95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1651


 
Introduced 2/22/2007, by Rep. Roger L. Eddy
 
SYNOPSIS AS INTRODUCED:
 		














105 ILCS 5/10-22.22b
  from Ch. 122, par. 10-22.22b







    Amends the School Code.  With respect to deactivation and reactivation of a school facility, removes references to the regional superintendent of schools from the notice of referendum form.
















LRB095 09155 NHT 31797 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB1651

LRB095 09155 NHT 31797 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 Section 
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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 
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not apply
to the deactivation of a high school facility under 
9
subsection (c).  Where in
its judgment the interests of the 
10
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 
13
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 
18
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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or, if no newspaper
is published in the district, in one or 
2
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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 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 
25
are transferred from one board to the
control of a different 
26
board shall apply, and the positions at the
school facilities 
 


 






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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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    (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 
5
facility which was
deactivated.  The board of the district 
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seeking to reactivate the school
facility shall, by proper 
7
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

13
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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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 
25
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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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 
17
school year.  Any high school facility
deactivated pursuant to 
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this subsection for the regular school term of the
1988-1989 
19
school year shall be reactivated by operation of law as of the

20
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 
23
subsection shall not be affected by reason of such
deactivation 
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of its high school facilities and such district shall continue

25
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 
2
under Article 17 for the 1988-1989
school year.

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    (d) Whenever a  school facility is reactivated pursuant
to 
4
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 
7
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.)