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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
55-1, 7-04, 7-1, 7-2a, 7-4, 7-4.1, 7-5, 7-6, 7-7, 7-8, 7-9,
67-10, 7-11, 7-12, 7-14A, 7-29, 12-24, 16-2, and 32-4.6 and by
7adding Sections 7-01a, 7-01b, 7-10.5, 7-31, and 10-22.35B as
8follows:
 
9    (105 ILCS 5/5-1)  (from Ch. 122, par. 5-1)
10    Sec. 5-1. County school units.
11    (a) The territory in each county, exclusive of any school
12district governed by any special act which requires the
13district to appoint its own school treasurer, shall constitute
14a county school unit. County school units of less than
152,000,000 inhabitants shall be known as Class I county school
16units and the office of township trustees, where existing on
17July 1, 1962, in such units shall be abolished on that date and
18all books and records of such former township trustees shall be
19forthwith thereafter transferred to the county board of school
20trustees. County school units of 2,000,000 or more inhabitants
21shall be known as Class II county school units and shall retain
22the office of township trustees unless otherwise provided in
23subsection (b) or (c).

 

 

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1    (b) Notwithstanding subsections (a) and (c), the school
2board of any elementary school district having a fall, 1989
3aggregate enrollment of at least 2,500 but less than 6,500
4pupils and having boundaries that are coterminous with the
5boundaries of a high school district, and the school board of
6any high school district having a fall, 1989 aggregate
7enrollment of at least 2,500 but less than 6,500 pupils and
8having boundaries that are coterminous with the boundaries of
9an elementary school district, may, whenever the territory of
10such school district forms a part of a Class II county school
11unit, by proper resolution withdraw such school district from
12the jurisdiction and authority of the trustees of schools of
13the township in which such school district is located and from
14the jurisdiction and authority of the township treasurer in
15such Class II county school unit; provided that the school
16board of any such school district shall, upon the adoption and
17passage of such resolution, thereupon elect or appoint its own
18school treasurer as provided in Section 8-1. Upon the adoption
19and passage of such resolution and the election or appointment
20by the school board of its own school treasurer: (1) the
21trustees of schools in such township shall no longer have or
22exercise any powers and duties with respect to the school
23district governed by such school board or with respect to the
24school business, operations or assets of such school district;
25and (2) all books and records of the township trustees relating
26to the school business and affairs of such school district

 

 

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1shall be transferred and delivered to the school board of such
2school district. Upon the effective date of this amendatory Act
3of 1993, the legal title to, and all right, title and interest
4formerly held by the township trustees in any school buildings
5and school sites used and occupied by the school board of such
6school district for school purposes, that legal title, right,
7title and interest thereafter having been transferred to and
8vested in the regional board of school trustees under P.A.
987-473 until the abolition of that regional board of school
10trustees by P.A. 87-969, shall be deemed transferred by
11operation of law to and shall vest in the school board of that
12school district.
13    Notwithstanding subsections (a) and (c), the school boards
14of Oak Park & River Forest District 200, Oak Park Elementary
15School District 97, and River Forest School District 90 may, by
16proper resolution, withdraw from the jurisdiction and
17authority of the trustees of schools of Proviso and Cicero
18Townships and the township treasurer, provided that the school
19board shall, upon the adoption and passage of the resolution,
20elect or appoint its own school treasurer as provided in
21Section 8-1 of this Code. Upon the adoption and passage of the
22resolution and the election or appointment by the school board
23of its own school treasurer: (1) the trustees of schools in the
24township or townships shall no longer have or exercise any
25powers or duties with respect to the school district or with
26respect to the school business, operations, or assets of the

 

 

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1school district; (2) all books and records of the trustees of
2schools and all moneys, securities, loanable funds, and other
3assets relating to the school business and affairs of the
4school district shall be transferred and delivered to the
5school board; and (3) all legal title to and all right, title,
6and interest formerly held by the trustees of schools in any
7common school lands, school buildings, or school sites used and
8occupied by the school board and all rights of property and
9causes of action pertaining to or constituting a part of the
10common school lands, buildings, or sites shall be deemed
11transferred by operation of law to and shall vest in the school
12board.
13    Notwithstanding subsections (a) and (c), the respective
14school boards of Berwyn North School District 98, Berwyn South
15School District 100, Cicero School District 99, and J.S. Morton
16High School District 201 may, by proper resolution, withdraw
17from the jurisdiction and authority of the trustees of schools
18of Cicero Township and the township treasurer, provided that
19the school board shall, upon the adoption and passage of the
20resolution, elect or appoint its own school treasurer as
21provided in Section 8-1 of this Code. Upon the adoption and
22passage of the resolution and the election or appointment by
23the school board of its own school treasurer: (1) the trustees
24of schools in the township shall no longer have or exercise any
25powers or duties with respect to the school district or with
26respect to the school business, operations, or assets of the

 

 

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1school district; (2) all books and records of the trustees of
2schools and all moneys, securities, loanable funds, and other
3assets relating to the school business and affairs of the
4school district shall be transferred and delivered to the
5school board; and (3) all legal title to and all right, title,
6and interest formerly held by the trustees of schools in any
7common school lands, school buildings, or school sites used and
8occupied by the school board and all rights of property and
9causes of action pertaining to or constituting a part of the
10common school lands, buildings, or sites shall be deemed
11transferred by operation of law to and shall vest in the school
12board.
13    (c) Notwithstanding the provisions of subsection (a), the
14offices of township treasurer and trustee of schools of any
15township located in a Class II county school unit shall be
16abolished as provided in this subsection if all of the
17following conditions are met:
18        (1) During the same 30 day period, each school board of
19    each elementary and unit school district that is subject to
20    the jurisdiction and authority of the township treasurer
21    and trustees of schools of the township in which those
22    offices are sought to be abolished gives written notice by
23    certified mail, return receipt requested to the township
24    treasurer and trustees of schools of that township of the
25    date of a meeting of the school board, to be held not more
26    than 90 nor less than 60 days after the date when the

 

 

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1    notice is given, at which meeting the school board is to
2    consider and vote upon the question of whether there shall
3    be submitted to the electors of the school district a
4    proposition to abolish the offices of township treasurer
5    and trustee of schools of that township. None of the
6    notices given under this paragraph to the township
7    treasurer and trustees of schools of a township shall be
8    deemed sufficient or in compliance with the requirements of
9    this paragraph unless all of those notices are given within
10    the same 30 day period.
11        (2) Each school board of each elementary and unit
12    school district that is subject to the jurisdiction and
13    authority of the township treasurer and trustees of schools
14    of the township in which those offices are sought to be
15    abolished, by the affirmative vote of at least 5 members of
16    the school board at a school board meeting of which notice
17    is given as required by paragraph (1) of this subsection,
18    adopts a resolution requiring the secretary of the school
19    board to certify to the proper election authorities for
20    submission to the electors of the school district at the
21    next consolidated election in accordance with the general
22    election law a proposition to abolish the offices of
23    township treasurer and trustee of schools of that township.
24    None of the resolutions adopted under this paragraph by any
25    elementary or unit school districts that are subject to the
26    jurisdiction and authority of the township treasurer and

 

 

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1    trustees of schools of the township in which those offices
2    are sought to be abolished shall be deemed in compliance
3    with the requirements of this paragraph or sufficient to
4    authorize submission of the proposition to abolish those
5    offices to a referendum of the electors in any such school
6    district unless all of the school boards of all of the
7    elementary and unit school districts that are subject to
8    the jurisdiction and authority of the township treasurer
9    and trustees of schools of that township adopt such a
10    resolution in accordance with the provisions of this
11    paragraph.
12        (3) The school boards of all of the elementary and unit
13    school districts that are subject to the jurisdiction and
14    authority of the township treasurer and trustees of schools
15    of the township in which those offices are sought to be
16    abolished submit a proposition to abolish the offices of
17    township treasurer and trustee of schools of that township
18    to the electors of their respective school districts at the
19    same consolidated election in accordance with the general
20    election law, the ballot in each such district to be in
21    substantially the following form:
22    -------------------------------------------------------------
23
OFFICIAL BALLOT
24            Shall the offices of township
25            treasurer and                       YES
26            trustee of                      -------------

 

 

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1            schools of Township .....           NO
2            Range ..... be abolished?
3    -------------------------------------------------------------
4        (4) At the consolidated election at which the
5    proposition to abolish the offices of township treasurer
6    and trustee of schools of a township is submitted to the
7    electors of each elementary and unit school district that
8    is subject to the jurisdiction and authority of the
9    township treasurer and trustee of schools of that township,
10    a majority of the electors voting on the proposition in
11    each such elementary and unit school district votes in
12    favor of the proposition as submitted to them.
13    If in each elementary and unit school district that is
14subject to the jurisdiction and authority of the township
15treasurer and trustees of schools of the township in which
16those offices are sought to be abolished a majority of the
17electors in each such district voting at the consolidated
18election on the proposition to abolish the offices of township
19treasurer and trustee of schools of that township votes in
20favor of the proposition as submitted to them, the proposition
21shall be deemed to have passed; but if in any such elementary
22or unit school district a majority of the electors voting on
23that proposition in that district fails to vote in favor of the
24proposition as submitted to them, then notwithstanding the vote
25of the electors in any other such elementary or unit school
26district on that proposition the proposition shall not be

 

 

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1deemed to have passed in any of those elementary or unit school
2districts, and the offices of township treasurer and trustee of
3schools of the township in which those offices were sought to
4be abolished shall not be abolished, unless in each of those
5elementary and unit school districts remaining subject to the
6jurisdiction and authority of the township treasurer and
7trustees of schools of that township proceedings are again
8initiated to abolish those offices and all of the proceedings
9and conditions prescribed in paragraphs (1) through (4) of this
10subsection are repeated and met in each of those elementary and
11unit school districts.
12    Notwithstanding the foregoing provisions of this Section
13or any other provision of the School Code, the offices of
14township treasurer and trustee of schools of a township that
15has a population of less than 200,000 and that contains a unit
16school district and is located in a Class II county school unit
17shall also be abolished as provided in this subsection if all
18of the conditions set forth in paragraphs (1), (2), and (3) of
19this subsection are met and if the following additional
20condition is met:
21        The electors in all of the school districts subject to
22    the jurisdiction and authority of the township treasurer
23    and trustees of schools of the township in which those
24    offices are sought to be abolished shall vote at the
25    consolidated election on the proposition to abolish the
26    offices of township treasurer and trustee of schools of

