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90_HB0574
10 ILCS 5/28-2 from Ch. 46, par. 28-2
105 ILCS 5/7-1 from Ch. 122, par. 7-1
105 ILCS 5/7-2 from Ch. 122, par. 7-2
105 ILCS 5/7-4 from Ch. 122, par. 7-4
105 ILCS 5/7-6 from Ch. 122, par. 7-6
105 ILCS 5/7-7.5 new
105 ILCS 5/7-7.6 new
105 ILCS 5/7-7.7 new
105 ILCS 5/7-9 from Ch. 122, par. 7-9
Amends the Election and School Codes. Provides, with
respect to school district boundary change petitions under
which all of the territory of a school district is to be
annexed to another school district or under which part of the
territory of a school district is to be annexed to another
school district, that if the regional board of school
trustees or State Superintendent of Education has discretion
to deny or to grant or approve the petition and enters an
order granting or approving the petition, the matter must
then be submitted to referendum at a regular scheduled
election and approved by a majority of the voters in each of
the affected school districts who are entitled to vote on and
who vote on the proposition.
LRB9003008THpk
LRB9003008THpk
1 AN ACT relating to school district boundaries, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Election Code is amended by changing
6 Section 28-2 as follows:
7 (10 ILCS 5/28-2) (from Ch. 46, par. 28-2)
8 Sec. 28-2. (a) Except as otherwise provided in this
9 Section, petitions for the submission of public questions to
10 referendum must be filed with the appropriate officer or
11 board not less than 78 days prior to a regular election to be
12 eligible for submission on the ballot at such election; and
13 petitions for the submission of a question under Section
14 18-120 of the Property Tax Code must be filed with the
15 appropriate officer or board not more than 10 months nor less
16 than 6 months prior to the election at which such question is
17 to be submitted to the voters.
18 (b) However, petitions for the submission of a public
19 question to referendum which proposes the creation or
20 formation of a political subdivision must be filed with the
21 appropriate officer or board not less than 108 days prior to
22 a regular election to be eligible for submission on the
23 ballot at such election.
24 (c) Resolutions or ordinances of governing boards of
25 political subdivisions which initiate the submission of
26 public questions pursuant to law must be adopted not less
27 than 65 days before a regularly scheduled election to be
28 eligible for submission on the ballot at such election.
29 (d) A petition, resolution or ordinance initiating the
30 submission of a public question may specify a regular
31 election at which the question is to be submitted, and must
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1 so specify if the statute authorizing the public question
2 requires submission at a particular election. However, no
3 petition, resolution or ordinance initiating the submission
4 of a public question, other than a legislative resolution
5 initiating an amendment to the Constitution, may specify such
6 submission at an election more than one year after the date
7 on which it is filed or adopted, as the case may be. A
8 petition, resolution or ordinance initiating a public
9 question which specifies a particular election at which the
10 question is to be submitted shall be so limited, and shall
11 not be valid as to any other election, other than an
12 emergency referendum ordered pursuant to Section 2A-1.4.
13 (e) If a petition initiating a public question does not
14 specify a regularly scheduled election, the public question
15 shall be submitted to referendum at the next regular election
16 occurring not less than 78 days after the filing of the
17 petition, or not less than 108 days after the filing of a
18 petition for referendum to create a political subdivision.
19 If a resolution or ordinance initiating a public question
20 does not specify a regularly scheduled election, the public
21 question shall be submitted to referendum at the next regular
22 election occurring not less than 65 days after the adoption
23 of the resolution or ordinance.
24 (f) In the case of back door referenda, any limitations
25 in another statute authorizing such a referendum which
26 restrict the time in which the initiating petition may be
27 validly filed shall apply to such petition, in addition to
28 the filing deadlines specified in this Section for submission
29 at a particular election. In the case of any back door
30 referendum, the publication of the ordinance or resolution of
31 the political subdivision shall include a notice of (1) the
32 specific number of voters required to sign a petition
33 requesting that a public question be submitted to the voters
34 of the subdivision; (2) the time within which the petition
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1 must be filed; and (3) the date of the prospective
2 referendum. The secretary or clerk of the political
3 subdivision shall provide a petition form to any individual
4 requesting one. As used herein, a "back door referendum" is
5 the submission of a public question to the voters of a
6 political subdivision, initiated by a petition of voters or
7 residents of such political subdivision, to determine whether
8 an action by the governing body of such subdivision shall be
9 adopted or rejected.
