Full Text of SB2990 99th General Assembly
SB2990 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2990 Introduced 2/18/2016, by Sen. Melinda Bush SYNOPSIS AS INTRODUCED: |
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Amends the Boundary Changes Article of the School Code. Makes changes concerning the purpose and applicability of the Article; school districts in educational service regions of 2,000,000 or more inhabitants; changing boundaries by detachment or dissolution; petitions for dissolution; the requirements for granting petitions; copies of a petition; a detachment set aside upon petition; petition filing, notices, hearings, and decisions; the Administrative Review Law; a limitation on successive petitions; the effective date of a change; maps showing changes; teacher transfer; the annexation of dissolved non-operating districts; termination of offices; annexation compensation; the title to school sites and buildings; and a limitation on contesting boundary changes. Repeals provisions concerning county references, a change of boundaries in 2 or more counties, special charter districts, an election ordered by the regional superintendent of schools, the annexation of territory eliminated from a non-high school district, and the distribution of accumulated funds. Makes related changes in other Articles of the School Code. Effective July 1, 2016.
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| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 5-1, 7-04, 7-1, 7-2a, 7-4, 7-4.1, 7-5, 7-6, 7-7, 7-8, 7-9, | 6 | | 7-10, 7-11, 7-12, 7-14A, 7-29, 12-24, 16-2, and 32-4.6 and by | 7 | | adding Sections 7-01a, 7-10.5, and 10-22.35B as follows:
| 8 | | (105 ILCS 5/5-1) (from Ch. 122, par. 5-1)
| 9 | | Sec. 5-1. County school units.
| 10 | | (a) The territory in each county, exclusive of
any school | 11 | | district governed by any special act which requires the | 12 | | district
to appoint its own school treasurer, shall constitute | 13 | | a county school unit.
County school units of less than | 14 | | 2,000,000 inhabitants shall be known as
Class I county school | 15 | | units and the office of township trustees, where
existing on | 16 | | July 1, 1962, in such units shall be abolished on that date and
| 17 | | all books and records of such former township trustees shall be | 18 | | forthwith
thereafter transferred to the county board of school | 19 | | trustees. County
school units of 2,000,000 or more inhabitants | 20 | | shall be known as Class II
county school units and shall retain | 21 | | the office of township trustees
unless otherwise provided in | 22 | | subsection (b) or (c).
| 23 | | (b) Notwithstanding subsections (a) and (c), the
school |
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| 1 | | board of any elementary school district having a fall, 1989
| 2 | | aggregate enrollment of at least 2,500 but less than 6,500 | 3 | | pupils and
having boundaries that are coterminous with the | 4 | | boundaries of a high school
district, and the school board of | 5 | | any high school district having a fall,
1989 aggregate | 6 | | enrollment of at least 2,500 but less than 6,500 pupils and
| 7 | | having boundaries that are coterminous with the boundaries of | 8 | | an elementary
school district, may, whenever the territory of | 9 | | such school district forms
a part of a Class II county school
| 10 | | unit, by proper resolution withdraw such school district from | 11 | | the
jurisdiction and authority of the trustees of schools of | 12 | | the township in
which such school district is located and from | 13 | | the jurisdiction and
authority of the township treasurer in | 14 | | such Class II county school unit;
provided that the school | 15 | | board of any such school district shall, upon the
adoption and | 16 | | passage of such resolution, thereupon elect or appoint its own
| 17 | | school treasurer as provided in Section 8-1. Upon the adoption | 18 | | and passage
of such resolution and the election or appointment | 19 | | by the school board of
its own school treasurer: (1) the | 20 | | trustees of schools in such township
shall no longer have or | 21 | | exercise any powers and duties with respect to the
school | 22 | | district governed by such school board or with respect to the | 23 | | school
business, operations or assets of such school district; | 24 | | and (2) all books
and
records of the township trustees relating | 25 | | to the school business and
affairs of such school district | 26 | | shall be transferred and delivered to the
school board of such |
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| 1 | | school district. Upon the effective date of this
amendatory Act | 2 | | of 1993, the legal title to, and all right, title
and interest
| 3 | | formerly held by the township trustees in any school buildings | 4 | | and
school sites
used and occupied by the school board of such | 5 | | school district for school
purposes, that legal title, right, | 6 | | title and interest thereafter having
been transferred to and | 7 | | vested in the regional
board
of school trustees under P.A. | 8 | | 87-473 until the abolition of that regional
board of school | 9 | | trustees by P.A. 87-969, shall be deemed transferred by
| 10 | | operation of law to and shall vest in the school board of that | 11 | | school
district.
| 12 | | Notwithstanding subsections (a) and (c), the school boards | 13 | | of Oak Park & River Forest District 200, Oak Park Elementary | 14 | | School District 97, and River Forest School District 90 may, by | 15 | | proper resolution, withdraw from the jurisdiction and | 16 | | authority of the trustees of schools of Proviso and Cicero | 17 | | Townships and the township treasurer, provided that the school | 18 | | board shall, upon the adoption and passage of the resolution, | 19 | | elect or appoint its own school treasurer as provided in | 20 | | Section 8-1 of this Code. Upon the adoption and passage of the | 21 | | resolution and the election or appointment by the school board | 22 | | of its own school treasurer: (1) the trustees of schools in the | 23 | | township or townships shall no longer have or exercise any | 24 | | powers or duties with respect to the school district or with | 25 | | respect to the school business, operations, or assets of the | 26 | | school district; (2) all books and records of the trustees of |
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| 1 | | schools and all moneys, securities, loanable funds, and other | 2 | | assets relating to the school business and affairs of the | 3 | | school district shall be transferred and delivered to the | 4 | | school board; and (3) all legal title to and all right, title, | 5 | | and interest formerly held by the trustees of schools in any | 6 | | common school lands, school buildings, or school sites used and | 7 | | occupied by the school board and all rights of property and | 8 | | causes of action pertaining to or constituting a part of the | 9 | | common school lands, buildings, or sites shall be deemed | 10 | | transferred by operation of law to and shall vest in the school | 11 | | board.
| 12 | | Notwithstanding subsections (a) and (c), the respective | 13 | | school boards of Berwyn North School District 98, Berwyn South | 14 | | School District 100, Cicero School District 99, and J.S. Morton | 15 | | High School District 201 may, by proper resolution, withdraw | 16 | | from the jurisdiction and authority of the trustees of schools | 17 | | of Cicero Township and the township treasurer, provided that | 18 | | the school board shall, upon the adoption and passage of the | 19 | | resolution, elect or appoint its own school treasurer as | 20 | | provided in Section 8-1 of this Code. Upon the adoption and | 21 | | passage of the resolution and the election or appointment by | 22 | | the school board of its own school treasurer: (1) the trustees | 23 | | of schools in the township shall no longer have or exercise any | 24 | | powers or duties with respect to the school district or with | 25 | | respect to the school business, operations, or assets of the | 26 | | school district; (2) all books and records of the trustees of |
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| 1 | | schools and all moneys, securities, loanable funds, and other | 2 | | assets relating to the school business and affairs of the | 3 | | school district shall be transferred and delivered to the | 4 | | school board; and (3) all legal title to and all right, title, | 5 | | and interest formerly held by the trustees of schools in any | 6 | | common school lands, school buildings, or school sites used and | 7 | | occupied by the school board and all rights of property and | 8 | | causes of action pertaining to or constituting a part of the | 9 | | common school lands, buildings, or sites shall be deemed | 10 | | transferred by operation of law to and shall vest in the school | 11 | | board.
| 12 | | (c) Notwithstanding the provisions of subsection (a), the | 13 | | offices of
township treasurer and trustee of schools of any | 14 | | township located in a Class
II county school unit shall be | 15 | | abolished as provided in this subsection
if all of the | 16 | | following conditions are met:
| 17 | | (1) During the same 30 day period, each school board of | 18 | | each
elementary and unit school district that is subject to | 19 | | the jurisdiction and
authority of the township treasurer | 20 | | and trustees of schools of the township
in which those | 21 | | offices are sought to be abolished gives written notice by
| 22 | | certified mail, return receipt requested to the township | 23 | | treasurer and
trustees of schools of that township of the | 24 | | date of a meeting of the school
board, to be held not more | 25 | | than 90 nor less than 60 days after the date
when the | 26 | | notice is given, at which meeting the school board is to |
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| 1 | | consider
and vote upon the question of whether there shall | 2 | | be submitted to the
electors of the school district a | 3 | | proposition to abolish the offices of
township treasurer | 4 | | and trustee of schools of that township. None of the
| 5 | | notices given under this paragraph to the township | 6 | | treasurer and trustees
of schools of a township shall be | 7 | | deemed sufficient or in compliance with
the requirements of | 8 | | this paragraph unless all of those notices are given
within | 9 | | the same 30 day period.
| 10 | | (2) Each school board of each elementary and unit | 11 | | school district that
is subject to the jurisdiction and | 12 | | authority of the township treasurer and
trustees of schools | 13 | | of the township in which those offices are sought to
be | 14 | | abolished, by the affirmative vote of at least 5 members of | 15 | | the school
board at a school board meeting of which notice | 16 | | is given as required by
paragraph (1) of this subsection, | 17 | | adopts a resolution requiring the
secretary of the school | 18 | | board to certify to the proper election authorities
for | 19 | | submission to the electors of the school district at the | 20 | | next
consolidated election in accordance with the general
| 21 | | election law a
proposition to abolish the offices of | 22 | | township treasurer and trustee of
schools of that township. | 23 | | None of the resolutions adopted under this
paragraph by any | 24 | | elementary or unit school districts that are subject to
the | 25 | | jurisdiction and authority of the township treasurer and | 26 | | trustees of
schools of the township in which those offices |
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| 1 | | are sought to be abolished
shall be deemed in compliance | 2 | | with the requirements of this paragraph or
sufficient to | 3 | | authorize submission of the proposition to abolish those
| 4 | | offices to a referendum of the electors in any such school | 5 | | district unless
all of the school boards of all of the | 6 | | elementary and unit school districts
that are subject to | 7 | | the jurisdiction and authority of the township
treasurer | 8 | | and trustees of schools of that township adopt such a | 9 | | resolution
in accordance with the provisions of this | 10 | | paragraph.
| 11 | | (3) The school boards of all of the elementary and unit | 12 | | school
districts that are subject to the jurisdiction and | 13 | | authority of the
township treasurer and trustees of schools | 14 | | of the township in which those
offices are sought to be | 15 | | abolished submit a proposition to abolish the
offices of | 16 | | township treasurer and trustee of schools of that township | 17 | | to
the electors of their respective school districts at the | 18 | | same consolidated
election in accordance with the general | 19 | | election law, the ballot in each
such district to be in | 20 | | substantially the following form:
| 21 | | -------------------------------------------------------------
| 22 | | OFFICIAL BALLOT
| 23 | | Shall the offices of township
| 24 | | treasurer and YES
| 25 | | trustee of -------------
| 26 | | schools of Township ..... NO
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| 1 | | Range ..... be abolished?
| 2 | | -------------------------------------------------------------
| 3 | | (4) At the consolidated election at which the
| 4 | | proposition to abolish
the offices of township treasurer | 5 | | and trustee of schools of a township is
submitted to the | 6 | | electors of each elementary and unit school district that
| 7 | | is subject to the jurisdiction and authority of the | 8 | | township treasurer and
trustee of schools of that township, | 9 | | a majority of the electors voting on
the proposition in | 10 | | each such elementary and unit school district votes in
| 11 | | favor of the proposition as submitted to them.
| 12 | | If in each elementary and unit school district that is | 13 | | subject to the
jurisdiction and authority of the township | 14 | | treasurer and trustees of
schools of the township in which | 15 | | those offices are sought to be abolished a
majority of the | 16 | | electors in each such district voting at the consolidated
| 17 | | election on the proposition to abolish the offices of township | 18 | | treasurer
and trustee of schools of that township votes in | 19 | | favor of the proposition
as submitted to them, the proposition | 20 | | shall be deemed to have passed; but
if in any such elementary | 21 | | or unit school district a majority of the
electors voting on | 22 | | that proposition in that district fails to vote in favor
of the | 23 | | proposition as submitted to them, then notwithstanding the vote | 24 | | of
the electors in any other such elementary or unit school | 25 | | district on that
proposition the proposition shall not be | 26 | | deemed to have passed in any of
those elementary or unit school |
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| 1 | | districts, and the offices of township
treasurer and trustee of | 2 | | schools of the township in which those offices
were sought to | 3 | | be abolished shall not be abolished, unless in each of those
| 4 | | elementary and unit school districts remaining subject to the | 5 | | jurisdiction
and authority of the township treasurer and | 6 | | trustees of schools of that
township proceedings are again | 7 | | initiated to abolish those offices and all
of the proceedings | 8 | | and conditions prescribed in paragraphs (1) through (4)
of this | 9 | | subsection are repeated and met in each of those elementary and
| 10 | | unit school districts.
