Rep. Robert W. Pritchard
Filed: 3/9/2017
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1 | AMENDMENT TO HOUSE BILL 2612
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2 | AMENDMENT NO. ______. Amend House Bill 2612 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing Sections | ||||||
5 | 5-1, 7-04, 7-1, 7-2a, 7-2.4, 7-2.5, 7-2.6, 7-2.7, 7-4, 7-4.1, | ||||||
6 | 7-5, 7-6, 7-7, 7-8, 7-9, 7-10, 7-11, 7-12, 7-29, 12-24, 16-2, | ||||||
7 | and 32-4.6 and by adding Sections 7-01a, 7-01b, 7-10.5, 7-31, | ||||||
8 | and 10-22.35B as follows:
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9 | (105 ILCS 5/5-1) (from Ch. 122, par. 5-1)
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10 | Sec. 5-1. County school units.
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11 | (a) The territory in each county, exclusive of
any school | ||||||
12 | district governed by any special act which requires the | ||||||
13 | district
to appoint its own school treasurer, shall constitute | ||||||
14 | a county school unit.
County school units of less than | ||||||
15 | 2,000,000 inhabitants shall be known as
Class I county school | ||||||
16 | units and the office of township trustees, where
existing on |
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1 | July 1, 1962, in such units shall be abolished on that date and
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2 | all books and records of such former township trustees shall be | ||||||
3 | forthwith
thereafter transferred to the county board of school | ||||||
4 | trustees. County
school units of 2,000,000 or more inhabitants | ||||||
5 | shall be known as Class II
county school units and shall retain | ||||||
6 | the office of township trustees
unless otherwise provided in | ||||||
7 | subsection (b) or (c).
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8 | (b) Notwithstanding subsections (a) and (c), the
school | ||||||
9 | board of any elementary school district having a fall, 1989
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10 | aggregate enrollment of at least 2,500 but less than 6,500 | ||||||
11 | pupils and
having boundaries that are coterminous with the | ||||||
12 | boundaries of a high school
district, and the school board of | ||||||
13 | any high school district having a fall,
1989 aggregate | ||||||
14 | enrollment of at least 2,500 but less than 6,500 pupils and
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15 | having boundaries that are coterminous with the boundaries of | ||||||
16 | an elementary
school district, may, whenever the territory of | ||||||
17 | such school district forms
a part of a Class II county school
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18 | unit, by proper resolution withdraw such school district from | ||||||
19 | the
jurisdiction and authority of the trustees of schools of | ||||||
20 | the township in
which such school district is located and from | ||||||
21 | the jurisdiction and
authority of the township treasurer in | ||||||
22 | such Class II county school unit;
provided that the school | ||||||
23 | board of any such school district shall, upon the
adoption and | ||||||
24 | passage of such resolution, thereupon elect or appoint its own
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25 | school treasurer as provided in Section 8-1. Upon the adoption | ||||||
26 | and passage
of such resolution and the election or appointment |
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1 | by the school board of
its own school treasurer: (1) the | ||||||
2 | trustees of schools in such township
shall no longer have or | ||||||
3 | exercise any powers and duties with respect to the
school | ||||||
4 | district governed by such school board or with respect to the | ||||||
5 | school
business, operations or assets of such school district; | ||||||
6 | and (2) all books
and
records of the township trustees relating | ||||||
7 | to the school business and
affairs of such school district | ||||||
8 | shall be transferred and delivered to the
school board of such | ||||||
9 | school district. Upon the effective date of this
amendatory Act | ||||||
10 | of 1993, the legal title to, and all right, title
and interest
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11 | formerly held by the township trustees in any school buildings | ||||||
12 | and
school sites
used and occupied by the school board of such | ||||||
13 | school district for school
purposes, that legal title, right, | ||||||
14 | title and interest thereafter having
been transferred to and | ||||||
15 | vested in the regional
board
of school trustees under P.A. | ||||||
16 | 87-473 until the abolition of that regional
board of school | ||||||
17 | trustees by P.A. 87-969, shall be deemed transferred by
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18 | operation of law to and shall vest in the school board of that | ||||||
19 | school
district.
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20 | Notwithstanding subsections (a) and (c), the school boards | ||||||
21 | of Oak Park & River Forest District 200, Oak Park Elementary | ||||||
22 | School District 97, and River Forest School District 90 may, by | ||||||
23 | proper resolution, withdraw from the jurisdiction and | ||||||
24 | authority of the trustees of schools of Proviso and Cicero | ||||||
25 | Townships and the township treasurer, provided that the school | ||||||
26 | board shall, upon the adoption and passage of the resolution, |
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1 | elect or appoint its own school treasurer as provided in | ||||||
2 | Section 8-1 of this Code. Upon the adoption and passage of the | ||||||
3 | resolution and the election or appointment by the school board | ||||||
4 | of its own school treasurer: (1) the trustees of schools in the | ||||||
5 | township or townships shall no longer have or exercise any | ||||||
6 | powers or duties with respect to the school district or with | ||||||
7 | respect to the school business, operations, or assets of the | ||||||
8 | school district; (2) all books and records of the trustees of | ||||||
9 | schools and all moneys, securities, loanable funds, and other | ||||||
10 | assets relating to the school business and affairs of the | ||||||
11 | school district shall be transferred and delivered to the | ||||||
12 | school board; and (3) all legal title to and all right, title, | ||||||
13 | and interest formerly held by the trustees of schools in any | ||||||
14 | common school lands, school buildings, or school sites used and | ||||||
15 | occupied by the school board and all rights of property and | ||||||
16 | causes of action pertaining to or constituting a part of the | ||||||
17 | common school lands, buildings, or sites shall be deemed | ||||||
18 | transferred by operation of law to and shall vest in the school | ||||||
19 | board.
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20 | Notwithstanding subsections (a) and (c), the respective | ||||||
21 | school boards of Berwyn North School District 98, Berwyn South | ||||||
22 | School District 100, Cicero School District 99, and J.S. Morton | ||||||
23 | High School District 201 may, by proper resolution, withdraw | ||||||
24 | from the jurisdiction and authority of the trustees of schools | ||||||
25 | of Cicero Township and the township treasurer, provided that | ||||||
26 | the school board shall, upon the adoption and passage of the |
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1 | resolution, elect or appoint its own school treasurer as | ||||||
2 | provided in Section 8-1 of this Code. Upon the adoption and | ||||||
3 | passage of the resolution and the election or appointment by | ||||||
4 | the school board of its own school treasurer: (1) the trustees | ||||||
5 | of schools in the township shall no longer have or exercise any | ||||||
6 | powers or duties with respect to the school district or with | ||||||
7 | respect to the school business, operations, or assets of the | ||||||
8 | school district; (2) all books and records of the trustees of | ||||||
9 | schools and all moneys, securities, loanable funds, and other | ||||||
10 | assets relating to the school business and affairs of the | ||||||
11 | school district shall be transferred and delivered to the | ||||||
12 | school board; and (3) all legal title to and all right, title, | ||||||
13 | and interest formerly held by the trustees of schools in any | ||||||
14 | common school lands, school buildings, or school sites used and | ||||||
15 | occupied by the school board and all rights of property and | ||||||
16 | causes of action pertaining to or constituting a part of the | ||||||
17 | common school lands, buildings, or sites shall be deemed | ||||||
18 | transferred by operation of law to and shall vest in the school | ||||||
19 | board.
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20 | (c) Notwithstanding the provisions of subsection (a), the | ||||||
21 | offices of
township treasurer and trustee of schools of any | ||||||
22 | township located in a Class
II county school unit shall be | ||||||
23 | abolished as provided in this subsection
if all of the | ||||||
24 | following conditions are met:
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25 | (1) During the same 30 day period, each school board of | ||||||
26 | each
elementary and unit school district that is subject to |
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1 | the jurisdiction and
authority of the township treasurer | ||||||
2 | and trustees of schools of the township
in which those | ||||||
3 | offices are sought to be abolished gives written notice by
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4 | certified mail, return receipt requested to the township | ||||||
5 | treasurer and
trustees of schools of that township of the | ||||||
6 | date of a meeting of the school
board, to be held not more | ||||||
7 | than 90 nor less than 60 days after the date
when the | ||||||
8 | notice is given, at which meeting the school board is to | ||||||
9 | consider
and vote upon the question of whether there shall | ||||||
10 | be submitted to the
electors of the school district a | ||||||
11 | proposition to abolish the offices of
township treasurer | ||||||
12 | and trustee of schools of that township. None of the
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13 | notices given under this paragraph to the township | ||||||
14 | treasurer and trustees
of schools of a township shall be | ||||||
15 | deemed sufficient or in compliance with
the requirements of | ||||||
16 | this paragraph unless all of those notices are given
within | ||||||
17 | the same 30 day period.
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18 | (2) Each school board of each elementary and unit | ||||||
19 | school district that
is subject to the jurisdiction and | ||||||
20 | authority of the township treasurer and
trustees of schools | ||||||
21 | of the township in which those offices are sought to
be | ||||||
22 | abolished, by the affirmative vote of at least 5 members of | ||||||
23 | the school
board at a school board meeting of which notice | ||||||
24 | is given as required by
paragraph (1) of this subsection, | ||||||
25 | adopts a resolution requiring the
secretary of the school | ||||||
26 | board to certify to the proper election authorities
for |
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1 | submission to the electors of the school district at the | ||||||
2 | next
consolidated election in accordance with the general
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3 | election law a
proposition to abolish the offices of | ||||||
4 | township treasurer and trustee of
schools of that township. | ||||||
5 | None of the resolutions adopted under this
paragraph by any | ||||||
6 | elementary or unit school districts that are subject to
the | ||||||
7 | jurisdiction and authority of the township treasurer and | ||||||
8 | trustees of
schools of the township in which those offices | ||||||
9 | are sought to be abolished
shall be deemed in compliance | ||||||
10 | with the requirements of this paragraph or
sufficient to | ||||||
11 | authorize submission of the proposition to abolish those
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12 | offices to a referendum of the electors in any such school | ||||||
13 | district unless
all of the school boards of all of the | ||||||
14 | elementary and unit school districts
that are subject to | ||||||
15 | the jurisdiction and authority of the township
treasurer | ||||||
16 | and trustees of schools of that township adopt such a | ||||||
17 | resolution
in accordance with the provisions of this | ||||||
18 | paragraph.
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19 | (3) The school boards of all of the elementary and unit | ||||||
20 | school
districts that are subject to the jurisdiction and | ||||||
21 | authority of the
township treasurer and trustees of schools | ||||||
22 | of the township in which those
offices are sought to be | ||||||
23 | abolished submit a proposition to abolish the
offices of | ||||||
24 | township treasurer and trustee of schools of that township | ||||||
25 | to
the electors of their respective school districts at the | ||||||
26 | same consolidated
election in accordance with the general |
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1 | election law, the ballot in each
such district to be in | ||||||
2 | substantially the following form:
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3 | -------------------------------------------------------------
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4 | OFFICIAL BALLOT
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5 | Shall the offices of township
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6 | treasurer and YES
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7 | trustee of -------------
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8 | schools of Township ..... NO
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9 | Range ..... be abolished?
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10 | -------------------------------------------------------------
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11 | (4) At the consolidated election at which the
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12 | proposition to abolish
the offices of township treasurer | ||||||
13 | and trustee of schools of a township is
submitted to the | ||||||
14 | electors of each elementary and unit school district that
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15 | is subject to the jurisdiction and authority of the | ||||||
16 | township treasurer and
trustee of schools of that township, | ||||||
17 | a majority of the electors voting on
the proposition in | ||||||
18 | each such elementary and unit school district votes in
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19 | favor of the proposition as submitted to them.
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20 | If in each elementary and unit school district that is | ||||||
21 | subject to the
jurisdiction and authority of the township | ||||||
22 | treasurer and trustees of
schools of the township in which | ||||||
23 | those offices are sought to be abolished a
majority of the | ||||||
24 | electors in each such district voting at the consolidated
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25 | election on the proposition to abolish the offices of township | ||||||
26 | treasurer
and trustee of schools of that township votes in |
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1 | favor of the proposition
as submitted to them, the proposition | ||||||
2 | shall be deemed to have passed; but
if in any such elementary | ||||||
3 | or unit school district a majority of the
electors voting on | ||||||
4 | that proposition in that district fails to vote in favor
of the | ||||||
5 | proposition as submitted to them, then notwithstanding the vote | ||||||
6 | of
the electors in any other such elementary or unit school | ||||||
7 | district on that
proposition the proposition shall not be | ||||||
8 | deemed to have passed in any of
those elementary or unit school | ||||||
9 | districts, and the offices of township
treasurer and trustee of | ||||||
10 | schools of the township in which those offices
were sought to | ||||||
11 | be abolished shall not be abolished, unless in each of those
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12 | elementary and unit school districts remaining subject to the | ||||||
13 | jurisdiction
and authority of the township treasurer and | ||||||
14 | trustees of schools of that
township proceedings are again | ||||||
15 | initiated to abolish those offices and all
of the proceedings | ||||||
16 | and conditions prescribed in paragraphs (1) through (4)
of this | ||||||
17 | subsection are repeated and met in each of those elementary and
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18 | unit school districts.
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19 | Notwithstanding the foregoing provisions of this Section | ||||||
20 | or any other
provision of the School Code, the offices of | ||||||
21 | township treasurer and trustee of
schools of a township that | ||||||
22 | has a population of less than 200,000 and that
contains a unit | ||||||
23 | school district and is located in a Class II county school unit
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24 | shall also be
abolished as provided in this subsection if all | ||||||
25 | of the conditions set forth in
paragraphs (1), (2), and (3) of | ||||||
26 | this subsection are met
and if the following additional |
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1 | condition is met:
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2 | The electors in all of the school districts subject to | ||||||
3 | the jurisdiction and
authority of the township treasurer | ||||||
4 | and trustees of schools of the township in
which those | ||||||
5 | offices are sought to be abolished shall vote at the
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6 | consolidated
election on the proposition to abolish the | ||||||
7 | offices of township treasurer and
trustee of schools of | ||||||
8 | that township. If a majority of the electors in all of
the | ||||||
9 | school districts combined voting on the proposition vote in | ||||||
10 | favor of the
proposition, then the proposition shall be | ||||||
11 | deemed to have passed; but if a
majority of the electors | ||||||
12 | voting on the proposition in all of the school
district | ||||||
13 | fails to vote in favor of the proposition as submitted to | ||||||
14 | them, then
the proposition shall not be deemed to have | ||||||
15 | passed and the offices of township
treasurer and trustee of | ||||||
16 | schools of the township in which those offices were
sought | ||||||
17 | to be abolished shall not be abolished, unless and until | ||||||
18 | the proceedings
detailed in paragraphs (1) through (3) of | ||||||
19 | this subsection and the conditions
set forth in this | ||||||
20 | paragraph are met.
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21 | If the proposition to abolish the offices of township | ||||||
22 | treasurer and
trustee of schools of a township is deemed to | ||||||
23 | have passed at the
consolidated election as provided in this | ||||||
24 | subsection,
those offices shall be
deemed abolished by | ||||||
25 | operation of law effective on January 1
of the
calendar year | ||||||
26 | immediately following the calendar year in which that
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1 | consolidated election is held, provided that if after the
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2 | election, the trustees of schools by resolution elect to | ||||||
3 | abolish the offices of
township treasurer and trustee of | ||||||
4 | schools effective on July 1 immediately
following the election, | ||||||
5 | then the offices shall be abolished on July 1
immediately | ||||||
6 | following the election.
