Full Text of HB2267 098th General Assembly
HB2267enr 98TH GENERAL ASSEMBLY |
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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 | | 7-2a, 7-4, 10-22.22c, 11E-20, 11E-45, and 11E-70 as follows:
| 6 | | (105 ILCS 5/7-2a) (from Ch. 122, par. 7-2a)
| 7 | | Sec. 7-2a.
(a) Except as provided in subsection (b) of this
| 8 | | Section, any petition for dissolution filed under this Article | 9 | | must
specify the school district or districts to which all of | 10 | | the territory
of the district proposed to be dissolved
will be | 11 | | annexed. Any petition for dissolution may be made by the board | 12 | | of
education of the district or a majority of the legal voters | 13 | | residing in
the district proposed to be dissolved. No petition | 14 | | from any other
district affected by the proposed dissolution | 15 | | 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 |
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| 1 | | the registered voters of
the district seeking such dissolution. | 2 | | No petition shall be adopted or
signed under this subsection | 3 | | until the board of education or the
petitioners, as the case | 4 | | may be, shall have given at least 10 days' notice
to be | 5 | | published once in a newspaper having general circulation in the
| 6 | | district and shall have conducted a public informational | 7 | | meeting to inform
the residents of the district of the proposed | 8 | | dissolution and to answer
questions concerning the proposed | 9 | | dissolution. The petition shall be filed with
and decided | 10 | | solely by the regional board of school trustees of the region
| 11 | | in which the regional superintendent of schools has supervision | 12 | | of the
school district being dissolved. The regional board of | 13 | | school trustees
shall not act on a petition filed by a board of | 14 | | education if within 45 days
after giving notice of the hearing | 15 | | required under Section 7-11 a petition
in opposition to the | 16 | | petition of the board to dissolve, signed by a
majority of the | 17 | | registered voters of the district, is filed with the
regional | 18 | | board of school trustees. The regional board of school trustees
| 19 | | shall have no authority to deny dissolution requested in a | 20 | | proper petition
for dissolution filed under this subsection | 21 | | (b), but shall exercise its
discretion in accordance with | 22 | | Section 7-11 on the issue of annexing the
territory of a | 23 | | district being dissolved, giving consideration to but not
being | 24 | | bound by the wishes expressed by the residents of
the various | 25 | | school districts that may be affected by such annexation.
| 26 | | When dissolution and annexation become effective for |
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| 1 | | purposes of
administration and attendance as determined | 2 | | pursuant to Section 7-11,
the positions of teachers
in | 3 | | contractual continued service in the district being dissolved | 4 | | are
transferred to an
annexing district or to annexing | 5 | | districts pursuant to the provisions of
Section 24-12 relative | 6 | | to teachers having contractual continued service
status whose | 7 | | positions are transferred from one board to the control of a
| 8 | | different board, and those said provisions of Section 24-12 | 9 | | shall apply to
said transferred teachers. In the event that the | 10 | | territory is added to 2
or more districts, the decision on | 11 | | which positions shall be transferred to
which annexing | 12 | | districts shall be made giving consideration to the
| 13 | | proportionate percent of pupils transferred and the annexing | 14 | | districts'
staffing needs, and the transfer of specific | 15 | | individuals into such positions
shall be based upon the request | 16 | | of those teachers in order of seniority in
the dissolving | 17 | | district. The contractual continued service status of any
| 18 | | teacher thereby transferred to an annexing district is not lost | 19 | | and the
different board is subject to this Act with respect to | 20 | | such transferred
teacher in the same manner as if such teacher | 21 | | was that district's employee
and had been its employee during | 22 | | the time such teacher was actually
employed by the board of the | 23 | | dissolving district from which the position
was transferred.
| 24 | | (Source: P.A. 86-13; 87-1215.)
| 25 | | (105 ILCS 5/7-4) (from Ch. 122, par. 7-4)
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| 1 | | Sec. 7-4. Requirements for granting petitions. No petition | 2 | | shall be
granted under Section Sections 7-1 or 7-2 of this Code | 3 | | Act :
| 4 | | (a) If there will be any non-high school territory | 5 | | resulting from
the granting of the petition.
| 6 | | (b) Unless after granting the petition any community unit | 7 | | district,
community consolidated district, elementary district | 8 | | or high school district
created shall have a population of at | 9 | | least
2,000 and an equalized assessed valuation of at least | 10 | | $6,000,000 based
upon the last value as equalized by the | 11 | | Department of Revenue
as of the date of filing of the petition.
