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1 AN ACT concerning education.


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

3represented in the General Assembly:



4 Section 5. The School Code is amended by changing Sections 
57-6 and 7-14 as follows:




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



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

8 (a) Upon the filing of a petition with the secretary of the 
9regional board
of school trustees under the provisions of 
10Section 7-1 or 7-2 of this
Act the secretary shall cause a copy 
11of such petition to be given to
each board of any district 
12involved in the proposed boundary change and
shall cause a 
13notice thereof to be published once in a newspaper having

14general circulation within the area of the territory described 
15in the
petition for the proposed change of boundaries.

16 (b) When a joint hearing is required under the provisions 
17of Section
7-2, the secretary also shall cause a copy of the 
18notice to be sent to the
regional board of school trustees of 
19each region affected. Notwithstanding
the foregoing provisions 
20of this Section, if the secretary of the regional
board of 
21school trustees with whom a petition is filed under Section 7-2 
22fails,
within 30 days after the filing of such petition, to 
23cause notice thereof
to be published and sent as required by 
 
 
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1this Section, then the secretary of
the regional board of 
2school trustees of any other region affected may
cause the 
3required notice to be published and sent, and the joint hearing

4may be held in any region affected as provided in the notice so

5published.

6 (b-5) If a petition filed under subsection (a) of Section 
77-1 or under
Section 7-2 proposes to annex all the territory of 
8a school district to another
school district, the petition 
9shall request the
submission of a proposition at a regular 
10scheduled election for the purpose of
voting for or against the 
11annexation of the
territory described in the petition to the 
12school district proposing to annex
that territory. No petition 
13filed or election held under this Article shall be
null and 
14void, invalidated, or deemed in noncompliance with the Election 
15Code
because of a failure to publish a notice with respect to 
16the petition or
referendum as required under subsection (g) of 
17Section 28-2 of that Code for
petitions that are not filed 
18under this Article or Article 11E
of this Code.

19 (c) When a petition contains more than 10 signatures the 
20petition shall
designate a committee of 10 of the petitioners 
21as attorney in fact for all
petitioners, any 7 of whom may make 
22binding stipulations on behalf of all
petitioners as to any 
23question with respect to the petition or hearing or
joint 
24hearing, and the regional board of school trustees, or regional

25boards of school trustees in cases of a joint hearing may 
26accept such
stipulation in lieu of evidence or proof of the 
 
 
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1matter stipulated. The
committee of petitioners shall have the 
2same power to stipulate to
accountings or waiver thereof 
3between school districts; however, the
regional board of school 
4trustees, or regional boards of school trustees in
cases of a 
5joint hearing may refuse to accept such stipulation.
Those 
6designated as the committee of 10 shall serve in that capacity 
7until
such time as the regional superintendent of schools or 
8the committee of 10
determines that, because of death, 
9resignation, transfer of residency from the
territory, or 
10failure to qualify, the office of a particular member of the

11committee of 10 is vacant. Upon determination that a vacancy 
12exists, the
remaining members shall appoint a petitioner to 
13fill the designated vacancy on
the committee of 10. The 
14appointment of any new members by the committee of 10
shall be 
15made by a simple majority vote of the remaining designated 
16members.

17 (d) The petition may be amended to withdraw not to exceed a 
18total of 10%
of the territory in the petition at any time prior 
19to the hearing or joint
hearing; provided that the petition 
20shall after amendment comply with the
requirements as to the 
21number of signatures required on an original petition.

22 (e) The petitioners shall pay the expenses of publishing 
23the notice and
of any transcript taken at the hearing or joint 
24hearing; and in case of an
appeal from the decision of the 
25regional board of school trustees, or
regional boards of school 
26trustees in cases of a joint hearing, or State
Superintendent 
 
 
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1of Education in cases determined under subsection (l) of
this 
2Section, the appellants shall pay the cost of preparing the 
3record
for appeal.

4 (f) The notice shall state when the petition was filed, the 
5description
of the territory, the prayer of the petition and 
6the return day on which
the hearing or joint hearing upon the 
7petition will be held which shall not
be more than 15 nor less 
8than 10 days after the publication of notice.

