105 ILCS 5/ School Code.

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105 ILCS 5/7-2b

(105 ILCS 5/7-2b) (from Ch. 122, par. 7-2b)

Sec. 7-2b.

Annexation of non-coterminous territory from an elementary
or high school district.

(a) Any contiguous portion of a high school
district that constitutes 5% or less of the equalized assessed
value of the
district and 5% or less of the territory of the district shall upon
petition
of
two-thirds of the registered voters of the
territory proposed to be detached and annexed be so detached and annexed by
the regional board of school trustees if
granting such petition shall make
the affected segment of the boundaries of the high school district the
territory is
proposed to be annexed to identical, for the entirety of
such affected segment, to the boundaries of the elementary school district in
which the territory is located.

Any contiguous portion of an elementary school district that constitutes
5% or less of the equalized assessed value of the district and 5%
or less of the territory of the district shall
upon petition
of two-thirds of the registered voters of the territory proposed to be detached
and annexed be so detached and annexed by the regional board of school
trustees
if granting such petition shall make the affected segment of the boundaries of
the elementary school district the territory is proposed to be annexed to
identical, for the entirety of such affected segment, to the boundaries of the
high school district in which the territory is located.

The regional board of school trustees shall
have no authority or discretion
to hear any evidence or consider any issues except those that may be necessary
to determine whether the limitations and conditions of this Section have been
met.

No district may lose more than 5% of its equalized assessed value or more
than 5% of its territory through
petitions filed under this Section.  If a petition seeks to detach territory
that would result in a cumulative total of more than 5% of a district's
equalized
assessed value or more than 5% of the district's territory being detached under
this Section, the petition shall be denied
without prejudice to its being filed pursuant to Section 7-6 of this Code.
Notwithstanding any other provision of this Section, this paragraph shall
apply to any detachments effected pursuant to the provisions of this Section as
they existed prior to the effective date of this amendatory Act of the 91st
General Assembly.

(b) At any time prior to the granting of the petition calling for the
detachment and annexation of non-coterminous territory under this Section, the
Committee of Ten designated in the petition may amend the petition to withdraw
the detachment and annexation proposal and substitute in its place a proposal
to require the school district from which the territory would have been
detached to pay the per capita tuition costs for each pupil residing in the
non-coterminous territory to attend the school district to which the territory
would have been annexed.  If such amended petition is granted, the school
district from which the territory would have been detached shall pay to the
school district to which the territory would have been annexed the per capita
tuition costs as determined under Section 10-20.12a for each pupil residing in
the territory who chooses to attend the school district to which the territory
would have been annexed.  Notwithstanding the provisions of Section 10-22.5,
the school district to which the territory would have been annexed shall admit
any pupil that resides in the non-coterminous territory and provide such pupils
with any services of the school.  The payment and collection of tuition and any
other such matters as may need to be resolved shall be established by an
intergovernmental agreement developed between the two affected school
districts.
Section 7-6 of this Code shall apply to petitions filed under this Section
except as otherwise provided in this Section.

The changes made by this amendatory Act of the 91st General Assembly shall
not apply to petitions pending on the effective date of this amendatory Act of
the 91st General Assembly.

(Source: P.A. 91-46, eff. 6-30-99.)

105 ILCS 5/7-2c

(105 ILCS 5/7-2c)

Sec. 7-2c.

Change of school district boundaries following annexation of
vacant and unincorporated territory to a contiguous municipality.

Notwithstanding any other provision of this Code, any contiguous portion of
an elementary school district may be detached from
that district and
annexed to an adjoining elementary school district, and any contiguous portion
of a high school district may be detached from that district and annexed to an
adjoining high school district, upon a petition or petitions filed  under this
Section, when all of the following conditions are met with respect to each
petition so filed:

(1) The portion of the district to be so detached and

annexed to an adjoining elementary or high school district consists of not more than 160 acres of vacant land that is located in an unincorporated area of a county of 2,000,000 or more inhabitants and, on the effective date of this amendatory Act of 1997, is contiguous to one municipality that is (i) wholly outside the elementary or high school district from which the vacant land is to be detached and (ii) located entirely within the territorial boundaries of the adjoining elementary or high school district to which the vacant land is to be annexed.

(2) The equalized assessed valuation of the taxable

property located in the portion of the district that is to be so detached and annexed to the adjoining elementary or high school district constitutes less than 1% of the equalized assessed valuation of the taxable property of the district from which it is to be detached.

(3) The portion of the district to be so detached and

annexed to the adjoining elementary or high school district is annexed to the contiguous municipality pursuant to a petition for annexation filed and pending with the annexing municipality upon the effective date of this amendatory Act.

A petition filed under this Section shall be filed with the State
Superintendent of Education and shall be signed by all of the owners of record
of the
vacant land that comprises the portion of the district that is to be detached
and annexed to the adjoining elementary or high school district under the
provisions of this Section.  The State Superintendent shall: (i) hold a
hearing on the petition within 90 days after the date of filing; (ii) render a
decision granting or denying the
petition within 30 days after the hearing; and (iii) promptly serve a copy of
the decision by certified mail, return
receipt requested, upon the petitioners and upon the school boards of the
school districts from which the territory described in the petition is sought
to be detached and to which that territory is sought to be annexed.

The State Superintendent of Education has no authority or discretion to hear
any evidence or consider any issues at the hearing except those that may be
necessary to determine whether the limitations and conditions of this Section
have been met.

The State Superintendent of Education: (i) shall give written notice of the
time and place of the hearing, not less than 30 days prior to the date of the
hearing, to the school board of the school district from which the territory
described  in the petition is to be detached and to the school board of the
school district to which that territory is to be annexed; and (ii) shall
publish notice of the hearing in a newspaper that is published in the county in
which the territory described in the petition is located and that has
circulation within the school districts whose school boards are entitled to
written notice of the hearing.

In the event that the granting of a petition filed under this Section has
become final, either through failure to seek administrative review or by the
final decision of a court on review, the change in boundaries shall become
effective forthwith and for all purposes, except that if the granting of the
petition becomes final between September 1 and June 30 of any year, the
administration of and attendance at the schools shall not be affected until the
following July 1, when the change in boundaries shall become effective for all
purposes.  After the granting of a petition has become final, the date when the
change shall become effective for purposes of administration and attendance may
be accelerated or
postponed by stipulation of the school boards of the school districts from
which the territory described in the petition is detached and to which that
territory is annexed.

The decision of the State Superintendent of Education
shall be deemed an "administrative decision" as defined in Section 3-101 of the
Administrative Review Law, and any petitioner or the school board of a school
district affected by the detachment and annexation of the territory described
in the petition may within 35 days after a copy of the decision sought to be
reviewed was served by certified mail upon the party affected thereby, or upon
the attorney of record for such party, apply for a review of such decision in
accordance with the Administrative Review Law, and all amendments and
modifications thereof and the rules adopted pursuant thereto.

The commencement of any action for review shall operate as a supersedeas, and
no further proceedings shall be had until final disposition of such review.
The circuit court of the county in which the petition is filed with the State
Superintendent of Education shall have sole jurisdiction to entertain a
complaint for such review.

This Section: (i) is not limited by and operates independently of all other
provisions of this Article, and (ii) constitutes complete authority for the
granting or denial by the State Superintendent of Education of a petition filed
under this Section when the conditions prescribed by this Section for the
filing of that petition are met.

(Source: P.A. 90-459, eff. 8-17-97.)