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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
SCHOOLS (105 ILCS 5/) School Code. 105 ILCS 5/5-12 (105 ILCS 5/5-12) (from Ch. 122, par. 5-12) Sec. 5-12. (Repealed). (Source: P.A. 103-790, eff. 8-9-24. Repealed internally, eff. 8-9-24.) |
105 ILCS 5/5-13 (105 ILCS 5/5-13) (from Ch. 122, par. 5-13) Sec. 5-13. Term of office of trustees. In townships already organized, the school trustee shall be elected in each odd numbered year for a term of 6 years to succeed the trustee whose term expires in such odd numbered year. The first-elected trustees in a newly organized township shall at their first meeting cast lots for their respective terms of office, for 2, 4 and 6 years; and thereafter 1 trustee shall be elected in each odd-numbered year. This Section is inoperative on the effective date of this amendatory Act of the 103rd General Assembly. (Source: P.A. 103-790, eff. 8-9-24.) |
105 ILCS 5/5-14
(105 ILCS 5/5-14) (from Ch. 122, par. 5-14)
Sec. 5-14. Term of office of successors - Vacancies. Successors to the trustees whose terms of office expire at the time prescribed
in Section 5-13, and their successors, shall hold their offices for 6 years
and until their respective successors are elected and qualified. Trustees
of schools shall enter upon the duties of their office on the third Monday
of the month following their election.
Whenever a vacancy occurs, the remaining trustees shall fill the
vacancy until the next regular school election, at which election a
successor shall be elected to serve the remainder of the unexpired
term. However, if the vacancy occurs with less than 28 months remaining in
the term, or if the vacancy occurs less than 88 days before the next
regularly scheduled election for this office then the person so appointed
shall serve the remainder of the unexpired term, and no election to fill
the vacancy shall be held. The successor shall have the same residential
qualifications as his predecessor. Should they fail so to act, within 30
days after the vacancy occurs, the regional superintendent of the region in
which the township lies, or if the township is divided by a county line or
lines, the regional superintendent of the region in which a majority of the
children, who reside in districts subject to the jurisdiction of the
trustees of schools of such township, attend school, shall within 15 days after the
remaining trustees have failed to fill the vacancy, fill the vacancy as
provided for herein. The successor shall have the same type of residential
qualifications as his predecessor.
(Source: P.A. 93-847, eff. 7-30-04.)
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105 ILCS 5/5-15
(105 ILCS 5/5-15) (from Ch. 122, par. 5-15)
Sec. 5-15.
Organization.
Within 10 days following commencement
of their terms, the trustees
shall organize by appointing 1 of their number president, who shall hold
his office for 2 years. The president shall preside at all meetings of the
board and shall sign the proceedings thereof when recorded. If the president
is absent from any meeting, or refuses to perform any of the duties of his
office, a president pro tempore may be appointed. The president may be removed
by the trustees of schools for sufficient cause.
(Source: P.A. 81-1490.)
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105 ILCS 5/5-16 (105 ILCS 5/5-16) (from Ch. 122, par. 5-16) Sec. 5-16. Meetings - Quorum. The trustees of school shall hold regular meetings on the first Monday of each calendar quarter or if such Monday falls on a holiday, then on the following Monday. Special meetings may be called at any time by the president or by a majority of the members. A majority of the members shall constitute a quorum for the transaction of business. (Source: P.A. 103-790, eff. 8-9-24.) |
105 ILCS 5/5-17
(105 ILCS 5/5-17) (from Ch. 122, par. 5-17)
Sec. 5-17. Payment of claims - Apportionment and distribution of
funds. At the regular meetings, the trustees shall appropriate and pay
from the income of the permanent township fund, if it is sufficient, all
valid claims for the following:
1. The compensation of the treasurer.
2. The cost of publishing the annual statement.
3. The cost of a record book, if any.
4. The cost of dividing school lands and making | |
If the income of the permanent township fund is not sufficient to
meet such items the additional amount needed may be taken from the total
of other funds subject to distribution, each district -- exclusive of
any district which has withdrawn from the jurisdiction and authority of the
trustees of schools of the township and which has elected or appointed its
own school treasurer as provided in subsection (b) of Section
5-1 -- being charged as its share of such items the proportion which the
amount of school funds of the district handled by the township treasurer
bears to the total amount of all school funds handled by such treasurer.