9 (g) On such return day or on a day to which the regional 
10board of school
trustees, or regional boards of school trustees 
11in cases of a joint
hearing shall continue the hearing or joint 
12hearing the regional board of
school trustees, or regional 
13boards of school trustees in cases of a joint
hearing shall 
14hear the petition but may adjourn the hearing or joint
hearing 
15from time to time or may continue the matter for want of 
16sufficient
notice or other good cause.

17 (h) Prior to the hearing or joint hearing the secretary of 
18the regional
board of school trustees shall submit to the 
19regional board of school trustees,
or regional boards of school 
20trustees in cases of a joint hearing maps showing
the districts 
21involved, a written report of financial and educational

22conditions of districts involved and the probable effect of the 
23proposed
changes. The reports and maps submitted shall be made 
24a part of the record of
the proceedings of the regional board 
25of school trustees, or regional boards of
school trustees in 
26cases of a joint hearing. A copy of the report and maps

 
 
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1submitted shall be sent by the secretary of the regional board 
2of school
trustees to each board of the districts involved, not 
3less than 5 days prior to
the day upon which the hearing or 
4joint hearing is to be held.

5 (i) The regional board of school trustees, or regional 
6boards of school
trustees in cases of a joint hearing shall 
7hear evidence as to the school
needs and conditions of the 
8territory in the area within and adjacent
thereto and the 
9effect detachment will have on those needs and conditions and 
10as to the ability of the districts affected to meet the

11standards of recognition as prescribed by the State Board of 
12Education, and
shall take into consideration the division of 
13funds and assets which will
result from the change of 
14boundaries and shall determine whether it is to
the best 
15interests of the schools of the area and the direct educational 
16welfare
of the pupils that such change in boundaries be 
17granted, and in case
non-high school territory is contained in 
18the petition the normal high
school attendance pattern of the 
19children shall be taken into
consideration. If the non-high 
20school territory overlies an elementary
district, a part of 
21which is in a high school district, such territory may
be 
22annexed to such high school district even though not contiguous 
23to the
high school district. However, upon resolution by the 
24regional board of
school trustees, or regional boards of school 
25trustees in cases of a joint
hearing the secretary or 
26secretaries thereof shall conduct the hearing or
joint hearing 
 
 
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1upon any boundary petition and present a transcript of such

2hearing to the trustees who shall base their decision upon the 
3transcript,
maps and information and any presentation of 
4counsel. In the instance of a change of boundaries through 
5detachment: 

6  (1) When considering the effect the detachment will 
7 have on the direct educational welfare of the pupils, the 
8 regional board of school trustees or the regional boards of 
9 school trustees shall consider a comparison of the school 
10 report cards for the schools of the affected districts and 
11 the school district report cards for the affected districts 
12 only if there is no more than a 3% difference in the 
13 minority, low-income, and English learner student 
14 populations of the relevant schools of the districts. 
15  (2) The community of interest of the petitioners and 
16 their children and the effect detachment will have on the 
17 whole child may be considered only if the regional board of 
18 school trustees or the regional boards of school trustees 
19 first determine that there would be a significant direct 
20 educational benefit to the petitioners' children if the 
21 change in boundaries were allowed. 
22  (3) When petitioners cite an annexing district 
23 attendance center or centers in the petition or during 
24 testimony, the regional board of school trustees or the 
25 regional boards of school trustees may consider the 
26 difference in the distances from the detaching area to the 
 
 
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1 current attendance centers and the cited annexing district 
2 attendance centers only if the difference is no less than 
3 10 miles shorter to one of the cited annexing district 
4 attendance centers than it is to the corresponding current 
5 attendance center.
6  (4) The regional board of school trustees or the 
7 regional boards of school trustees may not grant a petition 
8 if doing so will increase the percentage of minority or 
9 low-income students or English learners by more than 3% at 
10 the attendance center where students in the detaching 
11 territory currently attend, provided that if the 
12 percentage of any one of those groups also decreases at 
13 that attendance center, the regional board or boards may 
14 grant the petition upon consideration of other factors 
15 under this Section and this Article. 
16  (5) The regional board of school trustees or the 
17 regional boards of school trustees may not consider whether 
18 changing the boundaries will increase the property values 
19 of the petitioners' property. 
20 The factors in subdivisions (1) through (5) of this 
21subsection (i) are applicable whether or not there are children 
22residing in the petitioning area at the time the hearing is 
23conducted. 
24 If the regional board of school trustees or the regional 
25boards of school trustees grants a petition to change school 
26district boundaries, then the annexing school district shall 
 
