Full Text of HB2612 100th General Assembly
HB2612ham001 100TH GENERAL ASSEMBLY | Rep. Robert W. Pritchard Filed: 3/8/2017
| | 10000HB2612ham001 | | LRB100 06182 NHT 23056 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 2612
| 2 | | AMENDMENT NO. ______. Amend House Bill 2612 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 5-1, 7-04, 7-1, 7-2a, 7-2.4, 7-2.5, 7-2.6, 7-2.7, 7-4, 7-4.1, | 6 | | 7-5, 7-6, 7-7, 7-8, 7-9, 7-10, 7-11, 7-12, 7-29, 12-24, 16-2, | 7 | | and 32-4.6 and by adding Sections 7-01a, 7-01b, 7-10.5, 7-31, | 8 | | and 10-22.35B as follows:
| 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 | 12 | | district governed by any special act which requires the | 13 | | district
to appoint its own school treasurer, shall constitute | 14 | | a county school unit.
County school units of less than | 15 | | 2,000,000 inhabitants shall be known as
Class I county school | 16 | | units and the office of township trustees, where
existing on |
| | | 10000HB2612ham001 | - 2 - | LRB100 06182 NHT 23056 a |
|
| 1 | | July 1, 1962, in such units shall be abolished on that date and
| 2 | | all books and records of such former township trustees shall be | 3 | | forthwith
thereafter transferred to the county board of school | 4 | | trustees. County
school units of 2,000,000 or more inhabitants | 5 | | shall be known as Class II
county school units and shall retain | 6 | | the office of township trustees
unless otherwise provided in | 7 | | subsection (b) or (c).
| 8 | | (b) Notwithstanding subsections (a) and (c), the
school | 9 | | board of any elementary school district having a fall, 1989
| 10 | | aggregate enrollment of at least 2,500 but less than 6,500 | 11 | | pupils and
having boundaries that are coterminous with the | 12 | | boundaries of a high school
district, and the school board of | 13 | | any high school district having a fall,
1989 aggregate | 14 | | enrollment of at least 2,500 but less than 6,500 pupils and
| 15 | | having boundaries that are coterminous with the boundaries of | 16 | | an elementary
school district, may, whenever the territory of | 17 | | such school district forms
a part of a Class II county school
| 18 | | unit, by proper resolution withdraw such school district from | 19 | | the
jurisdiction and authority of the trustees of schools of | 20 | | the township in
which such school district is located and from | 21 | | the jurisdiction and
authority of the township treasurer in | 22 | | such Class II county school unit;
provided that the school | 23 | | board of any such school district shall, upon the
adoption and | 24 | | passage of such resolution, thereupon elect or appoint its own
| 25 | | school treasurer as provided in Section 8-1. Upon the adoption | 26 | | and passage
of such resolution and the election or appointment |
| | | 10000HB2612ham001 | - 3 - | LRB100 06182 NHT 23056 a |
|
| 1 | | by the school board of
its own school treasurer: (1) the | 2 | | trustees of schools in such township
shall no longer have or | 3 | | exercise any powers and duties with respect to the
school | 4 | | district governed by such school board or with respect to the | 5 | | school
business, operations or assets of such school district; | 6 | | and (2) all books
and
records of the township trustees relating | 7 | | to the school business and
affairs of such school district | 8 | | shall be transferred and delivered to the
school board of such | 9 | | school district. Upon the effective date of this
amendatory Act | 10 | | of 1993, the legal title to, and all right, title
and interest
| 11 | | formerly held by the township trustees in any school buildings | 12 | | and
school sites
used and occupied by the school board of such | 13 | | school district for school
purposes, that legal title, right, | 14 | | title and interest thereafter having
been transferred to and | 15 | | vested in the regional
board
of school trustees under P.A. | 16 | | 87-473 until the abolition of that regional
board of school | 17 | | trustees by P.A. 87-969, shall be deemed transferred by
| 18 | | operation of law to and shall vest in the school board of that | 19 | | school
district.
| 20 | | Notwithstanding subsections (a) and (c), the school boards | 21 | | of Oak Park & River Forest District 200, Oak Park Elementary | 22 | | School District 97, and River Forest School District 90 may, by | 23 | | proper resolution, withdraw from the jurisdiction and | 24 | | authority of the trustees of schools of Proviso and Cicero | 25 | | Townships and the township treasurer, provided that the school | 26 | | board shall, upon the adoption and passage of the resolution, |
| | | 10000HB2612ham001 | - 4 - | LRB100 06182 NHT 23056 a |
|
| 1 | | elect or appoint its own school treasurer as provided in | 2 | | Section 8-1 of this Code. Upon the adoption and passage of the | 3 | | resolution and the election or appointment by the school board | 4 | | of its own school treasurer: (1) the trustees of schools in the | 5 | | township or townships shall no longer have or exercise any | 6 | | powers or duties with respect to the school district or with | 7 | | respect to the school business, operations, or assets of the | 8 | | school district; (2) all books and records of the trustees of | 9 | | schools and all moneys, securities, loanable funds, and other | 10 | | assets relating to the school business and affairs of the | 11 | | school district shall be transferred and delivered to the | 12 | | school board; and (3) all legal title to and all right, title, | 13 | | and interest formerly held by the trustees of schools in any | 14 | | common school lands, school buildings, or school sites used and | 15 | | occupied by the school board and all rights of property and | 16 | | causes of action pertaining to or constituting a part of the | 17 | | common school lands, buildings, or sites shall be deemed | 18 | | transferred by operation of law to and shall vest in the school | 19 | | board.
| 20 | | Notwithstanding subsections (a) and (c), the respective | 21 | | school boards of Berwyn North School District 98, Berwyn South | 22 | | School District 100, Cicero School District 99, and J.S. Morton | 23 | | High School District 201 may, by proper resolution, withdraw | 24 | | from the jurisdiction and authority of the trustees of schools | 25 | | of Cicero Township and the township treasurer, provided that | 26 | | the school board shall, upon the adoption and passage of the |
| | | 10000HB2612ham001 | - 5 - | LRB100 06182 NHT 23056 a |
|
| 1 | | resolution, elect or appoint its own school treasurer as | 2 | | provided in Section 8-1 of this Code. Upon the adoption and | 3 | | passage of the resolution and the election or appointment by | 4 | | the school board of its own school treasurer: (1) the trustees | 5 | | of schools in the township shall no longer have or exercise any | 6 | | powers or duties with respect to the school district or with | 7 | | respect to the school business, operations, or assets of the | 8 | | school district; (2) all books and records of the trustees of | 9 | | schools and all moneys, securities, loanable funds, and other | 10 | | assets relating to the school business and affairs of the | 11 | | school district shall be transferred and delivered to the | 12 | | school board; and (3) all legal title to and all right, title, | 13 | | and interest formerly held by the trustees of schools in any | 14 | | common school lands, school buildings, or school sites used and | 15 | | occupied by the school board and all rights of property and | 16 | | causes of action pertaining to or constituting a part of the | 17 | | common school lands, buildings, or sites shall be deemed | 18 | | transferred by operation of law to and shall vest in the school | 19 | | board.
| 20 | | (c) Notwithstanding the provisions of subsection (a), the | 21 | | offices of
township treasurer and trustee of schools of any | 22 | | township located in a Class
II county school unit shall be | 23 | | abolished as provided in this subsection
if all of the | 24 | | following 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 |
| | | 10000HB2612ham001 | - 6 - | LRB100 06182 NHT 23056 a |
|
| 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 |
| | | 10000HB2612ham001 | - 7 - | LRB100 06182 NHT 23056 a |
|
| 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 |
| | | 10000HB2612ham001 | - 8 - | LRB100 06182 NHT 23056 a |
|
| 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 | 21 | | subject to the
jurisdiction and authority of the township | 22 | | treasurer and trustees of
schools of the township in which | 23 | | those offices are sought to be abolished a
majority of the | 24 | | electors in each such district voting at the consolidated
| 25 | | election on the proposition to abolish the offices of township | 26 | | treasurer
and trustee of schools of that township votes in |
| | | 10000HB2612ham001 | - 9 - | LRB100 06182 NHT 23056 a |
|
| 1 | | favor of the proposition
as submitted to them, the proposition | 2 | | shall be deemed to have passed; but
if in any such elementary | 3 | | or unit school district a majority of the
electors voting on | 4 | | that proposition in that district fails to vote in favor
of the | 5 | | proposition as submitted to them, then notwithstanding the vote | 6 | | of
the electors in any other such elementary or unit school | 7 | | district on that
proposition the proposition shall not be | 8 | | deemed to have passed in any of
those elementary or unit school | 9 | | districts, and the offices of township
treasurer and trustee of | 10 | | schools of the township in which those offices
were sought to | 11 | | be abolished shall not be abolished, unless in each of those
| 12 | | elementary and unit school districts remaining subject to the | 13 | | jurisdiction
and authority of the township treasurer and | 14 | | trustees of schools of that
township proceedings are again | 15 | | initiated to abolish those offices and all
of the proceedings | 16 | | and conditions prescribed in paragraphs (1) through (4)
of this | 17 | | subsection are repeated and met in each of those elementary and
| 18 | | unit school districts.
| 19 | | Notwithstanding the foregoing provisions of this Section | 20 | | or any other
provision of the School Code, the offices of | 21 | | township treasurer and trustee of
schools of a township that | 22 | | has a population of less than 200,000 and that
contains a unit | 23 | | school district and is located in a Class II county school unit
| 24 | | shall also be
abolished as provided in this subsection if all | 25 | | of the conditions set forth in
paragraphs (1), (2), and (3) of | 26 | | this subsection are met
and if the following additional |
| | | 10000HB2612ham001 | - 10 - | LRB100 06182 NHT 23056 a |
|
| 1 | | condition 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 | 22 | | treasurer and
trustee of schools of a township is deemed to | 23 | | have passed at the
consolidated election as provided in this | 24 | | subsection,
those offices shall be
deemed abolished by | 25 | | operation of law effective on January 1
of the
calendar year | 26 | | immediately following the calendar year in which that
|
| | | 10000HB2612ham001 | - 11 - | LRB100 06182 NHT 23056 a |
|
| 1 | | consolidated election is held, provided that if after the
| 2 | | election, the trustees of schools by resolution elect to | 3 | | abolish the offices of
township treasurer and trustee of | 4 | | schools effective on July 1 immediately
following the election, | 5 | | then the offices shall be abolished on July 1
immediately | 6 | | following the election.
On the date that
the offices of | 7 | | township treasurer and trustee of schools of a
township are | 8 | | deemed abolished by operation of law, the school board of each
| 9 | | elementary and unit school district and the school board of | 10 | | each high
school district that is subject to the jurisdiction | 11 | | and authority of the
township treasurer and trustees of schools | 12 | | of that township at the time
those offices are abolished: (i) | 13 | | shall appoint its own school treasurer as
provided in Section | 14 | | 8-1; and (ii) unless the term of the contract of a
township | 15 | | treasurer expires on the date that the office of township
| 16 | | treasurer is abolished, shall pay to the former township | 17 | | treasurer its
proportionate share of any aggregate | 18 | | compensation that, were the office of
township treasurer not | 19 | | abolished at that time, would
have been payable to the former | 20 | | township treasurer after that date over the
remainder of the | 21 | | term of the contract of the former township treasurer that
| 22 | | began prior to but ends after that date. In addition, on the | 23 | | date that the offices of township treasurer and trustee of
| 24 | | schools of a township are deemed abolished as provided in this | 25 | | subsection,
the school board of each elementary school, high | 26 | | school and unit school
district that until that date is subject |
| | | 10000HB2612ham001 | - 12 - | LRB100 06182 NHT 23056 a |
|
| 1 | | to the jurisdiction and authority
of the township treasurer and | 2 | | trustees of schools of that township shall be
deemed by | 3 | | operation of law to have agreed and assumed to pay and, when
| 4 | | determined, shall pay to the Illinois Municipal Retirement
Fund | 5 | | a proportionate share of the unfunded liability existing in | 6 | | that Fund
at the time these offices are abolished in that
| 7 | | calendar year for all annuities or other benefits then or
| 8 | | thereafter to become payable from that Fund with respect to all | 9 | | periods of
service performed prior to that date as a | 10 | | participating employee in that
Fund by persons serving during | 11 | | those periods of service as a trustee of
schools, township | 12 | | treasurer or regular employee in the office of the
township | 13 | | treasurer of that township. That unfunded liability shall be
| 14 | | actuarially determined by the board of trustees of the Illinois | 15 | | Municipal
Retirement Fund, and the board of trustees shall | 16 | | thereupon notify each
school board required to pay a | 17 | | proportionate share of that unfunded
liability of the aggregate | 18 | | amount of the unfunded liability so determined.
