State of Illinois
90th General Assembly
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[ Senate Amendment 001 ]

90_HB2560eng

      SEE INDEX
          Amends the Election Code and the School Code.   Abolishes
      the  regional board of school trustees in educational service
      regions of fewer than 2,000,000  inhabitants  effective  upon
      the  first Monday in December, 2003.  Provides that no person
      shall be elected to fill the office of member of  a  regional
      board of school trustees at any election held on or after the
      amendatory Act's immediate effective date.  Extends until the
      first  Monday  in  December,  2003  the  term  of each person
      serving as a member of the regional board of school  trustees
      on  the  amendatory  Act's  effective  date  whose term is to
      expire before that first Monday.  Provides that if a  hearing
      on  a petition for a change in school district boundaries has
      already been commenced before but has not yet been  completed
      by  a regional board of school trustees on the date the board
      is to be abolished, the terms of the members  of  that  board
      are  again  extended  and  the board is not abolished until a
      final administrative decision  is  reached  by  the  regional
      board  of  school  trustees  or  it loses jurisdiction of the
      case, whichever first  occurs.  Provides  that  the  regional
      superintendent  of  schools  of an educational service region
      that has fewer than 2,000,000 inhabitants and  in  which  the
      regional  board of school trustees is abolished shall succeed
      to all rights, powers, duties, and responsibilities exercised
      by  the  regional  board  of  school  trustees   before   its
      abolition,   including   all   rights,  powers,  duties,  and
      responsibilities exercised by the former  regional  board  of
      school   trustees  in  school  boundary  change  proceedings.
      Provides that  the  decision  in  a  school  boundary  change
      proceeding  made  by a regional superintendent of schools (as
      successor to an abolished regional board of school  trustees)
      is an administrative decision for purposes of judicial review
      under the Administrative Review Law.  Effective immediately.
                                                     LRB9008401THpk
HB2560 Engrossed                               LRB9008401THpk
 1        AN ACT relating to education, amending named Acts.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 5.  The Election  Code  is  amended  by  changing
 5    Sections 2A-1.2 and 2A-50 as follows:
 6        (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
 7        Sec.   2A-1.2.  Consolidated   Schedule  of  Elections  -
 8    Offices Designated.
 9        (a)  At  the  general   election   in   the   appropriate
10    even-numbered years, the following offices shall be filled or
11    shall be on the ballot as otherwise required by this Code:
12             (1)  Elector  of President and Vice President of the
13        United States;
14             (2)  United  States  Senator   and   United   States
15        Representative;
16             (3)  State Executive Branch elected officers;
17             (4)  State Senator and State Representative;
18             (5)  County   elected  officers,  including  State's
19        Attorney, County Board member, County Commissioners,  and
20        elected  President  of  the  County Board or County Chief
21        Executive;
22             (6)  Circuit Court Clerk;
23             (7)  Regional Superintendent of Schools,  except  in
24        counties  or  educational  service  regions in which that
25        office has been abolished;
26             (8)  Judges of the Supreme,  Appellate  and  Circuit
27        Courts,  on  the question of retention, to fill vacancies
28        and newly created judicial offices;
29             (9)  (Blank);
30             (10)  Trustee of the Metropolitan Sanitary  District
31        of   Chicago,  and  elected  Trustee  of  other  Sanitary
HB2560 Engrossed            -2-                LRB9008401THpk
 1        Districts;
 2             (11)  Special   District   elected   officers,   not
 3        otherwise designated in this Section, where  the  statute
 4        creating  or  authorizing  the  creation  of the district
 5        requires an  annual  election  and  permits  or  requires
 6        election of candidates of political parties.
 7        (b)  At the general primary election:
 8             (1)  in   each   even-numbered  year  candidates  of
 9        political parties shall be nominated for those offices to
10        be filled at the general election in  that  year,  except
11        where   pursuant  to  law  nomination  of  candidates  of
12        political parties is made by caucus.
13             (2)  in  the  appropriate  even-numbered  years  the
14        political party offices of  State  central  committeeman,
15        township  committeeman,  ward  committeeman, and precinct
16        committeeman shall be filled and delegates and  alternate
17        delegates to the National nominating conventions shall be
18        elected as may be required pursuant to this Code.  In the
19        even-numbered  years  in which a Presidential election is
20        to be held, candidates  in  the  Presidential  preference
21        primary shall also be on the ballot.
22             (3)  in   each   even-numbered   year,   where   the
23        municipality  has  provided for annual elections to elect
24        municipal officers pursuant to Section 6(f) or Section  7
25        of  Article  VII  of  the  Constitution,  pursuant to the
26        Illinois Municipal Code  or  pursuant  to  the  municipal
27        charter,  the offices of such municipal officers shall be
28        filled at an election held on the  date  of  the  general
29        primary  election,  provided  that the municipal election
30        shall be a nonpartisan election  where  required  by  the
31        Illinois   Municipal   Code.    For   partisan  municipal
32        elections in even-numbered years, a primary  to  nominate
33        candidates  for  municipal  office  to  be elected at the
34        general primary election shall be held on the  Tuesday  6
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 1        weeks preceding that election.
 2             (4)  in  each  school district which has adopted the
 3        provisions of Article 33 of the School  Code,  successors
 4        to  the  members  of  the  board of education whose terms
 5        expire in the year in which the general primary  is  held
 6        shall be elected.
 7        (c)  At  the  consolidated  election  in  the appropriate
 8    odd-numbered years, the following offices shall be filled:
 9             (1)  Municipal   officers,    provided    that    in
10        municipalities  in which candidates for alderman or other
11        municipal  office  are  not  permitted  by  law   to   be
12        candidates  of  political  parties,  the  runoff election
13        where required by law, or the nonpartisan election  where
14        required  by  law,  shall  be  held  on  the  date of the
15        consolidated election; and provided further, in the  case
16        of  municipal  officers  provided  for  by  an  ordinance
17        providing  the  form  of  government  of the municipality
18        pursuant to Section 7 of Article VII of the Constitution,
19        such offices shall be filled by  election  or  by  runoff
20        election as may be provided by such ordinance;
21             (2)  Village    and    incorporated   town   library
22        directors;
23             (3)  City boards of stadium commissioners;
24             (4)  Commissioners of park districts;
25             (5)  Trustees of public library districts;
26             (6)  Special   District   elected   officers,    not
27        otherwise  designated  in this section, where the statute
28        creating or authorizing  the  creation  of  the  district
29        permits  or  requires election of candidates of political
30        parties;
31             (7)  Township  officers,  including  township   park
32        commissioners,  township library directors, and boards of
33        managers  of  community  buildings,  and   Multi-Township
34        Assessors;
HB2560 Engrossed            -4-                LRB9008401THpk
 1             (8)  Highway commissioners and road district clerks;
 2             (9)  Members  of  school  boards in school districts
 3        which adopt Article 33 of the School Code;
 4             (10)  The directors and  chairman  of  the  Chain  O
 5        Lakes - Fox River Waterway Management Agency;
 6             (11)  Forest preserve district commissioners elected
 7        under  Section  3.5  of  the  Downstate  Forest  Preserve
 8        District Act;
 9             (12)  Elected   members  of  school  boards,  school
10        trustees,  directors  of  boards  of  school   directors,
11        trustees  of  regional  county  boards of school trustees
12        (except in counties or educational service regions having
13        a population of 2,000,000 or more inhabitants or in which
14        the regional board of school trustees has been  abolished
15        or  in  which  members  of  the  regional board of school
16        trustees  no  longer  may  be  elected  as  provided   in
17        paragraph  (2)  of  subsection  (a) of Section 6-2 of the
18        School Code), and members of boards of school inspectors,
19        except school  boards  in  school  districts  that  adopt
20        Article 33 of the School Code;
21             (13)  Members of Community College district boards;
22             (14)  Trustees of Fire Protection Districts;
23             (15)  Commissioners  of the Springfield Metropolitan
24        Exposition and Auditorium Authority;
25             (16)  Elected Trustees  of  Tuberculosis  Sanitarium
26        Districts;
27             (17)  Elected  Officers  of  special  districts  not
28        otherwise  designated  in  this Section for which the law
29        governing those districts does not permit  candidates  of
30        political parties.
