98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1877

 

Introduced 2/15/2013, by Sen. Andy Manar

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the School Code. Provides that any school district with an enrollment of less than 750 students shall be dissolved and its territory annexed by the regional board of school trustees upon the filing of a petition. Provides that if, pursuant to petition, all of the territory of a district is to be annexed to another district, then the annexing district and the annexed district need not be contiguous if certain requirements are met and documented. Provides that 2 or more school districts not contiguous to each other, each of which has an enrollment in grades 9 through 12 of less than 600 students, may jointly operate one or more cooperative high schools if certain requirements are met and documented. Provides that (i) any 2 or more entire elementary districts that are not contiguous, (ii) any 2 or more entire high school districts that are not contiguous, or (iii) any 2 or more entire unit districts that are not contiguous may be organized into a combined school district if certain requirements are met and documented. Provides that if (1) a petition is filed for the reorganization of 2 or more school districts that requires a new school building to effectively educate students, (2) the change is granted and approved at an election, and (3) no appeal is taken, then, with the approval of the regional superintendent of schools, the change may become effective after one or more of the school districts have been awarded school construction grants; provides for the voiding of a petition. Makes other changes. Effective immediately.


LRB098 10668 RPM 40971 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB1877LRB098 10668 RPM 40971 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
57-2a, 7-4, 10-22.22c, 11E-20, 11E-45, and 11E-70 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 this
8Section, any petition for dissolution filed under this Article
9must specify the school district or districts to which all of
10the territory of the district proposed to be dissolved will be
11annexed. Any petition for dissolution may be made by the board
12of education of the district or a majority of the legal voters
13residing in the district proposed to be dissolved. No petition
14from any other district affected by the proposed dissolution
15shall be required.
16    (b) Any school district with a population of less than
175,000 residents or an enrollment of less than 750 students, as
18determined by the district's current fall housing report filed
19with the State Board of Education, shall be dissolved and its
20territory annexed as provided in Section 7-11 by the regional
21board of school trustees upon the filing with the regional
22board of school trustees of a petition adopted by resolution of
23the board of education or a petition signed by a majority of

 

 

SB1877- 2 -LRB098 10668 RPM 40971 b

1the registered voters of the district seeking such dissolution.
2No petition shall be adopted or signed under this subsection
3until the board of education or the petitioners, as the case
4may be, shall have given at least 10 days' notice to be
5published once in a newspaper having general circulation in the
6district and shall have conducted a public informational
7meeting to inform the residents of the district of the proposed
8dissolution and to answer questions concerning the proposed
9dissolution. The petition shall be filed with and decided
10solely by the regional board of school trustees of the region
11in which the regional superintendent of schools has supervision
12of the school district being dissolved. The regional board of
13school trustees shall not act on a petition filed by a board of
14education if within 45 days after giving notice of the hearing
15required under Section 7-11 a petition in opposition to the
16petition of the board to dissolve, signed by a majority of the
17registered voters of the district, is filed with the regional
18board of school trustees. The regional board of school trustees
19shall have no authority to deny dissolution requested in a
20proper petition for dissolution filed under this subsection
21(b), but shall exercise its discretion in accordance with
22Section 7-11 on the issue of annexing the territory of a
23district being dissolved, giving consideration to but not being
24bound by the wishes expressed by the residents of the various
25school districts that may be affected by such annexation.
26    When dissolution and annexation become effective for

 

 

SB1877- 3 -LRB098 10668 RPM 40971 b

1purposes of administration and attendance as determined
2pursuant to Section 7-11, the positions of teachers in
3contractual continued service in the district being dissolved
4are transferred to an annexing district or to annexing
5districts pursuant to the provisions of Section 24-12 relative
6to teachers having contractual continued service status whose
7positions are transferred from one board to the control of a
8different board, and those said provisions of Section 24-12
9shall apply to said transferred teachers. In the event that the
10territory is added to 2 or more districts, the decision on
11which positions shall be transferred to which annexing
12districts shall be made giving consideration to the
13proportionate percent of pupils transferred and the annexing
14districts' staffing needs, and the transfer of specific
15individuals into such positions shall be based upon the request
16of those teachers in order of seniority in the dissolving
17district. The contractual continued service status of any
18teacher thereby transferred to an annexing district is not lost
19and the different board is subject to this Act with respect to
20such transferred teacher in the same manner as if such teacher
21was that district's employee and had been its employee during
22the time such teacher was actually employed by the board of the
23dissolving district from which the position was transferred.
24(Source: P.A. 86-13; 87-1215.)
 
