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093_HB2488
LRB093 08014 JAM 08212 b
1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5 Section 2A-1.1 as follows:
6 (10 ILCS 5/2A-1.1) (from Ch. 46, par. 2A-1.1)
7 Sec. 2A-1.1. All Elections - Consolidated Schedule. (a)
8 In even-numbered years, the general election shall be held on
9 the first Tuesday after the first Monday of November; and an
10 election to be known as the general primary election shall be
11 held on the third Tuesday in March;
12 (b) In odd-numbered years, an election to be known as
13 the consolidated election shall be held on the first Tuesday
14 in MayApril except as provided in Section 2A-1.1a of this
15 Act; and an election to be known as the consolidated primary
16 election shall be held on the thirdlast Tuesday in March
17 February.
18 (c) References in this Code and other statutes to a
19 consolidated election in April or a regularly scheduled
20 election in April mean the consolidated election on the first
21 Tuesday in May of odd-numbered years. References in this Code
22 and other statutes to a consolidated primary election in
23 February or a regularly scheduled election in February mean
24 the consolidated primary election on the third Tuesday in
25 March of odd-numbered years.
26 (Source: P.A. 90-358, eff. 1-1-98.)
27 Section 10. The School Code is amended by changing
28 Sections 7A-2, 11A-3, 11B-3 and 33-1 as follows:
29 (105 ILCS 5/7A-2) (from Ch. 122, par. 7A-2)
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1 Sec. 7A-2. Petition filing; notice; hearing; decision.
2 Any petition to dissolve a unit school district, create an
3 elementary school district therefrom and annex the same
4 territory to a contiguous high school district as provided in
5 Section 7A-1 shall be filed with the regional superintendent
6 of schools of the educational service region in which the
7 territory described in the petition or the greater portion of
8 the equalized assessed valuation of such territory is
9 situated, signed by at least 10% of the voters residing
10 within each district affected or by the boards of each
11 district affected. The petition shall: (i) request the
12 submission of the proposition at a regular scheduled election
13 for the purpose of voting for or against the dissolution of
14 such unit school district, creation of an elementary school
15 district therefrom and annexation of the same territory to an
16 existing contiguous high school district as provided in
17 Section 7A-1; (ii) describe the territory of the unit school
18 district proposed to be dissolved which shall be stated in
19 the petition to be the same as the territory comprising the
20 proposed elementary school district and the same as the
21 territory proposed to be annexed to the existing contiguous
22 high school district; (iii) describe the territory of the
23 existing high school district to which the territory proposed
24 to be annexed is contiguous; and (iv) set forth the maximum
25 tax rates for educational and operations, building and
26 maintenance purposes and the purchase of school grounds,
27 pupil transportation, and fire prevention and safety purposes
28 which the annexing high school district and the elementary
29 school district proposed to be created each shall be
30 authorized to levy.
31 The petition may request that if the proposition to
32 dissolve a unit school district, create an elementary school
33 district therefrom, and annex the same territory to a
34 contiguous high school district is submitted to the voters at
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1 the consolidated election which occurs in April of
2 odd-numbered years, at the general primary election which
3 occurs in March of even-numbered years, at the nonpartisan
4 election which occurs in November of odd-numbered years, or
5 at the general election which occurs in November of
6 even-numbered years, that at that same election a board of
7 education be elected on a separate ballot to serve as the
8 board of education of the proposed new elementary school
9 district. Any election of board members at the same election
10 at which the proposition to create the elementary school
11 district to be served by that board is submitted to the
12 voters shall proceed under the supervision of the Regional
13 Superintendent as provided in Section 7A-6.
14 When the petition contains more than 10 signatures, the
15 petition shall designate a committee of 10 of the petitioners
16 as attorney in fact for all petitioners, any 7 of whom may
17 make binding stipulations on behalf of all petitioners as to
18 any question with respect to the petition or hearing,
19 including the power to stipulate to accountings or waiver
20 thereof between school districts. The regional
21 superintendent of schools required to hold a hearing on the
22 petition as provided in this Section may accept any such
23 stipulation instead of evidence or proof of the matter
24 stipulated, or may refuse to accept any such stipulation.
