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Full Text of SB1945  100th General Assembly

SB1945 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1945

 

Introduced 2/10/2017, by Sen. Jil Tracy

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-5  from Ch. 122, par. 10-5
105 ILCS 5/10-13  from Ch. 122, par. 10-13
105 ILCS 5/10-13.1  from Ch. 122, par. 10-13.1
105 ILCS 5/10-14  from Ch. 122, par. 10-14
105 ILCS 5/10-16  from Ch. 122, par. 10-16
110 ILCS 805/3-8  from Ch. 122, par. 103-8

    Amends the School Code and the Public Community College Act. With respect to school boards of school districts and boards of trustees of community college districts, provides that officers are subject to removal by a majority vote of all the board members and, in case of removal or where a vacancy otherwise occurs in any of the offices, the board shall appoint or elect a successor to fill the vacancy. Effective immediately.


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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 Sections
510-5, 10-13, 10-13.1, 10-14, and 10-16 as follows:
 
6    (105 ILCS 5/10-5)  (from Ch. 122, par. 10-5)
7    Sec. 10-5. Organization of board - Report to treasurer and
8regional superintendent of schools. Within 28 days after the
9regular election of directors, the directors shall meet and
10organize by appointing one of their number president and
11another as clerk, except that when directors are elected at the
12consolidated elections in April of 1999 and April of 2001, the
13directors shall meet and organize, in the manner provided by
14this Section, within 7 days after the first Tuesday after the
15first Monday of November in each of those 2 years. The clerk
16shall at once report to the treasurer and regional
17superintendent of schools the names of the president and clerk
18so appointed. The president and clerk are subject to removal by
19a majority vote of all the directors and, in case of removal or
20where a vacancy otherwise occurs in either of the offices, the
21board of school directors shall appoint a successor to fill the
22vacancy. Upon organizing itself as provided in this Section,
23the board of school directors shall enter upon the discharge of

 

 

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1its duties. Terms of members are subject to Section 2A-54 of
2the Election Code, except as otherwise limited by subsection
3(c) of Section 10-4.
4(Source: P.A. 93-847, eff. 7-30-04.)
 
5    (105 ILCS 5/10-13)  (from Ch. 122, par. 10-13)
6    Sec. 10-13. President of board of education. The president
7of the board of education shall be elected by the members
8thereof from among their number and serve for 2 years, except
9that the board by resolution may establish a policy for the
10term of office to be one year. The president is subject to
11removal by a majority vote of all the members.
12    He shall preside at all meetings and shall perform such
13duties as are imposed upon him by law or by action of the board
14of education. If he is absent from any meeting or refuses to
15perform his duties, a president pro tempore shall be appointed.
16The vice-president of the board, if the board elects such
17officer, shall be appointed the president pro tempore.
18(Source: P.A. 84-497.)
 
19    (105 ILCS 5/10-13.1)  (from Ch. 122, par. 10-13.1)
20    Sec. 10-13.1. Vice-President of the board of education. A
21vice-president of the board of education shall be elected by
22the members thereof from among their number and serve for 2
23years, except that the board by resolution may establish a
24policy for the term of office to be one year. The

 

 

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1vice-president is subject to removal by a majority vote of all
2the members and, in case of removal or where a vacancy
3otherwise occurs in the office, the board shall elect a
4successor to fill the vacancy.
5    The vice-president shall perform the duties of the
6president if there is a vacancy in the office of president or
7in case of the president's absence or inability to act, and
8other duties imposed upon him by the rules of the board.
9However, in the event of a permanent vacancy in the office of
10president, the board shall elect a successor to fill the
11vacancy of president.
12(Source: P.A. 85-839.)
 
13    (105 ILCS 5/10-14)  (from Ch. 122, par. 10-14)
14    Sec. 10-14. Secretary of board of education. The secretary
15of the board of education shall be elected by the board of
16education and may be a member thereof, who shall serve for 2
17years, except that the board by resolution may establish a
18policy for the term of office to be one year. The secretary is
19subject to removal by a majority vote of all the members and,
20in case of removal or where a vacancy otherwise occurs in the
21office, the board shall elect a successor to fill the vacancy.
22The secretary, if not a member of the board, may receive such
23compensation as shall be fixed by the board of education prior
24to the election of the secretary. If the secretary is a member
25of the board, he or she may receive such compensation not to

 

 

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1exceed $500 per year as shall be fixed by the board and may
2vote on all questions coming before the board.
3    He shall perform the duties usually pertaining to his
4office, or to the clerk of a board of directors, and such as
5are imposed on him by law, or by action of the board of
6education. If he is absent from any meeting or refuses to
7perform his duties, a secretary pro tempore who may but need
8not be a member of the board shall be appointed.
9(Source: P.A. 86-682.)
 
