2005 Illinois 105 ILCS 5/      School Code. Article 7A - Unit School District Conversion In Districts With Not More Than 250 Students In Grades 9 Through 12


      (105 ILCS 5/Art. 7A heading)
ARTICLE 7A. UNIT SCHOOL DISTRICT CONVERSION
IN DISTRICTS WITH NOT MORE THAN 250 STUDENTS
IN GRADES 9 THROUGH 12

    (105 ILCS 5/7A‑1) (from Ch. 122, par. 7A‑1)
    Sec. 7A‑1. Unit school district conversion in unit districts with not more than 250 students in grades 9 through 12. A unit school district maintaining grades kindergarten through 12 and having not more than a total of 250 students enrolled in grades 9 through 12, whether located in one or more than one educational service region, may be dissolved and converted into an elementary school district maintaining grades kindergarten through 8 if: (i) the elementary school district to be so created includes all of the territory within the unit school district to be so dissolved; (ii) an existing high school district maintaining grades 9 through 12 is contiguous to territory within the unit school district to be so dissolved and as part of the proceedings by which the elementary school district is to be so created is to concurrently annex all of the territory within the unit school district which is to be so dissolved; (iii) the State Superintendent of Education approves a petition for the dissolution of such unit school district, the creation of such elementary school district and the annexation of such territory by such high school district which petition is filed by the boards of each district affected or by 10% of the voters residing in each district affected; and (iv) the petition is approved at an election, by a majority of the electors voting at such election in each district affected, called for the purpose of approving or denying the petition.
    Nothing in this Article shall be deemed to apply to or to authorize the dissolution of any unit school district, the creation of an elementary school district therefrom and the annexation of the same territory to an existing contiguous high school district unless the unit school district proposed to be so dissolved has a total of 250 or fewer students enrolled in grades 9 through 12 at the time the petition is filed.
    The existing high school district, excluding the territory proposed to be annexed thereto, shall be deemed to constitute one "district affected", and the unit school district proposed to be dissolved shall constitute the other "district affected" as that term is used in this Article. No other school district in any educational service region shall constitute a "district affected" as that term is used in this Article.
(Source: P.A. 86‑13.)

