State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


92_SB0932ham001

 










                                           LRB9204662NTsbam01

 1                    AMENDMENT TO SENATE BILL 932

 2        AMENDMENT NO.     .  Amend Senate Bill 932  by  replacing
 3    everything after the enacting clause with the following:

 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,  (i)  any petition for dissolution filed under
 9    this 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  and  (ii).  any  petition  for
12    dissolution may be made by the  board  of  education  of  the
13    district  or  a  majority of the legal voters residing in the
14    district proposed to be  dissolved.   No  petition  from  any
15    other  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 two-thirds a majority of
 
                            -2-            LRB9204662NTsbam01
 1    the  registered  voters  of   the   district   seeking   such
 2    dissolution.  If a petition is initiated by two-thirds of the
 3    registered  voters  in a school district seeking to annex the
 4    district in  its  entirety  to  another  school  district  or
 5    districts and the board of education of the annexing district
 6    or  districts  has  not  adopted a resolution agreeing to the
 7    annexation, then the annexation, if approved by the  regional
 8    board  of  school  trustees,  is  not  effective  until it is
 9    approved by the voters in each affected school district at an
10    election held for the purpose of voting on the question.   No
11    petition  shall  be  adopted  or signed under this subsection
12    until the board of education or the petitioners, as the  case
13    may  be,  shall  have  given  at  least 10 days' notice to be
14    published once in a newspaper having general  circulation  in
15    the  district and shall have conducted a public informational
16    meeting to inform  the  residents  of  the  district  of  the
17    proposed  dissolution  and to answer questions concerning the
18    proposed dissolution.  The petition shall be filed  with  and
19    decided  solely  by  the regional board of school trustees of
20    the region in which the regional  superintendent  of  schools
21    has  supervision of the school district being dissolved.  The
22    regional board of school trustees shall not act on a petition
23    filed by a board of education if within 45 days after  giving
24    notice  of the hearing required under Section 7-11 a petition
25    in opposition to the  petition  of  the  board  to  dissolve,
26    signed  by  a  majority  of  the  registered  voters  of  the
27    district,   is  filed  with  the  regional  board  of  school
28    trustees.  The regional board of school trustees  shall  have
29    no  authority  to  deny  dissolution  requested  in  a proper
30    petition for dissolution filed under this subsection (b), but
31    shall exercise its discretion in accordance with Section 7-11
32    on the issue of annexing the territory of  a  district  being
33    dissolved, giving consideration to but not being bound by the
34    wishes  expressed  by  the  residents  of  the various school
 
                            -3-            LRB9204662NTsbam01
 1    districts that may be affected by such annexation.
 2        When dissolution  and  annexation  become  effective  for
 3    purposes  of  administration  and  attendance  as  determined
 4    pursuant  to  Section  7-11,  the  positions  of  teachers in
 5    contractual continued service in the district being dissolved
 6    are transferred  to  an  annexing  district  or  to  annexing
 7    districts   pursuant  to  the  provisions  of  Section  24-12
 8    relative to teachers  having  contractual  continued  service
 9    status  whose positions are transferred from one board to the
10    control of a different board, and those  said  provisions  of
11    Section  24-12  shall apply to said transferred teachers.  In
12    the event that the territory is added to 2 or more districts,
13    the decision on which positions shall be transferred to which
14    annexing districts shall be made giving consideration to  the
15    proportionate  percent of pupils transferred and the annexing
16    districts' staffing  needs,  and  the  transfer  of  specific
17    individuals  into  such  positions  shall  be  based upon the
18    request of those  teachers  in  order  of  seniority  in  the
19    dissolving   district.   The  contractual  continued  service
20    status  of any teacher thereby  transferred  to  an  annexing
21    district  is  not  lost and the different board is subject to
22    this Act with respect to such transferred teacher in the same
23    manner as if such teacher was that  district's  employee  and
24    had  been  its  employee  during  the  time  such teacher was
25    actually employed by the board  of  the  dissolving  district
26    from which the position was transferred.
27    (Source: P.A. 86-13; 87-1215.)".

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