2005 Illinois 105 ILCS 5/ School Code. Article 11B - School District Combination
(105 ILCS 5/Art. 11B heading) ARTICLE 11B. SCHOOL DISTRICT COMBINATION
(105 ILCS 5/11B‑1)(from Ch. 122, par. 11B‑1) Sec. 11B‑1. Definition. For the purposes of Article 11B, "combined
school district" means any district resulting from the combining of 2 or
more entire elementary school districts or 2 or more entire high
school districts. (Source: P.A. 85‑838.)
(105 ILCS 5/11B‑2)(from Ch. 122, par. 11B‑2) Sec. 11B‑2. Combining entire districts. Any contiguous territory having an equalized assessed valuation of at least
$5,000,000 and having a population of not less than 1,500 and not more than
500,000 may be formed into a combined school district when the State
Superintendent of Education approves a petition which is filed by the
boards of each district affected or by 10% of the legal voters residing in
each district affected, and when such petition is approved at an election
called for the purpose of approving or denying said petition. The petition
shall be filed with the Regional Superintendent of the region in which the
greater portion of the equalized assessed valuation of the territory described
in the petition is situated. (Source: P.A. 83‑1311.)
(105 ILCS 5/11B‑3)(from Ch. 122, par. 11B‑3) Sec. 11B‑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 the greater portion of the equalized
assessed valuation of the territory is situated, signed by at least 10%
of the voters residing within each district included in the territory or
filed by the boards of each school district affected. 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
combined school district in the territory; (2) describe the territory
comprising the proposed district by districts; (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 regional superintendent's final
decision amend the petition in all respects and make binding stipulations
on behalf of all petitioners as to any question with respect to the petition
or hearing, including stipulations for accountings or the waiver thereof
between school districts. The regional superintendent who is 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 the stipulation. Those designated as the Committee of
Ten shall serve in that capacity until such time as the regional
superintendent determines that because of death, resignation, transfer of
residency from the territory, failure to qualify or 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
shall not disqualify that person as a member thereof, and that person may
sign the petition at any time prior to final disposition of the petition
and the conclusion of the proceedings to form the new combined school
district, including all litigation pertaining to the petition or
proceedings. Upon determination by the regional superintendent that
vacancies exist, he shall declare the 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. An
appointment by the Committee of Ten to fill any such vacancy 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 if the proposition to create a combined
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 11B‑7. The petition may also request that the referendum include a
proposition on a separate ballot authorizing the issuance of bonds by the
district when organized in accordance with this Article. The principal
amount of the bonds and the purposes of the issuance shall be stated in the
petition and in all notices and propositions submitted thereunder. Upon the filing of a petition with the Regional Superintendent under the
provisions of Section 11B‑2 of this Article, 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, 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. Prior to
the hearing, the petitioners shall submit to the Regional Superintendent
maps showing the districts involved, and any other information
pertinent to the proposed formation of a new district. The reports and
maps submitted shall be made a part of the records of the proceedings of
the Regional Superintendent. A copy of the reports and maps submitted shall
be sent to the board of each district involved, not less than 5 days prior
to the date upon which the hearing is to be held. The Regional Superintendent
shall hear evidence as to the school needs and conditions in the territory
which will form the proposed new district and as to the ability of the proposed
new district to meet the standards of recognition as prescribed by the State
Board of Education. At the hearing, any resident in the territory described in the petition
may appear in person or by an attorney in support of the petition or to
object to the granting of the petition and may present evidence in support
of his position. At the conclusion of the hearing, the Regional Superintendent
of schools shall within 14 days enter an order either granting or denying
the petition and shall deliver to any attorney of record and affected school
board a copy of his order. Upon the Regional Superintendent approving or
denying the petition he shall submit the petition and all evidence submitted to
the State Superintendent of Education for review. The Superintendent 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
sufficient size (pupil enrollment) and financial resources (assessed valuation) to provide and maintain a recognized educational program for the proposed school district;
(2) whether the proposed school district is for the
best interests of schools of the area and the educational welfare of the pupils therein; and
(3) whether the territory for the proposed school
district is compact and contiguous for school purposes.
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 and no further proceedings
shall be had. (Source: P.A. 87‑10; 87‑107; 87‑839; 87‑1270.)
(105 ILCS 5/11B‑4)(from Ch. 122, par. 11B‑4) Sec. 11B‑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.)
(105 ILCS 5/11B‑5)(from Ch. 122, par. 11B‑5) Sec. 11B‑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 COMBINED SCHOOL DISTRICTNOTICE 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 establish a combined school district for the following described territory: (Here describe territory by districts, numbering them.)
The election is called and will be held pursuant to
an order of the Regional Superintendent dated on (insert date), which order states that the tax rates for educational, operations and maintenance and the purchase and improvements of school grounds, pupil transportation, and fire prevention and safety purposes, respectively, for said proposed combined school district shall be ...... for educational purposes, ...... for operations and maintenance purposes and the purchase and improvements of school grounds, ..... for pupil transportation purposes, and ..... for fire prevention and safety purposes, and which rates shall constitute the tax rates for the combined school district, if a majority of the voters voting on the proposition at the referendum vote in favor thereof.
Dated (insert date).
Regional Superintendent of Schools
...................................
(c) Whenever the members of the board of education of the combined
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.)
(105 ILCS 5/11B‑6)(from Ch. 122, par. 11B‑6) Sec. 11B‑6. Ballots. The ballot shall be in substantially the
following form: OFFICIAL BALLOT‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Shall a combined school district with authority to levy taxes at the rate of ......% for educational purposes, ......% for YES operations and maintenance purposes and the purchase and improvements of school grounds, ......% for pupil transportation purposes, and ‑‑‑‑‑‑‑‑‑‑‑‑ ......% for fire prevention 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, be established? ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ If the petition requests the submission of a proposition for the
issuance of bonds, such proposition shall be submitted to the voters
at the referendum on a separate ballot. (Source: P.A. 87‑10.)
