Statutes > Illinois Statutes > CHAPTER 105 SCHOOLS > 105 ILCS 5/ School Code. > Article 11E - Conversion and Formation of School Districts

Article 11E - Conversion and Formation of School Districts


 
    (105 ILCS 5/Art. 11E heading)
ARTICLE 11E. CONVERSION AND FORMATION OF SCHOOL DISTRICTS
(Source: P.A. 94‑1019, eff. 7‑10‑06.)

    (105 ILCS 5/11E‑5)
    Sec. 11E‑5. Purpose and applicability. The purpose of this Article is to permit greater flexibility and efficiency in the reorganization and formation of school districts for the improvement of the administration and quality of educational services and for the best interests of pupils. This Article applies only to school districts with under 500,000 inhabitants.
(Source: P.A. 94‑1019, eff. 7‑10‑06.)

    (105 ILCS 5/11E‑10)
    Sec. 11E‑10. Definitions. In this Article:
    "Affected district" means any school district with territory included in a petition for reorganization under this Article that encompasses (i) 25% or more of the total land area of the district, (ii) more than 8% of the student enrollment of the district, or (iii) more than 8% of the equalized assessed valuation of the district.
    "Combined high school ‑ unit district" means a school district resulting from the combination of a high school district and a unit district.
    "Combined school district" means any district resulting from the combination of 2 or more entire elementary districts, 2 or more entire high school districts, or 2 or more entire unit districts.
    "Dual district" means a high school district and all of its feeder elementary districts collectively.
    "Elementary district" means a school district organized and established for purposes of providing instruction up to and including grade 8. "Elementary district" includes common elementary school districts, consolidated elementary school districts, community consolidated school districts, combined elementary districts, and charter elementary districts.
    "Elementary purposes" means the purposes of providing instruction up to and including grade 8.
    "High school district" means a school district organized and established for purposes of providing instruction in grades 9 through 12. "High school district" includes charter high school districts, township high school districts, consolidated high school districts, community high school districts, and non‑high school districts.
    "High school purposes" means the purposes of providing instruction in grades nine through 12.
    "High school ‑ unit conversion" means a school district conversion authorized under subsection (a) of Section 11E‑15 of this Code.
    "K through 12 purposes" means the purposes of providing instruction up to and including grade 12.
    "Multi‑unit conversion" means the formation of a combined high school ‑ unit district and one or more new elementary districts as authorized under subsection (b) of Section 11E‑30 of this Code.
    "Optional elementary unit district" means a unit district resulting from the combination of a high school district and the combination of any one or more elementary districts electing to organize as an optional elementary unit district.
    "Partial elementary unit district" means either a combined high school ‑ unit district or an optional elementary unit district.
    "School board" means either a board of education or a board of school directors.
    "School district conversion" means a high school ‑ unit conversion or a unit to dual conversion.
    "School needs" means the needs of the proposed school district and any districts in the area adjacent thereto in relation to, without limitation, providing a full range of high quality educational and extracurricular programs, maintaining a full complement of professional staff to deliver optimal educational services, meeting the program and staff needs of all students, including students with disabilities and students in career and technical education courses, maximizing community involvement in school governance, operating on an economically efficient basis, and maintaining a sufficient local tax base.
    "Substantially coterminous" means that a high school district and one or more elementary districts share the same boundaries or share the same boundaries except for territory encompassing, for a particular district, (i) less than 25% of the land area of the district, (ii) less than 8% of the student enrollment of the district, and (iii) less than 8% of the equalized assessed valuation of the district.
    "Unit district" means a school district organized and established for purposes of providing instruction up to and including grade 12. "Unit district" includes charter (K through 12) districts, community unit districts, community consolidated unit districts, other districts that, prior to the adoption of the community consolidated unit district and community unit district, authorizing legislation had expanded to provide instruction through the 12th grade (commonly referred to as "Old Type" unit districts), and partial elementary unit districts organized pursuant to the provisions of this Article.
    "Unit to dual conversion" means a school district conversion authorized under subsection (b) of Section 11E‑15 of this Code.
(Source: P.A. 94‑1019, eff. 7‑10‑06.)