31        (d)  At   the   consolidated  primary  election  in  each
32    odd-numbered year, candidates of political parties  shall  be
33    nominated  for those offices to be filled at the consolidated
34    election  in  that  year,  except  where  pursuant   to   law
HB2560 Engrossed            -5-                LRB9008401THpk
 1    nomination  of  candidates  of  political  parties is made by
 2    caucus, and except those offices listed  in  paragraphs  (12)
 3    through (17) of subsection (c).
 4        At  the  consolidated primary election in the appropriate
 5    odd-numbered years, the mayor, clerk, treasurer, and aldermen
 6    shall be elected in municipalities in  which  candidates  for
 7    mayor, clerk, treasurer, or alderman are not permitted by law
 8    to  be  candidates  of  political  parties, subject to runoff
 9    elections to be held at the consolidated election as  may  be
10    required by law, and municipal officers shall be nominated in
11    a nonpartisan election in municipalities in which pursuant to
12    law  candidates  for  such  office  are  not  permitted to be
13    candidates of political parties.
14        At the consolidated primary election in  the  appropriate
15    odd-numbered  years, municipal officers shall be nominated or
16    elected, or elected subject to a runoff, as may  be  provided
17    by  an  ordinance  providing  a  form  of  government  of the
18    municipality pursuant to Section 7  of  Article  VII  of  the
19    Constitution.
20        (e)  (Blank).
21        (f)  At  any  election  established  in  Section  2A-1.1,
22    public  questions may be submitted to voters pursuant to this
23    Code  and  any  special  election   otherwise   required   or
24    authorized by law or by court order may be conducted pursuant
25    to this Code.
26        Notwithstanding   the   regular  dates  for  election  of
27    officers established in this Article, whenever  a  referendum
28    is  held  for  the  establishment  of a political subdivision
29    whose officers are to be elected, the initial officers  shall
30    be  elected  at the election at which such referendum is held
31    if otherwise so provided by law.  In such cases, the election
32    of the initial officers shall be subject to the referendum.
33        Notwithstanding  the  regular  dates  for   election   of
34    officials  established in this Article, any community college
HB2560 Engrossed            -6-                LRB9008401THpk
 1    district which becomes effective by operation of law pursuant
 2    to Section 6-6.1 of the Public Community College Act, as  now
 3    or  hereafter amended, shall elect the initial district board
 4    members at the next regularly  scheduled  election  following
 5    the effective date of the new district.
 6        (g)  At any election established in Section 2A-1.1, if in
 7    any  precinct  there  are  no  offices  or  public  questions
 8    required to be on the ballot under this Code then no election
 9    shall be held in the precinct on that date.
10        (h)  There  may  be  conducted a referendum in accordance
11    with the provisions of Division 6-4 of the Counties Code.
12    (Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96;  89-626,
13    eff. 8-9-96; 90-358, eff. 1-1-98.)
14        (10 ILCS 5/2A-50) (from Ch. 46, par. 2A-50)
15        Sec.  2A-50.  Regional Board of School Trustees - Trustee
16    - Time of Election. Except  in  educational  service  regions
17    having  a  population  of  2,000,000  or more inhabitants and
18    except in educational service regions in which  the  regional
19    board  of  school  trustees  has  been  abolished or in which
20    members of the regional board of school  trustees  no  longer
21    may be elected as provided in paragraph (2) of subsection (a)
22    of  Section  6-2  of the School Code, a trustee of a regional
23    board of school trustees shall be elected at the consolidated
24    election to succeed each incumbent trustee  whose  term  ends
25    before the following consolidated election.
26    (Source: P.A. 90-358, eff. 1-1-98.)
27        Section  15.   The  School  Code  is  amended by changing
28    Sections 3-2.5, 6-1, 6-2, 6-3, 6-4, 6-10, 6-11,  6-17,  6-18,
29    6-19, 7-01, 7-04, and 7-7 and adding Section 7-05 as follows:
30        (105 ILCS 5/3-2.5)
31        Sec. 3-2.5. Salaries.
HB2560 Engrossed            -7-                LRB9008401THpk
 1        (a)  Except  as otherwise provided in subsection (b), the
 2    regional superintendents of schools shall receive  for  their
 3    services  an  annual  salary  according to the population, as
 4    determined by the  last  preceding  federal  census,  of  the
 5    region  they  serve,  as  follows  set  out  in the following
 6    schedule:
 7           SALARIES OF REGIONAL SUPERINTENDENTS OF SCHOOLS
 8               UNTIL THE FIRST MONDAY OF AUGUST, 1999
 9        POPULATION OF REGION                        ANNUAL SALARY
10        Less than 48,000                                  $66,000
11        48,000 to 99,999                                  $70,500
12        100,000 to 999,999                                $74,000
13        1,000,000 and over                                $76,000
14        Effective on the first Monday of August, 1999 and on July
15    1 of  every  year  thereafter:  regional  superintendents  of
16    schools of an educational service region with a population of
17    500,000  or more inhabitants shall receive for their services
18    an annual salary equal to  the  mean  salary  of  all  school
19    district  superintendents  in  the  State, as determined each
20    year by the State Board of Education under Section 2-3.103 of
21    the School Code for the school year  that  commences  in  the
22    calendar  year  immediately  preceding  the  calendar year in
23    which the first payment of the annual salary being determined
24    is  to  be  made;  regional  superintendents  of  schools  in
25    educational  service  regions   with   100,000   to   499,999
26    inhabitants shall receive for their services an annual salary
27    equal to 95% of the annual salary as determined each year for
28    regional  superintendents  of  schools in educational service
29    regions  with  500,000  or  more  inhabitants;  and  regional
30    superintendents of schools  in  educational  service  regions
31    with  fewer  than 100,000 inhabitants shall receive for their
32    services an annual salary equal to 90% of the  annual  salary
33    as  determined  each  year  for  regional  superintendents of
34    schools in educational service regions with 500,000  or  more
HB2560 Engrossed            -8-                LRB9008401THpk
 1    inhabitants.