    (105 ILCS 5/7A‑2) (from Ch. 122, par. 7A‑2)
    Sec. 7A‑2. Petition filing; notice; hearing; decision. Any petition to dissolve a unit school district, create an elementary school district therefrom and annex the same territory to a contiguous high school district as provided in Section 7A‑1 shall be filed with the regional superintendent of schools of the educational service region in which the territory described in the petition or the greater portion of the equalized assessed valuation of such territory is situated, signed by at least 10% of the voters residing within each district affected or by the boards of each district affected. The petition shall: (i) request the submission of the proposition at a regular scheduled election for the purpose of voting for or against the dissolution of such unit school district, creation of an elementary school district therefrom and annexation of the same territory to an existing contiguous high school district as provided in Section 7A‑1; (ii) describe the territory of the unit school district proposed to be dissolved which shall be stated in the petition to be the same as the territory comprising the proposed elementary school district and the same as the territory proposed to be annexed to the existing contiguous high school district; (iii) describe the territory of the existing high school district to which the territory proposed to be annexed is contiguous; and (iv) set forth the maximum tax rates for educational and operations, building and maintenance purposes and the purchase of school grounds, pupil transportation, and fire prevention and safety purposes which the annexing high school district and the elementary school district proposed to be created each shall be authorized to levy.
    The petition may request that if the proposition to dissolve a unit school district, create an elementary school district therefrom, and annex the same territory to a contiguous high school district is submitted to the voters at the consolidated election which occurs in April of odd‑numbered years, at the general primary election which occurs in March of even‑numbered years, at the nonpartisan election which occurs in November of odd‑numbered years, or at the general election which occurs in November of even‑numbered years, that at that same election a board of education be elected on a separate ballot to serve as the board of education of the proposed new elementary school district. Any election of board members at the same election at which the proposition to create the elementary school district to be served by that board is submitted to the voters shall proceed under the supervision of the Regional Superintendent as provided in Section 7A‑6.
    When the 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, including the power to stipulate to accountings or waiver thereof between school districts. The regional superintendent of schools required to hold a hearing on the petition as provided in this Section may accept any such stipulation instead of evidence or proof of the matter stipulated, or may refuse to accept any such stipulation.
    Upon the filing of such petition with the regional superintendent of schools as provided in this Section, such regional superintendent of schools shall cause a copy of the petition to be given to the board of each district affected and to the regional superintendent of schools of any other educational service region in which any part of the territory described in the petition is situated. The regional superintendent of schools with whom the petition is required to be filed shall cause a notice thereof to be published at least once each week for 3 successive weeks in at least one newspaper having general circulation within the area of all territory described in the petition. The notice shall state when and to whom the petition was presented, the description of the territory of the unit school district proposed to be dissolved which shall be stated in the notice to be the same as the territory comprising the proposed elementary school district and the same as the territory proposed to be annexed to the existing contiguous high school district, the description of the existing high school district to which the territory proposed to be annexed is contiguous, a statement of the maximum tax rates for educational and operations, building and maintenance purposes and the purchase of school grounds, pupil transportation, and fire prevention and safety purposes which the annexing high school district and the proposed elementary school district each shall be authorized to levy or establish, the prayer of the petition, and the day on which the hearing upon the petition shall be held. The petitioners shall pay the expense of publishing the notice.
    No more than 30 days after the last date on which the required notice is published the regional superintendent of schools with whom the petition is required to be filed shall hold a hearing on the petition, provided that the regional superintendent of schools may adjourn the hearing from time to time or may continue the matter for want of sufficient notice or other good cause. Prior to the hearing the petitioners shall submit to the regional superintendent of schools maps showing the districts affected, a written report of financial and educational conditions of the districts affected and the probable effect of the proposed dissolution of the unit school district, creation of an elementary school district therefrom and annexation of the same territory to the existing contiguous high school district. The reports and maps submitted by the petitioners shall be made a part of the record of proceedings of the regional superintendent of schools holding the hearing, and if the boards of the districts affected are not the petitioners, such regional superintendent of schools shall send copies of such reports and maps to such boards not less than 5 days prior to the date on which the hearing is to be held.
    Upon the regional superintendent of schools determining that the petitioners have paid the expense of publishing the notice of hearing, that the petition as filed is proper and ‑‑ if the petitioners be voters residing in each district affected ‑‑ that the petition is in compliance with any applicable petition requirements of the Election Code, the regional superintendent of schools shall hear evidence as to the school needs and conditions in all territory described in the petition and in the area adjacent thereto, shall hear evidence with respect to the ability of the elementary school district proposed to be created and the ability of the contiguous existing high school district, after the proposed annexation, to meet standards of recognition as prescribed by the State Board of Education, shall take into consideration any division of funds or assets if the petition is approved, and shall determine whether it is for the best interests of the schools of the area and the educational welfare of the pupils therein that such unit school district be dissolved, an elementary school district be created therefrom and the same territory be annexed to an existing contiguous high school district. No petition filed under this Article and no referendum held pursuant to any petition so filed shall be null and void or invalidated or deemed in noncompliance with the Election Code because of the failure to publish a notice of intention to file the petition or to attach to the petition an affidavit attesting to the publication of that notice as required under subsection (g) of Section 28‑2 of the Election Code for petitions that are not filed under Article 7A, 11A, 11B, or 11D of the School Code.
    At the hearing any resident of any territory described in the petition and any regional superintendent of schools entitled under the provisions of this Section to be given a copy of the petition by the regional superintendent of schools conducting the hearing may appear in person or by an attorney at law in support of or in objection to the prayer of the petition, and may submit evidence in support of either such position. A transcript of the proceedings in the hearing before the regional superintendent of schools shall be prepared, and the expense of preparing the same shall be paid by the petitioners.
    Within 14 days after the conclusion of the hearing, the regional superintendent of schools shall make a decision either approving or denying the petition, and shall thereupon submit the petition and all evidence taken at the hearing to the State Superintendent of Education who shall, within 30 days thereafter, review the entire record of the proceedings had before the regional superintendent of schools, including the transcript of such proceedings, and approve or deny the petition upon consideration of and in accordance with the following criteria:
        (i) whether the proposed elementary school district
    
