State of Illinois
91st General Assembly
Legislation

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91_SB1557

 
                                               LRB9112259LDpk

 1        AN ACT to amend the School Code by changing Section 7-2.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.   The  School  Code  is  amended  by  changing
 5    Section 7-2 as follows:

 6        (105 ILCS 5/7-2) (from Ch. 122, par. 7-2)
 7        Sec.  7-2.  Districts  in two or more counties; Change of
 8    boundaries.  Boundaries of existing  school  districts  lying
 9    within  2  two or more counties may be changed by detachment,
10    annexation, division, dissolution or any combination  thereof
11    by  the concurrent action of, taken following a joint hearing
12    before, the regional boards of school trustees of each region
13    affected. For purposes of this Section and  Section  7-6,  an
14    educational  service  region  shall  be deemed to be a region
15    affected if any portion of the territory which  the  petition
16    seeks to have detached from any school district is located in
17    the  region.  The  petition  may  be  by  the  boards of each
18    district affected, or by  a  majority  of  the  legal  voters
19    residing  in  each district affected, or by two-thirds of the
20    legal  voters  residing  in  any  territory  proposed  to  be
21    detached from one or more districts or in each of one or more
22    districts proposed to be annexed to  another  district.   The
23    original  petition  shall be filed with the regional board of
24    school trustees of the region in which  the  territory  being
25    detached  is  located  or if territory is being detached from
26    more than one region then the petition shall  be  filed  with
27    the  regional board of school trustees of the region in which
28    the regional superintendent has supervision over the greatest
29    portion of such territory.  A  certified  true  copy  of  the
30    petition  shall  be  filed  with the regional board of school
31    trustees of each other region affected.  Notwithstanding  any
 
                            -2-                LRB9112259LDpk
 1    other  provisions  of this Article, if pursuant to a petition
 2    filed under this Section all of the  territory  of  a  school
 3    district  is  to  be  annexed to another school district, any
 4    action by the regional boards of school trustees in  granting
 5    the  petition  and  any changes in school district boundaries
 6    pursuant to that action is  subject  to  and  the  change  in
 7    school  district  boundaries  shall  not  be made except upon
 8    approval at a  regular  scheduled  election,  in  the  manner
 9    provided   by   Section  7-7.7,  of  a  proposition  for  the
10    annexation of all of the territory of that school district to
11    the other school district.
12        The regional board of school trustees in whose region the
13    joint hearing on the original  petition  is  conducted  shall
14    send  a  certified true copy of the transcript of the hearing
15    to each other region affected. If there are no  legal  voters
16    residing  within  the  territory proposed to be detached from
17    one or more districts, then the petition may be signed by all
18    of the owners of record of the real estate of the  territory.
19    The  annexing district is that district to which territory is
20    proposed to be added.
21        Where there is only one school building  in  an  approved
22    operating district, the building and building site may not be
23    included  in  any  detachment proceeding unless petitioned by
24    two-thirds of the eligible voters within the entire  district
25    wherein the school is located.
26        After  September  23,  1983,  no  petition shall be filed
27    under Sections 7-1 and 7-2 to  form  a  new  school  district
28    under  this  Article except that such a petition may be filed
29    under Section 7-1 to form a new  school  district  where  the
30    boundaries  of  such  new school district lie entirely within
31    the boundaries of a military base  or  installation  operated
32    and maintained by the government of the United States.
33    (Source: P.A. 90-459, eff. 8-17-97.)

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