Full Text of HB0606 97th General Assembly
HB0606ham002 97TH GENERAL ASSEMBLY | Rep. Frank J. Mautino Filed: 10/26/2011
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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, in the case of Leepertown CCSD 175, the power to attach | 9 | | the territory to a non-contiguous school district if deemed in | 10 | | the best interests of the schools of the area and the | 11 | | educational welfare of the pupils involved . The annexation of
| 12 | | the territory of a dissolved school district under this Section | 13 | | shall
entitle the school districts involved in the annexation | 14 | | to payments from
the State Board of Education in the same | 15 | | manner and to the same extent
authorized in the case of other | 16 | | annexations under this Article. Other
provisions of this | 17 | | Article 7 of The School Code shall apply to and govern
| 18 | | dissolutions and annexations under this Section and Section | 19 | | 7-2a, except
that it is the intent of the General Assembly that | 20 | | in the case of conflict the
provisions of this Section and | 21 | | Section 7-2a shall control over the other
provisions of this | 22 | | Article.
| 23 | | The regional board of school trustees shall give notice of
| 24 | | a hearing, to be held not less than 50 days nor more than 70 | 25 | | days after a
school district is dissolved under Section 5-32 or | 26 | | a petition is filed
under subsection (b) of Section 7-2a, on
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| 1 | | the disposition of the territory of such school district by | 2 | | publishing a
notice thereof at least once each week for 2 | 3 | | successive weeks in at least
one newspaper having a general | 4 | | circulation within the area of the territory
involved. At such | 5 | | hearing, the regional board of school trustees shall hear
| 6 | | evidence as to the school needs and conditions of the territory | 7 | | and of the
area within and adjacent thereto, and shall take | 8 | | into consideration the
educational welfare of the pupils of the | 9 | | territory and the normal high
school attendance pattern of the | 10 | | children. In the case of an elementary
school district , except | 11 | | for Leepertown CCSD 175, if all the eighth grade graduates of | 12 | | such district
customarily attend high school in the same high | 13 | | school district, the
regional board of school trustees shall, | 14 | | unless it be
impossible because of the
restrictions of a | 15 | | special charter district, annex the territory of the
district | 16 | | to a contiguous elementary school district whose eighth grade
| 17 | | graduates customarily attend that high school, and that has an | 18 | | elementary
school building nearest to the center of the | 19 | | territory to be annexed, but
if such eighth grade graduates | 20 | | customarily attend more than one high school
the regional board | 21 | | of school trustees shall determine the
attendance pattern
of | 22 | | such graduates and divide the territory of the district among | 23 | | the
contiguous elementary districts whose graduates attend the | 24 | | same respective
high schools.
| 25 | | The decision of the regional board of school trustees in
| 26 | | such matter shall be issued within 10 days after the conclusion |
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| 1 | | of the
hearing and deemed an "administrative decision" as | 2 | | defined in
Section 3-101 of the
Code of Civil Procedure and any | 3 | | resident who appears at the hearing
or any petitioner may | 4 | | within 10 days after a copy of the decision sought
to be | 5 | | reviewed was served by registered mail upon the party affected
| 6 | | thereby file a complaint for the judicial review of
such | 7 | | decision in accordance with the "Administrative Review Law", | 8 | | and all
amendments and modifications thereof and the rules | 9 | | adopted pursuant
thereto. The commencement of any action for | 10 | | review shall operate as a stay
of enforcement, and no further | 11 | | proceedings shall be had until final
disposition of such | 12 | | review.
The final decision of the regional board of school | 13 | | trustees or of any
court upon judicial review shall become | 14 | | effective under Section 7-9 in the
case of a petition for | 15 | | dissolution filed under subsection (b) of Section
7-2a, and a | 16 | | final decision shall become effective immediately following | 17 | | the
date no further appeal is allowable in the case of a | 18 | | district dissolved
under Section 5-32.
| 19 | | Notwithstanding the foregoing provisions of this Section | 20 | | or any other
provision of law to the contrary, the school board | 21 | | of the Mt. Morris School
District is authorized to donate to | 22 | | the City of Mount Morris, Illinois the
school building and | 23 | | other real property used as a school site by the Mt. Morris
| 24 | | School District at the time of its dissolution, by appropriate | 25 | | resolution
adopted by the school board of the district prior to | 26 | | the dissolution of the
district; and upon the adoption of a |
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| 1 | | resolution by the school board donating
the school building and | 2 | | school site to the City of Mount Morris, Illinois as
authorized | 3 | | by this Section, the regional board of school trustees or other
| 4 | | school officials holding legal title to the school building and | 5 | | school site so
donated shall immediately convey the same to the | 6 | | City of Mt. Morris,
Illinois.
| 7 | | (Source: P.A. 94-1019, eff. 7-10-06.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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