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92_HB0325eng HB0325 Engrossed LRB9201717NTsbA 1 AN ACT concerning school district reorganization. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing 5 Sections 2-3.35, 7-1, 7-2, 7-4, 7-6, 11A-9, 18-8.2, and 6 18-8.5 as follows: 7 (105 ILCS 5/2-3.35) (from Ch. 122, par. 2-3.35) 8 Sec. 2-3.35. Department of School District Organization. 9 To establish a Department of School District Organization 10 to assist local school districts in studying school district 11 organization problems so as to improve educational 12 opportunities for the students and: 13 (1) to provide consultant service to local school 14 districts to help them determine and understand the 15 necessary quality educational program needed for the 16 youth of today, and the necessary services and resources 17 to develop and support it. 18 (2) to provide consultant service to school 19 districts that need to reorganize through consolidation, 20 joint agreements, etc., in order to provide for a quality 21 educational program. 22 (3) to provide consultant service to school 23 districts needing help to solve internal organizational 24 problems that must be solved to provide a quality 25 educational program. 26 (4) to provide information annually to the State 27 Superintendent of EducationSchool Problems Commission28 regarding progress made in improving school district 29 organization as well as school district reorganization. 30 Such factual information should provide a basis for 31 legislation to solve organizational problems for school HB0325 Engrossed -2- LRB9201717NTsbA 1 districts when they cannot or will not be solved at the 2 local school district level. 3 (5) may make area surveys of strengths and 4 weaknesses of local school districts and recommend, where 5 necessary, a course of action to meet adequate standards. 6 (6) to make grants to those school districts 7 interested in investigating the possibility of 8 reorganizing for the purpose of either consolidation or 9 annexation. A district may submit an application, on a 10 form provided by the State Board of Education, for a 11 grant in order to hire an outside consultant to conduct a 12 feasibility study. The grant shall be for one year, and 13 a copy of the completed study must be provided to the 14 State Board of Education, along with an itemized listing 15 of the costs incurred, at the end of the year. 16 (Source: Laws 1967, p. 2639.) 17 (105 ILCS 5/7-1) (from Ch. 122, par. 7-1) 18 Sec. 7-1. Districts in one educational service region - 19 changing boundaries. 20 (a) School district boundaries lying entirely within any 21 educational service region may be changed by detachment, 22 annexation, division or dissolution or any combination 23 thereof by the regional board of school trustees of such 24 region, or by the State Superintendent of Education as 25 provided in subsection (l) of Section 7-6, when petitioned by 26 the boards of each district affected or by a majority of the 27 registered voters in each district affected or by two-thirds 28 of the registered voters in any territory proposed to be 29 detached from one or more districts or in each of one or more 30 districts proposed to be annexed to another district. 31 Registered voters shall be determined by the official voter 32 registration lists as of the date the petition is filed. No 33 signatures shall be added after the date the petition is HB0325 Engrossed -3- LRB9201717NTsbA 1 filed. If there are no registered voters within the 2 territory proposed to be detached from one or more districts, 3 then the petition may be signed by all of the owners of 4 record of the real estate of the territory.Notwithstanding5any other provisions of this Article, if pursuant to a6petition filed under this subsection all of the territory of7a school district is to be annexed to another school8district, any action by the regional board of school trustees9or State Superintendent of Education in granting or approving10the petition and any change in school district boundaries11pursuant to that action is subject to and the change in12school district boundaries shall not be made except upon13approval at a regular scheduled election, in the manner14provided by Section 7-7.7, of a proposition for the15annexation of all of the territory of that school district to16the other school district.17 Each page of the circulated petition shall include the 18 full prayer of the petition, and each signature contained 19 therein shall match the official signature and address of the 20 registered voters as recorded in the office of the election 21 authority having jurisdiction over the county. Each 22 petitioner shall also record the date of his signing. Each 23 page of the petition shall be signed by a circulator who has 24 witnessed the signature of each petitioner on that page. The 25 length of time for signatures to be valid, before filing of 26 the petition, shall not exceed 6 months. 27 Where there is only one school building in an approved 28 operating district, the building and building site may not be 29 included in any detachment proceeding unless petitioned by 30 two-thirds of the registered voters within the entire 31 district wherein the school is located. 