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90_HB3771
105 ILCS 5/7-2b from Ch. 122, par. 7-2b
105 ILCS 5/7-6 from Ch. 122, par. 7-6
Amends the School Code. In provisions concerning the
annexation of non-coterminous territory from an elementary or
high school district, adds the requirement that the
petitioners and school district follow certain procedures
after filing the petition with the regional board of school
trustees and regional superintendent having supervision over
the greatest portion of the territory. Removes the
prohibition on the State Board of Education having authority
or discretion to hear any evidence or consider any issues
except those that may be necessary to determine whether the
limitations and conditions of the provisions concerning the
annexation of non-coterminous territory from an elementary or
high school district have been met. Provides that the
changes made by this amendatory Act apply to all cases
pending before the State Board of Education or a court.
Effective immediately.
LRB9007992NTsbA
LRB9007992NTsbA
1 AN ACT to amend the School Code by changing Sections 7-2b
2 and 7-6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 7-2b and 7-6 as follows:
7 (105 ILCS 5/7-2b) (from Ch. 122, par. 7-2b)
8 Sec. 7-2b. Annexation of non-coterminous territory from
9 an elementary or high school district.
10 (a) Any contiguous portion of a high school district
11 that constitutes 10% or less of the equalized assessed value
12 of the district shall upon petition of two-thirds of the
13 registered voters of the territory proposed to be detached
14 and annexed be so detached and annexed by the State Board of
15 Education after meeting the following requirements:
16 (1) the petitioners and school district have
17 followed the procedures outlined in Section 7-6 after
18 filing the petition with the regional board of school
19 trustees and regional superintendent having supervision
20 over the greatest portion of the territory; and
21 (2) if granting such petition shall make the
22 affected segment of the boundaries of the high school
23 district the territory is proposed to be annexed to
24 identical, for the entirety of such affected segment, to
25 the boundaries of the elementary school district in which
26 the territory is located.
27 Any contiguous portion of an elementary school district
28 that constitutes 10% or less of the equalized assessed value
29 of the district shall upon petition of two-thirds of the
30 registered voters of the territory proposed to be detached
31 and annexed be so detached and annexed by the State Board of
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1 Education after meeting the following requirements:
2 (1) the petitioners and school district have
3 followed the procedures outlines in Section 7-6 after
4 filing the petition with the regional board of school
5 trustees and regional superintendent having supervision
6 over the greatest portion of the territory; and
7 (2) if granting such petition shall make the
8 affected segment of the boundaries of the elementary
9 school district the territory is proposed to be annexed
10 to identical, for the entirety of such affected segment,
11 to the boundaries of the high school district in which
12 the territory is located.
13 The State Board of Education shall have no authority or
14 discretion to hear any evidence or consider any issues except
15 those that may be necessary to determine whether the
16 limitations and conditions of this Section have been met.
17 (b) At any time prior to the granting of the petition
18 calling for the detachment and annexation of non-coterminous
19 territory under this Section, the Committee of Ten designated
20 in the petition may amend the petition to withdraw the
21 detachment and annexation proposal and substitute in its
22 place a proposal to require the school district from which
23 the territory would have been detached to pay the per capita
24 tuition costs for each pupil residing in the non-coterminous
25 territory to attend the school district to which the
26 territory would have been annexed. If such amended petition
27 is granted, the school district from which the territory
28 would have been detached shall pay to the school district to
29 which the territory would have been annexed the per capita
30 tuition costs as determined under Section 10-20. 12a for each
31 pupil residing in the territory who chooses to attend the
32 school district to which the territory would have been
33 annexed. Notwithstanding the provisions of Section 10-22.5,
34 the school district to which the territory would have been
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1 annexed shall admit any pupil that resides in the
2 non-coterminous territory and provide such pupils with any
3 services of the school. The payment and collection of
4 tuition and any other such matters as may need to be resolved
5 shall be established by an intergovernmental agreement
6 developed between the two affected school districts.
7 (c) The changes to this Section made by this amendatory
8 Act of 1998 apply to all cases pending before the State Board
9 of Education or a court on or after the effective date of
10 this amendatory Act of 1998.
11 (Source: P.A. 88-386; 89-397, eff. 8-20-95.)
