Bill Text: IL HB2564 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the School Code. Makes a technical change in a Section concerning boundary changes.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2564 Detail]

Download: Illinois-2013-HB2564-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB2564 Introduced , by Rep. Sandra M. Pihos SYNOPSIS AS INTRODUCED:
105 ILCS 5/7-6 from Ch. 122, par. 7-6
Amends the School Code. Makes a technical change in a Section concerning boundary changes.
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A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Section
7-6 as follows:
(105 ILCS 5/7-6) (from Ch. 122, par. 7-6)
Sec. 7-6. Petition filing; Notice; Hearing; Decision.
(a) Upon the the filing of a petition with the secretary of
the regional board of school trustees under the provisions of
Section 7-1 or 7-2 of this Act the secretary shall cause a copy
of such petition to be given to each board of any district
involved in the proposed boundary change and shall cause a
notice thereof to be published once in a newspaper having
general circulation within the area of the territory described
in the petition for the proposed change of boundaries.
(b) When a joint hearing is required under the provisions
of Section 7-2, the secretary also shall cause a copy of the
notice to be sent to the regional board of school trustees of
each region affected. Notwithstanding the foregoing provisions
of this Section, if the secretary of the regional board of
school trustees with whom a petition is filed under Section 7-2
fails, within 30 days after the filing of such petition, to
cause notice thereof to be published and sent as required by

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this Section, then the secretary of the regional board of
school trustees of any other region affected may cause the
required notice to be published and sent, and the joint hearing
may be held in any region affected as provided in the notice so
published.
(b-5) If a petition filed under subsection (a) of Section
7-1 or under Section 7-2 proposes to annex all the territory of
a school district to another school district, the petition
shall request the submission of a proposition at a regular
scheduled election for the purpose of voting for or against the
annexation of the territory described in the petition to the
school district proposing to annex that territory. No petition
filed or election held under this Article shall be null and
void, invalidated, or deemed in noncompliance with the Election
Code because of a failure to publish a notice with respect to
the petition or referendum as required under subsection (g) of
Section 28-2 of that Code for petitions that are not filed
under this Article or Article 11E of this Code.
(c) When a petition contains more than 10 signatures the
petition shall designate a committee of 10 of the petitioners
as attorney in fact for all petitioners, any 7 of whom may make
binding stipulations on behalf of all petitioners as to any
question with respect to the petition or hearing or joint
hearing, and the regional board of school trustees, or regional
boards of school trustees in cases of a joint hearing may
accept such stipulation in lieu of evidence or proof of the

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matter stipulated. The committee of petitioners shall have the
same power to stipulate to accountings or waiver thereof
between school districts; however, the regional board of school
trustees, or regional boards of school trustees in cases of a
joint hearing may refuse to accept such stipulation. Those
designated as the committee of 10 shall serve in that capacity
until such time as the regional superintendent of schools or
the committee of 10 determines that, because of death,
resignation, transfer of residency from the territory, or
failure to qualify, the office of a particular member of the
committee of 10 is vacant. Upon determination that a vacancy
exists, the remaining members shall appoint a petitioner to
fill the designated vacancy on the committee of 10. The
appointment of any new members by the committee of 10 shall be
made by a simple majority vote of the remaining designated
members.
(d) The petition may be amended to withdraw not to exceed a
total of 10% of the territory in the petition at any time prior
to the hearing or joint hearing; provided that the petition
shall after amendment comply with the requirements as to the
number of signatures required on an original petition.
(e) The petitioners shall pay the expenses of publishing
the notice and of any transcript taken at the hearing or joint
hearing; and in case of an appeal from the decision of the
regional board of school trustees, or regional boards of school
trustees in cases of a joint hearing, or State Superintendent

