(105 ILCS 5/Art. 7 heading)
ARTICLE 7.
BOUNDARY CHANGE
|
(105 ILCS 5/7-01) (from Ch. 122, par. 7-01)
Sec. 7-01.
For purposes of this Article 7, "county board of school
trustees" means the regional board of school trustees elected under Article
6 of this Act, and "county" means an educational service region, as
determined under Article 3A of this Act.
(Source: P.A. 78-514.)
|
(105 ILCS 5/7-02) (from Ch. 122, par. 7-02)
Sec. 7-02. Limitations. The provisions of this Article providing for
the change in school district boundaries by detachment, annexation,
division or dissolution, or by any combination of those methods, are
subject to the provisions of this Section. Whenever due to fire,
explosion, tornado or any Act of God the school buildings or one or more of
the principal school buildings comprising an attendance center within a
school district are destroyed or substantially destroyed and rendered unfit
for school purposes, the provisions of this Article shall not be available
to permit a division of that district, or a dissolution, detachment or
annexation of any part thereof, or any combination of such
results during a period from the date of such destruction or substantial
destruction until 30 days after the second regular election of board
members following such destruction or substantial destruction. Nothing in
this Section shall be deemed to prohibit the combining of the entire
district with another entire district or with other entire districts during
such period pursuant to the provisions of Article 11E.
(Source: P.A. 94-1019, eff. 7-10-06.)
|
(105 ILCS 5/7-03)
Sec. 7-03. (Repealed).
(Source: P.A. 85-1020. Repealed by P.A. 94-1105, eff. 6-1-07.)
|
(105 ILCS 5/7-04) (from Ch. 122, par. 7-04)
Sec. 7-04.
Districts in educational service regions of 2,000,000 or more
inhabitants.
(a) In all proceedings under this Article to change by detachment,
annexation, division, dissolution, or any combination of those methods the
boundaries of any school district (other than a school district organized
under Article 34) located in an educational service region of 2,000,000 or
more inhabitants in which the regional board of school trustees is
abolished as provided in subsection (a) of Section 6-2, the trustees of
schools of the township in which that school district is located, as the
successor under subsection (b) of Section 6-2 to the former regional board
of school trustees with respect to all territory located in that school
township, shall have, exercise, and perform all powers, duties, and
responsibilities required under this Article to be exercised and performed
in those proceedings by a regional board of school trustees; provided that
if any school district affected by those proceedings is located in
a school township referred to in subsection (b) of Section 5-1 and there
are no trustees of schools acting in that township then the school board
of any such district, as the successor under subsection (b) of Section 6-2
to the former regional board of school trustees with respect to the
territory comprising that school district, shall have, exercise, and
perform all powers, duties, and responsibilities required under this
Article to be exercised and performed in those proceedings with respect to
the territory of that school district by a regional board of school
trustees; and provided further that: (i) when any school district affected
by those proceedings is located not only in an educational service region
of 2,000,000 or more inhabitants but also in 2 or more school townships in
that region that each have trustees of schools of the township, then the
boundaries of that school district may be changed under this Article by
detachment, annexation, division, dissolution, or any combination of those
methods only by the concurrent action of, taken following a joint hearing
before the trustees of schools of those townships (in that educational
service region) in which that school district is located; and (ii) if any
part of the school district referred to in item (i) of this subsection
also lies within an educational service region that has a regional board of
school trustees, the boundaries of that district may be changed under this
Article only by the concurrent action of, taken following a joint hearing
before the trustees of schools of the townships referred to in item (i) of
this subsection and the regional board of school trustees of the educational
service region referred to in this item (ii) of this subsection. Whenever
concurrent action and joint hearings are required under this subsection,
the original petition shall be filed with the trustees of schools of the
township in which the territory or greatest portion of the territory being
detached is located, or if the territory is being detached from more than
one educational service region then with the regional board of school
trustees of the region or the trustees of schools of the township in which
the territory or greatest portion of the territory being detached is located.
(b) Except as otherwise provided in this Section, all other provisions
of this Article shall apply to any proceedings under this Article to change
the boundaries of any school district located in an educational service
region having 2,000,000 or more inhabitants in the same manner that those
provisions apply to any proceedings to change the boundaries of any school
district located in any other educational service region; provided, that any
reference in those other provisions to the regional board of school trustees
shall mean, with respect to all territory within an educational service region
containing 2,000,000 or more inhabitants that formerly was served by a regional
board of school trustees abolished under subsection (a) of Section 6-2, the
trustees of schools of the township or the school board of the school district
that is the successor under subsection (b) of Section 6-2 to the former
regional board of school trustees with respect to the territory included within
that school township or school district.
(Source: P.A. 87-969.)
|
(105 ILCS 5/7-1) (from Ch. 122, par. 7-1)
Sec. 7-1.
Districts in one educational service region - changing boundaries.
(a) School district boundaries lying entirely within any educational
service
region may be changed by detachment, annexation, division or dissolution
or any combination thereof by the regional board of school trustees of such
region, or by the State Superintendent of Education as provided in
subsection (l) of Section 7-6, when petitioned by the boards of each
district affected or by a majority of the registered voters in each
district affected or by two-thirds of the registered voters in any
territory proposed to be detached from one or more districts or in each of
one or more districts proposed to be annexed to another district.
Registered voters shall be determined by the official voter registration
lists as of the date the petition is filed. No signatures shall be added
after the date the petition is filed. If there are no registered voters
within the territory proposed to be detached from one or more districts,
then the petition may be signed by all of the owners of record of the real
estate of the territory. Notwithstanding any other provisions of this
Article, if pursuant to a petition filed under this subsection all of the
territory of
a school district is to be annexed to another school district, any
action by the regional board of school trustees or State
Superintendent of Education in granting or approving the petition and any
change in school district boundaries pursuant to that action is subject to and
the change in school district boundaries shall not be made except upon approval
at a regular scheduled election, in the manner provided by Section 7-7.7, of a
proposition for the annexation of all of the territory of that school district
to the other school district.
Each page of the circulated petition shall include the full prayer of the
petition, and each signature contained therein shall match the official
signature and address of the registered voters as recorded in the office
of the election authority having jurisdiction over the county. Each petitioner
shall also record the date of his signing. Each page of the petition shall
be signed by a circulator who has witnessed the signature of each
petitioner on that page. The length of time for signatures to be valid,
before filing of the petition, shall not exceed 6 months.
Where there is only one school building in an approved operating
district, the building and building site may not be included in any
detachment proceeding unless petitioned by two-thirds of the registered
voters within the entire district wherein the school is located.
(b) Any elementary or high school district with 100 or more of its
students residing upon territory located entirely within a military base or
installation operated and maintained by the government of the United States, or
any unit school district or any combination of the above mentioned
districts with 300 or more of its students residing upon territory located
entirely within a military base or installation operated and maintained by
the government of the United States, shall, upon the filing with the
regional board of school trustees of a petition adopted by resolution of
the board of education or a petition signed by a majority of the registered
voters residing upon such military base or installation, have all of the
territory lying entirely within such military base or installation detached
from such school district, and a new school district comprised of such
territory shall be created. The petition shall be filed with and decided
solely by the regional board of school trustees of the region in which the
regional superintendent of schools has supervision of the school district
affected. The regional board of school trustees shall have no authority to
deny the detachment and creation of a new school district requested in a
proper petition filed under this subsection. This subsection shall apply
only to those school districts having a population of not fewer than
1,000 and not more than 500,000 residents, as
ascertained by any special or general census.
The new school district shall tuition its students to the same
districts that its students were previously attending and the districts
from which the new district was detached shall continue to educate the
students from the new district, until the federal government provides other
arrangements. The federal government shall pay for the education of such
children as required by Section 6 of Public Law 81-874.
If a school district created under this subsection (b) has not elected a
school board
and has not become operational within 2 years after the date of detachment,
then this
district is automatically dissolved and the territory of this district reverts
to the school
district from which the territory was detached or any successor district
thereto. Any school district created
under this
subsection (b) on or before September 1, 1996 that has not elected a school
board and has
not been operational since September 1, 1996 is automatically dissolved on the
effective
date of this amendatory Act of 1999, and on this date the territory of this
district reverts
to the school district from which the territory was detached. For the
automatic dissolution of a school district created under this subsection (b),
the
regional superintendent of schools
who has
supervision of the school district from which the territory was detached shall
certify to
the regional board of school trustees that the school district created under
this subsection
(b) has been automatically dissolved.
