093_HB0757sam001

 










                                     LRB093 05403 NHT 16399 a

 1                     AMENDMENT TO HOUSE BILL 757

 2        AMENDMENT NO.     .  Amend House Bill  757  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The  School  Code  is  amended by changing
 5    Section 7-2a as follows:

 6        (105 ILCS 5/7-2a) (from Ch. 122, par. 7-2a)
 7        Sec. 7-2a.  (a)  Except as provided in subsection (b)  of
 8    this  Section,  (i)  any petition for dissolution filed under
 9    this Article must specify the school district or districts to
10    which all of the territory of the  district  proposed  to  be
11    dissolved   will  be  annexed  and  (ii).  any  petition  for
12    dissolution may be made by the  board  of  education  of  the
13    district  or  a  majority  of  the  registered  legal  voters
14    residing  in  the  district  proposed  to  be  dissolved.  No
15    petition from any other district  affected  by  the  proposed
16    dissolution  shall  be  required.  A petition approved by the
17    regional board of school trustees that was initiated  by  the
18    registered  voters  residing  in  the district proposed to be
19    dissolved is not effective until the question of  dissolution
20    and  annexation  has  been  submitted to the electors in each
21    affected school district at a regular election and  has  been
22    approved  by  a  majority  of  the  electors in each affected
 
                            -2-      LRB093 05403 NHT 16399 a
 1    school district voting on the question. The regional board of
 2    school trustees must  certify  the  question  to  the  proper
 3    election  authority,  which  must  submit  the question at an
 4    election in accordance with the Election Code.
 5        (b)  Any school district with a population of  less  than
 6    5,000  residents shall be dissolved and its territory annexed
 7    as provided in Section 7-11 by the regional board  of  school
 8    trustees  upon  the  filing with the regional board of school
 9    trustees a request to  dissolve  of  a  petition  adopted  by
10    resolution  of the board of education or a petition signed by
11    a majority of the registered voters of the  district  seeking
12    such dissolution. If a petition is initiated by a majority of
13    the  registered voters in a school district with a population
14    of less than 5,000 residents and the petition seeks to  annex
15    the district in its entirety to another school district, then
16    the  petition,  if  approved  by the regional board of school
17    trustees, is not effective until the question of  dissolution
18    and  annexation  has  been  submitted to the electors in each
19    affected school district at a regular election and  has  been
20    approved  by  a  majority  of  the  electors in each affected
21    school district voting on the question. The regional board of
22    school trustees must  certify  the  question  to  the  proper
23    election  authority,  which  must  submit  the question at an
24    election in accordance with the Election Code.  No resolution
25    shall be adopted by the board of education or petition  shall
26    be  adopted  or  signed  under  this subsection (b) until the
27    board of education or the petitioners, as the  case  may  be,
28    shall  have  given  at  least 10 days' notice to be published
29    once  in  a  newspaper  having  general  circulation  in  the
30    district and shall  have  conducted  a  public  informational
31    meeting  to  inform  the  residents  of  the  district of the
32    proposed dissolution and to answer questions  concerning  the
33    proposed  dissolution.   The  resolution or petition shall be
34    filed with and decided solely by the regional board of school
 
                            -3-      LRB093 05403 NHT 16399 a
 1    trustees of the region in which the  regional  superintendent
 2    of  schools  has  supervision  of  the  school district being
 3    dissolved.  The regional board of school trustees  shall  not
 4    act on a resolution petition filed by a board of education if
 5    within  45  days  after giving notice of the hearing required
 6    under Section 7-11 a petition in opposition to the resolution
 7    petition of the board to dissolve, signed by  a  majority  of
 8    the  registered  voters  of  the  district, is filed with the
 9    regional board of school trustees.   The  regional  board  of
10    school  trustees  shall have no authority to deny dissolution
11    requested in a proper  resolution  petition  for  dissolution
12    filed  by a board of education under this subsection (b), but
13    shall exercise its discretion in accordance with Section 7-11
14    on the issue of annexing the territory of  a  district  being
15    dissolved, giving consideration to but not being bound by the
16    wishes  expressed  by  the  residents  of  the various school
17    districts that may be affected by such annexation.
18        When dissolution  and  annexation  become  effective  for
19    purposes  of  administration  and  attendance  as  determined
20    pursuant  to  Section  7-11,  the  positions  of  teachers in
21    contractual continued service in the district being dissolved
22    are transferred  to  an  annexing  district  or  to  annexing
23    districts   pursuant  to  the  provisions  of  Section  24-12
24    relative to teachers  having  contractual  continued  service
25    status  whose positions are transferred from one board to the
26    control of a different board, and those  said  provisions  of
27    Section  24-12  shall apply to said transferred teachers.  In
28    the event that the territory is added to 2 or more districts,
29    the decision on which positions shall be transferred to which
30    annexing districts shall be made giving consideration to  the
31    proportionate  percent of pupils transferred and the annexing
32    districts' staffing  needs,  and  the  transfer  of  specific
33    individuals  into  such  positions  shall  be  based upon the
34    request of those  teachers  in  order  of  seniority  in  the
 
                            -4-      LRB093 05403 NHT 16399 a
 1    dissolving   district.   The  contractual  continued  service
 2    status  of any teacher thereby  transferred  to  an  annexing
 3    district  is  not  lost and the different board is subject to
 4    this Act with respect to such transferred teacher in the same
 5    manner as if such teacher was that  district's  employee  and
 6    had  been  its  employee  during  the  time  such teacher was
 7    actually employed by the board  of  the  dissolving  district
 8    from which the position was transferred.
 9        The  changes  to this Section made by this amendatory Act
10    of the 93rd General Assembly do not apply to dissolutions  or
11    annexations  pending  before  a  school board or court on the
12    effective date of this amendatory Act  of  the  93rd  General
13    Assembly.
14    (Source: P.A. 86-13; 87-1215.)

15        Section  99.  Effective date.  This Act takes effect upon
16    becoming law.".