10 (g) A petition for the incorporation or formation of a
11 new political subdivision whose officers are to be elected
12 rather than appointed must have attached to it an affidavit
13 attesting that at least 108 days and no more than 138 days
14 prior to such election notice of intention to file such
15 petition was published in a newspaper published within the
16 proposed political subdivision, or if none, in a newspaper of
17 general circulation within the territory of the proposed
18 political subdivision in substantially the following form:
19 NOTICE OF PETITION TO FORM A NEW........
20 Residents of the territory described below are notified
21 that a petition will or has been filed in the Office
22 of............requesting a referendum to establish a
23 new........, to be called the............
24 *The officers of the new...........will be elected on the
25 same day as the referendum. Candidates for the governing
26 board of the new......may file nominating petitions with the
27 officer named above until...........
28 The territory proposed to comprise the new........is
29 described as follows:
30 (description of territory included in petition)
31 (signature)....................................
32 Name and address of person or persons proposing
33 the new political subdivision.
34 * Where applicable.
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1 Failure to file such affidavit, or failure to publish the
2 required notice with the correct information contained
3 therein shall render the petition, and any referendum held
4 pursuant to such petition, null and void.
5 Notwithstanding the foregoing provisions of this
6 subsection (g) or any other provisions of this Code, the
7 publication of notice and affidavit requirements of this
8 subsection (g) shall not apply to any petition filed under
9 Article 7, 7A, 11A, 11B, or 11D of the School Code nor to any
10 referendum held pursuant to any such petition, and neither
11 any petition filed under any of those Articles nor any
12 referendum held pursuant to any such petition shall be
13 rendered null and void because of the failure to file an
14 affidavit or publish a notice with respect to the petition or
15 referendum as required under this subsection (g) for
16 petitions that are not filed under any of those Articles of
17 the School Code.
18 (Source: P.A. 87-185; 88-670, eff. 12-2-94.)
19 Section 10. The School Code is amended by changing
20 Sections 7-1, 7-2, 7-4, 7-6, and 7-9 and adding Sections
21 7-7.5, 7-7.6, and 7-7.7 as follows:
22 (105 ILCS 5/7-1) (from Ch. 122, par. 7-1)
23 Sec. 7-1. Districts in one educational service region -
24 changing boundaries.
25 (a) School district boundaries lying entirely within any
26 educational service region may be changed by detachment,
27 annexation, division or dissolution or any combination
28 thereof by the regional board of school trustees of such
29 region, or by the State Superintendent of Education as
30 provided in subsection (l) of Section 7-6, when petitioned by
31 the boards of each district affected or by a majority of the
32 registered voters in each district affected or by two-thirds
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1 of the registered voters in any territory proposed to be
2 detached from one or more districts or in each of one or more
3 districts proposed to be annexed to another district.
4 Registered voters shall be determined by the official voter
5 registration lists as of the date the petition is filed. No
6 signatures shall be added after the date the petition is
7 filed. If there are no registered voters within the
8 territory proposed to be detached from one or more districts,
9 then the petition may be signed by all of the owners of
10 record of the real estate of the territory. Notwithstanding
11 any other provisions of this Article, if pursuant to a
12 petition filed under this subsection all of the territory of
13 a school district is to be annexed to or part of the
14 territory of a school district is to be detached from that
15 district and annexed to another school district, any action
16 by the regional board of school trustees or State
17 Superintendent of Education in granting or approving the
18 petition and any change in school district boundaries
19 pursuant to that action is subject to and the change in
20 school district boundaries shall not be made except upon
21 approval at a regular scheduled election, in the manner
22 provided by Section 7-7.7, of a proposition for the
23 annexation of all of the territory of that school district to
24 the other school district or for the detachment of part of
25 the territory of that school district and the annexation of
26 that part to the other school district.
27 Each page of the circulated petition shall include the
28 full prayer of the petition, and each signature contained
29 therein shall match the official signature and address of the
30 registered voters as recorded in the office of the election
31 authority having jurisdiction over the county. Each
32 petitioner shall also record the date of his signing. Each
33 page of the petition shall be signed by a circulator who has
34 witnessed the signature of each petitioner on that page. The
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1 length of time for signatures to be valid, before filing of
2 the petition, shall not exceed 6 months.
