HB0595 EngrossedLRB097 03428 NHT 43465 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
57-04 as follows:
 
6    (105 ILCS 5/7-04)  (from Ch. 122, par. 7-04)
7    Sec. 7-04. Districts in educational service regions of
82,000,000 or more inhabitants.
9    (a) In all proceedings under this Article to change by
10detachment, annexation, division, dissolution, or any
11combination of those methods the boundaries of any school
12district (other than a school district organized under Article
1334) located in an educational service region of 2,000,000 or
14more inhabitants in which the regional board of school trustees
15is abolished as provided in subsection (a) of Section 6-2, the
16trustees of schools of the township in which that school
17district is located, as the successor under subsection (b) of
18Section 6-2 to the former regional board of school trustees
19with respect to all territory located in that school township,
20shall have, exercise, and perform all powers, duties, and
21responsibilities required under this Article to be exercised
22and performed in those proceedings by a regional board of
23school trustees; provided that if any school district affected

 

 

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1by those proceedings is located in a school township referred
2to in subsection (b) of Section 5-1 and there are no trustees
3of schools acting in that township, then the governing board of
4the educational service center established pursuant to Section
52-3.62 of this Code where the detaching territory is located
6school board of any such district, as the successor under
7subsection (b) of Section 6-2 to the former regional board of
8school trustees with respect to the territory comprising that
9school district, shall have, exercise, and perform all powers,
10duties, and responsibilities required under this Article to be
11exercised and performed in those proceedings with respect to
12the territory of that school district by a regional board of
13school trustees; and provided further that: (i) when any school
14district affected by those proceedings is located not only in
15an educational service region of 2,000,000 or more inhabitants
16but also in 2 or more school townships in that region that each
17have trustees of schools of the township, then the boundaries
18of that school district may be changed under this Article by
19detachment, annexation, division, dissolution, or any
20combination of those methods only by the concurrent action of,
21taken following a joint hearing before the trustees of schools
22of those townships (in that educational service region) in
23which that school district is located; and (ii) if any part of
24the school district referred to in item (i) of this subsection
25also lies within an educational service region that has a
26regional board of school trustees, the boundaries of that

 

 

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1district may be changed under this Article only by the
2concurrent action of, taken following a joint hearing before
3the trustees of schools of the townships referred to in item
4(i) of this subsection and the regional board of school
5trustees of the educational service region referred to in this
6item (ii) of this subsection. Whenever concurrent action and
7joint hearings are required under this subsection, the original
8petition shall be filed with the trustees of schools of the
9township in which the territory or greatest portion of the
10territory being detached is located, or if the territory is
11being detached from more than one educational service region
12then with the regional board of school trustees of the region
13or the trustees of schools of the township in which the
14territory or greatest portion of the territory being detached
15is located.
16    (b) Except as otherwise provided in this Section, all other
17provisions of this Article shall apply to any proceedings under
18this Article to change the boundaries of any school district
19located in an educational service region having 2,000,000 or
20more inhabitants in the same manner that those provisions apply
21to any proceedings to change the boundaries of any school
22district located in any other educational service region;
23provided, that any reference in those other provisions to the
24regional board of school trustees shall mean, with respect to
25all territory within an educational service region containing
262,000,000 or more inhabitants that formerly was served by a

 

 

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1regional board of school trustees abolished under subsection
2(a) of Section 6-2, the trustees of schools of the township or
3the school board of the school district that is the successor
4under subsection (b) of Section 6-2 to the former regional
5board of school trustees with respect to the territory included
6within that school township or school district or the governing
7board of the educational service center established pursuant to
8Section 2-3.62 of this Code where the detaching territory is
9located when any school district affected by those proceedings
10is located in a school township referred to in subsection (b)
11of Section 5-1 of this Code and there are no trustees of
12schools acting in that township. The executive director of the
13educational service center shall appoint 3 members from the
14governing board of the educational service center to
15participate in the hearing.  Individuals serving on the hearing
16panel may not reside in the area affected by the petition or be
17employed or serve as a school board member in the school
18districts affected by the petition.
19(Source: P.A. 87-969.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.