(105 ILCS 5/3A-3)
(from Ch. 122, par. 3A-3)
Voluntary consolidation of educational service regions.
Any 2 or
more educational service regions may be consolidated into a single region in
the manner provided in this Section. All of the territory of any educational
service region shall be determined by county boundaries, but supervision and
control over school districts that are divided by a county line shall be
determined under Section 3-14.2 of this Act.
Each regional superintendent of a region that does not conform to the
population requirements of Section 3A-4 and seeks voluntary consolidation under
this Section shall appoint a nonpartisan citizens committee consisting of 5
members to consider the advisability of such a consolidation. Such regional
superintendent shall serve as ex officio secretary to the citizens committee.
This citizens committee may petition the regional board of school
trustees serving each of the regions involved for consolidation of those
regions into a single educational service region. When such a petition
is filed, the regional board of school trustees shall conduct a hearing
on the petition, after notice of the hearing has been published once,
not more than 15 nor less than 10 days before the day of the hearing, in
a newspaper having general circulation in the region. The secretary of
the regional board of school trustees shall also notify the secretary of
each school board affected by the proposed consolidation, the chairman of the
county board of each county affected thereby and the State Board of Education
that such petition has been filed. The notice shall state the date when
the petition was filed, the prayer of the petition and the date, time
and place of the hearing. Such hearing shall be held jointly by all of
the regional boards of school trustees affected by such petition and the
State Board of Education shall arrange for such joint
hearing and pay the expenses thereof. Evidence admissible at the hearing
shall include, but not be limited to, the school needs and conditions in
the territory affected by the proposed consolidation, whether or not
such area is compact and contiguous; and whether or not the proposed
consolidation would be in the best interests of the schools of the area
and the educational welfare of the pupils of such schools. At the
hearing each resident of the region shall have the rights provided for
residents under Section 7-6 and the final order of the regional board of
school trustees shall be subject to review as provided in Sections 7-6 and 7-7.
Within 10 days after the conclusion of the joint hearing each
regional board of school trustees shall meet and render a decision with
regard to the hearing on the petition. A copy of the final order of each
regional board of school trustees shall be filed with the State Board of
Education within 30 days after the conclusion of the joint
hearing. If the regional board of school trustees in each of those
regions enters an order approving the consolidation, those regions shall
be consolidated into a single educational service region, and the
State Board of Education shall authorize the establishment
of such single educational service region and to notify all interested
parties, including the county clerks of the counties affected thereby
and the State Board of Elections.
(Source: P.A. 88-89.)
(105 ILCS 5/3A-4)
(from Ch. 122, par. 3A-4)
Mandatory consolidation of educational service regions.
(a) After July 1, 2015,
region must contain at least 61,000 inhabitants. Before June 30, 2013, regions may be consolidated
voluntarily under Section 3A-3 or by joint resolution of the county boards of
regions seeking to join a voluntary consolidation, effective July 1, 2015, to meet these population
requirements. The boundaries of regions already meeting these population
requirements on the effective date of Public Act 97-703 may not be
changed except to consolidate with another region or a whole county portion of
another region which does not meet these population requirements.
If, before November 1, 2013, locally determined consolidation decisions result in more than 35 regions of
population greater than 61,000 each, the State Board of Education shall, before November 23, 2013, direct
further consolidation, beginning with the region of lowest population, until
the number of 35 regions is achieved.
(c) If, within 90 days after the most recent certified federal census, a region does not meet the population requirements of this Section, then regions may be consolidated voluntarily under Section 3A-3 of this Code or by joint resolution of the county boards of regions seeking to join a voluntary consolidation to meet these population requirements. If locally determined consolidation decisions result in a region not meeting the population requirements of this Section or result in more than 35 regions, then the State Board of Education shall have the authority to impose further consolidation by order of the State Superintendent of Education. Such an order shall be a final order and is subject to the Administrative Review Law.
(d) All population determinations shall be based on the most recent
(Source: P.A. 97-703, eff. 6-25-12; 98-594, eff. 11-15-13.)
(105 ILCS 5/3A-6)
(from Ch. 122, par. 3A-6)
Election of Superintendent for consolidated region - Bond -
Vacancies in any educational service region.
(a) The regional superintendent to be
elected under Section 3A-5 shall be elected at the time provided in the general
election law and must possess the qualifications described in Section 3-1 of
(b) The bond required under Section 3-2 shall be filed in the office of
county clerk in the county where the regional office is situated, and a
certified copy of that bond shall be filed in the office of the county clerk
in each of the other counties in the region.
(c) When a vacancy occurs in the office of regional superintendent of
schools of any educational service region which is not located in a county
which is a home rule unit, such vacancy shall be filled within 60 days (i)
by appointment of the chairman of the county board, with the advice and
consent of the county board, when such vacancy occurs in a single county
educational service region; or (ii) by appointment of a committee composed
of the chairmen of the county boards of those counties comprising the
affected educational service region when such vacancy occurs in a
multicounty educational service region, each committeeman to be entitled to
one vote for each vote that was received in the county represented by such
committeeman on the committee by the regional superintendent of schools
whose office is vacant at the last election at which a regional
superintendent was elected to such office, and the person receiving the
highest number of affirmative votes from the committeemen for such vacant
office to be deemed the person appointed by such committee to fill the
vacancy. The appointee shall be a member of the same political party as the
regional superintendent of schools the appointee succeeds was at the time
such regional superintendent of schools last was elected. The appointee
for the remainder of the term. However, if more than 28 months remain
in that term, the appointment shall be until the next general election, at
which time the vacated office shall be filled by election for the remainder
of the term. Nominations shall be made and any vacancy in nomination
shall be filled as follows:
(1) If the vacancy in office occurs before the first
date provided in Section 7-12 of the Election Code for filing nomination papers for county offices for the primary in the next even-numbered year following commencement of the term of office in which the vacancy occurs, nominations for the election for filling the vacancy shall be made pursuant to Article 7 of the Election Code.
