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90_HB2560
SEE INDEX
Amends the Election Code and the School Code. Abolishes
the regional board of school trustees in educational service
regions of fewer than 2,000,000 inhabitants effective upon
the first Monday in December, 2003. Provides that no person
shall be elected to fill the office of member of a regional
board of school trustees at any election held on or after the
amendatory Act's immediate effective date. Extends until the
first Monday in December, 2003 the term of each person
serving as a member of the regional board of school trustees
on the amendatory Act's effective date whose term is to
expire before that first Monday. Provides that if a hearing
on a petition for a change in school district boundaries has
already been commenced before but has not yet been completed
by a regional board of school trustees on the date the board
is to be abolished, the terms of the members of that board
are again extended and the board is not abolished until a
final administrative decision is reached by the regional
board of school trustees or it loses jurisdiction of the
case, whichever first occurs. Provides that the regional
superintendent of schools of an educational service region
that has fewer than 2,000,000 inhabitants and in which the
regional board of school trustees is abolished shall succeed
to all rights, powers, duties, and responsibilities exercised
by the regional board of school trustees before its
abolition, including all rights, powers, duties, and
responsibilities exercised by the former regional board of
school trustees in school boundary change proceedings.
Provides that the decision in a school boundary change
proceeding made by a regional superintendent of schools (as
successor to an abolished regional board of school trustees)
is an administrative decision for purposes of judicial review
under the Administrative Review Law. Effective immediately.
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1 AN ACT to abolish regional boards of school trustees,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Election Code is amended by changing
6 Section 2A-1.2 as follows:
7 (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
8 Sec. 2A-1.2. Consolidated Schedule of Elections -
9 Offices Designated.
10 (a) At the general election in the appropriate
11 even-numbered years, the following offices shall be filled or
12 shall be on the ballot as otherwise required by this Code:
13 (1) Elector of President and Vice President of the
14 United States;
15 (2) United States Senator and United States
16 Representative;
17 (3) State Executive Branch elected officers;
18 (4) State Senator and State Representative;
19 (5) County elected officers, including State's
20 Attorney, County Board member, County Commissioners, and
21 elected President of the County Board or County Chief
22 Executive;
23 (6) Circuit Court Clerk;
24 (7) Regional Superintendent of Schools, except in
25 counties or educational service regions in which that
26 office has been abolished;
27 (8) Judges of the Supreme, Appellate and Circuit
28 Courts, on the question of retention, to fill vacancies
29 and newly created judicial offices;
30 (9) (Blank);
31 (10) Trustee of the Metropolitan Sanitary District
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1 of Chicago, and elected Trustee of other Sanitary
2 Districts;
3 (11) Special District elected officers, not
4 otherwise designated in this Section, where the statute
5 creating or authorizing the creation of the district
6 requires an annual election and permits or requires
7 election of candidates of political parties.
8 (b) At the general primary election:
9 (1) in each even-numbered year candidates of
10 political parties shall be nominated for those offices to
11 be filled at the general election in that year, except
12 where pursuant to law nomination of candidates of
13 political parties is made by caucus.
14 (2) in the appropriate even-numbered years the
15 political party offices of State central committeeman,
16 township committeeman, ward committeeman, and precinct
17 committeeman shall be filled and delegates and alternate
18 delegates to the National nominating conventions shall be
19 elected as may be required pursuant to this Code. In the
20 even-numbered years in which a Presidential election is
21 to be held, candidates in the Presidential preference
22 primary shall also be on the ballot.
23 (3) in each even-numbered year, where the
24 municipality has provided for annual elections to elect
25 municipal officers pursuant to Section 6(f) or Section 7
26 of Article VII of the Constitution, pursuant to the
27 Illinois Municipal Code or pursuant to the municipal
28 charter, the offices of such municipal officers shall be
29 filled at an election held on the date of the general
30 primary election, provided that the municipal election
31 shall be a nonpartisan election where required by the
32 Illinois Municipal Code. For partisan municipal
33 elections in even-numbered years, a primary to nominate
34 candidates for municipal office to be elected at the
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1 general primary election shall be held on the Tuesday 6
2 weeks preceding that election.
3 (4) in each school district which has adopted the
4 provisions of Article 33 of the School Code, successors
5 to the members of the board of education whose terms
6 expire in the year in which the general primary is held
7 shall be elected.
