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| Public Act 099-0475 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Sections | ||||
7-6 and 7-14 as follows:
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(105 ILCS 5/7-6) (from Ch. 122, par. 7-6)
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Sec. 7-6. Petition filing; Notice; Hearing; Decision.
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(a) Upon the filing of a petition with the secretary of the | ||||
regional board
of school trustees under the provisions of | ||||
Section 7-1 or 7-2 of this
Act the secretary shall cause a copy | ||||
of such petition to be given to
each board of any district | ||||
involved in the proposed boundary change and
shall cause a | ||||
notice thereof to be published once in a newspaper having
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general circulation within the area of the territory described | ||||
in the
petition for the proposed change of boundaries.
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(b) When a joint hearing is required under the provisions | ||||
of Section
7-2, the secretary also shall cause a copy of the | ||||
notice to be sent to the
regional board of school trustees of | ||||
each region affected. Notwithstanding
the foregoing provisions | ||||
of this Section, if the secretary of the regional
board of | ||||
school trustees with whom a petition is filed under Section 7-2 | ||||
fails,
within 30 days after the filing of such petition, to | ||||
cause notice thereof
to be published and sent as required by | ||||
this Section, then the secretary of
the regional board of | ||
school trustees of any other region affected may
cause the | ||
required notice to be published and sent, and the joint hearing
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may be held in any region affected as provided in the notice so
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published.
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(b-5) If a petition filed under subsection (a) of Section | ||
7-1 or under
Section 7-2 proposes to annex all the territory of | ||
a school district to another
school district, the petition | ||
shall request the
submission of a proposition at a regular | ||
scheduled election for the purpose of
voting for or against the | ||
annexation of the
territory described in the petition to the | ||
school district proposing to annex
that territory. No petition | ||
filed or election held under this Article shall be
null and | ||
void, invalidated, or deemed in noncompliance with the Election | ||
Code
because of a failure to publish a notice with respect to | ||
the petition or
referendum as required under subsection (g) of | ||
Section 28-2 of that Code for
petitions that are not filed | ||
under this Article or Article 11E
of this Code.
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(c) When a petition contains more than 10 signatures the | ||
petition shall
designate a committee of 10 of the petitioners | ||
as attorney in fact for all
petitioners, any 7 of whom may make | ||
binding stipulations on behalf of all
petitioners as to any | ||
question with respect to the petition or hearing or
joint | ||
hearing, and the regional board of school trustees, or regional
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boards of school trustees in cases of a joint hearing may | ||
accept such
stipulation in lieu of evidence or proof of the | ||
matter stipulated. The
committee of petitioners shall have the | ||
same power to stipulate to
accountings or waiver thereof | ||
between school districts; however, the
regional board of school | ||
trustees, or regional boards of school trustees in
cases of a | ||
joint hearing may refuse to accept such stipulation.
Those | ||
designated as the committee of 10 shall serve in that capacity | ||
until
such time as the regional superintendent of schools or | ||
the committee of 10
determines that, because of death, | ||
resignation, transfer of residency from the
territory, or | ||
failure to qualify, the office of a particular member of the
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committee of 10 is vacant. Upon determination that a vacancy | ||
exists, the
remaining members shall appoint a petitioner to | ||
fill the designated vacancy on
the committee of 10. The | ||
appointment of any new members by the committee of 10
shall be | ||
made by a simple majority vote of the remaining designated | ||
members.
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(d) The petition may be amended to withdraw not to exceed a | ||
total of 10%
of the territory in the petition at any time prior | ||
to the hearing or joint
hearing; provided that the petition | ||
shall after amendment comply with the
requirements as to the | ||
number of signatures required on an original petition.
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(e) The petitioners shall pay the expenses of publishing | ||
the notice and
of any transcript taken at the hearing or joint | ||
hearing; and in case of an
appeal from the decision of the | ||
regional board of school trustees, or
regional boards of school | ||
trustees in cases of a joint hearing, or State
Superintendent | ||
of Education in cases determined under subsection (l) of
this | ||
Section, the appellants shall pay the cost of preparing the | ||
record
for appeal.
