Full Text of SB0176 94th General Assembly
SB0176eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Sections | 5 |
| 11A-2, 11A-8, and 12-11.1 as follows: | 6 |
| (105 ILCS 5/11A-2) (from Ch. 122, par. 11A-2)
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| 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 valuation | 10 |
| and having a population of not less than 4,000 and not
more | 11 |
| than 500,000, no part of which is included within any unit | 12 |
| district, may
be organized into a community
unit school | 13 |
| district as provided in this Article; (2) the territory of 2
or | 14 |
| more entire unit school districts that are contiguous to each
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| other and the territory of which taken as a whole is compact | 16 |
| may be organized
into a community unit school district as | 17 |
| provided in this Article; or (3)
the territory of one or more | 18 |
| entire unit school districts
that are contiguous to each other | 19 |
| plus any contiguous and compact territory,
no part of which is | 20 |
| included within any unit district, and the territory of
which | 21 |
| taken as a whole is compact
may be organized into a community | 22 |
| unit school district as provided in this
Article; however, a | 23 |
| petition or petitions may be filed hereunder
proposing to | 24 |
| divide a unit school district into 2 or more parts and
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| proposing to include all of such parts in 2 or more community | 26 |
| unit districts.
As used in this Section, a unit school district | 27 |
| includes, but is not limited
to, a special charter unit school | 28 |
| district.
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| The territory of any high school district and fewer than | 30 |
| all of
the elementary school districts included within the high | 31 |
| school district may be
organized into a
community unit school | 32 |
| district. Any such elementary school
district not |
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| participating in the reorganization shall remain an
elementary | 2 |
| school district, and the territory of that elementary school
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| district shall be designated a non-high school district | 4 |
| pursuant to Article
12 of this Code.
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| The regional superintendent shall not accept for filing | 6 |
| hereunder any
petition
which includes therein any territory | 7 |
| already included as part of the territory
described in another | 8 |
| petition filed hereunder. Hearings on a petition filed
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| hereunder shall not be commenced so long as any part of the | 10 |
| territory described
therein shall include territory described, | 11 |
| whether by amendment or otherwise,
in another petition filed | 12 |
| hereunder. A petition may be filed hereunder
which contains | 13 |
| less than the required minimum equalized assessed valuation
or | 14 |
| population requirements provided that such a petition shall not | 15 |
| be
approved by the regional superintendent and State | 16 |
| Superintendent unless it
is determined: (1) that there is a | 17 |
| compelling reason for granting the
petition; (2) that the | 18 |
| territory involved cannot currently be organized as
part of a | 19 |
| petition which meets the minimum requirements; (3) that the
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| granting of the petition will not interfere with the ultimate | 21 |
| reorganization
of the territory into a school district which | 22 |
| meets the minimum
requirements; (4) that the granting of the | 23 |
| petition is in the best
educational interests of the pupils | 24 |
| affected; and (5) that the granting of
the petition is | 25 |
| financially beneficial to the affected school districts.
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| (Source: P.A. 88-555, eff. 7-27-94.)
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| (105 ILCS 5/11A-8) (from Ch. 122, par. 11A-8)
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| Sec. 11A-8. Passage requirements.
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| (a) Except as otherwise provided by
Section 11A-7, the | 30 |
| proposition to create a community unit school district
shall be | 31 |
| submitted only to the voters of the territory which comprises | 32 |
| the
proposed community unit school district, and if a majority | 33 |
| of the
voters in each of the affected school districts voting | 34 |
| at such election
vote in favor of the establishment of such | 35 |
| community unit school
district, the proposition shall be deemed |
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| to have passed.
However, if a majority of the voters in any | 2 |
| affected school district fails to vote in favor of the | 3 |
| proposition, then that district's refusal shall not prevent the | 4 |
| other affected school districts' reorganization. If such | 5 |
| reorganization occurs, then any elementary school district not | 6 |
| participating in the reorganization shall remain an elementary | 7 |
| school district, and the territory of that elementary school | 8 |
| district shall be designated as a non-high school district | 9 |
| pursuant to Article 12 of this Code.
