Public Act 095-0148
 
HB1847 Enrolled LRB095 08702 NHT 31613 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Sections
10-22.22b, 10-23.5, and 11E-110 as follows:
 
    (105 ILCS 5/10-22.22b)  (from Ch. 122, par. 10-22.22b)
    Sec. 10-22.22b. (a) The provisions of this subsection shall
not apply to the deactivation of a high school facility under
subsection (c). Where in its judgment the interests of the
district and of the students therein will be best served, to
deactivate any high school facility or elementary school
facility in the district and send the students of such high
school in grades 9 through 12 or such elementary school in
grades kindergarten through 8, as applicable, to schools in
other districts. Such action may be taken only with the
approval of the voters in the district and the approval, by
proper resolution, of the school board of the receiving
district. The board of the district contemplating deactivation
shall, by proper resolution, cause the proposition to
deactivate the school facility to be submitted to the voters of
the district at a regularly scheduled election. Notice shall be
published at least 10 days prior to the date of the election at
least once in one or more newspapers published in the district
or, if no newspaper is published in the district, in one or
more newspapers with a general circulation within the district.
The notice shall be substantially in the following form:
NOTICE OF REFERENDUM TO
DEACTIVATE THE ... SCHOOL FACILITY
IN SCHOOL DISTRICT NO. ........
    Notice is hereby given that on (insert date), a referendum
will be held in ........ County (Counties) for the purpose of
voting for or against the proposition to deactivate the ......
School facility in School District No. ...... and to send
pupils in ...... School to School District(s) No. .......
    The polls will be open at .... o'clock ... m., and close at
.... o'clock ... m. of the same day.
          A............ B...............
Dated (insert date).
Regional Superintendent of Schools
 
The proposition shall be in substantially the following form:
-------------------------------------------------------------
    Shall the Board
of Education of School
District No. ....,                       YES
..... County, Illinois, be
authorized to deactivate            -------------------------
the ....  School facility
and to send pupils in .......             NO
 School to School
District(s) No. .....?
-------------------------------------------------------------
If the majority of those voting upon the proposition in the
district contemplating deactivation vote in favor of the
proposition, the board of that district, upon approval of the
board of the receiving district, shall execute a contract with
the receiving district providing for the reassignment of
students to the receiving district. If the deactivating
district seeks to send its students to more than one district,
it shall execute a contract with each receiving district. The
length of the contract shall be for 2 school years, but the
districts may renew the contract for additional one year or 2
year periods. Contract renewals shall be executed by January 1
of the year in which the existing contract expires. If the
majority of those voting upon the proposition do not vote in
favor of the proposition, the school facility may not be
deactivated.
    The sending district shall pay to the receiving district an
amount agreed upon by the 2 districts.
    When the deactivation of school facilities becomes
effective pursuant to this Section, the provisions of Section
24-12 relative to the contractual continued service status of
teachers having contractual continued service whose positions
are transferred from one board to the control of a different
board shall apply, and the positions at the school facilities
being deactivated held by teachers, as that term is defined in
Section 24-11, having contractual continued service with the
school district at the time of the deactivation shall be
transferred to the control of the board or boards who shall be
receiving the district's students on the following basis:
        (1) positions of such teachers in contractual
    continued service that were full time positions shall be
    transferred to the control of whichever of such boards such
    teachers shall request with the teachers making such
    requests proceeding in the order of those with the greatest
    length of continuing service with the board to those with
    the shortest length of continuing service with the board,
    provided that the number selecting one board over another
    board or other boards shall not exceed that proportion of
    the school students going to such board or boards; and
        (2) positions of such teachers in contractual
    continued service that were full time positions and as to
    which there is no selection left under subparagraph 1
    hereof shall be transferred to the appropriate board.
    The contractual continued service status of any teacher
thereby transferred to another district is not lost and the
receiving board is subject to the School Code with respect to
such transferred teacher in the same manner as if such teacher
was the district's employee during the time such teacher was
actually employed by the board of the deactivating district
from which the position was transferred.
    When the deactivation of school facilities becomes
effective pursuant to this Section, the provisions of
subsection (b) of Section 10-23.5 of this Code relative to the
transfer of educational support personnel employees shall
apply, and the positions at the school facilities being
deactivated that are held by educational support personnel
employees at the time of the deactivation shall be transferred
to the control of the board or boards that will be receiving
the district's students on the following basis:
        (A) positions of such educational support personnel
    employees that were full-time positions shall be
    transferred to the control of whichever of the boards the
    employees request, with the educational support personnel
    employees making these requests proceeding in the order of
    those with the greatest length of continuing service with
    the board to those with the shortest length of continuing
    service with the board, provided that the number selecting
    one board over another board or other boards must not
    exceed that proportion of students going to such board or
    boards; and
        (B) positions of such educational support personnel
    employees that were full-time positions and as to which
    there is no selection left under subdivision (A) shall be
    transferred to the appropriate board.
The length of continuing service of any educational support
personnel employee thereby transferred to another district is
not lost and the receiving board is subject to this Code with
respect to that transferred educational support personnel
employee in the same manner as if the educational support
personnel employee was the district's employee during the time
the educational support personnel employee was actually
employed by the board of the deactivating district from which
the position was transferred.
    (b) The provisions of this subsection shall not apply to
the reactivation of a high school facility which is deactivated
under subsection (c). The sending district may, with the
approval of the voters in the district, reactivate the school
facility which was deactivated. The board of the district
seeking to reactivate the school facility shall, by proper
resolution, cause the proposition to reactivate to be submitted
to the voters of the district at a regularly scheduled
election. Notice shall be published at least 10 days prior to
the date of the election at least once in one or more
newspapers published in the district or, if no newspaper is
published in the district, in one or more newspapers with a
general circulation within the district. The notice shall be
substantially in the following form:
NOTICE OF REFERENDUM TO
REACTIVATE THE ...... SCHOOL FACILITY
IN SCHOOL DISTRICT NO. ......
    Notice is hereby given that on (insert date), a referendum
will be held in ...... County (Counties) for the purpose of
voting for or against the proposition to reactivate the .....
School facility in School District No. ..... and to discontinue
sending pupils of School District No. ...... to School
District(s) No. .....
    The polls will be opened at ... o'clock .. m., and closed
at ... o'clock .. m. of the same day.
          A............. B............
Dated (insert date).
Regional Superintendent of Schools
 