The amount so | 19 | | paid to the Illinois Municipal Retirement Fund by each of
those | 20 | | school districts shall be credited to the account of the | 21 | | township in
that Fund. For each elementary school, high school | 22 | | and unit school district
under the jurisdiction and authority | 23 | | of a township treasurer and trustees
of schools of a township | 24 | | in which those offices are abolished as provided
in this | 25 | | subsection, each such district's proportionate share of the
| 26 | | aggregate compensation payable to the former township |
| | | 10000HB2612ham001 | - 13 - | LRB100 06182 NHT 23056 a |
|
| 1 | | treasurer as provided
in this paragraph and each such | 2 | | district's proportionate share of the
aggregate amount of the | 3 | | unfunded liability payable to the Illinois
Municipal | 4 | | Retirement Fund as provided in this paragraph shall be computed
| 5 | | in accordance with the ratio that the number of pupils in | 6 | | average daily
attendance in each such district for the school | 7 | | year last ending prior to the date on which
the offices of | 8 | | township treasurer and trustee of schools of that township
are | 9 | | abolished bears to the aggregate number of pupils in average | 10 | | daily
attendance in all of those districts as so reported for | 11 | | that school year.
| 12 | | Upon abolition of the offices of township treasurer and | 13 | | trustee of
schools of a township as provided in this | 14 | | subsection: (i) the regional
board of school trustees, in its | 15 | | corporate capacity, shall be deemed the
successor in interest | 16 | | to the former trustees of schools of that township
with respect | 17 | | to the common school lands and township loanable funds of the
| 18 | | township; (ii) all right, title and interest existing or vested | 19 | | in the
former trustees of schools of that township in the | 20 | | common school lands and
township loanable funds of the | 21 | | township, and all records, moneys,
securities and other assets, | 22 | | rights of property and causes of action
pertaining to or | 23 | | constituting a part of those common school lands or
township | 24 | | loanable funds, shall be transferred to and deemed vested by
| 25 | | operation of law in the regional board of school trustees, | 26 | | which shall hold
legal title to, manage and operate all common |
| | | 10000HB2612ham001 | - 14 - | LRB100 06182 NHT 23056 a |
|
| 1 | | school lands and township
loanable funds of the township, | 2 | | receive the rents, issues and profits
therefrom, and have and | 3 | | exercise with respect thereto the same powers and
duties as are | 4 | | provided by this Code to be exercised by regional boards of
| 5 | | school trustees when acting as township land commissioners in | 6 | | counties
having at least 220,000 but fewer than 2,000,000 | 7 | | inhabitants; (iii) the
regional board of school trustees shall | 8 | | select to serve as its treasurer
with respect to the common | 9 | | school lands and township loanable funds of the
township a | 10 | | person from time to time also serving as the appointed school
| 11 | | treasurer of any school district that was subject to the | 12 | | jurisdiction and
authority of the township treasurer and | 13 | | trustees of schools of that
township at the time those offices | 14 | | were abolished, and the person selected
to also serve as | 15 | | treasurer of the regional board of school trustees shall
have | 16 | | his compensation for services in that capacity fixed by the | 17 | | regional
board of school trustees, to be paid from the township | 18 | | loanable funds, and
shall make to the regional board of school | 19 | | trustees the reports required to be
made by treasurers of | 20 | | township land commissioners, give bond as required by
| 21 | | treasurers of township land commissioners, and perform the | 22 | | duties and
exercise the powers of treasurers of township land | 23 | | commissioners; (iv) the
regional board of school trustees shall | 24 | | designate in the manner provided by
Section 8-7, insofar as | 25 | | applicable, a depositary for its treasurer, and the
proceeds of | 26 | | all rents, issues and profits from the common school lands and
|
| | | 10000HB2612ham001 | - 15 - | LRB100 06182 NHT 23056 a |
|
| 1 | | township loanable funds of that township shall be deposited and | 2 | | held in the
account maintained for those purposes with that | 3 | | depositary and shall be
expended and distributed therefrom as | 4 | | provided in Section 15-24 and other
applicable provisions of | 5 | | this Code; and (v) whenever there is vested in the
trustees of | 6 | | schools of a township at the time that office is abolished
| 7 | | under this subsection the legal title to any school buildings | 8 | | or school
sites used or occupied for school purposes by any | 9 | | elementary school, high
school or unit school district subject | 10 | | to the jurisdiction and authority of
those trustees of school | 11 | | at the time that office is abolished, the legal
title to those | 12 | | school buildings and school sites shall be deemed
transferred | 13 | | by operation of law to and invested in the
school board of that | 14 | | school district, in its corporate
capacity under Section | 15 | | 10-22.35B of this Code 7-28 , the
same to be held, sold, | 16 | | exchanged leased or otherwise transferred in
accordance with | 17 | | applicable provisions of this Code.
| 18 | | Notwithstanding Section 2-3.25g of this Code, a waiver of a | 19 | | mandate
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, | 21 | | eff. 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 | 24 | | Article is to permit greater flexibility and efficiency in the | 25 | | detachment and dissolution of school districts for the |
| | | 10000HB2612ham001 | - 16 - | LRB100 06182 NHT 23056 a |
|
| 1 | | improvement of the administration and quality of educational | 2 | | services and for the best interests of pupils. This Article | 3 | | applies only to school districts with under 500,000 | 4 | | inhabitants, but includes special charter districts (except | 5 | | those districts organized under Article 34 of this Code) and | 6 | | non-high school districts. | 7 | | (105 ILCS 5/7-01b new) | 8 | | Sec. 7-01b. Definition. In this Article, "legal resident | 9 | | voter" means a person who is registered to vote at the time a | 10 | | circulated petition is filed and when the regional board of | 11 | | school trustees renders a decision, at the address shown | 12 | | opposite his or her signature on the petition, and resides in | 13 | | the detaching territory or dissolving school district.
| 14 | | (105 ILCS 5/7-04) (from Ch. 122, par. 7-04)
| 15 | | Sec. 7-04.
Districts in educational service regions of | 16 | | 2,000,000 or more
inhabitants.
| 17 | | (a) In all proceedings under this Article to change by | 18 | | detachment,
annexation, division, dissolution, or any | 19 | | combination of those methods the
boundaries of any school | 20 | | district (other than a school district organized
under Article | 21 | | 34) located in an educational service region of 2,000,000 or
| 22 | | more inhabitants in which the regional board of school trustees | 23 | | is
abolished as provided in subsection (a) of Section 6-2, the | 24 | | trustees of
schools of the township that has jurisdiction and |
| | | 10000HB2612ham001 | - 17 - | LRB100 06182 NHT 23056 a |
|
| 1 | | authority over the detaching or dissolving in which that school | 2 | | district is located , as the
successor under subsection (b) of | 3 | | Section 6-2 to the former regional board
of school trustees | 4 | | with respect to all territory located in that school
township, | 5 | | shall have, exercise, and perform all powers, duties, and
| 6 | | responsibilities required under this Article to be exercised | 7 | | and performed
in those proceedings by a regional board of | 8 | | school trustees; provided that
if any detaching or dissolving | 9 | | school district involved in affected by those proceedings is | 10 | | not under the jurisdiction and authority of the trustees of | 11 | | schools of a township located in
a school township referred to | 12 | | in subsection (b) of Section 5-1 and there
are no trustees of | 13 | | schools acting in that township then the school board
of any | 14 | | such district, as the successor under subsection (b) of Section | 15 | | 6-2
to the former regional board of school trustees with | 16 | | respect to the
territory comprising that school district , a | 17 | | hearing panel as established in this Section shall have, | 18 | | exercise, and
perform all powers, duties, and responsibilities | 19 | | required under this
Article to be exercised and performed in | 20 | | those proceedings with respect to the detaching or dissolving
| 21 | | the territory of that school district by a regional board of | 22 | | school
trustees . ; and provided further that: (i) when any | 23 | | school district affected
by those proceedings is located not | 24 | | only in an educational service region
of 2,000,000 or more | 25 | | inhabitants but also in 2 or more school townships in
that | 26 | | region that each have trustees of schools of the township, then |
| | | 10000HB2612ham001 | - 18 - | LRB100 06182 NHT 23056 a |
|
| 1 | | the
boundaries of that school district may be changed under | 2 | | this Article by
detachment, annexation, division, dissolution, | 3 | | or any combination of those
methods only by the concurrent | 4 | | action of, taken following a joint hearing
before the trustees | 5 | | of schools of those townships (in that educational
service | 6 | | region) in which that school district is located; and (ii) if | 7 | | any
part of the school district referred to in item (i) of this | 8 | | subsection
also lies within an educational service region that | 9 | | has a regional board of
school trustees, the boundaries of that | 10 | | district may be changed under this
Article only by the | 11 | | concurrent action of, taken following a joint hearing
before | 12 | | the trustees of schools of the townships referred to in item | 13 | | (i) of
this subsection and the regional board of school | 14 | | trustees of the educational
service region referred to in this | 15 | | item (ii) of this subsection. Whenever
concurrent action and | 16 | | joint hearings are required under this subsection,
the original | 17 | | petition shall be filed with the trustees of schools of the
| 18 | | township in which the territory or greatest portion of the | 19 | | territory being
detached is located, or if the territory is | 20 | | being detached from more than
one educational service region | 21 | | then with the regional board of school
trustees of the region | 22 | | or the trustees of schools of the township in which
the | 23 | | territory or greatest portion of the territory being detached | 24 | | is located.
| 25 | | (a-5) As applicable, the hearing panel shall be made up of | 26 | | 3 persons who have a demonstrated interest and background in |
| | | 10000HB2612ham001 | - 19 - | LRB100 06182 NHT 23056 a |
|
| 1 | | education. Each hearing panel member must reside within an | 2 | | educational service region of 2,000,000 or more inhabitants but | 3 | | not within the boundaries of a school district organized under | 4 | | Article 34 of this Code and may not be a current school board | 5 | | member of the detaching or dissolving or annexing school | 6 | | district or a current employee of the detaching or dissolving | 7 | | or annexing school district or hold any county office. None of | 8 | | the hearing panel members may reside within the same school | 9 | | district. All 3 persons must be selected by the chief | 10 | | administrative officer of the educational service center in | 11 | | which the chief administrative officer has supervision and | 12 | | control, as defined in Section 3-14.2 of this Code, of the | 13 | | detaching or dissolving school district. The members of a | 14 | | hearing panel as established in this Section shall serve | 15 | | without remuneration; however, the necessary expenses, | 16 | | including travel, attendant upon any meeting or hearing in | 17 | | relation to a proceeding under this Article must be paid. | 18 | | (a-10) The petition must be filed with the trustees of | 19 | | schools of the township with jurisdiction and authority over | 20 | | the detaching or dissolving school district or with the chief | 21 | | administrative officer of the educational service center in | 22 | | which the chief administrative officer has supervision and | 23 | | control, as defined in Section 3-14.2 of this Code, of the | 24 | | detaching or dissolving school district, as applicable. The | 25 | | chief administrative officer of the educational service center | 26 | | or a person designated by the trustees of schools of the |
| | | 10000HB2612ham001 | - 20 - | LRB100 06182 NHT 23056 a |
|
| 1 | | township, as applicable, shall have, exercise, and perform all | 2 | | powers, duties, and responsibilities required under this | 3 | | Article that are otherwise assigned to regional | 4 | | superintendents of schools. | 5 | | (b) Except as otherwise provided in this Section, all other | 6 | | provisions
of this Article shall apply to any proceedings under | 7 | | this Article to change
the boundaries of any school district | 8 | | located in an educational service
region having 2,000,000 or | 9 | | more inhabitants in the same manner that those
provisions apply | 10 | | to any proceedings to change the boundaries of any school
| 11 | | district located in any other educational service region; | 12 | | provided, that any
reference in those other provisions to the | 13 | | regional board of school trustees
shall mean, with respect to | 14 | | all territory within an educational service region
containing | 15 | | 2,000,000 or more inhabitants that formerly was served by a | 16 | | regional
board of school trustees abolished under subsection | 17 | | (a) of Section 6-2, the
trustees of schools of the township or | 18 | | the school board of the school district
that is the successor | 19 | | under subsection (b) of Section 6-2 to the former
regional | 20 | | board of school trustees with respect to the territory included | 21 | | within
that school township or school district or the hearing | 22 | | panel as established by this Section .
| 23 | | (Source: P.A. 87-969.)
| 24 | | (105 ILCS 5/7-1) (from Ch. 122, par. 7-1)
| 25 | | Sec. 7-1. Changing Districts in one educational service |
| | | 10000HB2612ham001 | - 21 - | LRB100 06182 NHT 23056 a |
|
| 1 | | region - changing boundaries by detachment or dissolution .
| 2 | | (a) School district boundaries lying entirely within any | 3 | | educational
service
region may be changed by detachment, | 4 | | annexation, division or dissolution
or any combination thereof | 5 | | by the regional board of school trustees of such
region, or by | 6 | | the State Superintendent of Education as provided in
subsection | 7 | | (l) of Section 7-6 , when petitioned by the boards of each
| 8 | | district affected or by a majority of the registered voters in | 9 | | each
district affected or by two-thirds of the registered | 10 | | voters in any
territory proposed to be detached from one or | 11 | | more districts or in each of
one or more districts proposed to | 12 | | be annexed to another district . | 13 | | The petition must be filed with and decided solely by the | 14 | | regional board of school trustees of the region in which the | 15 | | regional superintendent of schools has supervision and | 16 | | control, as defined in Section 3-14.2 of this Code, of the | 17 | | detaching or dissolving school district. The petition may be | 18 | | filed in any office operated by the regional superintendent | 19 | | with supervision and control, as defined in Section 3-14.2 of | 20 | | this Code, of the detaching or dissolving school district. | 21 | | A petition for boundary change must be filed by the school | 22 | | board of the detaching or dissolving district, by a majority of | 23 | | the legal resident voters in the dissolving district, or by | 24 | | two-thirds of a combination of the legal resident voters and | 25 | | the owners of record of any real estate with no legal resident | 26 | | voters in any territory proposed to be detached. If any of the |
| | | 10000HB2612ham001 | - 22 - | LRB100 06182 NHT 23056 a |
|
| 1 | | territory proposed to be detached contains real estate with no | 2 | | legal resident voters, petitioners shall deliver the petition | 3 | | by certified mail, return receipt requested, to all owners of | 4 | | record of any real estate with no legal resident voters. Proof | 5 | | of such delivery must be presented as evidence at the hearing | 6 | | required under Section 7-6 of this Code. Any owner of record of | 7 | | real estate with no legal resident voters in any territory | 8 | | proposed to be detached may either sign the petition in person | 9 | | and before the circulator as described in this Section or | 10 | | return the petition with his or her notarized signature to be | 11 | | included as a petitioner. No person may sign a petition in the | 12 | | capacity of both a legal resident voter and owner of record. If | 13 | | there are no legal resident voters within the territory | 14 | | proposed to be detached, then the petition must be signed by | 15 | | all of the owners of record of the real estate of the | 16 | | territory. Legal resident
Registered voters shall be | 17 | | determined by the official voter registration
lists as of the | 18 | | date the petition is filed. No signatures shall be added or | 19 | | withdrawn
after the date the petition is filed. The length of | 20 | | time for signatures to be valid, before filing of the petition, | 21 | | shall not exceed 6 months. Notwithstanding any provision to the | 22 | | contrary contained in the Election Code, the regional | 23 | | superintendent of schools shall make all determinations | 24 | | regarding the validity of the petition, including, without | 25 | | limitation, signatures on the petition. If the regional | 26 | | superintendent determines that the petition is not in proper |
| | | 10000HB2612ham001 | - 23 - | LRB100 06182 NHT 23056 a |
|
| 1 | | order or not in compliance with any applicable petition | 2 | | requirements, the regional superintendent may not accept the | 3 | | petition for filing and may return the petition to the | 4 | | petitioners. Any party who is dissatisfied with the | 5 | | determination of the regional superintendent regarding the | 6 | | validity of the petition may appeal the regional | 7 | | superintendent's decision to the regional board of school | 8 | | trustees by motion, and the motion must be heard by the | 9 | | regional board of school trustees prior to any hearing on the | 10 | | merits of the petition. If there are no registered voters
| 11 | | within the territory proposed to be detached from one or more | 12 | | districts,
then the petition may be signed by all of the owners | 13 | | of record of the real
estate of the territory. Notwithstanding | 14 | | any other provisions of this
Article, if pursuant to a petition | 15 | | filed under this subsection all of the
territory of
a school | 16 | | district is to be annexed to another school district, any
| 17 | | action by the regional board of school trustees or State
| 18 | | Superintendent of Education in granting or approving the | 19 | | petition and any
change in school district boundaries pursuant | 20 | | to that action is subject to and
the change in school district | 21 | | boundaries shall not be made except upon approval
at a regular | 22 | | scheduled election, in the manner provided by Section 7-7.7, of | 23 | | a
proposition for the annexation of all of the territory of | 24 | | that school district
to the other school district.