(105 ILCS 5/11B‑7)(from Ch. 122, par. 11B‑7) Sec. 11B‑7. Passage requirements. (a) Except as otherwise provided in subsection (a‑5) of this Section, if
a majority of the electors voting
at such election held within the territory of the proposed combined school
district vote in favor of the establishment of such combined school district,
the proposition shall be deemed to have passed. Unless the board of
education of a new combined 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 combined 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,
except that the initial members of the board of education of a new combined
school district to which the provisions of subsection (a‑5) apply shall be
elected to serve terms as provided in subsection (a‑5) of this Section.
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 interest 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. (a‑5) If a petition is filed under this Article to form a combined school
district from 2 contiguous, entire elementary school districts (both of which
districts are located in a county with a population in excess of 175,000, one
of
which districts has an enrollment for the 1996‑1997 school year of not less
than 70 nor more than 75 pupils and not less than 340 nor more than 350
registered voters on the effective date of this amendatory Act of 1997, and the
other of which districts has an enrollment for the 1996‑1997 school year of not
less than 275 nor more than 280 pupils and not less than 1600 nor more than
1610 registered voters on the effective date of this amendatory Act of 1997),
and if the proposition to establish that combined school district is submitted
to the voters at the nonpartisan election in November of 1997 or at any regular
scheduled election during calendar year 1998, then the proposition shall be
deemed to have passed if and only if a majority of the voters in each of the 2
affected elementary school districts voting at the election vote in favor of
the establishment of the combined school district. At the election at which
the
initial members of the board of education of the new combined school district
are elected (whether they are elected at the same election at which the
proposition establishing the combined school district is deemed to have passed
or at the next regularly scheduled election), one shall be elected at large
from within the territory that is to comprise the combined school district, 3
shall be elected by area of residence within the territory that, until the
combined school district is established, comprises one of the affected
elementary school districts that forms part of the combined school district,
and 3 shall be elected by area of residence within the territory that, until
the combined school district is established, comprises the other affected
elementary school district that forms the remainder of the combined school
district. All 7 of the initial board members shall serve for unstaggered terms
that expire when their successors are elected and have organized in accordance
with Section 10‑16. The immediate successors in office of the initial board
members of the combined school district shall be elected at the regular school
election held in calendar year 2001. Those immediate successors and their
successors in office shall be elected at large from within the combined school
district and without restriction by area of residence for a term of 4 years;
provided that the terms of the board members elected at
the regular school election held in calendar year 2001 shall be staggered and
determined in accordance with the provisions of Section 10‑16. (b) Except as otherwise provided in subsection (c), for school districts
formed before July 1, 1983, 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 combined school 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 combined school 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 combined school 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 combined school district formed before July 1, 1983
or to community consolidated school districts,
and the members of the board of education shall be elected at large from within
the 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
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 is submitted to the school district's voters at a regular school election or at the general election as provided in this subsection (c).
(2) 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.
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 combined school district
or a community consolidated 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 combined 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; 89‑416, eff. 11‑22‑95; 90‑459, eff.
8‑17‑97.)
(105 ILCS 5/11B‑8)(from Ch. 122, par. 11B‑8) Sec. 11B‑8. Tax levy. The board of education of a combined district
or a community consolidated school 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, up through, but 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 the law. If the election of the board of education of the new district occurs at
the general election or the non‑partisan 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 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. 89‑129, eff. 7‑14‑95; 89‑416, eff. 11‑22‑95.)
(105 ILCS 5/11B‑9)(from Ch. 122, par. 11B‑9) Sec. 11B‑9. Effective date of change. In case a petition is filed for
the creation of any 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 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, a
new district 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 levies by the districts from which the new district is formed, within the time generally provided by law in accordance with Section 11B‑8. 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 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 the payroll and the 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.
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 new elementary school district or a new high
school district 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 new district are transferred to such newly created 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 provisions of Section 24‑12
shall apply to such transferred teachers. The contractual continued
service status of any teacher thereby transferred to the newly created
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 the
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. 86‑1441; 87‑1215.)
(105 ILCS 5/11B‑10)(from Ch. 122, par. 11B‑10) Sec. 11B‑10. Map showing change ‑ Filed. Within 30 days after a new
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.)
(105 ILCS 5/11B‑11)(from Ch. 122, par. 11B‑11) Sec. 11B‑11. Bonded indebtedness ‑ Tax rate. Whenever a new district
is created under any of the provisions of this Act, 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. (Source: P.A. 83‑686.)
(105 ILCS 5/11B‑12)(from Ch. 122, par. 11B‑12) Sec. 11B‑12. 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 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
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 district did not at the time of the entry of
such order have jurisdiction of the subject matter. (Source: P.A. 83‑686.)
(105 ILCS 5/11B‑13)(from Ch. 122, par. 11B‑13) Sec. 11B‑13. Districts not penalized for nonrecognition. Any school
district included in a petition under Article 11B shall not suffer loss
of State aid as a result of being placed on nonrecognition status if the
district continues to operate and the petition is granted. (Source: P.A. 83‑686.)
(105 ILCS 5/11B‑14)(from Ch. 122, par. 11B‑14) Sec. 11B‑14. Limitation on successive petitions. No elementary or
high school district that is involved in any proceeding under this Article
to be formed into and included as part of a combined school district to be
established in that proceeding, and that is not so formed into and included
as part of a combined school district in that proceeding, shall be again
involved in proceedings under this Article 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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