Full Text of HB3310 102nd General Assembly
HB3310eng 102ND 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 Section | 5 | | 7-1 as follows:
| 6 | | (105 ILCS 5/7-1) (from Ch. 122, par. 7-1)
| 7 | | Sec. 7-1. Changing boundaries by detachment or | 8 | | dissolution.
| 9 | | (a) School district boundaries may be changed by | 10 | | detachment, annexation, division or dissolution
or any | 11 | | combination thereof by the regional board of school trustees | 12 | | or by the State Superintendent of Education as provided in
| 13 | | subsection (l) of Section 7-6. | 14 | | The petition must be filed with and decided solely by the | 15 | | regional board of school trustees of the region in which the | 16 | | regional superintendent of schools has supervision and | 17 | | control, as defined in Section 3-14.2 of this Code, of the | 18 | | detaching or dissolving school district. The petition may be | 19 | | filed in any office operated by the regional superintendent | 20 | | with supervision and control, as defined in Section 3-14.2 of | 21 | | this Code, of the detaching or dissolving school district. | 22 | | A petition for boundary change must be filed by the school | 23 | | board of the detaching or dissolving district, by a majority |
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| 1 | | of the legal resident voters in the dissolving district, or by | 2 | | two-thirds of a combination of the legal resident voters and | 3 | | the owners of record of any real estate with no legal resident | 4 | | voters in any territory proposed to be detached. If any of the | 5 | | territory proposed to be detached contains real estate with no | 6 | | legal resident voters, petitioners shall deliver the petition | 7 | | by certified mail, return receipt requested, to all owners of | 8 | | record of any real estate with no legal resident voters. Proof | 9 | | of such delivery must be presented as evidence at the hearing | 10 | | required under Section 7-6 of this Code. Any owner of record of | 11 | | real estate with no legal resident voters in any territory | 12 | | proposed to be detached may either sign the petition in person | 13 | | and before the circulator as described in this Section or | 14 | | return the petition with his or her notarized signature to be | 15 | | included as a petitioner. No person may sign a petition in the | 16 | | capacity of both a legal resident voter and owner of record. If | 17 | | there are no legal resident voters within the territory | 18 | | proposed to be detached, then the petition must be signed by | 19 | | all of the owners of record of the real estate of the | 20 | | territory. Legal resident
voters shall be determined by the | 21 | | official voter registration
lists as of the date the petition | 22 | | is filed. No signatures shall be added or withdrawn
after the | 23 | | date the petition is filed. The length of time for signatures | 24 | | to be valid, before filing of the petition, shall not exceed | 25 | | one year 6 months . Notwithstanding any provision to the | 26 | | contrary contained in the Election Code, the regional |
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| 1 | | superintendent of schools shall make all determinations | 2 | | regarding the validity of the petition, including, without | 3 | | limitation, signatures on the petition. If the regional | 4 | | superintendent determines that the petition is not in proper | 5 | | order or not in compliance with any applicable petition | 6 | | requirements, the regional superintendent may not accept the | 7 | | petition for filing and may return the petition to the | 8 | | petitioners. Any party who is dissatisfied with the | 9 | | determination of the regional superintendent regarding the | 10 | | validity of the petition may appeal the regional | 11 | | superintendent's decision to the regional board of school | 12 | | trustees by motion, and the motion must be heard by the | 13 | | regional board of school trustees prior to any hearing on the | 14 | | merits of the petition.
| 15 | | Petitions for detachment and dissolution shall include the | 16 | | full prayer of the
petition with a general description of the | 17 | | territory at the top of each page. Each signature contained | 18 | | therein shall match the official
signature and address of the | 19 | | legal resident voters as recorded in the office
of the county | 20 | | clerk or board of election commissioners, and each petitioner
| 21 | | shall record the date of his or her signing. Except in | 22 | | instances of a notarized signature of an owner of record of | 23 | | real estate with no legal resident voters in any territory | 24 | | proposed to be detached, each page of the circulated petition | 25 | | shall
be signed by a circulator stating that he or she has | 26 | | witnessed the signature of each
petitioner on that page. |
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| 1 | | Detachment petitions containing 10 or fewer signatures may be | 2 | | notarized in lieu of a circulator statement. Each petition | 3 | | shall include an accurate legal description and map of the | 4 | | territory proposed to be detached. If a petition proposes to | 5 | | dissolve an entire district, then the full name and number of | 6 | | the district and a map are sufficient. Each petition shall | 7 | | include the names of petitioners; the district to be dissolved | 8 | | or the district from which the territory is proposed to be | 9 | | detached; the district or districts to which the territory is | 10 | | proposed to be annexed; evidence that the detaching or | 11 | | dissolving territory is compact and contiguous with the | 12 | | annexing district or districts or otherwise meets the | 13 | | requirements set forth in Section 7-4 of this Code; the | 14 | | referendum date, if applicable; and facts that support | 15 | | favorable findings for the factors to be considered by the | 16 | | regional board of school trustees pursuant to Section 7-6 of | 17 | | this Code.