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(f) The notice shall state when the petition was filed, the | ||
description
of the territory, the prayer of the petition and | ||
the return day on which
the hearing or joint hearing upon the | ||
petition will be held which shall not
be more than 15 nor less | ||
than 10 days after the publication of notice.
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(g) On such return day or on a day to which the regional | ||
board of school
trustees, or regional boards of school trustees | ||
in cases of a joint
hearing shall continue the hearing or joint | ||
hearing the regional board of
school trustees, or regional | ||
boards of school trustees in cases of a joint
hearing shall | ||
hear the petition but may adjourn the hearing or joint
hearing | ||
from time to time or may continue the matter for want of | ||
sufficient
notice or other good cause.
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(h) Prior to the hearing or joint hearing the secretary of | ||
the regional
board of school trustees shall submit to the | ||
regional board of school trustees,
or regional boards of school | ||
trustees in cases of a joint hearing maps showing
the districts | ||
involved, a written report of financial and educational
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conditions of districts involved and the probable effect of the | ||
proposed
changes. The reports and maps submitted shall be made | ||
a part of the record of
the proceedings of the regional board | ||
of school trustees, or regional boards of
school trustees in | ||
cases of a joint hearing. A copy of the report and maps
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submitted shall be sent by the secretary of the regional board | ||
of school
trustees to each board of the districts involved, not | ||
less than 5 days prior to
the day upon which the hearing or | ||
joint hearing is to be held.
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(i) The regional board of school trustees, or regional | ||
boards of school
trustees in cases of a joint hearing shall | ||
hear evidence as to the school
needs and conditions of the | ||
territory in the area within and adjacent
thereto and the | ||
effect detachment will have on those needs and conditions and | ||
as to the ability of the districts affected to meet the
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standards of recognition as prescribed by the State Board of | ||
Education, and
shall take into consideration the division of | ||
funds and assets which will
result from the change of | ||
boundaries and shall determine whether it is to
the best | ||
interests of the schools of the area and the direct educational | ||
welfare
of the pupils that such change in boundaries be | ||
granted, and in case
non-high school territory is contained in | ||
the petition the normal high
school attendance pattern of the | ||
children shall be taken into
consideration. If the non-high | ||
school territory overlies an elementary
district, a part of | ||
which is in a high school district, such territory may
be | ||
annexed to such high school district even though not contiguous | ||
to the
high school district. However, upon resolution by the | ||
regional board of
school trustees, or regional boards of school | ||
trustees in cases of a joint
hearing the secretary or | ||
secretaries thereof shall conduct the hearing or
joint hearing | ||
upon any boundary petition and present a transcript of such
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hearing to the trustees who shall base their decision upon the | ||
transcript,
maps and information and any presentation of | ||
counsel. In the instance of a change of boundaries through | ||
detachment:
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(1) When considering the effect the detachment will | ||
have on the direct educational welfare of the pupils, the | ||
regional board of school trustees or the regional boards of | ||
school trustees shall consider a comparison of the school | ||
report cards for the schools of the affected districts and | ||
the school district report cards for the affected districts | ||
only if there is no more than a 3% difference in the | ||
minority, low-income, and English learner student | ||
populations of the relevant schools of the districts. | ||
(2) The community of interest of the petitioners and | ||
their children and the effect detachment will have on the | ||
whole child may be considered only if the regional board of | ||
school trustees or the regional boards of school trustees | ||
first determine that there would be a significant direct | ||
educational benefit to the petitioners' children if the | ||
change in boundaries were allowed. | ||
(3) When petitioners cite an annexing district | ||
attendance center or centers in the petition or during | ||
testimony, the regional board of school trustees or the | ||
regional boards of school trustees may consider the | ||
difference in the distances from the detaching area to the | ||
current attendance centers and the cited annexing district | ||
attendance centers only if the difference is no less than | ||
10 miles shorter to one of the cited annexing district | ||
attendance centers than it is to the corresponding current | ||
attendance center. | ||
(4) The regional board of school trustees or the | ||
regional boards of school trustees may not grant a petition | ||
if doing so will increase the percentage of minority or | ||
low-income students or English learners by more than 3% at | ||
the attendance center where students in the detaching | ||
territory currently attend, provided that if the | ||
percentage of any one of those groups also decreases at | ||
that attendance center, the regional board or boards may | ||
grant the petition upon consideration of other factors | ||
under this Section and this Article. | ||
(5) The regional board of school trustees or the | ||
regional boards of school trustees may not consider whether | ||
changing the boundaries will increase the property values | ||
of the petitioners' property. | ||
The factors in subdivisions (1) through (5) of this | ||
subsection (i) are applicable whether or not there are children | ||
residing in the petitioning area at the time the hearing is | ||
conducted. | ||
If the regional board of school trustees or the regional | ||
boards of school trustees grants a petition to change school | ||
district boundaries, then the annexing school district shall | ||
determine the attendance center or centers that children from | ||
the petitioning area shall attend. | ||
(j) At the hearing or joint hearing any resident of the | ||
territory described
in the petition or any resident in any | ||
district affected by the proposed change
of boundaries may | ||
appear in person or by an attorney in support of the
petition | ||
or to object to the granting of the petition and may present
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evidence in support of his position.
