SB2990sam002 99TH GENERAL ASSEMBLY

Sen. Melinda Bush

Filed: 4/8/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2990

2    AMENDMENT NO. ______. Amend Senate Bill 2990 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1July 1, 1962, in such units shall be abolished on that date and
2all books and records of such former township trustees shall be
3forthwith thereafter transferred to the county board of school
4trustees. County school units of 2,000,000 or more inhabitants
5shall be known as Class II county school units and shall retain
6the office of township trustees unless otherwise provided in
7subsection (b) or (c).
8    (b) Notwithstanding subsections (a) and (c), the school
9board of any elementary school district having a fall, 1989
10aggregate enrollment of at least 2,500 but less than 6,500
11pupils and having boundaries that are coterminous with the
12boundaries of a high school district, and the school board of
13any high school district having a fall, 1989 aggregate
14enrollment of at least 2,500 but less than 6,500 pupils and
15having boundaries that are coterminous with the boundaries of
16an elementary school district, may, whenever the territory of
17such school district forms a part of a Class II county school
18unit, by proper resolution withdraw such school district from
19the jurisdiction and authority of the trustees of schools of
20the township in which such school district is located and from
21the jurisdiction and authority of the township treasurer in
22such Class II county school unit; provided that the school
23board of any such school district shall, upon the adoption and
24passage of such resolution, thereupon elect or appoint its own
25school treasurer as provided in Section 8-1. Upon the adoption
26and passage of such resolution and the election or appointment

 

 

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1by the school board of its own school treasurer: (1) the
2trustees of schools in such township shall no longer have or
3exercise any powers and duties with respect to the school
4district governed by such school board or with respect to the
5school business, operations or assets of such school district;
6and (2) all books and records of the township trustees relating
7to the school business and affairs of such school district
8shall be transferred and delivered to the school board of such
9school district. Upon the effective date of this amendatory Act
10of 1993, the legal title to, and all right, title and interest
11formerly held by the township trustees in any school buildings
12and school sites used and occupied by the school board of such
13school district for school purposes, that legal title, right,
14title and interest thereafter having been transferred to and
15vested in the regional board of school trustees under P.A.
1687-473 until the abolition of that regional board of school
17trustees by P.A. 87-969, shall be deemed transferred by
18operation of law to and shall vest in the school board of that
19school district.
20    Notwithstanding subsections (a) and (c), the school boards
21of Oak Park & River Forest District 200, Oak Park Elementary
22School District 97, and River Forest School District 90 may, by
23proper resolution, withdraw from the jurisdiction and
24authority of the trustees of schools of Proviso and Cicero
25Townships and the township treasurer, provided that the school
26board shall, upon the adoption and passage of the resolution,

 

 

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

 

 

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1resolution, elect or appoint its own school treasurer as
2provided in Section 8-1 of this Code. Upon the adoption and
3passage of the resolution and the election or appointment by
4the school board of its own school treasurer: (1) the trustees
5of schools in the township shall no longer have or exercise any
6powers or duties with respect to the school district or with
7respect to the school business, operations, or assets of the
8school district; (2) all books and records of the trustees of
9schools and all moneys, securities, loanable funds, and other
10assets relating to the school business and affairs of the
11school district shall be transferred and delivered to the
12school board; and (3) all legal title to and all right, title,
13and interest formerly held by the trustees of schools in any
14common school lands, school buildings, or school sites used and
15occupied by the school board and all rights of property and
16causes of action pertaining to or constituting a part of the
17common school lands, buildings, or sites shall be deemed
18transferred by operation of law to and shall vest in the school
19board.
20    (c) Notwithstanding the provisions of subsection (a), the
21offices of township treasurer and trustee of schools of any
22township located in a Class II county school unit shall be
23abolished as provided in this subsection if all of the
24following conditions are met:
25        (1) During the same 30 day period, each school board of
26    each elementary and unit school district that is subject to

 

 

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1    the jurisdiction and authority of the township treasurer
2    and trustees of schools of the township in which those
3    offices are sought to be abolished gives written notice by
4    certified mail, return receipt requested to the township
5    treasurer and trustees of schools of that township of the
6    date of a meeting of the school board, to be held not more
7    than 90 nor less than 60 days after the date when the
8    notice is given, at which meeting the school board is to
9    consider and vote upon the question of whether there shall
10    be submitted to the electors of the school district a
11    proposition to abolish the offices of township treasurer
12    and trustee of schools of that township. None of the
13    notices given under this paragraph to the township
14    treasurer and trustees of schools of a township shall be
15    deemed sufficient or in compliance with the requirements of
16    this paragraph unless all of those notices are given within
17    the same 30 day period.
18        (2) Each school board of each elementary and unit
19    school district that is subject to the jurisdiction and
20    authority of the township treasurer and trustees of schools
21    of the township in which those offices are sought to be
22    abolished, by the affirmative vote of at least 5 members of
23    the school board at a school board meeting of which notice
24    is given as required by paragraph (1) of this subsection,
25    adopts a resolution requiring the secretary of the school
26    board to certify to the proper election authorities for

 

 

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1    submission to the electors of the school district at the
2    next consolidated election in accordance with the general
3    election law a proposition to abolish the offices of
4    township treasurer and trustee of schools of that township.
5    None of the resolutions adopted under this paragraph by any
6    elementary or unit school districts that are subject to the
7    jurisdiction and authority of the township treasurer and
8    trustees of schools of the township in which those offices
9    are sought to be abolished shall be deemed in compliance
10    with the requirements of this paragraph or sufficient to
11    authorize submission of the proposition to abolish those
12    offices to a referendum of the electors in any such school
13    district unless all of the school boards of all of the
14    elementary and unit school districts that are subject to
15    the jurisdiction and authority of the township treasurer
16    and trustees of schools of that township adopt such a
17    resolution in accordance with the provisions of this
18    paragraph.
19        (3) The school boards of all of the elementary and unit
20    school districts that are subject to the jurisdiction and
21    authority of the township treasurer and trustees of schools
22    of the township in which those offices are sought to be
23    abolished submit a proposition to abolish the offices of
24    township treasurer and trustee of schools of that township
25    to the electors of their respective school districts at the
26    same consolidated election in accordance with the general

 

 

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1    election law, the ballot in each such district to be in
2    substantially the following form:
3    -------------------------------------------------------------
4
OFFICIAL BALLOT
5            Shall the offices of township
6            treasurer and                       YES
7            trustee of                      -------------
8            schools of Township .....           NO
9            Range ..... be abolished?
10    -------------------------------------------------------------
11        (4) At the consolidated election at which the
12    proposition to abolish the offices of township treasurer
13    and trustee of schools of a township is submitted to the
14    electors of each elementary and unit school district that
15    is subject to the jurisdiction and authority of the
16    township treasurer and trustee of schools of that township,
17    a majority of the electors voting on the proposition in
18    each such elementary and unit school district votes in
19    favor of the proposition as submitted to them.
20    If in each elementary and unit school district that is
21subject to the jurisdiction and authority of the township
22treasurer and trustees of schools of the township in which
23those offices are sought to be abolished a majority of the
24electors in each such district voting at the consolidated
25election on the proposition to abolish the offices of township
26treasurer and trustee of schools of that township votes in

 

 

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

 

 

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

 

 

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1consolidated election is held, provided that if after the
2election, the trustees of schools by resolution elect to
3abolish the offices of township treasurer and trustee of
4schools effective on July 1 immediately following the election,
5then the offices shall be abolished on July 1 immediately
6following the election. On the date that the offices of
7township treasurer and trustee of schools of a township are
8deemed abolished by operation of law, the school board of each
9elementary and unit school district and the school board of
10each high school district that is subject to the jurisdiction
11and authority of the township treasurer and trustees of schools
12of that township at the time those offices are abolished: (i)
13shall appoint its own school treasurer as provided in Section
148-1; and (ii) unless the term of the contract of a township
15treasurer expires on the date that the office of township
16treasurer is abolished, shall pay to the former township
17treasurer its proportionate share of any aggregate
18compensation that, were the office of township treasurer not
19abolished at that time, would have been payable to the former
20township treasurer after that date over the remainder of the
21term of the contract of the former township treasurer that
22began prior to but ends after that date. In addition, on the
23date that the offices of township treasurer and trustee of
24schools of a township are deemed abolished as provided in this
25subsection, the school board of each elementary school, high
26school and unit school district that until that date is subject

 

 

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

 

 

