(105 ILCS 5/6-21) (from Ch. 122, par. 6-21)

Sec. 6-21. Legal Representation. Upon request, the State's Attorney of the county, other than a county of over 3,000,000 inhabitants, where the regional superintendent's office is located shall act as the legal representative of the regional board of school trustees; however, where matters arise which are within the exclusive jurisdiction of another State's Attorney, that State's Attorney shall provide legal representation.

(Source: P.A. 82-236.)

(105 ILCS 5/Art. 7 heading) ARTICLE 7. BOUNDARY CHANGE

(105 ILCS 5/7-01)

Sec. 7-01. (Repealed).

(Source: P.A. 78-514. Repealed by P.A. 100-374, eff. 8-25-17.)

(105 ILCS 5/7-01a)

Sec. 7-01a. Purpose and applicability. The purpose of this Article is to permit greater flexibility and efficiency in the detachment and dissolution of school districts for the improvement of the administration and quality of educational services and for the best interests of pupils. This Article applies only to school districts with under 500,000 inhabitants, but includes special charter districts (except those districts organized under Article 34 of this Code) and non-high school districts.

(Source: P.A. 100-374, eff. 8-25-17.)

(105 ILCS 5/7-01b)

Sec. 7-01b. Definition. In this Article, "legal resident voter" means a person who is registered to vote at the time a circulated petition is filed and when the regional board of school trustees renders a decision, at the address shown opposite his or her signature on the petition, and resides in the detaching territory or dissolving school district.

(Source: P.A. 100-374, eff. 8-25-17.)

(105 ILCS 5/7-02) (from Ch. 122, par. 7-02)

Sec. 7-02. Limitations. The provisions of this Article providing for the change in school district boundaries by detachment, annexation, division or dissolution, or by any combination of those methods, are subject to the provisions of this Section. Whenever due to fire, explosion, tornado or any Act of God the school buildings or one or more of the principal school buildings comprising an attendance center within a school district are destroyed or substantially destroyed and rendered unfit for school purposes, the provisions of this Article shall not be available to permit a division of that district, or a dissolution, detachment or annexation of any part thereof, or any combination of such results during a period from the date of such destruction or substantial destruction until 30 days after the second regular election of board members following such destruction or substantial destruction. Nothing in this Section shall be deemed to prohibit the combining of the entire district with another entire district or with other entire districts during such period pursuant to the provisions of Article 11E.

(Source: P.A. 94-1019, eff. 7-10-06.)

(105 ILCS 5/7-03)

Sec. 7-03. (Repealed).

(Source: P.A. 85-1020. Repealed by P.A. 94-1105, eff. 6-1-07.)

(105 ILCS 5/7-04) (from Ch. 122, par. 7-04)

Sec. 7-04. Districts in educational service regions of 2,000,000 or more inhabitants.

(a) In all proceedings under this Article to change by detachment, annexation, division, dissolution, or any combination of those methods the boundaries of any school district (other than a school district organized under Article 34) located in an educational service region of 2,000,000 or more inhabitants in which the regional board of school trustees is abolished as provided in subsection (a) of Section 6-2, the trustees of schools of the township that has jurisdiction and authority over the detaching or dissolving school district, as the successor under subsection (b) of Section 6-2 to the former regional board of school trustees with respect to all territory located in that school township, shall have, exercise, and perform all powers, duties, and responsibilities required under this Article to be exercised and performed in those proceedings by a regional board of school trustees; provided that if any detaching or dissolving school district involved in those proceedings is not under the jurisdiction and authority of the trustees of schools of a township referred to in subsection (b) of Section 5-1, a hearing panel as established in this Section shall have, exercise, and perform all powers, duties, and responsibilities required under this Article to be exercised and performed in those proceedings with respect to the detaching or dissolving school district by a regional board of school trustees.

(a-5) As applicable, the hearing panel shall be made up of 3 persons who have a demonstrated interest and background in education. Each hearing panel member must reside within an educational service region of 2,000,000 or more inhabitants but not within the boundaries of a school district organized under Article 34 of this Code and may not be a current school board member of the detaching or dissolving or annexing school district or a current employee of the detaching or dissolving or annexing school district or hold any county office. None of the hearing panel members may reside within the same school district. All 3 persons must be selected by the chief administrative officer of the educational service center in which the chief administrative officer has supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving school district. The members of a hearing panel as established in this Section shall serve without remuneration; however, the necessary expenses, including travel, attendant upon any meeting or hearing in relation to a proceeding under this Article must be paid.

(a-10) The petition must be filed with the trustees of schools of the township with jurisdiction and authority over the detaching or dissolving school district or with the chief administrative officer of the educational service center in which the chief administrative officer has supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving school district, as applicable. The chief administrative officer of the educational service center or a person designated by the trustees of schools of the township, as applicable, shall have, exercise, and perform all powers, duties, and responsibilities required under this Article that are otherwise assigned to regional superintendents of schools.

(b) Except as otherwise provided in this Section, all other provisions of this Article shall apply to any proceedings under this Article to change the boundaries of any school district located in an educational service region having 2,000,000 or more inhabitants in the same manner that those provisions apply to any proceedings to change the boundaries of any school district located in any other educational service region; provided, that any reference in those other provisions to the regional board of school trustees shall mean, with respect to all territory within an educational service region containing 2,000,000 or more inhabitants that formerly was served by a regional board of school trustees abolished under subsection (a) of Section 6-2, the trustees of schools of the township that is the successor under subsection (b) of Section 6-2 to the former regional board of school trustees with respect to the territory included within that school township or school district or the hearing panel as established by this Section.

(Source: P.A. 100-374, eff. 8-25-17.)

(105 ILCS 5/7-1) (from Ch. 122, par. 7-1)

Sec. 7-1. Changing boundaries by detachment or dissolution.

(a) School district boundaries may be changed by detachment, annexation, division or dissolution or any combination thereof by the regional board of school trustees or by the State Superintendent of Education as provided in subsection (l) of Section 7-6.

The petition must be filed with and decided solely by the regional board of school trustees of the region in which the regional superintendent of schools has supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving school district. The petition may be filed in any office operated by the regional superintendent with supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving school district.

A petition for boundary change must be filed by the school board of the detaching or dissolving district, by a majority of the legal resident voters in the dissolving district, or by two-thirds of a combination of the legal resident voters and the owners of record of any real estate with no legal resident voters in any territory proposed to be detached. If any of the territory proposed to be detached contains real estate with no legal resident voters, petitioners shall deliver the petition by certified mail, return receipt requested, to all owners of record of any real estate with no legal resident voters. Proof of such delivery must be presented as evidence at the hearing required under Section 7-6 of this Code. Any owner of record of real estate with no legal resident voters in any territory proposed to be detached may either sign the petition in person and before the circulator as described in this Section or return the petition with his or her notarized signature to be included as a petitioner. No person may sign a petition in the capacity of both a legal resident voter and owner of record. If there are no legal resident voters within the territory proposed to be detached, then the petition must be signed by all of the owners of record of the real estate of the territory. Legal resident voters shall be determined by the official voter registration lists as of the date the petition is filed. No signatures shall be added or withdrawn after the date the petition is filed. The length of time for signatures to be valid, before filing of the petition, shall not exceed 6 months. Notwithstanding any provision to the contrary contained in the Election Code, the regional superintendent of schools shall make all determinations regarding the validity of the petition, including, without limitation, signatures on the petition. If the regional superintendent determines that the petition is not in proper order or not in compliance with any applicable petition requirements, the regional superintendent may not accept the petition for filing and may return the petition to the petitioners. Any party who is dissatisfied with the determination of the regional superintendent regarding the validity of the petition may appeal the regional superintendent's decision to the regional board of school trustees by motion, and the motion must be heard by the regional board of school trustees prior to any hearing on the merits of the petition.

