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90_HB0574enr
10 ILCS 5/28-2 from Ch. 46, par. 28-2
105 ILCS 5/7-1 from Ch. 122, par. 7-1
105 ILCS 5/7-2 from Ch. 122, par. 7-2
105 ILCS 5/7-4 from Ch. 122, par. 7-4
105 ILCS 5/7-6 from Ch. 122, par. 7-6
105 ILCS 5/7-7.5 new
105 ILCS 5/7-7.6 new
105 ILCS 5/7-7.7 new
105 ILCS 5/7-9 from Ch. 122, par. 7-9
Amends the Election and School Codes. Provides, with
respect to school district boundary change petitions under
which all of the territory of a school district is to be
annexed to another school district or under which part of the
territory of a school district is to be annexed to another
school district, that if the regional board of school
trustees or State Superintendent of Education has discretion
to deny or to grant or approve the petition and enters an
order granting or approving the petition, the matter must
then be submitted to referendum at a regular scheduled
election and approved by a majority of the voters in each of
the affected school districts who are entitled to vote on and
who vote on the proposition.
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1 AN ACT relating to school district boundaries, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Election Code is amended by changing
6 Section 28-2 as follows:
7 (10 ILCS 5/28-2) (from Ch. 46, par. 28-2)
8 Sec. 28-2. (a) Except as otherwise provided in this
9 Section, petitions for the submission of public questions to
10 referendum must be filed with the appropriate officer or
11 board not less than 78 days prior to a regular election to be
12 eligible for submission on the ballot at such election; and
13 petitions for the submission of a question under Section
14 18-120 of the Property Tax Code must be filed with the
15 appropriate officer or board not more than 10 months nor less
16 than 6 months prior to the election at which such question is
17 to be submitted to the voters.
18 (b) However, petitions for the submission of a public
19 question to referendum which proposes the creation or
20 formation of a political subdivision must be filed with the
21 appropriate officer or board not less than 108 days prior to
22 a regular election to be eligible for submission on the
23 ballot at such election.
24 (c) Resolutions or ordinances of governing boards of
25 political subdivisions which initiate the submission of
26 public questions pursuant to law must be adopted not less
27 than 65 days before a regularly scheduled election to be
28 eligible for submission on the ballot at such election.
29 (d) A petition, resolution or ordinance initiating the
30 submission of a public question may specify a regular
31 election at which the question is to be submitted, and must
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1 so specify if the statute authorizing the public question
2 requires submission at a particular election. However, no
3 petition, resolution or ordinance initiating the submission
4 of a public question, other than a legislative resolution
5 initiating an amendment to the Constitution, may specify such
6 submission at an election more than one year after the date
7 on which it is filed or adopted, as the case may be. A
8 petition, resolution or ordinance initiating a public
9 question which specifies a particular election at which the
10 question is to be submitted shall be so limited, and shall
11 not be valid as to any other election, other than an
12 emergency referendum ordered pursuant to Section 2A-1.4.
13 (e) If a petition initiating a public question does not
14 specify a regularly scheduled election, the public question
15 shall be submitted to referendum at the next regular election
16 occurring not less than 78 days after the filing of the
17 petition, or not less than 108 days after the filing of a
18 petition for referendum to create a political subdivision.
19 If a resolution or ordinance initiating a public question
20 does not specify a regularly scheduled election, the public
21 question shall be submitted to referendum at the next regular
22 election occurring not less than 65 days after the adoption
23 of the resolution or ordinance.
24 (f) In the case of back door referenda, any limitations
25 in another statute authorizing such a referendum which
26 restrict the time in which the initiating petition may be
27 validly filed shall apply to such petition, in addition to
28 the filing deadlines specified in this Section for submission
29 at a particular election. In the case of any back door
30 referendum, the publication of the ordinance or resolution of
31 the political subdivision shall include a notice of (1) the
32 specific number of voters required to sign a petition
33 requesting that a public question be submitted to the voters
34 of the subdivision; (2) the time within which the petition
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1 must be filed; and (3) the date of the prospective
2 referendum. The secretary or clerk of the political
3 subdivision shall provide a petition form to any individual
4 requesting one. As used herein, a "back door referendum" is
5 the submission of a public question to the voters of a
6 political subdivision, initiated by a petition of voters or
7 residents of such political subdivision, to determine whether
8 an action by the governing body of such subdivision shall be
9 adopted or rejected.
10 (g) A petition for the incorporation or formation of a
11 new political subdivision whose officers are to be elected
12 rather than appointed must have attached to it an affidavit
13 attesting that at least 108 days and no more than 138 days
14 prior to such election notice of intention to file such
15 petition was published in a newspaper published within the
16 proposed political subdivision, or if none, in a newspaper of
17 general circulation within the territory of the proposed
18 political subdivision in substantially the following form:
19 NOTICE OF PETITION TO FORM A NEW........
20 Residents of the territory described below are notified
21 that a petition will or has been filed in the Office
22 of............requesting a referendum to establish a
23 new........, to be called the............
24 *The officers of the new...........will be elected on the
25 same day as the referendum. Candidates for the governing
26 board of the new......may file nominating petitions with the
27 officer named above until...........
28 The territory proposed to comprise the new........is
29 described as follows:
30 (description of territory included in petition)
31 (signature)....................................
32 Name and address of person or persons proposing
33 the new political subdivision.
34 * Where applicable.
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1 Failure to file such affidavit, or failure to publish the
2 required notice with the correct information contained
3 therein shall render the petition, and any referendum held
4 pursuant to such petition, null and void.
5 Notwithstanding the foregoing provisions of this
6 subsection (g) or any other provisions of this Code, the
7 publication of notice and affidavit requirements of this
8 subsection (g) shall not apply to any petition filed under
9 Article 7, 7A, 11A, 11B, or 11D of the School Code nor to any
10 referendum held pursuant to any such petition, and neither
11 any petition filed under any of those Articles nor any
12 referendum held pursuant to any such petition shall be
13 rendered null and void because of the failure to file an
14 affidavit or publish a notice with respect to the petition or
15 referendum as required under this subsection (g) for
16 petitions that are not filed under any of those Articles of
17 the School Code.
18 (Source: P.A. 87-185; 88-670, eff. 12-2-94.)
19 Section 10. The School Code is amended by changing
20 Sections 7-1, 7-2, 7-4, 7-6, 7-9, 9-11.2, 9-12, 10-10, 10-16,
21 and 11B-7 and adding Sections 7-2c, 7-7.5, 7-7.6, and 7-7.7
22 as follows:
23 (105 ILCS 5/7-1) (from Ch. 122, par. 7-1)
24 Sec. 7-1. Districts in one educational service region -
25 changing boundaries.
26 (a) School district boundaries lying entirely within any
27 educational service region may be changed by detachment,
28 annexation, division or dissolution or any combination
29 thereof by the regional board of school trustees of such
30 region, or by the State Superintendent of Education as
31 provided in subsection (l) of Section 7-6, when petitioned by
32 the boards of each district affected or by a majority of the
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1 registered voters in each district affected or by two-thirds
2 of the registered voters in any territory proposed to be
3 detached from one or more districts or in each of one or more
4 districts proposed to be annexed to another district.
5 Registered voters shall be determined by the official voter
6 registration lists as of the date the petition is filed. No
7 signatures shall be added after the date the petition is
8 filed. If there are no registered voters within the
9 territory proposed to be detached from one or more districts,
10 then the petition may be signed by all of the owners of
11 record of the real estate of the territory. Notwithstanding
12 any other provisions of this Article, if pursuant to a
13 petition filed under this subsection all of the territory of
14 a school district is to be annexed to another school
15 district, any action by the regional board of school trustees
16 or State Superintendent of Education in granting or approving
17 the petition and any change in school district boundaries
18 pursuant to that action is subject to and the change in
19 school district boundaries shall not be made except upon
20 approval at a regular scheduled election, in the manner
21 provided by Section 7-7.7, of a proposition for the
22 annexation of all of the territory of that school district to
23 the other school district.
24 Each page of the circulated petition shall include the
25 full prayer of the petition, and each signature contained
26 therein shall match the official signature and address of the
27 registered voters as recorded in the office of the election
28 authority having jurisdiction over the county. Each
29 petitioner shall also record the date of his signing. Each
30 page of the petition shall be signed by a circulator who has
31 witnessed the signature of each petitioner on that page. The
32 length of time for signatures to be valid, before filing of
33 the petition, shall not exceed 6 months.
34 Where there is only one school building in an approved
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1 operating district, the building and building site may not be
2 included in any detachment proceeding unless petitioned by
3 two-thirds of the registered voters within the entire
4 district wherein the school is located.
5 (b) Any elementary or high school district with 100 or
6 more of its students residing upon territory located entirely
7 within a military base or installation operated and
8 maintained by the government of the United States, or any
9 unit school district or any combination of the above
10 mentioned districts with 300 or more of its students residing
11 upon territory located entirely within a military base or
12 installation operated and maintained by the government of the
13 United States, shall, upon the filing with the regional board
14 of school trustees of a petition adopted by resolution of the
15 board of education or a petition signed by a majority of the
16 registered voters residing upon such military base or
17 installation, have all of the territory lying entirely within
18 such military base or installation detached from such school
19 district, and a new school district comprised of such
20 territory shall be created. The petition shall be filed with
21 and decided solely by the regional board of school trustees
22 of the region in which the regional superintendent of schools
23 has supervision of the school district affected. The
24 regional board of school trustees shall have no authority to
25 deny the detachment and creation of a new school district
26 requested in a proper petition filed under this subsection.
