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Public Act 91-0460
SB215 Enrolled LRB9101273NTsb
AN ACT to amend the School Code by changing Section 7-1.
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 7-1 as follows:
(105 ILCS 5/7-1) (from Ch. 122, par. 7-1)
Sec. 7-1. Districts in one educational service region -
changing boundaries.
(a) School district boundaries lying entirely within any
educational service region may be changed by detachment,
annexation, division or dissolution or any combination
thereof by the regional board of school trustees of such
region, or by the State Superintendent of Education as
provided in subsection (l) of Section 7-6, when petitioned by
the boards of each district affected or by a majority of the
registered voters in each district affected or by two-thirds
of the registered voters in any territory proposed to be
detached from one or more districts or in each of one or more
districts proposed to be annexed to another district.
Registered voters shall be determined by the official voter
registration lists as of the date the petition is filed. No
signatures shall be added after the date the petition is
filed. If there are no registered voters within the
territory proposed to be detached from one or more districts,
then the petition may be signed by all of the owners of
record of the real estate of the territory. Notwithstanding
any other provisions of this Article, if pursuant to a
petition filed under this subsection all of the territory of
a school district is to be annexed to another school
district, any action by the regional board of school trustees
or State Superintendent of Education 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 shall not be made except upon
approval at a regular scheduled election, in the manner
provided by Section 7-7.7, of a proposition for the
annexation of all of the territory of that school district to
the other school district.
Each page of the circulated petition shall include the
full prayer of the petition, and each signature contained
therein shall match the official signature and address of the
registered voters as recorded in the office of the election
authority having jurisdiction over the county. Each
petitioner shall also record the date of his signing. Each
page of the petition shall be signed by a circulator who has
witnessed the signature of each petitioner on that page. The
length of time for signatures to be valid, before filing of
the petition, shall not exceed 6 months.
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 unless petitioned by
two-thirds of the registered voters within the entire
district wherein the school is located.
(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 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 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. 90-459, eff. 8-17-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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