In Class II county school units (excluding therefrom, however, any
township therein in which the offices of township treasurer and trustee of
schools have been abolished as provided in subsection (c) of Section 5-1)
if any balance of the income from the
permanent township fund in any township remains after paying such items,
such balance shall be apportioned and distributed to the districts and
parts of districts in the township -- including any district which has
withdrawn from the jurisdiction and authority of the trustees of schools of
the township and which has elected or appointed its own school treasurer as
provided in subsection (b) of Section 5-1 -- in which schools
have been kept as required by law during the preceding year ending June 30,
according to the number of pupils in average daily attendance in grades one to
eight inclusive. At the
semi-annual meetings in all such townships all remaining funds subject
to distribution shall be apportioned and distributed to the districts
and parts of districts in the township in which schools have been kept
as required by law during the preceding year ending June 30, in the
manner and subject to the limitations prescribed in Sections 18-2
through 18-11 for the distribution of the common school fund among the
counties, provided that -- except for any balance of the income from the
permanent township fund remaining after payment of the items set forth in
subparagraphs 1, 2, 3 and 4 of this Section -- no funds shall be
apportioned or distributed to any school district which has withdrawn from
the jurisdiction and authority of the trustees of schools and appointed its
own school treasurer pursuant to Section 5-1; and the trustees shall
direct the treasurer to make a regular monthly apportionment and
distribution between semi-annual meetings, in the manner prescribed by
those sections, of any available funds on hand from the common school fund.
The funds distributed shall be credited to the respective districts and
parts of districts.
In Class I county school units and in any township forming a part of
a Class II county school unit in which township the offices of township
treasurer and trustee of schools have been abolished as provided in
subsection (c) of Section 5-1, if any balance of income from the
permanent township fund in any township remains after paying such items,
such balance or a part thereof equal to but not greater than the then
current tax levy or tax levies for common school purposes by all the
school districts or parts of school districts in said township on
property in said township in process of collection in the county wherein
the township having such fund is located, shall, upon an order drawn by
the treasurer and signed by the president and secretary of the township land
commissioners or regional board of school trustees, be paid annually on
or before February 1 to the County
Treasurer of the county in which such township is situated. It shall
then be the duty of the County Treasurer to apply and credit the sum so
received upon all tax bills for school purposes of the taxpayers in the
township, said sum to be applied and credited proportionately upon the
basis of the value of assessed property represented by each such tax
bill. Any sum received by the County Treasurer in excess of the amount
required to discharge in full the amount of all taxes for school
purposes so extended against taxable property within the township shall
be held by the County Treasurer and applied to taxes subsequently
extended for such purposes: Provided, that if a petition, signed by at
least 5% of the legal voters of the township, is presented to the regional
superintendent of schools of the educational service region
in which the township is located
requesting a vote on the proposition that such balance of the income
from the permanent township fund shall be apportioned and distributed to
the districts and parts of districts in the township in which schools
have been kept as required by law during the preceding year ending June
30, according to the number of pupils in average daily attendance in
grades one to eight, inclusive, upon an order drawn by the treasurer and signed by the
president and secretary of the township land commissioners or regional
board of school trustees, to be paid annually
on or before February 1, the regional superintendent of schools shall certify
to the proper election authority the proposition for submission to the
voters of the township in accordance with the general election law.
The treasurer shall cause a copy of the order to be published in one or
more newspapers published in the county school unit within 10 days after
the order is drawn. If no newspaper is published in the county school unit,
the order shall be published in a newspaper having general circulation
within the county school unit. The publication of the order shall include a
notice of (1) the specific number of voters required to sign a petition
requesting that the proposition to apportion and distribute to the several
school districts the excess of the income from the permanent township fund
be submitted to the voters of the township; (2) the time within which
the petition must be filed; and
(3) the date of the prospective referendum. The treasurer shall provide a
petition form to any individual requesting one. If the proposition receives
a majority of the votes cast thereon, it shall supersede the preceding
provisions for the distribution of such balance.
(Source: P.A. 94-1105, eff. 6-1-07 .)
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105 ILCS 5/5-18
(105 ILCS 5/5-18) (from Ch. 122, par. 5-18)
Sec. 5-18.
Statements of conditions of schools.
Trustees of schools shall prepare, or cause to be prepared, by the
township treasurer, the directors or board members of the several
districts or other person, and forwarded to the regional
superintendent of
the region in which the township lies, on or before July 15 annually,
and at such other times as may be required by the regional superintendent
of schools or by the State Board of Education, a statement
exhibiting the condition of the schools subject to the jurisdiction and
authority of such trustees in the respective townships for
the preceding year, commencing on July 1 and ending June 30 which
statement shall be in the form, and shall contain the information
required by the State Board of Education. Any township from
which such report is not so received shall forfeit its portion of the
distributive fund for the next ensuing year.
