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91_HB0131eng HB0131 Engrossed LRB9100820NTsb 1 AN ACT to amend the School Code by changing Section 2 10-22.22c. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The School Code is amended by changing 6 Section 10-22.22c as follows: 7 (105 ILCS 5/10-22.22c) (from Ch. 122, par. 10-22.22c) 8 Sec. 10-22.22c. (a) Subject to the following provisions 9 of this Section two or more contiguous school districts each 10 of which has an enrollment in grades 9 through 12 of less 11 than 600 students may, when in their judgment the interest of 12 the districts and of the students therein will be best 13 served, jointly operate one or more cooperative high schools 14school attendance centers. Such action shall be taken for a 15 minimum period of 205school years, and may be taken only 16 with the approval of the voters of each district. A district 17 with 600 or more students enrolled in grades 9 through 12 may 18 qualify for inclusion with one or more districts having less 19 than 600 such students by receiving a size waiver from the 20 State Board of Education based on a finding that such 21 inclusion would significantly increase the educational 22 opportunities of the district's students, and by meeting the 23 other prerequisites of this Section. The board of each 24 district contemplating such joint operation shall, by proper 25 resolution, cause the proposition to enter into such joint 26 operation to be submitted to the voters of the district at a 27 regularly scheduled election. Notice shall be published at 28 least 10 days prior to the date of the election at least once 29 in one or more newspapers published in the district or, if no 30 newspaper is published in the district, in one or more 31 newspapers with a general circulation within the district. HB0131 Engrossed -2- LRB9100820NTsb 1 The notice shall be substantially in the following form: 2 NOTICE OF REFERENDUM FOR SCHOOL DISTRICT 3 NO. ....... AND SCHOOL DISTRICT NO. ....... 4 TO JOINTLY OPERATE (A) COOPERATIVE HIGH 5 SCHOOL (SCHOOLS)ATTENDANCE CENTER (CENTERS)6 Notice is hereby given that on (insert date),the .......7day of ......., 19....,a referendum will be held in ....... 8 County (Counties) for the purpose of voting for or against 9 the proposition for School District No. ....... and School 10 District No. ....... to jointly operate (a) cooperative high 11 school (schools)attendance center (centers). 12 The polls will be open at ....... o'clock....... m., and 13 close at ....... o'clock....... m., of the same day. 14 A ........ B ........ 15 Dated (insert date). 16this ....... day of ......., 19......17 Regional Superintendent of Schools 18 The proposition shall be in substantially the following 19 form: 20 ------------------------------------------------------------- 21 Shall the Board of Education of 22 School District No. ...., ..... YES 23 County (Counties), Illinois be 24 authorized to enter with 25 into an agreement with School ---------------------- 26 District No. ...., .... County 27 (Counties), Illinois to jointly 28 operate (a) cooperative high NO 29 school (schools)attendance center (centers)? 30 ------------------------------------------------------------- 31 If the majority of those voting on the proposition in each 32 district vote in favor of the proposition, the school boards 33 of the participating districts may, if they agree on terms, 34 execute a contract for such joint operation subject to the HB0131 Engrossed -3- LRB9100820NTsb 1 following provisions of this Section. 2 (b) The agreement for joint operation of any such 3 cooperative high schoolattendance centershallbe executed4on forms provided by the State Board of Education and shall5 include, but not be limited to,a process to resolve disputes6on matter which each participating district cannot agree,7 provisions for administration, staff, programs, financing, 8 facilities, and transportationsubject to the provisions of9this Section. Such agreements may be modified, extended, or 10 terminated by approval of each of the participating districts 11 , provided that a district may withdraw from the agreement 12 during its initial 20-year term only if the district is 13 reorganizing with one or more districts under other 14 provisions of this Code. Even if 2 or more of the 15 participating district boards approve an extension of the 16 agreement, any other participating district shall, upon 17 failure of its board to approve such extension, disengage 18 from such participation at the end of the then current 19 agreement term. 20 (c) A governingAn advisoryboard, which shall govern 21 the operation of any such cooperative high schoolattendance22center, shall be composed of an equal number of board members 23 from each of the participating districts, except that where 24 all participating district boards concur, membership on the 25 governingadvisoryboard may be apportioned to reflect the 26 number of students in each respective district who attend the 27 cooperative high school. The membership of the governing 28advisoryboard shall be not less than 6 nor more than 10 and 29 shall be set by the agreement entered into by the 30 participating districts. The school board of each 31 participating district shall select, from its membership, its 32 representatives on the governingadvisoryboard. The 33 governingadvisoryboard shall prepare and adoptrecommenda 34 budget for the cooperative high schoolattendance centerHB0131 Engrossed -4- LRB9100820NTsb 1which must be approved by each of the participating districts2. The governing board shall administer the cooperative high 3 school in accordance with the agreement of the districts and 4 shall have the power to hire, supervise, and terminate staff; 5 to enter into contracts; to adopt policies for the school; 6 and to take all other actions necessary and proper for the 7 operation of the school. However, the governing board may 8 not levy taxes or incur any indebtedness except within the 9 annual budget approved by the participating districts. 