On the date that
the offices of | ||||||
7 | township treasurer and trustee of schools of a
township are | ||||||
8 | deemed abolished by operation of law, the school board of each
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9 | elementary and unit school district and the school board of | ||||||
10 | each high
school district that is subject to the jurisdiction | ||||||
11 | and authority of the
township treasurer and trustees of schools | ||||||
12 | of that township at the time
those offices are abolished: (i) | ||||||
13 | shall appoint its own school treasurer as
provided in Section | ||||||
14 | 8-1; and (ii) unless the term of the contract of a
township | ||||||
15 | treasurer expires on the date that the office of township
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16 | treasurer is abolished, shall pay to the former township | ||||||
17 | treasurer its
proportionate share of any aggregate | ||||||
18 | compensation that, were the office of
township treasurer not | ||||||
19 | abolished at that time, would
have been payable to the former | ||||||
20 | township treasurer after that date over the
remainder of the | ||||||
21 | term of the contract of the former township treasurer that
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22 | began prior to but ends after that date. In addition, on the | ||||||
23 | date that the offices of township treasurer and trustee of
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24 | schools of a township are deemed abolished as provided in this | ||||||
25 | subsection,
the school board of each elementary school, high | ||||||
26 | school and unit school
district that until that date is subject |
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1 | to the jurisdiction and authority
of the township treasurer and | ||||||
2 | trustees of schools of that township shall be
deemed by | ||||||
3 | operation of law to have agreed and assumed to pay and, when
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4 | determined, shall pay to the Illinois Municipal Retirement
Fund | ||||||
5 | a proportionate share of the unfunded liability existing in | ||||||
6 | that Fund
at the time these offices are abolished in that
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7 | calendar year for all annuities or other benefits then or
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8 | thereafter to become payable from that Fund with respect to all | ||||||
9 | periods of
service performed prior to that date as a | ||||||
10 | participating employee in that
Fund by persons serving during | ||||||
11 | those periods of service as a trustee of
schools, township | ||||||
12 | treasurer or regular employee in the office of the
township | ||||||
13 | treasurer of that township. That unfunded liability shall be
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14 | actuarially determined by the board of trustees of the Illinois | ||||||
15 | Municipal
Retirement Fund, and the board of trustees shall | ||||||
16 | thereupon notify each
school board required to pay a | ||||||
17 | proportionate share of that unfunded
liability of the aggregate | ||||||
18 | amount of the unfunded liability so determined.
The amount so | ||||||
19 | paid to the Illinois Municipal Retirement Fund by each of
those | ||||||
20 | school districts shall be credited to the account of the | ||||||
21 | township in
that Fund. For each elementary school, high school | ||||||
22 | and unit school district
under the jurisdiction and authority | ||||||
23 | of a township treasurer and trustees
of schools of a township | ||||||
24 | in which those offices are abolished as provided
in this | ||||||
25 | subsection, each such district's proportionate share of the
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26 | aggregate compensation payable to the former township |
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1 | treasurer as provided
in this paragraph and each such | ||||||
2 | district's proportionate share of the
aggregate amount of the | ||||||
3 | unfunded liability payable to the Illinois
Municipal | ||||||
4 | Retirement Fund as provided in this paragraph shall be computed
| ||||||
5 | in accordance with the ratio that the number of pupils in | ||||||
6 | average daily
attendance in each such district for the school | ||||||
7 | year last ending prior to the date on which
the offices of | ||||||
8 | township treasurer and trustee of schools of that township
are | ||||||
9 | abolished bears to the aggregate number of pupils in average | ||||||
10 | daily
attendance in all of those districts as so reported for | ||||||
11 | that school year.
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12 | Upon abolition of the offices of township treasurer and | ||||||
13 | trustee of
schools of a township as provided in this | ||||||
14 | subsection: (i) the regional
board of school trustees, in its | ||||||
15 | corporate capacity, shall be deemed the
successor in interest | ||||||
16 | to the former trustees of schools of that township
with respect | ||||||
17 | to the common school lands and township loanable funds of the
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18 | township; (ii) all right, title and interest existing or vested | ||||||
19 | in the
former trustees of schools of that township in the | ||||||
20 | common school lands and
township loanable funds of the | ||||||
21 | township, and all records, moneys,
securities and other assets, | ||||||
22 | rights of property and causes of action
pertaining to or | ||||||
23 | constituting a part of those common school lands or
township | ||||||
24 | loanable funds, shall be transferred to and deemed vested by
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25 | operation of law in the regional board of school trustees, | ||||||
26 | which shall hold
legal title to, manage and operate all common |
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1 | school lands and township
loanable funds of the township, | ||||||
2 | receive the rents, issues and profits
therefrom, and have and | ||||||
3 | exercise with respect thereto the same powers and
duties as are | ||||||
4 | provided by this Code to be exercised by regional boards of
| ||||||
5 | school trustees when acting as township land commissioners in | ||||||
6 | counties
having at least 220,000 but fewer than 2,000,000 | ||||||
7 | inhabitants; (iii) the
regional board of school trustees shall | ||||||
8 | select to serve as its treasurer
with respect to the common | ||||||
9 | school lands and township loanable funds of the
township a | ||||||
10 | person from time to time also serving as the appointed school
| ||||||
11 | treasurer of any school district that was subject to the | ||||||
12 | jurisdiction and
authority of the township treasurer and | ||||||
13 | trustees of schools of that
township at the time those offices | ||||||
14 | were abolished, and the person selected
to also serve as | ||||||
15 | treasurer of the regional board of school trustees shall
have | ||||||
16 | his compensation for services in that capacity fixed by the | ||||||
17 | regional
board of school trustees, to be paid from the township | ||||||
18 | loanable funds, and
shall make to the regional board of school | ||||||
19 | trustees the reports required to be
made by treasurers of | ||||||
20 | township land commissioners, give bond as required by
| ||||||
21 | treasurers of township land commissioners, and perform the | ||||||
22 | duties and
exercise the powers of treasurers of township land | ||||||
23 | commissioners; (iv) the
regional board of school trustees shall | ||||||
24 | designate in the manner provided by
Section 8-7, insofar as | ||||||
25 | applicable, a depositary for its treasurer, and the
proceeds of | ||||||
26 | all rents, issues and profits from the common school lands and
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1 | township loanable funds of that township shall be deposited and | ||||||
2 | held in the
account maintained for those purposes with that | ||||||
3 | depositary and shall be
expended and distributed therefrom as | ||||||
4 | provided in Section 15-24 and other
applicable provisions of | ||||||
5 | this Code; and (v) whenever there is vested in the
trustees of | ||||||
6 | schools of a township at the time that office is abolished
| ||||||
7 | under this subsection the legal title to any school buildings | ||||||
8 | or school
sites used or occupied for school purposes by any | ||||||
9 | elementary school, high
school or unit school district subject | ||||||
10 | to the jurisdiction and authority of
those trustees of school | ||||||
11 | at the time that office is abolished, the legal
title to those | ||||||
12 | school buildings and school sites shall be deemed
transferred | ||||||
13 | by operation of law to and invested in the
school board of that | ||||||
14 | school district, in its corporate
capacity under Section | ||||||
15 | 10-22.35B of this Code 7-28 , the
same to be held, sold, | ||||||
16 | exchanged leased or otherwise transferred in
accordance with | ||||||
17 | applicable provisions of this Code.
| ||||||
18 | Notwithstanding Section 2-3.25g of this Code, a waiver of a | ||||||
19 | mandate
established under this Section may not be requested.
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20 | (Source: P.A. 94-1078, eff. 1-9-07; 94-1105, eff. 6-1-07; 95-4, | ||||||
21 | eff. 5-31-07; 95-876, eff. 8-21-08.) | ||||||
22 | (105 ILCS 5/7-01a new) | ||||||
23 | Sec. 7-01a. Purpose and applicability. The purpose of this | ||||||
24 | Article is to permit greater flexibility and efficiency in the | ||||||
25 | detachment and dissolution of school districts for the |
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1 | improvement of the administration and quality of educational | ||||||
2 | services and for the best interests of pupils. This Article | ||||||
3 | applies only to school districts with under 500,000 | ||||||
4 | inhabitants, but includes special charter districts (except | ||||||
5 | those districts organized under Article 34 of this Code) and | ||||||
6 | non-high school districts. | ||||||
7 | (105 ILCS 5/7-01b new) | ||||||
8 | Sec. 7-01b. Definition. In this Article, "legal resident | ||||||
9 | voter" means a person who is registered to vote at the time a | ||||||
10 | circulated petition is filed and when the regional board of | ||||||
11 | school trustees renders a decision, at the address shown | ||||||
12 | opposite his or her signature on the petition, and resides in | ||||||
13 | the detaching territory or dissolving school district.
| ||||||
14 | (105 ILCS 5/7-04) (from Ch. 122, par. 7-04)
| ||||||
15 | Sec. 7-04.
Districts in educational service regions of | ||||||
16 | 2,000,000 or more
inhabitants.
| ||||||
17 | (a) In all proceedings under this Article to change by | ||||||
18 | detachment,
annexation, division, dissolution, or any | ||||||
19 | combination of those methods the
boundaries of any school | ||||||
20 | district (other than a school district organized
under Article | ||||||
21 | 34) located in an educational service region of 2,000,000 or
| ||||||
22 | more inhabitants in which the regional board of school trustees | ||||||
23 | is
abolished as provided in subsection (a) of Section 6-2, the | ||||||
24 | trustees of
schools of the township that has jurisdiction and |
| |||||||
| |||||||
1 | authority over the detaching or dissolving in which that school | ||||||
2 | district is located , as the
successor under subsection (b) of | ||||||
3 | Section 6-2 to the former regional board
of school trustees | ||||||
4 | with respect to all territory located in that school
township, | ||||||
5 | shall have, exercise, and perform all powers, duties, and
| ||||||
6 | responsibilities required under this Article to be exercised | ||||||
7 | and performed
in those proceedings by a regional board of | ||||||
8 | school trustees; provided that
if any detaching or dissolving | ||||||
9 | school district involved in affected by those proceedings is | ||||||
10 | not under the jurisdiction and authority of the trustees of | ||||||
11 | schools of a township located in
a school township referred to | ||||||
12 | in subsection (b) of Section 5-1 and there
are no trustees of | ||||||
13 | schools acting in that township then the school board
of any | ||||||
14 | such district, as the successor under subsection (b) of Section | ||||||
15 | 6-2
to the former regional board of school trustees with | ||||||
16 | respect to the
territory comprising that school district , a | ||||||
17 | hearing panel as established in this Section shall have, | ||||||
18 | exercise, and
perform all powers, duties, and responsibilities | ||||||
19 | required under this
Article to be exercised and performed in | ||||||
20 | those proceedings with respect to the detaching or dissolving
| ||||||
21 | the territory of that school district by a regional board of | ||||||
22 | school
trustees . ; and provided further that: (i) when any | ||||||
23 | school district affected
by those proceedings is located not | ||||||
24 | only in an educational service region
of 2,000,000 or more | ||||||
25 | inhabitants but also in 2 or more school townships in
that | ||||||
26 | region that each have trustees of schools of the township, then |
| |||||||
| |||||||
1 | the
boundaries of that school district may be changed under | ||||||
2 | this Article by
detachment, annexation, division, dissolution, | ||||||
3 | or any combination of those
methods only by the concurrent | ||||||
4 | action of, taken following a joint hearing
before the trustees | ||||||
5 | of schools of those townships (in that educational
service | ||||||
6 | region) in which that school district is located; and (ii) if | ||||||
7 | any
part of the school district referred to in item (i) of this | ||||||
8 | subsection
also lies within an educational service region that | ||||||
9 | has a regional board of
school trustees, the boundaries of that | ||||||
10 | district may be changed under this
Article only by the | ||||||
11 | concurrent action of, taken following a joint hearing
before | ||||||
12 | the trustees of schools of the townships referred to in item | ||||||
13 | (i) of
this subsection and the regional board of school | ||||||
14 | trustees of the educational
service region referred to in this | ||||||
15 | item (ii) of this subsection. Whenever
concurrent action and | ||||||
16 | joint hearings are required under this subsection,
the original | ||||||
17 | petition shall be filed with the trustees of schools of the
| ||||||
18 | township in which the territory or greatest portion of the | ||||||
19 | territory being
detached is located, or if the territory is | ||||||
20 | being detached from more than
one educational service region | ||||||
21 | then with the regional board of school
trustees of the region | ||||||
22 | or the trustees of schools of the township in which
the | ||||||
23 | territory or greatest portion of the territory being detached | ||||||
24 | is located.
| ||||||
25 | (a-5) As applicable, the hearing panel shall be made up of | ||||||
26 | 3 persons who have a demonstrated interest and background in |
| |||||||
| |||||||
1 | education. Each hearing panel member must reside within an | ||||||
2 | educational service region of 2,000,000 or more inhabitants but | ||||||
3 | not within the boundaries of a school district organized under | ||||||
4 | Article 34 of this Code and may not be a current school board | ||||||
5 | member of the detaching or dissolving or annexing school | ||||||
6 | district or a current employee of the detaching or dissolving | ||||||
7 | or annexing school district or hold any county office. None of | ||||||
8 | the hearing panel members may reside within the same school | ||||||
9 | district. All 3 persons must be selected by the chief | ||||||
10 | administrative officer of the educational service center in | ||||||
11 | which the chief administrative officer has supervision and | ||||||
12 | control, as defined in Section 3-14.2 of this Code, of the | ||||||
13 | detaching or dissolving school district. The members of a | ||||||
14 | hearing panel as established in this Section shall serve | ||||||
15 | without remuneration; however, the necessary expenses, | ||||||
16 | including travel, attendant upon any meeting or hearing in | ||||||
17 | relation to a proceeding under this Article must be paid. | ||||||
18 | (a-10) The petition must be filed with the trustees of | ||||||
19 | schools of the township with jurisdiction and authority over | ||||||
20 | the detaching or dissolving school district or with the chief | ||||||
21 | administrative officer of the educational service center in | ||||||
22 | which the chief administrative officer has supervision and | ||||||
23 | control, as defined in Section 3-14.2 of this Code, of the | ||||||
24 | detaching or dissolving school district, as applicable. The | ||||||
25 | chief administrative officer of the educational service center | ||||||
26 | or a person designated by the trustees of schools of the |
| |||||||
| |||||||
1 | township, as applicable, shall have, exercise, and perform all | ||||||
2 | powers, duties, and responsibilities required under this | ||||||
3 | Article that are otherwise assigned to regional | ||||||
4 | superintendents of schools. | ||||||
5 | (b) Except as otherwise provided in this Section, all other | ||||||
6 | provisions
of this Article shall apply to any proceedings under | ||||||
7 | this Article to change
the boundaries of any school district | ||||||
8 | located in an educational service
region having 2,000,000 or | ||||||
9 | more inhabitants in the same manner that those
provisions apply | ||||||
10 | to any proceedings to change the boundaries of any school
| ||||||
11 | district located in any other educational service region; | ||||||
12 | provided, that any
reference in those other provisions to the | ||||||
13 | regional board of school trustees
shall mean, with respect to | ||||||
14 | all territory within an educational service region
containing | ||||||
15 | 2,000,000 or more inhabitants that formerly was served by a | ||||||
16 | regional
board of school trustees abolished under subsection | ||||||
17 | (a) of Section 6-2, the
trustees of schools of the township or | ||||||
18 | the school board of the school district
that is the successor | ||||||
19 | under subsection (b) of Section 6-2 to the former
regional | ||||||
20 | board of school trustees with respect to the territory included | ||||||
21 | within
that school township or school district or the hearing | ||||||
22 | panel as established by this Section .
| ||||||
23 | (Source: P.A. 87-969.)
| ||||||
24 | (105 ILCS 5/7-1) (from Ch. 122, par. 7-1)
| ||||||
25 | Sec. 7-1. Changing Districts in one educational service |
| |||||||
| |||||||
1 | region - changing boundaries by detachment or dissolution .
