Public Act 90-0459 of the 90th General Assembly
Public Act 90-0459
HB0574 Enrolled LRB9003008THpk
AN ACT relating to school district boundaries, amending
named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Section 28-2 as follows:
(10 ILCS 5/28-2) (from Ch. 46, par. 28-2)
Sec. 28-2. (a) Except as otherwise provided in this
Section, petitions for the submission of public questions to
referendum must be filed with the appropriate officer or
board not less than 78 days prior to a regular election to be
eligible for submission on the ballot at such election; and
petitions for the submission of a question under Section
18-120 of the Property Tax Code must be filed with the
appropriate officer or board not more than 10 months nor less
than 6 months prior to the election at which such question is
to be submitted to the voters.
(b) However, petitions for the submission of a public
question to referendum which proposes the creation or
formation of a political subdivision must be filed with the
appropriate officer or board not less than 108 days prior to
a regular election to be eligible for submission on the
ballot at such election.
(c) Resolutions or ordinances of governing boards of
political subdivisions which initiate the submission of
public questions pursuant to law must be adopted not less
than 65 days before a regularly scheduled election to be
eligible for submission on the ballot at such election.
(d) A petition, resolution or ordinance initiating the
submission of a public question may specify a regular
election at which the question is to be submitted, and must
so specify if the statute authorizing the public question
requires submission at a particular election. However, no
petition, resolution or ordinance initiating the submission
of a public question, other than a legislative resolution
initiating an amendment to the Constitution, may specify such
submission at an election more than one year after the date
on which it is filed or adopted, as the case may be. A
petition, resolution or ordinance initiating a public
question which specifies a particular election at which the
question is to be submitted shall be so limited, and shall
not be valid as to any other election, other than an
emergency referendum ordered pursuant to Section 2A-1.4.
(e) If a petition initiating a public question does not
specify a regularly scheduled election, the public question
shall be submitted to referendum at the next regular election
occurring not less than 78 days after the filing of the
petition, or not less than 108 days after the filing of a
petition for referendum to create a political subdivision.
If a resolution or ordinance initiating a public question
does not specify a regularly scheduled election, the public
question shall be submitted to referendum at the next regular
election occurring not less than 65 days after the adoption
of the resolution or ordinance.
(f) In the case of back door referenda, any limitations
in another statute authorizing such a referendum which
restrict the time in which the initiating petition may be
validly filed shall apply to such petition, in addition to
the filing deadlines specified in this Section for submission
at a particular election. In the case of any back door
referendum, the publication of the ordinance or resolution of
the political subdivision shall include a notice of (1) the
specific number of voters required to sign a petition
requesting that a public question be submitted to the voters
of the subdivision; (2) the time within which the petition
must be filed; and (3) the date of the prospective
referendum. The secretary or clerk of the political
subdivision shall provide a petition form to any individual
requesting one. As used herein, a "back door referendum" is
the submission of a public question to the voters of a
political subdivision, initiated by a petition of voters or
residents of such political subdivision, to determine whether
an action by the governing body of such subdivision shall be
adopted or rejected.
(g) A petition for the incorporation or formation of a
new political subdivision whose officers are to be elected
rather than appointed must have attached to it an affidavit
attesting that at least 108 days and no more than 138 days
prior to such election notice of intention to file such
petition was published in a newspaper published within the
proposed political subdivision, or if none, in a newspaper of
general circulation within the territory of the proposed
political subdivision in substantially the following form:
NOTICE OF PETITION TO FORM A NEW........
Residents of the territory described below are notified
that a petition will or has been filed in the Office
of............requesting a referendum to establish a
new........, to be called the............
*The officers of the new...........will be elected on the
same day as the referendum. Candidates for the governing
board of the new......may file nominating petitions with the
officer named above until...........
The territory proposed to comprise the new........is
described as follows:
(description of territory included in petition)
(signature)....................................
Name and address of person or persons proposing
the new political subdivision.
* Where applicable.
Failure to file such affidavit, or failure to publish the
required notice with the correct information contained
therein shall render the petition, and any referendum held
pursuant to such petition, null and void.
Notwithstanding the foregoing provisions of this
subsection (g) or any other provisions of this Code, the
publication of notice and affidavit requirements of this
subsection (g) shall not apply to any petition filed under
Article 7, 7A, 11A, 11B, or 11D of the School Code nor to any
referendum held pursuant to any such petition, and neither
any petition filed under any of those Articles nor any
referendum held pursuant to any such petition shall be
rendered null and void because of the failure to file an
affidavit or publish a notice with respect to the petition or
referendum as required under this subsection (g) for
petitions that are not filed under any of those Articles of
the School Code.
(Source: P.A. 87-185; 88-670, eff. 12-2-94.)
Section 10. The School Code is amended by changing
Sections 7-1, 7-2, 7-4, 7-6, 7-9, 9-11.2, 9-12, 10-10, 10-16,
and 11B-7 and adding Sections 7-2c, 7-7.5, 7-7.6, and 7-7.7
as follows:
(105 ILCS 5/7-1) (from Ch. 122, par. 7-1)
Sec. 7-1. Districts in one educational service region -
changing boundaries.
(a) School district boundaries lying entirely within any
educational service region may be changed by detachment,
annexation, division or dissolution or any combination
thereof by the regional board of school trustees of such
region, or by the State Superintendent of Education as
provided in subsection (l) of Section 7-6, when petitioned by
the boards of each district affected or by a majority of the
registered voters in each district affected or by two-thirds
of the registered voters in any territory proposed to be
detached from one or more districts or in each of one or more
districts proposed to be annexed to another district.
Registered voters shall be determined by the official voter
registration lists as of the date the petition is filed. No
signatures shall be added after the date the petition is
filed. If there are no registered voters within the
territory proposed to be detached from one or more districts,
then the petition may be signed by all of the owners of
record of the real estate of the territory. Notwithstanding
any other provisions of this Article, if pursuant to a
petition filed under this subsection all of the territory of
a school district is to be annexed to another school
district, any action by the regional board of school trustees
or State Superintendent of Education in granting or approving
the petition and any change in school district boundaries
pursuant to that action is subject to and the change in
school district boundaries shall not be made except upon
approval at a regular scheduled election, in the manner
provided by Section 7-7.7, of a proposition for the
annexation of all of the territory of that school district to
the other school district.
Each page of the circulated petition shall include the
full prayer of the petition, and each signature contained
therein shall match the official signature and address of the
registered voters as recorded in the office of the election
authority having jurisdiction over the county. Each
petitioner shall also record the date of his signing. Each
page of the petition shall be signed by a circulator who has
witnessed the signature of each petitioner on that page. The
length of time for signatures to be valid, before filing of
the petition, shall not exceed 6 months.
Where there is only one school building in an approved
operating district, the building and building site may not be
included in any detachment proceeding unless petitioned by
two-thirds of the registered voters within the entire
district wherein the school is located.
(b) Any elementary or high school district with 100 or
more of its students residing upon territory located entirely
within a military base or installation operated and
maintained by the government of the United States, or any
unit school district or any combination of the above
mentioned districts with 300 or more of its students residing
upon territory located entirely within a military base or
installation operated and maintained by the government of the
United States, shall, upon the filing with the regional board
of school trustees of a petition adopted by resolution of the
board of education or a petition signed by a majority of the
registered voters residing upon such military base or
installation, have all of the territory lying entirely within
such military base or installation detached from such school
district, and a new school district comprised of such
territory shall be created. The petition shall be filed with
and decided solely by the regional board of school trustees
of the region in which the regional superintendent of schools
has supervision of the school district affected. The
regional board of school trustees shall have no authority to
deny the detachment and creation of a new school district
requested in a proper petition filed under this subsection.
