[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
| [ Senate Amendment 002 ] | [ Senate Amendment 003 ] | [ Senate Amendment 004 ] |
| [ Senate Amendment 005 ] |
90_HB1005
105 ILCS 5/7-04 from Ch. 122, par. 7-04
105 ILCS 5/7-1 from Ch. 122, par. 7-1
105 ILCS 5/7-1.5 new
105 ILCS 5/7-4 from Ch. 122, par. 7-4
105 ILCS 5/7-4.1 from Ch. 122, par. 7-4.1
105 ILCS 5/7-6 from Ch. 122, par. 7-6
Amends the provisions of the School Code relating to
changes in school district boundaries. Authorizes
proceedings under which a portion of the territory of an
elementary school district and the identical portion of the
territory of a high school district, both of which districts
are located entirely in an educational service region having
a population of 2,000,000 or more, must be detached from
those districts and annexed to, respectively, a contiguous
elementary school district and high school district that are
located in a contiguous educational service region and, in
whole or in part, within the same village. Requires as a
condition of the change in boundaries that the equalized
assessed valuation of the taxable property in the territory
to be annexed be less than 10% of the equalized assessed
value of all taxable property in each district from which the
territory is to be disconnected. Effective immediately.
LRB9004521THpk
LRB9004521THpk
1 AN ACT relating to changes in school district boundaries.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing
5 Sections 7-04, 7-1, 7-4, 7-4.1, and 7-6 and adding Section
6 7-1.5 as follows:
7 (105 ILCS 5/7-04) (from Ch. 122, par. 7-04)
8 Sec. 7-04. Districts in educational service regions of
9 2,000,000 or more inhabitants.
10 (a) In all proceedings under this Article to change by
11 detachment, annexation, division, dissolution, or any
12 combination of those methods the boundaries of any school
13 district (other than a school district organized under
14 Article 34) located in an educational service region of
15 2,000,000 or more inhabitants in which the regional board of
16 school trustees is abolished as provided in subsection (a) of
17 Section 6-2, the trustees of schools of the township in which
18 that school district is located, as the successor under
19 subsection (b) of Section 6-2 to the former regional board of
20 school trustees with respect to all territory located in that
21 school township, shall have, exercise, and perform all
22 powers, duties, and responsibilities required under this
23 Article to be exercised and performed in those proceedings by
24 a regional board of school trustees; provided that if any
25 school district affected by those proceedings is located in a
26 school township referred to in subsection (b) of Section 5-1
27 and there are no trustees of schools acting in that township
28 then the school board of any such district, as the successor
29 under subsection (b) of Section 6-2 to the former regional
30 board of school trustees with respect to the territory
31 comprising that school district, shall have, exercise, and
-2- LRB9004521THpk
1 perform all powers, duties, and responsibilities required
2 under this Article to be exercised and performed in those
3 proceedings with respect to the territory of that school
4 district by a regional board of school trustees; and provided
5 further that: (i) when any school district affected by those
6 proceedings is located not only in an educational service
7 region of 2,000,000 or more inhabitants but also in 2 or more
8 school townships in that region that each have trustees of
9 schools of the township, then the boundaries of that school
10 district may be changed under this Article by detachment,
11 annexation, division, dissolution, or any combination of
12 those methods only by the concurrent action of, taken
13 following a joint hearing before the trustees of schools of
14 those townships (in that educational service region) in which
15 that school district is located; and (ii) if any part of the
16 school district referred to in item (i) of this subsection
17 also lies within an educational service region that has a
18 regional board of school trustees, the boundaries of that
19 district may be changed under this Article only by the
20 concurrent action of, taken following a joint hearing before
21 the trustees of schools of the townships referred to in item
22 (i) of this subsection and the regional board of school
23 trustees of the educational service region referred to in
24 this item (ii) of this subsection. However, when a school
25 district located entirely within an educational service
26 region of 2,000,000 or more inhabitants is affected by
27 proceedings under a petition that is filed pursuant to
28 Section 7-1.5 seeking to detach a portion of the territory of
29 that district and to annex the portion so detached to a
30 contiguous school district that is located in a different
31 educational service region which has a regional board of
32 school trustees, the boundaries of the school district from
33 which the territory is to be detached and the school district
34 to which that territory is to be annexed shall be changed
-3- LRB9004521THpk
1 under this Article by the concurrent action of, taken
2 following a joint hearing before, the trustees of schools of
3 the township in which is located the school district from
4 which the territory is to be detached and the regional board
5 of school trustees of the educational service region in which
6 is located the school district to which the territory to be
7 so detached is to be annexed. Whenever concurrent action and
8 joint hearings are required under this subsection, the
9 original petition shall be filed with the trustees of schools
10 of the township in which the territory or greatest portion of
11 the territory being detached is located, or if the territory
12 is being detached from more than one educational service
13 region then with the regional board of school trustees of the
14 region or the trustees of schools of the township in which
15 the territory or greatest portion of the territory being
16 detached is located.
