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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

SCHOOLS
(105 ILCS 5/) School Code.

105 ILCS 5/7-9

    (105 ILCS 5/7-9) (from Ch. 122, par. 7-9)
    Sec. 7-9. Effective date of change. In the event that the granting of a petition has become final, through failure to seek administrative review, by the final decision of a court on review if no further appeal is taken, or upon certification of election results in the event of a dissolution, the change in boundaries shall become effective the following July 1. The school boards of the districts as they existed prior to the change shall exercise the same power and authority over such territory until such date, unless accelerated or postponed by stipulation of the school boards of each detaching or dissolving and annexing school district and approval by the regional board of school trustees with which the original petition is required to be filed.
(Source: P.A. 100-374, eff. 8-25-17.)

105 ILCS 5/7-10

    (105 ILCS 5/7-10) (from Ch. 122, par. 7-10)
    Sec. 7-10. Map showing change; filed. Within 30 days after the boundaries of any school district have been changed, the regional superintendent of schools shall make and file with the county clerk or clerks a map of any detaching, dissolving, or annexing school districts, whereupon the county clerks shall extend taxes against the territory in accordance therewith; provided that if an action to review such decision under Section 7-7 of this Code is taken, the regional superintendent of schools shall not file the map with the county clerk until after he or she is served with a certified copy of the order of the final disposition of such review.
(Source: P.A. 100-374, eff. 8-25-17.)

105 ILCS 5/7-10.5

    (105 ILCS 5/7-10.5)
    Sec. 7-10.5. Teacher transfer. When dissolution and annexation become effective for purposes of administration and attendance as determined pursuant to Section 7-9 or 7-11 of this Code, as applicable, the positions of teachers in contractual continued service in the district being dissolved are transferred to an annexing district or to annexing districts pursuant to the provisions of subsection (h) of Section 24-11 of this Code relative to teachers having contractual continued service status whose positions are transferred from one school board to the control of a different school board, and those said provisions of subsection (h) of Section 24-11 of this Code shall apply to the transferred teachers. In the event that the territory is added to 2 or more districts, the decision on which positions are to be transferred to which annexing districts must be made giving consideration to the proportionate percentage of pupils transferred and the annexing districts' staffing needs, and the transfer of specific individuals into such positions must be based upon the request of those teachers in order of seniority in the dissolving district. The contractual continued service status of any teacher thereby transferred to an annexing district is not lost and the different school board is subject to this Code with respect to the transferred teacher in the same manner as if the teacher was that district's employee and had been its employee during the time the teacher was actually employed by the school board of the dissolving district from which the position was transferred.
(Source: P.A. 100-374, eff. 8-25-17.)

