Rep. Robert W. Pritchard

Filed: 3/8/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2612

2    AMENDMENT NO. ______. Amend House Bill 2612 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Sections
55-1, 7-04, 7-1, 7-2a, 7-2.4, 7-2.5, 7-2.6, 7-2.7, 7-4, 7-4.1,
67-5, 7-6, 7-7, 7-8, 7-9, 7-10, 7-11, 7-12, 7-29, 12-24, 16-2,
7and 32-4.6 and by adding Sections 7-01a, 7-01b, 7-10.5, 7-31,
8and 10-22.35B as follows:
 
9    (105 ILCS 5/5-1)  (from Ch. 122, par. 5-1)
10    Sec. 5-1. County school units.
11    (a) The territory in each county, exclusive of any school
12district governed by any special act which requires the
13district to appoint its own school treasurer, shall constitute
14a county school unit. County school units of less than
152,000,000 inhabitants shall be known as Class I county school
16units and the office of township trustees, where existing on

 

 

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1July 1, 1962, in such units shall be abolished on that date and
2all books and records of such former township trustees shall be
3forthwith thereafter transferred to the county board of school
4trustees. County school units of 2,000,000 or more inhabitants
5shall be known as Class II county school units and shall retain
6the office of township trustees unless otherwise provided in
7subsection (b) or (c).
8    (b) Notwithstanding subsections (a) and (c), the school
9board of any elementary school district having a fall, 1989
10aggregate enrollment of at least 2,500 but less than 6,500
11pupils and having boundaries that are coterminous with the
12boundaries of a high school district, and the school board of
13any high school district having a fall, 1989 aggregate
14enrollment of at least 2,500 but less than 6,500 pupils and
15having boundaries that are coterminous with the boundaries of
16an elementary school district, may, whenever the territory of
17such school district forms a part of a Class II county school
18unit, by proper resolution withdraw such school district from
19the jurisdiction and authority of the trustees of schools of
20the township in which such school district is located and from
21the jurisdiction and authority of the township treasurer in
22such Class II county school unit; provided that the school
23board of any such school district shall, upon the adoption and
24passage of such resolution, thereupon elect or appoint its own
25school treasurer as provided in Section 8-1. Upon the adoption
26and passage of such resolution and the election or appointment

 

 

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1by the school board of its own school treasurer: (1) the
2trustees of schools in such township shall no longer have or
3exercise any powers and duties with respect to the school
4district governed by such school board or with respect to the
5school business, operations or assets of such school district;
6and (2) all books and records of the township trustees relating
7to the school business and affairs of such school district
8shall be transferred and delivered to the school board of such
9school district. Upon the effective date of this amendatory Act
10of 1993, the legal title to, and all right, title and interest
11formerly held by the township trustees in any school buildings
12and school sites used and occupied by the school board of such
13school district for school purposes, that legal title, right,
14title and interest thereafter having been transferred to and
15vested in the regional board of school trustees under P.A.
1687-473 until the abolition of that regional board of school
17trustees by P.A. 87-969, shall be deemed transferred by
18operation of law to and shall vest in the school board of that
19school district.
20    Notwithstanding subsections (a) and (c), the school boards
21of Oak Park & River Forest District 200, Oak Park Elementary
22School District 97, and River Forest School District 90 may, by
23proper resolution, withdraw from the jurisdiction and
24authority of the trustees of schools of Proviso and Cicero
25Townships and the township treasurer, provided that the school
26board shall, upon the adoption and passage of the resolution,

 

 

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1elect or appoint its own school treasurer as provided in
2Section 8-1 of this Code. Upon the adoption and passage of the
3resolution and the election or appointment by the school board
4of its own school treasurer: (1) the trustees of schools in the
5township or townships shall no longer have or exercise any
6powers or duties with respect to the school district or with
7respect to the school business, operations, or assets of the
8school district; (2) all books and records of the trustees of
9schools and all moneys, securities, loanable funds, and other
10assets relating to the school business and affairs of the
11school district shall be transferred and delivered to the
12school board; and (3) all legal title to and all right, title,
13and interest formerly held by the trustees of schools in any
14common school lands, school buildings, or school sites used and
15occupied by the school board and all rights of property and
16causes of action pertaining to or constituting a part of the
17common school lands, buildings, or sites shall be deemed
18transferred by operation of law to and shall vest in the school
19board.
20    Notwithstanding subsections (a) and (c), the respective
21school boards of Berwyn North School District 98, Berwyn South
22School District 100, Cicero School District 99, and J.S. Morton
23High School District 201 may, by proper resolution, withdraw
24from the jurisdiction and authority of the trustees of schools
25of Cicero Township and the township treasurer, provided that
26the school board shall, upon the adoption and passage of the

 

 

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1resolution, elect or appoint its own school treasurer as
2provided in Section 8-1 of this Code. Upon the adoption and
3passage of the resolution and the election or appointment by
4the school board of its own school treasurer: (1) the trustees
5of schools in the township shall no longer have or exercise any
6powers or duties with respect to the school district or with
7respect to the school business, operations, or assets of the
8school district; (2) all books and records of the trustees of
9schools and all moneys, securities, loanable funds, and other
10assets relating to the school business and affairs of the
11school district shall be transferred and delivered to the
12school board; and (3) all legal title to and all right, title,
13and interest formerly held by the trustees of schools in any
14common school lands, school buildings, or school sites used and
15occupied by the school board and all rights of property and
16causes of action pertaining to or constituting a part of the
17common school lands, buildings, or sites shall be deemed
18transferred by operation of law to and shall vest in the school
19board.
20    (c) Notwithstanding the provisions of subsection (a), the
21offices of township treasurer and trustee of schools of any
22township located in a Class II county school unit shall be
23abolished as provided in this subsection if all of the
24following conditions are met:
25        (1) During the same 30 day period, each school board of
26    each elementary and unit school district that is subject to

 

 

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1    the jurisdiction and authority of the township treasurer
2    and trustees of schools of the township in which those
3    offices are sought to be abolished gives written notice by
4    certified mail, return receipt requested to the township
5    treasurer and trustees of schools of that township of the
6    date of a meeting of the school board, to be held not more
7    than 90 nor less than 60 days after the date when the
8    notice is given, at which meeting the school board is to
9    consider and vote upon the question of whether there shall
10    be submitted to the electors of the school district a
11    proposition to abolish the offices of township treasurer
12    and trustee of schools of that township. None of the
13    notices given under this paragraph to the township
14    treasurer and trustees of schools of a township shall be
15    deemed sufficient or in compliance with the requirements of
16    this paragraph unless all of those notices are given within
17    the same 30 day period.
18        (2) Each school board of each elementary and unit
19    school district that is subject to the jurisdiction and
20    authority of the township treasurer and trustees of schools
21    of the township in which those offices are sought to be
22    abolished, by the affirmative vote of at least 5 members of
23    the school board at a school board meeting of which notice
24    is given as required by paragraph (1) of this subsection,
25    adopts a resolution requiring the secretary of the school
26    board to certify to the proper election authorities for

 

 

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1    submission to the electors of the school district at the
2    next consolidated election in accordance with the general
3    election law a proposition to abolish the offices of
4    township treasurer and trustee of schools of that township.
5    None of the resolutions adopted under this paragraph by any
6    elementary or unit school districts that are subject to the
7    jurisdiction and authority of the township treasurer and
8    trustees of schools of the township in which those offices
9    are sought to be abolished shall be deemed in compliance
10    with the requirements of this paragraph or sufficient to
11    authorize submission of the proposition to abolish those
12    offices to a referendum of the electors in any such school
13    district unless all of the school boards of all of the
14    elementary and unit school districts that are subject to
15    the jurisdiction and authority of the township treasurer
16    and trustees of schools of that township adopt such a
17    resolution in accordance with the provisions of this
18    paragraph.
19        (3) The school boards of all of the elementary and unit
20    school districts that are subject to the jurisdiction and
21    authority of the township treasurer and trustees of schools
22    of the township in which those offices are sought to be
23    abolished submit a proposition to abolish the offices of
24    township treasurer and trustee of schools of that township
25    to the electors of their respective school districts at the
26    same consolidated election in accordance with the general

 

 

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1    election law, the ballot in each such district to be in
2    substantially the following form:
3    -------------------------------------------------------------
4
OFFICIAL BALLOT
5            Shall the offices of township
6            treasurer and                       YES
7            trustee of                      -------------
8            schools of Township .....           NO
9            Range ..... be abolished?
10    -------------------------------------------------------------
11        (4) At the consolidated election at which the
12    proposition to abolish the offices of township treasurer
13    and trustee of schools of a township is submitted to the
14    electors of each elementary and unit school district that
15    is subject to the jurisdiction and authority of the
16    township treasurer and trustee of schools of that township,
17    a majority of the electors voting on the proposition in
18    each such elementary and unit school district votes in
19    favor of the proposition as submitted to them.
20    If in each elementary and unit school district that is
21subject to the jurisdiction and authority of the township
22treasurer and trustees of schools of the township in which
23those offices are sought to be abolished a majority of the
24electors in each such district voting at the consolidated
25election on the proposition to abolish the offices of township
26treasurer and trustee of schools of that township votes in

 

 

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1favor of the proposition as submitted to them, the proposition
2shall be deemed to have passed; but if in any such elementary
3or unit school district a majority of the electors voting on
4that proposition in that district fails to vote in favor of the
5proposition as submitted to them, then notwithstanding the vote
6of the electors in any other such elementary or unit school
7district on that proposition the proposition shall not be
8deemed to have passed in any of those elementary or unit school
9districts, and the offices of township treasurer and trustee of
10schools of the township in which those offices were sought to
11be abolished shall not be abolished, unless in each of those
12elementary and unit school districts remaining subject to the
13jurisdiction and authority of the township treasurer and
14trustees of schools of that township proceedings are again
15initiated to abolish those offices and all of the proceedings
16and conditions prescribed in paragraphs (1) through (4) of this
17subsection are repeated and met in each of those elementary and
18unit school districts.
19    Notwithstanding the foregoing provisions of this Section
20or any other provision of the School Code, the offices of
21township treasurer and trustee of schools of a township that
22has a population of less than 200,000 and that contains a unit
23school district and is located in a Class II county school unit
24shall also be abolished as provided in this subsection if all
25of the conditions set forth in paragraphs (1), (2), and (3) of
26this subsection are met and if the following additional

 

 

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1condition is met:
2        The electors in all of the school districts subject to
3    the jurisdiction and authority of the township treasurer
4    and trustees of schools of the township in which those
5    offices are sought to be abolished shall vote at the
6    consolidated election on the proposition to abolish the
7    offices of township treasurer and trustee of schools of
8    that township. If a majority of the electors in all of the
9    school districts combined voting on the proposition vote in
10    favor of the proposition, then the proposition shall be
11    deemed to have passed; but if a majority of the electors
12    voting on the proposition in all of the school district
13    fails to vote in favor of the proposition as submitted to
14    them, then the proposition shall not be deemed to have
15    passed and the offices of township treasurer and trustee of
16    schools of the township in which those offices were sought
17    to be abolished shall not be abolished, unless and until
18    the proceedings detailed in paragraphs (1) through (3) of
19    this subsection and the conditions set forth in this
20    paragraph are met.
21    If the proposition to abolish the offices of township
22treasurer and trustee of schools of a township is deemed to
23have passed at the consolidated election as provided in this
24subsection, those offices shall be deemed abolished by
25operation of law effective on January 1 of the calendar year
26immediately following the calendar year in which that