Petitions for detachment and dissolution shall include the full prayer of the petition with a general description of the territory at the top of each page. Each signature contained therein shall match the official signature and address of the legal resident voters as recorded in the office of the county clerk or board of election commissioners, and each petitioner shall record the date of his or her signing. Except in instances of a notarized signature of an owner of record of real estate with no legal resident voters in any territory proposed to be detached, each page of the circulated petition shall be signed by a circulator stating that he or she has witnessed the signature of each petitioner on that page. Detachment petitions containing 10 or fewer signatures may be notarized in lieu of a circulator statement. Each petition shall include an accurate legal description and map of the territory proposed to be detached. If a petition proposes to dissolve an entire district, then the full name and number of the district and a map are sufficient. Each petition shall include the names of petitioners; the district to be dissolved or the district from which the territory is proposed to be detached; the district or districts to which the territory is proposed to be annexed; evidence that the detaching or dissolving territory is compact and contiguous with the annexing district or districts or otherwise meets the requirements set forth in Section 7-4 of this Code; the referendum date, if applicable; and facts that support favorable findings for the factors to be considered by the regional board of school trustees pursuant to Section 7-6 of this Code.

Where there is only one school building in an approved operating district, the building and building site may not be included in any detachment proceeding.

Notwithstanding any other provisions of this Code, if, pursuant to a petition filed under this subsection (a), all of the territory of a school district is to be annexed to another school district, then any action by the regional board of school trustees in granting or approving the petition and any change in school district boundaries pursuant to that action is subject to and the change in school district boundaries may not be made except upon approval, at a regular scheduled election, in the manner provided by Section 7-7.7 of this Code, of a proposition for the annexation of all of the territory of that school district to the other school district.

No petition may be filed under this Section to form a new school district under this Article; however, such a petition may be filed under this Section to form a new school district if the boundaries of such new school district lie entirely within the boundaries of a military base or installation operated and maintained by the government of the United States.

(b) Any elementary or high school district with 100 or more of its students residing upon territory located entirely within a military base or installation operated and maintained by the government of the United States, or any unit school district or any combination of the above mentioned districts with 300 or more of its students residing upon territory located entirely within a military base or installation operated and maintained by the government of the United States, shall, upon the filing with the regional board of school trustees of a petition adopted by resolution of the board of education or a petition signed by a majority of the registered voters residing upon such military base or installation, have all of the territory lying entirely within such military base or installation detached from such school district, and a new school district comprised of such territory shall be created. The petition shall be filed with and decided solely by the regional board of school trustees of the region in which the regional superintendent of schools has supervision and control, as defined by Section 3-14.2 of this Code, of the school district affected. The regional board of school trustees shall have no authority to deny the detachment and creation of a new school district requested in a proper petition filed under this subsection. This subsection shall apply only to those school districts having a population of not fewer than 1,000 and not more than 500,000 residents, as ascertained by any special or general census.

The new school district shall tuition its students to the same districts that its students were previously attending and the districts from which the new district was detached shall continue to educate the students from the new district, until the federal government provides other arrangements. The federal government shall pay for the education of such children as required by Section 6 of Public Law 81-874.

If a school district created under this subsection (b) has not elected a school board and has not become operational within 2 years after the date of detachment, then this district is automatically dissolved and the territory of this district reverts to the school district from which the territory was detached or any successor district thereto. Any school district created under this subsection (b) on or before September 1, 1996 that has not elected a school board and has not been operational since September 1, 1996 is automatically dissolved on the effective date of this amendatory Act of 1999, and on this date the territory of this district reverts to the school district from which the territory was detached. For the automatic dissolution of a school district created under this subsection (b), the regional superintendent of schools who has supervision and control, as defined by Section 3-14.2 of this Code, of the school district from which the territory was detached shall certify to the regional board of school trustees that the school district created under this subsection (b) has been automatically dissolved.

(Source: P.A. 100-374, eff. 8-25-17.)

(105 ILCS 5/7-2)

Sec. 7-2. (Repealed).

(Source: P.A. 90-459, eff. 8-17-97. Repealed by P.A. 100-374, eff. 8-25-17.)

(105 ILCS 5/7-2a) (from Ch. 122, par. 7-2a)

Sec. 7-2a. (a) (Blank).

(b) Any school district with a population of less than 5,000 residents or an enrollment of less than 750 students, as determined by the district's most recent fall enrollment counts as posted on the State Board of Education's website, shall be dissolved and its territory annexed as provided in Section 7-11 of this Code by the regional board of school trustees upon the filing of a petition adopted by resolution of the board of education or signed by a majority of the legal resident voters of the district seeking such dissolution. No petition shall be adopted or signed under this subsection until the board of education or the petitioners, as the case may be, shall have given at least 10 days' notice to be published once in a newspaper having general circulation in the district and shall have conducted a public informational meeting to inform the residents of the district of the proposed dissolution and to answer questions concerning the proposed dissolution. The petition shall be filed with and decided solely by the regional board of school trustees of the region in which the regional superintendent of schools has supervision and control, as defined by Section 3-14.2 of this Code, of the school district being dissolved.

The regional board of school trustees shall not act on a petition filed by a board of education if within 45 days after giving the first notice of the hearing required under Section 7-11 of this Code a petition in opposition to the petition of the board to dissolve, signed by a majority of the legal resident voters of the district, is filed with the regional board of school trustees. In such an event, the dissolution petition is dismissed on procedural grounds by operation of law and the regional board of school trustees shall have no further authority to consider the petition. A dissolution petition dismissed as the result of a valid opposition petition is not subject to the limitation on successive petitions as provided in Section 7-8 of this Code, and a new petition may be filed upon receipt of the regional board of school trustees' notice stating that the original petition was dismissed by operation of law.

For all petitions under this Section, the legal resident voters must be determined by the official voter registration lists as of the date the petition is filed. No signatures may be added or withdrawn after the date the petition is filed. The length of time for signatures to be valid, before filing of the petition, may not exceed 6 months. Notwithstanding any provision to the contrary contained in the Election Code, the regional superintendent of schools shall make all determinations regarding the validity of the petition, including, without limitation, signatures on the petition. Any party who is dissatisfied with the determination of the regional superintendent regarding the validity of the petition may appeal the regional superintendent's decision to the regional board of school trustees by motion, and the motion must be heard by the regional board of school trustees prior to any hearing on annexing the territory of a district being dissolved. If no opposition petition is timely filed, the regional board of school trustees shall have no authority to deny dissolution requested in a proper petition for dissolution filed under this Section, but shall exercise its discretion in accordance with Section 7-11 of this Code on the issue of annexing the territory of a district being dissolved, giving consideration to but not being bound by the wishes expressed by the residents of the various school districts that may be affected by such annexation.

(Source: P.A. 99-657, eff. 7-28-16; 100-374, eff. 8-25-17.)

(105 ILCS 5/7-2b) (from Ch. 122, par. 7-2b)

Sec. 7-2b. Annexation of non-coterminous territory from an elementary or high school district.

(a) Any contiguous portion of a high school district that constitutes 5% or less of the equalized assessed value of the district and 5% or less of the territory of the district shall upon petition of two-thirds of the registered voters of the territory proposed to be detached and annexed be so detached and annexed by the regional board of school trustees if granting such petition shall make the affected segment of the boundaries of the high school district the territory is proposed to be annexed to identical, for the entirety of such affected segment, to the boundaries of the elementary school district in which the territory is located.

Any contiguous portion of an elementary school district that constitutes 5% or less of the equalized assessed value of the district and 5% or less of the territory of the district shall upon petition of two-thirds of the registered voters of the territory proposed to be detached and annexed be so detached and annexed by the regional board of school trustees if granting such petition shall make the affected segment of the boundaries of the elementary school district the territory is proposed to be annexed to identical, for the entirety of such affected segment, to the boundaries of the high school district in which the territory is located.

The regional board of school trustees shall have no authority or discretion to hear any evidence or consider any issues except those that may be necessary to determine whether the limitations and conditions of this Section have been met.

No district may lose more than 5% of its equalized assessed value or more than 5% of its territory through petitions filed under this Section. If a petition seeks to detach territory that would result in a cumulative total of more than 5% of a district's equalized assessed value or more than 5% of the district's territory being detached under this Section, the petition shall be denied without prejudice to its being filed pursuant to Section 7-6 of this Code. Notwithstanding any other provision of this Section, this paragraph shall apply to any detachments effected pursuant to the provisions of this Section as they existed prior to the effective date of this amendatory Act of the 91st General Assembly.

