[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0046
HB2020 Enrolled LRB9101213NTsb
AN ACT to amend the School Code by changing Section 7-2b
and repealing Section 2-3.105a.
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 7-2b as follows:
(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% 10% 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 State Board of Education 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% 10% 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 State Board of Education 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 State Board of
Education 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. 88-386; 89-397, eff. 8-20-95.)
(105 ILCS 5/2-3.105a rep.)
Section 10. The School Code is amended by repealing
Section 2-3.105a.
Section 99. Effective date. This Act takes effect upon
becoming law.
[ Top ]