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Illinois Compiled Statutes
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() 105 ILCS 5/Art. 7
(105 ILCS 5/Art. 7 heading)
ARTICLE 7.
BOUNDARY CHANGE
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105 ILCS 5/7-01
(105 ILCS 5/7-01)
Sec. 7-01. (Repealed).
(Source: P.A. 78-514. Repealed by P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-01a (105 ILCS 5/7-01a) Sec. 7-01a. Purpose and applicability. The purpose of this Article is to permit greater flexibility and efficiency in the detachment and dissolution of school districts for the improvement of the administration and quality of educational services and for the best interests of pupils. This Article applies only to school districts with under 500,000 inhabitants, but includes special charter districts (except those districts organized under Article 34 of this Code) and non-high school districts.
(Source: P.A. 100-374, eff. 8-25-17.) |
105 ILCS 5/7-01b (105 ILCS 5/7-01b) Sec. 7-01b. Definition. In this Article, "legal resident voter" means a person who is registered to vote at the time a circulated petition is filed and when the regional board of school trustees renders a decision, at the address shown opposite his or her signature on the petition, and resides in the detaching territory or dissolving school district.
(Source: P.A. 100-374, eff. 8-25-17.) |
105 ILCS 5/7-02
(105 ILCS 5/7-02) (from Ch. 122, par. 7-02)
Sec. 7-02. Limitations. The provisions of this Article providing for
the change in school district boundaries by detachment, annexation,
division or dissolution, or by any combination of those methods, are
subject to the provisions of this Section. Whenever due to fire,
explosion, tornado or any Act of God the school buildings or one or more of
the principal school buildings comprising an attendance center within a
school district are destroyed or substantially destroyed and rendered unfit
for school purposes, the provisions of this Article shall not be available
to permit a division of that district, or a dissolution, detachment or
annexation of any part thereof, or any combination of such
results during a period from the date of such destruction or substantial
destruction until 30 days after the second regular election of board
members following such destruction or substantial destruction. Nothing in
this Section shall be deemed to prohibit the combining of the entire
district with another entire district or with other entire districts during
such period pursuant to the provisions of Article 11E.
(Source: P.A. 94-1019, eff. 7-10-06.)
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105 ILCS 5/7-03
(105 ILCS 5/7-03)
Sec. 7-03. (Repealed).
(Source: P.A. 85-1020. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/7-04
(105 ILCS 5/7-04) (from Ch. 122, par. 7-04)
Sec. 7-04. Districts in educational service regions of 2,000,000 or more
inhabitants.
(a) In all proceedings under this Article to change by detachment,
annexation, division, dissolution, or any combination of those methods the
boundaries of any school district (other than a school district organized
under Article 34) located in an educational service region of 2,000,000 or
more inhabitants in which the regional board of school trustees is
abolished as provided in subsection (a) of Section 6-2, the trustees of
schools of the township that has jurisdiction and authority over the detaching or dissolving school district, as the
successor under subsection (b) of Section 6-2 to the former regional board
of school trustees with respect to all territory located in that school
township, shall have, exercise, and perform all powers, duties, and
responsibilities required under this Article to be exercised and performed
in those proceedings by a regional board of school trustees; provided that
if any detaching or dissolving school district involved in those proceedings is not under the jurisdiction and authority of the trustees of schools of a township referred to in subsection (b) of Section 5-1, a hearing panel as established in this Section shall have, exercise, and
perform all powers, duties, and responsibilities required under this
Article to be exercised and performed in those proceedings with respect to the detaching or dissolving
school district by a regional board of school
trustees.