(Source: P.A. 90-459, eff. 8-17-97; 91-460, eff. 8-6-99.)
|
(105 ILCS 5/7-2) (from Ch. 122, par. 7-2)
Sec. 7-2.
Districts in two or more counties; Change of boundaries.
Boundaries of existing school districts lying within two or more counties
may be changed by detachment, annexation, division,
dissolution or any combination thereof by the concurrent action of, taken
following a joint hearing before, the regional boards of school trustees of
each region affected. For purposes of this Section and Section 7-6, an
educational service region shall be deemed to be a region affected if any
portion of the territory which the petition seeks to have detached from any
school district is located in the region. The
petition may be by the boards of each district affected, or by a majority
of the legal voters residing in each district affected, or by two-thirds
of the legal voters residing in any territory proposed to be detached from
one or more districts or in each of one or more districts proposed to be
annexed to another district. The original petition shall be filed with
the regional board of school trustees of the region in which the territory
being detached is located or if territory is being detached from more than
one region then the petition shall be filed with the regional board of
school trustees of the region in which the regional superintendent has
supervision over the greatest portion of such territory. A certified true
copy of the petition shall be filed with the regional board of school
trustees of each other region affected. Notwithstanding any other provisions
of this Article, if pursuant to a petition filed under this Section all of the
territory of a school district is to be annexed to another school district, any
action by the
regional boards of school trustees in granting the
petition and any changes in school district boundaries pursuant to that action
is subject to and the change in school district boundaries shall not be made
except upon approval at a regular scheduled election, in the manner provided by
Section 7-7.7, of a proposition for the annexation of all of the territory of
that school district to the other school district.
The regional board of school trustees in whose region the joint hearing
on the original petition is conducted shall send a certified true copy of
the transcript of the hearing to each other region affected. If there are
no legal voters residing within the territory proposed to be detached from
one or more districts, then the petition may be signed by all of the owners
of record of the real estate of the territory. The annexing district is
that district to which territory is proposed to be added.
Where there is only one school building in an approved operating district,
the building and building site may not be included in any detachment proceeding
unless petitioned by two-thirds of the eligible voters within the entire
district wherein the school is located.
After September 23,
1983, no petition shall
be filed under Sections 7-1 and 7-2 to form a new school district
under this Article except that such a petition may be filed under Section
7-1 to form a new
school district where the boundaries of such new school district lie
entirely within the boundaries of a military base or installation operated
and maintained by the government of the United States.
(Source: P.A. 90-459, eff. 8-17-97.)
|
(105 ILCS 5/7-2a) (from Ch. 122, par. 7-2a)
Sec. 7-2a.
(a) Except as provided in subsection (b) of this
Section, any petition for dissolution filed under this Article must
specify the school district or districts to which all of the territory
of the district proposed to be dissolved
will be annexed. Any petition for dissolution may be made by the board of
education of the district or a majority of the legal voters residing in
the district proposed to be dissolved. No petition from any other
district affected by the proposed dissolution shall be required.
(b) Any school district with a population of less than 5,000 residents or an enrollment of less than 750 students, as determined by the district's current fall housing report filed with the State Board of Education,
shall be dissolved and its territory annexed as provided in Section 7-11 by
the regional board of school trustees upon the filing with the regional
board of school trustees of a petition adopted by resolution of the board of
education or a petition signed by a majority of the registered voters of
the district seeking such dissolution. No petition shall be adopted or
signed under this subsection until the board of education or the
petitioners, as the case may be, shall have given at least 10 days' notice
to be published once in a newspaper having general circulation in the
district and shall have conducted a public informational meeting to inform
the residents of the district of the proposed dissolution and to answer
questions concerning the proposed dissolution. The petition shall be filed with
and decided solely by the regional board of school trustees of the region
in which the regional superintendent of schools has supervision of the
school district being dissolved. The regional board of school trustees
shall not act on a petition filed by a board of education if within 45 days
after giving notice of the hearing required under Section 7-11 a petition
in opposition to the petition of the board to dissolve, signed by a
majority of the registered voters of the district, is filed with the
regional board of school trustees. The regional board of school trustees
shall have no authority to deny dissolution requested in a proper petition
for dissolution filed under this subsection (b), but shall exercise its
discretion in accordance with Section 7-11 on the issue of annexing the
territory of a district being dissolved, giving consideration to but not
being bound by the wishes expressed by the residents of
the various school districts that may be affected by such annexation.
When dissolution and annexation become effective for purposes of
administration and attendance as determined pursuant to Section 7-11,
the positions of teachers
in contractual continued service in the district being dissolved are
transferred to an
annexing district or to annexing districts pursuant to the provisions of
Section 24-12 relative to teachers having contractual continued service
status whose positions are transferred from one board to the control of a
different board, and those said provisions of Section 24-12 shall apply to
said transferred teachers. In the event that the territory is added to 2
or more districts, the decision on which positions shall be transferred to
which annexing districts shall be made giving consideration to the
proportionate percent of pupils transferred and the annexing districts'
staffing needs, and the transfer of specific individuals into such positions
shall be based upon the request of those teachers in order of seniority in
the dissolving district. The contractual continued service status of any
teacher thereby transferred to an annexing district is not lost and the
different board is subject to this Act with respect to such transferred
teacher in the same manner as if such teacher was that district's employee
and had been its employee during the time such teacher was actually
employed by the board of the dissolving district from which the position
was transferred.
(Source: P.A. 98-125, eff. 8-2-13.)
|
(105 ILCS 5/7-2b) (from Ch. 122, par. 7-2b)
Sec. 7-2b.
Annexation of non-coterminous territory from an elementary
or high school district.
(a) Any contiguous portion of a high school
district that constitutes 5% or less of the equalized assessed
value of the
district and 5% or less of the territory of the district shall upon
petition
of
two-thirds of the registered voters of the
territory proposed to be detached and annexed be so detached and annexed by
the regional board of school trustees if
granting such petition shall make
the affected segment of the boundaries of the high school district the
territory is
proposed to be annexed to identical, for the entirety of
such affected segment, to the boundaries of the elementary school district in
which the territory is located.
Any contiguous portion of an elementary school district that constitutes
5% or less of the equalized assessed value of the district and 5%
or less of the territory of the district shall
upon petition
of two-thirds of the registered voters of the territory proposed to be detached
and annexed be so detached and annexed by the regional board of school
trustees
if granting such petition shall make the affected segment of the boundaries of
the elementary school district the territory is proposed to be annexed to
identical, for the entirety of such affected segment, to the boundaries of the
high school district in which the territory is located.
The regional board of school trustees shall
have no 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 this Section have been
met.
No district may lose more than 5% of its equalized assessed value or more
than 5% of its territory through
petitions filed under this Section. If a petition seeks to detach territory
that would result in a cumulative total of more than 5% of a district's
equalized
assessed value or more than 5% of the district's territory being detached under
this Section, the petition shall be denied
without prejudice to its being filed pursuant to Section 7-6 of this Code.
Notwithstanding any other provision of this Section, this paragraph shall
apply to any detachments effected pursuant to the provisions of this Section as
they existed prior to the effective date of this amendatory Act of the 91st
General Assembly.
(b) At any time prior to the granting of the petition calling for the
detachment and annexation of non-coterminous territory under this Section, the
Committee of Ten designated in the petition may amend the petition to withdraw
the detachment and annexation proposal and substitute in its place a proposal
to require the school district from which the territory would have been
detached to pay the per capita tuition costs for each pupil residing in the
non-coterminous territory to attend the school district to which the territory
would have been annexed. If such amended petition is granted, the school
district from which the territory would have been detached shall pay to the
school district to which the territory would have been annexed the per capita
tuition costs as determined under Section 10-20.12a for each pupil residing in
the territory who chooses to attend the school district to which the territory
would have been annexed. Notwithstanding the provisions of Section 10-22.5,
the school district to which the territory would have been annexed shall admit
any pupil that resides in the non-coterminous territory and provide such pupils
with any services of the school. The payment and collection of tuition and any
other such matters as may need to be resolved shall be established by an
intergovernmental agreement developed between the two affected school
districts.