The proposition shall be in substantially the following form:
-------------------------------------------------------------
    Shall the Board
of Education of School                       YES
District No. ......,
...... County, Illinois,
be  authorized  to                        -------------------
reactivate the ....  School
facility and to discontinue sending
pupils of School District No. ....            NO
to School District(s) No. ......?
-------------------------------------------------------------
    (c) The school board of any unit school district which
experienced a strike by a majority of its certified employees
that endured for over 6 months during the regular school term
of the 1986-1987 school year, and which during the ensuing
1987-1988 school year had an enrollment in grades 9 through 12
of less than 125 students may, when in its judgment the
interests of the district and of the students therein will be
best served thereby, deactivate the high school facilities
within the district for the regular term of the 1988-1989
school year and, for that school year only, send the students
of such high school in grades 9 through 12 to schools in
adjoining or adjacent districts. Such action may only be taken:
(a) by proper resolution of the school board deactivating its
high school facilities and the approval, by proper resolution,
of the school board of the receiving district or districts, and
(b) pursuant to a contract between the sending and each
receiving district, which contract or contracts: (i) shall
provide for the reassignment of all students of the deactivated
high school in grades 9 through 12 to the receiving district or
districts; (ii) shall apply only to the regular school term of
the 1988-1989 school year; (iii) shall not be subject to
renewal or extension; and (iv) shall require the sending
district to pay to the receiving district the cost of educating
each student who is reassigned to the receiving district, such
costs to be an amount agreed upon by the sending and receiving
district but not less than the per capita cost of maintaining
the high school in the receiving district during the 1987-1988
school year. Any high school facility deactivated pursuant to
this subsection for the regular school term of the 1988-1989
school year shall be reactivated by operation of law as of the
end of the regular term of the 1988-1989 school year. The
status as a unit school district of a district which
deactivates its high school facilities pursuant to this
subsection shall not be affected by reason of such deactivation
of its high school facilities and such district shall continue
to be deemed in law a school district maintaining grades
kindergarten through 12 for all purposes relating to the levy,
extension, collection and payment of the taxes of the district
under Article 17 for the 1988-1989 school year.
    (d) Whenever a school facility is reactivated pursuant to
the provisions of this Section, then all teachers in
contractual continued service who were honorably dismissed or
transferred as part of the deactivation process, in addition to
other rights they may have under the School Code, shall be
recalled or transferred back to the original district.
(Source: P.A. 94-213, eff. 7-14-05.)
 