25    (105 ILCS 5/7-4)  (from Ch. 122, par. 7-4)

 

 

SB1877- 4 -LRB098 10668 RPM 40971 b

1    Sec. 7-4. Requirements for granting petitions. No petition
2shall be granted under Section Sections 7-1 or 7-2 of this Code
3Act:
4    (a) If there will be any non-high school territory
5resulting from the granting of the petition.
6    (b) Unless after granting the petition any community unit
7district, community consolidated district, elementary district
8or high school district created shall have a population of at
9least 2,000 and an equalized assessed valuation of at least
10$6,000,000 based upon the last value as equalized by the
11Department of Revenue as of the date of filing of the petition.
12    (c) Unless the territory within any district so created or
13any district whose boundaries are affected by the granting of a
14petition shall after the granting thereof be compact and
15contiguous, except as provided in Section 7-6 of this Code or
16as otherwise provided in this subdivision (c) Act. The fact
17that a district is divided by territory lying within the
18corporate limits of the city of Chicago shall not render it
19non-compact or non-contiguous. If, pursuant to a petition filed
20under Section 7-1 or 7-2 of this Code, all of the territory of
21a district is to be annexed to another district, then the
22annexing district and the annexed district need not be
23contiguous if the following requirements are met and documented
24within 2 calendar years prior to the petition filing date:
25        (1) the distance between each district administrative
26    office is documented as no more than 30 miles;

 

 

SB1877- 5 -LRB098 10668 RPM 40971 b

1        (2) every district contiguous to the district wishing
2    to be annexed determines that it is not interested in
3    participating in a petition filed under Section 7-1 or 7-2
4    of this Code, through a vote of its school board, and
5    documents that non-interest in a letter to the regional
6    board of school trustees containing approved minutes that
7    record the school board vote; and
8        (3) documentation of meeting these requirements are
9    presented as evidence at the hearing required under Section
10    7-6 of this Code.
11    (d) To create any school district with a population of less
12than 2,000 unless the State Board of Education and the regional
13superintendent of schools for the region in which the proposed
14district will lie shall certify to the regional board or boards
15of school trustees that the creation of such new district will
16not interfere with the ultimate reorganization of the territory
17of such proposed district as a part of a district having a
18population of 2,000 or more. Notwithstanding any other
19provisions of this Article, the granting or approval by a
20regional board or regional boards of school trustees or by the
21State Superintendent of Education of a petition that under
22subsection (b-5) of Section 7-6 is required to request the
23submission of a proposition at a regular scheduled election for
24the purpose of voting for or against the annexation of the
25territory described in the petition to the school district
26proposing to annex that territory is subject to, and any change

 

 

SB1877- 6 -LRB098 10668 RPM 40971 b

1in school district boundaries pursuant to the granting of the
2petition shall not be made except upon, approval of the
3proposition at the election in the manner provided by Section
47-7.7.
5(Source: P.A. 89-397, eff. 8-20-95; 90-459, eff. 8-17-97.)
 