Section 7-6 of this Code shall apply to petitions filed under this Section
except as otherwise provided in this Section.
The changes made by this amendatory Act of the 91st General Assembly shall
not apply to petitions pending on the effective date of this amendatory Act of
the 91st General Assembly.
(Source: P.A. 91-46, eff. 6-30-99.)
|
(105 ILCS 5/7-2c)
Sec. 7-2c.
Change of school district boundaries following annexation of
vacant and unincorporated territory to a contiguous municipality.
Notwithstanding any other provision of this Code, any contiguous portion of
an elementary school district may be detached from
that district and
annexed to an adjoining elementary school district, and any contiguous portion
of a high school district may be detached from that district and annexed to an
adjoining high school district, upon a petition or petitions filed under this
Section, when all of the following conditions are met with respect to each
petition so filed:
(1) The portion of the district to be so detached and
| | annexed to an adjoining elementary or high school district consists of not more than 160 acres of vacant land that is located in an unincorporated area of a county of 2,000,000 or more inhabitants and, on the effective date of this amendatory Act of 1997, is contiguous to one municipality that is (i) wholly outside the elementary or high school district from which the vacant land is to be detached and (ii) located entirely within the territorial boundaries of the adjoining elementary or high school district to which the vacant land is to be annexed.
|
|
(2) The equalized assessed valuation of the taxable
| | property located in the portion of the district that is to be so detached and annexed to the adjoining elementary or high school district constitutes less than 1% of the equalized assessed valuation of the taxable property of the district from which it is to be detached.
|
|
(3) The portion of the district to be so detached and
| | annexed to the adjoining elementary or high school district is annexed to the contiguous municipality pursuant to a petition for annexation filed and pending with the annexing municipality upon the effective date of this amendatory Act.
|
|
A petition filed under this Section shall be filed with the State
Superintendent of Education and shall be signed by all of the owners of record
of the
vacant land that comprises the portion of the district that is to be detached
and annexed to the adjoining elementary or high school district under the
provisions of this Section. The State Superintendent shall: (i) hold a
hearing on the petition within 90 days after the date of filing; (ii) render a
decision granting or denying the
petition within 30 days after the hearing; and (iii) promptly serve a copy of
the decision by certified mail, return
receipt requested, upon the petitioners and upon the school boards of the
school districts from which the territory described in the petition is sought
to be detached and to which that territory is sought to be annexed.
The State Superintendent of Education has no authority or discretion to hear
any evidence or consider any issues at the hearing except those that may be
necessary to determine whether the limitations and conditions of this Section
have been met.
The State Superintendent of Education: (i) shall give written notice of the
time and place of the hearing, not less than 30 days prior to the date of the
hearing, to the school board of the school district from which the territory
described in the petition is to be detached and to the school board of the
school district to which that territory is to be annexed; and (ii) shall
publish notice of the hearing in a newspaper that is published in the county in
which the territory described in the petition is located and that has
circulation within the school districts whose school boards are entitled to
written notice of the hearing.
In the event that the granting of a petition filed under this Section has
become final, either through failure to seek administrative review or by the
final decision of a court on review, the change in boundaries shall become
effective forthwith and for all purposes, except that if the granting of the
petition becomes final between September 1 and June 30 of any year, the
administration of and attendance at the schools shall not be affected until the
following July 1, when the change in boundaries shall become effective for all
purposes. After the granting of a petition has become final, the date when the
change shall become effective for purposes of administration and attendance may
be accelerated or
postponed by stipulation of the school boards of the school districts from
which the territory described in the petition is detached and to which that
territory is annexed.
The decision of the State Superintendent of Education
shall be deemed an "administrative decision" as defined in Section 3-101 of the
Administrative Review Law, and any petitioner or the school board of a school
district affected by the detachment and annexation of the territory described
in the petition may within 35 days after a copy of the decision sought to be
reviewed was served by certified mail upon the party affected thereby, or upon
the attorney of record for such party, apply for a review of such decision in
accordance with the Administrative Review Law, and all amendments and
modifications thereof and the rules adopted pursuant thereto.
The commencement of any action for review shall operate as a supersedeas, and
no further proceedings shall be had until final disposition of such review.
The circuit court of the county in which the petition is filed with the State
Superintendent of Education shall have sole jurisdiction to entertain a
complaint for such review.
This Section: (i) is not limited by and operates independently of all other
provisions of this Article, and (ii) constitutes complete authority for the
granting or denial by the State Superintendent of Education of a petition filed
under this Section when the conditions prescribed by this Section for the
filing of that petition are met.
(Source: P.A. 90-459, eff. 8-17-97.)
|
(105 ILCS 5/7-2.3) (from Ch. 122, par. 7-2.3)
Sec. 7-2.3.
Annexation to special charter district.
(a) Notwithstanding any provision to the contrary contained in any
special
act or special charter of any school district, annexation of territory to
any city or village under the Illinois Municipal Code after the effective
date of this amendatory Act of 1967 does not constitute annexation of the
territory to the special charter school district nor detachment from any
school district adjacent to the special charter district. Except as
otherwise provided in subsection (b) of this Section, the boundaries of a special charter district may be changed as provided in Sections
7-2.4 through 7-2.7.
(b) If all or any part of a special charter school district is located in
a special charter city, then upon the filing with the governing body of the
special charter school district of a petition to detach the territory described
in the petition from the school district of which that territory forms a part
and to annex that territory to the special charter school district, the
territory described in the petition shall be deemed to be so detached and
annexed to the
special charter school district by operation of law, if all of the following
conditions are met: (i) the petition is signed by at least 51% of the owners of
record and 51% of the electors, if any, residing in the territory described in
the petition; and (ii) the territory described in the petition is located in
the special charter city, is contiguous to the special charter school district,
and does not include any commercially zoned properties that are contiguous to
each other and together constitute in excess of 100 acres of land and are
not separated by a State highway and that are used solely for office/research
and hotel purposes. A certified copy of the petition and the resolution or
order of the governing body of the special charter school district evidencing
the annexation of the territory
described in the petition to the special charter school district by operation
of law shall be mailed by that governing body to each school district affected
and to the regional board or boards of school trustees for the educational
service region or regions in which the affected school districts are located.
A person who is a resident of any territory described in the petition at the
time of its detachment from one school district and its annexation to a special
charter school district under this subsection, and whose child or children are
then attending school in the district from which that territory is being
detached, may elect to have that child or those children and their siblings
attend the schools of the district from which the territory is being detached.
However, in that event the special charter school district shall pay tuition in
the amount provided by law to the school district from which the territory is
detached for each of those children and siblings who attend the schools of that
district.
(Source: P.A. 89-494, eff. 6-21-96.)
|
(105 ILCS 5/7-2.4) (from Ch. 122, par. 7-2.4)
Sec. 7-2.4.
A petition for annexation to or detachment of territory from a
special charter school district must be filed with the governing body of
the special charter district and a certified copy thereof must be sent to
each district affected and to the county board of school trustees of the
county in which the county superintendent has supervision of the district
from which the petition seeks to have territory detached, or if territory
is being detached from more than one county, to the county board of school
trustees of the county in which the county superintendent has supervision
over the greatest portion of such territory. A request for such annexation
or detachment of territory may be initiated by any district affected by
such proposed annexation or detachment of territory by a petition signed by
the board of education and by 25% or 1,000 of the legal voters of the
district, whichever is less, or by 50% of the legal voters residing in any
territory requesting to be annexed or detached. If there are no legal
voters residing within the territory proposed to be detached or annexed,
then the petition may be signed by 50% of the owners of record of the real
estate of the territory.
Where there is only one school building in an approved operating school
district, the building and building site may not be included in any
detachment proceeding unless the petition is signed by 2/3 of the eligible
voters within the entire district wherein the school is located.
