SCH CD-DEACTIVATE SCH-CONTRACT

Illinois General Assembly - Full Text of HB3860

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of HB3860

Home

Legislation

Full Text

HB3860 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

Engrossed

Enrolled

Printer Friendly Version

Introduced

Engrossed

Enrolled

Open PDF

HB3860 Enrolled
LRB104 12333 LNS 22501 b
1

AN ACT concerning education.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The School Code is amended by changing Section
5
10-22.22b as follows:

6

(105 ILCS 5/10-22.22b)

(from Ch. 122, par. 10-22.22b)
7

Sec. 10-22.22b.
(a) The provisions of this subsection
8
shall not apply to the deactivation of a high school facility
9
under subsection (c). Where in its judgment the interests of
10
the district and of the students therein will be best served,
11
to deactivate any high school facility or elementary school
12
facility in the district and send the students of such high
13
school in grades 9 through 12 or such elementary school in
14
grades kindergarten through 8, as applicable, to schools in
15
other districts. Such action may be taken only with the
16
approval of the voters in the district and the approval, by
17
proper resolution, of the school board of the receiving
18
district. The board of the district contemplating deactivation
19
shall, by proper resolution, cause the proposition to
20
deactivate the school facility to be submitted to the voters
21
of the district at a regularly scheduled election. Notice
22
shall be published at least 10 days prior to the date of the
23
election at least once in one or more newspapers published in

HB3860 Enrolled
- 2 -
LRB104 12333 LNS 22501 b
1
the district or, if no newspaper is published in the district,
2
in one or more newspapers with a general circulation within
3
the district. The notice shall be substantially in the
4
following form:
5
NOTICE OF REFERENDUM TO
6
DEACTIVATE THE ... SCHOOL FACILITY
7
IN SCHOOL DISTRICT NO. ........
8

Notice is hereby given that on (insert date), a referendum
9
will be held in ........ County (Counties) for the purpose of
10
voting for or against the proposition to deactivate the ......
11
School facility in School District No. ...... and to send
12
pupils in ...... School to School District(s) No. .......
13

The polls will be open at .... o'clock ... m., and close at
14
.... o'clock ... m. of the same day.
15

............
16
Dated (insert date).

17
The proposition shall be in substantially the following form:
18
-

19

Shall the Board

20
of Education of School

21
District No. ...., YES

22
..... County, Illinois, be

23
authorized to deactivate
-------------------------

24
the .... School facility

25
and to send pupils in ....... NO

HB3860 Enrolled
- 3 -
LRB104 12333 LNS 22501 b
1
School to School

2
District(s) No. .....?

3
-------------------------------------------------------------
4
If the majority of those voting upon the proposition in the
5
district contemplating deactivation vote in favor of the
6
proposition, the board of that district, upon approval of the
7
board of the receiving district, shall execute a contract with
8
the receiving district providing for the reassignment of
9
students to the receiving district. If the deactivating
10
district seeks to send its students to more than one district,
11
it shall execute a contract with each receiving district. The
12
length of the contract shall be for
4

2
school years, but the
13
districts may renew the contract for
a length of time that is
14
mutually agreed upon by the districts

additional one year or 2
15
year periods
. Contract renewals shall be executed by January 1
16
of the year in which the existing contract expires. If the
17
majority of those voting upon the proposition do not vote in
18
favor of the proposition, the school facility may not be
19
deactivated.
20

The sending district shall pay to the receiving district
21
an amount agreed upon by the 2 districts.
22

When the deactivation of school facilities becomes
23
effective pursuant to this Section, the provisions of
24
subsection (h) of Section 24-11 of this Code relative to the
25
contractual continued service status of teachers having
26
contractual continued service whose positions are transferred

HB3860 Enrolled
- 4 -
LRB104 12333 LNS 22501 b
1
from one board to the control of a different board shall apply,
2
and the positions at the school facilities being deactivated
3
held by teachers, as that term is defined in subsection (a) of
4
Section 24-11 of this Code, having contractual continued
5
service with the school district at the time of the
6
deactivation shall be transferred to the control of the board
7
or boards who shall be receiving the district's students on
8
the following basis:
9

(1) positions of such teachers in contractual
10

continued service that were full time positions shall be
11

transferred to the control of whichever of such boards
12

such teachers shall request with the teachers making such
13

requests proceeding in the order of those with the
14

greatest length of continuing service with the board to
15

those with the shortest length of continuing service with
16

the board, provided that the number selecting one board
17

over another board or other boards shall not exceed that
18

proportion of the school students going to such board or
19

boards; and
20

(2) positions of such teachers in contractual
21

continued service that were full time positions and as to
22

which there is no selection left under subparagraph 1
23

hereof shall be transferred to the appropriate board.
24

The contractual continued service status of any teacher
25
thereby transferred to another district is not lost and the
26
receiving board is subject to the School Code with respect to

HB3860 Enrolled
- 5 -
LRB104 12333 LNS 22501 b
1
such transferred teacher in the same manner as if such teacher
2
was the district's employee during the time such teacher was
3
actually employed by the board of the deactivating district
4
from which the position was transferred.
5

When the deactivation of school facilities becomes
6
effective pursuant to this Section, the provisions of
7
subsection (b) of Section 10-23.5 of this Code relative to the
8
transfer of educational support personnel employees shall
9
apply, and the positions at the school facilities being
10
deactivated that are held by educational support personnel
11
employees at the time of the deactivation shall be transferred
12
to the control of the board or boards that will be receiving
13
the district's students on the following basis:
14