(Source: P.A. 86-1441.)
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105 ILCS 5/5-19
(105 ILCS 5/5-19) (from Ch. 122, par. 5-19)
Sec. 5-19.
Township divided by county lines - Statistics and
information.
If a township is divided by a county line or lines, the trustees of
schools shall make, or cause to be made, separate enumerations of all
statistics and other information required by the State Board of Education,
and report them separately to the several regional
superintendents. All parts of such statistical information which cannot
practically be reported separately shall be reported to the regional
superintendent of the county in which the sixteenth section of such
township is situated.
(Source: P.A. 81-1508.)
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105 ILCS 5/5-20
(105 ILCS 5/5-20) (from Ch. 122, par. 5-20)
Sec. 5-20.
Examination of books, securities and effects - Accounts and
vouchers.
At each regular meeting, and at such other meetings as they may
think proper, the trustees of schools shall examine all books, notes,
mortgages, securities, papers, moneys and effects of the corporation,
and the accounts and vouchers of the township treasurer or other
township school officer, and shall make such order for their security,
preservation, collection, correction of errors, if any, and for their
proper disposition, as may be necessary.
(Source: P.A. 81-338.)
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105 ILCS 5/5-21
(105 ILCS 5/5-21) (from Ch. 122, par. 5-21)
Sec. 5-21.
Gifts, grants, donations, legacies - Title to property.
The trustees of schools in townships in which that office has not been
abolished as provided in subsection (c) of Section 5-1 may receive any
gift, grant, donation or legacy made for the use of any school or library
or for any other school purpose within their jurisdiction. They are
invested in their corporate capacity with the title of all school buildings
and school sites, except as otherwise provided by clause (3) of subsection
(b) of Section 5-1 with respect to school districts which have withdrawn
from the jurisdiction and authority of the trustees of school. All
conveyances of real estate made to the trustees of schools shall be made to
them in their corporate name and to their successors in office. School
districts may take and convey title to real estate to be improved by
buildings or other structures for vocational or other educational training
of pupils as provided in Section 10-23.3. If legal title to the real estate
to be so improved for vocational or other educational training of pupils as
provided in Section 10-23.3 is not held by the school board of the school
district, the trustees of schools or
other school officials having legal title to those school sites or other
school
property shall convey to the school district the title to any such school
site
or other school property or portion thereof held for such district, to be
used as provided in Section 10-23.3, upon being presented with a resolution
adopted by at least 2/3 of the members of such board requesting such
conveyance.
If the trustees of schools for a township are no longer in existence,
the school district shall take and convey title to all school buildings and
school sites to be acquired within such township. If the trustees of
schools had previously taken title to a school building or a school site
and such trustees are no longer in existence, the school district shall by
operation of law automatically be vested with title to all school buildings
and school sites within such township and shall have authority to convey
title thereto.
(Source: P.A. 87-473; 88-155.)
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105 ILCS 5/5-22
(105 ILCS 5/5-22) (from Ch. 122, par. 5-22)
Sec. 5-22. Sales of school sites, buildings or other real estate. When, in the opinion of the school board, a school site, or portion
thereof, building, or site with building thereon or any other real
estate of the district has become unnecessary, unsuitable, or
inconvenient for a school or unnecessary for the uses of the district,
the school board, by a resolution adopted by at least two-thirds of the
board members, may sell or direct that the property be sold in the manner
provided
in the Local Government Property Transfer Act or in the manner
herein provided or, in the case of residential property constructed or renovated by students as part of a curricular program, may engage the services of a licensed real estate broker to sell the property for a commission not to exceed 7%, contingent on the public listing of the property on a multiple listing service for a minimum of 14 calendar days and the sale of the property within 120 days. Unless legal title to the land is held by the school
board, the school board shall forthwith notify the trustees of
schools or other school officials having legal title to such land of the
terms upon which they desire the property to be sold.