| 12 | | (c) Unless the territory within any district so created or | 13 | | any
district whose boundaries are affected by the granting of a | 14 | | petition
shall after the granting thereof be compact and | 15 | | contiguous , except as
provided in Section 7-6 of this Code or | 16 | | as otherwise provided in this subdivision (c) Act . The fact | 17 | | that a district is
divided by territory lying within the | 18 | | corporate limits of the city of
Chicago shall not render it | 19 | | non-compact or non-contiguous. If, pursuant to a petition filed | 20 | | under Section 7-1 or 7-2 of this Code, all of the territory of | 21 | | a district is to be annexed to another district, then the | 22 | | annexing district and the annexed district need not be | 23 | | contiguous if the following requirements are met and documented | 24 | | within 2 calendar years prior to the petition filing date:
| 25 | | (1) the distance between each district administrative | 26 | | office is documented as no more than 30 miles; |
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| 1 | | (2) every district contiguous to the district wishing | 2 | | to be annexed determines that it is not interested in | 3 | | participating in a petition filed under Section 7-1 or 7-2 | 4 | | of this Code, through a vote of its school board, and | 5 | | documents that non-interest in a letter to the regional | 6 | | board of school trustees containing approved minutes that | 7 | | record the school board vote; and | 8 | | (3) documentation of meeting these requirements are | 9 | | presented as evidence at the hearing required under Section | 10 | | 7-6 of this Code. | 11 | | (d) To create any school district with a population of less | 12 | | than
2,000 unless the State Board of Education and the regional
| 13 | | superintendent of schools for the region in which the proposed | 14 | | district
will lie shall certify to the regional board or boards | 15 | | of school trustees
that the creation of such new district will | 16 | | not interfere with the
ultimate reorganization of the territory | 17 | | of such proposed district as a
part of a district having a | 18 | | population of 2,000 or more.
Notwithstanding any other | 19 | | provisions of this Article, the granting or
approval by a | 20 | | regional board or regional boards of school trustees or by the
| 21 | | State Superintendent of Education of a petition that under | 22 | | subsection (b-5) of
Section 7-6 is required to request the | 23 | | submission of a proposition at a regular
scheduled election for | 24 | | the purpose of voting for or against the annexation of
the | 25 | | territory described in the petition to the
school district | 26 | | proposing to annex that territory is subject to, and any change
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| 1 | | in school district boundaries pursuant to the granting of the | 2 | | petition shall
not be made except upon, approval of the | 3 | | proposition at the election in the
manner provided by Section | 4 | | 7-7.7.
| 5 | | (Source: P.A. 89-397, eff. 8-20-95; 90-459, eff. 8-17-97.)
| 6 | | (105 ILCS 5/10-22.22c) (from Ch. 122, par. 10-22.22c)
| 7 | | Sec. 10-22.22c.
(a) Subject to the following provisions of | 8 | | this
Section two or more contiguous school districts each of | 9 | | which
has an enrollment in grades 9 through 12 of less than 600 | 10 | | students may,
when in their judgment the interest of the | 11 | | districts and of the students
therein will be best served, | 12 | | jointly operate one or more cooperative high
schools. Such | 13 | | action shall be taken for a minimum period of 20 school years,
| 14 | | and may be taken only with the approval of the voters of each | 15 | | district. A
district with 600 or more students enrolled in | 16 | | grades 9 through 12
may qualify for inclusion with one or more | 17 | | districts having less than 600
such students by receiving a | 18 | | size waiver from the State Board of Education
based on a | 19 | | finding that such inclusion would significantly increase the
| 20 | | educational opportunities of the district's students, and by | 21 | | meeting the
other prerequisites of this Section. The board of | 22 | | each district contemplating
such joint operation shall, by | 23 | | proper resolution, cause the proposition to
enter into such | 24 | | joint operation to be submitted to the voters of the
district | 25 | | at a regularly scheduled election. Notice shall be published at
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| 1 | | least 10 days prior to the date of the election at least once | 2 | | in one or
more newspapers published in the district or, if no | 3 | | newspaper is published
in the district, in one or more | 4 | | newspapers with a general circulation
within the district. The | 5 | | notice shall be substantially in the following form:
| 6 | | NOTICE OF REFERENDUM FOR SCHOOL DISTRICT
| 7 | | NO. ....... AND SCHOOL DISTRICT NO. .......