32 (b) Any elementary or high school district with 100 or 33 more of its students residing upon territory located entirely 34 within a military base or installation operated and HB0325 Engrossed -4- LRB9201717NTsbA 1 maintained by the government of the United States, or any 2 unit school district or any combination of the above 3 mentioned districts with 300 or more of its students residing 4 upon territory located entirely within a military base or 5 installation operated and maintained by the government of the 6 United States, shall, upon the filing with the regional board 7 of school trustees of a petition adopted by resolution of the 8 board of education or a petition signed by a majority of the 9 registered voters residing upon such military base or 10 installation, have all of the territory lying entirely within 11 such military base or installation detached from such school 12 district, and a new school district comprised of such 13 territory shall be created. The petition shall be filed with 14 and decided solely by the regional board of school trustees 15 of the region in which the regional superintendent of schools 16 has supervision of the school district affected. The 17 regional board of school trustees shall have no authority to 18 deny the detachment and creation of a new school district 19 requested in a proper petition filed under this subsection. 20 This subsection shall apply only to those school districts 21 having a population of not fewer than 1,000 and not more than 22 500,000 residents, as ascertained by any special or general 23 census. 24 The new school district shall tuition its students to the 25 same districts that its students were previously attending 26 and the districts from which the new district was detached 27 shall continue to educate the students from the new district, 28 until the federal government provides other arrangements. 29 The federal government shall pay for the education of such 30 children as required by Section 6 of Public Law 81-874. 31 If a school district created under this subsection (b) 32 has not elected a school board and has not become operational 33 within 2 years after the date of detachment, then this 34 district is automatically dissolved and the territory of this HB0325 Engrossed -5- LRB9201717NTsbA 1 district reverts to the school district from which the 2 territory was detached or any successor district thereto. 3 Any school district created under this subsection (b) on or 4 before September 1, 1996 that has not elected a school board 5 and has not been operational since September 1, 1996 is 6 automatically dissolved on the effective date of this 7 amendatory Act of 1999, and on this date the territory of 8 this district reverts to the school district from which the 9 territory was detached. For the automatic dissolution of a 10 school district created under this subsection (b), the 11 regional superintendent of schools who has supervision of the 12 school district from which the territory was detached shall 13 certify to the regional board of school trustees that the 14 school district created under this subsection (b) has been 15 automatically dissolved. 16 (Source: P.A. 90-459, eff. 8-17-97; 91-460, eff. 8-6-99.) 17 (105 ILCS 5/7-2) (from Ch. 122, par. 7-2) 18 Sec. 7-2. Districts in two or more counties; Change of 19 boundaries. Boundaries of existing school districts lying 20 within two or more counties may be changed by detachment, 21 annexation, division, dissolution or any combination thereof 22 by the concurrent action of, taken following a joint hearing 23 before, the regional boards of school trustees of each region 24 affected. For purposes of this Section and Section 7-6, an 25 educational service region shall be deemed to be a region 26 affected if any portion of the territory which the petition 27 seeks to have detached from any school district is located in 28 the region. The petition may be by the boards of each 29 district affected, or by a majority of the legal voters 30 residing in each district affected, or by two-thirds of the 31 legal voters residing in any territory proposed to be 32 detached from one or more districts or in each of one or more 33 districts proposed to be annexed to another district. The HB0325 Engrossed -6- LRB9201717NTsbA 1 original petition shall be filed with the regional board of 2 school trustees of the region in which the territory being 3 detached is located or if territory is being detached from 4 more than one region then the petition shall be filed with 5 the regional board of school trustees of the region in which 6 the regional superintendent has supervision over the greatest 7 portion of such territory. A certified true copy of the 8 petition shall be filed with the regional board of school 9 trustees of each other region affected.Notwithstanding any10other provisions of this Article, if pursuant to a petition11filed under this Section all of the territory of a school12district is to be annexed to another school district, any13action by the regional boards of school trustees in granting14the petition and any changes in school district boundaries15pursuant to that action is subject to and the change in16school district boundaries shall not be made except upon17approval at a regular scheduled election, in the manner18provided by Section 7-7.7, of a proposition for the19annexation of all of the territory of that school district to20the other school district.21 The regional board of school trustees in whose region the 22 joint hearing on the original petition is conducted shall 23 send a certified true copy of the transcript of the hearing 24 to each other region affected. If there are no legal voters 25 residing within the territory proposed to be detached from 26 one or more districts, then the petition may be signed by all 27 of the owners of record of the real estate of the territory. 