093_HB2488

 
                                     LRB093 08014 JAM 08212 b

 1        AN ACT concerning elections.

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

 4        Section 5.  The Election  Code  is  amended  by  changing
 5    Section 2A-1.1 as follows:

 6        (10 ILCS 5/2A-1.1) (from Ch. 46, par. 2A-1.1)
 7        Sec.  2A-1.1.  All Elections - Consolidated Schedule. (a)
 8    In even-numbered years, the general election shall be held on
 9    the first Tuesday after the first Monday of November; and  an
10    election to be known as the general primary election shall be
11    held on the third Tuesday in March;
12        (b)  In  odd-numbered  years,  an election to be known as
13    the consolidated election shall be held on the first  Tuesday
14    in  May  April  except as provided in Section 2A-1.1a of this
15    Act; and an election to be known as the consolidated  primary
16    election  shall  be  held  on the third last Tuesday in March
17    February.
18        (c)  References in this Code  and  other  statutes  to  a
19    consolidated  election  in  April  or  a  regularly scheduled
20    election in April mean the consolidated election on the first
21    Tuesday in May of odd-numbered years. References in this Code
22    and other statutes to  a  consolidated  primary  election  in
23    February  or  a regularly scheduled election in February mean
24    the consolidated primary election on  the  third  Tuesday  in
25    March of odd-numbered years.
26    (Source: P.A. 90-358, eff. 1-1-98.)

27        Section  10.  The  School  Code  is  amended  by changing
28    Sections 7A-2, 11A-3, 11B-3 and 33-1 as follows:

29        (105 ILCS 5/7A-2) (from Ch. 122, par. 7A-2)
 
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 1        Sec. 7A-2.  Petition filing; notice;  hearing;  decision.
 2    Any  petition  to  dissolve a unit school district, create an
 3    elementary school  district  therefrom  and  annex  the  same
 4    territory to a contiguous high school district as provided in
 5    Section  7A-1 shall be filed with the regional superintendent
 6    of schools of the educational service  region  in  which  the
 7    territory described in the petition or the greater portion of
 8    the   equalized  assessed  valuation  of  such  territory  is
 9    situated, signed by at  least  10%  of  the  voters  residing
10    within  each  district  affected  or  by  the  boards of each
11    district affected.  The  petition  shall:   (i)  request  the
12    submission of the proposition at a regular scheduled election
13    for  the  purpose of voting for or against the dissolution of
14    such unit school district, creation of an  elementary  school
15    district therefrom and annexation of the same territory to an
16    existing  contiguous  high  school  district  as  provided in
17    Section 7A-1; (ii) describe the territory of the unit  school
18    district  proposed  to  be dissolved which shall be stated in
19    the petition to be the same as the territory  comprising  the
20    proposed  elementary  school  district  and  the  same as the
21    territory proposed to be annexed to the  existing  contiguous
22    high  school  district;  (iii)  describe the territory of the
23    existing high school district to which the territory proposed
24    to be annexed is contiguous; and (iv) set forth  the  maximum
25    tax  rates  for  educational  and  operations,  building  and
26    maintenance  purposes  and  the  purchase  of school grounds,
27    pupil transportation, and fire prevention and safety purposes
28    which the annexing high school district  and  the  elementary
29    school   district  proposed  to  be  created  each  shall  be
30    authorized to levy.
31        The petition may  request  that  if  the  proposition  to
32    dissolve  a unit school district, create an elementary school
33    district  therefrom,  and  annex  the  same  territory  to  a
34    contiguous high school district is submitted to the voters at
 