Unless the
board of | 10 |
| education of a new community unit school district is elected at
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| the same election at which the proposition establishing that | 12 |
| district is
deemed to have passed, the regional superintendent | 13 |
| of schools shall order
an election to be held on the next | 14 |
| regularly scheduled election date for
the purpose of electing a | 15 |
| board of education for that district. In either
event, the | 16 |
| board of education elected for a new community unit school
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| district created under this Article shall consist of 7 members | 18 |
| who shall
have the terms and the powers and duties of school | 19 |
| boards as defined in
Article 10 of this Act. Nomination papers | 20 |
| filed under this Section are not
valid unless the candidate | 21 |
| named therein files with the regional
superintendent a receipt | 22 |
| from the county clerk showing that the candidate
has filed a | 23 |
| statement of economic interests as required by the Illinois
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| Governmental Ethics Act. Such statement shall be so filed | 25 |
| either
previously during the calendar year in which his | 26 |
| nomination papers were
filed or within the period for the | 27 |
| filing of nomination papers in
accordance with the general | 28 |
| election law. The regional superintendent
shall perform the | 29 |
| election duties assigned by law to the secretary of a
school | 30 |
| board for such election, and shall certify the officers and
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| candidates therefor pursuant to the general election law.
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| (b) Except as otherwise provided in subsection (c), for | 33 |
| school
districts formed before January 1, 1975, if the | 34 |
| territory of such district
is greater than 2 congressional | 35 |
| townships or 72 square miles, then not more
than 3 board | 36 |
| members may be selected from any one congressional township,
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| but congressional townships of less than 100 inhabitants shall | 2 |
| not be
considered for the purpose of such mandatory board | 3 |
| representation, and in
any such community unit district where | 4 |
| at least 75% but not more than 90%
of the population is in one | 5 |
| congressional township 4 board members shall be
selected | 6 |
| therefrom and 3 board members shall be selected from the rest | 7 |
| of
the district, but in any such community unit district where | 8 |
| more than 90%
of the population is in one congressional | 9 |
| township all board members may be
selected from one or more | 10 |
| congressional townships; and whenever the
territory of any | 11 |
| community unit district shall consist of not more than 2
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| congressional townships or 72 square miles, but shall consist | 13 |
| of more than
one congressional township, or 36 square miles, | 14 |
| outside of the corporate
limits of any city, village or | 15 |
| incorporated town within the school
district, not more than 5 | 16 |
| board members shall be selected from any city,
village or | 17 |
| incorporated town in such school district.
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| (c) The provisions of subsection (b) for mandatory board
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| representation shall no longer apply to a community unit school | 20 |
| district
formed prior to January 1, 1975, and the members of | 21 |
| the board of education
shall be elected at large from within | 22 |
| that school district and without
restriction by area of | 23 |
| residence within the district if both of the
following
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| conditions are met with respect to that district:
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| (1) A proposition for the election of board members at | 26 |
| large
and
without restriction by area of residence within | 27 |
| the district rather than in
accordance with the provisions | 28 |
| of subsection (b) for mandatory board
representation is
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| submitted to the school district's voters at a regular | 30 |
| school election or
at the general election as provided in | 31 |
| this subsection (c).
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| (2) A majority of those voting at the election in each
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| congressional
township comprising the territory of the | 34 |
| school district, including any
congressional township of | 35 |
| less than 100 inhabitants, vote in favor of the
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| proposition.