| ||||||
2 | (a) School district boundaries lying entirely within any | ||||||
3 | educational
service
region may be changed by detachment, | ||||||
4 | annexation, division or dissolution
or any combination thereof | ||||||
5 | by the regional board of school trustees of such
region, or by | ||||||
6 | the State Superintendent of Education as provided in
subsection | ||||||
7 | (l) of Section 7-6 , when petitioned by the boards of each
| ||||||
8 | district affected or by a majority of the registered voters in | ||||||
9 | each
district affected or by two-thirds of the registered | ||||||
10 | voters in any
territory proposed to be detached from one or | ||||||
11 | more districts or in each of
one or more districts proposed to | ||||||
12 | be annexed to another district . | ||||||
13 | The petition must be filed with and decided solely by the | ||||||
14 | regional board of school trustees of the region in which the | ||||||
15 | regional superintendent of schools has supervision and | ||||||
16 | control, as defined in Section 3-14.2 of this Code, of the | ||||||
17 | detaching or dissolving school district. The petition may be | ||||||
18 | filed in any office operated by the regional superintendent | ||||||
19 | with supervision and control, as defined in Section 3-14.2 of | ||||||
20 | this Code, of the detaching or dissolving school district. | ||||||
21 | A petition for boundary change must be filed by the school | ||||||
22 | board of the detaching or dissolving district, by a majority of | ||||||
23 | the legal resident voters in the dissolving district, or by | ||||||
24 | two-thirds of a combination of the legal resident voters and | ||||||
25 | the owners of record of any real estate with no legal resident | ||||||
26 | voters in any territory proposed to be detached. If any of the |
| |||||||
| |||||||
1 | territory proposed to be detached contains real estate with no | ||||||
2 | legal resident voters, petitioners shall deliver the petition | ||||||
3 | by certified mail, return receipt requested, to all owners of | ||||||
4 | record of any real estate with no legal resident voters. Proof | ||||||
5 | of such delivery must be presented as evidence at the hearing | ||||||
6 | required under Section 7-6 of this Code. Any owner of record of | ||||||
7 | real estate with no legal resident voters in any territory | ||||||
8 | proposed to be detached may either sign the petition in person | ||||||
9 | and before the circulator as described in this Section or | ||||||
10 | return the petition with his or her notarized signature to be | ||||||
11 | included as a petitioner. No person may sign a petition in the | ||||||
12 | capacity of both a legal resident voter and owner of record. If | ||||||
13 | there are no legal resident voters within the territory | ||||||
14 | proposed to be detached, then the petition must be signed by | ||||||
15 | all of the owners of record of the real estate of the | ||||||
16 | territory. Legal resident
Registered voters shall be | ||||||
17 | determined by the official voter registration
lists as of the | ||||||
18 | date the petition is filed. No signatures shall be added or | ||||||
19 | withdrawn
after the date the petition is filed. The length of | ||||||
20 | time for signatures to be valid, before filing of the petition, | ||||||
21 | shall not exceed 6 months. Notwithstanding any provision to the | ||||||
22 | contrary contained in the Election Code, the regional | ||||||
23 | superintendent of schools shall make all determinations | ||||||
24 | regarding the validity of the petition, including, without | ||||||
25 | limitation, signatures on the petition. If the regional | ||||||
26 | superintendent determines that the petition is not in proper |
| |||||||
| |||||||
1 | order or not in compliance with any applicable petition | ||||||
2 | requirements, the regional superintendent may not accept the | ||||||
3 | petition for filing and may return the petition to the | ||||||
4 | petitioners. Any party who is dissatisfied with the | ||||||
5 | determination of the regional superintendent regarding the | ||||||
6 | validity of the petition may appeal the regional | ||||||
7 | superintendent's decision to the regional board of school | ||||||
8 | trustees by motion, and the motion must be heard by the | ||||||
9 | regional board of school trustees prior to any hearing on the | ||||||
10 | merits of the petition. If there are no registered voters
| ||||||
11 | within the territory proposed to be detached from one or more | ||||||
12 | districts,
then the petition may be signed by all of the owners | ||||||
13 | of record of the real
estate of the territory. Notwithstanding | ||||||
14 | any other provisions of this
Article, if pursuant to a petition | ||||||
15 | filed under this subsection all of the
territory of
a school | ||||||
16 | district is to be annexed to another school district, any
| ||||||
17 | action by the regional board of school trustees or State
| ||||||
18 | Superintendent of Education in granting or approving the | ||||||
19 | petition and any
change in school district boundaries pursuant | ||||||
20 | to that action is subject to and
the change in school district | ||||||
21 | boundaries shall not be made except upon approval
at a regular | ||||||
22 | scheduled election, in the manner provided by Section 7-7.7, of | ||||||
23 | a
proposition for the annexation of all of the territory of | ||||||
24 | that school district
to the other school district.
| ||||||
25 | Petitions for detachment and dissolution Each page of the | ||||||
26 | circulated petition shall include the full prayer of the
|
| |||||||
| |||||||
1 | petition with a general description of the territory at the top | ||||||
2 | of each page. Each , and each signature contained therein shall | ||||||
3 | match the official
signature and address of the legal resident | ||||||
4 | registered voters as recorded in the office
of the county clerk | ||||||
5 | or board of election commissioners, and each election authority | ||||||
6 | having jurisdiction over the county. Each petitioner
shall also | ||||||
7 | record the date of his or her signing. Except in instances of a | ||||||
8 | notarized signature of an owner of record of real estate with | ||||||
9 | no legal resident voters in any territory proposed to be | ||||||
10 | detached, each Each page of the circulated petition shall
be | ||||||
11 | signed by a circulator stating that he or she has who has | ||||||
12 | witnessed the signature of each
petitioner on that page. | ||||||
13 | Detachment petitions containing 10 or fewer signatures may be | ||||||
14 | notarized in lieu of a circulator statement. Each petition | ||||||
15 | shall include an accurate legal description and map of the | ||||||
16 | territory proposed to be detached. If a petition proposes to | ||||||
17 | dissolve an entire district, then the full name and number of | ||||||
18 | the district and a map are sufficient. Each petition shall | ||||||
19 | include the names of petitioners; the district to be dissolved | ||||||
20 | or the district from which the territory is proposed to be | ||||||
21 | detached; the district or districts to which the territory is | ||||||
22 | proposed to be annexed; evidence that the detaching or | ||||||
23 | dissolving territory is compact and contiguous with the | ||||||
24 | annexing district or districts or otherwise meets the | ||||||
25 | requirements set forth in Section 7-4 of this Code; the | ||||||
26 | referendum date, if applicable; and facts that support |
| |||||||
| |||||||
1 | favorable findings for the factors to be considered by the | ||||||
2 | regional board of school trustees pursuant to Section 7-6 of | ||||||
3 | this Code. The length of time for signatures to be valid,
| ||||||
4 | before filing of the petition, shall not exceed 6 months.
| ||||||
5 | Where there is only one school building in an approved | ||||||
6 | operating
district, the building and building site may not be | ||||||
7 | included in any
detachment proceeding unless petitioned by | ||||||
8 | two-thirds of the registered
voters within the entire district | ||||||
9 | wherein the school is located .
| ||||||
10 | Notwithstanding any other provisions of this Code, if, | ||||||
11 | pursuant to a petition filed under this subsection (a), all of | ||||||
12 | the territory of a school district is to be annexed to another | ||||||
13 | school district, then any action by the regional board of | ||||||
14 | school trustees in granting or approving the petition and any | ||||||
15 | change in school district boundaries pursuant to that action is | ||||||
16 | subject to and the change in school district boundaries may not | ||||||
17 | be made except upon approval, at a regular scheduled election, | ||||||
18 | in the manner provided by Section 7-7.7 of this Code, of a | ||||||
19 | proposition for the annexation of all of the territory of that | ||||||
20 | school district to the other school district. | ||||||
21 | No petition may be filed under this Section to form a new | ||||||
22 | school district under this Article; however, such a petition | ||||||
23 | may be filed under this Section to form a new school district | ||||||
24 | if the boundaries of such new school district lie entirely | ||||||
25 | within the boundaries of a military base or installation | ||||||
26 | operated and maintained by the government of the United States. |
| |||||||
| |||||||
1 | (b) Any elementary or high school district with 100 or more | ||||||
2 | of its
students residing upon territory located entirely within | ||||||
3 | a military base or
installation operated and maintained by the | ||||||
4 | government of the United States, or
any unit school district or | ||||||
5 | any combination of the above mentioned
districts with 300 or | ||||||
6 | more of its students residing upon territory located
entirely | ||||||
7 | within a military base or installation operated and maintained | ||||||
8 | by
the government of the United States, shall, upon the filing | ||||||
9 | with the
regional board of school trustees of a petition | ||||||
10 | adopted by resolution of
the board of education or a petition | ||||||
11 | signed by a majority of the registered
voters residing upon | ||||||
12 | such military base or installation, have all of the
territory | ||||||
13 | lying entirely within such military base or installation | ||||||
14 | detached
from such school district, and a new school district | ||||||
15 | comprised of such
territory shall be created. The petition | ||||||
16 | shall be filed with and decided
solely by the regional board of | ||||||
17 | school trustees of the region in which the
regional | ||||||
18 | superintendent of schools has supervision and control, as | ||||||
19 | defined by Section 3-14.2 of this Code, of the school district
| ||||||
20 | affected. The regional board of school trustees shall have no | ||||||
21 | authority to
deny the detachment and creation of a new school | ||||||
22 | district requested in a
proper petition filed under this | ||||||
23 | subsection. This subsection shall apply
only to those school | ||||||
24 | districts having a population of not fewer than
1,000 and not | ||||||
25 | more than 500,000 residents, as
ascertained by any special or | ||||||
26 | general census.
|
| |||||||
| |||||||
1 | The new school district shall tuition its students to the | ||||||
2 | same
districts that its students were previously attending and | ||||||
3 | the districts
from which the new district was detached shall | ||||||
4 | continue to educate the
students from the new district, until | ||||||
5 | the federal government provides other
arrangements. The | ||||||
6 | federal government shall pay for the education of such
children | ||||||
7 | as required by Section 6 of Public Law 81-874.
| ||||||
8 | If a school district created under this subsection (b) has | ||||||
9 | not elected a
school board
and has not become operational | ||||||
10 | within 2 years after the date of detachment,
then this
district | ||||||
11 | is automatically dissolved and the territory of this district | ||||||
12 | reverts
to the school
district from which the territory was | ||||||
13 | detached or any successor district
thereto. Any school district | ||||||
14 | created
under this
subsection (b) on or before September 1, | ||||||
15 | 1996 that has not elected a school
board and has
not been | ||||||
16 | operational since September 1, 1996 is automatically dissolved | ||||||
17 | on the
effective
date of this amendatory Act of 1999, and on | ||||||
18 | this date the territory of this
district reverts
to the school | ||||||
19 | district from which the territory was detached. For the
| ||||||
20 | automatic dissolution of a school district created under this | ||||||
21 | subsection (b),
the
regional superintendent of schools
who has
| ||||||
22 | supervision and control, as defined by Section 3-14.2 of this | ||||||
23 | Code, of the school district from which the territory was | ||||||
24 | detached shall
certify to
the regional board of school trustees | ||||||
25 | that the school district created under
this subsection
(b) has | ||||||
26 | been automatically dissolved.
|
| |||||||
| |||||||
1 | (Source: P.A. 90-459, eff. 8-17-97; 91-460, eff. 8-6-99.)
| ||||||
2 | (105 ILCS 5/7-2a) (from Ch. 122, par. 7-2a)
| ||||||
3 | Sec. 7-2a.
(a) (Blank). Except as provided in subsection | ||||||
4 | (b) of this
Section, any petition for dissolution filed under | ||||||
5 | this Article must
specify the school district or districts to | ||||||
6 | which all of the territory
of the district proposed to be | ||||||
7 | dissolved
will be annexed. Any petition for dissolution may be | ||||||
8 | made by the board of
education of the district or a majority of | ||||||
9 | the legal voters residing in
the district proposed to be | ||||||
10 | dissolved. No petition from any other
district affected by the | ||||||
11 | proposed dissolution shall be required.
| ||||||
12 | (b) Any school district with a population of less than | ||||||
13 | 5,000 residents or an enrollment of less than 750 students, as | ||||||
14 | determined by the district's most recent fall enrollment counts | ||||||
15 | as posted on the State Board of Education's website current | ||||||
16 | fall housing report filed with the State Board of Education ,
| ||||||
17 | shall be dissolved and its territory annexed as provided in | ||||||
18 | Section 7-11 of this Code by
the regional board of school | ||||||
19 | trustees upon the filing with the regional
board of school | ||||||
20 | trustees of a petition adopted by resolution of the board of
| ||||||
21 | education or a petition signed by a majority of the legal | ||||||
22 | resident registered voters of
the district seeking such | ||||||
23 | dissolution. No petition shall be adopted or
signed under this | ||||||
24 | subsection until the board of education or the
petitioners, as | ||||||
25 | the case may be, shall have given at least 10 days' notice
to |
| |||||||
| |||||||
1 | be published once in a newspaper having general circulation in | ||||||
2 | the
district and shall have conducted a public informational | ||||||
3 | meeting to inform
the residents of the district of the proposed | ||||||
4 | dissolution and to answer
questions concerning the proposed | ||||||
5 | dissolution. The petition shall be filed with
and decided | ||||||
6 | solely by the regional board of school trustees of the region
| ||||||
7 | in which the regional superintendent of schools has supervision | ||||||
8 | and control, as defined by Section 3-14.2 of this Code, of the
| ||||||
9 | school district being dissolved. | ||||||
10 | The regional board of school trustees
shall not act on a | ||||||
11 | petition filed by a board of education if within 45 days
after | ||||||
12 | giving the first notice of the hearing required under Section | ||||||
13 | 7-11 of this Code a petition
in opposition to the petition of | ||||||
14 | the board to dissolve, signed by a
majority of the legal | ||||||
15 | resident registered voters of the district, is filed with the
| ||||||
16 | regional board of school trustees. In such an event, the | ||||||
17 | dissolution petition is dismissed on procedural grounds by | ||||||
18 | operation of law and the regional board of school trustees | ||||||
19 | shall have no further authority to consider the petition. A | ||||||
20 | dissolution petition dismissed as the result of a valid | ||||||
21 | opposition petition is not subject to the limitation on | ||||||
22 | successive petitions as provided in Section 7-8 of this Code, | ||||||
23 | and a new petition may be filed upon receipt of the regional | ||||||
24 | board of school trustees' notice stating that the original | ||||||
25 | petition was dismissed by operation of law. | ||||||
26 | For all petitions under this Section, the legal resident |
| |||||||
| |||||||
1 | voters must be determined by the official voter registration | ||||||
2 | lists as of the date the petition is filed. No signatures may | ||||||
3 | be added or withdrawn after the date the petition is filed. The | ||||||
4 | length of time for signatures to be valid, before filing of the | ||||||
5 | petition, may not exceed 6 months. Notwithstanding any | ||||||
6 | provision to the contrary contained in the Election Code, the | ||||||
7 | regional superintendent of schools shall make all | ||||||
8 | determinations regarding the validity of the petition, | ||||||
9 | including, without limitation, signatures on the petition. Any | ||||||
10 | party who is dissatisfied with the determination of the | ||||||
11 | regional superintendent regarding the validity of the petition | ||||||
12 | may appeal the regional superintendent's decision to the | ||||||
13 | regional board of school trustees by motion, and the motion | ||||||
14 | must be heard by the regional board of school trustees prior to | ||||||
15 | any hearing on annexing the territory of a district being | ||||||
16 | dissolved.
