Bill Text: IL HB0606 | 2011-2012 | 97th General Assembly | Chaptered
Bill Title: Amends the School Code. Makes a technical change in a Section concerning charter schools.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2012-01-13 - Public Act . . . . . . . . . 97-0656 [HB0606 Detail]
Download: Illinois-2011-HB0606-Chaptered.html
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Public Act 097-0656 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The School Code is amended by changing Section | ||||
7-11 as follows:
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(105 ILCS 5/7-11) (from Ch. 122, par. 7-11)
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Sec. 7-11. Annexation of dissolved non-operating | ||||
districts. If any school district has become dissolved as | ||||
provided in Section 5-32,
or if a petition for dissolution is | ||||
filed under subsection (b) of
Section 7-2a, the regional board | ||||
of school trustees shall attach the
territory of such
dissolved | ||||
district to one or more districts and, if the territory is | ||||
added
to 2 or more districts, shall divide the property of the | ||||
dissolved
district among the districts to which its territory | ||||
is added, in the manner
provided for the division of property | ||||
in case of the organization of a new
district from a part of | ||||
another district.
The regional board of school trustees of the | ||||
region in which the regional
superintendent has supervision | ||||
over the school district that is dissolved
shall have all power | ||||
necessary to annex the territory of the dissolved
district as | ||||
provided in this Section, including the power to attach the
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territory to a school district under the supervision of the | ||||
regional
superintendent of another educational service region |
and, in the case of Leepertown CCSD 175, the power to attach | ||
the territory to a non-contiguous school district if deemed in | ||
the best interests of the schools of the area and the | ||
educational welfare of the pupils involved . The annexation of
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the territory of a dissolved school district under this Section | ||
shall
entitle the school districts involved in the annexation | ||
to payments from
the State Board of Education in the same | ||
manner and to the same extent
authorized in the case of other | ||
annexations under this Article. Other
provisions of this | ||
Article 7 of The School Code shall apply to and govern
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dissolutions and annexations under this Section and Section | ||
7-2a, except
that it is the intent of the General Assembly that | ||
in the case of conflict the
provisions of this Section and | ||
Section 7-2a shall control over the other
provisions of this | ||
Article.
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The regional board of school trustees shall give notice of
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a hearing, to be held not less than 50 days nor more than 70 | ||
days after a
school district is dissolved under Section 5-32 or | ||
a petition is filed
under subsection (b) of Section 7-2a, on
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the disposition of the territory of such school district by | ||
publishing a
notice thereof at least once each week for 2 | ||
successive weeks in at least
one newspaper having a general | ||
circulation within the area of the territory
involved. At such | ||
hearing, the regional board of school trustees shall hear
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evidence as to the school needs and conditions of the territory | ||
and of the
area within and adjacent thereto, and shall take |
into consideration the
educational welfare of the pupils of the | ||
territory and the normal high
school attendance pattern of the | ||
children. In the case of an elementary
school district , except | ||
for Leepertown CCSD 175, if all the eighth grade graduates of | ||
such district
customarily attend high school in the same high | ||
school district, the
regional board of school trustees shall, | ||
unless it be
impossible because of the
restrictions of a | ||
special charter district, annex the territory of the
district | ||
to a contiguous elementary school district whose eighth grade
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graduates customarily attend that high school, and that has an | ||
elementary
school building nearest to the center of the | ||
territory to be annexed, but
if such eighth grade graduates | ||
customarily attend more than one high school
the regional board | ||
of school trustees shall determine the
attendance pattern
of | ||
such graduates and divide the territory of the district among | ||
the
contiguous elementary districts whose graduates attend the | ||
same respective
high schools.
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The decision of the regional board of school trustees in
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such matter shall be issued within 10 days after the conclusion | ||
of the
hearing and deemed an "administrative decision" as | ||
defined in
Section 3-101 of the
Code of Civil Procedure and any | ||
resident who appears at the hearing
or any petitioner may | ||
within 10 days after a copy of the decision sought
to be | ||
reviewed was served by registered mail upon the party affected
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thereby file a complaint for the judicial review of
such | ||
decision in accordance with the "Administrative Review Law", |
and all
amendments and modifications thereof and the rules | ||
adopted pursuant
thereto. The commencement of any action for | ||
review shall operate as a stay
of enforcement, and no further | ||
proceedings shall be had until final
disposition of such | ||
review.
The final decision of the regional board of school | ||
trustees or of any
court upon judicial review shall become | ||
effective under Section 7-9 in the
case of a petition for | ||
dissolution filed under subsection (b) of Section
7-2a, and a | ||
final decision shall become effective immediately following | ||
the
date no further appeal is allowable in the case of a | ||
district dissolved
under Section 5-32.
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Notwithstanding the foregoing provisions of this Section | ||
or any other
provision of law to the contrary, the school board | ||
of the Mt. Morris School
District is authorized to donate to | ||
the City of Mount Morris, Illinois the
school building and | ||
other real property used as a school site by the Mt. Morris
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School District at the time of its dissolution, by appropriate | ||
resolution
adopted by the school board of the district prior to | ||
the dissolution of the
district; and upon the adoption of a | ||
resolution by the school board donating
the school building and | ||
school site to the City of Mount Morris, Illinois as
authorized | ||
by this Section, the regional board of school trustees or other
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school officials holding legal title to the school building and | ||
school site so
donated shall immediately convey the same to the | ||
City of Mt. Morris,
Illinois.
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(Source: P.A. 94-1019, eff. 7-10-06.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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