 

 

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1    that township. If a majority of the electors in all of the
2    school districts combined voting on the proposition vote in
3    favor of the proposition, then the proposition shall be
4    deemed to have passed; but if a majority of the electors
5    voting on the proposition in all of the school district
6    fails to vote in favor of the proposition as submitted to
7    them, then the proposition shall not be deemed to have
8    passed and the offices of township treasurer and trustee of
9    schools of the township in which those offices were sought
10    to be abolished shall not be abolished, unless and until
11    the proceedings detailed in paragraphs (1) through (3) of
12    this subsection and the conditions set forth in this
13    paragraph are met.
14    If the proposition to abolish the offices of township
15treasurer and trustee of schools of a township is deemed to
16have passed at the consolidated election as provided in this
17subsection, those offices shall be deemed abolished by
18operation of law effective on January 1 of the calendar year
19immediately following the calendar year in which that
20consolidated election is held, provided that if after the
21election, the trustees of schools by resolution elect to
22abolish the offices of township treasurer and trustee of
23schools effective on July 1 immediately following the election,
24then the offices shall be abolished on July 1 immediately
25following the election. On the date that the offices of
26township treasurer and trustee of schools of a township are

 

 

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1deemed abolished by operation of law, the school board of each
2elementary and unit school district and the school board of
3each high school district that is subject to the jurisdiction
4and authority of the township treasurer and trustees of schools
5of that township at the time those offices are abolished: (i)
6shall appoint its own school treasurer as provided in Section
78-1; and (ii) unless the term of the contract of a township
8treasurer expires on the date that the office of township
9treasurer is abolished, shall pay to the former township
10treasurer its proportionate share of any aggregate
11compensation that, were the office of township treasurer not
12abolished at that time, would have been payable to the former
13township treasurer after that date over the remainder of the
14term of the contract of the former township treasurer that
15began prior to but ends after that date. In addition, on the
16date that the offices of township treasurer and trustee of
17schools of a township are deemed abolished as provided in this
18subsection, the school board of each elementary school, high
19school and unit school district that until that date is subject
20to the jurisdiction and authority of the township treasurer and
21trustees of schools of that township shall be deemed by
22operation of law to have agreed and assumed to pay and, when
23determined, shall pay to the Illinois Municipal Retirement Fund
24a proportionate share of the unfunded liability existing in
25that Fund at the time these offices are abolished in that
26calendar year for all annuities or other benefits then or

 

 

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1thereafter to become payable from that Fund with respect to all
2periods of service performed prior to that date as a
3participating employee in that Fund by persons serving during
4those periods of service as a trustee of schools, township
5treasurer or regular employee in the office of the township
6treasurer of that township. That unfunded liability shall be
7actuarially determined by the board of trustees of the Illinois
8Municipal Retirement Fund, and the board of trustees shall
9thereupon notify each school board required to pay a
10proportionate share of that unfunded liability of the aggregate
11amount of the unfunded liability so determined. The amount so
12paid to the Illinois Municipal Retirement Fund by each of those
13school districts shall be credited to the account of the
14township in that Fund. For each elementary school, high school
15and unit school district under the jurisdiction and authority
16of a township treasurer and trustees of schools of a township
17in which those offices are abolished as provided in this
18subsection, each such district's proportionate share of the
19aggregate compensation payable to the former township
20treasurer as provided in this paragraph and each such
21district's proportionate share of the aggregate amount of the
22unfunded liability payable to the Illinois Municipal
23Retirement Fund as provided in this paragraph shall be computed
24in accordance with the ratio that the number of pupils in
25average daily attendance in each such district for the school
26year last ending prior to the date on which the offices of

 

 

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1township treasurer and trustee of schools of that township are
2abolished bears to the aggregate number of pupils in average
3daily attendance in all of those districts as so reported for
4that school year.
5    Upon abolition of the offices of township treasurer and
6trustee of schools of a township as provided in this
7subsection: (i) the regional board of school trustees, in its
8corporate capacity, shall be deemed the successor in interest
9to the former trustees of schools of that township with respect
10to the common school lands and township loanable funds of the
11township; (ii) all right, title and interest existing or vested
12in the former trustees of schools of that township in the
13common school lands and township loanable funds of the
14township, and all records, moneys, securities and other assets,
15rights of property and causes of action pertaining to or
16constituting a part of those common school lands or township
17loanable funds, shall be transferred to and deemed vested by
18operation of law in the regional board of school trustees,
19which shall hold legal title to, manage and operate all common
20school lands and township loanable funds of the township,
21receive the rents, issues and profits therefrom, and have and
22exercise with respect thereto the same powers and duties as are
23provided by this Code to be exercised by regional boards of
24school trustees when acting as township land commissioners in
25counties having at least 220,000 but fewer than 2,000,000
26inhabitants; (iii) the regional board of school trustees shall

 

 

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1select to serve as its treasurer with respect to the common
2school lands and township loanable funds of the township a
3person from time to time also serving as the appointed school
4treasurer of any school district that was subject to the
5jurisdiction and authority of the township treasurer and
6trustees of schools of that township at the time those offices
7were abolished, and the person selected to also serve as
8treasurer of the regional board of school trustees shall have
9his compensation for services in that capacity fixed by the
10regional board of school trustees, to be paid from the township
11loanable funds, and shall make to the regional board of school
12trustees the reports required to be made by treasurers of
13township land commissioners, give bond as required by
14treasurers of township land commissioners, and perform the
15duties and exercise the powers of treasurers of township land
16commissioners; (iv) the regional board of school trustees shall
17designate in the manner provided by Section 8-7, insofar as
18applicable, a depositary for its treasurer, and the proceeds of
19all rents, issues and profits from the common school lands and
20township loanable funds of that township shall be deposited and
21held in the account maintained for those purposes with that
22depositary and shall be expended and distributed therefrom as
23provided in Section 15-24 and other applicable provisions of
24this Code; and (v) whenever there is vested in the trustees of
25schools of a township at the time that office is abolished
26under this subsection the legal title to any school buildings

 

 

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1or school sites used or occupied for school purposes by any
2elementary school, high school or unit school district subject
3to the jurisdiction and authority of those trustees of school
4at the time that office is abolished, the legal title to those
5school buildings and school sites shall be deemed transferred
6by operation of law to and invested in the school board of that
7school district, in its corporate capacity under Section
810-22.35B of this Code 7-28, the same to be held, sold,
9exchanged leased or otherwise transferred in accordance with
10applicable provisions of this Code.
11    Notwithstanding Section 2-3.25g of this Code, a waiver of a
12mandate established under this Section may not be requested.
13(Source: P.A. 94-1078, eff. 1-9-07; 94-1105, eff. 6-1-07; 95-4,
14eff. 5-31-07; 95-876, eff. 8-21-08.)
 
15    (105 ILCS 5/7-01a new)
16    Sec. 7-01a. Purpose and applicability. The purpose of this
17Article is to permit greater flexibility and efficiency in the
18detachment and dissolution of school districts for the
19improvement of the administration and quality of educational
20services and for the best interests of pupils. This Article
21applies only to school districts with under 500,000
22inhabitants, but includes special charter districts and
23non-high school districts.
 
24    (105 ILCS 5/7-01b new)

 

 

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1    Sec. 7-01b. Definition. In this Article, "legal resident
2voter" means a person who is registered to vote at the time a
3circulated petition is filed and when the regional board of
4school trustees renders a decision, at the address shown
5opposite his or her signature on the petition, and resides in
6the detaching territory or dissolving school district.
 
7    (105 ILCS 5/7-04)  (from Ch. 122, par. 7-04)
8    Sec. 7-04. Districts in educational service regions of
92,000,000 or more inhabitants.
10    (a) In all proceedings under this Article to change by
11detachment, annexation, division, dissolution, or any
12combination of those methods the boundaries of any school
13district (other than a school district organized under Article
1434) located in an educational service region of 2,000,000 or
15more inhabitants in which the regional board of school trustees
16is abolished as provided in subsection (a) of Section 6-2, the
17trustees of schools of the township that has jurisdiction and
18authority over the detaching or dissolving in which that school
19district is located, as the successor under subsection (b) of
20Section 6-2 to the former regional board of school trustees
21with respect to all territory located in that school township,
22shall have, exercise, and perform all powers, duties, and
23responsibilities required under this Article to be exercised
24and performed in those proceedings by a regional board of
25school trustees; provided that if any detaching or dissolving

 

 

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1school district involved in affected by those proceedings is
2not under the jurisdiction and authority of the trustees of
3schools of a township located in a school township referred to
4in subsection (b) of Section 5-1 and there are no trustees of
5schools acting in that township then the school board of any
6such district, as the successor under subsection (b) of Section
76-2 to the former regional board of school trustees with
8respect to the territory comprising that school district, a
9hearing panel as established in this Section shall have,
10exercise, and perform all powers, duties, and responsibilities
11required under this Article to be exercised and performed in
12those proceedings with respect to the detaching or dissolving
13the territory of that school district by a regional board of
14school trustees. ; and provided further that: (i) when any
15school district affected by those proceedings is located not
16only in an educational service region of 2,000,000 or more
17inhabitants but also in 2 or more school townships in that
18region that each have trustees of schools of the township, then
19the boundaries of that school district may be changed under
20this Article by detachment, annexation, division, dissolution,
21or any combination of those methods only by the concurrent
22action of, taken following a joint hearing before the trustees
23of schools of those townships (in that educational service
24region) in which that school district is located; and (ii) if
25any part of the school district referred to in item (i) of this
26subsection also lies within an educational service region that

 

 

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1has a regional board of school trustees, the boundaries of that
2district may be changed under this Article only by the
3concurrent action of, taken following a joint hearing before
4the trustees of schools of the townships referred to in item
5(i) of this subsection and the regional board of school
6trustees of the educational service region referred to in this
7item (ii) of this subsection. Whenever concurrent action and
8joint hearings are required under this subsection, the original
9petition shall be filed with the trustees of schools of the
10township in which the territory or greatest portion of the
11territory being detached is located, or if the territory is
12being detached from more than one educational service region
13then with the regional board of school trustees of the region
14or the trustees of schools of the township in which the
15territory or greatest portion of the territory being detached
16is located.
17    (a-5) As applicable, the hearing panel shall be made up of
183 persons who have a demonstrated interest and background in
19education. Each hearing panel member must reside within an
20educational service region of 2,000,000 or more inhabitants but
21not within the boundaries of a school district organized under
22Article 34 of this Code and may not be a current school board
23member of the detaching or dissolving or annexing school
24district or a current employee of the detaching or dissolving
25or annexing school district or hold any county office. None of
26the hearing panel members may reside within the same school