17 (b) Except as otherwise provided in this Section and in
18 Section 7-4 relative to the inapplicability of that Section
19 to a petition filed under Section 7-1.5, all other provisions
20 of this Article shall apply to any proceedings under this
21 Article to change the boundaries of any school district
22 located in an educational service region having 2,000,000 or
23 more inhabitants, including proceedings instituted under
24 Section 7-1.5 to detach a portion of the territory of an
25 elementary or high school district located in an educational
26 service region having 2,000,000 or more inhabitants and to
27 annex the territory so detached to a contiguous elementary or
28 high school district (as the case may be) that is located in
29 a different educational service region, in the same manner
30 that those provisions apply to any proceedings to change the
31 boundaries of any school district located in any other
32 educational service region; provided, that any reference in
33 those other provisions to the regional board of school
34 trustees shall mean, with respect to all territory within an
-4- LRB9004521THpk
1 educational service region containing 2,000,000 or more
2 inhabitants that formerly was served by a regional board of
3 school trustees abolished under subsection (a) of Section
4 6-2, the trustees of schools of the township or the school
5 board of the school district that is the successor under
6 subsection (b) of Section 6-2 to the former regional board of
7 school trustees with respect to the territory included within
8 that school township or school district.
9 (Source: P.A. 87-969.)
10 (105 ILCS 5/7-1) (from Ch. 122, par. 7-1)
11 Sec. 7-1. Districts in one educational service region -
12 changing boundaries.
13 (a) Except as otherwise provided by Section 7-1.5,
14 school district boundaries lying entirely within any
15 educational service region may be changed by detachment,
16 annexation, division or dissolution or any combination
17 thereof by the regional board of school trustees of such
18 region, or by the State Superintendent of Education as
19 provided in subsection (l) of Section 7-6, when petitioned by
20 the boards of each district affected or by a majority of the
21 registered voters in each district affected or by two-thirds
22 of the registered voters in any territory proposed to be
23 detached from one or more districts or in each of one or more
24 districts proposed to be annexed to another district.
25 Registered voters shall be determined by the official voter
26 registration lists as of the date the petition is filed. No
27 signatures shall be added after the date the petition is
28 filed. If there are no registered voters within the
29 territory proposed to be detached from one or more districts,
30 then the petition may be signed by all of the owners of
31 record of the real estate of the territory.
32 Each page of the circulated petition shall include the
33 full prayer of the petition, and each signature contained
-5- LRB9004521THpk
1 therein shall match the official signature and address of the
2 registered voters as recorded in the office of the election
3 authority having jurisdiction over the county. Each
4 petitioner shall also record the date of his signing. Each
5 page of the petition shall be signed by a circulator who has
6 witnessed the signature of each petitioner on that page. The
7 length of time for signatures to be valid, before filing of
8 the petition, shall not exceed 6 months.
9 Where there is only one school building in an approved
10 operating district, the building and building site may not be
11 included in any detachment proceeding unless petitioned by
12 two-thirds of the registered voters within the entire
13 district wherein the school is located.
