Bill Text: IL HB2612 | 2017-2018 | 100th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Boundary Changes Article of the School Code. Makes changes concerning the purpose and applicability of the Article; a definition of "legal resident voter"; school districts in educational service regions of 2,000,000 or more inhabitants; changes to boundaries by detachment or dissolution; petitions for dissolution; the requirements for granting petitions; copies of a petition; a detachment set aside upon petition; petition filing, notices, hearings, and decisions; the Administrative Review Law; a limitation on successive petitions; the effective date of a change; maps showing changes; teacher transfer; the annexation of dissolved non-operating districts; the termination of offices; a limitation on contesting boundary changes; and the applicability of the amendatory Act. Repeals provisions concerning county references, a change of boundaries in 2 or more counties, special charter districts, an election ordered by the regional superintendent of schools, the annexation of territory eliminated from a non-high school district, the title to school sites and buildings, and the distribution of accumulated funds. Makes related changes in other Articles of the School Code. Effective July 1, 2017.
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0374 [HB2612 Detail]
Download: Illinois-2017-HB2612-Introduced.html
Bill Title: Amends the Boundary Changes Article of the School Code. Makes changes concerning the purpose and applicability of the Article; a definition of "legal resident voter"; school districts in educational service regions of 2,000,000 or more inhabitants; changes to boundaries by detachment or dissolution; petitions for dissolution; the requirements for granting petitions; copies of a petition; a detachment set aside upon petition; petition filing, notices, hearings, and decisions; the Administrative Review Law; a limitation on successive petitions; the effective date of a change; maps showing changes; teacher transfer; the annexation of dissolved non-operating districts; the termination of offices; a limitation on contesting boundary changes; and the applicability of the amendatory Act. Repeals provisions concerning county references, a change of boundaries in 2 or more counties, special charter districts, an election ordered by the regional superintendent of schools, the annexation of territory eliminated from a non-high school district, the title to school sites and buildings, and the distribution of accumulated funds. Makes related changes in other Articles of the School Code. Effective July 1, 2017.
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0374 [HB2612 Detail]
Download: Illinois-2017-HB2612-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | ||||||||||||||||||||||||
5 | 5-1, 7-04, 7-1, 7-2a, 7-4, 7-4.1, 7-5, 7-6, 7-7, 7-8, 7-9, | ||||||||||||||||||||||||
6 | 7-10, 7-11, 7-12, 7-29, 12-24, 16-2, and 32-4.6 and by adding | ||||||||||||||||||||||||
7 | Sections 7-01a, 7-01b, 7-10.5, 7-31, and 10-22.35B as follows:
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8 | (105 ILCS 5/5-1) (from Ch. 122, par. 5-1)
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9 | Sec. 5-1. County school units.
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10 | (a) The territory in each county, exclusive of
any school | ||||||||||||||||||||||||
11 | district governed by any special act which requires the | ||||||||||||||||||||||||
12 | district
to appoint its own school treasurer, shall constitute | ||||||||||||||||||||||||
13 | a county school unit.
County school units of less than | ||||||||||||||||||||||||
14 | 2,000,000 inhabitants shall be known as
Class I county school | ||||||||||||||||||||||||
15 | units and the office of township trustees, where
existing on | ||||||||||||||||||||||||
16 | July 1, 1962, in such units shall be abolished on that date and
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17 | all books and records of such former township trustees shall be | ||||||||||||||||||||||||
18 | forthwith
thereafter transferred to the county board of school | ||||||||||||||||||||||||
19 | trustees. County
school units of 2,000,000 or more inhabitants | ||||||||||||||||||||||||
20 | shall be known as Class II
county school units and shall retain | ||||||||||||||||||||||||
21 | the office of township trustees
unless otherwise provided in | ||||||||||||||||||||||||
22 | subsection (b) or (c).
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23 | (b) Notwithstanding subsections (a) and (c), the
school |
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1 | board of any elementary school district having a fall, 1989
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2 | aggregate enrollment of at least 2,500 but less than 6,500 | ||||||
3 | pupils and
having boundaries that are coterminous with the | ||||||
4 | boundaries of a high school
district, and the school board of | ||||||
5 | any high school district having a fall,
1989 aggregate | ||||||
6 | enrollment of at least 2,500 but less than 6,500 pupils and
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7 | having boundaries that are coterminous with the boundaries of | ||||||
8 | an elementary
school district, may, whenever the territory of | ||||||
9 | such school district forms
a part of a Class II county school
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10 | unit, by proper resolution withdraw such school district from | ||||||
11 | the
jurisdiction and authority of the trustees of schools of | ||||||
12 | the township in
which such school district is located and from | ||||||
13 | the jurisdiction and
authority of the township treasurer in | ||||||
14 | such Class II county school unit;
provided that the school | ||||||
15 | board of any such school district shall, upon the
adoption and | ||||||
16 | passage of such resolution, thereupon elect or appoint its own
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17 | school treasurer as provided in Section 8-1. Upon the adoption | ||||||
18 | and passage
of such resolution and the election or appointment | ||||||
19 | by the school board of
its own school treasurer: (1) the | ||||||
20 | trustees of schools in such township
shall no longer have or | ||||||
21 | exercise any powers and duties with respect to the
school | ||||||
22 | district governed by such school board or with respect to the | ||||||
23 | school
business, operations or assets of such school district; | ||||||
24 | and (2) all books
and
records of the township trustees relating | ||||||
25 | to the school business and
affairs of such school district | ||||||
26 | shall be transferred and delivered to the
school board of such |
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1 | school district. Upon the effective date of this
amendatory Act | ||||||
2 | of 1993, the legal title to, and all right, title
and interest
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3 | formerly held by the township trustees in any school buildings | ||||||
4 | and
school sites
used and occupied by the school board of such | ||||||
5 | school district for school
purposes, that legal title, right, | ||||||
6 | title and interest thereafter having
been transferred to and | ||||||
7 | vested in the regional
board
of school trustees under P.A. | ||||||
8 | 87-473 until the abolition of that regional
board of school | ||||||
9 | trustees by P.A. 87-969, shall be deemed transferred by
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10 | operation of law to and shall vest in the school board of that | ||||||
11 | school
district.
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12 | Notwithstanding subsections (a) and (c), the school boards | ||||||
13 | of Oak Park & River Forest District 200, Oak Park Elementary | ||||||
14 | School District 97, and River Forest School District 90 may, by | ||||||
15 | proper resolution, withdraw from the jurisdiction and | ||||||
16 | authority of the trustees of schools of Proviso and Cicero | ||||||
17 | Townships and the township treasurer, provided that the school | ||||||
18 | board shall, upon the adoption and passage of the resolution, | ||||||
19 | elect or appoint its own school treasurer as provided in | ||||||
20 | Section 8-1 of this Code. Upon the adoption and passage of the | ||||||
21 | resolution and the election or appointment by the school board | ||||||
22 | of its own school treasurer: (1) the trustees of schools in the | ||||||
23 | township or townships shall no longer have or exercise any | ||||||
24 | powers or duties with respect to the school district or with | ||||||
25 | respect to the school business, operations, or assets of the | ||||||
26 | school district; (2) all books and records of the trustees of |
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1 | schools and all moneys, securities, loanable funds, and other | ||||||
2 | assets relating to the school business and affairs of the | ||||||
3 | school district shall be transferred and delivered to the | ||||||
4 | school board; and (3) all legal title to and all right, title, | ||||||
5 | and interest formerly held by the trustees of schools in any | ||||||
6 | common school lands, school buildings, or school sites used and | ||||||
7 | occupied by the school board and all rights of property and | ||||||
8 | causes of action pertaining to or constituting a part of the | ||||||
9 | common school lands, buildings, or sites shall be deemed | ||||||
10 | transferred by operation of law to and shall vest in the school | ||||||
11 | board.
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12 | Notwithstanding subsections (a) and (c), the respective | ||||||
13 | school boards of Berwyn North School District 98, Berwyn South | ||||||
14 | School District 100, Cicero School District 99, and J.S. Morton | ||||||
15 | High School District 201 may, by proper resolution, withdraw | ||||||
16 | from the jurisdiction and authority of the trustees of schools | ||||||
17 | of Cicero Township and the township treasurer, provided that | ||||||
18 | the school board shall, upon the adoption and passage of the | ||||||
19 | resolution, elect or appoint its own school treasurer as | ||||||
20 | provided in Section 8-1 of this Code. Upon the adoption and | ||||||
21 | passage of the resolution and the election or appointment by | ||||||
22 | the school board of its own school treasurer: (1) the trustees | ||||||
23 | of schools in the township shall no longer have or exercise any | ||||||
24 | powers or duties with respect to the school district or with | ||||||
25 | respect to the school business, operations, or assets of the | ||||||
26 | school district; (2) all books and records of the trustees of |
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1 | schools and all moneys, securities, loanable funds, and other | ||||||
2 | assets relating to the school business and affairs of the | ||||||
3 | school district shall be transferred and delivered to the | ||||||
4 | school board; and (3) all legal title to and all right, title, | ||||||
5 | and interest formerly held by the trustees of schools in any | ||||||
6 | common school lands, school buildings, or school sites used and | ||||||
7 | occupied by the school board and all rights of property and | ||||||
8 | causes of action pertaining to or constituting a part of the | ||||||
9 | common school lands, buildings, or sites shall be deemed | ||||||
10 | transferred by operation of law to and shall vest in the school | ||||||
11 | board.
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12 | (c) Notwithstanding the provisions of subsection (a), the | ||||||
13 | offices of
township treasurer and trustee of schools of any | ||||||
14 | township located in a Class
II county school unit shall be | ||||||
15 | abolished as provided in this subsection
if all of the | ||||||
16 | following conditions are met:
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17 | (1) During the same 30 day period, each school board of | ||||||
18 | each
elementary and unit school district that is subject to | ||||||
19 | the jurisdiction and
authority of the township treasurer | ||||||
20 | and trustees of schools of the township
in which those | ||||||
21 | offices are sought to be abolished gives written notice by
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22 | certified mail, return receipt requested to the township | ||||||
23 | treasurer and
trustees of schools of that township of the | ||||||
24 | date of a meeting of the school
board, to be held not more | ||||||
25 | than 90 nor less than 60 days after the date
when the | ||||||
26 | notice is given, at which meeting the school board is to |
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1 | consider
and vote upon the question of whether there shall | ||||||
2 | be submitted to the
electors of the school district a | ||||||
3 | proposition to abolish the offices of
township treasurer | ||||||
4 | and trustee of schools of that township. None of the
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5 | notices given under this paragraph to the township | ||||||
6 | treasurer and trustees
of schools of a township shall be | ||||||
7 | deemed sufficient or in compliance with
the requirements of | ||||||
8 | this paragraph unless all of those notices are given
within | ||||||
9 | the same 30 day period.
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10 | (2) Each school board of each elementary and unit | ||||||
11 | school district that
is subject to the jurisdiction and | ||||||
12 | authority of the township treasurer and
trustees of schools | ||||||
13 | of the township in which those offices are sought to
be | ||||||
14 | abolished, by the affirmative vote of at least 5 members of | ||||||
15 | the school
board at a school board meeting of which notice | ||||||
16 | is given as required by
paragraph (1) of this subsection, | ||||||
17 | adopts a resolution requiring the
secretary of the school | ||||||
18 | board to certify to the proper election authorities
for | ||||||
19 | submission to the electors of the school district at the | ||||||
20 | next
consolidated election in accordance with the general
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21 | election law a
proposition to abolish the offices of | ||||||
22 | township treasurer and trustee of
schools of that township. | ||||||
23 | None of the resolutions adopted under this
paragraph by any | ||||||
24 | elementary or unit school districts that are subject to
the | ||||||
25 | jurisdiction and authority of the township treasurer and | ||||||
26 | trustees of
schools of the township in which those offices |
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1 | are sought to be abolished
shall be deemed in compliance | ||||||
2 | with the requirements of this paragraph or
sufficient to | ||||||
3 | authorize submission of the proposition to abolish those
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4 | offices to a referendum of the electors in any such school | ||||||
5 | district unless
all of the school boards of all of the | ||||||
6 | elementary and unit school districts
that are subject to | ||||||
7 | the jurisdiction and authority of the township
treasurer | ||||||
8 | and trustees of schools of that township adopt such a | ||||||
9 | resolution
in accordance with the provisions of this | ||||||
10 | paragraph.
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11 | (3) The school boards of all of the elementary and unit | ||||||
12 | school
districts that are subject to the jurisdiction and | ||||||
13 | authority of the
township treasurer and trustees of schools | ||||||
14 | of the township in which those
offices are sought to be | ||||||
15 | abolished submit a proposition to abolish the
offices of | ||||||
16 | township treasurer and trustee of schools of that township | ||||||
17 | to
the electors of their respective school districts at the | ||||||
18 | same consolidated
election in accordance with the general | ||||||
19 | election law, the ballot in each
such district to be in | ||||||
20 | substantially the following form:
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21 | -------------------------------------------------------------
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22 | OFFICIAL BALLOT
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23 | Shall the offices of township
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24 | treasurer and YES
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25 | trustee of -------------
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26 | schools of Township ..... NO
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1 | Range ..... be abolished?
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2 | -------------------------------------------------------------
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3 | (4) At the consolidated election at which the
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4 | proposition to abolish
the offices of township treasurer | ||||||
5 | and trustee of schools of a township is
submitted to the | ||||||
6 | electors of each elementary and unit school district that
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7 | is subject to the jurisdiction and authority of the | ||||||
8 | township treasurer and
trustee of schools of that township, | ||||||
9 | a majority of the electors voting on
the proposition in | ||||||
10 | each such elementary and unit school district votes in
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11 | favor of the proposition as submitted to them.
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12 | If in each elementary and unit school district that is | ||||||
13 | subject to the
jurisdiction and authority of the township | ||||||
14 | treasurer and trustees of
schools of the township in which | ||||||
15 | those offices are sought to be abolished a
majority of the | ||||||
16 | electors in each such district voting at the consolidated
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17 | election on the proposition to abolish the offices of township | ||||||
18 | treasurer
and trustee of schools of that township votes in | ||||||
19 | favor of the proposition
as submitted to them, the proposition | ||||||
20 | shall be deemed to have passed; but
if in any such elementary | ||||||
21 | or unit school district a majority of the
electors voting on | ||||||
22 | that proposition in that district fails to vote in favor
of the | ||||||
23 | proposition as submitted to them, then notwithstanding the vote | ||||||
24 | of
the electors in any other such elementary or unit school | ||||||
25 | district on that
proposition the proposition shall not be | ||||||
26 | deemed to have passed in any of
those elementary or unit school |
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1 | districts, and the offices of township
treasurer and trustee of | ||||||
2 | schools of the township in which those offices
were sought to | ||||||
3 | be abolished shall not be abolished, unless in each of those
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4 | elementary and unit school districts remaining subject to the | ||||||
5 | jurisdiction
and authority of the township treasurer and | ||||||
6 | trustees of schools of that
township proceedings are again | ||||||
7 | initiated to abolish those offices and all
of the proceedings | ||||||
8 | and conditions prescribed in paragraphs (1) through (4)
of this | ||||||
9 | subsection are repeated and met in each of those elementary and
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10 | unit school districts.