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1treasurer as provided in this paragraph and each such
2district's proportionate share of the aggregate amount of the
3unfunded liability payable to the Illinois Municipal
4Retirement Fund as provided in this paragraph shall be computed
5in accordance with the ratio that the number of pupils in
6average daily attendance in each such district for the school
7year last ending prior to the date on which the offices of
8township treasurer and trustee of schools of that township are
9abolished bears to the aggregate number of pupils in average
10daily attendance in all of those districts as so reported for
11that school year.
12    Upon abolition of the offices of township treasurer and
13trustee of schools of a township as provided in this
14subsection: (i) the regional board of school trustees, in its
15corporate capacity, shall be deemed the successor in interest
16to the former trustees of schools of that township with respect
17to the common school lands and township loanable funds of the
18township; (ii) all right, title and interest existing or vested
19in the former trustees of schools of that township in the
20common school lands and township loanable funds of the
21township, and all records, moneys, securities and other assets,
22rights of property and causes of action pertaining to or
23constituting a part of those common school lands or township
24loanable funds, shall be transferred to and deemed vested by
25operation of law in the regional board of school trustees,
26which shall hold legal title to, manage and operate all common

 

 

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1school lands and township loanable funds of the township,
2receive the rents, issues and profits therefrom, and have and
3exercise with respect thereto the same powers and duties as are
4provided by this Code to be exercised by regional boards of
5school trustees when acting as township land commissioners in
6counties having at least 220,000 but fewer than 2,000,000
7inhabitants; (iii) the regional board of school trustees shall
8select to serve as its treasurer with respect to the common
9school lands and township loanable funds of the township a
10person from time to time also serving as the appointed school
11treasurer of any school district that was subject to the
12jurisdiction and authority of the township treasurer and
13trustees of schools of that township at the time those offices
14were abolished, and the person selected to also serve as
15treasurer of the regional board of school trustees shall have
16his compensation for services in that capacity fixed by the
17regional board of school trustees, to be paid from the township
18loanable funds, and shall make to the regional board of school
19trustees the reports required to be made by treasurers of
20township land commissioners, give bond as required by
21treasurers of township land commissioners, and perform the
22duties and exercise the powers of treasurers of township land
23commissioners; (iv) the regional board of school trustees shall
24designate in the manner provided by Section 8-7, insofar as
25applicable, a depositary for its treasurer, and the proceeds of
26all rents, issues and profits from the common school lands and

 

 

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1township loanable funds of that township shall be deposited and
2held in the account maintained for those purposes with that
3depositary and shall be expended and distributed therefrom as
4provided in Section 15-24 and other applicable provisions of
5this Code; and (v) whenever there is vested in the trustees of
6schools of a township at the time that office is abolished
7under this subsection the legal title to any school buildings
8or school sites used or occupied for school purposes by any
9elementary school, high school or unit school district subject
10to the jurisdiction and authority of those trustees of school
11at the time that office is abolished, the legal title to those
12school buildings and school sites shall be deemed transferred
13by operation of law to and invested in the school board of that
14school district, in its corporate capacity under Section
1510-22.35B of this Code 7-28, the same to be held, sold,
16exchanged leased or otherwise transferred in accordance with
17applicable provisions of this Code.
18    Notwithstanding Section 2-3.25g of this Code, a waiver of a
19mandate established under this Section may not be requested.
20(Source: P.A. 94-1078, eff. 1-9-07; 94-1105, eff. 6-1-07; 95-4,
21eff. 5-31-07; 95-876, eff. 8-21-08.)
 
22    (105 ILCS 5/7-01a new)
23    Sec. 7-01a. Purpose and applicability. The purpose of this
24Article is to permit greater flexibility and efficiency in the
25detachment and dissolution of school districts for the

 

 

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1improvement of the administration and quality of educational
2services and for the best interests of pupils. This Article
3applies only to school districts with under 500,000
4inhabitants, but includes special charter districts and
5non-high school districts.
 
6    (105 ILCS 5/7-01b new)
7    Sec. 7-01b. Definition. In this Article, "legal resident
8voter" means a person who is registered to vote at the time a
9circulated petition is filed and when the regional board of
10school trustees renders a decision, at the address shown
11opposite his or her signature on the petition, and resides in
12the detaching territory or dissolving school district.
 
13    (105 ILCS 5/7-04)  (from Ch. 122, par. 7-04)
14    Sec. 7-04. Districts in educational service regions of
152,000,000 or more inhabitants.
16    (a) In all proceedings under this Article to change by
17detachment, annexation, division, dissolution, or any
18combination of those methods the boundaries of any school
19district (other than a school district organized under Article
2034) located in an educational service region of 2,000,000 or
21more inhabitants in which the regional board of school trustees
22is abolished as provided in subsection (a) of Section 6-2, the
23trustees of schools of the township that has jurisdiction and
24authority over the detaching or dissolving in which that school

 

 

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1district is located, as the successor under subsection (b) of
2Section 6-2 to the former regional board of school trustees
3with respect to all territory located in that school township,
4shall have, exercise, and perform all powers, duties, and
5responsibilities required under this Article to be exercised
6and performed in those proceedings by a regional board of
7school trustees; provided that if any detaching or dissolving
8school district involved in affected by those proceedings is
9not under the jurisdiction and authority of the trustees of
10schools of a township located in a school township referred to
11in subsection (b) of Section 5-1 and there are no trustees of
12schools acting in that township then the school board of any
13such district, as the successor under subsection (b) of Section
146-2 to the former regional board of school trustees with
15respect to the territory comprising that school district, a
16hearing panel as established in this Section shall have,
17exercise, and perform all powers, duties, and responsibilities
18required under this Article to be exercised and performed in
19those proceedings with respect to the detaching or dissolving
20the territory of that school district by a regional board of
21school trustees. ; and provided further that: (i) when any
22school district affected by those proceedings is located not
23only in an educational service region of 2,000,000 or more
24inhabitants but also in 2 or more school townships in that
25region that each have trustees of schools of the township, then
26the boundaries of that school district may be changed under

 

 

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1this Article by detachment, annexation, division, dissolution,
2or any combination of those methods only by the concurrent
3action of, taken following a joint hearing before the trustees
4of schools of those townships (in that educational service
5region) in which that school district is located; and (ii) if
6any part of the school district referred to in item (i) of this
7subsection also lies within an educational service region that
8has a regional board of school trustees, the boundaries of that
9district may be changed under this Article only by the
10concurrent action of, taken following a joint hearing before
11the trustees of schools of the townships referred to in item
12(i) of this subsection and the regional board of school
13trustees of the educational service region referred to in this
14item (ii) of this subsection. Whenever concurrent action and
15joint hearings are required under this subsection, the original
16petition shall be filed with the trustees of schools of the
17township in which the territory or greatest portion of the
18territory being detached is located, or if the territory is
19being detached from more than one educational service region
20then with the regional board of school trustees of the region
21or the trustees of schools of the township in which the
22territory or greatest portion of the territory being detached
23is located.
24    (a-5) As applicable, the hearing panel shall be made up of
253 persons who have a demonstrated interest and background in
26education. Each hearing panel member must reside within an

 

 

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1educational service region of 2,000,000 or more inhabitants but
2not within the boundaries of a school district organized under
3Article 34 of this Code and may not be a current school board
4member of the detaching or dissolving or annexing school
5district or a current employee of the detaching or dissolving
6or annexing school district or hold any county office. None of
7the hearing panel members may reside within the same school
8district. All 3 persons must be selected by the chief
9administrative officer of the educational service center in
10which the chief administrative officer has supervision and
11control, as defined in Section 3-14.2 of this Code, of the
12detaching or dissolving school district. The members of a
13hearing panel as established in this Section shall serve
14without remuneration; however, the necessary expenses,
15including travel, attendant upon any meeting or hearing in
16relation to a proceeding under this Article must be paid.
17    (a-10) The petition must be filed with the trustees of
18schools of the township with jurisdiction and authority over
19the detaching or dissolving school district or with the chief
20administrative officer of the educational service center in
21which the chief administrative officer has supervision and
22control, as defined in Section 3-14.2 of this Code, of the
23detaching or dissolving school district, as applicable. The
24chief administrative officer of the educational service center
25or a person designated by the trustees of schools of the
26township, as applicable, shall have, exercise, and perform all

 

 

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1powers, duties, and responsibilities required under this
2Article that are otherwise assigned to regional
3superintendents of schools.
4    (b) Except as otherwise provided in this Section, all other
5provisions of this Article shall apply to any proceedings under
6this Article to change the boundaries of any school district
7located in an educational service region having 2,000,000 or
8more inhabitants in the same manner that those provisions apply
9to any proceedings to change the boundaries of any school
10district located in any other educational service region;
11provided, that any reference in those other provisions to the
12regional board of school trustees shall mean, with respect to
13all territory within an educational service region containing
142,000,000 or more inhabitants that formerly was served by a
15regional board of school trustees abolished under subsection
16(a) of Section 6-2, the trustees of schools of the township or
17the school board of the school district that is the successor
18under subsection (b) of Section 6-2 to the former regional
19board of school trustees with respect to the territory included
20within that school township or school district or the hearing
21panel as established by this Section.
22(Source: P.A. 87-969.)
 
