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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 105 ILCS 5/7-10.5 (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
(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.)
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105 ILCS 5/7-12
(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.)
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105 ILCS 5/7-13
(105 ILCS 5/7-13)
Sec. 7-13. (Repealed).
(Source: P.A. 81-1490. Repealed by P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-14
(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 .)
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105 ILCS 5/7-14A
(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.)
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105 ILCS 5/7-27
(105 ILCS 5/7-27)
Sec. 7-27. (Repealed).
(Source: Laws 1967, p. 470. Repealed by P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-28
(105 ILCS 5/7-28)
Sec. 7-28. (Repealed).
(Source: P.A. 88-155. Repealed by P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-29
(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.)
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105 ILCS 5/7-30
(105 ILCS 5/7-30)
Sec. 7-30. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-31 (105 ILCS 5/7-31) Sec. 7-31. Applicability of amendatory Act. For any petition filed with the regional superintendent of schools under this Article prior to the effective date of this amendatory Act of the 100th General Assembly, including a petition for a rehearing pursuant to subsection (n) of Section 7-6 of this Code, the proposed action described in the petition, including all notices, hearings, administrative decisions, ballots, elections, and passage requirements relating thereto, shall proceed and be in accordance with the law in effect prior to the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-374, eff. 8-25-17.) |
105 ILCS 5/Art. 7A
(105 ILCS 5/Art. 7A heading)
ARTICLE 7A.
UNIT SCHOOL DISTRICT CONVERSION
IN DISTRICTS WITH NOT MORE THAN 250 STUDENTS IN GRADES 9 THROUGH 12 (Repealed) (Source: Repealed by P.A. 94-1019, eff. 7-10-06.)
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