25 Upon the filing of such petition with the regional
26 superintendent of schools as provided in this Section, such
27 regional superintendent of schools shall cause a copy of the
28 petition to be given to the board of each district affected
29 and to the regional superintendent of schools of any other
30 educational service region in which any part of the territory
31 described in the petition is situated. The regional
32 superintendent of schools with whom the petition is required
33 to be filed shall cause a notice thereof to be published at
34 least once each week for 3 successive weeks in at least one
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1 newspaper having general circulation within the area of all
2 territory described in the petition. The notice shall state
3 when and to whom the petition was presented, the description
4 of the territory of the unit school district proposed to be
5 dissolved which shall be stated in the notice to be the same
6 as the territory comprising the proposed elementary school
7 district and the same as the territory proposed to be annexed
8 to the existing contiguous high school district, the
9 description of the existing high school district to which the
10 territory proposed to be annexed is contiguous, a statement
11 of the maximum tax rates for educational and operations,
12 building and maintenance purposes and the purchase of school
13 grounds, pupil transportation, and fire prevention and safety
14 purposes which the annexing high school district and the
15 proposed elementary school district each shall be authorized
16 to levy or establish, the prayer of the petition, and the day
17 on which the hearing upon the petition shall be held. The
18 petitioners shall pay the expense of publishing the notice.
19 No more than 30 days after the last date on which the
20 required notice is published the regional superintendent of
21 schools with whom the petition is required to be filed shall
22 hold a hearing on the petition, provided that the regional
23 superintendent of schools may adjourn the hearing from time
24 to time or may continue the matter for want of sufficient
25 notice or other good cause. Prior to the hearing the
26 petitioners shall submit to the regional superintendent of
27 schools maps showing the districts affected, a written report
28 of financial and educational conditions of the districts
29 affected and the probable effect of the proposed dissolution
30 of the unit school district, creation of an elementary school
31 district therefrom and annexation of the same territory to
32 the existing contiguous high school district. The reports
33 and maps submitted by the petitioners shall be made a part of
34 the record of proceedings of the regional superintendent of
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1 schools holding the hearing, and if the boards of the
2 districts affected are not the petitioners, such regional
3 superintendent of schools shall send copies of such reports
4 and maps to such boards not less than 5 days prior to the
5 date on which the hearing is to be held.
6 Upon the regional superintendent of schools determining
7 that the petitioners have paid the expense of publishing the
8 notice of hearing, that the petition as filed is proper and
9 -- if the petitioners be voters residing in each district
10 affected -- that the petition is in compliance with any
11 applicable petition requirements of the Election Code, the
12 regional superintendent of schools shall hear evidence as to
13 the school needs and conditions in all territory described in
14 the petition and in the area adjacent thereto, shall hear
15 evidence with respect to the ability of the elementary school
16 district proposed to be created and the ability of the
17 contiguous existing high school district, after the proposed
18 annexation, to meet standards of recognition as prescribed by
19 the State Board of Education, shall take into consideration
20 any division of funds or assets if the petition is approved,
21 and shall determine whether it is for the best interests of
22 the schools of the area and the educational welfare of the
23 pupils therein that such unit school district be dissolved,
24 an elementary school district be created therefrom and the
25 same territory be annexed to an existing contiguous high
26 school district. No petition filed under this Article and no
27 referendum held pursuant to any petition so filed shall be
28 null and void or invalidated or deemed in noncompliance with
29 the Election Code because of the failure to publish a notice
30 of intention to file the petition or to attach to the
31 petition an affidavit attesting to the publication of that
32 notice as required under subsection (g) of Section 28-2 of
33 the Election Code for petitions that are not filed under
34 Article 7A, 11A, 11B, or 11D of the School Code.
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1 At the hearing any resident of any territory described in
2 the petition and any regional superintendent of schools
3 entitled under the provisions of this Section to be given a
4 copy of the petition by the regional superintendent of
5 schools conducting the hearing may appear in person or by an
6 attorney at law in support of or in objection to the prayer
7 of the petition, and may submit evidence in support of either
8 such position. A transcript of the proceedings in the
9 hearing before the regional superintendent of schools shall
10 be prepared, and the expense of preparing the same shall be
11 paid by the petitioners.