    (105 ILCS 5/11E‑15)
    Sec. 11E‑15. School district conversion.
    (a) One or more unit districts and one or more high school districts, all of which are contiguous, may, under the provisions of this Article, be converted into a dual district through the dissolution of the unit district or districts and the high school district or districts if the following apply:
        (1) each elementary district to be created includes
     all of the territory within a unit district to be dissolved; and
        (2) the high school district to be created includes
     all of the territory within the unit districts and high school districts to be dissolved.
    (b) Two or more contiguous unit districts may, under the
     provisions of this Article, dissolve and form a single new high school district and new elementary districts that are based upon the boundaries of the dissolved unit districts.
(Source: P.A. 94‑1019, eff. 7‑10‑06.)

    (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.
    (b) Any 2 or more entire contiguous high school districts may be organized into a combined high school district under the provisions of this Article.
    (c) Any 2 or more entire contiguous unit districts may be organized into a combined unit district under the provisions of this Article.
(Source: P.A. 94‑1019, eff. 7‑10‑06.)

    (105 ILCS 5/11E‑25)
    Sec. 11E‑25. Unit district formation.
    (a) Any contiguous and compact territory, no part of which is included within any unit district, may be organized into a unit district as provided in this Article.
    (b) The territory of one or more entire unit districts that are contiguous to each other, plus any contiguous and compact territory no part of which is included within any unit district, and the territory of which taken as a whole is compact may be organized into a unit district as provided in this Article.
(Source: P.A. 94‑1019, eff. 7‑10‑06.)

    (105 ILCS 5/11E‑30)
    Sec. 11E‑30. Partial elementary unit district formation.
    (a) One or more entire high school districts and one or more entire unit districts, all of which are contiguous, may be organized into a combined high school ‑ unit district as provided in this Article. The combined high school ‑ unit district shall serve all residents of the district for high school purposes and those residents residing in the portion of the territory included within the boundaries of the dissolved unit district or districts for elementary purposes.
    (b) One or more contiguous unit districts may, as provided in this Article, dissolve and form a single new combined high school ‑ unit district and one or more new elementary districts. The boundaries of the new elementary district or districts shall be based upon the boundaries of the dissolved unit district or districts electing to join the combined high school ‑ unit district only for high school purposes. Territory included within the boundaries of the new elementary district or districts shall be served by the new combined high school ‑ unit district only for high school purposes. All other territory within the combined high school ‑ unit district shall be served by the combined high school ‑ unit district for both high school and elementary purposes.
    (c) A high school district and 2 or more elementary districts that collectively are substantially coterminous may seek to organize into an optional elementary unit district as provided in this Article, provided that territory comprising at least 51% of the equalized assessed valuation of the high school district is subject to a combined high school and elementary maximum annual authorized tax rate for educational purposes of 4.0% or less. The optional elementary unit district shall serve all residents of the district for high school purposes. The optional elementary unit district shall serve residents of only those elementary districts electing to join the optional elementary unit district, as determined in accordance with subsection (b) of Section 11E‑65 of this Code, for elementary purposes. The corporate existence of any elementary district electing not to join the optional elementary unit district in accordance with subsection (b) of Section 11E‑65 of this Code shall not be affected by the formation of an optional elementary unit district, and an elementary district electing not to join the optional elementary unit district shall continue to serve residents of the district for elementary purposes.
    (d)(1) For 5 years following the formation of an optional elementary unit district, any elementary district that elected not to join an optional elementary unit district for elementary purposes may elect to dissolve and combine with the optional elementary unit district by filing a petition that requests the submission of the proposition at a regularly scheduled election for the purpose of voting for or against joining the optional elementary unit district and that complies with the other provisions of this Article.
        (2) After an election in which an elementary district
     votes to join an optional elementary unit district in accordance with paragraph (1) of this subsection (d), but prior to the dissolution of the elementary district, the elementary district must first issue funding bonds pursuant to Sections 19‑8 and 19‑9 of this Code to liquidate any operational deficit or debt incurred or accumulated since the date of the election in which the proposition to form the optional elementary unit district passed. The elementary district shall not be required to comply with the backdoor referenda provisions of Section 19‑9 of this Code as a condition of issuing the funding bonds. If applicable, the tax levy to pay the debt service on the funding bonds shall not be included in the district's aggregate extension base under Section 18‑210 of the Property Tax Code. Taxes levied to repay principal and interest on any long term debt incurred or accumulated between the date of the election in which the proposition to form the optional elementary unit district passed and the date of the elementary district's dissolution and joining the optional elementary unit district in accordance with paragraph (1) of this subsection (d) shall be levied and extended only against the territory of the elementary district as it existed prior to dissolution.
        (3) If all eligible elementary districts elect to
     join an optional elementary unit district in accordance with this subsection (d), the optional elementary unit district shall thereafter be deemed a unit district for all purposes of this Code.
(Source: P.A. 94‑1019, eff. 7‑10‑06.)

