Rep. Frank J. Mautino

Filed: 10/25/2011





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2    AMENDMENT NO. ______. Amend House Bill 606 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing Section
57-11 as follows:
6    (105 ILCS 5/7-11)  (from Ch. 122, par. 7-11)
7    Sec. 7-11. Annexation of dissolved non-operating
8districts. If any school district has become dissolved as
9provided in Section 5-32, or if a petition for dissolution is
10filed under subsection (b) of Section 7-2a, the regional board
11of school trustees shall attach the territory of such dissolved
12district to one or more districts and, if the territory is
13added to 2 or more districts, shall divide the property of the
14dissolved district among the districts to which its territory
15is added, in the manner provided for the division of property
16in case of the organization of a new district from a part of



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1another district. The regional board of school trustees of the
2region in which the regional superintendent has supervision
3over the school district that is dissolved shall have all power
4necessary to annex the territory of the dissolved district as
5provided in this Section, including the power to attach the
6territory to a school district under the supervision of the
7regional superintendent of another educational service region
8and the power to attach the territory to a non-contiguous
9school district if deemed in the best interests of the schools
10of the area and the educational welfare of the pupils involved.
11The annexation of the territory of a dissolved school district
12under this Section shall entitle the school districts involved
13in the annexation to payments from the State Board of Education
14in the same manner and to the same extent authorized in the
15case of other annexations under this Article. Other provisions
16of this Article 7 of The School Code shall apply to and govern
17dissolutions and annexations under this Section and Section
187-2a, except that it is the intent of the General Assembly that
19in the case of conflict the provisions of this Section and
20Section 7-2a shall control over the other provisions of this
22    The regional board of school trustees shall give notice of
23a hearing, to be held not less than 50 days nor more than 70
24days after a school district is dissolved under Section 5-32 or
25a petition is filed under subsection (b) of Section 7-2a, on
26the disposition of the territory of such school district by



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1publishing a notice thereof at least once each week for 2
2successive weeks in at least one newspaper having a general
3circulation within the area of the territory involved. At such
4hearing, the regional board of school trustees shall hear
5evidence as to the school needs and conditions of the territory
6and of the area within and adjacent thereto, and shall take
7into consideration the educational welfare of the pupils of the
8territory and the normal high school attendance pattern of the
9children. In the case of an elementary school district if all
10the eighth grade graduates of such district customarily attend
11high school in the same high school district, the regional
12board of school trustees shall, unless it be impossible because
13of the restrictions of a special charter district, annex the
14territory of the district to a contiguous elementary school
15district whose eighth grade graduates customarily attend that
16high school, and that has an elementary school building nearest
17to the center of the territory to be annexed, but if such
18eighth grade graduates customarily attend more than one high
19school the regional board of school trustees shall determine
20the attendance pattern of such graduates and divide the
21territory of the district among the contiguous elementary
22districts whose graduates attend the same respective high
24    The decision of the regional board of school trustees in
25such matter shall be issued within 10 days after the conclusion
26of the hearing and deemed an "administrative decision" as



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1defined in Section 3-101 of the Code of Civil Procedure and any
2resident who appears at the hearing or any petitioner may
3within 10 days after a copy of the decision sought to be
4reviewed was served by registered mail upon the party affected
5thereby file a complaint for the judicial review of such
6decision in accordance with the "Administrative Review Law",
7and all amendments and modifications thereof and the rules
8adopted pursuant thereto. The commencement of any action for
9review shall operate as a stay of enforcement, and no further
10proceedings shall be had until final disposition of such
11review. The final decision of the regional board of school
12trustees or of any court upon judicial review shall become
13effective under Section 7-9 in the case of a petition for
14dissolution filed under subsection (b) of Section 7-2a, and a
15final decision shall become effective immediately following
16the date no further appeal is allowable in the case of a
17district dissolved under Section 5-32.
18    Notwithstanding the foregoing provisions of this Section
19or any other provision of law to the contrary, the school board
20of the Mt. Morris School District is authorized to donate to
21the City of Mount Morris, Illinois the school building and
22other real property used as a school site by the Mt. Morris
23School District at the time of its dissolution, by appropriate
24resolution adopted by the school board of the district prior to
25the dissolution of the district; and upon the adoption of a
26resolution by the school board donating the school building and



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1school site to the City of Mount Morris, Illinois as authorized
2by this Section, the regional board of school trustees or other
3school officials holding legal title to the school building and
4school site so donated shall immediately convey the same to the
5City of Mt. Morris, Illinois.
6(Source: P.A. 94-1019, eff. 7-10-06.)
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".