 
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1determine the attendance center or centers that children from 
2the petitioning area shall attend. 
3 (j) At the hearing or joint hearing any resident of the 
4territory described
in the petition or any resident in any 
5district affected by the proposed change
of boundaries may 
6appear in person or by an attorney in support of the
petition 
7or to object to the granting of the petition and may present

8evidence in support of his position.

9 (k) At the conclusion of the hearing, other than a joint 
10hearing,
the regional superintendent of schools as ex officio 
11member of the regional
board of school trustees shall within 30 
12days enter an order either
granting or denying the petition and 
13shall deliver to the committee of
petitioners, if any, and any 
14person who has filed his appearance in
writing at the hearing 
15and any attorney who appears for any person and
any objector 
16who testifies at the hearing and the regional superintendent
of 
17schools a certified copy of its order.

18 (l) Notwithstanding the foregoing provisions of this 
19Section, if
within 9 months after a petition is submitted under 
20the provisions of
Section 7-1 the petition is not approved or 
21denied by the regional board of
school trustees and the order 
22approving or denying that petition entered and
a copy thereof 
23served as provided in this Section, the school boards or

24registered voters of the districts affected that submitted the 
25petition (or
the committee of 10, or an attorney acting on its 
26behalf, if designated
in the petition) may submit a copy of the 
 
 
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1petition directly to the State
Superintendent of Education for 
2approval or denial. The copy of the petition
as so submitted 
3shall be accompanied by a record of all proceedings had with

4respect to the petition up to the time the copy of the petition 
5is submitted to
the State Superintendent of Education 
6(including a copy of any notice given or
published, any 
7certificate or other proof of publication, copies of any maps 
8or
written report of the financial and educational conditions 
9of the school
districts affected if furnished by the secretary 
10of the regional board of
school trustees, copies of any 
11amendments to the petition and stipulations
made, accepted or 
12refused, a transcript of any hearing or part of a hearing
held, 
13continued or adjourned on the petition, and any orders entered 
14with
respect to the petition or any hearing held thereon). The 
15school boards,
registered voters or committee of 10 submitting 
16the petition and record of
proceedings to the State 
17Superintendent of Education shall give written notice
by 
18certified mail, return receipt requested to the regional board 
19of school
trustees and to the secretary of that board that the 
20petition has been
submitted to the State Superintendent of 
21Education for approval or denial, and
shall furnish a copy of 
22the notice so given to the State Superintendent of
Education. 
23The cost of assembling the record of proceedings for submission 
24to
the State Superintendent of Education shall be the 
25responsibility of the school
boards, registered voters or 
26committee of 10 that submits the petition and
record of 
 
 
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1proceedings to the State Superintendent of Education. When a

2petition is submitted to the State Superintendent of Education 
3in accordance
with the provisions of this paragraph:


4  (1) The regional board of school trustees loses all 
5 jurisdiction over
the petition and shall have no further 
6 authority to hear, approve, deny
or otherwise act with 
7 respect to the petition.


8  (2) All jurisdiction over the petition and the right 
9 and duty to hear,
approve, deny or otherwise act with 
10 respect to the petition is transferred
to and shall be 
11 assumed and exercised by the State Superintendent of 
12 Education.


13  (3) The State Superintendent of Education shall not be 
14 required to repeat
any proceedings that were conducted in 
15 accordance with the provisions of
this Section prior to the 
16 time jurisdiction over the petition is transferred
to him, 
17 but the State Superintendent of Education shall be required 
18 to give
and publish any notices and hold or complete any 
19 hearings that were
not given, held or completed by the 
20 regional board of school trustees or
its secretary as 
21 required by this Section prior to the time jurisdiction

22 over the petition is transferred to the State 
23 Superintendent of Education.


