A PRIMER ON ILLINOIS SCHOOL
tions of the School Code that refer to
BOUNDARIES AND DISTRICT
school district reorganization options
REORGANIZATION
and the requisite procedures involved
to accomplish these changes.3
by Matthew Cate, Margaret A. Noe,
I. Boundary Change
and Wm. Bradley Colwell
With the enactment of Illinois’
A school district may elect or be
most recent educational reform package
forced to alter its geographical bound-
in 1997 (HB 452)1 and the Property Tax
aries. Boundary changes, or configura-
Extension Limitation Law (PTELL or
tions, are typically the result of modifi-
Tax Caps) in 1995,2 the General Assem-
cations in economic conditions and
bly sent a strong message that Illinois
population shifts. Specifically, increas-
schools must be more fiscally respon-
ing costs, declining enrollment, decreas-
sible. As Illinois school districts con-
ing local tax base, deteriorating school
sider their educational mission into the
plant facilities, and collective bargain-
21st century, a top priority for most Illi-
ing likely contribute to consideration of
nois districts will be the issue of ad-
district boundary changes. In order to
equate school funding. One major
understand the various options for
source of funding for Illinois school dis-
boundary configurations, it is necessary
tricts will continue to be local property
to have a fundamental knowledge of the
taxation. Therefore, the future viability
organizational types of Illinois school
of these districts depends upon a stable,
districts.
yet vibrant, property tax base. If this is
Types of School Districts
not possible, a potential result for some
districts could be the consideration of
district reorganization (e.g., consolida-
Illinois is unique because school
tion or annexation/detachment) to best
districts are organized in different ways.
meet students’ educational needs. This
The difference in names and terminol-
article provides a synopsis of the sec-
ogy reflect the terms in use at the time
the districts were organized ( i.e., com-
41
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Illinois State School Law Quarterly
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munity, consolidated). There are some
its boundaries, it must choose between
school districts, however, which do have
a variety of methods to accomplish its
important legal distinctions:
goal. The Illinois School Code provides
CharterA charter dis-
four distinct methods by which a school
trict, like the Chicago Public
district may configure its boundaries:
Schools, is created by a charter
detachment, annexation, division,7 dis-
granted by the state and is gov-
solution, or any combination of the pre-
erned by special sections of the
vious four procedures.8
School Code.4
Annexation: The formal act
Unit A unit district is one
of attaching or adding detached
that provides educational ser-
territory to another school dis-
vices for children in pre-kinder-
trict; generally the connection of
garten or kindergarten through
a smaller, subordinate territory
grade 12.5
to another adjacent territory. 9
Dual A dual district
Detachment: The formal act
structure is created by the exist-
of separation of territory from a
ence of a separate elementary (k-
school district .
8) and secondary or high school
Dissolution: The formal act
district (grades 9-12).6 Each dis-
of terminating a district’s legal
trict has its own board of educa-
existence and attaching that ter-
tion and superintendent and is
ritory to one or more neighbor-
governed independently includ-
ing districts.10
ing setting tax rates. The school
The petition may be initiated
districts’ boundaries need not be
through a resolution of the respective
coterminous.
boards of education or by the citizens
at large. Each method may have its own
Types of District Boundary Configura-
unique requirements for time lines; pe-
tion
titions; maps; dates; compensation;
hearings; notice; elections, if applicable;
Once a district decides to change
Illinois State School Law Quarterly
and review.
42
available for testimony and redress
Annexation & Detachment
during the hearing, order, rehearing,
and appeal process.
Whether the school district to be
Dissolution
reorganized is in one educational service region or two, the process is basically the same.11 School district bound-
The dissolution process of a
aries lying entirely within one educa-
school district is, in most cases, the
12
tional service region may be changed
same as for petitions for annexation,
through school board action or by the
detachment — the petitions can be ini-
citizens initiating the petition process.
tiated by either the boards of educa-
Petitions for boundary changes require
tion or the residents of the district.