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 1    the  consolidated  election  which   occurs   in   April   of
 2    odd-numbered  years,  at  the  general primary election which
 3    occurs in March of even-numbered years,  at  the  nonpartisan
 4    election  which  occurs in November of odd-numbered years, or
 5    at  the  general  election  which  occurs  in   November   of
 6    even-numbered  years,  that  at that same election a board of
 7    education be elected on a separate ballot  to  serve  as  the
 8    board  of  education  of  the  proposed new elementary school
 9    district.  Any election of board members at the same election
10    at which the proposition  to  create  the  elementary  school
11    district  to  be  served  by  that  board is submitted to the
12    voters shall proceed under the supervision  of  the  Regional
13    Superintendent as provided in Section 7A-6.
14        When  the  petition contains more than 10 signatures, the
15    petition shall designate a committee of 10 of the petitioners
16    as attorney in fact for all petitioners, any 7  of  whom  may
17    make  binding stipulations on behalf of all petitioners as to
18    any  question  with  respect  to  the  petition  or  hearing,
19    including the power to stipulate  to  accountings  or  waiver
20    thereof    between    school    districts.     The   regional
21    superintendent of schools required to hold a hearing  on  the
22    petition  as  provided  in  this  Section may accept any such
23    stipulation instead  of  evidence  or  proof  of  the  matter
24    stipulated, or may refuse to accept any such stipulation.
25        Upon  the  filing  of  such  petition  with  the regional
26    superintendent of schools as provided in this  Section,  such
27    regional  superintendent of schools shall cause a copy of the
28    petition to be given to the board of each  district  affected
29    and  to  the  regional superintendent of schools of any other
30    educational service region in which any part of the territory
31    described  in  the  petition  is  situated.    The   regional
32    superintendent  of schools with whom the petition is required
33    to be filed shall cause a notice thereof to be  published  at
34    least  once  each week for 3 successive weeks in at least one
 
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 1    newspaper having general circulation within the area  of  all
 2    territory  described in the petition.  The notice shall state
 3    when and to whom the petition was presented, the  description
 4    of  the  territory of the unit school district proposed to be
 5    dissolved which shall be stated in the notice to be the  same
 6    as  the  territory  comprising the proposed elementary school
 7    district and the same as the territory proposed to be annexed
 8    to  the  existing  contiguous  high  school   district,   the
 9    description of the existing high school district to which the
10    territory  proposed  to be annexed is contiguous, a statement
11    of the maximum tax  rates  for  educational  and  operations,
12    building  and maintenance purposes and the purchase of school
13    grounds, pupil transportation, and fire prevention and safety
14    purposes which the annexing  high  school  district  and  the
15    proposed  elementary school district each shall be authorized
16    to levy or establish, the prayer of the petition, and the day
17    on which the hearing upon the petition shall  be  held.   The
18    petitioners shall pay the expense of publishing the notice.
19        No  more  than  30  days after the last date on which the
20    required notice is published the regional  superintendent  of
21    schools  with whom the petition is required to be filed shall
22    hold a hearing on the petition, provided  that  the  regional
23    superintendent  of  schools may adjourn the hearing from time
24    to time or may continue the matter  for  want  of  sufficient
25    notice  or  other  good  cause.   Prior  to  the  hearing the
26    petitioners shall submit to the  regional  superintendent  of
27    schools maps showing the districts affected, a written report
28    of  financial  and  educational  conditions  of the districts
29    affected and the probable effect of the proposed  dissolution
30    of the unit school district, creation of an elementary school
31    district  therefrom  and  annexation of the same territory to
32    the existing contiguous high school  district.   The  reports
33    and maps submitted by the petitioners shall be made a part of
34    the  record  of proceedings of the regional superintendent of
 
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 1    schools holding  the  hearing,  and  if  the  boards  of  the
 2    districts  affected  are  not  the petitioners, such regional
 3    superintendent of schools shall send copies of  such  reports
 4    and  maps  to  such  boards not less than 5 days prior to the
 5    date on which the hearing is to be held.
 6        Upon the regional superintendent of  schools  determining
 7    that  the petitioners have paid the expense of publishing the
 8    notice of hearing, that the petition as filed is  proper  and
 9    --  if  the  petitioners  be voters residing in each district
10    affected -- that the  petition  is  in  compliance  with  any
11    applicable  petition  requirements  of the Election Code, the
12    regional superintendent of schools shall hear evidence as  to
13    the school needs and conditions in all territory described in
14    the  petition  and  in  the area adjacent thereto, shall hear
15    evidence with respect to the ability of the elementary school
16    district proposed to  be  created  and  the  ability  of  the
17    contiguous  existing high school district, after the proposed
18    annexation, to meet standards of recognition as prescribed by
19    the State Board of Education, shall take  into  consideration
20    any  division of funds or assets if the petition is approved,
21    and shall determine whether it is for the best  interests  of
22    the  schools  of  the area and the educational welfare of the
23    pupils therein that such unit school district  be  dissolved,
24    an  elementary  school  district be created therefrom and the
25    same territory be annexed  to  an  existing  contiguous  high
26    school  district. No petition filed under this Article and no
27    referendum held pursuant to any petition so  filed  shall  be
28    null  and void or invalidated or deemed in noncompliance with
29    the Election Code because of the failure to publish a  notice
30    of  intention  to  file  the  petition  or  to  attach to the
31    petition an affidavit attesting to the  publication  of  that
32    notice  as  required  under subsection (g) of Section 28-2 of
33    the Election Code for petitions  that  are  not  filed  under
34    Article 7A, 11A, 11B, or 11D of the School Code.
 