3 Where there is only one school building in an approved
4 operating district, the building and building site may not be
5 included in any detachment proceeding unless petitioned by
6 two-thirds of the registered voters within the entire
7 district wherein the school is located.
8 (b) Any elementary or high school district with 100 or
9 more of its students residing upon territory located entirely
10 within a military base or installation operated and
11 maintained by the government of the United States, or any
12 unit school district or any combination of the above
13 mentioned districts with 300 or more of its students residing
14 upon territory located entirely within a military base or
15 installation operated and maintained by the government of the
16 United States, shall, upon the filing with the regional board
17 of school trustees of a petition adopted by resolution of the
18 board of education or a petition signed by a majority of the
19 registered voters residing upon such military base or
20 installation, have all of the territory lying entirely within
21 such military base or installation detached from such school
22 district, and a new school district comprised of such
23 territory shall be created. The petition shall be filed with
24 and decided solely by the regional board of school trustees
25 of the region in which the regional superintendent of schools
26 has supervision of the school district affected. The
27 regional board of school trustees shall have no authority to
28 deny the detachment and creation of a new school district
29 requested in a proper petition filed under this subsection.
30 This subsection shall apply only to those school districts
31 having a population of not fewer than 1,000 and not more than
32 500,000 residents, as ascertained by any special or general
33 census.
34 The new school district shall tuition its students to the
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1 same districts that its students were previously attending
2 and the districts from which the new district was detached
3 shall continue to educate the students from the new district,
4 until the federal government provides other arrangements.
5 The federal government shall pay for the education of such
6 children as required by Section 6 of Public Law 81-874.
7 (Source: P.A. 87-210; 87-1080.)
8 (105 ILCS 5/7-2) (from Ch. 122, par. 7-2)
9 Sec. 7-2. Districts in two or more counties; Change of
10 boundaries. Boundaries of existing school districts lying
11 within two or more counties may be changed by detachment,
12 annexation, division, dissolution or any combination thereof
13 by the concurrent action of, taken following a joint hearing
14 before, the regional boards of school trustees of each region
15 affected. For purposes of this Section and Section 7-6, an
16 educational service region shall be deemed to be a region
17 affected if any portion of the territory which the petition
18 seeks to have detached from any school district is located in
19 the region. The petition may be by the boards of each
20 district affected, or by a majority of the legal voters
21 residing in each district affected, or by two-thirds of the
22 legal voters residing in any territory proposed to be
23 detached from one or more districts or in each of one or more
24 districts proposed to be annexed to another district. The
25 original petition shall be filed with the regional board of
26 school trustees of the region in which the territory being
27 detached is located or if territory is being detached from
28 more than one region then the petition shall be filed with
29 the regional board of school trustees of the region in which
30 the regional superintendent has supervision over the greatest
31 portion of such territory. A certified true copy of the
32 petition shall be filed with the regional board of school
33 trustees of each other region affected. Notwithstanding any
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1 other provisions of this Article, if pursuant to a petition
2 filed under this Section all of the territory of a school
3 district is to be annexed to or part of the territory of a
4 school district is to be detached from that district and
5 annexed to another school district, any action by the
6 regional boards of school trustees in granting the petition
7 and any changes in school district boundaries pursuant to
8 that action is subject to and the change in school district
9 boundaries shall not be made except upon approval at a
10 regular scheduled election, in the manner provided by Section
11 7-7.7, of a proposition for the annexation of all of the
12 territory of that school district to the other school
13 district or for the detachment of part of the territory of
14 that school district and the annexation of that part to the
15 other school district.
16 The regional board of school trustees in whose region the
17 joint hearing on the original petition is conducted shall
18 send a certified true copy of the transcript of the hearing
19 to each other region affected. If there are no legal voters
20 residing within the territory proposed to be detached from
21 one or more districts, then the petition may be signed by all
22 of the owners of record of the real estate of the territory.
23 The annexing district is that district to which territory is
24 proposed to be added.
