Full Text of HB0813 99th General Assembly
HB0813sam001 99TH GENERAL ASSEMBLY | Sen. John J. Cullerton Filed: 8/18/2015
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| 1 | | AMENDMENT TO HOUSE BILL 813
| 2 | | AMENDMENT NO. ______. Amend House Bill 813 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 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 a hearing panel as | 11 | | established in this Section shall have, exercise, and perform | 12 | | all powers, duties, and responsibilities required under this | 13 | | Article to be exercised and performed in those proceedings by a | 14 | | regional board of school trustees and the
chief administrative | 15 | | officers of the educational service
centers shall have, | 16 | | exercise, and perform all powers, duties,
and responsibilities | 17 | | required under this Article that are
otherwise assigned to | 18 | | regional superintendents of schools. the school board
of any | 19 | | such district, as the successor under subsection (b) of Section | 20 | | 6-2
to the former regional board of school trustees with | 21 | | respect to the
territory comprising that school district, shall | 22 | | have, exercise, and
perform all powers, duties, and | 23 | | responsibilities required under this
Article to be exercised | 24 | | and performed in those proceedings with respect to
the | 25 | | territory of that school district by a regional board of school
| 26 | | trustees; and provided further that: (i) when any school |
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| 1 | | district affected
by those proceedings is located not only in | 2 | | an educational service region
of 2,000,000 or more inhabitants | 3 | | but also in 2 or more school townships in
that region that each | 4 | | have trustees of schools of the township, then the
boundaries | 5 | | of that school district may be changed under this Article by
| 6 | | detachment, annexation, division, dissolution, or any | 7 | | combination of those
methods only by the concurrent action of, | 8 | | taken following a joint hearing
before the trustees of schools | 9 | | of those townships (in that educational
service region) in | 10 | | which that school district is located; and (ii) if any
part of | 11 | | the school district referred to in item (i) of this subsection
| 12 | | also lies within an educational service region that has a | 13 | | regional board of
school trustees, the boundaries of that | 14 | | district may be changed under this
Article only by the | 15 | | concurrent action of, taken following a joint hearing
before | 16 | | the trustees of schools of the townships referred to in item | 17 | | (i) of
this subsection and the regional board of school | 18 | | trustees of the educational
service region referred to in this | 19 | | item (ii) of this subsection. Whenever
concurrent action and | 20 | | joint hearings are required under this subsection,
the original | 21 | | petition shall be filed with the trustees of schools of the
| 22 | | township in which the territory or greatest portion of the | 23 | | territory being
detached is located, or if the territory is | 24 | | being detached from more than
one educational service region | 25 | | then with the regional board of school
trustees of the region | 26 | | or the trustees of schools of the township in which
the |
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| 1 | | territory or greatest portion of the territory being detached | 2 | | is located.
| 3 | | (a-5) The hearing panel shall be made up of 3 members from | 4 | | the governing board of the affected educational service center | 5 | | and appointed by the chief administrative officer of the | 6 | | affected educational service center. Individuals serving on | 7 | | the hearing panel may not reside in the detaching or dissolving | 8 | | school district or the annexing school district or be employed | 9 | | or serve as a board member in the detaching or dissolving | 10 | | school district or the annexing school district. | 11 | | (a-10) For purposes of this Section and Section 7-6 of this | 12 | | Code, an educational service center is affected if any portion | 13 | | of the territory that the petition seeks to have detached or | 14 | | dissolved from any school district is located within the | 15 | | boundaries of the educational service center. No other | 16 | | educational service center may hear the petition. | 17 | | The original petition shall be filed with the chief | 18 | | administrative officer of the educational service center in | 19 | | which the territory being detached or dissolved is located, or | 20 | | if territory is being detached or dissolved from more than one | 21 | | educational service center, then the petition shall be filed | 22 | | with the chief administrative officer of the educational | 23 | | service center in which the chief administrative officer has | 24 | | supervision and control over the greatest portion of the | 25 | | detaching or dissolving territory, as described in Section | 26 | | 3-14.2 of this Code. The chief administrative officer within |
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| 1 | | whose boundaries the joint hearing on the original petition is | 2 | | conducted shall send a certified true copy of the transcript of | 3 | | the hearing to each other educational service center or region | 4 | | affected. | 5 | | (b) Except as otherwise provided in this Section, all other | 6 | | provisions
of this Article shall apply to any proceedings under | 7 | | this Article to change
the boundaries of any school district | 8 | | located in an educational service
region having 2,000,000 or | 9 | | more inhabitants in the same manner that those
provisions apply | 10 | | to any proceedings to change the boundaries of any school
| 11 | | district located in any other educational service region; | 12 | | provided , that any
reference in those other provisions to the | 13 | | regional board of school trustees
shall mean, with respect to | 14 | | all territory within an educational service region
containing | 15 | | 2,000,000 or more inhabitants that formerly was served by a | 16 | | regional
board of school trustees abolished under subsection | 17 | | (a) of Section 6-2, the
trustees of schools of the township or | 18 | | the hearing panel as established in this Section school board | 19 | | of the school district
that is the successor under subsection | 20 | | (b) of Section 6-2 to the former
regional board of school | 21 | | trustees with respect to the territory included within
that | 22 | | school township or school district .
| 23 | | (Source: P.A. 87-969.)".
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