If the property is to be sold to another unit of local government or
school district, the school board, trustees of schools, or other school
officials
having legal title to the land shall proceed in the manner provided
in the Local Government Property Transfer Act. In all other cases, except if
the property is to be sold to a tenant that has leased the
property for 10 or more years and that tenant is a non-profit agency,
the school
board, trustees
of schools, or other school officials having legal title to the land shall,
within 60 days after adoption of the resolution (if the school board holds
legal title to the land), or within 60 days after the
trustees of school or other school officials having legal title receive the
notice (if the school board does not hold legal title to the land), sell the
property at public sale, by
auction or sealed bids, after first giving notice of the time, place, and terms
thereof by notice published once each week for 3 successive weeks prior to the
date of the sale if sale is by auction, or prior to the final date of
acceptance of bids if sale is by sealed bids, in a newspaper published in the
district or, if no such newspaper is published in the district, then in a
newspaper published in the county and having a general circulation in the
district; however, if territory containing a school site, building, or site
with building thereon, is detached from the school district of which it is a
part after proceedings have been commenced under this Section for the sale of
that school site, building, or site with building thereon, but before the sale
is held, then the school board, trustees of schools, or other school
officials having legal title shall not advertise or sell that
school site, building, or site with building thereon, pursuant to those
proceedings. The notices may be in the following form:
NOTICE OF SALE
Notice is hereby given that on (insert date), the (here insert title of the school board, trustees of school, or
other school officials holding legal title) of (county)
(Township No. ...., Range No. .... P.M. ....) will sell at public sale (use
applicable alternative) (at ......... (state location of sale which shall
be within the district), at .... ..M.,) (by taking sealed bids which shall be
accepted until .... ..M., on (insert date), at (here insert location where bids will be accepted which shall be
within the district) which bids will be opened at .... ..M. on (insert
date) at (here insert location where bids
will be opened which shall be within the district)) the following described
property: (here describe the property), which sale will be made on the
following terms to-wit: (here insert terms of sale)
....
....
....
(Here insert title of school
officials holding legal title)
For purposes of determining "terms of sale" under this Section, the General
Assembly declares by this clarifying and amendatory Act of 1983 that "terms
of sale" are not limited to sales for cash only but include contracts for
deed, mortgages, and such other seller financed terms as may be specified
by the school board.
If a school board specifies a reasonable minimum selling price and that
price is not met or if no bids are received, the school board may adopt a
resolution determining or directing that the services
of
a licensed real estate broker be engaged to sell the property for a
commission not to exceed 7%,
contingent on the sale of the property within 120 days. If legal title to the
property is not held by the school board,
the trustees of schools or other school officials having legal title shall,
upon receipt of the resolution, engage the services of a licensed real estate
broker as directed in the resolution.
The board may accept a written offer equal to or greater than the established
minimum selling price for the described property. The services of a licensed
real estate broker may be utilized to seek a buyer. If the board lowers the
minimum selling price on the described property, the public sale procedures set
forth in this Section must be followed. The board may raise the minimum selling
price without repeating the public sale procedures.
In the case of a sale of property to a tenant that has leased the
property for 10 or more years and that is a non-profit agency, an
appraisal is required prior to the sale. If the non-profit agency purchases
the property for less than the appraised value and subsequently sells the
property, the agency may retain only a percentage of the profits that is
proportional to the percentage of the appraisal,
plus any improvements made by the agency while the agency was the
owner,
that the agency paid in the initial sale.
The remaining portion of the profits made by the non-profit agency
shall revert to the school district.
The deed of conveyance shall be executed by the president and clerk
or secretary of the school board, trustees of schools, or other school
officials having legal title to the land, and the proceeds paid to the school
treasurer for the
benefit of the district. The school
board shall use the proceeds from the sale first to pay the principal
and interest on any outstanding bonds on the property being sold, and
after all such bonds have been retired, the remaining proceeds from the
sale next shall be used by the school board to meet any urgent district needs
as determined under Sections 2-3.12 and 17-2.11 and then for any other
authorized purpose and for deposit into any district fund. But whenever the
school board of any school district determines that any schoolhouse site with
or without a building thereon is of no further use to the district, and agrees
with the school board of any other school district within the boundaries of
which the site is situated, upon the sale thereof to that district, and agrees
upon the price to be paid therefor, and the site is selected by the purchasing
district in the manner required by law, then after the payment of the
compensation the school board, township trustees, or other school
officials having legal title
to the land of the schools shall, by proper instrument in writing, convey the
legal title of the site to the school board of the purchasing district, or to
the
trustees of schools for the use of the purchasing district, in accordance
with law. The provisions of this Section
shall not apply to any sale made pursuant to Section 5-23 or Section 5-24 or
Section 32-4.
(Source: P.A. 99-794, eff. 1-1-17; 100-963, eff. 1-1-19 .)
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105 ILCS 5/5-23
(105 ILCS 5/5-23) (from Ch. 122, par. 5-23)
Sec. 5-23.
Exchange of properties.