| 25 | | Petitions for detachment and dissolution Each page of the | 26 | | circulated petition shall include the full prayer of the
|
| | | 10000HB2612ham001 | - 24 - | LRB100 06182 NHT 23056 a |
|
| 1 | | petition with a general description of the territory at the top | 2 | | of each page. Each , and each signature contained therein shall | 3 | | match the official
signature and address of the legal resident | 4 | | registered voters as recorded in the office
of the county clerk | 5 | | or board of election commissioners, and each election authority | 6 | | having jurisdiction over the county. Each petitioner
shall also | 7 | | record the date of his or her signing. Except in instances of a | 8 | | notarized signature of an owner of record of real estate with | 9 | | no legal resident voters in any territory proposed to be | 10 | | detached, each Each page of the circulated petition shall
be | 11 | | signed by a circulator stating that he or she has who has | 12 | | witnessed the signature of each
petitioner on that page. | 13 | | Detachment petitions containing 10 or fewer signatures may be | 14 | | notarized in lieu of a circulator statement. Each petition | 15 | | shall include an accurate legal description and map of the | 16 | | territory proposed to be detached. If a petition proposes to | 17 | | dissolve an entire district, then the full name and number of | 18 | | the district and a map are sufficient. Each petition shall | 19 | | include the names of petitioners; the district to be dissolved | 20 | | or the district from which the territory is proposed to be | 21 | | detached; the district or districts to which the territory is | 22 | | proposed to be annexed; evidence that the detaching or | 23 | | dissolving territory is compact and contiguous with the | 24 | | annexing district or districts or otherwise meets the | 25 | | requirements set forth in Section 7-4 of this Code; the | 26 | | referendum date, if applicable; and facts that support |
| | | 10000HB2612ham001 | - 25 - | LRB100 06182 NHT 23056 a |
|
| 1 | | favorable findings for the factors to be considered by the | 2 | | regional board of school trustees pursuant to Section 7-6 of | 3 | | this Code. The length of time for signatures to be valid,
| 4 | | before filing of the petition, shall not exceed 6 months.
| 5 | | Where there is only one school building in an approved | 6 | | operating
district, the building and building site may not be | 7 | | included in any
detachment proceeding unless petitioned by | 8 | | two-thirds of the registered
voters within the entire district | 9 | | wherein the school is located .
| 10 | | Notwithstanding any other provisions of this Code, if, | 11 | | pursuant to a petition filed under this subsection (a), all of | 12 | | the territory of a school district is to be annexed to another | 13 | | school district, then any action by the regional board of | 14 | | school trustees in granting or approving the petition and any | 15 | | change in school district boundaries pursuant to that action is | 16 | | subject to and the change in school district boundaries may not | 17 | | be made except upon approval, at a regular scheduled election, | 18 | | in the manner provided by Section 7-7.7 of this Code, of a | 19 | | proposition for the annexation of all of the territory of that | 20 | | school district to the other school district. | 21 | | No petition may be filed under this Section to form a new | 22 | | school district under this Article; however, such a petition | 23 | | may be filed under this Section to form a new school district | 24 | | if the boundaries of such new school district lie entirely | 25 | | within the boundaries of a military base or installation | 26 | | operated and maintained by the government of the United States. |
| | | 10000HB2612ham001 | - 26 - | LRB100 06182 NHT 23056 a |
|
| 1 | | (b) Any elementary or high school district with 100 or more | 2 | | of its
students residing upon territory located entirely within | 3 | | a military base or
installation operated and maintained by the | 4 | | government of the United States, or
any unit school district or | 5 | | any combination of the above mentioned
districts with 300 or | 6 | | more of its students residing upon territory located
entirely | 7 | | within a military base or installation operated and maintained | 8 | | by
the government of the United States, shall, upon the filing | 9 | | with the
regional board of school trustees of a petition | 10 | | adopted by resolution of
the board of education or a petition | 11 | | signed by a majority of the registered
voters residing upon | 12 | | such military base or installation, have all of the
territory | 13 | | lying entirely within such military base or installation | 14 | | detached
from such school district, and a new school district | 15 | | comprised of such
territory shall be created. The petition | 16 | | shall be filed with and decided
solely by the regional board of | 17 | | school trustees of the region in which the
regional | 18 | | superintendent of schools has supervision and control, as | 19 | | defined by Section 3-14.2 of this Code, of the school district
| 20 | | affected. The regional board of school trustees shall have no | 21 | | authority to
deny the detachment and creation of a new school | 22 | | district requested in a
proper petition filed under this | 23 | | subsection. This subsection shall apply
only to those school | 24 | | districts having a population of not fewer than
1,000 and not | 25 | | more than 500,000 residents, as
ascertained by any special or | 26 | | general census.
|
| | | 10000HB2612ham001 | - 27 - | LRB100 06182 NHT 23056 a |
|
| 1 | | The new school district shall tuition its students to the | 2 | | same
districts that its students were previously attending and | 3 | | the districts
from which the new district was detached shall | 4 | | continue to educate the
students from the new district, until | 5 | | the federal government provides other
arrangements. The | 6 | | federal government shall pay for the education of such
children | 7 | | as required by Section 6 of Public Law 81-874.
| 8 | | If a school district created under this subsection (b) has | 9 | | not elected a
school board
and has not become operational | 10 | | within 2 years after the date of detachment,
then this
district | 11 | | is automatically dissolved and the territory of this district | 12 | | reverts
to the school
district from which the territory was | 13 | | detached or any successor district
thereto. Any school district | 14 | | created
under this
subsection (b) on or before September 1, | 15 | | 1996 that has not elected a school
board and has
not been | 16 | | operational since September 1, 1996 is automatically dissolved | 17 | | on the
effective
date of this amendatory Act of 1999, and on | 18 | | this date the territory of this
district reverts
to the school | 19 | | district from which the territory was detached. For the
| 20 | | automatic dissolution of a school district created under this | 21 | | subsection (b),
the
regional superintendent of schools
who has
| 22 | | supervision and control, as defined by Section 3-14.2 of this | 23 | | Code, of the school district from which the territory was | 24 | | detached shall
certify to
the regional board of school trustees | 25 | | that the school district created under
this subsection
(b) has | 26 | | been automatically dissolved.
|
| | | 10000HB2612ham001 | - 28 - | LRB100 06182 NHT 23056 a |
|
| 1 | | (Source: P.A. 90-459, eff. 8-17-97; 91-460, eff. 8-6-99.)
| 2 | | (105 ILCS 5/7-2a) (from Ch. 122, par. 7-2a)
| 3 | | Sec. 7-2a.
(a) (Blank). Except as provided in subsection | 4 | | (b) of this
Section, any petition for dissolution filed under | 5 | | this Article must
specify the school district or districts to | 6 | | which all of the territory
of the district proposed to be | 7 | | dissolved
will be annexed. Any petition for dissolution may be | 8 | | made by the board of
education of the district or a majority of | 9 | | the legal voters residing in
the district proposed to be | 10 | | dissolved. No petition from any other
district affected by the | 11 | | proposed dissolution shall be required.
| 12 | | (b) Any school district with a population of less than | 13 | | 5,000 residents or an enrollment of less than 750 students, as | 14 | | determined by the district's most recent fall enrollment counts | 15 | | as posted on the State Board of Education's website current | 16 | | fall housing report filed with the State Board of Education ,
| 17 | | shall be dissolved and its territory annexed as provided in | 18 | | Section 7-11 of this Code by
the regional board of school | 19 | | trustees upon the filing with the regional
board of school | 20 | | trustees of a petition adopted by resolution of the board of
| 21 | | education or a petition signed by a majority of the legal | 22 | | resident registered voters of
the district seeking such | 23 | | dissolution. No petition shall be adopted or
signed under this | 24 | | subsection until the board of education or the
petitioners, as | 25 | | the case may be, shall have given at least 10 days' notice
to |
| | | 10000HB2612ham001 | - 29 - | LRB100 06182 NHT 23056 a |
|
| 1 | | be published once in a newspaper having general circulation in | 2 | | the
district and shall have conducted a public informational | 3 | | meeting to inform
the residents of the district of the proposed | 4 | | dissolution and to answer
questions concerning the proposed | 5 | | dissolution. The petition shall be filed with
and decided | 6 | | solely by the regional board of school trustees of the region
| 7 | | in which the regional superintendent of schools has supervision | 8 | | and control, as defined by Section 3-14.2 of this Code, of the
| 9 | | school district being dissolved. | 10 | | The regional board of school trustees
shall not act on a | 11 | | petition filed by a board of education if within 45 days
after | 12 | | giving the first notice of the hearing required under Section | 13 | | 7-11 of this Code a petition
in opposition to the petition of | 14 | | the board to dissolve, signed by a
majority of the legal | 15 | | resident registered voters of the district, is filed with the
| 16 | | regional board of school trustees. In such an event, the | 17 | | dissolution petition is dismissed on procedural grounds by | 18 | | operation of law and the regional board of school trustees | 19 | | shall have no further authority to consider the petition. A | 20 | | dissolution petition dismissed as the result of a valid | 21 | | opposition petition is not subject to the limitation on | 22 | | successive petitions as provided in Section 7-8 of this Code, | 23 | | and a new petition may be filed upon receipt of the regional | 24 | | board of school trustees' notice stating that the original | 25 | | petition was dismissed by operation of law. | 26 | | For all petitions under this Section, the legal resident |
| | | 10000HB2612ham001 | - 30 - | LRB100 06182 NHT 23056 a |
|
| 1 | | voters must be determined by the official voter registration | 2 | | lists as of the date the petition is filed. No signatures may | 3 | | be added or withdrawn after the date the petition is filed. The | 4 | | length of time for signatures to be valid, before filing of the | 5 | | petition, may not exceed 6 months. Notwithstanding any | 6 | | provision to the contrary contained in the Election Code, the | 7 | | regional superintendent of schools shall make all | 8 | | determinations regarding the validity of the petition, | 9 | | including, without limitation, signatures on the petition. Any | 10 | | party who is dissatisfied with the determination of the | 11 | | regional superintendent regarding the validity of the petition | 12 | | may appeal the regional superintendent's decision to the | 13 | | regional board of school trustees by motion, and the motion | 14 | | must be heard by the regional board of school trustees prior to | 15 | | any hearing on annexing the territory of a district being | 16 | | dissolved.
If no opposition petition is timely filed, the The | 17 | | regional board of school trustees
shall have no authority to | 18 | | deny dissolution requested in a proper petition
for dissolution | 19 | | filed under this Section subsection (b) , but shall exercise its
| 20 | | discretion in accordance with Section 7-11 of this Code on the | 21 | | issue of annexing the
territory of a district being dissolved, | 22 | | giving consideration to but not
being bound by the wishes | 23 | | expressed by the residents of
the various school districts that | 24 | | may be affected by such annexation.
| 25 | | When dissolution and annexation become effective for | 26 | | purposes of
administration and attendance as determined |
| | | 10000HB2612ham001 | - 31 - | LRB100 06182 NHT 23056 a |
|
| 1 | | pursuant to Section 7-11,
the positions of teachers
in | 2 | | contractual continued service in the district being dissolved | 3 | | are
transferred to an
annexing district or to annexing | 4 | | districts pursuant to the provisions of subsection (h) of | 5 | | Section 24-11 of this Code
relative to teachers having | 6 | | contractual continued service
status whose positions are | 7 | | transferred from one board to the control of a
different board, | 8 | | and those said provisions of subsection (h) of Section 24-11 of | 9 | | this Code shall apply to
said transferred teachers. In the | 10 | | event that the territory is added to 2
or more districts, the | 11 | | decision on which positions shall be transferred to
which | 12 | | annexing districts shall be made giving consideration to the
| 13 | | proportionate percent of pupils transferred and the annexing | 14 | | districts'
staffing needs, and the transfer of specific | 15 | | individuals into such positions
shall be based upon the request | 16 | | of those teachers in order of seniority in
the dissolving | 17 | | district. The contractual continued service status of any
| 18 | | teacher thereby transferred to an annexing district is not lost | 19 | | and the
different board is subject to this Act with respect to | 20 | | such transferred
teacher in the same manner as if such teacher | 21 | | was that district's employee
and had been its employee during | 22 | | the time such teacher was actually
employed by the board of the | 23 | | dissolving district from which the position
was transferred.
| 24 | | (Source: P.A. 98-125, eff. 8-2-13; 99-657, eff. 7-28-16.)
| 25 | | (105 ILCS 5/7-2.4) (from Ch. 122, par. 7-2.4)
|
| | | 10000HB2612ham001 | - 32 - | LRB100 06182 NHT 23056 a |
|
| 1 | | Sec. 7-2.4.
