093_SB0368sam001

 










                                     LRB093 10049 NHT 11697 a

 1                    AMENDMENT TO SENATE BILL 368

 2        AMENDMENT NO.     .  Amend Senate Bill 368  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  School  Code  is  amended  by changing
 5    Section 11A-2 as follows:

 6        (105 ILCS 5/11A-2) (from Ch. 122, par. 11A-2)
 7        Sec. 11A-2.  Organization of  community  unit  districts;
 8    territorial  requirement.    (1)  Any  contiguous and compact
 9    territory  of  at  least   $12,000,000   equalized   assessed
10    valuation  and having a population of not less than 4,000 and
11    not more than 500,000, no part of which  is  included  within
12    any  unit  district,  may  be organized into a community unit
13    school  district  as  provided  in  this  Article;  (2)   the
14    territory  of 2 or more entire unit school districts that are
15    contiguous to each other and the territory of which taken  as
16    a  whole  is  compact  may be organized into a community unit
17    school district as provided  in  this  Article;  or  (3)  the
18    territory  of  one  or more entire unit school districts that
19    are contiguous to each other plus any contiguous and  compact
20    territory,  no  part  of  which  is  included within any unit
21    district, and the territory of which  taken  as  a  whole  is
22    compact  may  be  organized  into  a  community  unit  school
 
                            -2-      LRB093 10049 NHT 11697 a
 1    district  as provided in this Article; however, a petition or
 2    petitions may be filed hereunder proposing to divide  a  unit
 3    school district into 2 or more parts and proposing to include
 4    all  of such parts in 2 or more community unit districts.  As
 5    used in this Section, a unit school district includes, but is
 6    not limited to, a special charter unit school district.
 7        The territory of any high school district and fewer  than
 8    all  of  the  elementary school districts included within the
 9    high school district may be organized into a  community  unit
10    school  district.  Any  such  elementary  school district not
11    participating  in  the   reorganization   shall   remain   an
12    elementary   school  district,  and  the  territory  of  that
13    elementary school district shall  be  designated  a  non-high
14    school district pursuant to Article 12 of this Code.
15        The  regional  superintendent shall not accept for filing
16    hereunder any petition which includes therein  any  territory
17    already  included  as  part  of  the  territory  described in
18    another petition filed hereunder.   Hearings  on  a  petition
19    filed hereunder shall not be commenced so long as any part of
20    the  territory  described  therein  shall  include  territory
21    described,  whether  by  amendment  or  otherwise, in another
22    petition filed hereunder.  A petition may be filed  hereunder
23    which  contains  less  than  the  required  minimum equalized
24    assessed valuation or population requirements  provided  that
25    such  a  petition  shall  not  be  approved  by  the regional
26    superintendent  and  State  Superintendent   unless   it   is
27    determined:   (1)  that  there  is  a  compelling  reason for
28    granting the petition; (2) that the territory involved cannot
29    currently be organized as part of a petition which meets  the
30    minimum  requirements;  (3) that the granting of the petition
31    will not interfere with the ultimate  reorganization  of  the
32    territory  into  a  school  district  which meets the minimum
33    requirements; (4) that the granting of the petition is in the
34    best educational interests of the pupils  affected;  and  (5)
 
                            -3-      LRB093 10049 NHT 11697 a
 1    that  the  granting of the petition is financially beneficial
 2    to the affected school districts.
 3    (Source: P.A. 88-555, eff. 7-27-94.)

 4        Section 99. Effective date. This Act takes effect on July
 5    1, 2003.".