Bill Title: Amends the School Code. Provides that any school district with an enrollment of less than 750 students shall be dissolved and its territory annexed by the regional board of school trustees upon the filing of a petition. Provides that if, pursuant to petition, all of the territory of a district is to be annexed to another district, then the annexing district and the annexed district need not be contiguous if certain requirements are met and documented. Provides that 2 or more school districts not contiguous to each other, each of which has an enrollment in grades 9 through 12 of less than 600 students, may jointly operate one or more cooperative high schools if certain requirements are met and documented. Provides that (i) any 2 or more entire elementary districts that are not contiguous, (ii) any 2 or more entire high school districts that are not contiguous, or (iii) any 2 or more entire unit districts that are not contiguous may be organized into a combined school district if certain requirements are met and documented. Provides that if (1) a petition is filed for the reorganization of 2 or more school districts that requires a new school building to effectively educate students, (2) the change is granted and approved at an election, and (3) no appeal is taken, then, with the approval of the regional superintendent of schools, the change may become effective after one or more of the school districts have been awarded school construction grants; provides for the voiding of a petition. Makes other changes. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Passed) 2013-08-02 - Public Act . . . . . . . . . 98-0125
[HB2267 Detail]Download: Illinois-2013-HB2267-Chaptered.html
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| Public Act 098-0125
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| HB2267 Enrolled | LRB098 05992 NHT 38607 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Sections |
7-2a, 7-4, 10-22.22c, 11E-20, 11E-45, and 11E-70 as follows:
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(105 ILCS 5/7-2a) (from Ch. 122, par. 7-2a)
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Sec. 7-2a.
(a) Except as provided in subsection (b) of this
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Section, any petition for dissolution filed under this Article |
must
specify the school district or districts to which all of |
the territory
of the district proposed to be dissolved
will be |
annexed. Any petition for dissolution may be made by the board |
of
education of the district or a majority of the legal voters |
residing in
the district proposed to be dissolved. No petition |
from any other
district affected by the proposed dissolution |
shall be required.
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(b) Any school district with a population of less than |
5,000 residents or an enrollment of less than 750 students, as |
determined by the district's current fall housing report filed |
with the State Board of Education,
shall be dissolved and its |
territory annexed as provided in Section 7-11 by
the regional |
board of school trustees upon the filing with the regional
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board of school trustees of a petition adopted by resolution of |
the board of
education or a petition signed by a majority of |
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the registered voters of
the district seeking such dissolution. |
No petition shall be adopted or
signed under this subsection |
until the board of education or the
petitioners, as the case |
may be, shall have given at least 10 days' notice
to be |
published once in a newspaper having general circulation in the
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district and shall have conducted a public informational |
meeting to inform
the residents of the district of the proposed |
dissolution and to answer
questions concerning the proposed |
dissolution. The petition shall be filed with
and decided |
solely by the regional board of school trustees of the region
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in which the regional superintendent of schools has supervision |
of the
school district being dissolved. The regional board of |
school trustees
shall not act on a petition filed by a board of |
education if within 45 days
after giving notice of the hearing |
required under Section 7-11 a petition
in opposition to the |
petition of the board to dissolve, signed by a
majority of the |
registered voters of the district, is filed with the
regional |
board of school trustees. The regional board of school trustees
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shall have no authority to deny dissolution requested in a |
proper petition
for dissolution filed under this subsection |
(b), but shall exercise its
discretion in accordance with |
Section 7-11 on the issue of annexing the
territory of a |
district being dissolved, giving consideration to but not
being |
bound by the wishes expressed by the residents of
the various |
school districts that may be affected by such annexation.
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When dissolution and annexation become effective for |
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purposes of
administration and attendance as determined |
pursuant to Section 7-11,
the positions of teachers
in |
contractual continued service in the district being dissolved |
are
transferred to an
annexing district or to annexing |
districts pursuant to the provisions of
Section 24-12 relative |
to teachers having contractual continued service
status whose |
positions are transferred from one board to the control of a
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different board, and those said provisions of Section 24-12 |
shall apply to
said transferred teachers. In the event that the |
territory is added to 2
or more districts, the decision on |
which positions shall be transferred to
which annexing |
districts shall be made giving consideration to the
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proportionate percent of pupils transferred and the annexing |
districts'
staffing needs, and the transfer of specific |
individuals into such positions
shall be based upon the request |
of those teachers in order of seniority in
the dissolving |
district. The contractual continued service status of any
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teacher thereby transferred to an annexing district is not lost |
and the
different board is subject to this Act with respect to |
such transferred
teacher in the same manner as if such teacher |
was that district's employee
and had been its employee during |
the time such teacher was actually
employed by the board of the |
dissolving district from which the position
was transferred.
