(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 |
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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;
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(ii) whether the dissolution of the unit school
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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
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(iii) whether the territory of the proposed
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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.
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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.)
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(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 |
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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 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.
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The territory which now comprises Unit School
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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.)
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The territory which now comprises High School
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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.)
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The election is called and will be held pursuant to
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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.
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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
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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.
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The territory which now comprises High School
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District No. ..... of ....... County, Illinois is described as follows: (Here describe such territory.)
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The contiguous territory which it is proposed shall
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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.)
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The election is called and will be held pursuant to
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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.
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Dated (insert date).
Regional Superintendent of Schools
....................................
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(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 .)
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(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 |
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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.
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2) Enter into agreements with depositories and
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direct the deposit and investment of any funds received from the county collector or any other source, all as generally provided by law.
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3) Conduct a search for the superintendent of the
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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.
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4) Engage the services of accountants, architects,
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attorneys and other consultants, including but not limited to consultants to assist in the search for the superintendent.
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5) Plan for the transition from the administration
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of the schools by any of the districts from which the new district is formed.
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6) Bargain collectively, pursuant to the Illinois
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Educational Labor Relations Act, with the certified exclusive bargaining representative or certified exclusive bargaining representatives of the new district's employees.
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7) Expend the funds received from the levy in order
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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.
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8) Expend the funds received from the levy, and any
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funds received from the districts from which the new district is formed, in the exercise of the foregoing powers.
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9) Issue bonds pursuant to and in accordance with
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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.
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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.)
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