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11 | Notwithstanding the foregoing provisions of this Section | ||||||
12 | or any other
provision of the School Code, the offices of | ||||||
13 | township treasurer and trustee of
schools of a township that | ||||||
14 | has a population of less than 200,000 and that
contains a unit | ||||||
15 | school district and is located in a Class II county school unit
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16 | shall also be
abolished as provided in this subsection if all | ||||||
17 | of the conditions set forth in
paragraphs (1), (2), and (3) of | ||||||
18 | this subsection are met
and if the following additional | ||||||
19 | condition is met:
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20 | The electors in all of the school districts subject to | ||||||
21 | the jurisdiction and
authority of the township treasurer | ||||||
22 | and trustees of schools of the township in
which those | ||||||
23 | offices are sought to be abolished shall vote at the
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24 | consolidated
election on the proposition to abolish the | ||||||
25 | offices of township treasurer and
trustee of schools of | ||||||
26 | that township. If a majority of the electors in all of
the |
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1 | school districts combined voting on the proposition vote in | ||||||
2 | favor of the
proposition, then the proposition shall be | ||||||
3 | deemed to have passed; but if a
majority of the electors | ||||||
4 | voting on the proposition in all of the school
district | ||||||
5 | fails to vote in favor of the proposition as submitted to | ||||||
6 | them, then
the proposition shall not be deemed to have | ||||||
7 | passed and the offices of township
treasurer and trustee of | ||||||
8 | schools of the township in which those offices were
sought | ||||||
9 | to be abolished shall not be abolished, unless and until | ||||||
10 | the proceedings
detailed in paragraphs (1) through (3) of | ||||||
11 | this subsection and the conditions
set forth in this | ||||||
12 | paragraph are met.
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13 | If the proposition to abolish the offices of township | ||||||
14 | treasurer and
trustee of schools of a township is deemed to | ||||||
15 | have passed at the
consolidated election as provided in this | ||||||
16 | subsection,
those offices shall be
deemed abolished by | ||||||
17 | operation of law effective on January 1
of the
calendar year | ||||||
18 | immediately following the calendar year in which that
| ||||||
19 | consolidated election is held, provided that if after the
| ||||||
20 | election, the trustees of schools by resolution elect to | ||||||
21 | abolish the offices of
township treasurer and trustee of | ||||||
22 | schools effective on July 1 immediately
following the election, | ||||||
23 | then the offices shall be abolished on July 1
immediately | ||||||
24 | following the election.
On the date that
the offices of | ||||||
25 | township treasurer and trustee of schools of a
township are | ||||||
26 | deemed abolished by operation of law, the school board of each
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1 | elementary and unit school district and the school board of | ||||||
2 | each high
school district that is subject to the jurisdiction | ||||||
3 | and authority of the
township treasurer and trustees of schools | ||||||
4 | of that township at the time
those offices are abolished: (i) | ||||||
5 | shall appoint its own school treasurer as
provided in Section | ||||||
6 | 8-1; and (ii) unless the term of the contract of a
township | ||||||
7 | treasurer expires on the date that the office of township
| ||||||
8 | treasurer is abolished, shall pay to the former township | ||||||
9 | treasurer its
proportionate share of any aggregate | ||||||
10 | compensation that, were the office of
township treasurer not | ||||||
11 | abolished at that time, would
have been payable to the former | ||||||
12 | township treasurer after that date over the
remainder of the | ||||||
13 | term of the contract of the former township treasurer that
| ||||||
14 | began prior to but ends after that date. In addition, on the | ||||||
15 | date that the offices of township treasurer and trustee of
| ||||||
16 | schools of a township are deemed abolished as provided in this | ||||||
17 | subsection,
the school board of each elementary school, high | ||||||
18 | school and unit school
district that until that date is subject | ||||||
19 | to the jurisdiction and authority
of the township treasurer and | ||||||
20 | trustees of schools of that township shall be
deemed by | ||||||
21 | operation of law to have agreed and assumed to pay and, when
| ||||||
22 | determined, shall pay to the Illinois Municipal Retirement
Fund | ||||||
23 | a proportionate share of the unfunded liability existing in | ||||||
24 | that Fund
at the time these offices are abolished in that
| ||||||
25 | calendar year for all annuities or other benefits then or
| ||||||
26 | thereafter to become payable from that Fund with respect to all |
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1 | periods of
service performed prior to that date as a | ||||||
2 | participating employee in that
Fund by persons serving during | ||||||
3 | those periods of service as a trustee of
schools, township | ||||||
4 | treasurer or regular employee in the office of the
township | ||||||
5 | treasurer of that township. That unfunded liability shall be
| ||||||
6 | actuarially determined by the board of trustees of the Illinois | ||||||
7 | Municipal
Retirement Fund, and the board of trustees shall | ||||||
8 | thereupon notify each
school board required to pay a | ||||||
9 | proportionate share of that unfunded
liability of the aggregate | ||||||
10 | amount of the unfunded liability so determined.
The amount so | ||||||
11 | paid to the Illinois Municipal Retirement Fund by each of
those | ||||||
12 | school districts shall be credited to the account of the | ||||||
13 | township in
that Fund. For each elementary school, high school | ||||||
14 | and unit school district
under the jurisdiction and authority | ||||||
15 | of a township treasurer and trustees
of schools of a township | ||||||
16 | in which those offices are abolished as provided
in this | ||||||
17 | subsection, each such district's proportionate share of the
| ||||||
18 | aggregate compensation payable to the former township | ||||||
19 | treasurer as provided
in this paragraph and each such | ||||||
20 | district's proportionate share of the
aggregate amount of the | ||||||
21 | unfunded liability payable to the Illinois
Municipal | ||||||
22 | Retirement Fund as provided in this paragraph shall be computed
| ||||||
23 | in accordance with the ratio that the number of pupils in | ||||||
24 | average daily
attendance in each such district for the school | ||||||
25 | year last ending prior to the date on which
the offices of | ||||||
26 | township treasurer and trustee of schools of that township
are |
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1 | abolished bears to the aggregate number of pupils in average | ||||||
2 | daily
attendance in all of those districts as so reported for | ||||||
3 | that school year.
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4 | Upon abolition of the offices of township treasurer and | ||||||
5 | trustee of
schools of a township as provided in this | ||||||
6 | subsection: (i) the regional
board of school trustees, in its | ||||||
7 | corporate capacity, shall be deemed the
successor in interest | ||||||
8 | to the former trustees of schools of that township
with respect | ||||||
9 | to the common school lands and township loanable funds of the
| ||||||
10 | township; (ii) all right, title and interest existing or vested | ||||||
11 | in the
former trustees of schools of that township in the | ||||||
12 | common school lands and
township loanable funds of the | ||||||
13 | township, and all records, moneys,
securities and other assets, | ||||||
14 | rights of property and causes of action
pertaining to or | ||||||
15 | constituting a part of those common school lands or
township | ||||||
16 | loanable funds, shall be transferred to and deemed vested by
| ||||||
17 | operation of law in the regional board of school trustees, | ||||||
18 | which shall hold
legal title to, manage and operate all common | ||||||
19 | school lands and township
loanable funds of the township, | ||||||
20 | receive the rents, issues and profits
therefrom, and have and | ||||||
21 | exercise with respect thereto the same powers and
duties as are | ||||||
22 | provided by this Code to be exercised by regional boards of
| ||||||
23 | school trustees when acting as township land commissioners in | ||||||
24 | counties
having at least 220,000 but fewer than 2,000,000 | ||||||
25 | inhabitants; (iii) the
regional board of school trustees shall | ||||||
26 | select to serve as its treasurer
with respect to the common |
| |||||||
| |||||||
1 | school lands and township loanable funds of the
township a | ||||||
2 | person from time to time also serving as the appointed school
| ||||||
3 | treasurer of any school district that was subject to the | ||||||
4 | jurisdiction and
authority of the township treasurer and | ||||||
5 | trustees of schools of that
township at the time those offices | ||||||
6 | were abolished, and the person selected
to also serve as | ||||||
7 | treasurer of the regional board of school trustees shall
have | ||||||
8 | his compensation for services in that capacity fixed by the | ||||||
9 | regional
board of school trustees, to be paid from the township | ||||||
10 | loanable funds, and
shall make to the regional board of school | ||||||
11 | trustees the reports required to be
made by treasurers of | ||||||
12 | township land commissioners, give bond as required by
| ||||||
13 | treasurers of township land commissioners, and perform the | ||||||
14 | duties and
exercise the powers of treasurers of township land | ||||||
15 | commissioners; (iv) the
regional board of school trustees shall | ||||||
16 | designate in the manner provided by
Section 8-7, insofar as | ||||||
17 | applicable, a depositary for its treasurer, and the
proceeds of | ||||||
18 | all rents, issues and profits from the common school lands and
| ||||||
19 | township loanable funds of that township shall be deposited and | ||||||
20 | held in the
account maintained for those purposes with that | ||||||
21 | depositary and shall be
expended and distributed therefrom as | ||||||
22 | provided in Section 15-24 and other
applicable provisions of | ||||||
23 | this Code; and (v) whenever there is vested in the
trustees of | ||||||
24 | schools of a township at the time that office is abolished
| ||||||
25 | under this subsection the legal title to any school buildings | ||||||
26 | or school
sites used or occupied for school purposes by any |
| |||||||
| |||||||
1 | elementary school, high
school or unit school district subject | ||||||
2 | to the jurisdiction and authority of
those trustees of school | ||||||
3 | at the time that office is abolished, the legal
title to those | ||||||
4 | school buildings and school sites shall be deemed
transferred | ||||||
5 | by operation of law to and invested in the
school board of that | ||||||
6 | school district, in its corporate
capacity under Section | ||||||
7 | 10-22.35B of this Code 7-28 , the
same to be held, sold, | ||||||
8 | exchanged leased or otherwise transferred in
accordance with | ||||||
9 | applicable provisions of this Code.
| ||||||
10 | Notwithstanding Section 2-3.25g of this Code, a waiver of a | ||||||
11 | mandate
established under this Section may not be requested.
| ||||||
12 | (Source: P.A. 94-1078, eff. 1-9-07; 94-1105, eff. 6-1-07; 95-4, | ||||||
13 | eff. 5-31-07; 95-876, eff. 8-21-08.)
| ||||||
14 | (105 ILCS 5/7-01a new) | ||||||
15 | Sec. 7-01a. Purpose and applicability. The purpose of this | ||||||
16 | Article is to permit greater flexibility and efficiency in the | ||||||
17 | detachment and dissolution of school districts for the | ||||||
18 | improvement of the administration and quality of educational | ||||||
19 | services and for the best interests of pupils. This Article | ||||||
20 | applies only to school districts with under 500,000 | ||||||
21 | inhabitants, but includes special charter districts (except | ||||||
22 | those districts organized under Article 34 of this Code) and | ||||||
23 | non-high school districts.
| ||||||
24 | (105 ILCS 5/7-01b new) |
| |||||||
| |||||||
1 | Sec. 7-01b. Definition. In this Article, "legal resident | ||||||
2 | voter" means a person who is registered to vote at the time a | ||||||
3 | circulated petition is filed and when the regional board of | ||||||
4 | school trustees renders a decision, at the address shown | ||||||
5 | opposite his or her signature on the petition, and resides in | ||||||
6 | the detaching territory or dissolving school district.
| ||||||
7 | (105 ILCS 5/7-04) (from Ch. 122, par. 7-04)
| ||||||
8 | Sec. 7-04.
Districts in educational service regions of | ||||||
9 | 2,000,000 or more
inhabitants.
| ||||||
10 | (a) In all proceedings under this Article to change by | ||||||
11 | detachment,
annexation, division, dissolution, or any | ||||||
12 | combination of those methods the
boundaries of any school | ||||||
13 | district (other than a school district organized
under Article | ||||||
14 | 34) located in an educational service region of 2,000,000 or
| ||||||
15 | more inhabitants in which the regional board of school trustees | ||||||
16 | is
abolished as provided in subsection (a) of Section 6-2, the | ||||||
17 | trustees of
schools of the township that has jurisdiction and | ||||||
18 | authority over the detaching or dissolving in which that school | ||||||
19 | district is located , as the
successor under subsection (b) of | ||||||
20 | Section 6-2 to the former regional board
of school trustees | ||||||
21 | with respect to all territory located in that school
township, | ||||||
22 | shall have, exercise, and perform all powers, duties, and
| ||||||
23 | responsibilities required under this Article to be exercised | ||||||
24 | and performed
in those proceedings by a regional board of | ||||||
25 | school trustees; provided that
if any detaching or dissolving |
| |||||||
| |||||||
1 | school district involved in affected by those proceedings is | ||||||
2 | not under the jurisdiction and authority of the trustees of | ||||||
3 | schools of a township located in
a school township referred to | ||||||
4 | in subsection (b) of Section 5-1 and there
are no trustees of | ||||||
5 | schools acting in that township then the school board
of any | ||||||
6 | such district, as the successor under subsection (b) of Section | ||||||
7 | 6-2
to the former regional board of school trustees with | ||||||
8 | respect to the
territory comprising that school district , a | ||||||
9 | hearing panel as established in this Section shall have, | ||||||
10 | exercise, and
perform all powers, duties, and responsibilities | ||||||
11 | required under this
Article to be exercised and performed in | ||||||
12 | those proceedings with respect to the detaching or dissolving
| ||||||
13 | the territory of that school district by a regional board of | ||||||
14 | school
trustees . ; and provided further that: (i) when any | ||||||
15 | school district affected
by those proceedings is located not | ||||||
16 | only in an educational service region
of 2,000,000 or more | ||||||
17 | inhabitants but also in 2 or more school townships in
that | ||||||
18 | region that each have trustees of schools of the township, then | ||||||
19 | the
boundaries of that school district may be changed under | ||||||
20 | this Article by
detachment, annexation, division, dissolution, | ||||||
21 | or any combination of those
methods only by the concurrent | ||||||
22 | action of, taken following a joint hearing
before the trustees | ||||||
23 | of schools of those townships (in that educational
service | ||||||
24 | region) in which that school district is located; and (ii) if | ||||||
25 | any
part of the school district referred to in item (i) of this | ||||||
26 | subsection
also lies within an educational service region that |
| |||||||
| |||||||
1 | has a regional board of
school trustees, the boundaries of that | ||||||
2 | district may be changed under this
Article only by the | ||||||
3 | concurrent action of, taken following a joint hearing
before | ||||||
4 | the trustees of schools of the townships referred to in item | ||||||
5 | (i) of
this subsection and the regional board of school | ||||||
6 | trustees of the educational
service region referred to in this | ||||||
7 | item (ii) of this subsection. Whenever
concurrent action and | ||||||
8 | joint hearings are required under this subsection,
the original | ||||||
9 | petition shall be filed with the trustees of schools of the
| ||||||
10 | township in which the territory or greatest portion of the | ||||||
11 | territory being
detached is located, or if the territory is | ||||||
12 | being detached from more than
one educational service region | ||||||
13 | then with the regional board of school
trustees of the region | ||||||
14 | or the trustees of schools of the township in which
the | ||||||
15 | territory or greatest portion of the territory being detached | ||||||
16 | is located.