If no opposition petition is timely filed, the The | ||||||
17 | regional board of school trustees
shall have no authority to | ||||||
18 | deny dissolution requested in a proper petition
for dissolution | ||||||
19 | filed under this Section subsection (b) , but shall exercise its
| ||||||
20 | discretion in accordance with Section 7-11 of this Code on the | ||||||
21 | issue of annexing the
territory of a district being dissolved, | ||||||
22 | giving consideration to but not
being bound by the wishes | ||||||
23 | expressed by the residents of
the various school districts that | ||||||
24 | may be affected by such annexation.
| ||||||
25 | When dissolution and annexation become effective for | ||||||
26 | purposes of
administration and attendance as determined |
| |||||||
| |||||||
1 | pursuant to Section 7-11,
the positions of teachers
in | ||||||
2 | contractual continued service in the district being dissolved | ||||||
3 | are
transferred to an
annexing district or to annexing | ||||||
4 | districts pursuant to the provisions of subsection (h) of | ||||||
5 | Section 24-11 of this Code
relative to teachers having | ||||||
6 | contractual continued service
status whose positions are | ||||||
7 | transferred from one board to the control of a
different board, | ||||||
8 | and those said provisions of subsection (h) of Section 24-11 of | ||||||
9 | this Code shall apply to
said transferred teachers. In the | ||||||
10 | event that the territory is added to 2
or more districts, the | ||||||
11 | decision on which positions shall be transferred to
which | ||||||
12 | annexing districts shall be made giving consideration to the
| ||||||
13 | proportionate percent of pupils transferred and the annexing | ||||||
14 | districts'
staffing needs, and the transfer of specific | ||||||
15 | individuals into such positions
shall be based upon the request | ||||||
16 | of those teachers in order of seniority in
the dissolving | ||||||
17 | district. The contractual continued service status of any
| ||||||
18 | teacher thereby transferred to an annexing district is not lost | ||||||
19 | and the
different board is subject to this Act with respect to | ||||||
20 | such transferred
teacher in the same manner as if such teacher | ||||||
21 | was that district's employee
and had been its employee during | ||||||
22 | the time such teacher was actually
employed by the board of the | ||||||
23 | dissolving district from which the position
was transferred.
| ||||||
24 | (Source: P.A. 98-125, eff. 8-2-13; 99-657, eff. 7-28-16.)
| ||||||
25 | (105 ILCS 5/7-2.4) (from Ch. 122, par. 7-2.4)
|
| |||||||
| |||||||
1 | Sec. 7-2.4.
A petition for detachment of territory from a | ||||||
2 | special charter district with annexation to another school | ||||||
3 | district, for detachment of territory from a school district | ||||||
4 | with annexation to a special charter district, or for | ||||||
5 | dissolution of a school district with annexation to a special | ||||||
6 | charter district for annexation to or detachment of territory | ||||||
7 | from a
special charter school district must be filed with the | ||||||
8 | governing body of
the special charter district , and a certified | ||||||
9 | copy thereof must be sent to
each other detaching, dissolving, | ||||||
10 | or annexing school district affected and to the regional county | ||||||
11 | board of school trustees of the region
county in which the | ||||||
12 | regional county superintendent has supervision and control, as | ||||||
13 | defined in Section 3-14.2 of this Code, of the detaching or | ||||||
14 | dissolving district
from which the petition seeks to have | ||||||
15 | territory detached, or if territory
is being detached from more | ||||||
16 | than one county, to the county board of school
trustees of the | ||||||
17 | county in which the county superintendent has supervision
over | ||||||
18 | the greatest portion of such territory . A petition request for | ||||||
19 | such annexation
or detachment of territory must be filed by the | ||||||
20 | school board of the detaching or dissolving district, by a | ||||||
21 | majority of the legal resident voters in the dissolving | ||||||
22 | district, or by two-thirds of a combination of the legal | ||||||
23 | resident voters and the owners of record of any real estate | ||||||
24 | with no legal resident voters in any territory proposed to be | ||||||
25 | may be initiated by any district affected by
such proposed | ||||||
26 | annexation or detachment of territory by a petition signed by
|
| |||||||
| |||||||
1 | the board of education and by 25% or 1,000 of the legal voters | ||||||
2 | of the
district, whichever is less, or by 50% of the legal | ||||||
3 | voters residing in any
territory requesting to be annexed or | ||||||
4 | detached. If any of the territory proposed to be detached | ||||||
5 | contains real estate with no legal resident voters, petitioners | ||||||
6 | shall deliver the petition by certified mail, return receipt | ||||||
7 | requested, to all owners of record of any real estate with no | ||||||
8 | legal resident voters. Proof of the delivery must be presented | ||||||
9 | as evidence at any hearing required by Section 7-2.6 of this | ||||||
10 | Code. Any owner of record of real estate with no legal resident | ||||||
11 | voters in any territory proposed to be detached may either sign | ||||||
12 | the petition in person and before the circulator as described | ||||||
13 | in Section 7-1 of this Code or return the petition with his or | ||||||
14 | her notarized signature to be included as a petitioner. No | ||||||
15 | person may sign a petition in the capacity of both a legal | ||||||
16 | resident voter and owner of record. If there are no legal | ||||||
17 | resident
voters residing within the territory proposed to be | ||||||
18 | detached or annexed ,
then the petition must may be signed by | ||||||
19 | all 50% of the owners of record of the real
estate of the | ||||||
20 | territory. Petitions must contain all of the elements set forth | ||||||
21 | in subsection (a) of Section 7-1 of this Code.
| ||||||
22 | Where there is only one school building in an approved | ||||||
23 | operating school
district, the building and building site may | ||||||
24 | not be included in any
detachment proceeding unless the | ||||||
25 | petition is signed by 2/3 of the eligible
voters within the | ||||||
26 | entire district wherein the school is located .
|
| |||||||
| |||||||
1 | (Source: Laws 1967, p. 2540.)
| ||||||
2 | (105 ILCS 5/7-2.5) (from Ch. 122, par. 7-2.5)
| ||||||
3 | Sec. 7-2.5.
If no objection to the dissolution annexation | ||||||
4 | or detachment of
territory , prayed for in a petition under | ||||||
5 | Section 7-2.4 of this Code , is filed with
the special charter | ||||||
6 | school district or with the regional board of school
trustees | ||||||
7 | within 30 days after notice of the filing of such petition for
| ||||||
8 | annexation or detachment is given to each district affected , | ||||||
9 | the dissolution
annexation or detachment of territory takes | ||||||
10 | effect, subject to Section
7-9 of this Code Act . However, if an | ||||||
11 | objection to the proposed dissolution annexation or
detachment | ||||||
12 | of territory is filed with either the special charter
district | ||||||
13 | or the regional board of school trustees, the regional board of
| ||||||
14 | school trustees, within 15 days after receiving the objection, | ||||||
15 | shall
appoint 2 legal resident voters from the district or | ||||||
16 | districts under its their
jurisdiction and involved in the | ||||||
17 | proposed dissolution annexation or detachment of
territory, | ||||||
18 | subject to the approval of the boards of education of the
| ||||||
19 | districts involved in the proposed dissolution or detachment of | ||||||
20 | territory affected , and the board or governing body of the | ||||||
21 | special
charter district shall appoint 2 legal resident voters | ||||||
22 | from the special charter
district. Those 4 appointees shall | ||||||
23 | meet within 20 days of their
appointment and by a majority vote | ||||||
24 | select 3 persons who reside outside
the jurisdiction of the | ||||||
25 | districts involved in affected by the proposed dissolution |
| |||||||
| |||||||
1 | annexation or
detachment of territory and who have a | ||||||
2 | demonstrated interest and
background in education. If a | ||||||
3 | majority of the original 4 appointees
cannot agree on the | ||||||
4 | selection of the 3 additional members within 20 days
of their | ||||||
5 | appointment, the State Board of Education shall
select the 3 | ||||||
6 | additional persons, subject to the same criteria as
required | ||||||
7 | when selection is by the 4 appointees. The 4 appointees and the
| ||||||
8 | 3 additional persons selected under this Section constitute the | ||||||
9 | Hearing
Board and 4 members shall constitute a quorum.
| ||||||
10 | Within 10 days after the Hearing Board has been selected | ||||||
11 | the regional
superintendent of schools of the region in which | ||||||
12 | the special charter
district is located shall call an | ||||||
13 | organization meeting of said Hearing
Board.
| ||||||
14 | (Source: P.A. 81-1508.)
| ||||||
15 | (105 ILCS 5/7-2.6) (from Ch. 122, par. 7-2.6)
| ||||||
16 | Sec. 7-2.6.
At its organization meeting, the Hearing Board | ||||||
17 | shall
choose from its membership a chairman and a secretary. | ||||||
18 | The secretary
shall cause a copy of such petition to be sent to | ||||||
19 | the president of the school each board of each detaching or | ||||||
20 | dissolving and annexing school district any
district involved | ||||||
21 | in the proposed boundary change, and shall cause a
notice | ||||||
22 | thereof to be published once in a newspaper having general
| ||||||
23 | circulation within the area of the detaching or dissolving and | ||||||
24 | annexing territory described in the petition
for the proposed | ||||||
25 | change of boundaries . The petitioners shall pay the
expenses of |
| |||||||
| |||||||
1 | publishing the notice and of any transcript taken at the
| ||||||
2 | hearing and mailing the final order . In case of an appeal from | ||||||
3 | the decision of the Hearing Board,
the appellants shall pay the | ||||||
4 | cost of preparing the record for appeal.
The notice must state | ||||||
5 | when the petition was filed, the description of
the detaching | ||||||
6 | territory or name of the dissolving district, the name of the | ||||||
7 | annexing district , the prayer of the petition, and the day and | ||||||
8 | time on and location in which the
hearing upon the petition | ||||||
9 | will be held, which day may not be more than 30
15 nor less than | ||||||
10 | 15 calendar 10 days after the publication of notice. Any | ||||||
11 | additional
expense not enumerated above shall be borne equally | ||||||
12 | by the school
districts involved.
| ||||||
13 | The Hearing Board shall hear the petition and determine the
| ||||||
14 | sufficiency thereof and may adjourn the hearing from time to | ||||||
15 | time or
continue the matter for want of sufficient notice or | ||||||
16 | for other good
cause. The Hearing Board (a) shall hear evidence | ||||||
17 | as to the school needs
and conditions of the territory in the | ||||||
18 | area within and adjacent thereto,
and as to the ability of the | ||||||
19 | districts affected to meet the standards of
recognition as | ||||||
20 | prescribed by the State Board of Education,
(b) shall take into | ||||||
21 | consideration the division of funds and assets which
will | ||||||
22 | result from any change of boundaries, and the will of the | ||||||
23 | people of
the area affected, and (c) shall determine whether it | ||||||
24 | is to the best
interests of the schools of the area and the | ||||||
25 | educational welfare of the
pupils should such change in | ||||||
26 | boundaries be granted.
|
| |||||||
| |||||||
1 | The Hearing Board may administer oaths, determine the | ||||||
2 | admissibility
of evidence , and issue subpoenas for the | ||||||
3 | attendance of witnesses and
subpoena duces tecum for the | ||||||
4 | production of documents. At the hearing , any
resident in the | ||||||
5 | territory prescribed in the petition, or any resident in
any | ||||||
6 | detaching, dissolving, or annexing school district or any | ||||||
7 | representative of a detaching, dissolving, or annexing school | ||||||
8 | district affected by the proposed change of boundaries, may | ||||||
9 | appear
in person or by attorney in support of the petition or | ||||||
10 | to object to the
granting of the petition and may present give | ||||||
11 | evidence in support of his or her
position through either oral | ||||||
12 | or written testimony . At the conclusion of the hearing, the | ||||||
13 | Hearing Board shall,
within 30 days, enter an order either | ||||||
14 | granting or denying the petition . The Hearing Board shall | ||||||
15 | deliver a certified copy of the order by certified mail, return | ||||||
16 | receipt requested ,
and shall deliver to the petitioners ; the | ||||||
17 | president of the school board of each detaching or dissolving | ||||||
18 | and annexing district;
any person providing testimony in | ||||||
19 | support of or opposition to the petition at the hearing; , to | ||||||
20 | all affected districts, to any
person who has filed his or her | ||||||
21 | appearance in writing at the hearing or to any
attorney who | ||||||
22 | appears for any person ; , to any objector who testified at
such | ||||||
23 | hearing, and to the regional superintendent of schools who has | ||||||
24 | supervision and control, as defined in Section 3-14.2 of this | ||||||
25 | Code, of each detaching or dissolving and annexing district of | ||||||
26 | each region
in which the territory or any district affected |
| |||||||
| |||||||
1 | lies, a certified copy
of its order by registered mail . The | ||||||
2 | Hearing Board is not required to send a copy of the Hearing | ||||||
3 | Board's order to those attending the hearing but not | ||||||
4 | participating. The final order shall be in writing and include | ||||||
5 | findings of fact, conclusions of law, and the decision to grant | ||||||
6 | or deny the petition.
| ||||||
7 | Within 10 days after service of the certified copy of the | ||||||
8 | order granting or denying the petition , any
person so served | ||||||
9 | may petition for rehearing and upon sufficient cause
being | ||||||
10 | shown, the Hearing Board may grant a rehearing . The petition | ||||||
11 | for rehearing shall specify the reason for the request. The | ||||||
12 | Hearing Board shall first determine whether there is sufficient | ||||||
13 | cause for a rehearing. If so determined, then the Hearing Board | ||||||
14 | shall allow the petition to be heard anew in its entirety in | ||||||
15 | accordance with all procedures in this Section. The party | ||||||
16 | requesting a rehearing shall pay the expenses of publishing the | ||||||
17 | notice and of any transcript taken at the hearing. The filing | ||||||
18 | of a
petition for rehearing operates as a stay of enforcement | ||||||
19 | until the Hearing Board board
enters its final order on that | ||||||
20 | petition for rehearing.
| ||||||
21 | (Source: P.A. 84-551.)
| ||||||
22 | (105 ILCS 5/7-2.7) (from Ch. 122, par. 7-2.7)
| ||||||
23 | Sec. 7-2.7.
The decision of the Hearing Board under Section | ||||||
24 | 7-2.6 is an
"administrative decision" as defined in Section | ||||||
25 | 3-101 of the Code of Civil
Procedure, and any resident , who |
| |||||||
| |||||||
1 | appears at the hearings, or any
petitioner , or board of | ||||||
2 | education entitled to receive a certified copy of the Hearing | ||||||
3 | Board's order of any district affected, may, within 35
days | ||||||
4 | after a copy of the decision sought to be reviewed was served | ||||||
5 | by certified mail, return receipt requested, upon the resident, | ||||||
6 | petitioner, or board of education,
registered mail upon the | ||||||
7 | party affected thereby , file a complaint for
a judicial review | ||||||
8 | of that decision in accordance with the Administrative Review | ||||||
9 | Law and the rules adopted pursuant thereto .