 

 

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1consolidated election is held, provided that if after the
2election, the trustees of schools by resolution elect to
3abolish the offices of township treasurer and trustee of
4schools effective on July 1 immediately following the election,
5then the offices shall be abolished on July 1 immediately
6following the election. On the date that the offices of
7township treasurer and trustee of schools of a township are
8deemed abolished by operation of law, the school board of each
9elementary and unit school district and the school board of
10each high school district that is subject to the jurisdiction
11and authority of the township treasurer and trustees of schools
12of that township at the time those offices are abolished: (i)
13shall appoint its own school treasurer as provided in Section
148-1; and (ii) unless the term of the contract of a township
15treasurer expires on the date that the office of township
16treasurer is abolished, shall pay to the former township
17treasurer its proportionate share of any aggregate
18compensation that, were the office of township treasurer not
19abolished at that time, would have been payable to the former
20township treasurer after that date over the remainder of the
21term of the contract of the former township treasurer that
22began prior to but ends after that date. In addition, on the
23date that the offices of township treasurer and trustee of
24schools of a township are deemed abolished as provided in this
25subsection, the school board of each elementary school, high
26school and unit school district that until that date is subject

 

 

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1to the jurisdiction and authority of the township treasurer and
2trustees of schools of that township shall be deemed by
3operation of law to have agreed and assumed to pay and, when
4determined, shall pay to the Illinois Municipal Retirement Fund
5a proportionate share of the unfunded liability existing in
6that Fund at the time these offices are abolished in that
7calendar year for all annuities or other benefits then or
8thereafter to become payable from that Fund with respect to all
9periods of service performed prior to that date as a
10participating employee in that Fund by persons serving during
11those periods of service as a trustee of schools, township
12treasurer or regular employee in the office of the township
13treasurer of that township. That unfunded liability shall be
14actuarially determined by the board of trustees of the Illinois
15Municipal Retirement Fund, and the board of trustees shall
16thereupon notify each school board required to pay a
17proportionate share of that unfunded liability of the aggregate
18amount of the unfunded liability so determined. The amount so
19paid to the Illinois Municipal Retirement Fund by each of those
20school districts shall be credited to the account of the
21township in that Fund. For each elementary school, high school
22and unit school district under the jurisdiction and authority
23of a township treasurer and trustees of schools of a township
24in which those offices are abolished as provided in this
25subsection, each such district's proportionate share of the
26aggregate compensation payable to the former township

 

 

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1treasurer as provided in this paragraph and each such
2district's proportionate share of the aggregate amount of the
3unfunded liability payable to the Illinois Municipal
4Retirement Fund as provided in this paragraph shall be computed
5in accordance with the ratio that the number of pupils in
6average daily attendance in each such district for the school
7year last ending prior to the date on which the offices of
8township treasurer and trustee of schools of that township are
9abolished bears to the aggregate number of pupils in average
10daily attendance in all of those districts as so reported for
11that school year.
12    Upon abolition of the offices of township treasurer and
13trustee of schools of a township as provided in this
14subsection: (i) the regional board of school trustees, in its
15corporate capacity, shall be deemed the successor in interest
16to the former trustees of schools of that township with respect
17to the common school lands and township loanable funds of the
18township; (ii) all right, title and interest existing or vested
19in the former trustees of schools of that township in the
20common school lands and township loanable funds of the
21township, and all records, moneys, securities and other assets,
22rights of property and causes of action pertaining to or
23constituting a part of those common school lands or township
24loanable funds, shall be transferred to and deemed vested by
25operation of law in the regional board of school trustees,
26which shall hold legal title to, manage and operate all common

 

 

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1school lands and township loanable funds of the township,
2receive the rents, issues and profits therefrom, and have and
3exercise with respect thereto the same powers and duties as are
4provided by this Code to be exercised by regional boards of
5school trustees when acting as township land commissioners in
6counties having at least 220,000 but fewer than 2,000,000
7inhabitants; (iii) the regional board of school trustees shall
8select to serve as its treasurer with respect to the common
9school lands and township loanable funds of the township a
10person from time to time also serving as the appointed school
11treasurer of any school district that was subject to the
12jurisdiction and authority of the township treasurer and
13trustees of schools of that township at the time those offices
14were abolished, and the person selected to also serve as
15treasurer of the regional board of school trustees shall have
16his compensation for services in that capacity fixed by the
17regional board of school trustees, to be paid from the township
18loanable funds, and shall make to the regional board of school
19trustees the reports required to be made by treasurers of
20township land commissioners, give bond as required by
21treasurers of township land commissioners, and perform the
22duties and exercise the powers of treasurers of township land
23commissioners; (iv) the regional board of school trustees shall
24designate in the manner provided by Section 8-7, insofar as
25applicable, a depositary for its treasurer, and the proceeds of
26all rents, issues and profits from the common school lands and

 

 

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1township loanable funds of that township shall be deposited and
2held in the account maintained for those purposes with that
3depositary and shall be expended and distributed therefrom as
4provided in Section 15-24 and other applicable provisions of
5this Code; and (v) whenever there is vested in the trustees of
6schools of a township at the time that office is abolished
7under this subsection the legal title to any school buildings
8or school sites used or occupied for school purposes by any
9elementary school, high school or unit school district subject
10to the jurisdiction and authority of those trustees of school
11at the time that office is abolished, the legal title to those
12school buildings and school sites shall be deemed transferred
13by operation of law to and invested in the school board of that
14school district, in its corporate capacity under Section
1510-22.35B of this Code 7-28, the same to be held, sold,
16exchanged leased or otherwise transferred in accordance with
17applicable provisions of this Code.
18    Notwithstanding Section 2-3.25g of this Code, a waiver of a
19mandate established under this Section may not be requested.
20(Source: P.A. 94-1078, eff. 1-9-07; 94-1105, eff. 6-1-07; 95-4,
21eff. 5-31-07; 95-876, eff. 8-21-08.)
 
22    (105 ILCS 5/7-01a new)
23    Sec. 7-01a. Purpose and applicability. The purpose of this
24Article is to permit greater flexibility and efficiency in the
25detachment and dissolution of school districts for the

 

 

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1improvement of the administration and quality of educational
2services and for the best interests of pupils. This Article
3applies only to school districts with under 500,000
4inhabitants, but includes special charter districts (except
5those districts organized under Article 34 of this Code) and
6non-high school districts.
 
7    (105 ILCS 5/7-01b new)
8    Sec. 7-01b. Definition. In this Article, "legal resident
9voter" means a person who is registered to vote at the time a
10circulated petition is filed and when the regional board of
11school trustees renders a decision, at the address shown
12opposite his or her signature on the petition, and resides in
13the detaching territory or dissolving school district.
 
14    (105 ILCS 5/7-04)  (from Ch. 122, par. 7-04)
15    Sec. 7-04. Districts in educational service regions of
162,000,000 or more inhabitants.
17    (a) In all proceedings under this Article to change by
18detachment, annexation, division, dissolution, or any
19combination of those methods the boundaries of any school
20district (other than a school district organized under Article
2134) located in an educational service region of 2,000,000 or
22more inhabitants in which the regional board of school trustees
23is abolished as provided in subsection (a) of Section 6-2, the
24trustees of schools of the township that has jurisdiction and

 

 

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1authority over the detaching or dissolving in which that school
2district is located, as the successor under subsection (b) of
3Section 6-2 to the former regional board of school trustees
4with respect to all territory located in that school township,
5shall have, exercise, and perform all powers, duties, and
6responsibilities required under this Article to be exercised
7and performed in those proceedings by a regional board of
8school trustees; provided that if any detaching or dissolving
9school district involved in affected by those proceedings is
10not under the jurisdiction and authority of the trustees of
11schools of a township located in a school township referred to
12in subsection (b) of Section 5-1 and there are no trustees of
13schools acting in that township then the school board of any
14such district, as the successor under subsection (b) of Section
156-2 to the former regional board of school trustees with
16respect to the territory comprising that school district, a
17hearing panel as established in this Section shall have,
18exercise, and perform all powers, duties, and responsibilities
19required under this Article to be exercised and performed in
20those proceedings with respect to the detaching or dissolving
21the territory of that school district by a regional board of
22school trustees. ; and provided further that: (i) when any
23school district affected by those proceedings is located not
24only in an educational service region of 2,000,000 or more
25inhabitants but also in 2 or more school townships in that
26region that each have trustees of schools of the township, then

 

 

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1the boundaries of that school district may be changed under
2this Article by detachment, annexation, division, dissolution,
3or any combination of those methods only by the concurrent
4action of, taken following a joint hearing before the trustees
5of schools of those townships (in that educational service
6region) in which that school district is located; and (ii) if
7any part of the school district referred to in item (i) of this
8subsection also lies within an educational service region that
9has a regional board of school trustees, the boundaries of that
10district may be changed under this Article only by the
11concurrent action of, taken following a joint hearing before
12the trustees of schools of the townships referred to in item
13(i) of this subsection and the regional board of school
14trustees of the educational service region referred to in this
15item (ii) of this subsection. Whenever concurrent action and
16joint hearings are required under this subsection, the original
17petition shall be filed with the trustees of schools of the
18township in which the territory or greatest portion of the
19territory being detached is located, or if the territory is
20being detached from more than one educational service region
21then with the regional board of school trustees of the region
22or the trustees of schools of the township in which the
23territory or greatest portion of the territory being detached
24is located.
25    (a-5) As applicable, the hearing panel shall be made up of
263 persons who have a demonstrated interest and background in

 

 

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1education. Each hearing panel member must reside within an
2educational service region of 2,000,000 or more inhabitants but
3not within the boundaries of a school district organized under
4Article 34 of this Code and may not be a current school board
5member of the detaching or dissolving or annexing school
6district or a current employee of the detaching or dissolving
7or annexing school district or hold any county office. None of
8the hearing panel members may reside within the same school
9district. All 3 persons must be selected by the chief
10administrative officer of the educational service center in
11which the chief administrative officer has supervision and
12control, as defined in Section 3-14.2 of this Code, of the
13detaching or dissolving school district. The members of a
14hearing panel as established in this Section shall serve
15without remuneration; however, the necessary expenses,
16including travel, attendant upon any meeting or hearing in
17relation to a proceeding under this Article must be paid.
18    (a-10) The petition must be filed with the trustees of
19schools of the township with jurisdiction and authority over
20the detaching or dissolving school district or with the chief
21administrative officer of the educational service center in
22which the chief administrative officer has supervision and
23control, as defined in Section 3-14.2 of this Code, of the
24detaching or dissolving school district, as applicable. The
25chief administrative officer of the educational service center
26or a person designated by the trustees of schools of the

 

 

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1township, as applicable, shall have, exercise, and perform all
2powers, duties, and responsibilities required under this
3Article that are otherwise assigned to regional
4superintendents of schools.
5    (b) Except as otherwise provided in this Section, all other
6provisions of this Article shall apply to any proceedings under
7this Article to change the boundaries of any school district
8located in an educational service region having 2,000,000 or
9more inhabitants in the same manner that those provisions apply
10to any proceedings to change the boundaries of any school
11district located in any other educational service region;
12provided, that any reference in those other provisions to the
13regional board of school trustees shall mean, with respect to
14all territory within an educational service region containing
152,000,000 or more inhabitants that formerly was served by a
16regional board of school trustees abolished under subsection
17(a) of Section 6-2, the trustees of schools of the township or
18the school board of the school district that is the successor
19under subsection (b) of Section 6-2 to the former regional
20board of school trustees with respect to the territory included
21within that school township or school district or the hearing
22panel as established by this Section.
23(Source: P.A. 87-969.)
 