and the contiguous existing high school district after the proposed annexation will have sufficient size (pupil enrollment) and financial resources (assessed valuation) to provide and maintain a recognized educational program for their respective districts as proposed;
        (ii) whether the dissolution of the unit school
    
district, creation of an elementary school district therefrom and annexation of the same territory to the existing high school district is for the best interests of the schools of the area and the educational welfare of the pupils therein; and
        (iii) whether the territory of the proposed
    
elementary school district and the territory of the contiguous existing high school district after the proposed annexation are each compact and contiguous for school purposes.
    If the State Superintendent of Education denies the petition the reasons for such denial shall be communicated to the boards of each district affected, to any committee designated as attorney in fact for the petitioners as provided in this Section, to any regional superintendent of schools entitled under the provisions of this Section to be given a copy of the petition by the regional superintendent of schools who conducted the hearing and to any resident of any territory described in the petition who appears at the hearing, or to any attorney at law appearing of record in the hearing on behalf of any such board, committee, regional superintendent of schools or resident otherwise entitled to receive communication of the reasons for such denial; and no further proceedings shall be had.
(Source: P.A. 86‑13; 87‑10; 87‑185; 87‑839; 87‑1270.)

    (105 ILCS 5/7A‑3) (from Ch. 122, par. 7A‑3)
    Sec. 7A‑3. Administrative review. 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 resident of any territory described in the petition who appears at the hearing or any petitioner or board of any district affected 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 regional superintendent of schools shall have sole jurisdiction to entertain a complaint for such review.
(Source: P.A. 84‑1234.)

    (105 ILCS 5/7A‑4) (from Ch. 122, par. 7A‑4)
    Sec. 7A‑4. Holding of elections.
    (a) Elections provided by this Article shall be conducted in accordance with the general election law.
    (b) The notice for voters residing in the unit school district proposed to be dissolved shall be in substantially the following form:
NOTICE OF REFERENDUM TO DISSOLVE
A UNIT SCHOOL DISTRICT, TO CREATE
AN ELEMENTARY SCHOOL DISTRICT THEREFROM,
AND TO ANNEX THE TERRITORY THEREIN TO
A CONTIGUOUS HIGH SCHOOL DISTRICT         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 dissolve Unit School District No. ..... of ....... County, Illinois, to create an elementary school district to be comprised of the same territory which now comprises the unit school district proposed to be so dissolved, and to annex that same territory to High School District No. ..... of ...... County, Illinois.
        The territory which now comprises Unit School
    
District No. ..... of ....... County, Illinois, which territory is the same as the territory which is to comprise the elementary school district proposed to be created and which also is the same as the territory which is proposed to be annexed to High School District No. ..... of ....... County, Illinois, is described as follows: (Here describe such territory.)
        The territory which now comprises High School
    
District No. ..... of ....... County, Illinois, which high school 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 Superintendent dated on (insert date), which order states that if a majority of the voters residing in Unit School District No. ..... of ....... County, Illinois and voting at the referendum on the proposition vote in favor of such proposition, and if by separate ballot a majority of the voters residing in High School District No. ..... of ....... County, Illinois and voting at the referendum on the proposition to annex the territory first above described in this Notice vote in favor thereof, that then the tax rates for educational and operations, building and maintenance purposes and the purchase of school grounds, pupil transportation, and fire prevention and safety purposes which shall constitute the tax rates for the elementary school district so created and for High School District No. ..... of ....... County, Illinois upon annexation of the territory first above described shall be: (i) with respect to such elementary school district, ....... for educational purposes, ....... for operations, building and maintenance purposes and the purchase of school grounds, ...... for pupil transportation purposes, and ...... for fire prevention and safety purposes, and (ii) with respect to High School District No. ..... of ....... County, Illinois upon such annexation, ....... for educational purposes, ....... for operations, building and maintenance purposes and the purchase of school grounds, ...... for pupil transportation purposes, and ...... for fire prevention and safety purposes.
        Dated (insert date).
        Regional Superintendent of Schools
        ....................................
    Whenever the members of the board of education of the elementary school district proposed to be established are to be elected at the same election at which the proposition to establish that district is to be submitted to the voters, that fact shall be included in the notice.
    (c) The notice for voters residing in the contiguous high school district proposing to annex all of the territory within the unit school district proposed to be dissolved shall be in substantially the following form:
NOTICE OF REFERENDUM
FOR ANNEXATION BY A HIGH
SCHOOL DISTRICT OF CONTIGUOUS
TERRITORY TO BE DISSOLVED
AS A UNIT SCHOOL DISTRICT         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 a proposition that High School District No. ..... of ....... County, Illinois annex certain contiguous territory hereinafter described upon the dissolution of such contiguous territory as a unit school district.
        The territory which now comprises High School
    