signatures from a majority of voters in
However, only petitioners from the dis-
each affected district, except in the case
solving district need file a petition,
of annexation or detachment, where the
which must specify the district(s) that
requirement for signatures is two-thirds
will annex the dissolved territory.16
of the registered voters.13 The petition
There is one exception. Appli-
shall contain the request of the petition,
cable only to smaller school districts,
dates, name of witness/circulator, and
section 5/7-2a (b) of the School Code
names and addresses of signatories, as
provides for the dissolution of a school
filed on the current official voting
district without a full hearing on the
record.14 The petition is then submit-
merits. This statute was intended to
ted to the regional board of school trust-
facilitate the inevitable demise of a
15
The regional board of school
school district, which was financially
trustees must conduct a hearing to con-
bankrupt or one which could no longer
sider the sufficiency of the petition, the
provide quality educational programs.
evidence as to the school district’s
According to the statute, the
needs, and the ability of the districts to
size of the school district is based on
meet Illinois State Board of Education
population, not student enrollment.
standards. Sufficient opportunities are
“Any school district with a population
ees.
43
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Illinois State School Law Quarterly
Vol. 19, No. 2, Winter, 1998, pp. 41-80
of less than 5,000 residents shall be dis-
of a majority of registered voters in the
solved and its territory annexed. . . by
district).
the regional board of school trustees
The regional board of school
upon the filing . . . of a petition adopted
trustees shall have no authority
by resolution of the board or a petition
to deny dissolution requested in
signed by a majority of the registered
a proper petition for dissolution
voters of the district seeking such dis-
filed under this subsection (b).20
solution.”17 Consequently, every super-
Noticing these possible draco-
intendent needs to be acutely aware of
nian consequences, the law was
district’s resident population.
amended to provide that petitioners cannot circulate petitions nor can a board
of education adopt a resolution for dis-
Requirements for this type of
solution without a public meeting. The
district dissolution are significantly less
statute now requires that the school
stringent than for boundary changes by
board or the petitioners give
annexation or detachment. The dissolu-
at least 10 days’ notice to be
tion process provides a majority of vot-
published once in a newspaper
ers can dissolve a school district by pe-
. . . and shall have conducted a
tition or a majority of the board of edu-
public informational meeting to
cation by resolution. The regional board
inform the residents of the dis-
of school trustees does not conduct a
trict of the proposed dissolution
hearing on the merits; it need only con-
and to answer questions con-
duct a hearing to determine the suffi-
cerning the proposed dissolu-
ciency of the petition.
18
tion.21
Most people view a petition as
After a district has been dis-
a request, 19 not a final action. In this
solved, the regional board shall exercise
case, however, the single act of signing
its discretion regarding the annexation
the petition could result in dissolution
of the dissolved territory in accordance
of a district, if the petition was sufficient
with Section 7-11 of the School Code.22
(i.e., it contained the requisite signatures
The regional board must give proper
Illinois State School Law Quarterly
44
notice of a hearing that shall be held
ing a petition to reconfigure the bound-
within 50-70 days after the dissolution
aries of a unit or dual school districts.
to determine how the dissolved territory
First, there cannot be any non-high
should be divided.23 The regional board
school territory that will result from the
may give consideration to, but is not
granting of the petition. Next, the dis-
bound by, the residents’ wishes of the
trict created must have a population of
various school districts affected by the
at least 2,000, an equalized assessed
annexation.24 The dissolved district can
valuation of at least $6,000,000, and
be annexed to a neighboring district or
the area must be compact and contigu-
divided up among neighboring districts.
ous.26 The compactness and contigu-
The tenured teachers in the dis-
ousness of the territory are often points
solved district do not lose their tenure
of contention, but the territory need not
when they transfer to an annexing
be rectangular or square, nor must it
district(s). This has an impact upon the
have regular boundary lines for it to
tenured faculty in the receiving district.
pass this requirement.27
If the territory is added to two or more
In addition, if there will be a
districts, then the tenured teachers are
school district without a school build-
transferred to those receiving districts
ing because of a detachment, that ac-
in proportion to the pupils transferring
tion may be set aside by the county
and according to the annexing districts
board of school trustees. Moreover, it
staffing needs. Transfer of tenured
is possible to set the detachment aside
teachers are based upon requests by
if there is a petition by two-thirds of
teachers in order of seniority in the dis-
the eligible voters of the district after
solving district.