8 (c) At the consolidated election in the appropriate
9 odd-numbered years, the following offices shall be filled:
10 (1) Municipal officers, provided that in
11 municipalities in which candidates for alderman or other
12 municipal office are not permitted by law to be
13 candidates of political parties, the runoff election
14 where required by law, or the nonpartisan election where
15 required by law, shall be held on the date of the
16 consolidated election; and provided further, in the case
17 of municipal officers provided for by an ordinance
18 providing the form of government of the municipality
19 pursuant to Section 7 of Article VII of the Constitution,
20 such offices shall be filled by election or by runoff
21 election as may be provided by such ordinance;
22 (2) Village and incorporated town library
23 directors;
24 (3) City boards of stadium commissioners;
25 (4) Commissioners of park districts;
26 (5) Trustees of public library districts;
27 (6) Special District elected officers, not
28 otherwise designated in this section, where the statute
29 creating or authorizing the creation of the district
30 permits or requires election of candidates of political
31 parties;
32 (7) Township officers, including township park
33 commissioners, township library directors, and boards of
34 managers of community buildings, and Multi-Township
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1 Assessors;
2 (8) Highway commissioners and road district clerks;
3 (9) Members of school boards in school districts
4 which adopt Article 33 of the School Code;
5 (10) The directors and chairman of the Chain O
6 Lakes - Fox River Waterway Management Agency;
7 (11) Forest preserve district commissioners elected
8 under Section 3.5 of the Downstate Forest Preserve
9 District Act;
10 (12) Elected members of school boards, school
11 trustees, directors of boards of school directors,
12 trustees of county boards of school trustees (except in
13 counties or educational service regions having a
14 population of 2,000,000 or more inhabitants) and members
15 of boards of school inspectors, except school boards in
16 school districts that adopt Article 33 of the School
17 Code;
18 (13) Members of Community College district boards;
19 (14) Trustees of Fire Protection Districts;
20 (15) Commissioners of the Springfield Metropolitan
21 Exposition and Auditorium Authority;
22 (16) Elected Trustees of Tuberculosis Sanitarium
23 Districts;
24 (17) Elected Officers of special districts not
25 otherwise designated in this Section for which the law
26 governing those districts does not permit candidates of
27 political parties.
28 (d) At the consolidated primary election in each
29 odd-numbered year, candidates of political parties shall be
30 nominated for those offices to be filled at the consolidated
31 election in that year, except where pursuant to law
32 nomination of candidates of political parties is made by
33 caucus, and except those offices listed in paragraphs (12)
34 through (17) of subsection (c).
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1 At the consolidated primary election in the appropriate
2 odd-numbered years, the mayor, clerk, treasurer, and aldermen
3 shall be elected in municipalities in which candidates for
4 mayor, clerk, treasurer, or alderman are not permitted by law
5 to be candidates of political parties, subject to runoff
6 elections to be held at the consolidated election as may be
7 required by law, and municipal officers shall be nominated in
8 a nonpartisan election in municipalities in which pursuant to
9 law candidates for such office are not permitted to be
10 candidates of political parties.
11 At the consolidated primary election in the appropriate
12 odd-numbered years, municipal officers shall be nominated or
13 elected, or elected subject to a runoff, as may be provided
14 by an ordinance providing a form of government of the
15 municipality pursuant to Section 7 of Article VII of the
16 Constitution.
17 (e) (Blank).
18 (f) At any election established in Section 2A-1.1,
19 public questions may be submitted to voters pursuant to this
20 Code and any special election otherwise required or
21 authorized by law or by court order may be conducted pursuant
22 to this Code.
23 Notwithstanding the regular dates for election of
24 officers established in this Article, whenever a referendum
25 is held for the establishment of a political subdivision
26 whose officers are to be elected, the initial officers shall
27 be elected at the election at which such referendum is held
28 if otherwise so provided by law. In such cases, the election
29 of the initial officers shall be subject to the referendum.
30 Notwithstanding the regular dates for election of
31 officials established in this Article, any community college
32 district which becomes effective by operation of law pursuant
33 to Section 6-6.1 of the Public Community College Act, as now
34 or hereafter amended, shall elect the initial district board
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1 members at the next regularly scheduled election following
2 the effective date of the new district.
3 (g) At any election established in Section 2A-1.1, if in
4 any precinct there are no offices or public questions
5 required to be on the ballot under this Code then no election
6 shall be held in the precinct on that date.
7 (h) There may be conducted a referendum in accordance
8 with the provisions of Division 6-4 of the Counties Code.
9 (Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,
10 eff. 8-9-96; 90-358, eff. 1-1-98.)
