There is a newer version of the Illinois Compiled Statutes
2005 Illinois 105 ILCS 5/ School Code. Article 11A - Unit School District Formation
(105 ILCS 5/11A‑1) (from Ch. 122, par. 11A‑1)
Sec. 11A‑1.
Application.
This Article applies only to school districts
of less than 500,000 inhabitants.
(Source: P.A. 83‑686.)
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(105 ILCS 5/11A‑2) (from Ch. 122, par. 11A‑2)
Sec. 11A‑2.
Organization of community unit districts; territorial
requirement.
(1) Any contiguous and compact territory of at least $12,000,000 equalized
assessed valuation and having a population of not less than 4,000 and not
more than 500,000, no part of which is included within any unit district, may
be organized into a community
unit school district as provided in this Article; (2) the territory of 2
or more entire unit school districts that are contiguous to each
other and the territory of which taken as a whole is compact may be organized
into a community unit school district as provided in this Article; or (3)
the territory of one or more entire unit school districts
that are contiguous to each other plus any contiguous and compact territory,
no part of which is included within any unit district, and the territory of
which taken as a whole is compact
may be organized into a community unit school district as provided in this
Article; however, a petition or petitions may be filed hereunder
proposing to divide a unit school district into 2 or more parts and
proposing to include all of such parts in 2 or more community unit districts.
As used in this Section, a unit school district includes, but is not limited
to, a special charter unit school district.
The regional superintendent shall not accept for filing hereunder any
petition
which includes therein any territory already included as part of the territory
described in another petition filed hereunder. Hearings on a petition filed
hereunder shall not be commenced so long as any part of the territory described
therein shall include territory described, whether by amendment or otherwise,
in another petition filed hereunder. A petition may be filed hereunder
which contains less than the required minimum equalized assessed valuation
or population requirements provided that such a petition shall not be
approved by the regional superintendent and State Superintendent unless it
is determined: (1) that there is a compelling reason for granting the
petition; (2) that the territory involved cannot currently be organized as
part of a petition which meets the minimum requirements; (3) that the
granting of the petition will not interfere with the ultimate reorganization
of the territory into a school district which meets the minimum
requirements; (4) that the granting of the petition is in the best
educational interests of the pupils affected; and (5) that the granting of
the petition is financially beneficial to the affected school districts.
(Source: P.A. 88‑555, eff. 7‑27‑94.)
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(105 ILCS 5/11A‑3) (from Ch. 122, par. 11A‑3)
Sec. 11A‑3.
Petition filing; notice; hearing; decision.
A
petition
shall be filed with the Regional Superintendent of the region in which the
territory described in the petition or that part of the territory with the
greater per cent of equalized assessed valuation is situated, signed by at
least 200 voters residing in at least 3/4 of the school districts or parts
of districts and residing in the territory included in the petition, or the
petition may be filed by the board of education of each of the school
districts wholly or partially included in the territory described in the
petition. A petition that is not filed by the board of education of each of
the school districts wholly or partially included in the territory
described in the petition must contain signatures from 50 legal resident
voters from each of the school districts wholly or partially included in
the territory described in the petition or from 10% of the legal resident
voters from each of the school districts wholly or partially included in
the territory described in the petition, whichever is lesser. Provided,
however, that no petition filed, or election held under this Article shall
be null or void or invalidated or deemed in noncompliance with the Election
Code for the failure of any person or persons seeking the creation of a new
school district hereunder to publish a notice of intention to file such
petition or to attach an affidavit attesting to the publication of such
notice to such petition 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. The petition shall (1) request the
submission of the proposition at a regular scheduled election for the
purpose of voting for or against the establishment of a community unit
school district in the territory; (2) describe the territory comprising the
proposed district; (3) set forth the maximum tax rates for educational,
operations and maintenance and the purchase and improvements of school
grounds, pupil transportation, and fire prevention and safety purposes the
proposed district shall be authorized to levy; and (4) designate a
committee of 10 of the petitioners, any 7 of whom may at any time, prior to
the final decision of the Regional Superintendent, amend the petition in
all respects (except that there may not be an increase or decrease of more
than 25% of the territory to be included in the proposed district), and may
make binding stipulations on behalf of all petitioners as to any question
with respect to the petition or hearing and the Regional Superintendent may
accept such stipulation instead of evidence or proof of the matter
