(105 ILCS 5/5-27) (from Ch. 122, par. 5-27)
Sec. 5-27.
Compromise, settlements and cancellations.
The trustees of schools or township land commissioners may: make all
settlements with persons indebted to them in their official capacity;
receive deeds to real estate in compromise; and may cancel notes, bonds,
mortgages, and judgments for the benefit of any school township or
district.
(Source: P.A. 84-452.)
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(105 ILCS 5/5-28) (from Ch. 122, par. 5-28)
Sec. 5-28. Lease or sale of lands. The trustees of schools or township land commissioners may lease or sell
any lands that come into their possession in the manner described in
Sections 5-26 or 5-27. When in their opinion it is to the best interest
of the schools of the township or district interested in any such lands
that they be sold, the trustees shall adopt a resolution to such effect and
in such resolution shall specify the time, place and terms of sale. The
sale shall be at public auction and the trustees shall give notice thereof
by publishing notice once each week for three successive weeks prior to the
date of the sale in a newspaper published in the township to which the real
estate belongs, and if the lands to be sold lie outside of the township to
which they belong then such notice is to be published as herein provided in
a newspaper published in the township in which the land lies or, if no such
newspaper is published either in the township where the real estate belongs
or in the township where the land lies, then in a newspaper published in
the county and having a general circulation in the township affected. The
notices shall describe the property and state the time, place and terms of
the sale. The trustees have the right to reject any and all bids. Upon the
sale being made, deed of conveyance shall be executed by the president and
clerk of the trustees and the proceeds shall be paid to the township
treasurer for the benefit of the township or the district interested in the
lands.
(Source: P.A. 100-963, eff. 1-1-19.)
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(105 ILCS 5/5-29) (from Ch. 122, par. 5-29)
Sec. 5-29.
Sale
of school land for roads.
Whenever the State, county, city, village, incorporated town, township
or road district authorities lay out a new road, street or highway, or
alter, widen or relocate existing roads, streets or highways, and for such
purposes require lands used for school sites, or land owned for school
purposes, the trustees of schools or school officials having legal title to
such lands have the power, with the consent of the school board of the
district, to sell and convey to the State, county, city, village,
incorporated town, township or road district the land required for such
purposes, or may dedicate to public use for street and highway purposes as
much of said school land as may be necessary to open, extend, alter, widen
or relocate any street or highway which may be required by the municipal
authorities to be opened, extended, altered, widened or relocated, if they
are of the opinion that the benefit to accrue for the opening, extending,
altering, widening or relocating of such street or highway will compensate
for the strip so dedicated.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/5-30) (from Ch. 122, par. 5-30)
Sec. 5-30.
Easements.
The trustees of schools or other school officials having legal title to
school sites or land owned for school purposes shall have the power, with
the consent of the school board of the district wherein the lands are
located, to grant temporary or permanent easements for sewer, water
drainage or utility purposes to municipalities, corporations or persons on
such terms as the school board may determine.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/5-31) (from Ch. 122, par. 5-31)
Sec. 5-31.
Division of township into districts - Territory taken from special
charter district. The trustees of schools in newly organized townships shall
divide the township into school districts to suit the wishes or convenience
of a majority of the inhabitants of the township, and shall prepare or cause
to be prepared a map of the township, on which the district or districts
shall be designated by their respective numbers. The trustees of schools
shall also cause any territory taken from a school district acting under
a special charter to be formed and established into a school district to
be governed under such general school laws of the State within thirty days
from the time such territory is taken from the district acting under a special
charter; and the trustees shall order an election for the purpose of electing
directors for such district and shall certify such offices
within ten days after the organization thereof. The first election shall
be held at the next regular election for school district officers, and until
the directors elected at that time take office, the Regional Superintendent
may fill the office by appointment. If such territory has not sufficient
inhabitants and children to establish and maintain a school, the trustees
may annex it to an adjoining district or districts.
(Source: P.A. 81-1490.)
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(105 ILCS 5/5-32) (from Ch. 122, par. 5-32)
Sec. 5-32. Failure to maintain schools - Transportation and tuition. If any school district other than a non-high school district shall for 1
year fail to maintain within the boundaries of the school district a
recognized public school as required by law, such district shall become
automatically dissolved and the property and territory of such district
shall be disposed of in the manner provided for the disposal of
territory and property in Section 7-11 of this Act. However, a school
district shall not be dissolved where the State Board of Education and the
regional superintendent of the region in which a
district has legally authorized the building of a school and legally
selected a school house site and has issued bonds for such building
shall jointly find and certify that such building has been authorized,
site selected and bonds issued.
If a district has its territory included within a petition to form a
community unit district under Article 11E of this Code, that district may
not be dissolved under this Section until the end of the school year in
which all proceedings relating to formation of that community unit
district are finally concluded, whether by disallowance of the petition,
by referendum, by a final court decision or otherwise. Until such
proceedings are finally concluded, the regional superintendent having
jurisdiction of the district that is not maintaining a recognized school
shall assign the pupils of that district to an adjoining school
district, subject to the
requirement that the district from which the pupils are so assigned
shall pay tuition for such pupils to the district to which the pupils
are assigned, in accordance with Section 10-20.12a of this Act or in
such lesser amount as may be agreed to by the 2 districts.
However, until July 1, 1969 or one year after the entry of a final
decision by a court of competent jurisdiction in the event of litigation
with respect to any of the matters set forth in this Section, whichever
is the later, notwithstanding the provisions of this Section, any
protectorate high school district composed of contiguous and compact
territory having not less than 2,000 inhabitants and which has an
equalized assessed valuation of not less than $6,000,000, shall be and
remain a protectorate high school district if a majority of the pupils
attend a high school in a special charter district maintaining grades 1
through 12 and if during that period the voters of the district, by
referendum to be ordered by the board, vote in favor of the proposition that
such district maintain and operate a high school within such district,
and also authorize the purchase of a school site, the building of a
school building and the issuance of bonds for such purpose, which bonds
are duly issued. The Board shall certify the proposition to the proper
election authorities for submission, in accordance with the general
election law.
