Illinois General Assembly - Full Text of HB0606
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Full Text of HB0606  97th General Assembly



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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17another district. The regional board of school trustees of the
18region in which the regional superintendent has supervision
19over the school district that is dissolved shall have all power
20necessary to annex the territory of the dissolved district as
21provided in this Section, including the power to attach the
22territory to a school district under the supervision of the
23regional superintendent of another educational service region



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1and, in the case of Leepertown CCSD 175, the power to attach
2the territory to a non-contiguous school district if deemed in
3the best interests of the schools of the area and the
4educational welfare of the pupils involved. The annexation of
5the territory of a dissolved school district under this Section
6shall entitle the school districts involved in the annexation
7to payments from the State Board of Education in the same
8manner and to the same extent authorized in the case of other
9annexations under this Article. Other provisions of this
10Article 7 of The School Code shall apply to and govern
11dissolutions and annexations under this Section and Section
127-2a, except that it is the intent of the General Assembly that
13in the case of conflict the provisions of this Section and
14Section 7-2a shall control over the other provisions of this
16    The regional board of school trustees shall give notice of
17a hearing, to be held not less than 50 days nor more than 70
18days after a school district is dissolved under Section 5-32 or
19a petition is filed under subsection (b) of Section 7-2a, on
20the disposition of the territory of such school district by
21publishing a notice thereof at least once each week for 2
22successive weeks in at least one newspaper having a general
23circulation within the area of the territory involved. At such
24hearing, the regional board of school trustees shall hear
25evidence as to the school needs and conditions of the territory
26and of the area within and adjacent thereto, and shall take



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1into consideration the educational welfare of the pupils of the
2territory and the normal high school attendance pattern of the
3children. In the case of an elementary school district, except
4for Leepertown CCSD 175, if all the eighth grade graduates of
5such district customarily attend high school in the same high
6school district, the regional board of school trustees shall,
7unless it be impossible because of the restrictions of a
8special charter district, annex the territory of the district
9to a contiguous elementary school district whose eighth grade
10graduates customarily attend that high school, and that has an
11elementary school building nearest to the center of the
12territory to be annexed, but if such eighth grade graduates
13customarily attend more than one high school the regional board
14of school trustees shall determine the attendance pattern of
15such graduates and divide the territory of the district among
16the contiguous elementary districts whose graduates attend the
17same respective high schools.
18    The decision of the regional board of school trustees in
19such matter shall be issued within 10 days after the conclusion
20of the hearing and deemed an "administrative decision" as
21defined in Section 3-101 of the Code of Civil Procedure and any
22resident who appears at the hearing or any petitioner may
23within 10 days after a copy of the decision sought to be
24reviewed was served by registered mail upon the party affected
25thereby file a complaint for the judicial review of such
26decision in accordance with the "Administrative Review Law",



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1and all amendments and modifications thereof and the rules
2adopted pursuant thereto. The commencement of any action for
3review shall operate as a stay of enforcement, and no further
4proceedings shall be had until final disposition of such
5review. The final decision of the regional board of school
6trustees or of any court upon judicial review shall become
7effective under Section 7-9 in the case of a petition for
8dissolution filed under subsection (b) of Section 7-2a, and a
9final decision shall become effective immediately following
10the date no further appeal is allowable in the case of a
11district dissolved under Section 5-32.
12    Notwithstanding the foregoing provisions of this Section
13or any other provision of law to the contrary, the school board
14of the Mt. Morris School District is authorized to donate to
15the City of Mount Morris, Illinois the school building and
16other real property used as a school site by the Mt. Morris
17School District at the time of its dissolution, by appropriate
18resolution adopted by the school board of the district prior to
19the dissolution of the district; and upon the adoption of a
20resolution by the school board donating the school building and
21school site to the City of Mount Morris, Illinois as authorized
22by this Section, the regional board of school trustees or other
23school officials holding legal title to the school building and
24school site so donated shall immediately convey the same to the
25City of Mt. Morris, Illinois.
26(Source: P.A. 94-1019, eff. 7-10-06.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.