(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.
............Dated (insert date).
The proposition shall be in substantially the following form:
--------------------------------------------------------------------------------------------------------------------- Shall the Boardof Education of SchoolDistrict No. ...., YES..... County, Illinois, beauthorized to deactivate --------------------------------------------------------------------------the .... School facilityand to send pupils in ....... NO School to SchoolDistrict(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 subsection (h) of Section 24-11 of this Code 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 subsection (a) of Section 24-11 of this Code, 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 |
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
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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.
............
Dated (insert date).
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. 99-657, eff. 7-28-16.)
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