14 (b) Any elementary or high school district with 100 or
15 more of its students residing upon territory located entirely
16 within a military base or installation operated and
17 maintained by the government of the United States, or any
18 unit school district or any combination of the above
19 mentioned districts with 300 or more of its students residing
20 upon territory located entirely within a military base or
21 installation operated and maintained by the government of the
22 United States, shall, upon the filing with the regional board
23 of school trustees of a petition adopted by resolution of the
24 board of education or a petition signed by a majority of the
25 registered voters residing upon such military base or
26 installation, have all of the territory lying entirely within
27 such military base or installation detached from such school
28 district, and a new school district comprised of such
29 territory shall be created. The petition shall be filed with
30 and decided solely by the regional board of school trustees
31 of the region in which the regional superintendent of schools
32 has supervision of the school district affected. The
33 regional board of school trustees shall have no authority to
34 deny the detachment and creation of a new school district
-6- LRB9004521THpk
1 requested in a proper petition filed under this subsection.
2 This subsection shall apply only to those school districts
3 having a population of not fewer than 1,000 and not more than
4 500,000 residents, as ascertained by any special or general
5 census.
6 The new school district shall tuition its students to the
7 same districts that its students were previously attending
8 and the districts from which the new district was detached
9 shall continue to educate the students from the new district,
10 until the federal government provides other arrangements.
11 The federal government shall pay for the education of such
12 children as required by Section 6 of Public Law 81-874.
13 (Source: P.A. 87-210; 87-1080.)
14 (105 ILCS 5/7-1.5 new)
15 Sec. 7-1.5. Detachment and annexation to district in
16 another educational service region.
17 (a) A petition to change the boundaries of an elementary
18 school district and a petition to change the boundaries of a
19 high school district, both of which districts are located
20 entirely within the same educational service region and
21 county of 2,000,000 or more inhabitants, by detaching an
22 identical portion of the territory of each such district and
23 annexing that territory to, respectively, a contiguous
24 elementary school district and high school district, both of
25 which are located in another educational service region and
26 county and, in whole or in part, within the same village, may
27 be filed in accordance with the provisions of this Section.
28 No petition may be filed under this Section, however, unless
29 the equalized assessed valuation of the taxable property of
30 the territory to be detached from the elementary school
31 district and the high school district constitutes less than
32 10% of the equalized assessed value of all the taxable
33 property of each such district.
-7- LRB9004521THpk
1 (b) Each such petition shall be signed by the school
2 boards of each district affected, or by a majority of the
3 registered voters in each district affected, or by two-thirds
4 of the registered voters residing in that portion of the
5 territory proposed to be detached from one such district and
6 annexed to another such district. Registered voters shall be
7 determined by the official voter registration lists as of the
8 date a petition is filed, and no signatures may be added to a
9 petition after it is filed. For purposes of this Section,
10 the school district from which the territory is proposed to
11 be detached and the school district to which that territory
12 is proposed to be annexed shall each be deemed to be a
13 district affected by a petition filed under this Section.
14 (c) The original of a petition filed under this Section
15 shall be filed with the trustees of schools of the township
16 in which is located the school district from which the
17 territory is to be detached, as the successor under
18 subsection (b) of Section 6-2 of the former regional board of
19 school trustees with respect to all territory located in that
20 school township. Subject to the provisions of Section 7-6,
21 the boundaries of the school district from which the
22 territory is to be detached and the school district to which
23 that territory is to be annexed shall be changed by the
24 concurrent action of, following a joint hearing on the
25 petition filed under this Section before, the trustees of
26 schools of the township in which is located the school
27 district from which the territory is to be detached and the
28 regional board of school trustees of the educational service
29 region in which is located the school district to which the
30 territory to be so detached is to be annexed. The trustees of
31 schools and regional board of school trustees: (i) shall
32 have no authority or discretion to hear any evidence or
33 consider any issues except as necessary to determine whether
34 the limitations imposed by subsection (a) of this Section on
-8- LRB9004521THpk
1 the filing of a petition under this Section have been met;
2 and (ii) shall grant the petition by changing the boundaries
3 of the affected school districts in accordance with the
4 prayer of the petition upon determining that those
5 limitations have been met.