A petition for detachment of territory from a | 2 | | special charter district with annexation to another school | 3 | | district, for detachment of territory from a school district | 4 | | with annexation to a special charter district, or for | 5 | | dissolution of a school district with annexation to a special | 6 | | charter district for annexation to or detachment of territory | 7 | | from a
special charter school district must be filed with the | 8 | | governing body of
the special charter district , and a certified | 9 | | copy thereof must be sent to
each other detaching, dissolving, | 10 | | or annexing school district affected and to the regional county | 11 | | board of school trustees of the region
county in which the | 12 | | regional county superintendent has supervision and control, as | 13 | | defined in Section 3-14.2 of this Code, of the detaching or | 14 | | dissolving district
from which the petition seeks to have | 15 | | territory detached, or if territory
is being detached from more | 16 | | than one county, to the county board of school
trustees of the | 17 | | county in which the county superintendent has supervision
over | 18 | | the greatest portion of such territory . A petition request for | 19 | | such annexation
or detachment of territory must be filed by the | 20 | | school board of the detaching or dissolving district, by a | 21 | | majority of the legal resident voters in the dissolving | 22 | | district, or by two-thirds of a combination of the legal | 23 | | resident voters and the owners of record of any real estate | 24 | | with no legal resident voters in any territory proposed to be | 25 | | may be initiated by any district affected by
such proposed | 26 | | annexation or detachment of territory by a petition signed by
|
| | | 10000HB2612ham001 | - 33 - | LRB100 06182 NHT 23056 a |
|
| 1 | | the board of education and by 25% or 1,000 of the legal voters | 2 | | of the
district, whichever is less, or by 50% of the legal | 3 | | voters residing in any
territory requesting to be annexed or | 4 | | detached. If any of the territory proposed to be detached | 5 | | contains real estate with no legal resident voters, petitioners | 6 | | shall deliver the petition by certified mail, return receipt | 7 | | requested, to all owners of record of any real estate with no | 8 | | legal resident voters. Proof of the delivery must be presented | 9 | | as evidence at any hearing required by Section 7-2.6 of this | 10 | | Code. Any owner of record of real estate with no legal resident | 11 | | voters in any territory proposed to be detached may either sign | 12 | | the petition in person and before the circulator as described | 13 | | in Section 7-1 of this Code or return the petition with his or | 14 | | her notarized signature to be included as a petitioner. No | 15 | | person may sign a petition in the capacity of both a legal | 16 | | resident voter and owner of record. If there are no legal | 17 | | resident
voters residing within the territory proposed to be | 18 | | detached or annexed ,
then the petition must may be signed by | 19 | | all 50% of the owners of record of the real
estate of the | 20 | | territory. Petitions must contain all of the elements set forth | 21 | | in subsection (a) of Section 7-1 of this Code.
| 22 | | Where there is only one school building in an approved | 23 | | operating school
district, the building and building site may | 24 | | not be included in any
detachment proceeding unless the | 25 | | petition is signed by 2/3 of the eligible
voters within the | 26 | | entire district wherein the school is located .
|
| | | 10000HB2612ham001 | - 34 - | LRB100 06182 NHT 23056 a |
|
| 1 | | (Source: Laws 1967, p. 2540.)
| 2 | | (105 ILCS 5/7-2.5) (from Ch. 122, par. 7-2.5)
| 3 | | Sec. 7-2.5.
If no objection to the dissolution annexation | 4 | | or detachment of
territory , prayed for in a petition under | 5 | | Section 7-2.4 of this Code , is filed with
the special charter | 6 | | school district or with the regional board of school
trustees | 7 | | within 30 days after notice of the filing of such petition for
| 8 | | annexation or detachment is given to each district affected , | 9 | | the dissolution
annexation or detachment of territory takes | 10 | | effect, subject to Section
7-9 of this Code Act . However, if an | 11 | | objection to the proposed dissolution annexation or
detachment | 12 | | of territory is filed with either the special charter
district | 13 | | or the regional board of school trustees, the regional board of
| 14 | | school trustees, within 15 days after receiving the objection, | 15 | | shall
appoint 2 legal resident voters from the district or | 16 | | districts under its their
jurisdiction and involved in the | 17 | | proposed dissolution annexation or detachment of
territory, | 18 | | subject to the approval of the boards of education of the
| 19 | | districts involved in the proposed dissolution or detachment of | 20 | | territory affected , and the board or governing body of the | 21 | | special
charter district shall appoint 2 legal resident voters | 22 | | from the special charter
district. Those 4 appointees shall | 23 | | meet within 20 days of their
appointment and by a majority vote | 24 | | select 3 persons who reside outside
the jurisdiction of the | 25 | | districts involved in affected by the proposed dissolution |
| | | 10000HB2612ham001 | - 35 - | LRB100 06182 NHT 23056 a |
|
| 1 | | annexation or
detachment of territory and who have a | 2 | | demonstrated interest and
background in education. If a | 3 | | majority of the original 4 appointees
cannot agree on the | 4 | | selection of the 3 additional members within 20 days
of their | 5 | | appointment, the State Board of Education shall
select the 3 | 6 | | additional persons, subject to the same criteria as
required | 7 | | when selection is by the 4 appointees. The 4 appointees and the
| 8 | | 3 additional persons selected under this Section constitute the | 9 | | Hearing
Board and 4 members shall constitute a quorum.
| 10 | | Within 10 days after the Hearing Board has been selected | 11 | | the regional
superintendent of schools of the region in which | 12 | | the special charter
district is located shall call an | 13 | | organization meeting of said Hearing
Board.
| 14 | | (Source: P.A. 81-1508.)
| 15 | | (105 ILCS 5/7-2.6) (from Ch. 122, par. 7-2.6)
| 16 | | Sec. 7-2.6.
At its organization meeting, the Hearing Board | 17 | | shall
choose from its membership a chairman and a secretary. | 18 | | The secretary
shall cause a copy of such petition to be sent to | 19 | | the president of the school each board of each detaching or | 20 | | dissolving and annexing school district any
district involved | 21 | | in the proposed boundary change, and shall cause a
notice | 22 | | thereof to be published once in a newspaper having general
| 23 | | circulation within the area of the detaching or dissolving and | 24 | | annexing territory described in the petition
for the proposed | 25 | | change of boundaries . The petitioners shall pay the
expenses of |
| | | 10000HB2612ham001 | - 36 - | LRB100 06182 NHT 23056 a |
|
| 1 | | publishing the notice and of any transcript taken at the
| 2 | | hearing and mailing the final order . In case of an appeal from | 3 | | the decision of the Hearing Board,
the appellants shall pay the | 4 | | cost of preparing the record for appeal.
The notice must state | 5 | | when the petition was filed, the description of
the detaching | 6 | | territory or name of the dissolving district, the name of the | 7 | | annexing district , the prayer of the petition, and the day and | 8 | | time on and location in which the
hearing upon the petition | 9 | | will be held, which day may not be more than 30
15 nor less than | 10 | | 15 calendar 10 days after the publication of notice. Any | 11 | | additional
expense not enumerated above shall be borne equally | 12 | | by the school
districts involved.
| 13 | | The Hearing Board shall hear the petition and determine the
| 14 | | sufficiency thereof and may adjourn the hearing from time to | 15 | | time or
continue the matter for want of sufficient notice or | 16 | | for other good
cause. The Hearing Board (a) shall hear evidence | 17 | | as to the school needs
and conditions of the territory in the | 18 | | area within and adjacent thereto,
and as to the ability of the | 19 | | districts affected to meet the standards of
recognition as | 20 | | prescribed by the State Board of Education,
(b) shall take into | 21 | | consideration the division of funds and assets which
will | 22 | | result from any change of boundaries, and the will of the | 23 | | people of
the area affected, and (c) shall determine whether it | 24 | | is to the best
interests of the schools of the area and the | 25 | | educational welfare of the
pupils should such change in | 26 | | boundaries be granted.
|
| | | 10000HB2612ham001 | - 37 - | LRB100 06182 NHT 23056 a |
|
| 1 | | The Hearing Board may administer oaths, determine the | 2 | | admissibility
of evidence , and issue subpoenas for the | 3 | | attendance of witnesses and
subpoena duces tecum for the | 4 | | production of documents. At the hearing , any
resident in the | 5 | | territory prescribed in the petition, or any resident in
any | 6 | | detaching, dissolving, or annexing school district or any | 7 | | representative of a detaching, dissolving, or annexing school | 8 | | district affected by the proposed change of boundaries, may | 9 | | appear
in person or by attorney in support of the petition or | 10 | | to object to the
granting of the petition and may present give | 11 | | evidence in support of his or her
position through either oral | 12 | | or written testimony . At the conclusion of the hearing, the | 13 | | Hearing Board shall,
within 30 days, enter an order either | 14 | | granting or denying the petition . The Hearing Board shall | 15 | | deliver a certified copy of the order by certified mail, return | 16 | | receipt requested ,
and shall deliver to the petitioners ; the | 17 | | president of the school board of each detaching or dissolving | 18 | | and annexing district;
any person providing testimony in | 19 | | support of or opposition to the petition at the hearing; , to | 20 | | all affected districts, to any
person who has filed his or her | 21 | | appearance in writing at the hearing or to any
attorney who | 22 | | appears for any person ; , to any objector who testified at
such | 23 | | hearing, and to the regional superintendent of schools who has | 24 | | supervision and control, as defined in Section 3-14.2 of this | 25 | | Code, of each detaching or dissolving and annexing district of | 26 | | each region
in which the territory or any district affected |
| | | 10000HB2612ham001 | - 38 - | LRB100 06182 NHT 23056 a |
|
| 1 | | lies, a certified copy
of its order by registered mail . The | 2 | | Hearing Board is not required to send a copy of the Hearing | 3 | | Board's order to those attending the hearing but not | 4 | | participating. The final order shall be in writing and include | 5 | | findings of fact, conclusions of law, and the decision to grant | 6 | | or deny the petition.
| 7 | | Within 10 days after service of the certified copy of the | 8 | | order granting or denying the petition , any
person so served | 9 | | may petition for rehearing and upon sufficient cause
being | 10 | | shown, the Hearing Board may grant a rehearing . The petition | 11 | | for rehearing shall specify the reason for the request. The | 12 | | Hearing Board shall first determine whether there is sufficient | 13 | | cause for a rehearing. If so determined, then the Hearing Board | 14 | | shall allow the petition to be heard anew in its entirety in | 15 | | accordance with all procedures in this Section. The party | 16 | | requesting a rehearing shall pay the expenses of publishing the | 17 | | notice and of any transcript taken at the hearing. The filing | 18 | | of a
petition for rehearing operates as a stay of enforcement | 19 | | until the Hearing Board board
enters its final order on that | 20 | | petition for rehearing.
| 21 | | (Source: P.A. 84-551.)
| 22 | | (105 ILCS 5/7-2.7) (from Ch. 122, par. 7-2.7)
| 23 | | Sec. 7-2.7.
The decision of the Hearing Board under Section | 24 | | 7-2.6 is an
"administrative decision" as defined in Section | 25 | | 3-101 of the Code of Civil
Procedure, and any resident , who |
| | | 10000HB2612ham001 | - 39 - | LRB100 06182 NHT 23056 a |
|
| 1 | | appears at the hearings, or any
petitioner , or board of | 2 | | education entitled to receive a certified copy of the Hearing | 3 | | Board's order of any district affected, may, within 35
days | 4 | | after a copy of the decision sought to be reviewed was served | 5 | | by certified mail, return receipt requested, upon the resident, | 6 | | petitioner, or board of education,
registered mail upon the | 7 | | party affected thereby , file a complaint for
a judicial review | 8 | | of that decision in accordance with the Administrative Review | 9 | | Law and the rules adopted pursuant thereto .
The commencement of | 10 | | any action for judicial review operates as a stay of
| 11 | | enforcement, and no further proceedings must not may be had | 12 | | until final disposition
of such review. Any change in | 13 | | boundaries resulting from the proceedings
under Sections 7-2.4 | 14 | | through 7-2.7 takes effect on the date determined
pursuant to | 15 | | Section 7-9 of this Code Act .
| 16 | | (Source: P.A. 84-551.)
| 17 | | (105 ILCS 5/7-4) (from Ch. 122, par. 7-4)
| 18 | | Sec. 7-4. Requirements for granting petitions. No petition | 19 | | shall be
granted under Section 7-1 or 7-2 of this Code:
| 20 | | (a) If there will be any non-high school territory | 21 | | resulting from
the granting of the petition.
| 22 | | (b) (Blank). Unless after granting the petition any | 23 | | community unit district,
community consolidated district, | 24 | | elementary district or high school district
created shall have | 25 | | a population of at least
2,000 and an equalized assessed |
| | | 10000HB2612ham001 | - 40 - | LRB100 06182 NHT 23056 a |
|
| 1 | | valuation of at least $6,000,000 based
upon the last value as | 2 | | equalized by the Department of Revenue
as of the date of filing | 3 | | of the petition.
| 4 | | (c) Unless the territory within any district so created or | 5 | | any
district whose boundaries are affected by the granting of a | 6 | | petition
shall after the granting thereof be compact and | 7 | | contiguous, except as
provided in Section 7-6 of this Code or | 8 | | as otherwise provided in this subdivision (c). The fact that a | 9 | | district is
divided by territory lying within the corporate | 10 | | limits of the city of
Chicago shall not render it non-compact | 11 | | or non-contiguous. If, pursuant to a petition filed under | 12 | | Section 7-1 or 7-2 of this Code, all of the territory of a | 13 | | district is to be annexed to another district, then the | 14 | | annexing district and the annexed district need not be | 15 | | contiguous if the following requirements are met and documented | 16 | | within 2 calendar years prior to the petition filing date:
| 17 | | (1) the distance between each district administrative | 18 | | office is documented as no more than 30 miles; | 19 | | (2) every district contiguous to the district wishing | 20 | | to be annexed determines that it is not interested in | 21 | | participating in a petition filed under Section 7-1 or 7-2 | 22 | | of this Code, through a vote of its school board, and | 23 | | documents that non-interest in a letter to the regional | 24 | | board of school trustees containing approved minutes that | 25 | | record the school board vote; and | 26 | | (3) documentation of meeting these requirements are |
| | | 10000HB2612ham001 | - 41 - | LRB100 06182 NHT 23056 a |
|
| 1 | | presented as evidence at the hearing required under Section | 2 | | 7-6 of this Code. | 3 | | (d) (Blank). To create any school district with a | 4 | | population of less than
2,000 unless the State Board of | 5 | | Education and the regional
superintendent of schools for the | 6 | | region in which the proposed district
will lie shall certify to | 7 | | the regional board or boards of school trustees
that the | 8 | | creation of such new district will not interfere with the
| 9 | | ultimate reorganization of the territory of such proposed | 10 | | district as a
part of a district having a population of 2,000 | 11 | | or more.