| ||||||
17 | (a-5) As applicable, the hearing panel shall be made up of | ||||||
18 | 3 persons who have a demonstrated interest and background in | ||||||
19 | education. Each hearing panel member must reside within an | ||||||
20 | educational service region of 2,000,000 or more inhabitants but | ||||||
21 | not within the boundaries of a school district organized under | ||||||
22 | Article 34 of this Code and may not be a current school board | ||||||
23 | member of the detaching or dissolving or annexing school | ||||||
24 | district or a current employee of the detaching or dissolving | ||||||
25 | or annexing school district or hold any county office. None of | ||||||
26 | the hearing panel members may reside within the same school |
| |||||||
| |||||||
1 | district. All 3 persons must be selected by the chief | ||||||
2 | administrative officer of the educational service center in | ||||||
3 | which the chief administrative officer has supervision and | ||||||
4 | control, as defined in Section 3-14.2 of this Code, of the | ||||||
5 | detaching or dissolving school district. The members of a | ||||||
6 | hearing panel as established in this Section shall serve | ||||||
7 | without remuneration; however, the necessary expenses, | ||||||
8 | including travel, attendant upon any meeting or hearing in | ||||||
9 | relation to a proceeding under this Article must be paid. | ||||||
10 | (a-10) The petition must be filed with the trustees of | ||||||
11 | schools of the township with jurisdiction and authority over | ||||||
12 | the detaching or dissolving school district or with the chief | ||||||
13 | administrative officer of the educational service center in | ||||||
14 | which the chief administrative officer has supervision and | ||||||
15 | control, as defined in Section 3-14.2 of this Code, of the | ||||||
16 | detaching or dissolving school district, as applicable. The | ||||||
17 | chief administrative officer of the educational service center | ||||||
18 | or a person designated by the trustees of schools of the | ||||||
19 | township, as applicable, shall have, exercise, and perform all | ||||||
20 | powers, duties, and responsibilities required under this | ||||||
21 | Article that are otherwise assigned to regional | ||||||
22 | superintendents of schools. | ||||||
23 | (b) Except as otherwise provided in this Section, all other | ||||||
24 | provisions
of this Article shall apply to any proceedings under | ||||||
25 | this Article to change
the boundaries of any school district | ||||||
26 | located in an educational service
region having 2,000,000 or |
| |||||||
| |||||||
1 | more inhabitants in the same manner that those
provisions apply | ||||||
2 | to any proceedings to change the boundaries of any school
| ||||||
3 | district located in any other educational service region; | ||||||
4 | provided, that any
reference in those other provisions to the | ||||||
5 | regional board of school trustees
shall mean, with respect to | ||||||
6 | all territory within an educational service region
containing | ||||||
7 | 2,000,000 or more inhabitants that formerly was served by a | ||||||
8 | regional
board of school trustees abolished under subsection | ||||||
9 | (a) of Section 6-2, the
trustees of schools of the township or | ||||||
10 | the school board of the school district
that is the successor | ||||||
11 | under subsection (b) of Section 6-2 to the former
regional | ||||||
12 | board of school trustees with respect to the territory included | ||||||
13 | within
that school township or school district or the hearing | ||||||
14 | panel as established by this Section .
| ||||||
15 | (Source: P.A. 87-969.)
| ||||||
16 | (105 ILCS 5/7-1) (from Ch. 122, par. 7-1)
| ||||||
17 | Sec. 7-1. Changing Districts in one educational service | ||||||
18 | region - changing boundaries by detachment or dissolution .
| ||||||
19 | (a) School district boundaries lying entirely within any | ||||||
20 | educational
service
region may be changed by detachment, | ||||||
21 | annexation, division or dissolution
or any combination thereof | ||||||
22 | by the regional board of school trustees of such
region, or by | ||||||
23 | the State Superintendent of Education as provided in
subsection | ||||||
24 | (l) of Section 7-6 , when petitioned by the boards of each
| ||||||
25 | district affected or by a majority of the registered voters in |
| |||||||
| |||||||
1 | each
district affected or by two-thirds of the registered | ||||||
2 | voters in any
territory proposed to be detached from one or | ||||||
3 | more districts or in each of
one or more districts proposed to | ||||||
4 | be annexed to another district . | ||||||
5 | The petition must be filed with and decided solely by the | ||||||
6 | regional board of school trustees of the region in which the | ||||||
7 | regional superintendent of schools has supervision and | ||||||
8 | control, as defined in Section 3-14.2 of this Code, of the | ||||||
9 | detaching or dissolving school district. The petition may be | ||||||
10 | filed in any office operated by the regional superintendent | ||||||
11 | with supervision and control, as defined in Section 3-14.2 of | ||||||
12 | this Code, of the detaching or dissolving school district. | ||||||
13 | A petition for boundary change must be filed by the school | ||||||
14 | board of the detaching or dissolving district, by a majority of | ||||||
15 | the legal resident voters in the dissolving district, or by | ||||||
16 | two-thirds of a combination of the legal resident voters and | ||||||
17 | the owners of record of any real estate with no legal resident | ||||||
18 | voters in any territory proposed to be detached. If any of the | ||||||
19 | territory proposed to be detached contains real estate with no | ||||||
20 | legal resident voters, petitioners shall deliver the petition | ||||||
21 | by certified mail, return receipt requested, to all owners of | ||||||
22 | record of any real estate with no legal resident voters. Proof | ||||||
23 | of such delivery must be presented as evidence at the hearing | ||||||
24 | required under Section 7-6 of this Code. Any owner of record of | ||||||
25 | real estate with no legal resident voters in any territory | ||||||
26 | proposed to be detached may either sign the petition in person |
| |||||||
| |||||||
1 | and before the circulator as described in this Section or | ||||||
2 | return the petition with his or her notarized signature to be | ||||||
3 | included as a petitioner. No person may sign a petition in the | ||||||
4 | capacity of both a legal resident voter and owner of record. If | ||||||
5 | there are no legal resident voters within the territory | ||||||
6 | proposed to be detached, then the petition must be signed by | ||||||
7 | all of the owners of record of the real estate of the | ||||||
8 | territory. Legal resident
Registered voters shall be | ||||||
9 | determined by the official voter registration
lists as of the | ||||||
10 | date the petition is filed. No signatures shall be added or | ||||||
11 | withdrawn
after the date the petition is filed. The length of | ||||||
12 | time for signatures to be valid, before filing of the petition, | ||||||
13 | shall not exceed 6 months. Notwithstanding any provision to the | ||||||
14 | contrary contained in the Election Code, the regional | ||||||
15 | superintendent of schools shall make all determinations | ||||||
16 | regarding the validity of the petition, including, without | ||||||
17 | limitation, signatures on the petition. If the regional | ||||||
18 | superintendent determines that the petition is not in proper | ||||||
19 | order or not in compliance with any applicable petition | ||||||
20 | requirements, the regional superintendent may not accept the | ||||||
21 | petition for filing and may return the petition to the | ||||||
22 | petitioners. Any party who is dissatisfied with the | ||||||
23 | determination of the regional superintendent regarding the | ||||||
24 | validity of the petition may appeal the regional | ||||||
25 | superintendent's decision to the regional board of school | ||||||
26 | trustees by motion, and the motion must be heard by the |
| |||||||
| |||||||
1 | regional board of school trustees prior to any hearing on the | ||||||
2 | merits of the petition. If there are no registered voters
| ||||||
3 | within the territory proposed to be detached from one or more | ||||||
4 | districts,
then the petition may be signed by all of the owners | ||||||
5 | of record of the real
estate of the territory. Notwithstanding | ||||||
6 | any other provisions of this
Article, if pursuant to a petition | ||||||
7 | filed under this subsection all of the
territory of
a school | ||||||
8 | district is to be annexed to another school district, any
| ||||||
9 | action by the regional board of school trustees or State
| ||||||
10 | Superintendent of Education in granting or approving the | ||||||
11 | petition and any
change in school district boundaries pursuant | ||||||
12 | to that action is subject to and
the change in school district | ||||||
13 | boundaries shall not be made except upon approval
at a regular | ||||||
14 | scheduled election, in the manner provided by Section 7-7.7, of | ||||||
15 | a
proposition for the annexation of all of the territory of | ||||||
16 | that school district
to the other school district.
| ||||||
17 | Petitions for detachment and dissolution Each page of the | ||||||
18 | circulated petition shall include the full prayer of the
| ||||||
19 | petition with a general description of the territory at the top | ||||||
20 | of each page. Each , and each signature contained therein shall | ||||||
21 | match the official
signature and address of the legal resident | ||||||
22 | registered voters as recorded in the office
of the county clerk | ||||||
23 | or board of election commissioners, and each election authority | ||||||
24 | having jurisdiction over the county. Each petitioner
shall also | ||||||
25 | record the date of his or her signing. Except in instances of a | ||||||
26 | notarized signature of an owner of record of real estate with |
| |||||||
| |||||||
1 | no legal resident voters in any territory proposed to be | ||||||
2 | detached, each Each page of the circulated petition shall
be | ||||||
3 | signed by a circulator stating that he or she has who has | ||||||
4 | witnessed the signature of each
petitioner on that page. | ||||||
5 | Detachment petitions containing 10 or fewer signatures may be | ||||||
6 | notarized in lieu of a circulator statement. Each petition | ||||||
7 | shall include an accurate legal description and map of the | ||||||
8 | territory proposed to be detached. If a petition proposes to | ||||||
9 | dissolve an entire district, then the full name and number of | ||||||
10 | the district and a map are sufficient. Each petition shall | ||||||
11 | include the names of petitioners; the district to be dissolved | ||||||
12 | or the district from which the territory is proposed to be | ||||||
13 | detached; the district or districts to which the territory is | ||||||
14 | proposed to be annexed; evidence that the detaching or | ||||||
15 | dissolving territory is compact and contiguous with the | ||||||
16 | annexing district or districts or otherwise meets the | ||||||
17 | requirements set forth in Section 7-4 of this Code; the | ||||||
18 | referendum date, if applicable; and facts that support | ||||||
19 | favorable findings for the factors to be considered by the | ||||||
20 | regional board of school trustees pursuant to Section 7-6 of | ||||||
21 | this Code. The length of time for signatures to be valid,
| ||||||
22 | before filing of the petition, shall not exceed 6 months.
| ||||||
23 | Where there is only one school building in an approved | ||||||
24 | operating
district, the building and building site may not be | ||||||
25 | included in any
detachment proceeding unless petitioned by | ||||||
26 | two-thirds of the registered
voters within the entire district |
| |||||||
| |||||||
1 | wherein the school is located .
| ||||||
2 | Notwithstanding any other provisions of this Code, if, | ||||||
3 | pursuant to a petition filed under this subsection (a), all of | ||||||
4 | the territory of a school district is to be annexed to another | ||||||
5 | school district, then any action by the regional board of | ||||||
6 | school trustees in granting or approving the petition and any | ||||||
7 | change in school district boundaries pursuant to that action is | ||||||
8 | subject to and the change in school district boundaries may not | ||||||
9 | be made except upon approval, at a regular scheduled election, | ||||||
10 | in the manner provided by Section 7-7.7 of this Code, of a | ||||||
11 | proposition for the annexation of all of the territory of that | ||||||
12 | school district to the other school district. | ||||||
13 | No petition may be filed under this Section to form a new | ||||||
14 | school district under this Article; however, such a petition | ||||||
15 | may be filed under this Section to form a new school district | ||||||
16 | if the boundaries of such new school district lie entirely | ||||||
17 | within the boundaries of a military base or installation | ||||||
18 | operated and maintained by the government of the United States. | ||||||
19 | (b) Any elementary or high school district with 100 or more | ||||||
20 | of its
students residing upon territory located entirely within | ||||||
21 | a military base or
installation operated and maintained by the | ||||||
22 | government of the United States, or
any unit school district or | ||||||
23 | any combination of the above mentioned
districts with 300 or | ||||||
24 | more of its students residing upon territory located
entirely | ||||||
25 | within a military base or installation operated and maintained | ||||||
26 | by
the government of the United States, shall, upon the filing |
| |||||||
| |||||||
1 | with the
regional board of school trustees of a petition | ||||||
2 | adopted by resolution of
the board of education or a petition | ||||||
3 | signed by a majority of the registered
voters residing upon | ||||||
4 | such military base or installation, have all of the
territory | ||||||
5 | lying entirely within such military base or installation | ||||||
6 | detached
from such school district, and a new school district | ||||||
7 | comprised of such
territory shall be created. The petition | ||||||
8 | shall be filed with and decided
solely by the regional board of | ||||||
9 | school trustees of the region in which the
regional | ||||||
10 | superintendent of schools has supervision and control, as | ||||||
11 | defined by Section 3-14.2 of this Code, of the school district
| ||||||
12 | affected. The regional board of school trustees shall have no | ||||||
13 | authority to
deny the detachment and creation of a new school | ||||||
14 | district requested in a
proper petition filed under this | ||||||
15 | subsection. This subsection shall apply
only to those school | ||||||
16 | districts having a population of not fewer than
1,000 and not | ||||||
17 | more than 500,000 residents, as
ascertained by any special or | ||||||
18 | general census.
| ||||||
19 | The new school district shall tuition its students to the | ||||||
20 | same
districts that its students were previously attending and | ||||||
21 | the districts
from which the new district was detached shall | ||||||
22 | continue to educate the
students from the new district, until | ||||||
23 | the federal government provides other
arrangements. The | ||||||
24 | federal government shall pay for the education of such
children | ||||||
25 | as required by Section 6 of Public Law 81-874.
| ||||||
26 | If a school district created under this subsection (b) has |
| |||||||
| |||||||
1 | not elected a
school board
and has not become operational | ||||||
2 | within 2 years after the date of detachment,
then this
district | ||||||
3 | is automatically dissolved and the territory of this district | ||||||
4 | reverts
to the school
district from which the territory was | ||||||
5 | detached or any successor district
thereto. Any school district | ||||||
6 | created
under this
subsection (b) on or before September 1, | ||||||
7 | 1996 that has not elected a school
board and has
not been | ||||||
8 | operational since September 1, 1996 is automatically dissolved | ||||||
9 | on the
effective
date of this amendatory Act of 1999, and on | ||||||
10 | this date the territory of this
district reverts
to the school | ||||||
11 | district from which the territory was detached. For the
| ||||||
12 | automatic dissolution of a school district created under this | ||||||
13 | subsection (b),
the
regional superintendent of schools
who has
| ||||||
14 | supervision and control, as defined by Section 3-14.2 of this | ||||||
15 | Code, of the school district from which the territory was | ||||||
16 | detached shall
certify to
the regional board of school trustees | ||||||
17 | that the school district created under
this subsection
(b) has | ||||||
18 | been automatically dissolved.
| ||||||
19 | (Source: P.A. 90-459, eff. 8-17-97; 91-460, eff. 8-6-99.)
| ||||||
20 | (105 ILCS 5/7-2a) (from Ch. 122, par. 7-2a)
| ||||||
21 | Sec. 7-2a.
