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91_HB0323
LRB9100306NTsbA
1 AN ACT to amend the School Code by changing Section 7-1.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing
5 Section 7-1 as follows:
6 (105 ILCS 5/7-1) (from Ch. 122, par. 7-1)
7 Sec. 7-1. Districts in one educational service region -
8 changing boundaries.
9 (a) School district boundaries lying entirely within any
10 educational service region may be changed by detachment,
11 annexation, division or dissolution or any combination
12 thereof by the regional board of school trustees of such
13 region, or by the State Superintendent of Education as
14 provided in subsection (l) of Section 7-6, when petitioned by
15 the boards of each district affected or by a majority of the
16 registered voters in each district affected or by two-thirds
17 of the registered voters in any territory proposed to be
18 detached from one or more districts or in each of one or more
19 districts proposed to be annexed to another district.
20 Registered voters shall be determined by the official voter
21 registration lists as of the date the petition is filed. No
22 signatures shall be added after the date the petition is
23 filed. If there are no registered voters within the
24 territory proposed to be detached from one or more districts,
25 then the petition may be signed by all of the owners of
26 record of the real estate of the territory. Notwithstanding
27 any other provisions of this Article, if pursuant to a
28 petition filed under this subsection all of the territory of
29 a school district is to be annexed to another school
30 district, any action by the regional board of school trustees
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1 or State Superintendent of Education in granting or approving
2 the petition and any change in school district boundaries
3 pursuant to that action is subject to and the change in
4 school district boundaries shall not be made except upon
5 approval at a regular scheduled election, in the manner
6 provided by Section 7-7.7, of a proposition for the
7 annexation of all of the territory of that school district to
8 the other school district.
9 Each page of the circulated petition shall include the
10 full prayer of the petition, and each signature contained
11 therein shall match the official signature and address of the
12 registered voters as recorded in the office of the election
13 authority having jurisdiction over the county. Each
14 petitioner shall also record the date of his signing. Each
15 page of the petition shall be signed by a circulator who has
16 witnessed the signature of each petitioner on that page. The
17 length of time for signatures to be valid, before filing of
18 the petition, shall not exceed 6 months.
19 Where there is only one school building in an approved
20 operating district, the building and building site may not be
21 included in any detachment proceeding unless petitioned by
22 two-thirds of the registered voters within the entire
23 district wherein the school is located.
24 (b) Any elementary or high school district with 100 or
25 more of its students residing upon territory located entirely
26 within a military base or installation operated and
27 maintained by the government of the United States, or any
28 unit school district or any combination of the above
29 mentioned districts with 300 or more of its students residing
30 upon territory located entirely within a military base or
31 installation operated and maintained by the government of the
32 United States, shall, upon the filing with the regional board
33 of school trustees of a petition adopted by resolution of the
34 board of education or a petition signed by a majority of the
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1 registered voters residing upon such military base or
2 installation, have all of the territory lying entirely within
3 such military base or installation detached from such school
4 district, and a new school district comprised of such
5 territory shall be created. The petition shall be filed with
6 and decided solely by the regional board of school trustees
7 of the region in which the regional superintendent of schools
8 has supervision of the school district affected. The
9 regional board of school trustees shall have no authority to
10 deny the detachment and creation of a new school district
11 requested in a proper petition filed under this subsection.
12 This subsection shall apply only to those school districts
13 having a population of not fewer than 1,000 and not more than
14 500,000 residents, as ascertained by any special or general
15 census.
16 The new school district shall tuition its students to the
17 same districts that its students were previously attending
18 and the districts from which the new district was detached
19 shall continue to educate the students from the new district,
20 until the federal government provides other arrangements.
21 The federal government shall pay for the education of such
22 children as required by Section 6 of Public Law 81-874.
23 If a school district created under this subsection (b)
24 has not elected a school board and has not become operational
25 within 2 years after the date of detachment, then this
26 district is automatically dissolved and the territory of this
27 district reverts to the school district from which the
28 territory was detached or any successor district thereto.
29 Any school district created under this subsection (b) on or
30 before September 1, 1996 that has not elected a school board
31 and has not been operational since September 1, 1996 is
32 automatically dissolved on the effective date of this
33 amendatory Act of 1999, and on this date the territory of
34 this district reverts to the school district from which the
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1 territory was detached. For the automatic dissolution of a
2 school district created under this subsection (b), the
3 regional superintendent of schools who has supervision of the
4 school district from which the territory was detached shall
5 certify to the regional board of school trustees that the
6 school district created under this subsection (b) has been
7 automatically dissolved.
8 (Source: P.A. 90-459, eff. 8-17-97.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.