27 This subsection shall apply only to those school districts
28 having a population of not fewer than 1,000 and not more than
29 500,000 residents, as ascertained by any special or general
30 census.
31 The new school district shall tuition its students to the
32 same districts that its students were previously attending
33 and the districts from which the new district was detached
34 shall continue to educate the students from the new district,
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1 until the federal government provides other arrangements.
2 The federal government shall pay for the education of such
3 children as required by Section 6 of Public Law 81-874.
4 (Source: P.A. 87-210; 87-1080.)
5 (105 ILCS 5/7-2) (from Ch. 122, par. 7-2)
6 Sec. 7-2. Districts in two or more counties; Change of
7 boundaries. Boundaries of existing school districts lying
8 within two or more counties may be changed by detachment,
9 annexation, division, dissolution or any combination thereof
10 by the concurrent action of, taken following a joint hearing
11 before, the regional boards of school trustees of each region
12 affected. For purposes of this Section and Section 7-6, an
13 educational service region shall be deemed to be a region
14 affected if any portion of the territory which the petition
15 seeks to have detached from any school district is located in
16 the region. The petition may be by the boards of each
17 district affected, or by a majority of the legal voters
18 residing in each district affected, or by two-thirds of the
19 legal voters residing in any territory proposed to be
20 detached from one or more districts or in each of one or more
21 districts proposed to be annexed to another district. The
22 original petition shall be filed with the regional board of
23 school trustees of the region in which the territory being
24 detached is located or if territory is being detached from
25 more than one region then the petition shall be filed with
26 the regional board of school trustees of the region in which
27 the regional superintendent has supervision over the greatest
28 portion of such territory. A certified true copy of the
29 petition shall be filed with the regional board of school
30 trustees of each other region affected. Notwithstanding any
31 other provisions of this Article, if pursuant to a petition
32 filed under this Section all of the territory of a school
33 district is to be annexed to another school district, any
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1 action by the regional boards of school trustees in granting
2 the petition and any changes in school district boundaries
3 pursuant to that action is subject to and the change in
4 school district boundaries shall not be made except upon
5 approval at a regular scheduled election, in the manner
6 provided by Section 7-7.7, of a proposition for the
7 annexation of all of the territory of that school district to
8 the other school district.
9 The regional board of school trustees in whose region the
10 joint hearing on the original petition is conducted shall
11 send a certified true copy of the transcript of the hearing
12 to each other region affected. If there are no legal voters
13 residing within the territory proposed to be detached from
14 one or more districts, then the petition may be signed by all
15 of the owners of record of the real estate of the territory.
16 The annexing district is that district to which territory is
17 proposed to be added.
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 unless petitioned by
21 two-thirds of the eligible voters within the entire district
22 wherein the school is located.
23 After September 23, 1983, no petition shall be filed
24 under Sections 7-1 and 7-2 to form a new school district
25 under this Article except that such a petition may be filed
26 under Section 7-1 to form a new school district where the
27 boundaries of such new school district lie entirely within
28 the boundaries of a military base or installation operated
29 and maintained by the government of the United States.
30 (Source: P.A. 86-743; 87-1080.)
31 (105 ILCS 5/7-2c new)
32 Sec. 7-2c. Change of school district boundaries
33 following annexation of vacant and unincorporated territory
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1 to a contiguous municipality.
2 Notwithstanding any other provision of this Code, any
3 contiguous portion of an elementary school district may be
4 detached from that district and annexed to an adjoining
5 elementary school district, and any contiguous portion of a
6 high school district may be detached from that district and
7 annexed to an adjoining high school district, upon a petition
8 or petitions filed under this Section, when all of the
9 following conditions are met with respect to each petition so
10 filed:
11 (1) The portion of the district to be so detached
12 and annexed to an adjoining elementary or high school
13 district consists of not more than 160 acres of vacant
14 land that is located in an unincorporated area of a
15 county of 2,000,000 or more inhabitants and, on the
16 effective date of this amendatory Act of 1997, is
17 contiguous to one municipality that is (i) wholly outside
18 the elementary or high school district from which the
19 vacant land is to be detached and (ii) located entirely
20 within the territorial boundaries of the adjoining
21 elementary or high school district to which the vacant
22 land is to be annexed.
23 (2) The equalized assessed valuation of the taxable
24 property located in the portion of the district that is
25 to be so detached and annexed to the adjoining elementary
26 or high school district constitutes less than 1% of the
27 equalized assessed valuation of the taxable property of
28 the district from which it is to be detached.
29 (3) The portion of the district to be so detached
30 and annexed to the adjoining elementary or high school
31 district is annexed to the contiguous municipality
32 pursuant to a petition for annexation filed and pending
33 with the annexing municipality upon the effective date of
34 this amendatory Act.
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1 A petition filed under this Section shall be filed with
2 the State Superintendent of Education and shall be signed by
3 all of the owners of record of the vacant land that comprises
4 the portion of the district that is to be detached and
5 annexed to the adjoining elementary or high school district
6 under the provisions of this Section. The State
7 Superintendent shall: (i) hold a hearing on the petition
8 within 90 days after the date of filing; (ii) render a
9 decision granting or denying the petition within 30 days
10 after the hearing; and (iii) promptly serve a copy of the
11 decision by certified mail, return receipt requested, upon
12 the petitioners and upon the school boards of the school
13 districts from which the territory described in the petition
14 is sought to be detached and to which that territory is
15 sought to be annexed.
16 The State Superintendent of Education has no authority or
17 discretion to hear any evidence or consider any issues at the
18 hearing except those that may be necessary to determine
19 whether the limitations and conditions of this Section have
20 been met.
21 The State Superintendent of Education: (i) shall give
22 written notice of the time and place of the hearing, not less
23 than 30 days prior to the date of the hearing, to the school
24 board of the school district from which the territory
25 described in the petition is to be detached and to the
26 school board of the school district to which that territory
27 is to be annexed; and (ii) shall publish notice of the
28 hearing in a newspaper that is published in the county in
29 which the territory described in the petition is located and
30 that has circulation within the school districts whose school
31 boards are entitled to written notice of the hearing.
32 In the event that the granting of a petition filed under
33 this Section has become final, either through failure to seek
34 administrative review or by the final decision of a court on
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1 review, the change in boundaries shall become effective
2 forthwith and for all purposes, except that if the granting
3 of the petition becomes final between September 1 and June 30
4 of any year, the administration of and attendance at the
5 schools shall not be affected until the following July 1,
6 when the change in boundaries shall become effective for all
7 purposes. After the granting of a petition has become final,
8 the date when the change shall become effective for purposes
9 of administration and attendance may be accelerated or
10 postponed by stipulation of the school boards of the school
11 districts from which the territory described in the petition
12 is detached and to which that territory is annexed.
13 The decision of the State Superintendent of Education
14 shall be deemed an "administrative decision" as defined in
15 Section 3-101 of the Administrative Review Law, and any
16 petitioner or the school board of a school district affected
17 by the detachment and annexation of the territory described
18 in the petition may within 35 days after a copy of the
19 decision sought to be reviewed was served by certified mail
20 upon the party affected thereby, or upon the attorney of
21 record for such party, apply for a review of such decision in
22 accordance with the Administrative Review Law, and all
23 amendments and modifications thereof and the rules adopted
24 pursuant thereto.
25 The commencement of any action for review shall operate
26 as a supersedeas, and no further proceedings shall be had
27 until final disposition of such review. The circuit court of
28 the county in which the petition is filed with the State
29 Superintendent of Education shall have sole jurisdiction to
30 entertain a complaint for such review.
31 This Section: (i) is not limited by and operates
32 independently of all other provisions of this Article, and
33 (ii) constitutes complete authority for the granting or
34 denial by the State Superintendent of Education of a petition
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1 filed under this Section when the conditions prescribed by
2 this Section for the filing of that petition are met.
3 (105 ILCS 5/7-4) (from Ch. 122, par. 7-4)
4 Sec. 7-4. Requirements for granting petitions. No
5 petition shall be granted under Sections 7-1 or 7-2 of this
6 Act:
7 (a) If there will be any non-high school territory
8 resulting from the granting of the petition.
9 (b) Unless after granting the petition any community
10 unit district, community consolidated district, elementary
11 district or high school district created shall have a
12 population of at least 2,000 and an equalized assessed
13 valuation of at least $6,000,000 based upon the last value as
14 equalized by the Department of Revenue as of the date of
15 filing of the petition.
16 (c) Unless the territory within any district so created
17 or any district whose boundaries are affected by the granting
18 of a petition shall after the granting thereof be compact and
19 contiguous except as provided in Section 7-6 of this Act.
20 The fact that a district is divided by territory lying within
21 the corporate limits of the city of Chicago shall not render
22 it non-compact or non-contiguous.
23 (d) To create any school district with a population of
24 less than 2,000 unless the State Board of Education and the
25 regional superintendent of schools for the region in which
26 the proposed district will lie shall certify to the regional
27 board or boards of school trustees that the creation of such
28 new district will not interfere with the ultimate
29 reorganization of the territory of such proposed district as
30 a part of a district having a population of 2,000 or more.