| 8 | | TO JOINTLY OPERATE (A) COOPERATIVE HIGH
| 9 | | SCHOOL (SCHOOLS)
| 10 | | Notice is hereby given that on (insert date), a referendum | 11 | | will be held in ....... County (Counties) for
the purpose of | 12 | | voting for or against the proposition for School District No.
| 13 | | ....... and School District No. ....... to jointly operate (a) | 14 | | cooperative high
school (schools).
| 15 | | The polls will be open at ....... o'clock ... m., and close | 16 | | at
....... o'clock ... m., of the same day.
| 17 | | A ........ B ........
| 18 | | Dated (insert date).
| 19 | | Regional Superintendent of Schools
| 20 | | The proposition shall be in substantially the following | 21 | | form:
| 22 | | -------------------------------------------------------------
| 23 | | Shall the Board of Education of
| 24 | | School District No. ...., ..... YES
| 25 | | County (Counties), Illinois be
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| 1 | | authorized to enter with
| 2 | | into an agreement with School ----------------------
| 3 | | District No. ...., .... County
| 4 | | (Counties), Illinois to jointly
| 5 | | operate (a) cooperative high NO
| 6 | | school (schools)?
| 7 | | -------------------------------------------------------------
| 8 | | If the majority of those voting on the proposition in each | 9 | | district vote
in favor of the proposition, the school boards of | 10 | | the participating
districts may, if they agree on terms, | 11 | | execute a contract for such joint
operation subject to the | 12 | | following provisions of this Section.
| 13 | | (b) The agreement for joint operation of any such | 14 | | cooperative high school shall include, but not be limited to, | 15 | | provisions for administration, staff, programs,
financing,
| 16 | | facilities, and
transportation. Such agreements
may
be | 17 | | modified, extended, or terminated by approval of each of the | 18 | | participating
districts,
provided that a district may withdraw | 19 | | from the agreement during its initial
20-year term only if the | 20 | | district is reorganizing with one or more districts
under other | 21 | | provisions of this Code. Even if 2 or more of the participating
| 22 | | district boards approve an
extension of the agreement, any | 23 | | other participating district shall, upon
failure of its board | 24 | | to approve such extension, disengage from such
participation at | 25 | | the end of the then current agreement term.
| 26 | | (c) A governing board, which shall govern the operation
of |
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| 1 | | any such
cooperative high school, shall be composed of an equal
| 2 | | number of board members from each of the participating | 3 | | districts,
except that where all participating district boards | 4 | | concur, membership
on the governing board may be apportioned to | 5 | | reflect the
number of students
in each respective district who | 6 | | attend the cooperative high school. The
membership of the | 7 | | governing board shall be not
less than 6 nor more than 10 and | 8 | | shall be set by the agreement entered into
by
the participating | 9 | | districts.
The school board of each participating district
| 10 | | shall select, from its membership, its representatives on the | 11 | | governing board.
The governing board shall prepare
and adopt a | 12 | | budget for the cooperative high school. The
governing board
| 13 | | shall
administer the cooperative high school in
accordance with | 14 | | the agreement of the districts and shall have the power to
| 15 | | hire, supervise, and terminate staff; to enter into contracts; | 16 | | to adopt
policies for the school; and to take all other actions | 17 | | necessary and proper
for the operation of the school. However, | 18 | | the governing board may not levy
taxes or incur any | 19 | | indebtedness except within the annual budget approved by the
| 20 | | participating districts.
| 21 | | (d) (Blank).
| 22 | | (e) Each participating district shall pay its per capita | 23 | | cost of
educating the students residing in its district and | 24 | | attending any such
cooperative high school into the budget for | 25 | | the
maintenance
and operation of the cooperative high school.
| 26 | | The manner of determining per capita cost shall be
set |
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| 1 | | forth in the agreement. Each district shall pay the amount owed | 2 | | the
governing board under the terms of the agreement from the | 3 | | fund that the
district would have used if the district had | 4 | | incurred the costs directly and
may levy taxes and issue bonds | 5 | | as otherwise authorized for these purposes in
order to make | 6 | | payments to the governing board.
| 7 | | (f) Additional school districts having an enrollment in | 8 | | grades 9 through
12 of less than 600 students
may be added to | 9 | | the agreement in accordance with the process described
in | 10 | | subsection (a) of this Section. In the event additional | 11 | | districts are
added, a new contract shall be executed in | 12 | | accordance with the provisions
of this Section.