stipulated, which committee of petitioners may stipulate to accountings or
waiver thereof between school districts; however, the Regional
Superintendent may refuse to accept such stipulation; those designated as
the Committee of Ten shall serve in such capacity until such time as the
Regional Superintendent should determine that, because of death,
resignation, transfer of residency from the territory, failure to qualify
or for any other reason, the office of a particular member of the Committee
is vacant. Failure of a person designated as a member of the Committee of
Ten to sign the petition, whether filed prior or subsequent to September
23, 1983 (the effective date of P.A. 83‑686), shall not disqualify such
person as a member thereof and such person may sign the petition at any
time prior to final disposition of the petition and the conclusion of the
proceedings to form a unit district, including all litigation pertaining to
the petition or proceedings. Upon determination by the Regional
Superintendent that such vacancies exist, he shall so declare such
vacancies and shall notify the remaining members to appoint a petitioner or
petitioners, as the case may be, to fill the vacancies in the Committee of
Ten so designated. Such appointment by the Committee of Ten of any such
new membership shall be made by a simple majority vote of the designated
remaining members. The Committee of Ten shall act, unless otherwise herein
specified, by majority vote of the membership. The Committee of Ten may
voluntarily dismiss their petition at any time before the final decision of
the Regional Superintendent.
The petition may request that the referendum at which the proposition
is submitted for the purpose of voting for or against the establishment of
a community unit school district include as part of the proposition
the election of board members by school board district rather than at
large. Any petition requesting the election of board members by district
shall divide the proposed school district into 7 school board districts,
each of which must be compact and contiguous and substantially equal in
population to each other school board district. Any election of board
members by school board district shall proceed under the supervision of the
Regional Superintendent as provided in Section 11A‑8. The Committee of Ten
may amend any petition approved by the Regional Superintendent and State
Superintendent of Education prior to July 29, 1988 to include as part of
the proposition the election of board members by district as provided
above. The Regional Superintendent shall, following approval by the State
Superintendent of Education, submit the proposition as provided in the
amended petition to the appropriate election authorities.
The petition may request that if the proposition to create a community
unit 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 district. Any election of
board members at the same election at which the proposition to create the
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 11A‑8.
The petition may also request that the referendum at which the proposition
shall be submitted for the purpose of voting for or against the establishment
of a community unit school district in the territory include a proposition
on a separate ballot authorizing the issuance of bonds by the district when
organized, in accordance with this Act. The principal amount of the bonds
and the purposes of issuance shall be stated in such petition and in all
notices and propositions submitted thereunder.
A petition to form a new community unit school district from the entire
territory of 2 or more school districts may also request that the bonded
indebtedness of each existing school district be assumed by the entire
territory of the new community unit school district in the manner provided by
subsection (b) of Section 11A‑12.
Upon the filing of a petition with the Regional Superintendent of the Region
in which the greater portion of the equalized assessed valuation of the
territory described in the petition lies, the Regional Superintendent shall
cause a copy of such petition to be given to each board of any district
involved in the proposed formation of the new district and 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 the territory of the proposed district. The notice shall state when
and to whom the petition was presented, the description of the territory
of the proposed district, if requested in the petition a statement of the
proposition to issue bonds and indicating the amount and purpose thereof,
and the day on which the hearing upon the petition will be held. Not more
than 30 days after the publication of notice the Regional Superintendent
shall hold a hearing on the petition.
Upon the Regional Superintendent determining that the petition, as filed
or amended, is proper and is in compliance with any applicable petition
requirements set forth in the Election Code, he shall hear evidence as to
the school needs and conditions of the territory and in the area within and
adjacent thereto and take into consideration the division of funds and
assets which will result from the organization of the district, 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 district be
organized.
At the hearing, any resident in the proposed district or any district
affected thereby may appear in support of the petition or to object
thereto. The Regional Superintendent may adjourn the hearing from
time to time. Within 14 days after the conclusion of the hearing the Regional
Superintendent shall make a decision either approving or denying the petition.
