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| Public Act 095-0110 |
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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 Section | ||||
10-22.22b 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 | ||||
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
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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
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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:
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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 | ||
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. .......
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The polls will be open at .... o'clock ... m., and close 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
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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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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 | ||
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
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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.
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The sending district shall pay to the receiving district an | ||
amount agreed
upon by the 2 districts.
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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
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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:
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(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
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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
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(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.
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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.
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(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
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general circulation within the district. The notice shall be | ||
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 | ||
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. .....
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The polls will be opened at ... o'clock .. m., and closed | ||
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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(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
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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
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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
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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
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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
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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.
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(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.
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(Source: P.A. 94-213, eff. 7-14-05.)
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