Full Text of HB2564 98th General Assembly
HB2564 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2564 Introduced , by Rep. Sandra M. Pihos SYNOPSIS AS INTRODUCED: | | 105 ILCS 5/7-6 | from Ch. 122, par. 7-6 |
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Amends the School Code. Makes a technical change in a Section concerning
boundary changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 7-6 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
the filing of a petition with the secretary of | 9 | | the regional board
of school trustees under the provisions of | 10 | | Section 7-1 or 7-2 of this
Act the secretary shall cause a copy | 11 | | of such petition to be given to
each board of any district | 12 | | involved in the proposed boundary change and
shall cause a | 13 | | notice thereof to be published once in a newspaper having
| 14 | | general circulation within the area of the territory described | 15 | | in the
petition for the proposed change of boundaries. | 16 | | (b) When a joint hearing is required under the provisions | 17 | | of Section
7-2, the secretary also shall cause a copy of the | 18 | | notice to be sent to the
regional board of school trustees of | 19 | | each region affected. Notwithstanding
the foregoing provisions | 20 | | of this Section, if the secretary of the regional
board of | 21 | | school trustees with whom a petition is filed under Section 7-2 | 22 | | fails,
within 30 days after the filing of such petition, to | 23 | | cause notice thereof
to be published and sent as required by |
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| 1 | | this Section, then the secretary of
the regional board of | 2 | | school trustees of any other region affected may
cause the | 3 | | required notice to be published and sent, and the joint hearing
| 4 | | may be held in any region affected as provided in the notice so
| 5 | | published.
| 6 | | (b-5) If a petition filed under subsection (a) of Section | 7 | | 7-1 or under
Section 7-2 proposes to annex all the territory of | 8 | | a school district to another
school district, the petition | 9 | | shall request the
submission of a proposition at a regular | 10 | | scheduled election for the purpose of
voting for or against the | 11 | | annexation of the
territory described in the petition to the | 12 | | school district proposing to annex
that territory. No petition | 13 | | filed or election held under this Article shall be
null and | 14 | | void, invalidated, or deemed in noncompliance with the Election | 15 | | Code
because of a failure to publish a notice with respect to | 16 | | the petition or
referendum as required under subsection (g) of | 17 | | Section 28-2 of that Code for
petitions that are not filed | 18 | | under this Article or Article 11E
of this Code.
| 19 | | (c) When a petition contains more than 10 signatures the | 20 | | petition shall
designate a committee of 10 of the petitioners | 21 | | as attorney in fact for all
petitioners, any 7 of whom may make | 22 | | binding stipulations on behalf of all
petitioners as to any | 23 | | question with respect to the petition or hearing or
joint | 24 | | hearing, and the regional board of school trustees, or regional
| 25 | | boards of school trustees in cases of a joint hearing may | 26 | | accept such
stipulation in lieu of evidence or proof of the |
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| 1 | | matter stipulated. The
committee of petitioners shall have the | 2 | | same power to stipulate to
accountings or waiver thereof | 3 | | between school districts; however, the
regional board of school | 4 | | trustees, or regional boards of school trustees in
cases of a | 5 | | joint hearing may refuse to accept such stipulation.
Those | 6 | | designated as the committee of 10 shall serve in that capacity | 7 | | until
such time as the regional superintendent of schools or | 8 | | the committee of 10
determines that, because of death, | 9 | | resignation, transfer of residency from the
territory, or | 10 | | failure to qualify, the office of a particular member of the
| 11 | | committee of 10 is vacant. Upon determination that a vacancy | 12 | | exists, the
remaining members shall appoint a petitioner to | 13 | | fill the designated vacancy on
the committee of 10. The | 14 | | appointment of any new members by the committee of 10
shall be | 15 | | made by a simple majority vote of the remaining designated | 16 | | members.
| 17 | | (d) The petition may be amended to withdraw not to exceed a | 18 | | total of 10%
of the territory in the petition at any time prior | 19 | | to the hearing or joint
hearing; provided that the petition | 20 | | shall after amendment comply with the
requirements as to the | 21 | | number of signatures required on an original petition.
| 22 | | (e) The petitioners shall pay the expenses of publishing | 23 | | the notice and
of any transcript taken at the hearing or joint | 24 | | hearing; and in case of an
appeal from the decision of the | 25 | | regional board of school trustees, or
regional boards of school | 26 | | trustees in cases of a joint hearing, or State
Superintendent |
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| 1 | | of Education in cases determined under subsection (l) of
this | 2 | | Section, the appellants shall pay the cost of preparing the | 3 | | record
for appeal.