This subsection shall apply only to those school districts
having a population of not fewer than 1,000 and not more than
500,000 residents, as ascertained by any special or general
census.
The new school district shall tuition its students to the
same districts that its students were previously attending
and the districts from which the new district was detached
shall continue to educate the students from the new district,
until the federal government provides other arrangements.
The federal government shall pay for the education of such
children as required by Section 6 of Public Law 81-874.
(Source: P.A. 87-210; 87-1080.)
(105 ILCS 5/7-2) (from Ch. 122, par. 7-2)
Sec. 7-2. Districts in two or more counties; Change of
boundaries. Boundaries of existing school districts lying
within two or more counties may be changed by detachment,
annexation, division, dissolution or any combination thereof
by the concurrent action of, taken following a joint hearing
before, the regional boards of school trustees of each region
affected. For purposes of this Section and Section 7-6, an
educational service region shall be deemed to be a region
affected if any portion of the territory which the petition
seeks to have detached from any school district is located in
the region. The petition may be by the boards of each
district affected, or by a majority of the legal voters
residing in each district affected, or by two-thirds of the
legal voters residing in any territory proposed to be
detached from one or more districts or in each of one or more
districts proposed to be annexed to another district. The
original petition shall be filed with the regional board of
school trustees of the region in which the territory being
detached is located or if territory is being detached from
more than one region then the petition shall be filed with
the regional board of school trustees of the region in which
the regional superintendent has supervision over the greatest
portion of such territory. A certified true copy of the
petition shall be filed with the regional board of school
trustees of each other region affected. Notwithstanding any
other provisions of this Article, if pursuant to a petition
filed under this Section all of the territory of a school
district is to be annexed to another school district, any
action by the regional boards of school trustees in granting
the petition and any changes in school district boundaries
pursuant to that action is subject to and the change in
school district boundaries shall not be made except upon
approval at a regular scheduled election, in the manner
provided by Section 7-7.7, of a proposition for the
annexation of all of the territory of that school district to
the other school district.
The regional board of school trustees in whose region the
joint hearing on the original petition is conducted shall
send a certified true copy of the transcript of the hearing
to each other region affected. If there are no legal voters
residing within the territory proposed to be detached from
one or more districts, then the petition may be signed by all
of the owners of record of the real estate of the territory.
The annexing district is that district to which territory is
proposed to be added.
Where there is only one school building in an approved
operating district, the building and building site may not be
included in any detachment proceeding unless petitioned by
two-thirds of the eligible voters within the entire district
wherein the school is located.
After September 23, 1983, no petition shall be filed
under Sections 7-1 and 7-2 to form a new school district
under this Article except that such a petition may be filed
under Section 7-1 to form a new school district where the
boundaries of such new school district lie entirely within
the boundaries of a military base or installation operated
and maintained by the government of the United States.
(Source: P.A. 86-743; 87-1080.)
(105 ILCS 5/7-2c new)
Sec. 7-2c. Change of school district boundaries
following annexation of vacant and unincorporated territory
to a contiguous municipality.
Notwithstanding any other provision of this Code, any
contiguous portion of an elementary school district may be
detached from that district and annexed to an adjoining
elementary school district, and any contiguous portion of a
high school district may be detached from that district and
annexed to an adjoining high school district, upon a petition
or petitions filed under this Section, when all of the
following conditions are met with respect to each petition so
filed:
(1) The portion of the district to be so detached
and annexed to an adjoining elementary or high school
district consists of not more than 160 acres of vacant
land that is located in an unincorporated area of a
county of 2,000,000 or more inhabitants and, on the
effective date of this amendatory Act of 1997, is
contiguous to one municipality that is (i) wholly outside
the elementary or high school district from which the
vacant land is to be detached and (ii) located entirely
within the territorial boundaries of the adjoining
elementary or high school district to which the vacant
land is to be annexed.
(2) The equalized assessed valuation of the taxable
property located in the portion of the district that is
to be so detached and annexed to the adjoining elementary
or high school district constitutes less than 1% of the
equalized assessed valuation of the taxable property of
the district from which it is to be detached.
(3) The portion of the district to be so detached
and annexed to the adjoining elementary or high school
district is annexed to the contiguous municipality
pursuant to a petition for annexation filed and pending
with the annexing municipality upon the effective date of
this amendatory Act.
A petition filed under this Section shall be filed with
the State Superintendent of Education and shall be signed by
all of the owners of record of the vacant land that comprises
the portion of the district that is to be detached and
annexed to the adjoining elementary or high school district
under the provisions of this Section. The State
Superintendent shall: (i) hold a hearing on the petition
within 90 days after the date of filing; (ii) render a
decision granting or denying the petition within 30 days
after the hearing; and (iii) promptly serve a copy of the
decision by certified mail, return receipt requested, upon
the petitioners and upon the school boards of the school
districts from which the territory described in the petition
is sought to be detached and to which that territory is
sought to be annexed.
The State Superintendent of Education has no authority or
discretion to hear any evidence or consider any issues at the
hearing except those that may be necessary to determine
whether the limitations and conditions of this Section have
been met.
The State Superintendent of Education: (i) shall give
written notice of the time and place of the hearing, not less
than 30 days prior to the date of the hearing, to the school
board of the school district from which the territory
described in the petition is to be detached and to the
school board of the school district to which that territory
is to be annexed; and (ii) shall publish notice of the
hearing in a newspaper that is published in the county in
which the territory described in the petition is located and
that has circulation within the school districts whose school
boards are entitled to written notice of the hearing.
In the event that the granting of a petition filed under
this Section has become final, either through failure to seek
administrative review or by the final decision of a court on
review, the change in boundaries shall become effective
forthwith and for all purposes, except that if the granting
of the petition becomes final between September 1 and June 30
of any year, the administration of and attendance at the
schools shall not be affected until the following July 1,
when the change in boundaries shall become effective for all
purposes. After the granting of a petition has become final,
the date when the change shall become effective for purposes
of administration and attendance may be accelerated or
postponed by stipulation of the school boards of the school
districts from which the territory described in the petition
is detached and to which that territory is annexed.
The decision of the State Superintendent of Education
shall be deemed an "administrative decision" as defined in
Section 3-101 of the Administrative Review Law, and any
petitioner or the school board of a school district affected
by the detachment and annexation of the territory described
in the petition may within 35 days after a copy of the
decision sought to be reviewed was served by certified mail
upon the party affected thereby, or upon the attorney of
record for such party, apply for a review of such decision in
accordance with the Administrative Review Law, and all
amendments and modifications thereof and the rules adopted
pursuant thereto.
The commencement of any action for review shall operate
as a supersedeas, and no further proceedings shall be had
until final disposition of such review. The circuit court of
the county in which the petition is filed with the State
Superintendent of Education shall have sole jurisdiction to
entertain a complaint for such review.
This Section: (i) is not limited by and operates
independently of all other provisions of this Article, and
(ii) constitutes complete authority for the granting or
denial by the State Superintendent of Education of a petition
filed under this Section when the conditions prescribed by
this Section for the filing of that petition are met.
(105 ILCS 5/7-4) (from Ch. 122, par. 7-4)
Sec. 7-4. Requirements for granting petitions. No
petition shall be granted under Sections 7-1 or 7-2 of this
Act:
(a) If there will be any non-high school territory
resulting from the granting of the petition.
(b) Unless after granting the petition any community
unit district, community consolidated district, elementary
district or high school district created shall have a
population of at least 2,000 and an equalized assessed
valuation of at least $6,000,000 based upon the last value as
equalized by the Department of Revenue as of the date of
filing of the petition.
(c) Unless the territory within any district so created
or any district whose boundaries are affected by the granting
of a petition shall after the granting thereof be compact and
contiguous except as provided in Section 7-6 of this Act.