(a-5) As applicable, the hearing panel shall be made up of 3 persons who have a demonstrated interest and background in education. Each hearing panel member must reside within an educational service region of 2,000,000 or more inhabitants but not within the boundaries of a school district organized under Article 34 of this Code and may not be a current school board member of the detaching or dissolving or annexing school district or a current employee of the detaching or dissolving or annexing school district or hold any county office. None of the hearing panel members may reside within the same school district. All 3 persons must be selected by the chief administrative officer of the educational service center in which the chief administrative officer has supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving school district. The members of a hearing panel as established in this Section shall serve without remuneration; however, the necessary expenses, including travel, attendant upon any meeting or hearing in relation to a proceeding under this Article must be paid. (a-10) The petition must be filed with the trustees of schools of the township with jurisdiction and authority over the detaching or dissolving school district or with the chief administrative officer of the educational service center in which the chief administrative officer has supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving school district, as applicable. The chief administrative officer of the educational service center or a person designated by the trustees of schools of the township, as applicable, shall have, exercise, and perform all powers, duties, and responsibilities required under this Article that are otherwise assigned to regional superintendents of schools. (b) Except as otherwise provided in this Section, all other provisions
of this Article shall apply to any proceedings under this Article to change
the boundaries of any school district located in an educational service
region having 2,000,000 or more inhabitants in the same manner that those
provisions apply to any proceedings to change the boundaries of any school
district located in any other educational service region; provided, that any
reference in those other provisions to the regional board of school trustees
shall mean, with respect to all territory within an educational service region
containing 2,000,000 or more inhabitants that formerly was served by a regional
board of school trustees abolished under subsection (a) of Section 6-2, the
trustees of schools of the township
that is the successor under subsection (b) of Section 6-2 to the former
regional board of school trustees with respect to the territory included within
that school township or school district or the hearing panel as established by this Section.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-1
(105 ILCS 5/7-1) (from Ch. 122, par. 7-1)
Sec. 7-1. Changing boundaries by detachment or dissolution.
(a) School district boundaries may be changed by detachment, annexation, division or dissolution
or any combination thereof by the regional board of school trustees or by the State Superintendent of Education as provided in
subsection (l) of Section 7-6. The petition must be filed with and decided solely by the regional board of school trustees of the region in which the regional superintendent of schools has supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving school district. The petition may be filed in any office operated by the regional superintendent with supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving school district. A petition for boundary change must be filed by the school board of the detaching or dissolving district, by a majority of the legal resident voters in the dissolving district, or by two-thirds of a combination of the legal resident voters and the owners of record of any real estate with no legal resident voters in any territory proposed to be detached. If any of the territory proposed to be detached contains real estate with no legal resident voters, petitioners shall deliver the petition by certified mail, return receipt requested, to all owners of record of any real estate with no legal resident voters. Proof of such delivery must be presented as evidence at the hearing required under Section 7-6 of this Code. Any owner of record of real estate with no legal resident voters in any territory proposed to be detached may either sign the petition in person and before the circulator as described in this Section or return the petition with his or her notarized signature to be included as a petitioner. No person may sign a petition in the capacity of both a legal resident voter and owner of record. If there are no legal resident voters within the territory proposed to be detached, then the petition must be signed by all of the owners of record of the real estate of the territory. Legal resident
voters shall be determined by the official voter registration
lists as of the date the petition is filed. No signatures shall be added or withdrawn
after the date the petition is filed. The length of time for signatures to be valid, before filing of the petition, shall not exceed 6 months. Notwithstanding any provision to the contrary contained in the Election Code, the regional superintendent of schools shall make all determinations regarding the validity of the petition, including, without limitation, signatures on the petition. If the regional superintendent determines that the petition is not in proper order or not in compliance with any applicable petition requirements, the regional superintendent may not accept the petition for filing and may return the petition to the petitioners. Any party who is dissatisfied with the determination of the regional superintendent regarding the validity of the petition may appeal the regional superintendent's decision to the regional board of school trustees by motion, and the motion must be heard by the regional board of school trustees prior to any hearing on the merits of the petition.
