Public Act 099-0475

SB0224 Enrolled LRB099 03159 NHT 23167 b

AN ACT concerning education.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The School Code is amended by changing Sections

7-6 and 7-14 as follows:

(105 ILCS 5/7-6) (from Ch. 122, par. 7-6)

Sec. 7-6. Petition filing; Notice; Hearing; Decision.

(a) Upon the filing of a petition with the secretary of the

regional board of school trustees under the provisions of

Section 7-1 or 7-2 of this Act the secretary shall cause a copy

of such petition to be given to each board of any district

involved in the proposed boundary change and shall cause a

notice thereof to be published once in a newspaper having

general circulation within the area of the territory described

in the petition for the proposed change of boundaries.

(b) When a joint hearing is required under the provisions

of Section 7-2, the secretary also shall cause a copy of the

notice to be sent to the regional board of school trustees of

each region affected. Notwithstanding the foregoing provisions

of this Section, if the secretary of the regional board of

school trustees with whom a petition is filed under Section 7-2

fails, within 30 days after the filing of such petition, to

cause notice thereof to be published and sent as required by

this Section, then the secretary of the regional board of

school trustees of any other region affected may cause the

required notice to be published and sent, and the joint hearing

may be held in any region affected as provided in the notice so

published.

(b-5) If a petition filed under subsection (a) of Section

7-1 or under Section 7-2 proposes to annex all the territory of

a school district to another school district, the petition

shall request the submission of a proposition at a regular

scheduled election for the purpose of voting for or against the

annexation of the territory described in the petition to the

school district proposing to annex that territory. No petition

filed or election held under this Article shall be null and

void, invalidated, or deemed in noncompliance with the Election

Code because of a failure to publish a notice with respect to

the petition or referendum as required under subsection (g) of

Section 28-2 of that Code for petitions that are not filed

under this Article or Article 11E of this Code.

(c) When a petition contains more than 10 signatures the

petition shall designate a committee of 10 of the petitioners

as attorney in fact for all petitioners, any 7 of whom may make

binding stipulations on behalf of all petitioners as to any

question with respect to the petition or hearing or joint

hearing, and the regional board of school trustees, or regional

boards of school trustees in cases of a joint hearing may

accept such stipulation in lieu of evidence or proof of the

matter stipulated. The committee of petitioners shall have the

same power to stipulate to accountings or waiver thereof

between school districts; however, the regional board of school

trustees, or regional boards of school trustees in cases of a

joint hearing may refuse to accept such stipulation. Those

designated as the committee of 10 shall serve in that capacity

until such time as the regional superintendent of schools or

the committee of 10 determines that, because of death,

resignation, transfer of residency from the territory, or

failure to qualify, the office of a particular member of the

committee of 10 is vacant. Upon determination that a vacancy

exists, the remaining members shall appoint a petitioner to

fill the designated vacancy on the committee of 10. The

appointment of any new members by the committee of 10 shall be

made by a simple majority vote of the remaining designated

members.

(d) The petition may be amended to withdraw not to exceed a

total of 10% of the territory in the petition at any time prior

to the hearing or joint hearing; provided that the petition

shall after amendment comply with the requirements as to the

number of signatures required on an original petition.

(e) The petitioners shall pay the expenses of publishing

the notice and of any transcript taken at the hearing or joint

hearing; and in case of an appeal from the decision of the

regional board of school trustees, or regional boards of school

trustees in cases of a joint hearing, or State Superintendent

of Education in cases determined under subsection (l) of this

Section, the appellants shall pay the cost of preparing the

record for appeal.

(f) The notice shall state when the petition was filed, the

description of the territory, the prayer of the petition and

the return day on which the hearing or joint hearing upon the

petition will be held which shall not be more than 15 nor less

than 10 days after the publication of notice.

(g) On such return day or on a day to which the regional

board of school trustees, or regional boards of school trustees

in cases of a joint hearing shall continue the hearing or joint

hearing the regional board of school trustees, or regional

boards of school trustees in cases of a joint hearing shall

hear the petition but may adjourn the hearing or joint hearing

from time to time or may continue the matter for want of

sufficient notice or other good cause.

(h) Prior to the hearing or joint hearing the secretary of

the regional board of school trustees shall submit to the

regional board of school trustees, or regional boards of school

trustees in cases of a joint hearing maps showing the districts

involved, a written report of financial and educational

conditions of districts involved and the probable effect of the

proposed changes. The reports and maps submitted shall be made

a part of the record of the proceedings of the regional board

of school trustees, or regional boards of school trustees in

cases of a joint hearing. A copy of the report and maps

submitted shall be sent by the secretary of the regional board

of school trustees to each board of the districts involved, not

less than 5 days prior to the day upon which the hearing or

joint hearing is to be held.