31 Notwithstanding any other provisions of this Article, the
32 granting or approval by a regional board or regional boards
33 of school trustees or by the State Superintendent of
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1 Education of a petition that under subsection (b-5) of
2 Section 7-6 is required to request the submission of a
3 proposition at a regular scheduled election for the purpose
4 of voting for or against the annexation of the territory
5 described in the petition to the school district proposing to
6 annex that territory is subject to, and any change in school
7 district boundaries pursuant to the granting of the petition
8 shall not be made except upon, approval of the proposition at
9 the election in the manner provided by Section 7-7.7.
10 (Source: P.A. 89-397, eff. 8-20-95.)
11 (105 ILCS 5/7-6) (from Ch. 122, par. 7-6)
12 Sec. 7-6. Petition filing; Notice; Hearing; Decision.
13 (a) Upon the filing of a petition with the secretary of
14 the regional board of school trustees under the provisions of
15 Section 7-1 or 7-2 of this Act the secretary shall cause a
16 copy of such petition to be given to each board of any
17 district involved in the proposed boundary change and shall
18 cause a notice thereof to be published once in a newspaper
19 having general circulation within the area of the territory
20 described in the petition for the proposed change of
21 boundaries.
22 (b) When a joint hearing is required under the
23 provisions of Section 7-2, the secretary also shall cause a
24 copy of the notice to be sent to the regional board of school
25 trustees of each region affected. Notwithstanding the
26 foregoing provisions of this Section, if the secretary of the
27 regional board of school trustees with whom a petition is
28 filed under Section 7-2 fails, within 30 days after the
29 filing of such petition, to cause notice thereof to be
30 published and sent as required by this Section, then the
31 secretary of the regional board of school trustees of any
32 other region affected may cause the required notice to be
33 published and sent, and the joint hearing may be held in any
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1 region affected as provided in the notice so published.
2 (b-5) If a petition filed under subsection (a) of
3 Section 7-1 or under Section 7-2 proposes to annex all the
4 territory of a school district to another school district,
5 the petition shall request the submission of a proposition at
6 a regular scheduled election for the purpose of voting for or
7 against the annexation of the territory described in the
8 petition to the school district proposing to annex that
9 territory. No petition filed or election held under this
10 Article shall be null and void, invalidated, or deemed in
11 noncompliance with the Election Code because of a failure to
12 publish a notice with respect to the petition or referendum
13 as required under subsection (g) of Section 28-2 of that Code
14 for petitions that are not filed under this Article or
15 Article 7A, 11A, 11B, or 11D of the School Code.
16 (c) When a petition contains more than 10 signatures the
17 petition shall designate a committee of 10 of the petitioners
18 as attorney in fact for all petitioners, any 7 of whom may
19 make binding stipulations on behalf of all petitioners as to
20 any question with respect to the petition or hearing or joint
21 hearing, and the regional board of school trustees, or
22 regional boards of school trustees in cases of a joint
23 hearing may accept such stipulation in lieu of evidence or
24 proof of the matter stipulated. The committee of petitioners
25 shall have the same power to stipulate to accountings or
26 waiver thereof between school districts; however, the
27 regional board of school trustees, or regional boards of
28 school trustees in cases of a joint hearing may refuse to
29 accept such stipulation. Those designated as the committee of
30 10 shall serve in that capacity until such time as the
31 regional superintendent of schools or the committee of 10
32 determines that, because of death, resignation, transfer of
33 residency from the territory, or failure to qualify, the
34 office of a particular member of the committee of 10 is
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1 vacant. Upon determination that a vacancy exists, the
2 remaining members shall appoint a petitioner to fill the
3 designated vacancy on the committee of 10. The appointment
4 of any new members by the committee of 10 shall be made by a
5 simple majority vote of the remaining designated members.
6 (d) The petition may be amended to withdraw not to
7 exceed a total of 10% of the territory in the petition at any
8 time prior to the hearing or joint hearing; provided that the
9 petition shall after amendment comply with the requirements
10 as to the number of signatures required on an original
11 petition.
12 (e) The petitioners shall pay the expenses of publishing
13 the notice and of any transcript taken at the hearing or
14 joint hearing; and in case of an appeal from the decision of
15 the regional board of school trustees, or regional boards of
16 school trustees in cases of a joint hearing, or State
17 Superintendent of Education in cases determined under
18 subsection (l) of this Section, the appellants shall pay the
19 cost of preparing the record for appeal.
20 (f) The notice shall state when the petition was filed,
21 the description of the territory, the prayer of the petition
22 and the return day on which the hearing or joint hearing upon
23 the petition will be held which shall not be more than 15 nor
24 less than 10 days after the publication of notice.
25 (g) On such return day or on a day to which the regional
26 board of school trustees, or regional boards of school
27 trustees in cases of a joint hearing shall continue the
28 hearing or joint hearing the regional board of school
29 trustees, or regional boards of school trustees in cases of a
30 joint hearing shall hear the petition but may adjourn the
31 hearing or joint hearing from time to time or may continue
32 the matter for want of sufficient notice or other good cause.
33 (h) Prior to the hearing or joint hearing the secretary
34 of the regional board of school trustees shall submit to the
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1 regional board of school trustees, or regional boards of
2 school trustees in cases of a joint hearing maps showing the
3 districts involved, a written report of financial and
4 educational conditions of districts involved and the probable
5 effect of the proposed changes. The reports and maps
6 submitted shall be made a part of the record of the
7 proceedings of the regional board of school trustees, or
8 regional boards of school trustees in cases of a joint
9 hearing. A copy of the report and maps submitted shall be
10 sent by the secretary of the regional board of school
11 trustees to each board of the districts involved, not less
12 than 5 days prior to the day upon which the hearing or joint
13 hearing is to be held.
14 (i) The regional board of school trustees, or regional
15 boards of school trustees in cases of a joint hearing shall
16 hear evidence as to the school needs and conditions of the
17 territory in the area within and adjacent thereto and as to
18 the ability of the districts affected to meet the standards
19 of recognition as prescribed by the State Board of Education,
20 and shall take into consideration the division of funds and
21 assets which will result from the change of boundaries and
22 shall determine whether it is to the best interests of the
23 schools of the area and the educational welfare of the pupils
24 that such change in boundaries be granted, and in case
25 non-high school territory is contained in the petition the
26 normal high school attendance pattern of the children shall
27 be taken into consideration. If the non-high school territory
28 overlies an elementary district, a part of which is in a high
29 school district, such territory may be annexed to such high
30 school district even though not contiguous to the high school
31 district. However, upon resolution by the regional board of
32 school trustees, or regional boards of school trustees in
33 cases of a joint hearing the secretary or secretaries thereof
34 shall conduct the hearing or joint hearing upon any boundary
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1 petition and present a transcript of such hearing to the
2 trustees who shall base their decision upon the transcript,
3 maps and information and any presentation of counsel.
4 (j) At the hearing or joint hearing any resident of the
5 territory described in the petition or any resident in any
6 district affected by the proposed change of boundaries may
7 appear in person or by an attorney in support of the petition
8 or to object to the granting of the petition and may present
9 evidence in support of his position.
10 (k) At the conclusion of the hearing, other than a joint
11 hearing, the regional superintendent of schools as ex officio
12 member of the regional board of school trustees shall within
13 30 days enter an order either granting or denying the
14 petition and shall deliver to the committee of petitioners,
15 if any, and any person who has filed his appearance in
16 writing at the hearing and any attorney who appears for any
17 person and any objector who testifies at the hearing and the
18 regional superintendent of schools a certified copy of its
19 order.
20 (l) Notwithstanding the foregoing provisions of this
21 Section, if within 9 months after a petition is submitted
22 under the provisions of Section 7-1 the petition is not
23 approved or denied by the regional board of school trustees
24 and the order approving or denying that petition entered and
25 a copy thereof served as provided in this Section, the school
26 boards or registered voters of the districts affected that
27 submitted the petition (or the committee of 10, or an
28 attorney acting on its behalf, if designated in the petition)
29 may submit a copy of the petition directly to the State
30 Superintendent of Education for approval or denial. The copy
31 of the petition as so submitted shall be accompanied by a
32 record of all proceedings had with respect to the petition up
33 to the time the copy of the petition is submitted to the
34 State Superintendent of Education (including a copy of any
HB0574 Enrolled -18- LRB9003008THpk
1 notice given or published, any certificate or other proof of
2 publication, copies of any maps or written report of the
3 financial and educational conditions of the school districts
4 affected if furnished by the secretary of the regional board
5 of school trustees, copies of any amendments to the petition
6 and stipulations made, accepted or refused, a transcript of
7 any hearing or part of a hearing held, continued or adjourned
8 on the petition, and any orders entered with respect to the
9 petition or any hearing held thereon). The school boards,
10 registered voters or committee of 10 submitting the petition
11 and record of proceedings to the State Superintendent of
12 Education shall give written notice by certified mail, return
13 receipt requested to the regional board of school trustees
14 and to the secretary of that board that the petition has been
15 submitted to the State Superintendent of Education for
16 approval or denial, and shall furnish a copy of the notice so
17 given to the State Superintendent of Education. The cost of
18 assembling the record of proceedings for submission to the
19 State Superintendent of Education shall be the responsibility
20 of the school boards, registered voters or committee of 10
21 that submits the petition and record of proceedings to the
22 State Superintendent of Education. When a petition is
23 submitted to the State Superintendent of Education in
24 accordance with the provisions of this paragraph:
25 (1) The regional board of school trustees loses all
26 jurisdiction over the petition and shall have no further
27 authority to hear, approve, deny or otherwise act with
28 respect to the petition.