11 (10 ILCS 5/2A-50 rep.)
12 Section 10. The Election Code is amended by repealing
13 Section 2A-50.
14 Section 15. The School Code is amended by changing
15 Sections 6-1, 6-2, 6-3, 6-17, 6-18, 6-19, 6-20, 6-21, 7-01,
16 7-04, and 7-7 and adding Section 7-05 as follows:
17 (105 ILCS 5/6-1) (from Ch. 122, par. 6-1)
18 Sec. 6-1. Fractional townships of less than 200 persons.
19 Each congressional township is a township for school
20 purposes. When a fractional congressional township contains
21 fewer than 200 persons under 21 years of age and has not
22 heretofore been united with any township for school purposes
23 it is hereby attached for school purposes to the adjacent
24 congressional township having the longest territorial line
25 bordering on such fractional township, and all the provisions
26 of this Article shall apply to such united townships shall be
27 treated for school purposes the same as though they were one
28 township.
29 (Source: Laws 1961, p. 31.)
30 (105 ILCS 5/6-2) (from Ch. 122, par. 6-2)
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1 Sec. 6-2. Regional board; creation; membership; abolition
2 and transfer of duties.
3 (a) There is created a regional board of school trustees
4 for that territory in each educational service region
5 exclusive of any school district organized under Article 34
6 and exclusive of any school district whose school board has
7 been given the powers of school trustees; provided that:
8 (1) On the effective date of this amendatory Act of
9 1992 the regional board of school trustees theretofore
10 created and existing for any territory in an educational
11 service region containing 2,000,000 or more inhabitants
12 is abolished, the terms of office of all members of the
13 regional board of school trustees so abolished are
14 terminated on that effective date, and from and after
15 that effective date all rights, powers, duties, and
16 responsibilities that were vested in or required by law
17 to be exercised and performed by the former regional
18 board of school trustees shall be vested in and exercised
19 and performed by the successors to the former regional
20 board of school trustees as provided in subsection (b) of
21 this Section 6-2.
22 (2) The regional board of school trustees in each
23 educational service region containing fewer than
24 2,000,000 inhabitants is abolished effective on the first
25 Monday in December, 2003. No person shall be elected to
26 fill the office of member of a regional board of school
27 trustees at any election held on or after the effective
28 date of this amendatory Act of 1998. The term of each
29 incumbent member of a regional board of school trustees
30 serving on that effective date whose term is to expire
31 before the first Monday in December, 2003 shall be
32 extended until the first Monday in December, 2003, at
33 which time (i) the terms of all members of the regional
34 board of school trustees shall expire and (ii) the
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1 regional board of school trustees and the office of
2 member of a regional board of school trustees shall be
3 deemed abolished by operation of law. However, if a
4 petition for a change in school district boundaries is
5 filed under Article 7, a hearing on that petition before
6 a regional board of school trustees has already been
7 commenced, and the regional board of school trustees has
8 not yet rendered a final decision on the petition by the
9 date on which it is to be abolished, then the terms of
10 the members of that regional board of school trustees
11 shall again be extended, and that regional board of
12 school trustees shall not be abolished and the terms of
13 its members terminated until the regional board of school
14 trustees reaches a decision on the petition that is
15 deemed an administrative decision under Section 3-101 of
16 the Code of Civil Procedure or until the regional board
17 of school trustees loses jurisdiction over the petition
18 as provided in Section 7-6, whichever first occurs. Upon
19 abolition of the regional board of school trustees in an
20 educational service region containing fewer than
21 2,000,000 inhabitants, all rights, powers, duties, and
22 responsibilities that were vested in and required by law
23 to be performed by that former regional board of school
24 trustees shall be vested in and exercised and performed
25 by the regional superintendent of schools of that
26 educational service region as the successor to the former
27 regional board of school trustees as provided in
28 subsection (c) of this Section.
29 (a-5) Any school district whose board of education acts
30 as a board of school trustees shall continue to have within
31 its district the powers and duties that are exercised by of a
32 regional board of school trustees prior to abolition of the
33 regional boards of school trustees.
