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.