 2        The changes made by Public Act 86-98 in the annual salary
 3    that  the  regional  superintendents of schools shall receive
 4    for their services shall apply to the annual salary  received
 5    by  the  regional  superintendents  of schools during each of
 6    their elected terms of office that commence  after  July  26,
 7    1989 and before the first Monday of August, 1995.
 8        The  changes  made  by  Public  Act  89-225 in the annual
 9    salary that regional superintendents of schools shall receive
10    for their services shall apply to the annual salary  received
11    by  the  regional  superintendents  of schools during each of
12    their elected terms of office that commence after  August  4,
13    1995.
14        When  regional  superintendents  are  authorized  by  the
15    School  Code  to  appoint assistant regional superintendents,
16    the assistant regional superintendent shall receive an annual
17    salary  based  on  his  qualifications  and  computed  as   a
18    percentage  of  the  salary of the regional superintendent to
19    whom he is assistant, as set out in the following schedule:
20    SALARIES OF ASSISTANT REGIONAL SUPERINTENDENTS
21        QUALIFICATIONS OF                    PERCENTAGE OF SALARY
22        ASSISTANT REGIONAL                            OF REGIONAL
23        SUPERINTENDENT                             SUPERINTENDENT
24        No Bachelor's degree, but
25        State certificate valid                             70%
26        for teaching and
27        supervising.
28        Bachelor's degree plus
29        State certificate valid                             75%
30        for supervising.
31        Master's degree plus
32        State certificate valid                             90%
33        for supervising.
34        However, in any region in which the appointment  of  more
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 1    than  one  assistant  regional  superintendent is authorized,
 2    whether by Section 3-15.10 of this  Code  or  otherwise,  not
 3    more  than  one  assistant may be compensated at the 90% rate
 4    and any other assistant shall be paid at  not  exceeding  the
 5    75% rate, in each case depending on the qualifications of the
 6    assistant.
 7        The  salaries  provided  in  this  Section  for  regional
 8    superintendents  and  assistant regional superintendents  are
 9    payable monthly from  the  Common  School  Fund.   The  State
10    Comptroller  in  making  his or her warrant to any county for
11    the amount due it from the Common School  Fund  shall  deduct
12    from  it  the  several  amounts  for which warrants have been
13    issued to the  regional  superintendent,  and  any  assistant
14    regional  superintendent,  of  the educational service region
15    encompassing the county since the preceding apportionment  of
16    the Common School Fund.
17        County boards may provide for additional compensation for
18    the   regional   superintendent  or  the  assistant  regional
19    superintendents, or for each of them, to  be  paid  quarterly
20    from the county treasury.
21        (b)  Upon  abolition  on  July  1, 1994, of the office of
22    regional superintendent of  schools  in  educational  service
23    regions  containing 2,000,000 or more inhabitants as provided
24    in Section 3-0.01 of this Code, the provisions of  subsection
25    (a)  of this Section shall no longer apply in any educational
26    service region in which the office of regional superintendent
27    of  schools  is  so  abolished,  and  no  salary   or   other
28    compensation  shall  be  payable under that subsection (a) or
29    under any other provision of this Section with respect to the
30    office so abolished or with respect to any assistant position
31    to the office so abolished.
32    (Source: P.A. 89-233, eff. 1-1-96; incorporates 89-225,  eff.
33    8-4-95; 89-626, eff. 8-9-96.)
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 1        (105 ILCS 5/6-1) (from Ch. 122, par. 6-1)
 2        Sec. 6-1. Fractional townships of less than 200 persons.
 3        Each  congressional  township  is  a  township for school
 4    purposes. When a fractional congressional  township  contains
 5    fewer  than  200  persons  under  21 years of age and has not
 6    heretofore been united with any township for school  purposes
 7    it  is  hereby  attached  for school purposes to the adjacent
 8    congressional township having the  longest  territorial  line
 9    bordering on such fractional township, and all the provisions
10    of this Article shall apply to such united townships shall be
11    treated  for school purposes the same as though they were one
12    township.
13    (Source: Laws 1961, p. 31.)
14        (105 ILCS 5/6-2) (from Ch. 122, par. 6-2)
15        Sec. 6-2. Regional board; creation; membership; abolition
16    and transfer of duties.
17        (a)  There is created a regional board of school trustees
18    for  that  territory  in  each  educational  service   region
19    exclusive  of  any school district organized under Article 34
20    and exclusive of any school district whose school  board  has
21    been given the powers of school trustees; provided that:
22             (1)  On the effective date of this amendatory Act of
23        1992  the  regional  board of school trustees theretofore
24        created and existing for any territory in an  educational
25        service  region  containing 2,000,000 or more inhabitants
26        is abolished, the terms of office of all members  of  the
27        regional  board  of  school  trustees  so  abolished  are
28        terminated  on  that  effective  date, and from and after
29        that effective  date  all  rights,  powers,  duties,  and
30        responsibilities  that  were vested in or required by law
31        to be exercised and  performed  by  the  former  regional
32        board of school trustees shall be vested in and exercised
33        and  performed  by  the successors to the former regional
HB2560 Engrossed            -11-               LRB9008401THpk
 1        board of school trustees as provided in subsection (b) of
 2        this Section 6-2.
 3             (2)  The regional board of school  trustees  for  an
 4        educational   service   region   containing   fewer  than
 5        2,000,000 inhabitants may be  abolished  as  provided  in
 6        this   paragraph.    If   all  of  the  territory  of  an
 7        educational service region is located entirely within one
 8        county, the regional board of school  trustees  for  that
 9        single county educational service region may be abolished
10        by  a  resolution  adopted by a vote of a majority of the
11        members of the county  board  of  that  county.   If  the
12        territory  of an educational service region is located in
13        more than  one  county,  the  regional  board  of  school
14        trustees  for that multicounty educational service region
15        may be abolished by resolution adopted by  a  vote  of  a
16        majority  of  the members of the county boards of each of
17        the counties in which the territory of  that  educational
18        service  region  is  located.   Notwithstanding any other
19        provisions of this paragraph, a county board may not vote
20        upon or adopt a resolution to abolish a regional board of
21        school trustees until at least 30  days  after  a  public
22        announcement   is   made  by  the  county  board  that  a
23        resolution  to  abolish  the  regional  board  of  school
24        trustees will be included  on  the  agenda  of  a  public
25        meeting  of  the  county  board to be held on a specified
26        future date, during which meeting the resolution is to be
27        voted upon.  Newspaper publication notice of the required
28        public announcement is not required, and the announcement
29        may be made by the person serving as chairperson  of  the
30        county  board  at  a  public meeting of the board stating
31        publicly for the record, to be recorded in the minutes of
32        the meeting, that the resolution to abolish the  regional
33        board  of  school  trustees  will be considered and voted
34        upon at a public meeting of the county board to  be  held
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 1        on  a  specified date at least 30 days in the future.  No
 2        person shall be elected to fill the office of member of a
 3        regional board of school  trustees  of  a  single  county
 4        educational  service  region  at  any election held on or
 5        after the date on which the county board of the county in
 6        which all of the territory of  that  educational  service
 7        region  is  located,  at  least  30 days after the public
 8        announcement required by this paragraph is made, adopts a
 9        resolution by a vote of a majority of the members of  the
10        county board of that county to abolish the regional board
11        of  school  trustees  of that educational service region.