Petitions for detachment and dissolution shall include the full prayer of the
petition with a general description of the territory at the top of each page. Each signature contained therein shall match the official
signature and address of the legal resident voters as recorded in the office
of the county clerk or board of election commissioners, and each petitioner
shall record the date of his or her signing. Except in instances of a notarized signature of an owner of record of real estate with no legal resident voters in any territory proposed to be detached, each page of the circulated petition shall
be signed by a circulator stating that he or she has witnessed the signature of each
petitioner on that page. Detachment petitions containing 10 or fewer signatures may be notarized in lieu of a circulator statement. Each petition shall include an accurate legal description and map of the territory proposed to be detached. If a petition proposes to dissolve an entire district, then the full name and number of the district and a map are sufficient. Each petition shall include the names of petitioners; the district to be dissolved or the district from which the territory is proposed to be detached; the district or districts to which the territory is proposed to be annexed; evidence that the detaching or dissolving territory is compact and contiguous with the annexing district or districts or otherwise meets the requirements set forth in Section 7-4 of this Code; the referendum date, if applicable; and facts that support favorable findings for the factors to be considered by the regional board of school trustees pursuant to Section 7-6 of this Code.
Where there is only one school building in an approved operating
district, the building and building site may not be included in any
detachment proceeding.
Notwithstanding any other provisions of this Code, if, pursuant to a petition filed under this subsection (a), all of the territory of a school district is to be annexed to another school district, then any action by the regional board of school trustees in granting or approving the petition and any change in school district boundaries pursuant to that action is subject to and the change in school district boundaries may not be made except upon approval, at a regular scheduled election, in the manner provided by Section 7-7.7 of this Code, of a proposition for the annexation of all of the territory of that school district to the other school district. No petition may be filed under this Section to form a new school district under this Article; however, such a petition may be filed under this Section to form a new school district if the boundaries of such new school district lie entirely within the boundaries of a military base or installation operated and maintained by the government of the United States. (b) Any elementary or high school district with 100 or more of its
students residing upon territory located entirely within a military base or
installation operated and maintained by the government of the United States, or
any unit school district or any combination of the above mentioned
districts with 300 or more of its students residing upon territory located
entirely within a military base or installation operated and maintained by
the government of the United States, shall, upon the filing with the
regional board of school trustees of a petition adopted by resolution of
the board of education or a petition signed by a majority of the registered
voters residing upon such military base or installation, have all of the
territory lying entirely within such military base or installation detached
from such school district, and a new school district comprised of such
territory shall be created. The petition shall be filed with and decided
solely by the regional board of school trustees of the region in which the
regional superintendent of schools has supervision and control, as defined by Section 3-14.2 of this Code, of the school district
affected. The regional board of school trustees shall have no authority to
deny the detachment and creation of a new school district requested in a
proper petition filed under this subsection. This subsection shall apply
only to those school districts having a population of not fewer than
1,000 and not more than 500,000 residents, as
ascertained by any special or general census.
The new school district shall tuition its students to the same
districts that its students were previously attending and the districts
from which the new district was detached shall continue to educate the
students from the new district, until the federal government provides other
arrangements. The federal government shall pay for the education of such
children as required by Section 6 of Public Law 81-874.
If a school district created under this subsection (b) has not elected a
school board
and has not become operational within 2 years after the date of detachment,
then this
district is automatically dissolved and the territory of this district reverts
to the school
district from which the territory was detached or any successor district
thereto. Any school district created
under this
subsection (b) on or before September 1, 1996 that has not elected a school
board and has
not been operational since September 1, 1996 is automatically dissolved on the
effective
date of this amendatory Act of 1999, and on this date the territory of this
district reverts
to the school district from which the territory was detached. For the
automatic dissolution of a school district created under this subsection (b),
the
regional superintendent of schools
who has
supervision and control, as defined by Section 3-14.2 of this Code, of the school district from which the territory was detached shall
certify to
the regional board of school trustees that the school district created under
this subsection
(b) has been automatically dissolved.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-2
(105 ILCS 5/7-2)
Sec. 7-2. (Repealed).
(Source: P.A. 90-459, eff. 8-17-97. Repealed by P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-2a
(105 ILCS 5/7-2a) (from Ch. 122, par. 7-2a)
Sec. 7-2a.
(a) (Blank).
