State of Illinois
91st General Assembly
Legislation

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91_SB0215eng

 
SB215 Engrossed                                LRB9101273NTsb

 1        AN ACT to amend the School Code by changing Section 7-1.

 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    Section 7-1 as follows:

 6        (105 ILCS 5/7-1) (from Ch. 122, par. 7-1)
 7        Sec. 7-1.  Districts in one educational service region  -
 8    changing boundaries.
 9        (a)  School district boundaries lying entirely within any
10    educational  service  region  may  be  changed by detachment,
11    annexation,  division  or  dissolution  or  any   combination
12    thereof  by  the  regional  board  of school trustees of such
13    region, or  by  the  State  Superintendent  of  Education  as
14    provided in subsection (l) of Section 7-6, when petitioned by
15    the  boards of each district affected or by a majority of the
16    registered voters in each district affected or by  two-thirds
17    of  the  registered  voters  in  any territory proposed to be
18    detached from one or more districts or in each of one or more
19    districts  proposed  to  be  annexed  to  another   district.
20    Registered  voters  shall be determined by the official voter
21    registration lists as of the date the petition is filed.   No
22    signatures  shall  be  added  after  the date the petition is
23    filed.   If  there  are  no  registered  voters  within   the
24    territory proposed to be detached from one or more districts,
25    then  the  petition  may  be  signed  by all of the owners of
26    record of the real estate of the territory.   Notwithstanding
27    any  other  provisions  of  this  Article,  if  pursuant to a
28    petition filed under this subsection all of the territory  of
29    a  school  district  is  to  be  annexed  to  another  school
30    district, any action by the regional board of school trustees
 
SB215 Engrossed             -2-                LRB9101273NTsb
 1    or State Superintendent of Education in granting or approving
 2    the  petition  and  any  change 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        Each page of the circulated petition  shall  include  the
10    full  prayer  of  the  petition, and each signature contained
11    therein shall match the official signature and address of the
12    registered voters as recorded in the office of  the  election
13    authority   having   jurisdiction   over  the  county.   Each
14    petitioner shall also record the date of his  signing.   Each
15    page  of the petition shall be signed by a circulator who has
16    witnessed the signature of each petitioner on that page.  The
17    length of time for signatures to be valid, before  filing  of
18    the petition, shall not exceed 6 months.
19        Where  there  is  only one school building in an approved
20    operating district, the building and building site may not be
21    included in any detachment proceeding  unless  petitioned  by
22    two-thirds   of  the  registered  voters  within  the  entire
23    district wherein the school is located.
24        (b)  Any elementary or high school district with  100  or
25    more of its students residing upon territory located entirely
26    within   a   military   base  or  installation  operated  and
27    maintained by the government of the  United  States,  or  any
28    unit   school  district  or  any  combination  of  the  above
29    mentioned districts with 300 or more of its students residing
30    upon territory located entirely within  a  military  base  or
31    installation operated and maintained by the government of the
32    United States, shall, upon the filing with the regional board
33    of school trustees of a petition adopted by resolution of the
34    board  of education or a petition signed by a majority of the
 
SB215 Engrossed             -3-                LRB9101273NTsb
 1    registered  voters  residing  upon  such  military  base   or
 2    installation, have all of the territory lying entirely within
 3    such  military base or installation detached from such school
 4    district,  and  a  new  school  district  comprised  of  such
 5    territory shall be created.  The petition shall be filed with
 6    and decided solely by the regional board of  school  trustees
 7    of the region in which the regional superintendent of schools
 8    has   supervision  of  the  school  district  affected.   The
 9    regional board of school trustees shall have no authority  to
10    deny  the  detachment  and  creation of a new school district
11    requested in a proper petition filed under  this  subsection.
12    This  subsection  shall  apply only to those school districts
13    having a population of not fewer than 1,000 and not more than
14    500,000 residents, as ascertained by any special  or  general
15    census.
16        The new school district shall tuition its students to the
17    same  districts  that  its students were previously attending
18    and the districts from which the new  district  was  detached
19    shall continue to educate the students from the new district,
20    until  the  federal  government  provides other arrangements.
21    The federal government shall pay for the  education  of  such
22    children as required by Section 6 of Public Law 81-874.
23        If  a  school  district created under this subsection (b)
24    has not elected a school board and has not become operational
25    within 2 years  after  the  date  of  detachment,  then  this
26    district is automatically dissolved and the territory of this
27    district  reverts  to  the  school  district  from  which the
28    territory was detached or  any  successor  district  thereto.
29    Any  school  district created under this subsection (b) on or
30    before September 1, 1996 that has not elected a school  board
31    and  has  not  been  operational  since  September 1, 1996 is
32    automatically  dissolved  on  the  effective  date  of   this
33    amendatory  Act  of  1999,  and on this date the territory of
34    this district reverts to the school district from  which  the
 
SB215 Engrossed             -4-                LRB9101273NTsb
 1    territory  was  detached.  For the automatic dissolution of a
 2    school  district  created  under  this  subsection  (b),  the
 3    regional superintendent of schools who has supervision of the
 4    school district from which the territory was  detached  shall
 5    certify  to  the  regional  board of school trustees that the
 6    school district created under this subsection  (b)  has  been
 7    automatically dissolved.
 8    (Source: P.A. 90-459, eff. 8-17-97.)

 9        Section  99.  Effective date.  This Act takes effect upon
10    becoming law.

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