Notwithstanding any other provisions of this Article, | 12 | | the granting or
approval by a regional board or regional boards | 13 | | of school trustees or by the
State Superintendent of Education | 14 | | of a petition that under subsection (b-5) of
Section 7-6 is | 15 | | required to request the submission of a proposition at a | 16 | | regular
scheduled election for the purpose of voting for or | 17 | | against the annexation of
the territory described in the | 18 | | petition to the
school district proposing to annex that | 19 | | territory is subject to, and any change
in school district | 20 | | boundaries pursuant to the granting of the petition shall
not | 21 | | be made except upon, approval of the proposition at the | 22 | | election in the
manner provided by Section 7-7.7.
| 23 | | (Source: P.A. 98-125, eff. 8-2-13.)
| 24 | | (105 ILCS 5/7-4.1) (from Ch. 122, par. 7-4.1)
| 25 | | Sec. 7-4.1. Copies of petition. Each petition submitted |
| | | 10000HB2612ham001 | - 42 - | LRB100 06182 NHT 23056 a |
|
| 1 | | under the provisions of Section 7-1 of this Code or 7-2
shall | 2 | | include proof of notice to owners of record of real estate with | 3 | | no legal resident voters in any territory proposed to be | 4 | | detached, if applicable, and be accompanied by sufficient | 5 | | copies thereof for distribution to the president of the school
| 6 | | board of each detaching or dissolving and annexing school | 7 | | district involved . The copies need not contain original | 8 | | signatures be signed by
the petitioners as is required of the | 9 | | original petition.
| 10 | | (Source: Laws 1963, p. 3037 .)
| 11 | | (105 ILCS 5/7-5) (from Ch. 122, par. 7-5)
| 12 | | Sec. 7-5. Detachment set aside upon petition. If there is a | 13 | | recognized school district which as a result of detachment
is | 14 | | without a school building, the detachment may be set aside by | 15 | | the regional county
board of school trustees of the region in | 16 | | county over which the regional county superintendent
of schools | 17 | | had supervision and control , as defined in Section 3-14.2 of | 18 | | this Code, prior to the detachment upon
petition by two-thirds | 19 | | of the eligible voters in the school district after
such | 20 | | detachment and the detached area. The regional county board of | 21 | | school trustees
shall conduct a hearing upon the petition as | 22 | | prescribed and in the manner
provided in Section 7-6 of this | 23 | | Code .
| 24 | | (Source: Laws 1961, p. 31 .)
|
| | | 10000HB2612ham001 | - 43 - | LRB100 06182 NHT 23056 a |
|
| 1 | | (105 ILCS 5/7-6) (from Ch. 122, par. 7-6)
| 2 | | Sec. 7-6. Petition filing; notice; hearing; decision.
| 3 | | (a) The secretary of the regional board of school trustees | 4 | | or his or her designee, the chief administrative officer of an | 5 | | educational service center under Section 7-04 of this Code or | 6 | | his or her designee, or the person designated by the trustees | 7 | | of schools of the township in accordance with subsection (a-10) | 8 | | of Section 7-04 of this Code, as appropriate, shall receive the | 9 | | filing of the petition, make the determination of validity in | 10 | | accordance with subsection (a) of Section 7-1 of this Section, | 11 | | publish the notice, conduct the hearing, and issue the final | 12 | | order. Upon the filing of a petition with the secretary of the | 13 | | regional board
of school trustees under the provisions of | 14 | | Section 7-1 or 7-2 of this Code,
Act the secretary shall cause | 15 | | a copy of such petition to be given to the president of the | 16 | | school
each board of each detaching or dissolving and annexing | 17 | | school any district involved in the proposed boundary change | 18 | | and
shall cause a notice thereof to be published once in a | 19 | | newspaper having
general circulation within the area of the | 20 | | detaching or dissolving and annexing territory described in the
| 21 | | petition for the proposed change of boundaries .
| 22 | | (b) (Blank). When a joint hearing is required under the | 23 | | provisions of Section
7-2, the secretary also shall cause a | 24 | | copy of the notice to be sent to the
regional board of school | 25 | | trustees of each region affected. Notwithstanding
the | 26 | | foregoing provisions of this Section, if the secretary of the |
| | | 10000HB2612ham001 | - 44 - | LRB100 06182 NHT 23056 a |
|
| 1 | | regional
board of school trustees with whom a petition is filed | 2 | | under Section 7-2 fails,
within 30 days after the filing of | 3 | | such petition, to cause notice thereof
to be published and sent | 4 | | as required by this Section, then the secretary of
the regional | 5 | | board of school trustees of any other region affected may
cause | 6 | | the required notice to be published and sent, and the joint | 7 | | hearing
may be held in any region affected as provided in the | 8 | | notice so
published.
| 9 | | (b-5) If a petition filed under subsection (a) of Section | 10 | | 7-1 of this Code or under
Section 7-2 proposes to annex all the | 11 | | territory of a school district to another
school district, the | 12 | | petition shall request the
submission of a proposition at a | 13 | | regular scheduled election for the purpose of
voting for or | 14 | | against the annexation of the
territory described in the | 15 | | petition to the school district proposing to annex
that | 16 | | territory. No petition filed or election held under this | 17 | | Article shall be
null and void, invalidated, or deemed in | 18 | | noncompliance with the Election Code
because of a failure to | 19 | | publish a notice with respect to the petition or
referendum as | 20 | | required under subsection (g) of Section 28-2 of that Code for
| 21 | | petitions that are not filed under this Article or Article 11E
| 22 | | of this Code.
| 23 | | (c) When a petition contains more than 10 signatures the | 24 | | petition shall
designate a committee of 10 of the petitioners | 25 | | as attorney in fact for all
petitioners, any 7 of whom may make | 26 | | binding stipulations on behalf of all
petitioners as to any |
| | | 10000HB2612ham001 | - 45 - | LRB100 06182 NHT 23056 a |
|
| 1 | | question with respect to the petition or hearing or
joint | 2 | | hearing , and the regional board of school trustees , or regional
| 3 | | boards of school trustees in cases of a joint hearing may | 4 | | accept such
stipulation in lieu of evidence or proof of the | 5 | | matter stipulated. The
committee of petitioners shall have the | 6 | | same power to stipulate to
accountings or waiver thereof | 7 | | between school districts; however, the
regional board of school | 8 | | trustees , or regional boards of school trustees in
cases of a | 9 | | joint hearing may refuse to accept such stipulation.
Those | 10 | | designated as the committee of 10 shall serve in that capacity | 11 | | until
such time as the regional superintendent of schools or | 12 | | the committee of 10
determines that, because of death, | 13 | | resignation, transfer of residency from the
territory, or | 14 | | failure to qualify, the office of a particular member of the
| 15 | | committee of 10 is vacant. Upon determination that a vacancy | 16 | | exists, the
remaining members shall appoint a petitioner to | 17 | | fill the designated vacancy on
the committee of 10. The | 18 | | appointment of any new members by the committee of 10
shall be | 19 | | made by a simple majority vote of the remaining designated | 20 | | members.
| 21 | | (d) The petition may be amended to withdraw not to exceed a | 22 | | total of 10%
of the territory in the petition at any time prior | 23 | | to the hearing or joint
hearing ; provided that the petition | 24 | | shall after amendment comply with the
requirements as to the | 25 | | number of signatures required on an original petition.
| 26 | | (e) The petitioners shall pay the expenses of publishing |
| | | 10000HB2612ham001 | - 46 - | LRB100 06182 NHT 23056 a |
|
| 1 | | the notice and
of any transcript taken at the hearing and | 2 | | mailing the final order or joint hearing ; and , in case of an
| 3 | | appeal from the decision of the regional board of school | 4 | | trustees , or
regional boards of school trustees in cases of a | 5 | | joint hearing, or State
Superintendent of Education in cases | 6 | | determined under subsection (l) of
this Section, the appellants | 7 | | shall pay the cost of preparing the record
for appeal. The | 8 | | regional superintendent of schools with whom the petition is | 9 | | filed may request a deposit at the time of filing to cover | 10 | | expenses as provided in this subsection (e).
| 11 | | (f) The notice shall state when the petition was filed, the | 12 | | description
of the detaching territory or name of the | 13 | | dissolving district, the name of the annexing district , the | 14 | | prayer of the petition , and the return day and time on and | 15 | | location in which
the hearing or joint hearing upon the | 16 | | petition will be held , which shall not
be more than 30 15 nor | 17 | | less than 15 calendar 10 days after the publication of notice.
| 18 | | (g) Prior to the hearing, the secretary of the regional | 19 | | board of school trustees shall submit to the regional board of | 20 | | school trustees maps showing the districts involved and a | 21 | | written report of the financial and educational conditions of | 22 | | the districts involved and the probable effect of the proposed | 23 | | changes. The reports and maps submitted must be made a part of | 24 | | the record of the proceedings of the regional board of school | 25 | | trustees. A copy of the report and maps submitted must be sent | 26 | | by the secretary of the regional board of school trustees to |
| | | 10000HB2612ham001 | - 47 - | LRB100 06182 NHT 23056 a |
|
| 1 | | the president of the school board of each detaching or | 2 | | dissolving and annexing school district not less than 5 days | 3 | | prior to the day upon which the hearing is to be held. On such | 4 | | return day or on a day to which the regional board of school
| 5 | | trustees, or regional boards of school trustees in cases of a | 6 | | joint
hearing shall continue the hearing or joint hearing the | 7 | | regional board of
school trustees, or regional boards of school | 8 | | trustees in cases of a joint
hearing shall hear the petition | 9 | | but may adjourn the hearing or joint
hearing from time to time | 10 | | or may continue the matter for want of sufficient
notice or | 11 | | other good cause.
| 12 | | (h) On the hearing day or on a day to which the regional | 13 | | board of school trustees shall continue the hearing, the | 14 | | regional board of school trustees shall hear the petition but | 15 | | may adjourn the hearing from time to time or may continue the | 16 | | matter for want of sufficient notice or other good cause. Prior | 17 | | to the hearing or joint hearing the secretary of the regional
| 18 | | board of school trustees shall submit to the regional board of | 19 | | school trustees,
or regional boards of school trustees in cases | 20 | | of a joint hearing maps showing
the districts involved, a | 21 | | written report of financial and educational
conditions of | 22 | | districts involved and the probable effect of the proposed
| 23 | | changes. The reports and maps submitted shall be made a part of | 24 | | the record of
the proceedings of the regional board of school | 25 | | trustees, or regional boards of
school trustees in cases of a | 26 | | joint hearing. A copy of the report and maps
submitted shall be |
| | | 10000HB2612ham001 | - 48 - | LRB100 06182 NHT 23056 a |
|
| 1 | | sent by the secretary of the regional board of school
trustees | 2 | | to each board of the districts involved, not less than 5 days | 3 | | prior to
the day upon which the hearing or joint hearing is to | 4 | | be held.
| 5 | | (h-5) Except for motions and briefs challenging the | 6 | | validity of a petition or otherwise challenging the | 7 | | jurisdiction of the regional board of school trustees to | 8 | | conduct a hearing on a petition and except for motions and | 9 | | briefs related to the type of evidence the regional board of | 10 | | school trustees may consider under subsection (i) of this | 11 | | Section, no other motions, pleadings, briefs, discovery | 12 | | requests, or other like documents may be filed with the | 13 | | regional board of school trustees or served on other parties, | 14 | | and the regional board of school trustees shall have no | 15 | | authority to consider such documents, except that if a legal | 16 | | issue arises during a hearing, then the regional board of | 17 | | school trustees may, at its discretion, request briefs to be | 18 | | submitted to it on that issue. | 19 | | (i) The regional board of school trustees shall
hear | 20 | | evidence as to the school needs and conditions of the
territory | 21 | | in the area within and adjacent thereto and the
effect | 22 | | detachment will have on those needs and conditions and
as to | 23 | | the ability of the detaching or dissolving and annexing school | 24 | | districts to meet the
standards of recognition as prescribed by | 25 | | the State Board of
Education, shall take into consideration the | 26 | | division of
funds and assets that will result from the change |
| | | 10000HB2612ham001 | - 49 - | LRB100 06182 NHT 23056 a |
|
| 1 | | of
boundaries, and shall determine whether it is in the best
| 2 | | interests of the schools of the area and the direct educational
| 3 | | welfare of the pupils that such change in boundaries be
| 4 | | granted. If non-high school territory is contained in
the | 5 | | petition, the normal high school attendance pattern of the
| 6 | | pupils must be taken into consideration. However, upon | 7 | | resolution by the
regional board of school trustees, the | 8 | | secretary thereof shall conduct the hearing upon any boundary | 9 | | petition and present a transcript of such
hearing to the | 10 | | trustees, who shall base their decision upon the
transcript, | 11 | | maps, and information and any presentation of
counsel. The | 12 | | regional board of school trustees or regional boards of school
| 13 | | trustees in cases of a joint hearing shall hear evidence as to | 14 | | the school
needs and conditions of the territory in the area | 15 | | within and adjacent
thereto and the effect detachment will have | 16 | | on those needs and conditions and as to the ability of the | 17 | | districts affected to meet the
standards of recognition as | 18 | | prescribed by the State Board of Education, and
shall take into | 19 | | consideration the division of funds and assets which will
| 20 | | result from the change of boundaries and shall determine | 21 | | whether it is to
the best interests of the schools of the area | 22 | | and the direct educational welfare
of the pupils that such | 23 | | change in boundaries be granted, and in case
non-high school | 24 | | territory is contained in the petition the normal high
school | 25 | | attendance pattern of the children shall be taken into
| 26 | | consideration. If the non-high school territory overlies an |
| | | 10000HB2612ham001 | - 50 - | LRB100 06182 NHT 23056 a |
|
| 1 | | elementary
district, a part of which is in a high school | 2 | | district, such territory may
be annexed to such high school | 3 | | district even though not contiguous to the
high school | 4 | | district. However, upon resolution by the regional board of
| 5 | | school trustees, or regional boards of school trustees in cases | 6 | | of a joint
hearing the secretary or secretaries thereof shall | 7 | | conduct the hearing or
joint hearing upon any boundary petition | 8 | | and present a transcript of such
hearing to the trustees who | 9 | | shall base their decision upon the transcript,
maps and | 10 | | information and any presentation of counsel. In the instance of | 11 | | a change of boundaries through detachment:
| 12 | | (1) When considering the effect the detachment will | 13 | | have on the direct educational welfare of the pupils, the | 14 | | regional board of school trustees or the regional boards of | 15 | | school trustees shall consider a comparison of the school | 16 | | report cards for the schools of the detaching and annexing | 17 | | affected districts and the school district report cards for | 18 | | the detaching and annexing affected districts only if there | 19 | | is no more than a 3% difference in the minority, | 20 | | low-income, and English learner student populations of the | 21 | | relevant schools of the districts. | 22 | | (2) The community of interest of the petitioners and | 23 | | their children and the effect detachment will have on the | 24 | | whole child may be considered only if the regional board of | 25 | | school trustees or the regional boards of school trustees | 26 | | first determines determine that there would be a |
| | | 10000HB2612ham001 | - 51 - | LRB100 06182 NHT 23056 a |
|
| 1 | | significant direct educational benefit to the petitioners' | 2 | | children if the change in boundaries were allowed. | 3 | | (3) When petitioners cite an annexing district | 4 | | attendance center or centers in the petition or during | 5 | | testimony, the regional board of school trustees or the | 6 | | regional boards of school trustees may consider the | 7 | | difference in the distances from the detaching area to the | 8 | | current attendance centers and the cited annexing district | 9 | | attendance centers only if the difference is no less than | 10 | | 10 miles shorter to one of the cited annexing district | 11 | | attendance centers than it is to the corresponding current | 12 | | attendance center. | 13 | | (4) The regional board of school trustees or the | 14 | | regional boards of school trustees may not grant a petition | 15 | | if doing so will increase the percentage of minority or | 16 | | low-income students or English learners by more than 3% at | 17 | | the attendance center where students in the detaching | 18 | | territory currently attend, provided that if the | 19 | | percentage of any one of those groups also decreases at | 20 | | that attendance center, the regional board or boards may | 21 | | grant the petition upon consideration of other factors | 22 | | under this Section and this Article. | 23 | | (5) The regional board of school trustees or the | 24 | | regional boards of school trustees may not consider whether | 25 | | changing the boundaries will increase the property values | 26 | | of the petitioners' property. |
| | | 10000HB2612ham001 | - 52 - | LRB100 06182 NHT 23056 a |
|
| 1 | | The factors in subdivisions (1) through (5) of this | 2 | | subsection (i) are applicable whether or not there are children | 3 | | residing in the petitioning area at the time the hearing is | 4 | | conducted. | 5 | | If the regional board of school trustees or the regional | 6 | | boards of school trustees grants a petition to change school | 7 | | district boundaries, then the annexing school district shall | 8 | | determine the attendance center or centers that children from | 9 | | the petitioning area shall attend. | 10 | | (j) At the hearing , or joint hearing any resident of the | 11 | | territory described
in the petition or any resident in any | 12 | | detaching, dissolving, or annexing school district or any | 13 | | representative of a detaching, dissolving, or annexing school | 14 | | district affected by the proposed change
of boundaries may | 15 | | appear in person or by an attorney in support of the
petition | 16 | | or to object to the granting of the petition and may present
| 17 | | evidence in support of his or her position through either oral | 18 | | or written testimony .