    (105 ILCS 5/11E‑35)
    Sec. 11E‑35. Petition filing.
    (a) A petition shall be filed with the regional superintendent of schools of the educational service region in which the territory described in the petition or that part of the territory with the greater percentage of equalized assessed valuation is situated. The petition must do the following:
        (1) be signed by at least 50 legal resident voters or
     10% of the legal resident voters, whichever is less, residing within each affected district; or
        (2) be approved by the school board in each affected
     district.
    (b) The petition shall contain all of the following:
        (1) A request to submit the proposition at a regular
     scheduled election for the purpose of voting:
            (A) for or against a high school ‑ unit
         conversion;
            (B) for or against a unit to dual conversion;
            (C) for or against the establishment of a
         combined elementary district;
            (D) for or against the establishment of a
         combined high school district;
            (E) for or against the establishment of a
         combined unit district;
            (F) for or against the establishment of a unit
         district from dual district territory exclusively;
            (G) for or against the establishment of a unit
         district from both dual district and unit district territory;
            (H) for or against the establishment of a
         combined high school ‑ unit district from a combination of one or more high school districts and one or more unit districts;
            (I) for or against the establishment of a
         combined high school ‑ unit district and one or more new elementary districts through a multi‑unit conversion;
            (J) for or against the establishment of an
         optional elementary unit district from a combination of a substantially coterminous dual district; or
            (K) for or against dissolving and becoming part
         of an optional elementary unit district.
        (2) A description of the territory comprising the
     districts proposed to be dissolved and those to be created, which, for an entire district, may be a general reference to all of the territory included within that district.
        (3) A specification of the maximum tax rates for
     various purposes the proposed district or districts shall be 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.
        (4) A description of how supplementary State deficit
     difference payments made under subsection (c) of Section 11E‑135 of this Code will be allocated among the new districts proposed to be formed.
        (5) Where applicable, a division of assets and
     liabilities to be allocated to the proposed new or annexing school district or districts in the manner provided in Section 11E‑105 of this Code.
        (6) If desired, a request that at that same election
     as the reorganization proposition a school board or boards be elected on a separate ballot or ballots to serve as the school board or boards of the proposed new district or districts. Any election of board members at the same election at which the proposition to create the district or districts to be served by the board or boards is submitted to the voters shall proceed under the supervision of the regional superintendent of schools as provided in Section 11E‑55 of this Code.
        (7) If desired, a request that the referendum at
     which the proposition is submitted for the purpose of voting for or against the establishment of a unit district (other than a partial elementary unit district) include as part of the proposition the election of board members by school board district rather than at large. Any petition requesting the election of board members by district shall divide the proposed school district into 7 school board districts, each of which must be compact and contiguous and substantially equal in population to each other school board district. Any election of board members by school board district shall proceed under the supervision of the regional superintendent of schools as provided in Section 11E‑55 of this Code.
        (8) If desired, a request that the referendum at
     which the proposition is submitted for the purpose of voting for or against the establishment of a unit to dual conversion include as part of the proposition the election of board members for the new high school district (i) on an at large basis, (ii) with board members representing each of the forming elementary school districts, or (iii) a combination of both. The format for the election of the new high school board must be defined in the petition. When 4 or more unit school districts and a combination of board members representing each of the forming elementary school districts are involved and at large formats are used, one member must be elected from each of the forming elementary school districts. The remaining members may be elected on an at large basis, provided that none of the underlying elementary school districts have a majority on the resulting high school board. When 3 unit school districts and a combination of board members representing each of the forming elementary school districts are involved and at large formats are used, 2 members must be elected from each of the forming elementary school districts. The remaining member must be elected at large.
        (9) If desired, a request that the referendum at
     which the proposition shall be submitted include a proposition on a separate ballot authorizing the issuance of bonds by the district or districts when organized in accordance with this Article. However, if the petition is submitted for the purpose of voting for or against the establishment of an optional elementary unit district, the petition may request only that the referendum at which the proposition is submitted include a proposition on a separate ballot authorizing the issuance of bonds for high school purposes (and not elementary purposes) by the district when organized in accordance with this Article. The principal amount of the bonds and the purposes of issuance, including a specification of elementary or high school purposes if the proposed issuance is to be made by a combined high school ‑ unit district, shall be stated in the petition and in all notices and propositions submitted thereunder. Only residents in the territory of the district proposing the bond issuance may vote on the bond issuance.
        (10) A designation of a committee of ten of the
     petitioners as attorney in fact for all petitioners, any 7 of whom may at any time, prior to the final decision of the regional superintendent of schools, amend the petition in all respects (except that, for a unit district formation, there may not be an increase or decrease of more than 25% of the territory to be included in the proposed district) and make binding stipulations on behalf of all petitioners as to any question with respect to the petition, including the power to stipulate to accountings or the waiver thereof between school districts.
    (c) The regional superintendent of schools shall not
     accept for filing under the authority of this Section any petition that includes any territory already included as part of the territory described in another pending petition filed under the authority of this Section.
    (d)(1) Those designated as the Committee of Ten shall
     serve in that capacity until such time as the regional superintendent of schools determines that, because of death, resignation, transfer of residency from the territory, failure to qualify, or any other reason, the office of a particular member of the Committee of Ten is vacant. Upon determination by the regional superintendent of schools that these vacancies exist, he or she shall declare the vacancies and shall notify the remaining members to appoint a petitioner or petitioners, as the case may be, to fill the vacancies in the Committee of Ten so designated. An appointment by the Committee of Ten to fill a vacancy shall be made by a simple majority vote of the designated remaining members.
    (2) Failure of a person designated as a member of the
     Committee of Ten to sign the petition shall not disqualify that person as a member of the Committee of Ten, and that person may sign the petition at any time prior to final disposition of the petition and the conclusion of the proceedings to form a new school district or districts, including all litigation pertaining to the petition or proceedings.
    (3) Except as stated in item (10) of subsection (b) of
     this Section, the Committee of Ten shall act by majority vote of the membership.
    (4) The regional superintendent of schools may accept a
     stipulation made by the Committee of Ten instead of evidence or proof of the matter stipulated or may refuse to accept the stipulation, provided that the regional superintendent sets forth the basis for the refusal.
    (5) The Committee of Ten may voluntarily dismiss its
     petition at any time before a final decision is issued by the State Superintendent of Education.
(Source: P.A. 94‑1019, eff. 7‑10‑06; 95‑903, eff. 8‑25‑08.)