12 Within 14 days after the conclusion of the hearing, the
13 regional superintendent of schools shall make a decision
14 either approving or denying the petition, and shall thereupon
15 submit the petition and all evidence taken at the hearing to
16 the State Superintendent of Education who shall, within 30
17 days thereafter, review the entire record of the proceedings
18 had before the regional superintendent of schools, including
19 the transcript of such proceedings, and approve or deny the
20 petition upon consideration of and in accordance with the
21 following criteria:
22 (i) whether the proposed elementary school district
23 and the contiguous existing high school district after
24 the proposed annexation will have sufficient size (pupil
25 enrollment) and financial resources (assessed valuation)
26 to provide and maintain a recognized educational program
27 for their respective districts as proposed;
28 (ii) whether the dissolution of the unit school
29 district, creation of an elementary school district
30 therefrom and annexation of the same territory to the
31 existing high school district is for the best interests
32 of the schools of the area and the educational welfare of
33 the pupils therein; and
34 (iii) whether the territory of the proposed
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1 elementary school district and the territory of the
2 contiguous existing high school district after the
3 proposed annexation are each compact and contiguous for
4 school purposes.
5 If the State Superintendent of Education denies the
6 petition the reasons for such denial shall be communicated to
7 the boards of each district affected, to any committee
8 designated as attorney in fact for the petitioners as
9 provided in this Section, to any regional superintendent of
10 schools entitled under the provisions of this Section to be
11 given a copy of the petition by the regional superintendent
12 of schools who conducted the hearing and to any resident of
13 any territory described in the petition who appears at the
14 hearing, or to any attorney at law appearing of record in the
15 hearing on behalf of any such board, committee, regional
16 superintendent of schools or resident otherwise entitled to
17 receive communication of the reasons for such denial; and no
18 further proceedings shall be had.
19 (Source: P.A. 86-13; 87-10; 87-185; 87-839; 87-1270.)
20 (105 ILCS 5/11A-3) (from Ch. 122, par. 11A-3)
21 Sec. 11A-3. Petition filing; notice; hearing; decision.
22 A petition shall be filed with the Regional Superintendent of
23 the region in which the territory described in the petition
24 or that part of the territory with the greater per cent of
25 equalized assessed valuation is situated, signed by at least
26 200 voters residing in at least 3/4 of the school districts
27 or parts of districts and residing in the territory included
28 in the petition, or the petition may be filed by the board of
29 education of each of the school districts wholly or partially
30 included in the territory described in the petition. A
31 petition that is not filed by the board of education of each
32 of the school districts wholly or partially included in the
33 territory described in the petition must contain signatures
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1 from 50 legal resident voters from each of the school
2 districts wholly or partially included in the territory
3 described in the petition or from 10% of the legal resident
4 voters from each of the school districts wholly or partially
5 included in the territory described in the petition,
6 whichever is lesser. Provided, however, that no petition
7 filed, or election held under this Article shall be null or
8 void or invalidated or deemed in noncompliance with the
9 Election Code for the failure of any person or persons
10 seeking the creation of a new school district hereunder to
11 publish a notice of intention to file such petition or to
12 attach an affidavit attesting to the publication of such
13 notice to such petition as required under subsection (g) of
14 Section 28-2 of the Election Code for petitions that are not
15 filed under Article 7A, 11A, 11B, or 11D of the School Code.
16 The petition shall (1) request the submission of the
17 proposition at a regular scheduled election for the purpose
18 of voting for or against the establishment of a community
19 unit school district in the territory; (2) describe the
20 territory comprising the proposed district; (3) set forth the
21 maximum tax rates for educational, operations and maintenance
22 and the purchase and improvements of school grounds, pupil
23 transportation, and fire prevention and safety purposes the
24 proposed district shall be authorized to levy; and (4)
25 designate a committee of 10 of the petitioners, any 7 of whom
26 may at any time, prior to the final decision of the Regional
27 Superintendent, amend the petition in all respects (except
28 that there may not be an increase or decrease of more than
29 25% of the territory to be included in the proposed
30 district), and may make binding stipulations on behalf of all
31 petitioners as to any question with respect to the petition
32 or hearing and the Regional Superintendent may accept such
33 stipulation instead of evidence or proof of the matter
34 stipulated, which committee of petitioners may stipulate to
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1 accountings or waiver thereof between school districts;
2 however, the Regional Superintendent may refuse to accept
3 such stipulation; those designated as the Committee of Ten
4 shall serve in such capacity until such time as the Regional
5 Superintendent should determine that, because of death,
6 resignation, transfer of residency from the territory,
7 failure to qualify or for any other reason, the office of a
8 particular member of the Committee is vacant. Failure of a
9 person designated as a member of the Committee of Ten to sign
10 the petition, whether filed prior or subsequent to September
11 23, 1983 (the effective date of P.A. 83-686), shall not
12 disqualify such person as a member thereof and such person
13 may sign the petition at any time prior to final disposition
14 of the petition and the conclusion of the proceedings to form
15 a unit district, including all litigation pertaining to the
16 petition or proceedings. Upon determination by the Regional
17 Superintendent that such vacancies exist, he shall so declare
18 such vacancies and shall notify the remaining members to
19 appoint a petitioner or petitioners, as the case may be, to
20 fill the vacancies in the Committee of Ten so designated.