6    (105 ILCS 5/10-22.22c)  (from Ch. 122, par. 10-22.22c)
7    Sec. 10-22.22c. (a) Subject to the following provisions of
8this Section two or more contiguous school districts each of
9which has an enrollment in grades 9 through 12 of less than 600
10students may, when in their judgment the interest of the
11districts and of the students therein will be best served,
12jointly operate one or more cooperative high schools. Such
13action shall be taken for a minimum period of 20 school years,
14and may be taken only with the approval of the voters of each
15district. A district with 600 or more students enrolled in
16grades 9 through 12 may qualify for inclusion with one or more
17districts having less than 600 such students by receiving a
18size waiver from the State Board of Education based on a
19finding that such inclusion would significantly increase the
20educational opportunities of the district's students, and by
21meeting the other prerequisites of this Section. The board of
22each district contemplating such joint operation shall, by
23proper resolution, cause the proposition to enter into such
24joint operation to be submitted to the voters of the district
25at a regularly scheduled election. Notice shall be published at

 

 

SB1877- 7 -LRB098 10668 RPM 40971 b

1least 10 days prior to the date of the election at least once
2in one or more newspapers published in the district or, if no
3newspaper is published in the district, in one or more
4newspapers with a general circulation within the district. The
5notice shall be substantially in the following form:
6
NOTICE OF REFERENDUM FOR SCHOOL DISTRICT
7
NO. ....... AND SCHOOL DISTRICT NO. .......
8
TO JOINTLY OPERATE (A) COOPERATIVE HIGH
9
SCHOOL (SCHOOLS)
10    Notice is hereby given that on (insert date), a referendum
11will be held in ....... County (Counties) for the purpose of
12voting for or against the proposition for School District No.
13....... and School District No. ....... to jointly operate (a)
14cooperative high school (schools).
15    The polls will be open at ....... o'clock ... m., and close
16at ....... o'clock ... m., of the same day.
17
A ........ B ........
18Dated (insert date).
19Regional Superintendent of Schools
 
20    The proposition shall be in substantially the following
21form:
22-------------------------------------------------------------
23Shall the Board of Education of
24School District No. ...., .....                 YES
25County (Counties), Illinois be

 

 

SB1877- 8 -LRB098 10668 RPM 40971 b

1authorized to enter with
2into an agreement with School          ----------------------
3District No. ...., .... County
4(Counties), Illinois to jointly
5operate (a) cooperative high                     NO
6school (schools)?
7-------------------------------------------------------------
8If the majority of those voting on the proposition in each
9district vote in favor of the proposition, the school boards of
10the participating districts may, if they agree on terms,
11execute a contract for such joint operation subject to the
12following provisions of this Section.
13    (b) The agreement for joint operation of any such
14cooperative high school shall include, but not be limited to,
15provisions for administration, staff, programs, financing,
16facilities, and transportation. Such agreements may be
17modified, extended, or terminated by approval of each of the
18participating districts, provided that a district may withdraw
19from the agreement during its initial 20-year term only if the
20district is reorganizing with one or more districts under other
21provisions of this Code. Even if 2 or more of the participating
22district boards approve an extension of the agreement, any
23other participating district shall, upon failure of its board
24to approve such extension, disengage from such participation at
25the end of the then current agreement term.
26    (c) A governing board, which shall govern the operation of

 

 

SB1877- 9 -LRB098 10668 RPM 40971 b

1any such cooperative high school, shall be composed of an equal
2number of board members from each of the participating
3districts, except that where all participating district boards
4concur, membership on the governing board may be apportioned to
5reflect the number of students in each respective district who
6attend the cooperative high school. The membership of the
7governing board shall be not less than 6 nor more than 10 and
8shall be set by the agreement entered into by the participating
9districts. The school board of each participating district
10shall select, from its membership, its representatives on the
11governing board. The governing board shall prepare and adopt a
12budget for the cooperative high school. The governing board
13shall administer the cooperative high school in accordance with
14the agreement of the districts and shall have the power to
15hire, supervise, and terminate staff; to enter into contracts;
16to adopt policies for the school; and to take all other actions
17necessary and proper for the operation of the school. However,
18the governing board may not levy taxes or incur any
19indebtedness except within the annual budget approved by the
20participating districts.
21    (d) (Blank).
22    (e) Each participating district shall pay its per capita
23cost of educating the students residing in its district and
24attending any such cooperative high school into the budget for
25the maintenance and operation of the cooperative high school.
26    The manner of determining per capita cost shall be set

 

 

