State of Illinois
91st General Assembly
Legislation

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91_HB2020enr

 
HB2020 Enrolled                                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 and 5% or less of the territory of the
13    district shall upon petition of two-thirds of the  registered
14    voters  of  the territory proposed to be detached and annexed
15    be so detached and annexed by the regional  board  of  school
16    trustees  State  Board of Education if granting such petition
17    shall make the affected segment of the boundaries of the high
18    school district the territory is proposed to  be  annexed  to
19    identical,  for the entirety of such affected segment, to the
20    boundaries of the elementary school  district  in  which  the
21    territory is located.
22        Any  contiguous  portion of an elementary school district
23    that constitutes 5% 10% or less  of  the  equalized  assessed
24    value  of the district and 5% or less of the territory of the
25    district shall upon petition of two-thirds of the  registered
26    voters  of  the territory proposed to be detached and annexed
27    be so detached and annexed by the regional  board  of  school
28    trustees  State  Board of Education if granting such petition
29    shall make the affected segment  of  the  boundaries  of  the
30    elementary  school  district  the territory is proposed to be
31    annexed to identical,  for  the  entirety  of  such  affected
 
HB2020 Enrolled            -2-                 LRB9101213NTsb
 1    segment,  to  the  boundaries  of the high school district in
 2    which the territory is located.
 3        The regional board of  school  trustees  State  Board  of
 4    Education  shall  have no authority or discretion to hear any
 5    evidence or consider any issues  except  those  that  may  be
 6    necessary to determine whether the limitations and conditions
 7    of this Section have been met.
 8        No  district  may  lose  more  than  5%  of its equalized
 9    assessed value or more  than  5%  of  its  territory  through
10    petitions  filed  under this Section.  If a petition seeks to
11    detach territory that would result in a cumulative  total  of
12    more than 5% of a district's equalized assessed value or more
13    than 5% of the district's territory being detached under this
14    Section,  the  petition  shall be denied without prejudice to
15    its being  filed  pursuant  to  Section  7-6  of  this  Code.
16    Notwithstanding  any  other  provision  of this Section, this
17    paragraph shall apply to any detachments effected pursuant to
18    the provisions of this Section as they existed prior  to  the
19    effective  date  of  this  amendatory Act of the 91st General
20    Assembly.
21        (b)  At any time prior to the granting  of  the  petition
22    calling  for the detachment and annexation of non-coterminous
23    territory under this Section, the Committee of Ten designated
24    in the petition  may  amend  the  petition  to  withdraw  the
25    detachment  and  annexation  proposal  and  substitute in its
26    place a proposal to require the school  district  from  which
27    the  territory would have been detached to pay the per capita
28    tuition costs for each pupil residing in the  non-coterminous
29    territory   to  attend  the  school  district  to  which  the
30    territory would have been annexed.  If such amended  petition
31    is  granted,  the  school  district  from which the territory
32    would have been detached shall pay to the school district  to
33    which  the  territory  would have been annexed the per capita
34    tuition costs as determined under Section 10-20.12a for  each
 
HB2020 Enrolled            -3-                 LRB9101213NTsb
 1    pupil  residing  in  the  territory who chooses to attend the
 2    school district  to  which  the  territory  would  have  been
 3    annexed.   Notwithstanding the provisions of Section 10-22.5,
 4    the school district to which the territory  would  have  been
 5    annexed   shall   admit   any   pupil  that  resides  in  the
 6    non-coterminous territory and provide such  pupils  with  any
 7    services  of  the  school.   The  payment  and  collection of
 8    tuition and any other such matters as may need to be resolved
 9    shall  be  established  by  an  intergovernmental   agreement
10    developed  between the two affected school districts. Section
11    7-6 of this Code shall apply to petitions  filed  under  this
12    Section except as otherwise provided in this Section.
13        The  changes  made  by  this  amendatory  Act of the 91st
14    General Assembly shall not apply to petitions pending on  the
15    effective  date  of  this  amendatory Act of the 91st General
16    Assembly.
17    (Source: P.A. 88-386; 89-397, eff. 8-20-95.)

18        (105 ILCS 5/2-3.105a rep.)
19        Section 10.  The School  Code  is  amended  by  repealing
20    Section 2-3.105a.

21        Section  99.  Effective  date. This Act takes effect upon
22    becoming law.

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