25
the detachment. Then, the county
board of school trustees will hold a
hearing upon the petition.28
Requirements for Granting Boundary
Change Petitions
Petition Filing
The School Code mandates that
several stipulations be met before grant-
A petition must be filed, which
45
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Illinois State School Law Quarterly
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will be followed by proper notice of the
or answer a question concerning the pe-
petition. A hearing will then be held
tition that will be for all petitioners.
concerning the petitioners’ request, and
They will make stipulations regarding
a decision will be given soon after. This
any questions at the hearing concern-
might not sound exceptionally difficult,
ing the petition, the hearing, or over the
and it often takes place without any
financial accountings between dis-
complication. Yet, it is over this part
tricts.30
of the process that considerable litiga-
The committee members will
tion has taken place, with over 85 law-
serve in their capacity until the petition
suits filed over this portion of the pro-
is decided. If a vacancy arises during
cess alone. The best way to avoid such
this time, the remaining members will
problems is to ensure compliance with
appoint another petitioner to fill the va-
the School Code.
cancy. This will be done by a simple
The petition should be filed
majority vote of the committee of ten.31
with the secretary of the regional board
If a member of the committee of ten
of school trustees. The secretary will
fails to sign the petition, then the peti-
then provide copies of the petition to
tion is void, and it cannot be later cor-
those districts involved and will give a
rected. Although the School Code does
single notice of the petition in a news-
allow for any seven members to make
paper of general circulation.29 When
binding stipulations on behalf of all pe-
the petition has more than 10 signa-
titioners, it does not permit less than
tures, then the petition will designate
ten members to serve on the commit-
10 of the petitioners to serve as the
tee.32 Prior to the hearing, the petition
“committee of ten.” This committee
may be amended to withdraw up to 10
will act in the place of all the petition-
percent of the territory involved, as long
ers to try to get the petition passed. Any
as the petition remains in compliance
seven of the ten may make binding
with the signature requirements. 33
stipulations on behalf of all the petiNotice
tioners. Thus, the committee can make
an agreement concerning the petition
Illinois State School Law Quarterly
46
The petitioners will pay for the
conditions of the territory. They will
publishing of the notice and for any
also accept evidence of the district’s
transcripts that are required.34 The no-
ability to meet the State Board of
tice has several requirements that must
Education’s standards of recognition,
be fulfilled for it to be proper. It must
and they will take into account the fi-
state when the petition was filed, de-
nancial status after the changes would
scribe the territory involved, what the
be made.37 The board reviews a num-
petitioners are requesting, and when the
ber of other factors in making their de-
hearing is to be held. A hearing must
cision. Two such concepts often used
be held within 10 to 15 days after the
are the “benefit-detriment” test and the
notice is published.35 Prior to the hear-
“financial injury” test. Under the ben-
ing, the secretary of the regional board
efit-detriment test, the regional board
of school trustees will give the regional
looks to see if the overall benefit to the
board information essential to the suc-
annexing school district clearly out-
cess or demise of the petitioners’ re-
weighs the resulting detriment to the
quest, including maps of the districts
losing school district.38 Under the fi-
involved, a written report of the finan-
nancial injury test, the board can look
cial and educational status of the dis-
at the financial harm that would result
tricts involved, and a statement of the
to the losing district, and if the finan-
probable effect of the proposed bound-
cial loss is great enough, it can then
ary change.36
deny the petition on this basis.39 Ultimately, the regional board of school
trustees will decide if it is in the best
interest of the schools involved and the
educational welfare of the students for
the boundary change to take place.40
Hearing
During the hearing, any resident of the
The regional board of school
territory described in the petition or af-
trustees will hear evidence at the hear-
fected by the change may appear in per-
ing about the school’s needs and the
son, or by an attorney, to support or op-
47
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Illinois State School Law Quarterly
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pose the boundary change that is pro-
usually all occurs within the time frame;
posed. They may also give evidence in
but if it does not, then the petitioners
support of their views.41
may still have their petition decided.
