Bill Amendment: IL SB3418 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: SCH CD-SUPERINTENDENT AGREEMNT
Status: 2019-01-09 - Session Sine Die [SB3418 Detail]
Download: Illinois-2017-SB3418-Senate_Amendment_001.html
Bill Title: SCH CD-SUPERINTENDENT AGREEMNT
Status: 2019-01-09 - Session Sine Die [SB3418 Detail]
Download: Illinois-2017-SB3418-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 3418
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2 | AMENDMENT NO. ______. Amend Senate Bill 3418 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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. | ||||||
8 | (a) Except in districts
in which there is only one school | ||||||
9 | with fewer than 4
teachers, to employ a superintendent or share | ||||||
10 | the services of a superintendent as otherwise provided in this | ||||||
11 | Section , who shall have charge
of the administration of the | ||||||
12 | schools under the direction of
the board of education. However, | ||||||
13 | in any school district that has boundaries that lie in 3 | ||||||
14 | counties, one county of which has a population exceeding | ||||||
15 | 1,000,000 inhabitants, that has an enrollment of more than | ||||||
16 | 35,000 students, and that has on staff properly licensed |
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1 | assistant superintendents or directors in the areas of | ||||||
2 | instruction, finance, special education, assessments, and | ||||||
3 | career and technology education, the school board may instead, | ||||||
4 | by a vote of a majority of its full membership, appoint a chief | ||||||
5 | executive officer to serve as its superintendent, who shall be | ||||||
6 | a person of recognized administrative ability and management | ||||||
7 | experience, hold a master's degree, have been employed with the | ||||||
8 | school district for a minimum of 5 years in an administrative | ||||||
9 | capacity, be responsible for the management of the district, | ||||||
10 | and have all other powers and duties of a superintendent as set | ||||||
11 | forth in this Code, but who shall be exempt from the provisions | ||||||
12 | and requirements of Section 21B-15 of this Code for a period of | ||||||
13 | 5 years. | ||||||
14 | (b) A school board shall, upon passage of a referendum as | ||||||
15 | provided in subsection (c) of this Section after submission of | ||||||
16 | a petition signed by no less than 8% of the school district's | ||||||
17 | voters in the last consolidated election, or may, by | ||||||
18 | resolution, enter into a joint agreement with other school | ||||||
19 | boards to share the services of a superintendent or other | ||||||
20 | administrator. Each school board involved in the joint | ||||||
21 | agreement must agree to the joint agreement by resolution or by | ||||||
22 | passage of a referendum. The agreement must include the amount | ||||||
23 | that each school board shall contribute to the salary of the | ||||||
24 | superintendent or other administrator. The superintendent or | ||||||
25 | other administrator may be employed by one school board, which | ||||||
26 | shall be reimbursed on a mutually agreed-to basis with other |
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1 | school boards that are parties to the joint agreement. The | ||||||
2 | joint agreement may be amended at any time as provided in the | ||||||
3 | joint agreement or, if the joint agreement does not so provide, | ||||||
4 | the agreement may be amended at any time upon the adoption of a | ||||||
5 | resolution (if the original joint agreement was entered into | ||||||
6 | upon adoption of a resolution) or the passage of a referendum | ||||||
7 | (if the original joint agreement was entered into upon passage | ||||||
8 | of a referendum) in all member school districts. A fully | ||||||
9 | executed copy of the joint agreement shall be filed with the | ||||||
10 | State Board of Education. | ||||||
11 | (c) A petition to enter into a joint agreement under | ||||||
12 | subsection (b) of this Section shall be filed with the | ||||||
13 | applicable election authority, as defined in Section 1-3 of the | ||||||
14 | Election Code, or, in the case of multiple election | ||||||
15 | authorities, with the State Board of Elections no more than 10 | ||||||
16 | months and no less than 6 months prior to the election at which | ||||||
17 | the question is to be submitted to the voters, and its validity | ||||||
18 | shall be determined as provided by Article 28 of the Election | ||||||
19 | Code. The election authority or Board, as applicable, shall | ||||||
20 | certify the question and the proper election authority or | ||||||
21 | authorities shall submit the question to the voters. Except as | ||||||
22 | otherwise provided in this Section, this referendum shall be | ||||||
23 | subject to all other general election law requirements. The | ||||||