| 11 | | Notwithstanding the foregoing provisions of this Section | 12 | | or any other
provision of the School Code, the offices of | 13 | | township treasurer and trustee of
schools of a township that | 14 | | has a population of less than 200,000 and that
contains a unit | 15 | | school district and is located in a Class II county school unit
| 16 | | shall also be
abolished as provided in this subsection if all | 17 | | of the conditions set forth in
paragraphs (1), (2), and (3) of | 18 | | this subsection are met
and if the following additional | 19 | | condition is met:
| 20 | | The electors in all of the school districts subject to | 21 | | the jurisdiction and
authority of the township treasurer | 22 | | and trustees of schools of the township in
which those | 23 | | offices are sought to be abolished shall vote at the
| 24 | | consolidated
election on the proposition to abolish the | 25 | | offices of township treasurer and
trustee of schools of | 26 | | that township. If a majority of the electors in all of
the |
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| 1 | | school districts combined voting on the proposition vote in | 2 | | favor of the
proposition, then the proposition shall be | 3 | | deemed to have passed; but if a
majority of the electors | 4 | | voting on the proposition in all of the school
district | 5 | | fails to vote in favor of the proposition as submitted to | 6 | | them, then
the proposition shall not be deemed to have | 7 | | passed and the offices of township
treasurer and trustee of | 8 | | schools of the township in which those offices were
sought | 9 | | to be abolished shall not be abolished, unless and until | 10 | | the proceedings
detailed in paragraphs (1) through (3) of | 11 | | this subsection and the conditions
set forth in this | 12 | | paragraph are met.
| 13 | | If the proposition to abolish the offices of township | 14 | | treasurer and
trustee of schools of a township is deemed to | 15 | | have passed at the
consolidated election as provided in this | 16 | | subsection,
those offices shall be
deemed abolished by | 17 | | operation of law effective on January 1
of the
calendar year | 18 | | immediately following the calendar year in which that
| 19 | | consolidated election is held, provided that if after the
| 20 | | election, the trustees of schools by resolution elect to | 21 | | abolish the offices of
township treasurer and trustee of | 22 | | schools effective on July 1 immediately
following the election, | 23 | | then the offices shall be abolished on July 1
immediately | 24 | | following the election.
On the date that
the offices of | 25 | | township treasurer and trustee of schools of a
township are | 26 | | deemed abolished by operation of law, the school board of each
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| 1 | | elementary and unit school district and the school board of | 2 | | each high
school district that is subject to the jurisdiction | 3 | | and authority of the
township treasurer and trustees of schools | 4 | | of that township at the time
those offices are abolished: (i) | 5 | | shall appoint its own school treasurer as
provided in Section | 6 | | 8-1; and (ii) unless the term of the contract of a
township | 7 | | treasurer expires on the date that the office of township
| 8 | | treasurer is abolished, shall pay to the former township | 9 | | treasurer its
proportionate share of any aggregate | 10 | | compensation that, were the office of
township treasurer not | 11 | | abolished at that time, would
have been payable to the former | 12 | | township treasurer after that date over the
remainder of the | 13 | | term of the contract of the former township treasurer that
| 14 | | began prior to but ends after that date. In addition, on the | 15 | | date that the offices of township treasurer and trustee of
| 16 | | schools of a township are deemed abolished as provided in this | 17 | | subsection,
the school board of each elementary school, high | 18 | | school and unit school
district that until that date is subject | 19 | | to the jurisdiction and authority
of the township treasurer and | 20 | | trustees of schools of that township shall be
deemed by | 21 | | operation of law to have agreed and assumed to pay and, when
| 22 | | determined, shall pay to the Illinois Municipal Retirement
Fund | 23 | | a proportionate share of the unfunded liability existing in | 24 | | that Fund
at the time these offices are abolished in that
| 25 | | calendar year for all annuities or other benefits then or
| 26 | | thereafter to become payable from that Fund with respect to all |
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| 1 | | periods of
service performed prior to that date as a | 2 | | participating employee in that
Fund by persons serving during | 3 | | those periods of service as a trustee of
schools, township | 4 | | treasurer or regular employee in the office of the
township | 5 | | treasurer of that township. That unfunded liability shall be
| 6 | | actuarially determined by the board of trustees of the Illinois | 7 | | Municipal
Retirement Fund, and the board of trustees shall | 8 | | thereupon notify each
school board required to pay a | 9 | | proportionate share of that unfunded
liability of the aggregate | 10 | | amount of the unfunded liability so determined.
The amount so | 11 | | paid to the Illinois Municipal Retirement Fund by each of
those | 12 | | school districts shall be credited to the account of the | 13 | | township in
that Fund. For each elementary school, high school | 14 | | and unit school district
under the jurisdiction and authority | 15 | | of a township treasurer and trustees
of schools of a township | 16 | | in which those offices are abolished as provided
in this | 17 | | subsection, each such district's proportionate share of the
| 18 | | aggregate compensation payable to the former township | 19 | | treasurer as provided
in this paragraph and each such | 20 | | district's proportionate share of the
aggregate amount of the | 21 | | unfunded liability payable to the Illinois
Municipal | 22 | | Retirement Fund as provided in this paragraph shall be computed
| 23 | | in accordance with the ratio that the number of pupils in | 24 | | average daily
attendance in each such district for the school | 25 | | year last ending prior to the date on which
the offices of | 26 | | township treasurer and trustee of schools of that township
are |
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| 1 | | abolished bears to the aggregate number of pupils in average | 2 | | daily
attendance in all of those districts as so reported for | 3 | | that school year.
| 4 | | Upon abolition of the offices of township treasurer and | 5 | | trustee of
schools of a township as provided in this | 6 | | subsection: (i) the regional
board of school trustees, in its | 7 | | corporate capacity, shall be deemed the
successor in interest | 8 | | to the former trustees of schools of that township
with respect | 9 | | to the common school lands and township loanable funds of the
| 10 | | township; (ii) all right, title and interest existing or vested | 11 | | in the
former trustees of schools of that township in the | 12 | | common school lands and
township loanable funds of the | 13 | | township, and all records, moneys,
securities and other assets, | 14 | | rights of property and causes of action
pertaining to or | 15 | | constituting a part of those common school lands or
township | 16 | | loanable funds, shall be transferred to and deemed vested by
| 17 | | operation of law in the regional board of school trustees, | 18 | | which shall hold
legal title to, manage and operate all common | 19 | | school lands and township
loanable funds of the township, | 20 | | receive the rents, issues and profits
therefrom, and have and | 21 | | exercise with respect thereto the same powers and
duties as are | 22 | | provided by this Code to be exercised by regional boards of
| 23 | | school trustees when acting as township land commissioners in | 24 | | counties
having at least 220,000 but fewer than 2,000,000 | 25 | | inhabitants; (iii) the
regional board of school trustees shall | 26 | | select to serve as its treasurer
with respect to the common |
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| 1 | | school lands and township loanable funds of the
township a | 2 | | person from time to time also serving as the appointed school
| 3 | | treasurer of any school district that was subject to the | 4 | | jurisdiction and
authority of the township treasurer and | 5 | | trustees of schools of that
township at the time those offices | 6 | | were abolished, and the person selected
to also serve as | 7 | | treasurer of the regional board of school trustees shall
have | 8 | | his compensation for services in that capacity fixed by the | 9 | | regional
board of school trustees, to be paid from the township | 10 | | loanable funds, and
shall make to the regional board of school | 11 | | trustees the reports required to be
made by treasurers of | 12 | | township land commissioners, give bond as required by
| 13 | | treasurers of township land commissioners, and perform the | 14 | | duties and
exercise the powers of treasurers of township land | 15 | | commissioners; (iv) the
regional board of school trustees shall | 16 | | designate in the manner provided by
Section 8-7, insofar as | 17 | | applicable, a depositary for its treasurer, and the
proceeds of | 18 | | all rents, issues and profits from the common school lands and
| 19 | | township loanable funds of that township shall be deposited and | 20 | | held in the
account maintained for those purposes with that | 21 | | depositary and shall be
expended and distributed therefrom as | 22 | | provided in Section 15-24 and other
applicable provisions of | 23 | | this Code; and (v) whenever there is vested in the
trustees of | 24 | | schools of a township at the time that office is abolished
| 25 | | under this subsection the legal title to any school buildings | 26 | | or school
sites used or occupied for school purposes by any |
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| 1 | | elementary school, high
school or unit school district subject | 2 | | to the jurisdiction and authority of
those trustees of school | 3 | | at the time that office is abolished, the legal
title to those | 4 | | school buildings and school sites shall be deemed
transferred | 5 | | by operation of law to and invested in the
school board of that | 6 | | school district, in its corporate
capacity under Section | 7 | | 10-22.35B of this Code 7-28 , the
same to be held, sold, | 8 | | exchanged leased or otherwise transferred in
accordance with | 9 | | applicable provisions of this Code.
| 10 | | Notwithstanding Section 2-3.25g of this Code, a waiver of a | 11 | | mandate
established under this Section may not be requested.
| 12 | | (Source: P.A. 94-1078, eff. 1-9-07; 94-1105, eff. 6-1-07; 95-4, | 13 | | eff. 5-31-07; 95-876, eff. 8-21-08.) | 14 | | (105 ILCS 5/7-01a new) | 15 | | Sec. 7-01a. Purpose and applicability. The purpose of this | 16 | | Article is to permit greater flexibility and efficiency in the | 17 | | detachment and dissolution of school districts for the | 18 | | improvement of the administration and quality of educational | 19 | | services and for the best interests of pupils. This Article | 20 | | applies only to school districts with under 500,000 | 21 | | inhabitants, but includes special charter districts and | 22 | | non-high school districts.
| 23 | | (105 ILCS 5/7-04) (from Ch. 122, par. 7-04)
| 24 | | Sec. 7-04.
Districts in educational service regions of |
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| 1 | | 2,000,000 or more
inhabitants.
| 2 | | (a) In all proceedings under this Article to change by | 3 | | detachment,
annexation, division, dissolution, or any | 4 | | combination of those methods the
boundaries of any school | 5 | | district (other than a school district organized
under Article | 6 | | 34) located in an educational service region of 2,000,000 or
| 7 | | more inhabitants in which the regional board of school trustees | 8 | | is
abolished as provided in subsection (a) of Section 6-2, the | 9 | | trustees of
schools of the township that has jurisdiction and | 10 | | authority over the detaching or dissolving in which that school | 11 | | district is located , as the
successor under subsection (b) of | 12 | | Section 6-2 to the former regional board
of school trustees | 13 | | with respect to all territory located in that school
township, | 14 | | shall have, exercise, and perform all powers, duties, and
| 15 | | responsibilities required under this Article to be exercised | 16 | | and performed
in those proceedings by a regional board of | 17 | | school trustees; provided that
if any detaching or dissolving | 18 | | school district involved in affected by those proceedings is | 19 | | not under the jurisdiction and authority of the trustees of | 20 | | schools of a township located in
a school township referred to | 21 | | in subsection (b) of Section 5-1 and there
are no trustees of | 22 | | schools acting in that township then the school board
of any | 23 | | such district, as the successor under subsection (b) of Section | 24 | | 6-2
to the former regional board of school trustees with | 25 | | respect to the
territory comprising that school district , a | 26 | | hearing panel as established in this Section shall have, |
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| 1 | | exercise, and
perform all powers, duties, and responsibilities | 2 | | required under this
Article to be exercised and performed in | 3 | | those proceedings with respect to the detaching or dissolving
| 4 | | the territory of that school district by a regional board of | 5 | | school
trustees . ; and provided further that: (i) when any | 6 | | school district affected
by those proceedings is located not | 7 | | only in an educational service region
of 2,000,000 or more | 8 | | inhabitants but also in 2 or more school townships in
that | 9 | | region that each have trustees of schools of the township, then | 10 | | the
boundaries of that school district may be changed under | 11 | | this Article by
detachment, annexation, division, dissolution, | 12 | | or any combination of those
methods only by the concurrent | 13 | | action of, taken following a joint hearing
before the trustees | 14 | | of schools of those townships (in that educational
service | 15 | | region) in which that school district is located; and (ii) if | 16 | | any
part of the school district referred to in item (i) of this | 17 | | subsection
also lies within an educational service region that | 18 | | has a regional board of
school trustees, the boundaries of that | 19 | | district may be changed under this
Article only by the | 20 | | concurrent action of, taken following a joint hearing
before | 21 | | the trustees of schools of the townships referred to in item | 22 | | (i) of
this subsection and the regional board of school | 23 | | trustees of the educational
service region referred to in this | 24 | | item (ii) of this subsection. Whenever
concurrent action and | 25 | | joint hearings are required under this subsection,
the original | 26 | | petition shall be filed with the trustees of schools of the
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| 1 | | township in which the territory or greatest portion of the | 2 | | territory being
detached is located, or if the territory is | 3 | | being detached from more than
one educational service region | 4 | | then with the regional board of school
trustees of the region | 5 | | or the trustees of schools of the township in which
the | 6 | | territory or greatest portion of the territory being detached | 7 | | is located.