25 Where there is only one school building in an approved
26 operating district, the building and building site may not be
27 included in any detachment proceeding unless petitioned by
28 two-thirds of the eligible voters within the entire district
29 wherein the school is located.
30 After September 23, 1983, no petition shall be filed
31 under Sections 7-1 and 7-2 to form a new school district
32 under this Article except that such a petition may be filed
33 under Section 7-1 to form a new school district where the
34 boundaries of such new school district lie entirely within
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1 the boundaries of a military base or installation operated
2 and maintained by the government of the United States.
3 (Source: P.A. 86-743; 87-1080.)
4 (105 ILCS 5/7-4) (from Ch. 122, par. 7-4)
5 Sec. 7-4. Requirements for granting petitions. No
6 petition shall be granted under Sections 7-1 or 7-2 of this
7 Act:
8 (a) If there will be any non-high school territory
9 resulting from the granting of the petition.
10 (b) Unless after granting the petition any community
11 unit district, community consolidated district, elementary
12 district or high school district created shall have a
13 population of at least 2,000 and an equalized assessed
14 valuation of at least $6,000,000 based upon the last value as
15 equalized by the Department of Revenue as of the date of
16 filing of the petition.
17 (c) Unless the territory within any district so created
18 or any district whose boundaries are affected by the granting
19 of a petition shall after the granting thereof be compact and
20 contiguous except as provided in Section 7-6 of this Act.
21 The fact that a district is divided by territory lying within
22 the corporate limits of the city of Chicago shall not render
23 it non-compact or non-contiguous.
24 (d) To create any school district with a population of
25 less than 2,000 unless the State Board of Education and the
26 regional superintendent of schools for the region in which
27 the proposed district will lie shall certify to the regional
28 board or boards of school trustees that the creation of such
29 new district will not interfere with the ultimate
30 reorganization of the territory of such proposed district as
31 a part of a district having a population of 2,000 or more.
32 Notwithstanding any other provisions of this Article, the
33 granting or approval by a regional board or regional boards
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1 of school trustees or by the State Superintendent of
2 Education of a petition that under subsection (b-5) of
3 Section 7-6 is required to request the submission of a
4 proposition at a regular scheduled election for the purpose
5 of voting for or against the annexation or the detachment and
6 annexation of the territory described in the petition to the
7 school district proposing to annex that territory is subject
8 to, and any change in school district boundaries pursuant to
9 the granting of the petition shall not be made except upon,
10 approval of the proposition at the election in the manner
11 provided by Section 7-7.7.
12 (Source: P.A. 89-397, eff. 8-20-95.)
13 (105 ILCS 5/7-6) (from Ch. 122, par. 7-6)
14 Sec. 7-6. Petition filing; Notice; Hearing; Decision.
15 (a) Upon the filing of a petition with the secretary of
16 the regional board of school trustees under the provisions of
17 Section 7-1 or 7-2 of this Act the secretary shall cause a
18 copy of such petition to be given to each board of any
19 district involved in the proposed boundary change and shall
20 cause a notice thereof to be published once in a newspaper
21 having general circulation within the area of the territory
22 described in the petition for the proposed change of
23 boundaries.
24 (b) When a joint hearing is required under the
25 provisions of Section 7-2, the secretary also shall cause a
26 copy of the notice to be sent to the regional board of school
27 trustees of each region affected. Notwithstanding the
28 foregoing provisions of this Section, if the secretary of the
29 regional board of school trustees with whom a petition is
30 filed under Section 7-2 fails, within 30 days after the
31 filing of such petition, to cause notice thereof to be
32 published and sent as required by this Section, then the
33 secretary of the regional board of school trustees of any
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1 other region affected may cause the required notice to be
2 published and sent, and the joint hearing may be held in any
3 region affected as provided in the notice so published.