(b) Any school district with a population of less than 5,000 residents or an enrollment of less than 750 students, as determined by the district's most recent fall enrollment counts as posted on the State Board of Education's website,
shall be dissolved and its territory annexed as provided in Section 7-11 of this Code by
the regional board of school trustees upon the filing of a petition adopted by resolution of the board of
education or signed by a majority of the legal resident voters of
the district seeking such dissolution. No petition shall be adopted or
signed under this subsection until the board of education or the
petitioners, as the case may be, shall have given at least 10 days' notice
to be published once in a newspaper having general circulation in the
district and shall have conducted a public informational meeting to inform
the residents of the district of the proposed dissolution and to answer
questions concerning the proposed dissolution. The petition shall be filed with
and decided solely by the regional board of school trustees of the region
in which the regional superintendent of schools has supervision and control, as defined by Section 3-14.2 of this Code, of the
school district being dissolved. The regional board of school trustees
shall not act on a petition filed by a board of education if within 45 days
after giving the first notice of the hearing required under Section 7-11 of this Code a petition
in opposition to the petition of the board to dissolve, signed by a
majority of the legal resident voters of the district, is filed with the
regional board of school trustees. In such an event, the dissolution petition is dismissed on procedural grounds by operation of law and the regional board of school trustees shall have no further authority to consider the petition. A dissolution petition dismissed as the result of a valid opposition petition is not subject to the limitation on successive petitions as provided in Section 7-8 of this Code, and a new petition may be filed upon receipt of the regional board of school trustees' notice stating that the original petition was dismissed by operation of law. For all petitions under this Section, the legal resident voters must be determined by the official voter registration lists as of the date the petition is filed. No signatures may be added or withdrawn after the date the petition is filed. The length of time for signatures to be valid, before filing of the petition, may not exceed 6 months. Notwithstanding any provision to the contrary contained in the Election Code, the regional superintendent of schools shall make all determinations regarding the validity of the petition, including, without limitation, signatures on the petition. Any party who is dissatisfied with the determination of the regional superintendent regarding the validity of the petition may appeal the regional superintendent's decision to the regional board of school trustees by motion, and the motion must be heard by the regional board of school trustees prior to any hearing on annexing the territory of a district being dissolved.
If no opposition petition is timely filed, the regional board of school trustees
shall have no authority to deny dissolution requested in a proper petition
for dissolution filed under this Section, but shall exercise its
discretion in accordance with Section 7-11 of this Code on the issue of annexing the
territory of a district being dissolved, giving consideration to but not
being bound by the wishes expressed by the residents of
the various school districts that may be affected by such annexation.
(Source: P.A. 99-657, eff. 7-28-16; 100-374, eff. 8-25-17.)
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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.)
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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.
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(2) The equalized assessed valuation of the taxable
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(3) The portion of the district to be so detached and
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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.)
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105 ILCS 5/7-2.3
(105 ILCS 5/7-2.3) (from Ch. 122, par. 7-2.3)
Sec. 7-2.3.
Annexation to special charter district.
(a) Notwithstanding any provision to the contrary contained in any
special
act or special charter of any school district, annexation of territory to
any city or village under the Illinois Municipal Code after the effective
date of this amendatory Act of 1967 does not constitute annexation of the
territory to the special charter school district nor detachment from any
school district adjacent to the special charter district. Except as
otherwise provided in subsection (b) of this Section, the boundaries of a special charter district may be changed as provided in Sections
7-2.4 through 7-2.7.