23    (105 ILCS 5/7-1)  (from Ch. 122, par. 7-1)
24    Sec. 7-1. Changing Districts in one educational service
25region - changing boundaries by detachment or dissolution.

 

 

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1    (a) School district boundaries lying entirely within any
2educational service region may be changed by detachment,
3annexation, division or dissolution or any combination thereof
4by the regional board of school trustees of such region, or by
5the State Superintendent of Education as provided in subsection
6(l) of Section 7-6, when petitioned by the boards of each
7district affected or by a majority of the registered voters in
8each district affected or by two-thirds of the registered
9voters in any territory proposed to be detached from one or
10more districts or in each of one or more districts proposed to
11be annexed to another district.
12    The petition must be filed with and decided solely by the
13regional board of school trustees of the region in which the
14regional superintendent of schools has supervision and
15control, as defined in Section 3-14.2 of this Code, of the
16detaching or dissolving school district. The petition may be
17filed in any office operated by the regional superintendent
18with supervision and control, as defined in Section 3-14.2 of
19this Code, of the detaching or dissolving school district.
20    A petition for boundary change must be filed by the school
21board of the detaching or dissolving district, by a majority of
22the legal resident voters in the dissolving district, or by
23two-thirds of a combination of the legal resident voters and
24the owners of record of any real estate with no legal resident
25voters in any territory proposed to be detached. If any of the
26territory proposed to be detached contains real estate with no

 

 

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

 

 

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1requirements, the regional superintendent may not accept the
2petition for filing and may return the petition to the
3petitioners. Any party who is dissatisfied with the
4determination of the regional superintendent regarding the
5validity of the petition may appeal the regional
6superintendent's decision to the regional board of school
7trustees by motion, and the motion must be heard by the
8regional board of school trustees prior to any hearing on the
9merits of the petition. If there are no registered voters
10within the territory proposed to be detached from one or more
11districts, then the petition may be signed by all of the owners
12of record of the real estate of the territory. Notwithstanding
13any other provisions of this Article, if pursuant to a petition
14filed under this subsection all of the territory of a school
15district is to be annexed to another school district, any
16action by the regional board of school trustees or State
17Superintendent of Education in granting or approving the
18petition and any change in school district boundaries pursuant
19to that action is subject to and the change in school district
20boundaries shall not be made except upon approval at a regular
21scheduled election, in the manner provided by Section 7-7.7, of
22a proposition for the annexation of all of the territory of
23that school district to the other school district.
24    Petitions for detachment and dissolution Each page of the
25circulated petition shall include the full prayer of the
26petition with a general description of the territory at the top

 

 

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1of each page. Each , and each signature contained therein shall
2match the official signature and address of the legal resident
3registered voters as recorded in the office of the county clerk
4or board of election commissioners, and each election authority
5having jurisdiction over the county. Each petitioner shall also
6record the date of his or her signing. Except in instances of a
7notarized signature of an owner of record of real estate with
8no legal resident voters in any territory proposed to be
9detached, each Each page of the circulated petition shall be
10signed by a circulator stating that he or she has who has
11witnessed the signature of each petitioner on that page.
12Detachment petitions containing 10 or fewer signatures may be
13notarized in lieu of a circulator statement. Each petition
14shall include an accurate legal description and map of the
15territory proposed to be detached. If a petition proposes to
16dissolve an entire district, then the full name and number of
17the district and a map are sufficient. Each petition shall
18include the names of petitioners; the district to be dissolved
19or the district from which the territory is proposed to be
20detached; the district or districts to which the territory is
21proposed to be annexed; evidence that the detaching or
22dissolving territory is compact and contiguous with the
23annexing district or districts or otherwise meets the
24requirements set forth in Section 7-4 of this Code; the
25referendum date, if applicable; and facts that support
26favorable findings for the factors to be considered by the

 

 

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1regional board of school trustees pursuant to Section 7-6 of
2this Code. The length of time for signatures to be valid,
3before filing of the petition, shall not exceed 6 months.
4    Where there is only one school building in an approved
5operating district, the building and building site may not be
6included in any detachment proceeding unless petitioned by
7two-thirds of the registered voters within the entire district
8wherein the school is located.
9    Notwithstanding any other provisions of this Code, if,
10pursuant to a petition filed under this subsection (a), all of
11the territory of a school district is to be annexed to another
12school district, then any action by the regional board of
13school trustees in granting or approving the petition and any
14change in school district boundaries pursuant to that action is
15subject to and the change in school district boundaries may not
16be made except upon approval, at a regular scheduled election,
17in the manner provided by Section 7-7.7 of this Code, of a
18proposition for the annexation of all of the territory of that
19school district to the other school district.
20    No petition may be filed under this Section to form a new
21school district under this Article; however, such a petition
22may be filed under this Section to form a new school district
23if the boundaries of such new school district lie entirely
24within the boundaries of a military base or installation
25operated and maintained by the government of the United States.
26    (b) Any elementary or high school district with 100 or more

 

 

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1of its students residing upon territory located entirely within
2a military base or installation operated and maintained by the
3government of the United States, or any unit school district or
4any combination of the above mentioned districts with 300 or
5more of its students residing upon territory located entirely
6within a military base or installation operated and maintained
7by the government of the United States, shall, upon the filing
8with the regional board of school trustees of a petition
9adopted by resolution of the board of education or a petition
10signed by a majority of the registered voters residing upon
11such military base or installation, have all of the territory
12lying entirely within such military base or installation
13detached from such school district, and a new school district
14comprised of such territory shall be created. The petition
15shall be filed with and decided solely by the regional board of
16school trustees of the region in which the regional
17superintendent of schools has supervision and control, as
18defined by Section 3-14.2 of this Code, of the school district
19affected. The regional board of school trustees shall have no
20authority to deny the detachment and creation of a new school
21district requested in a proper petition filed under this
22subsection. This subsection shall apply only to those school
23districts having a population of not fewer than 1,000 and not
24more than 500,000 residents, as ascertained by any special or
25general census.
26    The new school district shall tuition its students to the

 

 

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1same districts that its students were previously attending and
2the districts from which the new district was detached shall
3continue to educate the students from the new district, until
4the federal government provides other arrangements. The
5federal government shall pay for the education of such children
6as required by Section 6 of Public Law 81-874.
7    If a school district created under this subsection (b) has
8not elected a school board and has not become operational
9within 2 years after the date of detachment, then this district
10is automatically dissolved and the territory of this district
11reverts to the school district from which the territory was
12detached or any successor district thereto. Any school district
13created under this subsection (b) on or before September 1,
141996 that has not elected a school board and has not been
15operational since September 1, 1996 is automatically dissolved
16on the effective date of this amendatory Act of 1999, and on
17this date the territory of this district reverts to the school
18district from which the territory was detached. For the
19automatic dissolution of a school district created under this
20subsection (b), the regional superintendent of schools who has
21supervision and control, as defined by Section 3-14.2 of this
22Code, of the school district from which the territory was
23detached shall certify to the regional board of school trustees
24that the school district created under this subsection (b) has
25been automatically dissolved.
26(Source: P.A. 90-459, eff. 8-17-97; 91-460, eff. 8-6-99.)
 