34 (a-10) Until Unless abolished as provided in this
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1 Section, the regional board of school trustees, in both
2 single county and multi-county educational service regions,
3 shall consist of 7 members. In single county regions not more
4 than one trustee may be a resident of any one congressional
5 township; however, in case there are fewer than 7
6 congressional townships in the region then not more than two
7 of such trustees may be residents of the same congressional
8 township. In 2 county regions at least 2 trustees shall be
9 residents of each county. In 3 or more county regions at
10 least one trustee shall be a resident of each county. If more
11 than 7 counties constitute the educational service region,
12 the regional board of school trustees shall consist of one
13 resident of each county. The regional board of school
14 trustees, until it is abolished as provided in this Section,
15 shall be a body politic and corporate by the name of
16 "Regional Board of School Trustees of.... County (or
17 Counties), Illinois",." Such corporation shall have perpetual
18 existence with power to sue and be sued and to plead and be
19 impleaded in all courts and places where judicial proceedings
20 are had.
21 (b) Upon the abolition of the regional board of school
22 trustees and the termination of the terms of office of the
23 members of that former regional board of school trustees in
24 an educational service region containing 2,000,000 or more
25 inhabitants as provided in paragraph (1) of subsection (a),
26 the trustees of schools of each township included within the
27 territory of that educational service region that was served
28 by the former regional board of school trustees, or if any
29 such township is a township referred to in subsection (b) of
30 Section 5-1 and there are no trustees of schools acting in
31 that township then the school board of each school district
32 located in that township, shall be the successors to the
33 former regional board of school trustees. As successors to
34 the former regional board of school trustees, the trustees of
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1 schools of each such township and the school board of each
2 such school district, with respect to all territory included
3 within the school township or school district served by the
4 trustees of schools of the township or school board, shall be
5 vested with and shall exercise and perform all rights,
6 powers, duties, and responsibilities formerly held,
7 exercised, and performed with respect to that territory by
8 the regional board of school trustees abolished under
9 paragraph (1) of subsection (a) of this Section.
10 Upon abolition of the regional board of school trustees
11 in an educational service region having 2,000,000 or more
12 inhabitants as provided in paragraph (1) of subsection (a) of
13 this Section, all books, records, maps, papers, documents,
14 equipment, supplies, accounts, deposits, and other personal
15 property belonging to or subject to the control or
16 disposition of the former regional board of school trustees
17 (excepting only such items as may have been provided by the
18 county board) shall be transferred and delivered to the
19 trustees of schools of the townships and the school boards
20 that are the successors to the former regional board of
21 school trustees for the territory included within their
22 respective school townships or school districts.
23 From and after the effective date of this amendatory Act
24 of 1992, any reference in the School Code or any other law of
25 this State to the regional board of school trustees or county
26 board of school trustees shall mean, with respect to all
27 territory within an educational service region containing
28 2,000,000 or more inhabitants that formerly was served by a
29 regional board of school trustees abolished under paragraph
30 (1) of subsection (a) of this Section, the trustees of
31 schools of the township or the school board of the school
32 district that is the successor to the former regional board
33 of school trustees with respect to the territory included
34 within that school township or school district.
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1 (c) Upon abolition of the regional board of school
2 trustees and the expiration of the terms of office of the
3 members of that regional board of school trustees in an
4 educational service region containing fewer than 2,000,000
5 inhabitants as provided in paragraph (2) of subsection (a),
6 the regional superintendent of schools of that educational
7 service region shall be the successor to that former regional
8 board of school trustees, and in that capacity:
9 (1) shall be vested with and shall exercise and
10 perform all rights, powers, duties, and responsibilities
11 formerly held, exercised, and performed with respect to
12 the territory within that educational service region by
13 the regional board of school trustees abolished under
14 paragraph (2) of subsection (a) of this Section;
15 (2) shall have, exercise, and perform, in all
16 proceedings under Article 7 to change by detachment,
17 annexation, division, dissolution, or any combination of
18 those methods the boundaries of any school district
19 located in the educational service region served by the
20 regional superintendent of schools, all powers, duties,
21 and responsibilities required under that Article to be
22 exercised and performed in those proceedings by a
23 regional board of school trustees;
24 (3) shall be entitled to receive and hold all
25 books, records, maps, papers, documents, equipment,
26 supplies, accounts, deposits, and other personal property
27 belonging to or subject to the control or disposition of
28 the former regional board of school trustees for the
29 territory of the educational service region served by the
30 regional superintendent of schools; and
31 (4) shall hold legal title to, manage, and operate
32 any remaining common school lands and township loanable
33 funds of school townships located in a county that has at
34 least 220,000 but fewer than 2,000,000 inhabitants and
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1 that forms all or part of the educational service region
2 served by the regional superintendent of schools, those
3 common school lands and township loanable funds to be
4 held and applied for the use and benefit of the
5 respective school townships by the regional
6 superintendent of schools as the successor to the former
7 regional board of school trustees when acting, prior to
8 its abolition, as the township land commissioners of
9 those townships.
