Full Text of HB0606 97th General Assembly
HB0606ham001 97TH GENERAL ASSEMBLY | Rep. Frank J. Mautino Filed: 10/25/2011
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| 1 | | AMENDMENT TO HOUSE BILL 606
| 2 | | AMENDMENT NO. ______. Amend House Bill 606 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 7-11 as follows:
| 6 | | (105 ILCS 5/7-11) (from Ch. 122, par. 7-11)
| 7 | | Sec. 7-11. Annexation of dissolved non-operating | 8 | | districts. If any school district has become dissolved as | 9 | | provided in Section 5-32,
or if a petition for dissolution is | 10 | | filed under subsection (b) of
Section 7-2a, the regional board | 11 | | of school trustees shall attach the
territory of such
dissolved | 12 | | district to one or more districts and, if the territory is | 13 | | added
to 2 or more districts, shall divide the property of the | 14 | | dissolved
district among the districts to which its territory | 15 | | is added, in the manner
provided for the division of property | 16 | | in case of the organization of a new
district from a part of |
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| 1 | | another district.
The regional board of school trustees of the | 2 | | region in which the regional
superintendent has supervision | 3 | | over the school district that is dissolved
shall have all power | 4 | | necessary to annex the territory of the dissolved
district as | 5 | | provided in this Section, including the power to attach the
| 6 | | territory to a school district under the supervision of the | 7 | | regional
superintendent of another educational service region | 8 | | and the power to attach the territory to a non-contiguous | 9 | | school district if deemed in the best interests of the schools | 10 | | of the area and the educational welfare of the pupils involved . | 11 | | The annexation of
the territory of a dissolved school district | 12 | | under this Section shall
entitle the school districts involved | 13 | | in the annexation to payments from
the State Board of Education | 14 | | in the same manner and to the same extent
authorized in the | 15 | | case of other annexations under this Article. Other
provisions | 16 | | of this Article 7 of The School Code shall apply to and govern
| 17 | | dissolutions and annexations under this Section and Section | 18 | | 7-2a, except
that it is the intent of the General Assembly that | 19 | | in the case of conflict the
provisions of this Section and | 20 | | Section 7-2a shall control over the other
provisions of this | 21 | | Article.
| 22 | | The regional board of school trustees shall give notice of
| 23 | | a hearing, to be held not less than 50 days nor more than 70 | 24 | | days after a
school district is dissolved under Section 5-32 or | 25 | | a petition is filed
under subsection (b) of Section 7-2a, on
| 26 | | the disposition of the territory of such school district by |
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| 1 | | publishing a
notice thereof at least once each week for 2 | 2 | | successive weeks in at least
one newspaper having a general | 3 | | circulation within the area of the territory
involved. At such | 4 | | hearing, the regional board of school trustees shall hear
| 5 | | evidence as to the school needs and conditions of the territory | 6 | | and of the
area within and adjacent thereto, and shall take | 7 | | into consideration the
educational welfare of the pupils of the | 8 | | territory and the normal high
school attendance pattern of the | 9 | | children . In the case of an elementary
school district if all | 10 | | the eighth grade graduates of such district
customarily attend | 11 | | high school in the same high school district, the
regional | 12 | | board of school trustees shall, unless it be
impossible because | 13 | | of the
restrictions of a special charter district, annex the | 14 | | territory of the
district to a contiguous elementary school | 15 | | district whose eighth grade
graduates customarily attend that | 16 | | high school, and that has an elementary
school building nearest | 17 | | to the center of the territory to be annexed, but
if such | 18 | | eighth grade graduates customarily attend more than one high | 19 | | school
the regional board of school trustees shall determine | 20 | | the
attendance pattern
of such graduates and divide the | 21 | | territory of the district among the
contiguous elementary | 22 | | districts whose graduates attend the same respective
high | 23 | | schools.
| 24 | | The decision of the regional board of school trustees in
| 25 | | such matter shall be issued within 10 days after the conclusion | 26 | | of the
hearing and deemed an "administrative decision" as |
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| 1 | | defined in
Section 3-101 of the
Code of Civil Procedure and any | 2 | | resident who appears at the hearing
or any petitioner may | 3 | | within 10 days after a copy of the decision sought
to be | 4 | | reviewed was served by registered mail upon the party affected
| 5 | | thereby file a complaint for the judicial review of
such | 6 | | decision in accordance with the "Administrative Review Law", | 7 | | and all
amendments and modifications thereof and the rules | 8 | | adopted pursuant
thereto. The commencement of any action for | 9 | | review shall operate as a stay
of enforcement, and no further | 10 | | proceedings shall be had until final
disposition of such | 11 | | review.
The final decision of the regional board of school | 12 | | trustees or of any
court upon judicial review shall become | 13 | | effective under Section 7-9 in the
case of a petition for | 14 | | dissolution filed under subsection (b) of Section
7-2a, and a | 15 | | final decision shall become effective immediately following | 16 | | the
date no further appeal is allowable in the case of a | 17 | | district dissolved
under Section 5-32.
| 18 | | Notwithstanding the foregoing provisions of this Section | 19 | | or any other
provision of law to the contrary, the school board | 20 | | of the Mt. Morris School
District is authorized to donate to | 21 | | the City of Mount Morris, Illinois the
school building and | 22 | | other real property used as a school site by the Mt. Morris
| 23 | | School District at the time of its dissolution, by appropriate | 24 | | resolution
adopted by the school board of the district prior to | 25 | | the dissolution of the
district; and upon the adoption of a | 26 | | resolution by the school board donating
the school building and |
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| 1 | | school site to the City of Mount Morris, Illinois as
authorized | 2 | | by this Section, the regional board of school trustees or other
| 3 | | school officials holding legal title to the school building and | 4 | | school site so
donated shall immediately convey the same to the | 5 | | City of Mt. Morris,
Illinois.
| 6 | | (Source: P.A. 94-1019, eff. 7-10-06.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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