(b) At any time prior to the granting of the petition calling for the detachment and annexation of non-coterminous territory under this Section, the Committee of Ten designated in the petition may amend the petition to withdraw the detachment and annexation proposal and substitute in its place a proposal to require the school district from which the territory would have been detached to pay the per capita tuition costs for each pupil residing in the non-coterminous territory to attend the school district to which the territory would have been annexed. If such amended petition is granted, the school district from which the territory would have been detached shall pay to the school district to which the territory would have been annexed the per capita tuition costs as determined under Section 10-20.12a for each pupil residing in the territory who chooses to attend the school district to which the territory would have been annexed. Notwithstanding the provisions of Section 10-22.5, the school district to which the territory would have been annexed shall admit any pupil that resides in the non-coterminous territory and provide such pupils with any services of the school. The payment and collection of tuition and any other such matters as may need to be resolved shall be established by an intergovernmental agreement developed between the two affected school districts. Section 7-6 of this Code shall apply to petitions filed under this Section except as otherwise provided in this Section.

The changes made by this amendatory Act of the 91st General Assembly shall not apply to petitions pending on the effective date of this amendatory Act of the 91st General Assembly.

(Source: P.A. 91-46, eff. 6-30-99.)

(105 ILCS 5/7-2c)

Sec. 7-2c. Change of school district boundaries following annexation of vacant and unincorporated territory to a contiguous municipality.

Notwithstanding any other provision of this Code, any contiguous portion of an elementary school district may be detached from that district and annexed to an adjoining elementary school district, and any contiguous portion of a high school district may be detached from that district and annexed to an adjoining high school district, upon a petition or petitions filed under this Section, when all of the following conditions are met with respect to each petition so filed:

(1) The portion of the district to be so detached and annexed to an adjoining elementary or high school district consists of not more than 160 acres of vacant land that is located in an unincorporated area of a county of 2,000,000 or more inhabitants and, on the effective date of this amendatory Act of 1997, is contiguous to one municipality that is (i) wholly outside the elementary or high school district from which the vacant land is to be detached and (ii) located entirely within the territorial boundaries of the adjoining elementary or high school district to which the vacant land is to be annexed.

(2) The equalized assessed valuation of the taxable property located in the portion of the district that is to be so detached and annexed to the adjoining elementary or high school district constitutes less than 1% of the equalized assessed valuation of the taxable property of the district from which it is to be detached.

(3) The portion of the district to be so detached and annexed to the adjoining elementary or high school district is annexed to the contiguous municipality pursuant to a petition for annexation filed and pending with the annexing municipality upon the effective date of this amendatory Act.

A petition filed under this Section shall be filed with the State Superintendent of Education and shall be signed by all of the owners of record of the vacant land that comprises the portion of the district that is to be detached and annexed to the adjoining elementary or high school district under the provisions of this Section. The State Superintendent shall: (i) hold a hearing on the petition within 90 days after the date of filing; (ii) render a decision granting or denying the petition within 30 days after the hearing; and (iii) promptly serve a copy of the decision by certified mail, return receipt requested, upon the petitioners and upon the school boards of the school districts from which the territory described in the petition is sought to be detached and to which that territory is sought to be annexed.

The State Superintendent of Education has no authority or discretion to hear any evidence or consider any issues at the hearing except those that may be necessary to determine whether the limitations and conditions of this Section have been met.

The State Superintendent of Education: (i) shall give written notice of the time and place of the hearing, not less than 30 days prior to the date of the hearing, to the school board of the school district from which the territory described in the petition is to be detached and to the school board of the school district to which that territory is to be annexed; and (ii) shall publish notice of the hearing in a newspaper that is published in the county in which the territory described in the petition is located and that has circulation within the school districts whose school boards are entitled to written notice of the hearing.

In the event that the granting of a petition filed under this Section has become final, either through failure to seek administrative review or by the final decision of a court on review, the change in boundaries shall become effective forthwith and for all purposes, except that if the granting of the petition becomes final between September 1 and June 30 of any year, the administration of and attendance at the schools shall not be affected until the following July 1, when the change in boundaries shall become effective for all purposes. After the granting of a petition has become final, the date when the change shall become effective for purposes of administration and attendance may be accelerated or postponed by stipulation of the school boards of the school districts from which the territory described in the petition is detached and to which that territory is annexed.

The decision of the State Superintendent of Education shall be deemed an "administrative decision" as defined in Section 3-101 of the Administrative Review Law, and any petitioner or the school board of a school district affected by the detachment and annexation of the territory described in the petition may within 35 days after a copy of the decision sought to be reviewed was served by certified mail upon the party affected thereby, or upon the attorney of record for such party, apply for a review of such decision in accordance with the Administrative Review Law, and all amendments and modifications thereof and the rules adopted pursuant thereto.

The commencement of any action for review shall operate as a supersedeas, and no further proceedings shall be had until final disposition of such review. The circuit court of the county in which the petition is filed with the State Superintendent of Education shall have sole jurisdiction to entertain a complaint for such review.

This Section: (i) is not limited by and operates independently of all other provisions of this Article, and (ii) constitutes complete authority for the granting or denial by the State Superintendent of Education of a petition filed under this Section when the conditions prescribed by this Section for the filing of that petition are met.

(Source: P.A. 90-459, eff. 8-17-97.)

(105 ILCS 5/7-2.3) (from Ch. 122, par. 7-2.3)

Sec. 7-2.3. Annexation to special charter district.

(a) Notwithstanding any provision to the contrary contained in any special act or special charter of any school district, annexation of territory to any city or village under the Illinois Municipal Code after the effective date of this amendatory Act of 1967 does not constitute annexation of the territory to the special charter school district nor detachment from any school district adjacent to the special charter district. Except as otherwise provided in subsection (b) of this Section, the boundaries of a special charter district may be changed as provided in Sections 7-2.4 through 7-2.7.

(b) If all or any part of a special charter school district is located in a special charter city, then upon the filing with the governing body of the special charter school district of a petition to detach the territory described in the petition from the school district of which that territory forms a part and to annex that territory to the special charter school district, the territory described in the petition shall be deemed to be so detached and annexed to the special charter school district by operation of law, if all of the following conditions are met: (i) the petition is signed by at least 51% of the owners of record and 51% of the electors, if any, residing in the territory described in the petition; and (ii) the territory described in the petition is located in the special charter city, is contiguous to the special charter school district, and does not include any commercially zoned properties that are contiguous to each other and together constitute in excess of 100 acres of land and are not separated by a State highway and that are used solely for office/research and hotel purposes. A certified copy of the petition and the resolution or order of the governing body of the special charter school district evidencing the annexation of the territory described in the petition to the special charter school district by operation of law shall be mailed by that governing body to each school district affected and to the regional board or boards of school trustees for the educational service region or regions in which the affected school districts are located. A person who is a resident of any territory described in the petition at the time of its detachment from one school district and its annexation to a special charter school district under this subsection, and whose child or children are then attending school in the district from which that territory is being detached, may elect to have that child or those children and their siblings attend the schools of the district from which the territory is being detached. However, in that event the special charter school district shall pay tuition in the amount provided by law to the school district from which the territory is detached for each of those children and siblings who attend the schools of that district.

(Source: P.A. 89-494, eff. 6-21-96.)

(105 ILCS 5/7-2.4) (from Ch. 122, par. 7-2.4)

Sec. 7-2.4. A petition for detachment of territory from a special charter district with annexation to another school district, for detachment of territory from a school district with annexation to a special charter district, or for dissolution of a school district with annexation to a special charter district must be filed with the governing body of the special charter district, and a certified copy thereof must be sent to each other detaching, dissolving, or annexing school district and to the regional board of school trustees of the region in which the regional superintendent has supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving district. A petition for such annexation or detachment of territory must be filed by the school board of the detaching or dissolving district, by a majority of the legal resident voters in the dissolving district, or by two-thirds of a combination of the legal resident voters and the owners of record of any real estate with no legal resident voters in any territory proposed to be detached. If any of the territory proposed to be detached contains real estate with no legal resident voters, petitioners shall deliver the petition by certified mail, return receipt requested, to all owners of record of any real estate with no legal resident voters. Proof of the delivery must be presented as evidence at any hearing required by Section 7-2.6 of this Code. Any owner of record of real estate with no legal resident voters in any territory proposed to be detached may either sign the petition in person and before the circulator as described in Section 7-1 of this Code or return the petition with his or her notarized signature to be included as a petitioner. No person may sign a petition in the capacity of both a legal resident voter and owner of record. If there are no legal resident voters within the territory proposed to be detached, then the petition must be signed by all of the owners of record of the real estate of the territory. Petitions must contain all of the elements set forth in subsection (a) of Section 7-1 of this Code.

