093_HB0757sam001
LRB093 05403 NHT 16399 a
1 AMENDMENT TO HOUSE BILL 757
2 AMENDMENT NO. . Amend House Bill 757 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The School Code is amended by changing
5 Section 7-2a as follows:
6 (105 ILCS 5/7-2a) (from Ch. 122, par. 7-2a)
7 Sec. 7-2a. (a) Except as provided in subsection (b) of
8 this Section, (i) any petition for dissolution filed under
9 this Article must specify the school district or districts to
10 which all of the territory of the district proposed to be
11 dissolved will be annexed and (ii). any petition for
12 dissolution may be made by the board of education of the
13 district or a majority of the registered legal voters
14 residing in the district proposed to be dissolved. No
15 petition from any other district affected by the proposed
16 dissolution shall be required. A petition approved by the
17 regional board of school trustees that was initiated by the
18 registered voters residing in the district proposed to be
19 dissolved is not effective until the question of dissolution
20 and annexation has been submitted to the electors in each
21 affected school district at a regular election and has been
22 approved by a majority of the electors in each affected
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1 school district voting on the question. The regional board of
2 school trustees must certify the question to the proper
3 election authority, which must submit the question at an
4 election in accordance with the Election Code.
5 (b) Any school district with a population of less than
6 5,000 residents shall be dissolved and its territory annexed
7 as provided in Section 7-11 by the regional board of school
8 trustees upon the filing with the regional board of school
9 trustees a request to dissolve of a petition adopted by
10 resolution of the board of education or a petition signed by
11 a majority of the registered voters of the district seeking
12 such dissolution. If a petition is initiated by a majority of
13 the registered voters in a school district with a population
14 of less than 5,000 residents and the petition seeks to annex
15 the district in its entirety to another school district, then
16 the petition, if approved by the regional board of school
17 trustees, is not effective until the question of dissolution
18 and annexation has been submitted to the electors in each
19 affected school district at a regular election and has been
20 approved by a majority of the electors in each affected
21 school district voting on the question. The regional board of
22 school trustees must certify the question to the proper
23 election authority, which must submit the question at an
24 election in accordance with the Election Code. No resolution
25 shall be adopted by the board of education or petition shall
26 be adopted or signed under this subsection (b) until the
27 board of education or the petitioners, as the case may be,
28 shall have given at least 10 days' notice to be published
29 once in a newspaper having general circulation in the
30 district and shall have conducted a public informational
31 meeting to inform the residents of the district of the
32 proposed dissolution and to answer questions concerning the
33 proposed dissolution. The resolution or petition shall be
34 filed with and decided solely by the regional board of school
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1 trustees of the region in which the regional superintendent
2 of schools has supervision of the school district being
3 dissolved. The regional board of school trustees shall not
4 act on a resolution petition filed by a board of education if
5 within 45 days after giving notice of the hearing required
6 under Section 7-11 a petition in opposition to the resolution
7 petition of the board to dissolve, signed by a majority of
8 the registered voters of the district, is filed with the
9 regional board of school trustees. The regional board of
10 school trustees shall have no authority to deny dissolution
11 requested in a proper resolution petition for dissolution
12 filed by a board of education under this subsection (b), but
13 shall exercise its discretion in accordance with Section 7-11
14 on the issue of annexing the territory of a district being
15 dissolved, giving consideration to but not being bound by the
16 wishes expressed by the residents of the various school
17 districts that may be affected by such annexation.
18 When dissolution and annexation become effective for
19 purposes of administration and attendance as determined
20 pursuant to Section 7-11, the positions of teachers in
21 contractual continued service in the district being dissolved
22 are transferred to an annexing district or to annexing
23 districts pursuant to the provisions of Section 24-12
24 relative to teachers having contractual continued service
25 status whose positions are transferred from one board to the
26 control of a different board, and those said provisions of
27 Section 24-12 shall apply to said transferred teachers. In
28 the event that the territory is added to 2 or more districts,
29 the decision on which positions shall be transferred to which
30 annexing districts shall be made giving consideration to the
31 proportionate percent of pupils transferred and the annexing
32 districts' staffing needs, and the transfer of specific
33 individuals into such positions shall be based upon the
34 request of those teachers in order of seniority in the
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1 dissolving district. The contractual continued service
2 status of any teacher thereby transferred to an annexing
3 district is not lost and the different board is subject to
4 this Act with respect to such transferred teacher in the same
5 manner as if such teacher was that district's employee and
6 had been its employee during the time such teacher was
7 actually employed by the board of the dissolving district
8 from which the position was transferred.
9 The changes to this Section made by this amendatory Act
10 of the 93rd General Assembly do not apply to dissolutions or
11 annexations pending before a school board or court on the
12 effective date of this amendatory Act of the 93rd General
13 Assembly.
14 (Source: P.A. 86-13; 87-1215.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.".