6 (d) Except as otherwise limited by this Section 7-1.5,
7 the provisions of Section 7-6 shall govern and apply to all
8 proceedings taken on a petition filed under this Section. A
9 certified copy of the transcript of the hearing on the
10 petition shall be furnished by the trustees of schools of the
11 township in which is located the school district from which
12 the territory is to be detached to the regional board of
13 school trustees of the educational service region in which is
14 located the school district to which that territory is to be
15 annexed. However, if the hearing is held in the educational
16 service region in which is located the school district to
17 which the territory is proposed to be annexed, the regional
18 board of school trustees for that educational service region
19 shall furnish a certified copy of the transcript of the
20 hearing on the petition to the trustees of schools of the
21 township in which is located the school district from which
22 the territory is proposed to be detached.
23 (105 ILCS 5/7-4) (from Ch. 122, par. 7-4)
24 Sec. 7-4. Requirements for granting petitions. This
25 Section does not apply to a petition filed under Section
26 7-1.5. However, no petition shall be granted under Section
27 Sections 7-1 or 7-2 of this Act:
28 (a) If there will be any non-high school territory
29 resulting from the granting of the petition.
30 (b) Unless after granting the petition any community
31 unit district, community consolidated district, elementary
32 district or high school district created shall have a
33 population of at least 2,000 and an equalized assessed
-9- LRB9004521THpk
1 valuation of at least $6,000,000 based upon the last value as
2 equalized by the Department of Revenue as of the date of
3 filing of the petition.
4 (c) Unless the territory within any district so created
5 or any district whose boundaries are affected by the granting
6 of a petition shall after the granting thereof be compact and
7 contiguous except as provided in Section 7-6 of this Act.
8 The fact that a district is divided by territory lying within
9 the corporate limits of the city of Chicago shall not render
10 it non-compact or non-contiguous.
11 (d) To create any school district with a population of
12 less than 2,000 unless the State Board of Education and the
13 regional superintendent of schools for the region in which
14 the proposed district will lie shall certify to the regional
15 board or boards of school trustees that the creation of such
16 new district will not interfere with the ultimate
17 reorganization of the territory of such proposed district as
18 a part of a district having a population of 2,000 or more.
19 (Source: P.A. 89-397, eff. 8-20-95.)
20 (105 ILCS 5/7-4.1) (from Ch. 122, par. 7-4.1)
21 Sec. 7-4.1 Copies of petition.
22 Each petition submitted under the provisions of Section
23 7-1, 7-1.5, or 7-2 shall be accompanied by sufficient copies
24 thereof for distribution to the board of each school district
25 involved. The copies need not be signed by the petitioners as
26 is required of the original petition.
27 (Source: Laws 1963, p. 3037.)
28 (105 ILCS 5/7-6) (from Ch. 122, par. 7-6)
29 Sec. 7-6. Petition filing - Notice - Hearing - Decision.
30 (a) Upon the filing of a petition with the secretary of
31 the regional board of school trustees, or the successor under
32 subsection (b) of Section 6-2 to the regional board of school
-10- LRB9004521THpk
1 trustees, under the provisions of Section 7-1, 7-1.5, or 7-2
2 of this Act, the secretary shall cause a copy of such
3 petition to be given to each board of any district involved
4 in the proposed boundary change and shall cause a notice
5 thereof to be published once in a newspaper having general
6 circulation within the area of the territory described in the
7 petition for the proposed change of boundaries.
8 (b) When a joint hearing is required under the
9 provisions of Section 7-1.5 or 7-2, the secretary also shall
10 cause a copy of the notice to be sent to the regional board
11 of school trustees of each region affected. As used in this
12 Section with respect to a petition that is filed under
13 Section 7-1.5: (i) a "region affected" means the school
14 township in an educational service region of 2,000,000 or
15 more inhabitants in which is located the school district from
16 which the territory described in the petition is proposed to
17 be detached and the contiguous educational service region
18 which has a regional board of school trustees and in which is
19 located the school district to which that identical territory
20 is proposed to be annexed; and (ii) a "regional board of
21 school trustees" means the trustees of schools of the
22 township in which is located the school district from which
23 the territory described in the petition is proposed to be
24 detached and the regional board of school trustees of the
25 educational service region in which is located the school
26 district to which that identical territory is proposed to be
27 annexed. Notwithstanding the foregoing provisions of this
28 Section, if the secretary of the regional board of school
29 trustees with whom a petition is filed under Section 7-1.5 or
30 7-2 fails, within 30 days after the filing of such petition,
31 to cause notice thereof to be published and sent as required
32 by this Section, then the secretary of the regional board of
33 school trustees of any other region affected may cause the
34 required notice to be published and sent, and the joint
-11- LRB9004521THpk
1 hearing may be held in any region affected as provided in the
2 notice so published.