 

 

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1    (105 ILCS 5/7-2a)  (from Ch. 122, par. 7-2a)
2    Sec. 7-2a. (a) (Blank). Except as provided in subsection
3(b) of this Section, any petition for dissolution filed under
4this Article must specify the school district or districts to
5which all of the territory of the district proposed to be
6dissolved will be annexed. Any petition for dissolution may be
7made by the board of education of the district or a majority of
8the legal voters residing in the district proposed to be
9dissolved. No petition from any other district affected by the
10proposed dissolution shall be required.
11    (b) Any school district with a population of less than
125,000 residents or an enrollment of less than 750 students, as
13determined by the district's current fall housing report filed
14with the State Board of Education, shall be dissolved and its
15territory annexed as provided in Section 7-11 by the regional
16board of school trustees upon the filing with the regional
17board of school trustees of a petition adopted by resolution of
18the board of education or a petition signed by a majority of
19the legal resident registered voters of the district seeking
20such dissolution. No petition shall be adopted or signed under
21this subsection until the board of education or the
22petitioners, as the case may be, shall have given at least 10
23days' notice to be published once in a newspaper having general
24circulation in the district and shall have conducted a public
25informational meeting to inform the residents of the district

 

 

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1of the proposed dissolution and to answer questions concerning
2the proposed dissolution. The petition shall be filed with and
3decided solely by the regional board of school trustees of the
4region in which the regional superintendent of schools has
5supervision and control, as defined by Section 3-14.2 of this
6Code, of the school district being dissolved.
7    The regional board of school trustees shall not act on a
8petition filed by a board of education if within 45 days after
9giving the first notice of the hearing required under Section
107-11 a petition in opposition to the petition of the board to
11dissolve, signed by a majority of the legal resident registered
12voters of the district, is filed with the regional board of
13school trustees. In such an event, the dissolution petition is
14dismissed on procedural grounds by operation of law and the
15regional board of school trustees shall have no further
16authority to consider the petition. A dissolution petition
17dismissed as the result of a valid opposition petition is not
18subject to the limitation on successive petitions as provided
19in Section 7-8 of this Code, and a new petition may be filed
20upon receipt of the regional board of school trustees' notice
21stating that the original petition was dismissed by operation
22of law.
23    For all petitions under this Section, the legal resident
24voters must be determined by the official voter registration
25lists as of the date the petition is filed. No signatures may
26be added or withdrawn after the date the petition is filed. The

 

 

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1length of time for signatures to be valid, before filing of the
2petition, may not exceed 6 months. Notwithstanding any
3provision to the contrary contained in the Election Code, the
4regional superintendent of schools shall make all
5determinations regarding the validity of the petition,
6including, without limitation, signatures on the petition. Any
7party who is dissatisfied with the determination of the
8regional superintendent regarding the validity of the petition
9may appeal the regional superintendent's decision to the
10regional board of school trustees by motion, and the motion
11must be heard by the regional board of school trustees prior to
12any hearing on annexing the territory of a district being
13dissolved. If no opposition petition is timely filed, the The
14regional board of school trustees shall have no authority to
15deny dissolution requested in a proper petition for dissolution
16filed under this Section subsection (b), but shall exercise its
17discretion in accordance with Section 7-11 on the issue of
18annexing the territory of a district being dissolved, giving
19consideration to but not being bound by the wishes expressed by
20the residents of the various school districts that may be
21affected by such annexation.
22    When dissolution and annexation become effective for
23purposes of administration and attendance as determined
24pursuant to Section 7-11, the positions of teachers in
25contractual continued service in the district being dissolved
26are transferred to an annexing district or to annexing

 

 

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1districts pursuant to the provisions of Section 24-12 relative
2to teachers having contractual continued service status whose
3positions are transferred from one board to the control of a
4different board, and those said provisions of Section 24-12
5shall apply to said transferred teachers. In the event that the
6territory is added to 2 or more districts, the decision on
7which positions shall be transferred to which annexing
8districts shall be made giving consideration to the
9proportionate percent of pupils transferred and the annexing
10districts' staffing needs, and the transfer of specific
11individuals into such positions shall be based upon the request
12of those teachers in order of seniority in the dissolving
13district. The contractual continued service status of any
14teacher thereby transferred to an annexing district is not lost
15and the different board is subject to this Act with respect to
16such transferred teacher in the same manner as if such teacher
17was that district's employee and had been its employee during
18the time such teacher was actually employed by the board of the
19dissolving district from which the position was transferred.
20(Source: P.A. 98-125, eff. 8-2-13.)
 
21    (105 ILCS 5/7-4)  (from Ch. 122, par. 7-4)
22    Sec. 7-4. Requirements for granting petitions. No petition
23shall be granted under Section 7-1 or 7-2 of this Code:
24    (a) If there will be any non-high school territory
25resulting from the granting of the petition.

 

 

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1    (b) (Blank). Unless after granting the petition any
2community unit district, community consolidated district,
3elementary district or high school district created shall have
4a population of at least 2,000 and an equalized assessed
5valuation of at least $6,000,000 based upon the last value as
6equalized by the Department of Revenue as of the date of filing
7of the petition.
8    (c) Unless the territory within any district so created or
9any district whose boundaries are affected by the granting of a
10petition shall after the granting thereof be compact and
11contiguous, except as provided in Section 7-6 of this Code or
12as otherwise provided in this subdivision (c). The fact that a
13district is divided by territory lying within the corporate
14limits of the city of Chicago shall not render it non-compact
15or non-contiguous. If, pursuant to a petition filed under
16Section 7-1 or 7-2 of this Code, all of the territory of a
17district is to be annexed to another district, then the
18annexing district and the annexed district need not be
19contiguous if the following requirements are met and documented
20within 2 calendar years prior to the petition filing date:
21        (1) the distance between each district administrative
22    office is documented as no more than 30 miles;
23        (2) every district contiguous to the district wishing
24    to be annexed determines that it is not interested in
25    participating in a petition filed under Section 7-1 or 7-2
26    of this Code, through a vote of its school board, and

 

 

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1    documents that non-interest in a letter to the regional
2    board of school trustees containing approved minutes that
3    record the school board vote; and
4        (3) documentation of meeting these requirements are
5    presented as evidence at the hearing required under Section
6    7-6 of this Code.
7    (d) (Blank). To create any school district with a
8population of less than 2,000 unless the State Board of
9Education and the regional superintendent of schools for the
10region in which the proposed district will lie shall certify to
11the regional board or boards of school trustees that the
12creation of such new district will not interfere with the
13ultimate reorganization of the territory of such proposed
14district as a part of a district having a population of 2,000
15or more. Notwithstanding any other provisions of this Article,
16the granting or approval by a regional board or regional boards
17of school trustees or by the State Superintendent of Education
18of a petition that under subsection (b-5) of Section 7-6 is
19required to request the submission of a proposition at a
20regular scheduled election for the purpose of voting for or
21against the annexation of the territory described in the
22petition to the school district proposing to annex that
23territory is subject to, and any change in school district
24boundaries pursuant to the granting of the petition shall not
25be made except upon, approval of the proposition at the
26election in the manner provided by Section 7-7.7.

 

 

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1(Source: P.A. 98-125, eff. 8-2-13.)
 
2    (105 ILCS 5/7-4.1)  (from Ch. 122, par. 7-4.1)
3    Sec. 7-4.1. Copies of petition. Each petition submitted
4under the provisions of Section 7-1 or 7-2 shall include proof
5of notice to owners of record of real estate with no legal
6resident voters in any territory proposed to be detached, if
7applicable, and be accompanied by sufficient copies thereof for
8distribution to the president of the school board of each
9detaching or dissolving and annexing school district involved.
10The copies need not contain original signatures be signed by
11the petitioners as is required of the original petition.
12(Source: Laws 1963, p. 3037.)
 
13    (105 ILCS 5/7-5)  (from Ch. 122, par. 7-5)
14    Sec. 7-5. Detachment set aside upon petition. If there is a
15recognized school district which as a result of detachment is
16without a school building, the detachment may be set aside by
17the regional county board of school trustees of the region in
18county over which the regional county superintendent of schools
19had supervision and control, as defined in Section 3-14.2 of
20this Code, prior to the detachment upon petition by two-thirds
21of the eligible voters in the school district after such
22detachment and the detached area. The regional county board of
23school trustees shall conduct a hearing upon the petition as
24prescribed and in the manner provided in Section 7-6.

 

 

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1(Source: Laws 1961, p. 31.)
 
2    (105 ILCS 5/7-6)  (from Ch. 122, par. 7-6)
3    Sec. 7-6. Petition filing; notice; hearing; decision.
4    (a) The secretary of the regional board of school trustees
5or his or her designee, the chief administrative officer of an
6educational service center under Section 7-04 of this Code or
7his or her designee, or the person designated by the trustees
8of schools of the township in accordance with subsection (a-10)
9of Section 7-04 of this Code, as appropriate, shall receive the
10filing of the petition, make the determination of validity in
11accordance with subsection (a) of Section 7-1 of this Section,
12publish the notice, conduct the hearing, and issue the final
13order. Upon the filing of a petition with the secretary of the
14regional board of school trustees under the provisions of
15Section 7-1 or 7-2 of this Code, Act the secretary shall cause
16a copy of such petition to be given to the president of the
17school each board of each detaching or dissolving and annexing
18school any district involved in the proposed boundary change
19and shall cause a notice thereof to be published once in a
20newspaper having general circulation within the area of the
21detaching or dissolving and annexing territory described in the
22petition for the proposed change of boundaries.
23    (b) (Blank). When a joint hearing is required under the
24provisions of Section 7-2, the secretary also shall cause a
25copy of the notice to be sent to the regional board of school

 

 