The proposition to maintain and operate a high school within such
district shall be in substantially the following form:
Shall ......................High School District Number ......, YES........... County, Illinois,maintain and operate a high school within that High SchoolDistrict and for the benefit NOof the pupils residing therein?
and is approved if a majority of the voters voting on the proposition is
in favor thereof. The proposition of purchasing a school site, the
building of a school building and the issuance of bonds for such purpose
shall be submitted to the voters and may be voted upon at the same election
that the proposition of maintaining and operating a high school within the
district is submitted or at any regularly scheduled election subsequent
thereto as may be
ordered by the board. Thereupon, that protectorate high school
district shall thereafter exist as a community high school district and
possess and enjoy all of the powers, duties and authorities of a
community high school district under Article 12 of this Act.
Throughout its existence as a protectorate district and until the
legal voters residing in the district have determined to maintain and
operate a high school within the district and have been authorized to
purchase a school site, build a school building and to issue bonds for
such purpose and which bonds are duly issued, or until the dissolution
of the district as required by this Section, such protectorate district
may use its funds to pay for the tuition and transportation of the
pupils in such district that attend a high school in a special charter
district maintaining grades 1 through 12. A protectorate high school
district is defined to be a district which does not own or operate its
own school buildings.
(Source: P.A. 94-1019, eff. 7-10-06.)
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(105 ILCS 5/5-34) (from Ch. 122, par. 5-34)
Sec. 5-34.
Evidence of indebtedness not in proper form-Securities insufficient-
Action taken.
When any county superintendent of schools notifies the trustees of
schools of a township, in writing, that the notes, bonds, mortgages or
other evidences of indebtedness which have been taken officially by the
township treasurer are not in proper form, or that securities which he has
taken are insufficient, the trustees shall at once take such action as may
be necessary to protect the property or fund of the township and the
district. For a failure or refusal to take such action within 20 days after
such notice the trustees of schools, each in his individual capacity, shall
be guilty of a petty offense and shall be liable to a fine of not less than
twenty-five nor more than one hundred dollars, to be recovered before any
circuit court, which when collected shall be paid to the county
superintendent of the proper county for the use of the schools. The payment
of this fine shall not relieve the trustees from any civil liability they
may have incurred from such neglect of duty.
(Source: P.A. 77-2267.)
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(105 ILCS 5/5-35) (from Ch. 122, par. 5-35)
Sec. 5-35.
Liability of trustees for sufficiency of securities taken from township
treasurer.
Trustees of schools shall be liable, jointly and severally, for the
sufficiency of securities taken from township treasurers; and in case of
judgment against any treasurer and his sureties for or on account of any
default of such treasurer, on which the money is not made for want of
sufficient property whereon to levy for the enforcement of a judgment,
a civil action may be
maintained against the trustees, jointly and severally, and the amount not
collected on the judgment shall be recovered with costs of the action from such
trustees. If the trustees can show, satisfactorily, that the security taken
from the treasurer, was, at the time it was taken, sufficient, they shall
not be held liable.
(Source: P.A. 84-546.)
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(105 ILCS 5/5-36) (from Ch. 122, par. 5-36)
Sec. 5-36.
Failure to follow law as to distribution when new district formed.
If the trustees of schools fail to observe the provisions of this Act in
reference to the distribution of funds and property when a new district is
formed, they shall be individually and jointly liable to the district
interested, in a civil action to the full amount of the damages sustained
by the district aggrieved.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/5-37) (from Ch. 122, par. 5-37)
Sec. 5-37.
Returns of children-Penalty for failure or false return.
Any trustee of schools who fails or refuses to make returns of children
in his township according to the provisions of this Act, or who knowingly
makes a false return thereof, is guilty of a petty offense and shall be
liable to a fine of not less than $10.00 nor more than $100.00, to be
recovered by an action before the circuit court of the county; which
penalty, when collected, shall be added to the distributive fund of the
township in which the trustee resides.
(Source: P.A. 77-2267.)
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(105 ILCS 5/5-38) Sec. 5-38. Publication of information. (a) As used in this Section: "Accounting book value" means the value carried on the accounting records of the township school treasurer as of the last day of a calendar quarter. "Annual total compensation" means the total cost to taxpayers for the services of the identified individual during the most recently completed fiscal year. "Investment instrument" means an individual investment security as provided for under the Uniform Commercial Code or the aggregate value of all shares held in an individual investment fund or pooled account. "Investment rate of return" means: (1) for fixed interest-bearing securities, the stated | ||
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(2) for cash accounts and all other investment | ||
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"Township school treasurer" means an individual hired by the trustees of schools to perform the statutory role of treasurer for school districts within the township. (b) Trustees of schools in Class II county school units shall maintain an Internet website on which all of the following information shall be available for public viewing: (1) The name, term of office, and means of public | ||
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(2) The dates, times, and locations of all trustees | ||
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(3) The agenda for each trustees of schools meeting, | ||
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(4) The approved minutes of all trustees of schools | ||
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(5) The annual total compensation of each trustee and | ||
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(6) The address and contact information for the | ||
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(7) The audited financial statements for the prior 3 | ||
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(8) The budget for the current fiscal year, posted no | ||
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(9) Contracts in effect with a value over $25,000. (10) Collective bargaining agreements in effect. (c) Township school treasurers in Class II county school units shall submit to each school district that they serve, within 30 days after the end of each calendar quarter, an investments report that includes all of the following: (1) A list of each cash account and investment | ||
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(2) A copy of the trustees of schools investment | ||
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(Source: P.A. 102-346, eff. 8-13-21.) |
(105 ILCS 5/Art. 6 heading) ARTICLE 6.
REGIONAL BOARD OF SCHOOL TRUSTEES
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(105 ILCS 5/6-1) (from Ch. 122, par. 6-1)
Sec. 6-1.
Fractional townships of less than 200 persons.
Each congressional township is a township for school purposes. When a
fractional congressional township contains fewer than 200 persons under 21
years of age and has not heretofore been united with any township for
school purposes it is hereby attached for school purposes to the adjacent
congressional township having the longest territorial line bordering on
such fractional township and all the provisions of this Article shall apply
to such united townships the same as though they were one township.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/6-2) (from Ch. 122, par. 6-2)
Sec. 6-2. Regional board; creation; membership; abolition and
transfer of duties.