12 (105 ILCS 5/7-6) (from Ch. 122, par. 7-6)
13 Sec. 7-6. Petition filing; Notice; Hearing; Decision.
14 (a) Upon the filing of a petition with the secretary of
15 the regional board of school trustees under the provisions of
16 Section 7-1, or 7-2, or 7-2b of this Act the secretary shall
17 cause a copy of such petition to be given to each board of
18 any district involved in the proposed boundary change and
19 shall cause a notice thereof to be published once in a
20 newspaper having general circulation within the area of the
21 territory described in the petition for the proposed change
22 of boundaries.
23 (b) When a joint hearing is required under the
24 provisions of Section 7-2, the secretary also shall cause a
25 copy of the notice to be sent to the regional board of school
26 trustees of each region affected. Notwithstanding the
27 foregoing provisions of this Section, if the secretary of the
28 regional board of school trustees with whom a petition is
29 filed under Section 7-2 fails, within 30 days after the
30 filing of such petition, to cause notice thereof to be
31 published and sent as required by this Section, then the
32 secretary of the regional board of school trustees of any
33 other region affected may cause the required notice to be
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1 published and sent, and the joint hearing may be held in any
2 region affected as provided in the notice so published.
3 (b-5) If a petition filed under subsection (a) of
4 Section 7-1 or under Section 7-2 proposes to annex all the
5 territory of a school district to another school district,
6 the petition shall request the submission of a proposition at
7 a regular scheduled election for the purpose of voting for or
8 against the annexation of the territory described in the
9 petition to the school district proposing to annex that
10 territory. No petition filed or election held under this
11 Article shall be null and void, invalidated, or deemed in
12 noncompliance with the Election Code because of a failure to
13 publish a notice with respect to the petition or referendum
14 as required under subsection (g) of Section 28-2 of that Code
15 for petitions that are not filed under this Article or
16 Article 7A, 11A, 11B, or 11D of the School Code.
17 (c) When a petition contains more than 10 signatures the
18 petition shall designate a committee of 10 of the petitioners
19 as attorney in fact for all petitioners, any 7 of whom may
20 make binding stipulations on behalf of all petitioners as to
21 any question with respect to the petition or hearing or joint
22 hearing, and the regional board of school trustees, or
23 regional boards of school trustees in cases of a joint
24 hearing may accept such stipulation in lieu of evidence or
25 proof of the matter stipulated. The committee of petitioners
26 shall have the same power to stipulate to accountings or
27 waiver thereof between school districts; however, the
28 regional board of school trustees, or regional boards of
29 school trustees in cases of a joint hearing may refuse to
30 accept such stipulation. Those designated as the committee of
31 10 shall serve in that capacity until such time as the
32 regional superintendent of schools or the committee of 10
33 determines that, because of death, resignation, transfer of
34 residency from the territory, or failure to qualify, the
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1 office of a particular member of the committee of 10 is
2 vacant. Upon determination that a vacancy exists, the
3 remaining members shall appoint a petitioner to fill the
4 designated vacancy on the committee of 10. The appointment
5 of any new members by the committee of 10 shall be made by a
6 simple majority vote of the remaining designated members.
7 (d) The petition may be amended to withdraw not to
8 exceed a total of 10% of the territory in the petition at any
9 time prior to the hearing or joint hearing; provided that the
10 petition shall after amendment comply with the requirements
11 as to the number of signatures required on an original
12 petition.
13 (e) The petitioners shall pay the expenses of publishing
14 the notice and of any transcript taken at the hearing or
15 joint hearing; and in case of an appeal from the decision of
16 the regional board of school trustees, or regional boards of
17 school trustees in cases of a joint hearing, or State
18 Superintendent of Education in cases determined under
19 subsection (l) of this Section, the appellants shall pay the
20 cost of preparing the record for appeal.
21 (f) The notice shall state when the petition was filed,
22 the description of the territory, the prayer of the petition
23 and the return day on which the hearing or joint hearing upon
24 the petition will be held which shall not be more than 15 nor
25 less than 10 days after the publication of notice.
26 (g) On such return day or on a day to which the regional
27 board of school trustees, or regional boards of school
28 trustees in cases of a joint hearing shall continue the
29 hearing or joint hearing the regional board of school
30 trustees, or regional boards of school trustees in cases of a
31 joint hearing shall hear the petition but may adjourn the
32 hearing or joint hearing from time to time or may continue
33 the matter for want of sufficient notice or other good cause.
