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1		AN ACT concerning education.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The School Code is amended by changing Sections
5		7-6 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
9		regional board of school trustees under the provisions of
10		Section 7-1 or 7-2 of this Act the secretary shall cause a copy
11		of such petition to be given to each board of any district
12		involved in the proposed boundary change and shall cause a
13		notice thereof to be published once in a newspaper having
14		general circulation within the area of the territory described
15		in the petition for the proposed change of boundaries.
16		(b) When a joint hearing is required under the provisions
17		of Section 7-2, the secretary also shall cause a copy of the
18		notice to be sent to the regional board of school trustees of
19		each region affected. Notwithstanding the foregoing provisions
20		of this Section, if the secretary of the regional board of
21		school trustees with whom a petition is filed under Section 7-2
22		fails, within 30 days after the filing of such petition, to
23		cause notice thereof to be published and sent as required by

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1		this Section, then the secretary of the regional board of
2		school trustees of any other region affected may cause the
3		required notice to be published and sent, and the joint hearing
4		may be held in any region affected as provided in the notice so
5		published.
6		(b-5) If a petition filed under subsection (a) of Section
7		7-1 or under Section 7-2 proposes to annex all the territory of
8		a school district to another school district, the petition
9		shall request the submission of a proposition at a regular
10		scheduled election for the purpose of voting for or against the
11		annexation of the territory described in the petition to the
12		school district proposing to annex that territory. No petition
13		filed or election held under this Article shall be null and
14		void, invalidated, or deemed in noncompliance with the Election
15		Code because of a failure to publish a notice with respect to
16		the petition or referendum as required under subsection (g) of
17		Section 28-2 of that Code for petitions that are not filed
18		under this Article or Article 11E of this Code.
19		(c) When a petition contains more than 10 signatures the
20		petition shall designate a committee of 10 of the petitioners
21		as attorney in fact for all petitioners, any 7 of whom may make
22		binding stipulations on behalf of all petitioners as to any
23		question with respect to the petition or hearing or joint
24		hearing, and the regional board of school trustees, or regional
25		boards of school trustees in cases of a joint hearing may
26		accept such stipulation in lieu of evidence or proof of the

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1		matter stipulated. The committee of petitioners shall have the
2		same power to stipulate to accountings or waiver thereof
3		between school districts; however, the regional board of school
4		trustees, or regional boards of school trustees in cases of a
5		joint hearing may refuse to accept such stipulation. Those
6		designated as the committee of 10 shall serve in that capacity
7		until such time as the regional superintendent of schools or
8		the committee of 10 determines that, because of death,
9		resignation, transfer of residency from the territory, or
10		failure to qualify, the office of a particular member of the
11		committee of 10 is vacant. Upon determination that a vacancy
12		exists, the remaining members shall appoint a petitioner to
13		fill the designated vacancy on the committee of 10. The
14		appointment of any new members by the committee of 10 shall be
15		made by a simple majority vote of the remaining designated
16		members.
17		(d) The petition may be amended to withdraw not to exceed a
18		total of 10% of the territory in the petition at any time prior
19		to the hearing or joint hearing; provided that the petition
20		shall after amendment comply with the requirements as to the
21		number of signatures required on an original petition.
22		(e) The petitioners shall pay the expenses of publishing
23		the notice and of any transcript taken at the hearing or joint
24		hearing; and in case of an appeal from the decision of the
25		regional board of school trustees, or regional boards of school
26		trustees in cases of a joint hearing, or State Superintendent

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1		of Education in cases determined under subsection (l) of this
2		Section, the appellants shall pay the cost of preparing the
3		record for appeal.
4		(f) The notice shall state when the petition was filed, the
5		description of the territory, the prayer of the petition and
6		the return day on which the hearing or joint hearing upon the
7		petition will be held which shall not be more than 15 nor less
8		than 10 days after the publication of notice.
9		(g) On such return day or on a day to which the regional
10		board of school trustees, or regional boards of school trustees
11		in cases of a joint hearing shall continue the hearing or joint
12		hearing the regional board of school trustees, or regional
13		boards of school trustees in cases of a joint hearing shall
14		hear the petition but may adjourn the hearing or joint hearing
15		from time to time or may continue the matter for want of
16		sufficient notice or other good cause.
17		(h) Prior to the hearing or joint hearing the secretary of
18		the regional board of school trustees shall submit to the
19		regional board of school trustees, or regional boards of school
20		trustees in cases of a joint hearing maps showing the districts
21		involved, a written report of financial and educational
22		conditions of districts involved and the probable effect of the
23		proposed changes. The reports and maps submitted shall be made
24		a part of the record of the proceedings of the regional board
25		of school trustees, or regional boards of school trustees in
26		cases of a joint hearing. A copy of the report and maps