(a) There is created a regional board of school trustees for that territory
in each educational service region exclusive of any school district organized
under Article 34 and exclusive of any school district whose school board has
been given the powers of school trustees; provided that on the effective date
of this amendatory Act of 1992 the regional board of school trustees
theretofore created and existing for any territory in an educational service
region containing 2,000,000 or more inhabitants is abolished, the terms of
office of all members of the regional board of school trustees so abolished are
terminated on that effective date, and from and after that effective date all
rights, powers, duties, and responsibilities that were vested in or required by
law to be exercised and performed by the former regional board of school
trustees shall be vested in and exercised and performed by the successors to
the former regional board of school trustees as provided in subsection (b) of
this Section 6-2. Any school district whose board of education acts as a board
of school trustees shall have within its district the powers and duties of a
regional board of school trustees.
Unless abolished as provided in this Section, the regional board of
school trustees, in both single county and multi-county
educational service regions, shall consist of 7 members. In single county
regions not more than one trustee may be a resident of any one congressional
township; however, in case there are fewer than 7 congressional townships
in the region then not more than two of such trustees may be residents of
the same congressional township. Notwithstanding the foregoing residency provision, in a single county region with a population of greater than 750,000 inhabitants, but less than 1,200,000 inhabitants, 2 trustees may be residents of the same congressional township if and only if such trustees were elected at the April 9, 2013 consolidated election. In 2 county regions at least 2 trustees
shall be residents of each county. In 3 or more county regions at least
one trustee shall be a resident of each county. If more than 7 counties
constitute the educational service region, the regional board of school
trustees shall consist of one resident of each county.
The regional board of school trustees shall be a body politic and corporate
by the name of "Regional Board of School Trustees of.... County (or Counties),
Illinois." Such corporation shall have perpetual existence with power to
sue and be sued and to plead and be impleaded in all courts and places where
judicial proceedings are had.
(b) Upon the abolition of the regional board of school trustees and
the termination of the terms of office of the members of that former
regional board of school trustees in an educational service region
containing 2,000,000 or more inhabitants as provided in subsection (a), the
trustees of schools of each township included within the territory of that
educational service region that was served by the former regional board of
school trustees, or if any such township is a township referred to in
subsection (b) of Section 5-1 and there are no trustees of schools acting
in that township then the school board of each school district located in
that township, shall be the successors to the former regional board of
school trustees. As successors to the former regional board of school
trustees, the trustees of schools of each such township and the school
board of each such school district, with respect to all territory included
within the school township or school district served by the trustees of
schools of the township or school board, shall be vested with and shall
exercise and perform all rights, powers, duties, and responsibilities
formerly held, exercised, and performed with respect to that territory by
the regional board of school trustees abolished under subsection (a) of this Section.
Upon abolition of the regional board of school trustees in an educational
service region having 2,000,000 or more inhabitants as provided in
subsection (a) of this Section, all books, records, maps, papers,
documents, equipment, supplies, accounts, deposits, and other personal
property belonging to or subject to the control or disposition of the
former regional board of school trustees (excepting only such items as may
have been provided by the county board) shall be transferred and delivered
to the trustees of schools of the townships and the school boards that are
the successors to the former regional board of school trustees for the
territory included within their respective school townships or school
districts.
From and after the effective date of this amendatory Act of 1992, any
reference in the School Code or any other law of this State to the regional
board of school trustees or county board of school trustees shall mean,
with respect to all territory within an educational service region
containing 2,000,000 or more inhabitants that formerly was served by a
regional board of school trustees abolished under subsection (a) of this
Section, the trustees of schools of the township or the school board of the
school district that is the successor to the former regional board of
school trustees with respect to the territory included within that school
township or school district.
(Source: P.A. 98-115, eff. 7-29-13.)
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(105 ILCS 5/6-2.1) (from Ch. 122, par. 6-2.1)
Sec. 6-2.1. On and after the effective date of this amendatory Act,
the provisions of Sections 6-3, 6-4, 6-5, 6-10, 6-11 (now repealed), 6-12, 6-17, 6-18, 6-19,
6-20, and 6-21 of this School Code shall have no application in any
educational service region having a population of 2,000,000 or more
inhabitants.
(Source: P.A. 95-496, eff. 8-28-07.)
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(105 ILCS 5/6-3) (from Ch. 122, par. 6-3)
Sec. 6-3.
Eligibility for trustee's office.
No person shall be eligible to the office of member of the regional
board of school trustees who is not a voter of the educational service
region and qualified to vote in the election for members of the regional
board of school trustees, or who is a member of a school board, or who is a
school board employee, or who holds any county office.
(Source: P.A. 78-514.)
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(105 ILCS 5/6-4) (from Ch. 122, par. 6-4)
Sec. 6-4.
Election date.
Members of the regional board of school trustees
shall be elected at the regular election specified in the general
election law in each odd-numbered year.
(Source: P.A. 81-1490.)
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(105 ILCS 5/6-5) (from Ch. 122, par. 6-5)
Sec. 6-5.
Qualifications and eligibility of voters.
A person is qualified to vote at an
election for members of the
regional board of school trustees who is a registered voter as provided in
the Election Code and has resided within the State and in the voting
precinct for 28 days immediately preceding the election, and who is a
citizen of the United States and has attained the age of 18 years.
Whenever a unit school district is located in more than one educational
service region, a qualified elector residing in that unit school district but
outside of the educational service region administered by the regional
superintendent of schools having supervision and control over that unit school
district shall be eligible to vote in any election held to elect members of the
regional board of school trustees for the educational service that is
administered by the regional superintendent of schools who has supervision and
control over that unit school district, but the elector shall not also be
eligible to vote in the election held to elect the members of the regional
board of school trustees for the educational service region in which the
elector resides.
Not less than 100 days before each nonpartisan election, the regional
superintendent of schools shall certify to the State Board of Elections a list
of each unit school district under his or her supervision and control and each
county in which all or any part of each of those districts is located. The
State
Board of Elections shall certify each of those unit school districts and
counties to the appropriate election authorities within 20 days after receiving
the list certified by the regional superintendent of schools.
The election authority in a single county educational service region whose
regional superintendent of schools exercises supervision and control over a
unit school district that is located in that single county educational service
region and in one or more other educational service regions shall certify to
the election authority of each of those other educational service regions in
which the unit school district is located the candidates for members of the
regional board of school trustees for the educational service region that is
administered by the regional superintendent of schools exercising supervision
and control over that unit school district.