Whenever the school board, by a two-thirds majority of its members shall
find and declare the following propositions and shall cause to be recorded
in the Recorder's Office a certificate embodying such findings and
declarations duly signed by its president and attested by its secretary or
clerk, then said school board may cause the exchange of a present school
site or site with building thereon for a substitutional site without a
referendum approving such exchange. The above findings and declarations
shall establish the following: (1) That in the opinion of the school board
a school site or site with building thereon has become unsuitable or
inconvenient for a school; (2) that a substitutional school site has been
offered in exchange for the present site which is a suitable, convenient
and desirable site for a school and (3) that the value of the
substitutional site is equal to or exceeds the value of the present site
for which it is to be exchanged, the criterion of value to be that of a
fair market value. When such certificate has been recorded as aforesaid,
the school board shall transmit a copy of said certificate to the trustees
of schools or other school officials having legal title to such land and
shall request the execution of a deed of conveyance by the president and
clerk, or secretary, as the case may be, to be delivered upon the receipt
of a good and sufficient deed conveying to the trustees of schools or other
school officials entitled under the statute to hold legal title to lands in
the particular school district a good title to the substitutional site; and
such president and clerk, or secretary, as the case may be, shall comply
with such request. If the school board of a school district holds legal title
to any lands to be exchanged under this Section, the certificate shall be
recorded by the school board, and the deed of conveyance shall be executed by
the president and by the secretary or clerk of the school board, as the case
may be, and shall be delivered when a good and sufficient deed conveying the
legal title of the substitutional site to the school board is delivered to the
school board. The certificate provided for shall set forth an accurate
legal description of the present school site and of the substitutional site
offered as aforesaid.
(Source: P.A. 88-155.)
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105 ILCS 5/5-24
(105 ILCS 5/5-24) (from Ch. 122, par. 5-24)
Sec. 5-24.
Sale to another school district or municipality.
Whenever a petition is presented to the school board of a school district
requesting the sale of school grounds and buildings to another school district
or other municipality, which petition is signed by 10%
of the voters of the district, the school board of the district shall adopt
a resolution for the sale of such school grounds and buildings, and fix
the price therefor, and shall thereupon order the secretary to certify
to the proper election authorities the proposition for submission to the
voters of the district in accordance
with the general election law; and if a majority of the votes cast
upon the proposition are in favor of the sale, then
the school board, trustees of schools of the township in which the school
district
is located, or other school officials having legal title shall convey by
its president and clerk or secretary, upon receipt of the purchase price,
the property so to be sold; and the purchase price thereof shall be placed
with the proper treasurer for the benefit of the school district so selling
the property. The proposition shall be substantially in the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall School District Number ...., of.... County, Illinois, YES sell to School District Number...., (or other municipality) - - - - - - - - - - - - - - - - - - - - - - - - -
of.... County, Illinois, the following described property (here describe the ground) NO for the sum of.... Dollars? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(Source: P.A. 88-155 .)
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105 ILCS 5/5-25
(105 ILCS 5/5-25) (from Ch. 122, par. 5-25)
Sec. 5-25.
Moneys
paid to treasurer.
The trustees of schools or township land commissioners shall cause all
moneys for the use of the school districts to be paid to the proper
treasurer thereof.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/5-26
(105 ILCS 5/5-26) (from Ch. 122, par. 5-26)
Sec. 5-26.
Purchase of real estate in satisfaction of judgment.
The trustees of schools or township land commissioners may purchase
real estate in satisfaction of any judgment in any action
wherein the trustees or township land commissioners or the county
superintendent of schools are parties, if, in their opinion the
interests of the township fund will be promoted thereby.
(Source: P.A. 79-1366.)
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105 ILCS 5/5-27
(105 ILCS 5/5-27) (from Ch. 122, par. 5-27)
Sec. 5-27.
Compromise, settlements and cancellations.
The trustees of schools or township land commissioners may: make all
settlements with persons indebted to them in their official capacity;
receive deeds to real estate in compromise; and may cancel notes, bonds,
mortgages, and judgments for the benefit of any school township or
district.
(Source: P.A. 84-452.)
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105 ILCS 5/5-28
(105 ILCS 5/5-28) (from Ch. 122, par. 5-28)
Sec. 5-28. Lease or sale of lands. The trustees of schools or township land commissioners may lease or sell
any lands that come into their possession in the manner described in
Sections 5-26 or 5-27. When in their opinion it is to the best interest
of the schools of the township or district interested in any such lands
that they be sold, the trustees shall adopt a resolution to such effect and
in such resolution shall specify the time, place and terms of sale. The
sale shall be at public auction and the trustees shall give notice thereof
by publishing notice once each week for three successive weeks prior to the
date of the sale in a newspaper published in the township to which the real
estate belongs, and if the lands to be sold lie outside of the township to
which they belong then such notice is to be published as herein provided in
a newspaper published in the township in which the land lies or, if no such
newspaper is published either in the township where the real estate belongs
or in the township where the land lies, then in a newspaper published in
the county and having a general circulation in the township affected. The
notices shall describe the property and state the time, place and terms of
the sale. The trustees have the right to reject any and all bids. Upon the
sale being made, deed of conveyance shall be executed by the president and
clerk of the trustees and the proceeds shall be paid to the township
treasurer for the benefit of the township or the district interested in the
lands.