(i) The regional board of school trustees, or regional

boards of school trustees in cases of a joint hearing shall

hear evidence as to the school needs and conditions of the

territory in the area within and adjacent thereto and the

effect detachment will have on those needs and conditions and

as to the ability of the districts affected to meet the

standards of recognition as prescribed by the State Board of

Education, and shall take into consideration the division of

funds and assets which will result from the change of

boundaries and shall determine whether it is to the best

interests of the schools of the area and the direct educational

welfare of the pupils that such change in boundaries be

granted, and in case non-high school territory is contained in

the petition the normal high school attendance pattern of the

children shall be taken into consideration. If the non-high

school territory overlies an elementary district, a part of

which is in a high school district, such territory may be

annexed to such high school district even though not contiguous

to the high school district. However, upon resolution by the

regional board of school trustees, or regional boards of school

trustees in cases of a joint hearing the secretary or

secretaries thereof shall conduct the hearing or joint hearing

upon any boundary petition and present a transcript of such

hearing to the trustees who shall base their decision upon the

transcript, maps and information and any presentation of

counsel. In the instance of a change of boundaries through

detachment:

(1) When considering the effect the detachment will

have on the direct educational welfare of the pupils, the

regional board of school trustees or the regional boards of

school trustees shall consider a comparison of the school

report cards for the schools of the affected districts and

the school district report cards for the affected districts

only if there is no more than a 3% difference in the

minority, low-income, and English learner student

populations of the relevant schools of the districts.

(2) The community of interest of the petitioners and

their children and the effect detachment will have on the

whole child may be considered only if the regional board of

school trustees or the regional boards of school trustees

first determine that there would be a significant direct

educational benefit to the petitioners' children if the

change in boundaries were allowed.

(3) When petitioners cite an annexing district

attendance center or centers in the petition or during

testimony, the regional board of school trustees or the

regional boards of school trustees may consider the

difference in the distances from the detaching area to the

current attendance centers and the cited annexing district

attendance centers only if the difference is no less than

10 miles shorter to one of the cited annexing district

attendance centers than it is to the corresponding current

attendance center.

(4) The regional board of school trustees or the

regional boards of school trustees may not grant a petition

if doing so will increase the percentage of minority or

low-income students or English learners by more than 3% at

the attendance center where students in the detaching

territory currently attend, provided that if the

percentage of any one of those groups also decreases at

that attendance center, the regional board or boards may

grant the petition upon consideration of other factors

under this Section and this Article.

(5) The regional board of school trustees or the

regional boards of school trustees may not consider whether

changing the boundaries will increase the property values

of the petitioners' property.

The factors in subdivisions (1) through (5) of this

subsection (i) are applicable whether or not there are children

residing in the petitioning area at the time the hearing is

conducted.

If the regional board of school trustees or the regional

boards of school trustees grants a petition to change school

district boundaries, then the annexing school district shall

determine the attendance center or centers that children from

the petitioning area shall attend.

(j) At the hearing or joint hearing any resident of the

territory described in the petition or any resident in any

district affected by the proposed change of boundaries may

appear in person or by an attorney in support of the petition

or to object to the granting of the petition and may present

evidence in support of his position.

(k) At the conclusion of the hearing, other than a joint

hearing, the regional superintendent of schools as ex officio

member of the regional board of school trustees shall within 30

days enter an order either granting or denying the petition and

shall deliver to the committee of petitioners, if any, and any

person who has filed his appearance in writing at the hearing

and any attorney who appears for any person and any objector

who testifies at the hearing and the regional superintendent of

schools a certified copy of its order.