12        No person shall be elected to fill the office  of  member
13        of  a  regional board of school trustees of a multicounty
14        educational service region at any  election  held  on  or
15        after the date by which all of the county boards of those
16        counties  in  which  any  part  of  the territory of that
17        multicounty educational service  region  is  located,  at
18        least  30  days  after  making  their  respective  public
19        announcements as required by this paragraph, have adopted
20        a  resolution by a vote of a majority of their respective
21        members to abolish the regional board of school  trustees
22        of  that  multicounty  educational  service  region.  The
23        regional  board  of  school  trustees  of  a  multicounty
24        educational service region may not  be  abolished  unless
25        all  of  the  county boards for the counties in which any
26        part of the  territory  of  the  multicounty  educational
27        service  region  is located adopt a resolution to abolish
28        that regional board of school trustees in accordance with
29        the requirements of  this  paragraph.   If  the  required
30        resolution  or  resolutions to abolish the regional board
31        of school trustees of  a  single  county  or  multicounty
32        educational  service  region  are  adopted as provided in
33        this paragraph:  (i) the term of each incumbent member of
34        that regional board of school  trustees  serving  on  the
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 1        date on and after which members of that regional board of
 2        school trustees no longer may be elected shall all expire
 3        on the same date that the term of the member last elected
 4        expires  as  provided  by law; (ii) the terms of all such
 5        incumbent members that, but for the  provisions  of  this
 6        amendatory  Act of 1998, would have expired sooner, shall
 7        be extended until the date  on  which  the  term  of  the
 8        incumbent  member  last  elected  expires;  and (iii) the
 9        regional board of  school  trustees  and  the  office  of
10        member  of  a  regional board of school trustees shall be
11        deemed abolished in that educational  service  region  by
12        operation  of law on the date on which the terms of those
13        incumbent members expire as provided in  this  paragraph.
14        However,  if  a  petition for a change in school district
15        boundaries is filed under Article 7, a hearing  or  joint
16        hearing  on  that  petition  before  a  regional board of
17        school trustees that is to be abolished  as  provided  in
18        this  paragraph  (or before that regional board of school
19        trustees  and  another  entity   required   by   law   to
20        participate  in the hearing of that petition) has already
21        been commenced, and a final decision on the petition  has
22        not been reached by the date on which that regional board
23        of school trustees is to be abolished as provided in this
24        paragraph, then the terms of the members of that regional
25        board  of  school  trustees  shall again be extended, and
26        that regional board  of  school  trustees  shall  not  be
27        abolished and the terms of its members terminated until a
28        decision  is  reached  on  the petition that is deemed an
29        administrative decision under Section 3-101 of  the  Code
30        of  Civil Procedure or until the regional board of school
31        trustees loses jurisdiction over the petition as provided
32        in Section 7-6, whichever first occurs.   Upon  abolition
33        of   the   regional   board  of  school  trustees  in  an
34        educational  service   region   containing   fewer   than
HB2560 Engrossed            -14-               LRB9008401THpk
 1        2,000,000  inhabitants as provided in this paragraph, all
 2        rights, powers, duties, and  responsibilities  that  were
 3        vested  in  and  required  by law to be performed by that
 4        former regional board of school trustees shall be  vested
 5        in   and   exercised   and   performed  by  the  regional
 6        superintendent of schools  of  that  educational  service
 7        region  as the successor to that former regional board of
 8        school trustees as provided in  subsection  (c)  of  this
 9        Section.
10        (a-5)  Any  school district whose board of education acts
11    as a board of school trustees shall continue to  have  within
12    its district the powers and duties that are exercised by of a
13    regional  board  of school trustees in an educational service
14    region in which that office has not been abolished.
15        (a-10)  Unless abolished as provided in this Section, the
16    regional board of school trustees, in both single county  and
17    multi-county  educational service regions, shall consist of 7
18    members. In single county regions not more than  one  trustee
19    may be a resident of any one congressional township; however,
20    in case there are fewer than 7 congressional townships in the
21    region  then  not  more  than  two  of  such  trustees may be
22    residents of the same congressional  township.  In  2  county
23    regions  at  least  2  trustees  shall  be  residents of each
24    county. In 3 or more county  regions  at  least  one  trustee
25    shall  be  a resident of each county. If more than 7 counties
26    constitute the educational service region, the regional board
27    of school trustees shall consist  of  one  resident  of  each
28    county.   The  regional  board  of  school  trustees,  unless
29    abolished as provided  in  this  Section,  shall  be  a  body
30    politic  and  corporate  by  the  name  of "Regional Board of
31    School Trustees of....  County  (or  Counties),  Illinois",."
32    Such corporation shall have perpetual existence with power to
33    sue  and  be sued and to plead and be impleaded in all courts
34    and places where judicial proceedings are had.
HB2560 Engrossed            -15-               LRB9008401THpk
 1        (b)  Upon the abolition of the regional board  of  school
 2    trustees  and  the  termination of the terms of office of the
 3    members of that former regional board of school  trustees  in
 4    an  educational  service  region containing 2,000,000 or more
 5    inhabitants as provided in paragraph (1) of  subsection  (a),
 6    the  trustees of schools of each township included within the
 7    territory of that educational service region that was  served
 8    by  the  former  regional board of school trustees, or if any
 9    such township is a township referred to in subsection (b)  of
10    Section  5-1  and  there are no trustees of schools acting in
11    that township then the school board of each  school  district
12    located  in  that  township,  shall  be the successors to the
13    former regional board of school trustees.  As  successors  to
14    the former regional board of school trustees, the trustees of
15    schools  of  each  such township and the school board of each
16    such school district, with respect to all territory  included
17    within  the  school township or school district served by the
18    trustees of schools of the township or school board, shall be
19    vested with  and  shall  exercise  and  perform  all  rights,
20    powers,   duties,   and   responsibilities   formerly   held,
21    exercised,  and  performed  with respect to that territory by
22    the  regional  board  of  school  trustees  abolished   under
23    paragraph (1) of subsection (a) of this Section.
