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90_HB0574eng
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.
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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 another school
14 district, any action by the regional board of school trustees
15 or State Superintendent of Education in granting or approving
16 the petition and any change in school district boundaries
17 pursuant to that action is subject to and the change in
18 school district boundaries shall not be made except upon
19 approval at a regular scheduled election, in the manner
20 provided by Section 7-7.7, of a proposition for the
21 annexation of all of the territory of that school district to
22 the other school district.
23 Each page of the circulated petition shall include the
24 full prayer of the petition, and each signature contained
25 therein shall match the official signature and address of the
26 registered voters as recorded in the office of the election
27 authority having jurisdiction over the county. Each
28 petitioner shall also record the date of his signing. Each
29 page of the petition shall be signed by a circulator who has
30 witnessed the signature of each petitioner on that page. The
31 length of time for signatures to be valid, before filing of
32 the petition, shall not exceed 6 months.
33 Where there is only one school building in an approved
34 operating district, the building and building site may not be
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1 included in any detachment proceeding unless petitioned by
2 two-thirds of the registered voters within the entire
3 district wherein the school is located.
4 (b) Any elementary or high school district with 100 or
5 more of its students residing upon territory located entirely
6 within a military base or installation operated and
7 maintained by the government of the United States, or any
8 unit school district or any combination of the above
9 mentioned districts with 300 or more of its students residing
10 upon territory located entirely within a military base or
11 installation operated and maintained by the government of the
12 United States, shall, upon the filing with the regional board
13 of school trustees of a petition adopted by resolution of the
14 board of education or a petition signed by a majority of the
15 registered voters residing upon such military base or
16 installation, have all of the territory lying entirely within
17 such military base or installation detached from such school
18 district, and a new school district comprised of such
19 territory shall be created. The petition shall be filed with
20 and decided solely by the regional board of school trustees
21 of the region in which the regional superintendent of schools
22 has supervision of the school district affected. The
23 regional board of school trustees shall have no authority to
24 deny the detachment and creation of a new school district
25 requested in a proper petition filed under this subsection.
26 This subsection shall apply only to those school districts
27 having a population of not fewer than 1,000 and not more than
28 500,000 residents, as ascertained by any special or general
29 census.
30 The new school district shall tuition its students to the
31 same districts that its students were previously attending
32 and the districts from which the new district was detached
33 shall continue to educate the students from the new district,
34 until the federal government provides other arrangements.
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1 The federal government shall pay for the education of such
2 children as required by Section 6 of Public Law 81-874.
3 (Source: P.A. 87-210; 87-1080.)
4 (105 ILCS 5/7-2) (from Ch. 122, par. 7-2)
5 Sec. 7-2. Districts in two or more counties; Change of
6 boundaries. Boundaries of existing school districts lying
7 within two or more counties may be changed by detachment,
8 annexation, division, dissolution or any combination thereof
9 by the concurrent action of, taken following a joint hearing
10 before, the regional boards of school trustees of each region
11 affected. For purposes of this Section and Section 7-6, an
12 educational service region shall be deemed to be a region
13 affected if any portion of the territory which the petition
14 seeks to have detached from any school district is located in
15 the region. The petition may be by the boards of each
16 district affected, or by a majority of the legal voters
17 residing in each district affected, or by two-thirds of the
18 legal voters residing in any territory proposed to be
19 detached from one or more districts or in each of one or more
20 districts proposed to be annexed to another district. The
21 original petition shall be filed with the regional board of
22 school trustees of the region in which the territory being
23 detached is located or if territory is being detached from
24 more than one region then the petition shall be filed with
25 the regional board of school trustees of the region in which
26 the regional superintendent has supervision over the greatest
27 portion of such territory. A certified true copy of the
28 petition shall be filed with the regional board of school
29 trustees of each other region affected. Notwithstanding any
30 other provisions of this Article, if pursuant to a petition
31 filed under this Section all of the territory of a school
32 district is to be annexed to another school district, any
33 action by the regional boards of school trustees in granting
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1 the petition and any changes in school district boundaries
2 pursuant to that action is subject to and the change in
3 school district boundaries shall not be made except upon
4 approval at a regular scheduled election, in the manner
5 provided by Section 7-7.7, of a proposition for the
6 annexation of all of the territory of that school district to
7 the other school district.