24    (105 ILCS 5/7-1)  (from Ch. 122, par. 7-1)
25    Sec. 7-1. Changing Districts in one educational service

 

 

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1region - changing boundaries by detachment or dissolution.
2    (a) School district boundaries lying entirely within any
3educational service region may be changed by detachment,
4annexation, division or dissolution or any combination thereof
5by the regional board of school trustees of such region, or by
6the State Superintendent of Education as provided in subsection
7(l) of Section 7-6, when petitioned by the boards of each
8district affected or by a majority of the registered voters in
9each district affected or by two-thirds of the registered
10voters in any territory proposed to be detached from one or
11more districts or in each of one or more districts proposed to
12be annexed to another district.
13    The petition must be filed with and decided solely by the
14regional board of school trustees of the region in which the
15regional superintendent of schools has supervision and
16control, as defined in Section 3-14.2 of this Code, of the
17detaching or dissolving school district. The petition may be
18filed in any office operated by the regional superintendent
19with supervision and control, as defined in Section 3-14.2 of
20this Code, of the detaching or dissolving school district.
21    A petition for boundary change must be filed by the school
22board of the detaching or dissolving district, by a majority of
23the legal resident voters in the dissolving district, or by
24two-thirds of a combination of the legal resident voters and
25the owners of record of any real estate with no legal resident
26voters in any territory proposed to be detached. If any of the

 

 

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1territory proposed to be detached contains real estate with no
2legal resident voters, petitioners shall deliver the petition
3by certified mail, return receipt requested, to all owners of
4record of any real estate with no legal resident voters. Proof
5of such delivery must be presented as evidence at the hearing
6required under Section 7-6 of this Code. Any owner of record of
7real estate with no legal resident voters in any territory
8proposed to be detached may either sign the petition in person
9and before the circulator as described in this Section or
10return the petition with his or her notarized signature to be
11included as a petitioner. No person may sign a petition in the
12capacity of both a legal resident voter and owner of record. If
13there are no legal resident voters within the territory
14proposed to be detached, then the petition must be signed by
15all of the owners of record of the real estate of the
16territory. Legal resident Registered voters shall be
17determined by the official voter registration lists as of the
18date the petition is filed. No signatures shall be added or
19withdrawn after the date the petition is filed. The length of
20time for signatures to be valid, before filing of the petition,
21shall not exceed 6 months. Notwithstanding any provision to the
22contrary contained in the Election Code, the regional
23superintendent of schools shall make all determinations
24regarding the validity of the petition, including, without
25limitation, signatures on the petition. If the regional
26superintendent determines that the petition is not in proper

 

 

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1order or not in compliance with any applicable petition
2requirements, the regional superintendent may not accept the
3petition for filing and may return the petition to the
4petitioners. Any party who is dissatisfied with the
5determination of the regional superintendent regarding the
6validity of the petition may appeal the regional
7superintendent's decision to the regional board of school
8trustees by motion, and the motion must be heard by the
9regional board of school trustees prior to any hearing on the
10merits of the petition. If there are no registered voters
11within the territory proposed to be detached from one or more
12districts, then the petition may be signed by all of the owners
13of record of the real estate of the territory. Notwithstanding
14any other provisions of this Article, if pursuant to a petition
15filed under this subsection all of the territory of a school
16district is to be annexed to another school district, any
17action by the regional board of school trustees or State
18Superintendent of Education in granting or approving the
19petition and any change in school district boundaries pursuant
20to that action is subject to and the change in school district
21boundaries shall not be made except upon approval at a regular
22scheduled election, in the manner provided by Section 7-7.7, of
23a proposition for the annexation of all of the territory of
24that school district to the other school district.
25    Petitions for detachment and dissolution Each page of the
26circulated petition shall include the full prayer of the

 

 

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1petition with a general description of the territory at the top
2of each page. Each , and each signature contained therein shall
3match the official signature and address of the legal resident
4registered voters as recorded in the office of the county clerk
5or board of election commissioners, and each election authority
6having jurisdiction over the county. Each petitioner shall also
7record the date of his or her signing. Except in instances of a
8notarized signature of an owner of record of real estate with
9no legal resident voters in any territory proposed to be
10detached, each Each page of the circulated petition shall be
11signed by a circulator stating that he or she has who has
12witnessed the signature of each petitioner on that page.
13Detachment petitions containing 10 or fewer signatures may be
14notarized in lieu of a circulator statement. Each petition
15shall include an accurate legal description and map of the
16territory proposed to be detached. If a petition proposes to
17dissolve an entire district, then the full name and number of
18the district and a map are sufficient. Each petition shall
19include the names of petitioners; the district to be dissolved
20or the district from which the territory is proposed to be
21detached; the district or districts to which the territory is
22proposed to be annexed; evidence that the detaching or
23dissolving territory is compact and contiguous with the
24annexing district or districts or otherwise meets the
25requirements set forth in Section 7-4 of this Code; the
26referendum date, if applicable; and facts that support

 

 

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1favorable findings for the factors to be considered by the
2regional board of school trustees pursuant to Section 7-6 of
3this Code. The length of time for signatures to be valid,
4before filing of the petition, shall not exceed 6 months.
5    Where there is only one school building in an approved
6operating district, the building and building site may not be
7included in any detachment proceeding unless petitioned by
8two-thirds of the registered voters within the entire district
9wherein the school is located.
10    Notwithstanding any other provisions of this Code, if,
11pursuant to a petition filed under this subsection (a), all of
12the territory of a school district is to be annexed to another
13school district, then any action by the regional board of
14school trustees in granting or approving the petition and any
15change in school district boundaries pursuant to that action is
16subject to and the change in school district boundaries may not
17be made except upon approval, at a regular scheduled election,
18in the manner provided by Section 7-7.7 of this Code, of a
19proposition for the annexation of all of the territory of that
20school district to the other school district.
21    No petition may be filed under this Section to form a new
22school district under this Article; however, such a petition
23may be filed under this Section to form a new school district
24if the boundaries of such new school district lie entirely
25within the boundaries of a military base or installation
26operated and maintained by the government of the United States.

 

 

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1    (b) Any elementary or high school district with 100 or more
2of its students residing upon territory located entirely within
3a military base or installation operated and maintained by the
4government of the United States, or any unit school district or
5any combination of the above mentioned districts with 300 or
6more of its students residing upon territory located entirely
7within a military base or installation operated and maintained
8by the government of the United States, shall, upon the filing
9with the regional board of school trustees of a petition
10adopted by resolution of the board of education or a petition
11signed by a majority of the registered voters residing upon
12such military base or installation, have all of the territory
13lying entirely within such military base or installation
14detached from such school district, and a new school district
15comprised of such territory shall be created. The petition
16shall be filed with and decided solely by the regional board of
17school trustees of the region in which the regional
18superintendent of schools has supervision and control, as
19defined by Section 3-14.2 of this Code, of the school district
20affected. The regional board of school trustees shall have no
21authority to deny the detachment and creation of a new school
22district requested in a proper petition filed under this
23subsection. This subsection shall apply only to those school
24districts having a population of not fewer than 1,000 and not
25more than 500,000 residents, as ascertained by any special or
26general census.

 

 

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1    The new school district shall tuition its students to the
2same districts that its students were previously attending and
3the districts from which the new district was detached shall
4continue to educate the students from the new district, until
5the federal government provides other arrangements. The
6federal government shall pay for the education of such children
7as required by Section 6 of Public Law 81-874.
8    If a school district created under this subsection (b) has
9not elected a school board and has not become operational
10within 2 years after the date of detachment, then this district
11is automatically dissolved and the territory of this district
12reverts to the school district from which the territory was
13detached or any successor district thereto. Any school district
14created under this subsection (b) on or before September 1,
151996 that has not elected a school board and has not been
16operational since September 1, 1996 is automatically dissolved
17on the effective date of this amendatory Act of 1999, and on
18this date the territory of this district reverts to the school
19district from which the territory was detached. For the
20automatic dissolution of a school district created under this
21subsection (b), the regional superintendent of schools who has
22supervision and control, as defined by Section 3-14.2 of this
23Code, of the school district from which the territory was
24detached shall certify to the regional board of school trustees
25that the school district created under this subsection (b) has
26been automatically dissolved.

 

 

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1(Source: P.A. 90-459, eff. 8-17-97; 91-460, eff. 8-6-99.)
 
2    (105 ILCS 5/7-2a)  (from Ch. 122, par. 7-2a)
3    Sec. 7-2a. (a) (Blank). Except as provided in subsection
4(b) of this Section, any petition for dissolution filed under
5this Article must specify the school district or districts to
6which all of the territory of the district proposed to be
7dissolved will be annexed. Any petition for dissolution may be
8made by the board of education of the district or a majority of
9the legal voters residing in the district proposed to be
10dissolved. No petition from any other district affected by the
11proposed dissolution shall be required.
12    (b) Any school district with a population of less than
135,000 residents or an enrollment of less than 750 students, as
14determined by the district's most recent fall enrollment counts
15as posted on the State Board of Education's website current
16fall housing report filed with the State Board of Education,
17shall be dissolved and its territory annexed as provided in
18Section 7-11 of this Code by the regional board of school
19trustees upon the filing with the regional board of school
20trustees of a petition adopted by resolution of the board of
21education or a petition signed by a majority of the legal
22resident registered voters of the district seeking such
23dissolution. No petition shall be adopted or signed under this
24subsection until the board of education or the petitioners, as
25the case may be, shall have given at least 10 days' notice to

 

 

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1be published once in a newspaper having general circulation in
2the district and shall have conducted a public informational
3meeting to inform the residents of the district of the proposed
4dissolution and to answer questions concerning the proposed
5dissolution. The petition shall be filed with and decided
6solely by the regional board of school trustees of the region
7in which the regional superintendent of schools has supervision
8and control, as defined by Section 3-14.2 of this Code, of the
9school district being dissolved.
10    The regional board of school trustees shall not act on a
11petition filed by a board of education if within 45 days after
12giving the first notice of the hearing required under Section
137-11 of this Code a petition in opposition to the petition of
14the board to dissolve, signed by a majority of the legal
15resident registered voters of the district, is filed with the
16regional board of school trustees. In such an event, the
17dissolution petition is dismissed on procedural grounds by
18operation of law and the regional board of school trustees
19shall have no further authority to consider the petition. A
20dissolution petition dismissed as the result of a valid
21opposition petition is not subject to the limitation on
22successive petitions as provided in Section 7-8 of this Code,
23and a new petition may be filed upon receipt of the regional
24board of school trustees' notice stating that the original
25petition was dismissed by operation of law.
26    For all petitions under this Section, the legal resident

 

 

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1voters must be determined by the official voter registration
2lists as of the date the petition is filed. No signatures may
3be added or withdrawn after the date the petition is filed. The
4length of time for signatures to be valid, before filing of the
5petition, may not exceed 6 months. Notwithstanding any
6provision to the contrary contained in the Election Code, the
7regional superintendent of schools shall make all
8determinations regarding the validity of the petition,
9including, without limitation, signatures on the petition. Any
10party who is dissatisfied with the determination of the
11regional superintendent regarding the validity of the petition
12may appeal the regional superintendent's decision to the
13regional board of school trustees by motion, and the motion
14must be heard by the regional board of school trustees prior to
15any hearing on annexing the territory of a district being
16dissolved. If no opposition petition is timely filed, the The
17regional board of school trustees shall have no authority to
18deny dissolution requested in a proper petition for dissolution
19filed under this Section subsection (b), but shall exercise its
20discretion in accordance with Section 7-11 of this Code on the
21issue of annexing the territory of a district being dissolved,
22giving consideration to but not being bound by the wishes
23expressed by the residents of the various school districts that
24may be affected by such annexation.
25    When dissolution and annexation become effective for
26purposes of administration and attendance as determined