(Source: P.A. 100-963, eff. 1-1-19 .)
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105 ILCS 5/5-29
(105 ILCS 5/5-29) (from Ch. 122, par. 5-29)
Sec. 5-29.
Sale
of school land for roads.
Whenever the State, county, city, village, incorporated town, township
or road district authorities lay out a new road, street or highway, or
alter, widen or relocate existing roads, streets or highways, and for such
purposes require lands used for school sites, or land owned for school
purposes, the trustees of schools or school officials having legal title to
such lands have the power, with the consent of the school board of the
district, to sell and convey to the State, county, city, village,
incorporated town, township or road district the land required for such
purposes, or may dedicate to public use for street and highway purposes as
much of said school land as may be necessary to open, extend, alter, widen
or relocate any street or highway which may be required by the municipal
authorities to be opened, extended, altered, widened or relocated, if they
are of the opinion that the benefit to accrue for the opening, extending,
altering, widening or relocating of such street or highway will compensate
for the strip so dedicated.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/5-30
(105 ILCS 5/5-30) (from Ch. 122, par. 5-30)
Sec. 5-30.
Easements.
The trustees of schools or other school officials having legal title to
school sites or land owned for school purposes shall have the power, with
the consent of the school board of the district wherein the lands are
located, to grant temporary or permanent easements for sewer, water
drainage or utility purposes to municipalities, corporations or persons on
such terms as the school board may determine.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/5-31
(105 ILCS 5/5-31) (from Ch. 122, par. 5-31)
Sec. 5-31.
Division of township into districts - Territory taken from special
charter district. The trustees of schools in newly organized townships shall
divide the township into school districts to suit the wishes or convenience
of a majority of the inhabitants of the township, and shall prepare or cause
to be prepared a map of the township, on which the district or districts
shall be designated by their respective numbers. The trustees of schools
shall also cause any territory taken from a school district acting under
a special charter to be formed and established into a school district to
be governed under such general school laws of the State within thirty days
from the time such territory is taken from the district acting under a special
charter; and the trustees shall order an election for the purpose of electing
directors for such district and shall certify such offices
within ten days after the organization thereof. The first election shall
be held at the next regular election for school district officers, and until
the directors elected at that time take office, the Regional Superintendent
may fill the office by appointment. If such territory has not sufficient
inhabitants and children to establish and maintain a school, the trustees
may annex it to an adjoining district or districts.
(Source: P.A. 81-1490.)
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105 ILCS 5/5-32
(105 ILCS 5/5-32) (from Ch. 122, par. 5-32)
Sec. 5-32. Failure to maintain schools - Transportation and tuition. If any school district other than a non-high school district shall for 1
year fail to maintain within the boundaries of the school district a
recognized public school as required by law, such district shall become
automatically dissolved and the property and territory of such district
shall be disposed of in the manner provided for the disposal of
territory and property in Section 7-11 of this Act. However, a school
district shall not be dissolved where the State Board of Education and the
regional superintendent of the region in which a
district has legally authorized the building of a school and legally
selected a school house site and has issued bonds for such building
shall jointly find and certify that such building has been authorized,
site selected and bonds issued.
If a district has its territory included within a petition to form a
community unit district under Article 11E of this Code, that district may
not be dissolved under this Section until the end of the school year in
which all proceedings relating to formation of that community unit
district are finally concluded, whether by disallowance of the petition,
by referendum, by a final court decision or otherwise. Until such
proceedings are finally concluded, the regional superintendent having
jurisdiction of the district that is not maintaining a recognized school
shall assign the pupils of that district to an adjoining school
district, subject to the
requirement that the district from which the pupils are so assigned
shall pay tuition for such pupils to the district to which the pupils
are assigned, in accordance with Section 10-20.12a of this Act or in
such lesser amount as may be agreed to by the 2 districts.