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1trustees of each region affected. Notwithstanding the
2foregoing provisions of this Section, if the secretary of the
3regional board of school trustees with whom a petition is filed
4under Section 7-2 fails, within 30 days after the filing of
5such petition, to cause notice thereof to be published and sent
6as required by this Section, then the secretary of the regional
7board of school trustees of any other region affected may cause
8the required notice to be published and sent, and the joint
9hearing may be held in any region affected as provided in the
10notice so published.
11    (b-5) If a petition filed under subsection (a) of Section
127-1 or under Section 7-2 proposes to annex all the territory of
13a school district to another school district, the petition
14shall request the submission of a proposition at a regular
15scheduled election for the purpose of voting for or against the
16annexation of the territory described in the petition to the
17school district proposing to annex that territory. No petition
18filed or election held under this Article shall be null and
19void, invalidated, or deemed in noncompliance with the Election
20Code because of a failure to publish a notice with respect to
21the petition or referendum as required under subsection (g) of
22Section 28-2 of that Code for petitions that are not filed
23under this Article or Article 11E of this Code.
24    (c) When a petition contains more than 10 signatures the
25petition shall designate a committee of 10 of the petitioners
26as attorney in fact for all petitioners, any 7 of whom may make

 

 

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

 

 

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

 

 

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

 

 

09900SB2990sam002- 40 -LRB099 16913 NHT 47079 a

1sent by the secretary of the regional board of school trustees
2to each board of the districts involved, not less than 5 days
3prior to the day upon which the hearing or joint hearing is to
4be held.
5    (h-5) Except for motions and briefs challenging the
6validity of a petition or otherwise challenging the
7jurisdiction of the regional board of school trustees to
8conduct a hearing on a petition and except for motions and
9briefs related to the type of evidence the regional board of
10school trustees may consider under subsection (i) of this
11Section, no other motions, pleadings, briefs, discovery
12requests, or other like documents may be filed with the
13regional board of school trustees or served on other parties,
14and the regional board of school trustees shall have no
15authority to consider such documents, except that if a legal
16issue arises during a hearing, then the regional board of
17school trustees may, at its discretion, request briefs to be
18submitted to it on that issue.
19    (i) The regional board of school trustees shall hear
20evidence as to the school needs and conditions of the territory
21in the area within and adjacent thereto and the effect
22detachment will have on those needs and conditions and as to
23the ability of the districts affected to meet the standards of
24recognition as prescribed by the State Board of Education,
25shall take into consideration the division of funds and assets
26that will result from the change of boundaries, and shall

 

 

09900SB2990sam002- 41 -LRB099 16913 NHT 47079 a

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

 

 

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1granted, and in case non-high school territory is contained in
2the petition the normal high school attendance pattern of the
3children shall be taken into consideration. If the non-high
4school territory overlies an elementary district, a part of
5which is in a high school district, such territory may be
6annexed to such high school district even though not contiguous
7to the high school district. However, upon resolution by the
8regional board of school trustees, or regional boards of school
9trustees in cases of a joint hearing the secretary or
10secretaries thereof shall conduct the hearing or joint hearing
11upon any boundary petition and present a transcript of such
12hearing to the trustees who shall base their decision upon the
13transcript, maps and information and any presentation of
14counsel. In the instance of a change of boundaries through
15detachment:
16        (1) When considering the effect the detachment will
17    have on the direct educational welfare of the pupils, the
18    regional board of school trustees or the regional boards of
19    school trustees shall consider a comparison of the school
20    report cards for the schools of the affected districts and
21    the school district report cards for the affected districts
22    only if there is no more than a 3% difference in the
23    minority, low-income, and English learner student
24    populations of the relevant schools of the districts.
25        (2) The community of interest of the petitioners and
26    their children and the effect detachment will have on the

 

 

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1    whole child may be considered only if the regional board of
2    school trustees or the regional boards of school trustees
3    first determines determine that there would be a
4    significant direct educational benefit to the petitioners'
5    children if the change in boundaries were allowed.
6        (3) When petitioners cite an annexing district
7    attendance center or centers in the petition or during
8    testimony, the regional board of school trustees or the
9    regional boards of school trustees may consider the
10    difference in the distances from the detaching area to the
11    current attendance centers and the cited annexing district
12    attendance centers only if the difference is no less than
13    10 miles shorter to one of the cited annexing district
14    attendance centers than it is to the corresponding current
15    attendance center.
16        (4) The regional board of school trustees or the
17    regional boards of school trustees may not grant a petition
18    if doing so will increase the percentage of minority or
19    low-income students or English learners by more than 3% at
20    the attendance center where students in the detaching
21    territory currently attend, provided that if the
22    percentage of any one of those groups also decreases at
23    that attendance center, the regional board or boards may
24    grant the petition upon consideration of other factors
25    under this Section and this Article.
26        (5) The regional board of school trustees or the

 

 

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1    regional boards of school trustees may not consider whether
2    changing the boundaries will increase the property values
3    of the petitioners' property.
4    The factors in subdivisions (1) through (5) of this
5subsection (i) are applicable whether or not there are children
6residing in the petitioning area at the time the hearing is
7conducted.
8    If the regional board of school trustees or the regional
9boards of school trustees grants a petition to change school
10district boundaries, then the annexing school district shall
11determine the attendance center or centers that children from
12the petitioning area shall attend.
13    (j) At the hearing, or joint hearing any resident of the
14territory described in the petition or any resident in any
15detaching, dissolving, or annexing school district or any
16representative of a detaching, dissolving, or annexing school
17district affected by the proposed change of boundaries may
18appear in person or by an attorney in support of the petition
19or to object to the granting of the petition and may present
20evidence in support of his or her position through either oral
21or written testimony.
22    (k) At the conclusion of the hearing, the regional
23superintendent of schools as secretary to the regional board of
24school trustees shall, within 30 days, enter an order either
25granting or denying the petition. The regional superintendent
26of schools shall deliver a certified copy of the order by

 

 

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1certified mail, return receipt requested, to the petitioners or
2committee of petitioners, as applicable; the school board of
3each detaching or dissolving and annexing district; any person
4providing testimony in support of or opposition to the petition
5at the hearing; and any attorney who appears for a person. The
6regional superintendent of schools shall also deliver a copy of
7the order to the regional superintendent of schools who has
8supervision and control, as defined in Section 3-14.2 of this
9Code, of the annexing district if different from the regional
10superintendent of schools with whom the petition was filed. The
11regional superintendent of schools is not required to send a
12copy of the regional board of school trustees' order to those
13attending the hearing but not participating. The final order
14shall be in writing and include findings of fact, conclusions
15of law, and the decision to grant or deny the petition. At the
16conclusion of the hearing, other than a joint hearing, the
17regional superintendent of schools as ex officio member of the
18regional board of school trustees shall within 30 days enter an
19order either granting or denying the petition and shall deliver
20to the committee of petitioners, if any, and any person who has
21filed his appearance in writing at the hearing and any attorney
22who appears for any person and any objector who testifies at
23the hearing and the regional superintendent of schools a
24certified copy of its order.
25    (l) Notwithstanding the foregoing provisions of this
26Section, if within 12 9 months after a petition is submitted

 

 

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1under the provisions of Section 7-1 the petition is not
2approved or denied by the regional board of school trustees and
3the order approving or denying that petition entered and a copy
4thereof served as provided in this Section, petitioners the
5school boards or registered voters of the districts affected
6that submitted the petition (or the committee of 10, or an
7attorney acting on its behalf, if designated in the petition)
8may submit a copy of the petition directly to the State
9Superintendent of Education for approval or denial. The copy of
10the petition as so submitted shall be accompanied by a record
11of all proceedings had with respect to the petition up to the
12time the copy of the petition is submitted to the State
13Superintendent of Education (including a copy of any notice
14given or published, any certificate or other proof of
15publication, copies of any maps or written report of the
16financial and educational conditions of the school districts
17affected if furnished by the secretary of the regional board of
18school trustees, copies of any amendments to the petition and
19stipulations made, accepted or refused, a transcript of any
20hearing or part of a hearing held, continued or adjourned on
21the petition, and any orders entered with respect to the
22petition or any hearing held thereon). The petitioners school
23boards, registered voters or committee of 10 submitting the
24petition and record of proceedings to the State Superintendent
25of Education shall give written notice by certified mail,
26return receipt requested, to the regional board of school

 

 

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1trustees and to the secretary of that board and to the
2detaching or dissolving and annexing school districts that the
3petition has been submitted to the State Superintendent of
4Education for approval or denial, and shall furnish a copy of
5the notice so given to the State Superintendent of Education.
6The cost of assembling the record of proceedings for submission
7to the State Superintendent of Education shall be the
8responsibility of the petitioners that submit school boards,
9registered voters or committee of 10 that submits the petition
10and record of proceedings to the State Superintendent of
11Education. When a petition is submitted to the State
12Superintendent of Education in accordance with the provisions
13of this paragraph:
14        (1) The regional board of school trustees loses all
15    jurisdiction over the petition and shall have no further
16    authority to hear, approve, deny or otherwise act with
17    respect to the petition.
18        (2) All jurisdiction over the petition and the right
19    and duty to hear, approve, deny or otherwise act with
20    respect to the petition is transferred to and shall be
21    assumed and exercised by the State Superintendent of
22    Education.
23        (3) The State Superintendent of Education shall not be
24    required to repeat any proceedings that were conducted in
25    accordance with the provisions of this Section prior to the
26    time jurisdiction over the petition is transferred to him,