The fact that a district is divided by territory lying within
the corporate limits of the city of Chicago shall not render
it non-compact or non-contiguous.
(d) To create any school district with a population of
less than 2,000 unless the State Board of Education and the
regional superintendent of schools for the region in which
the proposed district will lie shall certify to the regional
board or boards of school trustees that the creation of such
new district will not interfere with the ultimate
reorganization of the territory of such proposed district as
a part of a district having a population of 2,000 or more.
Notwithstanding any other provisions of this Article, the
granting or approval by a regional board or regional boards
of school trustees or by the State Superintendent of
Education of a petition that under subsection (b-5) of
Section 7-6 is required to request the submission of a
proposition at a regular scheduled election for the purpose
of voting for or against the annexation of the territory
described in the petition to the school district proposing to
annex that territory is subject to, and any change in school
district boundaries pursuant to the granting of the petition
shall not be made except upon, approval of the proposition at
the election in the manner provided by Section 7-7.7.
(Source: P.A. 89-397, eff. 8-20-95.)
(105 ILCS 5/7-6) (from Ch. 122, par. 7-6)
Sec. 7-6. Petition filing; Notice; Hearing; Decision.
(a) Upon the filing of a petition with the secretary of
the regional board of school trustees under the provisions of
Section 7-1 or 7-2 of this Act the secretary shall cause a
copy of such petition to be given to each board of any
district involved in the proposed boundary change and shall
cause a notice thereof to be published once in a newspaper
having general circulation within the area of the territory
described in the petition for the proposed change of
boundaries.
(b) When a joint hearing is required under the
provisions of Section 7-2, the secretary also shall cause a
copy of the notice to be sent to the regional board of school
trustees of each region affected. Notwithstanding the
foregoing provisions of this Section, if the secretary of the
regional board of school trustees with whom a petition is
filed under Section 7-2 fails, within 30 days after the
filing of such petition, to cause notice thereof to be
published and sent as required by this Section, then the
secretary of the regional board of school trustees of any
other region affected may cause the required notice to be
published and sent, and the joint hearing may be held in any
region affected as provided in the notice so published.
(b-5) If a petition filed under subsection (a) of
Section 7-1 or under Section 7-2 proposes to annex all the
territory of a school district to another school district,
the petition shall request the submission of a proposition at
a regular scheduled election for the purpose of voting for or
against the annexation of the territory described in the
petition to the school district proposing to annex that
territory. No petition filed or election held under this
Article shall be null and void, invalidated, or deemed in
noncompliance with the Election Code because of a failure to
publish a notice with respect to the petition or referendum
as required under subsection (g) of Section 28-2 of that Code
for petitions that are not filed under this Article or
Article 7A, 11A, 11B, or 11D of the School Code.
(c) When a petition contains more than 10 signatures the
petition shall designate a committee of 10 of the petitioners
as attorney in fact for all petitioners, any 7 of whom may
make binding stipulations on behalf of all petitioners as to
any question with respect to the petition or hearing or joint
hearing, and the regional board of school trustees, or
regional boards of school trustees in cases of a joint
hearing may accept such stipulation in lieu of evidence or
proof of the matter stipulated. The committee of petitioners
shall have the same power to stipulate to accountings or
waiver thereof between school districts; however, the
regional board of school trustees, or regional boards of
school trustees in cases of a joint hearing may refuse to
accept such stipulation. Those designated as the committee of
10 shall serve in that capacity until such time as the
regional superintendent of schools or the committee of 10
determines that, because of death, resignation, transfer of
residency from the territory, or failure to qualify, the
office of a particular member of the committee of 10 is
vacant. Upon determination that a vacancy exists, the
remaining members shall appoint a petitioner to fill the
designated vacancy on the committee of 10. The appointment
of any new members by the committee of 10 shall be made by a
simple majority vote of the remaining designated members.
(d) The petition may be amended to withdraw not to
exceed a total of 10% of the territory in the petition at any
time prior to the hearing or joint hearing; provided that the
petition shall after amendment comply with the requirements
as to the number of signatures required on an original
petition.
(e) The petitioners shall pay the expenses of publishing
the notice and of any transcript taken at the hearing or
joint hearing; and in case of an appeal from the decision of
the regional board of school trustees, or regional boards of
school trustees in cases of a joint hearing, or State
Superintendent of Education in cases determined under
subsection (l) of this Section, the appellants shall pay the
cost of preparing the record for appeal.
(f) The notice shall state when the petition was filed,
the description of the territory, the prayer of the petition
and the return day on which the hearing or joint hearing upon
the petition will be held which shall not be more than 15 nor
less than 10 days after the publication of notice.
(g) On such return day or on a day to which the regional
board of school trustees, or regional boards of school
trustees in cases of a joint hearing shall continue the
hearing or joint hearing the regional board of school
trustees, or regional boards of school trustees in cases of a
joint hearing shall hear the petition but may adjourn the
hearing or joint hearing from time to time or may continue
the matter for want of sufficient notice or other good cause.
(h) Prior to the hearing or joint hearing the secretary
of the regional board of school trustees shall submit to the
regional board of school trustees, or regional boards of
school trustees in cases of a joint hearing maps showing the
districts involved, a written report of financial and
educational conditions of districts involved and the probable
effect of the proposed changes. The reports and maps
submitted shall be made a part of the record of the
proceedings of the regional board of school trustees, or
regional boards of school trustees in cases of a joint
hearing. A copy of the report and maps submitted shall be
sent by the secretary of the regional board of school
trustees to each board of the districts involved, not less
than 5 days prior to the day upon which the hearing or joint
hearing is to be held.
(i) The regional board of school trustees, or regional
boards of school trustees in cases of a joint hearing shall
hear evidence as to the school needs and conditions of the
territory in the area within and adjacent thereto and as to
the ability of the districts affected to meet the standards
of recognition as prescribed by the State Board of Education,
and shall take into consideration the division of funds and
assets which will result from the change of boundaries and
shall determine whether it is to the best interests of the
schools of the area and the educational welfare of the pupils
that such change in boundaries be granted, and in case
non-high school territory is contained in the petition the
normal high school attendance pattern of the children shall
be taken into consideration. If the non-high school territory
overlies an elementary district, a part of which is in a high
school district, such territory may be annexed to such high
school district even though not contiguous to the high school
district. However, upon resolution by the regional board of
school trustees, or regional boards of school trustees in
cases of a joint hearing the secretary or secretaries thereof
shall conduct the hearing or joint hearing upon any boundary
petition and present a transcript of such hearing to the
trustees who shall base their decision upon the transcript,
maps and information and any presentation of counsel.
(j) At the hearing or joint hearing any resident of the
territory described in the petition or any resident in any
district affected by the proposed change of boundaries may
appear in person or by an attorney in support of the petition
or to object to the granting of the petition and may present
evidence in support of his position.
(k) At the conclusion of the hearing, other than a joint
hearing, the regional superintendent of schools as ex officio
member of the regional board of school trustees shall within
30 days enter an order either granting or denying the
petition and shall deliver to the committee of petitioners,
if any, and any person who has filed his appearance in
writing at the hearing and any attorney who appears for any
person and any objector who testifies at the hearing and the
regional superintendent of schools a certified copy of its
order.