24  (4) If so directed by the State Superintendent of 
25 Education, the regional
superintendent of schools shall 
26 submit to the State Superintendent of
Education and to such 
 
 
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1 school boards as the State Superintendent of Education

2 shall prescribe accurate maps and a written report of the 
3 financial and
educational conditions of the districts 
4 affected and the probable effect of
the proposed boundary 
5 changes.


6  (5) The State Superintendent is authorized to conduct 
7 further
hearings, or appoint a hearing officer to conduct 
8 further hearings,
on the petition even though a hearing 
9 thereon was held as provided in this
Section prior to the 
10 time jurisdiction over the petition is transferred to
the 
11 State Superintendent of Education.


12  (6) The State Superintendent of Education or the 
13 hearing officer shall
hear evidence and approve or deny the 
14 petition and shall enter an order to that
effect and 
15 deliver and serve the same as required in other cases to be 
16 done by
the regional board of school trustees and the 
17 regional superintendent of
schools as an ex officio member 
18 of that board.

19 (m) Within 10 days after the conclusion of a joint hearing 
20required under
the provisions of Section 7-2, each regional 
21board of school trustees shall
meet together and render a 
22decision with regard to the joint hearing on the
petition. If 
23the regional boards of school trustees fail to enter a joint

24order either granting or denying the petition, the regional 
25superintendent
of schools for the educational service region in 
26which the joint hearing is
held shall enter an order denying 
 
 
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1the petition, and within 30 days after the
conclusion of the 
2joint hearing shall deliver a copy of the order denying the

3petition to the regional boards of school trustees of each 
4region affected,
to the committee of petitioners, if any, to 
5any person who has filed his
appearance in writing at the 
6hearing and to any attorney who appears for
any person at the 
7joint hearing. If the regional boards of school trustees
enter 
8a joint order either granting or denying the petition, the 
9regional
superintendent of schools for the educational service 
10region in which the
joint hearing is held shall, within 30 days 
11of the conclusion of the
hearing, deliver a copy of the joint 
12order to those same committees and
persons as are entitled to 
13receive copies of the regional superintendent's
order in cases 
14where the regional boards of school trustees have failed to

15enter a joint order.

16 (n) Within 10 days after service of a copy of the order 
17granting or
denying the petition, any person so served may 
18petition for a rehearing
and, upon sufficient cause being 
19shown, a rehearing may be granted. The
filing of a petition for 
20rehearing shall operate as a stay of enforcement
until the 
21regional board of school trustees, or regional boards of school

22trustees in cases of a joint hearing, or State Superintendent 
23of Education
in cases determined under subsection (l) of this 
24Section enter the final
order on such petition for rehearing.

25 (o) If a petition filed under subsection (a) of Section 7-1 
26or under
Section 7-2 is required under the provisions of 
 
 
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1subsection (b-5) of this
Section 7-6 to request submission of a 
2proposition at a regular scheduled
election for the purpose of 
3voting for or against the annexation of the
territory described 
4in the petition to the
school district proposing to annex that 
5territory, and if the petition is
granted or approved by the 
6regional board or regional boards of school trustees
or by the 
7State Superintendent of Education, the proposition shall be 
8placed on
the ballot at the next regular scheduled election.

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




10 (105 ILCS 5/7-14) (from Ch. 122, par. 7-14)


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

12 (a) Beginning on January 1, 2015, whenever the boundaries 
13of any school district are changed by the attachment or 
14detachment of territory, the territory that is detached shall 
15remain liable for its proportionate share of the bonded 
16indebtedness of the school district from which the territory is 
17detached. The annexing district shall not, except pursuant to 
18the approval of a resolution by the school board of the 
19annexing district prior to the effective date of the change of 
20boundaries, assume or be responsible for any of the bonded 
21indebtedness of the district from which the territory is 
22detached. If the annexing district does not assume the 
23detaching territory's proportionate share of the bonded 
24indebtedness of the district from which the territory is 
25detaching, a tax rate for that bonded indebtedness shall be 
 
