|  |
Public Act 095-0110
Public Act 0110 95TH GENERAL ASSEMBLY
|
|
Public Act 095-0110
|
| HB1651 Enrolled |
LRB095 09155 NHT 31797 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 Section | 10-22.22b 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.
|
| (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.)
|
Effective Date: 1/1/2008
|
|
|
|
Translate