24        Upon  abolition  of the regional board of school trustees
25    in an educational service region  having  2,000,000  or  more
26    inhabitants as provided in paragraph (1) of subsection (a) of
27    this  Section,  all  books, records, maps, papers, documents,
28    equipment, supplies, accounts, deposits, and  other  personal
29    property   belonging   to   or  subject  to  the  control  or
30    disposition of the former regional board of  school  trustees
31    (excepting  only  such items as may have been provided by the
32    county board) shall  be  transferred  and  delivered  to  the
33    trustees  of  schools  of the townships and the school boards
34    that are the successors  to  the  former  regional  board  of
HB2560 Engrossed            -16-               LRB9008401THpk
 1    school  trustees  for  the  territory  included  within their
 2    respective school townships or school districts.
 3        From and after the effective date of this amendatory  Act
 4    of 1992, any reference in the School Code or any other law of
 5    this State to the regional board of school trustees or county
 6    board  of  school  trustees  shall  mean, with respect to all
 7    territory within an  educational  service  region  containing
 8    2,000,000  or  more inhabitants that formerly was served by a
 9    regional board of school trustees abolished  under  paragraph
10    (1)  of  subsection  (a)  of  this  Section,  the trustees of
11    schools of the township or the school  board  of  the  school
12    district  that  is the successor to the former regional board
13    of school trustees with respect  to  the  territory  included
14    within that school township or school district.
15        (c)  If  a regional board of school trustees is abolished
16    in an educational service region as provided in paragraph (2)
17    of subsection (a) of this Section, then  upon  its  abolition
18    and  the  expiration of the terms of office of the members of
19    that  regional  board  of  school  trustees  as  provided  in
20    paragraph (2) of subsection (a), the regional  superintendent
21    of  schools  of  that educational service region shall be the
22    successor to that former regional board of  school  trustees,
23    and in that capacity:
24             (1)  shall  be  vested  with  and shall exercise and
25        perform all rights, powers, duties, and  responsibilities
26        formerly  held,  exercised, and performed with respect to
27        the territory within that educational service  region  by
28        the  regional  board  of  school trustees abolished under
29        paragraph (2) of subsection (a) of this Section;
30             (2)  shall  have,  exercise,  and  perform,  in  all
31        proceedings under Article  7  to  change  by  detachment,
32        annexation,  division, dissolution, or any combination of
33        those methods  the  boundaries  of  any  school  district
34        located  in  the educational service region served by the
HB2560 Engrossed            -17-               LRB9008401THpk
 1        regional superintendent of schools, all  powers,  duties,
 2        and  responsibilities  required  under that Article to be
 3        exercised  and  performed  in  those  proceedings  by   a
 4        regional board of school trustees;
 5             (3)  shall  be  entitled  to  receive  and  hold all
 6        books,  records,  maps,  papers,  documents,   equipment,
 7        supplies, accounts, deposits, and other personal property
 8        belonging  to or subject to the control or disposition of
 9        the former regional board  of  school  trustees  for  the
10        territory of the educational service region served by the
11        regional superintendent of schools; and
12             (4)  shall  hold legal title to, manage, and operate
13        any remaining common school lands and  township  loanable
14        funds of school townships located in a county that has at
15        least  220,000  but  fewer than 2,000,000 inhabitants and
16        that forms all or part of an educational  service  region
17        in  which  the regional board of school trustees has been
18        abolished as provided in paragraph (2) of subsection (a),
19        those common school lands and township loanable funds  to
20        be  held  and  applied  for  the  use  and benefit of the
21        respective   school    townships    by    the    regional
22        superintendent  of schools as the successor to the former
23        regional board of school trustees when acting,  prior  to
24        its  abolition,  as  the  township  land commissioners of
25        those townships.
26        From and after the effective date of this amendatory  Act
27    of 1998, any reference in the School Code or any other law of
28    this State to the regional board of school trustees or county
29    board  of  school  trustees  shall mean, for all purposes and
30    with respect to all territory within an  educational  service
31    region that formerly was served by a regional board of school
32    trustees  abolished  under paragraph (2) of subsection (a) of
33    this Section, the regional superintendent of schools of  that
34    educational  service  region, as the successor to all rights,
HB2560 Engrossed            -18-               LRB9008401THpk
 1    powers, duties, and responsibilities of the  former  regional
 2    board  of school trustees in that educational service region;
 3    and any reference in the School Code  to  the  township  land
 4    commissioners in a county that has at least 220,000 but fewer
 5    than  2,000,000 inhabitants and that formerly was served by a
 6    regional board of school trustees abolished  under  paragraph
 7    (2) of subsection (a) of this Section shall mean and refer to
 8    the  regional  superintendent  of  schools of the educational
 9    service region in which that county is located, as  successor
10    to  the former regional board of school trustees when acting,
11    prior to its abolition, as  township  land  commissioners  in
12    that county.
13    (Source: P.A. 87-969.)
14        (105 ILCS 5/6-3) (from Ch. 122, par. 6-3)
15        Sec. 6-3. Eligibility for trustee's office.
16        No  person  shall be eligible for to the office of member
17    of the regional board of school trustees who is not  a  voter
18    of the educational service region and, in educational service
19    regions  in  which  members  of  the regional board of school
20    trustees are still elected, qualified to vote in the election
21    for members of the regional board of school trustees, or  who
22    is  a  member  of  a  school  board, or who is a school board
23    employee, or who holds any county office.
24    (Source: P.A. 78-514.)
25        (105 ILCS 5/6-4) (from Ch. 122, par. 6-4)
26        Sec. 6-4. Election date.   Except  in  those  educational
27    service  regions  in  which  members of the regional board of
28    school trustees no longer may be  elected  or  in  which  the
29    regional  board  of  school  trustees  has  been abolished as
30    provided in subsection (a) of Section 6-2, members of  a  the
31    regional  board  of  school  trustees shall be elected at the
32    regular election specified in the  general  election  law  in
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 1    each odd-numbered year.
 2    (Source: P.A. 81-1490.)
 3        (105 ILCS 5/6-10) (from Ch. 122, par. 6-10)
 4        Sec.   6-10.   Nominating  petition.  The  nomination  of
 5    candidates for  members  of  the  regional  board  of  school
 6    trustees  in  those single county or multi-county educational
 7    service regions in which members of  the  regional  board  of
 8    school trustees are to be elected shall be made by a petition
 9    filed  with  the county clerk, in the case of a single county
10    region, and, in the case of  multi-county  regions  with  the
11    State  Board  of  Elections  and signed by at least 50 voters
12    qualified to  vote  at  the  election.  In  addition  to  the
13    requirements  of the general election law, the petition shall
14    specify the county and township (or  road  district)  of  the
15    candidate's residence.
16        Nomination  papers filed under this Section are not valid
17    unless the candidate named  therein  files  with  the  county
18    clerk  or  State  Board  of Elections a statement of economic
19    interests as required by  the  Illinois  Governmental  Ethics
20    Act.  Such receipt shall be so filed either previously during
21    the  calendar  year in which his nomination papers were filed
22    or within the period for the filing of nomination  papers  in
23    accordance with the general election law.