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 1        At the hearing any resident of any territory described in
 2    the  petition  and  any  regional  superintendent  of schools
 3    entitled under the provisions of this Section to be  given  a
 4    copy  of  the  petition  by  the  regional  superintendent of
 5    schools conducting the hearing may appear in person or by  an
 6    attorney  at  law in support of or in objection to the prayer
 7    of the petition, and may submit evidence in support of either
 8    such position.   A  transcript  of  the  proceedings  in  the
 9    hearing  before  the regional superintendent of schools shall
10    be prepared, and the expense of preparing the same  shall  be
11    paid by the petitioners.
12        Within  14  days after the conclusion of the hearing, the
13    regional superintendent of  schools  shall  make  a  decision
14    either approving or denying the petition, and shall thereupon
15    submit  the petition and all evidence taken at the hearing to
16    the State Superintendent of Education who  shall,  within  30
17    days  thereafter, review the entire record of the proceedings
18    had before the regional superintendent of schools,  including
19    the  transcript  of such proceedings, and approve or deny the
20    petition upon consideration of and  in  accordance  with  the
21    following criteria:
22             (i)  whether the proposed elementary school district
23        and  the  contiguous  existing high school district after
24        the proposed annexation will have sufficient size  (pupil
25        enrollment)  and financial resources (assessed valuation)
26        to provide and maintain a recognized educational  program
27        for their respective districts as proposed;
28             (ii)  whether  the  dissolution  of  the unit school
29        district,  creation  of  an  elementary  school  district
30        therefrom and annexation of the  same  territory  to  the
31        existing  high  school district is for the best interests
32        of the schools of the area and the educational welfare of
33        the pupils therein; and
34             (iii)  whether  the  territory   of   the   proposed
 
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 1        elementary  school  district  and  the  territory  of the
 2        contiguous  existing  high  school  district  after   the
 3        proposed  annexation  are each compact and contiguous for
 4        school purposes.
 5        If the  State  Superintendent  of  Education  denies  the
 6    petition the reasons for such denial shall be communicated to
 7    the  boards  of  each  district  affected,  to  any committee
 8    designated  as  attorney  in  fact  for  the  petitioners  as
 9    provided in this Section, to any regional  superintendent  of
10    schools  entitled  under the provisions of this Section to be
11    given a copy of the petition by the  regional  superintendent
12    of  schools  who conducted the hearing and to any resident of
13    any territory described in the petition who  appears  at  the
14    hearing, or to any attorney at law appearing of record in the
15    hearing  on  behalf  of  any  such board, committee, regional
16    superintendent of schools or resident otherwise  entitled  to
17    receive  communication of the reasons for such denial; and no
18    further proceedings shall be had.
19    (Source: P.A. 86-13; 87-10; 87-185; 87-839; 87-1270.)

20        (105 ILCS 5/11A-3) (from Ch. 122, par. 11A-3)
21        Sec. 11A-3.  Petition filing; notice; hearing;  decision.
22    A petition shall be filed with the Regional Superintendent of
23    the  region  in which the territory described in the petition
24    or that part of the territory with the greater  per  cent  of
25    equalized  assessed valuation is situated, signed by at least
26    200 voters residing in at least 3/4 of the  school  districts
27    or  parts of districts and residing in the territory included
28    in the petition, or the petition may be filed by the board of
29    education of each of the school districts wholly or partially
30    included in  the  territory  described  in  the  petition.  A
31    petition  that is not filed by the board of education of each
32    of the school districts wholly or partially included  in  the
33    territory  described  in the petition must contain signatures
 