 

 

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1    but the State Superintendent of Education shall be required
2    to give and publish any notices and hold or complete any
3    hearings that were not given, held or completed by the
4    regional board of school trustees or its secretary as
5    required by this Section prior to the time jurisdiction
6    over the petition is transferred to the State
7    Superintendent of Education.
8        (4) If so directed by the State Superintendent of
9    Education, the regional superintendent of schools shall
10    submit to the State Superintendent of Education and to such
11    school boards as the State Superintendent of Education
12    shall prescribe accurate maps and a written report of the
13    financial and educational conditions of the districts
14    affected and the probable effect of the proposed boundary
15    changes.
16        (5) The State Superintendent is authorized to conduct
17    further hearings, or appoint a hearing officer to conduct
18    further hearings, on the petition even though a hearing
19    thereon was held as provided in this Section prior to the
20    time jurisdiction over the petition is transferred to the
21    State Superintendent of Education.
22        (6) The State Superintendent of Education or the
23    hearing officer shall hear evidence and approve or deny the
24    petition and shall enter an order to that effect and
25    deliver and serve the same as required in other cases to be
26    done by the regional board of school trustees and the

 

 

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1    regional superintendent of schools as secretary an ex
2    officio member of that board.
3    (m) (Blank). Within 10 days after the conclusion of a joint
4hearing required under the provisions of Section 7-2, each
5regional board of school trustees shall meet together and
6render a decision with regard to the joint hearing on the
7petition. If the regional boards of school trustees fail to
8enter a joint order either granting or denying the petition,
9the regional superintendent of schools for the educational
10service region in which the joint hearing is held shall enter
11an order denying the petition, and within 30 days after the
12conclusion of the joint hearing shall deliver a copy of the
13order denying the petition to the regional boards of school
14trustees of each region affected, to the committee of
15petitioners, if any, to any person who has filed his appearance
16in writing at the hearing and to any attorney who appears for
17any person at the joint hearing. If the regional boards of
18school trustees enter a joint order either granting or denying
19the petition, the regional superintendent of schools for the
20educational service region in which the joint hearing is held
21shall, within 30 days of the conclusion of the hearing, deliver
22a copy of the joint order to those same committees and persons
23as are entitled to receive copies of the regional
24superintendent's order in cases where the regional boards of
25school trustees have failed to enter a joint order.
26    (n) Within 10 days after service of a copy of the order

 

 

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1granting or denying the petition, any person so served may
2petition for a rehearing and, upon sufficient cause being
3shown, a rehearing may be granted. The regional board of school
4trustees shall first determine whether there is sufficient
5cause for a rehearing. If so determined, then the regional
6board of school trustees shall allow the petition to be heard
7anew in its entirety in accordance with all procedures in this
8Article. The party requesting a rehearing shall pay the
9expenses of publishing the notice and of any transcript taken
10at the hearing. The filing of a petition for rehearing shall
11operate as a stay of enforcement until the regional board of
12school trustees, or regional boards of school trustees in cases
13of a joint hearing, or State Superintendent of Education in
14cases determined under subsection (l) of this Section enters
15enter the final order on such petition for rehearing.
16    (o) If a petition filed under subsection (a) of Section 7-1
17or under Section 7-2 is required under the provisions of
18subsection (b-5) of this Section 7-6 to request submission of a
19proposition at a regular scheduled election for the purpose of
20voting for or against the annexation of the territory described
21in the petition to the school district proposing to annex that
22territory, and if the petition is granted or approved by the
23regional board or regional boards of school trustees or by the
24State Superintendent of Education, the proposition shall be
25placed on the ballot at the next regular scheduled election.
26(Source: P.A. 99-475, eff. 1-1-16.)
 

 

 

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1    (105 ILCS 5/7-7)  (from Ch. 122, par. 7-7)
2    Sec. 7-7. Administrative Review Law. The decision of the
3regional board of school trustees, or the decision of the
4regional boards of school trustees following a joint hearing,
5or the decision of the State Superintendent of Education in
6cases determined pursuant to subsection (l) of Section 7-6,
7shall be deemed an "administrative decision" as defined in
8Section 3-101 of the Code of Civil Procedure; and any resident,
9who appears at the hearing or any petitioner, or board of
10education entitled to receive a certified copy of the regional
11board of school trustees' order of any district affected may,
12within 35 days after a copy of the decision sought to be
13reviewed was served by certified mail, return receipt
14requested, registered mail upon the resident, petitioner, or
15board of education, the party affected thereby file a complaint
16for a judicial review of such decision in accordance with the
17Administrative Review Law and the rules adopted pursuant
18thereto. The commencement of any action for judicial review
19shall operate as a stay of enforcement, and no further
20proceedings shall be had until final disposition of such
21review. If the transcript of the hearing is required to be
22presented to another county board of school trustees the time
23within which a complaint for review must be filed shall not
24begin to run until the decision of the regional board of school
25trustees hearing the petition has been granted or denied by the

 

 

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1regional board of school trustees conducting a hearing on the
2transcript. The circuit court of the county in which the
3petition is filed with the regional board of school trustees
4shall have sole jurisdiction to entertain a complaint for such
5review when only one regional board of school trustees must
6act; however, when the regional boards of school trustees act
7following a joint hearing, the circuit court of the county in
8which the joint hearing on the original petition is conducted
9shall have sole jurisdiction of the complaint for such review.
10(Source: P.A. 87-210.)
 
11    (105 ILCS 5/7-8)  (from Ch. 122, par. 7-8)
12    Sec. 7-8. Limitation on successive petitions. No
13territory, nor any part thereof, which is involved in any
14proceeding to change the boundaries of a school district by
15detachment or dissolution from or annexation to such school
16district of such territory, and which, after a hearing on the
17merits of the petition or referendum vote, is not so detached
18or dissolved nor annexed, shall be again involved in
19proceedings to change the boundaries of such school district
20for at least 2 years after final determination of such first
21proceeding, unless during that 2-year period a petition filed
22is substantially different than any other previously filed
23petition during the previous 2 years or if a school district
24involved is identified as a priority district under Section
252-3.25d-5 of this Code, is placed on the financial watch list

 

 

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1by the State Board of Education, or is certified as being in
2financial difficulty during that 2-year period or if such first
3proceeding involved a petition brought under Section 7-2b of
4this Article 7. The 2-year period is counted beginning from the
5date of a final administrative decision after all appeal
6timelines have run, upon final court order after all appeal
7timelines have run, or upon the certification of the election
8results in the event of a dissolution. The 2-year period is 2
9calendar years.
10(Source: P.A. 99-193, eff. 7-30-15.)
 
11    (105 ILCS 5/7-9)  (from Ch. 122, par. 7-9)
12    Sec. 7-9. Effective date of change. In case a petition is
13filed for the creation of or the change of boundaries of or for
14an election to vote upon a proposition of creating or annexing
15territory to a school district after August 1, as provided in
16this Article, and the change is granted or the election
17carries, and no appeal is taken such change shall become
18effective after the time for appeal has run for the purpose of
19all elections; however, the change shall not affect the
20administration of the schools until July 1 following the date
21the petition is granted or upon which the election is held and
22the school boards of the districts as they existed prior to the
23change shall exercise the same power and authority over such
24territory until such date; however, new districts shall be
25permitted to organize and elect officers within the time

 

 

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1prescribed by the general election law. In the event that the
2granting of a petition has become final, either through failure
3to seek Administrative Review, or by the final decision of a
4court on review if no further appeal is taken, or upon
5certification of election results in the event of a
6dissolution, the change in boundaries shall become effective
7the following July 1 forthwith. The school boards of the
8districts as they existed prior to the change shall exercise
9the same power and authority over such territory until such
10date, unless However, if the granting of the petition becomes
11final between September 1 and June 30 of any year, the
12administration of and attendance at the schools shall not be
13affected until the following July 1, when the change in
14boundaries shall become effective for all purposes. After the
15granting of a petition has become final, the date when the
16change shall become effective for purposes of administration
17and attendance may be accelerated or postponed by stipulation
18of each of the school boards of each detaching or dissolving
19and annexing school district and approval affected and approved
20by the regional board of school trustees or by the board of a
21special charter district with which the original petition is
22required to be filed.
23(Source: P.A. 90-459, eff. 8-17-97.)
 