Upon the Regional Superintendent approving or denying the petition he shall
submit the petition and all evidence submitted to the State Superintendent
of Education who shall, within 30 days after the decision of the Regional
Superintendent, approve or deny the petition according to the following
criteria:
He shall review the entire record of the proceedings had before the
Regional Superintendent, including the transcript of said proceedings, and
based upon a review of the same shall take into consideration:
(1) whether the proposed district will have | ||
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(2) whether the proposed school district is for the | ||
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(3) whether the territory for the proposed school | ||
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If the State Superintendent of Education denies the petition the reasons
for such denial shall be communicated to appropriate groups, agencies or
instrumentalities representing the petitioners.
If a majority of the voters in at least 2 community unit school
districts have voted in favor of a proposition to create a new community
unit school district, but the proposition was not approved under the
standards set forth in Section 11A‑8 of the School Code, then the members
of the Committee of Ten shall submit an amended petition for consolidation
to the boards of education of those districts as long as the territory
involved is compact and contiguous. The petition submitted to the boards
of education shall be identical in form and substance to the petition
previously approved by the Regional Superintendent of Schools with the sole
exception that the territory comprising the proposed district shall be
amended to include the compact and contiguous territory of those community
unit school districts in which a majority of the voters voted in favor of
the proposal.
Each board of education to which the petition is submitted shall meet and
vote to approve or not approve the amended petition no more than 30 days
after it has been filed with the board. The Regional Superintendent shall make
available to each board of education with which a petition has been filed
all transcripts and records of the previous petition hearing. The boards
of education shall, by the appropriate resolution, approve or disapprove
the amended petition. No board of education may approve an amended
petition unless it first finds that the territory described in the petition
is compact and contiguous.
If a majority of the members of each board of education to whom a
petition is submitted votes in favor of the amended petition, the approved
petition shall be transmitted by the secretary of each board of education
to the State Superintendent of Education who shall, within 30 days of
receipt, approve or deny the amended petition based on the criteria stated
in this Section which governed the State Superintendent of Education in his
initial review of the petition. If approved by the State Superintendent of
Education, the petition shall be placed on the ballot at the next regularly
scheduled election.
(Source: P.A. 87‑10; 87‑185; 87‑839; 87‑1270; 88‑555, eff. 7‑27‑94.)
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(105 ILCS 5/11A‑4) (from Ch. 122, par. 11A‑4)
Sec. 11A‑4.
Administrative review.
The decision of the State Superintendent
shall be deemed an "administrative decision" as defined in Section 3‑101
of the "Administrative Review Law", and any resident who appears at the
hearing or any petitioner or board of education of any district affected
may within 35 days after a copy of the decision sought to be reviewed was
served by registered mail upon the party affected thereby 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 shall have sole jurisdiction to entertain a complaint
for such review.
(Source: P.A. 83‑686.)
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(105 ILCS 5/11A‑5) (from Ch. 122, par. 11A‑5)
Sec. 11A‑5.
Holding of election.
(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 TO ESTABLISH
A COMMUNITY UNIT DISTRICT
NOTICE is hereby given that on (insert date), a | ||
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The election is called and will be held pursuant to | ||
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Dated (insert date).
Regional Superintendent of Schools
..................................
(c) Whenever the members of the board of education of the community
unit 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.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(105 ILCS 5/11A‑6) (from Ch. 122, par. 11A‑6)
Sec. 11A‑6.
Ballots.
The ballot shall be in substantially the following
form. If the petition requests the submission of a proposition for the
issuance of bonds such question shall be submitted to the voters at such
referendum on a separate ballot.
OFFICIAL BALLOT
Shall a community unit school districtwith authority to levy taxes at therate of ...% for educational purposes, YES...% for operations and maintenance purposesand the purchase and improvements of schoolgrounds, ...% for pupil transportation purposes, and ...% for fire preventionand safety purposes, each upon all thetaxable property of the district at the NOvalue thereof, as equalized or assessed bythe Department of Revenue, be established?
(Source: P.A. 87‑10.)
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(105 ILCS 5/11A‑7) (from Ch. 122, par. 11A‑7)
Sec. 11A‑7.