 

 

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1pursuant to Section 7-11, the positions of teachers in
2contractual continued service in the district being dissolved
3are transferred to an annexing district or to annexing
4districts pursuant to the provisions of subsection (h) of
5Section 24-11 of this Code relative to teachers having
6contractual continued service status whose positions are
7transferred from one board to the control of a different board,
8and those said provisions of subsection (h) of Section 24-11 of
9this Code shall apply to said transferred teachers. In the
10event that the territory is added to 2 or more districts, the
11decision on which positions shall be transferred to which
12annexing districts shall be made giving consideration to the
13proportionate percent of pupils transferred and the annexing
14districts' staffing needs, and the transfer of specific
15individuals into such positions shall be based upon the request
16of those teachers in order of seniority in the dissolving
17district. The contractual continued service status of any
18teacher thereby transferred to an annexing district is not lost
19and the different board is subject to this Act with respect to
20such transferred teacher in the same manner as if such teacher
21was that district's employee and had been its employee during
22the time such teacher was actually employed by the board of the
23dissolving district from which the position was transferred.
24(Source: P.A. 98-125, eff. 8-2-13; 99-657, eff. 7-28-16.)
 
25    (105 ILCS 5/7-2.4)  (from Ch. 122, par. 7-2.4)

 

 

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1    Sec. 7-2.4. A petition for detachment of territory from a
2special charter district with annexation to another school
3district, for detachment of territory from a school district
4with annexation to a special charter district, or for
5dissolution of a school district with annexation to a special
6charter district for annexation to or detachment of territory
7from a special charter school district must be filed with the
8governing body of the special charter district, and a certified
9copy thereof must be sent to each other detaching, dissolving,
10or annexing school district affected and to the regional county
11board of school trustees of the region county in which the
12regional county superintendent has supervision and control, as
13defined in Section 3-14.2 of this Code, of the detaching or
14dissolving district from which the petition seeks to have
15territory detached, or if territory is being detached from more
16than one county, to the county board of school trustees of the
17county in which the county superintendent has supervision over
18the greatest portion of such territory. A petition request for
19such annexation or detachment of territory must be filed by the
20school board of the detaching or dissolving district, by a
21majority of the legal resident voters in the dissolving
22district, or by two-thirds of a combination of the legal
23resident voters and the owners of record of any real estate
24with no legal resident voters in any territory proposed to be
25may be initiated by any district affected by such proposed
26annexation or detachment of territory by a petition signed by

 

 

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1the board of education and by 25% or 1,000 of the legal voters
2of the district, whichever is less, or by 50% of the legal
3voters residing in any territory requesting to be annexed or
4detached. If any of the territory proposed to be detached
5contains real estate with no legal resident voters, petitioners
6shall deliver the petition by certified mail, return receipt
7requested, to all owners of record of any real estate with no
8legal resident voters. Proof of the delivery must be presented
9as evidence at any hearing required by Section 7-2.6 of this
10Code. Any owner of record of real estate with no legal resident
11voters in any territory proposed to be detached may either sign
12the petition in person and before the circulator as described
13in Section 7-1 of this Code or return the petition with his or
14her notarized signature to be included as a petitioner. No
15person may sign a petition in the capacity of both a legal
16resident voter and owner of record. If there are no legal
17resident voters residing within the territory proposed to be
18detached or annexed, then the petition must may be signed by
19all 50% of the owners of record of the real estate of the
20territory. Petitions must contain all of the elements set forth
21in subsection (a) of Section 7-1 of this Code.
22    Where there is only one school building in an approved
23operating school district, the building and building site may
24not be included in any detachment proceeding unless the
25petition is signed by 2/3 of the eligible voters within the
26entire district wherein the school is located.

 

 

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1(Source: Laws 1967, p. 2540.)
 
2    (105 ILCS 5/7-2.5)  (from Ch. 122, par. 7-2.5)
3    Sec. 7-2.5. If no objection to the dissolution annexation
4or detachment of territory, prayed for in a petition under
5Section 7-2.4 of this Code , is filed with the special charter
6school district or with the regional board of school trustees
7within 30 days after notice of the filing of such petition for
8annexation or detachment is given to each district affected,
9the dissolution annexation or detachment of territory takes
10effect, subject to Section 7-9 of this Code Act. However, if an
11objection to the proposed dissolution annexation or detachment
12of territory is filed with either the special charter district
13or the regional board of school trustees, the regional board of
14school trustees, within 15 days after receiving the objection,
15shall appoint 2 legal resident voters from the district or
16districts under its their jurisdiction and involved in the
17proposed dissolution annexation or detachment of territory,
18subject to the approval of the boards of education of the
19districts involved in the proposed dissolution or detachment of
20territory affected, and the board or governing body of the
21special charter district shall appoint 2 legal resident voters
22from the special charter district. Those 4 appointees shall
23meet within 20 days of their appointment and by a majority vote
24select 3 persons who reside outside the jurisdiction of the
25districts involved in affected by the proposed dissolution

 

 

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1annexation or detachment of territory and who have a
2demonstrated interest and background in education. If a
3majority of the original 4 appointees cannot agree on the
4selection of the 3 additional members within 20 days of their
5appointment, the State Board of Education shall select the 3
6additional persons, subject to the same criteria as required
7when selection is by the 4 appointees. The 4 appointees and the
83 additional persons selected under this Section constitute the
9Hearing Board and 4 members shall constitute a quorum.
10    Within 10 days after the Hearing Board has been selected
11the regional superintendent of schools of the region in which
12the special charter district is located shall call an
13organization meeting of said Hearing Board.
14(Source: P.A. 81-1508.)
 
15    (105 ILCS 5/7-2.6)  (from Ch. 122, par. 7-2.6)
16    Sec. 7-2.6. At its organization meeting, the Hearing Board
17shall choose from its membership a chairman and a secretary.
18The secretary shall cause a copy of such petition to be sent to
19the president of the school each board of each detaching or
20dissolving and annexing school district any district involved
21in the proposed boundary change, and shall cause a notice
22thereof to be published once in a newspaper having general
23circulation within the area of the detaching or dissolving and
24annexing territory described in the petition for the proposed
25change of boundaries. The petitioners shall pay the expenses of

 

 

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1publishing the notice and of any transcript taken at the
2hearing and mailing the final order. In case of an appeal from
3the decision of the Hearing Board, the appellants shall pay the
4cost of preparing the record for appeal. The notice must state
5when the petition was filed, the description of the detaching
6territory or name of the dissolving district, the name of the
7annexing district, the prayer of the petition, and the day and
8time on and location in which the hearing upon the petition
9will be held, which day may not be more than 30 15 nor less than
1015 calendar 10 days after the publication of notice. Any
11additional expense not enumerated above shall be borne equally
12by the school districts involved.
13    The Hearing Board shall hear the petition and determine the
14sufficiency thereof and may adjourn the hearing from time to
15time or continue the matter for want of sufficient notice or
16for other good cause. The Hearing Board (a) shall hear evidence
17as to the school needs and conditions of the territory in the
18area within and adjacent thereto, and as to the ability of the
19districts affected to meet the standards of recognition as
20prescribed by the State Board of Education, (b) shall take into
21consideration the division of funds and assets which will
22result from any change of boundaries, and the will of the
23people of the area affected, and (c) shall determine whether it
24is to the best interests of the schools of the area and the
25educational welfare of the pupils should such change in
26boundaries be granted.

 

 

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1    The Hearing Board may administer oaths, determine the
2admissibility of evidence, and issue subpoenas for the
3attendance of witnesses and subpoena duces tecum for the
4production of documents. At the hearing, any resident in the
5territory prescribed in the petition, or any resident in any
6detaching, dissolving, or annexing school district or any
7representative of a detaching, dissolving, or annexing school
8district affected by the proposed change of boundaries, may
9appear in person or by attorney in support of the petition or
10to object to the granting of the petition and may present give
11evidence in support of his or her position through either oral
12or written testimony. At the conclusion of the hearing, the
13Hearing Board shall, within 30 days, enter an order either
14granting or denying the petition. The Hearing Board shall
15deliver a certified copy of the order by certified mail, return
16receipt requested, and shall deliver to the petitioners; the
17president of the school board of each detaching or dissolving
18and annexing district; any person providing testimony in
19support of or opposition to the petition at the hearing; , to
20all affected districts, to any person who has filed his or her
21appearance in writing at the hearing or to any attorney who
22appears for any person; , to any objector who testified at such
23hearing, and to the regional superintendent of schools who has
24supervision and control, as defined in Section 3-14.2 of this
25Code, of each detaching or dissolving and annexing district of
26each region in which the territory or any district affected

 

 

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1lies, a certified copy of its order by registered mail. The
2Hearing Board is not required to send a copy of the Hearing
3Board's order to those attending the hearing but not
4participating. The final order shall be in writing and include
5findings of fact, conclusions of law, and the decision to grant
6or deny the petition.
7    Within 10 days after service of the certified copy of the
8order granting or denying the petition, any person so served
9may petition for rehearing and upon sufficient cause being
10shown, the Hearing Board may grant a rehearing. The petition
11for rehearing shall specify the reason for the request. The
12Hearing Board shall first determine whether there is sufficient
13cause for a rehearing. If so determined, then the Hearing Board
14shall allow the petition to be heard anew in its entirety in
15accordance with all procedures in this Section. The party
16requesting a rehearing shall pay the expenses of publishing the
17notice and of any transcript taken at the hearing. The filing
18of a petition for rehearing operates as a stay of enforcement
19until the Hearing Board board enters its final order on that
20petition for rehearing.
21(Source: P.A. 84-551.)
 
22    (105 ILCS 5/7-2.7)  (from Ch. 122, par. 7-2.7)
23    Sec. 7-2.7. The decision of the Hearing Board under Section
247-2.6 is an "administrative decision" as defined in Section
253-101 of the Code of Civil Procedure, and any resident, who

 

 

10000HB2612ham001- 39 -LRB100 06182 NHT 23056 a

1appears at the hearings, or any petitioner, or board of
2education entitled to receive a certified copy of the Hearing
3Board's order of any district affected, may, within 35 days
4after a copy of the decision sought to be reviewed was served
5by certified mail, return receipt requested, upon the resident,
6petitioner, or board of education, registered mail upon the
7party affected thereby, file a complaint for a judicial review
8of that decision in accordance with the Administrative Review
9Law and the rules adopted pursuant thereto. The commencement of
10any action for judicial review operates as a stay of
11enforcement, and no further proceedings must not may be had
12until final disposition of such review. Any change in
13boundaries resulting from the proceedings under Sections 7-2.4
14through 7-2.7 takes effect on the date determined pursuant to
15Section 7-9 of this Code Act.
16(Source: P.A. 84-551.)
 