    (105 ILCS 5/10-23.5)  (from Ch. 122, par. 10-23.5)
    Sec. 10-23.5. Educational support personnel employees.
    (a) To employ such educational support personnel employees
as it deems advisable and to define their employment duties;
provided that residency within any school district shall not be
considered in determining the employment or the compensation of
any such employee, or whether to retain, promote, assign or
transfer such employee. If an educational support personnel
employee is removed or dismissed as a result of a decision of
the school board (i) to decrease the number of educational
support personnel employees employed by the board or (ii) to
discontinue some particular type of educational support
service, written notice shall be mailed to the employee and
also given the employee either by certified mail, return
receipt requested or personal delivery with receipt at least 30
days before the employee is removed or dismissed, together with
a statement of honorable dismissal and the reason therefor. The
employee with the shorter length of continuing service with the
district, within the respective category of position, shall be
dismissed first unless an alternative method of determining the
sequence of dismissal is established in a collective bargaining
agreement or contract between the board and any exclusive
bargaining agent and except that this provision shall not
impair the operation of any affirmative action program in the
district, regardless of whether it exists by operation of law
or is conducted on a voluntary basis by the board. If the board
has any vacancies for the following school term or within one
calendar year from the beginning of the following school term,
the positions thereby becoming available within a specific
category of position shall be tendered to the employees so
removed or dismissed from that category of position, so far as
they are qualified to hold such positions. Each board shall, in
consultation with any exclusive employee representative or
bargaining agent, each year establish a list, categorized by
positions, showing the length of continuing service of each
full time educational support personnel employee who is
qualified to hold any such positions, unless an alternative
method of determining a sequence of dismissal is established as
provided for in this Section, in which case a list shall be
made in accordance with the alternative method. Copies of the
list shall be distributed to the exclusive employee
representative or bargaining agent on or before February 1 of
each year. Where an educational support personnel employee is
dismissed by the board as a result of a decrease in the number
of employees or the discontinuance of the employee's job, the
employee shall be paid all earned compensation on or before the
third business day following his or her last day of employment.
    The provisions of this amendatory Act of 1986 relating to
residency within any school district shall not apply to cities
having a population exceeding 500,000 inhabitants.
    (b) In the case of a new school district or districts
formed in accordance with Article 11E of this Code, a school
district or districts that annex all of the territory of one or
more entire other school districts in accordance with Article 7
of this Code, or a school district receiving students from a
deactivated school facility in accordance with Section
10-22.22b of this Code, the employment of educational support
personnel in the new, annexing, or receiving school district
immediately following the reorganization shall be governed by
this subsection (b). Lists of the educational support personnel
employed in the individual districts for the school year
immediately prior to the effective date of the new district or
districts, annexation, or deactivation shall be combined for
the districts forming the new district or districts, for the
annexed and annexing districts, or for the deactivating and
receiving districts, as the case may be. The combined list
shall be categorized by positions, showing the length of
continuing service of each full-time educational support
personnel employee who is qualified to hold any such position.
If there are more full-time educational support personnel
employees on the combined list than there are available
positions in the new, annexing, or receiving school district,
then the employing school board shall first remove or dismiss
those educational support personnel employees with the shorter
length of continuing service within the respective category of
position, following the procedures outlined in subsection (a)
of this Section. The employment and position of each
educational support personnel employee on the combined list not
so removed or dismissed shall be transferred to the new,
annexing, or receiving school board, and the new, annexing, or
receiving school board is subject to this Code with respect to
any educational support personnel employee so transferred as if
the educational support personnel employee had been the new,
annexing, or receiving board's employee during the time the
educational support personnel employee was actually employed
by the school board of the district from which the employment
and position were transferred.
    The changes made by this amendatory Act of the 95th General
Assembly shall not apply to the formation of a new district or
districts in accordance with Article 11E of this Code, the
annexation of one or more entire districts in accordance with
Article 7 of this Code, or the deactivation of a school
facility in accordance with Section 10-22.22b of this Code
effective on or before July 1, 2007.
(Source: P.A. 89-618, eff. 8-9-96; 90-548, eff. 1-1-98.)
 