Where there is only one school building in an approved operating school district, the building and building site may not be included in any detachment proceeding.

(Source: P.A. 100-374, eff. 8-25-17.)

(105 ILCS 5/7-2.5) (from Ch. 122, par. 7-2.5)

Sec. 7-2.5. If no objection to the dissolution or detachment of territory prayed for in a petition under Section 7-2.4 of this Code is filed with the special charter school district or with the regional board of school trustees within 30 days after the filing of such petition, the dissolution or detachment of territory takes effect, subject to Section 7-9 of this Code. However, if an objection to the proposed dissolution or detachment of territory is filed with either the special charter district or the regional board of school trustees, the regional board of school trustees, within 15 days after receiving the objection, shall appoint 2 legal resident voters from the district or districts under its jurisdiction and involved in the proposed dissolution or detachment of territory, subject to the approval of the boards of education of the districts involved in the proposed dissolution or detachment of territory, and the board or governing body of the special charter district shall appoint 2 legal resident voters from the special charter district. Those 4 appointees shall meet within 20 days of their appointment and by a majority vote select 3 persons who reside outside the jurisdiction of the districts involved in the proposed dissolution or detachment of territory and who have a demonstrated interest and background in education. If a majority of the original 4 appointees cannot agree on the selection of the 3 additional members within 20 days of their appointment, the State Board of Education shall select the 3 additional persons, subject to the same criteria as required when selection is by the 4 appointees. The 4 appointees and the 3 additional persons selected under this Section constitute the Hearing Board and 4 members shall constitute a quorum.

Within 10 days after the Hearing Board has been selected the regional superintendent of schools of the region in which the special charter district is located shall call an organization meeting of said Hearing Board.

(Source: P.A. 100-374, eff. 8-25-17.)

(105 ILCS 5/7-2.6) (from Ch. 122, par. 7-2.6)

Sec. 7-2.6. At its organization meeting, the Hearing Board shall choose from its membership a chairman and a secretary. The secretary shall cause a copy of such petition to be sent to the president of the school board of each detaching or dissolving and annexing school district and shall cause a notice thereof to be published once in a newspaper having general circulation within the area of the detaching or dissolving and annexing territory described in the petition. The petitioners shall pay the expenses of publishing the notice and any transcript taken at the hearing and mailing the final order. In case of an appeal from the decision of the Hearing Board, the appellants shall pay the cost of preparing the record for appeal. The notice must state when the petition was filed, the description of the detaching territory or name of the dissolving district, the name of the annexing district, the prayer of the petition, and the day and time on and location in which the hearing upon the petition will be held, which may not be more than 30 nor less than 15 calendar days after the publication of notice. Any additional expense not enumerated above shall be borne equally by the school districts involved.

The Hearing Board shall hear the petition and determine the sufficiency thereof and may adjourn the hearing from time to time or continue the matter for want of sufficient notice or for other good cause. The Hearing Board (a) shall hear evidence as to the school needs and conditions of the territory in the area within and adjacent thereto, and as to the ability of the districts affected to meet the standards of recognition as prescribed by the State Board of Education, (b) shall take into consideration the division of funds and assets which will result from any change of boundaries, and the will of the people of the area affected, and (c) shall determine whether it is to the best interests of the schools of the area and the educational welfare of the pupils should such change in boundaries be granted.

The Hearing Board may administer oaths, determine the admissibility of evidence, and issue subpoenas for the attendance of witnesses and subpoena duces tecum for the production of documents. At the hearing, any resident in any detaching, dissolving, or annexing school district or any representative of a detaching, dissolving, or annexing school district may appear in person or by attorney in support of the petition or to object to the granting of the petition and may present evidence in support of his or her position through either oral or written testimony. At the conclusion of the hearing, the Hearing Board shall, within 30 days, enter an order either granting or denying the petition. The Hearing Board shall deliver a certified copy of the order by certified mail, return receipt requested, to the petitioners; the president of the school board of each detaching or dissolving and annexing district; any person providing testimony in support of or opposition to the petition at the hearing; any attorney who appears for any person; and the regional superintendent of schools who has supervision and control, as defined in Section 3-14.2 of this Code, of each detaching or dissolving and annexing district. The Hearing Board is not required to send a copy of the Hearing Board's order to those attending the hearing but not participating. The final order shall be in writing and include findings of fact, conclusions of law, and the decision to grant or deny the petition.

Within 10 days after service of the certified copy of the order granting or denying the petition, any person so served may petition for rehearing. The petition for rehearing shall specify the reason for the request. The Hearing Board shall first determine whether there is sufficient cause for a rehearing. If so determined, then the Hearing Board shall allow the petition to be heard anew in its entirety in accordance with all procedures in this Section. The party requesting a rehearing shall pay the expenses of publishing the notice and of any transcript taken at the hearing. The filing of a petition for rehearing operates as a stay of enforcement until the Hearing Board enters its final order on that petition for rehearing.

(Source: P.A. 100-374, eff. 8-25-17.)

(105 ILCS 5/7-2.7) (from Ch. 122, par. 7-2.7)

Sec. 7-2.7. The decision of the Hearing Board under Section 7-2.6 is an "administrative decision" as defined in Section 3-101 of the Code of Civil Procedure, and any resident, petitioner, or board of education entitled to receive a certified copy of the Hearing Board's order may, within 35 days after a copy of the decision sought to be reviewed was served by certified mail, return receipt requested, upon the resident, petitioner, or board of education, thereby file a complaint for a judicial review of that decision in accordance with the Administrative Review Law and the rules adopted pursuant thereto. The commencement of any action for judicial review operates as a stay of enforcement, and further proceedings must not be had until final disposition of such review. Any change in boundaries resulting from the proceedings under Sections 7-2.4 through 7-2.7 takes effect on the date determined pursuant to Section 7-9 of this Code.

(Source: P.A. 100-374, eff. 8-25-17.)

(105 ILCS 5/7-3) (from Ch. 122, par. 7-3)

Sec. 7-3. Limitation on change of boundaries when bond election pending.

No petition affecting the boundaries of any school district may be filed under this Article after the district has published the required legal notice calling an election to authorize the issuance of bonds to be held on a date not later than 21 days after such publication until the first of the following events shall have occurred (1) the voters did not authorize the issuance of the bonds at the election, (2) the bonds have been issued, (3) the school board of the district has adopted a resolution abandoning its plan to issue such bonds, or (4) seventy-five days have elapsed since such election, provided that if proceedings are pending hereunder affecting the boundaries of such district at the time the notice of such election is published or if the district is a party to litigation affecting the legality of its existence or its boundaries at such time, the said seventy-five days shall not begin to run until the final determination of such proceedings or litigation and the expiration of the time for review, appeal or rehearing, and provided that the provisions of this section shall be applicable only to the first such election called to be held in any one calendar year.

(Source: Laws 1961, p. 31.)

(105 ILCS 5/7-4) (from Ch. 122, par. 7-4)

Sec. 7-4. Requirements for granting petitions. No petition shall be granted under Section 7-1 of this Code:

(a) If there will be any non-high school territory resulting from the granting of the petition.

(b) (Blank).

