State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]

91_HB2020

 
                                               LRB9101213NTsb

 1        AN  ACT to amend the School Code by changing Section 7-2b
 2    and repealing Section 2-3.105a.

 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    Section 7-2b 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 5% 10% or less  of  the  equalized  assessed
12    value  of  the  district shall upon petition of two-thirds of
13    the  registered  voters  of  the  territory  proposed  to  be
14    detached and annexed  be  so  detached  and  annexed  by  the
15    regional board of school trustees State Board of Education if
16    granting such petition shall make the affected segment of the
17    boundaries  of  the  high  school  district  the territory is
18    proposed to be annexed to identical, for the entirety of such
19    affected segment, to the boundaries of the elementary  school
20    district in which the territory is located.
21        Any  contiguous  portion of an elementary school district
22    that constitutes 5% 10% or less  of  the  equalized  assessed
23    value  of  the  district shall upon petition of two-thirds of
24    the  registered  voters  of  the  territory  proposed  to  be
25    detached and annexed  be  so  detached  and  annexed  by  the
26    regional board of school trustees State Board of Education if
27    granting such petition shall make the affected segment of the
28    boundaries of the elementary school district the territory is
29    proposed to be annexed to identical, for the entirety of such
30    affected  segment,  to  the  boundaries  of  the  high school
31    district in which the territory is located.
 
                            -2-                LRB9101213NTsb
 1        The regional board of  school  trustees  State  Board  of
 2    Education  shall  have no authority or discretion to hear any
 3    evidence or consider any issues  except  those  that  may  be
 4    necessary to determine whether the limitations and conditions
 5    of this Section have been met.
 6        No  district  may  lose  more  than  5%  of its equalized
 7    assessed value through petitions filed  under  this  Section.
 8    If  a petition seeks to detach territory that would result in
 9    a cumulative total of more than 5% of a district's  equalized
10    assessed   value  being  detached  under  this  Section,  the
11    petition shall be denied without prejudice to its being filed
12    pursuant to Section 7-6 of this Code.
13        (b)  At any time prior to the granting  of  the  petition
14    calling  for the detachment and annexation of non-coterminous
15    territory under this Section, the Committee of Ten designated
16    in the petition  may  amend  the  petition  to  withdraw  the
17    detachment  and  annexation  proposal  and  substitute in its
18    place a proposal to require the school  district  from  which
19    the  territory would have been detached to pay the per capita
20    tuition costs for each pupil residing in the  non-coterminous
21    territory   to  attend  the  school  district  to  which  the
22    territory would have been annexed.  If such amended  petition
23    is  granted,  the  school  district  from which the territory
24    would have been detached shall pay to the school district  to
25    which  the  territory  would have been annexed the per capita
26    tuition costs as determined under Section 10-20. 12a for each
27    pupil residing in the territory who  chooses  to  attend  the
28    school  district  to  which  the  territory  would  have been
29    annexed.  Notwithstanding the provisions of Section  10-22.5,
30    the  school  district  to which the territory would have been
31    annexed  shall  admit  any  pupil   that   resides   in   the
32    non-coterminous  territory  and  provide such pupils with any
33    services of  the  school.   The  payment  and  collection  of
34    tuition and any other such matters as may need to be resolved
 
                            -3-                LRB9101213NTsb
 1    shall   be  established  by  an  intergovernmental  agreement
 2    developed between the two affected school districts.  Section
 3    7-6 of this Code shall apply to petitions  filed  under  this
 4    Section except as otherwise provided in this Section.
 5    (Source: P.A. 88-386; 89-397, eff. 8-20-95.)

 6        (105 ILCS 5/2-3.105a rep.)
 7        Section  10.  The  School  Code  is  amended by repealing
 8    Section 2-3.105a.

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