| 13 | | (g) Upon formation of the cooperative high school, the | 14 | | school board of
each
participating district shall:
| 15 | | (1) confer and coordinate with each other and the
| 16 | | governing board, if the governing board is then in | 17 | | existence, as to staffing
needs for the cooperative high | 18 | | school;
| 19 | | (2) in consultation with any exclusive employee
| 20 | | representatives and the governing board, if the governing | 21 | | board is then in
existence, establish a combined list of | 22 | | teachers in all
participating districts, categorized by | 23 | | positions, showing
the length of service and the | 24 | | contractual continued service
status, if any, of each | 25 | | teacher in each participating
district who is qualified to | 26 | | hold any such positions at the cooperative high
school,
and |
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| 1 | | then distribute this list to the exclusive employee | 2 | | representatives on or
before
February
1 of the school year | 3 | | prior to the commencement of the operation
of the | 4 | | cooperative high school or within 30 days after the
date of | 5 | | the referendum election if the proposition receives a | 6 | | majority of those
voting in each district, whichever occurs | 7 | | first. This list is in addition to
and not
a substitute for | 8 | | the list mandated by Section 24-12 of this Code; and
| 9 | | (3) transfer to the governing board of the
cooperative | 10 | | high school the employment and the position of
so many of | 11 | | the full-time or part-time
high school teachers employed by | 12 | | a participating district
as are
jointly determined by the | 13 | | school boards of the participating
districts and the | 14 | | governing board, if the governing board is then in
| 15 | | existence, to be needed
at the cooperative high school, | 16 | | provided that these teacher transfers
shall be done:
| 17 | | (A) by categories listed on the seniority list | 18 | | mentioned in subdivision
(2) of this subsection (g);
| 19 | | (B) in each category, by having teachers in | 20 | | contractual
continued service being transferred before | 21 | | any teachers who are not in
contractual continued | 22 | | service; and
| 23 | | (C) in order from greatest seniority first
through | 24 | | lesser amounts of seniority.
| 25 | | A teacher who is not in contractual
continued service shall | 26 | | not be transferred if there is a teacher in contractual
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| 1 | | continued service in the same category who is qualified to hold | 2 | | the
position
that is to be filled.
| 3 | | If there are more teachers who have
entered upon | 4 | | contractual continued service
than there are available | 5 | | positions at the
cooperative high school or within other | 6 | | assignments in the
district, a school board shall first remove | 7 | | or dismiss all teachers who
have not entered upon contractual | 8 | | continued service before
removing or dismissing any teacher who | 9 | | has entered upon
contractual continued service and who is | 10 | | legally qualified (i) to
hold a position at the cooperative | 11 | | high school planned to be
held by a teacher who has not entered | 12 | | upon contractual continued
service or (ii) to hold another | 13 | | position in the participating
district. As between teachers who | 14 | | have entered upon contractual
continued service, the teacher or | 15 | | teachers with the shorter
length of continuing service in any | 16 | | of the participating
districts shall be dismissed first. Any | 17 | | teacher
dismissed as a result of such a decrease shall be paid | 18 | | all
earned compensation on or before the third business day
| 19 | | following the last day of pupil attendance in the regular | 20 | | school
term. If the school board that has dismissed a teacher | 21 | | or the
governing board has any vacancies for the following | 22 | | school term
or within one calendar year from the beginning of | 23 | | the following
school term, the positions thereby becoming | 24 | | available shall be
tendered to the teachers so removed or | 25 | | dismissed so far as they
are legally qualified to hold such | 26 | | positions. However,
if the number of honorable dismissal |
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| 1 | | notices in all
participating districts exceeds 15% of full-time | 2 | | equivalent
positions filled by certified employees (excluding | 3 | | principals
and administrative personnel) during the preceding | 4 | | school year
in all participating districts and if the school | 5 | | board that has
dismissed a teacher or the governing board has | 6 | | any vacancies for
the following school term or within 2 | 7 | | calendar years from the
beginning of the following school term, | 8 | | the positions so
becoming available shall be tendered to the | 9 | | teachers who were so notified,
removed,
or dismissed whenever | 10 | | these teachers are legally qualified to hold such
positions.
| 11 | | The provisions of Section 24-12 of this Code concerning | 12 | | teachers
whose positions are transferred from one board to
the | 13 | | control of a different board shall apply to the teachers who | 14 | | are
transferred. The contractual continued service of any | 15 | | transferred teacher is
not lost and the governing board is | 16 | | subject to this Code with respect to the
teacher in the same | 17 | | manner as if the teacher had been the governing board's
| 18 | | employee during the time the teacher was actually employed by | 19 | | the board of the
district from which the position and the | 20 | | teacher's employment were transferred.