34 (h) Prior to the hearing or joint hearing the secretary
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1 of the regional board of school trustees shall submit to the
2 regional board of school trustees, or regional boards of
3 school trustees in cases of a joint hearing maps showing the
4 districts involved, a written report of financial and
5 educational conditions of districts involved and the probable
6 effect of the proposed changes. The reports and maps
7 submitted shall be made a part of the record of the
8 proceedings of the regional board of school trustees, or
9 regional boards of school trustees in cases of a joint
10 hearing. A copy of the report and maps submitted shall be
11 sent by the secretary of the regional board of school
12 trustees to each board of the districts involved, not less
13 than 5 days prior to the day upon which the hearing or joint
14 hearing is to be held.
15 (i) The regional board of school trustees, or regional
16 boards of school trustees in cases of a joint hearing shall
17 hear evidence as to the school needs and conditions of the
18 territory in the area within and adjacent thereto and as to
19 the ability of the districts affected to meet the standards
20 of recognition as prescribed by the State Board of Education,
21 and shall take into consideration the division of funds and
22 assets which will result from the change of boundaries and
23 shall determine whether it is to the best interests of the
24 schools of the area and the educational welfare of the pupils
25 that such change in boundaries be granted, and in case
26 non-high school territory is contained in the petition the
27 normal high school attendance pattern of the children shall
28 be taken into consideration. If the non-high school territory
29 overlies an elementary district, a part of which is in a high
30 school district, such territory may be annexed to such high
31 school district even though not contiguous to the high school
32 district. However, upon resolution by the regional board of
33 school trustees, or regional boards of school trustees in
34 cases of a joint hearing the secretary or secretaries thereof
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1 shall conduct the hearing or joint hearing upon any boundary
2 petition and present a transcript of such hearing to the
3 trustees who shall base their decision upon the transcript,
4 maps and information and any presentation of counsel.
5 (j) At the hearing or joint hearing any resident of the
6 territory described in the petition or any resident in any
7 district affected by the proposed change of boundaries may
8 appear in person or by an attorney in support of the petition
9 or to object to the granting of the petition and may present
10 evidence in support of his position.
11 (k) At the conclusion of the hearing, other than a joint
12 hearing, the regional superintendent of schools as ex officio
13 member of the regional board of school trustees shall within
14 30 days enter an order either granting or denying the
15 petition and shall deliver to the committee of petitioners,
16 if any, and any person who has filed his appearance in
17 writing at the hearing and any attorney who appears for any
18 person and any objector who testifies at the hearing and the
19 regional superintendent of schools a certified copy of its
20 order.
21 (l) Notwithstanding the foregoing provisions of this
22 Section, if within 9 months after a petition is submitted
23 under the provisions of Section 7-1 the petition is not
24 approved or denied by the regional board of school trustees
25 and the order approving or denying that petition entered and
26 a copy thereof served as provided in this Section, the school
27 boards or registered voters of the districts affected that
28 submitted the petition (or the committee of 10, or an
29 attorney acting on its behalf, if designated in the petition)
30 may submit a copy of the petition directly to the State
31 Superintendent of Education for approval or denial. The copy
32 of the petition as so submitted shall be accompanied by a
33 record of all proceedings had with respect to the petition up
34 to the time the copy of the petition is submitted to the
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1 State Superintendent of Education (including a copy of any
2 notice given or published, any certificate or other proof of
3 publication, copies of any maps or written report of the
4 financial and educational conditions of the school districts
5 affected if furnished by the secretary of the regional board
6 of school trustees, copies of any amendments to the petition
7 and stipulations made, accepted or refused, a transcript of
8 any hearing or part of a hearing held, continued or adjourned
9 on the petition, and any orders entered with respect to the
10 petition or any hearing held thereon). The school boards,
11 registered voters or committee of 10 submitting the petition
12 and record of proceedings to the State Superintendent of
13 Education shall give written notice by certified mail, return
14 receipt requested to the regional board of school trustees
15 and to the secretary of that board that the petition has been
16 submitted to the State Superintendent of Education for
17 approval or denial, and shall furnish a copy of the notice so
18 given to the State Superintendent of Education. The cost of
19 assembling the record of proceedings for submission to the
20 State Superintendent of Education shall be the responsibility
21 of the school boards, registered voters or committee of 10
22 that submits the petition and record of proceedings to the
23 State Superintendent of Education. When a petition is
24 submitted to the State Superintendent of Education in
25 accordance with the provisions of this paragraph:
26 (1) The regional board of school trustees loses all
27 jurisdiction over the petition and shall have no further
28 authority to hear, approve, deny or otherwise act with
29 respect to the petition.