(Source: P.A. 88-535.)
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(105 ILCS 5/6-10) (from Ch. 122, par. 6-10)
Sec. 6-10.
Nominating petition.
The nomination of candidates for members
of the regional board of school trustees in single county or multi-county
educational service regions shall be made by a petition filed with the county
clerk, in the case of a single county region, and, in the case of multi-county
regions with the State Board of Elections and signed
by at least 50 voters qualified to vote at the election.
In addition to the requirements of the general election law, the petition
shall specify the county and township (or road district) of the candidate's residence.
Nomination papers filed under this Section are not valid unless the candidate
named therein files with the county clerk or State Board of Elections a statement of
economic interests as required by the Illinois Governmental Ethics Act.
Such receipt shall be so filed either previously during the calendar year
in which his nomination papers were filed or within the period for the filing
of nomination papers in accordance with the general election law.
A candidate for membership on the regional board of school trustees, who
has petitioned for nomination to fill a full term and to fill a vacant term
to be voted upon at the same election, must withdraw his or her petition
for nomination to the regional board of school trustees from either the
full term or the vacant term by written declaration, within the time and
in the manner provided by the general election law.
(Source: P.A. 81-1490.)
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(105 ILCS 5/6-11)
Sec. 6-11. (Repealed).
(Source: P.A. 81-1490. Repealed by P.A. 95-496, eff. 8-28-07.)
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(105 ILCS 5/6-12) (from Ch. 122, par. 6-12)
Sec. 6-12.
Ballot form.
The ballots for members of the regional board of
school trustees shall be in substantially one of the following forms:
OFFICIAL BALLOT FOR SINGLE COUNTY REGIONS
For members of the Regional Board of School
Trustees
(Vote for.... Not more than.... may serve from the same congressional township.)
( ) JOHN C. CALHOUN of Township.... Range.... ( ) JAMES MADISON of Township.... Range.... ( ) .... of Township.... Range.... ( ) .... of Township.... Range....
OFFICIAL BALLOT FOR MULTI-COUNTY REGIONS
For members of the Regional Board of School Trustees
(Vote for.... At least.... shall serve from each county.)
( ) JOHN C. CALHOUN of.... County .... ( ) JAMES MADISON of.... County .... ( ) .... of.... County .... ( ) .... of.... County ....
(Source: P.A. 83-1362.)
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(105 ILCS 5/6-17) (from Ch. 122, par. 6-17)
Sec. 6-17. Election of president - Terms of members. Except as otherwise
provided in Section 2A-54 of the Election Code, on the third
Monday in May, following the first election, or if such day is
a holiday
then the next day, the regional
superintendent of schools who shall be the ex-officio secretary of the
board shall convene the newly elected regional board of school trustees
for the purpose of organization. Except as provided in Section 2A-54 of the
Election Code, at this meeting the members shall
elect a president from among their number who shall serve as president
for a term of 2 years and shall determine by lot the length of the term
of each member so that 2 shall serve for a term of 2 years, 2 for 4
years and 3 for 6 years from the third Monday of the month
following the date of their election. Except as provided in Section 2A-54 of
the Election Code, thereafter members shall be elected
to serve for a term of 6 years from the third Monday of the month following
the date of their election or until their successors are elected and qualified.
All succeeding meetings for the purpose of organization shall be held
on the third Monday in May following the election; however, in
case the
third Monday in May is a holiday the organization meeting shall
be held
on the next day.
If educational service regions are consolidated under Section 3A-3 or
3A-4 of this Act, however, the expiring terms of members of each regional
board of school trustees in those regions being consolidated shall be
extended so as to terminate on the first Monday of August of the year that
consolidation takes effect, as defined in Section 3A-5 of this Act, and, on
such day, the Regional Superintendent of the consolidated region shall
convene all the members of each regional board of school trustees in the
consolidated region, and shall by lot select from among such trustees an
interim regional board of school trustees for the consolidated region in
accord with the specifications as to membership and residency in Section
6-2. The interim board so selected shall serve until their successors are
elected at the succeeding regular election of regional school trustees and
have qualified. A single regional board of school trustees shall be elected
at such succeeding regular election to take office on the third Monday of
the month following such election. The board elected for the consolidated
region shall be convened on such third
Monday of the month following such
election for organizational purposes, to elect a president and determine
terms for its members by lot as provided in this Section. The respective
regional boards of school trustees of educational service regions involved
in consolidations under Section 3A-3 or 3A-4 shall cease to exist at the
time the board elected for the consolidated region is so organized.
(Source: P.A. 93-847, eff. 7-30-04.)
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(105 ILCS 5/6-18) (from Ch. 122, par. 6-18)
Sec. 6-18.
Meeting dates - Place - Quorum.
The regional board of school
trustees shall hold a regular meeting in July, October,
January and April.
With appropriate public notice, the board may cancel its regular quarterly
meeting if no issues for action have been presented to the board and it has no
pending business.
All regular meetings of the board shall be held at the office of the regional
superintendent.
Special meetings may be called by the president or by 4 members of the
board by giving a 48-hour written notice of the meeting stating the time
and place of the meeting and the purpose thereof. Public notice of meetings
must also be given as prescribed in Sections 2.02 and 2.03 of the Open
Meetings Act.
A majority of the members elected to the board shall constitute a quorum.
Unless otherwise provided a majority vote of all the board shall be required
to decide a measure.
(Source: P.A. 92-172, eff. 1-1-02.)
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(105 ILCS 5/6-19) (from Ch. 122, par. 6-19)
Sec. 6-19. Vacancy on regional board. Subject to the residency provisions in Section 6-2 of this Code, any vacancy on the regional board of school trustees shall be filled
from the same territory by the remaining members until the next regular
election for members of the regional board of school trustees, when the
vacancy shall be filled for the unexpired time.
Removal of a member from the township from which such member was elected
into a township which has its quota of members on the board shall
constitute a vacancy.
(Source: P.A. 98-115, eff. 7-29-13.)
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(105 ILCS 5/6-20) (from Ch. 122, par. 6-20)
Sec. 6-20.
Expenses of members.
Members of the regional board of school trustees shall serve without
remuneration; however, the necessary expenses including travel attendant
upon any meeting of the board shall be paid from the fund from which all
other expenses of the board are paid.