 

 

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1district. All 3 persons must be selected by the chief
2administrative officer of the educational service center in
3which the chief administrative officer has supervision and
4control, as defined in Section 3-14.2 of this Code, of the
5detaching or dissolving school district. The members of a
6hearing panel as established in this Section shall serve
7without remuneration; however, the necessary expenses,
8including travel, attendant upon any meeting or hearing in
9relation to a proceeding under this Article must be paid.
10    (a-10) The petition must be filed with the trustees of
11schools of the township with jurisdiction and authority over
12the detaching or dissolving school district or with the chief
13administrative officer of the educational service center in
14which the chief administrative officer has supervision and
15control, as defined in Section 3-14.2 of this Code, of the
16detaching or dissolving school district, as applicable. The
17chief administrative officer of the educational service center
18or a person designated by the trustees of schools of the
19township, as applicable, shall have, exercise, and perform all
20powers, duties, and responsibilities required under this
21Article that are otherwise assigned to regional
22superintendents of schools.
23    (b) Except as otherwise provided in this Section, all other
24provisions of this Article shall apply to any proceedings under
25this Article to change the boundaries of any school district
26located in an educational service region having 2,000,000 or

 

 

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1more inhabitants in the same manner that those provisions apply
2to any proceedings to change the boundaries of any school
3district located in any other educational service region;
4provided, that any reference in those other provisions to the
5regional board of school trustees shall mean, with respect to
6all territory within an educational service region containing
72,000,000 or more inhabitants that formerly was served by a
8regional board of school trustees abolished under subsection
9(a) of Section 6-2, the trustees of schools of the township or
10the school board of the school district that is the successor
11under subsection (b) of Section 6-2 to the former regional
12board of school trustees with respect to the territory included
13within that school township or school district or the hearing
14panel as established by this Section.
15(Source: P.A. 87-969.)
 
16    (105 ILCS 5/7-1)  (from Ch. 122, par. 7-1)
17    Sec. 7-1. Changing Districts in one educational service
18region - changing boundaries by detachment or dissolution.
19    (a) School district boundaries lying entirely within any
20educational service region may be changed by detachment,
21annexation, division or dissolution or any combination thereof
22by the regional board of school trustees of such region, or by
23the State Superintendent of Education as provided in subsection
24(l) of Section 7-6, when petitioned by the boards of each
25district affected or by a majority of the registered voters in

 

 

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1each district affected or by two-thirds of the registered
2voters in any territory proposed to be detached from one or
3more districts or in each of one or more districts proposed to
4be annexed to another district.
5    The petition must be filed with and decided solely by the
6regional board of school trustees of the region in which the
7regional superintendent of schools has supervision and
8control, as defined in Section 3-14.2 of this Code, of the
9detaching or dissolving school district. The petition may be
10filed in any office operated by the regional superintendent
11with supervision and control, as defined in Section 3-14.2 of
12this Code, of the detaching or dissolving school district.
13    A petition for boundary change must be filed by the school
14board of the detaching or dissolving district, by a majority of
15the legal resident voters in the dissolving district, or by
16two-thirds of a combination of the legal resident voters and
17the owners of record of any real estate with no legal resident
18voters in any territory proposed to be detached. If any of the
19territory proposed to be detached contains real estate with no
20legal resident voters, petitioners shall deliver the petition
21by certified mail, return receipt requested, to all owners of
22record of any real estate with no legal resident voters. Proof
23of such delivery must be presented as evidence at the hearing
24required under Section 7-6 of this Code. Any owner of record of
25real estate with no legal resident voters in any territory
26proposed to be detached may either sign the petition in person

 

 

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1and before the circulator as described in this Section or
2return the petition with his or her notarized signature to be
3included as a petitioner. No person may sign a petition in the
4capacity of both a legal resident voter and owner of record. If
5there are no legal resident voters within the territory
6proposed to be detached, then the petition must be signed by
7all of the owners of record of the real estate of the
8territory. Legal resident Registered voters shall be
9determined by the official voter registration lists as of the
10date the petition is filed. No signatures shall be added or
11withdrawn after the date the petition is filed. The length of
12time for signatures to be valid, before filing of the petition,
13shall not exceed 6 months. Notwithstanding any provision to the
14contrary contained in the Election Code, the regional
15superintendent of schools shall make all determinations
16regarding the validity of the petition, including, without
17limitation, signatures on the petition. If the regional
18superintendent determines that the petition is not in proper
19order or not in compliance with any applicable petition
20requirements, the regional superintendent may not accept the
21petition for filing and may return the petition to the
22petitioners. Any party who is dissatisfied with the
23determination of the regional superintendent regarding the
24validity of the petition may appeal the regional
25superintendent's decision to the regional board of school
26trustees by motion, and the motion must be heard by the

 

 

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1regional board of school trustees prior to any hearing on the
2merits of the petition. If there are no registered voters
3within the territory proposed to be detached from one or more
4districts, then the petition may be signed by all of the owners
5of record of the real estate of the territory. Notwithstanding
6any other provisions of this Article, if pursuant to a petition
7filed under this subsection all of the territory of a school
8district is to be annexed to another school district, any
9action by the regional board of school trustees or State
10Superintendent of Education in granting or approving the
11petition and any change in school district boundaries pursuant
12to that action is subject to and the change in school district
13boundaries shall not be made except upon approval at a regular
14scheduled election, in the manner provided by Section 7-7.7, of
15a proposition for the annexation of all of the territory of
16that school district to the other school district.
17    Petitions for detachment and dissolution Each page of the
18circulated petition shall include the full prayer of the
19petition with a general description of the territory at the top
20of each page. Each , and each signature contained therein shall
21match the official signature and address of the legal resident
22registered voters as recorded in the office of the county clerk
23or board of election commissioners, and each election authority
24having jurisdiction over the county. Each petitioner shall also
25record the date of his or her signing. Except in instances of a
26notarized signature of an owner of record of real estate with

 

 

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1no legal resident voters in any territory proposed to be
2detached, each Each page of the circulated petition shall be
3signed by a circulator stating that he or she has who has
4witnessed the signature of each petitioner on that page.
5Detachment petitions containing 10 or fewer signatures may be
6notarized in lieu of a circulator statement. Each petition
7shall include an accurate legal description and map of the
8territory proposed to be detached. If a petition proposes to
9dissolve an entire district, then the full name and number of
10the district and a map are sufficient. Each petition shall
11include the names of petitioners; the district to be dissolved
12or the district from which the territory is proposed to be
13detached; the district or districts to which the territory is
14proposed to be annexed; evidence that the detaching or
15dissolving territory is compact and contiguous with the
16annexing district or districts or otherwise meets the
17requirements set forth in Section 7-4 of this Code; the
18referendum date, if applicable; and facts that support
19favorable findings for the factors to be considered by the
20regional board of school trustees pursuant to Section 7-6 of
21this Code. The length of time for signatures to be valid,
22before filing of the petition, shall not exceed 6 months.
23    Where there is only one school building in an approved
24operating district, the building and building site may not be
25included in any detachment proceeding unless petitioned by
26two-thirds of the registered voters within the entire district

 

 

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1wherein the school is located.
2    Notwithstanding any other provisions of this Code, if,
3pursuant to a petition filed under this subsection (a), all of
4the territory of a school district is to be annexed to another
5school district, then any action by the regional board of
6school trustees in granting or approving the petition and any
7change in school district boundaries pursuant to that action is
8subject to and the change in school district boundaries may not
9be made except upon approval, at a regular scheduled election,
10in the manner provided by Section 7-7.7 of this Code, of a
11proposition for the annexation of all of the territory of that
12school district to the other school district.
13    No petition may be filed under this Section to form a new
14school district under this Article; however, such a petition
15may be filed under this Section to form a new school district
16if the boundaries of such new school district lie entirely
17within the boundaries of a military base or installation
18operated and maintained by the government of the United States.
19    (b) Any elementary or high school district with 100 or more
20of its students residing upon territory located entirely within
21a military base or installation operated and maintained by the
22government of the United States, or any unit school district or
23any combination of the above mentioned districts with 300 or
24more of its students residing upon territory located entirely
25within a military base or installation operated and maintained
26by the government of the United States, shall, upon the filing

 

 

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1with the regional board of school trustees of a petition
2adopted by resolution of the board of education or a petition
3signed by a majority of the registered voters residing upon
4such military base or installation, have all of the territory
5lying entirely within such military base or installation
6detached from such school district, and a new school district
7comprised of such territory shall be created. The petition
8shall be filed with and decided solely by the regional board of
9school trustees of the region in which the regional
10superintendent of schools has supervision and control, as
11defined by Section 3-14.2 of this Code, of the school district
12affected. The regional board of school trustees shall have no
13authority to deny the detachment and creation of a new school
14district requested in a proper petition filed under this
15subsection. This subsection shall apply only to those school
16districts having a population of not fewer than 1,000 and not
17more than 500,000 residents, as ascertained by any special or
18general census.
19    The new school district shall tuition its students to the
20same districts that its students were previously attending and
21the districts from which the new district was detached shall
22continue to educate the students from the new district, until
23the federal government provides other arrangements. The
24federal government shall pay for the education of such children
25as required by Section 6 of Public Law 81-874.
26    If a school district created under this subsection (b) has

 

 

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1not elected a school board and has not become operational
2within 2 years after the date of detachment, then this district
3is automatically dissolved and the territory of this district
4reverts to the school district from which the territory was
5detached or any successor district thereto. Any school district
6created under this subsection (b) on or before September 1,
71996 that has not elected a school board and has not been
8operational since September 1, 1996 is automatically dissolved
9on the effective date of this amendatory Act of 1999, and on
10this date the territory of this district reverts to the school
11district from which the territory was detached. For the
12automatic dissolution of a school district created under this
13subsection (b), the regional superintendent of schools who has
14supervision and control, as defined by Section 3-14.2 of this
15Code, of the school district from which the territory was
16detached shall certify to the regional board of school trustees
17that the school district created under this subsection (b) has
18been automatically dissolved.
19(Source: P.A. 90-459, eff. 8-17-97; 91-460, eff. 8-6-99.)
 