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(Source: P.A. 86-13; 87-1215.)
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(105 ILCS 5/7-4) (from Ch. 122, par. 7-4)
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Sec. 7-4. Requirements for granting petitions. No petition |
shall be
granted under Section Sections 7-1 or 7-2 of this Code |
Act:
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(a) If there will be any non-high school territory |
resulting from
the granting of the petition.
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(b) Unless after granting the petition any community unit |
district,
community consolidated district, elementary district |
or high school district
created shall have a population of at |
least
2,000 and an equalized assessed valuation of at least |
$6,000,000 based
upon the last value as equalized by the |
Department of Revenue
as of the date of filing of the petition.
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(c) Unless the territory within any district so created or |
any
district whose boundaries are affected by the granting of a |
petition
shall after the granting thereof be compact and |
contiguous, except as
provided in Section 7-6 of this Code or |
as otherwise provided in this subdivision (c) Act. The fact |
that a district is
divided by territory lying within the |
corporate limits of the city of
Chicago shall not render it |
non-compact or non-contiguous. If, pursuant to a petition filed |
under Section 7-1 or 7-2 of this Code, all of the territory of |
a district is to be annexed to another district, then the |
annexing district and the annexed district need not be |
contiguous if the following requirements are met and documented |
within 2 calendar years prior to the petition filing date:
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(1) the distance between each district administrative |
office is documented as no more than 30 miles; |
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(2) every district contiguous to the district wishing |
to be annexed determines that it is not interested in |
participating in a petition filed under Section 7-1 or 7-2 |
of this Code, through a vote of its school board, and |
documents that non-interest in a letter to the regional |
board of school trustees containing approved minutes that |
record the school board vote; and |
(3) documentation of meeting these requirements are |
presented as evidence at the hearing required under Section |
7-6 of this Code. |
(d) To create any school district with a population of less |
than
2,000 unless the State Board of Education and the regional
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superintendent of schools for the region in which the proposed |
district
will lie shall certify to the regional board or boards |
of school trustees
that the creation of such new district will |
not interfere with the
ultimate reorganization of the territory |
of such proposed district as a
part of a district having a |
population of 2,000 or more.
Notwithstanding any other |
provisions of this Article, the granting or
approval by a |
regional board or regional boards of school trustees or by the
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State Superintendent of Education of a petition that under |
subsection (b-5) of
Section 7-6 is required to 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 is subject to, and any change
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in school district boundaries pursuant to the granting of the |
petition shall
not be made except upon, approval of the |
proposition at the election in the
manner provided by Section |
7-7.7.
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(Source: P.A. 89-397, eff. 8-20-95; 90-459, eff. 8-17-97.)
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(105 ILCS 5/10-22.22c) (from Ch. 122, par. 10-22.22c)
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Sec. 10-22.22c.
(a) Subject to the following provisions of |
this
Section two or more contiguous school districts each of |
which
has an enrollment in grades 9 through 12 of less than 600 |
students may,
when in their judgment the interest of the |
districts and of the students
therein will be best served, |
jointly operate one or more cooperative high
schools. Such |
action shall be taken for a minimum period of 20 school years,
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and may be taken only with the approval of the voters of each |
district. A
district with 600 or more students enrolled in |
grades 9 through 12
may qualify for inclusion with one or more |
districts having less than 600
such students by receiving a |
size waiver from the State Board of Education
based on a |
finding that such inclusion would significantly increase the
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educational opportunities of the district's students, and by |
meeting the
other prerequisites of this Section. The board of |
each district contemplating
such joint operation shall, by |
proper resolution, cause the proposition to
enter into such |
joint operation to be submitted to the voters of the
district |
at a regularly scheduled election. Notice shall be published at
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least 10 days prior to the date of the election at least once |
in one or
more newspapers published in the district or, if no |
newspaper is published
in the district, in one or more |
newspapers with a general circulation
within the district. The |
notice shall be substantially in the following form:
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NOTICE OF REFERENDUM FOR SCHOOL DISTRICT
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NO. ....... AND SCHOOL DISTRICT NO. .......