10 (d) (Blank).Each participating school district shall11provide any necessary transportation for students residing in12the district, or enter into an agreement with the other13participating districts for transportation of its students.14 (e) Each participating district shall pay its per capita 15 cost of educating the students residing in its district and 16 attending any such cooperative high schoolattendance center17 into the budget for the maintenance and operation of the 18 cooperative high schoolattendance center or centers. 19 The manner of determiningSuchper capita cost shall be 20 set forth in the agreement. Each district shall pay the 21 amount owed the governing board under the terms of the 22 agreement from the fund that the district would have used if 23 the district had incurred the costs directly and may levy 24 taxes and issue bonds as otherwise authorized for these 25 purposes in order to make payments to the governing board. 26computed in the following manner. The cost of operating and27maintaining each such cooperative high school attendance28center shall be first determined by the advisory board and29shall include the following expenses applicable only to each30such attendance center under rules and regulations31established by the State Board of Education as follows:32(1) Salaries of principals, teachers, professional33workers, necessary noncertified workers, clerks, librarians,34custodial employees, and any district taxes leviedHB0131 Engrossed -5- LRB9100820NTsb 1specifically for their pension and retirement benefits.2(2) Educational supplies and equipment, including3textbooks.4(3) Administrative costs and communication.5(4) Operation of physical plant, including heat, light,6water, repairs, and maintenance.7(5) Auxiliary service, including up to 20% of8unreimbursed transportation costs.9(6) Depreciation of physical facilities at a rate not to10exceed $200 per pupil.11 (f) Additional school districts having an enrollment in 12 grades 9 through 12 of less than 600 students may be added to 13 the agreement in accordance with the process described in 14 subsection (a) of this Section. In the event additional 15 districts are added, a new contract shall be executed in 16 accordance with the provisions of this Section. 17 (g) Upon formation of the cooperative high school, the 18 school board of each participating district shall: 19 (1) confer and coordinate with each other and the 20 governing board, if the governing board is then in 21 existence, as to staffing needs for the cooperative high 22 school; 23 (2) in consultation with any exclusive employee 24 representatives and the governing board, if the governing 25 board is then in existence, establish a combined list of 26 teachers in all participating districts, categorized by 27 positions, showing the length of service and the 28 contractual continued service status, if any, of each 29 teacher in each participating district who is qualified 30 to hold any such positions at the cooperative high 31 school, and then distribute this list to the exclusive 32 employee representatives on or before February 1 of the 33 school year prior to the commencement of the operation of 34 the cooperative high school or within 30 days after the HB0131 Engrossed -6- LRB9100820NTsb 1 date of the referendum election if the proposition 2 receives a majority of those voting in each district, 3 whichever occurs first. This list is in addition to and 4 not a substitute for the list mandated by Section 24-12 5 of this Code; and 6 (3) transfer to the governing board of the 7 cooperative high school the employment and the position 8 of so many of the full-time or part-time high school 9 teachers employed by a participating district as are 10 jointly determined by the school boards of the 11 participating districts and the governing board, if the 12 governing board is then in existence, to be needed at the 13 cooperative high school, provided that these teacher 14 transfers shall be done: 15 (A) by categories listed on the seniority list 16 mentioned in subdivision (2) of this subsection (g); 17 (B) in each category, by having teachers in 18 contractual continued service being transferred 19 before any teachers who are not in contractual 20 continued service; and 21 (C) in order from greatest seniority first 22 through lesser amounts of seniority. 23 A teacher who is not in contractual continued service 24 shall not be transferred if there is a teacher in contractual 25 continued service in the same category who is qualified to 26 hold the position that is to be filled. 27 If there are more teachers who have entered upon 28 contractual continued service than there are available 29 positions at the cooperative high school or within other 30 assignments in the district, a school board shall first 31 remove or dismiss all teachers who have not entered upon 32 contractual continued service before removing or dismissing 33 any teacher who has entered upon contractual continued 34 service and who is legally qualified (i) to hold a position HB0131 Engrossed -7- LRB9100820NTsb 1 at the cooperative high school planned to be held by a 2 teacher who has not entered upon contractual continued 3 service or (ii) to hold another position in the participating 4 district. As between teachers who have entered upon 5 contractual continued service, the teacher or teachers with 6 the shorter length of continuing service in any of the 7 participating districts shall be dismissed first. Any 8 teacher dismissed as a result of such a decrease shall be 9 paid all earned compensation on or before the third business 10 day following the last day of pupil attendance in the regular 11 school term. If the school board that has dismissed a 12 teacher or the governing board has any vacancies for the 13 following school term or within one calendar year from the 14 beginning of the following school term, the positions thereby 15 becoming available shall be tendered to the teachers so 16 removed or dismissed so far as they are legally qualified to 17 hold such positions. However, if the number of honorable 18 dismissal notices in all participating districts exceeds 15% 19 of full-time equivalent positions filled by certified 20 employees (excluding principals and administrative personnel) 21 during the preceding school year in all participating 22 districts and if the school board that has dismissed a 23 teacher or the governing board has any vacancies for the 24 following school term or within 2 calendar years from the 25 beginning of the following school term, the positions so 26 becoming available shall be tendered to the teachers who were 27 so notified, removed, or dismissed whenever these teachers 28 are legally qualified to hold such positions. 