The time spent in
| 21 | | employment
with a participating district by any teacher who has | 22 | | not yet entered upon
contractual
continued service and who is | 23 | | transferred to the governing board is not lost
when
computing | 24 | | the time necessary
for the teacher to enter upon contractual | 25 | | continued service, and the
governing board is
subject to this | 26 | | Code with respect to the teacher in the same manner as if
the |
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| 1 | | teacher
had been the governing board's employee during the time | 2 | | the teacher was
actually employed
by the school board from | 3 | | which the position and the teacher's employment were
| 4 | | transferred.
| 5 | | If the cooperative high school is dissolved, any teacher | 6 | | who was transferred
from a participating district shall be | 7 | | transferred back to the district and
Section 24-12 of this Code | 8 | | shall apply. In that
case, a district is subject to this Code | 9 | | in the same manner as if the teacher
transferred
back had been | 10 | | continuously in the service of the receiving district.
| 11 | | (h) Upon formation of the cooperative high school, the | 12 | | school board of
each
participating
district shall:
| 13 | | (1) confer and coordinate with each other and the | 14 | | governing board, if
the governing board is
then in | 15 | | existence, as to needs for educational support personnel | 16 | | for the
cooperative
high school;
| 17 | | (2) in consultation with any exclusive employee | 18 | | representative or
bargaining
agent and the governing | 19 | | board, if the governing board is then in existence,
| 20 | | establish a combined
list
of educational support personnel | 21 | | in participating districts, categorized by
positions, | 22 | | showing the length of continuing service of each full-time
| 23 | | educational
support personnel employee who is qualified to | 24 | | hold any such position at the
cooperative high school, and | 25 | | then distribute this list to the exclusive
employee
| 26 | | representative or bargaining agent on or before February 1 |
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| 1 | | of the school year
prior
to the commencement of the | 2 | | operation of the cooperative high school or within
30
days | 3 | | after the date of the referendum election if the | 4 | | proposition receives a
majority of those voting in each | 5 | | district, whichever occurs first; and
| 6 | | (3) transfer to the governing board of the cooperative | 7 | | high school
the employment and the positions of so many of | 8 | | the full-time educational
support
personnel employees | 9 | | employed by a participating district as are jointly
| 10 | | determined
by the school boards of the participating
| 11 | | districts and the governing board, if the governing board | 12 | | is then in existence,
to be
needed at
the
cooperative high | 13 | | school, provided that the full-time educational personnel
| 14 | | employee
transfers shall be done by categories on the | 15 | | seniority list mentioned in
subdivision (2) of this | 16 | | subsection (h) and done in order from greatest
seniority
| 17 | | first
through lesser amounts of seniority.
| 18 | | If there are more full-time
educational support personnel | 19 | | employees than there are available
positions at the cooperative | 20 | | high school or
in the participating district, a school board | 21 | | shall first
remove or dismiss those educational support | 22 | | personnel employees
with the shorter length of continuing | 23 | | service in any of the
participating districts, within the | 24 | | respective category of
position. The governing board is subject | 25 | | to this Code with respect to the
educational support personnel | 26 | | employee as if the educational support personnel
employee had |
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| 1 | | been the governing board's employee during the time the
| 2 | | educational support personnel employee was actually employed | 3 | | by the school
board of the district from which the employment | 4 | | and position were transferred.
Any educational support | 5 | | personnel employee dismissed as a result of such a
decrease | 6 | | shall be paid all earned compensation on or before the third | 7 | | business
day following his or her last day of employment. If | 8 | | the school board that has
dismissed the educational support | 9 | | personnel employee or the governing board has
any vacancies for | 10 | | the following school term or within one calendar year from
the | 11 | | beginning of the following school term, the positions thereby | 12 | | becoming
available within a specific category of position shall | 13 | | be tendered to the
employees so removed or dismissed from that | 14 | | category of position so far as they
are legally qualified to | 15 | | hold such positions. If the cooperative high school is
| 16 | | dissolved, any educational support personnel employee who was | 17 | | transferred from
a participating district shall be transferred | 18 | | back to the district and Section
10-23.5 of this Code shall | 19 | | apply. In that case, a district is subject to this
Code in the | 20 | | same manner as if the educational support personnel employee
| 21 | | transferred back had been continuously in the service of the | 22 | | receiving
district.