(c) Unless the territory within any district whose boundaries are affected by the granting of a petition shall after the granting thereof be compact and contiguous, except as provided in Section 7-6 of this Code or as otherwise provided in this subdivision (c). The fact that a district is divided by territory lying within the corporate limits of the city of Chicago shall not render it non-compact or non-contiguous. If, pursuant to a petition filed under Section 7-1 of this Code, all of the territory of a district is to be annexed to another district, then the annexing district and the annexed district need not be contiguous if the following requirements are met and documented within 2 calendar years prior to the petition filing date:

(1) the distance between each district administrative office is documented as no more than 30 miles;

(2) every district contiguous to the district wishing to be annexed determines that it is not interested in participating in a petition filed under Section 7-1 of this Code, through a vote of its school board, and documents that non-interest in a letter to the regional board of school trustees containing approved minutes that record the school board vote; and

(3) documentation of meeting these requirements are presented as evidence at the hearing required under Section 7-6 of this Code.

(d) (Blank).

(Source: P.A. 100-374, eff. 8-25-17.)

(105 ILCS 5/7-4.1) (from Ch. 122, par. 7-4.1)

Sec. 7-4.1. Copies of petition. Each petition submitted under the provisions of Section 7-1 of this Code shall include proof of notice to owners of record of real estate with no legal resident voters in any territory proposed to be detached, if applicable, and be accompanied by sufficient copies thereof for distribution to the president of the school board of each detaching or dissolving and annexing school district. The copies need not contain original signatures by the petitioners as is required of the original petition.

(Source: P.A. 100-374, eff. 8-25-17.)

(105 ILCS 5/7-5) (from Ch. 122, par. 7-5)

Sec. 7-5. Detachment set aside upon petition. If there is a recognized school district which as a result of detachment is without a school building, the detachment may be set aside by the regional board of school trustees of the region in which the regional superintendent of schools had supervision and control, as defined in Section 3-14.2 of this Code, prior to the detachment upon petition by two-thirds of the eligible voters in the school district after such detachment and the detached area. The regional board of school trustees shall conduct a hearing upon the petition as prescribed and in the manner provided in Section 7-6 of this Code.

(Source: P.A. 100-374, eff. 8-25-17.)

(105 ILCS 5/7-6) (from Ch. 122, par. 7-6)

Sec. 7-6. Petition filing; notice; hearing; decision.

(a) The secretary of the regional board of school trustees or his or her designee, the chief administrative officer of an educational service center under Section 7-04 of this Code or his or her designee, or the person designated by the trustees of schools of the township in accordance with subsection (a-10) of Section 7-04 of this Code, as appropriate, shall receive the filing of the petition, make the determination of validity in accordance with subsection (a) of Section 7-1 of this Section, publish the notice, conduct the hearing, and issue the final order. Upon the filing of a petition with the secretary of the regional board of school trustees under the provisions of Section 7-1 of this Code, the secretary shall cause a copy of such petition to be given to the president of the school board of each detaching or dissolving and annexing school district and shall cause a notice thereof to be published once in a newspaper having general circulation within the area of the detaching or dissolving and annexing territory described in the petition.

(b) (Blank).

(b-5) If a petition filed under Section 7-1 of this Code proposes to annex all the territory of a school district to another school district, the petition shall request the submission of a proposition at a regular scheduled election for the purpose of voting for or against the annexation of the territory described in the petition to the school district proposing to annex that territory. No petition filed or election held under this Article shall be null and void, invalidated, or deemed in noncompliance with the Election Code because of a failure to publish a notice with respect to the petition or referendum as required under subsection (g) of Section 28-2 of that Code for petitions that are not filed under this Article or Article 11E of this Code.

(c) When a petition contains more than 10 signatures the petition shall designate a committee of 10 of the petitioners as attorney in fact for all petitioners, any 7 of whom may make binding stipulations on behalf of all petitioners as to any question with respect to the petition or hearing, and the regional board of school trustees may accept such stipulation in lieu of evidence or proof of the matter stipulated. The committee of petitioners shall have the same power to stipulate to accountings or waiver thereof between school districts; however, the regional board of school trustees may refuse to accept such stipulation. Those designated as the committee of 10 shall serve in that capacity until such time as the regional superintendent of schools or the committee of 10 determines that, because of death, resignation, transfer of residency from the territory, or failure to qualify, the office of a particular member of the committee of 10 is vacant. Upon determination that a vacancy exists, the remaining members shall appoint a petitioner to fill the designated vacancy on the committee of 10. The appointment of any new members by the committee of 10 shall be made by a simple majority vote of the remaining designated members.

(d) The petition may be amended to withdraw not to exceed a total of 10% of the territory in the petition at any time prior to the hearing; provided that the petition shall after amendment comply with the requirements as to the number of signatures required on an original petition.

(e) The petitioners shall pay the expenses of publishing the notice and any transcript taken at the hearing and mailing the final order; and, in case of an appeal from the decision of the regional board of school trustees or State Superintendent of Education in cases determined under subsection (l) of this Section, the appellants shall pay the cost of preparing the record for appeal. The regional superintendent of schools with whom the petition is filed may request a deposit at the time of filing to cover expenses as provided in this subsection (e).

(f) The notice shall state when the petition was filed, the description of the detaching territory or name of the dissolving district, the name of the annexing district, the prayer of the petition, and the day and time on and location in which the hearing upon the petition will be held, which shall not be more than 30 nor less than 15 calendar days after the publication of notice.

(g) Prior to the hearing, the secretary of the regional board of school trustees shall submit to the regional board of school trustees maps showing the districts involved and a written report of the financial and educational conditions of the districts involved and the probable effect of the proposed changes. The reports and maps submitted must be made a part of the record of the proceedings of the regional board of school trustees. A copy of the report and maps submitted must be sent by the secretary of the regional board of school trustees to the president of the school board of each detaching or dissolving and annexing school district not less than 5 days prior to the day upon which the hearing is to be held.

(h) On the hearing day or on a day to which the regional board of school trustees shall continue the hearing, the regional board of school trustees shall hear the petition but may adjourn the hearing from time to time or may continue the matter for want of sufficient notice or other good cause.

(h-5) Except for motions and briefs challenging the validity of a petition or otherwise challenging the jurisdiction of the regional board of school trustees to conduct a hearing on a petition and except for motions and briefs related to the type of evidence the regional board of school trustees may consider under subsection (i) of this Section, no other motions, pleadings, briefs, discovery requests, or other like documents may be filed with the regional board of school trustees or served on other parties, and the regional board of school trustees shall have no authority to consider such documents, except that if a legal issue arises during a hearing, then the regional board of school trustees may, at its discretion, request briefs to be submitted to it on that issue.

(i) The regional board of school trustees shall hear evidence as to the school needs and conditions of the territory in the area within and adjacent thereto and the effect detachment will have on those needs and conditions and as to the ability of the detaching or dissolving and annexing school districts to meet the standards of recognition as prescribed by the State Board of Education, shall take into consideration the division of funds and assets that will result from the change of boundaries, and shall determine whether it is in the best interests of the schools of the area and the direct educational welfare of the pupils that such change in boundaries be granted. If non-high school territory is contained in the petition, the normal high school attendance pattern of the pupils must be taken into consideration. However, upon resolution by the regional board of school trustees, the secretary thereof shall conduct the hearing upon any boundary petition and present a transcript of such hearing to the trustees, who shall base their decision upon the transcript, maps, and information and any presentation of counsel. In the instance of a change of boundaries through detachment:

(1) When considering the effect the detachment will have on the direct educational welfare of the pupils, the regional board of school trustees shall consider a comparison of the school report cards for the schools of the detaching and annexing districts and the school district report cards for the detaching and annexing districts only if there is no more than a 3% difference in the minority, low-income, and English learner student populations of the relevant schools of the districts.

(2) The community of interest of the petitioners and their children and the effect detachment will have on the whole child may be considered only if the regional board of school trustees first determines that there would be a significant direct educational benefit to the petitioners' children if the change in boundaries were allowed.

(3) When petitioners cite an annexing district attendance center or centers in the petition or during testimony, the regional board of school trustees may consider the difference in the distances from the detaching area to the current attendance centers and the cited annexing district attendance centers only if the difference is no less than 10 miles shorter to one of the cited annexing district attendance centers than it is to the corresponding current attendance center.