29 (2) All jurisdiction over the petition and the
30 right and duty to hear, approve, deny or otherwise act
31 with respect to the petition is transferred to and shall
32 be assumed and exercised by the State Superintendent of
33 Education.
34 (3) The State Superintendent of Education shall not
HB0574 Enrolled -19- LRB9003008THpk
1 be required to repeat any proceedings that were conducted
2 in accordance with the provisions of this Section prior
3 to the time jurisdiction over the petition is transferred
4 to him, but the State Superintendent of Education shall
5 be required to give and publish any notices and hold or
6 complete any hearings that were not given, held or
7 completed by the regional board of school trustees or its
8 secretary as required by this Section prior to the time
9 jurisdiction over the petition is transferred to the
10 State Superintendent of Education.
11 (4) If so directed by the State Superintendent of
12 Education, the regional superintendent of schools shall
13 submit to the State Superintendent of Education and to
14 such school boards as the State Superintendent of
15 Education shall prescribe accurate maps and a written
16 report of the financial and educational conditions of the
17 districts affected and the probable effect of the
18 proposed boundary changes.
19 (5) The State Superintendent is authorized to
20 conduct further hearings, or appoint a hearing officer to
21 conduct further hearings, on the petition even though a
22 hearing thereon was held as provided in this Section
23 prior to the time jurisdiction over the petition is
24 transferred to the State Superintendent of Education.
25 (6) The State Superintendent of Education or the
26 hearing officer shall hear evidence and approve or deny
27 the petition and shall enter an order to that effect and
28 deliver and serve the same as required in other cases to
29 be done by the regional board of school trustees and the
30 regional superintendent of schools as an ex officio
31 member of that board.
32 (m) Within 10 days after the conclusion of a joint
33 hearing required under the provisions of Section 7-2, each
34 regional board of school trustees shall meet together and
HB0574 Enrolled -20- LRB9003008THpk
1 render a decision with regard to the joint hearing on the
2 petition. If the regional boards of school trustees fail to
3 enter a joint order either granting or denying the petition,
4 the regional superintendent of schools for the educational
5 service region in which the joint hearing is held shall enter
6 an order denying the petition, and within 30 days after the
7 conclusion of the joint hearing shall deliver a copy of the
8 order denying the petition to the regional boards of school
9 trustees of each region affected, to the committee of
10 petitioners, if any, to any person who has filed his
11 appearance in writing at the hearing and to any attorney who
12 appears for any person at the joint hearing. If the regional
13 boards of school trustees enter a joint order either granting
14 or denying the petition, the regional superintendent of
15 schools for the educational service region in which the joint
16 hearing is held shall, within 30 days of the conclusion of
17 the hearing, deliver a copy of the joint order to those same
18 committees and persons as are entitled to receive copies of
19 the regional superintendent's order in cases where the
20 regional boards of school trustees have failed to enter a
21 joint order.
22 (n) Within 10 days after service of a copy of the order
23 granting or denying the petition, any person so served may
24 petition for a rehearing and, upon sufficient cause being
25 shown, a rehearing may be granted. The filing of a petition
26 for rehearing shall operate as a stay of enforcement until
27 the regional board of school trustees, or regional boards of
28 school trustees in cases of a joint hearing, or State
29 Superintendent of Education in cases determined under
30 subsection (l) of this Section enter the final order on such
31 petition for rehearing.
32 (o) If a petition filed under subsection (a) of Section
33 7-1 or under Section 7-2 is required under the provisions of
34 subsection (b-5) of this Section 7-6 to request submission of
HB0574 Enrolled -21- LRB9003008THpk
1 a proposition at a regular scheduled election for the purpose
2 of voting for or against the annexation of the territory
3 described in the petition to the school district proposing to
4 annex that territory, and if the petition is granted or
5 approved by the regional board or regional boards of school
6 trustees or by the State Superintendent of Education, the
7 proposition shall be placed on the ballot at the next regular
8 scheduled election.
9 (Source: P.A. 87-210; 87-1215; 87-1270; 88-45.)
10 (105 ILCS 5/7-7.5 new)
11 Sec. 7-7.5. Holding of elections.
12 (a) Elections provided by this Article shall be
13 conducted in accordance with the general election law.
14 (b) The notice shall be in substantially the following
15 form:
16 NOTICE OF REFERENDUM FOR ANNEXATION
17 BY.....(Name of Annexing District)
18 OF ALL TERRITORY OF ..... (Name Of
19 District Or Districts All Of
20 Whose Territory Is To Be Annexed)
21 NOTICE is hereby given that on the .... day of ....,
22 19 ..., a referendum will be held in part(s) of ......
23 County (Counties) for the purpose of voting for or
24 against the proposition to annex all of the territory
25 comprising ..... (name of each such school district) of
26 ....... County, Illinois to ..... (name of annexing
27 school district) of ...... County, Illinois.
28 The territory which now comprises all of the
29 territory of ..... (name of the school district or
30 districts) of ...... County, Illinois, which territory is
31 the same as the territory which is proposed to be annexed
32 to ..... (name of annexing school district) of .......
33 County, Illinois, is described as follows: (Here describe
HB0574 Enrolled -22- LRB9003008THpk
1 such territory.)
2 The territory which now comprises ..... (name of
3 annexing school district) of ....... County, Illinois,
4 which district it is proposed shall annex the territory
5 above described in this Notice, is described as follows:
6 (Here describe such territory.)
7 The election is called and will be held pursuant to
8 an order of the regional board of school trustees (or,
9 State Superintendent of Education) dated on the .... day
10 of ...., 19 ...., which order states that the change of
11 boundaries pursuant to the annexation granted or approved
12 by the order shall be made if a majority of those voters
13 in each of the affected school districts who vote on the
14 proposition at the election vote in favor thereof.
15 Dated this ..... day of ...., 19.....
16 Regional Board of School Trustees (or State
17 Superintendent of Education)
18 By....................................
19 (105 ILCS 5/7-7.6 new)
20 Sec. 7-7.6. Ballots. The ballot shall be in
21 substantially the following form:
22 OFFICIAL BALLOT
23 -------------------------------------------------------------
24 Shall the following described territory
25 comprising all of the territory
26 of ..... (name of school district or YES
27 districts) of ...... County, Illinois
28 be annexed to and made a part of ..... --------------------
29 (name of annexing school district)
30 of ....... County, Illinois? NO
31 (Here describe such territory.)
32 -------------------------------------------------------------
HB0574 Enrolled -23- LRB9003008THpk
1 (105 ILCS 5/7-7.7 new)
2 Sec. 7-7.7. Passage requirements. The proposition for
3 the annexation of all of the territory of one or more school
4 districts to another school district shall be submitted to
5 the voters of the annexing district and the voters of each
6 district all of the territory of which is to be annexed to
7 the annexing district, and if a majority of the voters in
8 each such district who vote on the proposition vote in favor
9 of the proposition, the proposition shall be deemed to have
10 passed.
11 (105 ILCS 5/7-9) (from Ch. 122, par. 7-9)
12 Sec. 7-9. Effective date of change. In case a petition is
13 filed for the creation of or the change of boundaries of or
14 for an election to vote upon a the proposition of creating or
15 annexing territory to a any school district after August 1,
16 as provided in this Article, and the change is granted or the
17 election carries, and no appeal is taken such change shall
18 become effective after the time for appeal has run for the
19 purpose of all elections; however, the change shall not
20 affect the administration of the schools until July 1
21 following the date the petition is granted or upon which the
22 election is held and the school boards of the districts as
23 they existed prior to the change shall exercise the same
24 power and authority over such territory until such date;
25 however, new districts shall be permitted to organize and
26 elect officers within the time prescribed by the general
27 election law.
28 In the event that the granting of a petition has become
29 final, either through failure to seek Administrative Review
30 or by the final decision of a court on review, the change in
31 boundaries shall become effective forthwith. However, if the
32 granting of the petition becomes final between September 1
33 and June 30 of any year, the administration of and attendance
HB0574 Enrolled -24- LRB9003008THpk
1 at the schools shall not be affected until the following July
2 1, when the change in boundaries shall become effective for
3 all purposes. After the granting of a petition has become
4 final, the date when the change shall become effective for
5 purposes of administration and attendance may be accelerated
6 or postponed by stipulation of each of the school boards of
7 each district affected and approved by the regional board of
8 school trustees or by the board of a special charter district
9 with which the original petition is required to be filed.
10 (Source: P.A. 81-1550.)
11 (105 ILCS 5/9-11.2) (from Ch. 122, par. 9-11.2)
12 Sec. 9-11.2. For all school districts electing
13 candidates to a board of education in a manner other than at
14 large, candidates not elected at large who file nominating
15 petitions for a full term shall be grouped together by area
16 of residence as follows:
17 (1) by congressional townships, or
18 (2) according to incorporated or unincorporated areas,
19 or.