(l) Notwithstanding the foregoing provisions of this
Section, if within 9 months after a petition is submitted
under the provisions of Section 7-1 the petition is not
approved or denied by the regional board of school trustees
and the order approving or denying that petition entered and
a copy thereof served as provided in this Section, the school
boards or registered voters of the districts affected that
submitted the petition (or the committee of 10, or an
attorney acting on its behalf, if designated in the petition)
may submit a copy of the petition directly to the State
Superintendent of Education for approval or denial. The copy
of the petition as so submitted shall be accompanied by a
record of all proceedings had with respect to the petition up
to the time the copy of the petition is submitted to the
State Superintendent of Education (including a copy of any
notice given or published, any certificate or other proof of
publication, copies of any maps or written report of the
financial and educational conditions of the school districts
affected if furnished by the secretary of the regional board
of school trustees, copies of any amendments to the petition
and stipulations made, accepted or refused, a transcript of
any hearing or part of a hearing held, continued or adjourned
on the petition, and any orders entered with respect to the
petition or any hearing held thereon). The school boards,
registered voters or committee of 10 submitting the petition
and record of proceedings to the State Superintendent of
Education shall give written notice by certified mail, return
receipt requested to the regional board of school trustees
and to the secretary of that board that the petition has been
submitted to the State Superintendent of Education for
approval or denial, and shall furnish a copy of the notice so
given to the State Superintendent of Education. The cost of
assembling the record of proceedings for submission to the
State Superintendent of Education shall be the responsibility
of the school boards, registered voters or committee of 10
that submits the petition and record of proceedings to the
State Superintendent of Education. When a petition is
submitted to the State Superintendent of Education in
accordance with the provisions of this paragraph:
(1) The regional board of school trustees loses all
jurisdiction over the petition and shall have no further
authority to hear, approve, deny or otherwise act with
respect to the petition.
(2) All jurisdiction over the petition and the
right and duty to hear, approve, deny or otherwise act
with respect to the petition is transferred to and shall
be assumed and exercised by the State Superintendent of
Education.
(3) The State Superintendent of Education shall not
be required to repeat any proceedings that were conducted
in accordance with the provisions of this Section prior
to the time jurisdiction over the petition is transferred
to him, but the State Superintendent of Education shall
be required to give and publish any notices and hold or
complete any hearings that were not given, held or
completed by the regional board of school trustees or its
secretary as required by this Section prior to the time
jurisdiction over the petition is transferred to the
State Superintendent of Education.
(4) If so directed by the State Superintendent of
Education, the regional superintendent of schools shall
submit to the State Superintendent of Education and to
such school boards as the State Superintendent of
Education shall prescribe accurate maps and a written
report of the financial and educational conditions of the
districts affected and the probable effect of the
proposed boundary changes.
(5) The State Superintendent is authorized to
conduct further hearings, or appoint a hearing officer to
conduct further hearings, on the petition even though a
hearing thereon was held as provided in this Section
prior to the time jurisdiction over the petition is
transferred to the State Superintendent of Education.
(6) The State Superintendent of Education or the
hearing officer shall hear evidence and approve or deny
the petition and shall enter an order to that effect and
deliver and serve the same as required in other cases to
be done by the regional board of school trustees and the
regional superintendent of schools as an ex officio
member of that board.
(m) Within 10 days after the conclusion of a joint
hearing required under the provisions of Section 7-2, each
regional board of school trustees shall meet together and
render a decision with regard to the joint hearing on the
petition. If the regional boards of school trustees fail to
enter a joint order either granting or denying the petition,
the regional superintendent of schools for the educational
service region in which the joint hearing is held shall enter
an order denying the petition, and within 30 days after the
conclusion of the joint hearing shall deliver a copy of the
order denying the petition to the regional boards of school
trustees of each region affected, to the committee of
petitioners, if any, to any person who has filed his
appearance in writing at the hearing and to any attorney who
appears for any person at the joint hearing. If the regional
boards of school trustees enter a joint order either granting
or denying the petition, the regional superintendent of
schools for the educational service region in which the joint
hearing is held shall, within 30 days of the conclusion of
the hearing, deliver a copy of the joint order to those same
committees and persons as are entitled to receive copies of
the regional superintendent's order in cases where the
regional boards of school trustees have failed to enter a
joint order.
(n) Within 10 days after service of a copy of the order
granting or denying the petition, any person so served may
petition for a rehearing and, upon sufficient cause being
shown, a rehearing may be granted. The filing of a petition
for rehearing shall operate as a stay of enforcement until
the regional board of school trustees, or regional boards of
school trustees in cases of a joint hearing, or State
Superintendent of Education in cases determined under
subsection (l) of this Section enter the final order on such
petition for rehearing.
(o) If a petition filed under subsection (a) of Section
7-1 or under Section 7-2 is required under the provisions of
subsection (b-5) of this Section 7-6 to request submission of
a proposition at a regular scheduled election for the purpose
of voting for or against the annexation of the territory
described in the petition to the school district proposing to
annex that territory, and if the petition is granted or
approved by the regional board or regional boards of school
trustees or by the State Superintendent of Education, the
proposition shall be placed on the ballot at the next regular
scheduled election.
(Source: P.A. 87-210; 87-1215; 87-1270; 88-45.)
(105 ILCS 5/7-7.5 new)
Sec. 7-7.5. Holding of elections.
(a) Elections provided by this Article shall be
conducted in accordance with the general election law.
(b) The notice shall be in substantially the following
form:
NOTICE OF REFERENDUM FOR ANNEXATION
BY.....(Name of Annexing District)
OF ALL TERRITORY OF ..... (Name Of
District Or Districts All Of
Whose Territory Is To Be Annexed)
NOTICE is hereby given that on the .... day of ....,
19 ..., a referendum will be held in part(s) of ......
County (Counties) for the purpose of voting for or
against the proposition to annex all of the territory
comprising ..... (name of each such school district) of
....... County, Illinois to ..... (name of annexing
school district) of ...... County, Illinois.
The territory which now comprises all of the
territory of ..... (name of the school district or
districts) of ...... County, Illinois, which territory is
the same as the territory which is proposed to be annexed
to ..... (name of annexing school district) of .......
County, Illinois, is described as follows: (Here describe
such territory.)
The territory which now comprises ..... (name of
annexing school district) of ....... County, Illinois,
which district it is proposed shall annex the territory
above described in this Notice, is described as follows:
(Here describe such territory.)
The election is called and will be held pursuant to
an order of the regional board of school trustees (or,
State Superintendent of Education) dated on the .... day
of ...., 19 ...., which order states that the change of
boundaries pursuant to the annexation granted or approved
by the order shall be made if a majority of those voters
in each of the affected school districts who vote on the
proposition at the election vote in favor thereof.
Dated this ..... day of ...., 19.....
Regional Board of School Trustees (or State
Superintendent of Education)
By....................................
(105 ILCS 5/7-7.6 new)
Sec. 7-7.6. Ballots. The ballot shall be in
substantially the following form:
OFFICIAL BALLOT
-------------------------------------------------------------
Shall the following described territory
comprising all of the territory
of ..... (name of school district or YES
districts) of ...... County, Illinois
be annexed to and made a part of ..... --------------------
(name of annexing school district)
of ....... County, Illinois? NO
(Here describe such territory.)
-------------------------------------------------------------
(105 ILCS 5/7-7.7 new)
Sec. 7-7.7. Passage requirements. The proposition for
the annexation of all of the territory of one or more school
districts to another school district shall be submitted to
the voters of the annexing district and the voters of each
district all of the territory of which is to be annexed to
the annexing district, and if a majority of the voters in
each such district who vote on the proposition vote in favor
of the proposition, the proposition shall be deemed to have
passed.
(105 ILCS 5/7-9) (from Ch. 122, par. 7-9)
Sec. 7-9. Effective date of change. In case a petition is
filed for the creation of or the change of boundaries of or
for an election to vote upon a the proposition of creating or
annexing territory to a any school district after August 1,
as provided in this Article, and the change is granted or the
election carries, and no appeal is taken such change shall
become effective after the time for appeal has run for the
purpose of all elections; however, the change shall not
affect the administration of the schools until July 1
following the date the petition is granted or upon which the
election is held and the school boards of the districts as
they existed prior to the change shall exercise the same
power and authority over such territory until such date;
however, new districts shall be permitted to organize and
elect officers within the time prescribed by the general
election law.
