State of Illinois
92^nd General Assembly
Legislation

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92_SB0932eng

 
SB932 Engrossed                                LRB9204662NTsb

 1        AN ACT concerning schools.

 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 7-2a as follows:

 6        (105 ILCS 5/7-2a) (from Ch. 122, par. 7-2a)
 7        Sec.  7-2a.  (a)  Except as provided in subsection (b) of
 8    this Section, any petition for dissolution filed  under  this
 9    Article  must  specify  the  school  district or districts to
10    which all of the territory of the  district  proposed  to  be
11    dissolved  will be annexed.  Any petition for dissolution may
12    be made by the board  of  education  of  the  district  or  a
13    majority  of  the  legal  voters  residing  in  the  district
14    proposed  to  be  dissolved.   No  petition  from  any  other
15    district  affected  by  the  proposed  dissolution  shall  be
16    required.
17        (b)  Any  school  district with a population of less than
18    5,000 residents shall be dissolved and its territory  annexed
19    as  provided  in Section 7-11 by the regional board of school
20    trustees upon the filing with the regional  board  of  school
21    trustees  of a petition adopted by resolution of the board of
22    education  or  a  petition  signed  by  a  majority  of   the
23    registered  voters  of the district seeking such dissolution.
24    If a petition is initiated by two-thirds  of  the  registered
25    voters  in a school district seeking to annex the district in
26    its entirety to another school district or districts and  the
27    board  of education of the annexing district or districts has
28    not adopted a resolution agreeing to the annexation, then the
29    annexation, if approved  by  the  regional  board  of  school
30    trustees, is not effective until it is approved by the voters
31    in  each affected school district at an election held for the
 
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 1    purpose of voting on the question.    No  petition  shall  be
 2    adopted  or  signed  under this subsection until the board of
 3    education or the petitioners, as the case may be, shall  have
 4    given  at  least  10  days'  notice to be published once in a
 5    newspaper having general  circulation  in  the  district  and
 6    shall have conducted a public informational meeting to inform
 7    the residents of the district of the proposed dissolution and
 8    to answer questions concerning the proposed dissolution.  The
 9    petition  shall  be  filed  with  and  decided  solely by the
10    regional board of school trustees of the region in which  the
11    regional  superintendent  of  schools  has supervision of the
12    school district  being  dissolved.   The  regional  board  of
13    school  trustees shall not act on a petition filed by a board
14    of education if within 45 days after  giving  notice  of  the
15    hearing  required under Section 7-11 a petition in opposition
16    to the petition  of  the  board  to  dissolve,  signed  by  a
17    majority  of  the registered voters of the district, is filed
18    with the regional board of  school  trustees.   The  regional
19    board  of  school  trustees  shall  have no authority to deny
20    dissolution requested in a proper  petition  for  dissolution
21    filed  under this subsection (b), but shall conduct a hearing
22    to determine  the  validity  of  the  petition  exercise  its
23    discretion  in  accordance  with Section 7-11 on the issue of
24    annexing the territory of a district being dissolved,  giving
25    consideration  to but not being bound by the wishes expressed
26    by the residents of the various school districts that may  be
27    affected by such annexation.
28        When  dissolution  and  annexation  become  effective for
29    purposes  of  administration  and  attendance  as  determined
30    pursuant to  Section  7-11,  the  positions  of  teachers  in
31    contractual continued service in the district being dissolved
32    are  transferred  to  an  annexing  district  or  to annexing
33    districts  pursuant  to  the  provisions  of  Section   24-12
34    relative  to  teachers  having  contractual continued service
 
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 1    status whose positions are transferred from one board to  the
 2    control  of  a  different board, and those said provisions of
 3    Section 24-12 shall apply to said transferred  teachers.   In
 4    the event that the territory is added to 2 or more districts,
 5    the decision on which positions shall be transferred to which
 6    annexing  districts shall be made giving consideration to the
 7    proportionate percent of pupils transferred and the  annexing
 8    districts'  staffing  needs,  and  the  transfer  of specific
 9    individuals into such  positions  shall  be  based  upon  the
10    request  of  those  teachers  in  order  of  seniority in the
11    dissolving  district.   The  contractual  continued   service
12    status   of  any  teacher  thereby transferred to an annexing
13    district is not lost and the different board  is  subject  to
14    this Act with respect to such transferred teacher in the same
15    manner  as  if  such teacher was that district's employee and
16    had been its  employee  during  the  time  such  teacher  was
17    actually  employed  by  the  board of the dissolving district
18    from which the position was transferred.
19    (Source: P.A. 86-13; 87-1215.)

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