Full Text of HB4917 93rd General Assembly
HB4917 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4917
Introduced 02/04/04, by Calvin L. Giles SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/7-1 |
from Ch. 122, par. 7-1 |
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Amends the School Code. Makes a technical change in a Section concerning boundary changes.
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A BILL FOR
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HB4917 |
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LRB093 19583 NHT 45324 b |
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| AN ACT concerning schools.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 7-1 as follows:
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| (105 ILCS 5/7-1) (from Ch. 122, par. 7-1)
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| Sec. 7-1. Districts in one educational service region - | 8 |
| changing boundaries.
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| (a) School district boundaries lying entirely within any | 10 |
| educational
service
region may be changed by detachment, | 11 |
| annexation, division or dissolution
or any combination thereof | 12 |
| by the regional board of school trustees of that
such
region, | 13 |
| or by the State Superintendent of Education as provided in
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| subsection (l) of Section 7-6, when petitioned by the boards of | 15 |
| each
district affected or by a majority of the registered | 16 |
| voters in each
district affected or by two-thirds of the | 17 |
| registered voters in any
territory proposed to be detached from | 18 |
| one or more districts or in each of
one or more districts | 19 |
| proposed to be annexed to another district.
Registered voters | 20 |
| shall be determined by the official voter registration
lists as | 21 |
| of the date the petition is filed. No signatures shall be added
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| after the date the petition is filed. If there are no | 23 |
| registered voters
within the territory proposed to be detached | 24 |
| from one or more districts,
then the petition may be signed by | 25 |
| all of the owners of record of the real
estate of the | 26 |
| territory. Notwithstanding any other provisions of this
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| Article, if pursuant to a petition filed under this subsection | 28 |
| all of the
territory of
a school district is to be annexed to | 29 |
| another school district, any
action by the regional board of | 30 |
| school trustees or State
Superintendent of Education in | 31 |
| granting or approving the petition and any
change in school | 32 |
| district boundaries pursuant to that action is subject to and
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HB4917 |
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LRB093 19583 NHT 45324 b |
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| the change in school district boundaries shall not be made | 2 |
| except upon approval
at a regular scheduled election, in the | 3 |
| manner provided by Section 7-7.7, of a
proposition for the | 4 |
| annexation of all of the territory of that school district
to | 5 |
| the other school district.
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| Each page of the circulated petition shall include the full | 7 |
| prayer of the
petition, and each signature contained therein | 8 |
| shall match the official
signature and address of the | 9 |
| registered voters as recorded in the office
of the election | 10 |
| authority having jurisdiction over the county. Each petitioner
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| shall also record the date of his signing. Each page of the | 12 |
| petition shall
be signed by a circulator who has witnessed the | 13 |
| signature of each
petitioner on that page. The length of time | 14 |
| for signatures to be valid,
before filing of the petition, | 15 |
| shall not exceed 6 months.
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| Where there is only one school building in an approved | 17 |
| operating
district, the building and building site may not be | 18 |
| included in any
detachment proceeding unless petitioned by | 19 |
| two-thirds of the registered
voters within the entire district | 20 |
| wherein the school is located.
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| (b) Any elementary or high school district with 100 or more | 22 |
| of its
students residing upon territory located entirely within | 23 |
| a military base or
installation operated and maintained by the | 24 |
| government of the United States, or
any unit school district or | 25 |
| any combination of the above mentioned
districts with 300 or | 26 |
| more of its students residing upon territory located
entirely | 27 |
| within a military base or installation operated and maintained | 28 |
| by
the government of the United States, shall, upon the filing | 29 |
| with the
regional board of school trustees of a petition | 30 |
| adopted by resolution of
the board of education or a petition | 31 |
| signed by a majority of the registered
voters residing upon | 32 |
| such military base or installation, have all of the
territory | 33 |
| lying entirely within such military base or installation | 34 |
| detached
from such school district, and a new school district | 35 |
| comprised of such
territory shall be created. The petition | 36 |
| shall be filed with and decided
solely by the regional board of |
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HB4917 |
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LRB093 19583 NHT 45324 b |
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| school trustees of the region in which the
regional | 2 |
| superintendent of schools has supervision of the school | 3 |
| district
affected. The regional board of school trustees shall | 4 |
| have no authority to
deny the detachment and creation of a new | 5 |
| school district requested in a
proper petition filed under this | 6 |
| subsection. This subsection shall apply
only to those school | 7 |
| districts having a population of not fewer than
1,000 and not | 8 |
| more than 500,000 residents, as
ascertained by any special or | 9 |
| general census.
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| The new school district shall tuition its students to the | 11 |
| same
districts that its students were previously attending and | 12 |
| the districts
from which the new district was detached shall | 13 |
| continue to educate the
students from the new district, until | 14 |
| the federal government provides other
arrangements. The | 15 |
| federal government shall pay for the education of such
children | 16 |
| as required by Section 6 of Public Law 81-874.
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| If a school district created under this subsection (b) has | 18 |
| not elected a
school board
and has not become operational | 19 |
| within 2 years after the date of detachment,
then this
district | 20 |
| is automatically dissolved and the territory of this district | 21 |
| reverts
to the school
district from which the territory was | 22 |
| detached or any successor district
thereto. Any school district | 23 |
| created
under this
subsection (b) on or before September 1, | 24 |
| 1996 that has not elected a school
board and has
not been | 25 |
| operational since September 1, 1996 is automatically dissolved | 26 |
| on the
effective
date of this amendatory Act of 1999, and on | 27 |
| this date the territory of this
district reverts
to the school | 28 |
| district from which the territory was detached. For the
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| automatic dissolution of a school district created under this | 30 |
| subsection (b),
the
regional superintendent of schools
who has
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| supervision of the school district from which the territory was | 32 |
| detached shall
certify to
the regional board of school trustees | 33 |
| that the school district created under
this subsection
(b) has | 34 |
| been automatically dissolved.
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| (Source: P.A. 90-459, eff. 8-17-97; 91-460, eff. 8-6-99.)
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