| 8 | | (a-5) As applicable, the hearing panel shall be made up of | 9 | | 3 persons who have a demonstrated interest and background in | 10 | | education. Each hearing panel member must reside within an | 11 | | educational service region of 2,000,000 or more inhabitants but | 12 | | not within the boundaries of a school district organized under | 13 | | Article 34 of this Code and may not be a current school board | 14 | | member of the detaching or dissolving or annexing school | 15 | | district or a current employee of the detaching or dissolving | 16 | | or annexing school district or hold any county office. All 3 | 17 | | persons must be selected by the chief administrative officer of | 18 | | the educational service center in which the chief | 19 | | administrative officer has supervision and control, as defined | 20 | | in Section 3-14.2 of this Code, of the detaching or dissolving | 21 | | school district. The members of a hearing panel as established | 22 | | in this Section shall serve without remuneration; however, the | 23 | | necessary expenses, including travel, attendant upon any | 24 | | meeting or hearing in relation to a proceeding under this | 25 | | Article must be paid. | 26 | | (a-10) The petition must be filed with the trustees of |
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| 1 | | schools of the township with jurisdiction and authority over | 2 | | the detaching or dissolving school district or with the chief | 3 | | administrative officer of the educational service center in | 4 | | which the chief administrative officer has supervision and | 5 | | control, as defined in Section 3-14.2 of this Code, of the | 6 | | detaching or dissolving school district, as applicable. The | 7 | | chief administrative officer of the educational service center | 8 | | or a person designated by the trustees of schools of the | 9 | | township, as applicable, shall have, exercise, and perform all | 10 | | powers, duties, and responsibilities required under this | 11 | | Article that are otherwise assigned to regional | 12 | | superintendents of schools. | 13 | | (b) Except as otherwise provided in this Section, all other | 14 | | provisions
of this Article shall apply to any proceedings under | 15 | | this Article to change
the boundaries of any school district | 16 | | located in an educational service
region having 2,000,000 or | 17 | | more inhabitants in the same manner that those
provisions apply | 18 | | to any proceedings to change the boundaries of any school
| 19 | | district located in any other educational service region; | 20 | | provided, that any
reference in those other provisions to the | 21 | | regional board of school trustees
shall mean, with respect to | 22 | | all territory within an educational service region
containing | 23 | | 2,000,000 or more inhabitants that formerly was served by a | 24 | | regional
board of school trustees abolished under subsection | 25 | | (a) of Section 6-2, the
trustees of schools of the township or | 26 | | the school board of the school district
that is the successor |
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| 1 | | under subsection (b) of Section 6-2 to the former
regional | 2 | | board of school trustees with respect to the territory included | 3 | | within
that school township or school district or the hearing | 4 | | panel as established by this Section .
| 5 | | (Source: P.A. 87-969.)
| 6 | | (105 ILCS 5/7-1) (from Ch. 122, par. 7-1)
| 7 | | Sec. 7-1. Changing Districts in one educational service | 8 | | region - changing boundaries by detachment or dissolution .
| 9 | | (a) School district boundaries lying entirely within any | 10 | | educational
service
region may be changed by detachment, | 11 | | annexation, division or dissolution
or any combination thereof | 12 | | by the regional board of school trustees of such
region, or by | 13 | | the State Superintendent of Education as provided in
subsection | 14 | | (l) of Section 7-6 , when petitioned by the boards of each
| 15 | | district affected or by a majority of the registered voters in | 16 | | each
district affected or by two-thirds of the registered | 17 | | voters in any
territory proposed to be detached from one or | 18 | | more districts or in each of
one or more districts proposed to | 19 | | be annexed to another district . | 20 | | The petition must be filed with and decided solely by the | 21 | | regional board of school trustees of the region in which the | 22 | | regional superintendent of schools has supervision and | 23 | | control, as defined in Section 3-14.2 of this Code, of the | 24 | | detaching or dissolving school district. The petition may be | 25 | | filed in any office operated by the regional superintendent |
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| 1 | | with supervision and control, as defined in Section 3-14.2 of | 2 | | this Code, of the detaching or dissolving school district. | 3 | | A petition for boundary change must be filed by the school | 4 | | board of the detaching or dissolving district, by a majority of | 5 | | the legal resident voters in the dissolving district, or by a | 6 | | combination of two-thirds of the legal resident voters and the | 7 | | owners of record of any real estate with no legal resident | 8 | | voters in any territory proposed to be detached. If any of the | 9 | | territory proposed to be detached contains real estate with no | 10 | | legal resident voters, petitioners shall deliver the petition | 11 | | by certified mail, return receipt requested, to all owners of | 12 | | record of any real estate with no legal resident voters. Proof | 13 | | of such delivery must be presented as evidence at the hearing | 14 | | required under Section 7-6 of this Code. Any owner of record of | 15 | | real estate with no legal resident voters in any territory | 16 | | proposed to be detached may either sign the petition in person | 17 | | and before the circulator as described in this Section or | 18 | | return the petition with his or her notarized signature to be | 19 | | included as a petitioner. If there are no legal resident voters | 20 | | within the territory proposed to be detached, then the petition | 21 | | must be signed by all of the owners of record of the real | 22 | | estate of the territory. Legal resident
Registered voters shall | 23 | | be determined by the official voter registration
lists as of | 24 | | the date the petition is filed. No signatures shall be added or | 25 | | withdrawn
after the date the petition is filed. The length of | 26 | | time for signatures to be valid, before filing of the petition, |
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| 1 | | shall not exceed 6 months. Notwithstanding any provision to the | 2 | | contrary contained in the Election Code, the regional | 3 | | superintendent of schools shall make all determinations | 4 | | regarding the validity of the petition, including, without | 5 | | limitation, signatures on the petition, subject to | 6 | | administrative review in accordance with Section 7-7 of this | 7 | | Code. If the regional superintendent determines that the | 8 | | petition is not in proper order or not in compliance with any | 9 | | applicable petition requirements set forth in the Election | 10 | | Code, the regional superintendent may not accept the petition | 11 | | for filing and shall return the petition to the petitioners. If | 12 | | there are no registered voters
within the territory proposed to | 13 | | be detached from one or more districts,
then the petition may | 14 | | be signed by all of the owners of record of the real
estate of | 15 | | the territory. Notwithstanding any other provisions of this
| 16 | | Article, if pursuant to a petition filed under this subsection | 17 | | all of the
territory of
a school district is to be annexed to | 18 | | another school district, any
action by the regional board of | 19 | | school trustees or State
Superintendent of Education in | 20 | | granting or approving the petition and any
change in school | 21 | | district boundaries pursuant to that action is subject to and
| 22 | | the change in school district boundaries shall not be made | 23 | | except upon approval
at a regular scheduled election, in the | 24 | | manner provided by Section 7-7.7, of a
proposition for the | 25 | | annexation of all of the territory of that school district
to | 26 | | the other school district.
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| 1 | | Petitions for detachment and dissolution shall | 2 | | substantially comply with the requirements in this Section and | 3 | | Section 28-3 of the Election Code for petitions for public | 4 | | policy questions. Petitions Each page of the circulated | 5 | | petition shall include the full prayer of the
petition at the | 6 | | top of each page. Each , and each signature contained therein | 7 | | shall match the official
signature and address of the legal | 8 | | resident registered voters as recorded in the office
of the | 9 | | county clerk, and each election authority having jurisdiction | 10 | | over the county. Each petitioner
shall also record the date of | 11 | | his or her signing. Except in instances of a notarized | 12 | | signature of an owner of record of real estate with no legal | 13 | | resident voters in any territory proposed to be detached, each | 14 | | Each page of the petition shall
be signed by a circulator who | 15 | | has witnessed the signature of each
petitioner on that page. In | 16 | | any other case of a detachment and within his or her sole | 17 | | discretion, the regional superintendent may accept | 18 | | notarization in lieu of a circulator statement. Each petition | 19 | | shall include an accurate legal description and map of the | 20 | | territory proposed to be detached. If a petition proposes to | 21 | | dissolve an entire district, then the full name and number of | 22 | | the district and a map are sufficient. Each petition shall | 23 | | include the names of petitioners; the district to be dissolved | 24 | | or the district from which the territory is proposed to be | 25 | | detached; the district or districts to which the territory is | 26 | | proposed to be annexed; evidence that the detaching or |
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| 1 | | dissolving territory is compact and contiguous with the | 2 | | annexing district or districts or otherwise meets the | 3 | | requirements set forth in Section 7-4 of this Code; the | 4 | | referendum date, if applicable; and facts that support | 5 | | favorable findings for the factors to be considered by the | 6 | | regional board of school trustees pursuant to Section 7-6 of | 7 | | this Code. The length of time for signatures to be valid,
| 8 | | before filing of the petition, shall not exceed 6 months.
| 9 | | Where there is only one school building in an approved | 10 | | operating
district, the building and building site may not be | 11 | | included in any
detachment proceeding unless petitioned by | 12 | | two-thirds of the registered
voters within the entire district | 13 | | wherein the school is located .
| 14 | | Notwithstanding any other provisions of this Code, if, | 15 | | pursuant to a petition filed under this subsection (a), all of | 16 | | the territory of a school district is to be annexed to another | 17 | | school district, then any action by the regional board of | 18 | | school trustees in granting or approving the petition and any | 19 | | change in school district boundaries pursuant to that action is | 20 | | subject to and the change in school district boundaries may not | 21 | | be made except upon approval, at a regular scheduled election, | 22 | | in the manner provided by Section 7-7.7 of this Code, of a | 23 | | proposition for the annexation of all of the territory of that | 24 | | school district to the other school district. | 25 | | No petition may be filed under this Section to form a new | 26 | | school district under this Article; however, such a petition |
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| 1 | | may be filed under this Section to form a new school district | 2 | | if the boundaries of such new school district lie entirely | 3 | | within the boundaries of a military base or installation | 4 | | operated and maintained by the government of the United States. | 5 | | (b) Any elementary or high school district with 100 or more | 6 | | of its
students residing upon territory located entirely within | 7 | | a military base or
installation operated and maintained by the | 8 | | government of the United States, or
any unit school district or | 9 | | any combination of the above mentioned
districts with 300 or | 10 | | more of its students residing upon territory located
entirely | 11 | | within a military base or installation operated and maintained | 12 | | by
the government of the United States, shall, upon the filing | 13 | | with the
regional board of school trustees of a petition | 14 | | adopted by resolution of
the board of education or a petition | 15 | | signed by a majority of the registered
voters residing upon | 16 | | such military base or installation, have all of the
territory | 17 | | lying entirely within such military base or installation | 18 | | detached
from such school district, and a new school district | 19 | | comprised of such
territory shall be created. The petition | 20 | | shall be filed with and decided
solely by the regional board of | 21 | | school trustees of the region in which the
regional | 22 | | superintendent of schools has supervision and control, as | 23 | | defined by Section 3-14.2 of this Code, of the school district
| 24 | | affected. The regional board of school trustees shall have no | 25 | | authority to
deny the detachment and creation of a new school | 26 | | district requested in a
proper petition filed under this |
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| 1 | | subsection. This subsection shall apply
only to those school | 2 | | districts having a population of not fewer than
1,000 and not | 3 | | more than 500,000 residents, as
ascertained by any special or | 4 | | general census.
| 5 | | The new school district shall tuition its students to the | 6 | | same
districts that its students were previously attending and | 7 | | the districts
from which the new district was detached shall | 8 | | continue to educate the
students from the new district, until | 9 | | the federal government provides other
arrangements. The | 10 | | federal government shall pay for the education of such
children | 11 | | as required by Section 6 of Public Law 81-874.
| 12 | | If a school district created under this subsection (b) has | 13 | | not elected a
school board
and has not become operational | 14 | | within 2 years after the date of detachment,
then this
district | 15 | | is automatically dissolved and the territory of this district | 16 | | reverts
to the school
district from which the territory was | 17 | | detached or any successor district
thereto. Any school district | 18 | | created
under this
subsection (b) on or before September 1, | 19 | | 1996 that has not elected a school
board and has
not been | 20 | | operational since September 1, 1996 is automatically dissolved | 21 | | on the
effective
date of this amendatory Act of 1999, and on | 22 | | this date the territory of this
district reverts
to the school | 23 | | district from which the territory was detached. For the
| 24 | | automatic dissolution of a school district created under this | 25 | | subsection (b),
the
regional superintendent of schools
who has
| 26 | | supervision and control, as defined by Section 3-14.2 of this |
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| 1 | | Code, of the school district from which the territory was | 2 | | detached shall
certify to
the regional board of school trustees | 3 | | that the school district created under
this subsection
(b) has | 4 | | been automatically dissolved.
| 5 | | (Source: P.A. 90-459, eff. 8-17-97; 91-460, eff. 8-6-99.)
| 6 | | (105 ILCS 5/7-2a) (from Ch. 122, par. 7-2a)
| 7 | | Sec. 7-2a.