(b) If all or any part of a special charter school district is located in
a special charter city, then upon the filing with the governing body of the
special charter school district of a petition to detach the territory described
in the petition from the school district of which that territory forms a part
and to annex that territory to the special charter school district, the
territory described in the petition shall be deemed to be so detached and
annexed to the
special charter school district by operation of law, if all of the following
conditions are met: (i) the petition is signed by at least 51% of the owners of
record and 51% of the electors, if any, residing in the territory described in
the petition; and (ii) the territory described in the petition is located in
the special charter city, is contiguous to the special charter school district,
and does not include any commercially zoned properties that are contiguous to
each other and together constitute in excess of 100 acres of land and are
not separated by a State highway and that are used solely for office/research
and hotel purposes. A certified copy of the petition and the resolution or
order of the governing body of the special charter school district evidencing
the annexation of the territory
described in the petition to the special charter school district by operation
of law shall be mailed by that governing body to each school district affected
and to the regional board or boards of school trustees for the educational
service region or regions in which the affected school districts are located.
A person who is a resident of any territory described in the petition at the
time of its detachment from one school district and its annexation to a special
charter school district under this subsection, and whose child or children are
then attending school in the district from which that territory is being
detached, may elect to have that child or those children and their siblings
attend the schools of the district from which the territory is being detached.
However, in that event the special charter school district shall pay tuition in
the amount provided by law to the school district from which the territory is
detached for each of those children and siblings who attend the schools of that
district.
(Source: P.A. 89-494, eff. 6-21-96.)
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105 ILCS 5/7-2.4
(105 ILCS 5/7-2.4) (from Ch. 122, par. 7-2.4)
Sec. 7-2.4.
A petition for detachment of territory from a special charter district with annexation to another school district, for detachment of territory from a school district with annexation to a special charter district, or for dissolution of a school district with annexation to a special charter district must be filed with the governing body of
the special charter district, and a certified copy thereof must be sent to
each other detaching, dissolving, or annexing school district and to the regional board of school trustees of the region
in which the regional superintendent has supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving district. A petition for such annexation
or detachment of territory must be filed by the school board of the detaching or dissolving district, by a majority of the legal resident voters in the dissolving district, or by two-thirds of a combination of the legal resident voters and the owners of record of any real estate with no legal resident voters in any territory proposed to be detached. If any of the territory proposed to be detached contains real estate with no legal resident voters, petitioners shall deliver the petition by certified mail, return receipt requested, to all owners of record of any real estate with no legal resident voters. Proof of the delivery must be presented as evidence at any hearing required by Section 7-2.6 of this Code. Any owner of record of real estate with no legal resident voters in any territory proposed to be detached may either sign the petition in person and before the circulator as described in Section 7-1 of this Code or return the petition with his or her notarized signature to be included as a petitioner. No person may sign a petition in the capacity of both a legal resident voter and owner of record. If there are no legal resident
voters within the territory proposed to be detached,
then the petition must be signed by all of the owners of record of the real
estate of the territory. Petitions must contain all of the elements set forth in subsection (a) of Section 7-1 of this Code.
Where there is only one school building in an approved operating school
district, the building and building site may not be included in any
detachment proceeding.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-2.5
(105 ILCS 5/7-2.5) (from Ch. 122, par. 7-2.5)
Sec. 7-2.5.
If no objection to the dissolution or detachment of
territory prayed for in a petition under Section 7-2.4 of this Code is filed with
the special charter school district or with the regional board of school
trustees within 30 days after the filing of such petition, the dissolution
or detachment of territory takes effect, subject to Section
7-9 of this Code. However, if an objection to the proposed dissolution or
detachment of territory is filed with either the special charter
district or the regional board of school trustees, the regional board of
school trustees, within 15 days after receiving the objection, shall
appoint 2 legal resident voters from the district or districts under its
jurisdiction and involved in the proposed dissolution or detachment of
territory, subject to the approval of the boards of education of the
districts involved in the proposed dissolution or detachment of territory, and the board or governing body of the special
charter district shall appoint 2 legal resident voters from the special charter
district. Those 4 appointees shall meet within 20 days of their
appointment and by a majority vote select 3 persons who reside outside
the jurisdiction of the districts involved in the proposed dissolution or
detachment of territory and who have a demonstrated interest and
background in education. If a majority of the original 4 appointees
cannot agree on the selection of the 3 additional members within 20 days
of their appointment, the State Board of Education shall
select the 3 additional persons, subject to the same criteria as
required when selection is by the 4 appointees. The 4 appointees and the
3 additional persons selected under this Section constitute the Hearing
Board and 4 members shall constitute a quorum.
