Sec. 11E-40. Notice and petition amendments.

509 words·~2 min read·/il/chapter-105/act-5/11e-40

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(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.