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 1    from 50  legal  resident  voters  from  each  of  the  school
 2    districts  wholly  or  partially  included  in  the territory
 3    described in the petition or from 10% of the  legal  resident
 4    voters  from each of the school districts wholly or partially
 5    included  in  the  territory  described  in   the   petition,
 6    whichever  is  lesser.   Provided,  however, that no petition
 7    filed, or election held under this Article shall be  null  or
 8    void  or  invalidated  or  deemed  in  noncompliance with the
 9    Election Code for  the  failure  of  any  person  or  persons
10    seeking  the  creation  of a new school district hereunder to
11    publish a notice of intention to file  such  petition  or  to
12    attach  an  affidavit  attesting  to the publication of  such
13    notice to such petition as required under subsection  (g)  of
14    Section  28-2 of the Election Code for petitions that are not
15    filed under Article 7A, 11A, 11B, or 11D of the School  Code.
16    The   petition  shall  (1)  request  the  submission  of  the
17    proposition at a regular scheduled election for  the  purpose
18    of  voting  for  or  against the establishment of a community
19    unit school district  in  the  territory;  (2)  describe  the
20    territory comprising the proposed district; (3) set forth the
21    maximum tax rates for educational, operations and maintenance
22    and  the  purchase  and improvements of school grounds, pupil
23    transportation, and fire prevention and safety  purposes  the
24    proposed  district  shall  be  authorized  to  levy;  and (4)
25    designate a committee of 10 of the petitioners, any 7 of whom
26    may at any time, prior to the final decision of the  Regional
27    Superintendent,  amend  the  petition in all respects (except
28    that there may not be an increase or decrease  of  more  than
29    25%   of  the  territory  to  be  included  in  the  proposed
30    district), and may make binding stipulations on behalf of all
31    petitioners as to any question with respect to  the  petition
32    or  hearing  and  the Regional Superintendent may accept such
33    stipulation instead  of  evidence  or  proof  of  the  matter
34    stipulated,  which  committee of petitioners may stipulate to
 
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 1    accountings  or  waiver  thereof  between  school  districts;
 2    however, the Regional Superintendent  may  refuse  to  accept
 3    such  stipulation;  those  designated as the Committee of Ten
 4    shall serve in such capacity until such time as the  Regional
 5    Superintendent  should  determine  that,  because  of  death,
 6    resignation,   transfer  of  residency  from  the  territory,
 7    failure to qualify or for any other reason, the office  of  a
 8    particular  member  of the Committee is vacant.  Failure of a
 9    person designated as a member of the Committee of Ten to sign
10    the petition, whether filed prior or subsequent to  September
11    23,  1983  (the  effective  date  of  P.A. 83-686), shall not
12    disqualify such person as a member thereof  and  such  person
13    may  sign the petition at any time prior to final disposition
14    of the petition and the conclusion of the proceedings to form
15    a unit district, including all litigation pertaining  to  the
16    petition  or proceedings.  Upon determination by the Regional
17    Superintendent that such vacancies exist, he shall so declare
18    such vacancies and shall  notify  the  remaining  members  to
19    appoint  a  petitioner or petitioners, as the case may be, to
20    fill the vacancies in the Committee  of  Ten  so  designated.
21    Such  appointment  by  the  Committee  of Ten of any such new
22    membership shall be made by a simple  majority  vote  of  the
23    designated  remaining  members.   The  Committee of Ten shall
24    act, unless otherwise herein specified, by majority  vote  of
25    the membership.  The Committee of Ten may voluntarily dismiss
26    their  petition  at any time before the final decision of the
27    Regional Superintendent.
28        The petition may request that the referendum at which the
29    proposition is submitted for the purpose  of  voting  for  or
30    against the establishment of a community unit school district
31    include  as  part  of  the  proposition the election of board
32    members by school board district rather than  at  large.  Any
33    petition requesting the election of board members by district
34    shall divide the proposed school district into 7 school board
 
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 1    districts,  each  of which must be compact and contiguous and
 2    substantially equal in population to each other school  board
 3    district.  Any  election  of  board  members  by school board
 4    district shall proceed under the supervision of the  Regional
 5    Superintendent as provided in Section 11A-8. The Committee of
 6    Ten   may   amend  any  petition  approved  by  the  Regional
 7    Superintendent and State Superintendent of Education prior to
 8    July 29, 1988 to include  as  part  of  the  proposition  the
 9    election of board members by district as provided above.  The
10    Regional  Superintendent  shall,  following  approval  by the
11    State Superintendent of Education, submit the proposition  as
12    provided  in the amended petition to the appropriate election
13    authorities.
14        The petition may  request  that  if  the  proposition  to
15    create  a  community unit school district is submitted to the
16    voters at the consolidated election which occurs in April  of
17    odd-numbered  years,  at  the  general primary election which
18    occurs in March of even-numbered years,  at  the  nonpartisan
19    election  which  occurs in November of odd-numbered years, or
20    at  the  general  election  which  occurs  in   November   of
21    even-numbered  years,  that  at that same election a board of
22    education be elected on a separate ballot  to  serve  as  the
23    board  of  education  of  the  proposed  new  district.   Any
24    election  of  board members at the same election at which the
25    proposition to create the district to be served by that board
26    is  submitted  to  the  voters  shall   proceed   under   the
27    supervision  of  the  Regional  Superintendent as provided in
28    Section 11A-8.
29        The petition may also  request  that  the  referendum  at
30    which  the  proposition shall be submitted for the purpose of
31    voting for or against the establishment of a  community  unit
32    school  district  in the territory include a proposition on a
33    separate ballot authorizing the  issuance  of  bonds  by  the
34    district  when  organized,  in accordance with this Act.  The
 
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 1    principal amount of the bonds and the  purposes  of  issuance
 2    shall  be  stated  in  such  petition  and in all notices and
 3    propositions submitted thereunder.
 4        A petition to form a new community unit  school  district
 5    from  the  entire territory of 2 or more school districts may
 6    also request that the bonded indebtedness  of  each  existing
 7    school district be assumed by the entire territory of the new
 8    community  unit  school  district  in  the manner provided by
 9    subsection (b) of Section 11A-12.
10        Upon  the  filing  of  a  petition  with   the   Regional
11    Superintendent  of the Region in which the greater portion of
12    the equalized assessed valuation of the  territory  described
13    in the petition lies, the Regional Superintendent shall cause
14    a  copy  of  such  petition  to be given to each board of any
15    district involved  in  the  proposed  formation  of  the  new
16    district  and shall cause a notice thereof to be published at
17    least once each week for 3 successive weeks in at  least  one
18    newspaper  having  general circulation within the area of the
19    territory of the proposed district.  The notice  shall  state
20    when  and to whom the petition was presented, the description
21    of the territory of the proposed district,  if  requested  in
22    the  petition  a  statement of the proposition to issue bonds
23    and indicating the amount and purpose thereof, and the day on
24    which the hearing upon the petition will be held.   Not  more
25    than  30  days  after  the publication of notice the Regional
26    Superintendent shall hold a hearing on the petition.
27        Upon the Regional  Superintendent  determining  that  the
28    petition, as filed or amended, is proper and is in compliance
29    with  any  applicable  petition requirements set forth in the
30    Election Code, he shall hear evidence as to the school  needs
31    and  conditions  of  the territory and in the area within and
32    adjacent thereto and take into  consideration the division of
33    funds and assets which will result from the  organization  of
34    the  district, and shall determine whether it is for the best
 
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 1    interests of the schools of  the  area  and  the  educational
 2    welfare   of   the  pupils  therein  that  such  district  be
 3    organized.
 4        At the hearing, any resident in the proposed district  or
 5    any  district  affected  thereby may appear in support of the
 6    petition or to object thereto.  The  Regional  Superintendent
 7    may  adjourn  the  hearing from time to time.  Within 14 days
 8    after  the   conclusion   of   the   hearing   the   Regional
 9    Superintendent  shall  make  a  decision  either approving or
10    denying  the  petition.  Upon  the  Regional   Superintendent
11    approving  or  denying  the  petition  he  shall  submit  the
12    petition   and   all   evidence   submitted   to   the  State
13    Superintendent of Education who shall, within 30  days  after
14    the  decision of the Regional Superintendent, approve or deny
15    the petition according to the following criteria:
16        He shall review the entire record of the proceedings  had
17    before  the Regional Superintendent, including the transcript
18    of said proceedings, and based upon  a  review  of  the  same
19    shall take into consideration:
20             (1)  whether   the   proposed   district  will  have
21        sufficient  size   (pupil   enrollment)   and   financial
22        resources  (assessed valuation) to provide and maintain a
23        recognized educational program  for  grades  kindergarten
24        through 12;
25             (2)  whether the proposed school district is for the
26        best  interests  of  the  schools  of  the  area  and the
27        educational welfare of the pupils therein; and
28             (3)  whether the territory for the  proposed  school
29        district is compact and contiguous for school purposes.
30        If  the  State  Superintendent  of  Education  denies the
31    petition the reasons for such denial shall be communicated to
32    appropriate    groups,    agencies    or    instrumentalities
33    representing the petitioners.
34        If a majority of the voters in at least 2  community unit
 
                            -13-     LRB093 08014 JAM 08212 b
 1    school districts have voted in  favor  of  a  proposition  to
 2    create   a  new  community  unit  school  district,  but  the
 3    proposition was not approved under the standards set forth in
 4    Section 11A-8 of the School Code, then  the  members  of  the
 5    Committee  of  Ten  shall  submit  an  amended  petition  for
 6    consolidation  to  the boards of education of those districts
 7    as long as the territory involved is compact and  contiguous.
 8    The  petition  submitted  to the boards of education shall be
 9    identical in form and substance to  the  petition  previously
10    approved  by  the Regional Superintendent of Schools with the
11    sole exception that the  territory  comprising  the  proposed
12    district   shall  be  amended  to  include  the  compact  and
13    contiguous territory of those community unit school districts
14    in which a majority of the  voters  voted  in  favor  of  the
15    proposal.
16        Each   board  of  education  to  which  the  petition  is
17    submitted shall meet and vote to approve or not  approve  the
18    amended petition no more than 30 days after it has been filed
19    with  the  board.   The  Regional  Superintendent  shall make
20    available to each board of education with  which  a  petition
21    has  been  filed  all transcripts and records of the previous
22    petition hearing.  The boards  of  education  shall,  by  the
23    appropriate  resolution,  approve  or  disapprove the amended
24    petition.  No board  of  education  may  approve  an  amended
25    petition  unless  it first finds that the territory described
26    in the petition is compact and contiguous.
27        If a majority of the members of each board  of  education
28    to whom a petition is submitted votes in favor of the amended
29    petition,  the  approved petition shall be transmitted by the
30    secretary  of  each  board  of   education   to   the   State
31    Superintendent  of  Education  who  shall,  within 30 days of
32    receipt, approve or deny the amended petition  based  on  the
33    criteria  stated  in  this  Section  which governed the State
34    Superintendent of Education in  his  initial  review  of  the
 
                            -14-     LRB093 08014 JAM 08212 b
 1    petition.    If  approved  by  the  State  Superintendent  of
 2    Education, the petition shall be placed on the ballot at  the
 3    next regularly scheduled election.
 4    (Source: P.A.  87-10;  87-185;  87-839; 87-1270; 88-555, eff.
 5    7-27-94.)

 6        (105 ILCS 5/11B-3) (from Ch. 122, par. 11B-3)
 7        Sec. 11B-3.  Petition filing; notice; hearing;  decision.
 8    A petition shall be filed with the Regional Superintendent of
 9    the  region  in which the territory described in the petition
10    or the greater portion of the equalized assessed valuation of
11    the territory is situated, signed by  at  least  10%  of  the
12    voters   residing   within  each  district  included  in  the
13    territory or filed by the  boards  of  each  school  district
14    affected.  The  petition shall: (1) request the submission of
15    the proposition at  a  regular  scheduled  election  for  the
16    purpose  of  voting  for  or  against  the establishment of a
17    combined school district in the territory; (2)  describe  the
18    territory  comprising the proposed district by districts; (3)
19    set forth the maximum tax rates for  educational,  operations
20    and  maintenance  and the purchase and improvements of school
21    grounds, pupil transportation and fire prevention and  safety
22    purposes  the  proposed district shall be authorized to levy;
23    and (4) designate a committee of 10 of the petitioners, any 7
24    of  whom  may   at   any   time   prior   to   the   regional
25    superintendent's  final  decision  amend  the petition in all
26    respects and make  binding  stipulations  on  behalf  of  all
27    petitioners  as  to any question with respect to the petition
28    or hearing, including stipulations  for  accountings  or  the
29    waiver   thereof  between  school  districts.   The  regional
30    superintendent who is required  to  hold  a  hearing  on  the
31    petition  as  provided  in  this  Section may accept any such
32    stipulation instead  of  evidence  or  proof  of  the  matter
33    stipulated  or  may  refuse to accept the stipulation.  Those
 
                            -15-     LRB093 08014 JAM 08212 b
 1    designated as the  Committee  of  Ten  shall  serve  in  that
 2    capacity  until  such  time  as  the  regional superintendent
 3    determines that because of death,  resignation,  transfer  of
 4    residency from the territory, failure to qualify or any other
 5    reason  the office of a particular member of the Committee is
 6    vacant.  Failure of a person designated as a  member  of  the
 7    Committee  of  Ten  to sign the petition shall not disqualify
 8    that person as a member thereof, and that person may sign the
 9    petition at any  time  prior  to  final  disposition  of  the
10    petition  and  the  conclusion of the proceedings to form the
11    new  combined  school  district,  including  all   litigation
12    pertaining    to   the   petition   or   proceedings.    Upon
13    determination by the regional superintendent  that  vacancies
14    exist,  he  shall  declare the vacancies and shall notify the
15    remaining members to appoint a petitioner or petitioners,  as
16    the  case  may  be, to fill the vacancies in the Committee of
17    Ten so designated.  An appointment by the Committee of Ten to
18    fill any such vacancy shall be made by a simple majority vote
19    of the designated remaining members.  The  Committee  of  Ten
20    shall  act,  unless  otherwise  herein specified, by majority
21    vote of the membership.  The Committee of Ten may voluntarily
22    dismiss their petition at any time before the final  decision
23    of the Regional Superintendent.
24        The  petition  may  request  that  if  the proposition to
25    create a combined school district is submitted to the  voters
26    at  the  consolidated  election  which  occurs  in  April  of
27    odd-numbered  years,  at  the  general primary election which
28    occurs in March of even-numbered years,  at  the  nonpartisan
29    election  which  occurs in November of odd-numbered years, or
30    at  the  general  election  which  occurs  in   November   of
31    even-numbered  years,  that  at that same election a board of
32    education be elected on a separate ballot  to  serve  as  the
33    board  of  education  of  the  proposed  new  district.   Any
34    election  of  board members at the same election at which the
 
                            -16-     LRB093 08014 JAM 08212 b
 1    proposition to create the district to be served by that board
 2    is  submitted  to  the  voters  shall   proceed   under   the
 3    supervision  of  the  Regional  Superintendent as provided in
 4    Section 11B-7.
 5        The petition may also request that the referendum include
 6    a proposition on a separate ballot authorizing  the  issuance
 7    of  bonds  by  the district when organized in accordance with
 8    this Article.  The principal amount  of  the  bonds  and  the
 9    purposes  of the issuance shall be stated in the petition and
10    in all notices and propositions submitted thereunder.
11        Upon  the  filing  of  a  petition  with   the   Regional
12    Superintendent  under the provisions of Section 11B-2 of this
13    Article, the Regional Superintendent shall cause  a  copy  of
14    such  petition  to  be  given  to  each board of any district
15    involved in the proposed formation of the  new  district  and
16    shall  cause  a  notice thereof to be published at least once
17    each week for 3 successive weeks in at  least  one  newspaper
18    having  general  circulation within the area of the territory
19    of the proposed district.  The notice shall state when and to
20    whom the petition  was  presented,  the  description  of  the
21    territory  of the proposed district, and the day on which the
22    hearing upon the petition will be held.   Not  more  than  30
23    days   after   the   publication   of  notice,  the  Regional
24    Superintendent shall hold a hearing on the  petition.   Prior
25    to  the hearing, the petitioners shall submit to the Regional
26    Superintendent maps showing the districts involved,  and  any
27    other  information  pertinent  to the proposed formation of a
28    new district.  The reports and maps submitted shall be made a
29    part of the  records  of  the  proceedings  of  the  Regional
30    Superintendent.   A  copy  of  the reports and maps submitted
31    shall be sent to the board of  each  district  involved,  not
32    less  than 5 days prior to the date upon which the hearing is
33    to be held.  The Regional Superintendent shall hear  evidence
34    as  to the school needs and conditions in the territory which
 
                            -17-     LRB093 08014 JAM 08212 b
 1    will form the proposed new district and as to the ability  of
 2    the   proposed   new   district  to  meet  the  standards  of
 3    recognition as prescribed by the State Board of Education.
 4        At the hearing, any resident in the  territory  described
 5    in  the  petition  may  appear in person or by an attorney in
 6    support of the petition or to object to the granting  of  the
 7    petition and may present evidence in support of his position.
 8    At the conclusion of the hearing, the Regional Superintendent
 9    of  schools  shall  within  14  days  enter  an  order either
10    granting or denying the petition and  shall  deliver  to  any
11    attorney  of  record  and affected school board a copy of his
12    order. Upon the Regional Superintendent approving or  denying
13    the  petition  he  shall submit the petition and all evidence
14    submitted  to  the  State  Superintendent  of  Education  for
15    review.  The Superintendent shall, within 30 days  after  the
16    decision  of the Regional Superintendent, approve or deny the
17    petition according to the following criteria:
18        He shall review the entire record of the proceedings  had
19    before  the Regional Superintendent, including the transcript
20    of said proceedings, and based upon a  review  of   the  same
21    shall take into consideration:
22             (1)  whether   the   proposed   district  will  have
23        sufficient  size   (pupil   enrollment)   and   financial
24        resources  (assessed valuation) to provide and maintain a
25        recognized educational program for  the  proposed  school
26        district;
27             (2)  whether the proposed school district is for the
28        best interests of schools of the area and the educational
29        welfare of the pupils therein; and
30             (3)  whether  the  territory for the proposed school
31        district is compact and contiguous for school purposes.
32        If the  State  Superintendent  of  Education  denies  the
33    petition the reasons for such denial shall be communicated to
34    appropriate    groups,    agencies    or    instrumentalities
 
                            -18-     LRB093 08014 JAM 08212 b
 1    representing the petitioners and no further proceedings shall
 2    be had.
 3    (Source: P.A. 87-10; 87-107; 87-839; 87-1270.)

 4        (105 ILCS 5/33-1) (from Ch. 122, par. 33-1)
 5        Sec.  33-1.   Board of Education - Election - Terms.   In
 6    all school districts,  including  special  charter  districts
 7    having  a  population  of  100,000 and not more than 500,000,
 8    which adopt this  Article,  as  hereinafter  provided,  there
 9    shall  be  maintained a system of free schools in charge of a
10    board of  education,  which  shall  be  a  body  politic  and
11    corporate  by  the  name  of  "Board of Education of the City
12    of....".  The board shall consist of 7 members elected by the
13    voters of the district. Except as provided in  Section  33-1b
14    of  this  Act,  The regular election for members of the board
15    shall be held at the consolidated election and at the general
16    primary election  on  the  first  Tuesday  of  April  in  odd
17    numbered  years  and  on  the  third Tuesday of March in even
18    numbered years. The law governing the registration of  voters
19    for the primary election shall apply to the regular election.
20    At  the  first regular election 7 persons shall be elected as
21    members of the board. The person who  receives  the  greatest
22    number  of votes shall be elected for a term of 5 years.  The
23    2 persons who receive the second and third greatest number of
24    votes shall be elected for a term of 4 years.  The person who
25    receives the fourth greatest number of votes shall be elected
26    for a term of 3 years.  The 2 persons who receive  the  fifth
27    and  sixth  greatest  number  of votes shall be elected for a
28    term of  2  years.   The  person  who  receives  the  seventh
29    greatest  number  of  votes  shall be elected for a term of 1
30    year. Thereafter, at each regular election for members of the
31    board, the successors of the members whose  terms  expire  in
32    the  year of election shall be elected for a term of 5 years.
33    All terms shall  commence  on  July  1  next  succeeding  the
 
                            -19-     LRB093 08014 JAM 08212 b
 1    elections.   Any  vacancy  occurring in the membership of the
 2    board shall be filled by appointment until the  next  regular
 3    election for members of the board.
 4        In  any school district which has adopted this Article, a
 5    proposition for the election of board members by school board
 6    district rather than at large may be submitted to the  voters
 7    of the district at the regular school election of any year in
 8    the  manner  provided in Section 9-22.  If the proposition is
 9    approved by a majority of those voting on  the  propositions,
10    the  board  shall  divide  the  school district into 7 school
11    board districts as provided in Section 9-22.  At the  regular
12    school  election  in  the year following the adoption of such
13    proposition, one member shall be  elected  from  each  school
14    board  district,  and the 7 members so elected shall, by lot,
15    determine one to serve for one year, 2 for 2 years, one for 3
16    years, 2 for 4 years, and one for 5 years.  Thereafter  their
17    respective  successors shall be elected for terms of 5 years.
18    The terms of all incumbent members expire July 1 of the  year
19    following the adoption of such a proposition.
20        Any  school  district which has adopted this Article may,
21    by referendum in accordance with  Section  33-1a,  adopt  the
22    method of electing members of the board of education provided
23    in that Section.
24        Reapportionment  of  the voting districts provided for in
25    this Article or created pursuant to a court order,  shall  be
26    completed pursuant to Section 33-1c.
27    (Source: P.A. 82-1014; 86-1331.)