21 Such appointment by the Committee of Ten of any such new
22 membership shall be made by a simple majority vote of the
23 designated remaining members. The Committee of Ten shall
24 act, unless otherwise herein specified, by majority vote of
25 the membership. The Committee of Ten may voluntarily dismiss
26 their petition at any time before the final decision of the
27 Regional Superintendent.
28 The petition may request that the referendum at which the
29 proposition is submitted for the purpose of voting for or
30 against the establishment of a community unit school district
31 include as part of the proposition the election of board
32 members by school board district rather than at large. Any
33 petition requesting the election of board members by district
34 shall divide the proposed school district into 7 school board
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1 districts, each of which must be compact and contiguous and
2 substantially equal in population to each other school board
3 district. Any election of board members by school board
4 district shall proceed under the supervision of the Regional
5 Superintendent as provided in Section 11A-8. The Committee of
6 Ten may amend any petition approved by the Regional
7 Superintendent and State Superintendent of Education prior to
8 July 29, 1988 to include as part of the proposition the
9 election of board members by district as provided above. The
10 Regional Superintendent shall, following approval by the
11 State Superintendent of Education, submit the proposition as
12 provided in the amended petition to the appropriate election
13 authorities.
14 The petition may request that if the proposition to
15 create a community unit school district is submitted to the
16 voters at the consolidated election which occurs in April of
17 odd-numbered years, at the general primary election which
18 occurs in March of even-numbered years, at the nonpartisan
19 election which occurs in November of odd-numbered years, or
20 at the general election which occurs in November of
21 even-numbered years, that at that same election a board of
22 education be elected on a separate ballot to serve as the
23 board of education of the proposed new district. Any
24 election of board members at the same election at which the
25 proposition to create the district to be served by that board
26 is submitted to the voters shall proceed under the
27 supervision of the Regional Superintendent as provided in
28 Section 11A-8.
29 The petition may also request that the referendum at
30 which the proposition shall be submitted for the purpose of
31 voting for or against the establishment of a community unit
32 school district in the territory include a proposition on a
33 separate ballot authorizing the issuance of bonds by the
34 district when organized, in accordance with this Act. The
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1 principal amount of the bonds and the purposes of issuance
2 shall be stated in such petition and in all notices and
3 propositions submitted thereunder.
4 A petition to form a new community unit school district
5 from the entire territory of 2 or more school districts may
6 also request that the bonded indebtedness of each existing
7 school district be assumed by the entire territory of the new
8 community unit school district in the manner provided by
9 subsection (b) of Section 11A-12.
10 Upon the filing of a petition with the Regional
11 Superintendent of the Region in which the greater portion of
12 the equalized assessed valuation of the territory described
13 in the petition lies, the Regional Superintendent shall cause
14 a copy of such petition to be given to each board of any
15 district involved in the proposed formation of the new
16 district and shall cause a notice thereof to be published at
17 least once each week for 3 successive weeks in at least one
18 newspaper having general circulation within the area of the
19 territory of the proposed district. The notice shall state
20 when and to whom the petition was presented, the description
21 of the territory of the proposed district, if requested in
22 the petition a statement of the proposition to issue bonds
23 and indicating the amount and purpose thereof, and the day on
24 which the hearing upon the petition will be held. Not more
25 than 30 days after the publication of notice the Regional
26 Superintendent shall hold a hearing on the petition.
27 Upon the Regional Superintendent determining that the
28 petition, as filed or amended, is proper and is in compliance
29 with any applicable petition requirements set forth in the
30 Election Code, he shall hear evidence as to the school needs
31 and conditions of the territory and in the area within and
32 adjacent thereto and take into consideration the division of
33 funds and assets which will result from the organization of
34 the district, and shall determine whether it is for the best
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1 interests of the schools of the area and the educational
2 welfare of the pupils therein that such district be
3 organized.