(a) (Blank). Except as provided in subsection | ||||||
22 | (b) of this
Section, any petition for dissolution filed under | ||||||
23 | this Article must
specify the school district or districts to | ||||||
24 | which all of the territory
of the district proposed to be | ||||||
25 | dissolved
will be annexed. Any petition for dissolution may be |
| |||||||
| |||||||
1 | made by the board of
education of the district or a majority of | ||||||
2 | the legal voters residing in
the district proposed to be | ||||||
3 | dissolved. No petition from any other
district affected by the | ||||||
4 | proposed dissolution shall be required.
| ||||||
5 | (b) Any school district with a population of less than | ||||||
6 | 5,000 residents or an enrollment of less than 750 students, as | ||||||
7 | determined by the district's most recent fall enrollment counts | ||||||
8 | as posted on the State Board of Education's website current | ||||||
9 | fall housing report filed with the State Board of Education ,
| ||||||
10 | shall be dissolved and its territory annexed as provided in | ||||||
11 | Section 7-11 of this Code by
the regional board of school | ||||||
12 | trustees upon the filing with the regional
board of school | ||||||
13 | trustees of a petition adopted by resolution of the board of
| ||||||
14 | education or a petition signed by a majority of the legal | ||||||
15 | resident registered voters of
the district seeking such | ||||||
16 | dissolution. No petition shall be adopted or
signed under this | ||||||
17 | subsection until the board of education or the
petitioners, as | ||||||
18 | the case may be, shall have given at least 10 days' notice
to | ||||||
19 | be published once in a newspaper having general circulation in | ||||||
20 | the
district and shall have conducted a public informational | ||||||
21 | meeting to inform
the residents of the district of the proposed | ||||||
22 | dissolution and to answer
questions concerning the proposed | ||||||
23 | dissolution. The petition shall be filed with
and decided | ||||||
24 | solely by the regional board of school trustees of the region
| ||||||
25 | in which the regional superintendent of schools has supervision | ||||||
26 | and control, as defined by Section 3-14.2 of this Code, of the
|
| |||||||
| |||||||
1 | school district being dissolved. | ||||||
2 | The regional board of school trustees
shall not act on a | ||||||
3 | petition filed by a board of education if within 45 days
after | ||||||
4 | giving the first notice of the hearing required under Section | ||||||
5 | 7-11 of this Code a petition
in opposition to the petition of | ||||||
6 | the board to dissolve, signed by a
majority of the legal | ||||||
7 | resident registered voters of the district, is filed with the
| ||||||
8 | regional board of school trustees. In such an event, the | ||||||
9 | dissolution petition is dismissed on procedural grounds by | ||||||
10 | operation of law and the regional board of school trustees | ||||||
11 | shall have no further authority to consider the petition. A | ||||||
12 | dissolution petition dismissed as the result of a valid | ||||||
13 | opposition petition is not subject to the limitation on | ||||||
14 | successive petitions as provided in Section 7-8 of this Code, | ||||||
15 | and a new petition may be filed upon receipt of the regional | ||||||
16 | board of school trustees' notice stating that the original | ||||||
17 | petition was dismissed by operation of law. | ||||||
18 | For all petitions under this Section, the legal resident | ||||||
19 | voters must be determined by the official voter registration | ||||||
20 | lists as of the date the petition is filed. No signatures may | ||||||
21 | be added or withdrawn after the date the petition is filed. The | ||||||
22 | length of time for signatures to be valid, before filing of the | ||||||
23 | petition, may not exceed 6 months. Notwithstanding any | ||||||
24 | provision to the contrary contained in the Election Code, the | ||||||
25 | regional superintendent of schools shall make all | ||||||
26 | determinations regarding the validity of the petition, |
| |||||||
| |||||||
1 | including, without limitation, signatures on the petition. Any | ||||||
2 | party who is dissatisfied with the determination of the | ||||||
3 | regional superintendent regarding the validity of the petition | ||||||
4 | may appeal the regional superintendent's decision to the | ||||||
5 | regional board of school trustees by motion, and the motion | ||||||
6 | must be heard by the regional board of school trustees prior to | ||||||
7 | any hearing on annexing the territory of a district being | ||||||
8 | dissolved.
If no opposition petition is timely filed, the The | ||||||
9 | regional board of school trustees
shall have no authority to | ||||||
10 | deny dissolution requested in a proper petition
for dissolution | ||||||
11 | filed under this Section subsection (b) , but shall exercise its
| ||||||
12 | discretion in accordance with Section 7-11 of this Code on the | ||||||
13 | issue of annexing the
territory of a district being dissolved, | ||||||
14 | giving consideration to but not
being bound by the wishes | ||||||
15 | expressed by the residents of
the various school districts that | ||||||
16 | may be affected by such annexation.
| ||||||
17 | When dissolution and annexation become effective for | ||||||
18 | purposes of
administration and attendance as determined | ||||||
19 | pursuant to Section 7-11,
the positions of teachers
in | ||||||
20 | contractual continued service in the district being dissolved | ||||||
21 | are
transferred to an
annexing district or to annexing | ||||||
22 | districts pursuant to the provisions of subsection (h) of | ||||||
23 | Section 24-11 of this Code
relative to teachers having | ||||||
24 | contractual continued service
status whose positions are | ||||||
25 | transferred from one board to the control of a
different board, | ||||||
26 | and those said provisions of subsection (h) of Section 24-11 of |
| |||||||
| |||||||
1 | this Code shall apply to
said transferred teachers. In the | ||||||
2 | event that the territory is added to 2
or more districts, the | ||||||
3 | decision on which positions shall be transferred to
which | ||||||
4 | annexing districts shall be made giving consideration to the
| ||||||
5 | proportionate percent of pupils transferred and the annexing | ||||||
6 | districts'
staffing needs, and the transfer of specific | ||||||
7 | individuals into such positions
shall be based upon the request | ||||||
8 | of those teachers in order of seniority in
the dissolving | ||||||
9 | district. The contractual continued service status of any
| ||||||
10 | teacher thereby transferred to an annexing district is not lost | ||||||
11 | and the
different board is subject to this Act with respect to | ||||||
12 | such transferred
teacher in the same manner as if such teacher | ||||||
13 | was that district's employee
and had been its employee during | ||||||
14 | the time such teacher was actually
employed by the board of the | ||||||
15 | dissolving district from which the position
was transferred.
| ||||||
16 | (Source: P.A. 98-125, eff. 8-2-13; 99-657, eff. 7-28-16.)
| ||||||
17 | (105 ILCS 5/7-4) (from Ch. 122, par. 7-4)
| ||||||
18 | Sec. 7-4. Requirements for granting petitions. No petition | ||||||
19 | shall be
granted under Section 7-1 or 7-2 of this Code:
| ||||||
20 | (a) If there will be any non-high school territory | ||||||
21 | resulting from
the granting of the petition.
| ||||||
22 | (b) (Blank). Unless after granting the petition any | ||||||
23 | community unit district,
community consolidated district, | ||||||
24 | elementary district or high school district
created shall have | ||||||
25 | a population of at least
2,000 and an equalized assessed |
| |||||||
| |||||||
1 | valuation of at least $6,000,000 based
upon the last value as | ||||||
2 | equalized by the Department of Revenue
as of the date of filing | ||||||
3 | of the petition.
| ||||||
4 | (c) Unless the territory within any district so created or | ||||||
5 | any
district whose boundaries are affected by the granting of a | ||||||
6 | petition
shall after the granting thereof be compact and | ||||||
7 | contiguous, except as
provided in Section 7-6 of this Code or | ||||||
8 | as otherwise provided in this subdivision (c). The fact that a | ||||||
9 | district is
divided by territory lying within the corporate | ||||||
10 | limits of the city of
Chicago shall not render it non-compact | ||||||
11 | or non-contiguous. If, pursuant to a petition filed under | ||||||
12 | Section 7-1 or 7-2 of this Code, all of the territory of a | ||||||
13 | district is to be annexed to another district, then the | ||||||
14 | annexing district and the annexed district need not be | ||||||
15 | contiguous if the following requirements are met and documented | ||||||
16 | within 2 calendar years prior to the petition filing date:
| ||||||
17 | (1) the distance between each district administrative | ||||||
18 | office is documented as no more than 30 miles; | ||||||
19 | (2) every district contiguous to the district wishing | ||||||
20 | to be annexed determines that it is not interested in | ||||||
21 | participating in a petition filed under Section 7-1 or 7-2 | ||||||
22 | of this Code, through a vote of its school board, and | ||||||
23 | documents that non-interest in a letter to the regional | ||||||
24 | board of school trustees containing approved minutes that | ||||||
25 | record the school board vote; and | ||||||
26 | (3) documentation of meeting these requirements are |
| |||||||
| |||||||
1 | presented as evidence at the hearing required under Section | ||||||
2 | 7-6 of this Code. | ||||||
3 | (d) (Blank). To create any school district with a | ||||||
4 | population of less than
2,000 unless the State Board of | ||||||
5 | Education and the regional
superintendent of schools for the | ||||||
6 | region in which the proposed district
will lie shall certify to | ||||||
7 | the regional board or boards of school trustees
that the | ||||||
8 | creation of such new district will not interfere with the
| ||||||
9 | ultimate reorganization of the territory of such proposed | ||||||
10 | district as a
part of a district having a population of 2,000 | ||||||
11 | or more.
Notwithstanding any other provisions of this Article, | ||||||
12 | the granting or
approval by a regional board or regional boards | ||||||
13 | of school trustees or by the
State Superintendent of Education | ||||||
14 | of a petition that under subsection (b-5) of
Section 7-6 is | ||||||
15 | required to request the submission of a proposition at a | ||||||
16 | regular
scheduled election for the purpose of voting for or | ||||||
17 | against the annexation of
the territory described in the | ||||||
18 | petition to the
school district proposing to annex that | ||||||
19 | territory is subject to, and any change
in school district | ||||||
20 | boundaries pursuant to the granting of the petition shall
not | ||||||
21 | be made except upon, approval of the proposition at the | ||||||
22 | election in the
manner provided by Section 7-7.7.
| ||||||
23 | (Source: P.A. 98-125, eff. 8-2-13.)
| ||||||
24 | (105 ILCS 5/7-4.1) (from Ch. 122, par. 7-4.1)
| ||||||
25 | Sec. 7-4.1. Copies of petition. Each petition submitted |
| |||||||
| |||||||
1 | under the provisions of Section 7-1 of this Code or 7-2
shall | ||||||
2 | include proof of notice to owners of record of real estate with | ||||||
3 | no legal resident voters in any territory proposed to be | ||||||
4 | detached, if applicable, and be accompanied by sufficient | ||||||
5 | copies thereof for distribution to the president of the school
| ||||||
6 | board of each detaching or dissolving and annexing school | ||||||
7 | district involved . The copies need not contain original | ||||||
8 | signatures be signed by
the petitioners as is required of the | ||||||
9 | original petition.
| ||||||
10 | (Source: Laws 1963, p. 3037 .)
| ||||||
11 | (105 ILCS 5/7-5) (from Ch. 122, par. 7-5)
| ||||||
12 | Sec. 7-5. Detachment set aside upon petition. If there is a | ||||||
13 | recognized school district which as a result of detachment
is | ||||||
14 | without a school building, the detachment may be set aside by | ||||||
15 | the regional county
board of school trustees of the region in | ||||||
16 | county over which the regional county superintendent
of schools | ||||||
17 | had supervision and control , as defined in Section 3-14.2 of | ||||||
18 | this Code, prior to the detachment upon
petition by two-thirds | ||||||
19 | of the eligible voters in the school district after
such | ||||||
20 | detachment and the detached area. The regional county board of | ||||||
21 | school trustees
shall conduct a hearing upon the petition as | ||||||
22 | prescribed and in the manner
provided in Section 7-6 of this | ||||||
23 | Code .
| ||||||
24 | (Source: Laws 1961, p. 31 .)
|
| |||||||
| |||||||
1 | (105 ILCS 5/7-6) (from Ch. 122, par. 7-6)
| ||||||
2 | Sec. 7-6. Petition filing; notice; hearing; decision.
