Bill Text: IL HB0606 | 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 charter schools.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Passed) 2012-01-13 - Public Act . . . . . . . . . 97-0656 [HB0606 Detail]

Download: Illinois-2011-HB0606-Amended.html

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Rep. Frank J. Mautino

Filed: 10/25/2011

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AMENDMENT TO HOUSE BILL 606
AMENDMENT NO. ______. Amend House Bill 606 by replacing
everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing Section
7-11 as follows:
(105 ILCS 5/7-11) (from Ch. 122, par. 7-11)
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

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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
territory to a school district under the supervision of the
regional superintendent of another educational service region
and 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 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
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.
The regional board of school trustees shall give notice of
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
the disposition of the territory of such school district by

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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
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 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 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.
The decision of the regional board of school trustees in
such matter shall be issued within 10 days after the conclusion
of the hearing and deemed an "administrative decision" as

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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
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.
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
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

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school site to the City of Mount Morris, Illinois as authorized
by this Section, the regional board of school trustees or other
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.
(Source: P.A. 94-1019, eff. 7-10-06.)
Section 99. Effective date. This Act takes effect upon
becoming law.".