17    (105 ILCS 5/7-4)  (from Ch. 122, par. 7-4)
18    Sec. 7-4. Requirements for granting petitions. No petition
19shall be granted under Section 7-1 or 7-2 of this Code:
20    (a) If there will be any non-high school territory
21resulting from the granting of the petition.
22    (b) (Blank). Unless after granting the petition any
23community unit district, community consolidated district,
24elementary district or high school district created shall have
25a population of at least 2,000 and an equalized assessed

 

 

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1valuation of at least $6,000,000 based upon the last value as
2equalized by the Department of Revenue as of the date of filing
3of the petition.
4    (c) Unless the territory within any district so created or
5any district whose boundaries are affected by the granting of a
6petition shall after the granting thereof be compact and
7contiguous, except as provided in Section 7-6 of this Code or
8as otherwise provided in this subdivision (c). The fact that a
9district is divided by territory lying within the corporate
10limits of the city of Chicago shall not render it non-compact
11or non-contiguous. If, pursuant to a petition filed under
12Section 7-1 or 7-2 of this Code, all of the territory of a
13district is to be annexed to another district, then the
14annexing district and the annexed district need not be
15contiguous if the following requirements are met and documented
16within 2 calendar years prior to the petition filing date:
17        (1) the distance between each district administrative
18    office is documented as no more than 30 miles;
19        (2) every district contiguous to the district wishing
20    to be annexed determines that it is not interested in
21    participating in a petition filed under Section 7-1 or 7-2
22    of this Code, through a vote of its school board, and
23    documents that non-interest in a letter to the regional
24    board of school trustees containing approved minutes that
25    record the school board vote; and
26        (3) documentation of meeting these requirements are

 

 

10000HB2612ham001- 41 -LRB100 06182 NHT 23056 a

1    presented as evidence at the hearing required under Section
2    7-6 of this Code.
3    (d) (Blank). To create any school district with a
4population of less than 2,000 unless the State Board of
5Education and the regional superintendent of schools for the
6region in which the proposed district will lie shall certify to
7the regional board or boards of school trustees that the
8creation of such new district will not interfere with the
9ultimate reorganization of the territory of such proposed
10district as a part of a district having a population of 2,000
11or more. Notwithstanding any other provisions of this Article,
12the granting or approval by a regional board or regional boards
13of school trustees or by the State Superintendent of Education
14of a petition that under subsection (b-5) of Section 7-6 is
15required to request the submission of a proposition at a
16regular scheduled election for the purpose of voting for or
17against the annexation of the territory described in the
18petition to the school district proposing to annex that
19territory is subject to, and any change in school district
20boundaries pursuant to the granting of the petition shall not
21be made except upon, approval of the proposition at the
22election in the manner provided by Section 7-7.7.
23(Source: P.A. 98-125, eff. 8-2-13.)
 
24    (105 ILCS 5/7-4.1)  (from Ch. 122, par. 7-4.1)
25    Sec. 7-4.1. Copies of petition. Each petition submitted

 

 

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1under the provisions of Section 7-1 of this Code or 7-2 shall
2include proof of notice to owners of record of real estate with
3no legal resident voters in any territory proposed to be
4detached, if applicable, and be accompanied by sufficient
5copies thereof for distribution to the president of the school
6board of each detaching or dissolving and annexing school
7district involved. The copies need not contain original
8signatures be signed by the petitioners as is required of the
9original petition.
10(Source: Laws 1963, p. 3037.)
 
11    (105 ILCS 5/7-5)  (from Ch. 122, par. 7-5)
12    Sec. 7-5. Detachment set aside upon petition. If there is a
13recognized school district which as a result of detachment is
14without a school building, the detachment may be set aside by
15the regional county board of school trustees of the region in
16county over which the regional county superintendent of schools
17had supervision and control, as defined in Section 3-14.2 of
18this Code, prior to the detachment upon petition by two-thirds
19of the eligible voters in the school district after such
20detachment and the detached area. The regional county board of
21school trustees shall conduct a hearing upon the petition as
22prescribed and in the manner provided in Section 7-6 of this
23Code.
24(Source: Laws 1961, p. 31.)
 

 

 

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1    (105 ILCS 5/7-6)  (from Ch. 122, par. 7-6)
2    Sec. 7-6. Petition filing; notice; hearing; decision.
3    (a) The secretary of the regional board of school trustees
4or his or her designee, the chief administrative officer of an
5educational service center under Section 7-04 of this Code or
6his or her designee, or the person designated by the trustees
7of schools of the township in accordance with subsection (a-10)
8of Section 7-04 of this Code, as appropriate, shall receive the
9filing of the petition, make the determination of validity in
10accordance with subsection (a) of Section 7-1 of this Section,
11publish the notice, conduct the hearing, and issue the final
12order. Upon the filing of a petition with the secretary of the
13regional board of school trustees under the provisions of
14Section 7-1 or 7-2 of this Code, Act the secretary shall cause
15a copy of such petition to be given to the president of the
16school each board of each detaching or dissolving and annexing
17school any district involved in the proposed boundary change
18and shall cause a notice thereof to be published once in a
19newspaper having general circulation within the area of the
20detaching or dissolving and annexing territory described in the
21petition for the proposed change of boundaries.
22    (b) (Blank). When a joint hearing is required under the
23provisions of Section 7-2, the secretary also shall cause a
24copy of the notice to be sent to the regional board of school
25trustees of each region affected. Notwithstanding the
26foregoing provisions of this Section, if the secretary of the

 

 

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1regional board of school trustees with whom a petition is filed
2under Section 7-2 fails, within 30 days after the filing of
3such petition, to cause notice thereof to be published and sent
4as required by this Section, then the secretary of the regional
5board of school trustees of any other region affected may cause
6the required notice to be published and sent, and the joint
7hearing may be held in any region affected as provided in the
8notice so published.
9    (b-5) If a petition filed under subsection (a) of Section
107-1 of this Code or under Section 7-2 proposes to annex all the
11territory of a school district to another school district, the
12petition shall request the submission of a proposition at a
13regular scheduled election for the purpose of voting for or
14against the annexation of the territory described in the
15petition to the school district proposing to annex that
16territory. No petition filed or election held under this
17Article shall be null and void, invalidated, or deemed in
18noncompliance with the Election Code because of a failure to
19publish a notice with respect to the petition or referendum as
20required under subsection (g) of Section 28-2 of that Code for
21petitions that are not filed under this Article or Article 11E
22of this Code.
23    (c) When a petition contains more than 10 signatures the
24petition shall designate a committee of 10 of the petitioners
25as attorney in fact for all petitioners, any 7 of whom may make
26binding stipulations on behalf of all petitioners as to any

 

 

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1question with respect to the petition or hearing or joint
2hearing, and the regional board of school trustees, or regional
3boards of school trustees in cases of a joint hearing may
4accept such stipulation in lieu of evidence or proof of the
5matter stipulated. The committee of petitioners shall have the
6same power to stipulate to accountings or waiver thereof
7between school districts; however, the regional board of school
8trustees, or regional boards of school trustees in cases of a
9joint hearing may refuse to accept such stipulation. Those
10designated as the committee of 10 shall serve in that capacity
11until such time as the regional superintendent of schools or
12the committee of 10 determines that, because of death,
13resignation, transfer of residency from the territory, or
14failure to qualify, the office of a particular member of the
15committee of 10 is vacant. Upon determination that a vacancy
16exists, the remaining members shall appoint a petitioner to
17fill the designated vacancy on the committee of 10. The
18appointment of any new members by the committee of 10 shall be
19made by a simple majority vote of the remaining designated
20members.
21    (d) The petition may be amended to withdraw not to exceed a
22total of 10% of the territory in the petition at any time prior
23to the hearing or joint hearing; provided that the petition
24shall after amendment comply with the requirements as to the
25number of signatures required on an original petition.
26    (e) The petitioners shall pay the expenses of publishing

 

 

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1the notice and of any transcript taken at the hearing and
2mailing the final order or joint hearing; and, in case of an
3appeal from the decision of the regional board of school
4trustees, or regional boards of school trustees in cases of a
5joint hearing, or State Superintendent of Education in cases
6determined under subsection (l) of this Section, the appellants
7shall pay the cost of preparing the record for appeal. The
8regional superintendent of schools with whom the petition is
9filed may request a deposit at the time of filing to cover
10expenses as provided in this subsection (e).
11    (f) The notice shall state when the petition was filed, the
12description of the detaching territory or name of the
13dissolving district, the name of the annexing district, the
14prayer of the petition, and the return day and time on and
15location in which the hearing or joint hearing upon the
16petition will be held, which shall not be more than 30 15 nor
17less than 15 calendar 10 days after the publication of notice.
18    (g) Prior to the hearing, the secretary of the regional
19board of school trustees shall submit to the regional board of
20school trustees maps showing the districts involved and a
21written report of the financial and educational conditions of
22the districts involved and the probable effect of the proposed
23changes. The reports and maps submitted must be made a part of
24the record of the proceedings of the regional board of school
25trustees. A copy of the report and maps submitted must be sent
26by the secretary of the regional board of school trustees to

 

 

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1the president of the school board of each detaching or
2dissolving and annexing school district not less than 5 days
3prior to the day upon which the hearing is to be held. On such
4return day or on a day to which the regional board of school
5trustees, or regional boards of school trustees in cases of a
6joint hearing shall continue the hearing or joint hearing the
7regional board of school trustees, or regional boards of school
8trustees in cases of a joint hearing shall hear the petition
9but may adjourn the hearing or joint hearing from time to time
10or may continue the matter for want of sufficient notice or
11other good cause.
12    (h) On the hearing day or on a day to which the regional
13board of school trustees shall continue the hearing, the
14regional board of school trustees shall hear the petition but
15may adjourn the hearing from time to time or may continue the
16matter for want of sufficient notice or other good cause. Prior
17to the hearing or joint hearing the secretary of the regional
18board of school trustees shall submit to the regional board of
19school trustees, or regional boards of school trustees in cases
20of a joint hearing maps showing the districts involved, a
21written report of financial and educational conditions of
22districts involved and the probable effect of the proposed
23changes. The reports and maps submitted shall be made a part of
24the record of the proceedings of the regional board of school
25trustees, or regional boards of school trustees in cases of a
26joint hearing. A copy of the report and maps submitted shall be

 

 

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1sent by the secretary of the regional board of school trustees
2to each board of the districts involved, not less than 5 days
3prior to the day upon which the hearing or joint hearing is to
4be held.
5    (h-5) Except for motions and briefs challenging the
6validity of a petition or otherwise challenging the
7jurisdiction of the regional board of school trustees to
8conduct a hearing on a petition and except for motions and
9briefs related to the type of evidence the regional board of
10school trustees may consider under subsection (i) of this
11Section, no other motions, pleadings, briefs, discovery
12requests, or other like documents may be filed with the
13regional board of school trustees or served on other parties,
14and the regional board of school trustees shall have no
15authority to consider such documents, except that if a legal
16issue arises during a hearing, then the regional board of
17school trustees may, at its discretion, request briefs to be
18submitted to it on that issue.
19    (i) The regional board of school trustees shall hear
20evidence as to the school needs and conditions of the territory
21in the area within and adjacent thereto and the effect
22detachment will have on those needs and conditions and as to
23the ability of the detaching or dissolving and annexing school
24districts to meet the standards of recognition as prescribed by
25the State Board of Education, shall take into consideration the
26division of funds and assets that will result from the change

 

 