(Source: Laws 1967, p. 2540.)
|
(105 ILCS 5/7-2.5) (from Ch. 122, par. 7-2.5)
Sec. 7-2.5.
If no objection to the annexation or detachment of
territory, prayed for in a petition under Section 7-2.4, is filed with
the special charter school district or with the regional board of school
trustees within 30 days after notice of the filing of such petition for
annexation or detachment is given to each district affected, the
annexation or detachment of territory takes effect, subject to Section
7-9 of this Act. However, if an objection to the proposed annexation or
detachment of territory is filed with either the special charter
district or the regional board of school trustees, the regional board of
school trustees, within 15 days after receiving the objection, shall
appoint 2 legal voters from the district or districts under their
jurisdiction and involved in the proposed annexation or detachment of
territory, subject to the approval of the boards of education of the
districts affected, and the board or governing body of the special
charter district shall appoint 2 legal voters from the special charter
district. Those 4 appointees shall meet within 20 days of their
appointment and by a majority vote select 3 persons who reside outside
the jurisdiction of the districts affected by the proposed annexation or
detachment of territory and who have a demonstrated interest and
background in education. If a majority of the original 4 appointees
cannot agree on the selection of the 3 additional members within 20 days
of their appointment, the State Board of Education shall
select the 3 additional persons, subject to the same criteria as
required when selection is by the 4 appointees. The 4 appointees and the
3 additional persons selected under this Section constitute the Hearing
Board and 4 members shall constitute a quorum.
Within 10 days after the Hearing Board has been selected the regional
superintendent of schools of the region in which the special charter
district is located shall call an organization meeting of said Hearing
Board.
(Source: P.A. 81-1508.)
|
(105 ILCS 5/7-2.6) (from Ch. 122, par. 7-2.6)
Sec. 7-2.6.
At its organization meeting, the Hearing Board shall
choose from its membership a chairman and a secretary. The secretary
shall cause a copy of such petition to be sent to each board of any
district involved in the proposed boundary change, and shall cause a
notice thereof to be published once in a newspaper having general
circulation within the area of the territory described in the petition
for the proposed change of boundaries. The petitioners shall pay the
expenses of publishing the notice and of any transcript taken at the
hearing. In case of an appeal from the decision of the Hearing Board,
the appellants shall pay the cost of preparing the record for appeal.
The notice must state when the petition was filed, the description of
the territory, the prayer of the petition, and the day on which the
hearing upon the petition will be held, which day may not be more than
15 nor less than 10 days after the publication of notice. Any additional
expense not enumerated above shall be borne equally by the school
districts involved.
The Hearing Board shall hear the petition and determine the
sufficiency thereof and may adjourn the hearing from time to time or
continue the matter for want of sufficient notice or for other good
cause. The Hearing Board (a) shall hear evidence as to the school needs
and conditions of the territory in the area within and adjacent thereto,
and as to the ability of the districts affected to meet the standards of
recognition as prescribed by the State Board of Education,
(b) shall take into consideration the division of funds and assets which
will result from any change of boundaries, and the will of the people of
the area affected, and (c) shall determine whether it is to the best
interests of the schools of the area and the educational welfare of the
pupils should such change in boundaries be granted.
The Hearing Board may administer oaths, determine the admissibility
of evidence and issue subpoenas for the attendance of witnesses and
subpoena duces tecum for the production of documents. At the hearing any
resident in the territory prescribed in the petition, or any resident in
any district affected by the proposed change of boundaries, may appear
in person or by attorney in support of the petition or to object to the
granting of the petition and may give evidence in support of his or her
position. At the conclusion of the hearing, the Hearing Board shall,
within 30 days, enter an order either granting or denying the petition,
and shall deliver to the petitioners, to all affected districts, to any
person who has filed his or her appearance in writing at the hearing or to any
attorney who appears for any person, to any objector who testified at
such hearing, and to the regional superintendent of schools of each region
in which the territory or any district affected lies, a certified copy
of its order by registered mail.
Within 10 days after service of the certified copy of the order, any
person so served may petition for rehearing and upon sufficient cause
being shown, the Hearing Board may grant a rehearing. The filing of a
petition for rehearing operates as a stay of enforcement until the board
enters its final order on that petition for rehearing.
(Source: P.A. 84-551.)
|
(105 ILCS 5/7-2.7) (from Ch. 122, par. 7-2.7)
Sec. 7-2.7.
The decision of the Hearing Board under Section 7-2.6 is an
"administrative decision" as defined in Section 3-101 of the Code of Civil
Procedure, and any resident who appears at the hearings, or any
petitioner or board of education of any district affected, may, within 35
days after a copy of the decision sought to be reviewed was served by
registered mail upon the party affected thereby, file a complaint for
a review of that decision in accordance with the Administrative Review Law.
The commencement of any action for judicial review operates as a stay of
enforcement, and no further proceedings may be had until final disposition
of such review. Any change in boundaries resulting from the proceedings
under Sections 7-2.4 through 7-2.7 takes effect on the date determined
pursuant to Section 7-9 of this Act.
(Source: P.A. 84-551.)
|
(105 ILCS 5/7-3) (from Ch. 122, par. 7-3)
Sec. 7-3.
Limitation on change of boundaries when bond election pending.
No petition affecting the boundaries of any school district may be filed
under this Article after the district has published the required legal
notice calling an election to authorize the issuance of bonds to be held on
a date not later than 21 days after such publication until the first of the
following events shall have occurred (1) the voters did not authorize the
issuance of the bonds at the election, (2) the bonds have been issued, (3)
the school board of the district has adopted a resolution abandoning its
plan to issue such bonds, or (4) seventy-five days have elapsed since such
election, provided that if proceedings are pending hereunder affecting the
boundaries of such district at the time the notice of such election is
published or if the district is a party to litigation affecting the
legality of its existence or its boundaries at such time, the said
seventy-five days shall not begin to run until the final determination of
such proceedings or litigation and the expiration of the time for review,
appeal or rehearing, and provided that the provisions of this section shall
be applicable only to the first such election called to be held in any one
calendar year.
(Source: Laws 1961, p. 31.)
|
(105 ILCS 5/7-4) (from Ch. 122, par. 7-4)
Sec. 7-4. Requirements for granting petitions. No petition shall be
granted under Section 7-1 or 7-2 of this Code:
(a) If there will be any non-high school territory resulting from
the granting of the petition.
(b) Unless after granting the petition any community unit district,
community consolidated district, elementary district or high school district
created shall have a population of at least
2,000 and an equalized assessed valuation of at least $6,000,000 based
upon the last value as equalized by the Department of Revenue
as of the date of filing of the petition.
(c) Unless the territory within any district so created or any
district whose boundaries are affected by the granting of a petition
shall after the granting thereof be compact and contiguous, except as
provided in Section 7-6 of this Code or as otherwise provided in this subdivision (c). The fact that a district is
divided by territory lying within the corporate limits of the city of
Chicago shall not render it non-compact or non-contiguous. If, pursuant to a petition filed under Section 7-1 or 7-2 of this Code, all of the territory of a district is to be annexed to another district, then the annexing district and the annexed district need not be contiguous if the following requirements are met and documented within 2 calendar years prior to the petition filing date:
(1) the distance between each district administrative
| | office is documented as no more than 30 miles;
|
| (2) every district contiguous to the district wishing
| | to be annexed determines that it is not interested in participating in a petition filed under Section 7-1 or 7-2 of this Code, through a vote of its school board, and documents that non-interest in a letter to the regional board of school trustees containing approved minutes that record the school board vote; and
|
| (3) documentation of meeting these requirements are
| | presented as evidence at the hearing required under Section 7-6 of this Code.
|
| (d) To create any school district with a population of less than
2,000 unless the State Board of Education and the regional
superintendent of schools for the region in which the proposed district
will lie shall certify to the regional board or boards of school trustees
that the creation of such new district will not interfere with the
ultimate reorganization of the territory of such proposed district as a
part of a district having a population of 2,000 or more.