SB1877- 10 -LRB098 10668 RPM 40971 b

1forth in the agreement. Each district shall pay the amount owed
2the governing board under the terms of the agreement from the
3fund that the district would have used if the district had
4incurred the costs directly and may levy taxes and issue bonds
5as otherwise authorized for these purposes in order to make
6payments to the governing board.
7    (f) Additional school districts having an enrollment in
8grades 9 through 12 of less than 600 students may be added to
9the agreement in accordance with the process described in
10subsection (a) of this Section. In the event additional
11districts are added, a new contract shall be executed in
12accordance with the provisions of this Section.
13    (g) Upon formation of the cooperative high school, the
14school board of each participating district shall:
15        (1) confer and coordinate with each other and the
16    governing board, if the governing board is then in
17    existence, as to staffing needs for the cooperative high
18    school;
19        (2) in consultation with any exclusive employee
20    representatives and the governing board, if the governing
21    board is then in existence, establish a combined list of
22    teachers in all participating districts, categorized by
23    positions, showing the length of service and the
24    contractual continued service status, if any, of each
25    teacher in each participating district who is qualified to
26    hold any such positions at the cooperative high school, and

 

 

SB1877- 11 -LRB098 10668 RPM 40971 b

1    then distribute this list to the exclusive employee
2    representatives on or before February 1 of the school year
3    prior to the commencement of the operation of the
4    cooperative high school or within 30 days after the date of
5    the referendum election if the proposition receives a
6    majority of those voting in each district, whichever occurs
7    first. This list is in addition to and not a substitute for
8    the list mandated by Section 24-12 of this Code; and
9        (3) transfer to the governing board of the cooperative
10    high school the employment and the position of so many of
11    the full-time or part-time high school teachers employed by
12    a participating district as are jointly determined by the
13    school boards of the participating districts and the
14    governing board, if the governing board is then in
15    existence, to be needed at the cooperative high school,
16    provided that these teacher transfers shall be done:
17            (A) by categories listed on the seniority list
18        mentioned in subdivision (2) of this subsection (g);
19            (B) in each category, by having teachers in
20        contractual continued service being transferred before
21        any teachers who are not in contractual continued
22        service; and
23            (C) in order from greatest seniority first through
24        lesser amounts of seniority.
25    A teacher who is not in contractual continued service shall
26not be transferred if there is a teacher in contractual

 

 

SB1877- 12 -LRB098 10668 RPM 40971 b

1continued service in the same category who is qualified to hold
2the position that is to be filled.
3    If there are more teachers who have entered upon
4contractual continued service than there are available
5positions at the cooperative high school or within other
6assignments in the district, a school board shall first remove
7or dismiss all teachers who have not entered upon contractual
8continued service before removing or dismissing any teacher who
9has entered upon contractual continued service and who is
10legally qualified (i) to hold a position at the cooperative
11high school planned to be held by a teacher who has not entered
12upon contractual continued service or (ii) to hold another
13position in the participating district. As between teachers who
14have entered upon contractual continued service, the teacher or
15teachers with the shorter length of continuing service in any
16of the participating districts shall be dismissed first. Any
17teacher dismissed as a result of such a decrease shall be paid
18all earned compensation on or before the third business day
19following the last day of pupil attendance in the regular
20school term. If the school board that has dismissed a teacher
21or the governing board has any vacancies for the following
22school term or within one calendar year from the beginning of
23the following school term, the positions thereby becoming
24available shall be tendered to the teachers so removed or
25dismissed so far as they are legally qualified to hold such
26positions. However, if the number of honorable dismissal

 

 

