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Illinois Compiled Statutes

105 ILCS 5/7-2b (2026)

Annexation of non-coterminous territory from an elementary or high school district

✓ current as of May 2026
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(105 ILCS 5/7-2b) (from Ch. 122, par. 7-2b)
    Sec. 7-2b. Annexation of non-coterminous territory from an elementary or high school district.
    (a) Any contiguous portion of a high school district that constitutes 5% or less of the equalized assessed value of the district and 5% or less of the territory of the district shall upon petition of two-thirds of the registered voters of the territory proposed to be detached and annexed be so detached and annexed by the regional board of school trustees if granting such petition shall make the affected segment of the boundaries of the high school district the territory is proposed to be annexed to identical, for the entirety of such affected segment, to the boundaries of the elementary school district in which the territory is located.
    Any contiguous portion of an elementary school district that constitutes 5% or less of the equalized assessed value of the district and 5% or less of the territory of the district shall upon petition of two-thirds of the registered voters of the territory proposed to be detached and annexed be so detached and annexed by the regional board of school trustees if granting such petition shall make the affected segment of the boundaries of the elementary school district the territory is proposed to be annexed to identical, for the entirety of such affected segment, to the boundaries of the high school district in which the territory is located.
    The regional board of school trustees shall have no authority or discretion to hear any evidence or consider any issues except those that may be necessary to determine whether the limitations and conditions of this Section have been met.
    No district may lose more than 5% of its equalized assessed value or more than 5% of its territory through petitions filed under this Section. If a petition seeks to detach territory that would result in a cumulative total of more than 5% of a district's equalized assessed value or more than 5% of the district's territory being detached under this Section, the petition shall be denied without prejudice to its being filed pursuant to Section 7-6 of this Code. Notwithstanding any other provision of this Section, this paragraph shall apply to any detachments effected pursuant to the provisions of this Section as they existed prior to the effective date of this amendatory Act of the 91st General Assembly.
    (b) At any time prior to the granting of the petition calling for the detachment and annexation of non-coterminous territory under this Section, the Committee of Ten designated in the petition may amend the petition to withdraw the detachment and annexation proposal and substitute in its place a proposal to require the school district from which the territory would have been detached to pay the per capita tuition costs for each pupil residing in the non-coterminous territory to attend the school district to which the territory would have been annexed. If such amended petition is granted, the school district from which the territory would have been detached shall pay to the school district to which the territory would have been annexed the per capita tuition costs as determined under Section 10-20.12a for each pupil residing in the territory who chooses to attend the school district to which the territory would have been annexed. Notwithstanding the provisions of Section 10-22.5, the school district to which the territory would have been annexed shall admit any pupil that resides in the non-coterminous territory and provide such pupils with any services of the school. The payment and collection of tuition and any other such matters as may need to be resolved shall be established by an intergovernmental agreement developed between the two affected school districts. Section 7-6 of this Code shall apply to petitions filed under this Section except as otherwise provided in this Section.
    The changes made by this amendatory Act of the 91st General Assembly shall not apply to petitions pending on the effective date of this amendatory Act of the 91st General Assembly.
(Source: P.A. 91-46, eff. 6-30-99.)

    
Notes of Decisions
Cited in 8 cases, 1995–2015 · leading case: Bd. of Educ., Joliet Tp. v. Bd. of Educ., 897 N.E.2d 756 (Ill. 2008).
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Bd. of Educ., Joliet Tp. v. Bd. of Educ., 897 N.E.2d 756 (Ill. 2008). · cites it 11× “210, pursuant to section 7-2b of the Illinois School Code (105 ILCS 5/7-2b (West 1998)). District 204 objected to the petition and argued inter alia that section 7-2b violates the Equal Educational Opportunities Act of 1974 (EEOA) (20 U.”
Rogers v. Desiderio, 655 N.E.2d 930 (Ill. App. Ct. 1995). · cites it 3× “MODIFIED ON DENIAL OF REHEARING Justice BRESLIN delivered the opinion of the court: The Regional Board of School Trustees of Will County (the Board) approved a petition filed under section 7-2b of the School Code (105 ILCS 5/7-2b (West Supp.1995)) for the detachment and…”
M.D. v. The Dep't of Child. & Fam. Servs., 2015 IL App (1st) 133901 (Ill. App. Ct. 2015). “The Ambrose court had before it primarily documentary evidence in the form of two maps (one from each party), as it was considering whether the plaintiffs met the contiguity requirement of section 7-2b of the School Code (105 ILCS 5/7-2b (West 1992)). Ambrose, 274 Ill.”
M.D. v. The Dep't of Child. & Fam. Servs., 2015 IL App (1st) 133901 (Ill. App. Ct. 2015). “The Ambrose court had before it primarily documentary evidence in the form of two maps (one from each party), as it was considering whether the plaintiffs met the contiguity requirement of section 7-2b of the School Code (105 ILCS 5/7-2b (West 1992)). Ambrose, 274 Ill.”
Jackson v. Cook Co. Bd. of Sch. Trust., 667 N.E.2d 1335 (Ill. App. Ct. 1996). · cites it 3× “*1337 On appeal plaintiffs and Riverside-Brookfield argue: (1) the case should be remanded to the circuit court to determine the applicability of section 7-2b of the School Code (105 ILCS 5/7-2b (West 1992)), and (2) the "recusal" of one Regional Board member present at the…”
Bd. of Educ. Dist. 204 v. Bd. of Educ. Dist. 210 (Ill. App. Ct. 2007). · cites it 5× “FACTS On July 17, 1998, petitioners Judy Jacobs, Terry Jacobs, Wilbur Brookman, and Maryann Brookman filed a petition pursuant to section 7-2b of the Illinois School Code (105 ILCS 5/7-2b 1 For purposes of this opinion, we will refer to the appellant, the Joliet Township Board…”
Comm. of Ten v. Bd. of Educ., 874 F. Supp. 200 (N.D. Ill. 1995). “Under the state statute in question, 105 ILCS 5/7-2b, the process of detaching a territory from one school district and annexing it to another requires that a petition be filed with a Regional Board of School Trustees.”
Matter of Petition to Detach Prop., 874 F. Supp. 200 (N.D. Ill. 1995). “Under the state statute in question, 105 ILCS 5/7-2b, the process of detaching a territory from one school district and annexing it to another requires that a petition be filed with a Regional Board of School Trustees.”
— 105 ILCS 5/7-2b(a) — 1 case
Bd. of Educ., Joliet Tp. v. Bd. of Educ., 897 N.E.2d 756 (Ill. 2008). “210, pursuant to section 7-2b of the Illinois School Code (105 ILCS 5/7-2b (West 1998)). District 204 objected to the petition and argued inter alia that section 7-2b violates the Equal Educational Opportunities Act of 1974 (EEOA) (20 U.”
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