Affected area.
If territory is being detached from one district
to become part of the new community unit district and that territory is
25% or more of the total land area of the district from which it is being
detached, or if the per cent of student enrollment
in the detached area to total student enrollment in the district from which
it is detached is greater than 8% and the per cent of equalized assessed
valuation in the detached
area to total equalized assessed valuation of the district from which it is
detached is greater than 8%, then all residents of the district from
which the territory is
to be detached shall be eligible to vote on the proposition to create a
community unit district; provided, however, such residents shall not be
eligible to vote on the proposition for the issuance of bonds, if said
proposition is submitted to the voters of the proposed district.
(Source: P.A. 89‑383, eff. 8‑18‑95.)
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(105 ILCS 5/11A‑8) (from Ch. 122, par. 11A‑8)
Sec. 11A‑8.
Passage requirements.
(a) Except as otherwise provided by
Section 11A‑7, the proposition to create a community unit school district
shall be submitted only to the voters of the territory which comprises the
proposed community unit school district, and if a majority of the
voters in each of the affected school districts voting at such election
vote in favor of the establishment of such community unit school
district, the proposition shall be deemed to have passed. Unless the
board of education of a new community unit school district is elected at
the same election at which the proposition establishing that district is
deemed to have passed, the regional superintendent of schools shall order
an election to be held on the next regularly scheduled election date for
the purpose of electing a board of education for that district. In either
event, the board of education elected for a new community unit 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 of this Act. Nomination papers filed under this Section are not
valid unless the candidate named therein files with the regional
superintendent 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 statement 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
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.
(b) Except as otherwise provided in subsection (c), for school
districts formed before January 1, 1975, if the territory of such district
is greater than 2 congressional townships or 72 square miles, then not more
than 3 board members may be selected from any one congressional township,
but congressional townships of less than 100 inhabitants shall not be
considered for the purpose of such mandatory board representation, and in
any such community unit district where at least 75% but not more than 90%
of the population is in one congressional township 4 board members shall be
selected therefrom and 3 board members shall be selected from the rest of
the district, but in any such community unit district where more than 90%
of the population is in one congressional township all board members may be
selected from one or more congressional townships; and whenever the
territory of any community unit district shall consist of not more than 2
congressional townships or 72 square miles, but shall consist of more than
one congressional township, or 36 square miles, outside of the corporate
limits of any city, village or incorporated town within the school
district, not more than 5 board members shall be selected from any city,
village or incorporated town in such school district.
(c) The provisions of subsection (b) for mandatory board
representation shall no longer apply to a community unit school district
formed prior to January 1, 1975, and the members of the board of education
shall be elected at large from within that school district and without
restriction by area of residence within the district if both of the
following
conditions are met with respect to that district:
(1) A proposition for the election of board members | ||
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(2) A majority of those voting at the election in | ||
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The board of education of the school district may by resolution order
submitted or, upon the petition of the lesser of 2,500 or 5% of the school
district's registered voters, shall order submitted to the school
district's voters at a regular school election or at the general election
the proposition for the election of board members at large and without
restriction by area of residence within the district rather than in
accordance with the provisions of subsection (b) for mandatory board
representation; and the proposition shall thereupon be certified by the
board's secretary for submission. If a majority of those voting at the
election in each congressional township comprising the territory of the
school district, including any congressional township of less than 100
inhabitants, vote in favor of the proposition: (i) the proposition to elect board members
at large and without restriction by area of residence within the district
shall be deemed to have passed, (ii) new members of the board shall be
elected at large and without restriction by area of residence within the
district at the next regular school election, and (iii) the terms of office
of the board members incumbent at the time the proposition is adopted shall
expire when the new board members that are elected at large and without
restriction by area of residence within the district have organized in
accordance with Section 10‑16. In a community unit school district that
formerly elected its members under subsection (b) to successive terms not
exceeding 4 years, the members elected at large and without restriction by
area of residence within the district shall be elected for a term of 4
years, and in a community unit school district that formerly elected its
members under subsection (b) to successive terms not exceeding 6 years, the
members elected at large and without restriction by area of residence
within the district shall be elected for a term of 6 years; provided, that
in each case the terms of the board members initially elected at large and
without restriction by area of residence within the district as provided in
this subsection shall be staggered and determined in accordance with the
provisions of Sections 10‑10 and
10‑16.