District No. ..... of ....... County, Illinois is described as follows: (Here describe such territory.)
        The contiguous territory which it is proposed shall
    
be annexed by High School District No. ..... of ....... County, Illinois upon the dissolution of such contiguous territory as a unit school district is described as follows: (Here describe such territory.)
        The election is called and will be held pursuant to
    
an order of the Regional Superintendent dated on (insert date), which order states that if a majority of the voters residing in High School District No. ..... of ....... County, Illinois and voting at the referendum on the proposition to annex the territory last described above vote in favor of such proposition, and if by separate ballot a majority of the voters residing in the territory last described above and voting at the referendum on the proposition to dissolve such territory as a unit school district, to create an elementary school district therefrom and to annex such territory to High School District No. ..... of ....... County, Illinois vote in favor of such proposition, that then the tax rates for educational and operations, building and maintenance purposes and the purchase of school grounds, pupil transportation, and fire prevention and safety purposes which shall constitute the tax rates for High School District No. ..... of ....... County, Illinois upon and after annexation of the territory last described above shall be ....... for educational purposes, ....... for operations, building and maintenance purposes and the purchase of school grounds, ...... for pupil transportation purposes, and ...... for fire prevention and safety purposes.
        Dated (insert date).
        Regional Superintendent of Schools
        ....................................
(Source: P.A. 91‑357, eff. 7‑29‑99.)

    (105 ILCS 5/7A‑5) (from Ch. 122, par. 7A‑5)
    Sec. 7A‑5. Ballots. Separate ballots shall be used for the election in each district affected. The ballot for voters residing in the unit school district proposed to be dissolved shall be in substantially the following form:
OFFICIAL BALLOT
    Shall Unit School District No. .... of
....... County, Illinois be dissolved and
converted into a separate elementary school
district with all territory of the unit school
district so dissolved and converted also being    YES
annexed to and incorporated into High School
District No. .... of ....... County, Illinois,
the elementary school district so established
to have authority to levy taxes at the rate of
.....% for educational purposes, .....%
for operations, building and maintenance      
purposes and the purchase of school grounds,
.....% for pupil transportation purposes,
and .....% for fire prevention and safety
purposes, and High School District No. .... of
..... County, Illinois upon such annexation to
have authority to levy taxes at the rate of
.....% for educational purposes, .....% for          NO
operations, building and maintenance purposes
and the purchase of school grounds, .....% for
pupil transportation purposes, and .....%
for fire prevention and safety purposes, each
upon all the taxable property of each such
district at the value thereof, as equalized or
assessed by the Department of Revenue?

    The ballot for voters residing in the contiguous high school district proposing to annex all of the territory within the unit school district proposed to be dissolved shall be in substantially the following form:
OFFICIAL BALLOT
    Shall High School District No. .... of
....... County, Illinois with authority
to levy taxes at the rate of .....% for      YES
educational purposes, .....% for
operations, building and maintenance
purposes and the purchase of school
grounds, .....% for pupil transporta‑       
tion purposes, and .....% for fire pre‑
vention and safety purposes, each upon
all the taxable property of the district
at the value thereof, as equalized or           NO
assessed by the Department of Revenue,
annex the following described territory:
(Here describe the territory of the
unit school district proposed to be
dissolved)?