8 The regional board of school trustees in whose region the
9 joint hearing on the original petition is conducted shall
10 send a certified true copy of the transcript of the hearing
11 to each other region affected. If there are no legal voters
12 residing within the territory proposed to be detached from
13 one or more districts, then the petition may be signed by all
14 of the owners of record of the real estate of the territory.
15 The annexing district is that district to which territory is
16 proposed to be added.
17 Where there is only one school building in an approved
18 operating district, the building and building site may not be
19 included in any detachment proceeding unless petitioned by
20 two-thirds of the eligible voters within the entire district
21 wherein the school is located.
22 After September 23, 1983, no petition shall be filed
23 under Sections 7-1 and 7-2 to form a new school district
24 under this Article except that such a petition may be filed
25 under Section 7-1 to form a new school district where the
26 boundaries of such new school district lie entirely within
27 the boundaries of a military base or installation operated
28 and maintained by the government of the United States.
29 (Source: P.A. 86-743; 87-1080.)
30 (105 ILCS 5/7-4) (from Ch. 122, par. 7-4)
31 Sec. 7-4. Requirements for granting petitions. No
32 petition shall be granted under Sections 7-1 or 7-2 of this
33 Act:
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1 (a) If there will be any non-high school territory
2 resulting from the granting of the petition.
3 (b) Unless after granting the petition any community
4 unit district, community consolidated district, elementary
5 district or high school district created shall have a
6 population of at least 2,000 and an equalized assessed
7 valuation of at least $6,000,000 based upon the last value as
8 equalized by the Department of Revenue as of the date of
9 filing of the petition.
10 (c) Unless the territory within any district so created
11 or any district whose boundaries are affected by the granting
12 of a petition shall after the granting thereof be compact and
13 contiguous except as provided in Section 7-6 of this Act.
14 The fact that a district is divided by territory lying within
15 the corporate limits of the city of Chicago shall not render
16 it non-compact or non-contiguous.
17 (d) To create any school district with a population of
18 less than 2,000 unless the State Board of Education and the
19 regional superintendent of schools for the region in which
20 the proposed district will lie shall certify to the regional
21 board or boards of school trustees that the creation of such
22 new district will not interfere with the ultimate
23 reorganization of the territory of such proposed district as
24 a part of a district having a population of 2,000 or more.
25 Notwithstanding any other provisions of this Article, the
26 granting or approval by a regional board or regional boards
27 of school trustees or by the State Superintendent of
28 Education of a petition that under subsection (b-5) of
29 Section 7-6 is required to request the submission of a
30 proposition at a regular scheduled election for the purpose
31 of voting for or against the annexation of the territory
32 described in the petition to the school district proposing to
33 annex that territory is subject to, and any change in school
34 district boundaries pursuant to the granting of the petition
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1 shall not be made except upon, approval of the proposition at
2 the election in the manner provided by Section 7-7.7.
3 (Source: P.A. 89-397, eff. 8-20-95.)
4 (105 ILCS 5/7-6) (from Ch. 122, par. 7-6)
5 Sec. 7-6. Petition filing; Notice; Hearing; Decision.
6 (a) Upon the filing of a petition with the secretary of
7 the regional board of school trustees under the provisions of
8 Section 7-1 or 7-2 of this Act the secretary shall cause a
9 copy of such petition to be given to each board of any
10 district involved in the proposed boundary change and shall
11 cause a notice thereof to be published once in a newspaper
12 having general circulation within the area of the territory
13 described in the petition for the proposed change of
14 boundaries.
15 (b) When a joint hearing is required under the
16 provisions of Section 7-2, the secretary also shall cause a
17 copy of the notice to be sent to the regional board of school
18 trustees of each region affected. Notwithstanding the
19 foregoing provisions of this Section, if the secretary of the
20 regional board of school trustees with whom a petition is
21 filed under Section 7-2 fails, within 30 days after the
22 filing of such petition, to cause notice thereof to be
23 published and sent as required by this Section, then the
24 secretary of the regional board of school trustees of any
25 other region affected may cause the required notice to be
26 published and sent, and the joint hearing may be held in any
27 region affected as provided in the notice so published.