4 (b-5) If a petition filed under subsection (a) of
5 Section 7-1 or under Section 7-2 proposes to annex all the
6 territory of a school district to another school district or
7 to detach part of the territory of a school district and
8 annex that part to another school district, the petition
9 shall request the submission of a proposition at a regular
10 scheduled election for the purpose of voting for or against
11 the annexation or the detachment and annexation of the
12 territory described in the petition to the school district
13 proposing to annex that territory. No petition filed or
14 election held under this Article shall be null and void,
15 invalidated, or deemed in noncompliance with the Election
16 Code because of a failure to publish a notice with respect to
17 the petition or referendum as required under subsection (g)
18 of Section 28-2 of that Code for petitions that are not filed
19 under this Article or Article 7A, 11A, 11B, or 11D of the
20 School Code.
21 (c) When a petition contains more than 10 signatures the
22 petition shall designate a committee of 10 of the petitioners
23 as attorney in fact for all petitioners, any 7 of whom may
24 make binding stipulations on behalf of all petitioners as to
25 any question with respect to the petition or hearing or joint
26 hearing, and the regional board of school trustees, or
27 regional boards of school trustees in cases of a joint
28 hearing may accept such stipulation in lieu of evidence or
29 proof of the matter stipulated. The committee of petitioners
30 shall have the same power to stipulate to accountings or
31 waiver thereof between school districts; however, the
32 regional board of school trustees, or regional boards of
33 school trustees in cases of a joint hearing may refuse to
34 accept such stipulation. Those designated as the committee of
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1 10 shall serve in that capacity until such time as the
2 regional superintendent of schools or the committee of 10
3 determines that, because of death, resignation, transfer of
4 residency from the territory, or failure to qualify, the
5 office of a particular member of the committee of 10 is
6 vacant. Upon determination that a vacancy exists, the
7 remaining members shall appoint a petitioner to fill the
8 designated vacancy on the committee of 10. The appointment
9 of any new members by the committee of 10 shall be made by a
10 simple majority vote of the remaining designated members.
11 (d) The petition may be amended to withdraw not to
12 exceed a total of 10% of the territory in the petition at any
13 time prior to the hearing or joint hearing; provided that the
14 petition shall after amendment comply with the requirements
15 as to the number of signatures required on an original
16 petition.
17 (e) The petitioners shall pay the expenses of publishing
18 the notice and of any transcript taken at the hearing or
19 joint hearing; and in case of an appeal from the decision of
20 the regional board of school trustees, or regional boards of
21 school trustees in cases of a joint hearing, or State
22 Superintendent of Education in cases determined under
23 subsection (l) of this Section, the appellants shall pay the
24 cost of preparing the record for appeal.
25 (f) The notice shall state when the petition was filed,
26 the description of the territory, the prayer of the petition
27 and the return day on which the hearing or joint hearing upon
28 the petition will be held which shall not be more than 15 nor
29 less than 10 days after the publication of notice.
30 (g) On such return day or on a day to which the regional
31 board of school trustees, or regional boards of school
32 trustees in cases of a joint hearing shall continue the
33 hearing or joint hearing the regional board of school
34 trustees, or regional boards of school trustees in cases of a
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1 joint hearing shall hear the petition but may adjourn the
2 hearing or joint hearing from time to time or may continue
3 the matter for want of sufficient notice or other good cause.
4 (h) Prior to the hearing or joint hearing the secretary
5 of the regional board of school trustees shall submit to the
6 regional board of school trustees, or regional boards of
7 school trustees in cases of a joint hearing maps showing the
8 districts involved, a written report of financial and
9 educational conditions of districts involved and the probable
10 effect of the proposed changes. The reports and maps
11 submitted shall be made a part of the record of the
12 proceedings of the regional board of school trustees, or
13 regional boards of school trustees in cases of a joint
14 hearing. A copy of the report and maps submitted shall be
15 sent by the secretary of the regional board of school
16 trustees to each board of the districts involved, not less
17 than 5 days prior to the day upon which the hearing or joint
18 hearing is to be held.
19 (i) The regional board of school trustees, or regional
20 boards of school trustees in cases of a joint hearing shall
21 hear evidence as to the school needs and conditions of the
22 territory in the area within and adjacent thereto and as to
23 the ability of the districts affected to meet the standards
24 of recognition as prescribed by the State Board of Education,
25 and shall take into consideration the division of funds and
26 assets which will result from the change of boundaries and
27 shall determine whether it is to the best interests of the
28 schools of the area and the educational welfare of the pupils
29 that such change in boundaries be granted, and in case
30 non-high school territory is contained in the petition the
31 normal high school attendance pattern of the children shall
32 be taken into consideration. If the non-high school territory
33 overlies an elementary district, a part of which is in a high
34 school district, such territory may be annexed to such high
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1 school district even though not contiguous to the high school
2 district. However, upon resolution by the regional board of
3 school trustees, or regional boards of school trustees in
4 cases of a joint hearing the secretary or secretaries thereof
5 shall conduct the hearing or joint hearing upon any boundary
6 petition and present a transcript of such hearing to the
7 trustees who shall base their decision upon the transcript,
8 maps and information and any presentation of counsel.