The commencement of | ||||||
10 | any action for judicial review operates as a stay of
| ||||||
11 | enforcement, and no further proceedings must not may be had | ||||||
12 | until final disposition
of such review. Any change in | ||||||
13 | boundaries resulting from the proceedings
under Sections 7-2.4 | ||||||
14 | through 7-2.7 takes effect on the date determined
pursuant to | ||||||
15 | Section 7-9 of this Code Act .
| ||||||
16 | (Source: P.A. 84-551.)
| ||||||
17 | (105 ILCS 5/7-4) (from Ch. 122, par. 7-4)
| ||||||
18 | Sec. 7-4. Requirements for granting petitions. No petition | ||||||
19 | shall be
granted under Section 7-1 or 7-2 of this Code:
| ||||||
20 | (a) If there will be any non-high school territory | ||||||
21 | resulting from
the granting of the petition.
| ||||||
22 | (b) (Blank). Unless after granting the petition any | ||||||
23 | community unit district,
community consolidated district, | ||||||
24 | elementary district or high school district
created shall have | ||||||
25 | a population of at least
2,000 and an equalized assessed |
| |||||||
| |||||||
1 | valuation of at least $6,000,000 based
upon the last value as | ||||||
2 | equalized by the Department of Revenue
as of the date of filing | ||||||
3 | of the petition.
| ||||||
4 | (c) Unless the territory within any district so created or | ||||||
5 | any
district whose boundaries are affected by the granting of a | ||||||
6 | petition
shall after the granting thereof be compact and | ||||||
7 | contiguous, except as
provided in Section 7-6 of this Code or | ||||||
8 | as otherwise provided in this subdivision (c). The fact that a | ||||||
9 | district is
divided by territory lying within the corporate | ||||||
10 | limits of the city of
Chicago shall not render it non-compact | ||||||
11 | or non-contiguous. If, pursuant to a petition filed under | ||||||
12 | Section 7-1 or 7-2 of this Code, all of the territory of a | ||||||
13 | district is to be annexed to another district, then the | ||||||
14 | annexing district and the annexed district need not be | ||||||
15 | contiguous if the following requirements are met and documented | ||||||
16 | within 2 calendar years prior to the petition filing date:
| ||||||
17 | (1) the distance between each district administrative | ||||||
18 | office is documented as no more than 30 miles; | ||||||
19 | (2) every district contiguous to the district wishing | ||||||
20 | to be annexed determines that it is not interested in | ||||||
21 | participating in a petition filed under Section 7-1 or 7-2 | ||||||
22 | of this Code, through a vote of its school board, and | ||||||
23 | documents that non-interest in a letter to the regional | ||||||
24 | board of school trustees containing approved minutes that | ||||||
25 | record the school board vote; and | ||||||
26 | (3) documentation of meeting these requirements are |
| |||||||
| |||||||
1 | presented as evidence at the hearing required under Section | ||||||
2 | 7-6 of this Code. | ||||||
3 | (d) (Blank). To create any school district with a | ||||||
4 | population of less than
2,000 unless the State Board of | ||||||
5 | Education and the regional
superintendent of schools for the | ||||||
6 | region in which the proposed district
will lie shall certify to | ||||||
7 | the regional board or boards of school trustees
that the | ||||||
8 | creation of such new district will not interfere with the
| ||||||
9 | ultimate reorganization of the territory of such proposed | ||||||
10 | district as a
part of a district having a population of 2,000 | ||||||
11 | or more.
Notwithstanding any other provisions of this Article, | ||||||
12 | the granting or
approval by a regional board or regional boards | ||||||
13 | of school trustees or by the
State Superintendent of Education | ||||||
14 | of a petition that under subsection (b-5) of
Section 7-6 is | ||||||
15 | required to request the submission of a proposition at a | ||||||
16 | regular
scheduled election for the purpose of voting for or | ||||||
17 | against the annexation of
the territory described in the | ||||||
18 | petition to the
school district proposing to annex that | ||||||
19 | territory is subject to, and any change
in school district | ||||||
20 | boundaries pursuant to the granting of the petition shall
not | ||||||
21 | be made except upon, approval of the proposition at the | ||||||
22 | election in the
manner provided by Section 7-7.7.
| ||||||
23 | (Source: P.A. 98-125, eff. 8-2-13.)
| ||||||
24 | (105 ILCS 5/7-4.1) (from Ch. 122, par. 7-4.1)
| ||||||
25 | Sec. 7-4.1. Copies of petition. Each petition submitted |
| |||||||
| |||||||
1 | under the provisions of Section 7-1 of this Code or 7-2
shall | ||||||
2 | include proof of notice to owners of record of real estate with | ||||||
3 | no legal resident voters in any territory proposed to be | ||||||
4 | detached, if applicable, and be accompanied by sufficient | ||||||
5 | copies thereof for distribution to the president of the school
| ||||||
6 | board of each detaching or dissolving and annexing school | ||||||
7 | district involved . The copies need not contain original | ||||||
8 | signatures be signed by
the petitioners as is required of the | ||||||
9 | original petition.
| ||||||
10 | (Source: Laws 1963, p. 3037 .)
| ||||||
11 | (105 ILCS 5/7-5) (from Ch. 122, par. 7-5)
| ||||||
12 | Sec. 7-5. Detachment set aside upon petition. If there is a | ||||||
13 | recognized school district which as a result of detachment
is | ||||||
14 | without a school building, the detachment may be set aside by | ||||||
15 | the regional county
board of school trustees of the region in | ||||||
16 | county over which the regional county superintendent
of schools | ||||||
17 | had supervision and control , as defined in Section 3-14.2 of | ||||||
18 | this Code, prior to the detachment upon
petition by two-thirds | ||||||
19 | of the eligible voters in the school district after
such | ||||||
20 | detachment and the detached area. The regional county board of | ||||||
21 | school trustees
shall conduct a hearing upon the petition as | ||||||
22 | prescribed and in the manner
provided in Section 7-6 of this | ||||||
23 | Code .
| ||||||
24 | (Source: Laws 1961, p. 31 .)
|
| |||||||
| |||||||
1 | (105 ILCS 5/7-6) (from Ch. 122, par. 7-6)
| ||||||
2 | Sec. 7-6. Petition filing; notice; hearing; decision.
| ||||||
3 | (a) The secretary of the regional board of school trustees | ||||||
4 | or his or her designee, the chief administrative officer of an | ||||||
5 | educational service center under Section 7-04 of this Code or | ||||||
6 | his or her designee, or the person designated by the trustees | ||||||
7 | of schools of the township in accordance with subsection (a-10) | ||||||
8 | of Section 7-04 of this Code, as appropriate, shall receive the | ||||||
9 | filing of the petition, make the determination of validity in | ||||||
10 | accordance with subsection (a) of Section 7-1 of this Section, | ||||||
11 | publish the notice, conduct the hearing, and issue the final | ||||||
12 | order. Upon the filing of a petition with the secretary of the | ||||||
13 | regional board
of school trustees under the provisions of | ||||||
14 | Section 7-1 or 7-2 of this Code,
Act the secretary shall cause | ||||||
15 | a copy of such petition to be given to the president of the | ||||||
16 | school
each board of each detaching or dissolving and annexing | ||||||
17 | school any district involved in the proposed boundary change | ||||||
18 | and
shall cause a notice thereof to be published once in a | ||||||
19 | newspaper having
general circulation within the area of the | ||||||
20 | detaching or dissolving and annexing territory described in the
| ||||||
21 | petition for the proposed change of boundaries .
| ||||||
22 | (b) (Blank). When a joint hearing is required under the | ||||||
23 | provisions of Section
7-2, the secretary also shall cause a | ||||||
24 | copy of the notice to be sent to the
regional board of school | ||||||
25 | trustees of each region affected. Notwithstanding
the | ||||||
26 | foregoing provisions of this Section, if the secretary of the |
| |||||||
| |||||||
1 | regional
board of school trustees with whom a petition is filed | ||||||
2 | under Section 7-2 fails,
within 30 days after the filing of | ||||||
3 | such petition, to cause notice thereof
to be published and sent | ||||||
4 | as required by this Section, then the secretary of
the regional | ||||||
5 | board of school trustees of any other region affected may
cause | ||||||
6 | the required notice to be published and sent, and the joint | ||||||
7 | hearing
may be held in any region affected as provided in the | ||||||
8 | notice so
published.
| ||||||
9 | (b-5) If a petition filed under subsection (a) of Section | ||||||
10 | 7-1 of this Code or under
Section 7-2 proposes to annex all the | ||||||
11 | territory of a school district to another
school district, the | ||||||
12 | petition shall request the
submission of a proposition at a | ||||||
13 | regular scheduled election for the purpose of
voting for or | ||||||
14 | against the annexation of the
territory described in the | ||||||
15 | petition to the school district proposing to annex
that | ||||||
16 | territory. No petition filed or election held under this | ||||||
17 | Article shall be
null and void, invalidated, or deemed in | ||||||
18 | noncompliance with the Election Code
because of a failure to | ||||||
19 | publish a notice with respect to the petition or
referendum as | ||||||
20 | required under subsection (g) of Section 28-2 of that Code for
| ||||||
21 | petitions that are not filed under this Article or Article 11E
| ||||||
22 | of this Code.
| ||||||
23 | (c) When a petition contains more than 10 signatures the | ||||||
24 | petition shall
designate a committee of 10 of the petitioners | ||||||
25 | as attorney in fact for all
petitioners, any 7 of whom may make | ||||||
26 | binding stipulations on behalf of all
petitioners as to any |
| |||||||
| |||||||
1 | question with respect to the petition or hearing or
joint | ||||||
2 | hearing , and the regional board of school trustees , or regional
| ||||||
3 | boards of school trustees in cases of a joint hearing may | ||||||
4 | accept such
stipulation in lieu of evidence or proof of the | ||||||
5 | matter stipulated. The
committee of petitioners shall have the | ||||||
6 | same power to stipulate to
accountings or waiver thereof | ||||||
7 | between school districts; however, the
regional board of school | ||||||
8 | trustees , or regional boards of school trustees in
cases of a | ||||||
9 | joint hearing may refuse to accept such stipulation.
Those | ||||||
10 | designated as the committee of 10 shall serve in that capacity | ||||||
11 | until
such time as the regional superintendent of schools or | ||||||
12 | the committee of 10
determines that, because of death, | ||||||
13 | resignation, transfer of residency from the
territory, or | ||||||
14 | failure to qualify, the office of a particular member of the
| ||||||
15 | committee of 10 is vacant. Upon determination that a vacancy | ||||||
16 | exists, the
remaining members shall appoint a petitioner to | ||||||
17 | fill the designated vacancy on
the committee of 10. The | ||||||
18 | appointment of any new members by the committee of 10
shall be | ||||||
19 | made by a simple majority vote of the remaining designated | ||||||
20 | members.
| ||||||
21 | (d) The petition may be amended to withdraw not to exceed a | ||||||
22 | total of 10%
of the territory in the petition at any time prior | ||||||
23 | to the hearing or joint
hearing ; provided that the petition | ||||||
24 | shall after amendment comply with the
requirements as to the | ||||||
25 | number of signatures required on an original petition.
| ||||||
26 | (e) The petitioners shall pay the expenses of publishing |
| |||||||
| |||||||
1 | the notice and
of any transcript taken at the hearing and | ||||||
2 | mailing the final order or joint hearing ; and , in case of an
| ||||||
3 | appeal from the decision of the regional board of school | ||||||
4 | trustees , or
regional boards of school trustees in cases of a | ||||||
5 | joint hearing, or State
Superintendent of Education in cases | ||||||
6 | determined under subsection (l) of
this Section, the appellants | ||||||
7 | shall pay the cost of preparing the record
for appeal. The | ||||||
8 | regional superintendent of schools with whom the petition is | ||||||
9 | filed may request a deposit at the time of filing to cover | ||||||
10 | expenses as provided in this subsection (e).
| ||||||
11 | (f) The notice shall state when the petition was filed, the | ||||||
12 | description
of the detaching territory or name of the | ||||||
13 | dissolving district, the name of the annexing district , the | ||||||
14 | prayer of the petition , and the return day and time on and | ||||||
15 | location in which
the hearing or joint hearing upon the | ||||||
16 | petition will be held , which shall not
be more than 30 15 nor | ||||||
17 | less than 15 calendar 10 days after the publication of notice.
| ||||||
18 | (g) Prior to the hearing, the secretary of the regional | ||||||
19 | board of school trustees shall submit to the regional board of | ||||||
20 | school trustees maps showing the districts involved and a | ||||||
21 | written report of the financial and educational conditions of | ||||||
22 | the districts involved and the probable effect of the proposed | ||||||
23 | changes. The reports and maps submitted must be made a part of | ||||||
24 | the record of the proceedings of the regional board of school | ||||||
25 | trustees. A copy of the report and maps submitted must be sent | ||||||
26 | by the secretary of the regional board of school trustees to |
| |||||||
| |||||||
1 | the president of the school board of each detaching or | ||||||
2 | dissolving and annexing school district not less than 5 days | ||||||
3 | prior to the day upon which the hearing is to be held. On such | ||||||
4 | return day or on a day to which the regional board of school
| ||||||
5 | trustees, or regional boards of school trustees in cases of a | ||||||
6 | joint
hearing shall continue the hearing or joint hearing the | ||||||
7 | regional board of
school trustees, or regional boards of school | ||||||
8 | trustees in cases of a joint
hearing shall hear the petition | ||||||
9 | but may adjourn the hearing or joint
hearing from time to time | ||||||
10 | or may continue the matter for want of sufficient
notice or | ||||||
11 | other good cause.
| ||||||
12 | (h) On the hearing day or on a day to which the regional | ||||||
13 | board of school trustees shall continue the hearing, the | ||||||
14 | regional board of school trustees shall hear the petition but | ||||||
15 | may adjourn the hearing from time to time or may continue the | ||||||
16 | matter for want of sufficient notice or other good cause. Prior | ||||||
17 | to the hearing or joint hearing the secretary of the regional
| ||||||
18 | board of school trustees shall submit to the regional board of | ||||||
19 | school trustees,
or regional boards of school trustees in cases | ||||||
20 | of a joint hearing maps showing
the districts involved, a | ||||||
21 | written report of financial and educational
conditions of | ||||||
22 | districts involved and the probable effect of the proposed
| ||||||
23 | changes. The reports and maps submitted shall be made a part of | ||||||
24 | the record of
the proceedings of the regional board of school | ||||||
25 | trustees, or regional boards of
school trustees in cases of a | ||||||
26 | joint hearing. A copy of the report and maps
submitted shall be |
| |||||||
| |||||||
1 | sent by the secretary of the regional board of school
trustees | ||||||
2 | to each board of the districts involved, not less than 5 days | ||||||
3 | prior to
the day upon which the hearing or joint hearing is to | ||||||
4 | be held.