20 (3) by affected school districts, if the form of ballot
21 prescribed by Format 2a or 2b of Section 9-12 is required to
22 be used for the election.
23 For all school districts electing candidates to a board
24 of education in a manner other than at large, candidates not
25 elected at large who file nominating petitions for an
26 unexpired term shall be grouped together by area of residence
27 as follows:
28 (1) by congressional townships, or
29 (2) according to incorporated or unincorporated areas,
30 or.
31 (3) by affected school districts, if the form of ballot
32 prescribed by Format 2a or 2b of Section 9-12 is required to
33 be used for the election.
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1 Except in those instances when the ballot under Format 5
2 of Section 9-12 is required to be used, candidate groupings
3 by area of residence for full terms shall precede the
4 candidate groupings by area of residence for unexpired terms
5 on the ballot. In all instances, however, the ballot order of
6 each candidate grouping shall be determined by the order of
7 petition filing or lottery held pursuant to Section 9-11.1 in
8 the following manner:
9 The area of residence of the candidate determined to be
10 first by order of petition filing or by lottery shall be
11 listed first among the candidate groupings on the ballot.
12 All other candidates from the same area of residence will
13 follow according to order of petition filing or the lottery.
14 The area of residence of the candidate determined to be
15 second by the order of petition filing or the lottery shall
16 be listed second among the candidate groupings on the ballot.
17 All other candidates from the same area of residence will
18 follow according to the order of petition filing or the
19 lottery. The ballot order of additional candidate groupings
20 by area of residence shall be established in a like manner.
21 "Area of Residence" means congressional township,
22 incorporated and unincorporated territories, and, if the form
23 of ballot prescribed by Format 2a or 2b of Section 9-12 is
24 required to be used in electing candidates to a board of
25 education, affected school districts.
26 "Affected school district" means either of the 2 entire
27 elementary school districts that are formed into a combined
28 school district established as provided in subsection (a-5)
29 of Section 11B-7.
30 (Source: P.A. 89-579, eff. 7-30-96.)
31 (105 ILCS 5/9-12) (from Ch. 122, par. 9-12)
32 Sec. 9-12. Ballots for the election of school officers
33 shall be in one of the following forms:
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1 (FORMAT 1
2 Ballot position for candidates shall be determined by the
3 order of petition filing or lottery held pursuant to Section
4 9-11.1.
5 This format is used by Boards of School Directors.
6 School Directors are elected at large.)
7 OFFICIAL BALLOT
8 FOR MEMBERS OF THE BOARD OF SCHOOL
9 DIRECTORS TO SERVE A FULL 4-YEAR TERM
10 VOTE FOR ....
11 ( ) ........................................
12 ( ) ........................................
13 ( ) ........................................
14 FOR MEMBERS OF THE BOARD OF SCHOOL
15 DIRECTORS TO SERVE AN UNEXPIRED 2-YEAR TERM
16 VOTE FOR ....
17 ( ) .......................................
18 ( ) .......................................
19 ( ) .......................................
20 (FORMAT 2
21 Ballot position for candidates shall be determined by the
22 order of petition filing or lottery held pursuant to Section
23 9-11.1.
24 This format is used when school board members are elected
25 at large. Membership on the school board is not restricted
26 by area of residence.
27 Types of school districts generally using this format
28 are:
29 Common school districts;
30 Community unit and community consolidated school
31 districts formed on or after January 1, 1975;
32 Community unit school districts formed prior to January
33 1, 1975 that elect board members at large and without
34 restriction by area of residence within the district under
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1 subsection (c) of Section 11A-8;
2 Community unit, community consolidated and combined
3 school districts in which more than 90% of the population is
4 in one congressional township;
5 High school districts in which less than 15% of the
6 taxable property is located in unincorporated territory; and
7 unit districts (OLD TYPE);
8 Combined school districts formed on or after July 1,
9 1983;.)
10 Combined school districts formed before July 1, 1983 and
11 community consolidated school districts that elect board
12 members at large and without restriction by area of residence
13 within the district under subsection (c) of Section 11B-7.)
14 OFFICIAL BALLOT
15 FOR MEMBERS OF THE BOARD OF
16 EDUCATION TO SERVE A FULL 4-YEAR TERM
17 VOTE FOR ....
18 ( ) .......................................
19 ( ) .......................................
20 ( ) .......................................
21 FOR MEMBERS OF THE BOARD OF
22 EDUCATION TO SERVE AN UNEXPIRED 2-YEAR TERM
23 VOTE FOR ....
24 ( ) .......................................
25 ( ) .......................................
26 ( ) .......................................
27 (FORMATS 2a and 2b
28 Ballot position for at large candidates shall be
29 determined by the order of petition filing or lottery held
30 pursuant to Section 9-11.1 and ballot position for candidates
31 grouped by "affected school district", as that term is
32 defined in Section 9-11.2, shall be determined by order of
33 petition filing or lottery held pursuant to Sections 9-11.1
34 and 9-11.2.
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1 Format 2a is used only in electing, to unstaggered terms
2 expiring on the date of the regular school election held in
3 calendar year 2001, the initial 7 members of the board of
4 education of a combined school district that is established
5 as provided in subsection (a-5) of Section 11B-7, and Format
6 2b is used only in electing, when required under Section
7 10-10, a successor to serve the remainder of the unstaggered,
8 unexpired term of any such initial board member in whose
9 office a vacancy has occurred.)
10 Format 2a:
11 OFFICIAL BALLOT
12 FOR MEMBERS OF THE BOARD OF EDUCATION
13 TO SERVE A FULL TERM EXPIRING ON
14 (Insert date of regular school election in 2001)
15 Instructions to voter: One member of the board of
16 education is to be elected at large from within the territory
17 included within the boundaries of (insert name of the
18 combined school district as proposed or formed), 3 members
19 are to be elected from the territory included within the
20 boundaries of (former) Elementary School District No......,
21 and 3 members are to be elected from the territory included
22 within the boundaries of (former) Elementary School District
23 No.......
24 FOR THE MEMBER
25 OF THE BOARD OF EDUCATION
26 TO BE ELECTED AT LARGE
27 VOTE FOR ONE
28 ( ) .......................................
29 ( ) .......................................
30 FOR MEMBERS OF
31 THE BOARD OF EDUCATION
32 TO BE ELECTED FROM
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1 (FORMER) ELEMENTARY SCHOOL DISTRICT NO. ....
2 VOTE FOR THREE
3 ( ) .......................................
4 ( ) .......................................
5 ( ) .......................................
6 ( ) .......................................
7 FOR MEMBERS OF
8 THE BOARD OF EDUCATION
9 TO BE ELECTED FROM
10 (FORMER) ELEMENTARY SCHOOL DISTRICT NO. ....
11 VOTE FOR THREE
12 ( ) .......................................
13 ( ) .......................................
14 ( ) .......................................
15 ( ) .......................................
16 Format 2b:
17 OFFICIAL BALLOT
18 FOR A MEMBER OF THE BOARD OF EDUCATION
19 TO BE ELECTED AT LARGE
20 TO SERVE AN UNEXPIRED TERM ENDING ON
21 (Insert date of regular school election in 2001)
22 VOTE FOR ONE
23 ( ) .......................................
24 ( ) .......................................
25 FOR MEMBERS (A MEMBER)
26 OF THE BOARD OF EDUCATION
27 TO BE ELECTED FROM
28 FORMER ELEMENTARY SCHOOL DISTRICT NO. ....
29 TO SERVE AN UNEXPIRED TERM ENDING ON
30 (Insert date of regular school election in 2001)
31 VOTE FOR ....
HB0574 Enrolled -30- LRB9003008THpk
1 ( ) .......................................
2 ( ) .......................................
3 FOR MEMBERS (A MEMBER)
4 OF THE BOARD OF EDUCATION
5 TO BE ELECTED FROM
6 FORMER ELEMENTARY SCHOOL DISTRICT NO. ....
7 TO SERVE AN UNEXPIRED TERM ENDING ON
8 (Insert date of regular school election in 2001)
9 VOTE FOR ....
10 ( ) .......................................
11 ( ) .......................................
12 (FORMAT 3
13 Ballot position for incorporated and unincorporated areas
14 shall be determined by the order of petition filing or
15 lottery held pursuant to Sections 9-11.1 and 9-11.2.
16 This format is used by community unit, community
17 consolidated and combined school districts when the territory
18 is less than 2 congressional townships, or 72 square miles,
19 but consists of more than one congressional township, or 36
20 square miles, outside of the corporate limits of any city,
21 ( ) ............................ village or incorporated
22 town within the school district. The School Code requires
23 that not more than 5 board members shall be selected from any
24 city, village or incorporated town in the school district.
25 At least two board members must reside in the unincorporated
26 area of the school district.
27 Except for those community unit school districts formed
28 before January 1, 1975 that elect board members at large and
29 without restriction by area of residence within the district
30 under subsection (c) of Section 11A-8 and except for combined
31 school districts formed before July 1, 1983 and community
32 consolidated school districts that elect board members at
33 large and without restriction by area of residence within the
HB0574 Enrolled -31- LRB9003008THpk
1 district under subsection (c) of Section 11B-7, this format
2 applies to community unit and community consolidated school
3 districts formed prior to January 1, 1975 and combined school
4 districts formed prior to July 1, 1983.)