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(k) At the conclusion of the hearing, other than a joint | ||
hearing,
the regional superintendent of schools as ex officio | ||
member of the regional
board of school trustees shall within 30 | ||
days enter an order either
granting or denying the petition and | ||
shall deliver to the committee of
petitioners, if any, and any | ||
person who has filed his appearance in
writing at the hearing | ||
and any attorney who appears for any person and
any objector | ||
who testifies at the hearing and the regional superintendent
of | ||
schools a certified copy of its order.
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(l) Notwithstanding the foregoing provisions of this | ||
Section, if
within 9 months after a petition is submitted under | ||
the provisions of
Section 7-1 the petition is not approved or | ||
denied by the regional board of
school trustees and the order | ||
approving or denying that petition entered and
a copy thereof | ||
served as provided in this Section, the school boards or
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registered voters of the districts affected that submitted the | ||
petition (or
the committee of 10, or an attorney acting on its | ||
behalf, if designated
in the petition) may submit a copy of the | ||
petition directly to the State
Superintendent of Education for | ||
approval or denial. The copy of the petition
as so submitted | ||
shall be accompanied by a record of all proceedings had with
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respect to the petition up to the time the copy of the petition | ||
is submitted to
the State Superintendent of Education | ||
(including a copy of any notice given or
published, any | ||
certificate or other proof of publication, copies of any maps | ||
or
written report of the financial and educational conditions | ||
of the school
districts affected if furnished by the secretary | ||
of the regional board of
school trustees, copies of any | ||
amendments to the petition and stipulations
made, accepted or | ||
refused, a transcript of any hearing or part of a hearing
held, | ||
continued or adjourned on the petition, and any orders entered | ||
with
respect to the petition or any hearing held thereon). The | ||
school boards,
registered voters or committee of 10 submitting | ||
the petition and record of
proceedings to the State | ||
Superintendent of Education shall give written notice
by | ||
certified mail, return receipt requested to the regional board | ||
of school
trustees and to the secretary of that board that the | ||
petition has been
submitted to the State Superintendent of | ||
Education for approval or denial, and
shall furnish a copy of | ||
the notice so given to the State Superintendent of
Education. | ||
The cost of assembling the record of proceedings for submission | ||
to
the State Superintendent of Education shall be the | ||
responsibility of the school
boards, registered voters or | ||
committee of 10 that submits the petition and
record of | ||
proceedings to the State Superintendent of Education. When a
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petition is submitted to the State Superintendent of Education | ||
in accordance
with the provisions of this paragraph:
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(1) The regional board of school trustees loses all | ||
jurisdiction over
the petition and shall have no further | ||
authority to hear, approve, deny
or otherwise act with | ||
respect to the petition.
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(2) All jurisdiction over the petition and the right | ||
and duty to hear,
approve, deny or otherwise act with | ||
respect to the petition is transferred
to and shall be | ||
assumed and exercised by the State Superintendent of | ||
Education.