24        A  candidate  for  membership  on  the  regional board of
25    school trustees, who has petitioned for nomination to fill  a
26    full  term  and to fill a vacant term to be voted upon at the
27    same  election,  must  withdraw  his  or  her  petition   for
28    nomination  to  the  regional  board  of school trustees from
29    either  the  full  term  or  the  vacant  term   by   written
30    declaration,  within  the  time and in the manner provided by
31    the general election law.
32    (Source: P.A. 81-1490.)
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 1        (105 ILCS 5/6-11) (from Ch. 122, par. 6-11)
 2        Sec. 6-11. Maps  of  townships  and  regions.   In  those
 3    educational  service  regions  in which members of a regional
 4    board of school trustees are to be elected,  there  shall  be
 5    posted  in  a  conspicuous place at each polling place on the
 6    day of election a map showing the congressional townships  of
 7    the county, or where appropriate, showing the counties of the
 8    educational  service  region.   The  Regional  Superintendent
 9    shall   supply   sufficient   copies  of  such  maps  to  the
10    appropriate election authorities for election day use.
11    (Source: P.A. 81-1490.)
12        (105 ILCS 5/6-17) (from Ch. 122, par. 6-17)
13        Sec. 6-17. Election of  president  -  Terms  of  members.
14    Except as otherwise provided in Section 2A-54 of the Election
15    Code,  On  the  first  Monday  in  May,  following  the first
16    election, or if such day is a holiday then the next day,  the
17    regional   superintendent   of  schools,  who  shall  be  the
18    ex-officio secretary of the board until it  is  abolished  as
19    provided  in  Section  6-2,  shall  convene the newly elected
20    regional  board  of  school  trustees  for  the  purpose   of
21    organization.   Except  as  provided  in Section 2A-54 of the
22    Election Code, at this meeting  the  members  shall  elect  a
23    president   from  among  their  number  who  shall  serve  as
24    president for a term of 2 years and shall  determine  by  lot
25    the  length  of the term of each member so that 2 shall serve
26    for a term of 2 years, 2 for 4 years and 3 for 6  years  from
27    the  first  Monday  of  the month following the date of their
28    election. Except as provided in Section 2A-54 of the Election
29    Code, thereafter members shall be elected to serve for a term
30    of 6 years from the first Monday of the month  following  the
31    date  of their election or until their successors are elected
32    and qualified.
33        All succeeding meetings for the purpose  of  organization
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 1    shall  be  held  on  the  first  Monday  in May following the
 2    election; however, in case the  first  Monday  in  May  is  a
 3    holiday  the  organization  meeting shall be held on the next
 4    day.
 5        If educational service  regions  are  consolidated  under
 6    Section 3A-3 or 3A-4 of this Act, however, the expiring terms
 7    of members of each regional board of school trustees in those
 8    regions  being  consolidated  shall  be    extended  so as to
 9    terminate on the first Monday of  August  of  the  year  that
10    consolidation  takes  effect,  as  defined in Section 3A-5 of
11    this Act, and, on such day, the  regional  superintendent  of
12    the consolidated region shall convene all the members of each
13    regional board of school trustees in the consolidated region,
14    and  shall  by lot select from among such trustees an interim
15    regional board of school trustees for the consolidated region
16    in accord  with  the  specifications  as  to  membership  and
17    residency  in  Section  6-2.   The  interim board so selected
18    shall  serve  until  their  successors  are  elected  at  the
19    succeeding regular election of regional school  trustees  and
20    have  qualified.  A  single regional board of school trustees
21    shall be elected at such succeeding regular election to  take
22    office  on  the  first  Monday  of  the  month following such
23    election.  The board  elected  for  the  consolidated  region
24    shall be convened on such first Monday of the month following
25    such   election  for  organizational  purposes,  to  elect  a
26    president and determine terms  for  its  members  by  lot  as
27    provided  in  this Section. The respective regional boards of
28    school trustees of educational service  regions  involved  in
29    consolidations  under  Section  3A-3  or  3A-4 shall cease to
30    exist at the time the  board  elected  for  the  consolidated
31    region is so organized.
32        The   provisions   of   this   Section  relating  to  the
33    organization  and  the  election  and  terms  of  members  of
34    regional boards  of  school  trustees  do  not  apply  in  an
HB2560 Engrossed            -22-               LRB9008401THpk
 1    educational  service  region  in  which the regional board of
 2    school trustees has been abolished or in which members of the
 3    regional board of school trustees no longer may be elected as
 4    provided in paragraph (2) of subsection (a) of Section 6-2.
 5    (Source: P.A. 90-358, eff. 1-1-98.)
 6        (105 ILCS 5/6-18) (from Ch. 122, par. 6-18)
 7        Sec. 6-18. Meeting dates - Place - Quorum.   Unless it is
 8    abolished as provided in Section 6-2, the regional  board  of
 9    school  trustees  shall  hold  regular  meetings on the first
10    Monday of July, October, January and April; however, in  case
11    the  first  Monday  of  any  of these months falls on a legal
12    holiday the regular meeting shall be held on  the  next  day.
13    With  appropriate  public  notice,  the  board may cancel its
14    regular quarterly meeting if no issues for action  have  been
15    presented to the board and it has no pending business.
16        All  regular  meetings  of the board shall be held at the
17    office of the regional superintendent.
18        Special meetings may be called by the president or  by  4
19    members  of  the  board by giving a 48-hour written notice of
20    the meeting stating the time and place of the meeting and the
21    purpose thereof.  Public notice  of  meetings  must  also  be
22    given  as  prescribed  in  Sections 2.02 and 2.03 of the Open
23    Meetings Act.
24        A majority of the members  elected  to  the  board  shall
25    constitute  a  quorum.   Unless otherwise provided a majority
26    vote of all the board shall be required to decide a measure.
27    (Source: P.A. 89-106, eff. 7-7-95.)
28        (105 ILCS 5/6-19) (from Ch. 122, par. 6-19)
29        Sec. 6-19. Vacancy on regional board. Any vacancy on  the
30    regional  board  of  school trustees shall be filled from the
31    same territory  by  the  remaining  members  until  the  next
32    regular  election for members of the regional board of school
HB2560 Engrossed            -23-               LRB9008401THpk
 1    trustees, when the vacancy shall be filled for the  unexpired
 2    time.  However,  in  an  educational  service region in which
 3    members of the regional  board  of  school  trustees  may  no
 4    longer  be elected as provided in paragraph (2) of subsection
 5    (a) of Section 6-2, a vacancy on the regional board of school
 6    trustees shall be filled by the remaining  members  from  the
 7    same  territory  from  which  the  member in whose office the
 8    vacancy occurs was elected, the person so appointed to  serve
 9    until  the  regional board of school trustees is abolished as
10    provided in paragraph (2) of subsection (a) of  Section  6-2.
11    Removal  of a member from the township from which such member
12    was elected or otherwise selected to fill a  vacancy  into  a
13    township  which  has  its quota of members on the board shall
14    constitute a vacancy.
15    (Source: P.A. 80-1469.)
