Illinois General Assembly - Full Text of SB0224
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Full Text of SB0224  99th General Assembly

SB0224enr 99TH GENERAL ASSEMBLY



 


 
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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
57-6 and 7-14 as follows:
 
6    (105 ILCS 5/7-6)  (from Ch. 122, par. 7-6)
7    Sec. 7-6. Petition filing; Notice; Hearing; Decision.
8    (a) Upon the filing of a petition with the secretary of the
9regional board of school trustees under the provisions of
10Section 7-1 or 7-2 of this Act the secretary shall cause a copy
11of such petition to be given to each board of any district
12involved in the proposed boundary change and shall cause a
13notice thereof to be published once in a newspaper having
14general circulation within the area of the territory described
15in the petition for the proposed change of boundaries.
16    (b) When a joint hearing is required under the provisions
17of Section 7-2, the secretary also shall cause a copy of the
18notice to be sent to the regional board of school trustees of
19each region affected. Notwithstanding the foregoing provisions
20of this Section, if the secretary of the regional board of
21school trustees with whom a petition is filed under Section 7-2
22fails, within 30 days after the filing of such petition, to
23cause notice thereof to be published and sent as required by

 

 

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1this Section, then the secretary of the regional board of
2school trustees of any other region affected may cause the
3required notice to be published and sent, and the joint hearing
4may be held in any region affected as provided in the notice so
5published.
6    (b-5) If a petition filed under subsection (a) of Section
77-1 or under Section 7-2 proposes to annex all the territory of
8a school district to another school district, the petition
9shall request the submission of a proposition at a regular
10scheduled election for the purpose of voting for or against the
11annexation of the territory described in the petition to the
12school district proposing to annex that territory. No petition
13filed or election held under this Article shall be null and
14void, invalidated, or deemed in noncompliance with the Election
15Code because of a failure to publish a notice with respect to
16the petition or referendum as required under subsection (g) of
17Section 28-2 of that Code for petitions that are not filed
18under this Article or Article 11E of this Code.
19    (c) When a petition contains more than 10 signatures the
20petition shall designate a committee of 10 of the petitioners
21as attorney in fact for all petitioners, any 7 of whom may make
22binding stipulations on behalf of all petitioners as to any
23question with respect to the petition or hearing or joint
24hearing, and the regional board of school trustees, or regional
25boards of school trustees in cases of a joint hearing may
26accept such stipulation in lieu of evidence or proof of the

 

 

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

 

 

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1of Education in cases determined under subsection (l) of this
2Section, the appellants shall pay the cost of preparing the
3record for appeal.
4    (f) The notice shall state when the petition was filed, the
5description of the territory, the prayer of the petition and
6the return day on which the hearing or joint hearing upon the
7petition will be held which shall not be more than 15 nor less
8than 10 days after the publication of notice.
9    (g) On such return day or on a day to which the regional
10board of school trustees, or regional boards of school trustees
11in cases of a joint hearing shall continue the hearing or joint
12hearing the regional board of school trustees, or regional
13boards of school trustees in cases of a joint hearing shall
14hear the petition but may adjourn the hearing or joint hearing
15from time to time or may continue the matter for want of
16sufficient notice or other good cause.
17    (h) Prior to the hearing or joint hearing the secretary of
18the regional board of school trustees shall submit to the
19regional board of school trustees, or regional boards of school
20trustees in cases of a joint hearing maps showing the districts
21involved, a written report of financial and educational
22conditions of districts involved and the probable effect of the
23proposed changes. The reports and maps submitted shall be made
24a part of the record of the proceedings of the regional board
25of school trustees, or regional boards of school trustees in
26cases of a joint hearing. A copy of the report and maps

 

 

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

 

 

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

 

 

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

 

 

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1determine the attendance center or centers that children from
2the petitioning area shall attend.
3    (j) At the hearing or joint hearing any resident of the
4territory described in the petition or any resident in any
5district affected by the proposed change of boundaries may
6appear in person or by an attorney in support of the petition
7or to object to the granting of the petition and may present
8evidence in support of his position.
9    (k) At the conclusion of the hearing, other than a joint
10hearing, the regional superintendent of schools as ex officio
11member of the regional board of school trustees shall within 30
12days enter an order either granting or denying the petition and
13shall deliver to the committee of petitioners, if any, and any
14person who has filed his appearance in writing at the hearing
15and any attorney who appears for any person and any objector
16who testifies at the hearing and the regional superintendent of
17schools a certified copy of its order.
18    (l) Notwithstanding the foregoing provisions of this
19Section, if within 9 months after a petition is submitted under
20the provisions of Section 7-1 the petition is not approved or
21denied by the regional board of school trustees and the order
22approving or denying that petition entered and a copy thereof
23served as provided in this Section, the school boards or
24registered voters of the districts affected that submitted the
25petition (or the committee of 10, or an attorney acting on its
26behalf, if designated in the petition) may submit a copy of the

 

 

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

 

 

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

 

 

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

 

 

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1the petition, and within 30 days after the conclusion of the
2joint hearing shall deliver a copy of the order denying the
3petition to the regional boards of school trustees of each
4region affected, to the committee of petitioners, if any, to
5any person who has filed his appearance in writing at the
6hearing and to any attorney who appears for any person at the
7joint hearing. If the regional boards of school trustees enter
8a joint order either granting or denying the petition, the
9regional superintendent of schools for the educational service
10region in which the joint hearing is held shall, within 30 days
11of the conclusion of the hearing, deliver a copy of the joint
12order to those same committees and persons as are entitled to
13receive copies of the regional superintendent's order in cases
14where the regional boards of school trustees have failed to
15enter a joint order.
16    (n) Within 10 days after service of a copy of the order
17granting or denying the petition, any person so served may
18petition for a rehearing and, upon sufficient cause being
19shown, a rehearing may be granted. The filing of a petition for
20rehearing shall operate as a stay of enforcement until the
21regional board of school trustees, or regional boards of school
22trustees in cases of a joint hearing, or State Superintendent
23of Education in cases determined under subsection (l) of this
24Section enter the final order on such petition for rehearing.
25    (o) If a petition filed under subsection (a) of Section 7-1
26or under Section 7-2 is required under the provisions of

