Illinois Compiled Statutes 105 ILCS 5/7-2.6 – At its organization meeting, the Hearing Board shall choose from its …
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At its organization meeting, the Hearing Board shall choose from its membership a chairman and a secretary. The secretary shall cause a copy of such petition to be sent to the president of the school board of each detaching or dissolving and annexing school district and shall cause a notice thereof to be published once in a newspaper having general circulation within the area of the detaching or dissolving and annexing territory described in the petition. The petitioners shall pay the expenses of publishing the notice and any transcript taken at the hearing and mailing the final order. In case of an appeal from the decision of the Hearing Board, the appellants shall pay the cost of preparing the record for appeal. The notice must state when the petition was filed, the description of the detaching territory or name of the dissolving district, the name of the annexing district, the prayer of the petition, and the day and time on and location in which the hearing upon the petition will be held, which may not be more than 30 nor less than 15 calendar days after the publication of notice. Any additional expense not enumerated above shall be borne equally by the school districts involved.
The Hearing Board shall hear the petition and determine the sufficiency thereof and may adjourn the hearing from time to time or continue the matter for want of sufficient notice or for other good cause. The Hearing Board (a) shall hear evidence as to the school needs and conditions of the territory in the area within and adjacent thereto, and as to the ability of the districts affected to meet the standards of recognition as prescribed by the State Board of Education, (b) shall take into consideration the division of funds and assets which will result from any change of boundaries, and the will of the people of the area affected, and (c) shall determine whether it is to the best interests of the schools of the area and the educational welfare of the pupils should such change in boundaries be granted.
The Hearing Board may administer oaths, determine the admissibility of evidence, and issue subpoenas for the attendance of witnesses and subpoena duces tecum for the production of documents. At the hearing, any resident in any detaching, dissolving, or annexing school district or any representative of a detaching, dissolving, or annexing school district may appear in person or by attorney in support of the petition or to object to the granting of the petition and may present evidence in support of his or her position through either oral or written testimony. At the conclusion of the hearing, the Hearing Board shall, within 30 days, enter an order either granting or denying the petition. The Hearing Board shall deliver a certified copy of the order by certified mail, return receipt requested, to the petitioners; the president of the school board of each detaching or dissolving and annexing district; any person providing testimony in support of or opposition to the petition at the hearing; any attorney who appears for any person; and the regional superintendent of schools who has supervision and control, as defined in Section 3-14.2 of this Code, of each detaching or dissolving and annexing district. The Hearing Board is not required to send a copy of the Hearing Board’s order to those attending the hearing but not participating. The final order shall be in writing and include findings of fact, conclusions of law, and the decision to grant or deny the petition.
Within 10 days after service of the certified copy of the order granting or denying the petition, any person so served may petition for rehearing. The petition for rehearing shall specify the reason for the request. The Hearing Board shall first determine whether there is sufficient cause for a rehearing. If so determined, then the Hearing Board shall allow the petition to be heard anew in its entirety in accordance with all procedures in this Section. The party requesting a rehearing shall pay the expenses of publishing the notice and of any transcript taken at the hearing. The filing of a petition for rehearing operates as a stay of enforcement until the Hearing Board enters its final order on that petition for rehearing.
The Hearing Board shall hear the petition and determine the sufficiency thereof and may adjourn the hearing from time to time or continue the matter for want of sufficient notice or for other good cause. The Hearing Board (a) shall hear evidence as to the school needs and conditions of the territory in the area within and adjacent thereto, and as to the ability of the districts affected to meet the standards of recognition as prescribed by the State Board of Education, (b) shall take into consideration the division of funds and assets which will result from any change of boundaries, and the will of the people of the area affected, and (c) shall determine whether it is to the best interests of the schools of the area and the educational welfare of the pupils should such change in boundaries be granted.
Terms Used In Illinois Compiled Statutes 105 ILCS 5/7-2.6
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- Subpoena duces tecum: A command to a witness to produce documents.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
The Hearing Board may administer oaths, determine the admissibility of evidence, and issue subpoenas for the attendance of witnesses and subpoena duces tecum for the production of documents. At the hearing, any resident in any detaching, dissolving, or annexing school district or any representative of a detaching, dissolving, or annexing school district may appear in person or by attorney in support of the petition or to object to the granting of the petition and may present evidence in support of his or her position through either oral or written testimony. At the conclusion of the hearing, the Hearing Board shall, within 30 days, enter an order either granting or denying the petition. The Hearing Board shall deliver a certified copy of the order by certified mail, return receipt requested, to the petitioners; the president of the school board of each detaching or dissolving and annexing district; any person providing testimony in support of or opposition to the petition at the hearing; any attorney who appears for any person; and the regional superintendent of schools who has supervision and control, as defined in Section 3-14.2 of this Code, of each detaching or dissolving and annexing district. The Hearing Board is not required to send a copy of the Hearing Board’s order to those attending the hearing but not participating. The final order shall be in writing and include findings of fact, conclusions of law, and the decision to grant or deny the petition.
Within 10 days after service of the certified copy of the order granting or denying the petition, any person so served may petition for rehearing. The petition for rehearing shall specify the reason for the request. The Hearing Board shall first determine whether there is sufficient cause for a rehearing. If so determined, then the Hearing Board shall allow the petition to be heard anew in its entirety in accordance with all procedures in this Section. The party requesting a rehearing shall pay the expenses of publishing the notice and of any transcript taken at the hearing. The filing of a petition for rehearing operates as a stay of enforcement until the Hearing Board enters its final order on that petition for rehearing.