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| [ House Amendment 001 ] |
91_HB0131ham002
LRB9100820NTsbam01
1 AMENDMENT TO HOUSE BILL 131
2 AMENDMENT NO. . Amend House Bill 131 as follows:
3 on page 3, line 13, by replacing "consolidating" with
4 "reorganizing"; and
5 on page 3, line 28, after "10", by inserting "and shall be
6 set by the agreement entered into by the participating
7 districts"; and
8 on page 5, by replacing lines 16 through 26 with the
9 following:
10 "(g) Upon formation of the cooperative high school, the
11 school board of each participating district shall:
12 (1) confer and coordinate with each other and the
13 governing board, if the governing board is then in
14 existence, as to staffing needs for the cooperative high
15 school;
16 (2) in consultation with any exclusive employee
17 representatives and the governing board, if the governing
18 board is then in existence, establish a combined list of
19 teachers in all participating districts, categorized by
20 positions, showing the length of service and the
21 contractual continued service status, if any, of each
22 teacher in each participating district who is qualified
23 to hold any such positions at the cooperative high
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1 school, and then distribute this list to the exclusive
2 employee representatives on or before February 1 of the
3 school year prior to the commencement of the operation of
4 the cooperative high school or within 30 days after the
5 date of the referendum election if the proposition
6 receives a majority of those voting in each district,
7 whichever occurs first. This list is in addition to and
8 not a substitute for the list mandated by Section 24-12
9 of this Code; and
10 (3) transfer to the governing board of the
11 cooperative high school the employment and the position
12 of so many of the full-time or part-time high school
13 teachers employed by a participating district as are
14 jointly determined by the school boards of the
15 participating districts and the governing board, if the
16 governing board is then in existence, to be needed at the
17 cooperative high school, provided that these teacher
18 transfers shall be done:
19 (A) by categories listed on the seniority list
20 mentioned in subdivision (2) of this subsection (g);
21 (B) in each category, by having teachers in
22 contractual continued service being transferred
23 before any teachers who are not in contractual
24 continued service; and
25 (C) in order from greatest seniority first
26 through lesser amounts of seniority.
27 A teacher who is not in contractual continued service
28 shall not be transferred if there is a teacher in contractual
29 continued service in the same category who is qualified to
30 hold the position that is to be filled.
31 If there are more teachers who have entered upon
32 contractual continued service than there are available
33 positions at the cooperative high school or within other
34 assignments in the district, a school board shall first
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1 remove or dismiss all teachers who have not entered upon
2 contractual continued service before removing or dismissing
3 any teacher who has entered upon contractual continued
4 service and who is legally qualified (i) to hold a position
5 at the cooperative high school planned to be held by a
6 teacher who has not entered upon contractual continued
7 service or (ii) to hold another position in the participating
8 district. As between teachers who have entered upon
9 contractual continued service, the teacher or teachers with
10 the shorter length of continuing service in any of the
11 participating districts shall be dismissed first. Any
12 teacher dismissed as a result of such a decrease shall be
13 paid all earned compensation on or before the third business
14 day following the last day of pupil attendance in the regular
15 school term. If the school board that has dismissed a
16 teacher or the governing board has any vacancies for the
17 following school term or within one calendar year from the
18 beginning of the following school term, the positions thereby
19 becoming available shall be tendered to the teachers so
20 removed or dismissed so far as they are legally qualified to
21 hold such positions. However, if the number of honorable
22 dismissal notices in all participating districts exceeds 15%
23 of full-time equivalent positions filled by certified
24 employees (excluding principals and administrative personnel)
25 during the preceding school year in all participating
26 districts and if the school board that has dismissed a
27 teacher or the governing board has any vacancies for the
28 following school term or within 2 calendar years from the
29 beginning of the following school term, the positions so
30 becoming available shall be tendered to the teachers who were
31 so notified, removed, or dismissed whenever these teachers
32 are legally qualified to hold such positions."; and
33 on page 5, line 27, by deleting "having contractual continued
34 service"; and
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1 on page 6, by replacing line 1 with the following:
2 "from which the position and the teacher's employment were
3 transferred. The time spent in employment with a
4 participating district by any teacher who has not yet entered
5 upon contractual continued service and who is transferred to
6 the governing board is not lost when computing the time
7 necessary for the teacher to enter upon contractual continued
8 service, and the governing board is subject to this Code with
9 respect to the teacher in the same manner as if the teacher
10 had been the governing board's employee during the time the
11 teacher was actually employed by the school board from which
12 the position and the teacher's employment were transferred.";
13 and
14 on page 6, line 5, after "apply.", by inserting "In that
15 case, a district is subject to this Code in the same manner
16 as if the teacher transferred back had been continuously in
17 the service of the receiving district."; and
18 on page 6, immediately below line 14, by inserting the
19 following:
20 "(h) Upon formation of the cooperative high school, the
21 school board of each participating district shall:
22 (1) confer and coordinate with each other and the
23 governing board, if the governing board is then in
24 existence, as to needs for educational support personnel
25 for the cooperative high school;
26 (2) in consultation with any exclusive employee
27 representative or bargaining agent and the governing
28 board, if the governing board is then in existence,
29 establish a combined list of educational support
30 personnel in participating districts, categorized by
31 positions, showing the length of continuing service of
32 each full-time educational support personnel employee who
33 is qualified to hold any such position at the cooperative
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1 high school, and then distribute this list to the
2 exclusive employee representative or bargaining agent on
3 or before February 1 of the school year prior to the
4 commencement of the operation of the cooperative high
5 school or within 30 days after the date of the referendum
6 election if the proposition receives a majority of those
7 voting in each district, whichever occurs first; and
8 (3) transfer to the governing board of the
9 cooperative high school the employment and the positions
10 of so many of the full-time educational support personnel
11 employees employed by a participating district as are
12 jointly determined by the school boards of the
13 participating districts and the governing board, if the
14 governing board is then in existence, to be needed at the
15 cooperative high school, provided that the full-time
16 educational personnel employee transfers shall be done by
17 categories on the seniority list mentioned in subdivision
18 (2) of this subsection (h) and done in order from
19 greatest seniority first through lesser amounts of
20 seniority.
21 If there are more full-time educational support personnel
22 employees than there are available positions at the
23 cooperative high school or in the participating district, a
24 school board shall first remove or dismiss those educational
25 support personnel employees with the shorter length of
26 continuing service in any of the participating districts,
27 within the respective category of position. The governing
28 board is subject to this Code with respect to the educational
29 support personnel employee as if the educational support
30 personnel employee had been the governing board's employee
31 during the time the educational support personnel employee
32 was actually employed by the school board of the district
33 from which the employment and position were transferred. Any
34 educational support personnel employee dismissed as a result
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1 of such a decrease shall be paid all earned compensation on
2 or before the third business day following his or her last
3 day of employment. If the school board that has dismissed the
4 educational support personnel employee or the governing board
5 has any vacancies for the following school term or within one
6 calendar year from the beginning of the following school
7 term, the positions thereby becoming available within a
8 specific category of position shall be tendered to the
9 employees so removed or dismissed from that category of
10 position so far as they are legally qualified to hold such
11 positions. If the cooperative high school is dissolved, any
12 educational support personnel employee who was transferred
13 from a participating district shall be transferred back to
14 the district and Section 10-23.5 of this Code shall apply.
15 In that case, a district is subject to this Code in the same
16 manner as if the educational support personnel employee
17 transferred back had been continuously in the service of the
18 receiving district.".