9 (j) At the hearing or joint hearing any resident of the
10 territory described in the petition or any resident in any
11 district affected by the proposed change of boundaries may
12 appear in person or by an attorney in support of the petition
13 or to object to the granting of the petition and may present
14 evidence in support of his position.
15 (k) At the conclusion of the hearing, other than a joint
16 hearing, the regional superintendent of schools as ex officio
17 member of the regional board of school trustees shall within
18 30 days enter an order either granting or denying the
19 petition and shall deliver to the committee of petitioners,
20 if any, and any person who has filed his appearance in
21 writing at the hearing and any attorney who appears for any
22 person and any objector who testifies at the hearing and the
23 regional superintendent of schools a certified copy of its
24 order.
25 (l) Notwithstanding the foregoing provisions of this
26 Section, if within 9 months after a petition is submitted
27 under the provisions of Section 7-1 the petition is not
28 approved or denied by the regional board of school trustees
29 and the order approving or denying that petition entered and
30 a copy thereof served as provided in this Section, the school
31 boards or registered voters of the districts affected that
32 submitted the petition (or the committee of 10, or an
33 attorney acting on its behalf, if designated in the petition)
34 may submit a copy of the petition directly to the State
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1 Superintendent of Education for approval or denial. The copy
2 of the petition as so submitted shall be accompanied by a
3 record of all proceedings had with respect to the petition up
4 to the time the copy of the petition is submitted to the
5 State Superintendent of Education (including a copy of any
6 notice given or published, any certificate or other proof of
7 publication, copies of any maps or written report of the
8 financial and educational conditions of the school districts
9 affected if furnished by the secretary of the regional board
10 of school trustees, copies of any amendments to the petition
11 and stipulations made, accepted or refused, a transcript of
12 any hearing or part of a hearing held, continued or adjourned
13 on the petition, and any orders entered with respect to the
14 petition or any hearing held thereon). The school boards,
15 registered voters or committee of 10 submitting the petition
16 and record of proceedings to the State Superintendent of
17 Education shall give written notice by certified mail, return
18 receipt requested to the regional board of school trustees
19 and to the secretary of that board that the petition has been
20 submitted to the State Superintendent of Education for
21 approval or denial, and shall furnish a copy of the notice so
22 given to the State Superintendent of Education. The cost of
23 assembling the record of proceedings for submission to the
24 State Superintendent of Education shall be the responsibility
25 of the school boards, registered voters or committee of 10
26 that submits the petition and record of proceedings to the
27 State Superintendent of Education. When a petition is
28 submitted to the State Superintendent of Education in
29 accordance with the provisions of this paragraph:
30 (1) The regional board of school trustees loses all
31 jurisdiction over the petition and shall have no further
32 authority to hear, approve, deny or otherwise act with
33 respect to the petition.
34 (2) All jurisdiction over the petition and the
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1 right and duty to hear, approve, deny or otherwise act
2 with respect to the petition is transferred to and shall
3 be assumed and exercised by the State Superintendent of
4 Education.
5 (3) The State Superintendent of Education shall not
6 be required to repeat any proceedings that were conducted
7 in accordance with the provisions of this Section prior
8 to the time jurisdiction over the petition is transferred
9 to him, but the State Superintendent of Education shall
10 be required to give and publish any notices and hold or
11 complete any hearings that were not given, held or
12 completed by the regional board of school trustees or its
13 secretary as required by this Section prior to the time
14 jurisdiction over the petition is transferred to the
15 State Superintendent of Education.
16 (4) If so directed by the State Superintendent of
17 Education, the regional superintendent of schools shall
18 submit to the State Superintendent of Education and to
19 such school boards as the State Superintendent of
20 Education shall prescribe accurate maps and a written
21 report of the financial and educational conditions of the
22 districts affected and the probable effect of the
23 proposed boundary changes.