| ||||||
3 | (a) The secretary of the regional board of school trustees | ||||||
4 | or his or her designee, the chief administrative officer of an | ||||||
5 | educational service center under Section 7-04 of this Code or | ||||||
6 | his or her designee, or the person designated by the trustees | ||||||
7 | of schools of the township in accordance with subsection (a-10) | ||||||
8 | of Section 7-04 of this Code, as appropriate, shall receive the | ||||||
9 | filing of the petition, make the determination of validity in | ||||||
10 | accordance with subsection (a) of Section 7-1 of this Section, | ||||||
11 | publish the notice, conduct the hearing, and issue the final | ||||||
12 | order. Upon the filing of a petition with the secretary of the | ||||||
13 | regional board
of school trustees under the provisions of | ||||||
14 | Section 7-1 or 7-2 of this Code,
Act the secretary shall cause | ||||||
15 | a copy of such petition to be given to the president of the | ||||||
16 | school
each board of each detaching or dissolving and annexing | ||||||
17 | school any district involved in the proposed boundary change | ||||||
18 | and
shall cause a notice thereof to be published once in a | ||||||
19 | newspaper having
general circulation within the area of the | ||||||
20 | detaching or dissolving and annexing territory described in the
| ||||||
21 | petition for the proposed change of boundaries .
| ||||||
22 | (b) (Blank). When a joint hearing is required under the | ||||||
23 | provisions of Section
7-2, the secretary also shall cause a | ||||||
24 | copy of the notice to be sent to the
regional board of school | ||||||
25 | trustees of each region affected. Notwithstanding
the | ||||||
26 | foregoing provisions of this Section, if the secretary of the |
| |||||||
| |||||||
1 | regional
board of school trustees with whom a petition is filed | ||||||
2 | under Section 7-2 fails,
within 30 days after the filing of | ||||||
3 | such petition, to cause notice thereof
to be published and sent | ||||||
4 | as required by this Section, then the secretary of
the regional | ||||||
5 | board of school trustees of any other region affected may
cause | ||||||
6 | the required notice to be published and sent, and the joint | ||||||
7 | hearing
may be held in any region affected as provided in the | ||||||
8 | notice so
published.
| ||||||
9 | (b-5) If a petition filed under subsection (a) of Section | ||||||
10 | 7-1 of this Code or under
Section 7-2 proposes to annex all the | ||||||
11 | territory of a school district to another
school district, the | ||||||
12 | petition shall request the
submission of a proposition at a | ||||||
13 | regular scheduled election for the purpose of
voting for or | ||||||
14 | against the annexation of the
territory described in the | ||||||
15 | petition to the school district proposing to annex
that | ||||||
16 | territory. No petition filed or election held under this | ||||||
17 | Article shall be
null and void, invalidated, or deemed in | ||||||
18 | noncompliance with the Election Code
because of a failure to | ||||||
19 | publish a notice with respect to the petition or
referendum as | ||||||
20 | required under subsection (g) of Section 28-2 of that Code for
| ||||||
21 | petitions that are not filed under this Article or Article 11E
| ||||||
22 | of this Code.
| ||||||
23 | (c) When a petition contains more than 10 signatures the | ||||||
24 | petition shall
designate a committee of 10 of the petitioners | ||||||
25 | as attorney in fact for all
petitioners, any 7 of whom may make | ||||||
26 | binding stipulations on behalf of all
petitioners as to any |
| |||||||
| |||||||
1 | question with respect to the petition or hearing or
joint | ||||||
2 | hearing , and the regional board of school trustees , or regional
| ||||||
3 | boards of school trustees in cases of a joint hearing may | ||||||
4 | accept such
stipulation in lieu of evidence or proof of the | ||||||
5 | matter stipulated. The
committee of petitioners shall have the | ||||||
6 | same power to stipulate to
accountings or waiver thereof | ||||||
7 | between school districts; however, the
regional board of school | ||||||
8 | trustees , or regional boards of school trustees in
cases of a | ||||||
9 | joint hearing may refuse to accept such stipulation.
Those | ||||||
10 | designated as the committee of 10 shall serve in that capacity | ||||||
11 | until
such time as the regional superintendent of schools or | ||||||
12 | the committee of 10
determines that, because of death, | ||||||
13 | resignation, transfer of residency from the
territory, or | ||||||
14 | failure to qualify, the office of a particular member of the
| ||||||
15 | committee of 10 is vacant. Upon determination that a vacancy | ||||||
16 | exists, the
remaining members shall appoint a petitioner to | ||||||
17 | fill the designated vacancy on
the committee of 10. The | ||||||
18 | appointment of any new members by the committee of 10
shall be | ||||||
19 | made by a simple majority vote of the remaining designated | ||||||
20 | members.
| ||||||
21 | (d) The petition may be amended to withdraw not to exceed a | ||||||
22 | total of 10%
of the territory in the petition at any time prior | ||||||
23 | to the hearing or joint
hearing ; provided that the petition | ||||||
24 | shall after amendment comply with the
requirements as to the | ||||||
25 | number of signatures required on an original petition.
| ||||||
26 | (e) The petitioners shall pay the expenses of publishing |
| |||||||
| |||||||
1 | the notice and
of any transcript taken at the hearing and | ||||||
2 | mailing the final order or joint hearing ; and , in case of an
| ||||||
3 | appeal from the decision of the regional board of school | ||||||
4 | trustees , or
regional boards of school trustees in cases of a | ||||||
5 | joint hearing, or State
Superintendent of Education in cases | ||||||
6 | determined under subsection (l) of
this Section, the appellants | ||||||
7 | shall pay the cost of preparing the record
for appeal. The | ||||||
8 | regional superintendent of schools with whom the petition is | ||||||
9 | filed may request a deposit at the time of filing to cover | ||||||
10 | expenses as provided in this subsection (e).
| ||||||
11 | (f) The notice shall state when the petition was filed, the | ||||||
12 | description
of the detaching territory or name of the | ||||||
13 | dissolving district, the name of the annexing district , the | ||||||
14 | prayer of the petition , and the return day and time on and | ||||||
15 | location in which
the hearing or joint hearing upon the | ||||||
16 | petition will be held , which shall not
be more than 30 15 nor | ||||||
17 | less than 15 calendar 10 days after the publication of notice.
| ||||||
18 | (g) Prior to the hearing, the secretary of the regional | ||||||
19 | board of school trustees shall submit to the regional board of | ||||||
20 | school trustees maps showing the districts involved and a | ||||||
21 | written report of the financial and educational conditions of | ||||||
22 | the districts involved and the probable effect of the proposed | ||||||
23 | changes. The reports and maps submitted must be made a part of | ||||||
24 | the record of the proceedings of the regional board of school | ||||||
25 | trustees. A copy of the report and maps submitted must be sent | ||||||
26 | by the secretary of the regional board of school trustees to |
| |||||||
| |||||||
1 | the president of the school board of each detaching or | ||||||
2 | dissolving and annexing school district not less than 5 days | ||||||
3 | prior to the day upon which the hearing is to be held. On such | ||||||
4 | return day or on a day to which the regional board of school
| ||||||
5 | trustees, or regional boards of school trustees in cases of a | ||||||
6 | joint
hearing shall continue the hearing or joint hearing the | ||||||
7 | regional board of
school trustees, or regional boards of school | ||||||
8 | trustees in cases of a joint
hearing shall hear the petition | ||||||
9 | but may adjourn the hearing or joint
hearing from time to time | ||||||
10 | or may continue the matter for want of sufficient
notice or | ||||||
11 | other good cause.
| ||||||
12 | (h) On the hearing day or on a day to which the regional | ||||||
13 | board of school trustees shall continue the hearing, the | ||||||
14 | regional board of school trustees shall hear the petition but | ||||||
15 | may adjourn the hearing from time to time or may continue the | ||||||
16 | matter for want of sufficient notice or other good cause. Prior | ||||||
17 | to the hearing or joint hearing the secretary of the regional
| ||||||
18 | board of school trustees shall submit to the regional board of | ||||||
19 | school trustees,
or regional boards of school trustees in cases | ||||||
20 | of a joint hearing maps showing
the districts involved, a | ||||||
21 | written report of financial and educational
conditions of | ||||||
22 | districts involved and the probable effect of the proposed
| ||||||
23 | changes. The reports and maps submitted shall be made a part of | ||||||
24 | the record of
the proceedings of the regional board of school | ||||||
25 | trustees, or regional boards of
school trustees in cases of a | ||||||
26 | joint hearing. A copy of the report and maps
submitted shall be |
| |||||||
| |||||||
1 | sent by the secretary of the regional board of school
trustees | ||||||
2 | to each board of the districts involved, not less than 5 days | ||||||
3 | prior to
the day upon which the hearing or joint hearing is to | ||||||
4 | be held.
| ||||||
5 | (h-5) Except for motions and briefs challenging the | ||||||
6 | validity of a petition or otherwise challenging the | ||||||
7 | jurisdiction of the regional board of school trustees to | ||||||
8 | conduct a hearing on a petition and except for motions and | ||||||
9 | briefs related to the type of evidence the regional board of | ||||||
10 | school trustees may consider under subsection (i) of this | ||||||
11 | Section, no other motions, pleadings, briefs, discovery | ||||||
12 | requests, or other like documents may be filed with the | ||||||
13 | regional board of school trustees or served on other parties, | ||||||
14 | and the regional board of school trustees shall have no | ||||||
15 | authority to consider such documents, except that if a legal | ||||||
16 | issue arises during a hearing, then the regional board of | ||||||
17 | school trustees may, at its discretion, request briefs to be | ||||||
18 | submitted to it on that issue. | ||||||
19 | (i) The regional board of school trustees shall
hear | ||||||
20 | evidence as to the school needs and conditions of the
territory | ||||||
21 | in the area within and adjacent thereto and the
effect | ||||||
22 | detachment will have on those needs and conditions and
as to | ||||||
23 | the ability of the detaching or dissolving and annexing school | ||||||
24 | districts to meet the
standards of recognition as prescribed by | ||||||
25 | the State Board of
Education, shall take into consideration the | ||||||
26 | division of
funds and assets that will result from the change |
| |||||||
| |||||||
1 | of
boundaries, and shall determine whether it is in the best
| ||||||
2 | interests of the schools of the area and the direct educational
| ||||||
3 | welfare of the pupils that such change in boundaries be
| ||||||
4 | granted. If non-high school territory is contained in
the | ||||||
5 | petition, the normal high school attendance pattern of the
| ||||||
6 | pupils must be taken into consideration. If the non-high
school | ||||||
7 | territory overlies an elementary district, a part of
which is | ||||||
8 | in a high school district, such territory may be
annexed to the | ||||||
9 | high school district even though the territory is not | ||||||
10 | contiguous
to the high school district. However, upon | ||||||
11 | resolution by the
regional board of school trustees, the | ||||||
12 | secretary thereof shall conduct the hearing upon any boundary | ||||||
13 | petition and present a transcript of such
hearing to the | ||||||
14 | trustees, who shall base their decision upon the
transcript, | ||||||
15 | maps, and information and any presentation of
counsel. The | ||||||
16 | regional board of school trustees or regional boards of school
| ||||||
17 | trustees in cases of a joint hearing shall hear evidence as to | ||||||
18 | the school
needs and conditions of the territory in the area | ||||||
19 | within and adjacent
thereto and the effect detachment will have | ||||||
20 | on those needs and conditions and as to the ability of the | ||||||
21 | districts affected to meet the
standards of recognition as | ||||||
22 | prescribed by the State Board of Education, and
shall take into | ||||||
23 | consideration the division of funds and assets which will
| ||||||
24 | result from the change of boundaries and shall determine | ||||||
25 | whether it is to
the best interests of the schools of the area | ||||||
26 | and the direct educational welfare
of the pupils that such |
| |||||||
| |||||||
1 | change in boundaries be granted, and in case
non-high school | ||||||
2 | territory is contained in the petition the normal high
school | ||||||
3 | attendance pattern of the children shall be taken into
| ||||||
4 | consideration. If the non-high school territory overlies an | ||||||
5 | elementary
district, a part of which is in a high school | ||||||
6 | district, such territory may
be annexed to such high school | ||||||
7 | district even though not contiguous to the
high school | ||||||
8 | district. However, upon resolution by the regional board of
| ||||||
9 | school trustees, or regional boards of school trustees in cases | ||||||
10 | of a joint
hearing the secretary or secretaries thereof shall | ||||||
11 | conduct the hearing or
joint hearing upon any boundary petition | ||||||
12 | and present a transcript of such
hearing to the trustees who | ||||||
13 | shall base their decision upon the transcript,
maps and | ||||||
14 | information and any presentation of counsel. In the instance of | ||||||
15 | a change of boundaries through detachment:
| ||||||
16 | (1) When considering the effect the detachment will | ||||||
17 | have on the direct educational welfare of the pupils, the | ||||||
18 | regional board of school trustees or the regional boards of | ||||||
19 | school trustees shall consider a comparison of the school | ||||||
20 | report cards for the schools of the detaching and annexing | ||||||
21 | affected districts and the school district report cards for | ||||||
22 | the detaching and annexing affected districts only if there | ||||||
23 | is no more than a 3% difference in the minority, | ||||||
24 | low-income, and English learner student populations of the | ||||||
25 | relevant schools of the districts. | ||||||
26 | (2) The community of interest of the petitioners and |
| |||||||
| |||||||
1 | their children and the effect detachment will have on the | ||||||
2 | whole child may be considered only if the regional board of | ||||||
3 | school trustees or the regional boards of school trustees | ||||||
4 | first determines determine that there would be a | ||||||
5 | significant direct educational benefit to the petitioners' | ||||||
6 | children if the change in boundaries were allowed. | ||||||
7 | (3) When petitioners cite an annexing district | ||||||
8 | attendance center or centers in the petition or during | ||||||
9 | testimony, the regional board of school trustees or the | ||||||
10 | regional boards of school trustees may consider the | ||||||
11 | difference in the distances from the detaching area to the | ||||||
12 | current attendance centers and the cited annexing district | ||||||
13 | attendance centers only if the difference is no less than | ||||||
14 | 10 miles shorter to one of the cited annexing district | ||||||
15 | attendance centers than it is to the corresponding current | ||||||
16 | attendance center. | ||||||
17 | (4) The regional board of school trustees or the | ||||||
18 | regional boards of school trustees may not grant a petition | ||||||
19 | if doing so will increase the percentage of minority or | ||||||
20 | low-income students or English learners by more than 3% at | ||||||
21 | the attendance center where students in the detaching | ||||||
22 | territory currently attend, provided that if the | ||||||
23 | percentage of any one of those groups also decreases at | ||||||
24 | that attendance center, the regional board or boards may | ||||||
25 | grant the petition upon consideration of other factors | ||||||
26 | under this Section and this Article. |
| |||||||
| |||||||
1 | (5) The regional board of school trustees or the | ||||||
2 | regional boards of school trustees may not consider whether | ||||||
3 | changing the boundaries will increase the property values | ||||||
4 | of the petitioners' property. | ||||||
5 | The factors in subdivisions (1) through (5) of this | ||||||
6 | subsection (i) are applicable whether or not there are children | ||||||
7 | residing in the petitioning area at the time the hearing is | ||||||
8 | conducted. | ||||||
9 | If the regional board of school trustees or the regional | ||||||
10 | boards of school trustees grants a petition to change school | ||||||
11 | district boundaries, then the annexing school district shall | ||||||
12 | determine the attendance center or centers that children from | ||||||
13 | the petitioning area shall attend. | ||||||
14 | (j) At the hearing , or joint hearing any resident of the | ||||||
15 | territory described
in the petition or any resident in any | ||||||
16 | detaching, dissolving, or annexing school district or any | ||||||
17 | representative of a detaching, dissolving, or annexing school | ||||||
18 | district affected by the proposed change
of boundaries may | ||||||
19 | appear in person or by an attorney in support of the
petition | ||||||
20 | or to object to the granting of the petition and may present
| ||||||
21 | evidence in support of his or her position through either oral | ||||||
22 | or written testimony .