28 The annexing district is that district to which territory is 29 proposed to be added. 30 Where there is only one school building in an approved 31 operating district, the building and building site may not be 32 included in any detachment proceeding unless petitioned by 33 two-thirds of the eligible voters within the entire district 34 wherein the school is located. HB0325 Engrossed -7- LRB9201717NTsbA 1 After September 23, 1983, no petition shall be filed 2 under Sections 7-1 and 7-2 to form a new school district 3 under this Article except that such a petition may be filed 4 under Section 7-1 to form a new school district where the 5 boundaries of such new school district lie entirely within 6 the boundaries of a military base or installation operated 7 and maintained by the government of the United States. 8 (Source: P.A. 90-459, eff. 8-17-97.) 9 (105 ILCS 5/7-4) (from Ch. 122, par. 7-4) 10 Sec. 7-4. Requirements for granting petitions. No 11 petition shall be granted under Sections 7-1 or 7-2 of this 12 Act: 13 (a) If there will be any non-high school territory 14 resulting from the granting of the petition. 15 (b) Unless after granting the petition any community 16 unit district, community consolidated district, elementary 17 district or high school district created shall have a 18 population of at least 2,000 and an equalized assessed 19 valuation of at least $6,000,000 based upon the last value as 20 equalized by the Department of Revenue as of the date of 21 filing of the petition. 22 (c) Unless the territory within any district so created 23 or any district whose boundaries are affected by the granting 24 of a petition shall after the granting thereof be compact and 25 contiguous except as provided in Section 7-6 of this Act. 26 The fact that a district is divided by territory lying within 27 the corporate limits of the city of Chicago shall not render 28 it non-compact or non-contiguous. 29 (d) To create any school district with a population of 30 less than 2,000 unless the State Board of Education and the 31 regional superintendent of schools for the region in which 32 the proposed district will lie shall certify to the regional 33 board or boards of school trustees that the creation of such HB0325 Engrossed -8- LRB9201717NTsbA 1 new district will not interfere with the ultimate 2 reorganization of the territory of such proposed district as 3 a part of a district having a population of 2,000 or more. 4Notwithstanding any other provisions of this Article, the5granting or approval by a regional board or regional boards6of school trustees or by the State Superintendent of7Education of a petition that under subsection (b-5) of8Section 7-6 is required to request the submission of a9proposition at a regular scheduled election for the purpose10of voting for or against the annexation of the territory11described in the petition to the school district proposing to12annex that territory is subject to, and any change in school13district boundaries pursuant to the granting of the petition14shall not be made except upon, approval of the proposition at15the election in the manner provided by Section 7-7.7.16 (Source: P.A. 89-397, eff. 8-20-95; 90-459, eff. 8-17-97.) 17 (105 ILCS 5/7-6) (from Ch. 122, par. 7-6) 18 Sec. 7-6. Petition filing; Notice; Hearing; Decision. 19 (a) Upon the filing of a petition with the secretary of 20 the regional board of school trustees under the provisions of 21 Section 7-1 or 7-2 of this Act the secretary shall cause a 22 copy of such petition to be given to each board of any 23 district involved in the proposed boundary change and shall 24 cause a notice thereof to be published once in a newspaper 25 having general circulation within the area of the territory 26 described in the petition for the proposed change of 27 boundaries. 28 (b) When a joint hearing is required under the 29 provisions of Section 7-2, the secretary also shall cause a 30 copy of the notice to be sent to the regional board of school 31 trustees of each region affected. Notwithstanding the 32 foregoing provisions of this Section, if the secretary of the 33 regional board of school trustees with whom a petition is HB0325 Engrossed -9- LRB9201717NTsbA 1 filed under Section 7-2 fails, within 30 days after the 2 filing of such petition, to cause notice thereof to be 3 published and sent as required by this Section, then the 4 secretary of the regional board of school trustees of any 5 other region affected may cause the required notice to be 6 published and sent, and the joint hearing may be held in any 7 region affected as provided in the notice so published. 8 (b-5) (Blank).If a petition filed under subsection (a)9of Section 7-1 or under Section 7-2 proposes to annex all the10territory of a school district to another school district,11the petition shall request the submission of a proposition at12a regular scheduled election for the purpose of voting for or13against the annexation of the territory described in the14petition to the school district proposing to annex that15territory. No petition filed or election held under this16Article shall be null and void, invalidated, or deemed in17noncompliance with the Election Code because of a failure to18publish a notice with respect to the petition or referendum19as required under subsection (g) of Section 28-2 of that Code20for petitions that are not filed under this Article or21Article 7A, 11A, 11B, or 11D of the School Code.22 (c) When a petition contains more than 10 signatures the 23 petition shall designate a committee of 10 of the petitioners 24 as attorney in fact for all petitioners, any 7 of whom may 25 make binding stipulations on behalf of all petitioners as to 26 any question with respect to the petition or hearing or joint 27 hearing, and the regional board of school trustees, or 28 regional boards of school trustees in cases of a joint 29 hearing may accept such stipulation in lieu of evidence or 30 proof of the matter stipulated. The committee of petitioners 31 shall have the same power to stipulate to accountings or 32 waiver thereof between school districts; however, the 33 regional board of school trustees, or regional boards of 34 school trustees in cases of a joint hearing may refuse to HB0325 Engrossed -10- LRB9201717NTsbA 1 accept such stipulation. Those designated as the committee of 2 10 shall serve in that capacity until such time as the 3 regional superintendent of schools or the committee of 10 4 determines that, because of death, resignation, transfer of 5 residency from the territory, or failure to qualify, the 6 office of a particular member of the committee of 10 is 7 vacant. Upon determination that a vacancy exists, the 8 remaining members shall appoint a petitioner to fill the 9 designated vacancy on the committee of 10. The appointment 10 of any new members by the committee of 10 shall be made by a 11 simple majority vote of the remaining designated members. 12 (d) The petition may be amended to withdraw not to 13 exceed a total of 10% of the territory in the petition at any 14 time prior to the hearing or joint hearing; provided that the 15 petition shall after amendment comply with the requirements 16 as to the number of signatures required on an original 17 petition. 18 (e) The petitioners shall pay the expenses of publishing 19 the notice and of any transcript taken at the hearing or 20 joint hearing; and in case of an appeal from the decision of 21 the regional board of school trustees, or regional boards of 22 school trustees in cases of a joint hearing, or State 23 Superintendent of Education in cases determined under 24 subsection (l) of this Section, the appellants shall pay the 25 cost of preparing the record for appeal. 26 (f) The notice shall state when the petition was filed, 27 the description of the territory, the prayer of the petition 28 and the return day on which the hearing or joint hearing upon 29 the petition will be held which shall not be more than 15 nor 30 less than 10 days after the publication of notice. 31 (g) On such return day or on a day to which the regional 32 board of school trustees, or regional boards of school 33 trustees in cases of a joint hearing shall continue the 34 hearing or joint hearing the regional board of school HB0325 Engrossed -11- LRB9201717NTsbA 1 trustees, or regional boards of school trustees in cases of a 2 joint hearing shall hear the petition but may adjourn the 3 hearing or joint hearing from time to time or may continue 4 the matter for want of sufficient notice or other good cause. 5 (h) Prior to the hearing or joint hearing the secretary 6 of the regional board of school trustees shall submit to the 7 regional board of school trustees, or regional boards of 8 school trustees in cases of a joint hearing maps showing the 9 districts involved, a written report of financial and 10 educational conditions of districts involved and the probable 11 effect of the proposed changes. The reports and maps 12 submitted shall be made a part of the record of the 13 proceedings of the regional board of school trustees, or 14 regional boards of school trustees in cases of a joint 15 hearing. A copy of the report and maps submitted shall be 16 sent by the secretary of the regional board of school 17 trustees to each board of the districts involved, not less 18 than 5 days prior to the day upon which the hearing or joint 19 hearing is to be held. 20 (i) The regional board of school trustees, or regional 21 boards of school trustees in cases of a joint hearing shall 22 hear evidence as to the school needs and conditions of the 23 territory in the area within and adjacent thereto and as to 24 the ability of the districts affected to meet the standards 25 of recognition as prescribed by the State Board of Education, 26 and shall take into consideration the division of funds and 27 assets which will result from the change of boundaries and 28 shall determine whether it is to the best interests of the 29 schools of the area and the educational welfare of the pupils 30 that such change in boundaries be granted, and in case 31 non-high school territory is contained in the petition the 32 normal high school attendance pattern of the children shall 33 be taken into consideration. If the non-high school territory 34 overlies an elementary district, a part of which is in a high HB0325 Engrossed -12- LRB9201717NTsbA 1 school district, such territory may be annexed to such high 2 school district even though not contiguous to the high school 3 district. However, upon resolution by the regional board of 4 school trustees, or regional boards of school trustees in 5 cases of a joint hearing the secretary or secretaries thereof 6 shall conduct the hearing or joint hearing upon any boundary 7 petition and present a transcript of such hearing to the 8 trustees who shall base their decision upon the transcript, 9 maps and information and any presentation of counsel. 