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TO JOINTLY OPERATE (A) COOPERATIVE HIGH
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SCHOOL (SCHOOLS)
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Notice is hereby given that on (insert date), a referendum |
will be held in ....... County (Counties) for
the purpose of |
voting for or against the proposition for School District No.
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....... and School District No. ....... to jointly operate (a) |
cooperative high
school (schools).
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The polls will be open at ....... o'clock ... m., and close |
at
....... o'clock ... m., of the same day.
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A ........ B ........
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Dated (insert date).
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Regional Superintendent of Schools
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The proposition shall be in substantially the following |
form:
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-------------------------------------------------------------
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Shall the Board of Education of
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School District No. ...., ..... YES
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County (Counties), Illinois be
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authorized to enter with
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into an agreement with School ----------------------
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District No. ...., .... County
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(Counties), Illinois to jointly
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operate (a) cooperative high NO
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school (schools)?
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-------------------------------------------------------------
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If the majority of those voting on the proposition in each |
district vote
in favor of the proposition, the school boards of |
the participating
districts may, if they agree on terms, |
execute a contract for such joint
operation subject to the |
following provisions of this Section.
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(b) The agreement for joint operation of any such |
cooperative high school shall include, but not be limited to, |
provisions for administration, staff, programs,
financing,
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facilities, and
transportation. Such agreements
may
be |
modified, extended, or terminated by approval of each of the |
participating
districts,
provided that a district may withdraw |
from the agreement during its initial
20-year term only if the |
district is reorganizing with one or more districts
under other |
provisions of this Code. Even if 2 or more of the participating
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district boards approve an
extension of the agreement, any |
other participating district shall, upon
failure of its board |
to approve such extension, disengage from such
participation at |
the end of the then current agreement term.
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(c) A governing board, which shall govern the operation
of |
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any such
cooperative high school, shall be composed of an equal
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number of board members from each of the participating |
districts,
except that where all participating district boards |
concur, membership
on the governing board may be apportioned to |
reflect the
number of students
in each respective district who |
attend the cooperative high school. The
membership of the |
governing board shall be not
less than 6 nor more than 10 and |
shall be set by the agreement entered into
by
the participating |
districts.
The school board of each participating district
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shall select, from its membership, its representatives on the |
governing board.
The governing board shall prepare
and adopt a |
budget for the cooperative high school. The
governing board
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shall
administer the cooperative high school in
accordance with |
the agreement of the districts and shall have the power to
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hire, supervise, and terminate staff; to enter into contracts; |
to adopt
policies for the school; and to take all other actions |
necessary and proper
for the operation of the school. However, |
the governing board may not levy
taxes or incur any |
indebtedness except within the annual budget approved by the
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participating districts.
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(d) (Blank).
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(e) Each participating district shall pay its per capita |
cost of
educating the students residing in its district and |
attending any such
cooperative high school into the budget for |
the
maintenance
and operation of the cooperative high school.
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The manner of determining per capita cost shall be
set |
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forth in the agreement. Each district shall pay the amount owed |
the
governing board under the terms of the agreement from the |
fund that the
district would have used if the district had |
incurred the costs directly and
may levy taxes and issue bonds |
as otherwise authorized for these purposes in
order to make |
payments to the governing board.
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(f) Additional school districts having an enrollment in |
grades 9 through
12 of less than 600 students
may be added to |
the agreement in accordance with the process described
in |
subsection (a) of this Section. In the event additional |
districts are
added, a new contract shall be executed in |
accordance with the provisions
of this Section.
