105 ILCS 5/10-22.22b — Illinois Code / Chapter 105 / Act 5 / Section 10-22.22b
Section 10-22.22b
Status: in_force

(105 ILCS 5/10-22.22b) (from Ch. 122, par. 10-22.22b) Sec. 10-22.22b. (a) The provisions of this subsection shall not apply to the deactivation of a high school facility under subsection (c). Where in its judgment the interests of the district and of the students therein will be best served, to deactivate any high school facility or elementary school facility in the district and send the students of such high school in grades 9 through 12 or such elementary school in grades kindergarten through 8, as applicable, to schools in other districts. Such action may be taken only with the approval of the voters in the district and the approval, by proper resolution, of the school board of the receiving district. The board of the district contemplating deactivation shall, by proper resolution, cause the proposition to deactivate the school facility to be submitted to the voters of the district at a regularly scheduled election. Notice shall be published at least 10 days prior to the date of the election at least once in one or more newspapers published in the district or, if no newspaper is published in the district, in one or more newspapers with a general circulation within the district. The notice shall be substantially in the following form: NOTICE OF REFERENDUM TO DEACTIVATE THE ... SCHOOL FACILITY IN SCHOOL DISTRICT NO. ........ Notice is hereby given that on (insert date), a referendum will be held in ........ County (Counties) for the purpose of voting for or against the proposition to deactivate the ...... School facility in School District No. ...... and to send pupils in ...... School to School District(s) No. ....... The polls will be open at .... o'clock ... m., and close at .... o'clock ... m. of the same day. ............ Dated (insert date). The proposition shall be in substantially the following form: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shall the Board of Education of School District No. ...., YES ..... County, Illinois, be authorized to deactivate - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - the .... School facility and to send pupils in ....... NO School to School District(s) No. .....? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - If the majority of those voting upon the proposition in the district contemplating deactivation vote in favor of the proposition, the board of that district, upon approval of the board of the receiving district, shall execute a contract with the receiving district providing for the reassignment of students to the receiving district. If the deactivating district seeks to send its students to more than one district, it shall execute a contract with each receiving district. The length of the contract shall be for 2 school years, but the districts may renew the contract for additional one year or 2 year periods. Contract renewals shall be executed by January 1 of the year in which the existing contract expires. If the majority of those voting upon the proposition do not vote in favor of the proposition, the school facility may not be deactivated. The sending district shall pay to the receiving district an amount agreed upon by the 2 districts. When the deactivation of school facilities becomes effective pursuant to this Section, the provisions of subsection (h) of Section 24-11 of this Code relative to the contractual continued service status of teachers having contractual continued service whose positions are transferred from one board to the control of a different board shall apply, and the positions at the school facilities being deactivated held by teachers, as that term is defined in subsection (a) of Section 24-11 of this Code, having contractual continued service with the school district at the time of the deactivation shall be transferred to the control of the board or boards who shall be receiving the district's students on the following basis: (1) positions of such teachers in contractual continued service that were full time