They can submit their petition directly
to the state superintendent of education
Decision
for a decision. All other records that
Within 30 days after the conclu-
have accumulated to this point are to be
sion of the hearing, the regional super-
submitted along with the petition. These
intendent of schools, as a member of the
would include such items as a copy of
regional board of school trustees, will en-
the notice and any evidence from the
ter the order either granting or denying
hearing. The party who submits the re-
the petitioners’ request.42 Although the
quest directly to the state superintendent
law specifically provides 30 days after
must give notice to the regional board
the conclusion of the hearing, the court
of school trustees and the secretary of
has not held technically to this rule, and
that board. The cost of submission to
a slightly longer period of time has been
the state superintendent will be paid by
allowed when it will not be to the detri-
the party submitting it. All jurisdiction
ment to those involved.43 A certified
over the petition is transferred from the
copy of the decision will be provided to
regional board of school trustees to the
the committee of 10 and all residents
state superintendent of education. The
who filed their appearance in writing at
state superintendent will not be required
the hearing.44
to repeat any steps that have already
been completed, and the regional board
Alternative Filing
of school trustees must provide any
maps or written reports they have that
The decision to approve or deny
concern the petition. The state superin-
the petition, an order entering this deci-
tendent will then render a decision upon
sion, and distributing copies of the de-
the petition and notify the parties of
cision to the parties involved must be
such.46
completed within nine months.45 This
Illinois State School Law Quarterly
48
decision to those who filed the petition
and to those who filed their appearance
in writing at the hearing.49
Joint Hearing
Request for Rehearing
If school district boundaries include two or more counties or educational service regions, the regional
Within 10 days of being served
boards of each school district affected
a copy of the decision from the single
must be present. The secretary with
or joint hearing from either the regional
whom the petition was filed will pro-
or state superintendent, any party may
vide copies to the regional board of
request a rehearing on the decision,
school trustees of each affected district.
which may be granted if there is suffi-
If the secretary fails to provide the no-
cient cause. The filing of a petition for
tice within 30 days, then the secretary
rehearing will operate as a stay on any
of any regional board affected may give
decision that was given.50 Action on the
the proper notice.47
petition will then await the final order
In addition, if a joint hearing is
of the rehearing. A rehearing is typi-
required, the affected regional boards of
cally not granted unless there is suffi-
school trustees must meet and make a
cient reason shown that a different re-
decision upon the petition. 48 If the
sult could now occur, such as a change
boards fail to render a decision on the
in circumstances.
petition, then the regional superintenContesting the Final Decision
dent of the educational service region
where the hearing was held will enter
an order denying the petition and pro-
The final decision51 is classified
vide notice of the decision. Thus, it is
as an administrative decision. This de-
important for the boards to render a de-
cision is now under the rules of admin-
cision, otherwise it is automatically de-
istrative review law and is subject to
nied. If they do render a decision within
judicial review by the local circuit court.
30 days, they will provide notice of its
The reviewing court is not to make find-
49
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Illinois State School Law Quarterly
Vol. 19, No. 2, Winter, 1998, pp. 41-80
ings of fact, but is to ensure that proper
sion upon the matter.
procedures were followed and there is a
Petitioners that filed an unsuc-
supportable decision.52
cessful petition for annexation or de-
Any resident who appeared at the
tachment may not file another petition
hearing, any petitioner, or any board of
two years from the date of the final de-
education the decision affects can file a
cision. There are two ways to circum-
complaint within 35 days with the cir-
vent this rule: (1) if the new petition is
cuit court to review the decision. This
substantially different from the one pre-
will also act as a stay upon the final de-
viously filed, and (2) if the school dis-
cision until the court resolves the mat-
trict involved is placed on the academic
ter.53 Thus, if the decision upon the pe-
or financial watch list.57 In determin-
tition is under review by the court, then
ing if a petition is substantially differ-
all school district boundaries remain un-
ent than an earlier petition, several cri-
changed, and no move forward may be
teria are considered — the geographic
taken on the petitioners’ request regard-
area involved, the identity of the peti-
less of the regional board of school trust-
tioners, similarity of supporting evi-
ees’ decision.54
dence, and length of time between filings.58
The boundary change caused by
the annexation of territory or by the cre-
Effective Date of Change
ation of a new district may be contested
only if it is done so within two years.55
This is two years from the order com-
In case a petition is filed for a
manding the change, two years from the
boundary change after August 1 and the
election of the change if no proceedings
petition is granted, the election for a new
were started to contest the change, or two
school board will take place after the
years from the date of final disposition
time for appeal has passed. Yet, the
if the election was contested.56 The dif-
change in administration of the schools
ficult part is to determine when the two-
will take effect the following July 1 af-
year period actually begins, but it basi-
ter the petition was granted, and the
cally starts when there is a final deci-
school districts will operate as before.
