110 ILCS 805/6-5.3
2021 Illinois Compiled Statutes|Chapter 110 - HIGHER EDUCATION|110 ILCS 805/ - Public Community College Act.|Article VI - Tuition; Annexation And Disconnection Of Territory; Taxation

 (from Ch. 122, par. 106-5.3)Sec. 6-5.3.         Any part of the territory included in one community college district  which is on the border of that district and the disconnection of which  will not destroy the contiguity of that district may be disconnected  from that district and annexed to another community college district to  which that territory is contiguous if (1) that disconnection and  annexation will make community college educational opportunities more  readily available to the residents of that territory and (2) the  disconnection from the community college district of which the territory  is presently a part will not reduce the population and equalized  assessed valuation of the remainder of that district below that required  for original organization.Subject to those conditions, a petition signed by 2/3 of the resident  voters of the territory may be filed with the appropriate regional superintendent  of the community  college district of which the territory is a part. The petition must  contain a description of the territory to be disconnected and annexed  and must petition for the disconnection thereof from one designated  community college district and for the annexation thereof to another  designated community college district. Upon the filing of such a  petition the regional superintendent shall submit the petition to the  State Board for review.Subject to those conditions, a petition signed by 1/5 or 500,  whichever is less, of the resident voters of the territory may be filed  with the appropriate regional superintendent who conducted the election for the  establishment of the community college district of which the territory  is a part. The petition must contain a description of the territory to  be disconnected and annexed and request that an election be called in  the territory described therein for the purpose of voting on the  proposition whether that territory shall be disconnected from one  designated community college district and annexed to another designated  community college district. Upon the filing of such a petition, the  regional superintendent shall submit the petition to the State Board for  review.Upon the receipt from a regional superintendent of a petition filed  with him under this Section and signed by 2/3 of the resident voters of  the territory described in the petition, the State Board shall notify  the board of the community college district affected by the petition of  the receipt of the petition and shall cause to be published in one or more  newspapers having a general circulation in the territory described in the  petition a notice stating that a petition has been filed for  certain described territory, stating the prayer of that petition and  that any persons wishing to object to the prayer of that petition must  file a petition signed by 10% or 25, whichever is less, of the resident  voters of that territory requesting a public hearing on such petition  with the State Board within 30 days of the publication of the notice. In  the event that there are no resident voters in the territory described  in the petition filed with the regional superintendent, then any  petition requesting a public hearing shall be signed by the owners of  25% or more of the area of that territory. If a petition requesting a  public hearing on the petition filed with the regional superintendent is  so filed, the State Board shall set that petition for hearing not sooner  than 10 nor more than 60 days from the date on which the petition for a  public hearing was filed and shall cause notice of the date, time and place  of the hearing to be published in one or more newspapers having a general  circulation in the territory described in the petition and the community  college district. On such day, or on a day to which the State Board continues  that hearing, the State Board or a hearing officer appointed by it shall  hear the petition and determine its sufficiency under this Article and may  adjourn the hearing from time to time or continue the matter for want of  sufficient notice or for other good cause. The State Board or a hearing  officer appointed by it shall hear any additional evidence as to the school  needs and conditions of the territory described in the petition and in the  area within and adjacent thereto. If a hearing officer is appointed he shall  report a summary of the testimony  to the State Board. At the hearing, any resident of the territory described  in the petition or any community district affected thereby may appear in  support of the petition or to object thereto. If on the basis of its own  study or at a public hearing the State Board  finds the petition to be insufficient it shall disapprove the petition.  If on the basis of its own study or at a public hearing the State Board  finds the petition to be sufficient it shall determine whether the prayer  of the petition is in the best interests of the schools in the general area  and the educational welfare of the students within the territory described  in the petition and shall either approve or  disapprove the petition. If the prayer of the petition is determined to  be in the best interests of the schools in the general area and the educational  welfare of the students within the territory described in the petition,  the State Board shall approve the petition.  If the State  Board disapproves the petition no further action shall be taken. If it  approves the petition the State Board shall direct the appropriate  regional superintendent to enter an order effecting the prayer of the  petition.Within 30 days after receipt of the direction from the State Board  the regional superintendent shall make and file with the State Board and  the county clerk of the county or counties concerned a map showing the  amended boundaries of the community college district.Upon the receipt from a regional superintendent of a petition filed  with him under this Section and signed by 1/5 or 500, whichever is  applicable, of the resident voters of the territory described in that  petition, the State Board shall notify the board of the community college  district affected by the petition of the receipt of the petition and shall  set the petition for hearing not sooner than 10 nor more than 60 days from  the date it was submitted by the regional superintendent and shall cause  notice of the filing of the petition and of the date, time and place of  the hearing to be published in one or more newspapers having a general circulation  in the territory described in that petition and in the community college  district. On such day, or on a day to which the State Board continues the  hearing, the State Board or a hearing officer appointed by it shall hear  the petition and determine its sufficiency under  this Article and may adjourn the hearing from time to time or continue the  matter for want of sufficient notice or for other good cause. The State  Board or a hearing officer appointed by it shall hear any additional evidence  as to the school needs and conditions of the territory described in the  petition and in the area within and adjacent thereto, and if a hearing officer  is appointed he shall report a summary of the testimony to the State Board.  At the hearing, any resident of the territory described in the petition  or any district affected thereby may appear in support of the petition or  to object thereto. If the State Board finds the petition to be insufficient  it shall disapprove the petition. If the State Board finds the petition  to be sufficient it shall determine whether the prayer of the petition is  in the best interests of the schools in the general area and the educational  welfare of the students within the territory and shall  either approve or disapprove the petition. If the prayer of the petition  is determined to be in the best interests of the schools in the general  area and the educational welfare of the students within the territory described  in the petition, the State Board shall approve the petition.  If the State Board disapproves the petition no further action shall be  taken. If it approves the petition, the State Board shall direct the  appropriate regional superintendent to certify the proposition to the  proper election authorities, who shall submit to the electorate, at a  regular scheduled election  in accordance with the general election law, the proposition  presented by the petition in  the territory described in the petition.The election shall be conducted in accordance with the general election  law. If a majority of the votes cast on the  proposition are in favor of  the proposition, the territory shall be changed accordingly. If the  proposition relates to 2 community college districts, immediately  following such favorable referendum, the regional superintendent  who certified the proposition for submission shall certify the results  of the election, along  with a copy of the ballot, the petition and the approval of the petition  by the State Board, to the appropriate regional superintendent  for the other community college district.  Within 30 days after the referendum the regional superintendent or  superintendent of schools shall make and file with the State Board and  the county clerk of the county or counties concerned a map or maps  showing the amended boundaries of the community college district or  districts.    (Source: P.A. 81-1489.)