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(g) Upon formation of the cooperative high school, the |
school board of
each
participating district shall:
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(1) confer and coordinate with each other and the
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governing board, if the governing board is then in |
existence, as to staffing
needs for the cooperative high |
school;
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(2) in consultation with any exclusive employee
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representatives and the governing board, if the governing |
board is then in
existence, establish a combined list of |
teachers in all
participating districts, categorized by |
positions, showing
the length of service and the |
contractual continued service
status, if any, of each |
teacher in each participating
district who is qualified to |
hold any such positions at the cooperative high
school,
and |
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then distribute this list to the exclusive employee |
representatives on or
before
February
1 of the school year |
prior to the commencement of the operation
of the |
cooperative high school or within 30 days after the
date of |
the referendum election if the proposition receives a |
majority of those
voting in each district, whichever occurs |
first. This list is in addition to
and not
a substitute for |
the list mandated by Section 24-12 of this Code; and
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(3) transfer to the governing board of the
cooperative |
high school the employment and the position of
so many of |
the full-time or part-time
high school teachers employed by |
a participating district
as are
jointly determined by the |
school boards of the participating
districts and the |
governing board, if the governing board is then in
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existence, to be needed
at the cooperative high school, |
provided that these teacher transfers
shall be done:
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(A) by categories listed on the seniority list |
mentioned in subdivision
(2) of this subsection (g);
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(B) in each category, by having teachers in |
contractual
continued service being transferred before |
any teachers who are not in
contractual continued |
service; and
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(C) in order from greatest seniority first
through |
lesser amounts of seniority.
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A teacher who is not in contractual
continued service shall |
not be transferred if there is a teacher in contractual
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continued service in the same category who is qualified to hold |
the
position
that is to be filled.
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If there are more teachers who have
entered upon |
contractual continued service
than there are available |
positions at the
cooperative high school or within other |
assignments in the
district, a school board shall first remove |
or dismiss all teachers who
have not entered upon contractual |
continued service before
removing or dismissing any teacher who |
has entered upon
contractual continued service and who is |
legally qualified (i) to
hold a position at the cooperative |
high school planned to be
held by a teacher who has not entered |
upon contractual continued
service or (ii) to hold another |
position in the participating
district. As between teachers who |
have entered upon contractual
continued service, the teacher or |
teachers with the shorter
length of continuing service in any |
of the participating
districts shall be dismissed first. Any |
teacher
dismissed as a result of such a decrease shall be paid |
all
earned compensation on or before the third business day
|
following the last day of pupil attendance in the regular |
school
term. If the school board that has dismissed a teacher |
or the
governing board has any vacancies for the following |
school term
or within one calendar year from the beginning of |
the following
school term, the positions thereby becoming |
available shall be
tendered to the teachers so removed or |
dismissed so far as they
are legally qualified to hold such |
positions. However,
if the number of honorable dismissal |
|
notices in all
participating districts exceeds 15% of full-time |
equivalent
positions filled by certified employees (excluding |
principals
and administrative personnel) during the preceding |
school year
in all participating districts and if the school |
board that has
dismissed a teacher or the governing board has |
any vacancies for
the following school term or within 2 |
calendar years from the
beginning of the following school term, |
the positions so
becoming available shall be tendered to the |
teachers who were so notified,
removed,
or dismissed whenever |
these teachers are legally qualified to hold such
positions.
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The provisions of Section 24-12 of this Code concerning |
teachers
whose positions are transferred from one board to
the |
control of a different board shall apply to the teachers who |
are
transferred. The contractual continued service of any |
transferred teacher is
not lost and the governing board is |
subject to this Code with respect to the
teacher in the same |
manner as if the teacher had been the governing board's
|
employee during the time the teacher was actually employed by |
the board of the
district from which the position and the |
teacher's employment were transferred.
The time spent in
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employment
with a participating district by any teacher who has |
not yet entered upon
contractual
continued service and who is |
transferred to the governing board is not lost
when
computing |
the time necessary
for the teacher to enter upon contractual |
continued service, and the
governing board is
subject to this |
Code with respect to the teacher in the same manner as if
the |
|
teacher
had been the governing board's employee during the time |
the teacher was
actually employed
by the school board from |
which the position and the teacher's employment were
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transferred.
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If the cooperative high school is dissolved, any teacher |
who was transferred
from a participating district shall be |
transferred back to the district and
Section 24-12 of this Code |
shall apply. In that
case, a district is subject to this Code |
in the same manner as if the teacher
transferred
back had been |
continuously in the service of the receiving district.