(A) positions of such educational support personnel
15

employees that were full-time positions shall be
16

transferred to the control of whichever of the boards the
17

employees request, with the educational support personnel
18

employees making these requests proceeding in the order of
19

those with the greatest length of continuing service with
20

the board to those with the shortest length of continuing
21

service with the board, provided that the number selecting
22

one board over another board or other boards must not
23

exceed that proportion of students going to such board or
24

boards; and
25

(B) positions of such educational support personnel
26

employees that were full-time positions and as to which

HB3860 Enrolled
- 6 -
LRB104 12333 LNS 22501 b
1

there is no selection left under subdivision (A) shall be
2

transferred to the appropriate board.
3
The length of continuing service of any educational support
4
personnel employee thereby transferred to another district is
5
not lost and the receiving board is subject to this Code with
6
respect to that transferred educational support personnel
7
employee in the same manner as if the educational support
8
personnel employee was the district's employee during the time
9
the educational support personnel employee was actually
10
employed by the board of the deactivating district from which
11
the position was transferred.
12

(b) The provisions of this subsection shall not apply to
13
the reactivation of a high school facility which is
14
deactivated under subsection (c). The sending district may,
15
with the approval of the voters in the district, reactivate
16
the school facility which was deactivated. The board of the
17
district seeking to reactivate the school facility shall, by
18
proper resolution, cause the proposition to reactivate to be
19
submitted to the voters of the district at a regularly
20
scheduled election. Notice shall be published at least 10 days
21
prior to the date of the election at least once in one or more
22
newspapers published in the district or, if no newspaper is
23
published in the district, in one or more newspapers with a
24
general circulation within the district. The notice shall be
25
substantially in the following form:
26
NOTICE OF REFERENDUM TO

HB3860 Enrolled
- 7 -
LRB104 12333 LNS 22501 b
1
REACTIVATE THE ...... SCHOOL FACILITY
2
IN SCHOOL DISTRICT NO. ......
3

Notice is hereby given that on (insert date), a referendum
4
will be held in ...... County (Counties) for the purpose of
5
voting for or against the proposition to reactivate the .....
6
School facility in School District No. ..... and to
7
discontinue sending pupils of School District No. ...... to
8
School District(s) No. .....
9

The polls will be opened at ... o'clock .. m., and closed
10
at ... o'clock .. m. of the same day.
11

............
12
Dated (insert date).

13
The proposition shall be in substantially the following form:
14
-

15

Shall the Board

16
of Education of School YES

17
District No. ......,

18
...... County, Illinois,

19
be authorized to
-------------------

20
reactivate the .... School

21
facility and to discontinue sending

22
pupils of School District No. .... NO

23
to School District(s) No. ......?

24
-------------------------------------------------------------
25

(c) The school board of any unit school district which

HB3860 Enrolled
- 8 -
LRB104 12333 LNS 22501 b
1
experienced a strike by a majority of its certified employees
2
that endured for over 6 months during the regular school term
3
of the 1986-1987 school year, and which during the ensuing
4
1987-1988 school year had an enrollment in grades 9 through 12
5
of less than 125 students may, when in its judgment the
6
interests of the district and of the students therein will be
7
best served thereby, deactivate the high school facilities
8
within the district for the regular term of the 1988-1989
9
school year and, for that school year only, send the students
10
of such high school in grades 9 through 12 to schools in
11
adjoining or adjacent districts. Such action may only be
12
taken: (a) by proper resolution of the school board
13
deactivating its high school facilities and the approval, by
14
proper resolution, of the school board of the receiving
15
district or districts, and (b) pursuant to a contract between
16
the sending and each receiving district, which contract or
17
contracts: (i) shall provide for the reassignment of all
18
students of the deactivated high school in grades 9 through 12
19
to the receiving district or districts; (ii) shall apply only
20
to the regular school term of the 1988-1989 school year; (iii)
21
shall not be subject to renewal or extension; and (iv) shall
22
require the sending district to pay to the receiving district
23
the cost of educating each student who is reassigned to the
24
receiving district, such costs to be an amount agreed upon by
25
the sending and receiving district but not less than the per
26
capita cost of maintaining the high school in the receiving

HB3860 Enrolled
- 9 -
LRB104 12333 LNS 22501 b
1
district during the 1987-1988 school year. Any high school
2
facility deactivated pursuant to this subsection for the
3
regular school term of the 1988-1989 school year shall be
4
reactivated by operation of law as of the end of the regular
5
term of the 1988-1989 school year. The status as a unit school
6
district of a district which deactivates its high school
7
facilities pursuant to this subsection shall not be affected
8
by reason of such deactivation of its high school facilities
9
and such district shall continue to be deemed in law a school
10
district maintaining grades kindergarten through 12 for all
11
purposes relating to the levy, extension, collection and
12
payment of the taxes of the district under Article 17 for the
13
1988-1989 school year.
14

(d) Whenever a school facility is reactivated pursuant to
15
the provisions of this Section, then all teachers in
16
contractual continued service who were honorably dismissed or
17
transferred as part of the deactivation process, in addition
18
to other rights they may have under the School Code, shall be
19
recalled or transferred back to the original district.
20
(Source: P.A. 99-657, eff. 7-28-16.)

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn