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1 | AN ACT concerning schools.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | |||||||||||||||||||
5 | 7-1 as follows:
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6 | (105 ILCS 5/7-1) (from Ch. 122, par. 7-1)
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7 | Sec. 7-1. Districts in one educational service region - | |||||||||||||||||||
8 | changing boundaries.
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9 | (a) School district boundaries lying entirely within any | |||||||||||||||||||
10 | educational
service
region may be changed by detachment, | |||||||||||||||||||
11 | annexation, division or dissolution
or any combination thereof | |||||||||||||||||||
12 | by the regional board of school trustees of that
such
region, | |||||||||||||||||||
13 | or by the State Superintendent of Education as provided in
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14 | subsection (l) of Section 7-6, when petitioned by the boards of | |||||||||||||||||||
15 | each
district affected or by a majority of the registered | |||||||||||||||||||
16 | voters in each
district affected or by two-thirds of the | |||||||||||||||||||
17 | registered voters in any
territory proposed to be detached from | |||||||||||||||||||
18 | one or more districts or in each of
one or more districts | |||||||||||||||||||
19 | proposed to be annexed to another district.
Registered voters | |||||||||||||||||||
20 | shall be determined by the official voter registration
lists as | |||||||||||||||||||
21 | of the date the petition is filed. No signatures shall be added
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22 | after the date the petition is filed. If there are no | |||||||||||||||||||
23 | registered voters
within the territory proposed to be detached | |||||||||||||||||||
24 | from one or more districts,
then the petition may be signed by | |||||||||||||||||||
25 | all of the owners of record of the real
estate of the | |||||||||||||||||||
26 | territory. Notwithstanding any other provisions of this
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27 | Article, if pursuant to a petition filed under this subsection | |||||||||||||||||||
28 | all of the
territory of
a school district is to be annexed to | |||||||||||||||||||
29 | another school district, any
action by the regional board of | |||||||||||||||||||
30 | school trustees or State
Superintendent of Education in | |||||||||||||||||||
31 | granting or approving the petition and any
change in school | |||||||||||||||||||
32 | district boundaries pursuant to that action is subject to and
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1 | the change in school district boundaries shall not be made | ||||||
2 | except upon approval
at a regular scheduled election, in the | ||||||
3 | manner provided by Section 7-7.7, of a
proposition for the | ||||||
4 | annexation of all of the territory of that school district
to | ||||||
5 | the other school district.
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6 | Each page of the circulated petition shall include the full | ||||||
7 | prayer of the
petition, and each signature contained therein | ||||||
8 | shall match the official
signature and address of the | ||||||
9 | registered voters as recorded in the office
of the election | ||||||
10 | authority having jurisdiction over the county. Each petitioner
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11 | shall also record the date of his signing. Each page of the | ||||||
12 | petition shall
be signed by a circulator who has witnessed the | ||||||
13 | signature of each
petitioner on that page. The length of time | ||||||
14 | for signatures to be valid,
before filing of the petition, | ||||||
15 | shall not exceed 6 months.
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16 | Where there is only one school building in an approved | ||||||
17 | operating
district, the building and building site may not be | ||||||
18 | included in any
detachment proceeding unless petitioned by | ||||||
19 | two-thirds of the registered
voters within the entire district | ||||||
20 | wherein the school is located.
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21 | (b) Any elementary or high school district with 100 or more | ||||||
22 | of its
students residing upon territory located entirely within | ||||||
23 | a military base or
installation operated and maintained by the | ||||||
24 | government of the United States, or
any unit school district or | ||||||
25 | any combination of the above mentioned
districts with 300 or | ||||||
26 | more of its students residing upon territory located
entirely | ||||||
27 | within a military base or installation operated and maintained | ||||||
28 | by
the government of the United States, shall, upon the filing | ||||||
29 | with the
regional board of school trustees of a petition | ||||||
30 | adopted by resolution of
the board of education or a petition | ||||||
31 | signed by a majority of the registered
voters residing upon | ||||||
32 | such military base or installation, have all of the
territory | ||||||
33 | lying entirely within such military base or installation | ||||||
34 | detached
from such school district, and a new school district | ||||||
35 | comprised of such
territory shall be created. The petition | ||||||
36 | shall be filed with and decided
solely by the regional board of |
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1 | school trustees of the region in which the
regional | ||||||
2 | superintendent of schools has supervision of the school | ||||||
3 | district
affected. The regional board of school trustees shall | ||||||
4 | have no authority to
deny the detachment and creation of a new | ||||||
5 | school district requested in a
proper petition filed under this | ||||||
6 | subsection. This subsection shall apply
only to those school | ||||||
7 | districts having a population of not fewer than
1,000 and not | ||||||
8 | more than 500,000 residents, as
ascertained by any special or | ||||||
9 | general census.
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10 | The new school district shall tuition its students to the | ||||||
11 | same
districts that its students were previously attending and | ||||||
12 | the districts
from which the new district was detached shall | ||||||
13 | continue to educate the
students from the new district, until | ||||||
14 | the federal government provides other
arrangements. The | ||||||
15 | federal government shall pay for the education of such
children | ||||||
16 | as required by Section 6 of Public Law 81-874.
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17 | If a school district created under this subsection (b) has | ||||||
18 | not elected a
school board
and has not become operational | ||||||
19 | within 2 years after the date of detachment,
then this
district | ||||||
20 | is automatically dissolved and the territory of this district | ||||||
21 | reverts
to the school
district from which the territory was | ||||||
22 | detached or any successor district
thereto. Any school district | ||||||
23 | created
under this
subsection (b) on or before September 1, | ||||||
24 | 1996 that has not elected a school
board and has
not been | ||||||
25 | operational since September 1, 1996 is automatically dissolved | ||||||
26 | on the
effective
date of this amendatory Act of 1999, and on | ||||||
27 | this date the territory of this
district reverts
to the school | ||||||
28 | district from which the territory was detached. For the
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29 | automatic dissolution of a school district created under this | ||||||
30 | subsection (b),
the
regional superintendent of schools
who has
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31 | supervision of the school district from which the territory was | ||||||
32 | detached shall
certify to
the regional board of school trustees | ||||||
33 | that the school district created under
this subsection
(b) has | ||||||
34 | been automatically dissolved.
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35 | (Source: P.A. 90-459, eff. 8-17-97; 91-460, eff. 8-6-99.)
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