10 From and after the effective date of this amendatory Act
11 of 1998, any reference in the School Code or any other law of
12 this State to the regional board of school trustees or county
13 board of school trustees shall mean, for all purposes and
14 with respect to all territory within an educational service
15 region containing fewer than 2,000,000 inhabitants, the
16 regional superintendent of schools of that educational
17 service region, as the successor to all rights, powers,
18 duties, and responsibilities of the former regional board of
19 school trustees in that educational service region; and any
20 reference in the School Code to the township land
21 commissioners in a county having at least 220,000 but fewer
22 than 2,000,000 inhabitants shall mean and refer to the
23 regional superintendent of schools of the educational service
24 region in which that county is located, as successor to the
25 former regional board of school trustees when acting, prior
26 to its abolition, as township land commissioners in that
27 county.
28 (Source: P.A. 87-969.)
29 (105 ILCS 5/6-3) (from Ch. 122, par. 6-3)
30 Sec. 6-3. Eligibility for trustee's office.
31 No person shall be eligible for appointment under Section
32 6-19 to fill a vacancy in to the office of member of the
33 regional board of school trustees who is not qualified to
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1 vote in a voter of the educational service region and
2 qualified to vote in the election for members of the regional
3 board of school trustees, or who is a member of a school
4 board, or who is a school board employee, or who holds any
5 county office.
6 (Source: P.A. 78-514.)
7 (105 ILCS 5/6-17) (from Ch. 122, par. 6-17)
8 Sec. 6-17. Election of president - Terms of members.
9 Except as otherwise provided in Section 2A-54 of the Election
10 Code, On the first Monday in May, 2000 following the first
11 election, or if such day is a holiday then the next day, the
12 regional superintendent of schools, who shall be the
13 ex-officio secretary of the board until it is abolished as
14 provided in Section 6-2, shall convene the newly elected
15 regional board of school trustees for the purpose of electing
16 organization. Except as provided in Section 2A-54 of the
17 Election Code, at this meeting the members shall elect a
18 president from among the board's members to their number who
19 shall serve as president until the regional board of trustees
20 is abolished. for a term of 2 years and shall determine by
21 lot the length of the term of each member so that 2 shall
22 serve for a term of 2 years, 2 for 4 years and 3 for 6 years
23 from the first Monday of the month following the date of
24 their election. Except as provided in Section 2A-54 of the
25 Election Code, thereafter members shall be elected to serve
26 for a term of 6 years from the first Monday of the month
27 following the date of their election or until their
28 successors are elected and qualified.
29 All succeeding meetings for the purpose of organization
30 shall be held on the first Monday in May following the
31 election; however, in case the first Monday in May is a
32 holiday the organization meeting shall be held on the next
33 day.
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1 If educational service regions are consolidated under
2 Section 3A-3 or 3A-4 of this Act and the consolidation takes
3 effect, as defined in Section 3A-5, before regional boards of
4 school trustees are to be abolished as provided in paragraph
5 (2) of subsection (a) of Section 6-2, however, the expiring
6 terms of members of each regional board of school trustees in
7 those regions being consolidated shall be extended so as to
8 terminate on the first Monday of August of the year that
9 consolidation takes effect, as defined in Section 3A-5 of
10 this Act, and, on such day, the regional superintendent of
11 schools of the consolidated region shall convene all the
12 members of each regional board of school trustees in the
13 consolidated region, and shall by lot select from among such
14 trustees a an interim regional board of school trustees for
15 the consolidated region in accord with the specifications as
16 to membership and residency in Section 6-2 to serve until the
17 regional board of school trustees is abolished as provided in
18 Section 6-2. The interim board so selected shall serve until
19 their successors are elected at the succeeding regular
20 election of regional school trustees and have qualified. A
21 single regional board of school trustees shall be elected at
22 such succeeding regular election to take office on the first
23 Monday of the month following such election. The board
24 elected for the consolidated region shall be convened on such
25 first Monday of the month following such election for
26 organizational purposes, to elect a president and determine
27 terms for its members by lot as provided in this Section. The
28 respective regional boards of school trustees of educational
29 service regions involved in consolidations under Section 3A-3
30 or 3A-4 shall cease to exist at the time the board elected
31 for the consolidated region is so organized.
32 (Source: P.A. 90-358, eff. 1-1-98.)