In the event that the granting of a petition has become
final, either through failure to seek Administrative Review
or by the final decision of a court on review, the change in
boundaries shall become effective forthwith. However, if the
granting of the petition becomes final between September 1
and June 30 of any year, the administration of and attendance
at the schools shall not be affected until the following July
1, when the change in boundaries shall become effective for
all purposes. After the granting of a petition has become
final, the date when the change shall become effective for
purposes of administration and attendance may be accelerated
or postponed by stipulation of each of the school boards of
each district affected and approved by the regional board of
school trustees or by the board of a special charter district
with which the original petition is required to be filed.
(Source: P.A. 81-1550.)
(105 ILCS 5/9-11.2) (from Ch. 122, par. 9-11.2)
Sec. 9-11.2. For all school districts electing
candidates to a board of education in a manner other than at
large, candidates not elected at large who file nominating
petitions for a full term shall be grouped together by area
of residence as follows:
(1) by congressional townships, or
(2) according to incorporated or unincorporated areas,
or.
(3) by affected school districts, if the form of ballot
prescribed by Format 2a or 2b of Section 9-12 is required to
be used for the election.
For all school districts electing candidates to a board
of education in a manner other than at large, candidates not
elected at large who file nominating petitions for an
unexpired term shall be grouped together by area of residence
as follows:
(1) by congressional townships, or
(2) according to incorporated or unincorporated areas,
or.
(3) by affected school districts, if the form of ballot
prescribed by Format 2a or 2b of Section 9-12 is required to
be used for the election.
Except in those instances when the ballot under Format 5
of Section 9-12 is required to be used, candidate groupings
by area of residence for full terms shall precede the
candidate groupings by area of residence for unexpired terms
on the ballot. In all instances, however, the ballot order of
each candidate grouping shall be determined by the order of
petition filing or lottery held pursuant to Section 9-11.1 in
the following manner:
The area of residence of the candidate determined to be
first by order of petition filing or by lottery shall be
listed first among the candidate groupings on the ballot.
All other candidates from the same area of residence will
follow according to order of petition filing or the lottery.
The area of residence of the candidate determined to be
second by the order of petition filing or the lottery shall
be listed second among the candidate groupings on the ballot.
All other candidates from the same area of residence will
follow according to the order of petition filing or the
lottery. The ballot order of additional candidate groupings
by area of residence shall be established in a like manner.
"Area of Residence" means congressional township,
incorporated and unincorporated territories, and, if the form
of ballot prescribed by Format 2a or 2b of Section 9-12 is
required to be used in electing candidates to a board of
education, affected school districts.
"Affected school district" means either of the 2 entire
elementary school districts that are formed into a combined
school district established as provided in subsection (a-5)
of Section 11B-7.
(Source: P.A. 89-579, eff. 7-30-96.)
(105 ILCS 5/9-12) (from Ch. 122, par. 9-12)
Sec. 9-12. Ballots for the election of school officers
shall be in one of the following forms:
(FORMAT 1
Ballot position for candidates shall be determined by the
order of petition filing or lottery held pursuant to Section
9-11.1.
This format is used by Boards of School Directors.
School Directors are elected at large.)
OFFICIAL BALLOT
FOR MEMBERS OF THE BOARD OF SCHOOL
DIRECTORS TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
( ) ........................................
( ) ........................................
( ) ........................................
FOR MEMBERS OF THE BOARD OF SCHOOL
DIRECTORS TO SERVE AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) .......................................
( ) .......................................
( ) .......................................
(FORMAT 2
Ballot position for candidates shall be determined by the
order of petition filing or lottery held pursuant to Section
9-11.1.
This format is used when school board members are elected
at large. Membership on the school board is not restricted
by area of residence.
Types of school districts generally using this format
are:
Common school districts;
Community unit and community consolidated school
districts formed on or after January 1, 1975;
Community unit school districts formed prior to January
1, 1975 that elect board members at large and without
restriction by area of residence within the district under
subsection (c) of Section 11A-8;
Community unit, community consolidated and combined
school districts in which more than 90% of the population is
in one congressional township;
High school districts in which less than 15% of the
taxable property is located in unincorporated territory; and
unit districts (OLD TYPE);
Combined school districts formed on or after July 1,
1983;.)
Combined school districts formed before July 1, 1983 and
community consolidated school districts that elect board
members at large and without restriction by area of residence
within the district under subsection (c) of Section 11B-7.)
OFFICIAL BALLOT
FOR MEMBERS OF THE BOARD OF
EDUCATION TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
( ) .......................................
( ) .......................................
( ) .......................................
FOR MEMBERS OF THE BOARD OF
EDUCATION TO SERVE AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) .......................................
( ) .......................................
( ) .......................................
(FORMATS 2a and 2b
Ballot position for at large candidates shall be
determined by the order of petition filing or lottery held
pursuant to Section 9-11.1 and ballot position for candidates
grouped by "affected school district", as that term is
defined in Section 9-11.2, shall be determined by order of
petition filing or lottery held pursuant to Sections 9-11.1
and 9-11.2.
Format 2a is used only in electing, to unstaggered terms
expiring on the date of the regular school election held in
calendar year 2001, the initial 7 members of the board of
education of a combined school district that is established
as provided in subsection (a-5) of Section 11B-7, and Format
2b is used only in electing, when required under Section
10-10, a successor to serve the remainder of the unstaggered,
unexpired term of any such initial board member in whose
office a vacancy has occurred.)
Format 2a:
OFFICIAL BALLOT
FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE A FULL TERM EXPIRING ON
(Insert date of regular school election in 2001)
Instructions to voter: One member of the board of
education is to be elected at large from within the territory
included within the boundaries of (insert name of the
combined school district as proposed or formed), 3 members
are to be elected from the territory included within the
boundaries of (former) Elementary School District No......,
and 3 members are to be elected from the territory included
within the boundaries of (former) Elementary School District
No.......
FOR THE MEMBER
OF THE BOARD OF EDUCATION
TO BE ELECTED AT LARGE
VOTE FOR ONE
( ) .......................................
( ) .......................................
FOR MEMBERS OF
THE BOARD OF EDUCATION
TO BE ELECTED FROM
(FORMER) ELEMENTARY SCHOOL DISTRICT NO. ....
VOTE FOR THREE
( ) .......................................
( ) .......................................
( ) .......................................
( ) .......................................
FOR MEMBERS OF
THE BOARD OF EDUCATION
TO BE ELECTED FROM
(FORMER) ELEMENTARY SCHOOL DISTRICT NO. ....
VOTE FOR THREE
( ) .......................................
( ) .......................................
( ) .......................................
( ) .......................................
Format 2b:
OFFICIAL BALLOT
FOR A MEMBER OF THE BOARD OF EDUCATION
TO BE ELECTED AT LARGE
TO SERVE AN UNEXPIRED TERM ENDING ON
(Insert date of regular school election in 2001)
VOTE FOR ONE
( ) .......................................
( ) .......................................
FOR MEMBERS (A MEMBER)
OF THE BOARD OF EDUCATION
TO BE ELECTED FROM
FORMER ELEMENTARY SCHOOL DISTRICT NO. ....
TO SERVE AN UNEXPIRED TERM ENDING ON
(Insert date of regular school election in 2001)
VOTE FOR ....
( ) .......................................
( ) .......................................
FOR MEMBERS (A MEMBER)
OF THE BOARD OF EDUCATION
TO BE ELECTED FROM
FORMER ELEMENTARY SCHOOL DISTRICT NO. ....