(a) (Blank). Except as provided in subsection | 8 | | (b) of this
Section, any petition for dissolution filed under | 9 | | this Article must
specify the school district or districts to | 10 | | which all of the territory
of the district proposed to be | 11 | | dissolved
will be annexed. Any petition for dissolution may be | 12 | | made by the board of
education of the district or a majority of | 13 | | the legal voters residing in
the district proposed to be | 14 | | dissolved. No petition from any other
district affected by the | 15 | | proposed dissolution shall be required.
| 16 | | (b) Any school district with a population of less than | 17 | | 5,000 residents or an enrollment of less than 750 students, as | 18 | | determined by the district's current fall housing report filed | 19 | | with the State Board of Education,
shall be dissolved and its | 20 | | territory annexed as provided in Section 7-11 by
the regional | 21 | | board of school trustees upon the filing with the regional
| 22 | | board of school trustees of a petition adopted by resolution of | 23 | | the board of
education or a petition signed by a majority of | 24 | | the legal resident registered voters of
the district seeking | 25 | | such dissolution. No petition shall be adopted or
signed under |
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| 1 | | this subsection until the board of education or the
| 2 | | petitioners, as the case may be, shall have given at least 10 | 3 | | days' notice
to be published once in a newspaper having general | 4 | | circulation in the
district and shall have conducted a public | 5 | | informational meeting to inform
the residents of the district | 6 | | of the proposed dissolution and to answer
questions concerning | 7 | | the proposed dissolution. The petition shall be filed with
and | 8 | | decided solely by the regional board of school trustees of the | 9 | | region
in which the regional superintendent of schools has | 10 | | supervision and control, as defined by Section 3-14.2 of this | 11 | | Code, of the
school district being dissolved. | 12 | | The regional board of school trustees
shall not act on a | 13 | | petition filed by a board of education if within 45 days
after | 14 | | giving the first notice of the hearing required under Section | 15 | | 7-11 a petition
in opposition to the petition of the board to | 16 | | dissolve, signed by a
majority of the legal resident registered | 17 | | voters of the district, is filed with the
regional board of | 18 | | school trustees. In such an event, the dissolution petition is | 19 | | dismissed on procedural grounds by operation of law and the | 20 | | regional board of school trustees shall have no further | 21 | | authority to consider the petition. A dissolution petition | 22 | | dismissed as the result of a valid opposition petition is not | 23 | | subject to the limitation on successive petitions as provided | 24 | | in Section 7-8 of this Code, and a new petition may be filed | 25 | | upon receipt of the regional board of school trustees' notice | 26 | | stating that the original petition was dismissed by operation |
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| 1 | | of law. | 2 | | For all petitions under this Section, the legal resident | 3 | | voters must be determined by the official voter registration | 4 | | lists as of the date the petition is filed. No signatures may | 5 | | be added or withdrawn after the date the petition is filed. The | 6 | | length of time for signatures to be valid, before filing of the | 7 | | petition, may not exceed 6 months. Notwithstanding any | 8 | | provision to the contrary contained in the Election Code, the | 9 | | regional superintendent of schools shall make all | 10 | | determinations regarding the validity of the petition, | 11 | | including, without limitation, signatures on the petition, | 12 | | subject to administrative review in accordance with Section | 13 | | 7-11 of this Code.
If no opposition petition is timely filed, | 14 | | the The regional board of school trustees
shall have no | 15 | | authority to deny dissolution requested in a proper petition
| 16 | | for dissolution filed under this Section subsection (b) , but | 17 | | shall exercise its
discretion in accordance with Section 7-11 | 18 | | on the issue of annexing the
territory of a district being | 19 | | dissolved, giving consideration to but not
being bound by the | 20 | | wishes expressed by the residents of
the various school | 21 | | districts that may be affected by such annexation.
| 22 | | When dissolution and annexation become effective for | 23 | | purposes of
administration and attendance as determined | 24 | | pursuant to Section 7-11,
the positions of teachers
in | 25 | | contractual continued service in the district being dissolved | 26 | | are
transferred to an
annexing district or to annexing |
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| 1 | | districts pursuant to the provisions of
Section 24-12 relative | 2 | | to teachers having contractual continued service
status whose | 3 | | positions are transferred from one board to the control of a
| 4 | | different board, and those said provisions of Section 24-12 | 5 | | shall apply to
said transferred teachers. In the event that the | 6 | | territory is added to 2
or more districts, the decision on | 7 | | which positions shall be transferred to
which annexing | 8 | | districts shall be made giving consideration to the
| 9 | | proportionate percent of pupils transferred and the annexing | 10 | | districts'
staffing needs, and the transfer of specific | 11 | | individuals into such positions
shall be based upon the request | 12 | | of those teachers in order of seniority in
the dissolving | 13 | | district. The contractual continued service status of any
| 14 | | teacher thereby transferred to an annexing district is not lost | 15 | | and the
different board is subject to this Act with respect to | 16 | | such transferred
teacher in the same manner as if such teacher | 17 | | was that district's employee
and had been its employee during | 18 | | the time such teacher was actually
employed by the board of the | 19 | | dissolving district from which the position
was transferred.
| 20 | | (Source: P.A. 98-125, eff. 8-2-13.)
| 21 | | (105 ILCS 5/7-4) (from Ch. 122, par. 7-4)
| 22 | | Sec. 7-4. Requirements for granting petitions. No petition | 23 | | shall be
granted under Section 7-1 or 7-2 of this Code:
| 24 | | (a) If there will be any non-high school territory | 25 | | resulting from
the granting of the petition.
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| 1 | | (b) (Blank). Unless after granting the petition any | 2 | | community unit district,
community consolidated district, | 3 | | elementary district or high school district
created shall have | 4 | | a population of at least
2,000 and an equalized assessed | 5 | | valuation of at least $6,000,000 based
upon the last value as | 6 | | equalized by the Department of Revenue
as of the date of filing | 7 | | of the petition.
| 8 | | (c) Unless the territory within any district so created or | 9 | | any
district whose boundaries are affected by the granting of a | 10 | | petition
shall after the granting thereof be compact and | 11 | | contiguous, except as
provided in Section 7-6 of this Code or | 12 | | as otherwise provided in this subdivision (c). The fact that a | 13 | | district is
divided by territory lying within the corporate | 14 | | limits of the city of
Chicago shall not render it non-compact | 15 | | or non-contiguous. If, pursuant to a petition filed under | 16 | | Section 7-1 or 7-2 of this Code, all of the territory of a | 17 | | district is to be annexed to another district, then the | 18 | | annexing district and the annexed district need not be | 19 | | contiguous if the following requirements are met and documented | 20 | | within 2 calendar years prior to the petition filing date:
| 21 | | (1) the distance between each district administrative | 22 | | office is documented as no more than 30 miles; | 23 | | (2) every district contiguous to the district wishing | 24 | | to be annexed determines that it is not interested in | 25 | | participating in a petition filed under Section 7-1 or 7-2 | 26 | | of this Code, through a vote of its school board, and |
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| 1 | | documents that non-interest in a letter to the regional | 2 | | board of school trustees containing approved minutes that | 3 | | record the school board vote; and | 4 | | (3) documentation of meeting these requirements are | 5 | | presented as evidence at the hearing required under Section | 6 | | 7-6 of this Code. | 7 | | (d) (Blank). To create any school district with a | 8 | | population of less than
2,000 unless the State Board of | 9 | | Education and the regional
superintendent of schools for the | 10 | | region in which the proposed district
will lie shall certify to | 11 | | the regional board or boards of school trustees
that the | 12 | | creation of such new district will not interfere with the
| 13 | | ultimate reorganization of the territory of such proposed | 14 | | district as a
part of a district having a population of 2,000 | 15 | | or more.
Notwithstanding any other provisions of this Article, | 16 | | the granting or
approval by a regional board or regional boards | 17 | | of school trustees or by the
State Superintendent of Education | 18 | | of a petition that under subsection (b-5) of
Section 7-6 is | 19 | | required to request the submission of a proposition at a | 20 | | regular
scheduled election for the purpose of voting for or | 21 | | against the annexation of
the territory described in the | 22 | | petition to the
school district proposing to annex that | 23 | | territory is subject to, and any change
in school district | 24 | | boundaries pursuant to the granting of the petition shall
not | 25 | | be made except upon, approval of the proposition at the | 26 | | election in the
manner provided by Section 7-7.7.
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| 1 | | (Source: P.A. 98-125, eff. 8-2-13.)
| 2 | | (105 ILCS 5/7-4.1) (from Ch. 122, par. 7-4.1)
| 3 | | Sec. 7-4.1. Copies of petition. Each petition submitted | 4 | | under the provisions of Section 7-1 or 7-2
shall include proof | 5 | | of notice to owners of record of real estate with no legal | 6 | | resident voters in any territory proposed to be detached, if | 7 | | applicable, and be accompanied by sufficient copies thereof for | 8 | | distribution to the
board of each detaching or dissolving and | 9 | | annexing school district involved . The copies need not be | 10 | | signed by
the petitioners as is required of the original | 11 | | petition.
| 12 | | (Source: Laws 1963, p. 3037 .)
| 13 | | (105 ILCS 5/7-5) (from Ch. 122, par. 7-5)
| 14 | | Sec. 7-5. Detachment set aside upon petition. If there is a | 15 | | recognized school district which as a result of detachment
is | 16 | | without a school building, the detachment may be set aside by | 17 | | the regional county
board of school trustees of the region in | 18 | | county over which the regional county superintendent
of schools | 19 | | had supervision and control , as defined in Section 3-14.2 of | 20 | | this Code, prior to the detachment upon
petition by two-thirds | 21 | | of the eligible voters in the school district after
such | 22 | | detachment and the detached area. The regional county board of | 23 | | school trustees
shall conduct a hearing upon the petition as | 24 | | prescribed and in the manner
provided in Section 7-6.
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| 1 | | (Source: Laws 1961, p. 31 .)
| 2 | | (105 ILCS 5/7-6) (from Ch. 122, par. 7-6)
| 3 | | Sec. 7-6. Petition filing; notice; hearing; decision.
| 4 | | (a) The secretary of the regional board of school trustees | 5 | | or his or her designee, the chief administrative officer of an | 6 | | educational service center under Section 7-04 of this Code or | 7 | | his or her designee, or the person designated by the trustees | 8 | | of schools of the township in accordance with subsection (a-10) | 9 | | of Section 7-04 of this Code, as appropriate, shall facilitate | 10 | | the filing of the petition, publication of notice, conduct of | 11 | | the hearing, and issuance of the final order. Upon the filing | 12 | | of a petition with the secretary of the regional board
of | 13 | | school trustees under the provisions of Section 7-1 or 7-2 of | 14 | | this Code,
Act the secretary shall cause a copy of such | 15 | | petition to be given to the
each board of each detaching or | 16 | | dissolving and annexing school any district involved in the | 17 | | proposed boundary change and
shall cause a notice thereof to be | 18 | | published once in a newspaper having
general circulation within | 19 | | the area of the detaching or dissolving territory described in | 20 | | the
petition for the proposed change of boundaries .
| 21 | | (b) (Blank). When a joint hearing is required under the | 22 | | provisions of Section
7-2, the secretary also shall cause a | 23 | | copy of the notice to be sent to the
regional board of school | 24 | | trustees of each region affected. Notwithstanding
the | 25 | | foregoing provisions of this Section, if the secretary of the |
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| 1 | | regional
board of school trustees with whom a petition is filed | 2 | | under Section 7-2 fails,
within 30 days after the filing of | 3 | | such petition, to cause notice thereof
to be published and sent | 4 | | as required by this Section, then the secretary of
the regional | 5 | | board of school trustees of any other region affected may
cause | 6 | | the required notice to be published and sent, and the joint | 7 | | hearing
may be held in any region affected as provided in the | 8 | | notice so
published.
| 9 | | (b-5) If a petition filed under subsection (a) of Section | 10 | | 7-1 or under
Section 7-2 proposes to annex all the territory of | 11 | | a school district to another
school district, the petition | 12 | | shall request the
submission of a proposition at a regular | 13 | | scheduled election for the purpose of
voting for or against the | 14 | | annexation of the
territory described in the petition to the | 15 | | school district proposing to annex
that territory. No petition | 16 | | filed or election held under this Article shall be
null and | 17 | | void, invalidated, or deemed in noncompliance with the Election | 18 | | Code
because of a failure to publish a notice with respect to | 19 | | the petition or
referendum as required under subsection (g) of | 20 | | Section 28-2 of that Code for
petitions that are not filed | 21 | | under this Article or Article 11E
of this Code.
| 22 | | (c) When a petition contains more than 10 signatures the | 23 | | petition shall
designate a committee of 10 of the petitioners | 24 | | as attorney in fact for all
petitioners, any 7 of whom may make | 25 | | binding stipulations on behalf of all
petitioners as to any | 26 | | question with respect to the petition or hearing or
joint |
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| 1 | | hearing , and the regional board of school trustees , or regional
| 2 | | boards of school trustees in cases of a joint hearing may | 3 | | accept such
stipulation in lieu of evidence or proof of the | 4 | | matter stipulated. The
committee of petitioners shall have the | 5 | | same power to stipulate to
accountings or waiver thereof | 6 | | between school districts; however, the
regional board of school | 7 | | trustees , or regional boards of school trustees in
cases of a | 8 | | joint hearing may refuse to accept such stipulation.