| ||||||
23 | (k) At the conclusion of the hearing, the regional | ||||||
24 | superintendent of schools as secretary to the regional board of | ||||||
25 | school trustees shall, within 30 days, enter an order either | ||||||
26 | granting or denying the petition. The regional superintendent |
| |||||||
| |||||||
1 | of schools shall deliver a certified copy of the order by | ||||||
2 | certified mail, return receipt requested, to the petitioners or | ||||||
3 | committee of petitioners, as applicable; the president of the | ||||||
4 | school board of each detaching or dissolving and annexing | ||||||
5 | district; any person providing testimony in support of or | ||||||
6 | opposition to the petition at the hearing; and any attorney who | ||||||
7 | appears for a person. The regional superintendent of schools | ||||||
8 | shall also deliver a copy of the order to the regional | ||||||
9 | superintendent of schools who has supervision and control, as | ||||||
10 | defined in Section 3-14.2 of this Code, of the annexing | ||||||
11 | district if different from the regional superintendent of | ||||||
12 | schools with whom the petition was filed. The regional | ||||||
13 | superintendent of schools is not required to send a copy of the | ||||||
14 | regional board of school trustees' order to those attending the | ||||||
15 | hearing but not participating. The final order shall be in | ||||||
16 | writing and include findings of fact, conclusions of law, and | ||||||
17 | the decision to grant or deny the petition. At the conclusion | ||||||
18 | of the hearing, other than a joint hearing,
the regional | ||||||
19 | superintendent of schools as ex officio member of the regional
| ||||||
20 | board of school trustees shall within 30 days enter an order | ||||||
21 | either
granting or denying the petition and shall deliver to | ||||||
22 | the committee of
petitioners, if any, and any person who has | ||||||
23 | filed his appearance in
writing at the hearing and any attorney | ||||||
24 | who appears for any person and
any objector who testifies at | ||||||
25 | the hearing and the regional superintendent
of schools a | ||||||
26 | certified copy of its order.
|
| |||||||
| |||||||
1 | (l) Notwithstanding the foregoing provisions of this | ||||||
2 | Section, if
within 12 9 months after a petition is submitted | ||||||
3 | under the provisions of
Section 7-1 of this Code the petition | ||||||
4 | is not approved or denied by the regional board of
school | ||||||
5 | trustees and the order approving or denying that petition | ||||||
6 | entered and
a copy thereof served as provided in this Section, | ||||||
7 | petitioners the school boards or
registered voters of the | ||||||
8 | districts affected that submitted the petition (or
the | ||||||
9 | committee of 10, or an attorney acting on its behalf, if | ||||||
10 | designated
in the petition) may submit a copy of the petition | ||||||
11 | directly to the State
Superintendent of Education for approval | ||||||
12 | or denial. The copy of the petition
as so submitted shall be | ||||||
13 | accompanied by a record of all proceedings had with
respect to | ||||||
14 | the petition up to the time the copy of the petition is | ||||||
15 | submitted to
the State Superintendent of Education (including a | ||||||
16 | copy of any notice given or
published, any certificate or other | ||||||
17 | proof of publication, copies of any maps or
written report of | ||||||
18 | the financial and educational conditions of the school
| ||||||
19 | districts affected if furnished by the secretary of the | ||||||
20 | regional board of
school trustees, copies of any amendments to | ||||||
21 | the petition and stipulations
made, accepted or refused, a | ||||||
22 | transcript of any hearing or part of a hearing
held, continued | ||||||
23 | or adjourned on the petition, and any orders entered with
| ||||||
24 | respect to the petition or any hearing held thereon). The | ||||||
25 | petitioners school boards,
registered voters or committee of 10 | ||||||
26 | submitting the petition and record of
proceedings to the State |
| |||||||
| |||||||
1 | Superintendent of Education shall give written notice
by | ||||||
2 | certified mail, return receipt requested , to the regional board | ||||||
3 | of school
trustees and to the secretary of that board and to | ||||||
4 | the detaching or dissolving and annexing school districts that | ||||||
5 | the petition has been
submitted to the State Superintendent of | ||||||
6 | Education for approval or denial , and
shall furnish a copy of | ||||||
7 | the notice so given to the State Superintendent of
Education. | ||||||
8 | The cost of assembling the record of proceedings for submission | ||||||
9 | to
the State Superintendent of Education shall be the | ||||||
10 | responsibility of the petitioners that submit school
boards, | ||||||
11 | registered voters or committee of 10 that submits the petition | ||||||
12 | and
record of proceedings to the State Superintendent of | ||||||
13 | Education. When a
petition is submitted to the State | ||||||
14 | Superintendent of Education in accordance
with the provisions | ||||||
15 | of this paragraph:
| ||||||
16 | (1) The regional board of school trustees loses all | ||||||
17 | jurisdiction over
the petition and shall have no further | ||||||
18 | authority to hear, approve, deny
or otherwise act with | ||||||
19 | respect to the petition.
| ||||||
20 | (2) All jurisdiction over the petition and the right | ||||||
21 | and duty to hear,
approve, deny or otherwise act with | ||||||
22 | respect to the petition is transferred
to and shall be | ||||||
23 | assumed and exercised by the State Superintendent of | ||||||
24 | Education.
| ||||||
25 | (3) The State Superintendent of Education shall not be | ||||||
26 | required to repeat
any proceedings that were conducted in |
| |||||||
| |||||||
1 | accordance with the provisions of
this Section prior to the | ||||||
2 | time jurisdiction over the petition is transferred
to him, | ||||||
3 | but the State Superintendent of Education shall be required | ||||||
4 | to give
and publish any notices and hold or complete any | ||||||
5 | hearings that were
not given, held or completed by the | ||||||
6 | regional board of school trustees or
its secretary as | ||||||
7 | required by this Section prior to the time jurisdiction
| ||||||
8 | over the petition is transferred to the State | ||||||
9 | Superintendent of Education.
| ||||||
10 | (4) If so directed by the State Superintendent of | ||||||
11 | Education, the regional
superintendent of schools shall | ||||||
12 | submit to the State Superintendent of
Education and to such | ||||||
13 | school boards as the State Superintendent of Education
| ||||||
14 | shall prescribe accurate maps and a written report of the | ||||||
15 | financial and
educational conditions of the districts | ||||||
16 | affected and the probable effect of
the proposed boundary | ||||||
17 | changes.
| ||||||
18 | (5) The State Superintendent is authorized to conduct | ||||||
19 | further
hearings, or appoint a hearing officer to conduct | ||||||
20 | further hearings,
on the petition even though a hearing | ||||||
21 | thereon was held as provided in this
Section prior to the | ||||||
22 | time jurisdiction over the petition is transferred to
the | ||||||
23 | State Superintendent of Education.
| ||||||
24 | (6) The State Superintendent of Education or the | ||||||
25 | hearing officer shall
hear evidence and approve or deny the | ||||||
26 | petition and shall enter an order to that
effect and |
| |||||||
| |||||||
1 | deliver and serve the same as required in other cases to be | ||||||
2 | done by
the regional board of school trustees and the | ||||||
3 | regional superintendent of
schools as secretary an ex | ||||||
4 | officio member of that board.
| ||||||
5 | (m) (Blank). Within 10 days after the conclusion of a joint | ||||||
6 | hearing required under
the provisions of Section 7-2, each | ||||||
7 | regional board of school trustees shall
meet together and | ||||||
8 | render a decision with regard to the joint hearing on the
| ||||||
9 | petition. If the regional boards of school trustees fail to | ||||||
10 | enter a joint
order either granting or denying the petition, | ||||||
11 | the regional superintendent
of schools for the educational | ||||||
12 | service region in which the joint hearing is
held shall enter | ||||||
13 | an order denying the petition, and within 30 days after the
| ||||||
14 | conclusion of the joint hearing shall deliver a copy of the | ||||||
15 | order denying the
petition to the regional boards of school | ||||||
16 | trustees of each region affected,
to the committee of | ||||||
17 | petitioners, if any, to any person who has filed his
appearance | ||||||
18 | in writing at the hearing and to any attorney who appears for
| ||||||
19 | any person at the joint hearing. If the regional boards of | ||||||
20 | school trustees
enter a joint order either granting or denying | ||||||
21 | the petition, the regional
superintendent of schools for the | ||||||
22 | educational service region in which the
joint hearing is held | ||||||
23 | shall, within 30 days of the conclusion of the
hearing, deliver | ||||||
24 | a copy of the joint order to those same committees and
persons | ||||||
25 | as are entitled to receive copies of the regional | ||||||
26 | superintendent's
order in cases where the regional boards of |
| |||||||
| |||||||
1 | school trustees have failed to
enter a joint order.
| ||||||
2 | (n) Within 10 days after service of a copy of the order | ||||||
3 | granting or
denying the petition, any person so served may | ||||||
4 | petition for a rehearing
and, upon sufficient cause being | ||||||
5 | shown, a rehearing may be granted . The regional board of school | ||||||
6 | trustees shall first determine whether there is sufficient | ||||||
7 | cause for a rehearing. If so determined, then the regional | ||||||
8 | board of school trustees shall allow the petition to be heard | ||||||
9 | anew in its entirety in accordance with all procedures in this | ||||||
10 | Article. The party requesting a rehearing shall pay the | ||||||
11 | expenses of publishing the notice and of any transcript taken | ||||||
12 | at the hearing. The
filing of a petition for rehearing shall | ||||||
13 | operate as a stay of enforcement
until the regional board of | ||||||
14 | school trustees , or regional boards of school
trustees in cases | ||||||
15 | of a joint hearing, or State Superintendent of Education
in | ||||||
16 | cases determined under subsection (l) of this Section enters | ||||||
17 | enter the final
order on such petition for rehearing.
| ||||||
18 | (o) If a petition filed under subsection (a) of Section 7-1 | ||||||
19 | or under
Section 7-2 is required under the provisions of | ||||||
20 | subsection (b-5) of this
Section 7-6 to request submission of a | ||||||
21 | proposition at a regular scheduled
election for the purpose of | ||||||
22 | voting for or against the annexation of the
territory described | ||||||
23 | in the petition to the
school district proposing to annex that | ||||||
24 | territory, and if the petition is
granted or approved by the | ||||||
25 | regional board or regional boards of school trustees
or by the | ||||||
26 | State Superintendent of Education, the proposition shall be |
| |||||||
| |||||||
1 | placed on
the ballot at the next regular scheduled election.
| ||||||
2 | (Source: P.A. 99-475, eff. 1-1-16 .)
| ||||||
3 | (105 ILCS 5/7-7) (from Ch. 122, par. 7-7)
| ||||||
4 | Sec. 7-7. Administrative Review Law. The decision of the | ||||||
5 | regional board
of school trustees , or the decision of the | ||||||
6 | regional boards of school
trustees following a joint hearing, | ||||||
7 | or the decision of the State
Superintendent of Education in | ||||||
8 | cases determined pursuant to subsection (l)
of Section 7-6 of | ||||||
9 | this Code , shall be deemed an "administrative decision" as | ||||||
10 | defined in
Section 3-101 of the Code of Civil Procedure; and | ||||||
11 | any resident , who appears
at the hearing or any petitioner , or | ||||||
12 | board of education entitled to receive a certified copy of the | ||||||
13 | regional board of school trustees' order of any district
| ||||||
14 | affected may , within 35 days after a copy of the decision | ||||||
15 | sought to be
reviewed was served by certified mail, return | ||||||
16 | receipt requested, registered mail upon the resident, | ||||||
17 | petitioner, or board of education, the party affected thereby | ||||||
18 | file
a complaint for a judicial review of such decision in | ||||||
19 | accordance with the
Administrative Review Law and the rules | ||||||
20 | adopted pursuant thereto. The
commencement of any action for | ||||||
21 | judicial review shall operate as a stay of
enforcement, and no | ||||||
22 | further proceedings shall be had until final
disposition of | ||||||
23 | such review. If the transcript of the hearing is required to
be | ||||||
24 | presented to another county board of school trustees the
time | ||||||
25 | within which a complaint for review must be filed shall not |
| |||||||
| |||||||
1 | begin to
run until the decision of the regional board of school | ||||||
2 | trustees hearing
the petition has been granted or denied by the | ||||||
3 | regional board of school
trustees conducting a hearing on the | ||||||
4 | transcript. The circuit court of the
county in which the | ||||||
5 | dissolving district or detaching territory is located petition | ||||||
6 | is filed with the regional board of school
trustees shall have | ||||||
7 | sole jurisdiction to entertain a complaint for such
review when | ||||||
8 | only one regional board of school trustees must act; however,
| ||||||
9 | when the regional boards of school trustees act following a | ||||||
10 | joint hearing,
the circuit court of the county in which the | ||||||
11 | joint hearing on the original
petition is conducted shall have | ||||||
12 | sole jurisdiction of the complaint for
such review . In | ||||||
13 | instances in which the dissolving district or detaching | ||||||
14 | territory overlies more than one county, the circuit court of | ||||||
15 | the county where a majority of the territory of the dissolving | ||||||
16 | district or a majority of the territory of the detaching | ||||||
17 | territory is located shall have sole jurisdiction to entertain | ||||||
18 | a complaint for such review.
| ||||||
19 | (Source: P.A. 87-210.)