| ||||||
5 | (h-5) Except for motions and briefs challenging the | ||||||
6 | validity of a petition or otherwise challenging the | ||||||
7 | jurisdiction of the regional board of school trustees to | ||||||
8 | conduct a hearing on a petition and except for motions and | ||||||
9 | briefs related to the type of evidence the regional board of | ||||||
10 | school trustees may consider under subsection (i) of this | ||||||
11 | Section, no other motions, pleadings, briefs, discovery | ||||||
12 | requests, or other like documents may be filed with the | ||||||
13 | regional board of school trustees or served on other parties, | ||||||
14 | and the regional board of school trustees shall have no | ||||||
15 | authority to consider such documents, except that if a legal | ||||||
16 | issue arises during a hearing, then the regional board of | ||||||
17 | school trustees may, at its discretion, request briefs to be | ||||||
18 | submitted to it on that issue. | ||||||
19 | (i) The regional board of school trustees shall
hear | ||||||
20 | evidence as to the school needs and conditions of the
territory | ||||||
21 | in the area within and adjacent thereto and the
effect | ||||||
22 | detachment will have on those needs and conditions and
as to | ||||||
23 | the ability of the detaching or dissolving and annexing school | ||||||
24 | districts to meet the
standards of recognition as prescribed by | ||||||
25 | the State Board of
Education, shall take into consideration the | ||||||
26 | division of
funds and assets that will result from the change |
| |||||||
| |||||||
1 | of
boundaries, and shall determine whether it is in the best
| ||||||
2 | interests of the schools of the area and the direct educational
| ||||||
3 | welfare of the pupils that such change in boundaries be
| ||||||
4 | granted. If non-high school territory is contained in
the | ||||||
5 | petition, the normal high school attendance pattern of the
| ||||||
6 | pupils must be taken into consideration. However, upon | ||||||
7 | resolution by the
regional board of school trustees, the | ||||||
8 | secretary thereof shall conduct the hearing upon any boundary | ||||||
9 | petition and present a transcript of such
hearing to the | ||||||
10 | trustees, who shall base their decision upon the
transcript, | ||||||
11 | maps, and information and any presentation of
counsel. The | ||||||
12 | regional board of school trustees or regional boards of school
| ||||||
13 | trustees in cases of a joint hearing shall hear evidence as to | ||||||
14 | the school
needs and conditions of the territory in the area | ||||||
15 | within and adjacent
thereto and the effect detachment will have | ||||||
16 | on those needs and conditions and as to the ability of the | ||||||
17 | districts affected to meet the
standards of recognition as | ||||||
18 | prescribed by the State Board of Education, and
shall take into | ||||||
19 | consideration the division of funds and assets which will
| ||||||
20 | result from the change of boundaries and shall determine | ||||||
21 | whether it is to
the best interests of the schools of the area | ||||||
22 | and the direct educational welfare
of the pupils that such | ||||||
23 | change in boundaries be granted, and in case
non-high school | ||||||
24 | territory is contained in the petition the normal high
school | ||||||
25 | attendance pattern of the children shall be taken into
| ||||||
26 | consideration. If the non-high school territory overlies an |
| |||||||
| |||||||
1 | elementary
district, a part of which is in a high school | ||||||
2 | district, such territory may
be annexed to such high school | ||||||
3 | district even though not contiguous to the
high school | ||||||
4 | district. However, upon resolution by the regional board of
| ||||||
5 | school trustees, or regional boards of school trustees in cases | ||||||
6 | of a joint
hearing the secretary or secretaries thereof shall | ||||||
7 | conduct the hearing or
joint hearing upon any boundary petition | ||||||
8 | and present a transcript of such
hearing to the trustees who | ||||||
9 | shall base their decision upon the transcript,
maps and | ||||||
10 | information and any presentation of counsel. In the instance of | ||||||
11 | a change of boundaries through detachment:
| ||||||
12 | (1) When considering the effect the detachment will | ||||||
13 | have on the direct educational welfare of the pupils, the | ||||||
14 | regional board of school trustees or the regional boards of | ||||||
15 | school trustees shall consider a comparison of the school | ||||||
16 | report cards for the schools of the detaching and annexing | ||||||
17 | affected districts and the school district report cards for | ||||||
18 | the detaching and annexing affected districts only if there | ||||||
19 | is no more than a 3% difference in the minority, | ||||||
20 | low-income, and English learner student populations of the | ||||||
21 | relevant schools of the districts. | ||||||
22 | (2) The community of interest of the petitioners and | ||||||
23 | their children and the effect detachment will have on the | ||||||
24 | whole child may be considered only if the regional board of | ||||||
25 | school trustees or the regional boards of school trustees | ||||||
26 | first determines determine that there would be a |
| |||||||
| |||||||
1 | significant direct educational benefit to the petitioners' | ||||||
2 | children if the change in boundaries were allowed. | ||||||
3 | (3) When petitioners cite an annexing district | ||||||
4 | attendance center or centers in the petition or during | ||||||
5 | testimony, the regional board of school trustees or the | ||||||
6 | regional boards of school trustees may consider the | ||||||
7 | difference in the distances from the detaching area to the | ||||||
8 | current attendance centers and the cited annexing district | ||||||
9 | attendance centers only if the difference is no less than | ||||||
10 | 10 miles shorter to one of the cited annexing district | ||||||
11 | attendance centers than it is to the corresponding current | ||||||
12 | attendance center. | ||||||
13 | (4) The regional board of school trustees or the | ||||||
14 | regional boards of school trustees may not grant a petition | ||||||
15 | if doing so will increase the percentage of minority or | ||||||
16 | low-income students or English learners by more than 3% at | ||||||
17 | the attendance center where students in the detaching | ||||||
18 | territory currently attend, provided that if the | ||||||
19 | percentage of any one of those groups also decreases at | ||||||
20 | that attendance center, the regional board or boards may | ||||||
21 | grant the petition upon consideration of other factors | ||||||
22 | under this Section and this Article. | ||||||
23 | (5) The regional board of school trustees or the | ||||||
24 | regional boards of school trustees may not consider whether | ||||||
25 | changing the boundaries will increase the property values | ||||||
26 | of the petitioners' property. |
| |||||||
| |||||||
1 | The factors in subdivisions (1) through (5) of this | ||||||
2 | subsection (i) are applicable whether or not there are children | ||||||
3 | residing in the petitioning area at the time the hearing is | ||||||
4 | conducted. | ||||||
5 | If the regional board of school trustees or the regional | ||||||
6 | boards of school trustees grants a petition to change school | ||||||
7 | district boundaries, then the annexing school district shall | ||||||
8 | determine the attendance center or centers that children from | ||||||
9 | the petitioning area shall attend. | ||||||
10 | (j) At the hearing , or joint hearing any resident of the | ||||||
11 | territory described
in the petition or any resident in any | ||||||
12 | detaching, dissolving, or annexing school district or any | ||||||
13 | representative of a detaching, dissolving, or annexing school | ||||||
14 | district affected by the proposed change
of boundaries may | ||||||
15 | appear in person or by an attorney in support of the
petition | ||||||
16 | or to object to the granting of the petition and may present
| ||||||
17 | evidence in support of his or her position through either oral | ||||||
18 | or written testimony .
| ||||||
19 | (k) At the conclusion of the hearing, the regional | ||||||
20 | superintendent of schools as secretary to the regional board of | ||||||
21 | school trustees shall, within 30 days, enter an order either | ||||||
22 | granting or denying the petition. The regional superintendent | ||||||
23 | of schools shall deliver a certified copy of the order by | ||||||
24 | certified mail, return receipt requested, to the petitioners or | ||||||
25 | committee of petitioners, as applicable; the president of the | ||||||
26 | school board of each detaching or dissolving and annexing |
| |||||||
| |||||||
1 | district; any person providing testimony in support of or | ||||||
2 | opposition to the petition at the hearing; and any attorney who | ||||||
3 | appears for a person. The regional superintendent of schools | ||||||
4 | shall also deliver a copy of the order to the regional | ||||||
5 | superintendent of schools who has supervision and control, as | ||||||
6 | defined in Section 3-14.2 of this Code, of the annexing | ||||||
7 | district if different from the regional superintendent of | ||||||
8 | schools with whom the petition was filed. The regional | ||||||
9 | superintendent of schools is not required to send a copy of the | ||||||
10 | regional board of school trustees' order to those attending the | ||||||
11 | hearing but not participating. The final order shall be in | ||||||
12 | writing and include findings of fact, conclusions of law, and | ||||||
13 | the decision to grant or deny the petition. At the conclusion | ||||||
14 | of the hearing, other than a joint hearing,
the regional | ||||||
15 | superintendent of schools as ex officio member of the regional
| ||||||
16 | board of school trustees shall within 30 days enter an order | ||||||
17 | either
granting or denying the petition and shall deliver to | ||||||
18 | the committee of
petitioners, if any, and any person who has | ||||||
19 | filed his appearance in
writing at the hearing and any attorney | ||||||
20 | who appears for any person and
any objector who testifies at | ||||||
21 | the hearing and the regional superintendent
of schools a | ||||||
22 | certified copy of its order.
| ||||||
23 | (l) Notwithstanding the foregoing provisions of this | ||||||
24 | Section, if
within 12 9 months after a petition is submitted | ||||||
25 | under the provisions of
Section 7-1 of this Code the petition | ||||||
26 | is not approved or denied by the regional board of
school |
| |||||||
| |||||||
1 | trustees and the order approving or denying that petition | ||||||
2 | entered and
a copy thereof served as provided in this Section, | ||||||
3 | petitioners the school boards or
registered voters of the | ||||||
4 | districts affected that submitted the petition (or
the | ||||||
5 | committee of 10, or an attorney acting on its behalf, if | ||||||
6 | designated
in the petition) may submit a copy of the petition | ||||||
7 | directly to the State
Superintendent of Education for approval | ||||||
8 | or denial. The copy of the petition
as so submitted shall be | ||||||
9 | accompanied by a record of all proceedings had with
respect to | ||||||
10 | the petition up to the time the copy of the petition is | ||||||
11 | submitted to
the State Superintendent of Education (including a | ||||||
12 | copy of any notice given or
published, any certificate or other | ||||||
13 | proof of publication, copies of any maps or
written report of | ||||||
14 | the financial and educational conditions of the school
| ||||||
15 | districts affected if furnished by the secretary of the | ||||||
16 | regional board of
school trustees, copies of any amendments to | ||||||
17 | the petition and stipulations
made, accepted or refused, a | ||||||
18 | transcript of any hearing or part of a hearing
held, continued | ||||||
19 | or adjourned on the petition, and any orders entered with
| ||||||
20 | respect to the petition or any hearing held thereon). The | ||||||
21 | petitioners school boards,
registered voters or committee of 10 | ||||||
22 | submitting the petition and record of
proceedings to the State | ||||||
23 | Superintendent of Education shall give written notice
by | ||||||
24 | certified mail, return receipt requested , to the regional board | ||||||
25 | of school
trustees and to the secretary of that board and to | ||||||
26 | the detaching or dissolving and annexing school districts that |
| |||||||
| |||||||
1 | the petition has been
submitted to the State Superintendent of | ||||||
2 | Education for approval or denial , and
shall furnish a copy of | ||||||
3 | the notice so given to the State Superintendent of
Education. | ||||||
4 | The cost of assembling the record of proceedings for submission | ||||||
5 | to
the State Superintendent of Education shall be the | ||||||
6 | responsibility of the petitioners that submit school
boards, | ||||||
7 | registered voters or committee of 10 that submits the petition | ||||||
8 | and
record of proceedings to the State Superintendent of | ||||||
9 | Education. When a
petition is submitted to the State | ||||||
10 | Superintendent of Education in accordance
with the provisions | ||||||
11 | of this paragraph:
| ||||||
12 | (1) The regional board of school trustees loses all | ||||||
13 | jurisdiction over
the petition and shall have no further | ||||||
14 | authority to hear, approve, deny
or otherwise act with | ||||||
15 | respect to the petition.
| ||||||
16 | (2) All jurisdiction over the petition and the right | ||||||
17 | and duty to hear,
approve, deny or otherwise act with | ||||||
18 | respect to the petition is transferred
to and shall be | ||||||
19 | assumed and exercised by the State Superintendent of | ||||||
20 | Education.
| ||||||
21 | (3) The State Superintendent of Education shall not be | ||||||
22 | required to repeat
any proceedings that were conducted in | ||||||
23 | accordance with the provisions of
this Section prior to the | ||||||
24 | time jurisdiction over the petition is transferred
to him, | ||||||
25 | but the State Superintendent of Education shall be required | ||||||
26 | to give
and publish any notices and hold or complete any |
| |||||||
| |||||||
1 | hearings that were
not given, held or completed by the | ||||||
2 | regional board of school trustees or
its secretary as | ||||||
3 | required by this Section prior to the time jurisdiction
| ||||||
4 | over the petition is transferred to the State | ||||||
5 | Superintendent of Education.
| ||||||
6 | (4) If so directed by the State Superintendent of | ||||||
7 | Education, the regional
superintendent of schools shall | ||||||
8 | submit to the State Superintendent of
Education and to such | ||||||
9 | school boards as the State Superintendent of Education
| ||||||
10 | shall prescribe accurate maps and a written report of the | ||||||
11 | financial and
educational conditions of the districts | ||||||
12 | affected and the probable effect of
the proposed boundary | ||||||
13 | changes.
| ||||||
14 | (5) The State Superintendent is authorized to conduct | ||||||
15 | further
hearings, or appoint a hearing officer to conduct | ||||||
16 | further hearings,
on the petition even though a hearing | ||||||
17 | thereon was held as provided in this
Section prior to the | ||||||
18 | time jurisdiction over the petition is transferred to
the | ||||||
19 | State Superintendent of Education.
| ||||||
20 | (6) The State Superintendent of Education or the | ||||||
21 | hearing officer shall
hear evidence and approve or deny the | ||||||
22 | petition and shall enter an order to that
effect and | ||||||
23 | deliver and serve the same as required in other cases to be | ||||||
24 | done by
the regional board of school trustees and the | ||||||
25 | regional superintendent of
schools as secretary an ex | ||||||
26 | officio member of that board.
|
| |||||||
| |||||||
1 | (m) (Blank). Within 10 days after the conclusion of a joint | ||||||
2 | hearing required under
the provisions of Section 7-2, each | ||||||
3 | regional board of school trustees shall
meet together and | ||||||
4 | render a decision with regard to the joint hearing on the
| ||||||
5 | petition. If the regional boards of school trustees fail to | ||||||
6 | enter a joint
order either granting or denying the petition, | ||||||
7 | the regional superintendent
of schools for the educational | ||||||
8 | service region in which the joint hearing is
held shall enter | ||||||
9 | an order denying the petition, and within 30 days after the
| ||||||
10 | conclusion of the joint hearing shall deliver a copy of the | ||||||
11 | order denying the
petition to the regional boards of school | ||||||
12 | trustees of each region affected,
to the committee of | ||||||
13 | petitioners, if any, to any person who has filed his
appearance | ||||||
14 | in writing at the hearing and to any attorney who appears for
| ||||||
15 | any person at the joint hearing. If the regional boards of | ||||||
16 | school trustees
enter a joint order either granting or denying | ||||||
17 | the petition, the regional
superintendent of schools for the | ||||||
18 | educational service region in which the
joint hearing is held | ||||||
19 | shall, within 30 days of the conclusion of the
hearing, deliver | ||||||
20 | a copy of the joint order to those same committees and
persons | ||||||
21 | as are entitled to receive copies of the regional | ||||||
22 | superintendent's
order in cases where the regional boards of | ||||||
23 | school trustees have failed to
enter a joint order.
| ||||||
24 | (n) Within 10 days after service of a copy of the order | ||||||
25 | granting or
denying the petition, any person so served may | ||||||
26 | petition for a rehearing
and, upon sufficient cause being |
| |||||||
| |||||||
1 | shown, a rehearing may be granted . The petition for rehearing | ||||||
2 | shall specify the reason for the request. The regional board of | ||||||
3 | school trustees shall first determine whether there is | ||||||
4 | sufficient cause for a rehearing. If so determined, then the | ||||||
5 | regional board of school trustees shall allow the petition to | ||||||
6 | be heard anew in its entirety in accordance with all procedures | ||||||
7 | in this Article. The party requesting a rehearing shall pay the | ||||||
8 | expenses of publishing the notice and of any transcript taken | ||||||
9 | at the hearing. The
filing of a petition for rehearing shall | ||||||
10 | operate as a stay of enforcement
until the regional board of | ||||||
11 | school trustees , or regional boards of school
trustees in cases | ||||||
12 | of a joint hearing, or State Superintendent of Education
in | ||||||
13 | cases determined under subsection (l) of this Section enters | ||||||
14 | enter the final
order on such petition for rehearing.
| ||||||
15 | (o) If a petition filed under subsection (a) of Section 7-1 | ||||||
16 | or under
Section 7-2 is required under the provisions of | ||||||
17 | subsection (b-5) of this
Section 7-6 to request submission of a | ||||||
18 | proposition at a regular scheduled
election for the purpose of | ||||||
19 | voting for or against the annexation of the
territory described | ||||||
20 | in the petition to the
school district proposing to annex that | ||||||
21 | territory, and if the petition is
granted or approved by the | ||||||
22 | regional board or regional boards of school trustees
or by the | ||||||
23 | State Superintendent of Education, the proposition shall be | ||||||
24 | placed on
the ballot at the next regular scheduled election.
| ||||||
25 | (Source: P.A. 99-475, eff. 1-1-16 .)
