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Illinois Compiled Statutes
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SCHOOLS (105 ILCS 5/) School Code. 105 ILCS 5/prec. Sec. 12-10
(105 ILCS 5/prec. Sec. 12-10 heading)
NON-HIGH SCHOOL DISTRICTS
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105 ILCS 5/12-10
(105 ILCS 5/12-10) (from Ch. 122, par. 12-10)
Sec. 12-10.
Territory constituting - Board of education.
All the territory of each county not included in a district
maintaining a recognized four year high school is a non-high school
district for the purpose of levying a tax to pay the tuition of all
eighth grade graduates residing therein, including pupils attending a
recognized two or three year high school conducted by a school district.
The board of education for each non-high school district shall consist
of the county superintendent of schools who shall be an ex-officio
member of the board and secretary thereof but who shall have no vote,
and 3 members each of whom shall serve for 4 years from the
first Monday of the month following his election. At the first such election
those elected shall, by lot, determine one to serve for 2 years and 2 for
4 years; thereafter all terms shall be for 4 years. When a vacancy occurs
on the board, the remaining members shall, within 30 days, fill the
vacancy by appointment until the next regular election for members of the board.
Within 10 days after the commencement of their terms the members of the
board shall meet and organize by electing one of their number president.
Notwithstanding any provision of Article 7 the non-high school board
shall remain in existence after the elimination of all the non-high
school territory of the county for which it was elected until it
prepares for and delivers to the county clerk a final statement showing
the amount of debts or obligations, other than bonded indebtedness, of
the district, the date upon which such debts or obligations were
incurred and to whom the obligations run, together with a map showing
the extent of the territory on such dates.
This section does not prevent the organization of any territory of
non-high school districts into community high school districts.
(Source: P.A. 80-1469.)
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105 ILCS 5/12-11
(105 ILCS 5/12-11) (from Ch. 122, par. 12-11)
Sec. 12-11.
Duties of board of education.
The board of education of a non-high school district shall perform the
duties prescribed in sections 12-11.1 through 12-11.5.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/12-11.1
(105 ILCS 5/12-11.1) (from Ch. 122, par. 12-11.1)
Sec. 12-11.1.
Tax levy.
Levy a tax annually upon all the taxable property of the district not
to exceed 1% of value as equalized or assessed by the Department of
Revenue, for the purpose of paying the tuition of all
eighth-grade graduates residing within the district attending any
recognized high school. The board of education of such nonhigh school
district may by proper resolution cause a proposition to increase the
annual tax rate for such purpose to be submitted to the voters of such
district at any regular scheduled election. The rate shall not be
increased at any single referendum more than 0.21% upon the value as
equalized or assessed by the Department of Revenue for
such purpose, and the maximum rate for such purpose shall not exceed
1.60%. Such amount shall be certified and returned to the county clerk
on or before the last Tuesday in September of each year. The certificate
shall be signed by the president and the secretary of the board and may
be in the following form:
CERTIFICATE OF TAX LEVY
We hereby certify that we require the sum of .... dollars to be
levied as a special tax to pay the tuition of graduates of the eighth
grade residing in the nonhigh school district of .... County, on the
equalized assessed valuation of the taxable property of our nonhigh
school district.
Signed on (insert date).
A..... B....., President
C..... D....., Secretary
A failure to certify and return the certificate of tax levy to the
county clerk in the time required shall not vitiate the assessment.
(Source: P.A. 91-357, eff. 7-29-99.)
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105 ILCS 5/12-11.2
(105 ILCS 5/12-11.2) (from Ch. 122, par. 12-11.2)
Sec. 12-11.2.
Orders for payment of tuition.
Issue orders on the county treasurer for the payment of the tuition of
eighth-grade graduates residing within the non-high school district
attending a recognized high school, provided such attendance is certified
to the board by the board of education of the high school attended. Such
orders shall be payable out of any funds belonging to the district.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/12-11.3
(105 ILCS 5/12-11.3) (from Ch. 122, par. 12-11.3)
Sec. 12-11.3.
Reports.
Make such reports as may be required by the State Board of Education
and by the regional
superintendent of schools.
(Source: P.A. 81-1508.)
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105 ILCS 5/12-11.5
(105 ILCS 5/12-11.5) (from Ch. 122, par. 12-11.5)
Sec. 12-11.5.
Transportation of pupils.
If in the discretion of the board of education sufficient moneys of the
district are available after payment of the other expenses of the district,
including tuition, may provide free transportation for the pupils of their
district not living within one and one-half miles of a high school which
they may lawfully attend to the most convenient high school which such
pupils may lawfully attend under the provisions of this Act, or reimburse
pupils living in a portion of such district which cannot be reached by bus
or train for the reasonable cost of their transportation, or for the amount
necessarily expended by them for transportation in attending a high school
approved by such board.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/12-12
(105 ILCS 5/12-12) (from Ch. 122, par. 12-12)
Sec. 12-12.
Anticipation warrants.