However, until July 1, 1969 or one year after the entry of a final
decision by a court of competent jurisdiction in the event of litigation
with respect to any of the matters set forth in this Section, whichever
is the later, notwithstanding the provisions of this Section, any
protectorate high school district composed of contiguous and compact
territory having not less than 2,000 inhabitants and which has an
equalized assessed valuation of not less than $6,000,000, shall be and
remain a protectorate high school district if a majority of the pupils
attend a high school in a special charter district maintaining grades 1
through 12 and if during that period the voters of the district, by
referendum to be ordered by the board, vote in favor of the proposition that
such district maintain and operate a high school within such district,
and also authorize the purchase of a school site, the building of a
school building and the issuance of bonds for such purpose, which bonds
are duly issued. The Board shall certify the proposition to the proper
election authorities for submission, in accordance with the general
election law.
The proposition to maintain and operate a high school within such
district shall be in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall ...................... High School District Number ......, YES ........... County, Illinois, maintain and operate a high school - - - - - - - - - - - - - - - - - - - - - - - - -
within that High School District and for the benefit NO of the pupils residing therein? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
and is approved if a majority of the voters voting on the proposition is
in favor thereof. The proposition of purchasing a school site, the
building of a school building and the issuance of bonds for such purpose
shall be submitted to the voters and may be voted upon at the same election
that the proposition of maintaining and operating a high school within the
district is submitted or at any regularly scheduled election subsequent
thereto as may be
ordered by the board. Thereupon, that protectorate high school
district shall thereafter exist as a community high school district and
possess and enjoy all of the powers, duties and authorities of a
community high school district under Article 12 of this Act.
Throughout its existence as a protectorate district and until the
legal voters residing in the district have determined to maintain and
operate a high school within the district and have been authorized to
purchase a school site, build a school building and to issue bonds for
such purpose and which bonds are duly issued, or until the dissolution
of the district as required by this Section, such protectorate district
may use its funds to pay for the tuition and transportation of the
pupils in such district that attend a high school in a special charter
district maintaining grades 1 through 12. A protectorate high school
district is defined to be a district which does not own or operate its
own school buildings.
(Source: P.A. 94-1019, eff. 7-10-06.)
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105 ILCS 5/5-34
(105 ILCS 5/5-34) (from Ch. 122, par. 5-34)
Sec. 5-34.
Evidence of indebtedness not in proper form-Securities insufficient-
Action taken.
When any county superintendent of schools notifies the trustees of
schools of a township, in writing, that the notes, bonds, mortgages or
other evidences of indebtedness which have been taken officially by the
township treasurer are not in proper form, or that securities which he has
taken are insufficient, the trustees shall at once take such action as may
be necessary to protect the property or fund of the township and the
district. For a failure or refusal to take such action within 20 days after
such notice the trustees of schools, each in his individual capacity, shall
be guilty of a petty offense and shall be liable to a fine of not less than
twenty-five nor more than one hundred dollars, to be recovered before any
circuit court, which when collected shall be paid to the county
superintendent of the proper county for the use of the schools. The payment
of this fine shall not relieve the trustees from any civil liability they
may have incurred from such neglect of duty.
(Source: P.A. 77-2267.)
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105 ILCS 5/5-35
(105 ILCS 5/5-35) (from Ch. 122, par. 5-35)
Sec. 5-35.
Liability of trustees for sufficiency of securities taken from township
treasurer.
Trustees of schools shall be liable, jointly and severally, for the
sufficiency of securities taken from township treasurers; and in case of
judgment against any treasurer and his sureties for or on account of any
default of such treasurer, on which the money is not made for want of
sufficient property whereon to levy for the enforcement of a judgment,
a civil action may be
maintained against the trustees, jointly and severally, and the amount not
collected on the judgment shall be recovered with costs of the action from such
trustees. If the trustees can show, satisfactorily, that the security taken
from the treasurer, was, at the time it was taken, sufficient, they shall
not be held liable.
(Source: P.A. 84-546.)
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105 ILCS 5/5-36
(105 ILCS 5/5-36) (from Ch. 122, par. 5-36)
Sec. 5-36.
Failure to follow law as to distribution when new district formed.
If the trustees of schools fail to observe the provisions of this Act in
reference to the distribution of funds and property when a new district is
formed, they shall be individually and jointly liable to the district
interested, in a civil action to the full amount of the damages sustained
by the district aggrieved.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/5-37
(105 ILCS 5/5-37) (from Ch. 122, par. 5-37)
Sec. 5-37.
Returns of children-Penalty for failure or false return.
Any trustee of schools who fails or refuses to make returns of children
in his township according to the provisions of this Act, or who knowingly
makes a false return thereof, is guilty of a petty offense and shall be
liable to a fine of not less than $10.00 nor more than $100.00, to be
recovered by an action before the circuit court of the county; which
penalty, when collected, shall be added to the distributive fund of the
township in which the trustee resides.
