093_HB3058
LRB093 05229 NHT 05291 b
1 AN ACT relating to schools.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing
5 Section 7-2a as follows:
6 (105 ILCS 5/7-2a) (from Ch. 122, par. 7-2a)
7 Sec. 7-2a. (a) Except as provided in subsection (b) of
8 this Section, (i) any petition for dissolution filed under
9 this Article must specify the school district or districts to
10 which all of the territory of the district proposed to be
11 dissolved will be annexed and (ii). any petition for
12 dissolution may be made by the board of education of the
13 district or at least two-thirds a majority of the registered
14 legal voters residing in the district proposed to be
15 dissolved. No petition from any other district affected by
16 the proposed dissolution shall be required. A petition
17 approved by the regional board of school trustees that was
18 initiated by the registered voters residing in the district
19 proposed to be dissolved is not effective until the question
20 of dissolution and annexation has been submitted to the
21 electors in each affected school district at a regular
22 election and has been approved by a majority of the electors
23 in each affected school district voting on the question. The
24 regional board of school trustees must certify the question
25 to the proper election authority, which must submit the
26 question at an election in accordance with the Election Code.
27 (b) Any school district with a population of less than
28 5,000 residents shall be dissolved and its territory annexed
29 as provided in Section 7-11 by the regional board of school
30 trustees upon the filing with the regional board of school
31 trustees a request to dissolve of a petition adopted by
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1 resolution of the board of education or a petition signed by
2 a majority of the registered voters of the district seeking
3 such dissolution. If a petition is initiated by two-thirds of
4 the registered voters in a school district with a population
5 of less than 5,000 residents and the petition seeks to annex
6 the district in its entirety to another school district, then
7 the petition, if approved by the regional board of school
8 trustees, is not effective until the question of dissolution
9 and annexation has been submitted to the electors in each
10 affected school district at a regular election and has been
11 approved by a majority of the electors in each affected
12 school district voting on the question. The regional board of
13 school trustees must certify the question to the proper
14 election authority, which must submit the question at an
15 election in accordance with the Election Code. No resolution
16 shall be adopted by the board of education or petition shall
17 be adopted or signed under this subsection (b) until the
18 board of education or the petitioners, as the case may be,
19 shall have given at least 10 days' notice to be published
20 once in a newspaper having general circulation in the
21 district and shall have conducted a public informational
22 meeting to inform the residents of the district of the
23 proposed dissolution and to answer questions concerning the
24 proposed dissolution. The resolution or petition shall be
25 filed with and decided solely by the regional board of school
26 trustees of the region in which the regional superintendent
27 of schools has supervision of the school district being
28 dissolved. The regional board of school trustees shall not
29 act on a resolution petition filed by a board of education if
30 within 45 days after giving notice of the hearing required
31 under Section 7-11 a petition in opposition to the resolution
32 petition of the board to dissolve, signed by a majority of
33 the registered voters of the district, is filed with the
34 regional board of school trustees. The regional board of
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1 school trustees shall have no authority to deny dissolution
2 requested in a proper resolution petition for dissolution
3 filed by a board of education under this subsection (b), but
4 shall exercise its discretion in accordance with Section 7-11
5 on the issue of annexing the territory of a district being
6 dissolved, giving consideration to but not being bound by the
7 wishes expressed by the residents of the various school
8 districts that may be affected by such annexation.
9 When dissolution and annexation become effective for
10 purposes of administration and attendance as determined
11 pursuant to Section 7-11, the positions of teachers in
12 contractual continued service in the district being dissolved
13 are transferred to an annexing district or to annexing
14 districts pursuant to the provisions of Section 24-12
15 relative to teachers having contractual continued service
16 status whose positions are transferred from one board to the
17 control of a different board, and those said provisions of
18 Section 24-12 shall apply to said transferred teachers. In
19 the event that the territory is added to 2 or more districts,
20 the decision on which positions shall be transferred to which
21 annexing districts shall be made giving consideration to the
22 proportionate percent of pupils transferred and the annexing
23 districts' staffing needs, and the transfer of specific
24 individuals into such positions shall be based upon the
25 request of those teachers in order of seniority in the
26 dissolving district. The contractual continued service
27 status of any teacher thereby transferred to an annexing
28 district is not lost and the different board is subject to
29 this Act with respect to such transferred teacher in the same
30 manner as if such teacher was that district's employee and
31 had been its employee during the time such teacher was
32 actually employed by the board of the dissolving district
33 from which the position was transferred.
34 (Source: P.A. 86-13; 87-1215.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.