28 (b-5) If a petition filed under subsection (a) of
29 Section 7-1 or under Section 7-2 proposes to annex all the
30 territory of a school district to another school district,
31 the petition shall request the submission of a proposition at
32 a regular scheduled election for the purpose of voting for or
33 against the annexation of the territory described in the
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1 petition to the school district proposing to annex that
2 territory. No petition filed or election held under this
3 Article shall be null and void, invalidated, or deemed in
4 noncompliance with the Election Code because of a failure to
5 publish a notice with respect to the petition or referendum
6 as required under subsection (g) of Section 28-2 of that Code
7 for petitions that are not filed under this Article or
8 Article 7A, 11A, 11B, or 11D of the School Code.
9 (c) When a petition contains more than 10 signatures the
10 petition shall designate a committee of 10 of the petitioners
11 as attorney in fact for all petitioners, any 7 of whom may
12 make binding stipulations on behalf of all petitioners as to
13 any question with respect to the petition or hearing or joint
14 hearing, and the regional board of school trustees, or
15 regional boards of school trustees in cases of a joint
16 hearing may accept such stipulation in lieu of evidence or
17 proof of the matter stipulated. The committee of petitioners
18 shall have the same power to stipulate to accountings or
19 waiver thereof between school districts; however, the
20 regional board of school trustees, or regional boards of
21 school trustees in cases of a joint hearing may refuse to
22 accept such stipulation. Those designated as the committee of
23 10 shall serve in that capacity until such time as the
24 regional superintendent of schools or the committee of 10
25 determines that, because of death, resignation, transfer of
26 residency from the territory, or failure to qualify, the
27 office of a particular member of the committee of 10 is
28 vacant. Upon determination that a vacancy exists, the
29 remaining members shall appoint a petitioner to fill the
30 designated vacancy on the committee of 10. The appointment
31 of any new members by the committee of 10 shall be made by a
32 simple majority vote of the remaining designated members.
33 (d) The petition may be amended to withdraw not to
34 exceed a total of 10% of the territory in the petition at any
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1 time prior to the hearing or joint hearing; provided that the
2 petition shall after amendment comply with the requirements
3 as to the number of signatures required on an original
4 petition.
5 (e) The petitioners shall pay the expenses of publishing
6 the notice and of any transcript taken at the hearing or
7 joint hearing; and in case of an appeal from the decision of
8 the regional board of school trustees, or regional boards of
9 school trustees in cases of a joint hearing, or State
10 Superintendent of Education in cases determined under
11 subsection (l) of this Section, the appellants shall pay the
12 cost of preparing the record for appeal.
13 (f) The notice shall state when the petition was filed,
14 the description of the territory, the prayer of the petition
15 and the return day on which the hearing or joint hearing upon
16 the petition will be held which shall not be more than 15 nor
17 less than 10 days after the publication of notice.
18 (g) On such return day or on a day to which the regional
19 board of school trustees, or regional boards of school
20 trustees in cases of a joint hearing shall continue the
21 hearing or joint hearing the regional board of school
22 trustees, or regional boards of school trustees in cases of a
23 joint hearing shall hear the petition but may adjourn the
24 hearing or joint hearing from time to time or may continue
25 the matter for want of sufficient notice or other good cause.
26 (h) Prior to the hearing or joint hearing the secretary
27 of the regional board of school trustees shall submit to the
28 regional board of school trustees, or regional boards of
29 school trustees in cases of a joint hearing maps showing the
30 districts involved, a written report of financial and
31 educational conditions of districts involved and the probable
32 effect of the proposed changes. The reports and maps
33 submitted shall be made a part of the record of the
34 proceedings of the regional board of school trustees, or
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1 regional boards of school trustees in cases of a joint
2 hearing. A copy of the report and maps submitted shall be
3 sent by the secretary of the regional board of school
4 trustees to each board of the districts involved, not less
5 than 5 days prior to the day upon which the hearing or joint
6 hearing is to be held.
