Full Text of SB3418 100th General Assembly
SB3418sam001 100TH GENERAL ASSEMBLY | Sen. Sue Rezin Filed: 3/1/2018
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| 1 | | AMENDMENT TO SENATE BILL 3418
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3418 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 10-21.4 as follows:
| 6 | | (105 ILCS 5/10-21.4) (from Ch. 122, par. 10-21.4)
| 7 | | Sec. 10-21.4. Superintendent - Duties. | 8 | | (a) Except in districts
in which there is only one school | 9 | | with fewer than 4
teachers, to employ a superintendent or share | 10 | | the services of a superintendent as otherwise provided in this | 11 | | Section , who shall have charge
of the administration of the | 12 | | schools under the direction of
the board of education. However, | 13 | | in any school district that has boundaries that lie in 3 | 14 | | counties, one county of which has a population exceeding | 15 | | 1,000,000 inhabitants, that has an enrollment of more than | 16 | | 35,000 students, and that has on staff properly licensed |
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| 1 | | assistant superintendents or directors in the areas of | 2 | | instruction, finance, special education, assessments, and | 3 | | career and technology education, the school board may instead, | 4 | | by a vote of a majority of its full membership, appoint a chief | 5 | | executive officer to serve as its superintendent, who shall be | 6 | | a person of recognized administrative ability and management | 7 | | experience, hold a master's degree, have been employed with the | 8 | | school district for a minimum of 5 years in an administrative | 9 | | capacity, be responsible for the management of the district, | 10 | | and have all other powers and duties of a superintendent as set | 11 | | forth in this Code, but who shall be exempt from the provisions | 12 | | and requirements of Section 21B-15 of this Code for a period of | 13 | | 5 years. | 14 | | (b) A school board shall, upon passage of a referendum as | 15 | | provided in subsection (c) of this Section after submission of | 16 | | a petition signed by no less than 8% of the school district's | 17 | | voters in the last consolidated election, or may, by | 18 | | resolution, enter into a joint agreement with other school | 19 | | boards to share the services of a superintendent or other | 20 | | administrator. Each school board involved in the joint | 21 | | agreement must agree to the joint agreement by resolution or by | 22 | | passage of a referendum. The agreement must include the amount | 23 | | that each school board shall contribute to the salary of the | 24 | | superintendent or other administrator. The superintendent or | 25 | | other administrator may be employed by one school board, which | 26 | | shall be reimbursed on a mutually agreed-to basis with other |
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| 1 | | school boards that are parties to the joint agreement. The | 2 | | joint agreement may be amended at any time as provided in the | 3 | | joint agreement or, if the joint agreement does not so provide, | 4 | | the agreement may be amended at any time upon the adoption of a | 5 | | resolution (if the original joint agreement was entered into | 6 | | upon adoption of a resolution) or the passage of a referendum | 7 | | (if the original joint agreement was entered into upon passage | 8 | | of a referendum) in all member school districts. A fully | 9 | | executed copy of the joint agreement shall be filed with the | 10 | | State Board of Education. | 11 | | (c) A petition to enter into a joint agreement under | 12 | | subsection (b) of this Section shall be filed with the | 13 | | applicable election authority, as defined in Section 1-3 of the | 14 | | Election Code, or, in the case of multiple election | 15 | | authorities, with the State Board of Elections no more than 10 | 16 | | months and no less than 6 months prior to the election at which | 17 | | the question is to be submitted to the voters, and its validity | 18 | | shall be determined as provided by Article 28 of the Election | 19 | | Code. The election authority or Board, as applicable, shall | 20 | | certify the question and the proper election authority or | 21 | | authorities shall submit the question to the voters. Except as | 22 | | otherwise provided in this Section, this referendum shall be | 23 | | subject to all other general election law requirements. The | 24 | | proposition shall be in substantially the following form: | 25 | | Shall the (school district) enter into a joint | 26 | | agreement with (other school district or districts) to |
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| 1 | | share the services of a (superintendent or other | 2 | | administrator)? | 3 | | Votes shall be recorded as "Yes" or "No". | 4 | | If a majority of all votes cast on the proposition are in | 5 | | favor of the proposition or the school board adopts a | 6 | | resolution in all affected school districts, the school boards | 7 | | shall enter into a joint agreement. | 8 | | (d) A school district wishing to withdraw from a joint | 9 | | agreement under this Section shall obtain from its school board | 10 | | a written resolution approving the withdrawal if the school | 11 | | district entered into the joint agreement by resolution. The | 12 | | withdrawing school district must present a written petition for | 13 | | withdrawal from the joint agreement to the other member school | 14 | | districts within the timelines designated by the joint | 15 | | agreement. Upon approval of the petition by all of the | 16 | | remaining member school districts, the petitioning school | 17 | | district shall be withdrawn from the joint agreement effective | 18 | | the following July 1 and shall provide the State Board of | 19 | | Education written notification of the approved withdrawal. If | 20 | | the petition for withdrawal is not approved and the petitioning | 21 | | school district is a part of a Class II county school unit | 22 | | outside of a city with 500,000 or more inhabitants, the | 23 | | petitioning school district may appeal the disapproval | 24 | | decision to the regional board of school trustees of the | 25 | | township that has jurisdiction and authority over the | 26 | | withdrawing school district. If a school district is not under |