Illinois State School Law Quarterly
50
If the petition was granted and the deci-
not affect the validity of the boundary
sion is now final, either through not seek-
changes that were made.62
ing administrative review or by a deci-
When the current school year
sion of the court, then the change in
has ended for an annexed school dis-
boundaries will immediately take place.
trict, the terms for school board mem-
Yet, this is also deceiving, because if the
bers and school directors end at this
petition is final between September 1 and
same time. The annexing school board
June 30, then the administration and at-
will now perform all the operations and
tendance at the school districts involved
duties for the annexed area, as well as
will not be affected until the following
receive all the assets and assume all the
July 1. These rules are in place to en-
obligations and bonded indebtedness of
sure that students will not be forced to
the annexed district. Thus, it is essen-
change districts in the middle of the
tial to calculate all the liabilities against
school year, and to ease the administra-
the prospective district to be annexed.63
tive changes that will take place.59 If a
Economic Matters
new district has been created, then the
regional superintendent for that area will
New financial accountings will
order elections to be held for the election of school board members.60
only be required if a new district was
Next, if the boundaries of a
created, but not when only a district’s
school district have changed and the de-
boundaries have changed. Yet, the dis-
cision is final, then the regional superin-
trict that is losing territory from the
tendent has 30 days to submit a map of
boundary change will not count the av-
the changes to the county clerk. This
erage daily attendance of its pupils in
might not seem important, but if it is not
its territory for reimbursement purposes
done, then the county clerk will be un-
the year before the effective date of
able to extend taxes to the correct prop-
change. The annexing district should
erties, which could result in the school
count the average daily attendance for
district getting less money than it is en-
that territory, during that same year for
titled.61 Yet, a failure to file the map will
its reimbursement purposes for the
51
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Illinois State School Law Quarterly
Vol. 19, No. 2, Winter, 1998, pp. 41-80
school year following the effective date
nearly doubled from 1,159,164 in 1945
of change.64
to a current enrollment of approximately
Lastly, when the county collectors
1,995,300 in the 1997-98 school year.66
have possession of school funds that have
Yet, over those same years, the number
accumulated after a district reorganiza-
of school districts has plummeted from
tion, and these funds have not been dis-
11,784 to a current number just under
tributed for three years, then the funds
900. 67
will be distributed to each reorganized
This dramatic decrease in the
district which lies in whole or in part of
number of districts has taken place
such a county. This is done by dividing
through unit school district formations,
the number of students of that county en-
combinations, and conversions. The
rolled in the reorganized district by the
reasoning is largely economic. In
total number of students from that county
today’s schools there is an increasing
enrolled in the schools. This is not very
need for more teachers, more programs,
common, for most funds will be distrib-
and increased technological resources.
uted before three years. Yet, it can oc-
Today, districts are better able to provide
cur, especially when the boundary change
these educational benefits by joining re-
was contested.65
sources and making larger districts; thus,
the day of the one room school house is
long gone. This trend is likely to con-
II. District Reorganization
tinue, especially in light of the recent
In addition to boundary changes,
passage of HB 452, which makes it fi-
the Illinois School Code affords school
nancially conducive for school districts
districts the opportunity to form into a
to consolidate. Even though the number
new or different district. These provisions
of school districts has greatly decreased
will result in larger and more consoli-
in recent history, it is a trend likely to
dated school districts if recent history is
continue into the future. Therefore, it is
a guide. For instance, the number of
only prudent to review the three types
school children enrolled in Illinois el-
of district consolidation provided in the
ementary, middle, and high schools has
School Code: unit school district forma-
Illinois State School Law Quarterly
52
tion, district combination, and district
Yet, the regional or state superintendent
conversion.