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(3) The State Superintendent of Education shall not be | ||
required to repeat
any proceedings that were conducted in | ||
accordance with the provisions of
this Section prior to the | ||
time jurisdiction over the petition is transferred
to him, | ||
but the State Superintendent of Education shall be required | ||
to give
and publish any notices and hold or complete any | ||
hearings that were
not given, held or completed by the | ||
regional board of school trustees or
its secretary as | ||
required by this Section prior to the time jurisdiction
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over the petition is transferred to the State | ||
Superintendent of Education.
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(4) If so directed by the State Superintendent of | ||
Education, the regional
superintendent of schools shall | ||
submit to the State Superintendent of
Education and to such | ||
school boards as the State Superintendent of Education
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shall prescribe accurate maps and a written report of the | ||
financial and
educational conditions of the districts | ||
affected and the probable effect of
the proposed boundary | ||
changes.
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(5) The State Superintendent is authorized to conduct | ||
further
hearings, or appoint a hearing officer to conduct | ||
further hearings,
on the petition even though a hearing | ||
thereon was held as provided in this
Section prior to the | ||
time jurisdiction over the petition is transferred to
the | ||
State Superintendent of Education.
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(6) The State Superintendent of Education or the | ||
hearing officer shall
hear evidence and approve or deny the | ||
petition and shall enter an order to that
effect and | ||
deliver and serve the same as required in other cases to be | ||
done by
the regional board of school trustees and the | ||
regional superintendent of
schools as an ex officio member | ||
of that board.
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(m) Within 10 days after the conclusion of a joint hearing | ||
required under
the provisions of Section 7-2, each regional | ||
board of school trustees shall
meet together and render a | ||
decision with regard to the joint hearing on the
petition. If | ||
the regional boards of school trustees fail to enter a joint
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order either granting or denying the petition, the regional | ||
superintendent
of schools for the educational service region in | ||
which the joint hearing is
held shall enter an order denying | ||
the petition, and within 30 days after the
conclusion of the | ||
joint hearing shall deliver a copy of the order denying the
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petition to the regional boards of school trustees of each | ||
region affected,
to the committee of petitioners, if any, to | ||
any person who has filed his
appearance in writing at the | ||
hearing and to any attorney who appears for
any person at the | ||
joint hearing. If the regional boards of school trustees
enter | ||
a joint order either granting or denying the petition, the | ||
regional
superintendent of schools for the educational service | ||
region in which the
joint hearing is held shall, within 30 days | ||
of the conclusion of the
hearing, deliver a copy of the joint | ||
order to those same committees and
persons as are entitled to | ||
receive copies of the regional superintendent's
order in cases | ||
where the regional boards of school trustees have failed to
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enter a joint order.
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(n) Within 10 days after service of a copy of the order | ||
granting or
denying the petition, any person so served may | ||
petition for a rehearing
and, upon sufficient cause being | ||
shown, a rehearing may be granted. The
filing of a petition for | ||
rehearing shall operate as a stay of enforcement
until the | ||
regional board of school trustees, or regional boards of school
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trustees in cases of a joint hearing, or State Superintendent | ||
of Education
in cases determined under subsection (l) of this | ||
Section enter the final
order on such petition for rehearing.
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(o) If a petition filed under subsection (a) of Section 7-1 | ||
or under
Section 7-2 is required under the provisions of | ||
subsection (b-5) of this
Section 7-6 to request submission of a | ||
proposition at a regular scheduled
election for the purpose of | ||
voting for or against the annexation of the
territory described | ||
in the petition to the
school district proposing to annex that | ||
territory, and if the petition is
granted or approved by the | ||
regional board or regional boards of school trustees
or by the | ||
State Superintendent of Education, the proposition shall be | ||
placed on
the ballot at the next regular scheduled election.
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(Source: P.A. 94-1019, eff. 7-10-06.)
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(105 ILCS 5/7-14) (from Ch. 122, par. 7-14)
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Sec. 7-14. Bonded indebtedness-Tax rate.
