Rep. Linda Chapa LaVia

Filed: 4/4/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 595

2    AMENDMENT NO. ______. Amend House Bill 595 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Section
57-04 and by adding Section 7-2d as follows:
 
6    (105 ILCS 5/7-04)  (from Ch. 122, par. 7-04)
7    Sec. 7-04. Districts in educational service regions of
82,000,000 or more inhabitants.
9    (a) In all proceedings under this Article to change by
10detachment, annexation, division, dissolution, or any
11combination of those methods the boundaries of any school
12district (other than a school district organized under Article
1334) located in an educational service region of 2,000,000 or
14more inhabitants in which the regional board of school trustees
15is abolished as provided in subsection (a) of Section 6-2, the
16trustees of schools of the township in which that school

 

 

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1district is located, as the successor under subsection (b) of
2Section 6-2 to the former regional board of school trustees
3with respect to all territory located in that school township,
4shall have, exercise, and perform all powers, duties, and
5responsibilities required under this Article to be exercised
6and performed in those proceedings by a regional board of
7school trustees; provided that if any school district affected
8by those proceedings is located in a school township referred
9to in subsection (b) of Section 5-1 and there are no trustees
10of schools acting in that township, then the governing board of
11the educational service center established pursuant to Section
122-3.62 of this Code where the detaching territory is located
13school board of any such district, as the successor under
14subsection (b) of Section 6-2 to the former regional board of
15school trustees with respect to the territory comprising that
16school district, shall have, exercise, and perform all powers,
17duties, and responsibilities required under this Article to be
18exercised and performed in those proceedings with respect to
19the territory of that school district by a regional board of
20school trustees; and provided further that: (i) when any school
21district affected by those proceedings is located not only in
22an educational service region of 2,000,000 or more inhabitants
23but also in 2 or more school townships in that region that each
24have trustees of schools of the township, then the boundaries
25of that school district may be changed under this Article by
26detachment, annexation, division, dissolution, or any

 

 

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1combination of those methods only by the concurrent action of,
2taken following a joint hearing before the trustees of schools
3of those townships (in that educational service region) in
4which that school district is located; and (ii) if any part of
5the school district referred to in item (i) of this subsection
6also lies within an educational service region that has a
7regional board of school trustees, the boundaries of that
8district may be changed under this Article only by the
9concurrent action of, taken following a joint hearing before
10the trustees of schools of the townships referred to in item
11(i) of this subsection and the regional board of school
12trustees of the educational service region referred to in this
13item (ii) of this subsection. Whenever concurrent action and
14joint hearings are required under this subsection, the original
15petition shall be filed with the trustees of schools of the
16township in which the territory or greatest portion of the
17territory being detached is located, or if the territory is
18being detached from more than one educational service region
19then with the regional board of school trustees of the region
20or the trustees of schools of the township in which the
21territory or greatest portion of the territory being detached
22is located.
23    (b) Except as otherwise provided in this Section, all other
24provisions of this Article shall apply to any proceedings under
25this Article to change the boundaries of any school district
26located in an educational service region having 2,000,000 or

 

 

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1more inhabitants in the same manner that those provisions apply
2to any proceedings to change the boundaries of any school
3district located in any other educational service region;
4provided, that any reference in those other provisions to the
5regional board of school trustees shall mean, with respect to
6all territory within an educational service region containing
72,000,000 or more inhabitants that formerly was served by a
8regional board of school trustees abolished under subsection
9(a) of Section 6-2, the trustees of schools of the township or
10the school board of the school district that is the successor
11under subsection (b) of Section 6-2 to the former regional
12board of school trustees with respect to the territory included
13within that school township or school district or the governing
14board of the educational service center established pursuant to
15Section 2-3.62 of this Code where the detaching territory is
16located when any school district affected by those proceedings
17is located in a school township referred to in subsection (b)
18of Section 5-1 of this Code and there are no trustees of
19schools acting in that township.
20(Source: P.A. 87-969.)
 
21    (105 ILCS 5/7-2d new)
22    Sec. 7-2d. Elementary school district detachment and
23annexation.
24    (a) Notwithstanding any other provision of this Code, any
25contiguous portion of an elementary school district may be

 

 

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1detached from that district and annexed to an adjoining
2elementary school district, upon a petition or petitions filed
3under this Section, if the portion of the district to be so
4detached and annexed to an adjoining elementary school district
5consists of not more than 100 acres of land in an incorporated
6area of a municipality in a county of 2,000,000 or more
7inhabitants where the adjoining elementary school district to
8which it is seeking to be attached is located.
9    (b) A petition filed under this Section must be filed with
10the executive director of the educational service center where
11the portion of the school district to be so detached and
12annexed is located and must be signed by all of the owners of
13record of the land that comprises the portion of the school
14district that is to be detached and annexed to the adjoining
15elementary school district under the provisions of this
16Section.
17    (c) The governing board of the educational service center
18shall (i) hold a hearing on the petition within 90 days after
19the date of filing, (ii) render a decision granting or denying
20the petition within 30 days after the hearing, and (iii)
21promptly serve a copy of the decision by certified mail, return
22receipt requested, upon the petitioners and upon the school
23boards of the school districts from which the territory
24described in the petition is sought to be detached and to which
25that territory is sought to be annexed.
26    The governing board of the educational service center has

 

 

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1no authority or discretion to hear any evidence or consider any
2issues at the hearing except those that may be necessary to
3determine whether the limitations and conditions of this
4Section have been met.
5    (d) The executive director of the educational service
6center (i) shall give written notice of the time and place of
7the hearing, not less than 30 days prior to the date of the
8hearing, to the school board of the school district from which
9the territory described in the petition is to be detached and
10to the school board of the school district to which that
11territory is to be annexed and (ii) shall publish notice of the
12hearing, not less than 15 days prior to the date of the
13hearing, in a newspaper that is published in the county where
14the territory described in the petition is located and that has
15circulation within the school districts whose school boards are
16entitled to written notice of the hearing.
17    (e) In the event that the granting of a petition filed
18under this Section has become final, either through failure to
19seek administrative review or by the final decision of a court
20on review, the change in boundaries shall become effective
21forthwith and for all purposes, except that if the granting of
22the petition becomes final at any time from September 1 through
23June 30 of any year, the administration of and attendance at
24the schools shall not be affected until the following July 1,
25when the change in boundaries shall become effective for all
26purposes. After the granting of a petition has become final,

 

 

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1the date when the change shall become effective for purposes of
2administration and attendance may be accelerated or postponed
3by stipulation of the school boards of the school districts
4from which the territory described in the petition is detached
5and to which that territory is annexed.
6    (f) The decision of the governing board of the educational
7service center shall be deemed an "administrative decision", as
8defined in Section 3-101 of the Code of Civil Procedure, and
9any petitioner or the school board of a school district
10affected by the detachment and annexation of the territory
11described in the petition may, within 35 days after a copy of
12the decision sought to be reviewed was served by certified mail
13upon the party affected thereby or upon the attorney of record
14for that party, apply for a review of the decision in
15accordance with the Administrative Review Law and the rules
16adopted pursuant to the Administrative Review Law.
17    The commencement of any action for review shall operate as
18a supersedeas, and no further proceedings shall be had until
19final disposition of the review. The circuit court of the
20county where the petition is filed with the educational service
21center shall have sole jurisdiction to entertain a complaint
22for such review.
23    (g) This Section (i) is not limited by and operates
24independently of all other provisions of this Article and (ii)
25constitutes complete authority for the granting or denial by
26the educational service center of a petition filed under this

 

 

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1Section if the conditions prescribed by this Section for the
2filing of that petition are met.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".