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(h) Upon formation of the cooperative high school, the |
school board of
each
participating
district shall:
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(1) confer and coordinate with each other and the |
governing board, if
the governing board is
then in |
existence, as to needs for educational support personnel |
for the
cooperative
high school;
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(2) in consultation with any exclusive employee |
representative or
bargaining
agent and the governing |
board, if the governing board is then in existence,
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establish a combined
list
of educational support personnel |
in participating districts, categorized by
positions, |
showing the length of continuing service of each full-time
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educational
support personnel employee who is qualified to |
hold any such position at the
cooperative high school, and |
then distribute this list to the exclusive
employee
|
representative or bargaining agent on or before February 1 |
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of the school year
prior
to the commencement of the |
operation of the cooperative high school or within
30
days |
after the date of the referendum election if the |
proposition receives a
majority of those voting in each |
district, whichever occurs first; and
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(3) transfer to the governing board of the cooperative |
high school
the employment and the positions of so many of |
the full-time educational
support
personnel employees |
employed by a participating district as are jointly
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determined
by the school boards of the participating
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districts and the governing board, if the governing board |
is then in existence,
to be
needed at
the
cooperative high |
school, provided that the full-time educational personnel
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employee
transfers shall be done by categories on the |
seniority list mentioned in
subdivision (2) of this |
subsection (h) and done in order from greatest
seniority
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first
through lesser amounts of seniority.
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If there are more full-time
educational support personnel |
employees than there are available
positions at the cooperative |
high school or
in the participating district, a school board |
shall first
remove or dismiss those educational support |
personnel employees
with the shorter length of continuing |
service in any of the
participating districts, within the |
respective category of
position. The governing board is subject |
to this Code with respect to the
educational support personnel |
employee as if the educational support personnel
employee had |
|
been the governing board's employee during the time the
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educational support personnel employee was actually employed |
by the school
board of the district from which the employment |
and position were transferred.
Any educational support |
personnel employee dismissed as a result of such a
decrease |
shall be paid all earned compensation on or before the third |
business
day following his or her last day of employment. If |
the school board that has
dismissed the educational support |
personnel employee or the governing board has
any vacancies for |
the following school term or within one calendar year from
the |
beginning of the following school term, the positions thereby |
becoming
available within a specific category of position shall |
be tendered to the
employees so removed or dismissed from that |
category of position so far as they
are legally qualified to |
hold such positions. If the cooperative high school is
|
dissolved, any educational support personnel employee who was |
transferred from
a participating district shall be transferred |
back to the district and Section
10-23.5 of this Code shall |
apply. In that case, a district is subject to this
Code in the |
same manner as if the educational support personnel employee
|
transferred back had been continuously in the service of the |
receiving
district.
|
(i) Two or more school districts not contiguous to each |
other, each of which has an enrollment in grades 9 through 12 |
of less than 600 students, may jointly operate one or more |
cooperative high schools if the following requirements are met |
|
and documented within 2 calendar years prior to the proposition |
filing date, pursuant to subsection (a) of this Section: |
(1) the distance between each district administrative |
office is documented as no more than 30 miles; |
(2) every district contiguous to the district wishing |
to operate one or more cooperative high schools under the |
provisions of this Section determines that it is not |
interested in participating in such joint operation, |
through a vote of its school board, and documents that |
non-interest in a letter to the districts wishing to form |
the cooperative high school containing approved minutes |
that record the school board vote; |
(3) documentation of meeting these requirements is |
attached to the board resolution required under subsection |
(a) of this Section; and |
(4) all other provisions of this Section are followed. |
(Source: P.A. 91-63, eff. 1-1-00; 91-357, eff. 7-29-99.)