(Source: P.A. 89‑129, eff. 7‑14‑95.)
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(105 ILCS 5/11A‑9) (from Ch. 122, par. 11A‑9)
Sec. 11A‑9.
Tax levy.
The board of education of a community unit
district may levy taxes for educational, operations and maintenance and the
purchase and improvements of school grounds, pupil transportation, and fire
prevention and safety purposes, respectively, at not exceeding the rates
specified in the petition, which rates may thereafter be increased or
decreased in the same manner and within the limits provided by Sections
17‑2 through 17‑7. The board 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 (or the consolidated
election beginning in 2003) 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.
In addition, the districts from which the new district is formed, by joint
agreement and with the approval of the regional superintendent, shall be
permitted to amend outstanding levies in the same calendar year in
which the creation of the new district is approved at the rates specified in
the petition.
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 districts from 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. 93‑4, eff. 5‑2‑03.)
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(105 ILCS 5/11A‑10) (from Ch. 122, par. 11A‑10)
Sec. 11A‑10.
Effective date of change.
In case a petition is filed
for the creation of a community unit school district after August 1, 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 as they existed prior to the change shall exercise the same power and
authority over such territory until such date; however, new districts shall be
permitted to organize and elect officers within the time prescribed by the
general election law. 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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2) Enter into agreements with depositories and | ||
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3) Conduct a search for the superintendent of the | ||
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4) Engage the services of accountants, architects, | ||
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5) Plan for the transition from the administration | ||
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6) Bargain collectively, pursuant to the Illinois | ||
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7) Expend the funds received from the levy in order | ||
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8) Expend the funds received from the levy, and any | ||
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9) Issue bonds pursuant to and in accordance with | ||
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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 each of
the school boards of each district affected and approved by the regional
superintendent with which the original petition is required to be filed.
When the creation of a community unit district which is organized from
the territory of two or more entire community unit school districts
pursuant to this Article becomes effective for purposes of administration
and attendance as determined pursuant to this Article, the positions of
teachers in contractual continued service in the districts involved in the
creation of the community unit district are transferred to the newly
created community unit district pursuant to the provisions of Section 24‑12
relative to teachers having contractual continued service status whose
positions are transferred from one board to the control of a different
board and those said provisions of Section 24‑12 shall apply to said
transferred teachers. The contractual continued service status of any
teacher thereby transferred to the newly created community unit district is
not lost and the new board is subject to this Act with respect to such
transferred teacher in the same manner as if such teacher was that
district's employee and had been its employee during the time such teacher
was actually employed by the board of the district from which the position
was transferred.
(Source: P.A. 87‑1215; 88‑6.)
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(105 ILCS 5/11A‑11) (from Ch. 122, par. 11A‑11)
Sec. 11A‑11.
Map showing change ‑ Filed.
Within 30 days after a new
community unit district has been created under any of 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 any districts
involved in the creation of a new district whereupon the county clerks shall
extend taxes against the territory in accordance therewith.
(Source: P.A. 83‑686.)
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(105 ILCS 5/11A‑12) (from Ch. 122, par. 11A‑12)
Sec. 11A‑12.
Bonded indebtedness ‑ Tax rate.
(a) Except as provided in subsection (b), whenever a new district
is created under the provisions of this Article, each
such district as
it exists on and after such action shall assume the financial obligations
to the Capital Development Board pursuant to Section 35‑15 of the
School
Code and the Capital Development Board Act, of all the territory included
therein after such change, and the outstanding bonded indebtedness shall
be treated as hereinafter provided in this Section and in Section 19‑29
of this Act. The tax rate for bonded indebtedness shall be determined in
the manner provided in Section 19‑7 of this Act, and notwithstanding the
creation of any such new 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 district as such boundaries
existed at the time of the issuance of each such bond issue regardless of
whether such property is still contained
in that same district at the time of the extension of such taxes by the
County Clerk or Clerks.