|
| |||||||
| |||||||
1 | (105 ILCS 5/7-7) (from Ch. 122, par. 7-7)
| ||||||
2 | Sec. 7-7. Administrative Review Law. The decision of the | ||||||
3 | regional board
of school trustees , or the decision of the | ||||||
4 | regional boards of school
trustees following a joint hearing, | ||||||
5 | or the decision of the State
Superintendent of Education in | ||||||
6 | cases determined pursuant to subsection (l)
of Section 7-6 of | ||||||
7 | this Code , shall be deemed an "administrative decision" as | ||||||
8 | defined in
Section 3-101 of the Code of Civil Procedure; and | ||||||
9 | any resident , who appears
at the hearing or any petitioner , or | ||||||
10 | board of education entitled to receive a certified copy of the | ||||||
11 | regional board of school trustees' order of any district
| ||||||
12 | affected may , within 35 days after a copy of the decision | ||||||
13 | sought to be
reviewed was served by certified mail, return | ||||||
14 | receipt requested, registered mail upon the resident, | ||||||
15 | petitioner, or board of education, the party affected thereby | ||||||
16 | file
a complaint for a judicial review of such decision in | ||||||
17 | accordance with the
Administrative Review Law and the rules | ||||||
18 | adopted pursuant thereto. The
commencement of any action for | ||||||
19 | judicial review shall operate as a stay of
enforcement, and no | ||||||
20 | further proceedings shall be had until final
disposition of | ||||||
21 | such review. If the transcript of the hearing is required to
be | ||||||
22 | presented to another county board of school trustees the
time | ||||||
23 | within which a complaint for review must be filed shall not | ||||||
24 | begin to
run until the decision of the regional board of school | ||||||
25 | trustees hearing
the petition has been granted or denied by the | ||||||
26 | regional board of school
trustees conducting a hearing on the |
| |||||||
| |||||||
1 | transcript. The circuit court of the
county in which the | ||||||
2 | dissolving district or detaching territory is located petition | ||||||
3 | is filed with the regional board of school
trustees shall have | ||||||
4 | sole jurisdiction to entertain a complaint for such
review when | ||||||
5 | only one regional board of school trustees must act; however,
| ||||||
6 | when the regional boards of school trustees act following a | ||||||
7 | joint hearing,
the circuit court of the county in which the | ||||||
8 | joint hearing on the original
petition is conducted shall have | ||||||
9 | sole jurisdiction of the complaint for
such review . In | ||||||
10 | instances in which the dissolving district or detaching | ||||||
11 | territory overlies more than one county, the circuit court of | ||||||
12 | the county where a majority of the territory of the dissolving | ||||||
13 | district or a majority of the territory of the detaching | ||||||
14 | territory is located shall have sole jurisdiction to entertain | ||||||
15 | a complaint for such review.
| ||||||
16 | (Source: P.A. 87-210.)
| ||||||
17 | (105 ILCS 5/7-8) (from Ch. 122, par. 7-8)
| ||||||
18 | Sec. 7-8. Limitation on successive petitions. No | ||||||
19 | territory, nor any part thereof,
which is involved in any | ||||||
20 | proceeding
to change the boundaries of a school district by | ||||||
21 | detachment or dissolution from or
annexation to such school | ||||||
22 | district of such territory, and which , after a hearing on the | ||||||
23 | merits of the petition or referendum vote, is not so
detached | ||||||
24 | or dissolved nor annexed , shall be again involved in | ||||||
25 | proceedings to change the
boundaries of such school district
|
| |||||||
| |||||||
1 | for at least 2 years after final
determination of such first | ||||||
2 | proceeding, unless during that 2-year period a
petition filed | ||||||
3 | is substantially different than any other previously filed
| ||||||
4 | petition during the previous 2 years or if a school district | ||||||
5 | involved is
identified as a priority district under Section | ||||||
6 | 2-3.25d-5 of this Code, is placed on the financial
watch list | ||||||
7 | by the State Board of Education, or is certified as being in
| ||||||
8 | financial difficulty during that 2-year
period or if such first | ||||||
9 | proceeding involved a petition brought under
Section 7-2b of | ||||||
10 | this Article 7. The 2-year period is counted beginning from the | ||||||
11 | date of a final administrative decision after all appeal | ||||||
12 | timelines have run, upon final court order after all appeal | ||||||
13 | timelines have run, or upon the certification of the election | ||||||
14 | results in the event of a dissolution. The 2-year period is 2 | ||||||
15 | calendar years.
| ||||||
16 | (Source: P.A. 99-193, eff. 7-30-15.)
| ||||||
17 | (105 ILCS 5/7-9) (from Ch. 122, par. 7-9)
| ||||||
18 | Sec. 7-9. Effective date of change. In case a petition is | ||||||
19 | filed for the creation of or the change of
boundaries of or for | ||||||
20 | an election to vote upon a proposition of
creating or annexing | ||||||
21 | territory to a school district after August
1, as provided in | ||||||
22 | this Article, and the change is granted
or the election | ||||||
23 | carries, and no appeal is taken such change shall become
| ||||||
24 | effective after the time for appeal has run for the purpose of | ||||||
25 | all
elections; however, the change shall not affect the |
| |||||||
| |||||||
1 | administration of
the schools until July 1 following the date | ||||||
2 | the petition is granted or
upon which the election is held and | ||||||
3 | the school boards of the districts
as they existed prior to the | ||||||
4 | change shall exercise the same power and
authority over such | ||||||
5 | territory until such date; however, new districts
shall be | ||||||
6 | permitted to organize and elect officers within the time
| ||||||
7 | prescribed by the general election law. In the event that the | ||||||
8 | granting of a petition has become final, either
through failure | ||||||
9 | to seek Administrative Review , or by the final decision
of a | ||||||
10 | court on review if no further appeal is taken, or upon | ||||||
11 | certification of election results in the event of a | ||||||
12 | dissolution , the change in boundaries shall become effective | ||||||
13 | the following July 1
forthwith . The school boards of the | ||||||
14 | districts as they existed prior to the change shall exercise | ||||||
15 | the same power and authority over such territory until such | ||||||
16 | date, unless However, if the granting of the petition becomes | ||||||
17 | final
between September 1 and June 30 of any year, the | ||||||
18 | administration of and
attendance at the schools shall not be | ||||||
19 | affected until the following July
1, when the change in | ||||||
20 | boundaries shall become effective for all
purposes. After the | ||||||
21 | granting of a petition has become final, the date
when the | ||||||
22 | change shall become effective for purposes of administration
| ||||||
23 | and attendance may be accelerated or postponed by stipulation | ||||||
24 | of each of
the school boards of each detaching or dissolving | ||||||
25 | and annexing school district and approval affected and approved | ||||||
26 | by the regional
board of school trustees or by the board of a |
| |||||||
| |||||||
1 | special charter district
with which the original petition is | ||||||
2 | required to be filed.
| ||||||
3 | (Source: P.A. 90-459, eff. 8-17-97.)
| ||||||
4 | (105 ILCS 5/7-10) (from Ch. 122, par. 7-10)
| ||||||
5 | Sec. 7-10. Map
showing change; filed change-Filed . Within | ||||||
6 | 30 thirty days after the boundaries of any school district have | ||||||
7 | been
changed , or a new district created under any of the | ||||||
8 | provisions of this
Article the regional county superintendent | ||||||
9 | of schools of any county involved shall
make and file with the | ||||||
10 | county clerk or clerks of his county a map of any detaching, | ||||||
11 | dissolving, or annexing school districts ,
involved in any | ||||||
12 | change of boundaries or creation of a new district
whereupon | ||||||
13 | the county clerks shall extend taxes against the territory in
| ||||||
14 | accordance therewith ; provided : Provided that if an action to | ||||||
15 | review such decision
under Section 7-7 of this Code is taken, | ||||||
16 | the regional superintendent of schools County Superintendent | ||||||
17 | of Schools shall not
file the map with the county clerk until | ||||||
18 | after he or she is served with a
certified copy of the order of | ||||||
19 | the final disposition of such review.
| ||||||
20 | (Source: Laws 1961, p. 31 .)
| ||||||
21 | (105 ILCS 5/7-10.5 new) | ||||||
22 | Sec. 7-10.5. Teacher transfer. When dissolution and | ||||||
23 | annexation become effective for purposes of administration and | ||||||
24 | attendance as determined pursuant to Section 7-9 or 7-11 of |
| |||||||
| |||||||
1 | this Code, as applicable, the positions of teachers in | ||||||
2 | contractual continued service in the district being dissolved | ||||||
3 | are transferred to an annexing district or to annexing | ||||||
4 | districts pursuant to the provisions of subsection (h) of | ||||||
5 | Section 24-11 of this Code relative to teachers having | ||||||
6 | contractual continued service status whose positions are | ||||||
7 | transferred from one school board to the control of a different | ||||||
8 | school board, and those said provisions of subsection (h) of | ||||||
9 | Section 24-11 of this Code shall apply to the transferred | ||||||
10 | teachers. In the event that the territory is added to 2 or more | ||||||
11 | districts, the decision on which positions are to be | ||||||
12 | transferred to which annexing districts must be made giving | ||||||
13 | consideration to the proportionate percentage of pupils | ||||||
14 | transferred and the annexing districts' staffing needs, and the | ||||||
15 | transfer of specific individuals into such positions must be | ||||||
16 | based upon the request of those teachers in order of seniority | ||||||
17 | in the dissolving district. The contractual continued service | ||||||
18 | status of any teacher thereby transferred to an annexing | ||||||
19 | district is not lost and the different school board is subject | ||||||
20 | to this Code with respect to the transferred teacher in the | ||||||
21 | same manner as if the teacher was that district's employee and | ||||||
22 | had been its employee during the time the teacher was actually | ||||||
23 | employed by the school board of the dissolving district from | ||||||
24 | which the position was transferred.
| ||||||
25 | (105 ILCS 5/7-11) (from Ch. 122, par. 7-11)
|
| |||||||
| |||||||
1 | Sec. 7-11. Annexation of dissolved non-operating | ||||||
2 | districts. If any school district has become dissolved as | ||||||
3 | provided in Section 5-32 of this Code ,
or if a petition for | ||||||
4 | dissolution is filed under subsection (b) of
Section 7-2a of | ||||||
5 | this Code , the regional board of school trustees shall attach | ||||||
6 | the
territory of such
dissolved district to one or more | ||||||
7 | districts and, if the territory is added
to 2 or more | ||||||
8 | districts, shall divide the property of the dissolved
district | ||||||
9 | among the districts to which its territory is added, in the | ||||||
10 | manner
provided for the division of property in case of the | ||||||
11 | organization of a new
district from a part of another district.
| ||||||
12 | The regional board of school trustees of the region in which | ||||||
13 | the regional
superintendent has supervision and control, as | ||||||
14 | defined in Section 3-14.2 of this Code, over the school | ||||||
15 | district that is dissolved
shall have all power necessary to | ||||||
16 | annex the territory of the dissolved
district as provided in | ||||||
17 | this Section, including the power to attach the
territory to a | ||||||
18 | school district under the supervision and control of the | ||||||
19 | regional
superintendent of another educational service region | ||||||
20 | and, in the case of Leepertown CCSD 175, the power to attach | ||||||
21 | the territory to a non-contiguous school district if deemed in | ||||||
22 | the best interests of the schools of the area and the | ||||||
23 | educational welfare of the pupils involved. The annexation of
| ||||||
24 | the territory of a dissolved school district under this Section | ||||||
25 | shall
entitle the school districts involved in the annexation | ||||||
26 | to payments from
the State Board of Education in the same |
| |||||||
| |||||||
1 | manner and to the same extent
authorized in the case of other | ||||||
2 | annexations under this Article. Other
provisions of this | ||||||
3 | Article 7 of this The School Code shall apply to and govern
| ||||||
4 | dissolutions and annexations under this Section and Section | ||||||
5 | 7-2a of this Code , except
that it is the intent of the General | ||||||
6 | Assembly that in the case of conflict the
provisions of this | ||||||
7 | Section and Section 7-2a of this Code shall control over the | ||||||
8 | other
provisions of this Article.
| ||||||
9 | The regional board of school trustees shall give notice of
| ||||||
10 | a hearing, to be held not less than 50 days nor more than 70 | ||||||
11 | days after a
school district is dissolved under Section 5-32 of | ||||||
12 | this Code or a petition is filed
under subsection (b) of | ||||||
13 | Section 7-2a of this Code , on
the disposition of the territory | ||||||
14 | of such school district by publishing a
notice thereof at least | ||||||
15 | once each week for 2 successive weeks in at least
one newspaper | ||||||
16 | having a general circulation within the area of the territory
| ||||||
17 | involved. At such hearing, the regional board of school | ||||||
18 | trustees shall hear
evidence as to the school needs and | ||||||
19 | conditions of the territory and of the
area within and adjacent | ||||||
20 | thereto, and shall take into consideration the
educational | ||||||
21 | welfare of the pupils of the territory and the normal high
| ||||||
22 | school attendance pattern of the children. In the case of an | ||||||
23 | elementary
school district, except for Leepertown CCSD 175, if | ||||||
24 | all the eighth grade graduates of such district
customarily | ||||||
25 | attend high school in the same high school district, the
| ||||||
26 | regional board of school trustees shall, unless it be
|
| |||||||
| |||||||
1 | impossible because of the
restrictions of a special charter | ||||||
2 | district, annex the territory of the
district to a contiguous | ||||||
3 | elementary school district whose eighth grade
graduates | ||||||
4 | customarily attend that high school, and that has an elementary
| ||||||
5 | school building nearest to the center of the territory to be | ||||||
6 | annexed, but
if such eighth grade graduates customarily attend | ||||||
7 | more than one high school
the regional board of school trustees | ||||||
8 | shall determine the
attendance pattern
of such graduates and | ||||||
9 | divide the territory of the district among the
contiguous | ||||||
10 | elementary districts whose graduates attend the same | ||||||
11 | respective
high schools.
| ||||||
12 | At the conclusion of the hearing, the regional | ||||||
13 | superintendent of schools, as secretary to the regional board | ||||||
14 | of school trustees, shall, within 10 days, enter an order | ||||||
15 | detailing the annexation of the dissolved district. The | ||||||
16 | regional superintendent of schools shall deliver a certified | ||||||
17 | copy of the order by certified mail, return receipt requested, | ||||||
18 | to the petitioners or committee of petitioners, as applicable; | ||||||
19 | the president of the school board of each dissolving and | ||||||
20 | annexing district; any person providing testimony in support of | ||||||
21 | or opposition to the petition at the hearing; and any attorney | ||||||
22 | who appears for any person. The regional superintendent of | ||||||
23 | schools shall also deliver a copy of the order to the regional | ||||||
24 | superintendent of schools who has supervision and control, as | ||||||
25 | defined in Section 3-14.2 of this Code, of the annexing | ||||||
26 | district, if different from the regional superintendent of |
| |||||||
| |||||||
1 | schools with whom the petition was filed. The regional | ||||||
2 | superintendent of schools is not required to send a copy of the | ||||||
3 | regional board of school trustees' order to those attending the | ||||||
4 | hearing but not participating. The final order shall be in | ||||||
5 | writing and include findings of fact, conclusions of law, and | ||||||
6 | the annexation decision. The decision of the regional board of | ||||||
7 | school trustees shall be The decision of the regional board of | ||||||
8 | school trustees in
such matter shall be issued within 10 days | ||||||
9 | after the conclusion of the
hearing and deemed an | ||||||
10 | "administrative decision" as defined in
Section 3-101 of the
| ||||||
11 | Code of Civil Procedure , and any resident , who appears at the | ||||||
12 | hearing
or any petitioner , or school board entitled to receive | ||||||
13 | a certified copy of the regional board of school trustees' | ||||||
14 | order may , within 10 days after a copy of the decision sought
| ||||||
15 | to be reviewed was served by certified mail, return receipt | ||||||
16 | requested, registered mail upon the resident, petitioner, or | ||||||
17 | school board, the party affected
thereby file a complaint for | ||||||
18 | the judicial review of
such decision in accordance with the | ||||||
19 | " Administrative Review Law ", and all
amendments and | ||||||
20 | modifications thereof and the rules adopted pursuant
thereto. | ||||||
21 | The commencement of any action for review shall operate as a | ||||||
22 | stay
of enforcement, and no further proceedings shall be had | ||||||
23 | until final
disposition of such review.