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1of boundaries, and shall determine whether it is in the best
2interests of the schools of the area and the direct educational
3welfare of the pupils that such change in boundaries be
4granted. If non-high school territory is contained in the
5petition, the normal high school attendance pattern of the
6pupils must be taken into consideration. However, upon
7resolution by the regional board of school trustees, the
8secretary thereof shall conduct the hearing upon any boundary
9petition and present a transcript of such hearing to the
10trustees, who shall base their decision upon the transcript,
11maps, and information and any presentation of counsel. The
12regional board of school trustees or regional boards of school
13trustees in cases of a joint hearing shall hear evidence as to
14the school needs and conditions of the territory in the area
15within and adjacent thereto and the effect detachment will have
16on those needs and conditions and as to the ability of the
17districts affected to meet the standards of recognition as
18prescribed by the State Board of Education, and shall take into
19consideration the division of funds and assets which will
20result from the change of boundaries and shall determine
21whether it is to the best interests of the schools of the area
22and the direct educational welfare of the pupils that such
23change in boundaries be granted, and in case non-high school
24territory is contained in the petition the normal high school
25attendance pattern of the children shall be taken into
26consideration. If the non-high school territory overlies an

 

 

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1elementary district, a part of which is in a high school
2district, such territory may be annexed to such high school
3district even though not contiguous to the high school
4district. However, upon resolution by the regional board of
5school trustees, or regional boards of school trustees in cases
6of a joint hearing the secretary or secretaries thereof shall
7conduct the hearing or joint hearing upon any boundary petition
8and present a transcript of such hearing to the trustees who
9shall base their decision upon the transcript, maps and
10information and any presentation of counsel. In the instance of
11a change of boundaries through detachment:
12        (1) When considering the effect the detachment will
13    have on the direct educational welfare of the pupils, the
14    regional board of school trustees or the regional boards of
15    school trustees shall consider a comparison of the school
16    report cards for the schools of the detaching and annexing
17    affected districts and the school district report cards for
18    the detaching and annexing affected districts only if there
19    is no more than a 3% difference in the minority,
20    low-income, and English learner student populations of the
21    relevant schools of the districts.
22        (2) The community of interest of the petitioners and
23    their children and the effect detachment will have on the
24    whole child may be considered only if the regional board of
25    school trustees or the regional boards of school trustees
26    first determines determine that there would be a

 

 

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1    significant direct educational benefit to the petitioners'
2    children if the change in boundaries were allowed.
3        (3) When petitioners cite an annexing district
4    attendance center or centers in the petition or during
5    testimony, the regional board of school trustees or the
6    regional boards of school trustees may consider the
7    difference in the distances from the detaching area to the
8    current attendance centers and the cited annexing district
9    attendance centers only if the difference is no less than
10    10 miles shorter to one of the cited annexing district
11    attendance centers than it is to the corresponding current
12    attendance center.
13        (4) The regional board of school trustees or the
14    regional boards of school trustees may not grant a petition
15    if doing so will increase the percentage of minority or
16    low-income students or English learners by more than 3% at
17    the attendance center where students in the detaching
18    territory currently attend, provided that if the
19    percentage of any one of those groups also decreases at
20    that attendance center, the regional board or boards may
21    grant the petition upon consideration of other factors
22    under this Section and this Article.
23        (5) The regional board of school trustees or the
24    regional boards of school trustees may not consider whether
25    changing the boundaries will increase the property values
26    of the petitioners' property.

 

 

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1    The factors in subdivisions (1) through (5) of this
2subsection (i) are applicable whether or not there are children
3residing in the petitioning area at the time the hearing is
4conducted.
5    If the regional board of school trustees or the regional
6boards of school trustees grants a petition to change school
7district boundaries, then the annexing school district shall
8determine the attendance center or centers that children from
9the petitioning area shall attend.
10    (j) At the hearing, or joint hearing any resident of the
11territory described in the petition or any resident in any
12detaching, dissolving, or annexing school district or any
13representative of a detaching, dissolving, or annexing school
14district affected by the proposed change of boundaries may
15appear in person or by an attorney in support of the petition
16or to object to the granting of the petition and may present
17evidence in support of his or her position through either oral
18or written testimony.
19    (k) At the conclusion of the hearing, the regional
20superintendent of schools as secretary to the regional board of
21school trustees shall, within 30 days, enter an order either
22granting or denying the petition. The regional superintendent
23of schools shall deliver a certified copy of the order by
24certified mail, return receipt requested, to the petitioners or
25committee of petitioners, as applicable; the president of the
26school board of each detaching or dissolving and annexing

 

 

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1district; any person providing testimony in support of or
2opposition to the petition at the hearing; and any attorney who
3appears for a person. The regional superintendent of schools
4shall also deliver a copy of the order to the regional
5superintendent of schools who has supervision and control, as
6defined in Section 3-14.2 of this Code, of the annexing
7district if different from the regional superintendent of
8schools with whom the petition was filed. The regional
9superintendent of schools is not required to send a copy of the
10regional board of school trustees' order to those attending the
11hearing but not participating. The final order shall be in
12writing and include findings of fact, conclusions of law, and
13the decision to grant or deny the petition. At the conclusion
14of the hearing, other than a joint hearing, the regional
15superintendent of schools as ex officio member of the regional
16board of school trustees shall within 30 days enter an order
17either granting or denying the petition and shall deliver to
18the committee of petitioners, if any, and any person who has
19filed his appearance in writing at the hearing and any attorney
20who appears for any person and any objector who testifies at
21the hearing and the regional superintendent of schools a
22certified copy of its order.
23    (l) Notwithstanding the foregoing provisions of this
24Section, if within 12 9 months after a petition is submitted
25under the provisions of Section 7-1 of this Code the petition
26is not approved or denied by the regional board of school

 

 

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1trustees and the order approving or denying that petition
2entered and a copy thereof served as provided in this Section,
3petitioners the school boards or registered voters of the
4districts affected that submitted the petition (or the
5committee of 10, or an attorney acting on its behalf, if
6designated in the petition) may submit a copy of the petition
7directly to the State Superintendent of Education for approval
8or denial. The copy of the petition as so submitted shall be
9accompanied by a record of all proceedings had with respect to
10the petition up to the time the copy of the petition is
11submitted to the State Superintendent of Education (including a
12copy of any notice given or published, any certificate or other
13proof of publication, copies of any maps or written report of
14the financial and educational conditions of the school
15districts affected if furnished by the secretary of the
16regional board of school trustees, copies of any amendments to
17the petition and stipulations made, accepted or refused, a
18transcript of any hearing or part of a hearing held, continued
19or adjourned on the petition, and any orders entered with
20respect to the petition or any hearing held thereon). The
21petitioners school boards, registered voters or committee of 10
22submitting the petition and record of proceedings to the State
23Superintendent of Education shall give written notice by
24certified mail, return receipt requested, to the regional board
25of school trustees and to the secretary of that board and to
26the detaching or dissolving and annexing school districts that

 

 

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1the petition has been submitted to the State Superintendent of
2Education for approval or denial, and shall furnish a copy of
3the notice so given to the State Superintendent of Education.
4The cost of assembling the record of proceedings for submission
5to the State Superintendent of Education shall be the
6responsibility of the petitioners that submit school boards,
7registered voters or committee of 10 that submits the petition
8and record of proceedings to the State Superintendent of
9Education. When a petition is submitted to the State
10Superintendent of Education in accordance with the provisions
11of this paragraph:
12        (1) The regional board of school trustees loses all
13    jurisdiction over the petition and shall have no further
14    authority to hear, approve, deny or otherwise act with
15    respect to the petition.
16        (2) All jurisdiction over the petition and the right
17    and duty to hear, approve, deny or otherwise act with
18    respect to the petition is transferred to and shall be
19    assumed and exercised by the State Superintendent of
20    Education.
21        (3) The State Superintendent of Education shall not be
22    required to repeat any proceedings that were conducted in
23    accordance with the provisions of this Section prior to the
24    time jurisdiction over the petition is transferred to him,
25    but the State Superintendent of Education shall be required
26    to give and publish any notices and hold or complete any

 

 

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1    hearings that were not given, held or completed by the
2    regional board of school trustees or its secretary as
3    required by this Section prior to the time jurisdiction
4    over the petition is transferred to the State
5    Superintendent of Education.
6        (4) If so directed by the State Superintendent of
7    Education, the regional superintendent of schools shall
8    submit to the State Superintendent of Education and to such
9    school boards as the State Superintendent of Education
10    shall prescribe accurate maps and a written report of the
11    financial and educational conditions of the districts
12    affected and the probable effect of the proposed boundary
13    changes.
14        (5) The State Superintendent is authorized to conduct
15    further hearings, or appoint a hearing officer to conduct
16    further hearings, on the petition even though a hearing
17    thereon was held as provided in this Section prior to the
18    time jurisdiction over the petition is transferred to the
19    State Superintendent of Education.
20        (6) The State Superintendent of Education or the
21    hearing officer shall hear evidence and approve or deny the
22    petition and shall enter an order to that effect and
23    deliver and serve the same as required in other cases to be
24    done by the regional board of school trustees and the
25    regional superintendent of schools as secretary an ex
26    officio member of that board.

 

 

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1    (m) (Blank). Within 10 days after the conclusion of a joint
2hearing required under the provisions of Section 7-2, each
3regional board of school trustees shall meet together and
4render a decision with regard to the joint hearing on the
5petition. If the regional boards of school trustees fail to
6enter a joint order either granting or denying the petition,
7the regional superintendent of schools for the educational
8service region in which the joint hearing is held shall enter
9an order denying the petition, and within 30 days after the
10conclusion of the joint hearing shall deliver a copy of the
11order denying the petition to the regional boards of school
12trustees of each region affected, to the committee of
13petitioners, if any, to any person who has filed his appearance
14in writing at the hearing and to any attorney who appears for
15any person at the joint hearing. If the regional boards of
16school trustees enter a joint order either granting or denying
17the petition, the regional superintendent of schools for the
18educational service region in which the joint hearing is held
19shall, within 30 days of the conclusion of the hearing, deliver
20a copy of the joint order to those same committees and persons
21as are entitled to receive copies of the regional
22superintendent's order in cases where the regional boards of
23school trustees have failed to enter a joint order.
24    (n) Within 10 days after service of a copy of the order
25granting or denying the petition, any person so served may
26petition for a rehearing and, upon sufficient cause being

 

 

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1shown, a rehearing may be granted. The petition for rehearing
2shall specify the reason for the request. The regional board of
3school trustees shall first determine whether there is
4sufficient cause for a rehearing. If so determined, then the
5regional board of school trustees shall allow the petition to
6be heard anew in its entirety in accordance with all procedures
7in this Article. The party requesting a rehearing shall pay the
8expenses of publishing the notice and of any transcript taken
9at the hearing. The filing of a petition for rehearing shall
10operate as a stay of enforcement until the regional board of
11school trustees, or regional boards of school trustees in cases
12of a joint hearing, or State Superintendent of Education in
13cases determined under subsection (l) of this Section enters
14enter the final order on such petition for rehearing.
15    (o) If a petition filed under subsection (a) of Section 7-1
16or under Section 7-2 is required under the provisions of
17subsection (b-5) of this Section 7-6 to request submission of a
18proposition at a regular scheduled election for the purpose of
19voting for or against the annexation of the territory described
20in the petition to the school district proposing to annex that
21territory, and if the petition is granted or approved by the
22regional board or regional boards of school trustees or by the
23State Superintendent of Education, the proposition shall be
24placed on the ballot at the next regular scheduled election.
25(Source: P.A. 99-475, eff. 1-1-16.)
 

