HB1732 102ND GENERAL ASSEMBLY

LRB102 11852 CMG 17188 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1732

Introduced 2/17/2021, by Rep. Jim Durkin

SYNOPSIS AS INTRODUCED:

105 ILCS 5/5-1a

from Ch. 122, par. 5-1a

Amends the Trustees of Schools Article of the School Code. Allows the school board of a high school district located in a Class II county school unit to withdraw from the jurisdiction and authority of the trustees of schools and the township treasurer of a township in which all or any part of the school district is located if the school boards of the underlying elementary school districts whose territory includes all or any part of the territory included within that high school district and whose student population represents at least 50% of the total student population of that high school district consent to the proposed withdrawal. Provides that if consent is received and a resolution is adopted and passed, the school board of the withdrawing school district must elect or appoint its own school treasurer. Thereafter, provides that the trustees of schools shall no longer have or exercise any powers and duties with respect to the school district or the school district's business, operations, or assets; requires the township trustees to transfer and deliver to the school board all books and records relating to the school district's business and affairs; and provides that legal title to school buildings and school sites located within the school district shall be deemed transferred by operation of law to and shall vest in the school board. Effective immediately.

A BILL FOR

AN ACT concerning education.

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

Section 5. The School Code is amended by changing Section 5-1a as follows:

(105 ILCS 5/5-1a) (from Ch. 122, par. 5-1a)

Sec. 5-1a. High school districts.

(a) Notwithstanding any other provision of this Article or the School Code, the school board of any high school district that is located in a Class II county school unit and that on or after the effective date of this amendatory Act of 1991 is subject to the jurisdiction and authority of a township treasurer and trustees of schools of a township in which all or any part of that school district is located may not withdraw from the jurisdiction and authority of that township treasurer and those trustees of schools and transfer or otherwise submit to the jurisdiction and authority of a township treasurer or trustees of school of another township, unless the school boards of the board of each underlying elementary school districts district whose territory includes all or any part of the territory included within that high school district and whose student population represents at least 50% of the total student population of that high school district, by resolution, consent consents to the proposed withdrawal by the school board of that high school district from the jurisdiction and authority of the township treasurer and trustees of schools of the township to which that high school district is subject and the transfer or other submission by the school board of that high school district to the jurisdiction and authority of a township treasurer or trustees of schools of another township.

Upon withdrawal under this Section by proper resolution, the school board of the withdrawing school district shall, upon the adoption and passage of a resolution, elect or appoint its own school treasurer as provided in Section 8-1. Upon the adoption and passage of a resolution and the election or appointment by the school board of its own school treasurer: (1) the trustees of schools shall no longer have or exercise any powers and duties with respect to the school district governed by the school board or with respect to the school business, operations, or assets of the school district; and (2) all books and records of the township trustees relating to the school business and affairs of the school district shall be transferred and delivered to the school board of the school district. Upon withdrawal, the legal title to and all right, title, and interest formerly held by the township trustees in any school buildings and school sites used and occupied by the school board of the withdrawing school district for school purposes, that legal title, right, title, and interest thereafter having been transferred to and vested in the regional board of school trustees under Public Act 87-473 until the abolition of that regional board of school trustees by Public Act 87-969, shall be deemed transferred by operation of law to and shall vest in the school board of that school district.

(b) A high school district that is subject to the jurisdiction and authority of the township treasurer and trustees of schools of a township in which those offices are abolished as provided in subsection (c) of Section 5-1 shall thereupon be required to appoint its own school treasurer as provided in paragraph (4) of subsection (c) of Section 5-1 and subsection (c) of Section 8-1, and shall be subject to and governed by the other changes made to the School Code by this amendatory Act of 1991, insofar as the same are applicable to a high school district.

(Source: P.A. 87-473.)

Section 99. Effective date. This Act takes effect upon becoming law.