3 (c) When a petition contains more than 10 signatures the
4 petition shall designate a committee of 10 of the petitioners
5 as attorney in fact for all petitioners, any 7 of whom may
6 make binding stipulations on behalf of all petitioners as to
7 any question with respect to the petition or hearing or joint
8 hearing, and the regional board of school trustees, or
9 regional boards of school trustees in cases of a joint
10 hearing may accept such stipulation in lieu of evidence or
11 proof of the matter stipulated. The committee of petitioners
12 shall have the same power to stipulate to accountings or
13 waiver thereof between school districts; however, the
14 regional board of school trustees, or regional boards of
15 school trustees in cases of a joint hearing may refuse to
16 accept such stipulation. Those designated as the committee of
17 10 shall serve in that capacity until such time as the
18 regional superintendent of schools or the committee of 10
19 determines that, because of death, resignation, transfer of
20 residency from the territory, or failure to qualify, the
21 office of a particular member of the committee of 10 is
22 vacant. Upon determination that a vacancy exists, the
23 remaining members shall appoint a petitioner to fill the
24 designated vacancy on the committee of 10. The appointment
25 of any new members by the committee of 10 shall be made by a
26 simple majority vote of the remaining designated members.
27 (d) The petition may be amended to withdraw not to
28 exceed a total of 10% of the territory in the petition at any
29 time prior to the hearing or joint hearing; provided that the
30 petition shall after amendment comply with the requirements
31 as to the number of signatures required on an original
32 petition.
33 (e) The petitioners shall pay the expenses of publishing
34 the notice and of any transcript taken at the hearing or
-12- LRB9004521THpk
1 joint hearing; and in case of an appeal from the decision of
2 the regional board of school trustees, or regional boards of
3 school trustees in cases of a joint hearing, or State
4 Superintendent of Education in cases determined under
5 subsection (l) of this Section, the appellants shall pay the
6 cost of preparing the record for appeal.
7 (f) The notice shall state when the petition was filed,
8 the description of the territory, the prayer of the petition
9 and the return day on which the hearing or joint hearing upon
10 the petition will be held which shall not be more than 15 nor
11 less than 10 days after the publication of notice.
12 (g) On such return day or on a day to which the regional
13 board of school trustees, or regional boards of school
14 trustees in cases of a joint hearing shall continue the
15 hearing or joint hearing the regional board of school
16 trustees, or regional boards of school trustees in cases of a
17 joint hearing shall hear the petition but may adjourn the
18 hearing or joint hearing from time to time or may continue
19 the matter for want of sufficient notice or other good cause.
20 (h) Prior to the hearing or joint hearing the secretary
21 of the regional board of school trustees shall submit to the
22 regional board of school trustees, or regional boards of
23 school trustees in cases of a joint hearing maps showing the
24 districts involved, a written report of financial and
25 educational conditions of districts involved and the probable
26 effect of the proposed changes. The reports and maps
27 submitted shall be made a part of the record of the
28 proceedings of the regional board of school trustees, or
29 regional boards of school trustees in cases of a joint
30 hearing. A copy of the report and maps submitted shall be
31 sent by the secretary of the regional board of school
32 trustees to each board of the districts involved, not less
33 than 5 days prior to the day upon which the hearing or joint
34 hearing is to be held.