24 (5) The State Superintendent is authorized to
25 conduct further hearings, or appoint a hearing officer to
26 conduct further hearings, on the petition even though a
27 hearing thereon was held as provided in this Section
28 prior to the time jurisdiction over the petition is
29 transferred to the State Superintendent of Education.
30 (6) The State Superintendent of Education or the
31 hearing officer shall hear evidence and approve or deny
32 the petition and shall enter an order to that effect and
33 deliver and serve the same as required in other cases to
34 be done by the regional board of school trustees and the
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1 regional superintendent of schools as an ex officio
2 member of that board.
3 (m) Within 10 days after the conclusion of a joint
4 hearing required under the provisions of Section 7-2, each
5 regional board of school trustees shall meet together and
6 render a decision with regard to the joint hearing on the
7 petition. If the regional boards of school trustees fail to
8 enter a joint order either granting or denying the petition,
9 the regional superintendent of schools for the educational
10 service region in which the joint hearing is held shall enter
11 an order denying the petition, and within 30 days after the
12 conclusion of the joint hearing shall deliver a copy of the
13 order denying the petition to the regional boards of school
14 trustees of each region affected, to the committee of
15 petitioners, if any, to any person who has filed his
16 appearance in writing at the hearing and to any attorney who
17 appears for any person at the joint hearing. If the regional
18 boards of school trustees enter a joint order either granting
19 or denying the petition, the regional superintendent of
20 schools for the educational service region in which the joint
21 hearing is held shall, within 30 days of the conclusion of
22 the hearing, deliver a copy of the joint order to those same
23 committees and persons as are entitled to receive copies of
24 the regional superintendent's order in cases where the
25 regional boards of school trustees have failed to enter a
26 joint order.
27 (n) Within 10 days after service of a copy of the order
28 granting or denying the petition, any person so served may
29 petition for a rehearing and, upon sufficient cause being
30 shown, a rehearing may be granted. The filing of a petition
31 for rehearing shall operate as a stay of enforcement until
32 the regional board of school trustees, or regional boards of
33 school trustees in cases of a joint hearing, or State
34 Superintendent of Education in cases determined under
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1 subsection (l) of this Section enter the final order on such
2 petition for rehearing.
3 (o) If a petition filed under subsection (a) of Section
4 7-1 or under Section 7-2 is required under the provisions of
5 subsection (b-5) of this Section 7-6 to request submission of
6 a proposition at a regular scheduled election for the purpose
7 of voting for or against the annexation or the detachment and
8 annexation of the territory described in the petition to the
9 school district proposing to annex that territory, and if the
10 petition is granted or approved by the regional board or
11 regional boards of school trustees or by the State
12 Superintendent of Education, the proposition shall be placed
13 on the ballot at the next regular scheduled election.
14 (Source: P.A. 87-210; 87-1215; 87-1270; 88-45.)
15 (105 ILCS 5/7-7.5 new)
16 Sec. 7-7.5. Holding of elections.
17 (a) Elections provided by this Article shall be
18 conducted in accordance with the general election law.
19 (b) The notice shall be in substantially the following
20 form:
21 NOTICE OF REFERENDUM FOR ANNEXATION
22 BY.....(Name of Annexing District)
23 OF TERRITORY OF (or IN) ..... (Name Of
24 District Or Districts All Or Part Of
25 Whose Territory Is To Be Annexed)
26 NOTICE is hereby given that on the .... day of ....,
27 19 ..., a referendum will be held in part(s) of ......
28 County (Counties) for the purpose of voting for or
29 against the proposition to annex all of the territory
30 comprising ..... (name of each such school district) of
31 ....... County, Illinois to ..... (name of annexing
32 school district) of ...... County, Illinois (or, to
33 detach part of the territory comprising ..... (name of
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1 each such school district) of ..... County, Illinois, and
2 to annex the territory so detached to ..... (name of
3 annexing school district) of ..... County, Illinois.
4 The territory which now comprises all (part) of the
5 territory of ..... (name of the school district or
6 districts) of ...... County, Illinois, which territory is
7 the same as the territory which is proposed to be annexed
8 to ..... (name of annexing school district) of .......
9 County, Illinois, is described as follows: (Here describe
10 such territory.)
