HB0595ham002 97TH GENERAL ASSEMBLY

Rep. Linda Chapa LaVia

Filed: 4/4/2011

09700HB0595ham002 LRB097 03428 NHT 53793 a

AMENDMENT TO HOUSE BILL 595

AMENDMENT NO. ______. Amend House Bill 595 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by changing Section 7-04 and by adding Section 7-2d as follows:

(105 ILCS 5/7-04) (from Ch. 122, par. 7-04)

Sec. 7-04. Districts in educational service regions of 2,000,000 or more inhabitants.

(a) In all proceedings under this Article to change by detachment, annexation, division, dissolution, or any combination of those methods the boundaries of any school district (other than a school district organized under Article 34) located in an educational service region of 2,000,000 or more inhabitants in which the regional board of school trustees is abolished as provided in subsection (a) of Section 6-2, the trustees of schools of the township in which that school district is located, as the successor under subsection (b) of Section 6-2 to the former regional board of school trustees with respect to all territory located in that school township, shall have, exercise, and perform all powers, duties, and responsibilities required under this Article to be exercised and performed in those proceedings by a regional board of school trustees; provided that if any school district affected by those proceedings is located in a school township referred to in subsection (b) of Section 5-1 and there are no trustees of schools acting in that township, then the governing board of the educational service center established pursuant to Section 2-3.62 of this Code where the detaching territory is located school board of any such district, as the successor under subsection (b) of Section 6-2 to the former regional board of school trustees with respect to the territory comprising that school district, shall have, exercise, and perform all powers, duties, and responsibilities required under this Article to be exercised and performed in those proceedings with respect to the territory of that school district by a regional board of school trustees; and provided further that: (i) when any school district affected by those proceedings is located not only in an educational service region of 2,000,000 or more inhabitants but also in 2 or more school townships in that region that each have trustees of schools of the township, then the boundaries of that school district may be changed under this Article by detachment, annexation, division, dissolution, or any combination of those methods only by the concurrent action of, taken following a joint hearing before the trustees of schools of those townships (in that educational service region) in which that school district is located; and (ii) if any part of the school district referred to in item (i) of this subsection also lies within an educational service region that has a regional board of school trustees, the boundaries of that district may be changed under this Article only by the concurrent action of, taken following a joint hearing before the trustees of schools of the townships referred to in item (i) of this subsection and the regional board of school trustees of the educational service region referred to in this item (ii) of this subsection. Whenever concurrent action and joint hearings are required under this subsection, the original petition shall be filed with the trustees of schools of the township in which the territory or greatest portion of the territory being detached is located, or if the territory is being detached from more than one educational service region then with the regional board of school trustees of the region or the trustees of schools of the township in which the territory or greatest portion of the territory being detached is located.

(b) Except as otherwise provided in this Section, all other provisions of this Article shall apply to any proceedings under this Article to change the boundaries of any school district located in an educational service region having 2,000,000 or more inhabitants in the same manner that those provisions apply to any proceedings to change the boundaries of any school district located in any other educational service region; provided, that any reference in those other provisions to the regional board of school trustees shall mean, with respect to all territory within an educational service region containing 2,000,000 or more inhabitants that formerly was served by a regional board of school trustees abolished under subsection (a) of Section 6-2, the trustees of schools of the township or the school board of the school district that is the successor under subsection (b) of Section 6-2 to the former regional board of school trustees with respect to the territory included within that school township or school district or the governing board of the educational service center established pursuant to Section 2-3.62 of this Code where the detaching territory is located when any school district affected by those proceedings is located in a school township referred to in subsection (b) of Section 5-1 of this Code and there are no trustees of schools acting in that township.

(Source: P.A. 87-969.)

(105 ILCS 5/7-2d new)

Sec. 7-2d. Elementary school district detachment and annexation.

(a) Notwithstanding any other provision of this Code, any contiguous portion of an elementary school district may be detached from that district and annexed to an adjoining elementary school district, upon a petition or petitions filed under this Section, if the portion of the district to be so detached and annexed to an adjoining elementary school district consists of not more than 100 acres of land in an incorporated area of a municipality in a county of 2,000,000 or more inhabitants where the adjoining elementary school district to which it is seeking to be attached is located.

(b) A petition filed under this Section must be filed with the executive director of the educational service center where the portion of the school district to be so detached and annexed is located and must be signed by all of the owners of record of the land that comprises the portion of the school district that is to be detached and annexed to the adjoining elementary school district under the provisions of this Section.

(c) The governing board of the educational service center shall (i) hold a hearing on the petition within 90 days after the date of filing, (ii) render a decision granting or denying the petition within 30 days after the hearing, and (iii) promptly serve a copy of the decision by certified mail, return receipt requested, upon the petitioners and upon the school boards of the school districts from which the territory described in the petition is sought to be detached and to which that territory is sought to be annexed.

The governing board of the educational service center has no authority or discretion to hear any evidence or consider any issues at the hearing except those that may be necessary to determine whether the limitations and conditions of this Section have been met.

(d) The executive director of the educational service center (i) shall give written notice of the time and place of the hearing, not less than 30 days prior to the date of the hearing, to the school board of the school district from which the territory described in the petition is to be detached and to the school board of the school district to which that territory is to be annexed and (ii) shall publish notice of the hearing, not less than 15 days prior to the date of the hearing, in a newspaper that is published in the county where the territory described in the petition is located and that has circulation within the school districts whose school boards are entitled to written notice of the hearing.

(e) In the event that the granting of a petition filed under this Section has become final, either through failure to seek administrative review or by the final decision of a court on review, the change in boundaries shall become effective forthwith and for all purposes, except that if the granting of the petition becomes final at any time from September 1 through June 30 of any year, the administration of and attendance at the schools shall not be affected until the following July 1, when the change in boundaries shall become effective for all purposes. After the granting of a petition has become final, the date when the change shall become effective for purposes of administration and attendance may be accelerated or postponed by stipulation of the school boards of the school districts from which the territory described in the petition is detached and to which that territory is annexed.

(f) The decision of the governing board of the educational service center shall be deemed an "administrative decision", as defined in Section 3-101 of the Code of Civil Procedure, and any petitioner or the school board of a school district affected by the detachment and annexation of the territory described in the petition may, within 35 days after a copy of the decision sought to be reviewed was served by certified mail upon the party affected thereby or upon the attorney of record for that party, apply for a review of the decision in accordance with the Administrative Review Law and the rules adopted pursuant to the Administrative Review Law.

The commencement of any action for review shall operate as a supersedeas, and no further proceedings shall be had until final disposition of the review. The circuit court of the county where the petition is filed with the educational service center shall have sole jurisdiction to entertain a complaint for such review.

(g) This Section (i) is not limited by and operates independently of all other provisions of this Article and (ii) constitutes complete authority for the granting or denial by the educational service center of a petition filed under this Section if the conditions prescribed by this Section for the filing of that petition are met.

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