4 At the hearing, any resident in the proposed district or
5 any district affected thereby may appear in support of the
6 petition or to object thereto. The Regional Superintendent
7 may adjourn the hearing from time to time. Within 14 days
8 after the conclusion of the hearing the Regional
9 Superintendent shall make a decision either approving or
10 denying the petition. Upon the Regional Superintendent
11 approving or denying the petition he shall submit the
12 petition and all evidence submitted to the State
13 Superintendent of Education who shall, within 30 days after
14 the decision of the Regional Superintendent, approve or deny
15 the petition according to the following criteria:
16 He shall review the entire record of the proceedings had
17 before the Regional Superintendent, including the transcript
18 of said proceedings, and based upon a review of the same
19 shall take into consideration:
20 (1) whether the proposed district will have
21 sufficient size (pupil enrollment) and financial
22 resources (assessed valuation) to provide and maintain a
23 recognized educational program for grades kindergarten
24 through 12;
25 (2) whether the proposed school district is for the
26 best interests of the schools of the area and the
27 educational welfare of the pupils therein; and
28 (3) whether the territory for the proposed school
29 district is compact and contiguous for school purposes.
30 If the State Superintendent of Education denies the
31 petition the reasons for such denial shall be communicated to
32 appropriate groups, agencies or instrumentalities
33 representing the petitioners.
34 If a majority of the voters in at least 2 community unit
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1 school districts have voted in favor of a proposition to
2 create a new community unit school district, but the
3 proposition was not approved under the standards set forth in
4 Section 11A-8 of the School Code, then the members of the
5 Committee of Ten shall submit an amended petition for
6 consolidation to the boards of education of those districts
7 as long as the territory involved is compact and contiguous.
8 The petition submitted to the boards of education shall be
9 identical in form and substance to the petition previously
10 approved by the Regional Superintendent of Schools with the
11 sole exception that the territory comprising the proposed
12 district shall be amended to include the compact and
13 contiguous territory of those community unit school districts
14 in which a majority of the voters voted in favor of the
15 proposal.
16 Each board of education to which the petition is
17 submitted shall meet and vote to approve or not approve the
18 amended petition no more than 30 days after it has been filed
19 with the board. The Regional Superintendent shall make
20 available to each board of education with which a petition
21 has been filed all transcripts and records of the previous
22 petition hearing. The boards of education shall, by the
23 appropriate resolution, approve or disapprove the amended
24 petition. No board of education may approve an amended
25 petition unless it first finds that the territory described
26 in the petition is compact and contiguous.
27 If a majority of the members of each board of education
28 to whom a petition is submitted votes in favor of the amended
29 petition, the approved petition shall be transmitted by the
30 secretary of each board of education to the State
31 Superintendent of Education who shall, within 30 days of
32 receipt, approve or deny the amended petition based on the
33 criteria stated in this Section which governed the State
34 Superintendent of Education in his initial review of the
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1 petition. If approved by the State Superintendent of
2 Education, the petition shall be placed on the ballot at the
3 next regularly scheduled election.
4 (Source: P.A. 87-10; 87-185; 87-839; 87-1270; 88-555, eff.
5 7-27-94.)
6 (105 ILCS 5/11B-3) (from Ch. 122, par. 11B-3)