(4) The regional board of school trustees may not grant a petition if doing so will increase the percentage of minority or low-income students or English learners by more than 3% at the attendance center where students in the detaching territory currently attend, provided that if the percentage of any one of those groups also decreases at that attendance center, the regional board may grant the petition upon consideration of other factors under this Section and this Article.

(5) The regional board of school trustees may not consider whether changing the boundaries will increase the property values of the petitioners' property.

The factors in subdivisions (1) through (5) of this subsection (i) are applicable whether or not there are children residing in the petitioning area at the time the hearing is conducted.

If the regional board of school trustees grants a petition to change school district boundaries, then the annexing school district shall determine the attendance center or centers that children from the petitioning area shall attend.

(j) At the hearing, any resident in any detaching, dissolving, or annexing school district or any representative of a detaching, dissolving, or annexing school district may appear in person or by an attorney in support of the petition or to object to the granting of the petition and may present evidence in support of his or her position through either oral or written testimony.

(k) At the conclusion of the hearing, the regional superintendent of schools as secretary to the regional board of school trustees shall, within 30 days, enter an order either granting or denying the petition. The regional superintendent of schools shall deliver a certified copy of the order by certified mail, return receipt requested, to the petitioners or committee of petitioners, as applicable; the president of the school board of each detaching or dissolving and annexing district; any person providing testimony in support of or opposition to the petition at the hearing; and any attorney who appears for a person. The regional superintendent of schools shall also deliver a copy of the order to the regional superintendent of schools who has supervision and control, as defined in Section 3-14.2 of this Code, of the annexing district if different from the regional superintendent of schools with whom the petition was filed. The regional superintendent of schools is not required to send a copy of the regional board of school trustees' order to those attending the hearing but not participating. The final order shall be in writing and include findings of fact, conclusions of law, and the decision to grant or deny the petition.

(l) Notwithstanding the foregoing provisions of this Section, if within 12 months after a petition is submitted under the provisions of Section 7-1 of this Code the petition is not approved or denied by the regional board of school trustees and the order approving or denying that petition entered and a copy thereof served as provided in this Section, petitioners may submit a copy of the petition directly to the State Superintendent of Education for approval or denial. The copy of the petition as so submitted shall be accompanied by a record of all proceedings had with respect to the petition up to the time the copy of the petition is submitted to the State Superintendent of Education (including a copy of any notice given or published, any certificate or other proof of publication, copies of any maps or written report of the financial and educational conditions of the school districts affected if furnished by the secretary of the regional board of school trustees, copies of any amendments to the petition and stipulations made, accepted or refused, a transcript of any hearing or part of a hearing held, continued or adjourned on the petition, and any orders entered with respect to the petition or any hearing held thereon). The petitioners submitting the petition and record of proceedings to the State Superintendent of Education shall give written notice by certified mail, return receipt requested, to the regional board of school trustees and to the secretary of that board and to the detaching or dissolving and annexing school districts that the petition has been submitted to the State Superintendent of Education for approval or denial and shall furnish a copy of the notice so given to the State Superintendent of Education. The cost of assembling the record of proceedings for submission to the State Superintendent of Education shall be the responsibility of the petitioners that submit the petition and record of proceedings to the State Superintendent of Education. When a petition is submitted to the State Superintendent of Education in accordance with the provisions of this paragraph:

(1) The regional board of school trustees loses all jurisdiction over the petition and shall have no further authority to hear, approve, deny or otherwise act with respect to the petition.

(2) All jurisdiction over the petition and the right and duty to hear, approve, deny or otherwise act with respect to the petition is transferred to and shall be assumed and exercised by the State Superintendent of Education.

(3) The State Superintendent of Education shall not be required to repeat any proceedings that were conducted in accordance with the provisions of this Section prior to the time jurisdiction over the petition is transferred to him, but the State Superintendent of Education shall be required to give and publish any notices and hold or complete any hearings that were not given, held or completed by the regional board of school trustees or its secretary as required by this Section prior to the time jurisdiction over the petition is transferred to the State Superintendent of Education.

(4) If so directed by the State Superintendent of Education, the regional superintendent of schools shall submit to the State Superintendent of Education and to such school boards as the State Superintendent of Education shall prescribe accurate maps and a written report of the financial and educational conditions of the districts affected and the probable effect of the proposed boundary changes.

(5) The State Superintendent is authorized to conduct further hearings, or appoint a hearing officer to conduct further hearings, on the petition even though a hearing thereon was held as provided in this Section prior to the time jurisdiction over the petition is transferred to the State Superintendent of Education.

(6) The State Superintendent of Education or the hearing officer shall hear evidence and approve or deny the petition and shall enter an order to that effect and deliver and serve the same as required in other cases to be done by the regional board of school trustees and the regional superintendent of schools as secretary of that board.

(m) (Blank).

(n) Within 10 days after service of a copy of the order granting or denying the petition, any person so served may petition for a rehearing. The petition for rehearing shall specify the reason for the request. The regional board of school trustees shall first determine whether there is sufficient cause for a rehearing. If so determined, then the regional board of school trustees shall allow the petition to be heard anew in its entirety in accordance with all procedures in this Article. The party requesting a rehearing shall pay the expenses of publishing the notice and of any transcript taken at the hearing. The filing of a petition for rehearing shall operate as a stay of enforcement until the regional board of school trustees or State Superintendent of Education in cases determined under subsection (l) of this Section enters the final order on such petition for rehearing.

(o) If a petition is required under the provisions of subsection (b-5) of this Section to request submission of a proposition at a regular scheduled election for the purpose of voting for or against the annexation of the territory described in the petition to the school district proposing to annex that territory, and if the petition is granted or approved by the regional board of school trustees or by the State Superintendent of Education, the proposition shall be placed on the ballot at the next regular scheduled election.

(Source: P.A. 99-475, eff. 1-1-16; 100-374, eff. 8-25-17.)

(105 ILCS 5/7-7) (from Ch. 122, par. 7-7)

Sec. 7-7. Administrative Review Law. The decision of the regional board of school trustees or the decision of the State Superintendent of Education in cases determined pursuant to subsection (l) of Section 7-6 of this Code shall be deemed an "administrative decision" as defined in Section 3-101 of the Code of Civil Procedure; and any resident, petitioner, or board of education entitled to receive a certified copy of the regional board of school trustees' order may, within 35 days after a copy of the decision sought to be reviewed was served by certified mail, return receipt requested, upon the resident, petitioner, or board of education, thereby file a complaint for a judicial review of such decision in accordance with the Administrative Review Law and the rules adopted pursuant thereto. The commencement of any action for judicial review shall operate as a stay of enforcement, and no further proceedings shall be had until final disposition of such review. The circuit court of the county in which the dissolving district or detaching territory is located shall have sole jurisdiction to entertain a complaint for such review. In instances in which the dissolving district or detaching territory overlies more than one county, the circuit court of the county where a majority of the territory of the dissolving district or a majority of the territory of the detaching territory is located shall have sole jurisdiction to entertain a complaint for such review.

(Source: P.A. 100-374, eff. 8-25-17.)

(105 ILCS 5/7-7.5)

Sec. 7-7.5. Holding of elections.

(a) Elections provided by this Article shall be conducted in accordance with the general election law.

(b) The notice shall be in substantially the following form: NOTICE OF REFERENDUM FOR ANNEXATION BY ..... (Name of Annexing District) OF ALL TERRITORY OF ..... (Name Of District Or Districts All Of Whose Territory Is To Be Annexed) NOTICE is hereby given that on (insert date), a referendum will be held in part(s) of ...... County (Counties) for the purpose of voting for or against the proposition to annex all of the territory comprising ..... (name of each such school district) of ....... County, Illinois to ..... (name of annexing school district) of ...... County, Illinois.

The territory which now comprises all of the territory of ..... (name of the school district or districts) of ...... County, Illinois, which territory is the same as the territory which is proposed to be annexed to ..... (name of annexing school district) of ....... County, Illinois, is described as follows: (Here describe such territory.)

The territory which now comprises ..... (name of annexing school district) of ....... County, Illinois, which district it is proposed shall annex the territory above described in this Notice, is described as follows: (Here describe such territory.)