24 | proposition shall be in substantially the following form: | ||||||
25 | Shall the (school district) enter into a joint | ||||||
26 | agreement with (other school district or districts) to |
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1 | share the services of a (superintendent or other | ||||||
2 | administrator)? | ||||||
3 | Votes shall be recorded as "Yes" or "No". | ||||||
4 | If a majority of all votes cast on the proposition are in | ||||||
5 | favor of the proposition or the school board adopts a | ||||||
6 | resolution in all affected school districts, the school boards | ||||||
7 | shall enter into a joint agreement. | ||||||
8 | (d) A school district wishing to withdraw from a joint | ||||||
9 | agreement under this Section shall obtain from its school board | ||||||
10 | a written resolution approving the withdrawal if the school | ||||||
11 | district entered into the joint agreement by resolution. The | ||||||
12 | withdrawing school district must present a written petition for | ||||||
13 | withdrawal from the joint agreement to the other member school | ||||||
14 | districts within the timelines designated by the joint | ||||||
15 | agreement. Upon approval of the petition by all of the | ||||||
16 | remaining member school districts, the petitioning school | ||||||
17 | district shall be withdrawn from the joint agreement effective | ||||||
18 | the following July 1 and shall provide the State Board of | ||||||
19 | Education written notification of the approved withdrawal. If | ||||||
20 | the petition for withdrawal is not approved and the petitioning | ||||||
21 | school district is a part of a Class II county school unit | ||||||
22 | outside of a city with 500,000 or more inhabitants, the | ||||||
23 | petitioning school district may appeal the disapproval | ||||||
24 | decision to the regional board of school trustees of the | ||||||
25 | township that has jurisdiction and authority over the | ||||||
26 | withdrawing school district. If a school district is not under |
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1 | the jurisdiction and authority of the regional board of school | ||||||
2 | trustees of a township, a hearing panel shall be established by | ||||||
3 | the chief administrative officer of the intermediate service | ||||||
4 | center having jurisdiction over the withdrawing school | ||||||
5 | district. The hearing panel shall be made up of 3 members who | ||||||
6 | have a demonstrated interest and background in education. A | ||||||
7 | hearing panel member may not reside within the withdrawing | ||||||
8 | school district and may not be a current school board member or | ||||||
9 | employee of the withdrawing school district or hold any county | ||||||
10 | office. None of the hearing panel members may reside within the | ||||||
11 | same school district. The hearing panel shall serve without | ||||||
12 | remuneration; however, the necessary expenses, including | ||||||
13 | travel, attendant upon any meeting or hearing in relation to | ||||||
14 | these proceedings must be paid. If the regional board of school | ||||||
15 | trustees of the township having jurisdiction and authority over | ||||||
16 | the withdrawing school district or the hearing panel | ||||||
17 | established by the chief administrative officer of the | ||||||
18 | intermediate service center having jurisdiction over the | ||||||
19 | withdrawing school district approves the petition for | ||||||
20 | withdrawal, then the petitioning school district shall be | ||||||
21 | withdrawn from the joint agreement effective the following July | ||||||
22 | 1 and shall notify the State Board of Education of the approved | ||||||
23 | withdrawal in writing. | ||||||
24 | (e) A school district wishing to withdraw from a joint | ||||||
25 | agreement under this Section shall submit to the voters of the | ||||||
26 | district at the next consolidated election the question of |
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1 | whether the school district shall withdraw from the joint | ||||||
2 | agreement if the school district entered into the joint | ||||||
3 | agreement by a referendum vote. In addition, the question shall | ||||||
4 | be submitted to the voters of the district at the next | ||||||
5 | consolidated election upon submission of a petition signed by | ||||||
6 | no less than 8% of the district's voters in the last | ||||||
7 | consolidated election. The petition or other school board | ||||||
8 | action shall be filed with the applicable election authority, | ||||||
9 | as defined in Section 1-3 of the Election Code, or, in the case | ||||||
10 | of multiple election authorities, with the State Board of | ||||||
11 | Elections no more than 10 months and no less than 6 months | ||||||
12 | prior to the election at which the question is to be submitted | ||||||
13 | to the voters, and its validity shall be determined as provided | ||||||
14 | by Article 28 of the Election Code. The election authority or | ||||||