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| The board of education of the school district may by | 2 |
| resolution order
submitted or, upon the petition of the lesser | 3 |
| of 2,500 or 5% of the school
district's registered voters, | 4 |
| shall order submitted to the school
district's voters at a | 5 |
| regular school election or at the general election
the | 6 |
| proposition for the election of board members at large and | 7 |
| without
restriction by area of residence within the district | 8 |
| rather than in
accordance with the provisions of subsection (b) | 9 |
| for mandatory board
representation; and the proposition shall | 10 |
| thereupon be certified by the
board's secretary for submission. | 11 |
| If a majority of those voting at the
election in each | 12 |
| congressional township comprising the territory of the
school | 13 |
| district, including any congressional township of less than 100
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| inhabitants, vote in favor of the proposition: (i) the | 15 |
| proposition to elect board members
at large and without | 16 |
| restriction by area of residence within the district
shall be | 17 |
| deemed to have passed, (ii) new members of the board shall be
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| elected at large and without restriction by area of residence | 19 |
| within the
district at the next regular school election, and | 20 |
| (iii) the terms of office
of the board members incumbent at the | 21 |
| time the proposition is adopted shall
expire when the new board | 22 |
| members that are elected at large and without
restriction by | 23 |
| area of residence within the district have organized in
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| accordance with Section 10-16. In a community unit school | 25 |
| district that
formerly elected its members under subsection (b) | 26 |
| to successive terms not
exceeding 4 years, the members elected | 27 |
| at large and without restriction by
area of residence within | 28 |
| the district shall be elected for a term of 4
years, and in a | 29 |
| community unit school district that formerly elected its
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| members under subsection (b) to successive terms not exceeding | 31 |
| 6 years, the
members elected at large and without restriction | 32 |
| by area of residence
within the district shall be elected for a | 33 |
| term of 6 years; provided, that
in each case the terms of the | 34 |
| board members initially elected at large and
without | 35 |
| restriction by area of residence within the district as | 36 |
| provided in
this subsection shall be staggered and determined |
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| in accordance with the
provisions of Sections 10-10 and
10-16.
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| (Source: P.A. 89-129, eff. 7-14-95.)
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| (105 ILCS 5/12-11.1) (from Ch. 122, par. 12-11.1)
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| Sec. 12-11.1. Tax levy.
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(a) Except as otherwise provided in subsection (b) of this | 6 |
| Section, levy
Levy a tax annually upon all the taxable property | 7 |
| of the district not
to exceed 1% of value as equalized or | 8 |
| assessed by the Department of
Revenue, for the purpose of | 9 |
| paying the tuition of all
eighth-grade graduates residing | 10 |
| within the district attending any
recognized high school. The | 11 |
| board of education of such nonhigh school
district may by | 12 |
| proper resolution cause a proposition to increase the
annual | 13 |
| tax rate for such purpose to be submitted to the voters of such
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| district at any regular scheduled election. The rate shall not | 15 |
| be
increased at any single referendum more than 0.21% upon the | 16 |
| value as
equalized or assessed by the Department of Revenue for
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| such purpose, and the maximum rate for such purpose shall not | 18 |
| exceed
1.60%. Such amount shall be certified and returned to | 19 |
| the county clerk
on or before the last Tuesday in September of | 20 |
| each year. The certificate
shall be signed by the president and | 21 |
| the secretary of the board and may
be in the following form:
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| CERTIFICATE OF TAX LEVY
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| We hereby certify that we require the sum of .... dollars | 24 |
| to be
levied as a special tax to pay the tuition of graduates | 25 |
| of the eighth
grade residing in the nonhigh school district of | 26 |
| .... County, on the
equalized assessed valuation of the taxable | 27 |
| property of our nonhigh
school district.
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| Signed on (insert date).
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| A..... B....., President
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| C..... D....., Secretary
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| A failure to certify and return the certificate of tax levy | 32 |
| to the
county clerk in the time required shall not vitiate the | 33 |
| assessment.
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| (b) In the case of a non-high school district formed |
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| pursuant to Article 11A of this Code, levy a tax at the rate at | 2 |
| which residents were previously taxed by the associated high | 3 |
| school district. All proceeds from this tax shall be paid to | 4 |
| the unit school district to which the non-high school district | 5 |
| sends its students. If in any year the yield of the tax is | 6 |
| insufficient to cover the tuition charges, then an amount shall | 7 |
| be added to the taxes extended within the non-high school | 8 |
| district in the following year to repay the deficiency.
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| (Source: P.A. 91-357, eff. 7-29-99.)
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| Section 99. Effective date. This Act takes effect July 1, | 11 |
| 2005. |
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