The election is called and will be held pursuant to an order of the regional board of school trustees (or, State Superintendent of Education) dated on (insert date), which order states that the change of boundaries pursuant to the annexation granted or approved by the order shall be made if a majority of those voters in each of the affected school districts who vote on the proposition at the election vote in favor thereof.

Dated (insert date).

Regional Board of School Trustees (or State

Superintendent of Education)

By....................................

(Source: P.A. 90-459, eff. 8-17-97; 91-357, eff. 7-29-99.)

(105 ILCS 5/7-7.6)

Sec. 7-7.6. Ballots. The ballot shall be in substantially the following form: OFFICIAL BALLOT --------------------------------------------------------------

Shall the following described territory

comprising all of the territory

of ..... (name of school district or YES

districts) of ...... County, Illinois

be annexed to and made a part of ..... ---------------------

(name of annexing school district)

of ....... County, Illinois? NO

(Here describe such territory.)

--------------------------------------------------------------

(Source: P.A. 90-459, eff. 8-17-97.)

(105 ILCS 5/7-7.7)

Sec. 7-7.7. Passage requirements. The proposition for the annexation of all of the territory of one or more school districts to another school district shall be submitted to the voters of the annexing district and the voters of each district all of the territory of which is to be annexed to the annexing district, and if a majority of the voters in each such district who vote on the proposition vote in favor of the proposition, the proposition shall be deemed to have passed.

(Source: P.A. 90-459, eff. 8-17-97.)

(105 ILCS 5/7-8) (from Ch. 122, par. 7-8)

Sec. 7-8. Limitation on successive petitions. No territory, nor any part thereof, which is involved in any proceeding to change the boundaries of a school district by detachment or dissolution from such school district of such territory, and which, after a hearing on the merits of the petition or referendum vote, is not so detached or dissolved, shall be again involved in proceedings to change the boundaries of such school district for at least 2 years after final determination of such first proceeding, unless during that 2-year period a petition filed is substantially different than any other previously filed petition during the previous 2 years or if a school district involved is identified as a priority district under Section 2-3.25d-5 of this Code, is placed on the financial watch list by the State Board of Education, or is certified as being in financial difficulty during that 2-year period or if such first proceeding involved a petition brought under Section 7-2b of this Article 7. The 2-year period is counted beginning from the date of a final administrative decision after all appeal timelines have run, upon final court order after all appeal timelines have run, or upon the certification of the election results in the event of a dissolution. The 2-year period is 2 calendar years.

(Source: P.A. 99-193, eff. 7-30-15; 100-374, eff. 8-25-17.)

(105 ILCS 5/7-9) (from Ch. 122, par. 7-9)

Sec. 7-9. Effective date of change. In the event that the granting of a petition has become final, through failure to seek administrative review, by the final decision of a court on review if no further appeal is taken, or upon certification of election results in the event of a dissolution, the change in boundaries shall become effective the following July 1. The school boards of the districts as they existed prior to the change shall exercise the same power and authority over such territory until such date, unless accelerated or postponed by stipulation of the school boards of each detaching or dissolving and annexing school district and approval by the regional board of school trustees with which the original petition is required to be filed.

(Source: P.A. 100-374, eff. 8-25-17.)

(105 ILCS 5/7-10) (from Ch. 122, par. 7-10)

Sec. 7-10. Map showing change; filed. Within 30 days after the boundaries of any school district have been changed, the regional superintendent of schools shall make and file with the county clerk or clerks a map of any detaching, dissolving, or annexing school districts, whereupon the county clerks shall extend taxes against the territory in accordance therewith; provided that if an action to review such decision under Section 7-7 of this Code is taken, the regional superintendent of schools shall not file the map with the county clerk until after he or she is served with a certified copy of the order of the final disposition of such review.

(Source: P.A. 100-374, eff. 8-25-17.)

(105 ILCS 5/7-10.5)

Sec. 7-10.5. Teacher transfer. When dissolution and annexation become effective for purposes of administration and attendance as determined pursuant to Section 7-9 or 7-11 of this Code, as applicable, the positions of teachers in contractual continued service in the district being dissolved are transferred to an annexing district or to annexing districts pursuant to the provisions of subsection (h) of Section 24-11 of this Code relative to teachers having contractual continued service status whose positions are transferred from one school board to the control of a different school board, and those said provisions of subsection (h) of Section 24-11 of this Code shall apply to the transferred teachers. In the event that the territory is added to 2 or more districts, the decision on which positions are to be transferred to which annexing districts must be made giving consideration to the proportionate percentage of pupils transferred and the annexing districts' staffing needs, and the transfer of specific individuals into such positions must be based upon the request of those teachers in order of seniority in the dissolving district. The contractual continued service status of any teacher thereby transferred to an annexing district is not lost and the different school board is subject to this Code with respect to the transferred teacher in the same manner as if the teacher was that district's employee and had been its employee during the time the teacher was actually employed by the school board of the dissolving district from which the position was transferred.

(Source: P.A. 100-374, eff. 8-25-17.)

(105 ILCS 5/7-11) (from Ch. 122, par. 7-11)

Sec. 7-11. Annexation of dissolved non-operating districts. If any school district has become dissolved as provided in Section 5-32 of this Code, or if a petition for dissolution is filed under Section 7-2a of this Code, the regional board of school trustees shall attach the territory of such dissolved district to one or more districts and, if the territory is added to 2 or more districts, shall divide the property of the dissolved district among the districts to which its territory is added, in the manner provided for the division of property in case of the organization of a new district from a part of another district. The regional board of school trustees of the region in which the regional superintendent has supervision and control, as defined in Section 3-14.2 of this Code, over the school district that is dissolved shall have all power necessary to annex the territory of the dissolved district as provided in this Section, including the power to attach the territory to a school district under the supervision and control of the regional superintendent of another educational service region and, in the case of Leepertown CCSD 175, the power to attach the territory to a non-contiguous school district if deemed in the best interests of the schools of the area and the educational welfare of the pupils involved. The annexation of the territory of a dissolved school district under this Section shall entitle the school districts involved in the annexation to payments from the State Board of Education in the same manner and to the same extent authorized in the case of other annexations under this Article. Other provisions of this Article 7 of this Code shall apply to and govern dissolutions and annexations under this Section and Section 7-2a of this Code, except that it is the intent of the General Assembly that in the case of conflict the provisions of this Section and Section 7-2a of this Code shall control over the other provisions of this Article.

The regional board of school trustees shall give notice of a hearing, to be held not less than 50 days nor more than 70 days after a school district is dissolved under Section 5-32 of this Code or a petition is filed under Section 7-2a of this Code, on the disposition of the territory of such school district by publishing a notice thereof at least once each week for 2 successive weeks in at least one newspaper having a general circulation within the area of the territory involved. At such hearing, the regional board of school trustees shall hear evidence as to the school needs and conditions of the territory and of the area within and adjacent thereto, and shall take into consideration the educational welfare of the pupils of the territory and the normal high school attendance pattern of the children. In the case of an elementary school district, except for Leepertown CCSD 175, if all the eighth grade graduates of such district customarily attend high school in the same high school district, the regional board of school trustees shall, unless it be impossible because of the restrictions of a special charter district, annex the territory of the district to a contiguous elementary school district whose eighth grade graduates customarily attend that high school, and that has an elementary school building nearest to the center of the territory to be annexed, but if such eighth grade graduates customarily attend more than one high school the regional board of school trustees shall determine the attendance pattern of such graduates and divide the territory of the district among the contiguous elementary districts whose graduates attend the same respective high schools.