24    (105 ILCS 5/7-10)  (from Ch. 122, par. 7-10)
25    Sec. 7-10. Map showing change; filed change-Filed. Within

 

 

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130 thirty days after the boundaries of any school district have
2been changed, or a new district created under any of the
3provisions of this Article the regional county superintendent
4of schools of any county involved shall make and file with the
5county clerk or clerks of his county a map of any detaching,
6dissolving, or annexing school districts, involved in any
7change of boundaries or creation of a new district whereupon
8the county clerks shall extend taxes against the territory in
9accordance therewith; provided : Provided that if an action to
10review such decision under Section 7-7 is taken, the regional
11superintendent of schools County Superintendent of Schools
12shall not file the map with the county clerk until after he or
13she is served with a certified copy of the order of the final
14disposition of such review.
15(Source: Laws 1961, p. 31.)
 
16    (105 ILCS 5/7-10.5 new)
17    Sec. 7-10.5. Teacher transfer. When dissolution and
18annexation become effective for purposes of administration and
19attendance as determined pursuant to Section 7-9 or 7-11 of
20this Code, as applicable, the positions of teachers in
21contractual continued service in the district being dissolved
22are transferred to an annexing district or to annexing
23districts pursuant to the provisions of subsection (h) of
24Section 24-11 of this Code relative to teachers having
25contractual continued service status whose positions are

 

 

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

 

 

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1added to 2 or more districts, shall divide the property of the
2dissolved district among the districts to which its territory
3is added, in the manner provided for the division of property
4in case of the organization of a new district from a part of
5another district. The regional board of school trustees of the
6region in which the regional superintendent has supervision and
7control, as defined in Section 3-14.2 of this Code, over the
8school district that is dissolved shall have all power
9necessary to annex the territory of the dissolved district as
10provided in this Section, including the power to attach the
11territory to a school district under the supervision and
12control of the regional superintendent of another educational
13service region and, in the case of Leepertown CCSD 175, the
14power to attach the territory to a non-contiguous school
15district if deemed in the best interests of the schools of the
16area and the educational welfare of the pupils involved. The
17annexation of the territory of a dissolved school district
18under this Section shall entitle the school districts involved
19in the annexation to payments from the State Board of Education
20in the same manner and to the same extent authorized in the
21case of other annexations under this Article. Other provisions
22of this Article 7 of The School Code shall apply to and govern
23dissolutions and annexations under this Section and Section
247-2a, except that it is the intent of the General Assembly that
25in the case of conflict the provisions of this Section and
26Section 7-2a shall control over the other provisions of this

 

 

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1Article.
2    The regional board of school trustees shall give notice of
3a hearing, to be held not less than 50 days nor more than 70
4days after a school district is dissolved under Section 5-32 or
5a petition is filed under subsection (b) of Section 7-2a, on
6the disposition of the territory of such school district by
7publishing a notice thereof at least once each week for 2
8successive weeks in at least one newspaper having a general
9circulation within the area of the territory involved. At such
10hearing, the regional board of school trustees shall hear
11evidence as to the school needs and conditions of the territory
12and of the area within and adjacent thereto, and shall take
13into consideration the educational welfare of the pupils of the
14territory and the normal high school attendance pattern of the
15children. In the case of an elementary school district, except
16for Leepertown CCSD 175, if all the eighth grade graduates of
17such district customarily attend high school in the same high
18school district, the regional board of school trustees shall,
19unless it be impossible because of the restrictions of a
20special charter district, annex the territory of the district
21to a contiguous elementary school district whose eighth grade
22graduates customarily attend that high school, and that has an
23elementary school building nearest to the center of the
24territory to be annexed, but if such eighth grade graduates
25customarily attend more than one high school the regional board
26of school trustees shall determine the attendance pattern of

 

 

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1such graduates and divide the territory of the district among
2the contiguous elementary districts whose graduates attend the
3same respective high schools.
4    At the conclusion of the hearing, the regional
5superintendent of schools, as secretary to the regional board
6of school trustees, shall, within 10 days, enter an order
7detailing the annexation of the dissolved district. The
8regional superintendent of schools shall deliver a certified
9copy of the order by certified mail, return receipt requested,
10to the petitioners or committee of petitioners, as applicable;
11the school board of each dissolving and annexing district; any
12person providing testimony in support of or opposition to the
13petition at the hearing; and any attorney who appears for any
14person. The regional superintendent of schools shall also
15deliver a copy of the order to the regional superintendent of
16schools who has supervision and control, as defined in Section
173-14.2 of this Code, of the annexing district, if different
18from the regional superintendent of schools with whom the
19petition was filed. The regional superintendent of schools is
20not required to send a copy of the regional board of school
21trustees' order to those attending the hearing but not
22participating. The final order shall be in writing and include
23findings of fact, conclusions of law, and the annexation
24decision. The decision of the regional board of school trustees
25shall be The decision of the regional board of school trustees
26in such matter shall be issued within 10 days after the

 

 

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1conclusion of the hearing and deemed an "administrative
2decision" as defined in Section 3-101 of the Code of Civil
3Procedure and any resident, who appears at the hearing or any
4petitioner, or school district entitled to receive a certified
5copy of the regional board of school trustees' order may,
6within 10 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
9school district, the party affected thereby file a complaint
10for the judicial review of such decision in accordance with the
11"Administrative Review Law", and all amendments and
12modifications thereof and the rules adopted pursuant thereto.
13The commencement of any action for review shall operate as a
14stay of enforcement, and no further proceedings shall be had
15until final disposition of such review. The final decision of
16the regional board of school trustees or of any court upon
17judicial review shall become effective under Section 7-9 in the
18case of a petition for dissolution filed under subsection (b)
19of Section 7-2a, and a final decision shall become effective
20immediately following the date no further appeal is allowable
21in the case of a district dissolved under Section 5-32.
22    Notwithstanding the foregoing provisions of this Section
23or any other provision of law to the contrary, the school board
24of the Mt. Morris School District is authorized to donate to
25the City of Mount Morris, Illinois the school building and
26other real property used as a school site by the Mt. Morris

 

 

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1School District at the time of its dissolution, by appropriate
2resolution adopted by the school board of the district prior to
3the dissolution of the district; and upon the adoption of a
4resolution by the school board donating the school building and
5school site to the City of Mount Morris, Illinois as authorized
6by this Section, the regional board of school trustees or other
7school officials holding legal title to the school building and
8school site so donated shall immediately convey the same to the
9City of Mt. Morris, Illinois.
10(Source: P.A. 97-656, eff. 1-13-12.)
 
11    (105 ILCS 5/7-12)  (from Ch. 122, par. 7-12)
12    Sec. 7-12. Termination of office. Upon the close of the
13then current school year during which any school district is
14annexed to another school district under any of the provisions
15of this Article, the terms of office of the school directors or
16board of education members of the annexed school district shall
17be terminated and the school board of the annexing district
18shall perform all the duties and have all the powers of the
19school board of the annexed district. The annexing district as
20it is constituted on and after the time of such annexation
21shall receive all the assets and assume all the obligations and
22liabilities including the bonded indebtedness of the original
23annexing district and of the district annexed. The tax rate for
24such assumed bonded indebtedness shall be determined in the
25manner provided in Article 19 of this Code Act.

 

 

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1(Source: Laws 1961, p. 31.)
 
2    (105 ILCS 5/7-14A)  (from Ch. 122, par. 7-14A)
3    Sec. 7-14A. Annexation compensation Compensation. There
4shall be no accounting made after a mere change in boundaries
5when no new district is created, except that those districts
6whose enrollment increases by 90% or more as a result of
7annexing territory detached from another district pursuant to
8this Article are eligible for supplementary State aid payments
9in accordance with Section 11E-135 of this Code. Eligible
10annexing districts shall apply to the State Board of Education
11for supplementary State aid payments by submitting enrollment
12figures for the year immediately preceding and the year
13immediately following the effective date of the boundary change
14for both the district gaining territory and the district losing
15territory. Copies of any intergovernmental agreements between
16the district gaining territory and the district losing
17territory detailing any transfer of fund balances and staff
18must also be submitted. In all instances of changes in
19boundaries, the district losing territory shall not count the
20average daily attendance of pupils living in the territory
21during the year preceding the effective date of the boundary
22change in its claim for reimbursement under Section 18-8.05
2318-8 for the school year following the effective date of the
24change in boundaries and the district receiving the territory
25shall count the average daily attendance of pupils living in

 

 

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1the territory during the year preceding the effective date of
2the boundary change in its claim for reimbursement under
3Section 18-8.05 18-8 for the school year following the
4effective date of the change in boundaries. The changes to this
5Section made by this amendatory Act of the 95th General
6Assembly are intended to be retroactive and applicable to any
7annexation taking effect on or after July 1, 2004.
8(Source: P.A. 95-707, eff. 1-11-08.)
 