(2) If the vacancy in office occurs during the time
provided in Section 7-12 of the Election Code for filing nomination papers for county offices for the primary in the next even-numbered year following commencement of the term of office in which the vacancy occurs, the time for filing nomination papers for the primary shall not be more than 91 days nor less than 85 days prior to the date of the primary.
(3) If the vacancy in office occurs after the last
day provided in Section 7-12 of the Election Code for filing nomination papers for county offices for the primary in the next even-numbered year following commencement of the term of office in which the vacancy occurs, a vacancy in nomination shall be deemed to have occurred and the county central committee of each established political party (if the vacancy occurs in a single county educational service region) or the multi-county educational service region committee of each established political party (if the vacancy occurs in a multi-county educational service region) shall nominate, by resolution, a candidate to fill the vacancy in nomination for election to the office at the general election. In the nomination proceedings to fill the vacancy in nomination, each member of the county central committee or the multi-county educational service region committee, whichever applies, shall have the voting strength as set forth in Section 7-8 or 7-8.02 of the Election Code, respectively. The name of the candidate so nominated shall not appear on the ballot at the general primary election. The vacancy in nomination shall be filled prior to the date of certification of candidates for the general election.
(4) The resolution to fill the vacancy shall be duly
acknowledged before an officer qualified to take acknowledgments of deeds and shall include, upon its face, the following information: (A) the name of the original nominee and the office vacated; (B) the date on which the vacancy occurred; and (C) the name and address of the nominee selected to fill the vacancy and the date of selection. The resolution to fill the vacancy shall be accompanied by a statement of candidacy, as prescribed in Section 7-10 of the Election Code, completed by the selected nominee, a certificate from the State Board of Education, as prescribed in Section 3-1 of this Code, and a receipt indicating that the nominee has filed a statement of economic interests as required by the Illinois Governmental Ethics Act.
The provisions of Sections 10-8 through 10-10.1 of the Election Code
relating to objections to nomination papers, hearings on objections, and
judicial review shall also apply to and govern objections to nomination papers
and resolutions for filling vacancies in nomination filed pursuant to this
Section. Unless otherwise specified in this Section, the nomination and
election provided for in this Section is governed by the general election
Except as otherwise provided by applicable county ordinance or by law, if
a vacancy occurs in the office of regional superintendent of schools of an
educational service region that is located in a county that is a home rule unit
and that has a population of less than 2,000,000 inhabitants, that vacancy
shall be filled by the county board of such home rule county.
Any person appointed to fill a vacancy in the office of
regional superintendent of schools of any educational service region must
possess the qualifications required to be elected to the position of
regional superintendent of schools, and shall obtain a certificate of
eligibility from the State Superintendent of Education and file same with
the county clerk of the county in which the regional superintendent's office
If the regional superintendent of schools is called into the active military
service of the United States, his office shall not be deemed to be vacant,
but a temporary appointment shall be made as in the case of a vacancy.
The appointee shall perform all the duties of the regional superintendent
of schools during the time the regional superintendent of schools is in
the active military service of the United States, and shall be paid the
same compensation apportioned as to the time of service, and such appointment
and all authority thereunder shall cease upon the discharge of the regional
superintendent of schools from such active military service. The appointee
shall give the same bond as is required of a regularly elected regional
superintendent of schools.
(Source: P.A. 96-893, eff. 7-1-10.)
(105 ILCS 5/3A-7)
(from Ch. 122, par. 3A-7)
Expenses of regional office - Budget.
When 2 or more regions have been consolidated into a single educational
service region, the costs of secretarial service, office space and other
expenses necessarily incurred in the operation of the office of the regional
superintendent shall be allocated to and
borne by the counties comprising the region in the proportion that the
equalized and assessed value of the taxable property in the county bears to
the total equalized and assessed value of all taxable property in the
region. For the purposes of calculating equalized assessed valuation
of taxable property under this Section for any tax year beginning January
1, 1981 or thereafter, the equalized assessed valuation for a county shall
be determined by adding to the real property equalized assessed valuation
for the county an amount computed by dividing the amount of money received
by the county under the provisions of "An Act in relation to the abolition
of ad valorem personal property tax and the replacement of revenues lost
thereby, and amending and repealing certain Acts and parts of Acts in connection
therewith", certified August 14, 1979, as amended, by the total tax rate
for the county.
By October 1 annually, the regional superintendent shall prepare a
budget, setting out the anticipated income for his educational service
region and a statement of the costs of secretarial services, office space
and other expenses to be incurred in the operation of his office, and shall
submit that budget to the county board of each of the counties in his
region for approval. No such costs or expenses may be incurred except
pursuant to that budget as approved by each of the county boards concerned.
The budget may be amended, modified or supplemented upon the vote of a 2/3
majority of each of those county boards.
(Source: P.A. 82-646.)