| 23 | | (i) Two or more school districts not contiguous to each | 24 | | other, each of which has an enrollment in grades 9 through 12 | 25 | | of less than 600 students, may jointly operate one or more | 26 | | cooperative high schools if the following requirements are met |
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| 1 | | and documented within 2 calendar years prior to the proposition | 2 | | filing date, pursuant to subsection (a) of this Section: | 3 | | (1) the distance between each district administrative | 4 | | office is documented as no more than 30 miles; | 5 | | (2) every district contiguous to the district wishing | 6 | | to operate one or more cooperative high schools under the | 7 | | provisions of this Section determines that it is not | 8 | | interested in participating in such joint operation, | 9 | | through a vote of its school board, and documents that | 10 | | non-interest in a letter to the districts wishing to form | 11 | | the cooperative high school containing approved minutes | 12 | | that record the school board vote; | 13 | | (3) documentation of meeting these requirements is | 14 | | attached to the board resolution required under subsection | 15 | | (a) of this Section; and | 16 | | (4) all other provisions of this Section are followed. | 17 | | (Source: P.A. 91-63, eff. 1-1-00; 91-357, eff. 7-29-99 .)
| 18 | | (105 ILCS 5/11E-20) | 19 | | Sec. 11E-20. Combined school district formation. | 20 | | (a)(1) The territory of 2 or more entire contiguous | 21 | | elementary districts may be organized into a combined | 22 | | elementary district under the provisions of this Article. | 23 | | (2) Any 2 or more entire elementary districts that | 24 | | collectively are within or substantially coterminous with | 25 | | the boundaries of a high school district, regardless of |
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| 1 | | whether the districts are compact and contiguous with each | 2 | | other, may be organized into a combined school district in | 3 | | accordance with this Article. | 4 | | (3) Any 2 or more entire elementary districts that are | 5 | | not contiguous may be organized into a combined school | 6 | | district in accordance with this Article if the following | 7 | | requirements are met and documented within 2 calendar years | 8 | | prior to the petition filing date: | 9 | | (A) the distance between each district | 10 | | administrative office is documented as no more than 30 | 11 | | miles; and | 12 | | (B) every district contiguous to a district | 13 | | wishing to organize into a combined school district | 14 | | under the provisions of this paragraph (3) determines | 15 | | that it is not interested in participating in a | 16 | | petition for a combined school district filed in | 17 | | accordance with this Article, through a vote of its | 18 | | school board, and documents that non-interest in a | 19 | | letter to the regional superintendent of schools | 20 | | containing approved minutes that record the school | 21 | | board vote. | 22 | | (b) (1) The territory of Any 2 or more entire contiguous | 23 | | high school districts may be organized into a combined high | 24 | | school district under the provisions of this Article. | 25 | | (2) Any 2 or more entire high school districts that are | 26 | | not contiguous may be organized into a combined school |
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| 1 | | district in accordance with this Article if the following | 2 | | requirements are met and documented within 2 calendar years | 3 | | prior to the petition filing date: | 4 | | (A) the distance between each district | 5 | | administrative office is documented as no more than 30 | 6 | | miles; and | 7 | | (B) every district contiguous to a district | 8 | | wishing to organize into a combined school district | 9 | | under the provisions of this paragraph (2) determines | 10 | | that it is not interested in participating in a | 11 | | petition for a combined school district filed in | 12 | | accordance with this Article, through a vote of its | 13 | | school board, and documents that non-interest in a | 14 | | letter to the regional superintendent of schools | 15 | | containing approved minutes that record the school | 16 | | board vote. | 17 | | (c) (1) The territory of Any 2 or more entire contiguous | 18 | | unit districts may be organized into a combined unit district | 19 | | under the provisions of this Article.