will only approve the new district if a
number of requirements are met —
Unit School District Formation
there must be a compelling reason to
grant the petition, the territory involved
For a unit school district to be
cannot be part of another possible for-
formed, the territory for the proposed
mation which does meet the require-
district must have an equalized assessed
ments, the new district will not hinder
value of at least $12,000,000, and a
the ultimate formation into a district
population between 4,000 and
which meets the requirements, the new
500,000.68 This community unit school
district is in the best interest of the pu-
district must have a territory that is com-
pils, and it is financially beneficial to
pact and contiguous. The new district
the affected school districts.70
may come from several sources: (1) terSchool District Combination
ritory that is not currently part of any
unit district; (2) territory that is currently
a part of two or more entire unit school
A combined school district is
districts that are compact and contigu-
any district that results from combin-
ous to each other; or (3) territory that is
ing two or more elementary school dis-
from one or more unit school districts
tricts or two or more high school dis-
that are contiguous to each other, plus
tricts.71 The new district must be con-
an area compact and contiguous, but that
tiguous, have an equalized assessed
is not currently a part of any unit school
valuation of at least $5,000,000, and
district. Also, a unit district may be di-
have a population between 1,500 and
vided into two or more parts, which will
500,000.72 The state superintendent of
then become part of two or more com-
education may approve any petition,
munity unit school districts.69
which has been approved at an election.
A community unit school district
The petition originally comes from the
may be formed which does not meet the
boards of education of the affected
population or valuation requirements.
school districts or comes from ten per-
53
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Illinois State School Law Quarterly
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cent of the legal voters residing in each
ation of this entire area to an existing
district. The petition must be filed with
contiguous high school district.75
regional superintendent of the district
Summary
with the greater equalized assessed valuation.73
In this current economic climate,
School District Conversion
boundary change and district reorganization is a likely possibility for many Il-
A school district conversion
linois school districts. Consequently, it
takes place when two or more contigu-
is imperative that all school administra-
ous unit school districts, or when one or
tors be prepared to respond should this
more unit school districts and one or
occur. This includes understanding the
more high school districts, which are all
potential types of boundary change and
contiguous, dissolve. Then, they form a
district reorganization as well as the de-
single new high school district and new
tailed procedures required to accomplish
elementary school districts, which are
them. Even though the Illinois School
based entirely within the dissolved dis-
Code is cumbersome when it comes to
tricts’ boundaries. This is only possible
providing clear procedures to implement
for districts with less than 600 pupils en-
these boundary and district alternatives,
rolled in grades 9 through 12, unless a
the prudent school administrator should
waiver is obtained from the state super-
have the knowledge to respond appro-
intendent of education. A waiver may
priately because of the tremendous im-
be granted when it will greatly increase
pact that a boundary or district change
the educational benefits to the affected
could ultimately have on the district.
pupils.74 Also, if a unit school district
Note
has less then 250 students enrolled in
grades 9 through 12, then it is possible
for the unit school district to be dis-
This article is not meant as a sub-
solved, and an elementary school district
stitute for the requirements specified in
to be formed from this, with the annex-
the statute. A local school attorney is the
Illinois State School Law Quarterly
54
best source of legal advice regarding the
9
specific situation of a particular school
1990).
Black’s Law Dictionary, 88 (6th ed.
district.
10
105 ILCS 5/7-11.
11
105 ILCS 5/7-1, 5/7-2 .
References
1
Public Act 90-548. One major provi-
sion of this law eliminated the weight-
12
ing formula for high school districts (105
county or a group of counties adminis-
ILCS 18-8).
tered for educational purposes by a re-
An educational service region is a
gional superintendent of schools and the
2
3
35 ILCS 200/18-190 - 18/245.
regional board of school trustees.
105 ILCS 5/7, 5/7A, 11/A, 11/B, &
13
105 ILCS 5/7-1.
14
Id.
15
The regional board of school trustees
11/D.
4
5
105 ILCS 5/32-1 – 5/32-7.3.
Braun, B. A. (1998). Illinois School
is an elected membership from their re-
Law Survey (5th ed.). Springfield: Illi-
spective county(s), with no more than
nois Association of School Boards.
one person elected from the same township.
6
7
Id.
16
105 ILCS 5/7-2a(a).
17
105 ILCS 5/7-2a(b).
18
Id.
19
A petition is “a formal written appli-
For purposes of this article, the rarely
utilized boundary change enacted by division will not be discussed.
8
105 ILCS 5/7-04.
cation to a court [decision making body]
55
Vol. 19, No. 2, Winter, 1998, pp. 41-80
Illinois State School Law Quarterly
Vol. 19, No. 2, Winter, 1998, pp. 41-80
requesting judicial [official] action on a
certain matter.” Black’s Law Dictionary,
32
1145 (6th ed. 1990).
of DuPage County, 151 Ill.App.3d 465, 502
Betts v. Regional Bd. of School Trustees
N.E.2d 787 (2d Dist. 1986).
