Bill Text: IL SB1287 | 2019-2020 | 101st General Assembly | Engrossed
Bill Title: Reinserts the provisions of the introduced bill with the following changes. Excludes principals and assistant principals from joint agreements to share services with other school districts. Specifies what other administrators may be shared. Provides that the joint agreement must contain clear and equitable funding formulas covering each school district's obligations and must be filed with each applicable regional office of education (rather than only the State Board of Education). Requires the State Board of Education to provide technical support as requested by the school districts or the regional office of education. Provides that shared administrator services may not alter an individual school board's authority to make decisions on behalf of a school district. Provides that if, within 6 months after passage of a referendum or adoption of a resolution, the school boards who are parties to the joint agreement are unable to reach an agreement on how they will share the services of a superintendent or other administrator, the regional office of education that has supervision and control of the school districts that are sharing services or, if more than one, the regional office of education that has supervision and control of the largest portion of the affected school districts must assist in the development of the joint agreement. Provides that a petition to enter into or withdraw from a joint agreement must be filed with the school board's secretary (rather than the applicable election authority or, in the case of multiple election authorities, with the State Board of Elections) no more than 92 days (rather than no more 10 months and no less 3 months) prior to the election at which the question is to be submitted to the voters. Makes conforming and other changes.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Failed) 2021-01-13 - Session Sine Die [SB1287 Detail]
Download: Illinois-2019-SB1287-Engrossed.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | ||||||
5 | 10-21.4 as follows:
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6 | (105 ILCS 5/10-21.4) (from Ch. 122, par. 10-21.4)
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7 | Sec. 10-21.4. Superintendent - Duties ; shared | ||||||
8 | administrators . | ||||||
9 | (a) Except in districts
in which there is only one school | ||||||
10 | with fewer than 4
teachers, to employ a superintendent or share | ||||||
11 | the services of a superintendent as otherwise provided in this | ||||||
12 | Section , who shall have charge
of the administration of the | ||||||
13 | schools under the direction of
the board of education. However, | ||||||
14 | in any school district that has boundaries that lie in 3 | ||||||
15 | counties, one county of which has a population exceeding | ||||||
16 | 1,000,000 inhabitants, that has an enrollment of more than | ||||||
17 | 35,000 students, and that has on staff properly licensed | ||||||
18 | assistant superintendents or directors in the areas of | ||||||
19 | instruction, finance, special education, assessments, and | ||||||
20 | career and technology education, the school board may instead, | ||||||
21 | by a vote of a majority of its full membership, appoint a chief | ||||||
22 | executive officer to serve as its superintendent, who shall be | ||||||
23 | a person of recognized administrative ability and management |
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1 | experience, hold a master's degree, have been employed with the | ||||||
2 | school district for a minimum of 5 years in an administrative | ||||||
3 | capacity, be responsible for the management of the district, | ||||||
4 | and have all other powers and duties of a superintendent as set | ||||||
5 | forth in this Code, but who shall be exempt from the provisions | ||||||
6 | and requirements of Section 21B-15 of this Code for a period of | ||||||
7 | 5 years. | ||||||
8 | (b) Except for a principal or assistant principal, a school | ||||||
9 | board shall, upon passage of a referendum as provided in | ||||||
10 | subsection (c) after submission of a petition signed by no less | ||||||
11 | than 5% of registered voters in the school district in the last | ||||||
12 | consolidated election, or may, by resolution, enter into a | ||||||
13 | joint agreement with other school boards to share the services | ||||||
14 | of a superintendent or other administrator, including, but not | ||||||
15 | limited to, an assistant superintendent, associate | ||||||
16 | superintendent, chief school business official, assistant | ||||||
17 | school business official, special education director or | ||||||
18 | supervisor, assistant special education director or | ||||||
19 | supervisor, general administrator, general supervisor, | ||||||
20 | director or dean, supervisory dean, athletic director, | ||||||
21 | curriculum director, assistant athletic director, or assistant | ||||||
22 | curriculum director. Each school board involved in the joint | ||||||
23 | agreement must agree to the joint agreement by resolution or by | ||||||
24 | passage of a referendum, but not both. A school board is not | ||||||
25 | required to enter into a joint agreement in the same manner as | ||||||
26 | the other school boards in the agreement, as long as the school |
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1 | board agrees to the joint agreement by resolution or by passage | ||||||