Those | 9 | | designated as the committee of 10 shall serve in that capacity | 10 | | until
such time as the regional superintendent of schools or | 11 | | the committee of 10
determines that, because of death, | 12 | | resignation, transfer of residency from the
territory, or | 13 | | failure to qualify, the office of a particular member of the
| 14 | | committee of 10 is vacant. Upon determination that a vacancy | 15 | | exists, the
remaining members shall appoint a petitioner to | 16 | | fill the designated vacancy on
the committee of 10. The | 17 | | appointment of any new members by the committee of 10
shall be | 18 | | made by a simple majority vote of the remaining designated | 19 | | members.
| 20 | | (d) The petition may be amended to withdraw not to exceed a | 21 | | total of 10%
of the territory in the petition at any time prior | 22 | | to the hearing or joint
hearing ; provided that the petition | 23 | | shall after amendment comply with the
requirements as to the | 24 | | number of signatures required on an original petition.
| 25 | | (e) The petitioners shall pay the expenses of publishing | 26 | | the notice and
of any transcript taken at the hearing and |
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| 1 | | mailing the final order or joint hearing ; and , in case of an
| 2 | | appeal from the decision of the regional board of school | 3 | | trustees , or
regional boards of school trustees in cases of a | 4 | | joint hearing, or State
Superintendent of Education in cases | 5 | | determined under subsection (l) of
this Section, the appellants | 6 | | shall pay the cost of preparing the record
for appeal. The | 7 | | regional superintendent of schools with whom the petition is | 8 | | filed may request a deposit at the time of filing to cover | 9 | | expenses.
| 10 | | (f) The notice shall state when the petition was filed, the | 11 | | description
of the detaching territory or name of the | 12 | | dissolving district, the name of the annexing district , the | 13 | | prayer of the petition , and the return day and time on and | 14 | | location in which
the hearing or joint hearing upon the | 15 | | petition will be held , which shall not
be more than 30 15 nor | 16 | | less than 15 calendar 10 days after the publication of notice.
| 17 | | (g) Prior to the hearing, the secretary of the regional | 18 | | board of school trustees shall submit to the regional board of | 19 | | school trustees maps showing the districts involved and a | 20 | | written report of the financial and educational conditions of | 21 | | the districts involved and the probable effect of the proposed | 22 | | changes. The reports and maps submitted must be made a part of | 23 | | the record of the proceedings of the regional board of school | 24 | | trustees. A copy of the report and maps submitted must be sent | 25 | | by the secretary of the regional board of school trustees to | 26 | | the school board of each detaching or dissolving and annexing |
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| 1 | | school district not less than 5 days prior to the day upon | 2 | | which the hearing is to be held. On such return day or on a day | 3 | | to which the regional board of school
trustees, or regional | 4 | | boards of school trustees in cases of a joint
hearing shall | 5 | | continue the hearing or joint hearing the regional board of
| 6 | | school trustees, or regional boards of school trustees in cases | 7 | | of a joint
hearing shall hear the petition but may adjourn the | 8 | | hearing or joint
hearing from time to time or may continue the | 9 | | matter for want of sufficient
notice or other good cause.
| 10 | | (h) On the hearing day or on a day to which the regional | 11 | | board of school trustees shall continue the hearing, the | 12 | | regional board of school trustees shall hear the petition but | 13 | | may adjourn the hearing from time to time or may continue the | 14 | | matter for want of sufficient notice or other good cause. Prior | 15 | | to the hearing or joint hearing the secretary of the regional
| 16 | | board of school trustees shall submit to the regional board of | 17 | | school trustees,
or regional boards of school trustees in cases | 18 | | of a joint hearing maps showing
the districts involved, a | 19 | | written report of financial and educational
conditions of | 20 | | districts involved and the probable effect of the proposed
| 21 | | changes. The reports and maps submitted shall be made a part of | 22 | | the record of
the proceedings of the regional board of school | 23 | | trustees, or regional boards of
school trustees in cases of a | 24 | | joint hearing. A copy of the report and maps
submitted shall be | 25 | | sent by the secretary of the regional board of school
trustees | 26 | | to each board of the districts involved, not less than 5 days |
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| 1 | | prior to
the day upon which the hearing or joint hearing is to | 2 | | be held.
| 3 | | (h-5) Except for motions challenging the validity of a | 4 | | petition or ability of the secretary of the regional board of | 5 | | school trustees to accept the filing of a petition under this | 6 | | Article, no other motions, pleadings, briefs, interrogatories, | 7 | | or other like documents may be allowed and the regional board | 8 | | of school trustees shall have no authority to consider such | 9 | | documents in the administrative proceeding. | 10 | | (i) The regional board of school trustees shall
hear | 11 | | evidence as to the school needs and conditions of the
territory | 12 | | in the area within and adjacent thereto and the
effect | 13 | | detachment will have on those needs and conditions and
as to | 14 | | the ability of the districts affected to meet the
standards of | 15 | | recognition as prescribed by the State Board of
Education, | 16 | | shall take into consideration the division of
funds and assets | 17 | | that will result from the change of
boundaries, and shall | 18 | | determine whether it is in the best
interests of the schools of | 19 | | the area and the direct educational
welfare of the pupils that | 20 | | such change in boundaries be
granted. If non-high school | 21 | | territory is contained in
the petition, the normal high school | 22 | | attendance pattern of the
pupils must be taken into | 23 | | consideration. If the non-high
school territory overlies an | 24 | | elementary district, a part of
which is in a high school | 25 | | district, such territory may be
annexed to the high school | 26 | | district even though the territory is not contiguous
to the |
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| 1 | | high school district. However, upon resolution by the
regional | 2 | | board of school trustees, the secretary thereof shall conduct | 3 | | the hearing upon any boundary petition and present a transcript | 4 | | of such
hearing to the trustees, who shall base their decision | 5 | | upon the
transcript, maps, and information and any presentation | 6 | | of
counsel. The regional board of school trustees or regional | 7 | | boards of school
trustees in cases of a joint hearing shall | 8 | | hear evidence as to the school
needs and conditions of the | 9 | | territory in the area within and adjacent
thereto and the | 10 | | effect detachment will have on those needs and conditions and | 11 | | as to the ability of the districts affected to meet the
| 12 | | standards of recognition as prescribed by the State Board of | 13 | | Education, and
shall take into consideration the division of | 14 | | funds and assets which will
result from the change of | 15 | | boundaries and shall determine whether it is to
the best | 16 | | interests of the schools of the area and the direct educational | 17 | | welfare
of the pupils that such change in boundaries be | 18 | | granted, and in case
non-high school territory is contained in | 19 | | the petition the normal high
school attendance pattern of the | 20 | | children shall be taken into
consideration. If the non-high | 21 | | school territory overlies an elementary
district, a part of | 22 | | which is in a high school district, such territory may
be | 23 | | annexed to such high school district even though not contiguous | 24 | | to the
high school district. However, upon resolution by the | 25 | | regional board of
school trustees, or regional boards of school | 26 | | trustees in cases of a joint
hearing the secretary or |
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| 1 | | secretaries thereof shall conduct the hearing or
joint hearing | 2 | | upon any boundary petition and present a transcript of such
| 3 | | hearing to the trustees who shall base their decision upon the | 4 | | transcript,
maps and information and any presentation of | 5 | | counsel. In the instance of a change of boundaries through | 6 | | detachment:
| 7 | | (1) When considering the effect the detachment will | 8 | | have on the direct educational welfare of the pupils, the | 9 | | regional board of school trustees or the regional boards of | 10 | | school trustees shall consider a comparison of the school | 11 | | report cards for the schools of the affected districts and | 12 | | the school district report cards for the affected districts | 13 | | only if there is no more than a 3% difference in the | 14 | | minority, low-income, and English learner student | 15 | | populations of the relevant schools of the districts. | 16 | | (2) The community of interest of the petitioners and | 17 | | their children and the effect detachment will have on the | 18 | | whole child may be considered only if the regional board of | 19 | | school trustees or the regional boards of school trustees | 20 | | first determine that there would be a significant direct | 21 | | educational benefit to the petitioners' children if the | 22 | | change in boundaries were allowed. | 23 | | (3) When petitioners cite an annexing district | 24 | | attendance center or centers in the petition or during | 25 | | testimony, the regional board of school trustees or the | 26 | | regional boards of school trustees may consider the |
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| 1 | | difference in the distances from the detaching area to the | 2 | | current attendance centers and the cited annexing district | 3 | | attendance centers only if the difference is no less than | 4 | | 10 miles shorter to one of the cited annexing district | 5 | | attendance centers than it is to the corresponding current | 6 | | attendance center. | 7 | | (4) The regional board of school trustees or the | 8 | | regional boards of school trustees may not grant a petition | 9 | | if doing so will increase the percentage of minority or | 10 | | low-income students or English learners by more than 3% at | 11 | | the attendance center where students in the detaching | 12 | | territory currently attend, provided that if the | 13 | | percentage of any one of those groups also decreases at | 14 | | that attendance center, the regional board or boards may | 15 | | grant the petition upon consideration of other factors | 16 | | under this Section and this Article. | 17 | | (5) The regional board of school trustees or the | 18 | | regional boards of school trustees may not consider whether | 19 | | changing the boundaries will increase the property values | 20 | | of the petitioners' property. | 21 | | The factors in subdivisions (1) through (5) of this | 22 | | subsection (i) are applicable whether or not there are children | 23 | | residing in the petitioning area at the time the hearing is | 24 | | conducted. | 25 | | If the regional board of school trustees or the regional | 26 | | boards of school trustees grants a petition to change school |
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| 1 | | district boundaries, then the annexing school district shall | 2 | | determine the attendance center or centers that children from | 3 | | the petitioning area shall attend. | 4 | | (j) At the hearing , or joint hearing any resident of the | 5 | | territory described
in the petition or any resident in any | 6 | | detaching, dissolving, or annexing school district or any | 7 | | representative of a detaching, dissolving, or annexing school | 8 | | district affected by the proposed change
of boundaries may | 9 | | appear in person or by an attorney in support of the
petition | 10 | | or to object to the granting of the petition and may present
| 11 | | evidence in support of his or her position through either oral | 12 | | or written testimony .
| 13 | | (k) At the conclusion of the hearing, the regional | 14 | | superintendent of schools as secretary to the regional board of | 15 | | school trustees shall, within 30 days, enter an order either | 16 | | granting or denying the petition. The regional superintendent | 17 | | of schools shall deliver a certified copy of the order by | 18 | | certified mail, return receipt requested, to the petitioners or | 19 | | committee of petitioners, as applicable; the school board of | 20 | | each detaching or dissolving and annexing district; any person | 21 | | providing testimony in support of or opposition to the petition | 22 | | at the hearing; and any attorney who appears for a person. The | 23 | | regional superintendent of schools shall also deliver a copy of | 24 | | the order to the regional superintendent of schools who has | 25 | | supervision and control, as defined in Section 3-14.2 of this | 26 | | Code, of the annexing district if different from the regional |
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| 1 | | superintendent of schools with whom the petition was filed. The | 2 | | regional superintendent of schools is not required to send a | 3 | | copy of the regional board of school trustees' order to those | 4 | | attending the hearing but not participating. The final order | 5 | | shall be in writing and include findings of fact, conclusions | 6 | | of law, and the decision to grant or deny the petition. At the | 7 | | conclusion of the hearing, other than a joint hearing,
the | 8 | | regional superintendent of schools as ex officio member of the | 9 | | regional
board of school trustees shall within 30 days enter an | 10 | | order either
granting or denying the petition and shall deliver | 11 | | to the committee of
petitioners, if any, and any person who has | 12 | | filed his appearance in
writing at the hearing and any attorney | 13 | | who appears for any person and
any objector who testifies at | 14 | | the hearing and the regional superintendent
of schools a | 15 | | certified copy of its order.