10 (j) At the hearing or joint hearing any resident of the 11 territory described in the petition or any resident in any 12 district affected by the proposed change of boundaries may 13 appear in person or by an attorney in support of the petition 14 or to object to the granting of the petition and may present 15 evidence in support of his position. 16 (k) At the conclusion of the hearing, other than a joint 17 hearing, the regional superintendent of schools as ex officio 18 member of the regional board of school trustees shall within 19 30 days enter an order either granting or denying the 20 petition and shall deliver to the committee of petitioners, 21 if any, and any person who has filed his appearance in 22 writing at the hearing and any attorney who appears for any 23 person and any objector who testifies at the hearing and the 24 regional superintendent of schools a certified copy of its 25 order. 26 (l) Notwithstanding the foregoing provisions of this 27 Section, if within 9 months after a petition is submitted 28 under the provisions of Section 7-1 the petition is not 29 approved or denied by the regional board of school trustees 30 and the order approving or denying that petition entered and 31 a copy thereof served as provided in this Section, the school 32 boards or registered voters of the districts affected that 33 submitted the petition (or the committee of 10, or an 34 attorney acting on its behalf, if designated in the petition) HB0325 Engrossed -13- LRB9201717NTsbA 1 may submit a copy of the petition directly to the State 2 Superintendent of Education for approval or denial. The copy 3 of the petition as so submitted shall be accompanied by a 4 record of all proceedings had with respect to the petition up 5 to the time the copy of the petition is submitted to the 6 State Superintendent of Education (including a copy of any 7 notice given or published, any certificate or other proof of 8 publication, copies of any maps or written report of the 9 financial and educational conditions of the school districts 10 affected if furnished by the secretary of the regional board 11 of school trustees, copies of any amendments to the petition 12 and stipulations made, accepted or refused, a transcript of 13 any hearing or part of a hearing held, continued or adjourned 14 on the petition, and any orders entered with respect to the 15 petition or any hearing held thereon). The school boards, 16 registered voters or committee of 10 submitting the petition 17 and record of proceedings to the State Superintendent of 18 Education shall give written notice by certified mail, return 19 receipt requested to the regional board of school trustees 20 and to the secretary of that board that the petition has been 21 submitted to the State Superintendent of Education for 22 approval or denial, and shall furnish a copy of the notice so 23 given to the State Superintendent of Education. The cost of 24 assembling the record of proceedings for submission to the 25 State Superintendent of Education shall be the responsibility 26 of the school boards, registered voters or committee of 10 27 that submits the petition and record of proceedings to the 28 State Superintendent of Education. When a petition is 29 submitted to the State Superintendent of Education in 30 accordance with the provisions of this paragraph: 31 (1) The regional board of school trustees loses all 32 jurisdiction over the petition and shall have no further 33 authority to hear, approve, deny or otherwise act with 34 respect to the petition. HB0325 Engrossed -14- LRB9201717NTsbA 1 (2) All jurisdiction over the petition and the 2 right and duty to hear, approve, deny or otherwise act 3 with respect to the petition is transferred to and shall 4 be assumed and exercised by the State Superintendent of 5 Education. 6 (3) The State Superintendent of Education shall not 7 be required to repeat any proceedings that were conducted 8 in accordance with the provisions of this Section prior 9 to the time jurisdiction over the petition is transferred 10 to him, but the State Superintendent of Education shall 11 be required to give and publish any notices and hold or 12 complete any hearings that were not given, held or 13 completed by the regional board of school trustees or its 14 secretary as required by this Section prior to the time 15 jurisdiction over the petition is transferred to the 16 State Superintendent of Education. 17 (4) If so directed by the State Superintendent of 18 Education, the regional superintendent of schools shall 19 submit to the State Superintendent of Education and to 20 such school boards as the State Superintendent of 21 Education shall prescribe accurate maps and a written 22 report of the financial and educational conditions of the 23 districts affected and the probable effect of the 24 proposed boundary changes. 25 (5) The State Superintendent is authorized to 26 conduct further hearings, or appoint a hearing officer to 27 conduct further hearings, on the petition even though a 28 hearing thereon was held as provided in this Section 29 prior to the time jurisdiction over the petition is 30 transferred to the State Superintendent of Education. 31 (6) The State Superintendent of Education or the 32 hearing officer shall hear evidence and approve or deny 33 the petition and shall enter an order to that effect and 34 deliver and serve the same as required in other cases to HB0325 Engrossed -15- LRB9201717NTsbA 1 be done by the regional board of school trustees and the 2 regional superintendent of schools as an ex officio 3 member of that board. 