20    (105 ILCS 5/7-2a)  (from Ch. 122, par. 7-2a)
21    Sec. 7-2a. (a) (Blank). Except as provided in subsection
22(b) of this Section, any petition for dissolution filed under
23this Article must specify the school district or districts to
24which all of the territory of the district proposed to be
25dissolved will be annexed. Any petition for dissolution may be

 

 

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1made by the board of education of the district or a majority of
2the legal voters residing in the district proposed to be
3dissolved. No petition from any other district affected by the
4proposed dissolution shall be required.
5    (b) Any school district with a population of less than
65,000 residents or an enrollment of less than 750 students, as
7determined by the district's current fall housing report filed
8with the State Board of Education, shall be dissolved and its
9territory annexed as provided in Section 7-11 by the regional
10board of school trustees upon the filing with the regional
11board of school trustees of a petition adopted by resolution of
12the board of education or a petition signed by a majority of
13the legal resident registered voters of the district seeking
14such dissolution. No petition shall be adopted or signed under
15this subsection until the board of education or the
16petitioners, as the case may be, shall have given at least 10
17days' notice to be published once in a newspaper having general
18circulation in the district and shall have conducted a public
19informational meeting to inform the residents of the district
20of the proposed dissolution and to answer questions concerning
21the proposed dissolution. The petition shall be filed with and
22decided solely by the regional board of school trustees of the
23region in which the regional superintendent of schools has
24supervision and control, as defined by Section 3-14.2 of this
25Code, of the school district being dissolved.
26    The regional board of school trustees shall not act on a

 

 

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1petition filed by a board of education if within 45 days after
2giving the first notice of the hearing required under Section
37-11 a petition in opposition to the petition of the board to
4dissolve, signed by a majority of the legal resident registered
5voters of the district, is filed with the regional board of
6school trustees. In such an event, the dissolution petition is
7dismissed on procedural grounds by operation of law and the
8regional board of school trustees shall have no further
9authority to consider the petition. A dissolution petition
10dismissed as the result of a valid opposition petition is not
11subject to the limitation on successive petitions as provided
12in Section 7-8 of this Code, and a new petition may be filed
13upon receipt of the regional board of school trustees' notice
14stating that the original petition was dismissed by operation
15of law.
16    For all petitions under this Section, the legal resident
17voters must be determined by the official voter registration
18lists as of the date the petition is filed. No signatures may
19be added or withdrawn after the date the petition is filed. The
20length of time for signatures to be valid, before filing of the
21petition, may not exceed 6 months. Notwithstanding any
22provision to the contrary contained in the Election Code, the
23regional superintendent of schools shall make all
24determinations regarding the validity of the petition,
25including, without limitation, signatures on the petition. Any
26party who is dissatisfied with the determination of the

 

 

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1regional superintendent regarding the validity of the petition
2may appeal the regional superintendent's decision to the
3regional board of school trustees by motion, and the motion
4must be heard by the regional board of school trustees prior to
5any hearing on annexing the territory of a district being
6dissolved. If no opposition petition is timely filed, the The
7regional board of school trustees shall have no authority to
8deny dissolution requested in a proper petition for dissolution
9filed under this Section subsection (b), but shall exercise its
10discretion in accordance with Section 7-11 on the issue of
11annexing the territory of a district being dissolved, giving
12consideration to but not being bound by the wishes expressed by
13the residents of the various school districts that may be
14affected by such annexation.
15    When dissolution and annexation become effective for
16purposes of administration and attendance as determined
17pursuant to Section 7-11, the positions of teachers in
18contractual continued service in the district being dissolved
19are transferred to an annexing district or to annexing
20districts pursuant to the provisions of Section 24-12 relative
21to teachers having contractual continued service status whose
22positions are transferred from one board to the control of a
23different board, and those said provisions of Section 24-12
24shall apply to said transferred teachers. In the event that the
25territory is added to 2 or more districts, the decision on
26which positions shall be transferred to which annexing

 

 

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1districts shall be made giving consideration to the
2proportionate percent of pupils transferred and the annexing
3districts' staffing needs, and the transfer of specific
4individuals into such positions shall be based upon the request
5of those teachers in order of seniority in the dissolving
6district. The contractual continued service status of any
7teacher thereby transferred to an annexing district is not lost
8and the different board is subject to this Act with respect to
9such transferred teacher in the same manner as if such teacher
10was that district's employee and had been its employee during
11the time such teacher was actually employed by the board of the
12dissolving district from which the position was transferred.
13(Source: P.A. 98-125, eff. 8-2-13.)
 
14    (105 ILCS 5/7-4)  (from Ch. 122, par. 7-4)
15    Sec. 7-4. Requirements for granting petitions. No petition
16shall be granted under Section 7-1 or 7-2 of this Code:
17    (a) If there will be any non-high school territory
18resulting from the granting of the petition.
19    (b) (Blank). Unless after granting the petition any
20community unit district, community consolidated district,
21elementary district or high school district created shall have
22a population of at least 2,000 and an equalized assessed
23valuation of at least $6,000,000 based upon the last value as
24equalized by the Department of Revenue as of the date of filing
25of the petition.

 

 

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1    (c) Unless the territory within any district so created or
2any district whose boundaries are affected by the granting of a
3petition shall after the granting thereof be compact and
4contiguous, except as provided in Section 7-6 of this Code or
5as otherwise provided in this subdivision (c). The fact that a
6district is divided by territory lying within the corporate
7limits of the city of Chicago shall not render it non-compact
8or non-contiguous. If, pursuant to a petition filed under
9Section 7-1 or 7-2 of this Code, all of the territory of a
10district is to be annexed to another district, then the
11annexing district and the annexed district need not be
12contiguous if the following requirements are met and documented
13within 2 calendar years prior to the petition filing date:
14        (1) the distance between each district administrative
15    office is documented as no more than 30 miles;
16        (2) every district contiguous to the district wishing
17    to be annexed determines that it is not interested in
18    participating in a petition filed under Section 7-1 or 7-2
19    of this Code, through a vote of its school board, and
20    documents that non-interest in a letter to the regional
21    board of school trustees containing approved minutes that
22    record the school board vote; and
23        (3) documentation of meeting these requirements are
24    presented as evidence at the hearing required under Section
25    7-6 of this Code.
26    (d) (Blank). To create any school district with a

 

 

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1population of less than 2,000 unless the State Board of
2Education and the regional superintendent of schools for the
3region in which the proposed district will lie shall certify to
4the regional board or boards of school trustees that the
5creation of such new district will not interfere with the
6ultimate reorganization of the territory of such proposed
7district as a part of a district having a population of 2,000
8or more. Notwithstanding any other provisions of this Article,
9the granting or approval by a regional board or regional boards
10of school trustees or by the State Superintendent of Education
11of a petition that under subsection (b-5) of Section 7-6 is
12required to request the submission of a proposition at a
13regular scheduled election for the purpose of voting for or
14against the annexation of the territory described in the
15petition to the school district proposing to annex that
16territory is subject to, and any change in school district
17boundaries pursuant to the granting of the petition shall not
18be made except upon, approval of the proposition at the
19election in the manner provided by Section 7-7.7.
20(Source: P.A. 98-125, eff. 8-2-13.)
 
21    (105 ILCS 5/7-4.1)  (from Ch. 122, par. 7-4.1)
22    Sec. 7-4.1. Copies of petition. Each petition submitted
23under the provisions of Section 7-1 or 7-2 shall include proof
24of notice to owners of record of real estate with no legal
25resident voters in any territory proposed to be detached, if

 

 

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1applicable, and be accompanied by sufficient copies thereof for
2distribution to the president of the school board of each
3detaching or dissolving and annexing school district involved.
4The copies need not contain original signatures be signed by
5the petitioners as is required of the original petition.
6(Source: Laws 1963, p. 3037.)
 
7    (105 ILCS 5/7-5)  (from Ch. 122, par. 7-5)
8    Sec. 7-5. Detachment set aside upon petition. If there is a
9recognized school district which as a result of detachment is
10without a school building, the detachment may be set aside by
11the regional county board of school trustees of the region in
12county over which the regional county superintendent of schools
13had supervision and control, as defined in Section 3-14.2 of
14this Code, prior to the detachment upon petition by two-thirds
15of the eligible voters in the school district after such
16detachment and the detached area. The regional county board of
17school trustees shall conduct a hearing upon the petition as
18prescribed and in the manner provided in Section 7-6.
19(Source: Laws 1961, p. 31.)
 
20    (105 ILCS 5/7-6)  (from Ch. 122, par. 7-6)
21    Sec. 7-6. Petition filing; notice; hearing; decision.
22    (a) The secretary of the regional board of school trustees
23or his or her designee, the chief administrative officer of an
24educational service center under Section 7-04 of this Code or

 

 

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1his or her designee, or the person designated by the trustees
2of schools of the township in accordance with subsection (a-10)
3of Section 7-04 of this Code, as appropriate, shall receive the
4filing of the petition, make the determination of validity in
5accordance with subsection (a) of Section 7-1 of this Section,
6publish the notice, conduct the hearing, and issue the final
7order. Upon the filing of a petition with the secretary of the
8regional board of school trustees under the provisions of
9Section 7-1 or 7-2 of this Code, Act the secretary shall cause
10a copy of such petition to be given to the president of the
11school each board of each detaching or dissolving and annexing
12school any district involved in the proposed boundary change
13and shall cause a notice thereof to be published once in a
14newspaper having general circulation within the area of the
15detaching or dissolving and annexing territory described in the
16petition for the proposed change of boundaries.
17    (b) (Blank). When a joint hearing is required under the
18provisions of Section 7-2, the secretary also shall cause a
19copy of the notice to be sent to the regional board of school
20trustees of each region affected. Notwithstanding the
21foregoing provisions of this Section, if the secretary of the
22regional board of school trustees with whom a petition is filed
23under Section 7-2 fails, within 30 days after the filing of
24such petition, to cause notice thereof to be published and sent
25as required by this Section, then the secretary of the regional
26board of school trustees of any other region affected may cause

 

 