(Source: P.A. 78-514.)
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(105 ILCS 5/6-21) (from Ch. 122, par. 6-21)
Sec. 6-21.
Legal Representation.
Upon request, the State's Attorney
of the county, other than a county of over 3,000,000 inhabitants, where
the regional superintendent's office is located shall act as the legal
representative of the regional board of school trustees; however, where
matters arise which are within the exclusive jurisdiction of another State's
Attorney, that State's Attorney shall provide legal representation.
(Source: P.A. 82-236.)
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(105 ILCS 5/Art. 7 heading) ARTICLE 7.
BOUNDARY CHANGE
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(105 ILCS 5/7-01)
Sec. 7-01. (Repealed).
(Source: P.A. 78-514. Repealed by P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-01a) Sec. 7-01a. Purpose and applicability. The purpose of this Article is to permit greater flexibility and efficiency in the detachment and dissolution of school districts for the improvement of the administration and quality of educational services and for the best interests of pupils. This Article applies only to school districts with under 500,000 inhabitants, but includes special charter districts (except those districts organized under Article 34 of this Code) and non-high school districts.
(Source: P.A. 100-374, eff. 8-25-17.) |
(105 ILCS 5/7-01b) Sec. 7-01b. Definition. In this Article, "legal resident voter" means a person who is registered to vote at the time a circulated petition is filed and when the regional board of school trustees renders a decision, at the address shown opposite his or her signature on the petition, and resides in the detaching territory or dissolving school district.
(Source: P.A. 100-374, eff. 8-25-17.) |
(105 ILCS 5/7-02) (from Ch. 122, par. 7-02)
Sec. 7-02. Limitations. The provisions of this Article providing for
the change in school district boundaries by detachment, annexation,
division or dissolution, or by any combination of those methods, are
subject to the provisions of this Section. Whenever due to fire,
explosion, tornado or any Act of God the school buildings or one or more of
the principal school buildings comprising an attendance center within a
school district are destroyed or substantially destroyed and rendered unfit
for school purposes, the provisions of this Article shall not be available
to permit a division of that district, or a dissolution, detachment or
annexation of any part thereof, or any combination of such
results during a period from the date of such destruction or substantial
destruction until 30 days after the second regular election of board
members following such destruction or substantial destruction. Nothing in
this Section shall be deemed to prohibit the combining of the entire
district with another entire district or with other entire districts during
such period pursuant to the provisions of Article 11E.
(Source: P.A. 94-1019, eff. 7-10-06.)
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(105 ILCS 5/7-03)
Sec. 7-03. (Repealed).
(Source: P.A. 85-1020. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/7-04) (from Ch. 122, par. 7-04)
Sec. 7-04. Districts in educational service regions of 2,000,000 or more
inhabitants.
(a) In all proceedings under this Article to change by detachment,
annexation, division, dissolution, or any combination of those methods the
boundaries of any school district (other than a school district organized
under Article 34) located in an educational service region of 2,000,000 or
more inhabitants in which the regional board of school trustees is
abolished as provided in subsection (a) of Section 6-2, the trustees of
schools of the township that has jurisdiction and authority over the detaching or dissolving school district, as the
successor under subsection (b) of Section 6-2 to the former regional board
of school trustees with respect to all territory located in that school
township, shall have, exercise, and perform all powers, duties, and
responsibilities required under this Article to be exercised and performed
in those proceedings by a regional board of school trustees; provided that
if any detaching or dissolving school district involved in those proceedings is not under the jurisdiction and authority of the trustees of schools of a township referred to in subsection (b) of Section 5-1, a hearing panel as established in this Section shall have, exercise, and
perform all powers, duties, and responsibilities required under this
Article to be exercised and performed in those proceedings with respect to the detaching or dissolving
school district by a regional board of school
trustees.
(a-5) As applicable, the hearing panel shall be made up of 3 persons who have a demonstrated interest and background in education. Each hearing panel member must reside within an educational service region of 2,000,000 or more inhabitants but not within the boundaries of a school district organized under Article 34 of this Code and may not be a current school board member of the detaching or dissolving or annexing school district or a current employee of the detaching or dissolving or annexing school district or hold any county office. None of the hearing panel members may reside within the same school district. All 3 persons must be selected by the chief administrative officer of the educational service center in which the chief administrative officer has supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving school district. The members of a hearing panel as established in this Section shall serve without remuneration; however, the necessary expenses, including travel, attendant upon any meeting or hearing in relation to a proceeding under this Article must be paid. (a-10) The petition must be filed with the trustees of schools of the township with jurisdiction and authority over the detaching or dissolving school district or with the chief administrative officer of the educational service center in which the chief administrative officer has supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving school district, as applicable. The chief administrative officer of the educational service center or a person designated by the trustees of schools of the township, as applicable, shall have, exercise, and perform all powers, duties, and responsibilities required under this Article that are otherwise assigned to regional superintendents of schools. (b) Except as otherwise provided in this Section, all other provisions
of this Article shall apply to any proceedings under this Article to change
the boundaries of any school district located in an educational service
region having 2,000,000 or more inhabitants in the same manner that those
provisions apply to any proceedings to change the boundaries of any school
district located in any other educational service region; provided, that any
reference in those other provisions to the regional board of school trustees
shall mean, with respect to all territory within an educational service region
containing 2,000,000 or more inhabitants that formerly was served by a regional
board of school trustees abolished under subsection (a) of Section 6-2, the
trustees of schools of the township
that is the successor under subsection (b) of Section 6-2 to the former
regional board of school trustees with respect to the territory included within
that school township or school district or the hearing panel as established by this Section.
(Source: P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-1) (from Ch. 122, par. 7-1)
Sec. 7-1. Changing boundaries by detachment or dissolution.
