State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]


92_SB0932sam001

 










                                             LRB9204662NTsbam

 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,  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
 
                            -2-              LRB9204662NTsbam
 1    registered voters of the district seeking  such  dissolution.
 2    If  a  petition  is initiated by two-thirds of the registered
 3    voters in a school district seeking to annex the district  in
 4    its  entirety to another school district or districts and the
 5    board of education of the annexing district or districts  has
 6    not adopted a resolution agreeing to the annexation, then the
 7    annexation,  if  approved  by  the  regional  board of school
 8    trustees, is not effective until it is approved by the voters
 9    in each affected school district at an election held for  the
10    purpose  of  voting  on  the  question.  No petition shall be
11    adopted or signed under this subsection until  the  board  of
12    education  or the petitioners, as the case may be, shall have
13    given at least 10 days' notice to  be  published  once  in  a
14    newspaper  having  general  circulation  in  the district and
15    shall have conducted a public informational meeting to inform
16    the residents of the district of the proposed dissolution and
17    to answer questions concerning the proposed dissolution.  The
18    petition shall be  filed  with  and  decided  solely  by  the
19    regional  board of school trustees of the region in which the
20    regional superintendent of schools  has  supervision  of  the
21    school  district  being  dissolved.   The  regional  board of
22    school trustees shall not act on a petition filed by a  board
23    of  education  if  within  45 days after giving notice of the
24    hearing required under Section 7-11 a petition in  opposition
25    to  the  petition  of  the  board  to  dissolve,  signed by a
26    majority of the registered voters of the district,  is  filed
27    with  the  regional  board  of school trustees.  The regional
28    board of school trustees shall  have  no  authority  to  deny
29    dissolution  requested  in  a proper petition for dissolution
30    filed under this subsection (b), but shall conduct a  hearing
31    to  determine  the  validity  of  the  petition  exercise its
32    discretion in accordance with Section 7-11 on  the  issue  of
33    annexing  the territory of a district being dissolved, giving
34    consideration to but not being bound by the wishes  expressed
 
                            -3-              LRB9204662NTsbam
 1    by  the residents of the various school districts that may be
 2    affected by such annexation.
 3        When dissolution  and  annexation  become  effective  for
 4    purposes  of  administration  and  attendance  as  determined
 5    pursuant  to  Section  7-11,  the  positions  of  teachers in
 6    contractual continued service in the district being dissolved
 7    are transferred  to  an  annexing  district  or  to  annexing
 8    districts   pursuant  to  the  provisions  of  Section  24-12
 9    relative to teachers  having  contractual  continued  service
10    status  whose positions are transferred from one board to the
11    control of a different board, and those  said  provisions  of
12    Section  24-12  shall apply to said transferred teachers.  In
13    the event that the territory is added to 2 or more districts,
14    the decision on which positions shall be transferred to which
15    annexing districts shall be made giving consideration to  the
16    proportionate  percent of pupils transferred and the annexing
17    districts' staffing  needs,  and  the  transfer  of  specific
18    individuals  into  such  positions  shall  be  based upon the
19    request of those  teachers  in  order  of  seniority  in  the
20    dissolving   district.   The  contractual  continued  service
21    status  of any teacher thereby  transferred  to  an  annexing
22    district  is  not  lost and the different board is subject to
23    this Act with respect to such transferred teacher in the same
24    manner as if such teacher was that  district's  employee  and
25    had  been  its  employee  during  the  time  such teacher was
26    actually employed by the board  of  the  dissolving  district
27    from which the position was transferred.
28    (Source: P.A. 86-13; 87-1215.)".

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