-13- LRB9004521THpk
1 (i) Except as otherwise provided by Section 7-1.5 with
2 respect to limitations on the evidence and issues that may be
3 considered in hearings held on petitions filed under that
4 Section, the regional board of school trustees, or regional
5 boards of school trustees in cases of a joint hearing shall
6 hear evidence as to the school needs and conditions of the
7 territory in the area within and adjacent thereto and as to
8 the ability of the districts affected to meet the standards
9 of recognition as prescribed by the State Board of Education,
10 and shall take into consideration the division of funds and
11 assets which will result from the change of boundaries and
12 shall determine whether it is to the best interests of the
13 schools of the area and the educational welfare of the pupils
14 that such change in boundaries be granted, and in case
15 non-high school territory is contained in the petition the
16 normal high school attendance pattern of the children shall
17 be taken into consideration. If the non-high school territory
18 overlies an elementary district, a part of which is in a high
19 school district, such territory may be annexed to such high
20 school district even though not contiguous to the high school
21 district. However, upon resolution by the regional board of
22 school trustees, or regional boards of school trustees in
23 cases of a joint hearing the secretary or secretaries thereof
24 shall conduct the hearing or joint hearing upon any boundary
25 petition and present a transcript of such hearing to the
26 trustees who shall base their decision upon the transcript,
27 maps and information and any presentation of counsel.
28 (j) Subject to the limitations established by Section
29 7-1.5 with respect to petitions filed under that Section, at
30 the hearing or joint hearing any resident of the territory
31 described in the petition or any resident in any district
32 affected by the proposed change of boundaries may appear in
33 person or by an attorney in support of the petition or to
34 object to the granting of the petition and may present
-14- LRB9004521THpk
1 evidence in support of his position.
2 (k) At the conclusion of the hearing, other than a joint
3 hearing, the regional superintendent of schools as ex officio
4 member of the regional board of school trustees shall within
5 30 days enter an order either granting or denying the
6 petition and shall deliver to the committee of petitioners,
7 if any, and any person who has filed his appearance in
8 writing at the hearing and any attorney who appears for any
9 person and any objector who testifies at the hearing and the
10 regional superintendent of schools a certified copy of its
11 order.
12 (l) Notwithstanding the foregoing provisions of this
13 Section, if within 9 months after a petition is submitted
14 under the provisions of Section 7-1 the petition is not
15 approved or denied by the regional board of school trustees
16 and the order approving or denying that petition entered and
17 a copy thereof served as provided in this Section, the school
18 boards or registered voters of the districts affected that
19 submitted the petition (or the committee of 10, or an
20 attorney acting on its behalf, if designated in the petition)
21 may submit a copy of the petition directly to the State
22 Superintendent of Education for approval or denial. The copy
23 of the petition as so submitted shall be accompanied by a
24 record of all proceedings had with respect to the petition up
25 to the time the copy of the petition is submitted to the
26 State Superintendent of Education (including a copy of any
27 notice given or published, any certificate or other proof of
28 publication, copies of any maps or written report of the
29 financial and educational conditions of the school districts
30 affected if furnished by the secretary of the regional board
31 of school trustees, copies of any amendments to the petition
32 and stipulations made, accepted or refused, a transcript of
33 any hearing or part of a hearing held, continued or adjourned
34 on the petition, and any orders entered with respect to the
-15- LRB9004521THpk
1 petition or any hearing held thereon). The school boards,
2 registered voters or committee of 10 submitting the petition
3 and record of proceedings to the State Superintendent of
4 Education shall give written notice by certified mail, return
5 receipt requested to the regional board of school trustees
6 and to the secretary of that board that the petition has been
7 submitted to the State Superintendent of Education for
8 approval or denial, and shall furnish a copy of the notice so
9 given to the State Superintendent of Education. The cost of
10 assembling the record of proceedings for submission to the
11 State Superintendent of Education shall be the responsibility
12 of the school boards, registered voters or committee of 10
13 that submits the petition and record of proceedings to the
14 State Superintendent of Education. When a petition is
15 submitted to the State Superintendent of Education in
16 accordance with the provisions of this paragraph:
17 (1) The regional board of school trustees loses all
18 jurisdiction over the petition and shall have no further
19 authority to hear, approve, deny or otherwise act with
20 respect to the petition.