| 20 | | (2) Any 2 or more entire unit districts that are not | 21 | | contiguous may be organized into a combined school district | 22 | | in accordance with this Article if the following | 23 | | requirements are met and documented within 2 calendar years | 24 | | prior to the petition filing date: | 25 | | (A) the distance between each district | 26 | | administrative office is documented as no more than 30 |
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| 1 | | miles; and | 2 | | (B) every district contiguous to the district | 3 | | wishing to organize into a combined school district | 4 | | under the provisions of this paragraph (2) determines | 5 | | that it is not interested in participating in a | 6 | | petition for a combined school district filed in | 7 | | accordance with this Article, through a vote of its | 8 | | school board, and documents that non-interest in a | 9 | | letter to the regional superintendent of schools | 10 | | containing approved minutes that record the school | 11 | | board vote. | 12 | | (Source: P.A. 94-1019, eff. 7-10-06.) | 13 | | (105 ILCS 5/11E-45) | 14 | | Sec. 11E-45. Hearing. | 15 | | (a) No more than 15 days after the last date on which the | 16 | | required notice under Section 11E-40 of this Code is published, | 17 | | the regional superintendent of schools with whom the petition | 18 | | is required to be filed shall hold a hearing on the petition. | 19 | | Prior to the hearing, the Committee of Ten shall submit to the | 20 | | regional superintendent maps showing the districts involved | 21 | | and any other information deemed pertinent by the Committee of | 22 | | Ten to the proposed action. The regional superintendent of | 23 | | schools may adjourn the hearing from time to time or may | 24 | | continue the matter for want of sufficient notice or other good | 25 | | cause. |
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| 1 | | (b) At the hearing, the regional superintendent of schools | 2 | | shall allow public testimony on the action proposed in the | 3 | | petition. The Committee of Ten shall present, or arrange for | 4 | | the presentation of all of the following: | 5 | | (1) Evidence as to the school needs and conditions in | 6 | | the territory described in the petition and the area | 7 | | adjacent thereto. | 8 | | (2) Evidence with respect to the ability of the | 9 | | proposed district or districts to meet standards of | 10 | | recognition as prescribed by the State Board of Education. | 11 | | (3) A consideration of the division of funds and assets | 12 | | that will occur if the petition is approved. | 13 | | (4) A description of the maximum tax rates the proposed | 14 | | district or districts is authorized to levy for various | 15 | | purposes and, if applicable, the specifications related to | 16 | | the Property Tax Extension Limitation Law, in accordance | 17 | | with Section 11E-80 of this Code. | 18 | | (5) For a non-contiguous combined school district, as | 19 | | specified in paragraph (3) of subsection (a), paragraph (2) | 20 | | of subsection (b), or paragraph (2) of subsection (c) of | 21 | | Section 11E-20 of this Code, evidence that the action | 22 | | proposed in the petition meets the requirements of the | 23 | | respective paragraph. | 24 | | (c) Any regional superintendent of schools entitled under | 25 | | the provisions of this Article to be given a copy of the | 26 | | petition and any resident or representative of a school |
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| 1 | | district in which
any territory described in the petition is | 2 | | situated may appear in person or by an attorney at law to | 3 | | provide oral or written testimony or both in relation to the | 4 | | action proposed in the petition. | 5 | | (d) The regional superintendent of schools shall arrange | 6 | | for a written transcript of the hearing. The expense of the | 7 | | written transcript shall be borne by the petitioners and paid | 8 | | on behalf of the petitioners by the Committee of Ten.
| 9 | | (Source: P.A. 94-1019, eff. 7-10-06; 95-903, eff. 8-25-08.) | 10 | | (105 ILCS 5/11E-70) | 11 | | Sec. 11E-70. Effective date of change. | 12 | | (a) Except as provided in subsections subsection (a-5) and | 13 | | (a-10) of this Section, if a petition is filed under the | 14 | | authority of this Article, the change is granted and approved | 15 | | at election, and no appeal is taken, then the change shall | 16 | | become effective after the time for appeal has run for the | 17 | | purpose of all elections; however, the change shall not affect | 18 | | the administration of the schools until July 1 following the | 19 | | date that the school board election is held for the new | 20 | | district or districts and the school boards of the districts as | 21 | | they existed prior to the change shall exercise the same power | 22 | | and authority over the territory until that date. | 23 | | (a-5) If a petition is filed under the authority of this | 24 | | Article for the consolidation of Christopher Unit School | 25 | | District 99 and Zeigler-Royalton Community Unit School |