Within 10 days after the Hearing Board has been selected the regional
superintendent of schools of the region in which the special charter
district is located shall call an organization meeting of said Hearing
Board.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-2.6
(105 ILCS 5/7-2.6) (from Ch. 122, par. 7-2.6)
Sec. 7-2.6.
At its organization meeting, the Hearing Board shall
choose from its membership a chairman and a secretary. The secretary
shall cause a copy of such petition to be sent to the president of the school board of each detaching or dissolving and annexing school district and shall cause a
notice thereof to be published once in a newspaper having general
circulation within the area of the detaching or dissolving and annexing territory described in the petition. The petitioners shall pay the
expenses of publishing the notice and any transcript taken at the
hearing and mailing the final order. In case of an appeal from the decision of the Hearing Board,
the appellants shall pay the cost of preparing the record for appeal.
The notice must state when the petition was filed, the description of
the detaching territory or name of the dissolving district, the name of the annexing district, the prayer of the petition, and the day and time on and location in which the
hearing upon the petition will be held, which may not be more than 30
nor less than 15 calendar days after the publication of notice. Any additional
expense not enumerated above shall be borne equally by the school
districts involved.
The Hearing Board shall hear the petition and determine the
sufficiency thereof and may adjourn the hearing from time to time or
continue the matter for want of sufficient notice or for other good
cause. The Hearing Board (a) shall hear evidence as to the school needs
and conditions of the territory in the area within and adjacent thereto,
and as to the ability of the districts affected to meet the standards of
recognition as prescribed by the State Board of Education,
(b) shall take into consideration the division of funds and assets which
will result from any change of boundaries, and the will of the people of
the area affected, and (c) shall determine whether it is to the best
interests of the schools of the area and the educational welfare of the
pupils should such change in boundaries be granted.
The Hearing Board may administer oaths, determine the admissibility
of evidence, and issue subpoenas for the attendance of witnesses and
subpoena duces tecum for the production of documents. At the hearing, any resident in
any detaching, dissolving, or annexing school district or any representative of a detaching, dissolving, or annexing school district may appear
in person or by attorney in support of the petition or to object to the
granting of the petition and may present evidence in support of his or her
position through either oral or written testimony. At the conclusion of the hearing, the Hearing Board shall,
within 30 days, enter an order either granting or denying the petition. The Hearing Board shall deliver a certified copy of the order by certified mail, return receipt requested,
to the petitioners; the president of the school board of each detaching or dissolving and annexing district;
any person providing testimony in support of or opposition to the petition at the hearing; any
attorney who appears for any person; and the regional superintendent of schools who has supervision and control, as defined in Section 3-14.2 of this Code, of each detaching or dissolving and annexing district. The Hearing Board is not required to send a copy of the Hearing Board's order to those attending the hearing but not participating. The final order shall be in writing and include findings of fact, conclusions of law, and the decision to grant or deny the petition.
Within 10 days after service of the certified copy of the order granting or denying the petition, any
person so served may petition for rehearing. The petition for rehearing shall specify the reason for the request. The Hearing Board shall first determine whether there is sufficient cause for a rehearing. If so determined, then the Hearing Board shall allow the petition to be heard anew in its entirety in accordance with all procedures in this Section. The party requesting a rehearing shall pay the expenses of publishing the notice and of any transcript taken at the hearing. The filing of a
petition for rehearing operates as a stay of enforcement until the Hearing Board
enters its final order on that petition for rehearing.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-2.7
(105 ILCS 5/7-2.7) (from Ch. 122, par. 7-2.7)
Sec. 7-2.7.
The decision of the Hearing Board under Section 7-2.6 is an
"administrative decision" as defined in Section 3-101 of the Code of Civil
Procedure, and any resident,
petitioner, or board of education entitled to receive a certified copy of the Hearing Board's order may, within 35
days after a copy of the decision sought to be reviewed was served by certified mail, return receipt requested, upon the resident, petitioner, or board of education,
thereby file a complaint for
a judicial review of that decision in accordance with the Administrative Review Law and the rules adopted pursuant thereto.