| 19 | | (k) At the conclusion of the hearing, the regional | 20 | | superintendent of schools as secretary to the regional board of | 21 | | school trustees shall, within 30 days, enter an order either | 22 | | granting or denying the petition. The regional superintendent | 23 | | of schools shall deliver a certified copy of the order by | 24 | | certified mail, return receipt requested, to the petitioners or | 25 | | committee of petitioners, as applicable; the president of the | 26 | | school board of each detaching or dissolving and annexing |
| | | 10000HB2612ham001 | - 53 - | LRB100 06182 NHT 23056 a |
|
| 1 | | district; any person providing testimony in support of or | 2 | | opposition to the petition at the hearing; and any attorney who | 3 | | appears for a person. The regional superintendent of schools | 4 | | shall also deliver a copy of the order to the regional | 5 | | superintendent of schools who has supervision and control, as | 6 | | defined in Section 3-14.2 of this Code, of the annexing | 7 | | district if different from the regional superintendent of | 8 | | schools with whom the petition was filed. The regional | 9 | | superintendent of schools is not required to send a copy of the | 10 | | regional board of school trustees' order to those attending the | 11 | | hearing but not participating. The final order shall be in | 12 | | writing and include findings of fact, conclusions of law, and | 13 | | the decision to grant or deny the petition. At the conclusion | 14 | | of the hearing, other than a joint hearing,
the regional | 15 | | superintendent of schools as ex officio member of the regional
| 16 | | board of school trustees shall within 30 days enter an order | 17 | | either
granting or denying the petition and shall deliver to | 18 | | the committee of
petitioners, if any, and any person who has | 19 | | filed his appearance in
writing at the hearing and any attorney | 20 | | who appears for any person and
any objector who testifies at | 21 | | the hearing and the regional superintendent
of schools a | 22 | | certified copy of its order.
| 23 | | (l) Notwithstanding the foregoing provisions of this | 24 | | Section, if
within 12 9 months after a petition is submitted | 25 | | under the provisions of
Section 7-1 of this Code the petition | 26 | | is not approved or denied by the regional board of
school |
| | | 10000HB2612ham001 | - 54 - | LRB100 06182 NHT 23056 a |
|
| 1 | | trustees and the order approving or denying that petition | 2 | | entered and
a copy thereof served as provided in this Section, | 3 | | petitioners the school boards or
registered voters of the | 4 | | districts affected that submitted the petition (or
the | 5 | | committee of 10, or an attorney acting on its behalf, if | 6 | | designated
in the petition) may submit a copy of the petition | 7 | | directly to the State
Superintendent of Education for approval | 8 | | or denial. The copy of the petition
as so submitted shall be | 9 | | accompanied by a record of all proceedings had with
respect to | 10 | | the petition up to the time the copy of the petition is | 11 | | submitted to
the State Superintendent of Education (including a | 12 | | copy of any notice given or
published, any certificate or other | 13 | | proof of publication, copies of any maps or
written report of | 14 | | the financial and educational conditions of the school
| 15 | | districts affected if furnished by the secretary of the | 16 | | regional board of
school trustees, copies of any amendments to | 17 | | the petition and stipulations
made, accepted or refused, a | 18 | | transcript of any hearing or part of a hearing
held, continued | 19 | | or adjourned on the petition, and any orders entered with
| 20 | | respect to the petition or any hearing held thereon). The | 21 | | petitioners school boards,
registered voters or committee of 10 | 22 | | submitting the petition and record of
proceedings to the State | 23 | | Superintendent of Education shall give written notice
by | 24 | | certified mail, return receipt requested , to the regional board | 25 | | of school
trustees and to the secretary of that board and to | 26 | | the detaching or dissolving and annexing school districts that |
| | | 10000HB2612ham001 | - 55 - | LRB100 06182 NHT 23056 a |
|
| 1 | | the petition has been
submitted to the State Superintendent of | 2 | | Education for approval or denial , and
shall furnish a copy of | 3 | | the notice so given to the State Superintendent of
Education. | 4 | | The cost of assembling the record of proceedings for submission | 5 | | to
the State Superintendent of Education shall be the | 6 | | responsibility of the petitioners that submit school
boards, | 7 | | registered voters or committee of 10 that submits the petition | 8 | | and
record of proceedings to the State Superintendent of | 9 | | Education. When a
petition is submitted to the State | 10 | | Superintendent of Education in accordance
with the provisions | 11 | | of this paragraph:
| 12 | | (1) The regional board of school trustees loses all | 13 | | jurisdiction over
the petition and shall have no further | 14 | | authority to hear, approve, deny
or otherwise act with | 15 | | respect to the petition.
| 16 | | (2) All jurisdiction over the petition and the right | 17 | | and duty to hear,
approve, deny or otherwise act with | 18 | | respect to the petition is transferred
to and shall be | 19 | | assumed and exercised by the State Superintendent of | 20 | | Education.
| 21 | | (3) The State Superintendent of Education shall not be | 22 | | required to repeat
any proceedings that were conducted in | 23 | | accordance with the provisions of
this Section prior to the | 24 | | time jurisdiction over the petition is transferred
to him, | 25 | | but the State Superintendent of Education shall be required | 26 | | to give
and publish any notices and hold or complete any |
| | | 10000HB2612ham001 | - 56 - | LRB100 06182 NHT 23056 a |
|
| 1 | | hearings that were
not given, held or completed by the | 2 | | regional board of school trustees or
its secretary as | 3 | | required by this Section prior to the time jurisdiction
| 4 | | over the petition is transferred to the State | 5 | | Superintendent of Education.
| 6 | | (4) If so directed by the State Superintendent of | 7 | | Education, the regional
superintendent of schools shall | 8 | | submit to the State Superintendent of
Education and to such | 9 | | school boards as the State Superintendent of Education
| 10 | | shall prescribe accurate maps and a written report of the | 11 | | financial and
educational conditions of the districts | 12 | | affected and the probable effect of
the proposed boundary | 13 | | changes.
| 14 | | (5) The State Superintendent is authorized to conduct | 15 | | further
hearings, or appoint a hearing officer to conduct | 16 | | further hearings,
on the petition even though a hearing | 17 | | thereon was held as provided in this
Section prior to the | 18 | | time jurisdiction over the petition is transferred to
the | 19 | | State Superintendent of Education.
| 20 | | (6) The State Superintendent of Education or the | 21 | | hearing officer shall
hear evidence and approve or deny the | 22 | | petition and shall enter an order to that
effect and | 23 | | deliver and serve the same as required in other cases to be | 24 | | done by
the regional board of school trustees and the | 25 | | regional superintendent of
schools as secretary an ex | 26 | | officio member of that board.
|
| | | 10000HB2612ham001 | - 57 - | LRB100 06182 NHT 23056 a |
|
| 1 | | (m) (Blank). Within 10 days after the conclusion of a joint | 2 | | hearing required under
the provisions of Section 7-2, each | 3 | | regional board of school trustees shall
meet together and | 4 | | render a decision with regard to the joint hearing on the
| 5 | | petition. If the regional boards of school trustees fail to | 6 | | enter a joint
order either granting or denying the petition, | 7 | | the regional superintendent
of schools for the educational | 8 | | service region in which the joint hearing is
held shall enter | 9 | | an order denying the petition, and within 30 days after the
| 10 | | conclusion of the joint hearing shall deliver a copy of the | 11 | | order denying the
petition to the regional boards of school | 12 | | trustees of each region affected,
to the committee of | 13 | | petitioners, if any, to any person who has filed his
appearance | 14 | | in writing at the hearing and to any attorney who appears for
| 15 | | any person at the joint hearing. If the regional boards of | 16 | | school trustees
enter a joint order either granting or denying | 17 | | the petition, the regional
superintendent of schools for the | 18 | | educational service region in which the
joint hearing is held | 19 | | shall, within 30 days of the conclusion of the
hearing, deliver | 20 | | a copy of the joint order to those same committees and
persons | 21 | | as are entitled to receive copies of the regional | 22 | | superintendent's
order in cases where the regional boards of | 23 | | school trustees have failed to
enter a joint order.
| 24 | | (n) Within 10 days after service of a copy of the order | 25 | | granting or
denying the petition, any person so served may | 26 | | petition for a rehearing
and, upon sufficient cause being |
| | | 10000HB2612ham001 | - 58 - | LRB100 06182 NHT 23056 a |
|
| 1 | | shown, a rehearing may be granted . The petition for rehearing | 2 | | shall specify the reason for the request. The regional board of | 3 | | school trustees shall first determine whether there is | 4 | | sufficient cause for a rehearing. If so determined, then the | 5 | | regional board of school trustees shall allow the petition to | 6 | | be heard anew in its entirety in accordance with all procedures | 7 | | in this Article. The party requesting a rehearing shall pay the | 8 | | expenses of publishing the notice and of any transcript taken | 9 | | at the hearing. The
filing of a petition for rehearing shall | 10 | | operate as a stay of enforcement
until the regional board of | 11 | | school trustees , or regional boards of school
trustees in cases | 12 | | of a joint hearing, or State Superintendent of Education
in | 13 | | cases determined under subsection (l) of this Section enters | 14 | | enter the final
order on such petition for rehearing.
| 15 | | (o) If a petition filed under subsection (a) of Section 7-1 | 16 | | or under
Section 7-2 is required under the provisions of | 17 | | subsection (b-5) of this
Section 7-6 to request submission of a | 18 | | proposition at a regular scheduled
election for the purpose of | 19 | | voting for or against the annexation of the
territory described | 20 | | in the petition to the
school district proposing to annex that | 21 | | territory, and if the petition is
granted or approved by the | 22 | | regional board or regional boards of school trustees
or by the | 23 | | State Superintendent of Education, the proposition shall be | 24 | | placed on
the ballot at the next regular scheduled election.
| 25 | | (Source: P.A. 99-475, eff. 1-1-16 .)
|
| | | 10000HB2612ham001 | - 59 - | LRB100 06182 NHT 23056 a |
|
| 1 | | (105 ILCS 5/7-7) (from Ch. 122, par. 7-7)
| 2 | | Sec. 7-7. Administrative Review Law. The decision of the | 3 | | regional board
of school trustees , or the decision of the | 4 | | regional boards of school
trustees following a joint hearing, | 5 | | or the decision of the State
Superintendent of Education in | 6 | | cases determined pursuant to subsection (l)
of Section 7-6 of | 7 | | this Code , shall be deemed an "administrative decision" as | 8 | | defined in
Section 3-101 of the Code of Civil Procedure; and | 9 | | any resident , who appears
at the hearing or any petitioner , or | 10 | | board of education entitled to receive a certified copy of the | 11 | | regional board of school trustees' order of any district
| 12 | | affected may , within 35 days after a copy of the decision | 13 | | sought to be
reviewed was served by certified mail, return | 14 | | receipt requested, registered mail upon the resident, | 15 | | petitioner, or board of education, the party affected thereby | 16 | | file
a complaint for a judicial review of such decision in | 17 | | accordance with the
Administrative Review Law and the rules | 18 | | adopted pursuant thereto. The
commencement of any action for | 19 | | judicial review shall operate as a stay of
enforcement, and no | 20 | | further proceedings shall be had until final
disposition of | 21 | | such review. If the transcript of the hearing is required to
be | 22 | | presented to another county board of school trustees the
time | 23 | | within which a complaint for review must be filed shall not | 24 | | begin to
run until the decision of the regional board of school | 25 | | trustees hearing
the petition has been granted or denied by the | 26 | | regional board of school
trustees conducting a hearing on the |
| | | 10000HB2612ham001 | - 60 - | LRB100 06182 NHT 23056 a |
|
| 1 | | transcript. The circuit court of the
county in which the | 2 | | dissolving district or detaching territory is located petition | 3 | | is filed with the regional board of school
trustees shall have | 4 | | sole jurisdiction to entertain a complaint for such
review when | 5 | | only one regional board of school trustees must act; however,
| 6 | | when the regional boards of school trustees act following a | 7 | | joint hearing,
the circuit court of the county in which the | 8 | | joint hearing on the original
petition is conducted shall have | 9 | | sole jurisdiction of the complaint for
such review . In | 10 | | instances in which the dissolving district or detaching | 11 | | territory overlies more than one county, the circuit court of | 12 | | the county where a majority of the territory of the dissolving | 13 | | district or a majority of the territory of the detaching | 14 | | territory is located shall have sole jurisdiction to entertain | 15 | | a complaint for such review.