    (105 ILCS 5/11E‑40)
    Sec. 11E‑40. Notice and petition amendments.
    (a) Upon the filing of a petition with the regional superintendent of schools as provided in Section 11E‑35 of this Code, the regional superintendent shall do all of the following:
        (1) Cause a copy of the petition to be given to each
     school board of the affected districts and the regional superintendent of schools of any other educational service region in which territory described in the petition is situated.
        (2) Cause a notice thereof to be published at least
     once each week for 3 successive weeks in at least one newspaper having general circulation within the area of all of the territory of the proposed district or districts. The expense of publishing the notice shall be borne by the petitioners and paid on behalf of the petitioners by the Committee of Ten.
    (b) The notice shall state all of the following:
        (1) When and to whom the petition was presented.
        (2) The prayer of the petition.
        (3) A description of the territory comprising the
     districts proposed to be dissolved and those to be created, which, for an entire district, may be a general reference to all of the territory included within that district.
        (4) If applicable, the proposition to elect, by
     separate ballot, school board members at the same election, indicating whether the board members are to be elected at large or by school board district.
        (5) If requested in the petition, the proposition to
     issue bonds, indicating the amount and purpose thereof.
        (6) The day, time, and location on which the hearing
     on the action proposed in the petition shall be held.
    (c) The requirements of subsection (g) of Section 28‑2 of
     the Election Code do not apply to any petition filed under this Article. Notwithstanding any provision to the contrary contained in the Election Code, the regional superintendent of schools shall make all determinations regarding the validity of the petition, including without limitation signatures on the petition, subject to State Superintendent and administrative review in accordance with Section 11E‑50 of this Code.
    (d) Prior to the hearing described in Section 11E‑45 of
     this Code, the regional superintendent of schools shall inform the Committee of Ten as to whether the petition, as amended or filed, is proper and in compliance with all applicable petition requirements set forth in the Election Code. If the regional superintendent determines that the petition is not in proper order or not in compliance with any applicable petition requirements set forth in the Election Code, the regional superintendent must identify the specific alleged defects in the petition and include specific recommendations to cure the alleged defects. The Committee of Ten may amend the petition to cure the alleged defects at any time prior to the receipt of the regional superintendent's written order made in accordance with subsection (a) of Section 11E‑50 of this Code or may elect not to amend the petition, in which case the Committee of Ten may appeal a denial by the regional superintendent following the hearing in accordance with Section 11E‑50 of this Code.
(Source: P.A. 94‑1019, eff. 7‑10‑06; 95‑903, eff. 8‑25‑08.)