| 16 | | (l) Notwithstanding the foregoing provisions of this | 17 | | Section, if
within 12 9 months after a petition is submitted | 18 | | under the provisions of
Section 7-1 the petition is not | 19 | | approved or denied by the regional board of
school trustees and | 20 | | the order approving or denying that petition entered and
a copy | 21 | | thereof served as provided in this Section, petitioners the | 22 | | school boards or
registered voters of the districts affected | 23 | | that submitted the petition (or
the committee of 10, or an | 24 | | attorney acting on its behalf, if designated
in the petition) | 25 | | may submit a copy of the petition directly to the State
| 26 | | Superintendent of Education for approval or denial. The copy of |
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| 1 | | the petition
as so submitted shall be accompanied by a record | 2 | | of all proceedings had with
respect to the petition up to the | 3 | | time the copy of the petition is submitted to
the State | 4 | | Superintendent of Education (including a copy of any notice | 5 | | given or
published, any certificate or other proof of | 6 | | publication, copies of any maps or
written report of the | 7 | | financial and educational conditions of the school
districts | 8 | | affected if furnished by the secretary of the regional board of
| 9 | | school trustees, copies of any amendments to the petition and | 10 | | stipulations
made, accepted or refused, a transcript of any | 11 | | hearing or part of a hearing
held, continued or adjourned on | 12 | | the petition, and any orders entered with
respect to the | 13 | | petition or any hearing held thereon). The petitioners school | 14 | | boards,
registered voters or committee of 10 submitting the | 15 | | petition and record of
proceedings to the State Superintendent | 16 | | of Education shall give written notice
by certified mail, | 17 | | return receipt requested , to the regional board of school
| 18 | | trustees and to the secretary of that board that the petition | 19 | | has been
submitted to the State Superintendent of Education for | 20 | | approval or denial , and
shall furnish a copy of the notice so | 21 | | given to the State Superintendent of
Education. The cost of | 22 | | assembling the record of proceedings for submission to
the | 23 | | State Superintendent of Education shall be the responsibility | 24 | | of the petitioners that submit school
boards, registered voters | 25 | | or committee of 10 that submits the petition and
record of | 26 | | proceedings to the State Superintendent of Education. When a
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| 1 | | petition is submitted to the State Superintendent of Education | 2 | | in accordance
with the provisions of this paragraph:
| 3 | | (1) The regional board of school trustees loses all | 4 | | jurisdiction over
the petition and shall have no further | 5 | | authority to hear, approve, deny
or otherwise act with | 6 | | respect to the petition.
| 7 | | (2) All jurisdiction over the petition and the right | 8 | | and duty to hear,
approve, deny or otherwise act with | 9 | | respect to the petition is transferred
to and shall be | 10 | | assumed and exercised by the State Superintendent of | 11 | | Education.
| 12 | | (3) The State Superintendent of Education shall not be | 13 | | required to repeat
any proceedings that were conducted in | 14 | | accordance with the provisions of
this Section prior to the | 15 | | time jurisdiction over the petition is transferred
to him, | 16 | | but the State Superintendent of Education shall be required | 17 | | to give
and publish any notices and hold or complete any | 18 | | hearings that were
not given, held or completed by the | 19 | | regional board of school trustees or
its secretary as | 20 | | required by this Section prior to the time jurisdiction
| 21 | | over the petition is transferred to the State | 22 | | Superintendent of Education.
| 23 | | (4) If so directed by the State Superintendent of | 24 | | Education, the regional
superintendent of schools shall | 25 | | submit to the State Superintendent of
Education and to such | 26 | | school boards as the State Superintendent of Education
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| 1 | | shall prescribe accurate maps and a written report of the | 2 | | financial and
educational conditions of the districts | 3 | | affected and the probable effect of
the proposed boundary | 4 | | changes.
| 5 | | (5) The State Superintendent is authorized to conduct | 6 | | further
hearings, or appoint a hearing officer to conduct | 7 | | further hearings,
on the petition even though a hearing | 8 | | thereon was held as provided in this
Section prior to the | 9 | | time jurisdiction over the petition is transferred to
the | 10 | | State Superintendent of Education.
| 11 | | (6) The State Superintendent of Education or the | 12 | | hearing officer shall
hear evidence and approve or deny the | 13 | | petition and shall enter an order to that
effect and | 14 | | deliver and serve the same as required in other cases to be | 15 | | done by
the regional board of school trustees and the | 16 | | regional superintendent of
schools as an ex officio member | 17 | | of that board.
| 18 | | (m) (Blank). Within 10 days after the conclusion of a joint | 19 | | hearing required under
the provisions of Section 7-2, each | 20 | | regional board of school trustees shall
meet together and | 21 | | render a decision with regard to the joint hearing on the
| 22 | | petition. If the regional boards of school trustees fail to | 23 | | enter a joint
order either granting or denying the petition, | 24 | | the regional superintendent
of schools for the educational | 25 | | service region in which the joint hearing is
held shall enter | 26 | | an order denying the petition, and within 30 days after the
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| 1 | | conclusion of the joint hearing shall deliver a copy of the | 2 | | order denying the
petition to the regional boards of school | 3 | | trustees of each region affected,
to the committee of | 4 | | petitioners, if any, to any person who has filed his
appearance | 5 | | in writing at the hearing and to any attorney who appears for
| 6 | | any person at the joint hearing. If the regional boards of | 7 | | school trustees
enter a joint order either granting or denying | 8 | | the petition, the regional
superintendent of schools for the | 9 | | educational service region in which the
joint hearing is held | 10 | | shall, within 30 days of the conclusion of the
hearing, deliver | 11 | | a copy of the joint order to those same committees and
persons | 12 | | as are entitled to receive copies of the regional | 13 | | superintendent's
order in cases where the regional boards of | 14 | | school trustees have failed to
enter a joint order.
| 15 | | (n) Within 10 days after service of a copy of the order | 16 | | granting or
denying the petition, any person so served may | 17 | | petition for a rehearing
and, upon sufficient cause being | 18 | | shown, a rehearing may be granted . The regional board of school | 19 | | trustees shall first determine whether there is sufficient | 20 | | cause for a rehearing. If so determined, then the regional | 21 | | board of school trustees shall allow the petition to be heard | 22 | | anew in its entirety in accordance with all procedures in this | 23 | | Article. The party requesting a rehearing shall pay the | 24 | | expenses of publishing the notice and of any transcript taken | 25 | | at the hearing. The
filing of a petition for rehearing shall | 26 | | operate as a stay of enforcement
until the regional board of |
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| 1 | | school trustees , or regional boards of school
trustees in cases | 2 | | of a joint hearing, or State Superintendent of Education
in | 3 | | cases determined under subsection (l) of this Section enters | 4 | | enter the final
order on such petition for rehearing.
| 5 | | (o) If a petition filed under subsection (a) of Section 7-1 | 6 | | or under
Section 7-2 is required under the provisions of | 7 | | subsection (b-5) of this
Section 7-6 to request submission of a | 8 | | proposition at a regular scheduled
election for the purpose of | 9 | | voting for or against the annexation of the
territory described | 10 | | in the petition to the
school district proposing to annex that | 11 | | territory, and if the petition is
granted or approved by the | 12 | | regional board or regional boards of school trustees
or by the | 13 | | State Superintendent of Education, the proposition shall be | 14 | | placed on
the ballot at the next regular scheduled election.
| 15 | | (Source: P.A. 99-475, eff. 1-1-16 .)
| 16 | | (105 ILCS 5/7-7) (from Ch. 122, par. 7-7)
| 17 | | Sec. 7-7. Administrative Review Law. The decision of the | 18 | | regional board
of school trustees , or the decision of the | 19 | | regional boards of school
trustees following a joint hearing, | 20 | | or the decision of the State
Superintendent of Education in | 21 | | cases determined pursuant to subsection (l)
of Section 7-6 , | 22 | | shall be deemed an "administrative decision" as defined in
| 23 | | Section 3-101 of the Code of Civil Procedure; and any resident , | 24 | | who appears
at the hearing or any petitioner , or board of | 25 | | education entitled to receive a certified copy of the regional |
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| 1 | | board of school trustees' order of any district
affected may , | 2 | | within 35 days after a copy of the decision sought to be
| 3 | | reviewed was served by certified mail, return receipt | 4 | | requested, registered mail upon the resident, petitioner, or | 5 | | board of education, the party affected thereby file
a complaint | 6 | | for a judicial review of such decision in accordance with the
| 7 | | Administrative Review Law and the rules adopted pursuant | 8 | | thereto. The
commencement of any action for judicial review | 9 | | shall operate as a stay of
enforcement, and no further | 10 | | proceedings shall be had until final
disposition of such | 11 | | review. If the transcript of the hearing is required to
be | 12 | | presented to another county board of school trustees the
time | 13 | | within which a complaint for review must be filed shall not | 14 | | begin to
run until the decision of the regional board of school | 15 | | trustees hearing
the petition has been granted or denied by the | 16 | | regional board of school
trustees conducting a hearing on the | 17 | | transcript. The circuit court of the
county in which the | 18 | | petition is filed with the regional board of school
trustees | 19 | | shall have sole jurisdiction to entertain a complaint for such
| 20 | | review when only one regional board of school trustees must | 21 | | act; however,
when the regional boards of school trustees act | 22 | | following a joint hearing,
the circuit court of the county in | 23 | | which the joint hearing on the original
petition is conducted | 24 | | shall have sole jurisdiction of the complaint for
such review .
| 25 | | (Source: P.A. 87-210.)
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| 1 | | (105 ILCS 5/7-8) (from Ch. 122, par. 7-8)
| 2 | | Sec. 7-8. Limitation on successive petitions. In this | 3 | | Section, "substantially different" means the inclusion or | 4 | | exclusion of territory or other changes to a petition that are | 5 | | deemed substantial by the regional board of school trustees | 6 | | hearing the petition. Different petitioners, committee of 10 | 7 | | members, and voter signatures do not constitute a | 8 | | "substantially different" petition if there are no other | 9 | | changes to the previous petition. | 10 | | No territory, nor any part thereof,
which is involved in | 11 | | any proceeding
to change the boundaries of a school district by | 12 | | detachment or dissolution from or
annexation to such school | 13 | | district of such territory, and which , after a hearing on the | 14 | | merits of the petition or referendum vote, is not so
detached | 15 | | or dissolved nor annexed , shall be again involved in | 16 | | proceedings to change the
boundaries of such school district
| 17 | | for at least 2 years after final
determination of such first | 18 | | proceeding, unless during that 2-year period a
petition filed | 19 | | is substantially different than any other previously filed
| 20 | | petition during the previous 2 years or if a school district | 21 | | involved is
identified as a priority district under Section | 22 | | 2-3.25d-5 of this Code, is placed on the financial
watch list | 23 | | by the State Board of Education, or is certified as being in
| 24 | | financial difficulty during that 2-year
period or if such first | 25 | | proceeding involved a petition brought under
Section 7-2b of | 26 | | this Article 7. The 2-year period is counted beginning from the |
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| 1 | | date of a final administrative decision after all appeal | 2 | | timelines have run, upon final court order after all appeal | 3 | | timelines have run, or upon the certification of the election | 4 | | results in the event of a dissolution. The 2-year period is 2 | 5 | | calendar years.
| 6 | | (Source: P.A. 99-193, eff. 7-30-15.)
| 7 | | (105 ILCS 5/7-9) (from Ch. 122, par. 7-9)
| 8 | | Sec. 7-9. Effective date of change. In case a petition is | 9 | | filed for the creation of or the change of
boundaries of or for | 10 | | an election to vote upon a proposition of
creating or annexing | 11 | | territory to a school district after August
1, as provided in | 12 | | this Article, and the change is granted
or the election | 13 | | carries, and no appeal is taken such change shall become
| 14 | | effective after the time for appeal has run for the purpose of | 15 | | all
elections; however, the change shall not affect the | 16 | | administration of
the schools until July 1 following the date | 17 | | the petition is granted or
upon which the election is held and | 18 | | the school boards of the districts
as they existed prior to the | 19 | | change shall exercise the same power and
authority over such | 20 | | territory until such date; however, new districts
shall be | 21 | | permitted to organize and elect officers within the time
| 22 | | prescribed by the general election law. In the event that the | 23 | | granting of a petition has become final, either
through failure | 24 | | to seek Administrative Review , or by the final decision
of a | 25 | | court on review if no further appeal is taken, or upon |
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| 1 | | certification of election results in the event of a | 2 | | dissolution , the change in boundaries shall become effective | 3 | | the following July 1
forthwith . The school boards of the | 4 | | districts as they existed prior to the change shall exercise | 5 | | the same power and authority over such territory until such | 6 | | date, unless However, if the granting of the petition becomes | 7 | | final
between September 1 and June 30 of any year, the | 8 | | administration of and
attendance at the schools shall not be | 9 | | affected until the following July
1, when the change in | 10 | | boundaries shall become effective for all
purposes. After the | 11 | | granting of a petition has become final, the date
when the | 12 | | change shall become effective for purposes of administration
| 13 | | and attendance may be accelerated or postponed by stipulation | 14 | | of each of
the school boards of each detaching or dissolving | 15 | | and annexing school district and approval affected and approved | 16 | | by the regional
board of school trustees or by the board of a | 17 | | special charter district
with which the original petition is | 18 | | required to be filed .