Notwithstanding any other provisions of this Article, the granting or
approval by a regional board or regional boards of school trustees or by the
State Superintendent of Education of a petition that under subsection (b-5) of
Section 7-6 is required to request the submission of a proposition at a regular
scheduled election for the purpose of voting for or against the annexation of
the territory described in the petition to the
school district proposing to annex that territory is subject to, and any change
in school district boundaries pursuant to the granting of the petition shall
not be made except upon, approval of the proposition at the election in the
manner provided by Section 7-7.7.
(Source: P.A. 98-125, eff. 8-2-13.)
|
(105 ILCS 5/7-4.1) (from Ch. 122, par. 7-4.1)
Sec. 7-4.1.
Copies of petition.
Each petition submitted under the provisions of Section 7-1 or 7-2
shall be accompanied by sufficient copies thereof for distribution to the
board of each school district involved. The copies need not be signed by
the petitioners as is required of the original petition.
(Source: Laws 1963, p. 3037 .)
|
(105 ILCS 5/7-5) (from Ch. 122, par. 7-5)
Sec. 7-5.
Detachment set aside upon petition.
If there is a recognized school district which as a result of detachment
is without a school building, the detachment may be set aside by the county
board of school trustees of the county over which the county superintendent
of schools had supervision and control prior to the detachment upon
petition by two-thirds of the eligible voters in the school district after
such detachment and the detached area. The county board of school trustees
shall conduct a hearing upon the petition as prescribed and in the manner
provided in Section 7-6.
(Source: Laws 1961, p. 31 .)
|
(105 ILCS 5/7-6) (from Ch. 122, par. 7-6)
Sec. 7-6. Petition filing; Notice; Hearing; Decision.
(a) Upon the filing of a petition with the secretary of the regional board
of school trustees under the provisions of Section 7-1 or 7-2 of this
Act the secretary shall cause a copy of such petition to be given to
each board of any district involved in the proposed boundary change and
shall cause a notice thereof to be published once in a newspaper having
general circulation within the area of the territory described in the
petition for the proposed change of boundaries.
(b) When a joint hearing is required under the provisions of Section
7-2, the secretary also shall cause a copy of the notice to be sent to the
regional board of school trustees of each region affected. Notwithstanding
the foregoing provisions of this Section, if the secretary of the regional
board of school trustees with whom a petition is filed under Section 7-2 fails,
within 30 days after the filing of such petition, to cause notice thereof
to be published and sent as required by this Section, then the secretary of
the regional board of school trustees of any other region affected may
cause the required notice to be published and sent, and the joint hearing
may be held in any region affected as provided in the notice so
published.
(b-5) If a petition filed under subsection (a) of Section 7-1 or under
Section 7-2 proposes to annex all the territory of a school district to another
school district, the petition shall request the
submission of a proposition at a regular scheduled election for the purpose of
voting for or against the annexation of the
territory described in the petition to the school district proposing to annex
that territory. No petition filed or election held under this Article shall be
null and void, invalidated, or deemed in noncompliance with the Election Code
because of a failure to publish a notice with respect to the petition or
referendum as required under subsection (g) of Section 28-2 of that Code for
petitions that are not filed under this Article or Article 11E
of this Code.
(c) When a petition contains more than 10 signatures the petition shall
designate a committee of 10 of the petitioners as attorney in fact for all
petitioners, any 7 of whom may make binding stipulations on behalf of all
petitioners as to any question with respect to the petition or hearing or
joint hearing, and the regional board of school trustees, or regional
boards of school trustees in cases of a joint hearing may accept such
stipulation in lieu of evidence or proof of the matter stipulated. The
committee of petitioners shall have the same power to stipulate to
accountings or waiver thereof between school districts; however, the
regional board of school trustees, or regional boards of school trustees in
cases of a joint hearing may refuse to accept such stipulation.
Those designated as the committee of 10 shall serve in that capacity until
such time as the regional superintendent of schools or the committee of 10
determines that, because of death, resignation, transfer of residency from the
territory, or failure to qualify, the office of a particular member of the
committee of 10 is vacant. Upon determination that a vacancy exists, the
remaining members shall appoint a petitioner to fill the designated vacancy on
the committee of 10. The appointment of any new members by the committee of 10
shall be made by a simple majority vote of the remaining designated members.
(d) The petition may be amended to withdraw not to exceed a total of 10%
of the territory in the petition at any time prior to the hearing or joint
hearing; provided that the petition shall after amendment comply with the
requirements as to the number of signatures required on an original petition.
(e) The petitioners shall pay the expenses of publishing the notice and
of any transcript taken at the hearing or joint hearing; and in case of an
appeal from the decision of the regional board of school trustees, or
regional boards of school trustees in cases of a joint hearing, or State
Superintendent of Education in cases determined under subsection (l) of
this Section, the appellants shall pay the cost of preparing the record
for appeal.
(f) The notice shall state when the petition was filed, the description
of the territory, the prayer of the petition and the return day on which
the hearing or joint hearing upon the petition will be held which shall not
be more than 15 nor less than 10 days after the publication of notice.
(g) On such return day or on a day to which the regional board of school
trustees, or regional boards of school trustees in cases of a joint
hearing shall continue the hearing or joint hearing the regional board of
school trustees, or regional boards of school trustees in cases of a joint
hearing shall hear the petition but may adjourn the hearing or joint
hearing from time to time or may continue the matter for want of sufficient
notice or other good cause.
(h) Prior to the hearing or joint hearing the secretary of the regional
board of school trustees shall submit to the regional board of school trustees,
or regional boards of school trustees in cases of a joint hearing maps showing
the districts involved, a written report of financial and educational
conditions of districts involved and the probable effect of the proposed
changes. The reports and maps submitted shall be made a part of the record of
the proceedings of the regional board of school trustees, or regional boards of
school trustees in cases of a joint hearing. A copy of the report and maps
submitted shall be sent by the secretary of the regional board of school
trustees to each board of the districts involved, not less than 5 days prior to
the day upon which the hearing or joint hearing is to be held.
(i) The regional board of school trustees, or regional boards of school
trustees in cases of a joint hearing shall hear evidence as to the school
needs and conditions of the territory in the area within and adjacent
thereto and as to the ability of the districts affected to meet the
standards of recognition as prescribed by the State Board of Education, and
shall take into consideration the division of funds and assets which will
result from the change of boundaries and shall determine whether it is to
the best interests of the schools of the area and the educational welfare
of the pupils that such change in boundaries be granted, and in case
non-high school territory is contained in the petition the normal high
school attendance pattern of the children shall be taken into
consideration. If the non-high school territory overlies an elementary
district, a part of which is in a high school district, such territory may
be annexed to such high school district even though not contiguous to the
high school district. However, upon resolution by the regional board of
school trustees, or regional boards of school trustees in cases of a joint
hearing the secretary or secretaries thereof shall conduct the hearing or
joint hearing upon any boundary petition and present a transcript of such
hearing to the trustees who shall base their decision upon the transcript,
maps and information and any presentation of counsel.
(j) At the hearing or joint hearing any resident of the territory described
in the petition or any resident in any district affected by the proposed change
of boundaries may appear in person or by an attorney in support of the
petition or to object to the granting of the petition and may present
evidence in support of his position.
(k) At the conclusion of the hearing, other than a joint hearing,
the regional superintendent of schools as ex officio member of the regional
board of school trustees shall within 30 days enter an order either
granting or denying the petition and shall deliver to the committee of
petitioners, if any, and any person who has filed his appearance in
writing at the hearing and any attorney who appears for any person and
any objector who testifies at the hearing and the regional superintendent
of schools a certified copy of its order.