SB1877- 13 -LRB098 10668 RPM 40971 b

1notices in all participating districts exceeds 15% of full-time
2equivalent positions filled by certified employees (excluding
3principals and administrative personnel) during the preceding
4school year in all participating districts and if the school
5board that has dismissed a teacher or the governing board has
6any vacancies for the following school term or within 2
7calendar years from the beginning of the following school term,
8the positions so becoming available shall be tendered to the
9teachers who were so notified, removed, or dismissed whenever
10these teachers are legally qualified to hold such positions.
11    The provisions of Section 24-12 of this Code concerning
12teachers whose positions are transferred from one board to the
13control of a different board shall apply to the teachers who
14are transferred. The contractual continued service of any
15transferred teacher is not lost and the governing board is
16subject to this Code with respect to the teacher in the same
17manner as if the teacher had been the governing board's
18employee during the time the teacher was actually employed by
19the board of the district from which the position and the
20teacher's employment were transferred. The time spent in
21employment with a participating district by any teacher who has
22not yet entered upon contractual continued service and who is
23transferred to the governing board is not lost when computing
24the time necessary for the teacher to enter upon contractual
25continued service, and the governing board is subject to this
26Code with respect to the teacher in the same manner as if the

 

 

SB1877- 14 -LRB098 10668 RPM 40971 b

1teacher had been the governing board's employee during the time
2the teacher was actually employed by the school board from
3which the position and the teacher's employment were
4transferred.
5    If the cooperative high school is dissolved, any teacher
6who was transferred from a participating district shall be
7transferred back to the district and Section 24-12 of this Code
8shall apply. In that case, a district is subject to this Code
9in the same manner as if the teacher transferred back had been
10continuously in the service of the receiving district.
11    (h) Upon formation of the cooperative high school, the
12school board of each participating district shall:
13        (1) confer and coordinate with each other and the
14    governing board, if the governing board is then in
15    existence, as to needs for educational support personnel
16    for the cooperative high school;
17        (2) in consultation with any exclusive employee
18    representative or bargaining agent and the governing
19    board, if the governing board is then in existence,
20    establish a combined list of educational support personnel
21    in participating districts, categorized by positions,
22    showing the length of continuing service of each full-time
23    educational support personnel employee who is qualified to
24    hold any such position at the cooperative high school, and
25    then distribute this list to the exclusive employee
26    representative or bargaining agent on or before February 1

 

 

SB1877- 15 -LRB098 10668 RPM 40971 b

1    of the school year prior to the commencement of the
2    operation of the cooperative high school or within 30 days
3    after the date of the referendum election if the
4    proposition receives a majority of those voting in each
5    district, whichever occurs first; and
6        (3) transfer to the governing board of the cooperative
7    high school the employment and the positions of so many of
8    the full-time educational support personnel employees
9    employed by a participating district as are jointly
10    determined by the school boards of the participating
11    districts and the governing board, if the governing board
12    is then in existence, to be needed at the cooperative high
13    school, provided that the full-time educational personnel
14    employee transfers shall be done by categories on the
15    seniority list mentioned in subdivision (2) of this
16    subsection (h) and done in order from greatest seniority
17    first through lesser amounts of seniority.
18    If there are more full-time educational support personnel
19employees than there are available positions at the cooperative
20high school or in the participating district, a school board
21shall first remove or dismiss those educational support
22personnel employees with the shorter length of continuing
23service in any of the participating districts, within the
24respective category of position. The governing board is subject
25to this Code with respect to the educational support personnel
26employee as if the educational support personnel employee had

 

 

SB1877- 16 -LRB098 10668 RPM 40971 b

1been the governing board's employee during the time the
2educational support personnel employee was actually employed
3by the school board of the district from which the employment
4and position were transferred. Any educational support
5personnel employee dismissed as a result of such a decrease
6shall be paid all earned compensation on or before the third
7business day following his or her last day of employment. If
8the school board that has dismissed the educational support
9personnel employee or the governing board has any vacancies for
10the following school term or within one calendar year from the
11beginning of the following school term, the positions thereby
12becoming available within a specific category of position shall
13be tendered to the employees so removed or dismissed from that
14category of position so far as they are legally qualified to
15hold such positions. If the cooperative high school is
16dissolved, any educational support personnel employee who was
17transferred from a participating district shall be transferred
18back to the district and Section 10-23.5 of this Code shall
19apply. In that case, a district is subject to this Code in the
20same manner as if the educational support personnel employee
21transferred back had been continuously in the service of the
22receiving district.
23    (i) Two or more school districts not contiguous to each
24other, each of which has an enrollment in grades 9 through 12
25of less than 600 students, may jointly operate one or more
26cooperative high schools if the following requirements are met