(Source: P.A. 84‑1234.)

    (105 ILCS 5/7A‑6) (from Ch. 122, par. 7A‑6)
    Sec. 7A‑6. Passage requirements.
    (a) If a majority of the electors voting at the election in each district affected vote in favor of the proposition as submitted to them, the proposition to dissolve the unit school district, to create an elementary school district therefrom and to annex the same territory to the contiguous high school district shall be deemed to have passed.
    (b) If a majority of the electors voting at the election in either district affected fail to vote in favor of the proposition as submitted to them, then notwithstanding the vote of the electors in the other district affected, the proposition shall be deemed not to have passed in either district affected, and the unit school district shall not be dissolved, no elementary school district shall be created therefrom and the territory shall not be annexed to any high school district.
    (c) If the proposition to dissolve the unit school district, to create an elementary school district therefrom and to annex the same territory to the contiguous high school district is deemed to have passed as provided in subsection (a), then unless the board of education of the new elementary school district is elected at the same election at which the proposition creating that district is deemed to have passed, the regional superintendent of schools shall order an election to be held in the elementary school district so created on the next regularly scheduled election date for the purpose of electing in such elementary school district a board of education. In either event, the board of education elected for a new elementary school district created under this Article shall consist of 7 members who shall have the terms and the powers and duties of school boards as defined in Article 10. Nomination papers filed under this Section are not valid unless the candidate named therein files with the secretary of the board of education a receipt from the county clerk showing that the candidate has filed a statement of economic interests as required by the Illinois Governmental Ethics Act. Such receipt shall be so filed either previously during the calendar year in which his nomination papers were filed or within the period for the filing of nomination papers in accordance with the general election law. The regional superintendent of schools shall perform the election duties assigned by law to the secretary of a school board for such election, and shall certify the officers and candidates therefor pursuant to the general election law.
(Source: P.A. 87‑10.)

    (105 ILCS 5/7A‑7) (from Ch. 122, par. 7A‑7)
    Sec. 7A‑7. Tax levy. The board of education of an elementary school district created pursuant to this Article and the school board of a contiguous high school district annexing the territory of a dissolved unit school district pursuant to this Article each may levy taxes for educational, operations and maintenance, pupil transportation, and fire prevention and safety purposes at not exceeding the rates specified therefor in the petition with respect to each such district, which rates thereafter may be increased or decreased in the same manner and within the limits provided by Sections 17‑2 through 17‑7, as now or hereafter amended. The boards of education may further levy taxes for other purposes as generally permitted by law.
    If the election of the board of education of the new district occurs at the general election or the nonpartisan election and the board of education makes its initial levy in that same year, the county clerk shall extend such levy notwithstanding any other law which requires the adoption of a budget before the clerk may extend such levy.
    If the election of the board of education of the new district does not occur in the same calendar year that the proposition to create the new district is approved, the district from the conversion of which the new district is formed, by joint agreement and with the approval of the regional superintendent, shall be permitted to levy in the same calendar year in which the creation of the new district is approved at the rates specified in the petition. The county clerks shall extend any such levy notwithstanding any law that requires adoption of a budget before extension of the levy.
(Source: P.A. 89‑129, eff. 7‑14‑95.)

    (105 ILCS 5/7A‑8) (from Ch. 122, par. 7A‑8)
    Sec. 7A‑8. Effective date of change. In case a petition is filed after August 1 for the dissolution of a unit school district, creation of an elementary school district therefrom and annexation of the same territory to a contiguous high school district, and the change is granted and approved at election 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 board of education election is held for the new district and the school boards of the districts affected as they existed prior to the change shall exercise the same power and authority over such territory until such date; however, new elementary school districts shall be permitted to organize and elect officers within the time prescribed by the general election law. Additionally, between the date of such organization and election of officers and the date on which the new district takes effect for all purposes, the new district shall also be permitted, with the stipulation of the districts from which the new district is formed and the approval of the Regional Superintendent, to take all action necessary or appropriate to:
        1) Establish the tax levy for the new district, in
    