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of Education in cases determined under subsection (l) of this
Section, the appellants shall pay the cost of preparing the
record for appeal.
(f) The notice shall state when the petition was filed, the
description of the territory, the prayer of the petition and
the return day on which the hearing or joint hearing upon the
petition will be held which shall not be more than 15 nor less
than 10 days after the publication of notice.
(g) On such return day or on a day to which the regional
board of school trustees, or regional boards of school trustees
in cases of a joint hearing shall continue the hearing or joint
hearing the regional board of school trustees, or regional
boards of school trustees in cases of a joint hearing shall
hear the petition but may adjourn the hearing or joint hearing
from time to time or may continue the matter for want of
sufficient notice or other good cause.
(h) Prior to the hearing or joint hearing the secretary of
the regional board of school trustees shall submit to the
regional board of school trustees, or regional boards of school
trustees in cases of a joint hearing maps showing the districts
involved, a written report of financial and educational
conditions of districts involved and the probable effect of the
proposed changes. The reports and maps submitted shall be made
a part of the record of the proceedings of the regional board
of school trustees, or regional boards of school trustees in
cases of a joint hearing. A copy of the report and maps

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submitted shall be sent by the secretary of the regional board
of school trustees to each board of the districts involved, not
less than 5 days prior to the day upon which the hearing or
joint hearing is to be held.
(i) The regional board of school trustees, or regional
boards of school trustees in cases of a joint hearing shall
hear evidence as to the school needs and conditions of the
territory in the area within and adjacent thereto and as to the
ability of the districts affected to meet the standards of
recognition as prescribed by the State Board of Education, and
shall take into consideration the division of funds and assets
which will result from the change of boundaries and shall
determine whether it is to the best interests of the schools of
the area and the educational welfare of the pupils that such
change in boundaries be granted, and in case non-high school
territory is contained in the petition the normal high school
attendance pattern of the children shall be taken into
consideration. If the non-high school territory overlies an
elementary district, a part of which is in a high school
district, such territory may be annexed to such high school
district even though not contiguous to the high school
district. However, upon resolution by the regional board of
school trustees, or regional boards of school trustees in cases
of a joint hearing the secretary or secretaries thereof shall
conduct the hearing or joint hearing upon any boundary petition
and present a transcript of such hearing to the trustees who

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shall base their decision upon the transcript, maps and
information and any presentation of counsel.
(j) At the hearing or joint hearing any resident of the
territory described in the petition or any resident in any
district affected by the proposed change of boundaries may
appear in person or by an attorney in support of the petition
or to object to the granting of the petition and may present
evidence in support of his position.
(k) At the conclusion of the hearing, other than a joint
hearing, the regional superintendent of schools as ex officio
member of the regional board of school trustees shall within 30
days enter an order either granting or denying the petition and
shall deliver to the committee of petitioners, if any, and any
person who has filed his appearance in writing at the hearing
and any attorney who appears for any person and any objector
who testifies at the hearing and the regional superintendent of
schools a certified copy of its order.
(l) Notwithstanding the foregoing provisions of this
Section, if within 9 months after a petition is submitted under
the provisions of Section 7-1 the petition is not approved or
denied by the regional board of school trustees and the order
approving or denying that petition entered and a copy thereof
served as provided in this Section, the school boards or
registered voters of the districts affected that submitted the
petition (or the committee of 10, or an attorney acting on its
behalf, if designated in the petition) may submit a copy of the

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petition directly to the State Superintendent of Education for
approval or denial. The copy of the petition as so submitted
shall be accompanied by a record of all proceedings had with
respect to the petition up to the time the copy of the petition
is submitted to the State Superintendent of Education
(including a copy of any notice given or published, any
certificate or other proof of publication, copies of any maps
or written report of the financial and educational conditions
of the school districts affected if furnished by the secretary
of the regional board of school trustees, copies of any
amendments to the petition and stipulations made, accepted or
refused, a transcript of any hearing or part of a hearing held,
continued or adjourned on the petition, and any orders entered
with respect to the petition or any hearing held thereon). The
school boards, registered voters or committee of 10 submitting
the petition and record of proceedings to the State
Superintendent of Education shall give written notice by
certified mail, return receipt requested to the regional board
of school trustees and to the secretary of that board that the
petition has been submitted to the State Superintendent of
Education for approval or denial, and shall furnish a copy of
the notice so given to the State Superintendent of Education.
The cost of assembling the record of proceedings for submission
to the State Superintendent of Education shall be the
responsibility of the school boards, registered voters or
committee of 10 that submits the petition and record of