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(a) Beginning on January 1, 2015, whenever the boundaries | ||
of any school district are changed by the attachment or | ||
detachment of territory, the territory that is detached shall | ||
remain liable for its proportionate share of the bonded | ||
indebtedness of the school district from which the territory is | ||
detached. The annexing district shall not, except pursuant to | ||
the approval of a resolution by the school board of the | ||
annexing district prior to the effective date of the change of | ||
boundaries, assume or be responsible for any of the bonded | ||
indebtedness of the district from which the territory is | ||
detached. If the annexing district does not assume the | ||
detaching territory's proportionate share of the bonded | ||
indebtedness of the district from which the territory is | ||
detaching, a tax rate for that bonded indebtedness shall be | ||
determined in the manner provided in Section 19-7 of this Code, | ||
and the county clerk or clerks shall annually extend taxes for | ||
each bond outstanding on the effective date of the change of | ||
boundaries against all of the taxable property situated within | ||
the territory that is detached and within the detaching | ||
district. After the effective date of the change of boundaries, | ||
all of the property situated within the annexing school | ||
district, including the detaching territory, shall be liable | ||
for the bonded indebtedness of that district as it exists on | ||
the effective date of the change of boundaries and any date | ||
thereafter. Except as provided in subsection (b), whenever the | ||
boundaries of any
school district are changed by the annexation | ||
or detachment of territory, each
such district as it exists on | ||
and after such action shall assume the bonded
indebtedness, as | ||
well as financial obligations to the Capital Development Board
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pursuant to Section 35-15 (now repealed) of this
Code, of all | ||
the territory included
therein after such change. 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 against all the taxable property
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situated in the county and contained in each such district as | ||
it exists after
the action. Notwithstanding the provisions of | ||
this subsection, if the
boundaries of a school district are | ||
changed by annexation or detachment of
territory after June 30, | ||
1987, and prior to September 15, 1987, and if the
school | ||
district to which territory is being annexed has no outstanding
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bonded indebtedness on the date such annexation occurs, then | ||
the annexing
school district shall not be liable for any bonded | ||
indebtedness of the
district from which the territory is | ||
detached, and the school district from
which the territory is | ||
detached shall remain liable for all of its bonded
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indebtedness.
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(b) Whenever a school district with bonded indebtedness has | ||
become dissolved
under this Article and its territory annexed | ||
to another district, the
annexing district or districts shall | ||
not, except by action pursuant to
resolution of the school | ||
board of the annexing district prior to the effective
date of | ||
the annexation, assume the bonded indebtedness of the dissolved
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district; nor, except by action pursuant to resolution of the | ||
school
board of the dissolving district, shall the territory of | ||
the dissolved
district assume the bonded indebtedness of the | ||
annexing district or districts.
If the annexing district or | ||
districts do not assume the bonded indebtedness of
the | ||
dissolved district, a tax rate for the bonded indebtedness | ||
shall be
determined in the manner provided in Section 19-7, and | ||
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 the | ||
boundaries existed at the time of the issuance of each bond
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issue regardless of whether the property is still contained in | ||
that same
district at the time of the extension of the taxes by | ||
the county clerk
or clerks.
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(c) Notwithstanding the provisions of Section 19-18 of this | ||
Code, upon resolution of the school board, the county clerk | ||
must extend taxes to pay the principal of and interest on any | ||
bonds issued exclusively to refund any bonded indebtedness of | ||
the annexing school district against all of the taxable | ||
property that was situated within the boundaries of the | ||
annexing district as the boundaries existed at the time of the | ||
issuance of the bonded indebtedness being refunded and not | ||
against any of the taxable property in the dissolved school | ||
district, provided that (i) the net interest rate on the | ||
refunding bonds may not exceed the net interest rate on the | ||
refunded bonds, (ii) the final maturity date of the refunding | ||
bonds may not extend beyond the final maturity date of the | ||
refunded bonds, and (iii) the tax levy to pay the refunding | ||
bonds in any levy year may not exceed the tax levy that would | ||
have been required to pay the refunded bonds for that levy | ||
year. The provisions of this subsection (c) are applicable to | ||
school districts that were dissolved and their territory | ||
annexed to another school district pursuant to a referendum | ||
held in April of 2003. The provisions of this subsection (c), | ||
other than this sentence, are inoperative 2 years after the | ||
effective date of this amendatory Act of the 95th General | ||
Assembly. | ||
(Source: P.A. 94-1105, eff. 6-1-07; 95-1025, eff. 1-6-09.)
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