| 16 | | (Source: P.A. 87-210.)
| 17 | | (105 ILCS 5/7-8) (from Ch. 122, par. 7-8)
| 18 | | Sec. 7-8. Limitation on successive petitions. No | 19 | | territory, nor any part thereof,
which is involved in any | 20 | | proceeding
to change the boundaries of a school district by | 21 | | detachment or dissolution from or
annexation to such school | 22 | | district of such territory, and which , after a hearing on the | 23 | | merits of the petition or referendum vote, is not so
detached | 24 | | or dissolved nor annexed , shall be again involved in | 25 | | proceedings to change the
boundaries of such school district
|
| | | 10000HB2612ham001 | - 61 - | LRB100 06182 NHT 23056 a |
|
| 1 | | for at least 2 years after final
determination of such first | 2 | | proceeding, unless during that 2-year period a
petition filed | 3 | | is substantially different than any other previously filed
| 4 | | petition during the previous 2 years or if a school district | 5 | | involved is
identified as a priority district under Section | 6 | | 2-3.25d-5 of this Code, is placed on the financial
watch list | 7 | | by the State Board of Education, or is certified as being in
| 8 | | financial difficulty during that 2-year
period or if such first | 9 | | proceeding involved a petition brought under
Section 7-2b of | 10 | | this Article 7. The 2-year period is counted beginning from the | 11 | | date of a final administrative decision after all appeal | 12 | | timelines have run, upon final court order after all appeal | 13 | | timelines have run, or upon the certification of the election | 14 | | results in the event of a dissolution. The 2-year period is 2 | 15 | | calendar years.
| 16 | | (Source: P.A. 99-193, eff. 7-30-15.)
| 17 | | (105 ILCS 5/7-9) (from Ch. 122, par. 7-9)
| 18 | | Sec. 7-9. Effective date of change. In case a petition is | 19 | | filed for the creation of or the change of
boundaries of or for | 20 | | an election to vote upon a proposition of
creating or annexing | 21 | | territory to a school district after August
1, as provided in | 22 | | this Article, and the change is granted
or the election | 23 | | carries, and no appeal is taken such change shall become
| 24 | | effective after the time for appeal has run for the purpose of | 25 | | all
elections; however, the change shall not affect the |
| | | 10000HB2612ham001 | - 62 - | LRB100 06182 NHT 23056 a |
|
| 1 | | administration of
the schools until July 1 following the date | 2 | | the petition is granted or
upon which the election is held and | 3 | | the school boards of the districts
as they existed prior to the | 4 | | change shall exercise the same power and
authority over such | 5 | | territory until such date; however, new districts
shall be | 6 | | permitted to organize and elect officers within the time
| 7 | | prescribed by the general election law. In the event that the | 8 | | granting of a petition has become final, either
through failure | 9 | | to seek Administrative Review , or by the final decision
of a | 10 | | court on review if no further appeal is taken, or upon | 11 | | certification of election results in the event of a | 12 | | dissolution , the change in boundaries shall become effective | 13 | | the following July 1
forthwith . The school boards of the | 14 | | districts as they existed prior to the change shall exercise | 15 | | the same power and authority over such territory until such | 16 | | date, unless However, if the granting of the petition becomes | 17 | | final
between September 1 and June 30 of any year, the | 18 | | administration of and
attendance at the schools shall not be | 19 | | affected until the following July
1, when the change in | 20 | | boundaries shall become effective for all
purposes. After the | 21 | | granting of a petition has become final, the date
when the | 22 | | change shall become effective for purposes of administration
| 23 | | and attendance may be accelerated or postponed by stipulation | 24 | | of each of
the school boards of each detaching or dissolving | 25 | | and annexing school district and approval affected and approved | 26 | | by the regional
board of school trustees or by the board of a |
| | | 10000HB2612ham001 | - 63 - | LRB100 06182 NHT 23056 a |
|
| 1 | | special charter district
with which the original petition is | 2 | | required to be filed.
| 3 | | (Source: P.A. 90-459, eff. 8-17-97.)
| 4 | | (105 ILCS 5/7-10) (from Ch. 122, par. 7-10)
| 5 | | Sec. 7-10. Map
showing change; filed change-Filed . Within | 6 | | 30 thirty days after the boundaries of any school district have | 7 | | been
changed , or a new district created under any of the | 8 | | provisions of this
Article the regional county superintendent | 9 | | of schools of any county involved shall
make and file with the | 10 | | county clerk or clerks of his county a map of any detaching, | 11 | | dissolving, or annexing school districts ,
involved in any | 12 | | change of boundaries or creation of a new district
whereupon | 13 | | the county clerks shall extend taxes against the territory in
| 14 | | accordance therewith ; provided : Provided that if an action to | 15 | | review such decision
under Section 7-7 of this Code is taken, | 16 | | the regional superintendent of schools County Superintendent | 17 | | of Schools shall not
file the map with the county clerk until | 18 | | after he or she is served with a
certified copy of the order of | 19 | | the final disposition of such review.
| 20 | | (Source: Laws 1961, p. 31 .)
| 21 | | (105 ILCS 5/7-10.5 new) | 22 | | Sec. 7-10.5. Teacher transfer. When dissolution and | 23 | | annexation become effective for purposes of administration and | 24 | | attendance as determined pursuant to Section 7-9 or 7-11 of |
| | | 10000HB2612ham001 | - 64 - | LRB100 06182 NHT 23056 a |
|
| 1 | | this Code, as applicable, the positions of teachers in | 2 | | contractual continued service in the district being dissolved | 3 | | are transferred to an annexing district or to annexing | 4 | | districts pursuant to the provisions of subsection (h) of | 5 | | Section 24-11 of this Code relative to teachers having | 6 | | contractual continued service status whose positions are | 7 | | transferred from one school board to the control of a different | 8 | | school board, and those said provisions of subsection (h) of | 9 | | Section 24-11 of this Code shall apply to the transferred | 10 | | teachers. In the event that the territory is added to 2 or more | 11 | | districts, the decision on which positions are to be | 12 | | transferred to which annexing districts must be made giving | 13 | | consideration to the proportionate percentage of pupils | 14 | | transferred and the annexing districts' staffing needs, and the | 15 | | transfer of specific individuals into such positions must be | 16 | | based upon the request of those teachers in order of seniority | 17 | | in the dissolving district. The contractual continued service | 18 | | status of any teacher thereby transferred to an annexing | 19 | | district is not lost and the different school board is subject | 20 | | to this Code with respect to the transferred teacher in the | 21 | | same manner as if the teacher was that district's employee and | 22 | | had been its employee during the time the teacher was actually | 23 | | employed by the school board of the dissolving district from | 24 | | which the position was transferred.
| 25 | | (105 ILCS 5/7-11) (from Ch. 122, par. 7-11)
|
| | | 10000HB2612ham001 | - 65 - | LRB100 06182 NHT 23056 a |
|
| 1 | | Sec. 7-11. Annexation of dissolved non-operating | 2 | | districts. If any school district has become dissolved as | 3 | | provided in Section 5-32 of this Code ,
or if a petition for | 4 | | dissolution is filed under subsection (b) of
Section 7-2a of | 5 | | this Code , the regional board of school trustees shall attach | 6 | | the
territory of such
dissolved district to one or more | 7 | | districts and, if the territory is added
to 2 or more | 8 | | districts, shall divide the property of the dissolved
district | 9 | | among the districts to which its territory is added, in the | 10 | | manner
provided for the division of property in case of the | 11 | | organization of a new
district from a part of another district.
| 12 | | The regional board of school trustees of the region in which | 13 | | the regional
superintendent has supervision and control, as | 14 | | defined in Section 3-14.2 of this Code, over the school | 15 | | district that is dissolved
shall have all power necessary to | 16 | | annex the territory of the dissolved
district as provided in | 17 | | this Section, including the power to attach the
territory to a | 18 | | school district under the supervision and control of the | 19 | | regional
superintendent of another educational service region | 20 | | and, in the case of Leepertown CCSD 175, the power to attach | 21 | | the territory to a non-contiguous school district if deemed in | 22 | | the best interests of the schools of the area and the | 23 | | educational welfare of the pupils involved. The annexation of
| 24 | | the territory of a dissolved school district under this Section | 25 | | shall
entitle the school districts involved in the annexation | 26 | | to payments from
the State Board of Education in the same |
| | | 10000HB2612ham001 | - 66 - | LRB100 06182 NHT 23056 a |
|
| 1 | | manner and to the same extent
authorized in the case of other | 2 | | annexations under this Article. Other
provisions of this | 3 | | Article 7 of this The School Code shall apply to and govern
| 4 | | dissolutions and annexations under this Section and Section | 5 | | 7-2a of this Code , except
that it is the intent of the General | 6 | | Assembly that in the case of conflict the
provisions of this | 7 | | Section and Section 7-2a of this Code shall control over the | 8 | | other
provisions of this Article.
| 9 | | The regional board of school trustees shall give notice of
| 10 | | a hearing, to be held not less than 50 days nor more than 70 | 11 | | days after a
school district is dissolved under Section 5-32 of | 12 | | this Code or a petition is filed
under subsection (b) of | 13 | | Section 7-2a of this Code , on
the disposition of the territory | 14 | | of such school district by publishing a
notice thereof at least | 15 | | once each week for 2 successive weeks in at least
one newspaper | 16 | | having a general circulation within the area of the territory
| 17 | | involved. At such hearing, the regional board of school | 18 | | trustees shall hear
evidence as to the school needs and | 19 | | conditions of the territory and of the
area within and adjacent | 20 | | thereto, and shall take into consideration the
educational | 21 | | welfare of the pupils of the territory and the normal high
| 22 | | school attendance pattern of the children. In the case of an | 23 | | elementary
school district, except for Leepertown CCSD 175, if | 24 | | all the eighth grade graduates of such district
customarily | 25 | | attend high school in the same high school district, the
| 26 | | regional board of school trustees shall, unless it be
|
| | | 10000HB2612ham001 | - 67 - | LRB100 06182 NHT 23056 a |
|
| 1 | | impossible because of the
restrictions of a special charter | 2 | | district, annex the territory of the
district to a contiguous | 3 | | elementary school district whose eighth grade
graduates | 4 | | customarily attend that high school, and that has an elementary
| 5 | | school building nearest to the center of the territory to be | 6 | | annexed, but
if such eighth grade graduates customarily attend | 7 | | more than one high school
the regional board of school trustees | 8 | | shall determine the
attendance pattern
of such graduates and | 9 | | divide the territory of the district among the
contiguous | 10 | | elementary districts whose graduates attend the same | 11 | | respective
high schools.
| 12 | | At the conclusion of the hearing, the regional | 13 | | superintendent of schools, as secretary to the regional board | 14 | | of school trustees, shall, within 10 days, enter an order | 15 | | detailing the annexation of the dissolved district. The | 16 | | regional superintendent of schools shall deliver a certified | 17 | | copy of the order by certified mail, return receipt requested, | 18 | | to the petitioners or committee of petitioners, as applicable; | 19 | | the president of the school board of each dissolving and | 20 | | annexing district; any person providing testimony in support of | 21 | | or opposition to the petition at the hearing; and any attorney | 22 | | who appears for any person. The regional superintendent of | 23 | | schools shall also deliver a copy of the order to the regional | 24 | | superintendent of schools who has supervision and control, as | 25 | | defined in Section 3-14.2 of this Code, of the annexing | 26 | | district, if different from the regional superintendent of |
| | | 10000HB2612ham001 | - 68 - | LRB100 06182 NHT 23056 a |
|
| 1 | | schools with whom the petition was filed. The regional | 2 | | superintendent of schools is not required to send a copy of the | 3 | | regional board of school trustees' order to those attending the | 4 | | hearing but not participating. The final order shall be in | 5 | | writing and include findings of fact, conclusions of law, and | 6 | | the annexation decision. The decision of the regional board of | 7 | | school trustees shall be The decision of the regional board of | 8 | | school trustees in
such matter shall be issued within 10 days | 9 | | after the conclusion of the
hearing and deemed an | 10 | | "administrative decision" as defined in
Section 3-101 of the
| 11 | | Code of Civil Procedure , and any resident , who appears at the | 12 | | hearing
or any petitioner , or school board entitled to receive | 13 | | a certified copy of the regional board of school trustees' | 14 | | order may , within 10 days after a copy of the decision sought
| 15 | | to be reviewed was served by certified mail, return receipt | 16 | | requested, registered mail upon the resident, petitioner, or | 17 | | school board, the party affected
thereby file a complaint for | 18 | | the judicial review of
such decision in accordance with the | 19 | | " Administrative Review Law ", and all
amendments and | 20 | | modifications thereof and the rules adopted pursuant
thereto. | 21 | | The commencement of any action for review shall operate as a | 22 | | stay
of enforcement, and no further proceedings shall be had | 23 | | until final
disposition of such review.