The final decision of | ||||||
24 | the regional board of school trustees or of any
court upon | ||||||
25 | judicial review shall become effective under Section 7-9 of | ||||||
26 | this Code in the
case of a petition for dissolution filed under |
| |||||||
| |||||||
1 | subsection (b) of Section
7-2a of this Code , and a final | ||||||
2 | decision shall become effective immediately following the
date | ||||||
3 | no further appeal is allowable in the case of a district | ||||||
4 | dissolved
under Section 5-32 of this Code .
| ||||||
5 | Notwithstanding the foregoing provisions of this Section | ||||||
6 | or any other
provision of law to the contrary, the school board | ||||||
7 | of the Mt. Morris School
District is authorized to donate to | ||||||
8 | the City of Mount Morris, Illinois the
school building and | ||||||
9 | other real property used as a school site by the Mt. Morris
| ||||||
10 | School District at the time of its dissolution, by appropriate | ||||||
11 | resolution
adopted by the school board of the district prior to | ||||||
12 | the dissolution of the
district; and upon the adoption of a | ||||||
13 | resolution by the school board donating
the school building and | ||||||
14 | school site to the City of Mount Morris, Illinois as
authorized | ||||||
15 | by this Section, the regional board of school trustees or other
| ||||||
16 | school officials holding legal title to the school building and | ||||||
17 | school site so
donated shall immediately convey the same to the | ||||||
18 | City of Mt. Morris,
Illinois.
| ||||||
19 | (Source: P.A. 97-656, eff. 1-13-12.)
| ||||||
20 | (105 ILCS 5/7-12) (from Ch. 122, par. 7-12)
| ||||||
21 | Sec. 7-12. Termination of office. Upon the close of the | ||||||
22 | then current school year during which any school
district is | ||||||
23 | annexed to another school district under any of the provisions
| ||||||
24 | of this Article, the terms of office of the school directors or | ||||||
25 | board of
education members of the annexed school district shall |
| |||||||
| |||||||
1 | be terminated and
the school board of the annexing district | ||||||
2 | shall perform all the duties and
have all the powers of the | ||||||
3 | school board of the annexed district. The
annexing district as | ||||||
4 | it is constituted on and after the time of such
annexation | ||||||
5 | shall receive all the assets and assume all the obligations and
| ||||||
6 | liabilities including the bonded indebtedness of the original | ||||||
7 | annexing
district and of the district annexed. The tax rate for | ||||||
8 | such assumed bonded
indebtedness shall be determined in the | ||||||
9 | manner provided in Article 19 of
this Code Act .
| ||||||
10 | (Source: Laws 1961, p. 31.)
| ||||||
11 | (105 ILCS 5/7-29) (from Ch. 122, par. 7-29)
| ||||||
12 | Sec. 7-29. Limitation on contesting boundary change. No | ||||||
13 | Neither the People of the State of Illinois nor any person, | ||||||
14 | corporation,
private or public, nor any association of persons | ||||||
15 | shall commence an action
contesting either directly or | ||||||
16 | indirectly the annexation of any territory to
a school district | ||||||
17 | shall commence or the creation of any new school district | ||||||
18 | unless brought within
2 calendar years after (i) the order | ||||||
19 | annexing the territory or creating the new
district shall have | ||||||
20 | become final in the event of a detachment or (ii) the election | ||||||
21 | results shall have been certified in the event of a | ||||||
22 | dissolution. Where or within 2 years after the date of the
| ||||||
23 | election creating the new school district if no proceedings to | ||||||
24 | contest such
election are duly instituted within the time | ||||||
25 | permitted by law, or within
two years after the final |
| |||||||
| |||||||
1 | disposition of any proceedings which may be so
instituted to | ||||||
2 | contest such election; however where a limitation of a
shorter | ||||||
3 | period is prescribed by statute , such shorter limitation shall
| ||||||
4 | apply . The , and the limitation set forth in this Section | ||||||
5 | section shall not apply to jurisdictional challenges any
order | ||||||
6 | where the judge, body or officer entering the order annexing | ||||||
7 | the
territory or creating the new district did not at the time | ||||||
8 | of the entry of
such order have jurisdiction of the subject | ||||||
9 | matter .
| ||||||
10 | (Source: P.A. 86-1334.)
| ||||||
11 | (105 ILCS 5/7-31 new) | ||||||
12 | Sec. 7-31. Applicability of amendatory Act. For any | ||||||
13 | petition filed with the regional superintendent of schools | ||||||
14 | under this Article prior to the effective date of this | ||||||
15 | amendatory Act of the 100th General Assembly, including a | ||||||
16 | petition for a rehearing pursuant to subsection (n) of Section | ||||||
17 | 7-6 of this Code, the proposed action described in the | ||||||
18 | petition, including all notices, hearings, administrative | ||||||
19 | decisions, ballots, elections, and passage requirements | ||||||
20 | relating thereto, shall proceed and be in accordance with the | ||||||
21 | law in effect prior to the effective date of this amendatory | ||||||
22 | Act of the 100th General Assembly. | ||||||
23 | (105 ILCS 5/10-22.35B new) | ||||||
24 | Sec. 10-22.35B. Title to school sites and buildings. |
| |||||||
| |||||||
1 | (a) On January 1, 1994 (the effective date of Public Act | ||||||
2 | 88-155): (i) the legal title to all school buildings and school | ||||||
3 | sites used or occupied for school purposes by a school district | ||||||
4 | located in a Class I county school unit or held for the use of | ||||||
5 | any such school district by and in the name of the regional | ||||||
6 | board of school trustees shall vest in the school board of the | ||||||
7 | school district, and the legal title to those school buildings | ||||||
8 | and school sites shall be deemed transferred by operation of | ||||||
9 | law to the school board of the school district, to be used for | ||||||
10 | school purposes and held, sold, leased, exchanged, or otherwise | ||||||
11 | transferred in accordance with law; and (ii) the legal title to | ||||||
12 | all school buildings and school sites used or occupied for | ||||||
13 | school purposes by a school district that is located in a Class | ||||||
14 | II county school unit and that has withdrawn from the | ||||||
15 | jurisdiction and authority of the trustees of schools of a | ||||||
16 | township and the township treasurer under subsection (b) of | ||||||
17 | Section 5-1 of this Code or held for the use of any such school | ||||||
18 | district by and in the name of the regional board of school | ||||||
19 | trustees at the time that regional board of school trustees was | ||||||
20 | abolished by Public Act 87-969 shall vest in the school board | ||||||
21 | of the school district, and the legal title to those school | ||||||
22 | buildings and school sites shall be deemed transferred by | ||||||
23 | operation of law to the school district, to be used for school | ||||||
24 | purposes and held, sold, leased, exchanged, or otherwise | ||||||
25 | transferred in accordance with law. | ||||||
26 | (b) The school board of each school district to which |
| |||||||
| |||||||
1 | subsection (a) of this Section is applicable may receive any | ||||||
2 | gift, grant, donation, or legacy made for the use of any school | ||||||
3 | or for any school purpose within its jurisdiction and shall | ||||||
4 | succeed to any gift, grant, donation, or legacy heretofore | ||||||
5 | received by the regional board of school trustees, either from | ||||||
6 | the township school trustees within their jurisdiction or from | ||||||
7 | any other source, for the use of any school of the district | ||||||
8 | served by the school board or for any other school purpose of | ||||||
9 | that school district. All conveyances of real estate made to | ||||||
10 | the school board of a school district under this Section shall | ||||||
11 | be made to the school board in its corporate name and to its | ||||||
12 | successors in office. | ||||||
13 | (c) All school districts and high school districts may take | ||||||
14 | and convey title to real estate to be improved by buildings or | ||||||
15 | other structures for vocational or other educational training | ||||||
16 | as provided in Section 10-23.3 of this Code. | ||||||
17 | (d) Nothing in this Section shall be deemed to apply to any | ||||||
18 | common school lands or lands granted or exchanged therefor or | ||||||
19 | to the manner in which such lands are managed and controlled | ||||||
20 | for the use and benefit of the school township and the schools | ||||||
21 | of the township by the township land commissioners, the | ||||||
22 | regional board of school trustees (acting as the township land | ||||||
23 | commissioners), or the trustees of schools of the township, | ||||||
24 | which hold legal title to those lands; and they may continue to | ||||||
25 | receive gifts, grants, donations, or legacies made for the use | ||||||
26 | of the school township and for the schools of the township |
| |||||||
| |||||||
1 | generally in the same manner as such gifts, grants, donations, | ||||||
2 | or legacies were made prior to January 1, 1994.
| ||||||
3 | (105 ILCS 5/12-24) (from Ch. 122, par. 12-24)
| ||||||
4 | Sec. 12-24. Elimination of non-high school district.
The | ||||||
5 | territory of the non-high school district or unit district not | ||||||
6 | maintaining
a high school in existence on January 1, 1950 of | ||||||
7 | any county having a
population of 500,000 or less shall be | ||||||
8 | automatically eliminated from the
non-high school district or | ||||||
9 | unit district, unless (1) the non-high school territory is
| ||||||
10 | adjacent to a district created by a special Act whose | ||||||
11 | boundaries are
required by such Act to be coterminous with some | ||||||
12 | city or village or to a
district maintaining grades 1 through | ||||||
13 | 12 and (2) has children in such
territory who customarily | ||||||
14 | attend the high school of such district and
(3) has no school | ||||||
15 | district operating grades 9 through 12 to which such
territory | ||||||
16 | could be annexed without impairing the educational
| ||||||
17 | opportunities of the children of such territory and in such | ||||||
18 | case the
territory shall remain non-high school territory.
| ||||||
19 | Any such non-high school district including any unit | ||||||
20 | district not maintaining
a high school pursuant to the | ||||||
21 | provisions of this Section shall pay tuition
for high school | ||||||
22 | students at a rate to be mutually agreed by the boards of
| ||||||
23 | education of each district affected.
| ||||||
24 | When territory is eliminated from a non-high school | ||||||
25 | district or unit district
not maintaining a high school it |
| |||||||
| |||||||
1 | shall
be annexed by the county board of school trustees as | ||||||
2 | provided in Section
7-27 of this Code (now repealed) Act .
| ||||||
3 | Any non-high school district affected by such elimination | ||||||
4 | and
annexation may continue to exercise all previously | ||||||
5 | conferred and existing
powers pending final administrative or | ||||||
6 | judicial affirmance thereof.
| ||||||
7 | (Source: P.A. 81-950.)
| ||||||
8 | (105 ILCS 5/16-2) (from Ch. 122, par. 16-2)
| ||||||
9 | Sec. 16-2.
Joint
use of site and building.
Whenever the | ||||||
10 | school boards of two or more school districts have agreed
upon | ||||||
11 | the joint use of any school site and compensation to be paid | ||||||
12 | therefor,
and any such site has been selected in the manner | ||||||
13 | required by law, it is
lawful for such districts to use the | ||||||
14 | same school site and after payment of
the compensation, the | ||||||
15 | trustees of schools of the township or regional board
of school | ||||||
16 | trustees, as the case may be, by proper instrument in writing
| ||||||
17 | shall declare that title to such site is held for the joint use | ||||||
18 | of such
districts according to the terms of such agreement, and | ||||||
19 | such districts
shall be further authorized to construct, | ||||||
20 | maintain and use a building
jointly for the benefit of the | ||||||
21 | inhabitants thereof.
Notwithstanding any other provisions of | ||||||
22 | this Section:
| ||||||
23 | (1) If legal title to the selected site is held in the name | ||||||
24 | of the school
board of a school district that has agreed to the | ||||||
25 | joint use of the site with
any other school districts, and if |
| |||||||
| |||||||
1 | those other school districts are also
districts
whose school | ||||||
2 | boards, under subsection (a) of Section 10-22.35B of this Code | ||||||
3 | 7-28 , are to hold legal
title to school buildings and school | ||||||
4 | sites of the district, then upon the
execution of the agreement | ||||||
5 | and payment of the compensation in accordance with
the terms of | ||||||
6 | the agreement the school boards of the districts shall be | ||||||
7 | deemed
to hold legal title to the site as tenants in common, | ||||||
8 | and the required deed or
deeds of conveyance shall be executed | ||||||
9 | and delivered by the president and
secretary or clerk of the | ||||||
10 | school boards to reflect that legal title to the
selected site | ||||||
11 | is held in that manner.
| ||||||
12 | (2) If one more but not all of the school boards that are | ||||||
13 | party to the
agreement are school boards that, under subsection | ||||||
14 | (a) of Section 10-22.35B of this Code 7-28 , are to
hold legal | ||||||
15 | title to the school buildings and school sites of the district, | ||||||
16 | the
interest in the selected site of each school board that is | ||||||
17 | to hold legal title
to the school buildings and school sites of | ||||||
18 | the district shall be that of a
tenant in common; and the | ||||||
19 | required deed or deeds of conveyance shall be
executed and | ||||||
20 | delivered by the president and secretary or clerk of the | ||||||
21 | trustees
of schools of the township, regional board of school | ||||||
22 | trustees, township land
commissioners, or school boards, as the | ||||||
23 | case may be, to reflect that tenancy in
common interest of the | ||||||
24 | appropriate school board or school boards with the
trustees of | ||||||
25 | schools of the township, regional board of school trustees or
| ||||||
26 | township land commissioners, as the case may be, in the legal |
| |||||||
| |||||||
1 | title to the
selected site.
| ||||||
2 | (Source: P.A. 88-155.)
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3 | (105 ILCS 5/32-4.6) (from Ch. 122, par. 32-4.6)
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4 | Sec. 32-4.6. Title, care and custody of property; | ||||||
5 | supervision and control.
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6 | The title, care and custody of all schoolhouses and school | ||||||
7 | sites
belonging to districts that are described in Section | ||||||
8 | 32-2.11 and that are
not districts whose school boards under | ||||||
9 | subsection (a) of Section 10-22.35B of this Code 7-28 are to
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10 | hold legal title to school buildings and school sites of the | ||||||
11 | district shall
be vested in the
trustees of schools of the | ||||||
12 | townships in which the districts are situated, but the | ||||||
13 | supervision
and control of such schoolhouses and sites shall be | ||||||
14 | vested in the board of
inspectors of the districts.
In all | ||||||
15 | other cases, the legal title, care, custody and control of | ||||||
16 | school
houses and school sites belonging to districts that are | ||||||
17 | described in Section
32-2.11, together with the supervision and | ||||||
18 | control of those school houses and
sites, shall be vested in | ||||||
19 | the board of inspectors of the districts.
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20 | (Source: P.A. 88-155.)
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21 | (105 ILCS 5/7-01 rep.)
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22 | (105 ILCS 5/7-2 rep.)
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23 | (105 ILCS 5/7-13 rep.)
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24 | (105 ILCS 5/7-27 rep.)
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1 | (105 ILCS 5/7-28 rep.)
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2 | (105 ILCS 5/7-30 rep.)
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3 | Section 10. The School Code is amended by repealing | ||||||
4 | Sections 7-01, 7-2, 7-13, 7-27, 7-28, and 7-30.
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5 | Section 99. Effective date. This Act takes effect July 1, | ||||||
6 | 2017.".
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