(l) Notwithstanding the foregoing provisions of this

Section, if within 9 months after a petition is submitted under

the provisions of Section 7-1 the petition is not approved or

denied by the regional board of school trustees and the order

approving or denying that petition entered and a copy thereof

served as provided in this Section, the school boards or

registered voters of the districts affected that submitted the

petition (or the committee of 10, or an attorney acting on its

behalf, if designated in the petition) may submit a copy of the

petition directly to the State Superintendent of Education for

approval or denial. The copy of the petition as so submitted

shall be accompanied by a record of all proceedings had with

respect to the petition up to the time the copy of the petition

is submitted to the State Superintendent of Education

(including a copy of any notice given or published, any

certificate or other proof of publication, copies of any maps

or written report of the financial and educational conditions

of the school districts affected if furnished by the secretary

of the regional board of school trustees, copies of any

amendments to the petition and stipulations made, accepted or

refused, a transcript of any hearing or part of a hearing held,

continued or adjourned on the petition, and any orders entered

with respect to the petition or any hearing held thereon). The

school boards, registered voters or committee of 10 submitting

the petition and record of proceedings to the State

Superintendent of Education shall give written notice by

certified mail, return receipt requested to the regional board

of school trustees and to the secretary of that board that the

petition has been submitted to the State Superintendent of

Education for approval or denial, and shall furnish a copy of

the notice so given to the State Superintendent of Education.

The cost of assembling the record of proceedings for submission

to the State Superintendent of Education shall be the

responsibility of the school boards, registered voters or

committee of 10 that submits the petition and record of

proceedings to the State Superintendent of Education. When a

petition is submitted to the State Superintendent of Education

in accordance with the provisions of this paragraph:

(1) The regional board of school trustees loses all

jurisdiction over the petition and shall have no further

authority to hear, approve, deny or otherwise act with

respect to the petition.

(2) All jurisdiction over the petition and the right

and duty to hear, approve, deny or otherwise act with

respect to the petition is transferred to and shall be

assumed and exercised by the State Superintendent of

Education.

(3) The State Superintendent of Education shall not be

required to repeat any proceedings that were conducted in

accordance with the provisions of this Section prior to the

time jurisdiction over the petition is transferred to him,

but the State Superintendent of Education shall be required

to give and publish any notices and hold or complete any

hearings that were not given, held or completed by the

regional board of school trustees or its secretary as

required by this Section prior to the time jurisdiction

over the petition is transferred to the State

Superintendent of Education.

(4) If so directed by the State Superintendent of

Education, the regional superintendent of schools shall

submit to the State Superintendent of Education and to such

school boards as the State Superintendent of Education

shall prescribe accurate maps and a written report of the

financial and educational conditions of the districts

affected and the probable effect of the proposed boundary

changes.

(5) The State Superintendent is authorized to conduct

further hearings, or appoint a hearing officer to conduct

further hearings, on the petition even though a hearing

thereon was held as provided in this Section prior to the

time jurisdiction over the petition is transferred to the

State Superintendent of Education.

(6) The State Superintendent of Education or the

hearing officer shall hear evidence and approve or deny the

petition and shall enter an order to that effect and

deliver and serve the same as required in other cases to be

done by the regional board of school trustees and the

regional superintendent of schools as an ex officio member

of that board.

(m) Within 10 days after the conclusion of a joint hearing

required under the provisions of Section 7-2, each regional

board of school trustees shall meet together and render a

decision with regard to the joint hearing on the petition. If

the regional boards of school trustees fail to enter a joint

order either granting or denying the petition, the regional

superintendent of schools for the educational service region in

which the joint hearing is held shall enter an order denying

the petition, and within 30 days after the conclusion of the

joint hearing shall deliver a copy of the order denying the

petition to the regional boards of school trustees of each

region affected, to the committee of petitioners, if any, to

any person who has filed his appearance in writing at the

hearing and to any attorney who appears for any person at the

joint hearing. If the regional boards of school trustees enter

a joint order either granting or denying the petition, the

regional superintendent of schools for the educational service

region in which the joint hearing is held shall, within 30 days

of the conclusion of the hearing, deliver a copy of the joint

order to those same committees and persons as are entitled to

receive copies of the regional superintendent's order in cases

where the regional boards of school trustees have failed to

enter a joint order.

(n) Within 10 days after service of a copy of the order

granting or denying the petition, any person so served may

petition for a rehearing and, upon sufficient cause being

shown, a rehearing may be granted. The filing of a petition for

rehearing shall operate as a stay of enforcement until the

regional board of school trustees, or regional boards of school

trustees in cases of a joint hearing, or State Superintendent

of Education in cases determined under subsection (l) of this

Section enter the final order on such petition for rehearing.

(o) If a petition filed under subsection (a) of Section 7-1

or under Section 7-2 is required under the provisions of

subsection (b-5) of this Section 7-6 to request submission of a

proposition at a regular scheduled election for the purpose of

voting for or against the annexation of the territory described

in the petition to the school district proposing to annex that

territory, and if the petition is granted or approved by the

regional board or regional boards of school trustees or by the

State Superintendent of Education, the proposition shall be

placed on the ballot at the next regular scheduled election.