105 ILCS 5/7-11

    (105 ILCS 5/7-11) (from Ch. 122, par. 7-11)
    Sec. 7-11. Annexation of dissolved non-operating districts. If any school district has become dissolved as provided in Section 5-32 of this Code, or if a petition for dissolution is filed under Section 7-2a of this Code, the regional board of school trustees shall attach the territory of such dissolved district to one or more districts and, if the territory is added to 2 or more districts, shall divide the property of the dissolved district among the districts to which its territory is added, in the manner provided for the division of property in case of the organization of a new district from a part of another district. 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, over the school district that is dissolved shall have all power necessary to annex the territory of the dissolved district as provided in this Section, including the power to attach the territory to a school district under the supervision and control of the regional superintendent of another educational service region and, in the case of Leepertown CCSD 175, the power to attach the territory to a non-contiguous school district if deemed in the best interests of the schools of the area and the educational welfare of the pupils involved. The annexation of the territory of a dissolved school district under this Section shall entitle the school districts involved in the annexation to payments from the State Board of Education in the same manner and to the same extent authorized in the case of other annexations under this Article. Other provisions of this Article 7 of this Code shall apply to and govern dissolutions and annexations under this Section and Section 7-2a of this Code, except that it is the intent of the General Assembly that in the case of conflict the provisions of this Section and Section 7-2a of this Code shall control over the other provisions of this Article.
    The regional board of school trustees shall give notice of a hearing, to be held not less than 50 days nor more than 70 days after a school district is dissolved under Section 5-32 of this Code or a petition is filed under Section 7-2a of this Code, on the disposition of the territory of such school district by publishing a notice thereof at least once each week for 2 successive weeks in at least one newspaper having a general circulation within the area of the territory involved. At such hearing, the regional board of school trustees shall hear evidence as to the school needs and conditions of the territory and of the area within and adjacent thereto, and shall take into consideration the educational welfare of the pupils of the territory and the normal high school attendance pattern of the children. In the case of an elementary school district, except for Leepertown CCSD 175, if all the eighth grade graduates of such district customarily attend high school in the same high school district, the regional board of school trustees shall, unless it be impossible because of the restrictions of a special charter district, annex the territory of the district to a contiguous elementary school district whose eighth grade graduates customarily attend that high school, and that has an elementary school building nearest to the center of the territory to be annexed, but if such eighth grade graduates customarily attend more than one high school the regional board of school trustees shall determine the attendance pattern of such graduates and divide the territory of the district among the contiguous elementary districts whose graduates attend the same respective high schools.
    At the conclusion of the hearing, the regional superintendent of schools, as secretary to the regional board of school trustees, shall, within 10 days, enter an order detailing the annexation of the dissolved district. The regional superintendent of schools shall deliver a certified copy of the order by certified mail, return receipt requested, to the petitioners or committee of petitioners, as applicable; the president of the school board of each dissolving and annexing district; any person providing testimony in support of or opposition to the petition at the hearing; and any attorney who appears for any person. The regional superintendent of schools shall also deliver a copy of the order to the regional superintendent of schools who has supervision and control, as defined in Section 3-14.2 of this Code, of the annexing district, if different from the regional superintendent of schools with whom the petition was filed. The regional superintendent of schools is not required to send a copy of the regional board of school trustees' order to those attending the hearing but not participating. The final order shall be in writing and include findings of fact, conclusions of law, and the annexation decision. The decision of the regional board of school trustees shall be deemed an "administrative decision" as defined in Section 3-101 of the Code of Civil Procedure, and any resident, petitioner, or school board entitled to receive a certified copy of the regional board of school trustees' order may, within 10 days after a copy of the decision sought to be reviewed was served by certified mail, return receipt requested, upon the resident, petitioner, or school board, thereby file a complaint for the judicial review of such decision in accordance with the Administrative Review Law and the rules adopted pursuant thereto. The commencement of any action for review shall operate as a stay of enforcement, and no further proceedings shall be had until final disposition of such review. The final decision of the regional board of school trustees or of any court upon judicial review shall become effective under Section 7-9 of this Code in the case of a petition for dissolution filed under Section 7-2a of this Code, and a final decision shall become effective immediately following the date no further appeal is allowable in the case of a district dissolved under Section 5-32 of this Code.
    Notwithstanding the foregoing provisions of this Section or any other provision of law to the contrary, the school board of the Mt. Morris School District is authorized to donate to the City of Mount Morris, Illinois the school building and other real property used as a school site by the Mt. Morris School District at the time of its dissolution, by appropriate resolution adopted by the school board of the district prior to the dissolution of the district; and upon the adoption of a resolution by the school board donating the school building and school site to the City of Mount Morris, Illinois as authorized by this Section, the regional board of school trustees or other school officials holding legal title to the school building and school site so donated shall immediately convey the same to the City of Mt. Morris, Illinois.
(Source: P.A. 100-374, eff. 8-25-17.)

105 ILCS 5/7-12

    (105 ILCS 5/7-12) (from Ch. 122, par. 7-12)
    Sec. 7-12. Termination of office. Upon the close of the then current school year during which any school district is annexed to another school district under any of the provisions of this Article, the terms of office of the school directors or board of education members of the annexed school district shall be terminated and the school board of the annexing district shall perform all the duties and have all the powers of the school board of the annexed district. The annexing district as it is constituted on and after the time of such annexation shall receive all the assets and assume all the obligations and liabilities including the bonded indebtedness of the original annexing district and of the district annexed. The tax rate for such assumed bonded indebtedness shall be determined in the manner provided in Article 19 of this Code.
(Source: P.A. 100-374, eff. 8-25-17.)

105 ILCS 5/7-13

    (105 ILCS 5/7-13)
    Sec. 7-13. (Repealed).
(Source: P.A. 81-1490. Repealed by P.A. 100-374, eff. 8-25-17.)

105 ILCS 5/7-14

    (105 ILCS 5/7-14) (from Ch. 122, par. 7-14)
    Sec. 7-14. Bonded indebtedness-Tax rate.
    (a) Beginning on January 1, 2015, whenever the boundaries of any school district are changed by the attachment or detachment of territory, the territory that is detached shall remain liable for its proportionate share of the bonded indebtedness of the school district from which the territory is detached. The annexing district shall not, except pursuant to the approval of a resolution by the school board of the annexing district prior to the effective date of the change of boundaries, assume or be responsible for any of the bonded indebtedness of the district from which the territory is detached. If the annexing district does not assume the detaching territory's proportionate share of the bonded indebtedness of the district from which the territory is detaching, a tax rate for that bonded indebtedness shall be determined in the manner provided in Section 19-7 of this Code, and the county clerk or clerks shall annually extend taxes for each bond outstanding on the effective date of the change of boundaries against all of the taxable property situated within the territory that is detached and within the detaching district. After the effective date of the change of boundaries, all of the property situated within the annexing school district, including the detaching territory, shall be liable for the bonded indebtedness of that district as it exists on the effective date of the change of boundaries and any date thereafter.
    (b) Whenever a school district with bonded indebtedness has become dissolved under this Article and its territory annexed to another district, the annexing district or districts shall not, except by action pursuant to resolution of the school board of the annexing district prior to the effective date of the annexation, assume the bonded indebtedness of the dissolved district; nor, except by action pursuant to resolution of the school board of the dissolving district, shall the territory of the dissolved district assume the bonded indebtedness of the annexing district or districts. If the annexing district or districts do not assume the bonded indebtedness of the dissolved district, a tax rate for the bonded indebtedness shall be determined in the manner provided in Section 19-7, and the county clerk or clerks shall annually extend taxes for each outstanding bond issue against all the taxable property that was situated within the boundaries of the district as the boundaries existed at the time of the issuance of each bond issue regardless of whether the property is still contained in that same district at the time of the extension of the taxes by the county clerk or clerks.
    (c) Notwithstanding the provisions of Section 19-18 of this Code, upon resolution of the school board, the county clerk must extend taxes to pay the principal of and interest on any bonds issued exclusively to refund any bonded indebtedness of the annexing school district against all of the taxable property that was situated within the boundaries of the annexing district as the boundaries existed at the time of the issuance of the bonded indebtedness being refunded and not against any of the taxable property in the dissolved school district, provided that (i) the net interest rate on the refunding bonds may not exceed the net interest rate on the refunded bonds, (ii) the final maturity date of the refunding bonds may not extend beyond the final maturity date of the refunded bonds, and (iii) the tax levy to pay the refunding bonds in any levy year may not exceed the tax levy that would have been required to pay the refunded bonds for that levy year. The provisions of this subsection (c) are applicable to school districts that were dissolved and their territory annexed to another school district pursuant to a referendum held in April of 2003. The provisions of this subsection (c), other than this sentence, are inoperative 2 years after the effective date of this amendatory Act of the 95th General Assembly.
(Source: P.A. 99-475, eff. 1-1-16.)