|
(105 ILCS 5/11E-20) |
Sec. 11E-20. Combined school district formation. |
(a)(1) The territory of 2 or more entire contiguous |
elementary districts may be organized into a combined |
elementary district under the provisions of this Article. |
(2) Any 2 or more entire elementary districts that |
collectively are within or substantially coterminous with |
the boundaries of a high school district, regardless of |
|
whether the districts are compact and contiguous with each |
other, may be organized into a combined school district in |
accordance with this Article. |
(3) Any 2 or more entire elementary districts that are |
not contiguous may be organized into a combined school |
district in accordance with this Article if the following |
requirements are met and documented within 2 calendar years |
prior to the petition filing date: |
(A) the distance between each district |
administrative office is documented as no more than 30 |
miles; and |
(B) every district contiguous to a district |
wishing to organize into a combined school district |
under the provisions of this paragraph (3) determines |
that it is not interested in participating in a |
petition for a combined school district filed in |
accordance with this Article, through a vote of its |
school board, and documents that non-interest in a |
letter to the regional superintendent of schools |
containing approved minutes that record the school |
board vote. |
(b)(1) The territory of Any 2 or more entire contiguous |
high school districts may be organized into a combined high |
school district under the provisions of this Article. |
(2) Any 2 or more entire high school districts that are |
not contiguous may be organized into a combined school |
|
district in accordance with this Article if the following |
requirements are met and documented within 2 calendar years |
prior to the petition filing date: |
(A) the distance between each district |
administrative office is documented as no more than 30 |
miles; and |
(B) every district contiguous to a district |
wishing to organize into a combined school district |
under the provisions of this paragraph (2) determines |
that it is not interested in participating in a |
petition for a combined school district filed in |
accordance with this Article, through a vote of its |
school board, and documents that non-interest in a |
letter to the regional superintendent of schools |
containing approved minutes that record the school |
board vote. |
(c)(1) The territory of Any 2 or more entire contiguous |
unit districts may be organized into a combined unit district |
under the provisions of this Article.
|
(2) Any 2 or more entire unit districts that are not |
contiguous may be organized into a combined school district |
in accordance with this Article if the following |
requirements are met and documented within 2 calendar years |
prior to the petition filing date: |
(A) the distance between each district |
administrative office is documented as no more than 30 |
|
miles; and |
(B) every district contiguous to the district |
wishing to organize into a combined school district |
under the provisions of this paragraph (2) determines |
that it is not interested in participating in a |
petition for a combined school district filed in |
accordance with this Article, through a vote of its |
school board, and documents that non-interest in a |
letter to the regional superintendent of schools |
containing approved minutes that record the school |
board vote. |
(Source: P.A. 94-1019, eff. 7-10-06.)
|
(105 ILCS 5/11E-45) |
Sec. 11E-45. Hearing. |
(a) No more than 15 days after the last date on which the |
required notice under Section 11E-40 of this Code is published, |
the regional superintendent of schools with whom the petition |
is required to be filed shall hold a hearing on the petition. |
Prior to the hearing, the Committee of Ten shall submit to the |
regional superintendent maps showing the districts involved |
and any other information deemed pertinent by the Committee of |
Ten to the proposed action. The regional superintendent of |
schools may adjourn the hearing from time to time or may |
continue the matter for want of sufficient notice or other good |
cause. |
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(b) At the hearing, the regional superintendent of schools |
shall allow public testimony on the action proposed in the |
petition. The Committee of Ten shall present, or arrange for |
the presentation of all of the following: |
(1) Evidence as to the school needs and conditions in |
the territory described in the petition and the area |
adjacent thereto. |
(2) Evidence with respect to the ability of the |
proposed district or districts to meet standards of |
recognition as prescribed by the State Board of Education. |
(3) A consideration of the division of funds and assets |
that will occur if the petition is approved. |
(4) A description of the maximum tax rates the proposed |
district or districts is authorized to levy for various |
purposes and, if applicable, the specifications related to |
the Property Tax Extension Limitation Law, in accordance |
with Section 11E-80 of this Code. |
(5) For a non-contiguous combined school district, as |
specified in paragraph (3) of subsection (a), paragraph (2) |
of subsection (b), or paragraph (2) of subsection (c) of |
Section 11E-20 of this Code, evidence that the action |
proposed in the petition meets the requirements of the |
respective paragraph. |
(c) Any regional superintendent of schools entitled under |
the provisions of this Article to be given a copy of the |
petition and any resident or representative of a school |
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district in which
any territory described in the petition is |
situated may appear in person or by an attorney at law to |
provide oral or written testimony or both in relation to the |
action proposed in the petition. |
(d) The regional superintendent of schools shall arrange |
for a written transcript of the hearing. The expense of the |
written transcript shall be borne by the petitioners and paid |
on behalf of the petitioners by the Committee of Ten.
