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91_HB1220
LRB9105102NTsbA
1 AN ACT to amend the School Code by changing Section
2 7-2.6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Section 7-2.6 as follow:
7 (105 ILCS 5/7-2.6) (from Ch. 122, par. 7-2.6)
8 Sec. 7-2.6. Hearing Board; proceedings. At its
9 organization meeting, the Hearing Board shall choose from its
10 membership a chairman and a secretary. The secretary shall
11 cause a copy of such petition to be sent to each board of any
12 district involved in the proposed boundary change, and shall
13 cause a notice thereof to be published once in a newspaper
14 having general circulation within the area of the territory
15 described in the petition for the proposed change of
16 boundaries. The petitioners shall pay the expenses of
17 publishing the notice and of any transcript taken at the
18 hearing. In case of an appeal from the decision of the
19 Hearing Board, the appellants shall pay the cost of preparing
20 the record for appeal. The notice must state when the
21 petition was filed, the description of the territory, the
22 prayer of the petition, and the day on which the hearing upon
23 the petition will be held, which day may not be more than 15
24 nor less than 10 days after the publication of notice. Any
25 additional expense not enumerated above shall be borne
26 equally by the school districts involved.
27 The Hearing Board shall hear the petition and determine
28 the sufficiency thereof and may adjourn the hearing from time
29 to time or continue the matter for want of sufficient notice
30 or for other good cause. The Hearing Board (a) shall hear
31 evidence as to the school needs and conditions of the
-2- LRB9105102NTsbA
1 territory in the area within and adjacent thereto, and as to
2 the ability of the districts affected to meet the standards
3 of recognition as prescribed by the State Board of Education,
4 (b) shall take into consideration the division of funds and
5 assets which will result from any change of boundaries, and
6 the will of the people of the area affected, and (c) shall
7 determine whether it is to the best interests of the schools
8 of the area and the educational welfare of the pupils should
9 such change in boundaries be granted.
10 The Hearing Board may administer oaths, determine the
11 admissibility of evidence and issue subpoenas for the
12 attendance of witnesses and subpoena duces tecum for the
13 production of documents. At the hearing any resident in the
14 territory prescribed in the petition, or any resident in any
15 district affected by the proposed change of boundaries, may
16 appear in person or by attorney in support of the petition or
17 to object to the granting of the petition and may give
18 evidence in support of his or her position. At the conclusion
19 of the hearing, the Hearing Board shall, within 30 days,
20 enter an order either granting or denying the petition, and
21 shall deliver to the petitioners, to all affected districts,
22 to any person who has filed his or her appearance in writing
23 at the hearing or to any attorney who appears for any person,
24 to any objector who testified at such hearing, and to the
25 regional superintendent of schools of each region in which
26 the territory or any district affected lies, a certified copy
27 of its order by registered mail.
28 Within 10 days after service of the certified copy of the
29 order, any person so served may petition for rehearing and
30 upon sufficient cause being shown, the Hearing Board may
31 grant a rehearing. The filing of a petition for rehearing
32 operates as a stay of enforcement until the board enters its
33 final order on that petition for rehearing.
34 (Source: P.A. 84-551.)