Illinois General Assembly - Full Text of HB3310
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Full Text of HB3310  102nd General Assembly

HB3310eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3310 EngrossedLRB102 13745 CMG 19095 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
57-1 as follows:
 
6    (105 ILCS 5/7-1)  (from Ch. 122, par. 7-1)
7    Sec. 7-1. Changing boundaries by detachment or
8dissolution.
9    (a) School district boundaries may be changed by
10detachment, annexation, division or dissolution or any
11combination thereof by the regional board of school trustees
12or by the State Superintendent of Education as provided in
13subsection (l) of Section 7-6.
14    The petition must be filed with and decided solely by the
15regional board of school trustees of the region in which the
16regional superintendent of schools has supervision and
17control, as defined in Section 3-14.2 of this Code, of the
18detaching or dissolving school district. The petition may be
19filed in any office operated by the regional superintendent
20with supervision and control, as defined in Section 3-14.2 of
21this Code, of the detaching or dissolving school district.
22    A petition for boundary change must be filed by the school
23board of the detaching or dissolving district, by a majority

 

 

HB3310 Engrossed- 2 -LRB102 13745 CMG 19095 b

1of the legal resident voters in the dissolving district, or by
2two-thirds of a combination of the legal resident voters and
3the owners of record of any real estate with no legal resident
4voters in any territory proposed to be detached. If any of the
5territory proposed to be detached contains real estate with no
6legal resident voters, petitioners shall deliver the petition
7by certified mail, return receipt requested, to all owners of
8record of any real estate with no legal resident voters. Proof
9of such delivery must be presented as evidence at the hearing
10required under Section 7-6 of this Code. Any owner of record of
11real estate with no legal resident voters in any territory
12proposed to be detached may either sign the petition in person
13and before the circulator as described in this Section or
14return the petition with his or her notarized signature to be
15included as a petitioner. No person may sign a petition in the
16capacity of both a legal resident voter and owner of record. If
17there are no legal resident voters within the territory
18proposed to be detached, then the petition must be signed by
19all of the owners of record of the real estate of the
20territory. Legal resident voters shall be determined by the
21official voter registration lists as of the date the petition
22is filed. No signatures shall be added or withdrawn after the
23date the petition is filed. The length of time for signatures
24to be valid, before filing of the petition, shall not exceed
25one year 6 months. Notwithstanding any provision to the
26contrary contained in the Election Code, the regional

 

 

HB3310 Engrossed- 3 -LRB102 13745 CMG 19095 b

1superintendent of schools shall make all determinations
2regarding the validity of the petition, including, without
3limitation, signatures on the petition. If the regional
4superintendent determines that the petition is not in proper
5order or not in compliance with any applicable petition
6requirements, the regional superintendent may not accept the
7petition for filing and may return the petition to the
8petitioners. Any party who is dissatisfied with the
9determination of the regional superintendent regarding the
10validity of the petition may appeal the regional
11superintendent's decision to the regional board of school
12trustees by motion, and the motion must be heard by the
13regional board of school trustees prior to any hearing on the
14merits of the petition.
15    Petitions for detachment and dissolution shall include the
16full prayer of the petition with a general description of the
17territory at the top of each page. Each signature contained
18therein shall match the official signature and address of the
19legal resident voters as recorded in the office of the county
20clerk or board of election commissioners, and each petitioner
21shall record the date of his or her signing. Except in
22instances of a notarized signature of an owner of record of
23real estate with no legal resident voters in any territory
24proposed to be detached, each page of the circulated petition
25shall be signed by a circulator stating that he or she has
26witnessed the signature of each petitioner on that page.