11 The territory which now comprises ..... (name of
12 annexing school district) of ....... County, Illinois,
13 which district it is proposed shall annex the territory
14 above described in this Notice, is described as follows:
15 (Here describe such territory.)
16 The election is called and will be held pursuant to
17 an order of the regional board of school trustees (or,
18 State Superintendent of Education) dated on the .... day
19 of ...., 19 ...., which order states that the change of
20 boundaries pursuant to the annexation (detachment and
21 annexation) granted or approved by the order shall be
22 made if a majority of those voters in each of the
23 affected school districts who are entitled to vote on the
24 proposition and who vote on the proposition at the
25 election vote in favor thereof.
26 Dated this ..... day of ...., 19.....
27 Regional Board of School Trustees (or State
28 Superintendent of Education)
29 By....................................
30 (105 ILCS 5/7-7.6 new)
31 Sec. 7-7.6. Ballots. The ballot shall be in
32 substantially the following form:
33 OFFICIAL BALLOT
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1 -------------------------------------------------------------
2 Shall the following described territory
3 comprising all (part) of the territory
4 of ..... (name of school district or YES
5 districts) of ...... County, Illinois
6 be annexed to and made a part of ..... --------------------
7 (name of annexing school district)
8 of ....... County, Illinois? NO
9 (Here describe such territory.)
10 -------------------------------------------------------------
11 (105 ILCS 5/7-7.7 new)
12 Sec. 7-7.7. Passage requirements.
13 (a) Except as otherwise provided in subsection (b), the
14 proposition for the annexation of all of the territory of one
15 or more school districts to another school district or for
16 the detachment of part of the territory of one or more school
17 districts and the annexation of the part or parts so detached
18 to another school district shall be submitted only to the
19 voters of the annexing district, the voters of a district all
20 of the territory of which is to be annexed to the annexing
21 district, and the voters of that part of the territory
22 proposed to be detached from a district that is to be annexed
23 to the annexing district, and if a majority of the voters in
24 each such district or part of a district who are entitled to
25 vote on the proposition and who vote on the proposition vote
26 in favor of the proposition, the proposition shall be deemed
27 to have passed.
28 (b) If territory is to be detached from one district and
29 annexed to the annexing district and that territory is 25% or
30 more of the total land area of the district from which it is
31 to be detached, or if the difference between the percent of
32 student enrollment in the territory to be detached to total
33 student enrollment in the district from which the territory
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1 is to be detached and the percent of equalized assessed
2 valuation in the territory to be detached to the total
3 equalized assessed valuation of the district from which it is
4 to be detached is greater than 8%, then all electors residing
5 anywhere in the district from which the territory is to be
6 detached shall be entitled to vote on the proposition for
7 annexation or for detachment and annexation to the annexing
8 district.
9 (105 ILCS 5/7-9) (from Ch. 122, par. 7-9)
10 Sec. 7-9. Effective date of change. In case a petition is
11 filed for the creation of or the change of boundaries of or
12 for an election to vote upon a the proposition of creating or
13 annexing territory to a any school district after August 1,
14 as provided in this Article, and the change is granted or the
15 election carries, and no appeal is taken such change shall
16 become effective after the time for appeal has run for the
17 purpose of all elections; however, the change shall not
18 affect the administration of the schools until July 1
19 following the date the petition is granted or upon which the
20 election is held and the school boards of the districts as
21 they existed prior to the change shall exercise the same
22 power and authority over such territory until such date;
23 however, new districts shall be permitted to organize and
24 elect officers within the time prescribed by the general
25 election law.
26 In the event that the granting of a petition has become
27 final, either through failure to seek Administrative Review
28 or by the final decision of a court on review, the change in
29 boundaries shall become effective forthwith. However, if the
30 granting of the petition becomes final between September 1
31 and June 30 of any year, the administration of and attendance
32 at the schools shall not be affected until the following July
33 1, when the change in boundaries shall become effective for
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1 all purposes. After the granting of a petition has become
2 final, the date when the change shall become effective for
3 purposes of administration and attendance may be accelerated
4 or postponed by stipulation of each of the school boards of
5 each district affected and approved by the regional board of
6 school trustees or by the board of a special charter district
7 with which the original petition is required to be filed.
8 (Source: P.A. 81-1550.)