 

 

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1    (105 ILCS 5/7-7)  (from Ch. 122, par. 7-7)
2    Sec. 7-7. Administrative Review Law. The decision of the
3regional board of school trustees, or the decision of the
4regional boards of school trustees following a joint hearing,
5or the decision of the State Superintendent of Education in
6cases determined pursuant to subsection (l) of Section 7-6 of
7this Code , shall be deemed an "administrative decision" as
8defined in Section 3-101 of the Code of Civil Procedure; and
9any resident, who appears at the hearing or any petitioner, or
10board of education entitled to receive a certified copy of the
11regional board of school trustees' order of any district
12affected may, within 35 days after a copy of the decision
13sought to be reviewed was served by certified mail, return
14receipt requested, registered mail upon the resident,
15petitioner, or board of education, the party affected thereby
16file a complaint for a judicial review of such decision in
17accordance with the Administrative Review Law and the rules
18adopted pursuant thereto. The commencement of any action for
19judicial review shall operate as a stay of enforcement, and no
20further proceedings shall be had until final disposition of
21such review. If the transcript of the hearing is required to be
22presented to another county board of school trustees the time
23within which a complaint for review must be filed shall not
24begin to run until the decision of the regional board of school
25trustees hearing the petition has been granted or denied by the
26regional board of school trustees conducting a hearing on the

 

 

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1transcript. The circuit court of the county in which the
2dissolving district or detaching territory is located petition
3is filed with the regional board of school trustees shall have
4sole jurisdiction to entertain a complaint for such review when
5only one regional board of school trustees must act; however,
6when the regional boards of school trustees act following a
7joint hearing, the circuit court of the county in which the
8joint hearing on the original petition is conducted shall have
9sole jurisdiction of the complaint for such review. In
10instances in which the dissolving district or detaching
11territory overlies more than one county, the circuit court of
12the county where a majority of the territory of the dissolving
13district or a majority of the territory of the detaching
14territory is located shall have sole jurisdiction to entertain
15a complaint for such review.
16(Source: P.A. 87-210.)
 
17    (105 ILCS 5/7-8)  (from Ch. 122, par. 7-8)
18    Sec. 7-8. Limitation on successive petitions. No
19territory, nor any part thereof, which is involved in any
20proceeding to change the boundaries of a school district by
21detachment or dissolution from or annexation to such school
22district of such territory, and which, after a hearing on the
23merits of the petition or referendum vote, is not so detached
24or dissolved nor annexed, shall be again involved in
25proceedings to change the boundaries of such school district

 

 

10000HB2612ham001- 61 -LRB100 06182 NHT 23056 a

1for at least 2 years after final determination of such first
2proceeding, unless during that 2-year period a petition filed
3is substantially different than any other previously filed
4petition during the previous 2 years or if a school district
5involved is identified as a priority district under Section
62-3.25d-5 of this Code, is placed on the financial watch list
7by the State Board of Education, or is certified as being in
8financial difficulty during that 2-year period or if such first
9proceeding involved a petition brought under Section 7-2b of
10this Article 7. The 2-year period is counted beginning from the
11date of a final administrative decision after all appeal
12timelines have run, upon final court order after all appeal
13timelines have run, or upon the certification of the election
14results in the event of a dissolution. The 2-year period is 2
15calendar years.
16(Source: P.A. 99-193, eff. 7-30-15.)
 
17    (105 ILCS 5/7-9)  (from Ch. 122, par. 7-9)
18    Sec. 7-9. Effective date of change. In case a petition is
19filed for the creation of or the change of boundaries of or for
20an election to vote upon a proposition of creating or annexing
21territory to a school district after August 1, as provided in
22this Article, and the change is granted or the election
23carries, and no appeal is taken such change shall become
24effective after the time for appeal has run for the purpose of
25all elections; however, the change shall not affect the

 

 

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1administration of the schools until July 1 following the date
2the petition is granted or upon which the election is held and
3the school boards of the districts as they existed prior to the
4change shall exercise the same power and authority over such
5territory until such date; however, new districts shall be
6permitted to organize and elect officers within the time
7prescribed by the general election law. In the event that the
8granting of a petition has become final, either through failure
9to seek Administrative Review, or by the final decision of a
10court on review if no further appeal is taken, or upon
11certification of election results in the event of a
12dissolution, the change in boundaries shall become effective
13the following July 1 forthwith. The school boards of the
14districts as they existed prior to the change shall exercise
15the same power and authority over such territory until such
16date, unless However, if the granting of the petition becomes
17final between September 1 and June 30 of any year, the
18administration of and attendance at the schools shall not be
19affected until the following July 1, when the change in
20boundaries shall become effective for all purposes. After the
21granting of a petition has become final, the date when the
22change shall become effective for purposes of administration
23and attendance may be accelerated or postponed by stipulation
24of each of the school boards of each detaching or dissolving
25and annexing school district and approval affected and approved
26by the regional board of school trustees or by the board of a

 

 

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1special charter district with which the original petition is
2required to be filed.
3(Source: P.A. 90-459, eff. 8-17-97.)
 
4    (105 ILCS 5/7-10)  (from Ch. 122, par. 7-10)
5    Sec. 7-10. Map showing change; filed change-Filed. Within
630 thirty days after the boundaries of any school district have
7been changed, or a new district created under any of the
8provisions of this Article the regional county superintendent
9of schools of any county involved shall make and file with the
10county clerk or clerks of his county a map of any detaching,
11dissolving, or annexing school districts, involved in any
12change of boundaries or creation of a new district whereupon
13the county clerks shall extend taxes against the territory in
14accordance therewith; provided : Provided that if an action to
15review such decision under Section 7-7 of this Code is taken,
16the regional superintendent of schools County Superintendent
17of Schools shall not file the map with the county clerk until
18after he or she is served with a certified copy of the order of
19the final disposition of such review.
20(Source: Laws 1961, p. 31.)
 
21    (105 ILCS 5/7-10.5 new)
22    Sec. 7-10.5. Teacher transfer. When dissolution and
23annexation become effective for purposes of administration and
24attendance as determined pursuant to Section 7-9 or 7-11 of

 

 

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1this Code, as applicable, the positions of teachers in
2contractual continued service in the district being dissolved
3are transferred to an annexing district or to annexing
4districts pursuant to the provisions of subsection (h) of
5Section 24-11 of this Code relative to teachers having
6contractual continued service status whose positions are
7transferred from one school board to the control of a different
8school board, and those said provisions of subsection (h) of
9Section 24-11 of this Code shall apply to the transferred
10teachers. In the event that the territory is added to 2 or more
11districts, the decision on which positions are to be
12transferred to which annexing districts must be made giving
13consideration to the proportionate percentage of pupils
14transferred and the annexing districts' staffing needs, and the
15transfer of specific individuals into such positions must be
16based upon the request of those teachers in order of seniority
17in the dissolving district. The contractual continued service
18status of any teacher thereby transferred to an annexing
19district is not lost and the different school board is subject
20to this Code with respect to the transferred teacher in the
21same manner as if the teacher was that district's employee and
22had been its employee during the time the teacher was actually
23employed by the school board of the dissolving district from
24which the position was transferred.
 
25    (105 ILCS 5/7-11)  (from Ch. 122, par. 7-11)

 

 

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1    Sec. 7-11. Annexation of dissolved non-operating
2districts. If any school district has become dissolved as
3provided in Section 5-32 of this Code, or if a petition for
4dissolution is filed under subsection (b) of Section 7-2a of
5this Code, the regional board of school trustees shall attach
6the territory of such dissolved district to one or more
7districts and, if the territory is added to 2 or more
8districts, shall divide the property of the dissolved district
9among the districts to which its territory is added, in the
10manner provided for the division of property in case of the
11organization of a new district from a part of another district.
12The regional board of school trustees of the region in which
13the regional superintendent has supervision and control, as
14defined in Section 3-14.2 of this Code, over the school
15district that is dissolved shall have all power necessary to
16annex the territory of the dissolved district as provided in
17this Section, including the power to attach the territory to a
18school district under the supervision and control of the
19regional superintendent of another educational service region
20and, in the case of Leepertown CCSD 175, the power to attach
21the territory to a non-contiguous school district if deemed in
22the best interests of the schools of the area and the
23educational welfare of the pupils involved. The annexation of
24the territory of a dissolved school district under this Section
25shall entitle the school districts involved in the annexation
26to payments from the State Board of Education in the same

 

 

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1manner and to the same extent authorized in the case of other
2annexations under this Article. Other provisions of this
3Article 7 of this The School Code shall apply to and govern
4dissolutions and annexations under this Section and Section
57-2a of this Code, except that it is the intent of the General
6Assembly that in the case of conflict the provisions of this
7Section and Section 7-2a of this Code shall control over the
8other provisions of this Article.
9    The regional board of school trustees shall give notice of
10a hearing, to be held not less than 50 days nor more than 70
11days after a school district is dissolved under Section 5-32 of
12this Code or a petition is filed under subsection (b) of
13Section 7-2a of this Code, on the disposition of the territory
14of such school district by publishing a notice thereof at least
15once each week for 2 successive weeks in at least one newspaper
16having a general circulation within the area of the territory
17involved. At such hearing, the regional board of school
18trustees shall hear evidence as to the school needs and
19conditions of the territory and of the area within and adjacent
20thereto, and shall take into consideration the educational
21welfare of the pupils of the territory and the normal high
22school attendance pattern of the children. In the case of an
23elementary school district, except for Leepertown CCSD 175, if
24all the eighth grade graduates of such district customarily
25attend high school in the same high school district, the
26regional board of school trustees shall, unless it be

 

 

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1impossible because of the restrictions of a special charter
2district, annex the territory of the district to a contiguous
3elementary school district whose eighth grade graduates
4customarily attend that high school, and that has an elementary
5school building nearest to the center of the territory to be
6annexed, but if such eighth grade graduates customarily attend
7more than one high school the regional board of school trustees
8shall determine the attendance pattern of such graduates and
9divide the territory of the district among the contiguous
10elementary districts whose graduates attend the same
11respective high schools.
12    At the conclusion of the hearing, the regional
13superintendent of schools, as secretary to the regional board
14of school trustees, shall, within 10 days, enter an order
15detailing the annexation of the dissolved district. The
16regional superintendent of schools shall deliver a certified
17copy of the order by certified mail, return receipt requested,
18to the petitioners or committee of petitioners, as applicable;
19the president of the school board of each dissolving and
20annexing district; any person providing testimony in support of
21or opposition to the petition at the hearing; and any attorney
22who appears for any person. The regional superintendent of
23schools shall also deliver a copy of the order to the regional
24superintendent of schools who has supervision and control, as
25defined in Section 3-14.2 of this Code, of the annexing
26district, if different from the regional superintendent of

 

 

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1schools with whom the petition was filed. The regional
2superintendent of schools is not required to send a copy of the
3regional board of school trustees' order to those attending the
4hearing but not participating. The final order shall be in
5writing and include findings of fact, conclusions of law, and
6the annexation decision. The decision of the regional board of
7school trustees shall be The decision of the regional board of
8school trustees in such matter shall be issued within 10 days
9after the conclusion of the hearing and deemed an
10"administrative decision" as defined in Section 3-101 of the
11Code of Civil Procedure, and any resident, who appears at the
12hearing or any petitioner, or school board entitled to receive
13a certified copy of the regional board of school trustees'
14order may, within 10 days after a copy of the decision sought
15to be reviewed was served by certified mail, return receipt
16requested, registered mail upon the resident, petitioner, or
17school board, the party affected thereby file a complaint for
18the judicial review of such decision in accordance with the
19"Administrative Review Law", and all amendments and
20modifications thereof and the rules adopted pursuant thereto.
21The commencement of any action for review shall operate as a
22stay of enforcement, and no further proceedings shall be had
23until final disposition of such review. The final decision of
24the regional board of school trustees or of any court upon
25judicial review shall become effective under Section 7-9 of
26this Code in the case of a petition for dissolution filed under

 

 

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1subsection (b) of Section 7-2a of this Code, and a final
2decision shall become effective immediately following the date
3no further appeal is allowable in the case of a district
4dissolved under Section 5-32 of this Code.
5    Notwithstanding the foregoing provisions of this Section
6or any other provision of law to the contrary, the school board
7of the Mt. Morris School District is authorized to donate to
8the City of Mount Morris, Illinois the school building and
9other real property used as a school site by the Mt. Morris
10School District at the time of its dissolution, by appropriate
11resolution adopted by the school board of the district prior to
12the dissolution of the district; and upon the adoption of a
13resolution by the school board donating the school building and
14school site to the City of Mount Morris, Illinois as authorized
15by this Section, the regional board of school trustees or other
16school officials holding legal title to the school building and
17school site so donated shall immediately convey the same to the
18City of Mt. Morris, Illinois.
19(Source: P.A. 97-656, eff. 1-13-12.)
 