21 (2) All jurisdiction over the petition and the
22 right and duty to hear, approve, deny or otherwise act
23 with respect to the petition is transferred to and shall
24 be assumed and exercised by the State Superintendent of
25 Education.
26 (3) The State Superintendent of Education shall not
27 be required to repeat any proceedings that were conducted
28 in accordance with the provisions of this Section prior
29 to the time jurisdiction over the petition is transferred
30 to him, but the State Superintendent of Education shall
31 be required to give and publish any notices and hold or
32 complete any hearings that were not given, held or
33 completed by the regional board of school trustees or its
34 secretary as required by this Section prior to the time
-16- LRB9004521THpk
1 jurisdiction over the petition is transferred to the
2 State Superintendent of Education.
3 (4) If so directed by the State Superintendent of
4 Education, the regional superintendent of schools shall
5 submit to the State Superintendent of Education and to
6 such school boards as the State Superintendent of
7 Education shall prescribe accurate maps and a written
8 report of the financial and educational conditions of the
9 districts affected and the probable effect of the
10 proposed boundary changes.
11 (5) The State Superintendent is authorized to
12 conduct further hearings, or appoint a hearing officer to
13 conduct further hearings, on the petition even though a
14 hearing thereon was held as provided in this Section
15 prior to the time jurisdiction over the petition is
16 transferred to the State Superintendent of Education.
17 (6) The State Superintendent of Education or the
18 hearing officer shall hear evidence and approve or deny
19 the petition and shall enter an order to that effect and
20 deliver and serve the same as required in other cases to
21 be done by the regional board of school trustees and the
22 regional superintendent of schools as an ex officio
23 member of that board.
24 (m) Within 10 days after the conclusion of a joint
25 hearing required under the provisions of Section 7-2, each
26 regional board of school trustees shall meet together and
27 render a decision with regard to the joint hearing on the
28 petition. If the regional boards of school trustees fail to
29 enter a joint order either granting or denying the petition,
30 the regional superintendent of schools for the educational
31 service region in which the joint hearing is held shall enter
32 an order denying the petition, and within 30 days after the
33 conclusion of the joint hearing shall deliver a copy of the
34 order denying the petition to the regional boards of school
-17- LRB9004521THpk
1 trustees of each region affected, to the committee of
2 petitioners, if any, to any person who has filed his
3 appearance in writing at the hearing and to any attorney who
4 appears for any person at the joint hearing. If the regional
5 boards of school trustees enter a joint order either granting
6 or denying the petition, the regional superintendent of
7 schools for the educational service region in which the joint
8 hearing is held shall, within 30 days of the conclusion of
9 the hearing, deliver a copy of the joint order to those same
10 committees and persons as are entitled to receive copies of
11 the regional superintendent's order in cases where the
12 regional boards of school trustees have failed to enter a
13 joint order.
14 (m-5) Within 10 days after the conclusion of a joint
15 hearing required under the provisions of Section 7-1.5, the
16 regional boards of school trustees before whom the hearing is
17 held shall meet together and, upon determining that the
18 limitations imposed by subsection (a) of that Section on the
19 filing of a petition under that Section have been met, shall
20 render a decision granting the petition. Unless the regional
21 boards of school trustees jointly determine that the
22 limitations imposed by subsection (a) of Section 7-1.5 have
23 not been met, they shall have no authority to deny the
24 petition. If the regional boards of school trustees fail to
25 enter a joint order either granting or denying the petition,
26 the regional superintendent of schools for the educational
27 service region in which the joint hearing is held shall enter
28 an order granting the petition, and within 30 days after the
29 conclusion of the joint hearing shall deliver a copy of the
30 order granting the petition to the regional boards of school
31 trustees of each region affected, to the committee of
32 petitioners, if any, to any person who has filed his
33 appearance in writing at the hearing and to any attorney who
34 appears for any person at the joint hearing. If the regional
-18- LRB9004521THpk
1 boards of school trustees enter a joint order either granting
2 or denying the petition, the regional superintendent of
3 schools for the educational service region in which the joint
4 hearing is held shall, within 30 days of the conclusion of
5 the hearing, deliver a copy of the joint order to those same
6 committees and persons as are entitled to receive copies of
7 the regional superintendent's order in cases where the
8 regional boards of school trustees have failed to enter a
9 joint order.
10 (n) Within 10 days after service of a copy of the order
11 granting or denying the petition, any person so served may
12 petition for a rehearing and, upon sufficient cause being
13 shown, a rehearing may be granted. The filing of a petition
14 for rehearing shall operate as a stay of enforcement until
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 enter the final order on such
19 petition for rehearing.
20 (Source: P.A. 87-210; 87-1215; 87-1270; 88-45.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.