(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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