Bill Text: IL HB0595 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the School Code. Makes a technical change in a Section concerning county board duties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB0595 Detail]

Download: Illinois-2011-HB0595-Amended.html

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Rep. Linda Chapa LaVia

Filed: 4/4/2011

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AMENDMENT TO HOUSE BILL 595
AMENDMENT NO. ______. Amend House Bill 595 by replacing
everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing Section
7-04 and by adding Section 7-2d as follows:
(105 ILCS 5/7-04) (from Ch. 122, par. 7-04)
Sec. 7-04. Districts in educational service regions of
2,000,000 or more inhabitants.
(a) In all proceedings under this Article to change by
detachment, annexation, division, dissolution, or any
combination of those methods the boundaries of any school
district (other than a school district organized under Article
34) located in an educational service region of 2,000,000 or
more inhabitants in which the regional board of school trustees
is abolished as provided in subsection (a) of Section 6-2, the
trustees of schools of the township in which that school

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district is located, as the successor under subsection (b) of
Section 6-2 to the former regional board of school trustees
with respect to all territory located in that school township,
shall have, exercise, and perform all powers, duties, and
responsibilities required under this Article to be exercised
and performed in those proceedings by a regional board of
school trustees; provided that if any school district affected
by those proceedings is located in a school township referred
to in subsection (b) of Section 5-1 and there are no trustees
of schools acting in that township, then the governing board of
the educational service center established pursuant to Section
2-3.62 of this Code where the detaching territory is located
school board of any such district, as the successor under
subsection (b) of Section 6-2 to the former regional board of
school trustees with respect to the territory comprising that
school district, shall have, exercise, and perform all powers,
duties, and responsibilities required under this Article to be
exercised and performed in those proceedings with respect to
the territory of that school district by a regional board of
school trustees; and provided further that: (i) when any school
district affected by those proceedings is located not only in
an educational service region of 2,000,000 or more inhabitants
but also in 2 or more school townships in that region that each
have trustees of schools of the township, then the boundaries
of that school district may be changed under this Article by
detachment, annexation, division, dissolution, or any

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combination of those methods only by the concurrent action of,
taken following a joint hearing before the trustees of schools
of those townships (in that educational service region) in
which that school district is located; and (ii) if any part of
the school district referred to in item (i) of this subsection
also lies within an educational service region that has a
regional board of school trustees, the boundaries of that
district may be changed under this Article only by the
concurrent action of, taken following a joint hearing before
the trustees of schools of the townships referred to in item
(i) of this subsection and the regional board of school
trustees of the educational service region referred to in this
item (ii) of this subsection. Whenever concurrent action and
joint hearings are required under this subsection, the original
petition shall be filed with the trustees of schools of the
township in which the territory or greatest portion of the
territory being detached is located, or if the territory is
being detached from more than one educational service region
then with the regional board of school trustees of the region
or the trustees of schools of the township in which the
territory or greatest portion of the territory being detached
is located.
(b) Except as otherwise provided in this Section, all other
provisions of this Article shall apply to any proceedings under
this Article to change the boundaries of any school district
located in an educational service region having 2,000,000 or

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more inhabitants in the same manner that those provisions apply
to any proceedings to change the boundaries of any school
district located in any other educational service region;
provided, that any reference in those other provisions to the
regional board of school trustees shall mean, with respect to
all territory within an educational service region containing
2,000,000 or more inhabitants that formerly was served by a
regional board of school trustees abolished under subsection
(a) of Section 6-2, the trustees of schools of the township or
the school board of the school district that is the successor
under subsection (b) of Section 6-2 to the former regional
board of school trustees with respect to the territory included
within that school township or school district or the governing
board of the educational service center established pursuant to
Section 2-3.62 of this Code where the detaching territory is
located when any school district affected by those proceedings
is located in a school township referred to in subsection (b)
of Section 5-1 of this Code and there are no trustees of
schools acting in that township.
(Source: P.A. 87-969.)
(105 ILCS 5/7-2d new)
Sec. 7-2d. Elementary school district detachment and
annexation.
(a) Notwithstanding any other provision of this Code, any
contiguous portion of an elementary school district may be

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detached from that district and annexed to an adjoining
elementary school district, upon a petition or petitions filed
under this Section, if the portion of the district to be so
detached and annexed to an adjoining elementary school district
consists of not more than 100 acres of land in an incorporated
area of a municipality in a county of 2,000,000 or more
inhabitants where the adjoining elementary school district to
which it is seeking to be attached is located.
(b) A petition filed under this Section must be filed with
the executive director of the educational service center where
the portion of the school district to be so detached and
annexed is located and must be signed by all of the owners of
record of the land that comprises the portion of the school
district that is to be detached and annexed to the adjoining
elementary school district under the provisions of this
Section.
(c) The governing board of the educational service center
shall (i) hold a hearing on the petition within 90 days after
the date of filing, (ii) render a decision granting or denying
the petition within 30 days after the hearing, and (iii)
promptly serve a copy of the decision by certified mail, return
receipt requested, upon the petitioners and upon the school
boards of the school districts from which the territory
described in the petition is sought to be detached and to which
that territory is sought to be annexed.
The governing board of the educational service center has

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no authority or discretion to hear any evidence or consider any
issues at the hearing except those that may be necessary to
determine whether the limitations and conditions of this
Section have been met.
(d) The executive director of the educational service
center (i) shall give written notice of the time and place of
the hearing, not less than 30 days prior to the date of the
hearing, to the school board of the school district from which
the territory described in the petition is to be detached and
to the school board of the school district to which that
territory is to be annexed and (ii) shall publish notice of the
hearing, not less than 15 days prior to the date of the
hearing, in a newspaper that is published in the county where
the territory described in the petition is located and that has
circulation within the school districts whose school boards are
entitled to written notice of the hearing.
(e) In the event that the granting of a petition filed
under this Section has become final, either through failure to
seek administrative review or by the final decision of a court
on review, the change in boundaries shall become effective
forthwith and for all purposes, except that if the granting of
the petition becomes final at any time from September 1 through
June 30 of any year, the administration of and attendance at
the schools shall not be affected until the following July 1,
when the change in boundaries shall become effective for all
purposes. After the granting of a petition has become final,

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the date when the change shall become effective for purposes of
administration and attendance may be accelerated or postponed
by stipulation of the school boards of the school districts
from which the territory described in the petition is detached
and to which that territory is annexed.
(f) The decision of the governing board of the educational
service center shall be deemed an "administrative decision", as
defined in Section 3-101 of the Code of Civil Procedure, and
any petitioner or the school board of a school district
affected by the detachment and annexation of the territory
described in the petition may, within 35 days after a copy of
the decision sought to be reviewed was served by certified mail
upon the party affected thereby or upon the attorney of record
for that party, apply for a review of the decision in
accordance with the Administrative Review Law and the rules
adopted pursuant to the Administrative Review Law.
The commencement of any action for review shall operate as
a supersedeas, and no further proceedings shall be had until
final disposition of the review. The circuit court of the
county where the petition is filed with the educational service
center shall have sole jurisdiction to entertain a complaint
for such review.
(g) This Section (i) is not limited by and operates
independently of all other provisions of this Article and (ii)
constitutes complete authority for the granting or denial by
the educational service center of a petition filed under this

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Section if the conditions prescribed by this Section for the
filing of that petition are met.
Section 99. Effective date. This Act takes effect upon
becoming law.".