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proceedings to the State Superintendent of Education. When a
petition is submitted to the State Superintendent of Education
in accordance with the provisions of this paragraph:
(1) The regional board of school trustees loses all
jurisdiction over the petition and shall have no further
authority to hear, approve, deny or otherwise act with
respect to the petition.
(2) All jurisdiction over the petition and the right
and duty to hear, approve, deny or otherwise act with
respect to the petition is transferred to and shall be
assumed and exercised by the State Superintendent of
Education.
(3) The State Superintendent of Education shall not be
required to repeat any proceedings that were conducted in
accordance with the provisions of this Section prior to the
time jurisdiction over the petition is transferred to him,
but the State Superintendent of Education shall be required
to give and publish any notices and hold or complete any
hearings that were not given, held or completed by the
regional board of school trustees or its secretary as
required by this Section prior to the time jurisdiction
over the petition is transferred to the State
Superintendent of Education.
(4) If so directed by the State Superintendent of
Education, the regional superintendent of schools shall
submit to the State Superintendent of Education and to such

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school boards as the State Superintendent of Education
shall prescribe accurate maps and a written report of the
financial and educational conditions of the districts
affected and the probable effect of the proposed boundary
changes.
(5) The State Superintendent is authorized to conduct
further hearings, or appoint a hearing officer to conduct
further hearings, on the petition even though a hearing
thereon was held as provided in this Section prior to the
time jurisdiction over the petition is transferred to the
State Superintendent of Education.
(6) The State Superintendent of Education or the
hearing officer shall hear evidence and approve or deny the
petition and shall enter an order to that effect and
deliver and serve the same as required in other cases to be
done by the regional board of school trustees and the
regional superintendent of schools as an ex officio member
of that board.
(m) Within 10 days after the conclusion of a joint hearing
required under the provisions of Section 7-2, each regional
board of school trustees shall meet together and render a
decision with regard to the joint hearing on the petition. If
the regional boards of school trustees fail to enter a joint
order either granting or denying the petition, the regional
superintendent of schools for the educational service region in
which the joint hearing is held shall enter an order denying

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the petition, and within 30 days after the conclusion of the
joint hearing shall deliver a copy of the order denying the
petition to the regional boards of school trustees of each
region affected, to the committee of petitioners, if any, to
any person who has filed his appearance in writing at the
hearing and to any attorney who appears for any person at the
joint hearing. If the regional boards of school trustees enter
a joint order either granting or denying the petition, the
regional superintendent of schools for the educational service
region in which the joint hearing is held shall, within 30 days
of the conclusion of the hearing, deliver a copy of the joint
order to those same committees and persons as are entitled to
receive copies of the regional superintendent's order in cases
where the regional boards of school trustees have failed to
enter a joint order.
(n) Within 10 days after service of a copy of the order
granting or denying the petition, any person so served may
petition for a rehearing and, upon sufficient cause being
shown, a rehearing may be granted. The filing of a petition for
rehearing shall operate as a stay of enforcement until the
regional board of school trustees, or regional boards of school
trustees in cases of a joint hearing, or State Superintendent
of Education in cases determined under subsection (l) of this
Section enter the final order on such petition for rehearing.
(o) If a petition filed under subsection (a) of Section 7-1
or under Section 7-2 is required under the provisions of

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subsection (b-5) of this Section 7-6 to request submission of a
proposition at a regular scheduled election for the purpose of
voting for or against the annexation of the territory described
in the petition to the school district proposing to annex that
territory, and if the petition is granted or approved by the
regional board or regional boards of school trustees or by the
State Superintendent of Education, the proposition shall be
placed on the ballot at the next regular scheduled election.
(Source: P.A. 94-1019, eff. 7-10-06.)