Rep. Frank J. Mautino

Filed: 10/26/2011





09700HB0606ham002LRB097 03426 RPM 59137 a


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



09700HB0606ham002- 2 -LRB097 03426 RPM 59137 a

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, in the case of Leepertown CCSD 175, the power to attach
9the territory to a non-contiguous school district if deemed in
10the best interests of the schools of the area and the
11educational welfare of the pupils involved. The annexation of
12the territory of a dissolved school district under this Section
13shall entitle the school districts involved in the annexation
14to payments from the State Board of Education in the same
15manner and to the same extent authorized in the case of other
16annexations under this Article. Other provisions of this
17Article 7 of The School Code shall apply to and govern
18dissolutions and annexations under this Section and Section
197-2a, except that it is the intent of the General Assembly that
20in the case of conflict the provisions of this Section and
21Section 7-2a shall control over the other provisions of this
23    The regional board of school trustees shall give notice of
24a hearing, to be held not less than 50 days nor more than 70
25days after a school district is dissolved under Section 5-32 or
26a petition is filed under subsection (b) of Section 7-2a, on



09700HB0606ham002- 3 -LRB097 03426 RPM 59137 a

1the disposition of the territory of such school district by
2publishing a notice thereof at least once each week for 2
3successive weeks in at least one newspaper having a general
4circulation within the area of the territory involved. At such
5hearing, the regional board of school trustees shall hear
6evidence as to the school needs and conditions of the territory
7and of the area within and adjacent thereto, and shall take
8into consideration the educational welfare of the pupils of the
9territory and the normal high school attendance pattern of the
10children. In the case of an elementary school district, except
11for Leepertown CCSD 175, if all the eighth grade graduates of
12such district customarily attend high school in the same high
13school district, the regional board of school trustees shall,
14unless it be impossible because of the restrictions of a
15special charter district, annex the territory of the district
16to a contiguous elementary school district whose eighth grade
17graduates customarily attend that high school, and that has an
18elementary school building nearest to the center of the
19territory to be annexed, but if such eighth grade graduates
20customarily attend more than one high school the regional board
21of school trustees shall determine the attendance pattern of
22such graduates and divide the territory of the district among
23the contiguous elementary districts whose graduates attend the
24same respective high schools.
25    The decision of the regional board of school trustees in
26such matter shall be issued within 10 days after the conclusion



09700HB0606ham002- 4 -LRB097 03426 RPM 59137 a

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



09700HB0606ham002- 5 -LRB097 03426 RPM 59137 a

1resolution by the school board donating the school building and
2school site to the City of Mount Morris, Illinois as authorized
3by this Section, the regional board of school trustees or other
4school officials holding legal title to the school building and
5school site so donated shall immediately convey the same to the
6City of Mt. Morris, Illinois.
7(Source: P.A. 94-1019, eff. 7-10-06.)
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".