Public Act 097-0656
 
HB0606 EnrolledLRB097 03426 NHT 43463 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
7-11 as follows:
 
    (105 ILCS 5/7-11)  (from Ch. 122, par. 7-11)
    Sec. 7-11. Annexation of dissolved non-operating
districts. If any school district has become dissolved as
provided in Section 5-32, or if a petition for dissolution is
filed under subsection (b) of Section 7-2a, the regional board
of school trustees shall attach the territory of such dissolved
district to one or more districts and, if the territory is
added to 2 or more districts, shall divide the property of the
dissolved district among the districts to which its territory
is added, in the manner provided for the division of property
in case of the organization of a new district from a part of
another district. The regional board of school trustees of the
region in which the regional superintendent has supervision
over the school district that is dissolved shall have all power
necessary to annex the territory of the dissolved district as
provided in this Section, including the power to attach the
territory to a school district under the supervision of the
regional superintendent of another educational service region
and, in the case of Leepertown CCSD 175, the power to attach
the territory to a non-contiguous school district if deemed in
the best interests of the schools of the area and the
educational welfare of the pupils involved. The annexation of
the territory of a dissolved school district under this Section
shall entitle the school districts involved in the annexation
to payments from the State Board of Education in the same
manner and to the same extent authorized in the case of other
annexations under this Article. Other provisions of this
Article 7 of The School Code shall apply to and govern
dissolutions and annexations under this Section and Section
7-2a, except that it is the intent of the General Assembly that
in the case of conflict the provisions of this Section and
Section 7-2a shall control over the other provisions of this
Article.
    The regional board of school trustees shall give notice of
a hearing, to be held not less than 50 days nor more than 70
days after a school district is dissolved under Section 5-32 or
a petition is filed under subsection (b) of Section 7-2a, on
the disposition of the territory of such school district by
publishing a notice thereof at least once each week for 2
successive weeks in at least one newspaper having a general
circulation within the area of the territory involved. At such
hearing, the regional board of school trustees shall hear
evidence as to the school needs and conditions of the territory
and of the area within and adjacent thereto, and shall take
into consideration the educational welfare of the pupils of the
territory and the normal high school attendance pattern of the
children. In the case of an elementary school district, except
for Leepertown CCSD 175, if all the eighth grade graduates of
such district customarily attend high school in the same high
school district, the regional board of school trustees shall,
unless it be impossible because of the restrictions of a
special charter district, annex the territory of the district
to a contiguous elementary school district whose eighth grade
graduates customarily attend that high school, and that has an
elementary school building nearest to the center of the
territory to be annexed, but if such eighth grade graduates
customarily attend more than one high school the regional board
of school trustees shall determine the attendance pattern of
such graduates and divide the territory of the district among
the contiguous elementary districts whose graduates attend the
same respective high schools.
    The decision of the regional board of school trustees in
such matter shall be issued within 10 days after the conclusion
of the hearing and deemed an "administrative decision" as
defined in Section 3-101 of the Code of Civil Procedure and any
resident who appears at the hearing or any petitioner may
within 10 days after a copy of the decision sought to be
reviewed was served by registered mail upon the party affected
thereby file a complaint for the judicial 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 stay of enforcement, and no further
proceedings shall be had until final disposition of such
review. The final decision of the regional board of school
trustees or of any court upon judicial review shall become
effective under Section 7-9 in the case of a petition for
dissolution filed under subsection (b) of Section 7-2a, and a
final decision shall become effective immediately following
the date no further appeal is allowable in the case of a
district dissolved under Section 5-32.
    Notwithstanding the foregoing provisions of this Section
or any other provision of law to the contrary, the school board
of the Mt. Morris School District is authorized to donate to
the City of Mount Morris, Illinois the school building and
other real property used as a school site by the Mt. Morris
School District at the time of its dissolution, by appropriate
resolution adopted by the school board of the district prior to
the dissolution of the district; and upon the adoption of a
resolution by the school board donating the school building and
school site to the City of Mount Morris, Illinois as authorized
by this Section, the regional board of school trustees or other
school officials holding legal title to the school building and
school site so donated shall immediately convey the same to the
City of Mt. Morris, Illinois.
(Source: P.A. 94-1019, eff. 7-10-06.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 1/13/2012