TO SERVE AN UNEXPIRED TERM ENDING ON
(Insert date of regular school election in 2001)
VOTE FOR ....
( ) .......................................
( ) .......................................
(FORMAT 3
Ballot position for incorporated and unincorporated areas
shall be determined by the order of petition filing or
lottery held pursuant to Sections 9-11.1 and 9-11.2.
This format is used by community unit, community
consolidated and combined school districts when the territory
is less than 2 congressional townships, or 72 square miles,
but consists of more than one congressional township, or 36
square miles, outside of the corporate limits of any city,
( ) ............................ village or incorporated
town within the school district. The School Code requires
that not more than 5 board members shall be selected from any
city, village or incorporated town in the school district.
At least two board members must reside in the unincorporated
area of the school district.
Except for those community unit school districts formed
before January 1, 1975 that elect board members at large and
without restriction by area of residence within the district
under subsection (c) of Section 11A-8 and except for combined
school districts formed before July 1, 1983 and community
consolidated school districts that elect board members at
large and without restriction by area of residence within the
district under subsection (c) of Section 11B-7, this format
applies to community unit and community consolidated school
districts formed prior to January 1, 1975 and combined school
districts formed prior to July 1, 1983.)
OFFICIAL BALLOT
Instructions to voter: The board of education shall be
composed of members from both the incorporated and the
unincorporated area; not more than 5 board members shall be
selected from any city, village or incorporated town.
On the basis of existing board membership, not more than
.... may be elected from the incorporated areas.
FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
................... Area
( ) ...........................
( ) ...........................
................... Area
( ) ...........................
( ) ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
................... Area
( ) ...........................
( ) ...........................
................... Area
( ) ...........................
( ) ...........................
(FORMAT 4
Ballot position for township areas shall be determined by
the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
Except for those community unit school districts formed
prior to January 1, 1975 that elect board members at large
and without restriction by area of residence within the
district under subsection (c) of Section 11A-8 and except for
those combined school districts formed before July 1, 1983
and community consolidated school districts that elect board
members at large and without restriction by area of residence
within the district under subsection (c) of Section 11B-7,
this format applies to community unit and community
consolidated school districts formed prior to January 1, 1975
and combined school districts formed prior to July 1, 1983
when the territory of the school district is greater than 2
congressional townships, or 72 square miles. This format
applies only when less than 75% of the population is in one
congressional township. Congressional townships of less than
100 inhabitants shall not be considered for the purpose of
such mandatory board representation. In this case, not more
than 3 board members may be selected from any one
congressional township.)
OFFICIAL BALLOT
Instructions to voter: Membership on the board of
education is restricted to a maximum of 3 members from any
congressional township. On the basis of existing board
membership, members may be elected in the following numbers
from each congressional township.
Not more than .... may be elected from Township ....
Range ....
Not more than .... may be elected from Township ....
Range ....
Not more than .... may be elected from Township ....
Range ....
(Include each remaining congressional township in
district as needed)
FOR MEMBERS OF THE BOARD OF
EDUCATION TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
Township .............. Range ................
( ) ............................
( ) ............................
Township .............. Range ................
( ) ............................
( ) ............................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
Township .............. Range ................
( ) ............................
( ) ............................
Township .............. Range ................
( ) ............................
( ) ............................
(FORMAT 5
Ballot position for township areas shall be determined by
the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
Except for those community unit school districts formed
before January 1, 1975 that elect board members at large and
without restriction by area of residence within the district
under subsection (c) of Section 11A-8 and except for those
combined school districts formed before July 1, 1983 and
community consolidated school districts that elect board
members at large and without restriction by area of residence
within the district under subsection (c) of Section 11B-7,
this format is used by community unit and community
consolidated school districts formed prior to January 1,
1975, and combined school districts formed prior to July 1,
1983, when the territory of the school district is greater
than 2 congressional townships, or 72 square miles and when
at least 75%, but not more than 90%, of the population
resides in one congressional township. In this case, 4
school board members shall be selected from that one
congressional township and the 3 remaining board members
shall be selected from the rest of the district. If a school
district from which school board members are to be selected
is located in a county under township organization and if the
surveyed boundaries of a congressional township from which
one or more of those school board members is to be selected,
as described by township number and range, are coterminous
with the boundaries of the township as identified by the
township name assigned to it as a political subdivision of
the State, then that township may be referred to on the
ballot by both its township name and by township number and
range.)
OFFICIAL BALLOT
Instructions to voter: Membership on the board of
education is to consist of 4 members from the congressional
township that has at least 75% but not more than 90% of the
population, and 3 board members from the remaining
congressional townships in the school district. On the basis
of existing board membership, members may be elected in the
following numbers from each congressional township.
FOR MEMBER OF THE BOARD OF EDUCATION
TO SERVE AN UNEXPIRED 2-YEAR TERM
FROM (name)........ TOWNSHIP ..... RANGE .....
VOTE FOR ONE
( )..........................
( )..........................
FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE A FULL 4-YEAR TERM;
VOTE FOR ....
..... shall be elected from (name)...... Township .....
Range .....; ...... board members shall be elected from the
remaining congressional townships.
(name)....... TOWNSHIP ..... RANGE .....
( ) ............................
( ) ............................
The Remaining Congressional Townships
( ) ............................
( ) ............................
(FORMAT 6
Ballot position for candidates shall be determined by the
order of petition filing or lottery held pursuant to Section
9-11.1.
This format is used by school districts in which voters
have approved a referendum to elect school board members by
school board district. The school district is then divided
into 7 school board districts, each of which elects one
member to the board of education.)
OFFICIAL BALLOT
DISTRICT ....... (1 through 7)
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ONE
( ) .....................................
( ) .....................................
( ) .....................................
(-OR-)
OFFICIAL BALLOT
DISTRICT ....... (1 through 7)
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ONE
( ) .....................................
( ) .....................................
( ) .....................................
REVERSE SIDE:
OFFICIAL BALLOT
DISTRICT ....... (1 through 7)
(Precinct name or number)
School District No. ......, ........... County, Illinois
Election Tuesday ..................., 19......
(facsimile signature of Election Authority)
(County)
(FORMAT 7
Ballot position for incorporated and unincorporated areas
shall be determined by the order of petition filing or
lottery held pursuant to Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than
15% but less than 30% of the taxable property is located in
the unincorporated territory of the school district. In this
case, at least one board member shall be a resident of the
unincorporated territory.)
OFFICIAL BALLOT
Instructions to voter: More than 15% but less than 30% of
the taxable property of this high school district is located
in the unincorporated territory of the district, therefore,
at least one board member shall be a resident of the
unincorporated areas.
On the basis of existing board membership, at least one
member shall be elected from the unincorporated area.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
................... Area
( ) ...........................
( ) ...........................
................... Area
( ) ...........................
( ) ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
................... Area
( ) ...........................
( ) ...........................
................... Area
( ) ...........................
( ) ...........................
(FORMAT 7a
Ballot position for candidates shall be determined by the
order of petition filing or lottery held pursuant to Sections
9-11.1 and 9-11.2.
This format is used by high school districts if more than
15% but less than 30% of the taxable property is located in
the unincorporated territory of the school district and on
the basis of existing board membership no board member is
required to be elected from the unincorporated area.)
OFFICIAL BALLOT
Instruction to voter: More than 15% but less than 30% of
the taxable property of this high school district is located
in the unincorporated territory of the district, therefore,
at least one board member shall be a resident of the
unincorporated areas.
On the basis of existing board membership, members may be
elected from any area or areas.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
( ) ........................................
( ) ........................................
( ) ........................................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) ........................................
( ) ........................................
( ) ........................................