| 4 | | (f) The notice shall state when the petition was filed, the | 5 | | description
of the territory, the prayer of the petition and | 6 | | the return day on which
the hearing or joint hearing upon the | 7 | | petition will be held which shall not
be more than 15 nor less | 8 | | than 10 days after the publication of notice.
| 9 | | (g) On such return day or on a day to which the regional | 10 | | board of school
trustees, or regional boards of school trustees | 11 | | in cases of a joint
hearing shall continue the hearing or joint | 12 | | hearing the regional board of
school trustees, or regional | 13 | | boards of school trustees in cases of a joint
hearing shall | 14 | | hear the petition but may adjourn the hearing or joint
hearing | 15 | | from time to time or may continue the matter for want of | 16 | | sufficient
notice or other good cause.
| 17 | | (h) Prior to the hearing or joint hearing the secretary of | 18 | | the regional
board of school trustees shall submit to the | 19 | | regional board of school trustees,
or regional boards of school | 20 | | trustees in cases of a joint hearing maps showing
the districts | 21 | | involved, a written report of financial and educational
| 22 | | conditions of districts involved and the probable effect of the | 23 | | proposed
changes. The reports and maps submitted shall be made | 24 | | a part of the record of
the proceedings of the regional board | 25 | | of school trustees, or regional boards of
school trustees in | 26 | | cases of a joint hearing. A copy of the report and maps
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| 1 | | submitted shall be sent by the secretary of the regional board | 2 | | of school
trustees to each board of the districts involved, not | 3 | | less than 5 days prior to
the day upon which the hearing or | 4 | | joint hearing is to be held.
| 5 | | (i) The regional board of school trustees, or regional | 6 | | boards of school
trustees in cases of a joint hearing shall | 7 | | hear evidence as to the school
needs and conditions of the | 8 | | territory in the area within and adjacent
thereto and as to the | 9 | | ability of the districts affected to meet the
standards of | 10 | | recognition as prescribed by the State Board of Education, and
| 11 | | shall take into consideration the division of funds and assets | 12 | | which will
result from the change of boundaries and shall | 13 | | determine whether it is to
the best interests of the schools of | 14 | | the area and the educational welfare
of the pupils that such | 15 | | change in boundaries be granted, and in case
non-high school | 16 | | territory is contained in the petition the normal high
school | 17 | | attendance pattern of the children shall be taken into
| 18 | | consideration. If the non-high school territory overlies an | 19 | | elementary
district, a part of which is in a high school | 20 | | district, such territory may
be annexed to such high school | 21 | | district even though not contiguous to the
high school | 22 | | district. However, upon resolution by the regional board of
| 23 | | school trustees, or regional boards of school trustees in cases | 24 | | of a joint
hearing the secretary or secretaries thereof shall | 25 | | conduct the hearing or
joint hearing upon any boundary petition | 26 | | and present a transcript of such
hearing to the trustees who |
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| 1 | | shall base their decision upon the transcript,
maps and | 2 | | information and any presentation of counsel.
| 3 | | (j) At the hearing or joint hearing any resident of the | 4 | | territory described
in the petition or any resident in any | 5 | | district affected by the proposed change
of boundaries may | 6 | | appear in person or by an attorney in support of the
petition | 7 | | or to object to the granting of the petition and may present
| 8 | | evidence in support of his position.
| 9 | | (k) At the conclusion of the hearing, other than a joint | 10 | | hearing,
the regional superintendent of schools as ex officio | 11 | | member of the regional
board of school trustees shall within 30 | 12 | | days enter an order either
granting or denying the petition and | 13 | | shall deliver to the committee of
petitioners, if any, and any | 14 | | person who has filed his appearance in
writing at the hearing | 15 | | and any attorney who appears for any person and
any objector | 16 | | who testifies at the hearing and the regional superintendent
of | 17 | | schools a certified copy of its order.