When there is no money in the treasury
of any non-high school
district to defray the necessary expenses of the district, including
amounts necessary to pay maturing principal and interest of bonds, the
board of education may issue warrants or may provide a fund to meet the
expenses by issuing and disposing of warrants drawn against and in
anticipation of any taxes levied for the payment of such expenses,
either for educational or building purposes or for the payment of
maturing principal and interest of bonds, to the extent of 85% of the
total amount of the tax so levied. The warrants shall show upon their
faces that they are payable, in the numerical order of their issuance,
solely from such taxes when collected, and shall be received by any
collector of taxes in payment of the taxes against which they are
issued, and such taxes shall be set apart and held for their payment.
Every warrant shall bear interest payable only out of the taxes
against which it is drawn, at the rate of not more than the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract, for
warrants issued before January 1, 1972 and not more than the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract,
for warrants issued after January 1, 1972, from the date of its issuance
until paid or until notice is given by publication in a newspaper or
otherwise that the money for its payment is available and that it will
be paid on presentation, unless a lower rate of interest shall be
specified therein, in which case the interest shall be computed and paid
at the lower rate.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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105 ILCS 5/12-13
(105 ILCS 5/12-13) (from Ch. 122, par. 12-13)
Sec. 12-13.
Bond issue - Resolution - Election.
If there has been a delay in the extension and collection of taxes
levied by the governing body of any nonhigh school district caused by a
reassessment of real property therein, the district may issue bonds for
the purpose of paying unpaid tuition claims or other claims against it.
Before any nonhigh school district issues any such bonds the board
of education shall examine and consider the claims proposed to be paid,
and if it appears that they were authorized and allowed for proper
nonhigh school purposes, it shall adopt a resolution so declaring and
set forth and describe in detail such claims. The adoption of the
resolution shall establish the validity thereof. The resolution shall
also declare the intention of the nonhigh school district to issue
bonds for the purpose of paying such claims and direct that notice of
such intention be published at least once in a newspaper published and having
a general circulation in the district, if there be one, but if there is no
newspaper published in such district then by publishing such notice in a
newspaper having a general circulation in the district or if no newspaper
is published in the district in one or more newspapers with a general
circulation in the district. The notice shall include a statement of (1)
the specific number of voters required to sign a petition requesting that
the question of the adoption of the resolution be submitted to the electors
of the district; (2) the time in which the petition must be filed; and (3)
the date of the prospective referendum.
The recording officer of the district shall provide a petition form to any
individual requesting one. If within 30 days after the
publication a petition is filed with the recording officer of the
district, signed by voters of the district
equal to 10% or more of the registered voters of the district, requesting
that the proposition to issue the bonds be submitted to the voters
thereof, then such district shall not be authorized to issue them until
either the petition has been determined to be invalid or insufficient or
the proposition has been submitted to and approved by a majority of the
voters voting on the proposition at a regular scheduled election. The board
shall certify the proposition to the proper election authorities for submission
in accordance with the general election law. If no such petition
is filed, or if any and all petitions filed are invalid, such
district may issue the bonds. In addition to the requirements of the general
election law the notice of the election shall set forth the
intention of the district to issue bonds under the provisions of this
Section. The ballot to be used at the election shall be in substantially
the following form:
OFFICIAL BALLOT
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the Board of Education of Nonhigh School District No. YES ...., .... County, Illinois, be - - - - - - - - - - - - - - - - - - -
authorized to issue bonds as authorized NO by Sec. 12-13 of the School Code? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(Source: P.A. 87-767 .)
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105 ILCS 5/12-14
(105 ILCS 5/12-14) (from Ch. 122, par. 12-14)
Sec. 12-14.
Resolution authorizing issue - Interest - Maturity - Taxes - Sale or exchange.
Any non-high school district which has complied with the provisions of
Section 12-13 and which is authorized to issue bonds thereunder shall
adopt a resolution authorizing the issue of bonds. The resolution shall set
forth the date, denomination, rate of interest and maturities of the bonds,
fix all the details with respect to the issue and execution thereof, and
provide for the levy of a separate tax sufficient to pay both principal and
interest of the bonds as they mature. The bonds shall bear interest at a
rate not to exceed the maximum rate authorized by the Bond Authorization Act,
as amended at the time of the making of the contract,
for bonds issued before January
1, 1972 and
not to exceed the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, for
bonds issued after January
1, 1972, payable
annually or semi-annually as the board of education may determine, and
mature in not more than 20 years from the date thereof.
A certified copy of the resolution shall be filed with the county clerk
of the county in which the non-high school district is situated. The county
clerk shall annually extend taxes against all of the taxable property
contained in the non-high school district in amounts sufficient to pay
maturing principal and interest of the bonds without limitation as to rate
and amount, and in addition to and in excess of any taxes authorized to be
levied by the district.
The bonds may be exchanged par for par for unpaid tuition claims or
other unpaid claims or both or may be sold and the proceeds used to pay
such claims.
Purchasers of bonds shall not be obligated to inquire into the validity
of the claims funded thereby but the determination of the board of
education by resolution to issue such bonds for such purpose shall be
conclusive evidence to such purchaser or owner as to the validity of the
claims thereby funded.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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