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1		submitted shall be sent by the secretary of the regional board
2		of school trustees to each board of the districts involved, not
3		less than 5 days prior to the day upon which the hearing or
4		joint hearing is to be held.
5		(i) The regional board of school trustees, or regional
6		boards of school trustees in cases of a joint hearing shall
7		hear evidence as to the school needs and conditions of the
8		territory in the area within and adjacent thereto and the
9		effect detachment will have on those needs and conditions and
10		as to the ability of the districts affected to meet the
11		standards of recognition as prescribed by the State Board of
12		Education, and shall take into consideration the division of
13		funds and assets which will result from the change of
14		boundaries and shall determine whether it is to the best
15		interests of the schools of the area and the direct educational
16		welfare of the pupils that such change in boundaries be
17		granted, and in case non-high school territory is contained in
18		the petition the normal high school attendance pattern of the
19		children shall be taken into consideration. If the non-high
20		school territory overlies an elementary district, a part of
21		which is in a high school district, such territory may be
22		annexed to such high school district even though not contiguous
23		to the high school district. However, upon resolution by the
24		regional board of school trustees, or regional boards of school
25		trustees in cases of a joint hearing the secretary or
26		secretaries thereof shall conduct the hearing or joint hearing

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1		upon any boundary petition and present a transcript of such
2		hearing to the trustees who shall base their decision upon the
3		transcript, maps and information and any presentation of
4		counsel. In the instance of a change of boundaries through
5		detachment:
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 socio-economic, and non-English speaking
14		student populations of the relevant schools of the
15		districts.
16		(2) The community of interest of the petitioners and
17		their children and the effect detachment will have on the
18		whole child may be considered only if the regional board of
19		school trustees or the regional boards of school trustees
20		first determine that there would be a significant direct
21		educational benefit to the petitioners' children if the
22		change in boundaries were allowed.
23		(3) The regional board of school trustees or the
24		regional boards of school trustees may consider the
25		difference in the distances from the petitioning area to
26		the current schools and the petitioned-for schools only if

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1		the difference is no less than 10 miles shorter to one of
2		the petitioned-for grade centers than it is to the
3		corresponding current grade center.
4		(4) The regional board of school trustees or the
5		regional boards of school trustees may not grant a petition
6		if doing so will increase the percentage of minority, low
7		socio-economic, or non-English speaking students at the
8		school or the district from which the petitioning territory
9		will be detached and will decrease the percentage of those
10		students at the school or district to which the territory
11		will be annexed.
12		(5) The regional board of school trustees or the
13		regional boards of school trustees may not consider whether
14		changing the boundaries will increase the property values
15		of the petitioners' property.
16		The factors in subdivisions (1) through (5) of this
17		subsection (i) are applicable whether or not there are children
18		residing in the petitioning area at the time the hearing is
19		conducted.
20		(j) At the hearing or joint hearing any resident of the
21		territory described in the petition or any resident in any
22		district affected by the proposed change of boundaries may
23		appear in person or by an attorney in support of the petition
24		or to object to the granting of the petition and may present
25		evidence in support of his position.
26		(k) At the conclusion of the hearing, other than a joint

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1		hearing, the regional superintendent of schools as ex officio
2		member of the regional board of school trustees shall within 30
3		days enter an order either granting or denying the petition and
4		shall deliver to the committee of petitioners, if any, and any
5		person who has filed his appearance in writing at the hearing
6		and any attorney who appears for any person and any objector
7		who testifies at the hearing and the regional superintendent of
8		schools a certified copy of its order.
9		(l) Notwithstanding the foregoing provisions of this
10		Section, if within 9 months after a petition is submitted under
11		the provisions of Section 7-1 the petition is not approved or
12		denied by the regional board of school trustees and the order
13		approving or denying that petition entered and a copy thereof
14		served as provided in this Section, the school boards or
15		registered voters of the districts affected that submitted the
16		petition (or the committee of 10, or an attorney acting on its
17		behalf, if designated in the petition) may submit a copy of the
18		petition directly to the State Superintendent of Education for
19		approval or denial. The copy of the petition as so submitted
20		shall be accompanied by a record of all proceedings had with
21		respect to the petition up to the time the copy of the petition
22		is submitted to the State Superintendent of Education
23		(including a copy of any notice given or published, any
24		certificate or other proof of publication, copies of any maps
25		or written report of the financial and educational conditions
26		of the school districts affected if furnished by the secretary