10    (105 ILCS 5/10-16)  (from Ch. 122, par. 10-16)
11    Sec. 10-16. Organization of Board. Within 28 days after the
12consolidated election, other than the consolidated elections
13in 1999 and 2001, the board shall organize by electing its
14officers and fixing a time and place for the regular meetings.
15However, when school board members are elected at the
16consolidated elections held in April of 1999 and April of 2001,
17the board shall organize within 7 days after the first Tuesday
18after the first Monday of November in each such year by
19electing officers and setting the time and place of the regular
20meetings. Upon organizing itself as provided in this paragraph,
21the board shall enter upon the discharge of its duties.
22    The regional superintendent of schools having supervision
23and control, as provided in Section 3-14.2, of a new school
24district that is governed by the School Code and formed on or
25after the effective date of this amendatory Act of 1998 shall

 

 

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1convene the newly elected board within 7 days after the
2election of the board of education of that district, whereupon
3the board shall proceed to organize by electing one of their
4number as president and electing a secretary, who may or may
5not be a member. At such meeting the length of term of each of
6the members shall be determined by lot so that 4 shall serve
7for 4 years, and 3 for 2 years from the commencement of their
8terms; provided, however, if such members were not elected at
9the consolidated election in an odd-numbered year, such initial
10terms shall be extended to the consolidated election for school
11board members immediately following the expiration of the
12initial 4 or 2 year terms. The provisions of this paragraph
13that relate to the determination of terms by lot shall not
14apply to the initial members of the board of education of a
15combined school district who are to be elected to unstaggered
16terms.
17    The terms of the officers of a board of education shall be
18for 2 years, except that the terms of the officers elected at
19the organization meeting in November, 2001 shall expire at the
20organization meeting in April, 2003; provided that the board by
21resolution may establish a policy for the terms of office to be
22one year, and provide for the election of officers. Officers
23are subject to removal by a majority vote of all the members
24and, in case of removal or where a vacancy otherwise occurs in
25any of the offices, the board shall elect a successor to fill
26the vacancy, except as otherwise provided in Section 10-13.1 of

 

 

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1this Code.
2    Special meetings of the board of education may be called by
3the president or by any 3 members of the board by giving notice
4thereof in writing, stating the time, place and purpose of the
5meeting. Such notice may be served by mail 48 hours before such
6meeting or by personal service 24 hours before such meeting.
7Public notice of meetings must also be given as prescribed in
8Sections 2.02 and 2.03 of the Open Meetings Act, as now or
9hereafter amended.
10    At each regular and special meeting which is open to the
11public, members of the public and employees of the district
12shall be afforded time, subject to reasonable constraints, to
13comment to or ask questions of the board.
14    The president or district superintendent shall, at each
15regular board meeting, report any requests made of the district
16under provisions of the Freedom of Information Act and shall
17report the status of the district's response.
18(Source: P.A. 93-847, eff. 7-30-04; 94-1019, eff. 7-10-06.)
 
19    Section 10. The Public Community College Act is amended by
20changing Section 3-8 as follows:
 
21    (110 ILCS 805/3-8)  (from Ch. 122, par. 103-8)
22    Sec. 3-8. In this Section, "reasonable emergency" means any
23imminent need to maintain the operations or facilities of the
24community college district and that such need is due to

 

 

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1circumstances beyond the control of the board.
2    Following each election and canvass, the new board shall
3hold its organizational meeting on or before the 28th day after
4the election. If the election is the initial election ordered
5by the regional superintendent, the organizational meeting
6shall be convened by the regional superintendent, who shall
7preside over the meeting until the election for chairman, vice
8chairman and secretary of board is completed. At all other
9organizational meetings, the chairman of the board, or, in his
10or her absence, the president of the community college or
11acting chief executive officer of the college shall convene the
12new board, and conduct the election for chairman, vice chairman
13and secretary. The board shall then proceed with its
14organization under the newly elected board officers, and shall
15fix a time and place for its regular meetings. It shall then
16enter upon the discharge of its duties. Public notice of the
17schedule of regular meetings for the next calendar year, as set
18at the organizational meeting, must be given at the beginning
19of that calendar year. The terms of board office shall be 2
20years, except that the board by resolution may establish a
21policy for the terms of office to be one year, and provide for
22the election of officers for the remaining one year period.
23Officers are subject to removal by a majority vote of all the
24members and, in case of removal or where a vacancy otherwise
25occurs in any of the offices, the board shall elect a successor
26to fill the vacancy. Terms of members are subject to Section

 

 

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12A-54 of the Election Code.
2    Beginning 45 days prior to the Tuesday following the first
3Monday of April in odd-numbered years until the first
4organizational meeting of the new board, no addendum to modify
5or amend an employee agreement between a community college
6district and the district's president, chancellor, or chief
7executive officer may be agreed to or executed, nor may an
8employment contract be made and entered into between the board
9of an established community college district and a president,
10chancellor, or chief executive officer. If the current board
11must take such action at any time during the 45 days prior to
12the Tuesday following the first Monday of April in odd-numbered
13years until the first organizational meeting of the new board
14due to a reasonable emergency, then that action shall be
15terminated on the 60th day after the first organizational
16meeting, unless the new board, by resolution, reaffirms the
17agreed-upon addendum or new employment contract.
18    Special meetings of the board may be called by the chairman
19or by any 3 members of the board by giving notice thereof in
20writing stating the time, place and purpose of the meeting.
21Such notice may be served by mail 48 hours before the meeting
22or by personal service 24 hours before the meeting.
23    At each regular and special meeting which is open to the
24public, members of the public and employees of the community
25college district shall be afforded time, subject to reasonable
26constraints, to comment to or ask questions of the board.

 

 

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1(Source: P.A. 99-693, eff. 1-1-17.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.