2 | of a referendum. The joint agreement must include the amount | ||||||
3 | that each school board shall contribute to the salary of the | ||||||
4 | superintendent or other administrator. The superintendent or | ||||||
5 | other administrator may be employed by one school board, which | ||||||
6 | shall be reimbursed on a mutually agreed-to basis with other | ||||||
7 | school boards that are parties to the joint agreement. The | ||||||
8 | joint agreement must contain clear and equitable funding | ||||||
9 | formulas covering each school district's obligations. The | ||||||
10 | joint agreement may be amended at any time as provided in the | ||||||
11 | joint agreement or, if the joint agreement does not so provide, | ||||||
12 | the agreement may be amended at any time upon the adoption of a | ||||||
13 | resolution (if the original joint agreement was entered into | ||||||
14 | upon adoption of a resolution) or the passage of a referendum | ||||||
15 | (if the original joint agreement was entered into upon passage | ||||||
16 | of a referendum) in all member school districts. A fully | ||||||
17 | executed copy of the joint agreement shall be filed with the | ||||||
18 | State Board of Education and each applicable regional office of | ||||||
19 | education. The State Board of Education must provide technical | ||||||
20 | support as requested by the school districts or a regional | ||||||
21 | office of education. In the event 3 or more school boards | ||||||
22 | decide to enter into a joint agreement and at least one school | ||||||
23 | board submits a referendum under subsection (c) that does not | ||||||
24 | pass, the agreement between the remaining school boards is | ||||||
25 | still valid. | ||||||
26 | Any savings realized by sharing services under this |
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1 | subsection must be divided equally between classroom needs and | ||||||
2 | property tax relief for the school district's residents. | ||||||
3 | Notwithstanding any other provision of this Section, | ||||||
4 | shared administrator services may not alter an individual | ||||||
5 | school board's authority to make decisions on behalf of a | ||||||
6 | school district. | ||||||
7 | (c) A petition to enter into a joint agreement under | ||||||
8 | subsection (b) shall be filed with the school board's secretary | ||||||
9 | no more than 92 days prior to the election at which the | ||||||
10 | question is to be submitted to the voters. The school board's | ||||||
11 | secretary shall certify the question, and the proper election | ||||||
12 | authority or authorities shall submit the question to the | ||||||
13 | voters. This referendum shall be subject to all other general | ||||||
14 | election law requirements. The proposition shall be in | ||||||
15 | substantially the following form: | ||||||
16 | Shall the (school district) enter into a joint | ||||||
17 | agreement with (other school district or districts) to | ||||||
18 | share the services of a (superintendent or other | ||||||
19 | administrator)? | ||||||
20 | Votes shall be recorded as "Yes" or "No". | ||||||
21 | If a majority of all votes cast on the proposition are in | ||||||
22 | favor of the proposition or the school board adopts a | ||||||
23 | resolution in all affected school districts, the school boards | ||||||
24 | shall enter into a joint agreement. | ||||||
25 | (d) If, within 6 months after passage of a referendum under | ||||||
26 | subsection (c) or adoption of a resolution under subsection |
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1 | (b), the school boards who are parties to the joint agreement | ||||||
2 | are unable to reach an agreement on how they will share the | ||||||
3 | services of a superintendent or other administrator, the | ||||||
4 | regional office of education that has supervision and control | ||||||
5 | of the school districts that are sharing services or, if more | ||||||
6 | than one regional office of education has supervision and | ||||||
7 | control, the regional office of education that has supervision | ||||||
8 | and control of the largest portion of the affected school | ||||||
9 | districts must assist in the development of the joint | ||||||
10 | agreement. | ||||||
11 | (e) A school district wishing to withdraw from a joint | ||||||
12 | agreement under this Section shall obtain from its school board | ||||||
13 | a written resolution approving the withdrawal if the school | ||||||
14 | district entered into the joint agreement by resolution. The | ||||||
15 | withdrawing school district must present a written petition for | ||||||
16 | withdrawal from the joint agreement to the other member school | ||||||
17 | districts within the timelines designated by the joint | ||||||
18 | agreement. Upon approval of the petition by all of the | ||||||
19 | remaining member school districts, the petitioning school | ||||||
20 | district shall be withdrawn from the joint agreement effective | ||||||
21 | the following July 1 and shall provide the State Board of | ||||||
22 | Education written notification of the approved withdrawal. | ||||||
23 | (f) A school district wishing to withdraw from a joint | ||||||
24 | agreement under this Section shall submit to the voters of the | ||||||
25 | district at the next consolidated election the question of | ||||||
26 | whether the school district shall withdraw from the joint |
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1 | agreement if the school district entered into the joint | ||||||