7 (i) The regional board of school trustees, or regional
8 boards of school trustees in cases of a joint hearing shall
9 hear evidence as to the school needs and conditions of the
10 territory in the area within and adjacent thereto and as to
11 the ability of the districts affected to meet the standards
12 of recognition as prescribed by the State Board of Education,
13 and shall take into consideration the division of funds and
14 assets which will result from the change of boundaries and
15 shall determine whether it is to the best interests of the
16 schools of the area and the educational welfare of the pupils
17 that such change in boundaries be granted, and in case
18 non-high school territory is contained in the petition the
19 normal high school attendance pattern of the children shall
20 be taken into consideration. If the non-high school territory
21 overlies an elementary district, a part of which is in a high
22 school district, such territory may be annexed to such high
23 school district even though not contiguous to the high school
24 district. However, upon resolution by the regional board of
25 school trustees, or regional boards of school trustees in
26 cases of a joint hearing the secretary or secretaries thereof
27 shall conduct the hearing or joint hearing upon any boundary
28 petition and present a transcript of such hearing to the
29 trustees who shall base their decision upon the transcript,
30 maps and information and any presentation of counsel.
31 (j) At the hearing or joint hearing any resident of the
32 territory described in the petition or any resident in any
33 district affected by the proposed change of boundaries may
34 appear in person or by an attorney in support of the petition
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1 or to object to the granting of the petition and may present
2 evidence in support of his position.
3 (k) At the conclusion of the hearing, other than a joint
4 hearing, the regional superintendent of schools as ex officio
5 member of the regional board of school trustees shall within
6 30 days enter an order either granting or denying the
7 petition and shall deliver to the committee of petitioners,
8 if any, and any person who has filed his appearance in
9 writing at the hearing and any attorney who appears for any
10 person and any objector who testifies at the hearing and the
11 regional superintendent of schools a certified copy of its
12 order.
13 (l) Notwithstanding the foregoing provisions of this
14 Section, if within 9 months after a petition is submitted
15 under the provisions of Section 7-1 the petition is not
16 approved or denied by the regional board of school trustees
17 and the order approving or denying that petition entered and
18 a copy thereof served as provided in this Section, the school
19 boards or registered voters of the districts affected that
20 submitted the petition (or the committee of 10, or an
21 attorney acting on its behalf, if designated in the petition)
22 may submit a copy of the petition directly to the State
23 Superintendent of Education for approval or denial. The copy
24 of the petition as so submitted shall be accompanied by a
25 record of all proceedings had with respect to the petition up
26 to the time the copy of the petition is submitted to the
27 State Superintendent of Education (including a copy of any
28 notice given or published, any certificate or other proof of
29 publication, copies of any maps or written report of the
30 financial and educational conditions of the school districts
31 affected if furnished by the secretary of the regional board
32 of school trustees, copies of any amendments to the petition
33 and stipulations made, accepted or refused, a transcript of
34 any hearing or part of a hearing held, continued or adjourned
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1 on the petition, and any orders entered with respect to the
2 petition or any hearing held thereon). The school boards,
3 registered voters or committee of 10 submitting the petition
4 and record of proceedings to the State Superintendent of
5 Education shall give written notice by certified mail, return
6 receipt requested to the regional board of school trustees
7 and to the secretary of that board that the petition has been
8 submitted to the State Superintendent of Education for
9 approval or denial, and shall furnish a copy of the notice so
10 given to the State Superintendent of Education. The cost of
11 assembling the record of proceedings for submission to the
12 State Superintendent of Education shall be the responsibility
13 of the school boards, registered voters or committee of 10
14 that submits the petition and record of proceedings to the
15 State Superintendent of Education. When a petition is
16 submitted to the State Superintendent of Education in
17 accordance with the provisions of this paragraph:
18 (1) The regional board of school trustees loses all
19 jurisdiction over the petition and shall have no further
20 authority to hear, approve, deny or otherwise act with
21 respect to the petition.