 
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1determined in the manner provided in Section 19-7 of this Code, 
2and the county clerk or clerks shall annually extend taxes for 
3each bond outstanding on the effective date of the change of 
4boundaries against all of the taxable property situated within 
5the territory that is detached and within the detaching 
6district. After the effective date of the change of boundaries, 
7all of the property situated within the annexing school 
8district, including the detaching territory, shall be liable 
9for the bonded indebtedness of that district as it exists on 
10the effective date of the change of boundaries and any date 
11thereafter. Except as provided in subsection (b), whenever the 
12boundaries of any
school district are changed by the annexation 
13or detachment of territory, each
such district as it exists on 
14and after such action shall assume the bonded
indebtedness, as 
15well as financial obligations to the Capital Development Board

16pursuant to Section 35-15 (now repealed) of this
Code, of all 
17the territory included
therein after such change. The tax rate 
18for bonded indebtedness shall be
determined in the manner 
19provided in Section 19-7 of this Act, except the
County Clerk 
20shall annually extend taxes against all the taxable property

21situated in the county and contained in each such district as 
22it exists after
the action. Notwithstanding the provisions of 
23this subsection, if the
boundaries of a school district are 
24changed by annexation or detachment of
territory after June 30, 
251987, and prior to September 15, 1987, and if the
school 
26district to which territory is being annexed has no outstanding

 
 
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1bonded indebtedness on the date such annexation occurs, then 
2the annexing
school district shall not be liable for any bonded 
3indebtedness of the
district from which the territory is 
4detached, and the school district from
which the territory is 
5detached shall remain liable for all of its bonded

6indebtedness.

7 (b) Whenever a school district with bonded indebtedness has 
8become dissolved
under this Article and its territory annexed 
9to another district, the
annexing district or districts shall 
10not, except by action pursuant to
resolution of the school 
11board of the annexing district prior to the effective
date of 
12the annexation, assume the bonded indebtedness of the dissolved

13district; nor, except by action pursuant to resolution of the 
14school
board of the dissolving district, shall the territory of 
15the dissolved
district assume the bonded indebtedness of the 
16annexing district or districts.
If the annexing district or 
17districts do not assume the bonded indebtedness of
the 
18dissolved district, a tax rate for the bonded indebtedness 
19shall be
determined in the manner provided in Section 19-7, and 
20the county clerk or
clerks shall annually extend taxes for each 
21outstanding bond issue against
all the taxable property that 
22was situated within the boundaries of the
district as the 
23boundaries existed at the time of the issuance of each bond

24issue regardless of whether the property is still contained in 
25that same
district at the time of the extension of the taxes by 
26the county clerk
or clerks.

 
 
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1 (c) Notwithstanding the provisions of Section 19-18 of this 
2Code, upon resolution of the school board, the county clerk 
3must extend taxes to pay the principal of and interest on any 
4bonds issued exclusively to refund any bonded indebtedness of 
5the annexing school district against all of the taxable 
6property that was situated within the boundaries of the 
7annexing district as the boundaries existed at the time of the 
8issuance of the bonded indebtedness being refunded and not 
9against any of the taxable property in the dissolved school 
10district, provided that (i) the net interest rate on the 
11refunding bonds may not exceed the net interest rate on the 
12refunded bonds, (ii) the final maturity date of the refunding 
13bonds may not extend beyond the final maturity date of the 
14refunded bonds, and (iii) the tax levy to pay the refunding 
15bonds in any levy year may not exceed the tax levy that would 
16have been required to pay the refunded bonds for that levy 
17year. The provisions of this subsection (c) are applicable to 
18school districts that were dissolved and their territory 
19annexed to another school district pursuant to a referendum 
20held in April of 2003. The provisions of this subsection (c), 
21other than this sentence, are inoperative 2 years after the 
22effective date of this amendatory Act of the 95th General 
23Assembly. 
24(Source: P.A. 94-1105, eff. 6-1-07; 95-1025, eff. 1-6-09.)