Full Text of HB0595 97th General Assembly
HB0595ham002 97TH GENERAL ASSEMBLY | Rep. Linda Chapa LaVia Filed: 4/4/2011
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| 1 | | AMENDMENT TO HOUSE BILL 595
| 2 | | AMENDMENT NO. ______. Amend House Bill 595 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 7-04 and by adding Section 7-2d as follows: | 6 | | (105 ILCS 5/7-04) (from Ch. 122, par. 7-04) | 7 | | Sec. 7-04. Districts in educational service regions of | 8 | | 2,000,000 or more
inhabitants. | 9 | | (a) In all proceedings under this Article to change by | 10 | | detachment,
annexation, division, dissolution, or any | 11 | | combination of those methods the
boundaries of any school | 12 | | district (other than a school district organized
under Article | 13 | | 34) located in an educational service region of 2,000,000 or
| 14 | | more inhabitants in which the regional board of school trustees | 15 | | is
abolished as provided in subsection (a) of Section 6-2, the | 16 | | trustees of
schools of the township in which that school |
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| 1 | | district is located, as the
successor under subsection (b) of | 2 | | Section 6-2 to the former regional board
of school trustees | 3 | | with respect to all territory located in that school
township, | 4 | | shall have, exercise, and perform all powers, duties, and
| 5 | | responsibilities required under this Article to be exercised | 6 | | and performed
in those proceedings by a regional board of | 7 | | school trustees; provided that
if any school district affected | 8 | | by those proceedings is located in
a school township referred | 9 | | to in subsection (b) of Section 5-1 and there
are no trustees | 10 | | of schools acting in that township , then the governing board of | 11 | | the educational service center established pursuant to Section | 12 | | 2-3.62 of this Code where the detaching territory is located | 13 | | school board
of any such district, as the successor under | 14 | | subsection (b) of Section 6-2
to the former regional board of | 15 | | school trustees with respect to the
territory comprising that | 16 | | school district, shall have, exercise, and
perform all powers, | 17 | | duties, and responsibilities required under this
Article to be | 18 | | exercised and performed in those proceedings with respect to
| 19 | | the territory of that school district by a regional board of | 20 | | school
trustees; and provided further that: (i) when any school | 21 | | district affected
by those proceedings is located not only in | 22 | | an educational service region
of 2,000,000 or more inhabitants | 23 | | but also in 2 or more school townships in
that region that each | 24 | | have trustees of schools of the township, then the
boundaries | 25 | | of that school district may be changed under this Article by
| 26 | | detachment, annexation, division, dissolution, or any |
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| 1 | | combination of those
methods only by the concurrent action of, | 2 | | taken following a joint hearing
before the trustees of schools | 3 | | of those townships (in that educational
service region) in | 4 | | which that school district is located; and (ii) if any
part of | 5 | | the school district referred to in item (i) of this subsection
| 6 | | also lies within an educational service region that has a | 7 | | regional board of
school trustees, the boundaries of that | 8 | | district may be changed under this
Article only by the | 9 | | concurrent action of, taken following a joint hearing
before | 10 | | the trustees of schools of the townships referred to in item | 11 | | (i) of
this subsection and the regional board of school | 12 | | trustees of the educational
service region referred to in this | 13 | | item (ii) of this subsection. Whenever
concurrent action and | 14 | | joint hearings are required under this subsection,
the original | 15 | | petition shall be filed with the trustees of schools of the
| 16 | | township in which the territory or greatest portion of the | 17 | | territory being
detached is located, or if the territory is | 18 | | being detached from more than
one educational service region | 19 | | then with the regional board of school
trustees of the region | 20 | | or the trustees of schools of the township in which
the | 21 | | territory or greatest portion of the territory being detached | 22 | | is located. | 23 | | (b) Except as otherwise provided in this Section, all other | 24 | | provisions
of this Article shall apply to any proceedings under | 25 | | this Article to change
the boundaries of any school district | 26 | | located in an educational service
region having 2,000,000 or |
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| 1 | | more inhabitants in the same manner that those
provisions apply | 2 | | to any proceedings to change the boundaries of any school
| 3 | | district located in any other educational service region; | 4 | | provided, that any
reference in those other provisions to the | 5 | | regional board of school trustees
shall mean, with respect to | 6 | | all territory within an educational service region
containing | 7 | | 2,000,000 or more inhabitants that formerly was served by a | 8 | | regional
board of school trustees abolished under subsection | 9 | | (a) of Section 6-2, the
trustees of schools of the township or | 10 | | the school board of the school district
that is the successor | 11 | | under subsection (b) of Section 6-2 to the former
regional | 12 | | board of school trustees with respect to the territory included | 13 | | within