33 (105 ILCS 5/6-18) (from Ch. 122, par. 6-18)
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1 Sec. 6-18. Meeting dates - Place - Quorum. Until it is
2 abolished as provided in Section 6-2, the regional board of
3 school trustees shall hold regular meetings on the first
4 Monday of July, October, January and April; however, in case
5 the first Monday of any of these months falls on a legal
6 holiday the regular meeting shall be held on the next day.
7 With appropriate public notice, the board may cancel its
8 regular quarterly meeting if no issues for action have been
9 presented to the board and it has no pending business.
10 All regular meetings of the board shall be held at the
11 office of the regional superintendent.
12 Special meetings may be called by the president or by 4
13 members of the board by giving a 48-hour written notice of
14 the meeting stating the time and place of the meeting and the
15 purpose thereof. Public notice of meetings must also be
16 given as prescribed in Sections 2.02 and 2.03 of the Open
17 Meetings Act.
18 A majority of the members elected to the board shall
19 constitute a quorum. Unless otherwise provided a majority
20 vote of all the board shall be required to decide a measure.
21 (Source: P.A. 89-106, eff. 7-7-95.)
22 (105 ILCS 5/6-19) (from Ch. 122, par. 6-19)
23 Sec. 6-19. Vacancy on regional board. Any vacancy on the
24 regional board of school trustees shall be filled by the
25 remaining members from the same territory from which the
26 member in whose office the vacancy occurs was selected. The
27 person appointed to fill the vacancy shall be appointed to
28 serve by the remaining members until the regional board of
29 school trustees is abolished as provided in paragraph (2) of
30 subsection (a) of Section 6-2 next regular election for
31 members of the regional board of school trustees, when the
32 vacancy shall be filled for the unexpired time. Removal of a
33 member from the township from which such member was elected
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1 or appointed to fill a vacancy into a township which has its
2 quota of members on the board shall constitute a vacancy.
3 (Source: P.A. 80-1469.)
4 (105 ILCS 5/6-20) (from Ch. 122, par. 6-20)
5 Sec. 6-20. Expenses of members.
6 Members of the regional board of school trustees shall
7 serve without remuneration; however, until the regional board
8 of school trustees is abolished as provided in paragraph (2)
9 of subsection (a) of Section 6-2, the necessary expenses
10 including travel attendant upon any meeting of the board
11 shall be paid from the fund from which all other expenses of
12 the board are paid.
13 (Source: P.A. 78-514.)
14 (105 ILCS 5/6-21) (from Ch. 122, par. 6-21)
15 Sec. 6-21. Legal Representation. Upon request, the
16 State's Attorney of the county, other than a county of over
17 3,000,000 inhabitants, where the regional superintendent's
18 office is located shall act as the legal representative of
19 the regional board of school trustees until the abolition of
20 the regional board of school trustees as provided in Section
21 6-2; however, where matters arise which are within the
22 exclusive jurisdiction of another State's Attorney, that
23 State's Attorney shall provide legal representation.
24 (Source: P.A. 82-236.)
25 (105 ILCS 5/7-01) (from Ch. 122, par. 7-01)
26 Sec. 7-01. For purposes of this Article 7, "county board
27 of school trustees" means the regional board of school
28 trustees elected under Article 6 of this Act (or the
29 successors to a regional board of school trustees as provided
30 in Section 7-04 or 7-05), and "county" means an educational
31 service region, as determined under Article 3A of this Act.
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1 (Source: P. A. 78-514.)
2 (105 ILCS 5/7-04) (from Ch. 122, par. 7-04)
3 Sec. 7-04. Districts in educational service regions of
4 2,000,000 or more inhabitants.