(l) Notwithstanding the foregoing provisions of this Section, if
within 9 months after a petition is submitted under the provisions of
Section 7-1 the petition is not approved or denied by the regional board of
school trustees and the order approving or denying that petition entered and
a copy thereof served as provided in this Section, the school boards or
registered voters of the districts affected that submitted the petition (or
the committee of 10, or an attorney acting on its behalf, if designated
in the petition) may submit a copy of the petition directly to the State
Superintendent of Education for approval or denial. The copy of the petition
as so submitted shall be accompanied by a record of all proceedings had with
respect to the petition up to the time the copy of the petition is submitted to
the State Superintendent of Education (including a copy of any notice given or
published, any certificate or other proof of publication, copies of any maps or
written report of the financial and educational conditions of the school
districts affected if furnished by the secretary of the regional board of
school trustees, copies of any amendments to the petition and stipulations
made, accepted or refused, a transcript of any hearing or part of a hearing
held, continued or adjourned on the petition, and any orders entered with
respect to the petition or any hearing held thereon). The school boards,
registered voters or committee of 10 submitting the petition and record of
proceedings to the State Superintendent of Education shall give written notice
by certified mail, return receipt requested to the regional board of school
trustees and to the secretary of that board that the petition has been
submitted to the State Superintendent of Education for approval or denial, and
shall furnish a copy of the notice so given to the State Superintendent of
Education. The cost of assembling the record of proceedings for submission to
the State Superintendent of Education shall be the responsibility of the school
boards, registered voters or committee of 10 that submits the petition and
record of proceedings to the State Superintendent of Education. When a
petition is submitted to the State Superintendent of Education in accordance
with the provisions of this paragraph:
(1) The regional board of school trustees loses all
| | jurisdiction over the petition and shall have no further authority to hear, approve, deny or otherwise act with respect to the petition.
|
|
(2) All jurisdiction over the petition and the right
| | and duty to hear, approve, deny or otherwise act with respect to the petition is transferred to and shall be assumed and exercised by the State Superintendent of Education.
|
|
(3) The State Superintendent of Education shall not
| | be required to repeat any proceedings that were conducted in accordance with the provisions of this Section prior to the time jurisdiction over the petition is transferred to him, but the State Superintendent of Education shall be required to give and publish any notices and hold or complete any hearings that were not given, held or completed by the regional board of school trustees or its secretary as required by this Section prior to the time jurisdiction over the petition is transferred to the State Superintendent of Education.
|
|
(4) If so directed by the State Superintendent of
| | Education, the regional superintendent of schools shall submit to the State Superintendent of Education and to such school boards as the State Superintendent of Education shall prescribe accurate maps and a written report of the financial and educational conditions of the districts affected and the probable effect of the proposed boundary changes.
|
|
(5) The State Superintendent is authorized to conduct
| | further hearings, or appoint a hearing officer to conduct further hearings, on the petition even though a hearing thereon was held as provided in this Section prior to the time jurisdiction over the petition is transferred to the State Superintendent of Education.
|
|
(6) The State Superintendent of Education or the
| | hearing officer shall hear evidence and approve or deny the petition and shall enter an order to that effect and deliver and serve the same as required in other cases to be done by the regional board of school trustees and the regional superintendent of schools as an ex officio member of that board.
|
|
(m) Within 10 days after the conclusion of a joint hearing required under
the provisions of Section 7-2, each regional board of school trustees shall
meet together and render a decision with regard to the joint hearing on the
petition. If the regional boards of school trustees fail to enter a joint
order either granting or denying the petition, the regional superintendent
of schools for the educational service region in which the joint hearing is
held shall enter an order denying the petition, and within 30 days after the
conclusion of the joint hearing shall deliver a copy of the order denying the
petition to the regional boards of school trustees of each region affected,
to the committee of petitioners, if any, to any person who has filed his
appearance in writing at the hearing and to any attorney who appears for
any person at the joint hearing. If the regional boards of school trustees
enter a joint order either granting or denying the petition, the regional
superintendent of schools for the educational service region in which the
joint hearing is held shall, within 30 days of the conclusion of the
hearing, deliver a copy of the joint order to those same committees and
persons as are entitled to receive copies of the regional superintendent's
order in cases where the regional boards of school trustees have failed to
enter a joint order.
(n) Within 10 days after service of a copy of the order granting or
denying the petition, any person so served may petition for a rehearing
and, upon sufficient cause being shown, a rehearing may be granted. The
filing of a petition for rehearing shall operate as a stay of enforcement
until the regional board of school trustees, or regional boards of school
trustees in cases of a joint hearing, or State Superintendent of Education
in cases determined under subsection (l) of this Section enter the final
order on such petition for rehearing.
(o) If a petition filed under subsection (a) of Section 7-1 or under
Section 7-2 is required under the provisions of subsection (b-5) of this
Section 7-6 to request submission of a proposition at a regular scheduled
election for the purpose of voting for or against the annexation of the
territory described in the petition to the
school district proposing to annex that territory, and if the petition is
granted or approved by the regional board or regional boards of school trustees
or by the State Superintendent of Education, the proposition shall be placed on
the ballot at the next regular scheduled election.
(Source: P.A. 94-1019, eff. 7-10-06.)
|
(105 ILCS 5/7-7) (from Ch. 122, par. 7-7)
Sec. 7-7.
Administrative Review Law.
The decision of the regional board
of school trustees, or the decision of the regional boards of school
trustees following a joint hearing, or the decision of the State
Superintendent of Education in cases determined pursuant to subsection (l)
of Section 7-6, shall be 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 or board of education of any district
affected may within 35 days after a copy of the decision sought to be
reviewed was served by registered mail upon the party affected thereby file
a complaint for a judicial review of such decision in accordance with the
Administrative Review Law and the rules adopted pursuant thereto. The
commencement of any action for judicial review shall operate as a stay of
enforcement, and no further proceedings shall be had until final
disposition of such review. If the transcript of the hearing is required to
be presented to another county board of school trustees the
time within which a complaint for review must be filed shall not begin to
run until the decision of the regional board of school trustees hearing
the petition has been granted or denied by the regional board of school
trustees conducting a hearing on the transcript. The circuit court of the
county in which the petition is filed with the regional board of school
trustees shall have sole jurisdiction to entertain a complaint for such
review when only one regional board of school trustees must act; however,
when the regional boards of school trustees act following a joint hearing,
the circuit court of the county in which the joint hearing on the original
petition is conducted shall have sole jurisdiction of the complaint for
such review.
(Source: P.A. 87-210.)
|
(105 ILCS 5/7-7.5)
Sec. 7-7.5.
Holding of elections.
(a) Elections provided by this Article shall be conducted in accordance
with the general election law.
(b) The notice shall be in substantially the following form:
NOTICE OF REFERENDUM FOR ANNEXATION
BY ..... (Name of Annexing District)
OF ALL TERRITORY OF ..... (Name Of
District Or Districts All Of
Whose Territory Is To Be Annexed)
NOTICE is hereby given that on (insert date), a | | referendum will be held in part(s) of ...... County (Counties) for the purpose of voting for or against the proposition to annex all of the territory comprising ..... (name of each such school district) of ....... County, Illinois to ..... (name of annexing school district) of ...... County, Illinois.
|
|
The territory which now comprises all of the
| | territory of ..... (name of the school district or districts) of ...... County, Illinois, which territory is the same as the territory which is proposed to be annexed to ..... (name of annexing school district) of ....... County, Illinois, is described as follows: (Here describe such territory.)
|
|
The territory which now comprises ..... (name of
| | annexing school district) of ....... County, Illinois, which district it is proposed shall annex the territory above described in this Notice, is described as follows: (Here describe such territory.)
|
|
The election is called and will be held pursuant to
| | an order of the regional board of school trustees (or, State Superintendent of Education) dated on (insert date), which order states that the change of boundaries pursuant to the annexation granted or approved by the order shall be made if a majority of those voters in each of the affected school districts who vote on the proposition at the election vote in favor thereof.
|
|
Dated (insert date).
Regional Board of School Trustees (or State
Superintendent of Education)
By....................................
(Source: P.A. 90-459, eff. 8-17-97; 91-357, eff. 7-29-99.)
|
(105 ILCS 5/7-7.6)
Sec. 7-7.6.
Ballots.
The ballot shall be in substantially the following
form:
OFFICIAL BALLOT
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the following described territory comprising all of the territory of ..... (name of school district or YES districts) of ...... County, Illinois be annexed to and made a part of ..... - - - - - - - - - - - - - - - - - - - - -
(name of annexing school district) of ....... County, Illinois? NO (Here describe such territory.)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(Source: P.A. 90-459, eff. 8-17-97 .)
|
(105 ILCS 5/7-7.7)
Sec. 7-7.7.
Passage requirements.