(a) School district boundaries may be changed by detachment, annexation, division or dissolution
or any combination thereof by the regional board of school trustees or by the State Superintendent of Education as provided in
subsection (l) of Section 7-6. The petition must be filed with and decided solely by the regional board of school trustees of the region in which the regional superintendent of schools has supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving school district. The petition may be filed in any office operated by the regional superintendent with supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving school district. A petition for boundary change must be filed by the school board of the detaching or dissolving district, by a majority of the legal resident voters in the dissolving district, or by two-thirds of a combination of the legal resident voters and the owners of record of any real estate with no legal resident voters in any territory proposed to be detached. If any of the territory proposed to be detached contains real estate with no legal resident voters, petitioners shall deliver the petition by certified mail, return receipt requested, to all owners of record of any real estate with no legal resident voters. Proof of such delivery must be presented as evidence at the hearing required under Section 7-6 of this Code. Any owner of record of real estate with no legal resident voters in any territory proposed to be detached may either sign the petition in person and before the circulator as described in this Section or return the petition with his or her notarized signature to be included as a petitioner. No person may sign a petition in the capacity of both a legal resident voter and owner of record. If there are no legal resident voters within the territory proposed to be detached, then the petition must be signed by all of the owners of record of the real estate of the territory. Legal resident
voters shall be determined by the official voter registration
lists as of the date the petition is filed. No signatures shall be added or withdrawn
after the date the petition is filed. The length of time for signatures to be valid, before filing of the petition, shall not exceed 6 months. Notwithstanding any provision to the contrary contained in the Election Code, the regional superintendent of schools shall make all determinations regarding the validity of the petition, including, without limitation, signatures on the petition. If the regional superintendent determines that the petition is not in proper order or not in compliance with any applicable petition requirements, the regional superintendent may not accept the petition for filing and may return the petition to the petitioners. Any party who is dissatisfied with the determination of the regional superintendent regarding the validity of the petition may appeal the regional superintendent's decision to the regional board of school trustees by motion, and the motion must be heard by the regional board of school trustees prior to any hearing on the merits of the petition.
Petitions for detachment and dissolution shall include the full prayer of the
petition with a general description of the territory at the top of each page. Each signature contained therein shall match the official
signature and address of the legal resident voters as recorded in the office
of the county clerk or board of election commissioners, and each petitioner
shall record the date of his or her signing. Except in instances of a notarized signature of an owner of record of real estate with no legal resident voters in any territory proposed to be detached, each page of the circulated petition shall
be signed by a circulator stating that he or she has witnessed the signature of each
petitioner on that page. Detachment petitions containing 10 or fewer signatures may be notarized in lieu of a circulator statement. Each petition shall include an accurate legal description and map of the territory proposed to be detached. If a petition proposes to dissolve an entire district, then the full name and number of the district and a map are sufficient. Each petition shall include the names of petitioners; the district to be dissolved or the district from which the territory is proposed to be detached; the district or districts to which the territory is proposed to be annexed; evidence that the detaching or dissolving territory is compact and contiguous with the annexing district or districts or otherwise meets the requirements set forth in Section 7-4 of this Code; the referendum date, if applicable; and facts that support favorable findings for the factors to be considered by the regional board of school trustees pursuant to Section 7-6 of this Code.
Where there is only one school building in an approved operating
district, the building and building site may not be included in any
detachment proceeding.
Notwithstanding any other provisions of this Code, if, pursuant to a petition filed under this subsection (a), all of the territory of a school district is to be annexed to another school district, then any action by the regional board of school trustees in granting or approving the petition and any change in school district boundaries pursuant to that action is subject to and the change in school district boundaries may not be made except upon approval, at a regular scheduled election, in the manner provided by Section 7-7.7 of this Code, of a proposition for the annexation of all of the territory of that school district to the other school district. No petition may be filed under this Section to form a new school district under this Article; however, such a petition may be filed under this Section to form a new school district if the boundaries of such new school district lie entirely within the boundaries of a military base or installation operated and maintained by the government of the United States. (b) Any elementary or high school district with 100 or more of its
students residing upon territory located entirely within a military base or
installation operated and maintained by the government of the United States, or
any unit school district or any combination of the above mentioned
districts with 300 or more of its students residing upon territory located
entirely within a military base or installation operated and maintained by
the government of the United States, shall, upon the filing with the
regional board of school trustees of a petition adopted by resolution of
the board of education or a petition signed by a majority of the registered
voters residing upon such military base or installation, have all of the
territory lying entirely within such military base or installation detached
from such school district, and a new school district comprised of such
territory shall be created. The petition shall be filed with and decided
solely by the regional board of school trustees of the region in which the
regional superintendent of schools has supervision and control, as defined by Section 3-14.2 of this Code, of the school district
affected. The regional board of school trustees shall have no authority to
deny the detachment and creation of a new school district requested in a
proper petition filed under this subsection. This subsection shall apply
only to those school districts having a population of not fewer than
1,000 and not more than 500,000 residents, as
ascertained by any special or general census.
The new school district shall tuition its students to the same
districts that its students were previously attending and the districts
from which the new district was detached shall continue to educate the
students from the new district, until the federal government provides other
arrangements. The federal government shall pay for the education of such
children as required by Section 6 of Public Law 81-874.
If a school district created under this subsection (b) has not elected a
school board
and has not become operational within 2 years after the date of detachment,
then this
district is automatically dissolved and the territory of this district reverts
to the school
district from which the territory was detached or any successor district
thereto. Any school district created
under this
subsection (b) on or before September 1, 1996 that has not elected a school
board and has
not been operational since September 1, 1996 is automatically dissolved on the
effective
date of this amendatory Act of 1999, and on this date the territory of this
district reverts
to the school district from which the territory was detached. For the
automatic dissolution of a school district created under this subsection (b),
the
regional superintendent of schools
who has
supervision and control, as defined by Section 3-14.2 of this Code, of the school district from which the territory was detached shall
certify to
the regional board of school trustees that the school district created under
this subsection
(b) has been automatically dissolved.
(Source: P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-2)
Sec. 7-2. (Repealed).
(Source: P.A. 90-459, eff. 8-17-97. Repealed by P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-2a) (from Ch. 122, par. 7-2a)
Sec. 7-2a.
(a) (Blank).