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1		of the regional board of school trustees, copies of any
2		amendments to the petition and stipulations made, accepted or
3		refused, a transcript of any hearing or part of a hearing held,
4		continued or adjourned on the petition, and any orders entered
5		with respect to the petition or any hearing held thereon). The
6		school boards, registered voters or committee of 10 submitting
7		the petition and record of proceedings to the State
8		Superintendent of Education shall give written notice by
9		certified mail, return receipt requested to the regional board
10		of school trustees and to the secretary of that board that the
11		petition has been submitted to the State Superintendent of
12		Education for approval or denial, and shall furnish a copy of
13		the notice so given to the State Superintendent of Education.
14		The cost of assembling the record of proceedings for submission
15		to the State Superintendent of Education shall be the
16		responsibility of the school boards, registered voters or
17		committee of 10 that submits the petition and record of
18		proceedings to the State Superintendent of Education. When a
19		petition is submitted to the State Superintendent of Education
20		in accordance with the provisions of this paragraph:
21		(1) The regional board of school trustees loses all
22		jurisdiction over the petition and shall have no further
23		authority to hear, approve, deny or otherwise act with
24		respect to the petition.
25		(2) All jurisdiction over the petition and the right
26		and duty to hear, approve, deny or otherwise act with

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1		respect to the petition is transferred to and shall be
2		assumed and exercised by the State Superintendent of
3		Education.
4		(3) The State Superintendent of Education shall not be
5		required to repeat any proceedings that were conducted in
6		accordance with the provisions of this Section prior to the
7		time jurisdiction over the petition is transferred to him,
8		but the State Superintendent of Education shall be required
9		to give and publish any notices and hold or complete any
10		hearings that were not given, held or completed by the
11		regional board of school trustees or its secretary as
12		required by this Section prior to the time jurisdiction
13		over the petition is transferred to the State
14		Superintendent of Education.
15		(4) If so directed by the State Superintendent of
16		Education, the regional superintendent of schools shall
17		submit to the State Superintendent of Education and to such
18		school boards as the State Superintendent of Education
19		shall prescribe accurate maps and a written report of the
20		financial and educational conditions of the districts
21		affected and the probable effect of the proposed boundary
22		changes.
23		(5) The State Superintendent is authorized to conduct
24		further hearings, or appoint a hearing officer to conduct
25		further hearings, on the petition even though a hearing
26		thereon was held as provided in this Section prior to the

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1		time jurisdiction over the petition is transferred to the
2		State Superintendent of Education.
3		(6) The State Superintendent of Education or the
4		hearing officer shall hear evidence and approve or deny the
5		petition and shall enter an order to that effect and
6		deliver and serve the same as required in other cases to be
7		done by the regional board of school trustees and the
8		regional superintendent of schools as an ex officio member
9		of that board.
10		(m) Within 10 days after the conclusion of a joint hearing
11		required under the provisions of Section 7-2, each regional
12		board of school trustees shall meet together and render a
13		decision with regard to the joint hearing on the petition. If
14		the regional boards of school trustees fail to enter a joint
15		order either granting or denying the petition, the regional
16		superintendent of schools for the educational service region in
17		which the joint hearing is held shall enter an order denying
18		the petition, and within 30 days after the conclusion of the
19		joint hearing shall deliver a copy of the order denying the
20		petition to the regional boards of school trustees of each
21		region affected, to the committee of petitioners, if any, to
22		any person who has filed his appearance in writing at the
23		hearing and to any attorney who appears for any person at the
24		joint hearing. If the regional boards of school trustees enter
25		a joint order either granting or denying the petition, the
26		regional superintendent of schools for the educational service

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1		region in which the joint hearing is held shall, within 30 days
2		of the conclusion of the hearing, deliver a copy of the joint
3		order to those same committees and persons as are entitled to
4		receive copies of the regional superintendent's order in cases
5		where the regional boards of school trustees have failed to
6		enter a joint order.
7		(n) Within 10 days after service of a copy of the order
8		granting or denying the petition, any person so served may
9		petition for a rehearing and, upon sufficient cause being
10		shown, a rehearing may be granted. The filing of a petition for
11		rehearing shall operate as a stay of enforcement until the
12		regional board of school trustees, or regional boards of school
13		trustees in cases of a joint hearing, or State Superintendent
14		of Education in cases determined under subsection (l) of this
15		Section enter the final order on such petition for rehearing.
16		(o) If a petition filed under subsection (a) of Section 7-1
17		or under Section 7-2 is required under the provisions of
18		subsection (b-5) of this Section 7-6 to request submission of a
19		proposition at a regular scheduled election for the purpose of
20		voting for or against the annexation of the territory described
21		in the petition to the school district proposing to annex that
22		territory, and if the petition is granted or approved by the
23		regional board or regional boards of school trustees or by the
24		State Superintendent of Education, the proposition shall be
25		placed on the ballot at the next regular scheduled election.
26		(Source: P.A. 94-1019, eff. 7-10-06.)