5 (a) In all proceedings under this Article to change by
6 detachment, annexation, division, dissolution, or any
7 combination of those methods the boundaries of any school
8 district (other than a school district organized under
9 Article 34) located in an educational service region of
10 2,000,000 or more inhabitants in which the regional board of
11 school trustees is abolished as provided in paragraph (1) of
12 subsection (a) of Section 6-2, the trustees of schools of the
13 township in which that school district is located, as the
14 successor under subsection (b) of Section 6-2 to the former
15 regional board of school trustees with respect to all
16 territory located in that school township, shall have,
17 exercise, and perform all powers, duties, and
18 responsibilities required under this Article to be exercised
19 and performed in those proceedings by a regional board of
20 school trustees; provided that if any school district
21 affected by those proceedings is located in a school township
22 referred to in subsection (b) of Section 5-1 and there are no
23 trustees of schools acting in that township then the school
24 board of any such district, as the successor under subsection
25 (b) of Section 6-2 to the former regional board of school
26 trustees with respect to the territory comprising that school
27 district, shall have, exercise, and perform all powers,
28 duties, and responsibilities required under this Article to
29 be exercised and performed in those proceedings with respect
30 to the territory of that school district by a regional board
31 of school trustees; and provided further that: (i) when any
32 school district affected by those proceedings is located not
33 only in an educational service region of 2,000,000 or more
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1 inhabitants but also in 2 or more school townships in that
2 region that each have trustees of schools of the township,
3 then the boundaries of that school district may be changed
4 under this Article by detachment, annexation, division,
5 dissolution, or any combination of those methods only by the
6 concurrent action of, taken following a joint hearing before
7 the trustees of schools of those townships (in that
8 educational service region) in which that school district is
9 located; and (ii) if any part of the school district referred
10 to in item (i) of this subsection also lies within an
11 educational service region that has fewer than 2,000,000
12 inhabitants a regional board of school trustees, the
13 boundaries of that district may be changed under this Article
14 only by the concurrent action of, taken following a joint
15 hearing before the trustees of schools of the townships
16 referred to in item (i) of this subsection and the regional
17 board of school trustees of the educational service region
18 referred to in this item (ii) of this subsection (or,
19 following the abolition of that regional board of school
20 trustees as provided in paragraph (2) of subsection (a) of
21 Section 6-2, the regional superintendent of schools of that
22 educational service region as the successor to that former
23 regional board of school trustees). Whenever concurrent
24 action and joint hearings are required under this subsection,
25 the original petition shall be filed with the trustees of
26 schools of the township in which the territory or greatest
27 portion of the territory being detached is located, or if the
28 territory is being detached from more than one educational
29 service region then with the regional board of school
30 trustees of the region or the trustees of schools of the
31 township in which the territory or greatest portion of the
32 territory being detached is located.
33 (b) Except as otherwise provided in this Section, all
34 other provisions of this Article shall apply to any
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1 proceedings under this Article to change the boundaries of
2 any school district located in an educational service region
3 having 2,000,000 or more inhabitants in the same manner that
4 those provisions apply to any proceedings to change the
5 boundaries of any school district located in any other
6 educational service region; provided, that any reference in
7 those other provisions to the regional board of school
8 trustees shall mean, with respect to all territory within an
9 educational service region containing 2,000,000 or more
10 inhabitants that formerly was served by a regional board of
11 school trustees abolished under paragraph (1) of subsection
12 (a) of Section 6-2, the trustees of schools of the township
13 or the school board of the school district that is the
14 successor under subsection (b) of Section 6-2 to the former
15 regional board of school trustees with respect to the
16 territory included within that school township or school
17 district.
18 (Source: P.A. 87-969.)
19 (105 ILCS 5/7-05 new)
20 Sec. 7-05. Districts in educational service regions of
21 fewer than 2,000,000 inhabitants.
22 (a) In all proceedings under this Article to change by
23 detachment, annexation, division, dissolution, or any
24 combination of those methods the boundaries of any school
25 district located in an educational service region of fewer
26 than 2,000,000 inhabitants in which the regional board of
27 school trustees is abolished as provided in paragraph (2) of
28 subsection (a) of Section 6-2, the regional superintendent of
29 schools of that educational service region, as the successor
30 under subsection (c) of Section 6-2 to the former regional
31 board of school trustees with respect to all territory
32 located in that educational service region, shall have,
33 exercise, and perform all powers, duties, and
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1 responsibilities required under this Article to be exercised
2 and performed in those proceedings by a regional board of
3 school trustees. However, if any school district affected by
4 those proceedings is located in more than one educational
5 service region, the boundaries of that district may be
6 changed under this Article only by the concurrent action of,
7 taken following a joint hearing before, the regional
8 superintendent of schools of each educational service region
9 having fewer than 2,000,000 inhabitants in which any part of
10 that district is located and, if part of the territory of the
11 affected district also is located in an educational service
12 region having 2,000,000 or more inhabitants, before the
13 trustees of schools of the township in that educational
14 service region in which that part of the affected school
15 district is located or the school board of that district if
16 there are no township trustees of schools acting in that
17 township. Whenever such concurrent action and joint hearings
18 are required, the original petition shall be filed with the
19 regional superintendent of schools of the educational service
20 region in which the territory or greatest portion of the
21 territory being detached is located.