 

 

HB3310 Engrossed- 4 -LRB102 13745 CMG 19095 b

1Detachment petitions containing 10 or fewer signatures may be
2notarized in lieu of a circulator statement. Each petition
3shall include an accurate legal description and map of the
4territory proposed to be detached. If a petition proposes to
5dissolve an entire district, then the full name and number of
6the district and a map are sufficient. Each petition shall
7include the names of petitioners; the district to be dissolved
8or the district from which the territory is proposed to be
9detached; the district or districts to which the territory is
10proposed to be annexed; evidence that the detaching or
11dissolving territory is compact and contiguous with the
12annexing district or districts or otherwise meets the
13requirements set forth in Section 7-4 of this Code; the
14referendum date, if applicable; and facts that support
15favorable findings for the factors to be considered by the
16regional board of school trustees pursuant to Section 7-6 of
17this Code.
18    Where there is only one school building in an approved
19operating district, the building and building site may not be
20included in any detachment proceeding.
21    Notwithstanding any other provisions of this Code, if,
22pursuant to a petition filed under this subsection (a), all of
23the territory of a school district is to be annexed to another
24school district, then any action by the regional board of
25school trustees in granting or approving the petition and any
26change in school district boundaries pursuant to that action

 

 

HB3310 Engrossed- 5 -LRB102 13745 CMG 19095 b

1is subject to and the change in school district boundaries may
2not be made except upon approval, at a regular scheduled
3election, in the manner provided by Section 7-7.7 of this
4Code, of a proposition for the annexation of all of the
5territory of that school district to the other school
6district.
7    No petition may be filed under this Section to form a new
8school district under this Article; however, such a petition
9may be filed under this Section to form a new school district
10if the boundaries of such new school district lie entirely
11within the boundaries of a military base or installation
12operated and maintained by the government of the United
13States.
14    (b) Any elementary or high school district with 100 or
15more of its students residing upon territory located entirely
16within a military base or installation operated and maintained
17by the government of the United States, or any unit school
18district or any combination of the above mentioned districts
19with 300 or more of its students residing upon territory
20located entirely within a military base or installation
21operated and maintained by the government of the United
22States, shall, upon the filing with the regional board of
23school trustees of a petition adopted by resolution of the
24board of education or a petition signed by a majority of the
25registered voters residing upon such military base or
26installation, have all of the territory lying entirely within

 

 

HB3310 Engrossed- 6 -LRB102 13745 CMG 19095 b

1such military base or installation detached from such school
2district, and a new school district comprised of such
3territory shall be created. The petition shall be filed with
4and decided solely by the regional board of school trustees of
5the region in which the regional superintendent of schools has
6supervision and control, as defined by Section 3-14.2 of this
7Code, of the school district affected. The regional board of
8school trustees shall have no authority to deny the detachment
9and creation of a new school district requested in a proper
10petition filed under this subsection. This subsection shall
11apply only to those school districts having a population of
12not fewer than 1,000 and not more than 500,000 residents, as
13ascertained by any special or general census.
14    The new school district shall tuition its students to the
15same districts that its students were previously attending and
16the districts from which the new district was detached shall
17continue to educate the students from the new district, until
18the federal government provides other arrangements. The
19federal government shall pay for the education of such
20children as required by Section 6 of Public Law 81-874.
21    If a school district created under this subsection (b) has
22not elected a school board and has not become operational
23within 2 years after the date of detachment, then this
24district is automatically dissolved and the territory of this
25district reverts to the school district from which the
26territory was detached or any successor district thereto. Any

 

 

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1school district created under this subsection (b) on or before
2September 1, 1996 that has not elected a school board and has
3not been operational since September 1, 1996 is automatically
4dissolved on the effective date of this amendatory Act of
51999, and on this date the territory of this district reverts
6to the school district from which the territory was detached.
7For the automatic dissolution of a school district created
8under this subsection (b), the regional superintendent of
9schools who has supervision and control, as defined by Section
103-14.2 of this Code, of the school district from which the
11territory was detached shall certify to the regional board of
12school trustees that the school district created under this
13subsection (b) has been automatically dissolved.
14(Source: P.A. 100-374, eff. 8-25-17.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.