if no such |
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| stipulation can be agreed upon, the regional superintendent of |
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| schools, after hearing any additional relevant and material |
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| evidence that any school board desires to submit, shall make |
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| the determination.
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| (b) When the creation of a unit district or a combined |
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| school district becomes effective for purposes of |
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| administration and attendance, as determined pursuant to |
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| Section 11E-70 of this Code, the positions of teachers in |
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| contractual continued service in the districts involved in the |
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| creation of the new district are transferred to the newly |
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| created district pursuant to the provisions of Section 24-12 of |
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| this Code relative to teachers having contractual continued |
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| service status whose positions are transferred from one board |
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| to the control of a different board, and those provisions of |
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| Section 24-12 shall apply to these transferred teachers. The |
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| contractual continued service status of any teacher thereby |
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HB1847 Enrolled |
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LRB095 08702 NHT 31613 b |
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| transferred to the newly created district is not lost and the |
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| new school board is subject to this Code with respect to the |
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| transferred teacher in the same manner as if the teacher was |
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| that district's employee and had been its employee during the |
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| time the teacher was actually employed by the school board of |
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| the district from which the position was transferred.
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| (c) When the creation of a unit district or a combined |
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| school district becomes effective for purposes of |
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| administration and attendance, as determined pursuant to |
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| Section 11E-70 of this Code, the positions of educational |
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| support personnel employees in the districts involved in the |
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| creation of the new district shall be transferred to the newly |
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| created district pursuant to subsection (b) of Section 10-23.5 |
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| of this Code. The length of continuing service of any |
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| educational support personnel employee thereby transferred to |
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| the newly created district is not lost and the new school board |
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| is subject to this Code with respect to the transferred |
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| educational support personnel employee in the same manner as if |
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| the educational support personnel employee had been that |
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| district's employee during the time the educational support |
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| personnel employee was actually employed by the school board of |
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| the district from which the position was transferred.
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| (Source: P.A. 94-1019, eff. 7-10-06; revised 8-23-06.) |
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| Section 90. The State Mandates Act is amended by adding |
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| Section 8.31 as follows: |