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1the required notice to be published and sent, and the joint
2hearing may be held in any region affected as provided in the
3notice so published.
4    (b-5) If a petition filed under subsection (a) of Section
57-1 or under Section 7-2 proposes to annex all the territory of
6a school district to another school district, the petition
7shall request the submission of a proposition at a regular
8scheduled election for the purpose of voting for or against the
9annexation of the territory described in the petition to the
10school district proposing to annex that territory. No petition
11filed or election held under this Article shall be null and
12void, invalidated, or deemed in noncompliance with the Election
13Code because of a failure to publish a notice with respect to
14the petition or referendum as required under subsection (g) of
15Section 28-2 of that Code for petitions that are not filed
16under this Article or Article 11E of this Code.
17    (c) When a petition contains more than 10 signatures the
18petition shall designate a committee of 10 of the petitioners
19as attorney in fact for all petitioners, any 7 of whom may make
20binding stipulations on behalf of all petitioners as to any
21question with respect to the petition or hearing or joint
22hearing, and the regional board of school trustees, or regional
23boards of school trustees in cases of a joint hearing may
24accept such stipulation in lieu of evidence or proof of the
25matter stipulated. The committee of petitioners shall have the
26same power to stipulate to accountings or waiver thereof

 

 

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1between school districts; however, the regional board of school
2trustees, or regional boards of school trustees in cases of a
3joint hearing may refuse to accept such stipulation. Those
4designated as the committee of 10 shall serve in that capacity
5until such time as the regional superintendent of schools or
6the committee of 10 determines that, because of death,
7resignation, transfer of residency from the territory, or
8failure to qualify, the office of a particular member of the
9committee of 10 is vacant. Upon determination that a vacancy
10exists, the remaining members shall appoint a petitioner to
11fill the designated vacancy on the committee of 10. The
12appointment of any new members by the committee of 10 shall be
13made by a simple majority vote of the remaining designated
14members.
15    (d) The petition may be amended to withdraw not to exceed a
16total of 10% of the territory in the petition at any time prior
17to the hearing or joint hearing; provided that the petition
18shall after amendment comply with the requirements as to the
19number of signatures required on an original petition.
20    (e) The petitioners shall pay the expenses of publishing
21the notice and of any transcript taken at the hearing and
22mailing the final order or joint hearing; and, in case of an
23appeal from the decision of the regional board of school
24trustees, or regional boards of school trustees in cases of a
25joint hearing, or State Superintendent of Education in cases
26determined under subsection (l) of this Section, the appellants

 

 

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1shall pay the cost of preparing the record for appeal. The
2regional superintendent of schools with whom the petition is
3filed may request a deposit at the time of filing to cover
4expenses as provided in this subsection (e).
5    (f) The notice shall state when the petition was filed, the
6description of the detaching territory or name of the
7dissolving district, the name of the annexing district, the
8prayer of the petition, and the return day and time on and
9location in which the hearing or joint hearing upon the
10petition will be held, which shall not be more than 30 15 nor
11less than 15 calendar 10 days after the publication of notice.
12    (g) Prior to the hearing, the secretary of the regional
13board of school trustees shall submit to the regional board of
14school trustees maps showing the districts involved and a
15written report of the financial and educational conditions of
16the districts involved and the probable effect of the proposed
17changes. The reports and maps submitted must be made a part of
18the record of the proceedings of the regional board of school
19trustees. A copy of the report and maps submitted must be sent
20by the secretary of the regional board of school trustees to
21the school board of each detaching or dissolving and annexing
22school district not less than 5 days prior to the day upon
23which the hearing is to be held. On such return day or on a day
24to which the regional board of school trustees, or regional
25boards of school trustees in cases of a joint hearing shall
26continue the hearing or joint hearing the regional board of

 

 

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1school trustees, or regional boards of school trustees in cases
2of a joint hearing shall hear the petition but may adjourn the
3hearing or joint hearing from time to time or may continue the
4matter for want of sufficient notice or other good cause.
5    (h) On the hearing day or on a day to which the regional
6board of school trustees shall continue the hearing, the
7regional board of school trustees shall hear the petition but
8may adjourn the hearing from time to time or may continue the
9matter for want of sufficient notice or other good cause. Prior
10to the hearing or joint hearing the secretary of the regional
11board of school trustees shall submit to the regional board of
12school trustees, or regional boards of school trustees in cases
13of a joint hearing maps showing the districts involved, a
14written report of financial and educational conditions of
15districts involved and the probable effect of the proposed
16changes. The reports and maps submitted shall be made a part of
17the record of the proceedings of the regional board of school
18trustees, or regional boards of school trustees in cases of a
19joint hearing. A copy of the report and maps submitted shall be
20sent by the secretary of the regional board of school trustees
21to each board of the districts involved, not less than 5 days
22prior to the day upon which the hearing or joint hearing is to
23be held.
24    (h-5) Except for motions and briefs challenging the
25validity of a petition or otherwise challenging the
26jurisdiction of the regional board of school trustees to

 

 

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1conduct a hearing on a petition and except for motions and
2briefs related to the type of evidence the regional board of
3school trustees may consider under subsection (i) of this
4Section, no other motions, pleadings, briefs, discovery
5requests, or other like documents may be filed with the
6regional board of school trustees or served on other parties,
7and the regional board of school trustees shall have no
8authority to consider such documents, except that if a legal
9issue arises during a hearing, then the regional board of
10school trustees may, at its discretion, request briefs to be
11submitted to it on that issue.
12    (i) The regional board of school trustees shall hear
13evidence as to the school needs and conditions of the territory
14in the area within and adjacent thereto and the effect
15detachment will have on those needs and conditions and as to
16the ability of the districts affected to meet the standards of
17recognition as prescribed by the State Board of Education,
18shall take into consideration the division of funds and assets
19that will result from the change of boundaries, and shall
20determine whether it is in the best interests of the schools of
21the area and the direct educational welfare of the pupils that
22such change in boundaries be granted. If non-high school
23territory is contained in the petition, the normal high school
24attendance pattern of the pupils must be taken into
25consideration. If the non-high school territory overlies an
26elementary district, a part of which is in a high school

 

 

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1district, such territory may be annexed to the high school
2district even though the territory is not contiguous to the
3high school district. However, upon resolution by the regional
4board of school trustees, the secretary thereof shall conduct
5the hearing upon any boundary petition and present a transcript
6of such hearing to the trustees, who shall base their decision
7upon the transcript, maps, and information and any presentation
8of counsel. The regional board of school trustees or regional
9boards of school trustees in cases of a joint hearing shall
10hear evidence as to the school needs and conditions of the
11territory in the area within and adjacent thereto and the
12effect detachment will have on those needs and conditions and
13as to the ability of the districts affected to meet the
14standards of recognition as prescribed by the State Board of
15Education, and shall take into consideration the division of
16funds and assets which will result from the change of
17boundaries and shall determine whether it is to the best
18interests of the schools of the area and the direct educational
19welfare of the pupils that such change in boundaries be
20granted, and in case non-high school territory is contained in
21the petition the normal high school attendance pattern of the
22children shall be taken into consideration. If the non-high
23school territory overlies an elementary district, a part of
24which is in a high school district, such territory may be
25annexed to such high school district even though not contiguous
26to the high school district. However, upon resolution by the

 

 

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1regional board of school trustees, or regional boards of school
2trustees in cases of a joint hearing the secretary or
3secretaries thereof shall conduct the hearing or joint hearing
4upon any boundary petition and present a transcript of such
5hearing to the trustees who shall base their decision upon the
6transcript, maps and information and any presentation of
7counsel. In the instance of a change of boundaries through
8detachment:
9        (1) When considering the effect the detachment will
10    have on the direct educational welfare of the pupils, the
11    regional board of school trustees or the regional boards of
12    school trustees shall consider a comparison of the school
13    report cards for the schools of the affected districts and
14    the school district report cards for the affected districts
15    only if there is no more than a 3% difference in the
16    minority, low-income, and English learner student
17    populations of the relevant schools of the districts.
18        (2) The community of interest of the petitioners and
19    their children and the effect detachment will have on the
20    whole child may be considered only if the regional board of
21    school trustees or the regional boards of school trustees
22    first determines determine that there would be a
23    significant direct educational benefit to the petitioners'
24    children if the change in boundaries were allowed.
25        (3) When petitioners cite an annexing district
26    attendance center or centers in the petition or during

 

 

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1    testimony, the regional board of school trustees or the
2    regional boards of school trustees may consider the
3    difference in the distances from the detaching area to the
4    current attendance centers and the cited annexing district
5    attendance centers only if the difference is no less than
6    10 miles shorter to one of the cited annexing district
7    attendance centers than it is to the corresponding current
8    attendance center.
9        (4) The regional board of school trustees or the
10    regional boards of school trustees may not grant a petition
11    if doing so will increase the percentage of minority or
12    low-income students or English learners by more than 3% at
13    the attendance center where students in the detaching
14    territory currently attend, provided that if the
15    percentage of any one of those groups also decreases at
16    that attendance center, the regional board or boards may
17    grant the petition upon consideration of other factors
18    under this Section and this Article.
19        (5) The regional board of school trustees or the
20    regional boards of school trustees may not consider whether
21    changing the boundaries will increase the property values
22    of the petitioners' property.
23    The factors in subdivisions (1) through (5) of this
24subsection (i) are applicable whether or not there are children
25residing in the petitioning area at the time the hearing is
26conducted.