(b) Any school district with a population of less than 5,000 residents or an enrollment of less than 750 students, as determined by the district's most recent fall enrollment counts as posted on the State Board of Education's website,
shall be dissolved and its territory annexed as provided in Section 7-11 of this Code by
the regional board of school trustees upon the filing of a petition adopted by resolution of the board of
education or signed by a majority of the legal resident voters of
the district seeking such dissolution. No petition shall be adopted or
signed under this subsection until the board of education or the
petitioners, as the case may be, shall have given at least 10 days' notice
to be published once in a newspaper having general circulation in the
district and shall have conducted a public informational meeting to inform
the residents of the district of the proposed dissolution and to answer
questions concerning the proposed dissolution. The petition shall be filed with
and decided solely by the regional board of school trustees of the region
in which the regional superintendent of schools has supervision and control, as defined by Section 3-14.2 of this Code, of the
school district being dissolved. The regional board of school trustees
shall not act on a petition filed by a board of education if within 45 days
after giving the first notice of the hearing required under Section 7-11 of this Code a petition
in opposition to the petition of the board to dissolve, signed by a
majority of the legal resident voters of the district, is filed with the
regional board of school trustees. In such an event, the dissolution petition is dismissed on procedural grounds by operation of law and the regional board of school trustees shall have no further authority to consider the petition. A dissolution petition dismissed as the result of a valid opposition petition is not subject to the limitation on successive petitions as provided in Section 7-8 of this Code, and a new petition may be filed upon receipt of the regional board of school trustees' notice stating that the original petition was dismissed by operation of law. For all petitions under this Section, the legal resident voters must be determined by the official voter registration lists as of the date the petition is filed. No signatures may be added or withdrawn after the date the petition is filed. The length of time for signatures to be valid, before filing of the petition, may not exceed 6 months. Notwithstanding any provision to the contrary contained in the Election Code, the regional superintendent of schools shall make all determinations regarding the validity of the petition, including, without limitation, signatures on the petition. Any party who is dissatisfied with the determination of the regional superintendent regarding the validity of the petition may appeal the regional superintendent's decision to the regional board of school trustees by motion, and the motion must be heard by the regional board of school trustees prior to any hearing on annexing the territory of a district being dissolved.
If no opposition petition is timely filed, the regional board of school trustees
shall have no authority to deny dissolution requested in a proper petition
for dissolution filed under this Section, but shall exercise its
discretion in accordance with Section 7-11 of this Code on the issue of annexing the
territory of a district being dissolved, giving consideration to but not
being bound by the wishes expressed by the residents of
the various school districts that may be affected by such annexation.
(Source: P.A. 99-657, eff. 7-28-16; 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-2b) (from Ch. 122, par. 7-2b)
Sec. 7-2b.
Annexation of non-coterminous territory from an elementary
or high school district.
(a) Any contiguous portion of a high school
district that constitutes 5% or less of the equalized assessed
value of the
district and 5% or less of the territory of the district shall upon
petition
of
two-thirds of the registered voters of the
territory proposed to be detached and annexed be so detached and annexed by
the regional board of school trustees if
granting such petition shall make
the affected segment of the boundaries of the high school district the
territory is
proposed to be annexed to identical, for the entirety of
such affected segment, to the boundaries of the elementary school district in
which the territory is located.
Any contiguous portion of an elementary school district that constitutes
5% or less of the equalized assessed value of the district and 5%
or less of the territory of the district shall
upon petition
of two-thirds of the registered voters of the territory proposed to be detached
and annexed be so detached and annexed by the regional board of school
trustees
if granting such petition shall make the affected segment of the boundaries of
the elementary school district the territory is proposed to be annexed to
identical, for the entirety of such affected segment, to the boundaries of the
high school district in which the territory is located.
The regional board of school trustees shall
have no authority or discretion
to hear any evidence or consider any issues except those that may be necessary
to determine whether the limitations and conditions of this Section have been
met.
No district may lose more than 5% of its equalized assessed value or more
than 5% of its territory through
petitions filed under this Section. If a petition seeks to detach territory
that would result in a cumulative total of more than 5% of a district's
equalized
assessed value or more than 5% of the district's territory being detached under
this Section, the petition shall be denied
without prejudice to its being filed pursuant to Section 7-6 of this Code.
Notwithstanding any other provision of this Section, this paragraph shall
apply to any detachments effected pursuant to the provisions of this Section as
they existed prior to the effective date of this amendatory Act of the 91st
General Assembly.
(b) At any time prior to the granting of the petition calling for the
detachment and annexation of non-coterminous territory under this Section, the
Committee of Ten designated in the petition may amend the petition to withdraw
the detachment and annexation proposal and substitute in its place a proposal
to require the school district from which the territory would have been
detached to pay the per capita tuition costs for each pupil residing in the
non-coterminous territory to attend the school district to which the territory
would have been annexed. If such amended petition is granted, the school
district from which the territory would have been detached shall pay to the
school district to which the territory would have been annexed the per capita
tuition costs as determined under Section 10-20.12a for each pupil residing in
the territory who chooses to attend the school district to which the territory
would have been annexed. Notwithstanding the provisions of Section 10-22.5,
the school district to which the territory would have been annexed shall admit
any pupil that resides in the non-coterminous territory and provide such pupils
with any services of the school. The payment and collection of tuition and any
other such matters as may need to be resolved shall be established by an
intergovernmental agreement developed between the two affected school
districts.
Section 7-6 of this Code shall apply to petitions filed under this Section
except as otherwise provided in this Section.
The changes made by this amendatory Act of the 91st General Assembly shall
not apply to petitions pending on the effective date of this amendatory Act of
the 91st General Assembly.
(Source: P.A. 91-46, eff. 6-30-99.)
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(105 ILCS 5/7-2c)
Sec. 7-2c.
Change of school district boundaries following annexation of
vacant and unincorporated territory to a contiguous municipality.
Notwithstanding any other provision of this Code, any contiguous portion of
an elementary school district may be detached from
that district and
annexed to an adjoining elementary school district, and any contiguous portion
of a high school district may be detached from that district and annexed to an
adjoining high school district, upon a petition or petitions filed under this
Section, when all of the following conditions are met with respect to each
petition so filed:
(1) The portion of the district to be so detached and | ||
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(2) The equalized assessed valuation of the taxable | ||
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(3) The portion of the district to be so detached and | ||
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A petition filed under this Section shall be filed with the State
Superintendent of Education and shall be signed by all of the owners of record
of the
vacant land that comprises the portion of the district that is to be detached
and annexed to the adjoining elementary or high school district under the
provisions of this Section. The State Superintendent shall: (i) hold a
hearing on the petition within 90 days after the date of filing; (ii) render a
decision granting or denying the
petition within 30 days after the hearing; and (iii) promptly serve a copy of
the decision by certified mail, return
receipt requested, upon the petitioners and upon the school boards of the
school districts from which the territory described in the petition is sought
to be detached and to which that territory is sought to be annexed.