7 Sec. 11B-3. Petition filing; notice; hearing; decision.
8 A petition shall be filed with the Regional Superintendent of
9 the region in which the territory described in the petition
10 or the greater portion of the equalized assessed valuation of
11 the territory is situated, signed by at least 10% of the
12 voters residing within each district included in the
13 territory or filed by the boards of each school district
14 affected. The petition shall: (1) request the submission of
15 the proposition at a regular scheduled election for the
16 purpose of voting for or against the establishment of a
17 combined school district in the territory; (2) describe the
18 territory comprising the proposed district by districts; (3)
19 set forth the maximum tax rates for educational, operations
20 and maintenance and the purchase and improvements of school
21 grounds, pupil transportation and fire prevention and safety
22 purposes the proposed district shall be authorized to levy;
23 and (4) designate a committee of 10 of the petitioners, any 7
24 of whom may at any time prior to the regional
25 superintendent's final decision amend the petition in all
26 respects and make binding stipulations on behalf of all
27 petitioners as to any question with respect to the petition
28 or hearing, including stipulations for accountings or the
29 waiver thereof between school districts. The regional
30 superintendent who is required to hold a hearing on the
31 petition as provided in this Section may accept any such
32 stipulation instead of evidence or proof of the matter
33 stipulated or may refuse to accept the stipulation. Those
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1 designated as the Committee of Ten shall serve in that
2 capacity until such time as the regional superintendent
3 determines that because of death, resignation, transfer of
4 residency from the territory, failure to qualify or any other
5 reason the office of a particular member of the Committee is
6 vacant. Failure of a person designated as a member of the
7 Committee of Ten to sign the petition shall not disqualify
8 that person as a member thereof, and that person may sign the
9 petition at any time prior to final disposition of the
10 petition and the conclusion of the proceedings to form the
11 new combined school district, including all litigation
12 pertaining to the petition or proceedings. Upon
13 determination by the regional superintendent that vacancies
14 exist, he shall declare the vacancies and shall notify the
15 remaining members to appoint a petitioner or petitioners, as
16 the case may be, to fill the vacancies in the Committee of
17 Ten so designated. An appointment by the Committee of Ten to
18 fill any such vacancy shall be made by a simple majority vote
19 of the designated remaining members. The Committee of Ten
20 shall act, unless otherwise herein specified, by majority
21 vote of the membership. The Committee of Ten may voluntarily
22 dismiss their petition at any time before the final decision
23 of the Regional Superintendent.
24 The petition may request that if the proposition to
25 create a combined school district is submitted to the voters
26 at the consolidated election which occurs in April of
27 odd-numbered years, at the general primary election which
28 occurs in March of even-numbered years, at the nonpartisan
29 election which occurs in November of odd-numbered years, or
30 at the general election which occurs in November of
31 even-numbered years, that at that same election a board of
32 education be elected on a separate ballot to serve as the
33 board of education of the proposed new district. Any
34 election of board members at the same election at which the
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1 proposition to create the district to be served by that board
2 is submitted to the voters shall proceed under the
3 supervision of the Regional Superintendent as provided in
4 Section 11B-7.
5 The petition may also request that the referendum include
6 a proposition on a separate ballot authorizing the issuance
7 of bonds by the district when organized in accordance with
8 this Article. The principal amount of the bonds and the
9 purposes of the issuance shall be stated in the petition and
10 in all notices and propositions submitted thereunder.
11 Upon the filing of a petition with the Regional
12 Superintendent under the provisions of Section 11B-2 of this
13 Article, the Regional Superintendent shall cause a copy of
14 such petition to be given to each board of any district
15 involved in the proposed formation of the new district and
16 shall cause a notice thereof to be published at least once
17 each week for 3 successive weeks in at least one newspaper
18 having general circulation within the area of the territory
19 of the proposed district. The notice shall state when and to
20 whom the petition was presented, the description of the
21 territory of the proposed district, and the day on which the
22 hearing upon the petition will be held. Not more than 30
23 days after the publication of notice, the Regional
24 Superintendent shall hold a hearing on the petition. Prior
25 to the hearing, the petitioners shall submit to the Regional
26 Superintendent maps showing the districts involved, and any
27 other information pertinent to the proposed formation of a
28 new district. The reports and maps submitted shall be made a
29 part of the records of the proceedings of the Regional
30 Superintendent. A copy of the reports and maps submitted
31 shall be sent to the board of each district involved, not
32 less than 5 days prior to the date upon which the hearing is
33 to be held. The Regional Superintendent shall hear evidence
34 as to the school needs and conditions in the territory which
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1 will form the proposed new district and as to the ability of
2 the proposed new district to meet the standards of
3 recognition as prescribed by the State Board of Education.
4 At the hearing, any resident in the territory described
5 in the petition may appear in person or by an attorney in
6 support of the petition or to object to the granting of the
7 petition and may present evidence in support of his position.