that school township or school district or the governing | 14 | | board of the educational service center established pursuant to | 15 | | Section 2-3.62 of this Code where the detaching territory is | 16 | | located when any school district affected by those proceedings | 17 | | is located in a school township referred to in subsection (b) | 18 | | of Section 5-1 of this Code and there are no trustees of | 19 | | schools acting in that township . | 20 | | (Source: P.A. 87-969.) | 21 | | (105 ILCS 5/7-2d new) | 22 | | Sec. 7-2d. Elementary school district detachment and | 23 | | annexation. | 24 | | (a) Notwithstanding any other provision of this Code, any | 25 | | contiguous portion of an elementary school district may be |
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| 1 | | detached from that district and annexed to an adjoining | 2 | | elementary school district, upon a petition or petitions filed | 3 | | under this Section, if the portion of the district to be so | 4 | | detached and annexed to an adjoining elementary school district | 5 | | consists of not more than 100 acres of land in an incorporated | 6 | | area of a municipality in a county of 2,000,000 or more | 7 | | inhabitants where the adjoining elementary school district to | 8 | | which it is seeking to be attached is located. | 9 | | (b) A petition filed under this Section must be filed with | 10 | | the executive director of the educational service center where | 11 | | the portion of the school district to be so detached and | 12 | | annexed is located and must be signed by all of the owners of | 13 | | record of the land that comprises the portion of the school | 14 | | district that is to be detached and annexed to the adjoining | 15 | | elementary school district under the provisions of this | 16 | | Section. | 17 | | (c) The governing board of the educational service center | 18 | | shall (i) hold a hearing on the petition within 90 days after | 19 | | the date of filing, (ii) render a decision granting or denying | 20 | | the petition within 30 days after the hearing, and (iii) | 21 | | promptly serve a copy of the decision by certified mail, return | 22 | | receipt requested, upon the petitioners and upon the school | 23 | | boards of the school districts from which the territory | 24 | | described in the petition is sought to be detached and to which | 25 | | that territory is sought to be annexed. | 26 | | The governing board of the educational service center has |
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| 1 | | no authority or discretion to hear any evidence or consider any | 2 | | issues at the hearing except those that may be necessary to | 3 | | determine whether the limitations and conditions of this | 4 | | Section have been met. | 5 | | (d) The executive director of the educational service | 6 | | center (i) shall give written notice of the time and place of | 7 | | the hearing, not less than 30 days prior to the date of the | 8 | | hearing, to the school board of the school district from which | 9 | | the territory described in the petition is to be detached and | 10 | | to the school board of the school district to which that | 11 | | territory is to be annexed and (ii) shall publish notice of the | 12 | | hearing, not less than 15 days prior to the date of the | 13 | | hearing, in a newspaper that is published in the county where | 14 | | the territory described in the petition is located and that has | 15 | | circulation within the school districts whose school boards are | 16 | | entitled to written notice of the hearing. | 17 | | (e) In the event that the granting of a petition filed | 18 | | under this Section has become final, either through failure to | 19 | | seek administrative review or by the final decision of a court | 20 | | on review, the change in boundaries shall become effective | 21 | | forthwith and for all purposes, except that if the granting of | 22 | | the petition becomes final at any time from September 1 through | 23 | | June 30 of any year, the administration of and attendance at | 24 | | the schools shall not be affected until the following July 1, | 25 | | when the change in boundaries shall become effective for all | 26 | | purposes. After the granting of a petition has become final, |
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| 1 | | the date when the change shall become effective for purposes of | 2 | | administration and attendance may be accelerated or postponed | 3 | | by stipulation of the school boards of the school districts | 4 | | from which the territory described in the petition is detached | 5 | | and to which that territory is annexed. | 6 | | (f) The decision of the governing board of the educational | 7 | | service center shall be deemed an "administrative decision", as | 8 | | defined in Section 3-101 of the Code of Civil Procedure, and | 9 | | any petitioner or the school board of a school district | 10 | | affected by the detachment and annexation of the territory | 11 | | described in the petition may, within 35 days after a copy of | 12 | | the decision sought to be reviewed was served by certified mail | 13 | | upon the party affected thereby or upon the attorney of record | 14 | | for that party, apply for a review of the decision in | 15 | | accordance with the Administrative Review Law and the rules | 16 | | adopted pursuant to the Administrative Review Law. | 17 | | The commencement of any action for review shall operate as | 18 | | a supersedeas, and no further proceedings shall be had until | 19 | | final disposition of the review. The circuit court of the | 20 | | county where the petition is filed with the educational service | 21 | | center shall have sole jurisdiction to entertain a complaint | 22 | | for such review. | 23 | | (g) This Section (i) is not limited by and operates | 24 | | independently of all other provisions of this Article and (ii) | 25 | | constitutes complete authority for the granting or denial by | 26 | | the educational service center of a petition filed under this |
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| 1 | | Section if the conditions prescribed by this Section for the | 2 | | filing of that petition are met.
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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