(FORMAT 8
Ballot position for incorporated and unincorporated areas
shall be determined by the order of petition filing or
lottery held pursuant to Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than
30% of the taxable property is located in the unincorporated
territory of the school district. In this case, at least two
board members shall be residents of the unincorporated
territory.)
OFFICIAL BALLOT
Instructions to voters: Thirty percent (30%) or more of
the taxable property of this high school district is located
in the unincorporated territory of the district, therefore,
at least two board members shall be residents of the
unincorporated territory.
On the basis of existing board membership at least 2
members shall be elected from the unincorporated area.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
................... Area
( ) ...........................
( ) ...........................
................... Area
( ) ...........................
( ) ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
................... Area
( ) ...........................
( ) ...........................
................... Area
( ) ...........................
( ) ...........................
(FORMAT 8a
Ballot position for incorporated and unincorporated areas
shall be determined by the order of petition filing or
lottery held pursuant to Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than
30% of the taxable property is located in the unincorporated
territory of the school district. In this case, at least two
board members shall be residents of the unincorporated
territory.)
OFFICIAL BALLOT
Instructions to voters: Thirty percent (30%) or more of
the taxable property of this high school district is located
in the unincorporated territory of the district, therefore,
at least two board members shall be residents of the
unincorporated territory.
On the basis of existing board membership at least one
member shall be elected from the unincorporated area.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
................... Area
( ) ...........................
( ) ...........................
................... Area
( ) ...........................
( ) ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
................... Area
( ) ...........................
( ) ...........................
................... Area
( ) ...........................
( ) ...........................
(FORMAT 8b
Ballot position for incorporated and unincorporated areas
shall be determined by the order of petition filing or
lottery held pursuant to Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than
30% of the taxable property is located in the unincorporated
territory of the school district. In this case, at least two
board members shall be residents of the unincorporated
territory.)
OFFICIAL BALLOT
Instructions to voters: Thirty percent (30%) or more of
the taxable property of this high school district is located
in the unincorporated territory of the district, therefore,
at least two board members shall be residents of the
unincorporated territory.
On the basis of existing board membership, members may be
elected from any area or areas.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
( ) ...........................
( ) ...........................
( ) ...........................
( ) ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) ...........................
( ) ...........................
( ) ...........................
( ) ...........................
(Source: P.A. 89-129, eff. 7-14-95; 89-416, eff. 11-22-95;
89-579, eff. 7-30-96; revised 10-24-96.)
(105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
Sec. 10-10. Board of education - Term - Vacancy. All
school districts having a population of not fewer than 1,000
and not more than 500,000 inhabitants, as ascertained by any
special or general census, and not governed by special Acts,
shall be governed by a board of education consisting of 7
members, serving without compensation except as herein
provided. Each member shall be elected for a term of 4 years
except as otherwise provided in subsection (a-5) of Section
11B-7 for the initial members of the board of education of a
combined school district to which that subsection applies. If
5 members are elected in 1983 pursuant to the extension of
terms provided by law for transition to the consolidated
election schedule under the general election law, 2 of those
members shall be elected to serve terms of 2 years and 3
shall be elected to serve terms of 4 years; their successors
shall serve for a 4 year term. When the voters of a district
have voted to elect members of the board of education for 6
year terms, as provided in Section 9-5, the terms of office
of members of the board of education of that district expire
when their successors assume office but not later than 7 days
after such election. If at the regular school election held
in the first odd-numbered year after the determination to
elect members for 6 year terms 2 members are elected, they
shall serve for a 6 year term; and of the members elected at
the next regular school election 3 shall serve for a term of
6 years and 2 shall serve a term of 2 years. Thereafter
members elected in such districts shall be elected to a 6
year term. If at the regular school election held in the
first odd-numbered year after the determination to elect
members for 6 year terms 3 members are elected, they shall
serve for a 6 year term; and of the members elected at the
next regular school election 2 shall serve for a term of 2
years and 2 shall serve for a term of 6 years. Thereafter
members elected in such districts shall be elected to a 6
year term. If at the regular school election held in the
first odd-numbered year after the determination to elect
members for 6 year terms 4 members are elected, 3 shall serve
for a term of 6 years and one shall serve for a term of 2
years; and of the members elected at the next regular school
election 2 shall serve for terms of 6 years and 2 shall serve
for terms of 2 years. Thereafter members elected in such
districts shall be elected to a 6 year term. If at the
regular school election held in the first odd-numbered year
after the determination to elect members for a 6 year term 5
members are elected, 3 shall serve for a term of 6 years and
2 shall serve for a term of 2 years; and of the members
elected at the next regular school election 2 shall serve for
terms of 6 years and 2 shall serve for terms of 2 years.
Thereafter members elected in such districts shall be elected
to a 6 year term. An Election for board members shall not be
held in school districts which by consolidation, annexation
or otherwise shall cease to exist as a school district within
six months after the election date, and the term of all board
members which would otherwise terminate shall be continued
until such district shall cease to exist. Each member shall,
on the date of his election, be a citizen of the United
States of the age of 18 years or over, a resident of the
state and the territory of the district for at least one year
immediately preceding his election, a registered voter as
provided in the general election law, and shall not be a
school trustee or a school treasurer. When the board of
education is the successor of the school directors, all
rights of property, and all rights regarding causes of action
existing or vested in such directors, shall vest in it as
fully as they were vested in the school directors.
Nomination papers filed under this Section are not valid
unless the candidate named therein files with the secretary
of the board of education or with a person designated by the
board to receive nominating petitions a receipt from the
county clerk showing that the candidate has filed a statement
of economic interests as required by the Illinois
Governmental Ethics Act. Such receipt shall be so filed
either previously during the calendar year in which his
nomination papers were filed or within the period for the
filing of nomination papers in accordance with the general
election law.
Whenever a vacancy occurs, the remaining members shall
notify the regional superintendent of that vacancy within 5
days after its occurrence and shall proceed to fill the
vacancy until the next regular school election, at which
election a successor shall be elected to serve the remainder
of the unexpired term. However, if the vacancy occurs with
less than 868 days remaining in the term, or if the vacancy
occurs less than 88 days before the next regularly scheduled
election for this office then the person so appointed shall
serve the remainder of the unexpired term, and no election to
fill the vacancy shall be held. Should they fail so to act,
within 45 days after the vacancy occurs, the regional
superintendent of schools under whose supervision and control
the district is operating, as defined in Section 3-14.2 of
this Act, shall within 30 days after the remaining members
have failed to fill the vacancy, fill the vacancy as provided
for herein. Upon the regional superintendent's failure to
fill the vacancy, the vacancy shall be filled at the next
regularly scheduled election. Whether elected or appointed
by the remaining members or regional superintendent, the
successor shall be an inhabitant of the particular area from
which his or her predecessor was elected if the residential
requirements contained in Section 11A-8, 11B-7, or 12-2 of
this Act apply.
(Source: P.A. 89-129, eff. 7-14-95; 89-579, eff. 7-30-96.)
(105 ILCS 5/10-16) (from Ch. 122, par. 10-16)
Sec. 10-16. Organization of Board. Within 7 days after
the election the board shall organize by electing its
officers and fixing a time and place for the regular
meetings. It shall then enter upon the discharge of its
duties.
The regional superintendent of schools having supervision
and control over the district as provided in Section 3-14.2
of this Act shall convene the newly elected board within 7
days after the election of the board of education of any new
district governed by this Act, whereupon the board shall
proceed to organize by electing 1 of their number as
president and electing a secretary, who may or may not be a
member. At such meeting the length of term of each of the
members shall be determined by lot so that 4 shall serve for
4 years, and 3 for 2 years from the commencement of their
terms; provided, however, if such members were not elected at
the nonpartisan election in an odd-numbered year, such
initial terms shall be extended to the nonpartisan election
for school board members immediately following the expiration
of the initial 4 or 2 year terms. The provisions of this
paragraph that relate to the determination of terms by lot
shall not apply to the initial members of the board of
education of a combined school district who are to be elected
to unstaggered terms as provided in subsection (a-5) of
Section 11B-7. The terms of the officers shall be for 2 years
except that the board by resolution may establish a policy
for the terms of office to be one year, and provide for the
election of officers.