20
105 ILCS 5/7-2a(b).
33
105 ILCS 5/7-6(d).
Nov. 23, 1992.
34
105 ILCS 5/7-6(e).
22
105 ILCS 5/7-11.
35
105 ILCS 5/7-6(f).
23
Id.
36
105 ILCS 5/7-6(h).
24
105 ILCS 5/7-2a(b).
37
105 ILCS 5/7-6(i).
25
Id.
38
Board of Educ. of Community Unit School
21
Id. Amended by P.A. 87-1215, eff.
Dist. No 337 v. Board of Educ. Of Commu26
105 ILCS 5/7-4.
nity Unit School Dist. No. 338, 269
Ill.App.3d 1020, 647 N.E.2d 1019 (3d Dist.
27
1995), reh’g denied, 657 N.E.2d 616 (1995).
Streator Tp. High School Dist. No.
40 of La Salle and Livingston Counties
v. County Bd. Of School Trustees of Liv-
39
ingston County, 14 Ill.App.2d 251, 144
ees of the La Salle County Educational Ser-
N.E.2d 531 (2d Dist. 1957).
vice Region, 286 Ill.App.3d 220, 675 N.E.2d
28
105 ILCS 5/7-5.
966 (3d Dist. 1997).
29
105 ILCS 5/7-6(a).
40
105 ILCS 5/7-6(i).
30
105 ILCS 5/7-6(c).
41
105 ILCS 5/7-6(j).
31
Id.
42
105 ILCS 5/7-6(k).
Illinois State School Law Quarterly
56
Helmig v. Regional Bd. of School Trust-
919 (3d Dist. 1993).
43
Board of Ed. of Gardener School Dist.
53
No. 112, Peoria County v. County Bd.
105 ILCS 5/7-7.
of School Trustees of Peoria County, 83
Ill.App.2d 422, 227 N.E.2d 778 (3d
54
Dist. 1967).
No.
Board of Ed. of Golf School Dist.
67 v. Regional Bd. Of School Trustees
44
of Cook County, 89 Ill.2d 392, 433
105 ILCS 5/7-6(k).
N.E.2d 240 (1982).
45
46
47
48
105 ILCS 5/7-6(l).
55
105 ILCS 5/7-29.
56
Id.
57
105 ILCS 5/7-8.
Id.
105 ILCS 5/7-6(b).
105 ILCS 5/7-2 .
58
Helmig , 286 Ill.App.3d 220, 675
49
105 ILCS 5/7-6(m).
N.E.2d 966 (3d Dist. 1997).
50
105 ILCS 5/7-6(n).
59
105 ILCS 5/7-9.
60
105 ILCS 5/7-13.
61
105 ILCS 5/7-10.
51
The final decision is the decision ren-
dered by either the Regional Superintendent of the Educational Service Region, or the State Superintendent of
Education or the decision after a rehear62
ing was held.
School Directors of Union School
Dist. No. 4 v. School Directors of New
52
Union School Dist. No. 2, 135 Ill. 464,
Utica Grade School Dist. No. 135 v.
28 N.E. 49 (1891).
Skolek, 232 Ill.App.3d 278, 597 N.E2d
57
Vol. 19, No. 2, Winter, 1998, pp. 41-80
Illinois State School Law Quarterly
Vol. 19, No. 2, Winter, 1998, pp. 41-80
63
105 ILCS 5/7-12
Dr. Margaret A. Noe is a second year
64
105 ILCS 5/7-14A.
law student at the Southern Illinois
University College of Law.
65
105 ILCS 5/7-30.
Dr. Brad Colwell is an Assistant Pro-
66
Illinois State Board of Education
fessor in the Department of Educa-
(1998). This does not include four state-
tional Administration and Higher
operated school districts.
Education at Southern Illinois University, Carbondale, Illinois.
67
Id.
68
105 ILCS 5/11A-2
69
Id.
70
Id.
71
105 ILCS 5/11B-1
72
105 ILCS 5/11B-2
73
Id.
74
105 ILCS 5/11D-1
75
105 ILCS 5/7A-1
DUE PROCESS
Matthew J. Cate is a second year law
By: Thomas M. Melody, J.D.
student at the Southern Illinois University College of Law.
Illinois State School Law Quarterly
58