4 (m) Within 10 days after the conclusion of a joint 5 hearing required under the provisions of Section 7-2, each 6 regional board of school trustees shall meet together and 7 render a decision with regard to the joint hearing on the 8 petition. If the regional boards of school trustees fail to 9 enter a joint order either granting or denying the petition, 10 the regional superintendent of schools for the educational 11 service region in which the joint hearing is held shall enter 12 an order denying the petition, and within 30 days after the 13 conclusion of the joint hearing shall deliver a copy of the 14 order denying the petition to the regional boards of school 15 trustees of each region affected, to the committee of 16 petitioners, if any, to any person who has filed his 17 appearance in writing at the hearing and to any attorney who 18 appears for any person at the joint hearing. If the regional 19 boards of school trustees enter a joint order either granting 20 or denying the petition, the regional superintendent of 21 schools for the educational service region in which the joint 22 hearing is held shall, within 30 days of the conclusion of 23 the hearing, deliver a copy of the joint order to those same 24 committees and persons as are entitled to receive copies of 25 the regional superintendent's order in cases where the 26 regional boards of school trustees have failed to enter a 27 joint order. 28 (n) Within 10 days after service of a copy of the order 29 granting or denying the petition, any person so served may 30 petition for a rehearing and, upon sufficient cause being 31 shown, a rehearing may be granted. The filing of a petition 32 for rehearing shall operate as a stay of enforcement until 33 the regional board of school trustees, or regional boards of 34 school trustees in cases of a joint hearing, or State HB0325 Engrossed -16- LRB9201717NTsbA 1 Superintendent of Education in cases determined under 2 subsection (l) of this Section enter the final order on such 3 petition for rehearing. 4 (o) (Blank).If a petition filed under subsection (a) of5Section 7-1 or under Section 7-2 is required under the6provisions of subsection (b-5) of this Section 7-6 to request7submission of a proposition at a regular scheduled election8for the purpose of voting for or against the annexation of9the territory described in the petition to the school10district proposing to annex that territory, and if the11petition is granted or approved by the regional board or12regional boards of school trustees or by the State13Superintendent of Education, the proposition shall be placed14on the ballot at the next regular scheduled election.15 (Source: P.A. 90-459, eff. 8-17-97.) 16 (105 ILCS 5/11A-9) (from Ch. 122, par. 11A-9) 17 Sec. 11A-9. Tax levy. The board of education of a 18 community unit district may levy taxes for educational, 19 operations and maintenance and the purchase and improvements 20 of school grounds, pupil transportation, and fire prevention 21 and safety purposes, respectively, at not exceeding the rates 22 specified in the petition, which rates may thereafter be 23 increased or decreased in the same manner and within the 24 limits provided by Sections 17-2 through 17-7. The board of 25 education may further levy taxes for other purposes as 26 generally permitted by law, provided that a community unit 27 district that is formed by combining one or more elementary 28 districts and one or more high school districts may levy an 29 annual tax for working cash purposes at a rate not to exceed 30 0.10% and may levy an annual tax for leasing educational 31 facilities or computer technology or both at a rate not to 32 exceed 0.10%, notwithstanding the limits otherwise provided 33 in this Code. HB0325 Engrossed -17- LRB9201717NTsbA 1 If the election of the board of education of the new 2 district occurs at the general election or the nonpartisan 3 election and the board of education makes its initial levy in 4 that same year, the county clerk shall extend such levy 5 notwithstanding any other law which requires the adoption of 6 a budget before the clerk may extend such levy. 7 If the election of the board of education of the new 8 district does not occur in the same calendar year that the 9 proposition to create the new district is approved, the 10 districts from which the new district is formed, by joint 11 agreement and with the approval of the regional 12 superintendent, shall be permitted to levy in the same 13 calendar year in which the creation of the new district is 14 approved at the rates specified in the petition. The county 15 clerks shall extend any such levy notwithstanding any law 16 that requires adoption of a budget before extension of the 17 levy. 18 (Source: P.A. 87-10; 87-1215; 88-686, eff. 1-24-95.) 19 (105 ILCS 5/18-8.2) (from Ch. 122, par. 18-8.2) 20 Sec. 18-8.2. Supplementary State aid for new and for 21 certain annexing districts. 