20    (105 ILCS 5/7-12)  (from Ch. 122, par. 7-12)
21    Sec. 7-12. Termination of office. Upon the close of the
22then current school year during which any school district is
23annexed to another school district under any of the provisions
24of this Article, the terms of office of the school directors or
25board of education members of the annexed school district shall

 

 

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1be terminated and the school board of the annexing district
2shall perform all the duties and have all the powers of the
3school board of the annexed district. The annexing district as
4it is constituted on and after the time of such annexation
5shall receive all the assets and assume all the obligations and
6liabilities including the bonded indebtedness of the original
7annexing district and of the district annexed. The tax rate for
8such assumed bonded indebtedness shall be determined in the
9manner provided in Article 19 of this Code Act.
10(Source: Laws 1961, p. 31.)
 
11    (105 ILCS 5/7-29)  (from Ch. 122, par. 7-29)
12    Sec. 7-29. Limitation on contesting boundary change. No
13Neither the People of the State of Illinois nor any person,
14corporation, private or public, nor any association of persons
15shall commence an action contesting either directly or
16indirectly the annexation of any territory to a school district
17shall commence or the creation of any new school district
18unless brought within 2 calendar years after (i) the order
19annexing the territory or creating the new district shall have
20become final in the event of a detachment or (ii) the election
21results shall have been certified in the event of a
22dissolution. Where or within 2 years after the date of the
23election creating the new school district if no proceedings to
24contest such election are duly instituted within the time
25permitted by law, or within two years after the final

 

 

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1disposition of any proceedings which may be so instituted to
2contest such election; however where a limitation of a shorter
3period is prescribed by statute, such shorter limitation shall
4apply. The , and the limitation set forth in this Section
5section shall not apply to jurisdictional challenges any order
6where the judge, body or officer entering the order annexing
7the territory or creating the new district did not at the time
8of the entry of such order have jurisdiction of the subject
9matter.
10(Source: P.A. 86-1334.)
 
11    (105 ILCS 5/7-31 new)
12    Sec. 7-31. Applicability of amendatory Act. For any
13petition filed with the regional superintendent of schools
14under this Article prior to the effective date of this
15amendatory Act of the 100th General Assembly, including a
16petition for a rehearing pursuant to subsection (n) of Section
177-6 of this Code, the proposed action described in the
18petition, including all notices, hearings, administrative
19decisions, ballots, elections, and passage requirements
20relating thereto, shall proceed and be in accordance with the
21law in effect prior to the effective date of this amendatory
22Act of the 100th General Assembly.
 
23    (105 ILCS 5/10-22.35B new)
24    Sec. 10-22.35B. Title to school sites and buildings.

 

 

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1    (a) On January 1, 1994 (the effective date of Public Act
288-155): (i) the legal title to all school buildings and school
3sites used or occupied for school purposes by a school district
4located in a Class I county school unit or held for the use of
5any such school district by and in the name of the regional
6board of school trustees shall vest in the school board of the
7school district, and the legal title to those school buildings
8and school sites shall be deemed transferred by operation of
9law to the school board of the school district, to be used for
10school purposes and held, sold, leased, exchanged, or otherwise
11transferred in accordance with law; and (ii) the legal title to
12all school buildings and school sites used or occupied for
13school purposes by a school district that is located in a Class
14II county school unit and that has withdrawn from the
15jurisdiction and authority of the trustees of schools of a
16township and the township treasurer under subsection (b) of
17Section 5-1 of this Code or held for the use of any such school
18district by and in the name of the regional board of school
19trustees at the time that regional board of school trustees was
20abolished by Public Act 87-969 shall vest in the school board
21of the school district, and the legal title to those school
22buildings and school sites shall be deemed transferred by
23operation of law to the school district, to be used for school
24purposes and held, sold, leased, exchanged, or otherwise
25transferred in accordance with law.
26    (b) The school board of each school district to which

 

 

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1subsection (a) of this Section is applicable may receive any
2gift, grant, donation, or legacy made for the use of any school
3or for any school purpose within its jurisdiction and shall
4succeed to any gift, grant, donation, or legacy heretofore
5received by the regional board of school trustees, either from
6the township school trustees within their jurisdiction or from
7any other source, for the use of any school of the district
8served by the school board or for any other school purpose of
9that school district. All conveyances of real estate made to
10the school board of a school district under this Section shall
11be made to the school board in its corporate name and to its
12successors in office.
13    (c) All school districts and high school districts may take
14and convey title to real estate to be improved by buildings or
15other structures for vocational or other educational training
16as provided in Section 10-23.3 of this Code.
17    (d) Nothing in this Section shall be deemed to apply to any
18common school lands or lands granted or exchanged therefor or
19to the manner in which such lands are managed and controlled
20for the use and benefit of the school township and the schools
21of the township by the township land commissioners, the
22regional board of school trustees (acting as the township land
23commissioners), or the trustees of schools of the township,
24which hold legal title to those lands; and they may continue to
25receive gifts, grants, donations, or legacies made for the use
26of the school township and for the schools of the township

 

 

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1generally in the same manner as such gifts, grants, donations,
2or legacies were made prior to January 1, 1994.
 
3    (105 ILCS 5/12-24)  (from Ch. 122, par. 12-24)
4    Sec. 12-24. Elimination of non-high school district. The
5territory of the non-high school district or unit district not
6maintaining a high school in existence on January 1, 1950 of
7any county having a population of 500,000 or less shall be
8automatically eliminated from the non-high school district or
9unit district, unless (1) the non-high school territory is
10adjacent to a district created by a special Act whose
11boundaries are required by such Act to be coterminous with some
12city or village or to a district maintaining grades 1 through
1312 and (2) has children in such territory who customarily
14attend the high school of such district and (3) has no school
15district operating grades 9 through 12 to which such territory
16could be annexed without impairing the educational
17opportunities of the children of such territory and in such
18case the territory shall remain non-high school territory.
19    Any such non-high school district including any unit
20district not maintaining a high school pursuant to the
21provisions of this Section shall pay tuition for high school
22students at a rate to be mutually agreed by the boards of
23education of each district affected.
24    When territory is eliminated from a non-high school
25district or unit district not maintaining a high school it

 

 

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1shall be annexed by the county board of school trustees as
2provided in Section 7-27 of this Code (now repealed) Act.
3    Any non-high school district affected by such elimination
4and annexation may continue to exercise all previously
5conferred and existing powers pending final administrative or
6judicial affirmance thereof.
7(Source: P.A. 81-950.)
 
8    (105 ILCS 5/16-2)  (from Ch. 122, par. 16-2)
9    Sec. 16-2. Joint use of site and building. Whenever the
10school boards of two or more school districts have agreed upon
11the joint use of any school site and compensation to be paid
12therefor, and any such site has been selected in the manner
13required by law, it is lawful for such districts to use the
14same school site and after payment of the compensation, the
15trustees of schools of the township or regional board of school
16trustees, as the case may be, by proper instrument in writing
17shall declare that title to such site is held for the joint use
18of such districts according to the terms of such agreement, and
19such districts shall be further authorized to construct,
20maintain and use a building jointly for the benefit of the
21inhabitants thereof. Notwithstanding any other provisions of
22this Section:
23    (1) If legal title to the selected site is held in the name
24of the school board of a school district that has agreed to the
25joint use of the site with any other school districts, and if

 

 

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1those other school districts are also districts whose school
2boards, under subsection (a) of Section 10-22.35B of this Code
37-28, are to hold legal title to school buildings and school
4sites of the district, then upon the execution of the agreement
5and payment of the compensation in accordance with the terms of
6the agreement the school boards of the districts shall be
7deemed to hold legal title to the site as tenants in common,
8and the required deed or deeds of conveyance shall be executed
9and delivered by the president and secretary or clerk of the
10school boards to reflect that legal title to the selected site
11is held in that manner.
12    (2) If one more but not all of the school boards that are
13party to the agreement are school boards that, under subsection
14(a) of Section 10-22.35B of this Code 7-28, are to hold legal
15title to the school buildings and school sites of the district,
16the interest in the selected site of each school board that is
17to hold legal title to the school buildings and school sites of
18the district shall be that of a tenant in common; and the
19required deed or deeds of conveyance shall be executed and
20delivered by the president and secretary or clerk of the
21trustees of schools of the township, regional board of school
22trustees, township land commissioners, or school boards, as the
23case may be, to reflect that tenancy in common interest of the
24appropriate school board or school boards with the trustees of
25schools of the township, regional board of school trustees or
26township land commissioners, as the case may be, in the legal

 

 

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1title to the selected site.
2(Source: P.A. 88-155.)
 
3    (105 ILCS 5/32-4.6)  (from Ch. 122, par. 32-4.6)
4    Sec. 32-4.6. Title, care and custody of property;
5supervision and control.
6    The title, care and custody of all schoolhouses and school
7sites belonging to districts that are described in Section
832-2.11 and that are not districts whose school boards under
9subsection (a) of Section 10-22.35B of this Code 7-28 are to
10hold legal title to school buildings and school sites of the
11district shall be vested in the trustees of schools of the
12townships in which the districts are situated, but the
13supervision and control of such schoolhouses and sites shall be
14vested in the board of inspectors of the districts. In all
15other cases, the legal title, care, custody and control of
16school houses and school sites belonging to districts that are
17described in Section 32-2.11, together with the supervision and
18control of those school houses and sites, shall be vested in
19the board of inspectors of the districts.
20(Source: P.A. 88-155.)
 
21    (105 ILCS 5/7-01 rep.)
22    (105 ILCS 5/7-2 rep.)
23    (105 ILCS 5/7-13 rep.)
24    (105 ILCS 5/7-27 rep.)

 

 

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1    (105 ILCS 5/7-28 rep.)
2    (105 ILCS 5/7-30 rep.)
3    Section 10. The School Code is amended by repealing
4Sections 7-01, 7-2, 7-13, 7-27, 7-28, and 7-30.
 
5    Section 99. Effective date. This Act takes effect July 1,
62017.".