 

 

SB1877- 17 -LRB098 10668 RPM 40971 b

1and documented within 2 calendar years prior to the proposition
2filing date, pursuant to subsection (a) of this Section:
3        (1) the distance between each district administrative
4    office is documented as no more than 30 miles;
5        (2) every district contiguous to the district wishing
6    to operate one or more cooperative high schools under the
7    provisions of this Section determines that it is not
8    interested in participating in such joint operation,
9    through a vote of its school board, and documents that
10    non-interest in a letter to the districts wishing to form
11    the cooperative high school containing approved minutes
12    that record the school board vote;
13        (3) documentation of meeting these requirements is
14    attached to the board resolution required under subsection
15    (a) of this Section; and
16        (4) all other provisions of this Section are followed.
17(Source: P.A. 91-63, eff. 1-1-00; 91-357, eff. 7-29-99.)
 
18    (105 ILCS 5/11E-20)
19    Sec. 11E-20. Combined school district formation.
20    (a)(1) The territory of 2 or more entire contiguous
21elementary districts may be organized into a combined
22elementary district under the provisions of this Article.
23        (2) Any 2 or more entire elementary districts that
24    collectively are within or substantially coterminous with
25    the boundaries of a high school district, regardless of

 

 

SB1877- 18 -LRB098 10668 RPM 40971 b

1    whether the districts are compact and contiguous with each
2    other, may be organized into a combined school district in
3    accordance with this Article.
4        (3) Any 2 or more entire elementary districts that are
5    not contiguous may be organized into a combined school
6    district in accordance with this Article if the following
7    requirements are met and documented within 2 calendar years
8    prior to the petition filing date:
9            (A) the distance between each district
10        administrative office is documented as no more than 30
11        miles; and
12            (B) every district contiguous to a district
13        wishing to organize into a combined school district
14        under the provisions of this paragraph (3) determines
15        that it is not interested in participating in a
16        petition for a combined school district filed in
17        accordance with this Article, through a vote of its
18        school board, and documents that non-interest in a
19        letter to the regional superintendent of schools
20        containing approved minutes that record the school
21        board vote.
22    (b)(1) The territory of Any 2 or more entire contiguous
23high school districts may be organized into a combined high
24school district under the provisions of this Article.
25        (2) Any 2 or more entire high school districts that are
26    not contiguous may be organized into a combined school

 

 

SB1877- 19 -LRB098 10668 RPM 40971 b

1    district in accordance with this Article if the following
2    requirements are met and documented within 2 calendar years
3    prior to the petition filing date:
4            (A) the distance between each district
5        administrative office is documented as no more than 30
6        miles; and
7            (B) every district contiguous to a district
8        wishing to organize into a combined school district
9        under the provisions of this paragraph (2) determines
10        that it is not interested in participating in a
11        petition for a combined school district filed in
12        accordance with this Article, through a vote of its
13        school board, and documents that non-interest in a
14        letter to the regional superintendent of schools
15        containing approved minutes that record the school
16        board vote.
17    (c)(1) The territory of Any 2 or more entire contiguous
18unit districts may be organized into a combined unit district
19under the provisions of this Article.
20        (2) Any 2 or more entire unit districts that are not
21    contiguous may be organized into a combined school district
22    in accordance with this Article if the following
23    requirements are met and documented within 2 calendar years
24    prior to the petition filing date:
25            (A) the distance between each district
26        administrative office is documented as no more than 30

 

 

SB1877- 20 -LRB098 10668 RPM 40971 b

1        miles; and
2            (B) every district contiguous to the district
3        wishing to organize into a combined school district
4        under the provisions of this paragraph (2) determines
5        that it is not interested in participating in a
6        petition for a combined school district filed in
7        accordance with this Article, through a vote of its
8        school board, and documents that non-interest in a
9        letter to the regional superintendent of schools
10        containing approved minutes that record the school
11        board vote.
12(Source: P.A. 94-1019, eff. 7-10-06.)
 
