White v. Regional Board of School Trustees

385 N.E.2d 372, 67 Ill. App. 3d 1031, 24 Ill. Dec. 460, 1979 Ill. App. LEXIS 1982
CourtAppellate Court of Illinois
DecidedJanuary 26, 1979
DocketNo. 15095
StatusPublished
Cited by1 cases

This text of 385 N.E.2d 372 (White v. Regional Board of School Trustees) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
White v. Regional Board of School Trustees, 385 N.E.2d 372, 67 Ill. App. 3d 1031, 24 Ill. Dec. 460, 1979 Ill. App. LEXIS 1982 (Ill. Ct. App. 1979).

Opinions

Mr. JUSTICE MILLS

delivered the opinion of the court:

School detachment.

Regional board denied.

Circuit court allowed.

We reverse.

This case concerns a petition to detach 30 sections of Sidney Township from Community Unit School District No. 7 and attach to Homer Community Consolidated School District No. 208. The regional board of school trustees of Champaign County denied the petition, but on administrative ■ review, the circuit court reversed and ordered the detachment-annexation. The board, Unit 7, and the objectors to the petition appeal.

Following routine procedures, filings, and objections to the petition to detach, a public hearing was held before the regional board where considerable documentary and testimonial evidence was submitted. Thereafter, the board denied the petition and made a single finding of fact: “It is not to the best interests of the schools of the area nor the educational welfare of the pupils that would be served to grant the prayer of the petition.”

Administrative review was sought and, pursuant to stipulation, the court remanded the cause to the Board for further findings of fact. Additional specific findings by the board were subsequently filed with the circuit court. Following a final hearing, the court found that the regional board had abused its discretion, that its findings were contrary to the manifest weight of the evidence, reversed the board, and ordered the detachment-annexation.

This appeal essentially rides upon the visceral issue of whether the trial court erred in ruling that an accounting between the school districts was permitted under section 7 — 15 of the School Code. Because if an accounting is not allowed by the statute, then we need not address the secondary issue of whether the decision of the board was against the manifest weight of the evidence. This is so since the rejection of the detachment by the board was — in large measure — premised on its determination that no accounting of the funds and assets involved could occur under the law.

The circuit court ruled the other way. Let us see which was right.

Whether or not an accounting would be authorized as to the proposed boundary changes hinges on construction of section 7 — 15 which provides:

“Whenever a part of a district is included within the boundaries of a newly created district the county board of school trustees shall cause an accounting to be had between the districts affected by the change in boundaries as provided in Sections 7 — 16 to 7 — 26 of this Act, each inclusive; however, there shall be no accounting made after a mere change in boundaries when no new district is created.” (Emphasis added.) Ill. Rev. Stat. 1977, ch. 122, par. 7 — 15.

All parties agree that no new school district was created or contemplated by the proceedings involved here. The trial court found that the language “mere change in boundaries” meant an “insignificant” change in boundaries and, concluding that the change here proposed as a “significant” as opposed to an “insignificant” change, ruled that section did not preclude an accounting here. Objectors contend that the language of the statute is clear and unambiguous and that no construction thereof is necessary, asserting that the provision plainly prohibits accountings in cases where no new district is created. The regional board likewise contends that the plain language of section 7 — 15 prohibits an accounting as to the proposed boundary changes here, pointing to the plain meaning of the word “mere,” the legislative history, court decisions, and language of other related provisions of the School Code.

Plaintiffs, on the other hand, maintain that the language of the provision is ambiguous and when the terms are given their plain meaning in accordance with reaching just and equitable, rather than unjust and absurd, results, interpretation of section 7 — 15 permits an accounting. Furthermore, they urge that the prohibition of an accounting here would be contrary to the expressed underlying intent of the legislature in providing for changes in school district boundaries.

Let us analyze the merits of these diametric positions.

It is clear that if the language of section 7 — 15 is plain on its face, and there is no ambiguity, no construction thereof is needed. And we are fully aware of the fact that this court is required to apply that language as reflective of the legislature’s intent even if the results appear harsh.

Each party requests us to give the word “mere”, as contained in the phrase, its plain and ordinary meaning. Each asserts that the result would be consistent with its position. Defendants suggest that the word “only” be substituted for “mere” in section 7 — 15 while plaintiffs argue that “only” means “simply” and that the latter should be substituted for the word “mere.”

Taking defendants’ suggestion, the phrase becomes:

“[Hjowever, there shall be no accounting made after only a change in boundaries when no new district is created.”

Under plaintiffs’ argument, the phrase would read:

“[Hjowever, there shall be no accounting made after simply a change in boundaries when no new district is created.”

But, in our view, neither change indicates (as plaintiffs contend and the trial judge ruled) that “mere” was meant to imply “insignificant.” Both proffered changes support defendants’ argument.

The predecessor to present section 7 — 15 was section 4B — 13 of the School Code (Ill. Rev. Stat. 1953, ch. 122, par. 4B — 13) which provided:

“Whenever a part of a district is included within the boundaries of a newly created district the county board of school trustees shall cause an accounting to be had between the districts affected by the change in boundaries as provided in Sections 4B — 14 to 4B — 24, of this Act, each inclusive.”

Noteworthy is the fact that such section did not contain a phrase similar to the phrase in dispute here. The new phrase of reservation was added by amendment to the Code in 1955 (Ill. Ann. Stat., ch. 122, par. 7 — 15, Historical Note, at 267 (Smith-Hurd 1962)).

The substance of the predecessors to section 4B — 13 of the School Code (Ill. Rev. Stat. 1953, ch. 122, par. 4B — 13), was substantially the same as that we have quoted. In Grant Park Community Unit District No. 6 v. County Board of School Trustees (1966), 68 Ill. App. 2d 199, 215 N.E.2d 307, the court was asked to review a decision ordering an accounting where no creation of a new district was involved. The action was based on section 4B — 13 of the School Code as in existence prior to the 1955 amendment. The court concluded that neither the statute, as it stood prior to the 1955 amendment, nor the public policy of the State, barred “an accounting after a mere change in boundaries when no new district was created.” (68 Ill. App.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
385 N.E.2d 372, 67 Ill. App. 3d 1031, 24 Ill. Dec. 460, 1979 Ill. App. LEXIS 1982, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-regional-board-of-school-trustees-illappct-1979.