97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2805

 

Introduced 1/18/2012, by Sen. David S. Luechtefeld

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-10  from Ch. 122, par. 10-10

    Amends the School Code. Makes a technical change in a Section concerning boards of education.


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A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
510-10 as follows:
 
6    (105 ILCS 5/10-10)  (from Ch. 122, par. 10-10)
7    Sec. 10-10. Board of education; Term; Vacancy. All school
8districts having a population of not fewer than 1,000 and and
9not more than 500,000 inhabitants, as ascertained by any
10special or general census, and not governed by special Acts,
11shall be governed by a board of education consisting of 7
12members, serving without compensation except as herein
13provided. Each member shall be elected for a term of 4 years
14for the initial members of the board of education of a combined
15school district to which that subsection applies. If 5 members
16are elected in 1983 pursuant to the extension of terms provided
17by law for transition to the consolidated election schedule
18under the general election law, 2 of those members shall be
19elected to serve terms of 2 years and 3 shall be elected to
20serve terms of 4 years; their successors shall serve for a 4
21year term. When the voters of a district have voted to elect
22members of the board of education for 6 year terms, as provided
23in Section 9-5, the terms of office of members of the board of

 

 

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1education of that district expire when their successors assume
2office but not later than 7 days after such election. If at the
3regular school election held in the first odd-numbered year
4after the determination to elect members for 6 year terms 2
5members are elected, they shall serve for a 6 year term; and of
6the members elected at the next regular school election 3 shall
7serve for a term of 6 years and 2 shall serve a term of 2 years.
8Thereafter members elected in such districts shall be elected
9to a 6 year term. If at the regular school election held in the
10first odd-numbered year after the determination to elect
11members for 6 year terms 3 members are elected, they shall
12serve for a 6 year term; and of the members elected at the next
13regular school election 2 shall serve for a term of 2 years and
142 shall serve for a term of 6 years. Thereafter members elected
15in such districts shall be elected to a 6 year term. If at the
16regular school election held in the first odd-numbered year
17after the determination to elect members for 6 year terms 4
18members are elected, 3 shall serve for a term of 6 years and
19one shall serve for a term of 2 years; and of the members
20elected at the next regular school election 2 shall serve for
21terms of 6 years and 2 shall serve for terms of 2 years.
22Thereafter members elected in such districts shall be elected
23to a 6 year term. If at the regular school election held in the
24first odd-numbered year after the determination to elect
25members for a 6 year term 5 members are elected, 3 shall serve
26for a term of 6 years and 2 shall serve for a term of 2 years;

 

 

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1and of the members elected at the next regular school election
22 shall serve for terms of 6 years and 2 shall serve for terms
3of 2 years. Thereafter members elected in such districts shall
4be elected to a 6 year term. An election for board members
5shall not be held in school districts which by consolidation,
6annexation or otherwise shall cease to exist as a school
7district within 6 months after the election date, and the term
8of all board members which would otherwise terminate shall be
9continued until such district shall cease to exist. Each
10member, on the date of his or her election, shall be a citizen
11of the United States of the age of 18 years or over, shall be a
12resident of the State and the territory of the district for at
13least one year immediately preceding his or her election, shall
14be a registered voter as provided in the general election law,
15shall not be a school trustee, and shall not be a child sex
16offender as defined in Section 11-9.3 of the Criminal Code of
171961. When the board of education is the successor of the
18school directors, all rights of property, and all rights
19regarding causes of action existing or vested in such
20directors, shall vest in it as fully as they were vested in the
21school directors. Terms of members are subject to Section 2A-54
22of the Election Code.
23    Nomination papers filed under this Section are not valid
24unless the candidate named therein files with the secretary of
25the board of education or with a person designated by the board
26to receive nominating petitions a receipt from the county clerk

 

 

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1showing that the candidate has filed a statement of economic
2interests as required by the Illinois Governmental Ethics Act.
3Such receipt shall be so filed either previously during the
4calendar year in which his nomination papers were filed or
5within the period for the filing of nomination papers in
6accordance with the general election law.
7    Whenever a vacancy occurs, the remaining members shall
8notify the regional superintendent of that vacancy within 5
9days after its occurrence and shall proceed to fill the vacancy
10until the next regular school election, at which election a
11successor shall be elected to serve the remainder of the
12unexpired term. However, if the vacancy occurs with less than
13868 days remaining in the term, or if the vacancy occurs less
14than 88 days before the next regularly scheduled election for
15this office then the person so appointed shall serve the
16remainder of the unexpired term, and no election to fill the
17vacancy shall be held. Should they fail so to act, within 45
18days after the vacancy occurs, the regional superintendent of
19schools under whose supervision and control the district is
20operating, as defined in Section 3-14.2 of this Act, shall
21within 30 days after the remaining members have failed to fill
22the vacancy, fill the vacancy as provided for herein. Upon the
23regional superintendent's failure to fill the vacancy, the
24vacancy shall be filled at the next regularly scheduled
25election. Whether elected or appointed by the remaining members
26or regional superintendent, the successor shall be an

 

 

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1inhabitant of the particular area from which his or her
2predecessor was elected if the residential requirements
3contained in Section 10-10.5 or 12-2 of this Code apply.
4    A board of education may appoint a student to the board to
5serve in an advisory capacity. The student member shall serve
6for a term as determined by the board. The board may not grant
7the student member any voting privileges, but shall consider
8the student member as an advisor. The student member may not
9participate in or attend any executive session of the board.
10(Source: P.A. 96-538, eff. 8-14-09.)