HB0813sam001 99TH GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 8/18/2015

09900HB0813sam001 LRB099 04633 NHT 37782 a

AMENDMENT TO HOUSE BILL 813

AMENDMENT NO. ______. Amend House Bill 813 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by changing Section 7-04 as follows:

(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 in which that school district is located, 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 school district affected by those proceedings is located in a school township referred to in subsection (b) of Section 5-1 and there are no trustees of schools acting in that township, then 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 by a regional board of school trustees and the chief administrative officers of the educational service centers shall have, exercise, and perform all powers, duties, and responsibilities required under this Article that are otherwise assigned to regional superintendents of schools. the school board of any such district, as the successor under subsection (b) of Section 6-2 to the former regional board of school trustees with respect to the territory comprising that school district, 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 territory of that school district by a regional board of school trustees; and provided further that: (i) when any school district affected by those proceedings is located not only in an educational service region of 2,000,000 or more inhabitants but also in 2 or more school townships in that region that each have trustees of schools of the township, then the boundaries of that school district may be changed under this Article by detachment, annexation, division, dissolution, or any combination of those methods only by the concurrent action of, taken following a joint hearing before the trustees of schools of those townships (in that educational service region) in which that school district is located; and (ii) if any part of the school district referred to in item (i) of this subsection also lies within an educational service region that has a regional board of school trustees, the boundaries of that district may be changed under this Article only by the concurrent action of, taken following a joint hearing before the trustees of schools of the townships referred to in item (i) of this subsection and the regional board of school trustees of the educational service region referred to in this item (ii) of this subsection. Whenever concurrent action and joint hearings are required under this subsection, the original petition shall be filed with the trustees of schools of the township in which the territory or greatest portion of the territory being detached is located, or if the territory is being detached from more than one educational service region then with the regional board of school trustees of the region or the trustees of schools of the township in which the territory or greatest portion of the territory being detached is located.

(a-5) The hearing panel shall be made up of 3 members from the governing board of the affected educational service center and appointed by the chief administrative officer of the affected educational service center. Individuals serving on the hearing panel may not reside in the detaching or dissolving school district or the annexing school district or be employed or serve as a board member in the detaching or dissolving school district or the annexing school district.

(a-10) For purposes of this Section and Section 7-6 of this Code, an educational service center is affected if any portion of the territory that the petition seeks to have detached or dissolved from any school district is located within the boundaries of the educational service center. No other educational service center may hear the petition.

The original petition shall be filed with the chief administrative officer of the educational service center in which the territory being detached or dissolved is located, or if territory is being detached or dissolved from more than one educational service center, then the petition shall be filed with the chief administrative officer of the educational service center in which the chief administrative officer has supervision and control over the greatest portion of the detaching or dissolving territory, as described in Section 3-14.2 of this Code. The chief administrative officer within whose boundaries the joint hearing on the original petition is conducted shall send a certified true copy of the transcript of the hearing to each other educational service center or region affected.

(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 or the hearing panel as established in this Section school board of the school district 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.

(Source: P.A. 87-969.)".