| 18 | | (l) Notwithstanding the foregoing provisions of this | 19 | | Section, if
within 9 months after a petition is submitted under | 20 | | the provisions of
Section 7-1 the petition is not approved or | 21 | | denied by the regional board of
school trustees and the order | 22 | | approving or denying that petition entered and
a copy thereof | 23 | | served as provided in this Section, the school boards or
| 24 | | registered voters of the districts affected that submitted the | 25 | | petition (or
the committee of 10, or an attorney acting on its | 26 | | behalf, if designated
in the petition) may submit a copy of the |
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| 1 | | petition directly to the State
Superintendent of Education for | 2 | | approval or denial. The copy of the petition
as so submitted | 3 | | shall be accompanied by a record of all proceedings had with
| 4 | | respect to the petition up to the time the copy of the petition | 5 | | is submitted to
the State Superintendent of Education | 6 | | (including a copy of any notice given or
published, any | 7 | | certificate or other proof of publication, copies of any maps | 8 | | or
written report of the financial and educational conditions | 9 | | of the school
districts affected if furnished by the secretary | 10 | | of the regional board of
school trustees, copies of any | 11 | | amendments to the petition and stipulations
made, accepted or | 12 | | refused, a transcript of any hearing or part of a hearing
held, | 13 | | continued or adjourned on the petition, and any orders entered | 14 | | with
respect to the petition or any hearing held thereon). The | 15 | | school boards,
registered voters or committee of 10 submitting | 16 | | the petition and record of
proceedings to the State | 17 | | Superintendent of Education shall give written notice
by | 18 | | certified mail, return receipt requested to the regional board | 19 | | of school
trustees and to the secretary of that board that the | 20 | | petition has been
submitted to the State Superintendent of | 21 | | Education for approval or denial, and
shall furnish a copy of | 22 | | the notice so given to the State Superintendent of
Education. | 23 | | The cost of assembling the record of proceedings for submission | 24 | | to
the State Superintendent of Education shall be the | 25 | | responsibility of the school
boards, registered voters or | 26 | | committee of 10 that submits the petition and
record of |
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| 1 | | proceedings to the State Superintendent of Education. When a
| 2 | | petition is submitted to the State Superintendent of Education | 3 | | in 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 | 20 | | required under
the provisions of Section 7-2, each regional | 21 | | board of school trustees shall
meet together and render a | 22 | | decision with regard to the joint hearing on the
petition. If | 23 | | the regional boards of school trustees fail to enter a joint
| 24 | | order either granting or denying the petition, the regional | 25 | | superintendent
of schools for the educational service region in | 26 | | which the joint hearing is
held shall enter an order denying |
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| 1 | | the petition, and within 30 days after the
conclusion of the | 2 | | joint hearing shall deliver a copy of the order denying the
| 3 | | petition to the regional boards of school trustees of each | 4 | | region affected,
to the committee of petitioners, if any, to | 5 | | any person who has filed his
appearance in writing at the | 6 | | hearing and to any attorney who appears for
any person at the | 7 | | joint hearing. If the regional boards of school trustees
enter | 8 | | a joint order either granting or denying the petition, the | 9 | | regional
superintendent of schools for the educational service | 10 | | region in which the
joint hearing is held shall, within 30 days | 11 | | of the conclusion of the
hearing, deliver a copy of the joint | 12 | | order to those same committees and
persons as are entitled to | 13 | | receive copies of the regional superintendent's
order in cases | 14 | | where the regional boards of school trustees have failed to
| 15 | | enter a joint order.
| 16 | | (n) Within 10 days after service of a copy of the order | 17 | | granting or
denying the petition, any person so served may | 18 | | petition for a rehearing
and, upon sufficient cause being | 19 | | shown, a rehearing may be granted. The
filing of a petition for | 20 | | rehearing shall operate as a stay of enforcement
until the | 21 | | regional board of school trustees, or regional boards of school
| 22 | | trustees in cases of a joint hearing, or State Superintendent | 23 | | of Education
in cases determined under subsection (l) of this | 24 | | Section enter the final
order on such petition for rehearing.
| 25 | | (o) If a petition filed under subsection (a) of Section 7-1 | 26 | | or under
Section 7-2 is required under the provisions of |
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| 1 | | subsection (b-5) of this
Section 7-6 to request submission of a | 2 | | proposition at a regular scheduled
election for the purpose of | 3 | | voting for or against the annexation of the
territory described | 4 | | in the petition to the
school district proposing to annex that | 5 | | territory, and if the petition is
granted or approved by the | 6 | | regional board or regional boards of school trustees
or by the | 7 | | State Superintendent of Education, the proposition shall be | 8 | | placed on
the ballot at the next regular scheduled election.
| 9 | | (Source: P.A. 94-1019, eff. 7-10-06.)
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