| 19 | | (Source: P.A. 90-459, eff. 8-17-97.)
| 20 | | (105 ILCS 5/7-10) (from Ch. 122, par. 7-10)
| 21 | | Sec. 7-10. Map
showing change; filed change-Filed . Within | 22 | | 30 thirty days after the boundaries of any school district have | 23 | | been
changed , or a new district created under any of the | 24 | | provisions of this
Article the regional county superintendent | 25 | | of schools of any county involved shall
make and file with the |
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| 1 | | county clerk or clerks of his county a map of any detaching, | 2 | | dissolving, or annexing school districts ,
involved in any | 3 | | change of boundaries or creation of a new district
whereupon | 4 | | the county clerks shall extend taxes against the territory in
| 5 | | accordance therewith ; provided : Provided that if an action to | 6 | | review such decision
under Section 7-7 is taken, the regional | 7 | | superintendent of schools County Superintendent of Schools | 8 | | shall not
file the map with the county clerk until after he or | 9 | | she is served with a
certified copy of the order of the final | 10 | | disposition of such review.
| 11 | | (Source: Laws 1961, p. 31 .)
| 12 | | (105 ILCS 5/7-10.5 new) | 13 | | Sec. 7-10.5. Teacher transfer. When dissolution and | 14 | | annexation become effective for purposes of administration and | 15 | | attendance as determined pursuant to Section 7-9 or 7-11 of | 16 | | this Code, as applicable, the positions of teachers in | 17 | | contractual continued service in the district being dissolved | 18 | | are transferred to an annexing district or to annexing | 19 | | districts pursuant to the provisions of subsection (h) of | 20 | | Section 24-11 of this Code relative to teachers having | 21 | | contractual continued service status whose positions are | 22 | | transferred from one school board to the control of a different | 23 | | school board, and those said provisions of subsection (h) of | 24 | | Section 24-11 of this Code shall apply to the transferred | 25 | | teachers. In the event that the territory is added to 2 or more |
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| 1 | | districts, the decision on which positions are to be | 2 | | transferred to which annexing districts must be made giving | 3 | | consideration to the proportionate percentage of pupils | 4 | | transferred and the annexing districts' staffing needs, and the | 5 | | transfer of specific individuals into such positions must be | 6 | | based upon the request of those teachers in order of seniority | 7 | | in the dissolving district. The contractual continued service | 8 | | status of any teacher thereby transferred to an annexing | 9 | | district is not lost and the different school board is subject | 10 | | to this Code with respect to the transferred teacher in the | 11 | | same manner as if the teacher was that district's employee and | 12 | | had been its employee during the time the teacher was actually | 13 | | employed by the school board of the dissolving district from | 14 | | which the position was transferred.
| 15 | | (105 ILCS 5/7-11) (from Ch. 122, par. 7-11)
| 16 | | Sec. 7-11. Annexation of dissolved non-operating | 17 | | districts. If any school district has become dissolved as | 18 | | provided in Section 5-32,
or if a petition for dissolution is | 19 | | filed under subsection (b) of
Section 7-2a, the regional board | 20 | | of school trustees shall attach the
territory of such
dissolved | 21 | | district to one or more districts and, if the territory is | 22 | | added
to 2 or more districts, shall divide the property of the | 23 | | dissolved
district among the districts to which its territory | 24 | | is added, in the manner
provided for the division of property | 25 | | 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 and | 3 | | control, as defined in Section 3-14.2 of this Code, over the | 4 | | school district that is dissolved
shall have all power | 5 | | necessary to annex the territory of the dissolved
district as | 6 | | provided in this Section, including the power to attach the
| 7 | | territory to a school district under the supervision and | 8 | | control of the regional
superintendent of another educational | 9 | | service region and, in the case of Leepertown CCSD 175, the | 10 | | power to attach the territory to a non-contiguous school | 11 | | district if deemed in the best interests of the schools of the | 12 | | area and the educational welfare of the pupils involved. The | 13 | | annexation of
the territory of a dissolved school district | 14 | | under this Section shall
entitle the school districts involved | 15 | | in the annexation to payments from
the State Board of Education | 16 | | in the same manner and to the same extent
authorized in the | 17 | | case of other annexations under this Article. Other
provisions | 18 | | of this Article 7 of The School Code shall apply to and govern
| 19 | | dissolutions and annexations under this Section and Section | 20 | | 7-2a, except
that it is the intent of the General Assembly that | 21 | | in the case of conflict the
provisions of this Section and | 22 | | Section 7-2a shall control over the other
provisions of this | 23 | | Article.
| 24 | | The regional board of school trustees shall give notice of
| 25 | | a hearing, to be held not less than 50 days nor more than 70 | 26 | | days after a
school district is dissolved under Section 5-32 or |
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| 1 | | a petition is filed
under subsection (b) of Section 7-2a, on
| 2 | | the disposition of the territory of such school district by | 3 | | publishing a
notice thereof at least once each week for 2 | 4 | | successive weeks in at least
one newspaper having a general | 5 | | circulation within the area of the territory
involved. At such | 6 | | hearing, the regional board of school trustees shall hear
| 7 | | evidence as to the school needs and conditions of the territory | 8 | | and of the
area within and adjacent thereto, and shall take | 9 | | into consideration the
educational welfare of the pupils of the | 10 | | territory and the normal high
school attendance pattern of the | 11 | | children. In the case of an elementary
school district, except | 12 | | for Leepertown CCSD 175, if all the eighth grade graduates of | 13 | | such district
customarily attend high school in the same high | 14 | | school district, the
regional board of school trustees shall, | 15 | | unless it be
impossible because of the
restrictions of a | 16 | | special charter district, annex the territory of the
district | 17 | | to a contiguous elementary school district whose eighth grade
| 18 | | graduates customarily attend that high school, and that has an | 19 | | elementary
school building nearest to the center of the | 20 | | territory to be annexed, but
if such eighth grade graduates | 21 | | customarily attend more than one high school
the regional board | 22 | | of school trustees shall determine the
attendance pattern
of | 23 | | such graduates and divide the territory of the district among | 24 | | the
contiguous elementary districts whose graduates attend the | 25 | | same respective
high schools.
| 26 | | At the conclusion of the hearing, the regional |
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| 1 | | superintendent of schools, as secretary to the regional board | 2 | | of school trustees, shall, within 10 days, enter an order | 3 | | detailing the annexation of the dissolved district. The | 4 | | regional superintendent of schools shall deliver a certified | 5 | | copy of the order by certified mail, return receipt requested, | 6 | | to the petitioners or committee of petitioners, as applicable; | 7 | | the school board of each dissolving and annexing district; any | 8 | | person providing testimony in support of or opposition to the | 9 | | petition at the hearing; and any attorney who appears for any | 10 | | person. The regional superintendent of schools shall also | 11 | | deliver a copy of the order to the regional superintendent of | 12 | | schools who has supervision and control, as defined in Section | 13 | | 3-14.2 of this Code, of the annexing district, if different | 14 | | from the regional superintendent of schools with whom the | 15 | | petition was filed. The regional superintendent of schools is | 16 | | not required to send a copy of the regional board of school | 17 | | trustees' order to those attending the hearing but not | 18 | | participating. The final order shall be in writing and include | 19 | | findings of fact, conclusions of law, and the annexation | 20 | | decision. The decision of the regional board of school trustees | 21 | | shall be The decision of the regional board of school trustees | 22 | | in
such matter shall be issued within 10 days after the | 23 | | conclusion of the
hearing and deemed an "administrative | 24 | | decision" as defined in
Section 3-101 of the
Code of Civil | 25 | | Procedure and any resident , who appears at the hearing
or any | 26 | | petitioner , or school district entitled to receive a certified |
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| 1 | | copy of the regional board of school trustees' order may , | 2 | | within 10 days after a copy of the decision sought
to be | 3 | | reviewed was served by certified mail, return receipt | 4 | | requested, registered mail upon the resident, petitioner, or | 5 | | school district, the party affected
thereby file a complaint | 6 | | for the judicial review of
such decision in accordance with the | 7 | | " Administrative Review Law ", and all
amendments and | 8 | | modifications thereof and the rules adopted pursuant
thereto. | 9 | | The commencement of any action for review shall operate as a | 10 | | stay
of enforcement, and no further proceedings shall be had | 11 | | until final
disposition of such review.
The final decision of | 12 | | the regional board of school trustees or of any
court upon | 13 | | judicial review shall become effective under Section 7-9 in the
| 14 | | case of a petition for dissolution filed under subsection (b) | 15 | | of Section
7-2a, and a final decision shall become effective | 16 | | immediately following the
date no further appeal is allowable | 17 | | in the case of a 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. 97-656, eff. 1-13-12.)
| 7 | | (105 ILCS 5/7-12) (from Ch. 122, par. 7-12)
| 8 | | Sec. 7-12. Termination of office. Upon the close of the | 9 | | then current school year during which any school
district is | 10 | | annexed to another school district under any of the provisions
| 11 | | of this Article, the terms of office of the school directors or | 12 | | board of
education members of the annexed school district shall | 13 | | be terminated and
the school board of the annexing district | 14 | | shall perform all the duties and
have all the powers of the | 15 | | school board of the annexed district. The
annexing district as | 16 | | it is constituted on and after the time of such
annexation | 17 | | shall receive all the assets and assume all the obligations and
| 18 | | liabilities including the bonded indebtedness of the original | 19 | | annexing
district and of the district annexed. The tax rate for | 20 | | such assumed bonded
indebtedness shall be determined in the | 21 | | manner provided in Article 19 of
this Code Act .
| 22 | | (Source: Laws 1961, p. 31.)
| 23 | | (105 ILCS 5/7-14A) (from Ch. 122, par. 7-14A)
| 24 | | Sec. 7-14A. Annexation compensation Compensation . There |
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| 1 | | shall be no accounting
made after a mere change in boundaries | 2 | | when no new district is created, except that those districts | 3 | | whose enrollment increases by 90% or more as a result of | 4 | | annexing territory detached from another district pursuant to | 5 | | this Article are eligible for supplementary State aid payments | 6 | | in accordance with Section 11E-135 of this Code. Eligible | 7 | | annexing districts shall apply to the State Board of Education | 8 | | for supplementary State aid payments by submitting enrollment | 9 | | figures for the year immediately preceding and the year | 10 | | immediately following the effective date of the boundary change | 11 | | for both the district gaining territory and the district losing | 12 | | territory. Copies of any intergovernmental agreements between | 13 | | the district gaining territory and the district losing | 14 | | territory detailing any transfer of fund balances and staff | 15 | | must also be submitted. In all instances of changes in | 16 | | boundaries,
the district losing territory shall
not count the | 17 | | average daily attendance of pupils living in the territory
| 18 | | during the year preceding the effective date of the boundary | 19 | | change in its
claim for reimbursement under Section 18-8.05 | 20 | | 18-8 for the school year following
the effective date of the | 21 | | change in boundaries and the district receiving
the territory | 22 | | shall count the average daily attendance of pupils living in
| 23 | | the territory during the year preceding the effective date of | 24 | | the boundary
change in its claim for reimbursement under | 25 | | Section 18-8.05 18-8 for the school
year following the | 26 | | effective date of the change in boundaries. The changes to this |
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| 1 | | Section made by this amendatory Act of the 95th General | 2 | | Assembly are intended to be retroactive and applicable to any | 3 | | annexation taking effect on or after July 1, 2004.
| 4 | | (Source: P.A. 95-707, eff. 1-11-08.)
| 5 | | (105 ILCS 5/7-29) (from Ch. 122, par. 7-29)
| 6 | | Sec. 7-29. Limitation on contesting boundary change. No | 7 | | Neither the People of the State of Illinois nor any person, | 8 | | corporation,
private or public, nor any association of persons | 9 | | shall commence an action
contesting either directly or | 10 | | indirectly the annexation of any territory to
a school district | 11 | | shall commence or the creation of any new school district | 12 | | unless brought within
2 calendar years after the order annexing | 13 | | the territory or creating the new
district shall have become | 14 | | final and the election results shall have been certified in the | 15 | | event of a dissolution. Where or within 2 years after the date | 16 | | of the
election creating the new school district if no | 17 | | proceedings to contest such
election are duly instituted within | 18 | | the time permitted by law, or within
two years after the final | 19 | | disposition of any proceedings which may be so
instituted to | 20 | | contest such election; however where a limitation of a
shorter | 21 | | period is prescribed by statute , such shorter limitation shall
| 22 | | apply . The , and the limitation set forth in this Section | 23 | | section shall not apply to jurisdictional challenges any
order | 24 | | where the judge, body or officer entering the order annexing | 25 | | the
territory or creating the new district did not at the time |
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| 1 | | of the entry of
such order have jurisdiction of the subject | 2 | | matter .