The State Superintendent of Education has no authority or discretion to hear
any evidence or consider any issues at the hearing except those that may be
necessary to determine whether the limitations and conditions of this Section
have been met.
The State Superintendent of Education: (i) shall give written notice of the
time and place of the hearing, not less than 30 days prior to the date of the
hearing, to the school board of the school district from which the territory
described in the petition is to be detached and to the school board of the
school district to which that territory is to be annexed; and (ii) shall
publish notice of the hearing in a newspaper that is published in the county in
which the territory described in the petition is located and that has
circulation within the school districts whose school boards are entitled to
written notice of the hearing.
In the event that the granting of a petition filed under this Section has
become final, either through failure to seek administrative review or by the
final decision of a court on review, the change in boundaries shall become
effective forthwith and for all purposes, except that if the granting of the
petition becomes final between September 1 and June 30 of any year, the
administration of and attendance at the schools shall not be affected until the
following July 1, when the change in boundaries shall become effective for all
purposes. After the granting of a petition has become final, the date when the
change shall become effective for purposes of administration and attendance may
be accelerated or
postponed by stipulation of the school boards of the school districts from
which the territory described in the petition is detached and to which that
territory is annexed.
The decision of the State Superintendent of Education
shall be deemed an "administrative decision" as defined in Section 3-101 of the
Administrative Review Law, and any petitioner or the school board of a school
district affected by the detachment and annexation of the territory described
in the petition may within 35 days after a copy of the decision sought to be
reviewed was served by certified mail upon the party affected thereby, or upon
the attorney of record for such party, apply for a review of such decision in
accordance with the Administrative Review Law, and all amendments and
modifications thereof and the rules adopted pursuant thereto.
The commencement of any action for review shall operate as a supersedeas, and
no further proceedings shall be had until final disposition of such review.
The circuit court of the county in which the petition is filed with the State
Superintendent of Education shall have sole jurisdiction to entertain a
complaint for such review.
This Section: (i) is not limited by and operates independently of all other
provisions of this Article, and (ii) constitutes complete authority for the
granting or denial by the State Superintendent of Education of a petition filed
under this Section when the conditions prescribed by this Section for the
filing of that petition are met.
(Source: P.A. 90-459, eff. 8-17-97.)
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(105 ILCS 5/7-2.3) (from Ch. 122, par. 7-2.3)
Sec. 7-2.3.
Annexation to special charter district.
(a) Notwithstanding any provision to the contrary contained in any
special
act or special charter of any school district, annexation of territory to
any city or village under the Illinois Municipal Code after the effective
date of this amendatory Act of 1967 does not constitute annexation of the
territory to the special charter school district nor detachment from any
school district adjacent to the special charter district. Except as
otherwise provided in subsection (b) of this Section, the boundaries of a special charter district may be changed as provided in Sections
7-2.4 through 7-2.7.
(b) If all or any part of a special charter school district is located in
a special charter city, then upon the filing with the governing body of the
special charter school district of a petition to detach the territory described
in the petition from the school district of which that territory forms a part
and to annex that territory to the special charter school district, the
territory described in the petition shall be deemed to be so detached and
annexed to the
special charter school district by operation of law, if all of the following
conditions are met: (i) the petition is signed by at least 51% of the owners of
record and 51% of the electors, if any, residing in the territory described in
the petition; and (ii) the territory described in the petition is located in
the special charter city, is contiguous to the special charter school district,
and does not include any commercially zoned properties that are contiguous to
each other and together constitute in excess of 100 acres of land and are
not separated by a State highway and that are used solely for office/research
and hotel purposes. A certified copy of the petition and the resolution or
order of the governing body of the special charter school district evidencing
the annexation of the territory
described in the petition to the special charter school district by operation
of law shall be mailed by that governing body to each school district affected
and to the regional board or boards of school trustees for the educational
service region or regions in which the affected school districts are located.
A person who is a resident of any territory described in the petition at the
time of its detachment from one school district and its annexation to a special
charter school district under this subsection, and whose child or children are
then attending school in the district from which that territory is being
detached, may elect to have that child or those children and their siblings
attend the schools of the district from which the territory is being detached.
However, in that event the special charter school district shall pay tuition in
the amount provided by law to the school district from which the territory is
detached for each of those children and siblings who attend the schools of that
district.
(Source: P.A. 89-494, eff. 6-21-96.)
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(105 ILCS 5/7-2.4) (from Ch. 122, par. 7-2.4)
Sec. 7-2.4.
A petition for detachment of territory from a special charter district with annexation to another school district, for detachment of territory from a school district with annexation to a special charter district, or for dissolution of a school district with annexation to a special charter district must be filed with the governing body of
the special charter district, and a certified copy thereof must be sent to
each other detaching, dissolving, or annexing school district and to the regional board of school trustees of the region
in which the regional superintendent has supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving district. A petition for such annexation
or detachment of territory must be filed by the school board of the detaching or dissolving district, by a majority of the legal resident voters in the dissolving district, or by two-thirds of a combination of the legal resident voters and the owners of record of any real estate with no legal resident voters in any territory proposed to be detached. If any of the territory proposed to be detached contains real estate with no legal resident voters, petitioners shall deliver the petition by certified mail, return receipt requested, to all owners of record of any real estate with no legal resident voters. Proof of the delivery must be presented as evidence at any hearing required by Section 7-2.6 of this Code. Any owner of record of real estate with no legal resident voters in any territory proposed to be detached may either sign the petition in person and before the circulator as described in Section 7-1 of this Code or return the petition with his or her notarized signature to be included as a petitioner. No person may sign a petition in the capacity of both a legal resident voter and owner of record. If there are no legal resident
voters within the territory proposed to be detached,
then the petition must be signed by all of the owners of record of the real
estate of the territory. Petitions must contain all of the elements set forth in subsection (a) of Section 7-1 of this Code.
Where there is only one school building in an approved operating school
district, the building and building site may not be included in any
detachment proceeding.
(Source: P.A. 100-374, eff. 8-25-17.)
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