    (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.
    (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.
    (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 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.
(Source: P.A. 94‑1019, eff. 7‑10‑06; 95‑903, eff. 8‑25‑08.)

    (105 ILCS 5/11E‑50)
    Sec. 11E‑50. Approval or denial of the petition; administrative review.
    (a) Within 14 days after the conclusion of the hearing under Section 11E‑45 of this Code, the regional superintendent of schools shall take into consideration the school needs and conditions of the affected districts and in the area adjacent thereto, the division of funds and assets that will result from the action described in the petition, the best interests of the schools of the area, and the best interests and the educational welfare of the pupils residing therein and, through a written order, either approve or deny the petition. If the regional superintendent fails to act upon a petition within 14 days after the conclusion of the hearing, the regional superintendent shall be deemed to have denied the petition.
    (b) Upon approving or denying the petition, the regional superintendent of schools shall submit the petition and all evidence to the State Superintendent of Education. The State Superintendent shall review the petition, the record of the hearing, and the written order of the regional superintendent, if any. Within 21 days after the receipt of the regional superintendent's decision, the State Superintendent shall take into consideration the school needs and conditions of the affected districts and in the area adjacent thereto, the division of funds and assets that will result from the action described in the petition, the best interests of the schools of the area, and the best interests and the educational welfare of the pupils residing therein and, through a written order, either approve or deny the petition. If the State Superintendent denies the petition, the State Superintendent shall set forth in writing the specific basis for the denial. The decision of the State Superintendent shall be deemed an administrative decision as defined in Section 3‑101 of the Code of Civil Procedure. The State Superintendent shall provide a copy of the decision by certified mail, return receipt requested, to the Committee of Ten, any person appearing in support or opposition of the petition at the hearing, each school board of a district in which territory described in the petition is situated, the regional superintendent with whom the petition was filed, and the regional superintendent of schools of any other educational service region in which territory described in the petition is situated.
    (c) Any resident of any territory described in the petition who appears in support of or opposition to the petition at the hearing or any petitioner or school board of any district in which territory described in the petition is situated may, within 35 days after a copy of the decision sought to be reviewed was served by certified mail, return receipt requested, upon the party affected thereby or upon the attorney of record for the party, apply for a review of an administrative decision of the State Superintendent of Education in accordance with the Administrative Review Law and any 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 in which the petition is filed with the regional superintendent of schools shall have sole jurisdiction to entertain a complaint for the review.
(Source: P.A. 94‑1019, eff. 7‑10‑06; 95‑903, eff. 8‑25‑08.)

    (105 ILCS 5/11E‑55)
    Sec. 11E‑55. Holding of elections.
    (a) Elections provided by this Article shall be conducted in accordance with the general election law. The regional superintendent of schools shall perform the election duties assigned by law to the secretary of a school board for the election and shall certify the officers and candidates therefore pursuant to the general election law.
    (b) Nomination papers filed under this Article are not valid unless the candidate named therein files with the regional superintendent of schools a receipt from the county clerk showing that the candidate has filed a statement of economic interests as required by the Illinois Governmental Ethics Act. This receipt shall be so filed either previously during the calendar year in which his or her nomination papers were filed or within the period for the filing of nomination papers in accordance with the general election law.
    (c)(1) If the petition requests the election of school
     board members of the school district proposed to be created at the same election at which the proposition to establish that district is to be submitted to voters or if the regional superintendent of schools finds it to be in the best interest of the districts involved to elect school board members of the school district proposed to be created at a consolidated election or general primary election, then that fact shall be included in the notice of referendum.
    (2) If the members of the school board of the school
     district proposed to be created are not to be elected at the same election at which the proposition to establish that district is to be submitted to the voters, then the regional superintendent of schools shall order an election to be held on the next regularly scheduled election date for the purpose of electing a school board for that district.
    (3) In either event, the school board elected for a new