105 ILCS 5/7-14A

    (105 ILCS 5/7-14A) (from Ch. 122, par. 7-14A)
    Sec. 7-14A. Annexation compensation. There shall be no accounting made after a mere change in boundaries when no new district is created, except that those districts whose enrollment increases by 90% or more as a result of annexing territory detached from another district pursuant to this Article are eligible for supplementary State aid payments in accordance with Section 11E-135 of this Code. Eligible annexing districts shall apply to the State Board of Education for supplementary State aid payments by submitting enrollment figures for the year immediately preceding and the year immediately following the effective date of the boundary change for both the district gaining territory and the district losing territory. Copies of any intergovernmental agreements between the district gaining territory and the district losing territory detailing any transfer of fund balances and staff must also be submitted. In all instances of changes in boundaries, the district losing territory shall not count the average daily attendance of pupils living in the territory during the year preceding the effective date of the boundary change in its claim for reimbursement under Section 18-8.05 or 18-8.15 of this Code for the school year following the effective date of the change in boundaries and the district receiving the territory shall count the average daily attendance of pupils living in the territory during the year preceding the effective date of the boundary change in its claim for reimbursement under Section 18-8.05 or 18-8.15 of this Code for the school year following the effective date of the change in boundaries. The changes to this Section made by this amendatory Act of the 95th General Assembly are intended to be retroactive and applicable to any annexation taking effect on or after July 1, 2004.
(Source: P.A. 99-657, eff. 7-28-16; 100-465, eff. 8-31-17.)

105 ILCS 5/7-27

    (105 ILCS 5/7-27)
    Sec. 7-27. (Repealed).
(Source: Laws 1967, p. 470. Repealed by P.A. 100-374, eff. 8-25-17.)

105 ILCS 5/7-28

    (105 ILCS 5/7-28)
    Sec. 7-28. (Repealed).
(Source: P.A. 88-155. Repealed by P.A. 100-374, eff. 8-25-17.)

105 ILCS 5/7-29

    (105 ILCS 5/7-29) (from Ch. 122, par. 7-29)
    Sec. 7-29. Limitation on contesting boundary change. No action contesting the annexation of any territory to a school district shall commence unless brought within 2 calendar years after (i) the order annexing the territory shall have become final in the event of a detachment or (ii) the election results shall have been certified in the event of a dissolution. Where a limitation of a shorter period is prescribed by statute, such shorter limitation shall apply. The limitation set forth in this Section shall not apply to jurisdictional challenges.
(Source: P.A. 100-374, eff. 8-25-17.)

105 ILCS 5/7-30

    (105 ILCS 5/7-30)
    Sec. 7-30. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 100-374, eff. 8-25-17.)

105 ILCS 5/7-31

    (105 ILCS 5/7-31)
    Sec. 7-31. Applicability of amendatory Act. For any petition filed with the regional superintendent of schools under this Article prior to the effective date of this amendatory Act of the 100th General Assembly, including a petition for a rehearing pursuant to subsection (n) of Section 7-6 of this Code, the proposed action described in the petition, including all notices, hearings, administrative decisions, ballots, elections, and passage requirements relating thereto, shall proceed and be in accordance with the law in effect prior to the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-374, eff. 8-25-17.)

105 ILCS 5/Art. 7A

 
    (105 ILCS 5/Art. 7A heading)
ARTICLE 7A. UNIT SCHOOL DISTRICT CONVERSION
IN DISTRICTS WITH NOT MORE THAN 250 STUDENTS
IN GRADES 9 THROUGH 12
(Repealed)
(Source: Repealed by P.A. 94-1019, eff. 7-10-06.)