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| 1 | | District 188, the change is granted and approved at election, | 2 | | and no appeal is taken, then the change shall become effective | 3 | | after one or both of the school districts have been awarded | 4 | | school construction grants under the School Construction Law. | 5 | | (a-10) If (i) a petition is filed under the authority of | 6 | | this Article for the reorganization of 2 or more school | 7 | | districts that requires a new school building to effectively | 8 | | educate students, (ii) the change is granted and approved at an | 9 | | election, and (iii) no appeal is taken, then, with the approval | 10 | | of the regional superintendent of schools, the change may | 11 | | become effective after one or more of the school districts have | 12 | | been awarded school construction grants, in accordance with the | 13 | | School Construction Law. The intent to postpone the | 14 | | reorganization's effective date must be documented in the | 15 | | petition, and the petition is void if it does not take effect | 16 | | within 5 years after being filed. After the referendum approval | 17 | | and before the effective date of the reorganization, the | 18 | | petition becomes void if the following requirements are met: | 19 | | (1) the board of each affected district, by proper | 20 | | resolution, causes the proposition to void the petition to | 21 | | be submitted to the voters of each affected district at a | 22 | | regularly scheduled election; and | 23 | | (2) a majority of the electors voting at the election | 24 | | in each affected district votes in favor of voiding the | 25 | | petition. | 26 | | (b) If any school district is dissolved in accordance with |
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| 1 | | this Article, upon the close of the then current school year, | 2 | | the terms of office of the school board of the dissolved | 3 | | district shall terminate. | 4 | | (c) New districts shall be permitted to organize and elect | 5 | | officers within the time prescribed by the general election | 6 | | law. Additionally, between the date of the organization and the | 7 | | election of officers and the date on which the new district | 8 | | takes effect for all purposes, the new district shall also be | 9 | | permitted, with the stipulation of the districts from which the | 10 | | new district is formed and the approval of the regional | 11 | | superintendent of schools, to take all action necessary or | 12 | | appropriate to do the following: | 13 | | (1) Establish the tax levy for the new district, in | 14 | | lieu of the levies by the districts from which the new | 15 | | district is formed, within the time generally provided by | 16 | | law and in accordance with this Article. The funds produced | 17 | | by the levy shall be transferred to the new district as | 18 | | generally provided by law at such time as they are received | 19 | | by the county collector. | 20 | | (2) Enter into agreements with depositories and direct | 21 | | the deposit and investment of any funds received from the | 22 | | county collector or any other source, all as generally | 23 | | provided by law. | 24 | | (3) Conduct a search for the superintendent of the new | 25 | | district and enter into a contract with the person selected | 26 | | to serve as the superintendent of the new district in |
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| 1 | | accordance with the provisions of this Code generally | 2 | | applicable to the employment of a superintendent. | 3 | | (4) Conduct a search for other administrators and staff | 4 | | of the new district and enter into a contract with these | 5 | | persons in accordance with the provisions of this Code | 6 | | generally applicable to the employment of administrators | 7 | | and other staff.
| 8 | | (5) Engage the services of accountants, architects, | 9 | | attorneys, and other consultants, including but not | 10 | | limited to consultants to assist in the search for the | 11 | | superintendent. | 12 | | (6) Plan for the transition from the administration of | 13 | | the schools by the districts from which the new district is | 14 | | formed. | 15 | | (7) Bargain collectively, pursuant to the Illinois | 16 | | Educational Labor Relations Act, with the certified | 17 | | exclusive bargaining representative or certified exclusive | 18 | | bargaining representatives of the new district's | 19 | | employees. | 20 | | (8) Expend the funds received from the levy and any | 21 | | funds received from the districts from which the new | 22 | | district is formed to meet payroll and other essential | 23 | | operating expenses or otherwise in the exercise of the | 24 | | foregoing powers
until the new district takes effect for | 25 | | all purposes. | 26 | | (9) Issue bonds authorized in the proposition to form |
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| 1 | | the new district or bonds pursuant to and in accordance | 2 | | with all of the requirements of Section 17-2.11 of this | 3 | | Code, levy taxes upon all of the taxable property within | 4 | | the new district to pay the principal of and interest on | 5 | | those bonds as provided by statute, expend the proceeds of | 6 | | the bonds and enter into any necessary contracts for the | 7 | | work financed therewith as authorized by statute, and avail | 8 | | itself of the provisions of other applicable law, including | 9 | | the Omnibus Bond Acts, in connection with the issuance of | 10 | | those bonds. | 11 | | (d) After the granting of a petition has become final and | 12 | | approved at election, the date when the change becomes | 13 | | effective for purposes of administration and attendance may be | 14 | | accelerated or postponed by stipulation of the school board of | 15 | | each district affected and approval by the regional | 16 | | superintendent of schools with which the original petition is | 17 | | required to be filed.
| 18 | | (Source: P.A. 97-925, eff. 8-10-12.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
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