22 (a) After the formation of a new district or cooperative 23 high school under Section 10-22.22c of this Code, a 24 computation shall be made to determine the difference between 25 the salaries effective in each of the previously existing 26 districts on June 30, prior to the creation of the new 27 district or cooperative high school. For the first 4 years 28 after the formation of the new district or cooperative high 29 school or if the new district was formed after October 31, 30 1982 and prior to the effective date of this amendatory Act 31 of 1985, for the 3 years immediately following such effective 32 date, a supplementary State aid reimbursement shall be paid 33 to the new district or governing board of the cooperative HB0325 Engrossed -18- LRB9201717NTsbA 1 high school equal to the difference between the sum of the 2 salaries earned by each of the certificated members of the 3 new district or each of the certified employees employed by 4 the governing board of the cooperative high school while 5 employed in one of the previously existing districts or one 6 of the cooperating districts during the year immediately 7 preceding the formation of the new district or cooperative 8 high school and the sum of the salaries those certificated 9 members would have been paid during the year immediately 10 prior to the formation of the new district if placed on the 11 salary schedule of the previously existing or cooperating 12 district with the highest salary schedule. 13 (b) After the territory of one or more school districts 14 is annexed by one or more other school districts, or after 15 the division (pursuant to petition under Section 11A-2) of a 16 unit school district or districts into 2 or more parts which 17 all are included in 2 or more other community unit districts 18 resulting upon that division, a computation shall be made to 19 determine the difference between the salaries effective in 20 each such annexed or divided district and in the annexing or 21 resulting district or districts as they each were constituted 22 on June 30 preceding the date when the change of boundaries 23 attributable to such annexation or division became effective 24 for all purposes as determined under Section 7-9, 7A-8 or 25 11A-10. For the first 4 years after any such annexation or 26 division, a supplementary State aid reimbursement shall be 27 paid to each annexing or resulting district as constituted 28 after the annexation or division equal to the difference 29 between the sum of the salaries earned by each of the 30 certificated members of such annexing or resulting district 31 as constituted after the annexation or division while 32 employed in an annexed or annexing district, or in a divided 33 or resulting district, during the year immediately preceding 34 the annexation or division, and the sum of the salaries those HB0325 Engrossed -19- LRB9201717NTsbA 1 certificated members would have been paid during such 2 immediately preceding year if placed on the salary schedule 3 of whichever of such annexing or annexed districts, or 4 resulting or divided districts, had the highest salary 5 schedule during such immediately preceding year. 6 (c) Such supplementary State aid reimbursement shall be 7 treated as separate from all other payments made pursuant to 8 Section 18-8 or 18-8.05. In the case of the formation of a 9 new district or cooperative high school, reimbursement shall 10 begin during the first year of operation of the new district 11 or cooperative high school; and in the case of an annexation 12 of the territory of one or more school districts by one or 13 more other school districts, or the division (pursuant to 14 petition under Section 11A-2) of a unit school district or 15 districts into 2 or more parts which all are included in 2 or 16 more other community unit districts resulting upon that 17 division, reimbursement shall begin during the first year 18 when the change in boundaries attributable to such annexation 19 or division becomes effective for all purposes as determined 20 pursuant to Section 7-9, 7A-8 or 11A-10. Each year any such 21 new, annexing or resulting district or the governing board of 22 the cooperative high school, as the case may be, is entitled 23 to receive reimbursement, the number of eligible certified 24 members who are employed on October 1 in any such district or 25 cooperative high school shall be certified to the State Board 26 of Education on prescribed forms by October 15 and payment 27 shall be made on or before November 15 of that year. 28 (d) If a unit school district annexes all the territory 29 of another unit school district effective for all purposes 30 pursuant to Section 7-9 on July 1, 1988, and if part of the 31 annexed territory is detached within 90 days after July 1, 32 1988, then the detachment shall be disregarded in computing 33 the supplementary State aid reimbursements under this Section 34 for the entire 3 year period and the supplementary State aid HB0325 Engrossed -20- LRB9201717NTsbA 1 reimbursements shall not be diminished because of the 2 detachment. 3 (e) The changes made by this amendatory Act of 1989 are 4 intended to be retroactive and applicable to any annexation 5 taking effect after August 1, 1987. 6 (Source: P.A. 90-548, eff. 1-1-98.) 7 (105 ILCS 5/18-8.5) (from Ch. 122, par. 18-8.5) 8 Sec. 18-8.5. Supplementary State aid for new, annexing or 9 resulting districts. 