| 18 | | Where there is only one school building in an approved | 19 | | operating
district, the building and building site may not be | 20 | | included in any
detachment proceeding.
| 21 | | Notwithstanding any other provisions of this Code, if, | 22 | | pursuant to a petition filed under this subsection (a), all of | 23 | | the territory of a school district is to be annexed to another | 24 | | school district, then any action by the regional board of | 25 | | school trustees in granting or approving the petition and any | 26 | | change in school district boundaries pursuant to that action |
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| 1 | | is subject to and the change in school district boundaries may | 2 | | not be made except upon approval, at a regular scheduled | 3 | | election, in the manner provided by Section 7-7.7 of this | 4 | | Code, of a proposition for the annexation of all of the | 5 | | territory of that school district to the other school | 6 | | district. | 7 | | No petition may be filed under this Section to form a new | 8 | | school district under this Article; however, such a petition | 9 | | may be filed under this Section to form a new school district | 10 | | if the boundaries of such new school district lie entirely | 11 | | within the boundaries of a military base or installation | 12 | | operated and maintained by the government of the United | 13 | | States. | 14 | | (b) Any elementary or high school district with 100 or | 15 | | more of its
students residing upon territory located entirely | 16 | | within a military base or
installation operated and maintained | 17 | | by the government of the United States, or
any unit school | 18 | | district or any combination of the above mentioned
districts | 19 | | with 300 or more of its students residing upon territory | 20 | | located
entirely within a military base or installation | 21 | | operated and maintained by
the government of the United | 22 | | States, shall, upon the filing with the
regional board of | 23 | | school trustees of a petition adopted by resolution of
the | 24 | | board of education or a petition signed by a majority of the | 25 | | registered
voters residing upon such military base or | 26 | | installation, have all of the
territory lying entirely within |
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| 1 | | such military base or installation detached
from such school | 2 | | district, and a new school district comprised of such
| 3 | | territory shall be created. The petition shall be filed with | 4 | | and decided
solely by the regional board of school trustees of | 5 | | the region in which the
regional superintendent of schools has | 6 | | supervision and control, as defined by Section 3-14.2 of this | 7 | | Code, of the school district
affected. The regional board of | 8 | | school trustees shall have no authority to
deny the detachment | 9 | | and creation of a new school district requested in a
proper | 10 | | petition filed under this subsection. This subsection shall | 11 | | apply
only to those school districts having a population of | 12 | | not fewer than
1,000 and not more than 500,000 residents, as
| 13 | | ascertained by any special or general census.
| 14 | | The new school district shall tuition its students to the | 15 | | same
districts that its students were previously attending and | 16 | | the districts
from which the new district was detached shall | 17 | | continue to educate the
students from the new district, until | 18 | | the federal government provides other
arrangements. The | 19 | | federal government shall pay for the education of such
| 20 | | children as required by Section 6 of Public Law 81-874.
| 21 | | If a school district created under this subsection (b) has | 22 | | not elected a
school board
and has not become operational | 23 | | within 2 years after the date of detachment,
then this
| 24 | | district is automatically dissolved and the territory of this | 25 | | district reverts
to the school
district from which the | 26 | | territory was detached or any successor district
thereto. Any |
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| 1 | | school district created
under this
subsection (b) on or before | 2 | | September 1, 1996 that has not elected a school
board and has
| 3 | | not been operational since September 1, 1996 is automatically | 4 | | dissolved on the
effective
date of this amendatory Act of | 5 | | 1999, and on this date the territory of this
district reverts
| 6 | | to the school district from which the territory was detached. | 7 | | For the
automatic dissolution of a school district created | 8 | | under this subsection (b),
the
regional superintendent of | 9 | | schools
who has
supervision and control, as defined by Section | 10 | | 3-14.2 of this Code, of the school district from which the | 11 | | territory was detached shall
certify to
the regional board of | 12 | | school trustees that the school district created under
this | 13 | | subsection
(b) has been automatically dissolved.
| 14 | | (Source: P.A. 100-374, eff. 8-25-17.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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