29 The provisions of Section 24-12 of this Code concerning 30 teachers whose positions are transferred from one board to 31 the control of a different board shall apply to the teachers 32 who are transferred. The contractual continued service of 33 any transferred teacher is not lost and the governing board 34 is subject to this Code with respect to the teacher in the HB0131 Engrossed -8- LRB9100820NTsb 1 same manner as if the teacher had been the governing board's 2 employee during the time the teacher was actually employed by 3 the board of the district from which the position and the 4 teacher's employment were transferred. The time spent in 5 employment with a participating district by any teacher who 6 has not yet entered upon contractual continued service and 7 who is transferred to the governing board is not lost when 8 computing the time necessary for the teacher to enter upon 9 contractual continued service, and the governing board is 10 subject to this Code with respect to the teacher in the same 11 manner as if the teacher had been the governing board's 12 employee during the time the teacher was actually employed by 13 the school board from which the position and the teacher's 14 employment were transferred. 15 If the cooperative high school is dissolved, any teacher 16 who was transferred from a participating district shall be 17 transferred back to the district and Section 24-12 of this 18 Code shall apply. In that case, a district is subject to 19 this Code in the same manner as if the teacher transferred 20 back had been continuously in the service of the receiving 21 district.Administrators, teachers and other staff assigned22to the cooperative high school attendance center or centers23by participating school districts shall continue to be24subject to employment by and to maintain all rights,25privileges and benefits in the districts from which they were26assigned, however, the participating districts may jointly27employ a principal to oversee the administration of the28cooperative high school attendance center agreement provided29the principal does not have authority to employ or terminate30the employment of other personnel.31 (h) Upon formation of the cooperative high school, the 32 school board of each participating district shall: 33 (1) confer and coordinate with each other and the 34 governing board, if the governing board is then in HB0131 Engrossed -9- LRB9100820NTsb 1 existence, as to needs for educational support personnel 2 for the cooperative high school; 3 (2) in consultation with any exclusive employee 4 representative or bargaining agent and the governing 5 board, if the governing board is then in existence, 6 establish a combined list of educational support 7 personnel in participating districts, categorized by 8 positions, showing the length of continuing service of 9 each full-time educational support personnel employee who 10 is qualified to hold any such position at the cooperative 11 high school, and then distribute this list to the 12 exclusive employee representative or bargaining agent on 13 or before February 1 of the school year prior to the 14 commencement of the operation of the cooperative high 15 school or within 30 days after the date of the referendum 16 election if the proposition receives a majority of those 17 voting in each district, whichever occurs first; and 18 (3) transfer to the governing board of the 19 cooperative high school the employment and the positions 20 of so many of the full-time educational support personnel 21 employees employed by a participating district as are 22 jointly determined by the school boards of the 23 participating districts and the governing board, if the 24 governing board is then in existence, to be needed at the 25 cooperative high school, provided that the full-time 26 educational personnel employee transfers shall be done by 27 categories on the seniority list mentioned in subdivision 28 (2) of this subsection (h) and done in order from 29 greatest seniority first through lesser amounts of 30 seniority. 31 If there are more full-time educational support personnel 32 employees than there are available positions at the 33 cooperative high school or in the participating district, a 34 school board shall first remove or dismiss those educational HB0131 Engrossed -10- LRB9100820NTsb 1 support personnel employees with the shorter length of 2 continuing service in any of the participating districts, 3 within the respective category of position. The governing 4 board is subject to this Code with respect to the educational 5 support personnel employee as if the educational support 6 personnel employee had been the governing board's employee 7 during the time the educational support personnel employee 8 was actually employed by the school board of the district 9 from which the employment and position were transferred. Any 10 educational support personnel employee dismissed as a result 11 of such a decrease shall be paid all earned compensation on 12 or before the third business day following his or her last 13 day of employment. If the school board that has dismissed the 14 educational support personnel employee or the governing board 15 has any vacancies for the following school term or within one 16 calendar year from the beginning of the following school 17 term, the positions thereby becoming available within a 18 specific category of position shall be tendered to the 19 employees so removed or dismissed from that category of 20 position so far as they are legally qualified to hold such 21 positions. If the cooperative high school is dissolved, any 22 educational support personnel employee who was transferred 23 from a participating district shall be transferred back to 24 the district and Section 10-23.5 of this Code shall apply. 25 In that case, a district is subject to this Code in the same 26 manner as if the educational support personnel employee 27 transferred back had been continuously in the service of the 28 receiving district. 29 (Source: P.A. 85-759; 85-1005; revised 10-20-98.)