22 (2) All jurisdiction over the petition and the
23 right and duty to hear, approve, deny or otherwise act
24 with respect to the petition is transferred to and shall
25 be assumed and exercised by the State Superintendent of
26 Education.
27 (3) The State Superintendent of Education shall not
28 be required to repeat any proceedings that were conducted
29 in accordance with the provisions of this Section prior
30 to the time jurisdiction over the petition is transferred
31 to him, but the State Superintendent of Education shall
32 be required to give and publish any notices and hold or
33 complete any hearings that were not given, held or
34 completed by the regional board of school trustees or its
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1 secretary as required by this Section prior to the time
2 jurisdiction over the petition is transferred to the
3 State Superintendent of Education.
4 (4) If so directed by the State Superintendent of
5 Education, the regional superintendent of schools shall
6 submit to the State Superintendent of Education and to
7 such school boards as the State Superintendent of
8 Education shall prescribe accurate maps and a written
9 report of the financial and educational conditions of the
10 districts affected and the probable effect of the
11 proposed boundary changes.
12 (5) The State Superintendent is authorized to
13 conduct further hearings, or appoint a hearing officer to
14 conduct further hearings, on the petition even though a
15 hearing thereon was held as provided in this Section
16 prior to the time jurisdiction over the petition is
17 transferred to the State Superintendent of Education.
18 (6) The State Superintendent of Education or the
19 hearing officer shall hear evidence and approve or deny
20 the petition and shall enter an order to that effect and
21 deliver and serve the same as required in other cases to
22 be done by the regional board of school trustees and the
23 regional superintendent of schools as an ex officio
24 member of that board.
25 (m) Within 10 days after the conclusion of a joint
26 hearing required under the provisions of Section 7-2, each
27 regional board of school trustees shall meet together and
28 render a decision with regard to the joint hearing on the
29 petition. If the regional boards of school trustees fail to
30 enter a joint order either granting or denying the petition,
31 the regional superintendent of schools for the educational
32 service region in which the joint hearing is held shall enter
33 an order denying the petition, and within 30 days after the
34 conclusion of the joint hearing shall deliver a copy of the
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1 order denying the petition to the regional boards of school
2 trustees of each region affected, to the committee of
3 petitioners, if any, to any person who has filed his
4 appearance in writing at the hearing and to any attorney who
5 appears for any person at the joint hearing. If the regional
6 boards of school trustees enter a joint order either granting
7 or denying the petition, the regional superintendent of
8 schools for the educational service region in which the joint
9 hearing is held shall, within 30 days of the conclusion of
10 the hearing, deliver a copy of the joint order to those same
11 committees and persons as are entitled to receive copies of
12 the regional superintendent's order in cases where the
13 regional boards of school trustees have failed to enter a
14 joint order.
15 (n) Within 10 days after service of a copy of the order
16 granting or denying the petition, any person so served may
17 petition for a rehearing and, upon sufficient cause being
18 shown, a rehearing may be granted. The filing of a petition
19 for rehearing shall operate as a stay of enforcement until
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 enter the final order on such
24 petition for rehearing.
25 (o) If a petition filed under subsection (a) of Section
26 7-1 or under Section 7-2 is required under the provisions of
27 subsection (b-5) of this Section 7-6 to request submission of
28 a proposition at a regular scheduled election for the purpose
29 of voting for or against the annexation of the territory
30 described in the petition to the school district proposing to
31 annex that territory, and if the petition is granted or
32 approved by the regional board or regional boards of school
33 trustees or by the State Superintendent of Education, the
34 proposition shall be placed on the ballot at the next regular
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1 scheduled election.
2 (Source: P.A. 87-210; 87-1215; 87-1270; 88-45.)
3 (105 ILCS 5/7-7.5 new)
4 Sec. 7-7.5. Holding of elections.
5 (a) Elections provided by this Article shall be
6 conducted in accordance with the general election law.