 

 

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1subsection (b-5) of this Section 7-6 to request submission of a
2proposition at a regular scheduled election for the purpose of
3voting for or against the annexation of the territory described
4in the petition to the school district proposing to annex that
5territory, and if the petition is granted or approved by the
6regional board or regional boards of school trustees or by the
7State Superintendent of Education, the proposition shall be
8placed on the ballot at the next regular scheduled election.
9(Source: P.A. 94-1019, eff. 7-10-06.)
 
10    (105 ILCS 5/7-14)  (from Ch. 122, par. 7-14)
11    Sec. 7-14. Bonded indebtedness-Tax rate.
12    (a) Beginning on January 1, 2015, whenever the boundaries
13of any school district are changed by the attachment or
14detachment of territory, the territory that is detached shall
15remain liable for its proportionate share of the bonded
16indebtedness of the school district from which the territory is
17detached. The annexing district shall not, except pursuant to
18the approval of a resolution by the school board of the
19annexing district prior to the effective date of the change of
20boundaries, assume or be responsible for any of the bonded
21indebtedness of the district from which the territory is
22detached. If the annexing district does not assume the
23detaching territory's proportionate share of the bonded
24indebtedness of the district from which the territory is
25detaching, a tax rate for that bonded indebtedness shall be

 

 

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1determined in the manner provided in Section 19-7 of this Code,
2and the county clerk or clerks shall annually extend taxes for
3each bond outstanding on the effective date of the change of
4boundaries against all of the taxable property situated within
5the territory that is detached and within the detaching
6district. After the effective date of the change of boundaries,
7all of the property situated within the annexing school
8district, including the detaching territory, shall be liable
9for the bonded indebtedness of that district as it exists on
10the effective date of the change of boundaries and any date
11thereafter. Except as provided in subsection (b), whenever the
12boundaries of any school district are changed by the annexation
13or detachment of territory, each such district as it exists on
14and after such action shall assume the bonded indebtedness, as
15well as financial obligations to the Capital Development Board
16pursuant to Section 35-15 (now repealed) of this Code, of all
17the territory included therein after such change. The tax rate
18for bonded indebtedness shall be determined in the manner
19provided in Section 19-7 of this Act, except the County Clerk
20shall annually extend taxes against all the taxable property
21situated in the county and contained in each such district as
22it exists after the action. Notwithstanding the provisions of
23this subsection, if the boundaries of a school district are
24changed by annexation or detachment of territory after June 30,
251987, and prior to September 15, 1987, and if the school
26district to which territory is being annexed has no outstanding

 

 

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1bonded indebtedness on the date such annexation occurs, then
2the annexing school district shall not be liable for any bonded
3indebtedness of the district from which the territory is
4detached, and the school district from which the territory is
5detached shall remain liable for all of its bonded
6indebtedness.
7    (b) Whenever a school district with bonded indebtedness has
8become dissolved under this Article and its territory annexed
9to another district, the annexing district or districts shall
10not, except by action pursuant to resolution of the school
11board of the annexing district prior to the effective date of
12the annexation, assume the bonded indebtedness of the dissolved
13district; nor, except by action pursuant to resolution of the
14school board of the dissolving district, shall the territory of
15the dissolved district assume the bonded indebtedness of the
16annexing district or districts. If the annexing district or
17districts do not assume the bonded indebtedness of the
18dissolved district, a tax rate for the bonded indebtedness
19shall be determined in the manner provided in Section 19-7, and
20the county clerk or clerks shall annually extend taxes for each
21outstanding bond issue against all the taxable property that
22was situated within the boundaries of the district as the
23boundaries existed at the time of the issuance of each bond
24issue regardless of whether the property is still contained in
25that same district at the time of the extension of the taxes by
26the county clerk or clerks.

 

 

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1    (c) Notwithstanding the provisions of Section 19-18 of this
2Code, upon resolution of the school board, the county clerk
3must extend taxes to pay the principal of and interest on any
4bonds issued exclusively to refund any bonded indebtedness of
5the annexing school district against all of the taxable
6property that was situated within the boundaries of the
7annexing district as the boundaries existed at the time of the
8issuance of the bonded indebtedness being refunded and not
9against any of the taxable property in the dissolved school
10district, provided that (i) the net interest rate on the
11refunding bonds may not exceed the net interest rate on the
12refunded bonds, (ii) the final maturity date of the refunding
13bonds may not extend beyond the final maturity date of the
14refunded bonds, and (iii) the tax levy to pay the refunding
15bonds in any levy year may not exceed the tax levy that would
16have been required to pay the refunded bonds for that levy
17year. The provisions of this subsection (c) are applicable to
18school districts that were dissolved and their territory
19annexed to another school district pursuant to a referendum
20held in April of 2003. The provisions of this subsection (c),
21other than this sentence, are inoperative 2 years after the
22effective date of this amendatory Act of the 95th General
23Assembly.
24(Source: P.A. 94-1105, eff. 6-1-07; 95-1025, eff. 1-6-09.)