(b) Whenever the entire territory of 2 or more school districts is
organized into a community unit school district pursuant to a petition filed
under this Article, the petition may provide that the entire territory of the
new community unit school district shall assume the bonded indebtedness of the
previously existing school district. In that case the tax rate for bonded
indebtedness shall be determined in the manner provided in Section 19‑7 of this
Act, except the County Clerk shall annually extend taxes for each outstanding
bond issue against all the taxable property situated in the new community unit
school district as it exists after the organization.
(Source: P.A. 88‑555, eff. 7‑27‑94.)
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(105 ILCS 5/11A‑13) (from Ch. 122, par. 11A‑13)
Sec. 11A‑13.
Accounting.
Whenever a part of a district is included
within the boundaries of a newly created community unit district the regional
superintendent shall cause an accounting to be had between the districts
affected by the change in boundaries as provided for in Article 11C of this Act.
(Source: P.A. 83‑686.)
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(105 ILCS 5/11A‑14) (from Ch. 122, par. 11A‑14)
Sec. 11A‑14.
Limitation on contesting boundary change.
Neither the
People of the State of Illinois nor any person, corporation, private or
public, nor any association of persons shall commence an action contesting
either directly or indirectly the creation of any new community unit school
district unless within one year after the order creating the new district
shall have become final, or within one year after the date of the election
creating the new community unit school district 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 creating the new community
unit district did not at the time of the entry of such order have jurisdiction
of the subject matter.
(Source: P.A. 83‑686.)
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(105 ILCS 5/11A‑15) (from Ch. 122, par. 11A‑15)
Sec. 11A‑15.
Joint agreement vocational education program.
Whenever
a community unit school district is established under the provisions of
this Act and more than 50% of the territory of such community unit school
district is territory which immediately prior to its inclusion in such community
unit school district was included in a high school district or districts
which were signatories under the same joint agreement vocational educational
project, pursuant to the provisions of this Act, then any such community
unit school district shall upon its establishment be deemed to be a member
and signatory to any such joint agreement and shall also have the right
to continue to extend any previous authority to levy a tax under Section
17‑2.4. In those instances, however, where more than 50% of the territory
of any community unit school district was not immediately prior to its establishment
included within the territory of any such high school district which was
a signatory to the same joint agreement vocational educational program,
then any such community unit school district shall not be deemed upon its establishment
to be a signatory to any such joint agreement nor shall such community unit
school district be deemed to have the special tax levy rights under Section
17‑2.4 of this Act. Nothing herein shall be deemed to forbid such community
unit school district from subsequently joining any such joint agreement
vocational education program and to thereafter levy a tax under Section
17‑2.4 of this Act by following the provisions of such Section. In the
event any such community unit school district should subsequently join any
such joint agreement vocational education program, it shall be entitled
to a fair credit, as computed by the State Board of Education, for any capital
contributions previously made to such joint agreement vocational education
program from taxes levied against the assessed valuation of property situated
in any part of the territory included within
any such community unit school district.
(Source: P.A. 83‑686.)
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(105 ILCS 5/11A‑16) (from Ch. 122, par. 11A‑16)
Sec. 11A‑16.
Districts not penalized for nonrecognition.
Any school
district included in a petition for reorganization under Article 11A shall
not suffer the loss of State aid as a result of being placed on a nonrecognized
status if the district continues to operate and the petition is granted.
(Source: P.A. 88‑45.)
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(105 ILCS 5/11A‑17)
Sec. 11A‑17.
Limitation on successive petitions.
No territory or any part
thereof that is not included within any unit school
district and that is involved in a proceeding under this Article to be
organized into a community unit school district, and that is not by that
proceeding organized into a community unit school district, shall be again
involved in proceedings under this Article to be organized into a community
unit 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.
No unit school district that is involved in any proceeding
under this Article to be organized along with any other unit
school district or districts or territory into a community unit school district
and that is not by that proceeding so organized into a community unit school
district, and no unit district that is involved in any proceeding
under this Article to be divided into 2 or more parts and as divided included
in 2 or more community unit school districts and that is not by that proceeding
so divided and included in other community unit school districts, shall be
again involved in proceedings under this Article to be organized into a
community unit school district or divided and included in other community unit
school districts 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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