Special meetings of the board of education may be called
by the president or by any 3 members of the board by giving
notice thereof in writing, stating the time, place and
purpose of the meeting. Such notice may be served by mail 48
hours before such meeting or by personal service 24 hours
before such meeting. Public notice of meetings must also be
given as prescribed in Sections 2.02 and 2.03 of the Open
Meetings Act, as now or hereafter amended.
At each regular and special meeting which is open to the
public, members of the public and employees of the district
shall be afforded time, subject to reasonable constraints, to
comment to or ask questions of the board.
The president or district superintendent shall, at each
regular board meeting, report any requests made of the
district under provisions of The Freedom of Information Act
and shall report the status of the district's response.
(Source: P.A. 87-10.)
(105 ILCS 5/11B-7) (from Ch. 122, par. 11B-7)
Sec. 11B-7. Passage requirements.
(a) Except as otherwise provided in subsection (a-5) of
this Section, if a majority of the electors voting at such
election held within the territory of the proposed combined
school district vote in favor of the establishment of such
combined school district, the proposition shall be deemed to
have passed. Unless the board of education of a new combined
school district is elected at the same election at which the
proposition establishing that district is deemed to have
passed, the regional superintendent of schools shall order an
election to be held on the next regularly scheduled election
date for the purpose of electing a board of education for
that district. In either event, the board of education
elected for a new combined school district created under this
Article shall consist of 7 members who shall have the terms
and the powers and duties of school boards as defined in
Article 10 of this Act, except that the initial members of
the board of education of a new combined school district to
which the provisions of subsection (a-5) apply shall be
elected to serve terms as provided in subsection (a-5) of
this Section. Nomination papers filed under this Section are
not valid unless the candidate named therein files with the
regional superintendent a receipt from the county clerk
showing that the candidate has filed a statement of economic
interest as required by the Illinois Governmental Ethics Act.
Such statement shall be so filed either previously during the
calendar year in which his nomination papers were filed or
within the period for the filing of nomination papers in
accordance with the general election law. The regional
superintendent shall perform the election duties assigned by
law to the secretary of a school board for such election, and
shall certify the officers and candidates therefor pursuant
to the general election law.
(a-5) If a petition is filed under this Article to form
a combined school district from 2 contiguous, entire
elementary school districts (both of which districts are
located in a county with a population in excess of 175,000,
one of which districts has an enrollment for the 1996-1997
school year of not less than 70 nor more than 75 pupils and
not less than 340 nor more than 350 registered voters on the
effective date of this amendatory Act of 1997, and the other
of which districts has an enrollment for the 1996-1997 school
year of not less than 275 nor more than 280 pupils and not
less than 1600 nor more than 1610 registered voters on the
effective date of this amendatory Act of 1997), and if the
proposition to establish that combined school district is
submitted to the voters at the nonpartisan election in
November of 1997 or at any regular scheduled election during
calendar year 1998, then the proposition shall be deemed to
have passed if and only if a majority of the voters in each
of the 2 affected elementary school districts voting at the
election vote in favor of the establishment of the combined
school district. At the election at which the initial
members of the board of education of the new combined school
district are elected (whether they are elected at the same
election at which the proposition establishing the combined
school district is deemed to have passed or at the next
regularly scheduled election), one shall be elected at large
from within the territory that is to comprise the combined
school district, 3 shall be elected by area of residence
within the territory that, until the combined school district
is established, comprises one of the affected elementary
school districts that forms part of the combined school
district, and 3 shall be elected by area of residence within
the territory that, until the combined school district is
established, comprises the other affected elementary school
district that forms the remainder of the combined school
district. All 7 of the initial board members shall serve for
unstaggered terms that expire when their successors are
elected and have organized in accordance with Section 10-16.
The immediate successors in office of the initial board
members of the combined school district shall be elected at
the regular school election held in calendar year 2001.
Those immediate successors and their successors in office
shall be elected at large from within the combined school
district and without restriction by area of residence for a
term of 4 years; provided that the terms of the board members
elected at the regular school election held in calendar year
2001 shall be staggered and determined in accordance with the
provisions of Section 10-16.
(b) Except as otherwise provided in subsection (c), for
school districts formed before July 1, 1983, if the territory
of such district is greater than 2 congressional townships or
72 square miles, then not more than 3 board members may be
selected from any one congressional township, but
congressional townships of less than 100 inhabitants shall
not be considered for the purpose of such mandatory board
representation, and in any such combined school district
where at least 75% but not more than 90% of the population is
in one congressional township 4 board members shall be
selected therefrom and 3 board members shall be selected from
the rest of the district, but in any such combined school
district where more than 90% of the population is in one
congressional township all board members may be selected from
one or more congressional townships; and whenever the
territory of any combined school district shall consist of
not more than 2 congressional townships or 72 square miles,
but shall consist of more than one congressional township, or
36 square miles, outside of the corporate limits of any city,
village or incorporated town within the school district, not
more than 5 board members shall be selected from any city,
village or incorporated town in such school district.
(c) The provisions of subsection (b) for mandatory board
representation shall no longer apply to a combined school
district formed before July 1, 1983 or to community
consolidated school districts, and the members of the board
of education shall be elected at large from within the school
district and without restriction by area of residence within
the district if both of the following conditions are met with
respect to that district:
(1) A proposition for the election of board members
at large and without restriction by area of residence
within the district rather than in accordance with the
provisions of subsection (b) for mandatory board
representation is submitted to the school district's
voters at a regular school election or at the general
election as provided in this subsection (c).
(2) A majority of those voting at the election in
each congressional township comprising the territory of
the school district, including any congressional township
of less than 100 inhabitants, vote in favor of the
proposition.
The board of education of the school district may by
resolution order submitted or, upon the petition of the
lesser of 2,500 or 5% of the school district's registered
voters, shall order submitted to the school district's voters
at a regular school election or at the general election the
proposition for the election of board members at large and
without restriction by area of residence within the district
rather than in accordance with the provisions of subsection
(b) for mandatory board representation; and the proposition
shall thereupon be certified by the board's secretary for
submission. If a majority of those voting at the election in
each congressional township comprising the territory of the
school district, including any congressional township of less
than 100 inhabitants, vote in favor of the proposition: (i)
the proposition to elect board members at large and without
restriction by area of residence within the district shall be
deemed to have passed, (ii) new members of the board shall be
elected at large and without restriction by area of residence
within the district at the next regular school election, and
(iii) the terms of office of the board members incumbent at
the time the proposition is adopted shall expire when the new
board members that are elected at large and without
restriction by area of residence within the district have
organized in accordance with Section 10-16. In a combined
school district or a community consolidated school district
that formerly elected its members under subsection (b) to
successive terms not exceeding 4 years, the members elected
at large and without restriction by area of residence within
the district shall be elected for a term of 4 years, and in a
combined school district that formerly elected its members
under subsection (b) to successive terms not exceeding 6
years, the members elected at large and without restriction
by area of residence within the district shall be elected for
a term of 6 years; provided, that in each case the terms of
the board members initially elected at large and without
restriction by area of residence within the district as
provided in this subsection shall be staggered and determined
in accordance with the provisions of Sections 10-10 and
10-16.
(Source: P.A. 89-129, eff. 7-14-95; 89-416, eff. 11-22-95.)
Section 99. Effective date. This Act takes effect upon
becoming a law.