The final decision of | 24 | | the regional board of school trustees or of any
court upon | 25 | | judicial review shall become effective under Section 7-9 of | 26 | | this Code in the
case of a petition for dissolution filed under |
| | | 10000HB2612ham001 | - 69 - | LRB100 06182 NHT 23056 a |
|
| 1 | | subsection (b) of Section
7-2a of this Code , and a final | 2 | | decision shall become effective immediately following the
date | 3 | | no further appeal is allowable in the case of a district | 4 | | dissolved
under Section 5-32 of this Code .
| 5 | | Notwithstanding the foregoing provisions of this Section | 6 | | or any other
provision of law to the contrary, the school board | 7 | | of the Mt. Morris School
District is authorized to donate to | 8 | | the City of Mount Morris, Illinois the
school building and | 9 | | other real property used as a school site by the Mt. Morris
| 10 | | School District at the time of its dissolution, by appropriate | 11 | | resolution
adopted by the school board of the district prior to | 12 | | the dissolution of the
district; and upon the adoption of a | 13 | | resolution by the school board donating
the school building and | 14 | | school site to the City of Mount Morris, Illinois as
authorized | 15 | | by this Section, the regional board of school trustees or other
| 16 | | school officials holding legal title to the school building and | 17 | | school site so
donated shall immediately convey the same to the | 18 | | City of Mt. Morris,
Illinois.
| 19 | | (Source: P.A. 97-656, eff. 1-13-12.)
| 20 | | (105 ILCS 5/7-12) (from Ch. 122, par. 7-12)
| 21 | | Sec. 7-12. Termination of office. Upon the close of the | 22 | | then current school year during which any school
district is | 23 | | annexed to another school district under any of the provisions
| 24 | | of this Article, the terms of office of the school directors or | 25 | | board of
education members of the annexed school district shall |
| | | 10000HB2612ham001 | - 70 - | LRB100 06182 NHT 23056 a |
|
| 1 | | be terminated and
the school board of the annexing district | 2 | | shall perform all the duties and
have all the powers of the | 3 | | school board of the annexed district. The
annexing district as | 4 | | it is constituted on and after the time of such
annexation | 5 | | shall receive all the assets and assume all the obligations and
| 6 | | liabilities including the bonded indebtedness of the original | 7 | | annexing
district and of the district annexed. The tax rate for | 8 | | such assumed bonded
indebtedness shall be determined in the | 9 | | manner provided in Article 19 of
this Code Act .
| 10 | | (Source: Laws 1961, p. 31.)
| 11 | | (105 ILCS 5/7-29) (from Ch. 122, par. 7-29)
| 12 | | Sec. 7-29. Limitation on contesting boundary change. No | 13 | | Neither the People of the State of Illinois nor any person, | 14 | | corporation,
private or public, nor any association of persons | 15 | | shall commence an action
contesting either directly or | 16 | | indirectly the annexation of any territory to
a school district | 17 | | shall commence or the creation of any new school district | 18 | | unless brought within
2 calendar years after (i) the order | 19 | | annexing the territory or creating the new
district shall have | 20 | | become final in the event of a detachment or (ii) the election | 21 | | results shall have been certified in the event of a | 22 | | dissolution. Where or within 2 years after the date of the
| 23 | | election creating the new school district if no proceedings to | 24 | | contest such
election are duly instituted within the time | 25 | | permitted by law, or within
two years after the final |
| | | 10000HB2612ham001 | - 71 - | LRB100 06182 NHT 23056 a |
|
| 1 | | disposition of any proceedings which may be so
instituted to | 2 | | contest such election; however where a limitation of a
shorter | 3 | | period is prescribed by statute , such shorter limitation shall
| 4 | | apply . The , and the limitation set forth in this Section | 5 | | section shall not apply to jurisdictional challenges any
order | 6 | | where the judge, body or officer entering the order annexing | 7 | | the
territory or creating the new district did not at the time | 8 | | of the entry of
such order have jurisdiction of the subject | 9 | | matter .
| 10 | | (Source: P.A. 86-1334.)
| 11 | | (105 ILCS 5/7-31 new) | 12 | | Sec. 7-31. Applicability of amendatory Act. For any | 13 | | petition filed with the regional superintendent of schools | 14 | | under this Article prior to the effective date of this | 15 | | amendatory Act of the 100th General Assembly, including a | 16 | | petition for a rehearing pursuant to subsection (n) of Section | 17 | | 7-6 of this Code, the proposed action described in the | 18 | | petition, including all notices, hearings, administrative | 19 | | decisions, ballots, elections, and passage requirements | 20 | | relating thereto, shall proceed and be in accordance with the | 21 | | law in effect prior to the effective date of this amendatory | 22 | | Act of the 100th General Assembly. | 23 | | (105 ILCS 5/10-22.35B new) | 24 | | Sec. 10-22.35B. Title to school sites and buildings. |
| | | 10000HB2612ham001 | - 72 - | LRB100 06182 NHT 23056 a |
|
| 1 | | (a) On January 1, 1994 (the effective date of Public Act | 2 | | 88-155): (i) the legal title to all school buildings and school | 3 | | sites used or occupied for school purposes by a school district | 4 | | located in a Class I county school unit or held for the use of | 5 | | any such school district by and in the name of the regional | 6 | | board of school trustees shall vest in the school board of the | 7 | | school district, and the legal title to those school buildings | 8 | | and school sites shall be deemed transferred by operation of | 9 | | law to the school board of the school district, to be used for | 10 | | school purposes and held, sold, leased, exchanged, or otherwise | 11 | | transferred in accordance with law; and (ii) the legal title to | 12 | | all school buildings and school sites used or occupied for | 13 | | school purposes by a school district that is located in a Class | 14 | | II county school unit and that has withdrawn from the | 15 | | jurisdiction and authority of the trustees of schools of a | 16 | | township and the township treasurer under subsection (b) of | 17 | | Section 5-1 of this Code or held for the use of any such school | 18 | | district by and in the name of the regional board of school | 19 | | trustees at the time that regional board of school trustees was | 20 | | abolished by Public Act 87-969 shall vest in the school board | 21 | | of the school district, and the legal title to those school | 22 | | buildings and school sites shall be deemed transferred by | 23 | | operation of law to the school district, to be used for school | 24 | | purposes and held, sold, leased, exchanged, or otherwise | 25 | | transferred in accordance with law. | 26 | | (b) The school board of each school district to which |
| | | 10000HB2612ham001 | - 73 - | LRB100 06182 NHT 23056 a |
|
| 1 | | subsection (a) of this Section is applicable may receive any | 2 | | gift, grant, donation, or legacy made for the use of any school | 3 | | or for any school purpose within its jurisdiction and shall | 4 | | succeed to any gift, grant, donation, or legacy heretofore | 5 | | received by the regional board of school trustees, either from | 6 | | the township school trustees within their jurisdiction or from | 7 | | any other source, for the use of any school of the district | 8 | | served by the school board or for any other school purpose of | 9 | | that school district. All conveyances of real estate made to | 10 | | the school board of a school district under this Section shall | 11 | | be made to the school board in its corporate name and to its | 12 | | successors in office. | 13 | | (c) All school districts and high school districts may take | 14 | | and convey title to real estate to be improved by buildings or | 15 | | other structures for vocational or other educational training | 16 | | as provided in Section 10-23.3 of this Code. | 17 | | (d) Nothing in this Section shall be deemed to apply to any | 18 | | common school lands or lands granted or exchanged therefor or | 19 | | to the manner in which such lands are managed and controlled | 20 | | for the use and benefit of the school township and the schools | 21 | | of the township by the township land commissioners, the | 22 | | regional board of school trustees (acting as the township land | 23 | | commissioners), or the trustees of schools of the township, | 24 | | which hold legal title to those lands; and they may continue to | 25 | | receive gifts, grants, donations, or legacies made for the use | 26 | | of the school township and for the schools of the township |
| | | 10000HB2612ham001 | - 74 - | LRB100 06182 NHT 23056 a |
|
| 1 | | generally in the same manner as such gifts, grants, donations, | 2 | | or legacies were made prior to January 1, 1994.
| 3 | | (105 ILCS 5/12-24) (from Ch. 122, par. 12-24)
| 4 | | Sec. 12-24. Elimination of non-high school district.
The | 5 | | territory of the non-high school district or unit district not | 6 | | maintaining
a high school in existence on January 1, 1950 of | 7 | | any county having a
population of 500,000 or less shall be | 8 | | automatically eliminated from the
non-high school district or | 9 | | unit district, unless (1) the non-high school territory is
| 10 | | adjacent to a district created by a special Act whose | 11 | | boundaries are
required by such Act to be coterminous with some | 12 | | city or village or to a
district maintaining grades 1 through | 13 | | 12 and (2) has children in such
territory who customarily | 14 | | attend the high school of such district and
(3) has no school | 15 | | district operating grades 9 through 12 to which such
territory | 16 | | could be annexed without impairing the educational
| 17 | | opportunities of the children of such territory and in such | 18 | | case the
territory shall remain non-high school territory.
| 19 | | Any such non-high school district including any unit | 20 | | district not maintaining
a high school pursuant to the | 21 | | provisions of this Section shall pay tuition
for high school | 22 | | students at a rate to be mutually agreed by the boards of
| 23 | | education of each district affected.
| 24 | | When territory is eliminated from a non-high school | 25 | | district or unit district
not maintaining a high school it |
| | | 10000HB2612ham001 | - 75 - | LRB100 06182 NHT 23056 a |
|
| 1 | | shall
be annexed by the county board of school trustees as | 2 | | provided in Section
7-27 of this Code (now repealed) Act .
| 3 | | Any non-high school district affected by such elimination | 4 | | and
annexation may continue to exercise all previously | 5 | | conferred and existing
powers pending final administrative or | 6 | | judicial affirmance thereof.
| 7 | | (Source: P.A. 81-950.)
| 8 | | (105 ILCS 5/16-2) (from Ch. 122, par. 16-2)
| 9 | | Sec. 16-2.
Joint
use of site and building.
Whenever the | 10 | | school boards of two or more school districts have agreed
upon | 11 | | the joint use of any school site and compensation to be paid | 12 | | therefor,
and any such site has been selected in the manner | 13 | | required by law, it is
lawful for such districts to use the | 14 | | same school site and after payment of
the compensation, the | 15 | | trustees of schools of the township or regional board
of school | 16 | | trustees, as the case may be, by proper instrument in writing
| 17 | | shall declare that title to such site is held for the joint use | 18 | | of such
districts according to the terms of such agreement, and | 19 | | such districts
shall be further authorized to construct, | 20 | | maintain and use a building
jointly for the benefit of the | 21 | | inhabitants thereof.
Notwithstanding any other provisions of | 22 | | this Section:
| 23 | | (1) If legal title to the selected site is held in the name | 24 | | of the school
board of a school district that has agreed to the | 25 | | joint use of the site with
any other school districts, and if |
| | | 10000HB2612ham001 | - 76 - | LRB100 06182 NHT 23056 a |
|
| 1 | | those other school districts are also
districts
whose school | 2 | | boards, under subsection (a) of Section 10-22.35B of this Code | 3 | | 7-28 , are to hold legal
title to school buildings and school | 4 | | sites of the district, then upon the
execution of the agreement | 5 | | and payment of the compensation in accordance with
the terms of | 6 | | the agreement the school boards of the districts shall be | 7 | | deemed
to hold legal title to the site as tenants in common, | 8 | | and the required deed or
deeds of conveyance shall be executed | 9 | | and delivered by the president and
secretary or clerk of the | 10 | | school boards to reflect that legal title to the
selected site | 11 | | is held in that manner.
| 12 | | (2) If one more but not all of the school boards that are | 13 | | party to the
agreement are school boards that, under subsection | 14 | | (a) of Section 10-22.35B of this Code 7-28 , are to
hold legal | 15 | | title to the school buildings and school sites of the district, | 16 | | the
interest in the selected site of each school board that is | 17 | | to hold legal title
to the school buildings and school sites of | 18 | | the district shall be that of a
tenant in common; and the | 19 | | required deed or deeds of conveyance shall be
executed and | 20 | | delivered by the president and secretary or clerk of the | 21 | | trustees
of schools of the township, regional board of school | 22 | | trustees, township land
commissioners, or school boards, as the | 23 | | case may be, to reflect that tenancy in
common interest of the | 24 | | appropriate school board or school boards with the
trustees of | 25 | | schools of the township, regional board of school trustees or
| 26 | | township land commissioners, as the case may be, in the legal |
| | | 10000HB2612ham001 | - 77 - | LRB100 06182 NHT 23056 a |
|
| 1 | | title to the
selected site.
| 2 | | (Source: P.A. 88-155.)
| 3 | | (105 ILCS 5/32-4.6) (from Ch. 122, par. 32-4.6)
| 4 | | Sec. 32-4.6. Title, care and custody of property; | 5 | | supervision and control.
| 6 | | The title, care and custody of all schoolhouses and school | 7 | | sites
belonging to districts that are described in Section | 8 | | 32-2.11 and that are
not districts whose school boards under | 9 | | subsection (a) of Section 10-22.35B of this Code 7-28 are to
| 10 | | hold legal title to school buildings and school sites of the | 11 | | district shall
be vested in the
trustees of schools of the | 12 | | townships in which the districts are situated, but the | 13 | | supervision
and control of such schoolhouses and sites shall be | 14 | | vested in the board of
inspectors of the districts.
In all | 15 | | other cases, the legal title, care, custody and control of | 16 | | school
houses and school sites belonging to districts that are | 17 | | described in Section
32-2.11, together with the supervision and | 18 | | control of those school houses and
sites, shall be vested in | 19 | | the board of inspectors of the districts.
| 20 | | (Source: P.A. 88-155.)
| 21 | | (105 ILCS 5/7-01 rep.)
| 22 | | (105 ILCS 5/7-2 rep.)
| 23 | | (105 ILCS 5/7-13 rep.)
| 24 | | (105 ILCS 5/7-27 rep.)
|
| | | 10000HB2612ham001 | - 78 - | LRB100 06182 NHT 23056 a |
|
| 1 | | (105 ILCS 5/7-28 rep.)
| 2 | | (105 ILCS 5/7-30 rep.)
| 3 | | Section 10. The School Code is amended by repealing | 4 | | Sections 7-01, 7-2, 7-13, 7-27, 7-28, and 7-30.
| 5 | | Section 99. Effective date. This Act takes effect July 1, | 6 | | 2017.".
|
|