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(Source: P.A. 94-1019, eff. 7-10-06; 95-903, eff. 8-25-08.)
|
(105 ILCS 5/11E-70) |
Sec. 11E-70. Effective date of change. |
(a) Except as provided in subsections subsection (a-5) and |
(a-10) of this Section, if a petition is filed under the |
authority of this Article, the change is granted and approved |
at election, and no appeal is taken, then the change shall |
become effective after the time for appeal has run for the |
purpose of all elections; however, the change shall not affect |
the administration of the schools until July 1 following the |
date that the school board election is held for the new |
district or districts and the school boards of the districts as |
they existed prior to the change shall exercise the same power |
and authority over the territory until that date. |
(a-5) If a petition is filed under the authority of this |
Article for the consolidation of Christopher Unit School |
District 99 and Zeigler-Royalton Community Unit School |
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District 188, the change is granted and approved at election, |
and no appeal is taken, then the change shall become effective |
after one or both of the school districts have been awarded |
school construction grants under the School Construction Law. |
(a-10) If (i) a petition is filed under the authority of |
this Article for the reorganization of 2 or more school |
districts that requires a new school building to effectively |
educate students, (ii) the change is granted and approved at an |
election, and (iii) no appeal is taken, then, with the approval |
of the regional superintendent of schools, the change may |
become effective after one or more of the school districts have |
been awarded school construction grants, in accordance with the |
School Construction Law. The intent to postpone the |
reorganization's effective date must be documented in the |
petition, and the petition is void if it does not take effect |
within 5 years after being filed. After the referendum approval |
and before the effective date of the reorganization, the |
petition becomes void if the following requirements are met: |
(1) the board of each affected district, by proper |
resolution, causes the proposition to void the petition to |
be submitted to the voters of each affected district at a |
regularly scheduled election; and |
(2) a majority of the electors voting at the election |
in each affected district votes in favor of voiding the |
petition. |
(b) If any school district is dissolved in accordance with |
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this Article, upon the close of the then current school year, |
the terms of office of the school board of the dissolved |
district shall terminate. |
(c) New districts shall be permitted to organize and elect |
officers within the time prescribed by the general election |
law. Additionally, between the date of the organization and the |
election of officers and the date on which the new district |
takes effect for all purposes, the new district shall also be |
permitted, with the stipulation of the districts from which the |
new district is formed and the approval of the regional |
superintendent of schools, to take all action necessary or |
appropriate to do the following: |
(1) Establish the tax levy for the new district, in |
lieu of the levies by the districts from which the new |
district is formed, within the time generally provided by |
law and in accordance with this Article. The funds produced |
by the levy shall be transferred to the new district as |
generally provided by law at such time as they are received |
by the county collector. |
(2) Enter into agreements with depositories and direct |
the deposit and investment of any funds received from the |
county collector or any other source, all as generally |
provided by law. |
(3) Conduct a search for the superintendent of the new |
district and enter into a contract with the person selected |
to serve as the superintendent of the new district in |
|
accordance with the provisions of this Code generally |
applicable to the employment of a superintendent. |
(4) Conduct a search for other administrators and staff |
of the new district and enter into a contract with these |
persons in accordance with the provisions of this Code |
generally applicable to the employment of administrators |
and other staff.
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(5) Engage the services of accountants, architects, |
attorneys, and other consultants, including but not |
limited to consultants to assist in the search for the |
superintendent. |
(6) Plan for the transition from the administration of |
the schools by the districts from which the new district is |
formed. |
(7) Bargain collectively, pursuant to the Illinois |
Educational Labor Relations Act, with the certified |
exclusive bargaining representative or certified exclusive |
bargaining representatives of the new district's |
employees. |
(8) Expend the funds received from the levy and any |
funds received from the districts from which the new |
district is formed to meet payroll and other essential |
operating expenses or otherwise in the exercise of the |
foregoing powers
until the new district takes effect for |
all purposes. |
(9) Issue bonds authorized in the proposition to form |
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the new district or bonds pursuant to and in accordance |
with all of the requirements of Section 17-2.11 of this |
Code, levy taxes upon all of the taxable property within |
the new district to pay the principal of and interest on |
those bonds as provided by statute, expend the proceeds of |
the bonds and enter into any necessary contracts for the |
work financed therewith as authorized by statute, and avail |
itself of the provisions of other applicable law, including |
the Omnibus Bond Acts, in connection with the issuance of |
those bonds. |
(d) After the granting of a petition has become final and |
approved at election, the date when the change becomes |
effective for purposes of administration and attendance may be |
accelerated or postponed by stipulation of the school board of |
each district affected and approval by the regional |
superintendent of schools with which the original petition is |
required to be filed.
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(Source: P.A. 97-925, eff. 8-10-12.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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