The proposition for the annexation of
all of the territory of one or more school districts to another school district
shall be submitted to the voters of the annexing district and the voters of
each
district all of the territory of which is to be annexed to the annexing
district, and if a majority of the voters in each such district who vote on the
proposition vote in favor of the proposition, the proposition shall be deemed
to have passed.
(Source: P.A. 90-459, eff. 8-17-97.)
|
(105 ILCS 5/7-8) (from Ch. 122, par. 7-8)
Sec. 7-8.
Limitation on successive petitions.
No territory, nor any part thereof,
which is involved in any proceeding
to change the boundaries of a school district by detachment from or
annexation to such school district of such territory, and which is not so
detached nor annexed, shall be again involved in proceedings to change the
boundaries of such school district
for at least two years after final
determination of such first proceeding unless during that 2 year period a
petition filed is substantially different than any other previously filed
petition during the previous 2 years or if a school district involved is
placed on academic watch status
or the financial
watch list by the State Board of Education or is certified as being in
financial difficulty during that 2 year
period or if such first proceeding involved a petition brought under
Section 7-2b of this Article 7.
(Source: P.A. 93-470, eff. 8-8-03.)
|
(105 ILCS 5/7-9) (from Ch. 122, par. 7-9)
Sec. 7-9.
Effective date of change.
In case a petition is filed for the creation of or the change of
boundaries of or for an election to vote upon a proposition of
creating or annexing territory to a school district after August
1, as provided in this Article, and the change is granted
or the election carries, and no appeal is taken such change shall become
effective after the time for appeal has run for the purpose of all
elections; however, the change shall not affect the administration of
the schools until July 1 following the date the petition is granted or
upon which the election is held and the school boards of the districts
as they existed prior to the change shall exercise the same power and
authority over such territory until such date; however, new districts
shall be permitted to organize and elect officers within the time
prescribed by the general election law.
In the event that the granting of a petition has become final, either
through failure to seek Administrative Review or by the final decision
of a court on review, the change in boundaries shall become effective
forthwith. However, if the granting of the petition becomes final
between September 1 and June 30 of any year, the administration of and
attendance at the schools shall not be affected until the following July
1, when the change in boundaries shall become effective for all
purposes. After the granting of a petition has become final, the date
when the change shall become effective for purposes of administration
and attendance may be accelerated or postponed by stipulation of each of
the school boards of each district affected and approved by the regional
board of school trustees or by the board of a special charter district
with which the original petition is required to be filed.
(Source: P.A. 90-459, eff. 8-17-97.)
|
(105 ILCS 5/7-10) (from Ch. 122, par. 7-10)
Sec. 7-10.
Map
showing change-Filed.
Within thirty days after the boundaries of any school district have been
changed or a new district created under any of the provisions of this
Article the county superintendent of schools of any county involved shall
make and file with the county clerk of his county a map of any districts
involved in any change of boundaries or creation of a new district
whereupon the county clerks shall extend taxes against the territory in
accordance therewith: Provided that if an action to review such decision
under Section 7-7 is taken, the County Superintendent of Schools shall not
file the map with the county clerk until after he is served with a
certified copy of the order of the final disposition of such review.
(Source: Laws 1961, p. 31 .)
|
(105 ILCS 5/7-11) (from Ch. 122, par. 7-11)
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
territory to a school district under the supervision of the regional
superintendent of another educational service region 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
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
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.
The regional board of school trustees shall give notice of
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
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
evidence as to the school needs and conditions of the territory and of the
area within and adjacent thereto, and shall take 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
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.
The decision of the regional board of school trustees in
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
thereby file a complaint for the judicial review of
such decision in accordance with the "Administrative Review Law", 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.
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
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
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.
(Source: P.A. 97-656, eff. 1-13-12.)
|
(105 ILCS 5/7-12) (from Ch. 122, par. 7-12)
Sec. 7-12.
Termination of office.
Upon the close of the then current school year during which any school
district is annexed to another school district under any of the provisions
of this Article, the terms of office of the school directors or board of
education members of the annexed school district shall be terminated and
the school board of the annexing district shall perform all the duties and
have all the powers of the school board of the annexed district. The
annexing district as it is constituted on and after the time of such
annexation shall receive all the assets and assume all the obligations and
liabilities including the bonded indebtedness of the original annexing
district and of the district annexed. The tax rate for such assumed bonded
indebtedness shall be determined in the manner provided in Article 19 of
this Act.
(Source: Laws 1961, p. 31.)
|
(105 ILCS 5/7-13) (from Ch. 122, par. 7-13)
Sec. 7-13.
Election ordered by Regional Superintendent.
Upon the creation of a new school district under any of the
provisions of this Article the regional superintendent of schools shall
order an election for the purpose of electing a school board
for such district in the manner provided by the general election law and
in Article 9 of this Act for the
election of school boards.
(Source: P.A. 81-1490.)
|
(105 ILCS 5/7-14) (from Ch. 122, par. 7-14)
Sec. 7-14. Bonded indebtedness-Tax rate.
(a) Except as provided in subsection (b), whenever the boundaries of any
school district are changed by the annexation or detachment of territory, each
such district as it exists on and after such action shall assume the bonded
indebtedness, as well as financial obligations to the Capital Development Board
pursuant to Section 35-15 (now repealed) of this
Code, of all the territory included
therein after such change. The tax rate for bonded indebtedness shall be
determined in the manner provided in Section 19-7 of this Act, except the
County Clerk shall annually extend taxes against all the taxable property
situated in the county and contained in each such district as it exists after
the action. Notwithstanding the provisions of this subsection, if the
boundaries of a school district are changed by annexation or detachment of
territory after June 30, 1987, and prior to September 15, 1987, and if the
school district to which territory is being annexed has no outstanding
bonded indebtedness on the date such annexation occurs, then the annexing
school district shall not be liable for any bonded indebtedness of the
district from which the territory is detached, and the school district from
which the territory is detached shall remain liable for all of its bonded
indebtedness.
(b) Whenever a school district with bonded indebtedness has become dissolved
under this Article and its territory annexed to another district, the
annexing district or districts shall not, except by action pursuant to
resolution of the school board of the annexing district prior to the effective
date of the annexation, assume the bonded indebtedness of the dissolved
district; nor, except by action pursuant to resolution of the school
board of the dissolving district, shall the territory of the dissolved
district assume the bonded indebtedness of the annexing district or districts.
If the annexing district or districts do not assume the bonded indebtedness of
the dissolved district, a tax rate for the bonded indebtedness shall be
determined in the manner provided in Section 19-7, and the county clerk or
clerks shall annually extend taxes for each outstanding bond issue against
all the taxable property that was situated within the boundaries of the
district as the boundaries existed at the time of the issuance of each bond
issue regardless of whether the property is still contained in that same
district at the time of the extension of the taxes by the county clerk
or clerks.
(c) Notwithstanding the provisions of Section 19-18 of this Code, upon resolution of the school board, the county clerk must extend taxes to pay the principal of and interest on any bonds issued exclusively to refund any bonded indebtedness of the annexing school district against all of the taxable property that was situated within the boundaries of the annexing district as the boundaries existed at the time of the issuance of the bonded indebtedness being refunded and not against any of the taxable property in the dissolved school district, provided that (i) the net interest rate on the refunding bonds may not exceed the net interest rate on the refunded bonds, (ii) the final maturity date of the refunding bonds may not extend beyond the final maturity date of the refunded bonds, and (iii) the tax levy to pay the refunding bonds in any levy year may not exceed the tax levy that would have been required to pay the refunded bonds for that levy year. The provisions of this subsection (c) are applicable to school districts that were dissolved and their territory annexed to another school district pursuant to a referendum held in April of 2003. The provisions of this subsection (c), other than this sentence, are inoperative 2 years after the effective date of this amendatory Act of the 95th General Assembly.