5 OFFICIAL BALLOT
6 Instructions to voter: The board of education shall be
7 composed of members from both the incorporated and the
8 unincorporated area; not more than 5 board members shall be
9 selected from any city, village or incorporated town.
10 On the basis of existing board membership, not more than
11 .... may be elected from the incorporated areas.
12 FOR MEMBERS OF THE BOARD OF EDUCATION
13 TO SERVE A FULL 4-YEAR TERM
14 VOTE FOR ....
15 ................... Area
16 ( ) ...........................
17 ( ) ...........................
18 ................... Area
19 ( ) ...........................
20 ( ) ...........................
21 FOR MEMBERS OF THE BOARD OF EDUCATION
22 TO SERVE AN UNEXPIRED 2-YEAR TERM
23 VOTE FOR ....
24 ................... Area
25 ( ) ...........................
26 ( ) ...........................
27 ................... Area
28 ( ) ...........................
29 ( ) ...........................
30 (FORMAT 4
31 Ballot position for township areas shall be determined by
32 the order of petition filing or lottery held pursuant to
33 Sections 9-11.1 and 9-11.2.
34 Except for those community unit school districts formed
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1 prior to January 1, 1975 that elect board members at large
2 and without restriction by area of residence within the
3 district under subsection (c) of Section 11A-8 and except for
4 those combined school districts formed before July 1, 1983
5 and community consolidated school districts that elect board
6 members at large and without restriction by area of residence
7 within the district under subsection (c) of Section 11B-7,
8 this format applies to community unit and community
9 consolidated school districts formed prior to January 1, 1975
10 and combined school districts formed prior to July 1, 1983
11 when the territory of the school district is greater than 2
12 congressional townships, or 72 square miles. This format
13 applies only when less than 75% of the population is in one
14 congressional township. Congressional townships of less than
15 100 inhabitants shall not be considered for the purpose of
16 such mandatory board representation. In this case, not more
17 than 3 board members may be selected from any one
18 congressional township.)
19 OFFICIAL BALLOT
20 Instructions to voter: Membership on the board of
21 education is restricted to a maximum of 3 members from any
22 congressional township. On the basis of existing board
23 membership, members may be elected in the following numbers
24 from each congressional township.
25 Not more than .... may be elected from Township ....
26 Range ....
27 Not more than .... may be elected from Township ....
28 Range ....
29 Not more than .... may be elected from Township ....
30 Range ....
31 (Include each remaining congressional township in
32 district as needed)
33 FOR MEMBERS OF THE BOARD OF
34 EDUCATION TO SERVE A FULL 4-YEAR TERM
HB0574 Enrolled -33- LRB9003008THpk
1 VOTE FOR ....
2 Township .............. Range ................
3 ( ) ............................
4 ( ) ............................
5 Township .............. Range ................
6 ( ) ............................
7 ( ) ............................
8 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
9 AN UNEXPIRED 2-YEAR TERM
10 VOTE FOR ....
11 Township .............. Range ................
12 ( ) ............................
13 ( ) ............................
14 Township .............. Range ................
15 ( ) ............................
16 ( ) ............................
17 (FORMAT 5
18 Ballot position for township areas shall be determined by
19 the order of petition filing or lottery held pursuant to
20 Sections 9-11.1 and 9-11.2.
21 Except for those community unit school districts formed
22 before January 1, 1975 that elect board members at large and
23 without restriction by area of residence within the district
24 under subsection (c) of Section 11A-8 and except for those
25 combined school districts formed before July 1, 1983 and
26 community consolidated school districts that elect board
27 members at large and without restriction by area of residence
28 within the district under subsection (c) of Section 11B-7,
29 this format is used by community unit and community
30 consolidated school districts formed prior to January 1,
31 1975, and combined school districts formed prior to July 1,
32 1983, when the territory of the school district is greater
33 than 2 congressional townships, or 72 square miles and when
34 at least 75%, but not more than 90%, of the population
HB0574 Enrolled -34- LRB9003008THpk
1 resides in one congressional township. In this case, 4
2 school board members shall be selected from that one
3 congressional township and the 3 remaining board members
4 shall be selected from the rest of the district. If a school
5 district from which school board members are to be selected
6 is located in a county under township organization and if the
7 surveyed boundaries of a congressional township from which
8 one or more of those school board members is to be selected,
9 as described by township number and range, are coterminous
10 with the boundaries of the township as identified by the
11 township name assigned to it as a political subdivision of
12 the State, then that township may be referred to on the
13 ballot by both its township name and by township number and
14 range.)
15 OFFICIAL BALLOT
16 Instructions to voter: Membership on the board of
17 education is to consist of 4 members from the congressional
18 township that has at least 75% but not more than 90% of the
19 population, and 3 board members from the remaining
20 congressional townships in the school district. On the basis
21 of existing board membership, members may be elected in the
22 following numbers from each congressional township.
23 FOR MEMBER OF THE BOARD OF EDUCATION
24 TO SERVE AN UNEXPIRED 2-YEAR TERM
25 FROM (name)........ TOWNSHIP ..... RANGE .....
26 VOTE FOR ONE
27 ( )..........................
28 ( )..........................
29 FOR MEMBERS OF THE BOARD OF EDUCATION
30 TO SERVE A FULL 4-YEAR TERM;
31 VOTE FOR ....
32 ..... shall be elected from (name)...... Township .....
33 Range .....; ...... board members shall be elected from the
34 remaining congressional townships.
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1 (name)....... TOWNSHIP ..... RANGE .....
2 ( ) ............................
3 ( ) ............................
4 The Remaining Congressional Townships
5 ( ) ............................
6 ( ) ............................
7 (FORMAT 6
8 Ballot position for candidates shall be determined by the
9 order of petition filing or lottery held pursuant to Section
10 9-11.1.
11 This format is used by school districts in which voters
12 have approved a referendum to elect school board members by
13 school board district. The school district is then divided
14 into 7 school board districts, each of which elects one
15 member to the board of education.)
16 OFFICIAL BALLOT
17 DISTRICT ....... (1 through 7)
18 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
19 A FULL 4-YEAR TERM
20 VOTE FOR ONE
21 ( ) .....................................
22 ( ) .....................................
23 ( ) .....................................
24 (-OR-)
25 OFFICIAL BALLOT
26 DISTRICT ....... (1 through 7)
27 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
28 AN UNEXPIRED 2-YEAR TERM
29 VOTE FOR ONE
30 ( ) .....................................
31 ( ) .....................................
32 ( ) .....................................
33 REVERSE SIDE:
34 OFFICIAL BALLOT
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1 DISTRICT ....... (1 through 7)
2 (Precinct name or number)
3 School District No. ......, ........... County, Illinois
4 Election Tuesday ..................., 19......
5 (facsimile signature of Election Authority)
6 (County)
7 (FORMAT 7
8 Ballot position for incorporated and unincorporated areas
9 shall be determined by the order of petition filing or
10 lottery held pursuant to Sections 9-11.1 and 9-11.2.
11 This format is used by high school districts if more than
12 15% but less than 30% of the taxable property is located in
13 the unincorporated territory of the school district. In this
14 case, at least one board member shall be a resident of the
15 unincorporated territory.)
16 OFFICIAL BALLOT
17 Instructions to voter: More than 15% but less than 30% of
18 the taxable property of this high school district is located
19 in the unincorporated territory of the district, therefore,
20 at least one board member shall be a resident of the
21 unincorporated areas.
22 On the basis of existing board membership, at least one
23 member shall be elected from the unincorporated area.
24 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
25 A FULL 4-YEAR TERM
26 VOTE FOR ....
27 ................... Area
28 ( ) ...........................
29 ( ) ...........................
30 ................... Area
31 ( ) ...........................
32 ( ) ...........................
33 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
34 AN UNEXPIRED 2-YEAR TERM
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1 VOTE FOR ....
2 ................... Area
3 ( ) ...........................
4 ( ) ...........................
5 ................... Area
6 ( ) ...........................
7 ( ) ...........................
8 (FORMAT 7a
9 Ballot position for candidates shall be determined by the
10 order of petition filing or lottery held pursuant to Sections
11 9-11.1 and 9-11.2.
12 This format is used by high school districts if more than
13 15% but less than 30% of the taxable property is located in
14 the unincorporated territory of the school district and on
15 the basis of existing board membership no board member is
16 required to be elected from the unincorporated area.)
17 OFFICIAL BALLOT
18 Instruction to voter: More than 15% but less than 30% of
19 the taxable property of this high school district is located
20 in the unincorporated territory of the district, therefore,
21 at least one board member shall be a resident of the
22 unincorporated areas.
23 On the basis of existing board membership, members may be
24 elected from any area or areas.
25 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
26 A FULL 4-YEAR TERM
27 VOTE FOR ....
28 ( ) ........................................
29 ( ) ........................................
30 ( ) ........................................
31 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
32 AN UNEXPIRED 2-YEAR TERM
33 VOTE FOR ....
34 ( ) ........................................
HB0574 Enrolled -38- LRB9003008THpk
1 ( ) ........................................
2 ( ) ........................................