 

 

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1    If the regional board of school trustees or the regional
2boards of school trustees grants a petition to change school
3district boundaries, then the annexing school district shall
4determine the attendance center or centers that children from
5the petitioning area shall attend.
6    (j) At the hearing, or joint hearing any resident of the
7territory described in the petition or any resident in any
8detaching, dissolving, or annexing school district or any
9representative of a detaching, dissolving, or annexing school
10district affected by the proposed change of boundaries may
11appear in person or by an attorney in support of the petition
12or to object to the granting of the petition and may present
13evidence in support of his or her position through either oral
14or written testimony.
15    (k) At the conclusion of the hearing, the regional
16superintendent of schools as secretary to the regional board of
17school trustees shall, within 30 days, enter an order either
18granting or denying the petition. The regional superintendent
19of schools shall deliver a certified copy of the order by
20certified mail, return receipt requested, to the petitioners or
21committee of petitioners, as applicable; the school board of
22each detaching or dissolving and annexing district; any person
23providing testimony in support of or opposition to the petition
24at the hearing; and any attorney who appears for a person. The
25regional superintendent of schools shall also deliver a copy of
26the order to the regional superintendent of schools who has

 

 

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1supervision and control, as defined in Section 3-14.2 of this
2Code, of the annexing district if different from the regional
3superintendent of schools with whom the petition was filed. The
4regional superintendent of schools is not required to send a
5copy of the regional board of school trustees' order to those
6attending the hearing but not participating. The final order
7shall be in writing and include findings of fact, conclusions
8of law, and the decision to grant or deny the petition. At the
9conclusion of the hearing, other than a joint hearing, the
10regional superintendent of schools as ex officio member of the
11regional board of school trustees shall within 30 days enter an
12order either granting or denying the petition and shall deliver
13to the committee of petitioners, if any, and any person who has
14filed his appearance in writing at the hearing and any attorney
15who appears for any person and any objector who testifies at
16the hearing and the regional superintendent of schools a
17certified copy of its order.
18    (l) Notwithstanding the foregoing provisions of this
19Section, if within 12 9 months after a petition is submitted
20under the provisions of Section 7-1 the petition is not
21approved or denied by the regional board of school trustees and
22the order approving or denying that petition entered and a copy
23thereof served as provided in this Section, petitioners the
24school boards or registered voters of the districts affected
25that submitted the petition (or the committee of 10, or an
26attorney acting on its behalf, if designated in the petition)

 

 

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1may submit a copy of the petition directly to the State
2Superintendent of Education for approval or denial. The copy of
3the petition as so submitted shall be accompanied by a record
4of all proceedings had with respect to the petition up to the
5time the copy of the petition is submitted to the State
6Superintendent of Education (including a copy of any notice
7given or published, any certificate or other proof of
8publication, copies of any maps or written report of the
9financial and educational conditions of the school districts
10affected if furnished by the secretary of the regional board of
11school trustees, copies of any amendments to the petition and
12stipulations made, accepted or refused, a transcript of any
13hearing or part of a hearing held, continued or adjourned on
14the petition, and any orders entered with respect to the
15petition or any hearing held thereon). The petitioners school
16boards, registered voters or committee of 10 submitting the
17petition and record of proceedings to the State Superintendent
18of Education shall give written notice by certified mail,
19return receipt requested, to the regional board of school
20trustees and to the secretary of that board and to the
21detaching or dissolving and annexing school districts that the
22petition has been submitted to the State Superintendent of
23Education for approval or denial, and shall furnish a copy of
24the notice so given to the State Superintendent of Education.
25The cost of assembling the record of proceedings for submission
26to the State Superintendent of Education shall be the

 

 

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1responsibility of the petitioners that submit school boards,
2registered voters or committee of 10 that submits the petition
3and record of proceedings to the State Superintendent of
4Education. When a petition is submitted to the State
5Superintendent of Education in accordance with the provisions
6of this paragraph:
7        (1) The regional board of school trustees loses all
8    jurisdiction over the petition and shall have no further
9    authority to hear, approve, deny or otherwise act with
10    respect to the petition.
11        (2) All jurisdiction over the petition and the right
12    and duty to hear, approve, deny or otherwise act with
13    respect to the petition is transferred to and shall be
14    assumed and exercised by the State Superintendent of
15    Education.
16        (3) The State Superintendent of Education shall not be
17    required to repeat any proceedings that were conducted in
18    accordance with the provisions of this Section prior to the
19    time jurisdiction over the petition is transferred to him,
20    but the State Superintendent of Education shall be required
21    to give and publish any notices and hold or complete any
22    hearings that were not given, held or completed by the
23    regional board of school trustees or its secretary as
24    required by this Section prior to the time jurisdiction
25    over the petition is transferred to the State
26    Superintendent of Education.

 

 

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1        (4) If so directed by the State Superintendent of
2    Education, the regional superintendent of schools shall
3    submit to the State Superintendent of Education and to such
4    school boards as the State Superintendent of Education
5    shall prescribe accurate maps and a written report of the
6    financial and educational conditions of the districts
7    affected and the probable effect of the proposed boundary
8    changes.
9        (5) The State Superintendent is authorized to conduct
10    further hearings, or appoint a hearing officer to conduct
11    further hearings, on the petition even though a hearing
12    thereon was held as provided in this Section prior to the
13    time jurisdiction over the petition is transferred to the
14    State Superintendent of Education.
15        (6) The State Superintendent of Education or the
16    hearing officer shall hear evidence and approve or deny the
17    petition and shall enter an order to that effect and
18    deliver and serve the same as required in other cases to be
19    done by the regional board of school trustees and the
20    regional superintendent of schools as secretary an ex
21    officio member of that board.
22    (m) (Blank). Within 10 days after the conclusion of a joint
23hearing required under the provisions of Section 7-2, each
24regional board of school trustees shall meet together and
25render a decision with regard to the joint hearing on the
26petition. If the regional boards of school trustees fail to

 

 

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1enter a joint order either granting or denying the petition,
2the regional superintendent of schools for the educational
3service region in which the joint hearing is held shall enter
4an order denying the petition, and within 30 days after the
5conclusion of the joint hearing shall deliver a copy of the
6order denying the petition to the regional boards of school
7trustees of each region affected, to the committee of
8petitioners, if any, to any person who has filed his appearance
9in writing at the hearing and to any attorney who appears for
10any person at the joint hearing. If the regional boards of
11school trustees enter a joint order either granting or denying
12the petition, the regional superintendent of schools for the
13educational service region in which the joint hearing is held
14shall, within 30 days of the conclusion of the hearing, deliver
15a copy of the joint order to those same committees and persons
16as are entitled to receive copies of the regional
17superintendent's order in cases where the regional boards of
18school trustees have failed to enter a joint order.
19    (n) Within 10 days after service of a copy of the order
20granting or denying the petition, any person so served may
21petition for a rehearing and, upon sufficient cause being
22shown, a rehearing may be granted. The regional board of school
23trustees shall first determine whether there is sufficient
24cause for a rehearing. If so determined, then the regional
25board of school trustees shall allow the petition to be heard
26anew in its entirety in accordance with all procedures in this

 

 

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1Article. The party requesting a rehearing shall pay the
2expenses of publishing the notice and of any transcript taken
3at the hearing. The filing of a petition for rehearing shall
4operate as a stay of enforcement until the regional board of
5school trustees, or regional boards of school trustees in cases
6of a joint hearing, or State Superintendent of Education in
7cases determined under subsection (l) of this Section enters
8enter the final order on such petition for rehearing.
9    (o) If a petition filed under subsection (a) of Section 7-1
10or under Section 7-2 is required under the provisions of
11subsection (b-5) of this Section 7-6 to request submission of a
12proposition at a regular scheduled election for the purpose of
13voting for or against the annexation of the territory described
14in the petition to the school district proposing to annex that
15territory, and if the petition is granted or approved by the
16regional board or regional boards of school trustees or by the
17State Superintendent of Education, the proposition shall be
18placed on the ballot at the next regular scheduled election.
19(Source: P.A. 99-475, eff. 1-1-16.)
 
20    (105 ILCS 5/7-7)  (from Ch. 122, par. 7-7)
21    Sec. 7-7. Administrative Review Law. The decision of the
22regional board of school trustees, or the decision of the
23regional boards of school trustees following a joint hearing,
24or the decision of the State Superintendent of Education in
25cases determined pursuant to subsection (l) of Section 7-6,

 

 

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1shall be deemed an "administrative decision" as defined in
2Section 3-101 of the Code of Civil Procedure; and any resident,
3who appears at the hearing or any petitioner, or board of
4education entitled to receive a certified copy of the regional
5board of school trustees' order of any district affected may,
6within 35 days after a copy of the decision sought to be
7reviewed was served by certified mail, return receipt
8requested, registered mail upon the resident, petitioner, or
9board of education, the party affected thereby file a complaint
10for a judicial review of such decision in accordance with the
11Administrative Review Law and the rules adopted pursuant
12thereto. The commencement of any action for judicial review
13shall operate as a stay of enforcement, and no further
14proceedings shall be had until final disposition of such
15review. If the transcript of the hearing is required to be
16presented to another county board of school trustees the time
17within which a complaint for review must be filed shall not
18begin to run until the decision of the regional board of school
19trustees hearing the petition has been granted or denied by the
20regional board of school trustees conducting a hearing on the
21transcript. The circuit court of the county in which the
22petition is filed with the regional board of school trustees
23shall have sole jurisdiction to entertain a complaint for such
24review when only one regional board of school trustees must
25act; however, when the regional boards of school trustees act
26following a joint hearing, the circuit court of the county in

 

 

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1which the joint hearing on the original petition is conducted
2shall have sole jurisdiction of the complaint for such review.
3(Source: P.A. 87-210.)
 
4    (105 ILCS 5/7-8)  (from Ch. 122, par. 7-8)
5    Sec. 7-8. Limitation on successive petitions. No
6territory, nor any part thereof, which is involved in any
7proceeding to change the boundaries of a school district by
8detachment or dissolution from or annexation to such school
9district of such territory, and which, after a hearing on the
10merits of the petition or referendum vote, is not so detached
11or dissolved nor annexed, shall be again involved in
12proceedings to change the boundaries of such school district
13for at least 2 years after final determination of such first
14proceeding, unless during that 2-year period a petition filed
15is substantially different than any other previously filed
16petition during the previous 2 years or if a school district
17involved is identified as a priority district under Section
182-3.25d-5 of this Code, is placed on the financial watch list
19by the State Board of Education, or is certified as being in
20financial difficulty during that 2-year period or if such first
21proceeding involved a petition brought under Section 7-2b of
22this Article 7. The 2-year period is counted beginning from the
23date of a final administrative decision after all appeal
24timelines have run, upon final court order after all appeal
25timelines have run, or upon the certification of the election

 

 

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1results in the event of a dissolution. The 2-year period is 2
2calendar years.
3(Source: P.A. 99-193, eff. 7-30-15.)
 