(Source: P.A. 94-1019, eff. 7-10-06.)

(105 ILCS 5/7-14) (from Ch. 122, par. 7-14)

Sec. 7-14. Bonded indebtedness-Tax rate.

(a) Beginning on January 1, 2015, whenever the boundaries

of any school district are changed by the attachment or

detachment of territory, the territory that is detached shall

remain liable for its proportionate share of the bonded

indebtedness of the school district from which the territory is

detached. The annexing district shall not, except pursuant to

the approval of a resolution by the school board of the

annexing district prior to the effective date of the change of

boundaries, assume or be responsible for any of the bonded

indebtedness of the district from which the territory is

detached. If the annexing district does not assume the

detaching territory's proportionate share of the bonded

indebtedness of the district from which the territory is

detaching, a tax rate for that bonded indebtedness shall be

determined in the manner provided in Section 19-7 of this Code,

and the county clerk or clerks shall annually extend taxes for

each bond outstanding on the effective date of the change of

boundaries against all of the taxable property situated within

the territory that is detached and within the detaching

district. After the effective date of the change of boundaries,

all of the property situated within the annexing school

district, including the detaching territory, shall be liable

for the bonded indebtedness of that district as it exists on

the effective date of the change of boundaries and any date

thereafter. Except as provided in subsection (b), whenever the

boundaries of any school district are changed by the annexation

or detachment of territory, each such district as it exists on

and after such action shall assume the bonded indebtedness, as

well as financial obligations to the Capital Development Board

pursuant to Section 35-15 (now repealed) of this Code, of all

the territory included therein after such change. The tax rate

for bonded indebtedness shall be determined in the manner

provided in Section 19-7 of this Act, except the County Clerk

shall annually extend taxes against all the taxable property

situated in the county and contained in each such district as

it exists after the action. Notwithstanding the provisions of

this subsection, if the boundaries of a school district are

changed by annexation or detachment of territory after June 30,

1987, and prior to September 15, 1987, and if the school

district to which territory is being annexed has no outstanding

bonded indebtedness on the date such annexation occurs, then

the annexing school district shall not be liable for any bonded

indebtedness of the district from which the territory is

detached, and the school district from which the territory is

detached shall remain liable for all of its bonded

indebtedness.

(b) Whenever a school district with bonded indebtedness has

become dissolved under this Article and its territory annexed

to another district, the annexing district or districts shall

not, except by action pursuant to resolution of the school

board of the annexing district prior to the effective date of

the annexation, assume the bonded indebtedness of the dissolved

district; nor, except by action pursuant to resolution of the

school board of the dissolving district, shall the territory of

the dissolved district assume the bonded indebtedness of the

annexing district or districts. If the annexing district or

districts do not assume the bonded indebtedness of the

dissolved district, a tax rate for the bonded indebtedness

shall be determined in the manner provided in Section 19-7, and

the county clerk or clerks shall annually extend taxes for each

outstanding bond issue against all the taxable property that

was situated within the boundaries of the district as the

boundaries existed at the time of the issuance of each bond

issue regardless of whether the property is still contained in

that same district at the time of the extension of the taxes by

the county clerk or clerks.

(c) Notwithstanding the provisions of Section 19-18 of this

Code, upon resolution of the school board, the county clerk

must extend taxes to pay the principal of and interest on any

bonds issued exclusively to refund any bonded indebtedness of

the annexing school district against all of the taxable

property that was situated within the boundaries of the

annexing district as the boundaries existed at the time of the

issuance of the bonded indebtedness being refunded and not

against any of the taxable property in the dissolved school

district, provided that (i) the net interest rate on the

refunding bonds may not exceed the net interest rate on the

refunded bonds, (ii) the final maturity date of the refunding

bonds may not extend beyond the final maturity date of the

refunded bonds, and (iii) the tax levy to pay the refunding

bonds in any levy year may not exceed the tax levy that would

have been required to pay the refunded bonds for that levy

year. The provisions of this subsection (c) are applicable to

school districts that were dissolved and their territory

annexed to another school district pursuant to a referendum

held in April of 2003. The provisions of this subsection (c),

other than this sentence, are inoperative 2 years after the

effective date of this amendatory Act of the 95th General

Assembly.

(Source: P.A. 94-1105, eff. 6-1-07; 95-1025, eff. 1-6-09.)