2 | agreement by a referendum vote. In addition, the question shall | ||||||
3 | be submitted to the voters of the district at the next | ||||||
4 | consolidated election upon submission of a petition signed by | ||||||
5 | no less than 5% of registered voters in the district in the | ||||||
6 | last consolidated election. The petition or other school board | ||||||
7 | action shall be filed with the school board's secretary no more | ||||||
8 | than 92 days prior to the election at which the question is to | ||||||
9 | be submitted to the voters. The school board's secretary shall | ||||||
10 | certify the question, and the proper election authority or | ||||||
11 | authorities shall submit the question to the voters. This | ||||||
12 | referendum shall be subject to all other general election law | ||||||
13 | requirements. The proposition shall be in substantially the | ||||||
14 | following form: | ||||||
15 | Shall the (school district) withdraw from the joint | ||||||
16 | agreement with (other school district or districts) and | ||||||
17 | cease sharing the services of a (superintendent or other | ||||||
18 | administrator)? | ||||||
19 | Votes shall be recorded as "Yes" or "No". | ||||||
20 | If a majority of all votes cast on the proposition are in | ||||||
21 | favor of the proposition, the school district shall be | ||||||
22 | withdrawn from the joint agreement effective the following July | ||||||
23 | 1 and shall provide the State Board of Education written | ||||||
24 | notification of the approved withdrawal. | ||||||
25 | (g) In addition to the administrative
duties, the | ||||||
26 | superintendent shall make recommendations to
the board |
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1 | concerning the budget, building plans, the
locations of sites, | ||||||
2 | the selection, retention and dismissal of teachers
and all | ||||||
3 | other employees, the selection of textbooks, instructional | ||||||
4 | material
and courses of study.
However, in districts under a | ||||||
5 | Financial Oversight Panel pursuant to
Section 1A-8 for | ||||||
6 | violating a financial plan, the duties and responsibilities of
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7 | the superintendent in relation to the financial and business | ||||||
8 | operations of the
district shall be approved by the Panel. In | ||||||
9 | the event the Board refuses or
fails to follow a directive or | ||||||
10 | comply with an information request of the Panel,
the | ||||||
11 | performance of those duties shall be subject to the direction | ||||||
12 | of the
Panel.
The superintendent shall also notify the State | ||||||
13 | Board
of Education, the board and the chief administrative | ||||||
14 | official, other than
the alleged perpetrator himself, in the | ||||||
15 | school where the alleged
perpetrator serves, that any person | ||||||
16 | who is employed in a school or
otherwise comes into frequent | ||||||
17 | contact with children
in the school has been named as a | ||||||
18 | perpetrator in an indicated report filed
pursuant to the Abused | ||||||
19 | and Neglected Child Reporting Act, approved June 26,
1975, as | ||||||
20 | amended. The superintendent shall keep or cause to be kept the
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21 | records and accounts as directed and required by the board, aid | ||||||
22 | in making
reports required by the board, and perform such other | ||||||
23 | duties as the board
may delegate to him.
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24 | In addition, each year at a time designated by the State | ||||||
25 | Superintendent of Education,
each
superintendent shall report | ||||||
26 | to the State Board of Education the number of high school |
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1 | students in the
district who are enrolled in accredited courses | ||||||
2 | (for which high school
credit will be awarded upon successful | ||||||
3 | completion of the courses) at any
community college, together | ||||||
4 | with the name and number of the course or
courses which each | ||||||
5 | such student is taking.
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6 | (h) The provisions of this Section shall also apply to
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7 | board of director districts.
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8 | (i) Notice of intent not to renew
a contract must be given | ||||||
9 | in writing stating the
specific reason therefor by April 1 of | ||||||
10 | the contract
year unless the contract specifically provides | ||||||
11 | otherwise.
Failure to do so will automatically extend the | ||||||
12 | contract
for an additional year. Within 10 days after receipt | ||||||
13 | of
notice of intent not to renew a contract, the superintendent
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14 | may request a closed session hearing on the dismissal. At the | ||||||
15 | hearing the
superintendent has the privilege of presenting | ||||||
16 | evidence, witnesses and
defenses on the grounds for dismissal.
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17 | The provisions of this paragraph shall not apply to a district | ||||||
18 | under a
Financial Oversight Panel pursuant to Section 1A-8 for | ||||||
19 | violating a financial
plan.
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20 | (Source: P.A. 99-846, eff. 6-1-17 .)
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