7 (b) The notice shall be in substantially the following
8 form:
9 NOTICE OF REFERENDUM FOR ANNEXATION
10 BY.....(Name of Annexing District)
11 OF ALL TERRITORY OF ..... (Name Of
12 District Or Districts All Of
13 Whose Territory Is To Be Annexed)
14 NOTICE is hereby given that on the .... day of ....,
15 19 ..., a referendum will be held in part(s) of ......
16 County (Counties) for the purpose of voting for or
17 against the proposition to annex all of the territory
18 comprising ..... (name of each such school district) of
19 ....... County, Illinois to ..... (name of annexing
20 school district) of ...... County, Illinois.
21 The territory which now comprises all of the
22 territory of ..... (name of the school district or
23 districts) of ...... County, Illinois, which territory is
24 the same as the territory which is proposed to be annexed
25 to ..... (name of annexing school district) of .......
26 County, Illinois, is described as follows: (Here describe
27 such territory.)
28 The territory which now comprises ..... (name of
29 annexing school district) of ....... County, Illinois,
30 which district it is proposed shall annex the territory
31 above described in this Notice, is described as follows:
32 (Here describe such territory.)
33 The election is called and will be held pursuant to
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1 an order of the regional board of school trustees (or,
2 State Superintendent of Education) dated on the .... day
3 of ...., 19 ...., which order states that the change of
4 boundaries pursuant to the annexation granted or approved
5 by the order shall be made if a majority of those voters
6 in each of the affected school districts who vote on the
7 proposition at the election vote in favor thereof.
8 Dated this ..... day of ...., 19.....
9 Regional Board of School Trustees (or State
10 Superintendent of Education)
11 By....................................
12 (105 ILCS 5/7-7.6 new)
13 Sec. 7-7.6. Ballots. The ballot shall be in
14 substantially the following form:
15 OFFICIAL BALLOT
16 -------------------------------------------------------------
17 Shall the following described territory
18 comprising all of the territory
19 of ..... (name of school district or YES
20 districts) of ...... County, Illinois
21 be annexed to and made a part of ..... --------------------
22 (name of annexing school district)
23 of ....... County, Illinois? NO
24 (Here describe such territory.)
25 -------------------------------------------------------------
26 (105 ILCS 5/7-7.7 new)
27 Sec. 7-7.7. Passage requirements. The proposition for
28 the annexation of all of the territory of one or more school
29 districts to another school district shall be submitted to
30 the voters of the annexing district and the voters of each
31 district all of the territory of which is to be annexed to
32 the annexing district, and if a majority of the voters in
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1 each such district who vote on the proposition vote in favor
2 of the proposition, the proposition shall be deemed to have
3 passed.
4 (105 ILCS 5/7-9) (from Ch. 122, par. 7-9)
5 Sec. 7-9. Effective date of change. In case a petition is
6 filed for the creation of or the change of boundaries of or
7 for an election to vote upon a the proposition of creating or
8 annexing territory to a any school district after August 1,
9 as provided in this Article, and the change is granted or the
10 election carries, and no appeal is taken such change shall
11 become effective after the time for appeal has run for the
12 purpose of all elections; however, the change shall not
13 affect the administration of the schools until July 1
14 following the date the petition is granted or upon which the
15 election is held and the school boards of the districts as
16 they existed prior to the change shall exercise the same
17 power and authority over such territory until such date;
18 however, new districts shall be permitted to organize and
19 elect officers within the time prescribed by the general
20 election law.
21 In the event that the granting of a petition has become
22 final, either through failure to seek Administrative Review
23 or by the final decision of a court on review, the change in
24 boundaries shall become effective forthwith. However, if the
25 granting of the petition becomes final between September 1
26 and June 30 of any year, the administration of and attendance
27 at the schools shall not be affected until the following July
28 1, when the change in boundaries shall become effective for
29 all purposes. After the granting of a petition has become
30 final, the date when the change shall become effective for
31 purposes of administration and attendance may be accelerated
32 or postponed by stipulation of each of the school boards of
33 each district affected and approved by the regional board of
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1 school trustees or by the board of a special charter district
2 with which the original petition is required to be filed.
3 (Source: P.A. 81-1550.)