| ||||||
20 | (105 ILCS 5/7-8) (from Ch. 122, par. 7-8)
| ||||||
21 | Sec. 7-8. Limitation on successive petitions. No | ||||||
22 | territory, nor any part thereof,
which is involved in any | ||||||
23 | proceeding
to change the boundaries of a school district by | ||||||
24 | detachment or dissolution from or
annexation to such school | ||||||
25 | district of such territory, and which , after a hearing on the |
| |||||||
| |||||||
1 | merits of the petition or referendum vote, is not so
detached | ||||||
2 | or dissolved nor annexed , shall be again involved in | ||||||
3 | proceedings to change the
boundaries of such school district
| ||||||
4 | for at least 2 years after final
determination of such first | ||||||
5 | proceeding, unless during that 2-year period a
petition filed | ||||||
6 | is substantially different than any other previously filed
| ||||||
7 | petition during the previous 2 years or if a school district | ||||||
8 | involved is
identified as a priority district under Section | ||||||
9 | 2-3.25d-5 of this Code, is placed on the financial
watch list | ||||||
10 | by the State Board of Education, or is certified as being in
| ||||||
11 | financial difficulty during that 2-year
period or if such first | ||||||
12 | proceeding involved a petition brought under
Section 7-2b of | ||||||
13 | this Article 7. The 2-year period is counted beginning from the | ||||||
14 | date of a final administrative decision after all appeal | ||||||
15 | timelines have run, upon final court order after all appeal | ||||||
16 | timelines have run, or upon the certification of the election | ||||||
17 | results in the event of a dissolution. The 2-year period is 2 | ||||||
18 | calendar years.
| ||||||
19 | (Source: P.A. 99-193, eff. 7-30-15.)
| ||||||
20 | (105 ILCS 5/7-9) (from Ch. 122, par. 7-9)
| ||||||
21 | Sec. 7-9. Effective date of change. In case a petition is | ||||||
22 | filed for the creation of or the change of
boundaries of or for | ||||||
23 | an election to vote upon a proposition of
creating or annexing | ||||||
24 | territory to a school district after August
1, as provided in | ||||||
25 | this Article, and the change is granted
or the election |
| |||||||
| |||||||
1 | carries, and no appeal is taken such change shall become
| ||||||
2 | effective after the time for appeal has run for the purpose of | ||||||
3 | all
elections; however, the change shall not affect the | ||||||
4 | administration of
the schools until July 1 following the date | ||||||
5 | the petition is granted or
upon which the election is held and | ||||||
6 | the school boards of the districts
as they existed prior to the | ||||||
7 | change shall exercise the same power and
authority over such | ||||||
8 | territory until such date; however, new districts
shall be | ||||||
9 | permitted to organize and elect officers within the time
| ||||||
10 | prescribed by the general election law. In the event that the | ||||||
11 | granting of a petition has become final, either
through failure | ||||||
12 | to seek Administrative Review , or by the final decision
of a | ||||||
13 | court on review if no further appeal is taken, or upon | ||||||
14 | certification of election results in the event of a | ||||||
15 | dissolution , the change in boundaries shall become effective | ||||||
16 | the following July 1
forthwith . The school boards of the | ||||||
17 | districts as they existed prior to the change shall exercise | ||||||
18 | the same power and authority over such territory until such | ||||||
19 | date, unless However, if the granting of the petition becomes | ||||||
20 | final
between September 1 and June 30 of any year, the | ||||||
21 | administration of and
attendance at the schools shall not be | ||||||
22 | affected until the following July
1, when the change in | ||||||
23 | boundaries shall become effective for all
purposes. After the | ||||||
24 | granting of a petition has become final, the date
when the | ||||||
25 | change shall become effective for purposes of administration
| ||||||
26 | and attendance may be accelerated or postponed by stipulation |
| |||||||
| |||||||
1 | of each of
the school boards of each detaching or dissolving | ||||||
2 | and annexing school district and approval affected and approved | ||||||
3 | by the regional
board of school trustees or by the board of a | ||||||
4 | special charter district
with which the original petition is | ||||||
5 | required to be filed.
| ||||||
6 | (Source: P.A. 90-459, eff. 8-17-97.)
| ||||||
7 | (105 ILCS 5/7-10) (from Ch. 122, par. 7-10)
| ||||||
8 | Sec. 7-10. Map
showing change; filed change-Filed . Within | ||||||
9 | 30 thirty days after the boundaries of any school district have | ||||||
10 | been
changed , or a new district created under any of the | ||||||
11 | provisions of this
Article the regional county superintendent | ||||||
12 | of schools of any county involved shall
make and file with the | ||||||
13 | county clerk or clerks of his county a map of any detaching, | ||||||
14 | dissolving, or annexing school districts ,
involved in any | ||||||
15 | change of boundaries or creation of a new district
whereupon | ||||||
16 | the county clerks shall extend taxes against the territory in
| ||||||
17 | accordance therewith ; provided : Provided that if an action to | ||||||
18 | review such decision
under Section 7-7 of this Code is taken, | ||||||
19 | the regional superintendent of schools County Superintendent | ||||||
20 | of Schools shall not
file the map with the county clerk until | ||||||
21 | after he or she is served with a
certified copy of the order of | ||||||
22 | the final disposition of such review.
| ||||||
23 | (Source: Laws 1961, p. 31 .)
| ||||||
24 | (105 ILCS 5/7-10.5 new) |
| |||||||
| |||||||
1 | Sec. 7-10.5. Teacher transfer. When dissolution and | ||||||
2 | annexation become effective for purposes of administration and | ||||||
3 | attendance as determined pursuant to Section 7-9 or 7-11 of | ||||||
4 | this Code, as applicable, the positions of teachers in | ||||||
5 | contractual continued service in the district being dissolved | ||||||
6 | are transferred to an annexing district or to annexing | ||||||
7 | districts pursuant to the provisions of subsection (h) of | ||||||
8 | Section 24-11 of this Code relative to teachers having | ||||||
9 | contractual continued service status whose positions are | ||||||
10 | transferred from one school board to the control of a different | ||||||
11 | school board, and those said provisions of subsection (h) of | ||||||
12 | Section 24-11 of this Code shall apply to the transferred | ||||||
13 | teachers. In the event that the territory is added to 2 or more | ||||||
14 | districts, the decision on which positions are to be | ||||||
15 | transferred to which annexing districts must be made giving | ||||||
16 | consideration to the proportionate percentage of pupils | ||||||
17 | transferred and the annexing districts' staffing needs, and the | ||||||
18 | transfer of specific individuals into such positions must be | ||||||
19 | based upon the request of those teachers in order of seniority | ||||||
20 | in the dissolving district. The contractual continued service | ||||||
21 | status of any teacher thereby transferred to an annexing | ||||||
22 | district is not lost and the different school board is subject | ||||||
23 | to this Code with respect to the transferred teacher in the | ||||||
24 | same manner as if the teacher was that district's employee and | ||||||
25 | had been its employee during the time the teacher was actually | ||||||
26 | employed by the school board of the dissolving district from |
| |||||||
| |||||||
1 | which the position was transferred.
| ||||||
2 | (105 ILCS 5/7-11) (from Ch. 122, par. 7-11)
| ||||||
3 | Sec. 7-11. Annexation of dissolved non-operating | ||||||
4 | districts. If any school district has become dissolved as | ||||||
5 | provided in Section 5-32 of this Code ,
or if a petition for | ||||||
6 | dissolution is filed under subsection (b) of
Section 7-2a of | ||||||
7 | this Code , the regional board of school trustees shall attach | ||||||
8 | the
territory of such
dissolved district to one or more | ||||||
9 | districts and, if the territory is added
to 2 or more | ||||||
10 | districts, shall divide the property of the dissolved
district | ||||||
11 | among the districts to which its territory is added, in the | ||||||
12 | manner
provided for the division of property in case of the | ||||||
13 | organization of a new
district from a part of another district.
| ||||||
14 | The regional board of school trustees of the region in which | ||||||
15 | the regional
superintendent has supervision and control, as | ||||||
16 | defined in Section 3-14.2 of this Code, over the school | ||||||
17 | district that is dissolved
shall have all power necessary to | ||||||
18 | annex the territory of the dissolved
district as provided in | ||||||
19 | this Section, including the power to attach the
territory to a | ||||||
20 | school district under the supervision and control of the | ||||||
21 | regional
superintendent of another educational service region | ||||||
22 | and, in the case of Leepertown CCSD 175, the power to attach | ||||||
23 | the territory to a non-contiguous school district if deemed in | ||||||
24 | the best interests of the schools of the area and the | ||||||
25 | educational welfare of the pupils involved. The annexation of
|
| |||||||
| |||||||
1 | the territory of a dissolved school district under this Section | ||||||
2 | shall
entitle the school districts involved in the annexation | ||||||
3 | to payments from
the State Board of Education in the same | ||||||
4 | manner and to the same extent
authorized in the case of other | ||||||
5 | annexations under this Article. Other
provisions of this | ||||||
6 | Article 7 of this The School Code shall apply to and govern
| ||||||
7 | dissolutions and annexations under this Section and Section | ||||||
8 | 7-2a of this Code , except
that it is the intent of the General | ||||||
9 | Assembly that in the case of conflict the
provisions of this | ||||||
10 | Section and Section 7-2a of this Code shall control over the | ||||||
11 | other
provisions of this Article.
| ||||||
12 | The regional board of school trustees shall give notice of
| ||||||
13 | a hearing, to be held not less than 50 days nor more than 70 | ||||||
14 | days after a
school district is dissolved under Section 5-32 of | ||||||
15 | this Code or a petition is filed
under subsection (b) of | ||||||
16 | Section 7-2a of this Code , on
the disposition of the territory | ||||||
17 | of such school district by publishing a
notice thereof at least | ||||||
18 | once each week for 2 successive weeks in at least
one newspaper | ||||||
19 | having a general circulation within the area of the territory
| ||||||
20 | involved. At such hearing, the regional board of school | ||||||
21 | trustees shall hear
evidence as to the school needs and | ||||||
22 | conditions of the territory and of the
area within and adjacent | ||||||
23 | thereto, and shall take into consideration the
educational | ||||||
24 | welfare of the pupils of the territory and the normal high
| ||||||
25 | school attendance pattern of the children. In the case of an | ||||||
26 | elementary
school district, except for Leepertown CCSD 175, if |
| |||||||
| |||||||
1 | all the eighth grade graduates of such district
customarily | ||||||
2 | attend high school in the same high school district, the
| ||||||
3 | regional board of school trustees shall, unless it be
| ||||||
4 | impossible because of the
restrictions of a special charter | ||||||
5 | district, annex the territory of the
district to a contiguous | ||||||
6 | elementary school district whose eighth grade
graduates | ||||||
7 | customarily attend that high school, and that has an elementary
| ||||||
8 | school building nearest to the center of the territory to be | ||||||
9 | annexed, but
if such eighth grade graduates customarily attend | ||||||
10 | more than one high school
the regional board of school trustees | ||||||
11 | shall determine the
attendance pattern
of such graduates and | ||||||
12 | divide the territory of the district among the
contiguous | ||||||
13 | elementary districts whose graduates attend the same | ||||||
14 | respective
high schools.
| ||||||
15 | At the conclusion of the hearing, the regional | ||||||
16 | superintendent of schools, as secretary to the regional board | ||||||
17 | of school trustees, shall, within 10 days, enter an order | ||||||
18 | detailing the annexation of the dissolved district. The | ||||||
19 | regional superintendent of schools shall deliver a certified | ||||||
20 | copy of the order by certified mail, return receipt requested, | ||||||
21 | to the petitioners or committee of petitioners, as applicable; | ||||||
22 | the president of the school board of each dissolving and | ||||||
23 | annexing district; any person providing testimony in support of | ||||||
24 | or opposition to the petition at the hearing; and any attorney | ||||||
25 | who appears for any person. The regional superintendent of | ||||||
26 | schools shall also deliver a copy of the order to the regional |
| |||||||
| |||||||
1 | superintendent of schools who has supervision and control, as | ||||||
2 | defined in Section 3-14.2 of this Code, of the annexing | ||||||
3 | district, if different from the regional superintendent of | ||||||
4 | schools with whom the petition was filed. The regional | ||||||
5 | superintendent of schools is not required to send a copy of the | ||||||
6 | regional board of school trustees' order to those attending the | ||||||
7 | hearing but not participating. The final order shall be in | ||||||
8 | writing and include findings of fact, conclusions of law, and | ||||||
9 | the annexation decision. The decision of the regional board of | ||||||
10 | school trustees shall be The decision of the regional board of | ||||||
11 | school trustees in
such matter shall be issued within 10 days | ||||||
12 | after the conclusion of the
hearing and deemed an | ||||||
13 | "administrative decision" as defined in
Section 3-101 of the
| ||||||
14 | Code of Civil Procedure , and any resident , who appears at the | ||||||
15 | hearing
or any petitioner , or school board entitled to receive | ||||||
16 | a certified copy of the regional board of school trustees' | ||||||
17 | order may , within 10 days after a copy of the decision sought
| ||||||
18 | to be reviewed was served by certified mail, return receipt | ||||||
19 | requested, registered mail upon the resident, petitioner, or | ||||||
20 | school board, the party affected
thereby file a complaint for | ||||||
21 | the judicial review of
such decision in accordance with the | ||||||
22 | " Administrative Review Law ", and all
amendments and | ||||||
23 | modifications thereof and the rules adopted pursuant
thereto. | ||||||
24 | The commencement of any action for review shall operate as a | ||||||
25 | stay
of enforcement, and no further proceedings shall be had | ||||||
26 | until final
disposition of such review.