8 At the conclusion of the hearing, the Regional Superintendent
9 of schools shall within 14 days enter an order either
10 granting or denying the petition and shall deliver to any
11 attorney of record and affected school board a copy of his
12 order. Upon the Regional Superintendent approving or denying
13 the petition he shall submit the petition and all evidence
14 submitted to the State Superintendent of Education for
15 review. The Superintendent shall, within 30 days after the
16 decision of the Regional Superintendent, approve or deny the
17 petition according to the following criteria:
18 He shall review the entire record of the proceedings had
19 before the Regional Superintendent, including the transcript
20 of said proceedings, and based upon a review of the same
21 shall take into consideration:
22 (1) whether the proposed district will have
23 sufficient size (pupil enrollment) and financial
24 resources (assessed valuation) to provide and maintain a
25 recognized educational program for the proposed school
26 district;
27 (2) whether the proposed school district is for the
28 best interests of schools of the area and the educational
29 welfare of the pupils therein; and
30 (3) whether the territory for the proposed school
31 district is compact and contiguous for school purposes.
32 If the State Superintendent of Education denies the
33 petition the reasons for such denial shall be communicated to
34 appropriate groups, agencies or instrumentalities
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1 representing the petitioners and no further proceedings shall
2 be had.
3 (Source: P.A. 87-10; 87-107; 87-839; 87-1270.)
4 (105 ILCS 5/33-1) (from Ch. 122, par. 33-1)
5 Sec. 33-1. Board of Education - Election - Terms. In
6 all school districts, including special charter districts
7 having a population of 100,000 and not more than 500,000,
8 which adopt this Article, as hereinafter provided, there
9 shall be maintained a system of free schools in charge of a
10 board of education, which shall be a body politic and
11 corporate by the name of "Board of Education of the City
12 of....". The board shall consist of 7 members elected by the
13 voters of the district. Except as provided in Section 33-1b
14 of this Act, The regular election for members of the board
15 shall be held at the consolidated election and at the general
16 primary electionon the first Tuesday of April in odd
17 numbered years and on the third Tuesday of March in even
18 numbered years. The law governing the registration of voters
19 for the primary election shall apply to the regular election.
20 At the first regular election 7 persons shall be elected as
21 members of the board. The person who receives the greatest
22 number of votes shall be elected for a term of 5 years. The
23 2 persons who receive the second and third greatest number of
24 votes shall be elected for a term of 4 years. The person who
25 receives the fourth greatest number of votes shall be elected
26 for a term of 3 years. The 2 persons who receive the fifth
27 and sixth greatest number of votes shall be elected for a
28 term of 2 years. The person who receives the seventh
29 greatest number of votes shall be elected for a term of 1
30 year. Thereafter, at each regular election for members of the
31 board, the successors of the members whose terms expire in
32 the year of election shall be elected for a term of 5 years.
33 All terms shall commence on July 1 next succeeding the
-19- LRB093 08014 JAM 08212 b
1 elections. Any vacancy occurring in the membership of the
2 board shall be filled by appointment until the next regular
3 election for members of the board.
4 In any school district which has adopted this Article, a
5 proposition for the election of board members by school board
6 district rather than at large may be submitted to the voters
7 of the district at the regular school election of any year in
8 the manner provided in Section 9-22. If the proposition is
9 approved by a majority of those voting on the propositions,
10 the board shall divide the school district into 7 school
11 board districts as provided in Section 9-22. At the regular
12 school election in the year following the adoption of such
13 proposition, one member shall be elected from each school
14 board district, and the 7 members so elected shall, by lot,
15 determine one to serve for one year, 2 for 2 years, one for 3
16 years, 2 for 4 years, and one for 5 years. Thereafter their
17 respective successors shall be elected for terms of 5 years.
18 The terms of all incumbent members expire July 1 of the year
19 following the adoption of such a proposition.
20 Any school district which has adopted this Article may,
21 by referendum in accordance with Section 33-1a, adopt the
22 method of electing members of the board of education provided
23 in that Section.
24 Reapportionment of the voting districts provided for in
25 this Article or created pursuant to a court order, shall be
26 completed pursuant to Section 33-1c.
27 (Source: P.A. 82-1014; 86-1331.)
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