10 (a) Following (i) the formation of a new school district 11 pursuant to Article 11A or 11B, or of a new elementary school 12 district pursuant to Article 7A, (ii)orthe annexation of 13 all of the territory of one or more entire school districts 14 by one or more other school districts, (iii)orthe division 15 pursuant to petition under Section 11A-2 of a unit school 16 district or districts into 2 or more parts which all are 17 included in 2 or more other community unit districts 18 resulting upon that division, or (iv) the formation of a 19 cooperative high school under Section 10-22.22c of this Code, 20 a supplementary State aid reimbursement shall be paid for the 21 number of school years determined under the following table 22 to each new, annexing or resulting district or to the 23 governing board of the cooperative high school equal to the 24 sum of $4,000 for each certified employee who is employed by 25 such district or governing board on a full-time basis for the 26 regular term of any such school year: 27 Reorganized District's Rank Reorganized District's Rank 28 by type of district (unit, in Average Daily Attendance 29 high school, elementary) By Quintile 30 in Equalized Assessed Value 31 Per Pupil by Quintile 32 3rd, 4th 33 1st 2nd or 5th HB0325 Engrossed -21- LRB9201717NTsbA 1 Quintile Quintile Quintile 2 1st Quintile 1 year 1 year 1 year 3 2nd Quintile 1 year 2 years 2 years 4 3rd Quintile 2 years 3 years 3 years 5 4th Quintile 2 years 3 years 3 years 6 5th Quintile 2 years 3 years 3 years 7 The State Board of Education shall make a one-time 8 calculation of a reorganized district's quintile ranks. The 9 average daily attendance used in this calculation shall be 10 the best 3 months' average daily attendance for the 11 district's first year. The equalized assessed value per 12 pupil shall be the district's real property equalized 13 assessed value used in calculating the district's first-year 14 general State aid claim divided by the best 3 months' average 15 daily attendance. For purposes of making payments under this 16 Section to the governing board of a cooperative high school, 17 the cooperating districts shall be treated as if they had 18 been consolidated into a new high school district. 19 No annexing or resulting school district shall be 20 entitled to supplementary State aid under this Section unless 21 such district acquires at least 30% of the average daily 22 attendance of the district from which the territory is being 23 detached or divided. 24 If a district results from multiple reorganizations that 25 would otherwise qualify the district for multiple payments 26 under this Section in any year, the district shall receive a 27 single payment only for that year based solely on the most 28 recent reorganization. 29 (b) The supplementary State aid reimbursement payable 30 under this Section shall be separate from and in addition to 31 all other payments made to the district or governing board 32 pursuant to any other Section of this Article. 33 (c) During May of each school year for which a 34 supplementary State aid reimbursement is to be paid to a new, HB0325 Engrossed -22- LRB9201717NTsbA 1 annexing or resulting school district or governing board 2 pursuant to this Section, the school board shall certify to 3 the State Board of Education, on forms furnished to the 4 school board or governing board by the State Board of 5 Education for purposes of this Section, the number of 6 certified employees for which the district is entitled to 7 reimbursement under this Section, together with the names, 8 certificate numbers and positions held by such certified 9 employees. 10 (d) Upon certification by the State Board of Education 11 to the State Comptroller of the amount of the supplementary 12 State aid reimbursement to which a school district or 13 governing board is entitled by this Section, the State 14 Comptroller shall draw his warrant upon the State Treasurer 15 for the payment thereof to the school district or governing 16 board and shall promptly transmit the payment to the school 17 district or governing board through the appropriate school 18 treasurer. 19 (e) The changes to this Section made by P.A. 88-555 20 shall apply to all reorganizations for which the petitions 21 are filed with the regional board of school trustees or the 22 regional superintendent, as the case may be, on or after 23 January 1, 1995. 24 (Source: P.A. 87-10; 87-435; 87-1210; 88-555, eff. 7-27-94; 25 88-686, eff. 1-24-95.) 26 (105 ILCS 5/7-7.5 rep.) 27 (105 ILCS 5/7-7.6 rep.) 28 (105 ILCS 5/7-7.7 rep.) 29 Section 10. The School Code is amended by repealing 30 Sections 7-7.5, 7-7.6, and 7-7.7. 31 Section 15. The School Construction Law is amended by 32 changing Section 5-30 as follows: HB0325 Engrossed -23- LRB9201717NTsbA 1 (105 ILCS 230/5-30) 2 Sec. 5-30. Priority of school construction projects. The 3 State Board of Education shall develop standards for the 4 determination of priority needs concerning school 5 construction projects based upon approved district facilities 6 plans. Such standards shall call for prioritization based on 7 the degree of need and project type in the following order: 8 (1) Replacement or reconstruction of school 9 buildings destroyed or damaged by flood, tornado, fire, 10 earthquake, or other disasters, either man-made or 11 produced by nature; 12(2) Projects designed to alleviate a shortage of13classrooms due to population growth or to replace aging14school buildings;15 (2)(3)Projects resulting from interdistrict 16 reorganization of school districts contingent on local 17 referenda or projects resulting from the formation of a 18 cooperative high school under Section 10-22.22c of this 19 Code; 20 (3) Projects designed to alleviate a shortage of 21 classrooms due to population growth or to replace aging 22 school buildings; 23 (4) Replacement or reconstruction of school 24 facilities determined to be severe and continuing health 25 or life safety hazards; 26 (5) Alterations necessary to provide accessibility 27 for qualified individuals with disabilities; and 28 (6) Other unique solutions to facility needs. 29 (Source: P.A. 90-548, eff. 1-1-98.) 30 Section 99. Effective date. This Act takes effect upon 31 becoming law.