(Source: P.A. 94-1105, eff. 6-1-07; 95-1025, eff. 1-6-09.)
|
(105 ILCS 5/7-14A) (from Ch. 122, par. 7-14A)
Sec. 7-14A. Annexation Compensation. There shall be no accounting
made after a mere change in boundaries when no new district is created, except that those districts whose enrollment increases by 90% or more as a result of annexing territory detached from another district pursuant to this Article are eligible for supplementary State aid payments in accordance with Section 11E-135 of this Code. Eligible annexing districts shall apply to the State Board of Education for supplementary State aid payments by submitting enrollment figures for the year immediately preceding and the year immediately following the effective date of the boundary change for both the district gaining territory and the district losing territory. Copies of any intergovernmental agreements between the district gaining territory and the district losing territory detailing any transfer of fund balances and staff must also be submitted. In all instances of changes in boundaries,
the district losing territory shall
not count the average daily attendance of pupils living in the territory
during the year preceding the effective date of the boundary change in its
claim for reimbursement under Section 18-8 for the school year following
the effective date of the change in boundaries and the district receiving
the territory shall count the average daily attendance of pupils living in
the territory during the year preceding the effective date of the boundary
change in its claim for reimbursement under Section 18-8 for the school
year following the effective date of the change in boundaries. The changes to this Section made by this amendatory Act of the 95th General Assembly are intended to be retroactive and applicable to any annexation taking effect on or after July 1, 2004.
(Source: P.A. 95-707, eff. 1-11-08.)
|
(105 ILCS 5/7-27) (from Ch. 122, par. 7-27)
Sec. 7-27.
Annexation of territory eliminated from non-high school district.
When any territory is eliminated from a non-high school district by the
provisions of Section 12-24 of this Act, the county board of school
trustees of the county in which such territory lies shall within thirty
days after such date hold one or more public hearings with respect to the
attachment of such territory to one or more districts maintaining grades
nine to twelve, each inclusive.
Notice of such hearing shall be given in writing by the county board of
school trustees to each elementary school board in the territory to be
considered at the hearing and to each school board of any district
adjoining such territory maintaining grades nine to twelve, each inclusive.
The notice shall be published once at least ten days before such hearing in
a newspaper of general circulation in the territory and of general
circulation in the districts adjoining such territory maintaining grades
nine to twelve, each inclusive. The notice shall describe the territory to
be annexed and shall give the time and place of the hearing.
The county board of school trustees shall hold a hearing and annex the
territory to the district that they determine will best serve the interests
of the pupils in the area and will best serve the educational welfare of
the pupils in the area and to which the pupils of the underlying elementary
school district normally attend high school where possible. The order
annexing the territory shall be issued not more than ten days after the
hearing and shall be effective immediately unless the order provides for
the attachment of the eliminated non-high school territory to a district in
an adjacent county or to a district whose school board is elected and has
been given the powers of school trustees in which case a copy thereof,
certified by the secretary of the county board of school trustees making
such annexation, shall be given to the county board of school trustees in
the adjacent county or to the school board in the district whose board is
elected and has been given the powers of school trustees. Upon receipt of
such order the county board of school trustees or school board, as the case
may be, shall give 10 days notice of the hearing once in a newspaper of
general circulation in the district and shall give a notice in writing by
registered mail at least 10 days prior to the hearing to each school board
which was given notice of the hearing conducted by the county board of
school trustees of the county in which the territory is located. The notice
shall describe the territory to be annexed and give the time and place of
the hearing. The board conducting the hearing shall make its determination
based upon the same factors as the county board of school trustees wherein
the territory is located is required to consider and shall issue an order
not more than ten days after such hearing either approving or rejecting the
original order. The order rejecting or approving the annexation shall be
effective immediately.
If the former non-high school territory is annexed to a district
maintaining grades one to twelve, each inclusive, the elementary district,
or parts thereof, underlying the territory which is annexed shall
automatically be detached from such elementary district and become a part
of the district to which the territory is annexed. Any order of the county
board of school trustees concerning annexation of territory which was
eliminated from the non-high school district from which an appeal is
pending on June 30, 1955, shall be valid unless reversed by higher
authority.
The action of the county board of school trustees and other elected
boards having the power of school trustees shall be subject to review as
provided in Section 7-7 of this Act, and when a review is made of the
action wherein two separate county boards of school trustees acted then
such review shall be of the action of both boards, and shall be before the
circuit court of the county in which the non-high school territory is
located.
(Source: Laws 1967, p. 470 .)
|
(105 ILCS 5/7-28) (from Ch. 122, par. 7-28)
Sec. 7-28.
Title to school sites and buildings.
(a) On the effective date of this amendatory Act of 1993: (i) the legal
title to all school buildings and school sites used or occupied for school
purposes by a school district located in a Class I county school unit, or held
for the use of any such school district by and in the name of the regional
board of school trustees, shall vest in the school board of the school
district, and the legal title to those school buildings and school sites shall
be deemed transferred by operation of law to the school board of the school
district, to be used for school purposes and held, sold, leased, exchanged, or
otherwise transferred in accordance with law; and (ii) the legal title to all
school buildings and school sites used or occupied for school purposes by a
school district that is located in a Class II county school unit and that has
withdrawn from the jurisdiction and authority of the trustees of schools of a
township and the township treasurer under subsection (b) of Section 5-1, or
held for the use of any such school district by and in the name of the regional
board of school trustees at the time that regional board of school trustees was
abolished by P.A. 87-969, shall vest in the school board of the school
district, and the legal title to those school buildings and school sites shall
be deemed transferred by operation of law to the school district, to be used
for school purposes and held, sold, leased, exchanged or otherwise transferred
in accordance with law.
(b) The school board of each school district to which subsection (a) of
this
Section is applicable may
receive any gift, grant, donation or legacy made for the use of any school
or for any school purpose within their jurisdiction, and shall succeed to
any gift, grant, donation or legacy heretofore received by the regional board
of school trustees, either from the township
school trustees within their jurisdiction or from any other source, for the
use of any school of the district served by the school board or for
any other school purpose of that school district. All conveyances of real estate
made to the school board of a school district under this Section shall be made to the school board in
its corporate name and to its successors in
office.
(c) All school
districts and high school districts may take and convey title to real
estate to be improved by buildings or other structures for vocational or
other educational training as provided in Section 10-23.3.
(d) Nothing in this Section shall be deemed to apply to any common school
lands or lands granted or exchanged therefor, or to the manner in which such
lands are managed and controlled for the use and benefit of the school township
and the schools of the township by the township land commissioners, the
regional board of school trustees (acting as the township land commissioners),
or the trustees of schools of the township, which hold legal title to those
lands; and they may continue to receive gifts, grants, donations or legacies
made for the use of the school township and for the schools of the township
generally in the same manner as such gifts, grants, donations, or legacies were
made prior to the effective date of this amendatory Act of 1993.
(Source: P.A. 87-473; 88-155.)
|
(105 ILCS 5/7-29) (from Ch. 122, par. 7-29)
Sec. 7-29.
Limitation on contesting boundary change.
Neither the People of the State of Illinois nor any person, corporation,
private or public, nor any association of persons shall commence an action
contesting either directly or indirectly the annexation of any territory to
a school district or the creation of any new school district unless within
2 years after the order annexing the territory or creating the new
district shall have become final or within 2 years after the date of the
election creating the new school district if no proceedings to contest such
election are duly instituted within the time permitted by law, or within
two years after the final disposition of any proceedings which may be so
instituted to contest such election; however where a limitation of a
shorter period is prescribed by statute such shorter limitation shall
apply, and the limitation set forth in this section shall not apply to any
order where the judge, body or officer entering the order annexing the
territory or creating the new district did not at the time of the entry of
such order have jurisdiction of the subject matter.
(Source: P.A. 86-1334.)
|
(105 ILCS 5/7-30) (from Ch. 122, par. 7-30)
Sec. 7-30.
Distribution of accumulated funds.
Whenever there has been an accumulation of school funds in the
possession of county collectors in counties in which, after a
reorganization of school districts, there has been no distribution of such
funds for a period of 3 years, such funds shall be distributed as follows:
Each district which lies in whole or in part within such county shall
receive that proportion of the funds computed by dividing the number of
students in such county enrolled in the common schools of that district by
the total number of students in the county enrolled in all common schools.
Each such county collector shall obtain from the county superintendent
of schools the necessary enrollment figures and shall thereupon distribute
such funds as hereinabove provided for.
(Source: Laws 1961, p. 31.)
|
|