22 (b) Except as otherwise provided in this Section, all
23 other provisions of this Article shall apply to any
24 proceedings under this Article to change the boundaries of
25 any school district located in an educational service region
26 having fewer than 2,000,000 inhabitants in the same manner
27 that those provisions apply to any proceedings to change the
28 boundaries of any school district located in any other
29 educational service region. However, upon abolition of the
30 regional board of school trustees in an educational service
31 region of fewer than 2,000,000 inhabitants as provided in
32 paragraph (2) of subsection (a) of Section 6-2, any reference
33 in those other provisions to the regional board of school
34 trustees shall mean, with respect to all territory within
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1 that educational service region of fewer than 2,000,000
2 inhabitants that formerly was served by the regional board of
3 school trustees so abolished, the regional superintendent of
4 schools of that educational service region.
5 (105 ILCS 5/7-7) (from Ch. 122, par. 7-7)
6 Sec. 7-7. Administrative Review Law. The decision of the
7 regional board of school trustees, or the decision of the
8 regional boards of school trustees following a joint hearing
9 (or the decision of the successor or successors under
10 subsection (b) or (c) of Section 6-2 of such regional board
11 or boards of school trustees upon abolition of the regional
12 boards of school trustees as provided in subsection (a) of
13 Section 6-2), or the decision of the State Superintendent of
14 Education in cases determined pursuant to subsection (l) of
15 Section 7-6, shall be deemed an "administrative decision" as
16 defined in Section 3-101 of the Code of Civil Procedure; and
17 any resident who appears at the hearing or any petitioner or
18 board of education of any district affected may within 35
19 days after a copy of the decision sought to be reviewed was
20 served by registered mail upon the party affected thereby
21 file a complaint for a judicial review of such decision in
22 accordance with the Administrative Review Law and the rules
23 adopted pursuant thereto. The commencement of any action for
24 judicial review shall operate as a stay of enforcement, and
25 no further proceedings shall be had until final disposition
26 of such review. If the transcript of the hearing is required
27 to be presented to another regional county board of school
28 trustees or its successor under subsection (b) or (c) of
29 Section 6-2, the time within which a complaint for review
30 must be filed shall not begin to run until the decision of
31 the regional board of school trustees hearing the petition or
32 its successor has been granted or denied by the regional
33 board of school trustees or its successor conducting a
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1 hearing on the transcript. The circuit court of the county in
2 which the petition is filed with the regional board of school
3 trustees or with its successor under subsection (b) or (c) of
4 Section 6-2 shall have sole jurisdiction to entertain a
5 complaint for such review when only one regional board of
6 school trustees or its successor must act; however, when the
7 regional boards of school trustees or their respective
8 successors act following a joint hearing, the circuit court
9 of the county in which the joint hearing on the original
10 petition is conducted shall have sole jurisdiction of the
11 complaint for such review.
12 (Source: P.A. 87-210.)
13 (105 ILCS 5/6-4 rep.)
14 (105 ILCS 5/6-5 rep.)
15 (105 ILCS 5/6-10 rep.)
16 (105 ILCS 5/6-11 rep.)
17 (105 ILCS 5/6-12 rep.)
18 Section 20. The School Code is amended by repealing
19 Sections 6-4, 6-5, 6-10, 6-11, and 6-12.
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2
4 10 ILCS 5/2A-50 rep.
5 105 ILCS 5/6-1 from Ch. 122, par. 6-1
6 105 ILCS 5/6-2 from Ch. 122, par. 6-2
7 105 ILCS 5/6-3 from Ch. 122, par. 6-3
8 105 ILCS 5/6-17 from Ch. 122, par. 6-17
9 105 ILCS 5/6-18 from Ch. 122, par. 6-18
10 105 ILCS 5/6-19 from Ch. 122, par. 6-19
11 105 ILCS 5/6-20 from Ch. 122, par. 6-20
12 105 ILCS 5/6-21 from Ch. 122, par. 6-21
13 105 ILCS 5/7-01 from Ch. 122, par. 7-01
14 105 ILCS 5/7-04 from Ch. 122, par. 7-04
15 105 ILCS 5/7-05 new
16 105 ILCS 5/7-7 from Ch. 122, par. 7-7
17 105 ILCS 5/6-4 rep.
18 105 ILCS 5/6-5 rep.
19 105 ILCS 5/6-10 rep.
20 105 ILCS 5/6-11 rep.
21 105 ILCS 5/6-12 rep.