The commencement of any action for judicial review operates as a stay of
enforcement, and further proceedings must not be had until final disposition
of such review. Any change in boundaries resulting from the proceedings
under Sections 7-2.4 through 7-2.7 takes effect on the date determined
pursuant to Section 7-9 of this Code.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-3
(105 ILCS 5/7-3) (from Ch. 122, par. 7-3)
Sec. 7-3.
Limitation on change of boundaries when bond election pending.
No petition affecting the boundaries of any school district may be filed
under this Article after the district has published the required legal
notice calling an election to authorize the issuance of bonds to be held on
a date not later than 21 days after such publication until the first of the
following events shall have occurred (1) the voters did not authorize the
issuance of the bonds at the election, (2) the bonds have been issued, (3)
the school board of the district has adopted a resolution abandoning its
plan to issue such bonds, or (4) seventy-five days have elapsed since such
election, provided that if proceedings are pending hereunder affecting the
boundaries of such district at the time the notice of such election is
published or if the district is a party to litigation affecting the
legality of its existence or its boundaries at such time, the said
seventy-five days shall not begin to run until the final determination of
such proceedings or litigation and the expiration of the time for review,
appeal or rehearing, and provided that the provisions of this section shall
be applicable only to the first such election called to be held in any one
calendar year.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/7-4
(105 ILCS 5/7-4) (from Ch. 122, par. 7-4)
Sec. 7-4. Requirements for granting petitions. No petition shall be
granted under Section 7-1 of this Code:
(a) If there will be any non-high school territory | | resulting from the granting of the petition.
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(b) (Blank).
(c) Unless the territory within any district whose
| | boundaries are affected by the granting of a petition shall after the granting thereof be compact and contiguous, except as provided in Section 7-6 of this Code or as otherwise provided in this subdivision (c). The fact that a district is divided by territory lying within the corporate limits of the city of Chicago shall not render it non-compact or non-contiguous. If, pursuant to a petition filed under Section 7-1 of this Code, all of the territory of a district is to be annexed to another district, then the annexing district and the annexed district need not be contiguous if the following requirements are met and documented within 2 calendar years prior to the petition filing date:
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(1) the distance between each district
| | administrative office is documented as no more than 30 miles;
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| (2) every district contiguous to the district
| | wishing to be annexed determines that it is not interested in participating in a petition filed under Section 7-1 of this Code, through a vote of its school board, and documents that non-interest in a letter to the regional board of school trustees containing approved minutes that record the school board vote; and
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| (3) documentation of meeting these requirements
| | are presented as evidence at the hearing required under Section 7-6 of this Code.
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| (d) (Blank).
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-4.1
(105 ILCS 5/7-4.1) (from Ch. 122, par. 7-4.1)
Sec. 7-4.1. Copies of petition. Each petition submitted under the provisions of Section 7-1 of this Code
shall include proof of notice to owners of record of real estate with no legal resident voters in any territory proposed to be detached, if applicable, and be accompanied by sufficient copies thereof for distribution to the president of the school
board of each detaching or dissolving and annexing school district. The copies need not contain original signatures by
the petitioners as is required of the original petition.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-5
(105 ILCS 5/7-5) (from Ch. 122, par. 7-5)
Sec. 7-5. Detachment set aside upon petition. If there is a recognized school district which as a result of detachment
is without a school building, the detachment may be set aside by the regional
board of school trustees of the region in which the regional superintendent
of schools had supervision and control, as defined in Section 3-14.2 of this Code, prior to the detachment upon
petition by two-thirds of the eligible voters in the school district after
such detachment and the detached area. The regional board of school trustees
shall conduct a hearing upon the petition as prescribed and in the manner
provided in Section 7-6 of this Code.
(Source: P.A. 100-374, eff. 8-25-17.)
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