4    (105 ILCS 5/7-9)  (from Ch. 122, par. 7-9)
5    Sec. 7-9. Effective date of change. In case a petition is
6filed for the creation of or the change of boundaries of or for
7an election to vote upon a proposition of creating or annexing
8territory to a school district after August 1, as provided in
9this Article, and the change is granted or the election
10carries, and no appeal is taken such change shall become
11effective after the time for appeal has run for the purpose of
12all elections; however, the change shall not affect the
13administration of the schools until July 1 following the date
14the petition is granted or upon which the election is held and
15the school boards of the districts as they existed prior to the
16change shall exercise the same power and authority over such
17territory until such date; however, new districts shall be
18permitted to organize and elect officers within the time
19prescribed by the general election law. In the event that the
20granting of a petition has become final, either through failure
21to seek Administrative Review, or by the final decision of a
22court on review if no further appeal is taken, or upon
23certification of election results in the event of a
24dissolution, the change in boundaries shall become effective
25the following July 1 forthwith. The school boards of the

 

 

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1districts as they existed prior to the change shall exercise
2the same power and authority over such territory until such
3date, unless However, if the granting of the petition becomes
4final between September 1 and June 30 of any year, the
5administration of and attendance at the schools shall not be
6affected until the following July 1, when the change in
7boundaries shall become effective for all purposes. After the
8granting of a petition has become final, the date when the
9change shall become effective for purposes of administration
10and attendance may be accelerated or postponed by stipulation
11of each of the school boards of each detaching or dissolving
12and annexing school district and approval affected and approved
13by the regional board of school trustees or by the board of a
14special charter district with which the original petition is
15required to be filed.
16(Source: P.A. 90-459, eff. 8-17-97.)
 
17    (105 ILCS 5/7-10)  (from Ch. 122, par. 7-10)
18    Sec. 7-10. Map showing change; filed change-Filed. Within
1930 thirty days after the boundaries of any school district have
20been changed, or a new district created under any of the
21provisions of this Article the regional county superintendent
22of schools of any county involved shall make and file with the
23county clerk or clerks of his county a map of any detaching,
24dissolving, or annexing school districts, involved in any
25change of boundaries or creation of a new district whereupon

 

 

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1the county clerks shall extend taxes against the territory in
2accordance therewith; provided : Provided that if an action to
3review such decision under Section 7-7 is taken, the regional
4superintendent of schools County Superintendent of Schools
5shall not file the map with the county clerk until after he or
6she is served with a certified copy of the order of the final
7disposition of such review.
8(Source: Laws 1961, p. 31.)
 
9    (105 ILCS 5/7-10.5 new)
10    Sec. 7-10.5. Teacher transfer. When dissolution and
11annexation become effective for purposes of administration and
12attendance as determined pursuant to Section 7-9 or 7-11 of
13this Code, as applicable, the positions of teachers in
14contractual continued service in the district being dissolved
15are transferred to an annexing district or to annexing
16districts pursuant to the provisions of subsection (h) of
17Section 24-11 of this Code relative to teachers having
18contractual continued service status whose positions are
19transferred from one school board to the control of a different
20school board, and those said provisions of subsection (h) of
21Section 24-11 of this Code shall apply to the transferred
22teachers. In the event that the territory is added to 2 or more
23districts, the decision on which positions are to be
24transferred to which annexing districts must be made giving
25consideration to the proportionate percentage of pupils

 

 

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1transferred and the annexing districts' staffing needs, and the
2transfer of specific individuals into such positions must be
3based upon the request of those teachers in order of seniority
4in the dissolving district. The contractual continued service
5status of any teacher thereby transferred to an annexing
6district is not lost and the different school board is subject
7to this Code with respect to the transferred teacher in the
8same manner as if the teacher was that district's employee and
9had been its employee during the time the teacher was actually
10employed by the school board of the dissolving district from
11which the position was transferred.
 
12    (105 ILCS 5/7-11)  (from Ch. 122, par. 7-11)
13    Sec. 7-11. Annexation of dissolved non-operating
14districts. If any school district has become dissolved as
15provided in Section 5-32, or if a petition for dissolution is
16filed under subsection (b) of Section 7-2a, the regional board
17of school trustees shall attach the territory of such dissolved
18district to one or more districts and, if the territory is
19added to 2 or more districts, shall divide the property of the
20dissolved district among the districts to which its territory
21is added, in the manner provided for the division of property
22in case of the organization of a new district from a part of
23another district. The regional board of school trustees of the
24region in which the regional superintendent has supervision and
25control, as defined in Section 3-14.2 of this Code, over the

 

 

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1school district that is dissolved shall have all power
2necessary to annex the territory of the dissolved district as
3provided in this Section, including the power to attach the
4territory to a school district under the supervision and
5control of the regional superintendent of another educational
6service region and, in the case of Leepertown CCSD 175, the
7power to attach the territory to a non-contiguous school
8district if deemed in the best interests of the schools of the
9area and the educational welfare of the pupils involved. The
10annexation of the territory of a dissolved school district
11under this Section shall entitle the school districts involved
12in the annexation to payments from the State Board of Education
13in the same manner and to the same extent authorized in the
14case of other annexations under this Article. Other provisions
15of this Article 7 of The School Code shall apply to and govern
16dissolutions and annexations under this Section and Section
177-2a, except that it is the intent of the General Assembly that
18in the case of conflict the provisions of this Section and
19Section 7-2a shall control over the other provisions of this
20Article.
21    The regional board of school trustees shall give notice of
22a hearing, to be held not less than 50 days nor more than 70
23days after a school district is dissolved under Section 5-32 or
24a petition is filed under subsection (b) of Section 7-2a, on
25the disposition of the territory of such school district by
26publishing a notice thereof at least once each week for 2

 

 

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1successive weeks in at least one newspaper having a general
2circulation within the area of the territory involved. At such
3hearing, the regional board of school trustees shall hear
4evidence as to the school needs and conditions of the territory
5and of the area within and adjacent thereto, and shall take
6into consideration the educational welfare of the pupils of the
7territory and the normal high school attendance pattern of the
8children. In the case of an elementary school district, except
9for Leepertown CCSD 175, if all the eighth grade graduates of
10such district customarily attend high school in the same high
11school district, the regional board of school trustees shall,
12unless it be impossible because of the restrictions of a
13special charter district, annex the territory of the district
14to a contiguous elementary school district whose eighth grade
15graduates customarily attend that high school, and that has an
16elementary school building nearest to the center of the
17territory to be annexed, but if such eighth grade graduates
18customarily attend more than one high school the regional board
19of school trustees shall determine the attendance pattern of
20such graduates and divide the territory of the district among
21the contiguous elementary districts whose graduates attend the
22same respective high schools.
23    At the conclusion of the hearing, the regional
24superintendent of schools, as secretary to the regional board
25of school trustees, shall, within 10 days, enter an order
26detailing the annexation of the dissolved district. The

 

 

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1regional superintendent of schools shall deliver a certified
2copy of the order by certified mail, return receipt requested,
3to the petitioners or committee of petitioners, as applicable;
4the school board of each dissolving and annexing district; any
5person providing testimony in support of or opposition to the
6petition at the hearing; and any attorney who appears for any
7person. The regional superintendent of schools shall also
8deliver a copy of the order to the regional superintendent of
9schools who has supervision and control, as defined in Section
103-14.2 of this Code, of the annexing district, if different
11from the regional superintendent of schools with whom the
12petition was filed. The regional superintendent of schools is
13not required to send a copy of the regional board of school
14trustees' order to those attending the hearing but not
15participating. The final order shall be in writing and include
16findings of fact, conclusions of law, and the annexation
17decision. The decision of the regional board of school trustees
18shall be The decision of the regional board of school trustees
19in such matter shall be issued within 10 days after the
20conclusion of the hearing and deemed an "administrative
21decision" as defined in Section 3-101 of the Code of Civil
22Procedure and any resident, who appears at the hearing or any
23petitioner, or school district entitled to receive a certified
24copy of the regional board of school trustees' order may,
25within 10 days after a copy of the decision sought to be
26reviewed was served by certified mail, return receipt

 

 

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1requested, registered mail upon the resident, petitioner, or
2school district, the party affected thereby file a complaint
3for the judicial review of such decision in accordance with the
4"Administrative Review Law", and all amendments and
5modifications thereof and the rules adopted pursuant thereto.
6The commencement of any action for review shall operate as a
7stay of enforcement, and no further proceedings shall be had
8until final disposition of such review. The final decision of
9the regional board of school trustees or of any court upon
10judicial review shall become effective under Section 7-9 in the
11case of a petition for dissolution filed under subsection (b)
12of Section 7-2a, and a final decision shall become effective
13immediately following the date no further appeal is allowable
14in the case of a district dissolved under Section 5-32.
15    Notwithstanding the foregoing provisions of this Section
16or any other provision of law to the contrary, the school board
17of the Mt. Morris School District is authorized to donate to
18the City of Mount Morris, Illinois the school building and
19other real property used as a school site by the Mt. Morris
20School District at the time of its dissolution, by appropriate
21resolution adopted by the school board of the district prior to
22the dissolution of the district; and upon the adoption of a
23resolution by the school board donating the school building and
24school site to the City of Mount Morris, Illinois as authorized
25by this Section, the regional board of school trustees or other
26school officials holding legal title to the school building and

 

 

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1school site so donated shall immediately convey the same to the
2City of Mt. Morris, Illinois.
3(Source: P.A. 97-656, eff. 1-13-12.)
 
4    (105 ILCS 5/7-12)  (from Ch. 122, par. 7-12)
5    Sec. 7-12. Termination of office. Upon the close of the
6then current school year during which any school district is
7annexed to another school district under any of the provisions
8of this Article, the terms of office of the school directors or
9board of education members of the annexed school district shall
10be terminated and the school board of the annexing district
11shall perform all the duties and have all the powers of the
12school board of the annexed district. The annexing district as
13it is constituted on and after the time of such annexation
14shall receive all the assets and assume all the obligations and
15liabilities including the bonded indebtedness of the original
16annexing district and of the district annexed. The tax rate for
17such assumed bonded indebtedness shall be determined in the
18manner provided in Article 19 of this Code Act.
19(Source: Laws 1961, p. 31.)
 
20    (105 ILCS 5/7-14A)  (from Ch. 122, par. 7-14A)
21    Sec. 7-14A. Annexation compensation Compensation. There
22shall be no accounting made after a mere change in boundaries
23when no new district is created, except that those districts
24whose enrollment increases by 90% or more as a result of

 

 

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1annexing territory detached from another district pursuant to
2this Article are eligible for supplementary State aid payments
3in accordance with Section 11E-135 of this Code. Eligible
4annexing districts shall apply to the State Board of Education
5for supplementary State aid payments by submitting enrollment
6figures for the year immediately preceding and the year
7immediately following the effective date of the boundary change
8for both the district gaining territory and the district losing
9territory. Copies of any intergovernmental agreements between
10the district gaining territory and the district losing
11territory detailing any transfer of fund balances and staff
12must also be submitted. In all instances of changes in
13boundaries, the district losing territory shall not count the
14average daily attendance of pupils living in the territory
15during the year preceding the effective date of the boundary
16change in its claim for reimbursement under Section 18-8.05
1718-8 for the school year following the effective date of the
18change in boundaries and the district receiving the territory
19shall count the average daily attendance of pupils living in
20the territory during the year preceding the effective date of
21the boundary change in its claim for reimbursement under
22Section 18-8.05 18-8 for the school year following the
23effective date of the change in boundaries. The changes to this
24Section made by this amendatory Act of the 95th General
25Assembly are intended to be retroactive and applicable to any
26annexation taking effect on or after July 1, 2004.