lieu of the levy by the district from which the new district is formed, within the time generally provided by law and in accordance with Section 7A‑7. The funds produced by such levy shall be transferred to the new district as generally provided by law at such time as they are received by the county collector.
        2) Enter into agreements with depositories and
    
direct the deposit and investment of any funds received from the county collector or any other source, all as generally provided by law.
        3) Conduct a search for the superintendent of the
    
new district and enter into a contract with the person selected to serve as the superintendent of the new district in accordance with the provisions of the School Code generally applicable to the employment of the superintendent.
        4) Engage the services of accountants, architects,
    
attorneys and other consultants, including but not limited to consultants to assist in the search for the superintendent.
        5) Plan for the transition from the administration
    
of the schools by any of the districts from which the new district is formed.
        6) Bargain collectively, pursuant to the Illinois
    
Educational Labor Relations Act, with the certified exclusive bargaining representative or certified exclusive bargaining representatives of the new district's employees.
        7) Expend the funds received from the levy in order
    
to permit any of the districts from which the new district is formed to meet payroll and other essential operating expenses until the new district takes effect for all purposes.
        8) Expend the funds received from the levy, and any
    
funds received from the districts from which the new district is formed, in the exercise of the foregoing powers.
        9) Issue bonds pursuant to and in accordance with
    
all of the requirements of Section 17‑2.11, levy taxes upon all taxable property within the new district to pay the principal of and interest on those bonds as provided in that Section, expend the proceeds of the bonds and enter into any necessary contracts for the work financed therewith as authorized by that Section and other applicable law, and avail of the provisions of other applicable law, including the Omnibus Bond Acts, in connection with the issuance of those bonds.
    After the granting of a petition has become final and approved at election 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 districts affected and the board of education of the new elementary school district, upon approval by the regional superintendent of schools with whom the petition is required to be filed.
(Source: P.A. 87‑1215; 88‑6.)

    (105 ILCS 5/7A‑9) (from Ch. 122, par. 7A‑9)
    Sec. 7A‑9. Termination of office. Upon the close of the then current school year during which any unit school district is dissolved under the provisions of this Article, the terms of office of the school board of the dissolved unit school district shall terminate.
(Source: P.A. 84‑1234.)

    (105 ILCS 5/7A‑10) (from Ch. 122, par. 7A‑10)
    Sec. 7A‑10. Map showing change. Within 30 days after a new elementary school district has been created and the boundaries of a contiguous high school district changed by annexation under the provisions of this Article, the regional superintendent of schools of any county involved shall make and file with the county clerk of his county a map of the newly created elementary school district and of the annexing high school district as its boundaries have been changed by such annexation, whereupon the county clerk or county clerks, as the case may be, shall extend taxes against the territory in accordance therewith.
(Source: P.A. 84‑1234.)

    (105 ILCS 5/7A‑11) (from Ch. 122, par. 7A‑11)
    Sec. 7A‑11. Assets, liabilities and bonded indebtedness ‑ Tax rate. (a) Upon the effective date of the change as provided in Section 7A‑8, and subject to the provisions of subsection (b) of this Section 7A‑11, the newly created elementary school district shall receive all the assets and assume all the liabilities and obligations of the dissolved unit school district, including all the bonded indebtedness of the dissolved unit school district and its financial obligations to the Capital Development Board pursuant to Section 35‑15.
    (b) Notwithstanding the provisions of subsection (a) of this Section, upon the stipulation of the school board of the annexing high school district and either the school board of the unit school district prior to the effective date of its dissolution, or thereafter of the school board of the newly created elementary school district, and with the approval in either case of the regional superintendent of schools of the educational service region in which the territory described in the petition filed under this Article or the greater portion of the equalized assessed valuation of such territory is situated, the assets, liabilities and obligations of the dissolved unit school district, including all the bonded indebtedness of the dissolved unit school district and its financial obligations to the Capital Development Board pursuant to Section 35‑15, may be divided and assumed between and by such newly created elementary school district and the annexing high school district in accordance with the terms and provisions of such stipulation and approval. In such event, the provisions of Section 19‑29, as now or hereafter amended, shall be applied to determine the debt incurring power of the newly created elementary school district and of the contiguous annexing high school district.
    (c) Without regard to whether the receipt of assets and the assumption of liabilities and obligations of the dissolved unit school district is determined pursuant to subsection (a) or (b) of this Section, the tax rate for bonded indebtedness shall be determined in the manner provided in Section 19‑7; and notwithstanding the creation of such new elementary school district, 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 dissolved unit school district as such boundaries existed at the time of the issuance of each such bond issue, regardless of whether such property was still contained in that unit school district at the time of its dissolution and regardless of whether such property is contained in the newly created elementary school district at the time of the extension of such taxes by the county clerk or clerks.
(Source: P.A. 86‑1028.)