13    (105 ILCS 5/11E-45)
14    Sec. 11E-45. Hearing.
15    (a) No more than 15 days after the last date on which the
16required notice under Section 11E-40 of this Code is published,
17the regional superintendent of schools with whom the petition
18is required to be filed shall hold a hearing on the petition.
19Prior to the hearing, the Committee of Ten shall submit to the
20regional superintendent maps showing the districts involved
21and any other information deemed pertinent by the Committee of
22Ten to the proposed action. The regional superintendent of
23schools may adjourn the hearing from time to time or may
24continue the matter for want of sufficient notice or other good
25cause.

 

 

SB1877- 21 -LRB098 10668 RPM 40971 b

1    (b) At the hearing, the regional superintendent of schools
2shall allow public testimony on the action proposed in the
3petition. The Committee of Ten shall present, or arrange for
4the presentation of all of the following:
5        (1) Evidence as to the school needs and conditions in
6    the territory described in the petition and the area
7    adjacent thereto.
8        (2) Evidence with respect to the ability of the
9    proposed district or districts to meet standards of
10    recognition as prescribed by the State Board of Education.
11        (3) A consideration of the division of funds and assets
12    that will occur if the petition is approved.
13        (4) A description of the maximum tax rates the proposed
14    district or districts is authorized to levy for various
15    purposes and, if applicable, the specifications related to
16    the Property Tax Extension Limitation Law, in accordance
17    with Section 11E-80 of this Code.
18        (5) For a non-contiguous combined school district, as
19    specified in paragraph (3) of subsection (a), paragraph (2)
20    of subsection (b), or paragraph (2) of subsection (c) of
21    Section 11E-20 of this Code, evidence that the action
22    proposed in the petition meets the requirements of the
23    respective paragraph.
24    (c) Any regional superintendent of schools entitled under
25the provisions of this Article to be given a copy of the
26petition and any resident or representative of a school

 

 

SB1877- 22 -LRB098 10668 RPM 40971 b

1district in which any territory described in the petition is
2situated may appear in person or by an attorney at law to
3provide oral or written testimony or both in relation to the
4action proposed in the petition.
5    (d) The regional superintendent of schools shall arrange
6for a written transcript of the hearing. The expense of the
7written transcript shall be borne by the petitioners and paid
8on behalf of the petitioners by the Committee of Ten.
9(Source: P.A. 94-1019, eff. 7-10-06; 95-903, eff. 8-25-08.)
 
10    (105 ILCS 5/11E-70)
11    Sec. 11E-70. Effective date of change.
12    (a) Except as provided in subsections subsection (a-5) and
13(a-10) of this Section, if a petition is filed under the
14authority of this Article, the change is granted and approved
15at election, and no appeal is taken, then the change shall
16become effective after the time for appeal has run for the
17purpose of all elections; however, the change shall not affect
18the administration of the schools until July 1 following the
19date that the school board election is held for the new
20district or districts and the school boards of the districts as
21they existed prior to the change shall exercise the same power
22and authority over the territory until that date.
23    (a-5) If a petition is filed under the authority of this
24Article for the consolidation of Christopher Unit School
25District 99 and Zeigler-Royalton Community Unit School

 

 

SB1877- 23 -LRB098 10668 RPM 40971 b

1District 188, the change is granted and approved at election,
2and no appeal is taken, then the change shall become effective
3after one or both of the school districts have been awarded
4school construction grants under the School Construction Law.
5    (a-10) If (i) a petition is filed under the authority of
6this Article for the reorganization of 2 or more school
7districts that requires a new school building to effectively
8educate students, (ii) the change is granted and approved at an
9election, and (iii) no appeal is taken, then, with the approval
10of the regional superintendent of schools, the change may
11become effective after one or more of the school districts have
12been awarded school construction grants, in accordance with the
13School Construction Law. The intent to postpone the
14reorganization's effective date must be documented in the
15petition, and the petition is void if it does not take effect
16within 5 years after being filed. After the referendum approval
17and before the effective date of the reorganization, the
18petition becomes void if the following requirements are met:
19        (1) the board of each affected district, by proper
20    resolution, causes the proposition to void the petition to
21    be submitted to the voters of each affected district at a
22    regularly scheduled election; and
23        (2) a majority of the electors voting at the election
24    in each affected district votes in favor of voiding the
25    petition.
26    (b) If any school district is dissolved in accordance with