    (105 ILCS 5/11E-110)
    Sec. 11E-110. Teachers in contractual continued service;
educational support personnel employees.
    (a) When a school district conversion or multi-unit
conversion becomes effective for purposes of administration
and attendance, as determined pursuant to Section 11E-70 of
this Code, the provisions of Section 24-12 of this Code
relative to the contractual continued service status of
teachers having contractual continued service whose positions
are transferred from one school board to the control of a new
or different school board shall apply, and the positions held
by teachers, as that term is defined in Section 24-11 of this
Code, having contractual continued service with the unit
district at the time of its dissolution shall be transferred on
the following basis:
        (1) positions of teachers in contractual continued
    service that, during the 5 school years immediately
    preceding the effective date of the change, as determined
    under Section 11E-70 of this Code, were full-time positions
    in which all of the time required of the position was spent
    in one or more of grades 9 through 12 shall be transferred
    to the control of the school board of the new high school
    district or combined high school - unit district, as the
    case may be;
        (2) positions of teachers in contractual continued
    service that, during the 5 school years immediately
    preceding the effective date of the change, as determined
    under Section 11E-70 of this Code, were full-time positions
    in which all of the time required of the position was spent
    in one or more of grades kindergarten through 8 shall be
    transferred to the control of the school board of the newly
    created successor elementary district; and
        (3) positions of teachers in contractual continued
    service that were full-time positions not required to be
    transferred to the control of the school board of the new
    high school district or combined high school - unit
    district, as the case may be, or the school board of the
    newly created successor elementary district under the
    provisions of subdivision (1) or (2) of this subsection (a)
    shall be transferred to the control of whichever of the
    boards the teacher shall request.
    (4) With respect to each position to be transferred under
the provisions of this subsection (a), the amount of time
required of each position to be spent in one or more of grades
kindergarten through 8 and 9 through 12 shall be determined
with reference to the applicable records of the unit district
being dissolved pursuant to stipulation of the school board of
the unit district prior to the effective date of its
dissolution or thereafter of the school board of the newly
created districts and with the approval in either case of the
regional superintendent of schools of the educational service
region in which the territory described in the petition filed
under this Article or the greater percentage of equalized
assessed evaluation of the territory is situated; however, if
no such stipulation can be agreed upon, the regional
superintendent of schools, after hearing any additional
relevant and material evidence that any school board desires to
submit, shall make the determination.
    (a-5) When a school district conversion or multi-unit
conversion becomes effective for purposes of administration
and attendance, as determined pursuant to Section 11E-70 of
this Code, the provisions of subsection (b) of Section 10-23.5
of this Code relative to the transfer of educational support
personnel employees shall apply, and the positions held by
educational support personnel employees shall be transferred
on the following basis:
        (1) positions of educational support personnel
    employees that, during the 5 school years immediately
    preceding the effective date of the change, as determined
    under Section 11E-70 of this Code, were full-time positions
    in which all of the time required of the position was spent
    in one or more of grades 9 through 12 shall be transferred
    to the control of the school board of the new high school
    district or combined high school - unit district, as the
    case may be;
        (2) positions of educational support personnel
    employees that, during the 5 school years immediately
    preceding the effective date of the change, as determined
    under Section 11E-70 of this Code, were full-time positions
    in which all of the time required of the position was spent
    in one or more of grades kindergarten through 8 shall be
    transferred to the control of the school board of the newly
    created successor elementary district; and
        (3) positions of educational support personnel
    employees that were full-time positions not required to be
    transferred to the control of the school board of the new
    high school district or combined high school - unit
    district, as the case may be, or the school board of the
    newly created successor elementary district under
    subdivision (1) or (2) of this subsection (a-5) shall be
    transferred to the control of whichever of the boards the
    educational support personnel employee requests.
    With respect to each position to be transferred under this
subsection (a-5), the amount of time required of each position
to be spent in one or more of grades kindergarten through 8 and
9 through 12 shall be determined with reference to the
applicable records of the unit district being dissolved
pursuant to stipulation of the school board of the unit
district prior to the effective date of its dissolution or
thereafter of the school board of the newly created districts
and with the approval in either case of the regional
superintendent of schools of the educational service region in
which the territory described in the petition filed under this
Article or the greater percentage of equalized assessed
evaluation of the territory is situated; however, if no such
stipulation can be agreed upon, the regional superintendent of
schools, after hearing any additional relevant and material
evidence that any school board desires to submit, shall make
the determination.
    (b) When the creation of a unit district or a combined
school district becomes effective for purposes of
administration and attendance, as determined pursuant to
Section 11E-70 of this Code, the positions of teachers in
contractual continued service in the districts involved in the
creation of the new district are transferred to the newly
created district pursuant to the provisions of Section 24-12 of
this Code relative to teachers having contractual continued
service status whose positions are transferred from one board
to the control of a different board, and those provisions of
Section 24-12 shall apply to these transferred teachers. The
contractual continued service status of any teacher thereby
transferred to the newly created district is not lost and the
new school board is subject to this Code with respect to the
transferred teacher in the same manner as if the teacher was
that district's employee and had been its employee during the
time the teacher was actually employed by the school board of
the district from which the position was transferred.
    (c) When the creation of a unit district or a combined
school district becomes effective for purposes of
administration and attendance, as determined pursuant to
Section 11E-70 of this Code, the positions of educational
support personnel employees in the districts involved in the
creation of the new district shall be transferred to the newly
created district pursuant to subsection (b) of Section 10-23.5
of this Code. The length of continuing service of any
educational support personnel employee thereby transferred to
the newly created district is not lost and the new school board
is subject to this Code with respect to the transferred
educational support personnel employee in the same manner as if
the educational support personnel employee had been that
district's employee during the time the educational support
personnel employee was actually employed by the school board of
the district from which the position was transferred.
(Source: P.A. 94-1019, eff. 7-10-06; revised 8-23-06.)
 
    Section 90. The State Mandates Act is amended by adding
Section 8.31 as follows:
 
    (30 ILCS 805/8.31 new)
    Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 95th General Assembly.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.