16        (105 ILCS 5/7-01) (from Ch. 122, par. 7-01)
17        Sec. 7-01. For purposes of this Article 7, "county  board
18    of  school  trustees"  means  the  regional  board  of school
19    trustees elected under Article  6  of  this  Act  (or,  if  a
20    regional board of school trustees is abolished as provided in
21    Section  6-2,  the successor to that former regional board of
22    school trustees as provided in Section  7-04  or  7-05),  and
23    "county"  means  an educational service region, as determined
24    under Article 3A of this Act.
25    (Source: P.  A. 78-514.)
26        (105 ILCS 5/7-04) (from Ch. 122, par. 7-04)
27        Sec. 7-04.  Districts in educational service  regions  of
28    2,000,000 or more inhabitants.
29        (a)  In  all  proceedings under this Article to change by
30    detachment,  annexation,  division,   dissolution,   or   any
31    combination  of  those  methods  the boundaries of any school
32    district  (other  than  a  school  district  organized  under
HB2560 Engrossed            -24-               LRB9008401THpk
 1    Article 34) located  in  an  educational  service  region  of
 2    2,000,000  or more inhabitants in which the regional board of
 3    school trustees is abolished as provided in paragraph (1)  of
 4    subsection (a) of Section 6-2, the trustees of schools of the
 5    township  in  which  that  school district is located, as the
 6    successor under subsection (b) of Section 6-2 to  the  former
 7    regional  board  of  school  trustees  with  respect  to  all
 8    territory  located  in  that  school  township,  shall  have,
 9    exercise,    and    perform    all    powers,   duties,   and
10    responsibilities required under this Article to be  exercised
11    and  performed  in  those  proceedings by a regional board of
12    school  trustees;  provided  that  if  any  school   district
13    affected by those proceedings is located in a school township
14    referred to in subsection (b) of Section 5-1 and there are no
15    trustees  of  schools acting in that township then the school
16    board of any such district, as the successor under subsection
17    (b) of Section 6-2 to the former  regional  board  of  school
18    trustees with respect to the territory comprising that school
19    district,  shall  have,  exercise,  and  perform  all powers,
20    duties, and responsibilities required under this  Article  to
21    be  exercised and performed in those proceedings with respect
22    to the territory of that school district by a regional  board
23    of  school trustees; and provided further that:  (i) when any
24    school district affected by those proceedings is located  not
25    only  in  an  educational service region of 2,000,000 or more
26    inhabitants but also in 2 or more school  townships  in  that
27    region  that  each  have trustees of schools of the township,
28    then the boundaries of that school district  may  be  changed
29    under  this  Article  by  detachment,  annexation,  division,
30    dissolution,  or any combination of those methods only by the
31    concurrent action of, taken following a joint hearing  before
32    the   trustees   of  schools  of  those  townships  (in  that
33    educational service region) in which that school district  is
34    located; and (ii) if any part of the school district referred
HB2560 Engrossed            -25-               LRB9008401THpk
 1    to  in  item  (i)  of  this  subsection   also lies within an
 2    educational service region  that  has  fewer  than  2,000,000
 3    inhabitants   a   regional  board  of  school  trustees,  the
 4    boundaries of that district may be changed under this Article
 5    only by the concurrent action of,  taken  following  a  joint
 6    hearing  before  the  trustees  of  schools  of the townships
 7    referred to in item (i) of this subsection and  the  regional
 8    board  of  school  trustees of the educational service region
 9    referred to in this item (ii) of this subsection (or, if  the
10    regional board of school trustees of that educational service
11    region  has  been  abolished  as provided in paragraph (2) of
12    subsection (a) of Section 6-2, the regional superintendent of
13    schools of that educational service region as  the  successor
14    to  that former regional board of school trustees).  Whenever
15    concurrent action and joint hearings are required under  this
16    subsection,  the  original  petition  shall be filed with the
17    trustees of schools of the township in which the territory or
18    greatest portion of the territory being detached is  located,
19    or  if  the  territory  is  being detached from more than one
20    educational service region then with the  regional  board  of
21    school  trustees  of the region or the trustees of schools of
22    the township in which the territory or  greatest  portion  of
23    the  territory being detached is located. Whenever a regional
24    superintendent of schools acting in his or  her  capacity  as
25    successor  to  a  regional  board  of school trustees that is
26    abolished under paragraph (2) of subsection  (a)  of  Section
27    6-2  is  one  of the entities before which a joint hearing is
28    required to be held by this subsection or any other provision
29    of this Article, the vote of that regional superintendent  of
30    schools  shall  be equivalent to and accorded the same weight
31    in determining the concurrent action to be taken at  and  the
32    decision  to  be made following the joint hearing as the vote
33    of a majority of the trustees of schools of a township  or  a
34    majority  of  the  members  of  a  regional  board  of school
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 1    trustees or school board whose concurrent action is  required
 2    for the decision.
 3        (b)  Except  as  otherwise  provided in this Section, all
 4    other  provisions  of  this  Article  shall  apply   to   any
 5    proceedings  under  this  Article to change the boundaries of
 6    any school district located in an educational service  region
 7    having  2,000,000 or more inhabitants in the same manner that
 8    those provisions apply  to  any  proceedings  to  change  the
 9    boundaries  of  any  school  district  located  in  any other
10    educational service region; provided, that any  reference  in
11    those  other  provisions  to  the  regional  board  of school
12    trustees shall mean, with respect to all territory within  an
13    educational  service  region  containing  2,000,000  or  more
14    inhabitants  that  formerly was served by a regional board of
15    school trustees abolished under paragraph (1)  of  subsection
16    (a)  of  Section 6-2, the trustees of schools of the township
17    or the school board  of  the  school  district  that  is  the
18    successor  under  subsection (b) of Section 6-2 to the former
19    regional  board  of  school  trustees  with  respect  to  the
20    territory included within  that  school  township  or  school
21    district.
22    (Source: P.A. 87-969.)
23        (105 ILCS 5/7-05 new)
24        Sec.  7-05.  Districts  in educational service regions of
25    fewer than 2,000,000 inhabitants.