| 3 | | (Source: P.A. 86-1334.)
| 4 | | (105 ILCS 5/10-22.35B new) | 5 | | Sec. 10-22.35B. Title to school sites and buildings. | 6 | | (a) On January 1, 1994 (the effective date of Public Act | 7 | | 88-155): (i) the legal title to all school buildings and school | 8 | | sites used or occupied for school purposes by a school district | 9 | | located in a Class I county school unit or held for the use of | 10 | | any such school district by and in the name of the regional | 11 | | board of school trustees shall vest in the school board of the | 12 | | school district, and the legal title to those school buildings | 13 | | and school sites shall be deemed transferred by operation of | 14 | | law to the school board of the school district, to be used for | 15 | | school purposes and held, sold, leased, exchanged, or otherwise | 16 | | transferred in accordance with law; and (ii) the legal title to | 17 | | all school buildings and school sites used or occupied for | 18 | | school purposes by a school district that is located in a Class | 19 | | II county school unit and that has withdrawn from the | 20 | | jurisdiction and authority of the trustees of schools of a | 21 | | township and the township treasurer under subsection (b) of | 22 | | Section 5-1 of this Code or held for the use of any such school | 23 | | district by and in the name of the regional board of school | 24 | | trustees at the time that regional board of school trustees was | 25 | | abolished by Public Act 87-969 shall vest in the school board |
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| 1 | | of the school district, and the legal title to those school | 2 | | buildings and school sites shall be deemed transferred by | 3 | | operation of law to the school district, to be used for school | 4 | | purposes and held, sold, leased, exchanged, or otherwise | 5 | | transferred in accordance with law. | 6 | | (b) The school board of each school district to which | 7 | | subsection (a) of this Section is applicable may receive any | 8 | | gift, grant, donation, or legacy made for the use of any school | 9 | | or for any school purpose within its jurisdiction and shall | 10 | | succeed to any gift, grant, donation, or legacy heretofore | 11 | | received by the regional board of school trustees, either from | 12 | | the township school trustees within their jurisdiction or from | 13 | | any other source, for the use of any school of the district | 14 | | served by the school board or for any other school purpose of | 15 | | that school district. All conveyances of real estate made to | 16 | | the school board of a school district under this Section shall | 17 | | be made to the school board in its corporate name and to its | 18 | | successors in office. | 19 | | (c) All school districts and high school districts may take | 20 | | and convey title to real estate to be improved by buildings or | 21 | | other structures for vocational or other educational training | 22 | | as provided in Section 10-23.3 of this Code. | 23 | | (d) Nothing in this Section shall be deemed to apply to any | 24 | | common school lands or lands granted or exchanged therefor or | 25 | | to the manner in which such lands are managed and controlled | 26 | | for the use and benefit of the school township and the schools |
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| 1 | | of the township by the township land commissioners, the | 2 | | regional board of school trustees (acting as the township land | 3 | | commissioners), or the trustees of schools of the township, | 4 | | which hold legal title to those lands; and they may continue to | 5 | | receive gifts, grants, donations, or legacies made for the use | 6 | | of the school township and for the schools of the township | 7 | | generally in the same manner as such gifts, grants, donations, | 8 | | or legacies were made prior to January 1, 1994.
| 9 | | (105 ILCS 5/12-24) (from Ch. 122, par. 12-24)
| 10 | | Sec. 12-24. Elimination of non-high school district.
The | 11 | | territory of the non-high school district or unit district not | 12 | | maintaining
a high school in existence on January 1, 1950 of | 13 | | any county having a
population of 500,000 or less shall be | 14 | | automatically eliminated from the
non-high school district or | 15 | | unit district, unless (1) the non-high school territory is
| 16 | | adjacent to a district created by a special Act whose | 17 | | boundaries are
required by such Act to be coterminous with some | 18 | | city or village or to a
district maintaining grades 1 through | 19 | | 12 and (2) has children in such
territory who customarily | 20 | | attend the high school of such district and
(3) has no school | 21 | | district operating grades 9 through 12 to which such
territory | 22 | | could be annexed without impairing the educational
| 23 | | opportunities of the children of such territory and in such | 24 | | case the
territory shall remain non-high school territory.
| 25 | | Any such non-high school district including any unit |
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| 1 | | district not maintaining
a high school pursuant to the | 2 | | provisions of this Section shall pay tuition
for high school | 3 | | students at a rate to be mutually agreed by the boards of
| 4 | | education of each district affected.
| 5 | | When territory is eliminated from a non-high school | 6 | | district or unit district
not maintaining a high school it | 7 | | shall
be annexed by the county board of school trustees as | 8 | | provided in Section
7-27 of this Code (now repealed) Act .
| 9 | | Any non-high school district affected by such elimination | 10 | | and
annexation may continue to exercise all previously | 11 | | conferred and existing
powers pending final administrative or | 12 | | judicial affirmance thereof.
| 13 | | (Source: P.A. 81-950.)
| 14 | | (105 ILCS 5/16-2) (from Ch. 122, par. 16-2)
| 15 | | Sec. 16-2.
Joint
use of site and building.
Whenever the | 16 | | school boards of two or more school districts have agreed
upon | 17 | | the joint use of any school site and compensation to be paid | 18 | | therefor,
and any such site has been selected in the manner | 19 | | required by law, it is
lawful for such districts to use the | 20 | | same school site and after payment of
the compensation, the | 21 | | trustees of schools of the township or regional board
of school | 22 | | trustees, as the case may be, by proper instrument in writing
| 23 | | shall declare that title to such site is held for the joint use | 24 | | of such
districts according to the terms of such agreement, and | 25 | | such districts
shall be further authorized to construct, |
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| 1 | | maintain and use a building
jointly for the benefit of the | 2 | | inhabitants thereof.
Notwithstanding any other provisions of | 3 | | this Section:
| 4 | | (1) If legal title to the selected site is held in the name | 5 | | of the school
board of a school district that has agreed to the | 6 | | joint use of the site with
any other school districts, and if | 7 | | those other school districts are also
districts
whose school | 8 | | boards, under subsection (a) of Section 10-22.35B of this Code | 9 | | 7-28 , are to hold legal
title to school buildings and school | 10 | | sites of the district, then upon the
execution of the agreement | 11 | | and payment of the compensation in accordance with
the terms of | 12 | | the agreement the school boards of the districts shall be | 13 | | deemed
to hold legal title to the site as tenants in common, | 14 | | and the required deed or
deeds of conveyance shall be executed | 15 | | and delivered by the president and
secretary or clerk of the | 16 | | school boards to reflect that legal title to the
selected site | 17 | | is held in that manner.
| 18 | | (2) If one more but not all of the school boards that are | 19 | | party to the
agreement are school boards that, under subsection | 20 | | (a) of Section 10-22.35B of this Code 7-28 , are to
hold legal | 21 | | title to the school buildings and school sites of the district, | 22 | | the
interest in the selected site of each school board that is | 23 | | to hold legal title
to the school buildings and school sites of | 24 | | the district shall be that of a
tenant in common; and the | 25 | | required deed or deeds of conveyance shall be
executed and | 26 | | delivered by the president and secretary or clerk of the |
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| 1 | | trustees
of schools of the township, regional board of school | 2 | | trustees, township land
commissioners, or school boards, as the | 3 | | case may be, to reflect that tenancy in
common interest of the | 4 | | appropriate school board or school boards with the
trustees of | 5 | | schools of the township, regional board of school trustees or
| 6 | | township land commissioners, as the case may be, in the legal | 7 | | title to the
selected site.
| 8 | | (Source: P.A. 88-155.)
| 9 | | (105 ILCS 5/32-4.6) (from Ch. 122, par. 32-4.6)
| 10 | | Sec. 32-4.6. Title, care and custody of property; | 11 | | supervision and control.
| 12 | | The title, care and custody of all schoolhouses and school | 13 | | sites
belonging to districts that are described in Section | 14 | | 32-2.11 and that are
not districts whose school boards under | 15 | | subsection (a) of Section 10-22.35B of this Code 7-28 are to
| 16 | | hold legal title to school buildings and school sites of the | 17 | | district shall
be vested in the
trustees of schools of the | 18 | | townships in which the districts are situated, but the | 19 | | supervision
and control of such schoolhouses and sites shall be | 20 | | vested in the board of
inspectors of the districts.
In all | 21 | | other cases, the legal title, care, custody and control of | 22 | | school
houses and school sites belonging to districts that are | 23 | | described in Section
32-2.11, together with the supervision and | 24 | | control of those school houses and
sites, shall be vested in | 25 | | the board of inspectors of the districts.
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| 1 | | (Source: P.A. 88-155.)
| 2 | | (105 ILCS 5/7-01 rep.)
| 3 | | (105 ILCS 5/7-2 rep.)
| 4 | | (105 ILCS 5/7-2.3 rep.)
| 5 | | (105 ILCS 5/7-2.4 rep.)
| 6 | | (105 ILCS 5/7-2.5 rep.)
| 7 | | (105 ILCS 5/7-2.6 rep.)
| 8 | | (105 ILCS 5/7-2.7 rep.)
| 9 | | (105 ILCS 5/7-13 rep.)
| 10 | | (105 ILCS 5/7-27 rep.)
| 11 | | (105 ILCS 5/7-28 rep.)
| 12 | | (105 ILCS 5/7-30 rep.)
| 13 | | Section 10. The School Code is amended by repealing | 14 | | Sections 7-01, 7-2, 7-2.3, 7-2.4, 7-2.5, 7-2.6, 7-2.7, 7-13, | 15 | | 7-27, 7-28, and 7-30.
| 16 | | Section 99. Effective date. This Act takes effect July 1, | 17 | | 2016.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 105 ILCS 5/5-1 | from Ch. 122, par. 5-1 | | 4 | | 105 ILCS 5/7-01a new | | | 5 | | 105 ILCS 5/7-04 | from Ch. 122, par. 7-04 | | 6 | | 105 ILCS 5/7-1 | from Ch. 122, par. 7-1 | | 7 | | 105 ILCS 5/7-2a | from Ch. 122, par. 7-2a | | 8 | | 105 ILCS 5/7-4 | from Ch. 122, par. 7-4 | | 9 | | 105 ILCS 5/7-4.1 | from Ch. 122, par. 7-4.1 | | 10 | | 105 ILCS 5/7-5 | from Ch. 122, par. 7-5 | | 11 | | 105 ILCS 5/7-6 | from Ch. 122, par. 7-6 | | 12 | | 105 ILCS 5/7-7 | from Ch. 122, par. 7-7 | | 13 | | 105 ILCS 5/7-8 | from Ch. 122, par. 7-8 | | 14 | | 105 ILCS 5/7-9 | from Ch. 122, par. 7-9 | | 15 | | 105 ILCS 5/7-10 | from Ch. 122, par. 7-10 | | 16 | | 105 ILCS 5/7-10.5 new | | | 17 | | 105 ILCS 5/7-11 | from Ch. 122, par. 7-11 | | 18 | | 105 ILCS 5/7-12 | from Ch. 122, par. 7-12 | | 19 | | 105 ILCS 5/7-14A | from Ch. 122, par. 7-14A | | 20 | | 105 ILCS 5/7-29 | from Ch. 122, par. 7-29 | | 21 | | 105 ILCS 5/10-22.35B new | | | 22 | | 105 ILCS 5/12-24 | from Ch. 122, par. 12-24 | | 23 | | 105 ILCS 5/16-2 | from Ch. 122, par. 16-2 | | 24 | | 105 ILCS 5/32-4.6 | from Ch. 122, par. 32-4.6 | | 25 | | 105 ILCS 5/7-01 rep. | | |
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| 1 | | 105 ILCS 5/7-2 rep. | | | 2 | | 105 ILCS 5/7-2.3 rep. | | | 3 | | 105 ILCS 5/7-2.4 rep. | | | 4 | | 105 ILCS 5/7-2.5 rep. | | | 5 | | 105 ILCS 5/7-2.6 rep. | | | 6 | | 105 ILCS 5/7-2.7 rep. | | | 7 | | 105 ILCS 5/7-13 rep. | | | 8 | | 105 ILCS 5/7-27 rep. | | | 9 | | 105 ILCS 5/7-28 rep. | | | 10 | | 105 ILCS 5/7-30 rep. | |
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