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1		(105 ILCS 5/7-14) (from Ch. 122, par. 7-14)
2		Sec. 7-14. Bonded indebtedness-Tax rate.
3		(a) Beginning on January 1, 2015, whenever the boundaries
4		of any school district are changed by the attachment or
5		detachment of territory, the territory that is detached shall
6		remain liable for its proportionate share of the bonded
7		indebtedness and financial obligations to the Capital
8		Development Board of the school district from which the
9		territory is detached. The annexing district shall not, except
10		pursuant to the approval of a resolution by the school board of
11		the annexing district prior to the effective date of the change
12		of boundaries, assume or be responsible for any of the bonded
13		indebtedness or financial obligations to the Capital
14		Development Board of the district from which the territory is
15		detached. If the annexing district does not assume the
16		detaching territory's proportionate share of the bonded
17		indebtedness of the district from which the territory is
18		detaching, a tax rate for that bonded indebtedness shall be
19		determined in the manner provided in Section 19-7 of this Code,
20		and the county clerk or clerks shall annually extend taxes for
21		each bond outstanding on the effective date of the change of
22		boundaries against all of the taxable property situated within
23		the territory that is detached and within the detaching
24		district. After the effective date of the change of boundaries,
25		all of the property situated within the annexing school

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1		district, including the detaching territory, shall be liable
2		for the bonded indebtedness and financial obligations to the
3		Capital Development Board of that district as it exists on the
4		effective date of the change of boundaries and any date
5		thereafter. Except as provided in subsection (b), whenever the
6		boundaries of any school district are changed by the annexation
7		or detachment of territory, each such district as it exists on
8		and after such action shall assume the bonded indebtedness, as
9		well as financial obligations to the Capital Development Board
10		pursuant to Section 35-15 (now repealed) of this Code, of all
11		the territory included therein after such change. The tax rate
12		for bonded indebtedness shall be determined in the manner
13		provided in Section 19-7 of this Act, except the County Clerk
14		shall annually extend taxes against all the taxable property
15		situated in the county and contained in each such district as
16		it exists after the action. Notwithstanding the provisions of
17		this subsection, if the boundaries of a school district are
18		changed by annexation or detachment of territory after June 30,
19		1987, and prior to September 15, 1987, and if the school
20		district to which territory is being annexed has no outstanding
21		bonded indebtedness on the date such annexation occurs, then
22		the annexing school district shall not be liable for any bonded
23		indebtedness of the district from which the territory is
24		detached, and the school district from which the territory is
25		detached shall remain liable for all of its bonded
26		indebtedness.

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1		(b) Whenever a school district with bonded indebtedness has
2		become dissolved under this Article and its territory annexed
3		to another district, the annexing district or districts shall
4		not, except by action pursuant to resolution of the school
5		board of the annexing district prior to the effective date of
6		the annexation, assume the bonded indebtedness of the dissolved
7		district; nor, except by action pursuant to resolution of the
8		school board of the dissolving district, shall the territory of
9		the dissolved district assume the bonded indebtedness of the
10		annexing district or districts. If the annexing district or
11		districts do not assume the bonded indebtedness of the
12		dissolved district, a tax rate for the bonded indebtedness
13		shall be determined in the manner provided in Section 19-7, and
14		the county clerk or clerks shall annually extend taxes for each
15		outstanding bond issue against all the taxable property that
16		was situated within the boundaries of the district as the
17		boundaries existed at the time of the issuance of each bond
18		issue regardless of whether the property is still contained in
19		that same district at the time of the extension of the taxes by
20		the county clerk or clerks.
21		(c) Notwithstanding the provisions of Section 19-18 of this
22		Code, upon resolution of the school board, the county clerk
23		must extend taxes to pay the principal of and interest on any
24		bonds issued exclusively to refund any bonded indebtedness of
25		the annexing school district against all of the taxable
26		property that was situated within the boundaries of the

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