 

 

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1(Source: P.A. 95-707, eff. 1-11-08.)
 
2    (105 ILCS 5/7-29)  (from Ch. 122, par. 7-29)
3    Sec. 7-29. Limitation on contesting boundary change. No
4Neither the People of the State of Illinois nor any person,
5corporation, private or public, nor any association of persons
6shall commence an action contesting either directly or
7indirectly the annexation of any territory to a school district
8shall commence or the creation of any new school district
9unless brought within 2 calendar years after (i) the order
10annexing the territory or creating the new district shall have
11become final in the event of a detachment or (ii) the election
12results shall have been certified in the event of a
13dissolution. Where or within 2 years after the date of the
14election creating the new school district if no proceedings to
15contest such election are duly instituted within the time
16permitted by law, or within two years after the final
17disposition of any proceedings which may be so instituted to
18contest such election; however where a limitation of a shorter
19period is prescribed by statute, such shorter limitation shall
20apply. The , and the limitation set forth in this Section
21section shall not apply to jurisdictional challenges any order
22where the judge, body or officer entering the order annexing
23the territory or creating the new district did not at the time
24of the entry of such order have jurisdiction of the subject
25matter.

 

 

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1(Source: P.A. 86-1334.)
 
2    (105 ILCS 5/7-31 new)
3    Sec. 7-31. Applicability of amendatory Act. For any
4petition filed with the regional superintendent of schools
5under this Article prior to the effective date of this
6amendatory Act of the 99th General Assembly, including a
7petition for a rehearing pursuant to subsection (n) of Section
87-6 of this Code, the proposed action described in the
9petition, including all notices, hearings, administrative
10decisions, ballots, elections, and passage requirements
11relating thereto, shall proceed and be in accordance with the
12law in effect prior to the effective date of this amendatory
13Act of the 99th General Assembly.
 
14    (105 ILCS 5/10-22.35B new)
15    Sec. 10-22.35B. Title to school sites and buildings.
16    (a) On January 1, 1994 (the effective date of Public Act
1788-155): (i) the legal title to all school buildings and school
18sites used or occupied for school purposes by a school district
19located in a Class I county school unit or held for the use of
20any such school district by and in the name of the regional
21board of school trustees shall vest in the school board of the
22school district, and the legal title to those school buildings
23and school sites shall be deemed transferred by operation of
24law to the school board of the school district, to be used for

 

 

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1school purposes and held, sold, leased, exchanged, or otherwise
2transferred in accordance with law; and (ii) the legal title to
3all school buildings and school sites used or occupied for
4school purposes by a school district that is located in a Class
5II county school unit and that has withdrawn from the
6jurisdiction and authority of the trustees of schools of a
7township and the township treasurer under subsection (b) of
8Section 5-1 of this Code or held for the use of any such school
9district by and in the name of the regional board of school
10trustees at the time that regional board of school trustees was
11abolished by Public Act 87-969 shall vest in the school board
12of the school district, and the legal title to those school
13buildings and school sites shall be deemed transferred by
14operation of law to the school district, to be used for school
15purposes and held, sold, leased, exchanged, or otherwise
16transferred in accordance with law.
17    (b) The school board of each school district to which
18subsection (a) of this Section is applicable may receive any
19gift, grant, donation, or legacy made for the use of any school
20or for any school purpose within its jurisdiction and shall
21succeed to any gift, grant, donation, or legacy heretofore
22received by the regional board of school trustees, either from
23the township school trustees within their jurisdiction or from
24any other source, for the use of any school of the district
25served by the school board or for any other school purpose of
26that school district. All conveyances of real estate made to

 

 

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1the school board of a school district under this Section shall
2be made to the school board in its corporate name and to its
3successors in office.
4    (c) All school districts and high school districts may take
5and convey title to real estate to be improved by buildings or
6other structures for vocational or other educational training
7as provided in Section 10-23.3 of this Code.
8    (d) Nothing in this Section shall be deemed to apply to any
9common school lands or lands granted or exchanged therefor or
10to the manner in which such lands are managed and controlled
11for the use and benefit of the school township and the schools
12of the township by the township land commissioners, the
13regional board of school trustees (acting as the township land
14commissioners), or the trustees of schools of the township,
15which hold legal title to those lands; and they may continue to
16receive gifts, grants, donations, or legacies made for the use
17of the school township and for the schools of the township
18generally in the same manner as such gifts, grants, donations,
19or legacies were made prior to January 1, 1994.
 
20    (105 ILCS 5/12-24)  (from Ch. 122, par. 12-24)
21    Sec. 12-24. Elimination of non-high school district. The
22territory of the non-high school district or unit district not
23maintaining a high school in existence on January 1, 1950 of
24any county having a population of 500,000 or less shall be
25automatically eliminated from the non-high school district or

 

 

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1unit district, unless (1) the non-high school territory is
2adjacent to a district created by a special Act whose
3boundaries are required by such Act to be coterminous with some
4city or village or to a district maintaining grades 1 through
512 and (2) has children in such territory who customarily
6attend the high school of such district and (3) has no school
7district operating grades 9 through 12 to which such territory
8could be annexed without impairing the educational
9opportunities of the children of such territory and in such
10case the territory shall remain non-high school territory.
11    Any such non-high school district including any unit
12district not maintaining a high school pursuant to the
13provisions of this Section shall pay tuition for high school
14students at a rate to be mutually agreed by the boards of
15education of each district affected.
16    When territory is eliminated from a non-high school
17district or unit district not maintaining a high school it
18shall be annexed by the county board of school trustees as
19provided in Section 7-27 of this Code (now repealed) Act.
20    Any non-high school district affected by such elimination
21and annexation may continue to exercise all previously
22conferred and existing powers pending final administrative or
23judicial affirmance thereof.
24(Source: P.A. 81-950.)
 
25    (105 ILCS 5/16-2)  (from Ch. 122, par. 16-2)

 

 

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1    Sec. 16-2. Joint use of site and building. Whenever the
2school boards of two or more school districts have agreed upon
3the joint use of any school site and compensation to be paid
4therefor, and any such site has been selected in the manner
5required by law, it is lawful for such districts to use the
6same school site and after payment of the compensation, the
7trustees of schools of the township or regional board of school
8trustees, as the case may be, by proper instrument in writing
9shall declare that title to such site is held for the joint use
10of such districts according to the terms of such agreement, and
11such districts shall be further authorized to construct,
12maintain and use a building jointly for the benefit of the
13inhabitants thereof. Notwithstanding any other provisions of
14this Section:
15    (1) If legal title to the selected site is held in the name
16of the school board of a school district that has agreed to the
17joint use of the site with any other school districts, and if
18those other school districts are also districts whose school
19boards, under subsection (a) of Section 10-22.35B of this Code
207-28, are to hold legal title to school buildings and school
21sites of the district, then upon the execution of the agreement
22and payment of the compensation in accordance with the terms of
23the agreement the school boards of the districts shall be
24deemed to hold legal title to the site as tenants in common,
25and the required deed or deeds of conveyance shall be executed
26and delivered by the president and secretary or clerk of the

 

 

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1school boards to reflect that legal title to the selected site
2is held in that manner.
3    (2) If one more but not all of the school boards that are
4party to the agreement are school boards that, under subsection
5(a) of Section 10-22.35B of this Code 7-28, are to hold legal
6title to the school buildings and school sites of the district,
7the interest in the selected site of each school board that is
8to hold legal title to the school buildings and school sites of
9the district shall be that of a tenant in common; and the
10required deed or deeds of conveyance shall be executed and
11delivered by the president and secretary or clerk of the
12trustees of schools of the township, regional board of school
13trustees, township land commissioners, or school boards, as the
14case may be, to reflect that tenancy in common interest of the
15appropriate school board or school boards with the trustees of
16schools of the township, regional board of school trustees or
17township land commissioners, as the case may be, in the legal
18title to the selected site.
19(Source: P.A. 88-155.)
 
20    (105 ILCS 5/32-4.6)  (from Ch. 122, par. 32-4.6)
21    Sec. 32-4.6. Title, care and custody of property;
22supervision and control.
23    The title, care and custody of all schoolhouses and school
24sites belonging to districts that are described in Section
2532-2.11 and that are not districts whose school boards under

 

 

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1subsection (a) of Section 10-22.35B of this Code 7-28 are to
2hold legal title to school buildings and school sites of the
3district shall be vested in the trustees of schools of the
4townships in which the districts are situated, but the
5supervision and control of such schoolhouses and sites shall be
6vested in the board of inspectors of the districts. In all
7other cases, the legal title, care, custody and control of
8school houses and school sites belonging to districts that are
9described in Section 32-2.11, together with the supervision and
10control of those school houses and sites, shall be vested in
11the board of inspectors of the districts.
12(Source: P.A. 88-155.)
 
13    (105 ILCS 5/7-01 rep.)
14    (105 ILCS 5/7-2 rep.)
15    (105 ILCS 5/7-2.3 rep.)
16    (105 ILCS 5/7-2.4 rep.)
17    (105 ILCS 5/7-2.5 rep.)
18    (105 ILCS 5/7-2.6 rep.)
19    (105 ILCS 5/7-2.7 rep.)
20    (105 ILCS 5/7-13 rep.)
21    (105 ILCS 5/7-27 rep.)
22    (105 ILCS 5/7-28 rep.)
23    (105 ILCS 5/7-30 rep.)
24    Section 10. The School Code is amended by repealing
25Sections 7-01, 7-2, 7-2.3, 7-2.4, 7-2.5, 7-2.6, 7-2.7, 7-13,

 

 

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17-27, 7-28, and 7-30.
 
2    Section 99. Effective date. This Act takes effect July 1,
32016.