3 (FORMAT 8
4 Ballot position for incorporated and unincorporated areas
5 shall be determined by the order of petition filing or
6 lottery held pursuant to Sections 9-11.1 and 9-11.2.
7 This format is used by high school districts if more than
8 30% of the taxable property is located in the unincorporated
9 territory of the school district. In this case, at least two
10 board members shall be residents of the unincorporated
11 territory.)
12 OFFICIAL BALLOT
13 Instructions to voters: Thirty percent (30%) or more of
14 the taxable property of this high school district is located
15 in the unincorporated territory of the district, therefore,
16 at least two board members shall be residents of the
17 unincorporated territory.
18 On the basis of existing board membership at least 2
19 members shall be elected from the unincorporated area.
20 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
21 A FULL 4-YEAR TERM
22 VOTE FOR ....
23 ................... Area
24 ( ) ...........................
25 ( ) ...........................
26 ................... Area
27 ( ) ...........................
28 ( ) ...........................
29 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
30 AN UNEXPIRED 2-YEAR TERM
31 VOTE FOR ....
32 ................... Area
33 ( ) ...........................
34 ( ) ...........................
HB0574 Enrolled -39- LRB9003008THpk
1 ................... Area
2 ( ) ...........................
3 ( ) ...........................
4 (FORMAT 8a
5 Ballot position for incorporated and unincorporated areas
6 shall be determined by the order of petition filing or
7 lottery held pursuant to Sections 9-11.1 and 9-11.2.
8 This format is used by high school districts if more than
9 30% of the taxable property is located in the unincorporated
10 territory of the school district. In this case, at least two
11 board members shall be residents of the unincorporated
12 territory.)
13 OFFICIAL BALLOT
14 Instructions to voters: Thirty percent (30%) or more of
15 the taxable property of this high school district is located
16 in the unincorporated territory of the district, therefore,
17 at least two board members shall be residents of the
18 unincorporated territory.
19 On the basis of existing board membership at least one
20 member shall be elected from the unincorporated area.
21 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
22 A FULL 4-YEAR TERM
23 VOTE FOR ....
24 ................... Area
25 ( ) ...........................
26 ( ) ...........................
27 ................... Area
28 ( ) ...........................
29 ( ) ...........................
30 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
31 AN UNEXPIRED 2-YEAR TERM
32 VOTE FOR ....
33 ................... Area
34 ( ) ...........................
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1 ( ) ...........................
2 ................... Area
3 ( ) ...........................
4 ( ) ...........................
5 (FORMAT 8b
6 Ballot position for incorporated and unincorporated areas
7 shall be determined by the order of petition filing or
8 lottery held pursuant to Sections 9-11.1 and 9-11.2.
9 This format is used by high school districts if more than
10 30% of the taxable property is located in the unincorporated
11 territory of the school district. In this case, at least two
12 board members shall be residents of the unincorporated
13 territory.)
14 OFFICIAL BALLOT
15 Instructions to voters: Thirty percent (30%) or more of
16 the taxable property of this high school district is located
17 in the unincorporated territory of the district, therefore,
18 at least two board members shall be residents of the
19 unincorporated territory.
20 On the basis of existing board membership, members may be
21 elected from any area or areas.
22 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
23 A FULL 4-YEAR TERM
24 VOTE FOR ....
25 ( ) ...........................
26 ( ) ...........................
27 ( ) ...........................
28 ( ) ...........................
29 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
30 AN UNEXPIRED 2-YEAR TERM
31 VOTE FOR ....
32 ( ) ...........................
33 ( ) ...........................
34 ( ) ...........................
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1 ( ) ...........................
2 (Source: P.A. 89-129, eff. 7-14-95; 89-416, eff. 11-22-95;
3 89-579, eff. 7-30-96; revised 10-24-96.)
4 (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
5 Sec. 10-10. Board of education - Term - Vacancy. All
6 school districts having a population of not fewer than 1,000
7 and not more than 500,000 inhabitants, as ascertained by any
8 special or general census, and not governed by special Acts,
9 shall be governed by a board of education consisting of 7
10 members, serving without compensation except as herein
11 provided. Each member shall be elected for a term of 4 years
12 except as otherwise provided in subsection (a-5) of Section
13 11B-7 for the initial members of the board of education of a
14 combined school district to which that subsection applies. If
15 5 members are elected in 1983 pursuant to the extension of
16 terms provided by law for transition to the consolidated
17 election schedule under the general election law, 2 of those
18 members shall be elected to serve terms of 2 years and 3
19 shall be elected to serve terms of 4 years; their successors
20 shall serve for a 4 year term. When the voters of a district
21 have voted to elect members of the board of education for 6
22 year terms, as provided in Section 9-5, the terms of office
23 of members of the board of education of that district expire
24 when their successors assume office but not later than 7 days
25 after such election. If at the regular school election held
26 in the first odd-numbered year after the determination to
27 elect members for 6 year terms 2 members are elected, they
28 shall serve for a 6 year term; and of the members elected at
29 the next regular school election 3 shall serve for a term of
30 6 years and 2 shall serve a term of 2 years. Thereafter
31 members elected in such districts shall be elected to a 6
32 year term. If at the regular school election held in the
33 first odd-numbered year after the determination to elect
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1 members for 6 year terms 3 members are elected, they shall
2 serve for a 6 year term; and of the members elected at the
3 next regular school election 2 shall serve for a term of 2
4 years and 2 shall serve for a term of 6 years. Thereafter
5 members elected in such districts shall be elected to a 6
6 year term. If at the regular school election held in the
7 first odd-numbered year after the determination to elect
8 members for 6 year terms 4 members are elected, 3 shall serve
9 for a term of 6 years and one shall serve for a term of 2
10 years; and of the members elected at the next regular school
11 election 2 shall serve for terms of 6 years and 2 shall serve
12 for terms of 2 years. Thereafter members elected in such
13 districts shall be elected to a 6 year term. If at the
14 regular school election held in the first odd-numbered year
15 after the determination to elect members for a 6 year term 5
16 members are elected, 3 shall serve for a term of 6 years and
17 2 shall serve for a term of 2 years; and of the members
18 elected at the next regular school election 2 shall serve for
19 terms of 6 years and 2 shall serve for terms of 2 years.
20 Thereafter members elected in such districts shall be elected
21 to a 6 year term. An Election for board members shall not be
22 held in school districts which by consolidation, annexation
23 or otherwise shall cease to exist as a school district within
24 six months after the election date, and the term of all board
25 members which would otherwise terminate shall be continued
26 until such district shall cease to exist. Each member shall,
27 on the date of his election, be a citizen of the United
28 States of the age of 18 years or over, a resident of the
29 state and the territory of the district for at least one year
30 immediately preceding his election, a registered voter as
31 provided in the general election law, and shall not be a
32 school trustee or a school treasurer. When the board of
33 education is the successor of the school directors, all
34 rights of property, and all rights regarding causes of action
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1 existing or vested in such directors, shall vest in it as
2 fully as they were vested in the school directors.
3 Nomination papers filed under this Section are not valid
4 unless the candidate named therein files with the secretary
5 of the board of education or with a person designated by the
6 board to receive nominating petitions a receipt from the
7 county clerk showing that the candidate has filed a statement
8 of economic interests as required by the Illinois
9 Governmental Ethics Act. Such receipt shall be so filed
10 either previously during the calendar year in which his
11 nomination papers were filed or within the period for the
12 filing of nomination papers in accordance with the general
13 election law.
14 Whenever a vacancy occurs, the remaining members shall
15 notify the regional superintendent of that vacancy within 5
16 days after its occurrence and shall proceed to fill the
17 vacancy until the next regular school election, at which
18 election a successor shall be elected to serve the remainder
19 of the unexpired term. However, if the vacancy occurs with
20 less than 868 days remaining in the term, or if the vacancy
21 occurs less than 88 days before the next regularly scheduled
22 election for this office then the person so appointed shall
23 serve the remainder of the unexpired term, and no election to
24 fill the vacancy shall be held. Should they fail so to act,
25 within 45 days after the vacancy occurs, the regional
26 superintendent of schools under whose supervision and control
27 the district is operating, as defined in Section 3-14.2 of
28 this Act, shall within 30 days after the remaining members
29 have failed to fill the vacancy, fill the vacancy as provided
30 for herein. Upon the regional superintendent's failure to
31 fill the vacancy, the vacancy shall be filled at the next
32 regularly scheduled election. Whether elected or appointed
33 by the remaining members or regional superintendent, the
34 successor shall be an inhabitant of the particular area from
HB0574 Enrolled -44- LRB9003008THpk
1 which his or her predecessor was elected if the residential
2 requirements contained in Section 11A-8, 11B-7, or 12-2 of
3 this Act apply.
4 (Source: P.A. 89-129, eff. 7-14-95; 89-579, eff. 7-30-96.)
5 (105 ILCS 5/10-16) (from Ch. 122, par. 10-16)
6 Sec. 10-16. Organization of Board. Within 7 days after
7 the election the board shall organize by electing its
8 officers and fixing a time and place for the regular
9 meetings. It shall then enter upon the discharge of its
10 duties.