9    (105 ILCS 5/7-29)  (from Ch. 122, par. 7-29)
10    Sec. 7-29. Limitation on contesting boundary change. No
11Neither the People of the State of Illinois nor any person,
12corporation, private or public, nor any association of persons
13shall commence an action contesting either directly or
14indirectly the annexation of any territory to a school district
15shall commence or the creation of any new school district
16unless brought within 2 calendar years after (i) the order
17annexing the territory or creating the new district shall have
18become final in the event of a detachment or (ii) the election
19results shall have been certified in the event of a
20dissolution. Where or within 2 years after the date of the
21election creating the new school district if no proceedings to
22contest such election are duly instituted within the time
23permitted by law, or within two years after the final
24disposition of any proceedings which may be so instituted to
25contest such election; however where a limitation of a shorter

 

 

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1period is prescribed by statute, such shorter limitation shall
2apply. The , and the limitation set forth in this Section
3section shall not apply to jurisdictional challenges any order
4where the judge, body or officer entering the order annexing
5the territory or creating the new district did not at the time
6of the entry of such order have jurisdiction of the subject
7matter.
8(Source: P.A. 86-1334.)
 
9    (105 ILCS 5/7-31 new)
10    Sec. 7-31. Applicability of amendatory Act. For any
11petition filed with the regional superintendent of schools
12under this Article prior to the effective date of this
13amendatory Act of the 99th General Assembly, including a
14petition for a rehearing pursuant to subsection (n) of Section
157-6 of this Code, the proposed action described in the
16petition, including all notices, hearings, administrative
17decisions, ballots, elections, and passage requirements
18relating thereto, shall proceed and be in accordance with the
19law in effect prior to the effective date of this amendatory
20Act of the 99th General Assembly.
 
21    (105 ILCS 5/10-22.35B new)
22    Sec. 10-22.35B. Title to school sites and buildings.
23    (a) On January 1, 1994 (the effective date of Public Act
2488-155): (i) the legal title to all school buildings and school

 

 

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

 

 

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1or for any school purpose within its jurisdiction and shall
2succeed to any gift, grant, donation, or legacy heretofore
3received by the regional board of school trustees, either from
4the township school trustees within their jurisdiction or from
5any other source, for the use of any school of the district
6served by the school board or for any other school purpose of
7that school district. All conveyances of real estate made to
8the school board of a school district under this Section shall
9be made to the school board in its corporate name and to its
10successors in office.
11    (c) All school districts and high school districts may take
12and convey title to real estate to be improved by buildings or
13other structures for vocational or other educational training
14as provided in Section 10-23.3 of this Code.
15    (d) Nothing in this Section shall be deemed to apply to any
16common school lands or lands granted or exchanged therefor or
17to the manner in which such lands are managed and controlled
18for the use and benefit of the school township and the schools
19of the township by the township land commissioners, the
20regional board of school trustees (acting as the township land
21commissioners), or the trustees of schools of the township,
22which hold legal title to those lands; and they may continue to
23receive gifts, grants, donations, or legacies made for the use
24of the school township and for the schools of the township
25generally in the same manner as such gifts, grants, donations,
26or legacies were made prior to January 1, 1994.
 

 

 

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1    (105 ILCS 5/12-24)  (from Ch. 122, par. 12-24)
2    Sec. 12-24. Elimination of non-high school district. The
3territory of the non-high school district or unit district not
4maintaining a high school in existence on January 1, 1950 of
5any county having a population of 500,000 or less shall be
6automatically eliminated from the non-high school district or
7unit district, unless (1) the non-high school territory is
8adjacent to a district created by a special Act whose
9boundaries are required by such Act to be coterminous with some
10city or village or to a district maintaining grades 1 through
1112 and (2) has children in such territory who customarily
12attend the high school of such district and (3) has no school
13district operating grades 9 through 12 to which such territory
14could be annexed without impairing the educational
15opportunities of the children of such territory and in such
16case the territory shall remain non-high school territory.
17    Any such non-high school district including any unit
18district not maintaining a high school pursuant to the
19provisions of this Section shall pay tuition for high school
20students at a rate to be mutually agreed by the boards of
21education of each district affected.
22    When territory is eliminated from a non-high school
23district or unit district not maintaining a high school it
24shall be annexed by the county board of school trustees as
25provided in Section 7-27 of this Code (now repealed) Act.

 

 

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1    Any non-high school district affected by such elimination
2and annexation may continue to exercise all previously
3conferred and existing powers pending final administrative or
4judicial affirmance thereof.
5(Source: P.A. 81-950.)
 
6    (105 ILCS 5/16-2)  (from Ch. 122, par. 16-2)
7    Sec. 16-2. Joint use of site and building. Whenever the
8school boards of two or more school districts have agreed upon
9the joint use of any school site and compensation to be paid
10therefor, and any such site has been selected in the manner
11required by law, it is lawful for such districts to use the
12same school site and after payment of the compensation, the
13trustees of schools of the township or regional board of school
14trustees, as the case may be, by proper instrument in writing
15shall declare that title to such site is held for the joint use
16of such districts according to the terms of such agreement, and
17such districts shall be further authorized to construct,
18maintain and use a building jointly for the benefit of the
19inhabitants thereof. Notwithstanding any other provisions of
20this Section:
21    (1) If legal title to the selected site is held in the name
22of the school board of a school district that has agreed to the
23joint use of the site with any other school districts, and if
24those other school districts are also districts whose school
25boards, under subsection (a) of Section 10-22.35B of this Code

 

 

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17-28, are to hold legal title to school buildings and school
2sites of the district, then upon the execution of the agreement
3and payment of the compensation in accordance with the terms of
4the agreement the school boards of the districts shall be
5deemed to hold legal title to the site as tenants in common,
6and the required deed or deeds of conveyance shall be executed
7and delivered by the president and secretary or clerk of the
8school boards to reflect that legal title to the selected site
9is held in that manner.
10    (2) If one more but not all of the school boards that are
11party to the agreement are school boards that, under subsection
12(a) of Section 10-22.35B of this Code 7-28, are to hold legal
13title to the school buildings and school sites of the district,
14the interest in the selected site of each school board that is
15to hold legal title to the school buildings and school sites of
16the district shall be that of a tenant in common; and the
17required deed or deeds of conveyance shall be executed and
18delivered by the president and secretary or clerk of the
19trustees of schools of the township, regional board of school
20trustees, township land commissioners, or school boards, as the
21case may be, to reflect that tenancy in common interest of the
22appropriate school board or school boards with the trustees of
23schools of the township, regional board of school trustees or
24township land commissioners, as the case may be, in the legal
25title to the selected site.
26(Source: P.A. 88-155.)
 

 

 

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1    (105 ILCS 5/32-4.6)  (from Ch. 122, par. 32-4.6)
2    Sec. 32-4.6. Title, care and custody of property;
3supervision and control.
4    The title, care and custody of all schoolhouses and school
5sites belonging to districts that are described in Section
632-2.11 and that are not districts whose school boards under
7subsection (a) of Section 10-22.35B of this Code 7-28 are to
8hold legal title to school buildings and school sites of the
9district shall be vested in the trustees of schools of the
10townships in which the districts are situated, but the
11supervision and control of such schoolhouses and sites shall be
12vested in the board of inspectors of the districts. In all
13other cases, the legal title, care, custody and control of
14school houses and school sites belonging to districts that are
15described in Section 32-2.11, together with the supervision and
16control of those school houses and sites, shall be vested in
17the board of inspectors of the districts.
18(Source: P.A. 88-155.)
 
19    (105 ILCS 5/7-01 rep.)
20    (105 ILCS 5/7-2 rep.)
21    (105 ILCS 5/7-2.3 rep.)
22    (105 ILCS 5/7-2.4 rep.)
23    (105 ILCS 5/7-2.5 rep.)
24    (105 ILCS 5/7-2.6 rep.)

 

 

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1    (105 ILCS 5/7-2.7 rep.)
2    (105 ILCS 5/7-13 rep.)
3    (105 ILCS 5/7-27 rep.)
4    (105 ILCS 5/7-28 rep.)
5    (105 ILCS 5/7-30 rep.)
6    Section 10. The School Code is amended by repealing
7Sections 7-01, 7-2, 7-2.3, 7-2.4, 7-2.5, 7-2.6, 7-2.7, 7-13,
87-27, 7-28, and 7-30.
 
9    Section 99. Effective date. This Act takes effect July 1,
102016.".