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| 1 | | the jurisdiction and authority of the regional board of school | 2 | | trustees of a township, a hearing panel shall be established by | 3 | | the chief administrative officer of the intermediate service | 4 | | center having jurisdiction over the withdrawing school | 5 | | district. The hearing panel shall be made up of 3 members who | 6 | | have a demonstrated interest and background in education. A | 7 | | hearing panel member may not reside within the withdrawing | 8 | | school district and may not be a current school board member or | 9 | | employee of the withdrawing school district or hold any county | 10 | | office. None of the hearing panel members may reside within the | 11 | | same school district. The hearing panel shall serve without | 12 | | remuneration; however, the necessary expenses, including | 13 | | travel, attendant upon any meeting or hearing in relation to | 14 | | these proceedings must be paid. If the regional board of school | 15 | | trustees of the township having jurisdiction and authority over | 16 | | the withdrawing school district or the hearing panel | 17 | | established by the chief administrative officer of the | 18 | | intermediate service center having jurisdiction over the | 19 | | withdrawing school district approves the petition for | 20 | | withdrawal, then the petitioning school district shall be | 21 | | withdrawn from the joint agreement effective the following July | 22 | | 1 and shall notify the State Board of Education of the approved | 23 | | withdrawal in writing. | 24 | | (e) A school district wishing to withdraw from a joint | 25 | | agreement under this Section shall submit to the voters of the | 26 | | district at the next consolidated election the question of |
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| 1 | | whether the school district shall withdraw from the joint | 2 | | agreement if the school district entered into the joint | 3 | | agreement by a referendum vote. In addition, the question shall | 4 | | be submitted to the voters of the district at the next | 5 | | consolidated election upon submission of a petition signed by | 6 | | no less than 8% of the district's voters in the last | 7 | | consolidated election. The petition or other school board | 8 | | action shall be filed with the applicable election authority, | 9 | | as defined in Section 1-3 of the Election Code, or, in the case | 10 | | of multiple election authorities, with the State Board of | 11 | | Elections no more than 10 months and no less than 6 months | 12 | | prior to the election at which the question is to be submitted | 13 | | to the voters, and its validity shall be determined as provided | 14 | | by Article 28 of the Election Code. The election authority or | 15 | | Board, as applicable, shall certify the question and the proper | 16 | | election authority or authorities shall submit the question to | 17 | | the voters. Except as otherwise provided in this Section, this | 18 | | referendum shall be subject to all other general election law | 19 | | requirements. The proposition shall be in substantially the | 20 | | following form: | 21 | | Shall the (school district) withdraw from the joint | 22 | | agreement with (other school district or districts) and | 23 | | cease sharing the services of a (superintendent or other | 24 | | administrator)? | 25 | | Votes shall be recorded as "Yes" or "No". | 26 | | If a majority of all votes cast on the proposition are in |
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| 1 | | favor of the proposition, the school district shall be | 2 | | withdrawn from the joint agreement effective the following July | 3 | | 1 and shall provide the State Board of Education written | 4 | | notification of the approved withdrawal. | 5 | | (f) In addition to the administrative
duties, the | 6 | | superintendent shall make recommendations to
the board | 7 | | concerning the budget, building plans, the
locations of sites, | 8 | | the selection, retention and dismissal of teachers
and all | 9 | | other employees, the selection of textbooks, instructional | 10 | | material
and courses of study.
However, in districts under a | 11 | | Financial Oversight Panel pursuant to
Section 1A-8 for | 12 | | violating a financial plan, the duties and responsibilities of
| 13 | | the superintendent in relation to the financial and business | 14 | | operations of the
district shall be approved by the Panel. In | 15 | | the event the Board refuses or
fails to follow a directive or | 16 | | comply with an information request of the Panel,
the | 17 | | performance of those duties shall be subject to the direction | 18 | | of the
Panel.
The superintendent shall also notify the State | 19 | | Board
of Education, the board and the chief administrative | 20 | | official, other than
the alleged perpetrator himself, in the | 21 | | school where the alleged
perpetrator serves, that any person | 22 | | who is employed in a school or
otherwise comes into frequent | 23 | | contact with children
in the school has been named as a | 24 | | perpetrator in an indicated report filed
pursuant to the Abused | 25 | | and Neglected Child Reporting Act, approved June 26,
1975, as | 26 | | amended. The superintendent shall keep or cause to be kept the
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| 1 | | records and accounts as directed and required by the board, aid | 2 | | in making
reports required by the board, and perform such other | 3 | | duties as the board
may delegate to him.
| 4 | | In addition, each year at a time designated by the State | 5 | | Superintendent of Education,
each
superintendent shall report | 6 | | to the State Board of Education the number of high school | 7 | | students in the
district who are enrolled in accredited courses | 8 | | (for which high school
credit will be awarded upon successful | 9 | | completion of the courses) at any
community college, together | 10 | | with the name and number of the course or
courses which each | 11 | | such student is taking.
| 12 | | (g) The provisions of this Section shall also apply to
| 13 | | board of director districts.
| 14 | | (h) Notice of intent not to renew
a contract must be given | 15 | | in writing stating the
specific reason therefor by April 1 of | 16 | | the contract
year unless the contract specifically provides | 17 | | otherwise.
Failure to do so will automatically extend the | 18 | | contract
for an additional year. Within 10 days after receipt | 19 | | of
notice of intent not to renew a contract, the superintendent
| 20 | | may request a closed session hearing on the dismissal. At the | 21 | | hearing the
superintendent has the privilege of presenting | 22 | | evidence, witnesses and
defenses on the grounds for dismissal.
| 23 | | The provisions of this paragraph shall not apply to a district | 24 | | under a
Financial Oversight Panel pursuant to Section 1A-8 for | 25 | | violating a financial
plan.
| 26 | | (Source: P.A. 99-846, eff. 6-1-17 .)".
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