    (105 ILCS 5/7A‑12) (from Ch. 122, par. 7A‑12)
    Sec. 7A‑12. Teachers in contractual continued service. When dissolution of a unit school district, creation of an elementary school district therefrom and annexation of the same territory to a contiguous high school district become effective for purposes of administration and attendance as determined pursuant to Section 7A‑8, the provisions of Section 24‑12 relative to the contractual continued service status of teachers having contractual continued service whose positions are transferred from one board to the control of a new or different board shall apply, and the positions held by teachers, as that term is defined in Section 24‑11, having contractual continued service with the unit school district at the time of its dissolution shall be transferred to the control of the annexing high school district or the newly created elementary school district on the following basis:
    (a) positions of such teachers in contractual continued service that, during the 5 school years immediately preceding the effective date of the change as determined under Section 7A‑8, were full time positions in which all of the time required of the position was spent with respect to one or more of grades 9 through 12 shall be transferred to the control of the board of the annexing high school district;
    (b) positions of such teachers in contractual continued service that, during the 5 school years immediately preceding the effective date of the change as determined under Section 7A‑8, were full time positions in which all of the time required of the position was spent with respect to one or more of grades kindergarten through 8 shall be transferred to the control of the board of the newly created elementary school district; and
    (c) positions of such teachers in contractual continued service that were full time positions not required to be transferred to the control of the board of the annexing high school district or the board of the newly created elementary school district under the provisions of paragraph (a) or paragraph (b) of this Section shall be transferred to the control of whichever of such boards any such teacher shall request.
    With respect to each position to be transferred under the provisions of this Section, the amount of time required of each such position to be spent in one or more of grades kindergarten through 8 and 9 through 12 shall be determined with reference to the applicable records of the unit school district being dissolved pursuant to stipulation of the school board of the annexing high school district and either the school board of the unit school district prior to the effective date of its dissolution, or thereafter of the school board of the newly created elementary school district, and with the approval in either case of the regional superintendent of schools of the educational service region in which the petition filed under this Article or the greater portion of the equalized assessed valuation of such territory is situated; provided, however, that if no such stipulation can be agreed upon, such regional superintendent of schools, after hearing such additional relevant and material evidence as any such school board desires to submit, shall make such determination.
(Source: P.A. 84‑1234.)

    (105 ILCS 5/7A‑13) (from Ch. 122, par. 7A‑13)
    Sec. 7A‑13. Limitations on contesting 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 dissolution of any unit school district, creation of an elementary school district therefrom or the annexation of the same territory to a contiguous high school district under the provisions of this Article unless within one year after the order providing for such action shall have become final, or within one year after the date of the election provided for in this Article if no proceedings to contest such election are duly instituted within the time permitted by law, or within one year 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 being challenged did not at the time of the entry of such order have jurisdiction of the subject matter.
(Source: P.A. 84‑1234.)

    (105 ILCS 5/7A‑15) (from Ch. 122, par. 7A‑15)
    Sec. 7A‑15. Limitation on successive petitions. No unit school district that is involved in any proceeding under this Article to be dissolved and converted into an elementary school district (with all territory within the unit school district proposed to be so dissolved to be concurrently annexed to a contiguous high school district), and which is not so dissolved or converted into an elementary school district, shall be again involved in proceedings under this Article to dissolve and convert into an elementary 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.
(Source: P.A. 93‑470, eff. 8‑8‑03.)

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