At the conclusion of the hearing, the regional superintendent of schools, as secretary to the regional board of school trustees, shall, within 10 days, enter an order detailing the annexation of the dissolved district. The regional superintendent of schools shall deliver a certified copy of the order by certified mail, return receipt requested, to the petitioners or committee of petitioners, as applicable; the president of the school board of each dissolving and annexing district; any person providing testimony in support of or opposition to the petition at the hearing; and any attorney who appears for any person. The regional superintendent of schools shall also deliver a copy of the order to the regional superintendent of schools who has supervision and control, as defined in Section 3-14.2 of this Code, of the annexing district, if different from the regional superintendent of schools with whom the petition was filed. The regional superintendent of schools is not required to send a copy of the regional board of school trustees' order to those attending the hearing but not participating. The final order shall be in writing and include findings of fact, conclusions of law, and the annexation decision. The decision of the regional board of school trustees shall be deemed an "administrative decision" as defined in Section 3-101 of the Code of Civil Procedure, and any resident, petitioner, or school board entitled to receive a certified copy of the regional board of school trustees' order may, within 10 days after a copy of the decision sought to be reviewed was served by certified mail, return receipt requested, upon the resident, petitioner, or school board, thereby file a complaint for the judicial review of such decision in accordance with the Administrative Review Law and the rules adopted pursuant thereto. The commencement of any action for review shall operate as a stay of enforcement, and no further proceedings shall be had until final disposition of such review. The final decision of the regional board of school trustees or of any court upon judicial review shall become effective under Section 7-9 of this Code in the case of a petition for dissolution filed under Section 7-2a of this Code, and a final decision shall become effective immediately following the date no further appeal is allowable in the case of a district dissolved under Section 5-32 of this Code.

Notwithstanding the foregoing provisions of this Section or any other provision of law to the contrary, the school board of the Mt. Morris School District is authorized to donate to the City of Mount Morris, Illinois the school building and other real property used as a school site by the Mt. Morris School District at the time of its dissolution, by appropriate resolution adopted by the school board of the district prior to the dissolution of the district; and upon the adoption of a resolution by the school board donating the school building and school site to the City of Mount Morris, Illinois as authorized by this Section, the regional board of school trustees or other school officials holding legal title to the school building and school site so donated shall immediately convey the same to the City of Mt. Morris, Illinois.

(Source: P.A. 100-374, eff. 8-25-17.)

(105 ILCS 5/7-12) (from Ch. 122, par. 7-12)

Sec. 7-12. Termination of office. Upon the close of the then current school year during which any school district is annexed to another school district under any of the provisions of this Article, the terms of office of the school directors or board of education members of the annexed school district shall be terminated and the school board of the annexing district shall perform all the duties and have all the powers of the school board of the annexed district. The annexing district as it is constituted on and after the time of such annexation shall receive all the assets and assume all the obligations and liabilities including the bonded indebtedness of the original annexing district and of the district annexed. The tax rate for such assumed bonded indebtedness shall be determined in the manner provided in Article 19 of this Code.

(Source: P.A. 100-374, eff. 8-25-17.)

(105 ILCS 5/7-13)

Sec. 7-13. (Repealed).

(Source: P.A. 81-1490. Repealed by P.A. 100-374, eff. 8-25-17.)

(105 ILCS 5/7-14) (from Ch. 122, par. 7-14)

Sec. 7-14. Bonded indebtedness-Tax rate.

(a) Beginning on January 1, 2015, whenever the boundaries of any school district are changed by the attachment or detachment of territory, the territory that is detached shall remain liable for its proportionate share of the bonded indebtedness of the school district from which the territory is detached. The annexing district shall not, except pursuant to the approval of a resolution by the school board of the annexing district prior to the effective date of the change of boundaries, assume or be responsible for any of the bonded indebtedness of the district from which the territory is detached. If the annexing district does not assume the detaching territory's proportionate share of the bonded indebtedness of the district from which the territory is detaching, a tax rate for that bonded indebtedness shall be determined in the manner provided in Section 19-7 of this Code, and the county clerk or clerks shall annually extend taxes for each bond outstanding on the effective date of the change of boundaries against all of the taxable property situated within the territory that is detached and within the detaching district. After the effective date of the change of boundaries, all of the property situated within the annexing school district, including the detaching territory, shall be liable for the bonded indebtedness of that district as it exists on the effective date of the change of boundaries and any date thereafter.

(b) Whenever a school district with bonded indebtedness has become dissolved under this Article and its territory annexed to another district, the annexing district or districts shall not, except by action pursuant to resolution of the school board of the annexing district prior to the effective date of the annexation, assume the bonded indebtedness of the dissolved district; nor, except by action pursuant to resolution of the school board of the dissolving district, shall the territory of the dissolved district assume the bonded indebtedness of the annexing district or districts. If the annexing district or districts do not assume the bonded indebtedness of the dissolved district, a tax rate for the bonded indebtedness shall be determined in the manner provided in Section 19-7, and the county clerk or clerks shall annually extend taxes for each outstanding bond issue against all the taxable property that was situated within the boundaries of the district as the boundaries existed at the time of the issuance of each bond issue regardless of whether the property is still contained in that same district at the time of the extension of the taxes by the county clerk or clerks.

(c) Notwithstanding the provisions of Section 19-18 of this Code, upon resolution of the school board, the county clerk must extend taxes to pay the principal of and interest on any bonds issued exclusively to refund any bonded indebtedness of the annexing school district against all of the taxable property that was situated within the boundaries of the annexing district as the boundaries existed at the time of the issuance of the bonded indebtedness being refunded and not against any of the taxable property in the dissolved school district, provided that (i) the net interest rate on the refunding bonds may not exceed the net interest rate on the refunded bonds, (ii) the final maturity date of the refunding bonds may not extend beyond the final maturity date of the refunded bonds, and (iii) the tax levy to pay the refunding bonds in any levy year may not exceed the tax levy that would have been required to pay the refunded bonds for that levy year. The provisions of this subsection (c) are applicable to school districts that were dissolved and their territory annexed to another school district pursuant to a referendum held in April of 2003. The provisions of this subsection (c), other than this sentence, are inoperative 2 years after the effective date of this amendatory Act of the 95th General Assembly.

(Source: P.A. 99-475, eff. 1-1-16.)

(105 ILCS 5/7-14A) (from Ch. 122, par. 7-14A)

Sec. 7-14A. Annexation compensation. There shall be no accounting made after a mere change in boundaries when no new district is created, except that those districts whose enrollment increases by 90% or more as a result of annexing territory detached from another district pursuant to this Article are eligible for supplementary State aid payments in accordance with Section 11E-135 of this Code. Eligible annexing districts shall apply to the State Board of Education for supplementary State aid payments by submitting enrollment figures for the year immediately preceding and the year immediately following the effective date of the boundary change for both the district gaining territory and the district losing territory. Copies of any intergovernmental agreements between the district gaining territory and the district losing territory detailing any transfer of fund balances and staff must also be submitted. In all instances of changes in boundaries, the district losing territory shall not count the average daily attendance of pupils living in the territory during the year preceding the effective date of the boundary change in its claim for reimbursement under Section 18-8.05 or 18-8.15 of this Code for the school year following the effective date of the change in boundaries and the district receiving the territory shall count the average daily attendance of pupils living in the territory during the year preceding the effective date of the boundary change in its claim for reimbursement under Section 18-8.05 or 18-8.15 of this Code for the school year following the effective date of the change in boundaries. The changes to this Section made by this amendatory Act of the 95th General Assembly are intended to be retroactive and applicable to any annexation taking effect on or after July 1, 2004.

(Source: P.A. 99-657, eff. 7-28-16; 100-465, eff. 8-31-17.)

(105 ILCS 5/7-27)

Sec. 7-27. (Repealed).

(Source: Laws 1967, p. 470. Repealed by P.A. 100-374, eff. 8-25-17.)

(105 ILCS 5/7-28)

Sec. 7-28. (Repealed).

(Source: P.A. 88-155. Repealed by P.A. 100-374, eff. 8-25-17.)

(105 ILCS 5/7-29) (from Ch. 122, par. 7-29)

Sec. 7-29. Limitation on contesting boundary change. No action contesting the annexation of any territory to a school district shall commence unless brought within 2 calendar years after (i) the order annexing the territory shall have become final in the event of a detachment or (ii) the election results shall have been certified in the event of a dissolution. Where a limitation of a shorter period is prescribed by statute, such shorter limitation shall apply. The limitation set forth in this Section shall not apply to jurisdictional challenges.

(Source: P.A. 100-374, eff. 8-25-17.)

(105 ILCS 5/7-30)

Sec. 7-30. (Repealed).

(Source: Laws 1961, p. 31. Repealed by P.A. 100-374, eff. 8-25-17.)