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Public Act 097-0656
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| HB0606 Enrolled | LRB097 03426 NHT 43463 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The School Code is amended by changing Section |
7-11 as follows:
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(105 ILCS 5/7-11) (from Ch. 122, par. 7-11)
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Sec. 7-11. Annexation of dissolved non-operating |
districts. If any school district has become dissolved as |
provided in Section 5-32,
or if a petition for dissolution is |
filed under subsection (b) of
Section 7-2a, the regional board |
of school trustees shall attach the
territory of such
dissolved |
district to one or more districts and, if the territory is |
added
to 2 or more districts, shall divide the property of the |
dissolved
district among the districts to which its territory |
is added, in the manner
provided for the division of property |
in case of the organization of a new
district from a part of |
another district.
The regional board of school trustees of the |
region in which the regional
superintendent has supervision |
over the school district that is dissolved
shall have all power |
necessary to annex the territory of the dissolved
district as |
provided in this Section, including the power to attach the
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territory to a school district under the supervision of the |
regional
superintendent of another educational service region |
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and, in the case of Leepertown CCSD 175, the power to attach |
the territory to a non-contiguous school district if deemed in |
the best interests of the schools of the area and the |
educational welfare of the pupils involved. The annexation of
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the territory of a dissolved school district under this Section |
shall
entitle the school districts involved in the annexation |
to payments from
the State Board of Education in the same |
manner and to the same extent
authorized in the case of other |
annexations under this Article. Other
provisions of this |
Article 7 of The School Code shall apply to and govern
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dissolutions and annexations under this Section and Section |
7-2a, except
that it is the intent of the General Assembly that |
in the case of conflict the
provisions of this Section and |
Section 7-2a shall control over the other
provisions of this |
Article.
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The regional board of school trustees shall give notice of
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a hearing, to be held not less than 50 days nor more than 70 |
days after a
school district is dissolved under Section 5-32 or |
a petition is filed
under subsection (b) of Section 7-2a, on
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the disposition of the territory of such school district by |
publishing a
notice thereof at least once each week for 2 |
successive weeks in at least
one newspaper having a general |
circulation within the area of the territory
involved. At such |
hearing, the regional board of school trustees shall hear
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evidence as to the school needs and conditions of the territory |
and of the
area within and adjacent thereto, and shall take |
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into consideration the
educational welfare of the pupils of the |
territory and the normal high
school attendance pattern of the |
children. In the case of an elementary
school district, except |
for Leepertown CCSD 175, if all the eighth grade graduates of |
such district
customarily attend high school in the same high |
school district, the
regional board of school trustees shall, |
unless it be
impossible because of the
restrictions of a |
special charter district, annex the territory of the
district |
to a contiguous elementary school district whose eighth grade
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graduates customarily attend that high school, and that has an |
elementary
school building nearest to the center of the |
territory to be annexed, but
if such eighth grade graduates |
customarily attend more than one high school
the regional board |
of school trustees shall determine the
attendance pattern
of |
such graduates and divide the territory of the district among |
the
contiguous elementary districts whose graduates attend the |
same respective
high schools.
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The decision of the regional board of school trustees in
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such matter shall be issued within 10 days after the conclusion |
of the
hearing and deemed an "administrative decision" as |
defined in
Section 3-101 of the
Code of Civil Procedure and any |
resident who appears at the hearing
or any petitioner may |
within 10 days after a copy of the decision sought
to be |
reviewed was served by registered mail upon the party affected
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thereby file a complaint for the judicial review of
such |
decision in accordance with the "Administrative Review Law", |
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and all
amendments and modifications thereof and the rules |
adopted pursuant
thereto. The commencement of any action for |
review shall operate as a stay
of enforcement, and no further |
proceedings shall be had until final
disposition of such |
review.
The final decision of the regional board of school |
trustees or of any
court upon judicial review shall become |
effective under Section 7-9 in the
case of a petition for |
dissolution filed under subsection (b) of Section
7-2a, and a |
final decision shall become effective immediately following |
the
date no further appeal is allowable in the case of a |
district dissolved
under Section 5-32.
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Notwithstanding the foregoing provisions of this Section |
or any other
provision of law to the contrary, the school board |
of the Mt. Morris School
District is authorized to donate to |
the City of Mount Morris, Illinois the
school building and |
other real property used as a school site by the Mt. Morris
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School District at the time of its dissolution, by appropriate |
resolution
adopted by the school board of the district prior to |
the dissolution of the
district; and upon the adoption of a |
resolution by the school board donating
the school building and |
school site to the City of Mount Morris, Illinois as
authorized |
by this Section, the regional board of school trustees or other
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school officials holding legal title to the school building and |
school site so
donated shall immediately convey the same to the |
City of Mt. Morris,
Illinois.
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(Source: P.A. 94-1019, eff. 7-10-06.)
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