11 The regional superintendent of schools having supervision
12 and control over the district as provided in Section 3-14.2
13 of this Act shall convene the newly elected board within 7
14 days after the election of the board of education of any new
15 district governed by this Act, whereupon the board shall
16 proceed to organize by electing 1 of their number as
17 president and electing a secretary, who may or may not be a
18 member. At such meeting the length of term of each of the
19 members shall be determined by lot so that 4 shall serve for
20 4 years, and 3 for 2 years from the commencement of their
21 terms; provided, however, if such members were not elected at
22 the nonpartisan election in an odd-numbered year, such
23 initial terms shall be extended to the nonpartisan election
24 for school board members immediately following the expiration
25 of the initial 4 or 2 year terms. The provisions of this
26 paragraph that relate to the determination of terms by lot
27 shall not apply to the initial members of the board of
28 education of a combined school district who are to be elected
29 to unstaggered terms as provided in subsection (a-5) of
30 Section 11B-7. The terms of the officers shall be for 2 years
31 except that the board by resolution may establish a policy
32 for the terms of office to be one year, and provide for the
33 election of officers.
HB0574 Enrolled -45- LRB9003008THpk
1 Special meetings of the board of education may be called
2 by the president or by any 3 members of the board by giving
3 notice thereof in writing, stating the time, place and
4 purpose of the meeting. Such notice may be served by mail 48
5 hours before such meeting or by personal service 24 hours
6 before such meeting. Public notice of meetings must also be
7 given as prescribed in Sections 2.02 and 2.03 of the Open
8 Meetings Act, as now or hereafter amended.
9 At each regular and special meeting which is open to the
10 public, members of the public and employees of the district
11 shall be afforded time, subject to reasonable constraints, to
12 comment to or ask questions of the board.
13 The president or district superintendent shall, at each
14 regular board meeting, report any requests made of the
15 district under provisions of The Freedom of Information Act
16 and shall report the status of the district's response.
17 (Source: P.A. 87-10.)
18 (105 ILCS 5/11B-7) (from Ch. 122, par. 11B-7)
19 Sec. 11B-7. Passage requirements.
20 (a) Except as otherwise provided in subsection (a-5) of
21 this Section, if a majority of the electors voting at such
22 election held within the territory of the proposed combined
23 school district vote in favor of the establishment of such
24 combined school district, the proposition shall be deemed to
25 have passed. Unless the board of education of a new combined
26 school district is elected at the same election at which the
27 proposition establishing that district is deemed to have
28 passed, the regional superintendent of schools shall order an
29 election to be held on the next regularly scheduled election
30 date for the purpose of electing a board of education for
31 that district. In either event, the board of education
32 elected for a new combined school district created under this
33 Article shall consist of 7 members who shall have the terms
HB0574 Enrolled -46- LRB9003008THpk
1 and the powers and duties of school boards as defined in
2 Article 10 of this Act, except that the initial members of
3 the board of education of a new combined school district to
4 which the provisions of subsection (a-5) apply shall be
5 elected to serve terms as provided in subsection (a-5) of
6 this Section. Nomination papers filed under this Section are
7 not valid unless the candidate named therein files with the
8 regional superintendent a receipt from the county clerk
9 showing that the candidate has filed a statement of economic
10 interest as required by the Illinois Governmental Ethics Act.
11 Such statement shall be so filed either previously during the
12 calendar year in which his nomination papers were filed or
13 within the period for the filing of nomination papers in
14 accordance with the general election law. The regional
15 superintendent shall perform the election duties assigned by
16 law to the secretary of a school board for such election, and
17 shall certify the officers and candidates therefor pursuant
18 to the general election law.
19 (a-5) If a petition is filed under this Article to form
20 a combined school district from 2 contiguous, entire
21 elementary school districts (both of which districts are
22 located in a county with a population in excess of 175,000,
23 one of which districts has an enrollment for the 1996-1997
24 school year of not less than 70 nor more than 75 pupils and
25 not less than 340 nor more than 350 registered voters on the
26 effective date of this amendatory Act of 1997, and the other
27 of which districts has an enrollment for the 1996-1997 school
28 year of not less than 275 nor more than 280 pupils and not
29 less than 1600 nor more than 1610 registered voters on the
30 effective date of this amendatory Act of 1997), and if the
31 proposition to establish that combined school district is
32 submitted to the voters at the nonpartisan election in
33 November of 1997 or at any regular scheduled election during
34 calendar year 1998, then the proposition shall be deemed to
HB0574 Enrolled -47- LRB9003008THpk
1 have passed if and only if a majority of the voters in each
2 of the 2 affected elementary school districts voting at the
3 election vote in favor of the establishment of the combined
4 school district. At the election at which the initial
5 members of the board of education of the new combined school
6 district are elected (whether they are elected at the same
7 election at which the proposition establishing the combined
8 school district is deemed to have passed or at the next
9 regularly scheduled election), one shall be elected at large
10 from within the territory that is to comprise the combined
11 school district, 3 shall be elected by area of residence
12 within the territory that, until the combined school district
13 is established, comprises one of the affected elementary
14 school districts that forms part of the combined school
15 district, and 3 shall be elected by area of residence within
16 the territory that, until the combined school district is
17 established, comprises the other affected elementary school
18 district that forms the remainder of the combined school
19 district. All 7 of the initial board members shall serve for
20 unstaggered terms that expire when their successors are
21 elected and have organized in accordance with Section 10-16.
22 The immediate successors in office of the initial board
23 members of the combined school district shall be elected at
24 the regular school election held in calendar year 2001.
25 Those immediate successors and their successors in office
26 shall be elected at large from within the combined school
27 district and without restriction by area of residence for a
28 term of 4 years; provided that the terms of the board members
29 elected at the regular school election held in calendar year
30 2001 shall be staggered and determined in accordance with the
31 provisions of Section 10-16.
32 (b) Except as otherwise provided in subsection (c), for
33 school districts formed before July 1, 1983, if the territory
34 of such district is greater than 2 congressional townships or
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1 72 square miles, then not more than 3 board members may be
2 selected from any one congressional township, but
3 congressional townships of less than 100 inhabitants shall
4 not be considered for the purpose of such mandatory board
5 representation, and in any such combined school district
6 where at least 75% but not more than 90% of the population is
7 in one congressional township 4 board members shall be
8 selected therefrom and 3 board members shall be selected from
9 the rest of the district, but in any such combined school
10 district where more than 90% of the population is in one
11 congressional township all board members may be selected from
12 one or more congressional townships; and whenever the
13 territory of any combined school district shall consist of
14 not more than 2 congressional townships or 72 square miles,
15 but shall consist of more than one congressional township, or
16 36 square miles, outside of the corporate limits of any city,
17 village or incorporated town within the school district, not
18 more than 5 board members shall be selected from any city,
19 village or incorporated town in such school district.
20 (c) The provisions of subsection (b) for mandatory board
21 representation shall no longer apply to a combined school
22 district formed before July 1, 1983 or to community
23 consolidated school districts, and the members of the board
24 of education shall be elected at large from within the school
25 district and without restriction by area of residence within
26 the district if both of the following conditions are met with
27 respect to that district:
28 (1) A proposition for the election of board members
29 at large and without restriction by area of residence
30 within the district rather than in accordance with the
31 provisions of subsection (b) for mandatory board
32 representation is submitted to the school district's
33 voters at a regular school election or at the general
34 election as provided in this subsection (c).
HB0574 Enrolled -49- LRB9003008THpk
1 (2) A majority of those voting at the election in
2 each congressional township comprising the territory of
3 the school district, including any congressional township
4 of less than 100 inhabitants, vote in favor of the
5 proposition.
6 The board of education of the school district may by
7 resolution order submitted or, upon the petition of the
8 lesser of 2,500 or 5% of the school district's registered
9 voters, shall order submitted to the school district's voters
10 at a regular school election or at the general election the
11 proposition for the election of board members at large and
12 without restriction by area of residence within the district
13 rather than in accordance with the provisions of subsection
14 (b) for mandatory board representation; and the proposition
15 shall thereupon be certified by the board's secretary for
16 submission. If a majority of those voting at the election in
17 each congressional township comprising the territory of the
18 school district, including any congressional township of less
19 than 100 inhabitants, vote in favor of the proposition: (i)
20 the proposition to elect board members at large and without
21 restriction by area of residence within the district shall be
22 deemed to have passed, (ii) new members of the board shall be
23 elected at large and without restriction by area of residence
24 within the district at the next regular school election, and
25 (iii) the terms of office of the board members incumbent at
26 the time the proposition is adopted shall expire when the new
27 board members that are elected at large and without
28 restriction by area of residence within the district have
29 organized in accordance with Section 10-16. In a combined
30 school district or a community consolidated school district
31 that formerly elected its members under subsection (b) to
32 successive terms not exceeding 4 years, the members elected
33 at large and without restriction by area of residence within
34 the district shall be elected for a term of 4 years, and in a
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1 combined school district that formerly elected its members
2 under subsection (b) to successive terms not exceeding 6
3 years, the members elected at large and without restriction
4 by area of residence within the district shall be elected for
5 a term of 6 years; provided, that in each case the terms of
6 the board members initially elected at large and without
7 restriction by area of residence within the district as
8 provided in this subsection shall be staggered and determined
9 in accordance with the provisions of Sections 10-10 and
10 10-16.
11 (Source: P.A. 89-129, eff. 7-14-95; 89-416, eff. 11-22-95.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming a law.