The final decision of |
| |||||||
| |||||||
1 | the regional board of school trustees or of any
court upon | ||||||
2 | judicial review shall become effective under Section 7-9 of | ||||||
3 | this Code in the
case of a petition for dissolution filed under | ||||||
4 | subsection (b) of Section
7-2a of this Code , and a final | ||||||
5 | decision shall become effective immediately following the
date | ||||||
6 | no further appeal is allowable in the case of a district | ||||||
7 | dissolved
under Section 5-32 of this Code .
| ||||||
8 | Notwithstanding the foregoing provisions of this Section | ||||||
9 | or any other
provision of law to the contrary, the school board | ||||||
10 | of the Mt. Morris School
District is authorized to donate to | ||||||
11 | the City of Mount Morris, Illinois the
school building and | ||||||
12 | other real property used as a school site by the Mt. Morris
| ||||||
13 | School District at the time of its dissolution, by appropriate | ||||||
14 | resolution
adopted by the school board of the district prior to | ||||||
15 | the dissolution of the
district; and upon the adoption of a | ||||||
16 | resolution by the school board donating
the school building and | ||||||
17 | school site to the City of Mount Morris, Illinois as
authorized | ||||||
18 | by this Section, the regional board of school trustees or other
| ||||||
19 | school officials holding legal title to the school building and | ||||||
20 | school site so
donated shall immediately convey the same to the | ||||||
21 | City of Mt. Morris,
Illinois.
| ||||||
22 | (Source: P.A. 97-656, eff. 1-13-12.)
| ||||||
23 | (105 ILCS 5/7-12) (from Ch. 122, par. 7-12)
| ||||||
24 | Sec. 7-12. Termination of office. Upon the close of the | ||||||
25 | then current school year during which any school
district is |
| |||||||
| |||||||
1 | annexed to another school district under any of the provisions
| ||||||
2 | of this Article, the terms of office of the school directors or | ||||||
3 | board of
education members of the annexed school district shall | ||||||
4 | be terminated and
the school board of the annexing district | ||||||
5 | shall perform all the duties and
have all the powers of the | ||||||
6 | school board of the annexed district. The
annexing district as | ||||||
7 | it is constituted on and after the time of such
annexation | ||||||
8 | shall receive all the assets and assume all the obligations and
| ||||||
9 | liabilities including the bonded indebtedness of the original | ||||||
10 | annexing
district and of the district annexed. The tax rate for | ||||||
11 | such assumed bonded
indebtedness shall be determined in the | ||||||
12 | manner provided in Article 19 of
this Code Act .
| ||||||
13 | (Source: Laws 1961, p. 31.)
| ||||||
14 | (105 ILCS 5/7-29) (from Ch. 122, par. 7-29)
| ||||||
15 | Sec. 7-29. Limitation on contesting boundary change. No | ||||||
16 | Neither the People of the State of Illinois nor any person, | ||||||
17 | corporation,
private or public, nor any association of persons | ||||||
18 | shall commence an action
contesting either directly or | ||||||
19 | indirectly the annexation of any territory to
a school district | ||||||
20 | shall commence or the creation of any new school district | ||||||
21 | unless brought within
2 calendar years after (i) the order | ||||||
22 | annexing the territory or creating the new
district shall have | ||||||
23 | become final in the event of a detachment or (ii) the election | ||||||
24 | results shall have been certified in the event of a | ||||||
25 | dissolution. Where or within 2 years after the date of the
|
| |||||||
| |||||||
1 | election creating the new school district if no proceedings to | ||||||
2 | contest such
election are duly instituted within the time | ||||||
3 | permitted by law, or within
two years after the final | ||||||
4 | disposition of any proceedings which may be so
instituted to | ||||||
5 | contest such election; however where a limitation of a
shorter | ||||||
6 | period is prescribed by statute , such shorter limitation shall
| ||||||
7 | apply . The , and the limitation set forth in this Section | ||||||
8 | section shall not apply to jurisdictional challenges any
order | ||||||
9 | where the judge, body or officer entering the order annexing | ||||||
10 | the
territory or creating the new district did not at the time | ||||||
11 | of the entry of
such order have jurisdiction of the subject | ||||||
12 | matter .
| ||||||
13 | (Source: P.A. 86-1334.)
| ||||||
14 | (105 ILCS 5/7-31 new) | ||||||
15 | Sec. 7-31. Applicability of amendatory Act. For any | ||||||
16 | petition filed with the regional superintendent of schools | ||||||
17 | under this Article prior to the effective date of this | ||||||
18 | amendatory Act of the 100th General Assembly, including a | ||||||
19 | petition for a rehearing pursuant to subsection (n) of Section | ||||||
20 | 7-6 of this Code, the proposed action described in the | ||||||
21 | petition, including all notices, hearings, administrative | ||||||
22 | decisions, ballots, elections, and passage requirements | ||||||
23 | relating thereto, shall proceed and be in accordance with the | ||||||
24 | law in effect prior to the effective date of this amendatory | ||||||
25 | Act of the 100th General Assembly.
|
| |||||||
| |||||||
1 | (105 ILCS 5/10-22.35B new) | ||||||
2 | Sec. 10-22.35B. Title to school sites and buildings. | ||||||
3 | (a) On January 1, 1994 (the effective date of Public Act | ||||||
4 | 88-155): (i) the legal title to all school buildings and school | ||||||
5 | sites used or occupied for school purposes by a school district | ||||||
6 | located in a Class I county school unit or held for the use of | ||||||
7 | any such school district by and in the name of the regional | ||||||
8 | board of school trustees shall vest in the school board of the | ||||||
9 | school district, and the legal title to those school buildings | ||||||
10 | and school sites shall be deemed transferred by operation of | ||||||
11 | law to the school board of the school district, to be used for | ||||||
12 | school purposes and held, sold, leased, exchanged, or otherwise | ||||||
13 | transferred in accordance with law; and (ii) the legal title to | ||||||
14 | all school buildings and school sites used or occupied for | ||||||
15 | school purposes by a school district that is located in a Class | ||||||
16 | II county school unit and that has withdrawn from the | ||||||
17 | jurisdiction and authority of the trustees of schools of a | ||||||
18 | township and the township treasurer under subsection (b) of | ||||||
19 | Section 5-1 of this Code or held for the use of any such school | ||||||
20 | district by and in the name of the regional board of school | ||||||
21 | trustees at the time that regional board of school trustees was | ||||||
22 | abolished by Public Act 87-969 shall vest in the school board | ||||||
23 | of the school district, and the legal title to those school | ||||||
24 | buildings and school sites shall be deemed transferred by | ||||||
25 | operation of law to the school district, to be used for school |
| |||||||
| |||||||
1 | purposes and held, sold, leased, exchanged, or otherwise | ||||||
2 | transferred in accordance with law. | ||||||
3 | (b) The school board of each school district to which | ||||||
4 | subsection (a) of this Section is applicable may receive any | ||||||
5 | gift, grant, donation, or legacy made for the use of any school | ||||||
6 | or for any school purpose within its jurisdiction and shall | ||||||
7 | succeed to any gift, grant, donation, or legacy heretofore | ||||||
8 | received by the regional board of school trustees, either from | ||||||
9 | the township school trustees within their jurisdiction or from | ||||||
10 | any other source, for the use of any school of the district | ||||||
11 | served by the school board or for any other school purpose of | ||||||
12 | that school district. All conveyances of real estate made to | ||||||
13 | the school board of a school district under this Section shall | ||||||
14 | be made to the school board in its corporate name and to its | ||||||
15 | successors in office. | ||||||
16 | (c) All school districts and high school districts may take | ||||||
17 | and convey title to real estate to be improved by buildings or | ||||||
18 | other structures for vocational or other educational training | ||||||
19 | as provided in Section 10-23.3 of this Code. | ||||||
20 | (d) Nothing in this Section shall be deemed to apply to any | ||||||
21 | common school lands or lands granted or exchanged therefor or | ||||||
22 | to the manner in which such lands are managed and controlled | ||||||
23 | for the use and benefit of the school township and the schools | ||||||
24 | of the township by the township land commissioners, the | ||||||
25 | regional board of school trustees (acting as the township land | ||||||
26 | commissioners), or the trustees of schools of the township, |
| |||||||
| |||||||
1 | which hold legal title to those lands; and they may continue to | ||||||
2 | receive gifts, grants, donations, or legacies made for the use | ||||||
3 | of the school township and for the schools of the township | ||||||
4 | generally in the same manner as such gifts, grants, donations, | ||||||
5 | or legacies were made prior to January 1, 1994.
| ||||||
6 | (105 ILCS 5/12-24) (from Ch. 122, par. 12-24)
| ||||||
7 | Sec. 12-24. Elimination of non-high school district.
The | ||||||
8 | territory of the non-high school district or unit district not | ||||||
9 | maintaining
a high school in existence on January 1, 1950 of | ||||||
10 | any county having a
population of 500,000 or less shall be | ||||||
11 | automatically eliminated from the
non-high school district or | ||||||
12 | unit district, unless (1) the non-high school territory is
| ||||||
13 | adjacent to a district created by a special Act whose | ||||||
14 | boundaries are
required by such Act to be coterminous with some | ||||||
15 | city or village or to a
district maintaining grades 1 through | ||||||
16 | 12 and (2) has children in such
territory who customarily | ||||||
17 | attend the high school of such district and
(3) has no school | ||||||
18 | district operating grades 9 through 12 to which such
territory | ||||||
19 | could be annexed without impairing the educational
| ||||||
20 | opportunities of the children of such territory and in such | ||||||
21 | case the
territory shall remain non-high school territory.
| ||||||
22 | Any such non-high school district including any unit | ||||||
23 | district not maintaining
a high school pursuant to the | ||||||
24 | provisions of this Section shall pay tuition
for high school | ||||||
25 | students at a rate to be mutually agreed by the boards of
|
| |||||||
| |||||||
1 | education of each district affected.
| ||||||
2 | When territory is eliminated from a non-high school | ||||||
3 | district or unit district
not maintaining a high school it | ||||||
4 | shall
be annexed by the county board of school trustees as | ||||||
5 | provided in Section
7-27 of this Code (now repealed) Act .
| ||||||
6 | Any non-high school district affected by such elimination | ||||||
7 | and
annexation may continue to exercise all previously | ||||||
8 | conferred and existing
powers pending final administrative or | ||||||
9 | judicial affirmance thereof.
| ||||||
10 | (Source: P.A. 81-950.)
| ||||||
11 | (105 ILCS 5/16-2) (from Ch. 122, par. 16-2)
| ||||||
12 | Sec. 16-2.
Joint
use of site and building.
Whenever the | ||||||
13 | school boards of two or more school districts have agreed
upon | ||||||
14 | the joint use of any school site and compensation to be paid | ||||||
15 | therefor,
and any such site has been selected in the manner | ||||||
16 | required by law, it is
lawful for such districts to use the | ||||||
17 | same school site and after payment of
the compensation, the | ||||||
18 | trustees of schools of the township or regional board
of school | ||||||
19 | trustees, as the case may be, by proper instrument in writing
| ||||||
20 | shall declare that title to such site is held for the joint use | ||||||
21 | of such
districts according to the terms of such agreement, and | ||||||
22 | such districts
shall be further authorized to construct, | ||||||
23 | maintain and use a building
jointly for the benefit of the | ||||||
24 | inhabitants thereof.
Notwithstanding any other provisions of | ||||||
25 | this Section:
|
| |||||||
| |||||||
1 | (1) If legal title to the selected site is held in the name | ||||||
2 | of the school
board of a school district that has agreed to the | ||||||
3 | joint use of the site with
any other school districts, and if | ||||||
4 | those other school districts are also
districts
whose school | ||||||
5 | boards, under subsection (a) of Section 10-22.35B of this Code | ||||||
6 | 7-28 , are to hold legal
title to school buildings and school | ||||||
7 | sites of the district, then upon the
execution of the agreement | ||||||
8 | and payment of the compensation in accordance with
the terms of | ||||||
9 | the agreement the school boards of the districts shall be | ||||||
10 | deemed
to hold legal title to the site as tenants in common, | ||||||
11 | and the required deed or
deeds of conveyance shall be executed | ||||||
12 | and delivered by the president and
secretary or clerk of the | ||||||
13 | school boards to reflect that legal title to the
selected site | ||||||
14 | is held in that manner.
| ||||||
15 | (2) If one more but not all of the school boards that are | ||||||
16 | party to the
agreement are school boards that, under subsection | ||||||
17 | (a) of Section 10-22.35B of this Code 7-28 , are to
hold legal | ||||||
18 | title to the school buildings and school sites of the district, | ||||||
19 | the
interest in the selected site of each school board that is | ||||||
20 | to hold legal title
to the school buildings and school sites of | ||||||
21 | the district shall be that of a
tenant in common; and the | ||||||
22 | required deed or deeds of conveyance shall be
executed and | ||||||
23 | delivered by the president and secretary or clerk of the | ||||||
24 | trustees
of schools of the township, regional board of school | ||||||
25 | trustees, township land
commissioners, or school boards, as the | ||||||
26 | case may be, to reflect that tenancy in
common interest of the |
| |||||||
| |||||||
1 | appropriate school board or school boards with the
trustees of | ||||||
2 | schools of the township, regional board of school trustees or
| ||||||
3 | township land commissioners, as the case may be, in the legal | ||||||
4 | title to the
selected site.
| ||||||
5 | (Source: P.A. 88-155.)
| ||||||
6 | (105 ILCS 5/32-4.6) (from Ch. 122, par. 32-4.6)
| ||||||
7 | Sec. 32-4.6. Title, care and custody of property; | ||||||
8 | supervision and control.
| ||||||
9 | The title, care and custody of all schoolhouses and school | ||||||
10 | sites
belonging to districts that are described in Section | ||||||
11 | 32-2.11 and that are
not districts whose school boards under | ||||||
12 | subsection (a) of Section 10-22.35B of this Code 7-28 are to
| ||||||
13 | hold legal title to school buildings and school sites of the | ||||||
14 | district shall
be vested in the
trustees of schools of the | ||||||
15 | townships in which the districts are situated, but the | ||||||
16 | supervision
and control of such schoolhouses and sites shall be | ||||||
17 | vested in the board of
inspectors of the districts.
In all | ||||||
18 | other cases, the legal title, care, custody and control of | ||||||
19 | school
houses and school sites belonging to districts that are | ||||||
20 | described in Section
32-2.11, together with the supervision and | ||||||
21 | control of those school houses and
sites, shall be vested in | ||||||
22 | the board of inspectors of the districts.
| ||||||
23 | (Source: P.A. 88-155.)
| ||||||
24 | (105 ILCS 5/7-01 rep.)
|
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1 | (105 ILCS 5/7-2 rep.)
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2 | (105 ILCS 5/7-2.3 rep.)
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3 | (105 ILCS 5/7-2.4 rep.)
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4 | (105 ILCS 5/7-2.5 rep.)
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5 | (105 ILCS 5/7-2.6 rep.)
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6 | (105 ILCS 5/7-2.7 rep.)
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7 | (105 ILCS 5/7-13 rep.)
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8 | (105 ILCS 5/7-27 rep.)
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9 | (105 ILCS 5/7-28 rep.)
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10 | (105 ILCS 5/7-30 rep.)
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11 | Section 10. The School Code is amended by repealing | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | Sections 7-01, 7-2, 7-2.3, 7-2.4, 7-2.5, 7-2.6, 7-2.7, 7-13, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | 7-27, 7-28, and 7-30.
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14 | Section 99. Effective date. This Act takes effect July 1, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | 2017.
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