26        (a)  If the regional  board  of  school  trustees  in  an
27    educational   service   region   of   fewer   than  2,000,000
28    inhabitants is abolished as  provided  in  paragraph  (2)  of
29    subsection  (a) of Section 6-2, then in all proceedings under
30    this Article to change by detachment,  annexation,  division,
31    dissolution,   or   any  combination  of  those  methods  the
32    boundaries of any school district located in that educational
33    service region, the regional  superintendent  of  schools  of
HB2560 Engrossed            -27-               LRB9008401THpk
 1    that  educational  service  region,  as  the  successor under
 2    subsection (c) of Section 6-2 to the former regional board of
 3    school trustees with respect to all territory located in that
 4    educational service region, shall have, exercise, and perform
 5    all powers, duties, and responsibilities required under  this
 6    Article to be exercised and performed in those proceedings by
 7    a  regional board of school trustees.  However, if any school
 8    district affected by those proceedings  is  located  in  more
 9    than  one  educational service region, the boundaries of that
10    district may be  changed  under  this  Article  only  by  the
11    concurrent action of, taken following a joint hearing before:
12    (i)   the   regional   superintendent   of  schools  of  each
13    educational service region in which  the  regional  board  of
14    school   trustees   is   abolished  under  paragraph  (2)  of
15    subsection (a) of Section 6-2 and in which any part  of  that
16    district  is  located;  (ii)  the  regional  board  of school
17    trustees of each educational service  region  of  fewer  than
18    2,000,000  inhabitants  in which the regional board of school
19    trustees has not been abolished and in which any part of  the
20    affected  district  is  located;  and  (iii)  if  part of the
21    territory of the affected district  also  is  located  in  an
22    educational   service   region   having   2,000,000  or  more
23    inhabitants, the trustees of schools of the township in  that
24    educational service region in which that part of the affected
25    school  district  is  located  or  the  school  board of that
26    district if there are no township trustees of schools  acting
27    in  that township.  Whenever such concurrent action and joint
28    hearings are required, the original petition shall  be  filed
29    with  the  regional  board of school trustees or the regional
30    superintendent of schools as the successor  to  the  regional
31    board of school trustees of the educational service region in
32    which  the regional superintendent of schools has supervision
33    over the territory or greatest portion of the territory being
34    detached.  Whenever  a  regional  superintendent  of  schools
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 1    acting in his or her capacity  as  successor  to  a  regional
 2    board  of  school  trustees that is abolished under paragraph
 3    (2) of subsection (a) of Section 6-2 is one of  the  entities
 4    before  which  a joint hearing is required to be held by this
 5    subsection or any other provision of this Article,  the  vote
 6    of   that   regional   superintendent  of  schools  shall  be
 7    equivalent to and accorded the same weight in determining the
 8    concurrent action to be taken at and the decision to be  made
 9    following  the joint hearing as the vote of a majority of the
10    trustees of schools of  a  township  or  a  majority  of  the
11    members  of  a  regional  board  of school trustees or school
12    board whose concurrent action is required for the decision.
13        (b)  Except as otherwise provided in  this  Section,  all
14    other   provisions   of  this  Article  shall  apply  to  any
15    proceedings under this Article to change  the  boundaries  of
16    any  school district located in an educational service region
17    having fewer than 2,000,000 inhabitants in  the  same  manner
18    that  those provisions apply to any proceedings to change the
19    boundaries of  any  school  district  located  in  any  other
20    educational  service  region.  However, if the regional board
21    of school trustees in an educational service region of  fewer
22    than  2,000,000  inhabitants  is  abolished  as  provided  in
23    paragraph  (2)  of  subsection  (a)  of Section 6-2, then any
24    reference in those other provisions to the regional board  of
25    school  trustees  shall  mean,  with respect to all territory
26    within  that  educational  service  region  of   fewer   than
27    2,000,000   inhabitants  that  formerly  was  served  by  the
28    regional board of school trustees so abolished, the  regional
29    superintendent of schools of that educational service region.
30        (105 ILCS 5/7-7) (from Ch. 122, par. 7-7)
31        Sec. 7-7.  Administrative Review Law. The decision of the
32    regional  board  of  school  trustees, or the decision of the
33    regional boards of school trustees following a joint  hearing
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 1    (or  the  decision  of  any  successor  or  successors  under
 2    subsection  (b)  or (c) of Section 6-2 of such regional board
 3    or boards of school trustees in the event of the abolition of
 4    any such regional board  or  boards  of  school  trustees  as
 5    provided  in  subsection (a) of Section 6-2), or the decision
 6    of the State Superintendent of Education in cases  determined
 7    pursuant to subsection (l) of Section 7-6, shall be deemed an
 8    "administrative  decision" as defined in Section 3-101 of the
 9    Code of Civil Procedure; and any resident who appears at  the
10    hearing  or  any  petitioner  or  board  of  education of any
11    district affected may within 35 days  after  a  copy  of  the
12    decision  sought to be reviewed was served by registered mail
13    upon the party  affected  thereby  file  a  complaint  for  a
14    judicial  review  of  such  decision  in  accordance with the
15    Administrative Review Law  and  the  rules  adopted  pursuant
16    thereto.  The  commencement of any action for judicial review
17    shall operate as  a  stay  of  enforcement,  and  no  further
18    proceedings  shall  be  had  until  final disposition of such
19    review. If the transcript of the hearing is  required  to  be
20    presented to another regional county board of school trustees
21    or  its successor under subsection (b) or (c) of Section 6-2,
22    the time within which a complaint for review  must  be  filed
23    shall  not  begin  to  run until the decision of the regional
24    board  of  school  trustees  hearing  the  petition  or   its
25    successor has been granted or denied by the regional board of
26    school  trustees or its successor conducting a hearing on the
27    transcript. The circuit court of  the  county  in  which  the
28    petition  is filed with the regional board of school trustees
29    or with its successor under subsection (b) or (c) of  Section
30    6-2 shall have sole jurisdiction to entertain a complaint for
31    such  review  when only one regional board of school trustees
32    or its successor must act; however, when the regional  boards
33    of   school  trustees  or  their  respective  successors  act
34    following a joint hearing, the circuit court of the county in
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 1    which  the  joint  hearing   on  the  original  petition   is
 2    conducted  shall  have sole jurisdiction of the complaint for
 3    such review.
 4    (Source: P.A.  87-210.)
 5        Section 99.  Effective date.  This Act takes effect  upon
 6    becoming law.
HB2560 Engrossed            -31-               LRB9008401THpk
 1                                INDEX
 2               Statutes amended in order of appearance
 3    10 ILCS 5/2A-1.2          from Ch. 46, par. 2A-1.2
 4    10 ILCS 5/2A-50 rep.
 5    105 ILCS 5/6-1            from Ch. 122, par. 6-1
 6    105 ILCS 5/6-2            from Ch. 122, par. 6-2
 7    105 ILCS 5/6-3            from Ch. 122, par. 6-3
 8    105 ILCS 5/6-17           from Ch. 122, par. 6-17
 9    105 ILCS 5/6-18           from Ch. 122, par. 6-18
10    105 ILCS 5/6-19           from Ch. 122, par. 6-19
11    105 ILCS 5/6-20           from Ch. 122, par. 6-20
12    105 ILCS 5/6-21           from Ch. 122, par. 6-21
13    105 ILCS 5/7-01           from Ch. 122, par. 7-01
14    105 ILCS 5/7-04           from Ch. 122, par. 7-04
15    105 ILCS 5/7-05 new
16    105 ILCS 5/7-7            from Ch. 122, par. 7-7
17    105 ILCS 5/6-4 rep.
18    105 ILCS 5/6-5 rep.
19    105 ILCS 5/6-10 rep.
20    105 ILCS 5/6-11 rep.
21    105 ILCS 5/6-12 rep.

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