(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.)
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(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.)
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(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 |
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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.
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(2) The equalized assessed valuation of the taxable
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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.
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(3) The portion of the district to be so detached
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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.
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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.)
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(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.)
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(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 7A, 11A, 11B, or 11D
of the School 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 |
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jurisdiction over the petition and shall have no further authority to hear, approve, deny or otherwise act with respect to the petition.
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(2) All jurisdiction over the petition and the right
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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.
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(3) The State Superintendent of Education shall not
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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.
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(4) If so directed by the State Superintendent of
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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.
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(5) The State Superintendent is authorized to
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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.
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(6) The State Superintendent of Education or the
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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.
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(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. 90‑459, eff. 8‑17‑97.)
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(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 |
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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.
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The territory which now comprises all of the
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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.)
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The territory which now comprises ..... (name of
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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.)
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The election is called and will be held pursuant to
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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.
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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.)
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(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. 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 under subsection (A)(5)(m) of Section
18‑8 or subsection (I) of Section 18‑8.05 and under Sections 18‑8.2 and
18‑8.3 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 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. 90‑548, eff. 1‑1‑98.)
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(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.)
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