15 | Board, as applicable, shall certify the question and the proper | ||||||
16 | election authority or authorities shall submit the question to | ||||||
17 | the voters. Except as otherwise provided in this Section, this | ||||||
18 | referendum shall be subject to all other general election law | ||||||
19 | requirements. The proposition shall be in substantially the | ||||||
20 | following form: | ||||||
21 | Shall the (school district) withdraw from the joint | ||||||
22 | agreement with (other school district or districts) and | ||||||
23 | cease sharing the services of a (superintendent or other | ||||||
24 | administrator)? | ||||||
25 | Votes shall be recorded as "Yes" or "No". | ||||||
26 | If a majority of all votes cast on the proposition are in |
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1 | favor of the proposition, the school district shall be | ||||||
2 | withdrawn from the joint agreement effective the following July | ||||||
3 | 1 and shall provide the State Board of Education written | ||||||
4 | notification of the approved withdrawal. | ||||||
5 | (f) In addition to the administrative
duties, the | ||||||
6 | superintendent shall make recommendations to
the board | ||||||
7 | concerning the budget, building plans, the
locations of sites, | ||||||
8 | the selection, retention and dismissal of teachers
and all | ||||||
9 | other employees, the selection of textbooks, instructional | ||||||
10 | material
and courses of study.
However, in districts under a | ||||||
11 | Financial Oversight Panel pursuant to
Section 1A-8 for | ||||||
12 | violating a financial plan, the duties and responsibilities of
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13 | the superintendent in relation to the financial and business | ||||||
14 | operations of the
district shall be approved by the Panel. In | ||||||
15 | the event the Board refuses or
fails to follow a directive or | ||||||
16 | comply with an information request of the Panel,
the | ||||||
17 | performance of those duties shall be subject to the direction | ||||||
18 | of the
Panel.
The superintendent shall also notify the State | ||||||
19 | Board
of Education, the board and the chief administrative | ||||||
20 | official, other than
the alleged perpetrator himself, in the | ||||||
21 | school where the alleged
perpetrator serves, that any person | ||||||
22 | who is employed in a school or
otherwise comes into frequent | ||||||
23 | contact with children
in the school has been named as a | ||||||
24 | perpetrator in an indicated report filed
pursuant to the Abused | ||||||
25 | and Neglected Child Reporting Act, approved June 26,
1975, as | ||||||
26 | amended. The superintendent shall keep or cause to be kept the
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1 | records and accounts as directed and required by the board, aid | ||||||
2 | in making
reports required by the board, and perform such other | ||||||
3 | duties as the board
may delegate to him.
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4 | In addition, each year at a time designated by the State | ||||||
5 | Superintendent of Education,
each
superintendent shall report | ||||||
6 | to the State Board of Education the number of high school | ||||||
7 | students in the
district who are enrolled in accredited courses | ||||||
8 | (for which high school
credit will be awarded upon successful | ||||||
9 | completion of the courses) at any
community college, together | ||||||
10 | with the name and number of the course or
courses which each | ||||||
11 | such student is taking.
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12 | (g) The provisions of this Section shall also apply to
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13 | board of director districts.
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14 | (h) Notice of intent not to renew
a contract must be given | ||||||
15 | in writing stating the
specific reason therefor by April 1 of | ||||||
16 | the contract
year unless the contract specifically provides | ||||||
17 | otherwise.
Failure to do so will automatically extend the | ||||||
18 | contract
for an additional year. Within 10 days after receipt | ||||||
19 | of
notice of intent not to renew a contract, the superintendent
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20 | may request a closed session hearing on the dismissal. At the | ||||||
21 | hearing the
superintendent has the privilege of presenting | ||||||
22 | evidence, witnesses and
defenses on the grounds for dismissal.
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23 | The provisions of this paragraph shall not apply to a district | ||||||
24 | under a
Financial Oversight Panel pursuant to Section 1A-8 for | ||||||
25 | violating a financial
plan.
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26 | (Source: P.A. 99-846, eff. 6-1-17 .)".
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