30 (2) All jurisdiction over the petition and the
31 right and duty to hear, approve, deny or otherwise act
32 with respect to the petition is transferred to and shall
33 be assumed and exercised by the State Superintendent of
34 Education.
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1 (3) The State Superintendent of Education shall not
2 be required to repeat any proceedings that were conducted
3 in accordance with the provisions of this Section prior
4 to the time jurisdiction over the petition is transferred
5 to him, but the State Superintendent of Education shall
6 be required to give and publish any notices and hold or
7 complete any hearings that were not given, held or
8 completed by the regional board of school trustees or its
9 secretary as required by this Section prior to the time
10 jurisdiction over the petition is transferred to the
11 State Superintendent of Education.
12 (4) If so directed by the State Superintendent of
13 Education, the regional superintendent of schools shall
14 submit to the State Superintendent of Education and to
15 such school boards as the State Superintendent of
16 Education shall prescribe accurate maps and a written
17 report of the financial and educational conditions of the
18 districts affected and the probable effect of the
19 proposed boundary changes.
20 (5) The State Superintendent is authorized to
21 conduct further hearings, or appoint a hearing officer to
22 conduct further hearings, on the petition even though a
23 hearing thereon was held as provided in this Section
24 prior to the time jurisdiction over the petition is
25 transferred to the State Superintendent of Education.
26 (6) The State Superintendent of Education or the
27 hearing officer shall hear evidence and approve or deny
28 the petition and shall enter an order to that effect and
29 deliver and serve the same as required in other cases to
30 be done by the regional board of school trustees and the
31 regional superintendent of schools as an ex officio
32 member of that board.
33 (m) Within 10 days after the conclusion of a joint
34 hearing required under the provisions of Section 7-2, each
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1 regional board of school trustees shall meet together and
2 render a decision with regard to the joint hearing on the
3 petition. If the regional boards of school trustees fail to
4 enter a joint order either granting or denying the petition,
5 the regional superintendent of schools for the educational
6 service region in which the joint hearing is held shall enter
7 an order denying the petition, and within 30 days after the
8 conclusion of the joint hearing shall deliver a copy of the
9 order denying the petition to the regional boards of school
10 trustees of each region affected, to the committee of
11 petitioners, if any, to any person who has filed his
12 appearance in writing at the hearing and to any attorney who
13 appears for any person at the joint hearing. If the regional
14 boards of school trustees enter a joint order either granting
15 or denying the petition, the regional superintendent of
16 schools for the educational service region in which the joint
17 hearing is held shall, within 30 days of the conclusion of
18 the hearing, deliver a copy of the joint order to those same
19 committees and persons as are entitled to receive copies of
20 the regional superintendent's order in cases where the
21 regional boards of school trustees have failed to enter a
22 joint order.
23 (n) Within 10 days after service of a copy of the order
24 granting or denying the petition, any person so served may
25 petition for a rehearing and, upon sufficient cause being
26 shown, a rehearing may be granted. The filing of a petition
27 for rehearing shall operate as a stay of enforcement until
28 the regional board of school trustees, or regional boards of
29 school trustees in cases of a joint hearing, or State
30 Superintendent of Education in cases determined under
31 subsection (l) of this Section enter the final order on such
32 petition for rehearing.
33 (o) If a petition filed under subsection (a) of Section
34 7-1 or under Section 7-2 is required under the provisions of
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1 subsection (b-5) of this Section 7-6 to request submission of
2 a proposition at a regular scheduled election for the purpose
3 of voting for or against the annexation of the territory
4 described in the petition to the school district proposing to
5 annex that territory, and if the petition is granted or
6 approved by the regional board or regional boards of school
7 trustees or by the State Superintendent of Education, the
8 proposition shall be placed on the ballot at the next regular
9 scheduled election.
10 (p) The changes to this Section made by this amendatory
11 Act of 1998 apply to all cases pending before the State Board
12 of Education or a court on or after the effective date of
13 this amendatory Act of 1998.
14 (Source: P.A. 90-459, eff. 8-17-97.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.