 

 

SB1877- 24 -LRB098 10668 RPM 40971 b

1this Article, upon the close of the then current school year,
2the terms of office of the school board of the dissolved
3district shall terminate.
4    (c) New districts shall be permitted to organize and elect
5officers within the time prescribed by the general election
6law. Additionally, between the date of the organization and the
7election of officers and the date on which the new district
8takes effect for all purposes, the new district shall also be
9permitted, with the stipulation of the districts from which the
10new district is formed and the approval of the regional
11superintendent of schools, to take all action necessary or
12appropriate to do the following:
13        (1) Establish the tax levy for the new district, in
14    lieu of the levies by the districts from which the new
15    district is formed, within the time generally provided by
16    law and in accordance with this Article. The funds produced
17    by the levy shall be transferred to the new district as
18    generally provided by law at such time as they are received
19    by the county collector.
20        (2) Enter into agreements with depositories and direct
21    the deposit and investment of any funds received from the
22    county collector or any other source, all as generally
23    provided by law.
24        (3) Conduct a search for the superintendent of the new
25    district and enter into a contract with the person selected
26    to serve as the superintendent of the new district in

 

 

SB1877- 25 -LRB098 10668 RPM 40971 b

1    accordance with the provisions of this Code generally
2    applicable to the employment of a superintendent.
3        (4) Conduct a search for other administrators and staff
4    of the new district and enter into a contract with these
5    persons in accordance with the provisions of this Code
6    generally applicable to the employment of administrators
7    and other staff.
8        (5) Engage the services of accountants, architects,
9    attorneys, and other consultants, including but not
10    limited to consultants to assist in the search for the
11    superintendent.
12        (6) Plan for the transition from the administration of
13    the schools by the districts from which the new district is
14    formed.
15        (7) Bargain collectively, pursuant to the Illinois
16    Educational Labor Relations Act, with the certified
17    exclusive bargaining representative or certified exclusive
18    bargaining representatives of the new district's
19    employees.
20        (8) Expend the funds received from the levy and any
21    funds received from the districts from which the new
22    district is formed to meet payroll and other essential
23    operating expenses or otherwise in the exercise of the
24    foregoing powers until the new district takes effect for
25    all purposes.
26        (9) Issue bonds authorized in the proposition to form

 

 

SB1877- 26 -LRB098 10668 RPM 40971 b

1    the new district or bonds pursuant to and in accordance
2    with all of the requirements of Section 17-2.11 of this
3    Code, levy taxes upon all of the taxable property within
4    the new district to pay the principal of and interest on
5    those bonds as provided by statute, expend the proceeds of
6    the bonds and enter into any necessary contracts for the
7    work financed therewith as authorized by statute, and avail
8    itself of the provisions of other applicable law, including
9    the Omnibus Bond Acts, in connection with the issuance of
10    those bonds.
11    (d) After the granting of a petition has become final and
12approved at election, the date when the change becomes
13effective for purposes of administration and attendance may be
14accelerated or postponed by stipulation of the school board of
15each district affected and approval by the regional
16superintendent of schools with which the original petition is
17required to be filed.
18(Source: P.A. 97-925, eff. 8-10-12.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.

 

 

SB1877- 27 -LRB098 10668 RPM 40971 b

1 INDEX
2 Statutes amended in order of appearance
3    105 ILCS 5/7-2afrom Ch. 122, par. 7-2a
4    105 ILCS 5/7-4from Ch. 122, par. 7-4
5    105 ILCS 5/10-22.22cfrom Ch. 122, par. 10-22.22c
6    105 ILCS 5/11E-20
7    105 ILCS 5/11E-45
8    105 ILCS 5/11E-70