(Source: P.A. 77-2267.)
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105 ILCS 5/5-38 (105 ILCS 5/5-38) Sec. 5-38. Publication of information. (a) As used in this Section: "Accounting book value" means the value carried on the accounting records of the township school treasurer as of the last day of a calendar quarter. "Annual total compensation" means the total cost to taxpayers for the services of the identified individual during the most recently completed fiscal year. "Investment instrument" means an individual investment security as provided for under the Uniform Commercial Code or the aggregate value of all shares held in an individual investment fund or pooled account. "Investment rate of return" means: (1) for fixed interest-bearing securities, the stated | | or calculated annual interest rate; and
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| (2) for cash accounts and all other investment
| | instruments, the actual income earned during the previously ending quarter, multiplied by 4, then divided by the accounting book value, expressed as a percentage.
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| "Township school treasurer" means an individual hired by the trustees of schools to perform the statutory role of treasurer for school districts within the township.
(b) Trustees of schools in Class II county school units shall maintain an Internet website on which all of the following information shall be available for public viewing:
(1) The name, term of office, and means of public
| | contact for each trustee.
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| (2) The dates, times, and locations of all trustees
| | of schools meetings to be held during the current fiscal year.
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| (3) The agenda for each trustees of schools meeting,
| | posted at least 48 hours in advance of the meeting.
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| (4) The approved minutes of all trustees of schools
| | meetings held within the current and previous 2 fiscal years, posted no later than 100 days after the meeting date.
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| (5) The annual total compensation of each trustee and
| | township school treasurer, itemized by salary and wages, retirement contributions, insurance premiums, vehicle and mileage allowances, deferred compensation, all other compensation, and total compensation for each individual. The fiscal year for which the amounts apply shall also be reported.
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| (6) The address and contact information for the
| | township school treasurer's office.
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| (7) The audited financial statements for the prior 3
| | (8) The budget for the current fiscal year, posted no
| | later than September 30 of each year.
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| (9) Contracts in effect with a value over $25,000.
(10) Collective bargaining agreements in effect.
(c) Township school treasurers in Class II county school units shall submit to each school district that they serve, within 30 days after the end of each calendar quarter, an investments report that includes all of the following:
(1) A list of each cash account and investment
| | instrument held by the treasurer as of the last day of the calendar quarter and the accounting book value, investment rate of return, and maturity date, if any, of each.
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| (2) A copy of the trustees of schools investment
| | policy under which the township school treasurer operated during the quarter.
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(Source: P.A. 102-346, eff. 8-13-21.)
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105 ILCS 5/Art. 6
(105 ILCS 5/Art. 6 heading)
ARTICLE 6.
REGIONAL BOARD OF SCHOOL TRUSTEES
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105 ILCS 5/6-1
(105 ILCS 5/6-1) (from Ch. 122, par. 6-1)
Sec. 6-1.
Fractional townships of less than 200 persons.
Each congressional township is a township for school purposes. When a
fractional congressional township contains fewer than 200 persons under 21
years of age and has not heretofore been united with any township for
school purposes it is hereby attached for school purposes to the adjacent
congressional township having the longest territorial line bordering on
such fractional township and all the provisions of this Article shall apply
to such united townships the same as though they were one township.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/6-2
(105 ILCS 5/6-2) (from Ch. 122, par. 6-2)
Sec. 6-2. Regional board; creation; membership; abolition and
transfer of duties.
(a) There is created a regional board of school trustees for that territory
in each educational service region exclusive of any school district organized
under Article 34 and exclusive of any school district whose school board has
been given the powers of school trustees; provided that on the effective date
of this amendatory Act of 1992 the regional board of school trustees
theretofore created and existing for any territory in an educational service
region containing 2,000,000 or more inhabitants is abolished, the terms of
office of all members of the regional board of school trustees so abolished are
terminated on that effective date, and from and after that effective date all
rights, powers, duties, and responsibilities that were vested in or required by
law to be exercised and performed by the former regional board of school
trustees shall be vested in and exercised and performed by the successors to
the former regional board of school trustees as provided in subsection (b) of
this Section 6-2. Any school district whose board of education acts as a board
of school trustees shall have within its district the powers and duties of a
regional board of school trustees.
Unless abolished as provided in this Section, the regional board of
school trustees, in both single county and multi-county
educational service regions, shall consist of 7 members. In single county
regions not more than one trustee may be a resident of any one congressional
township; however, in case there are fewer than 7 congressional townships
in the region then not more than two of such trustees may be residents of
the same congressional township. Notwithstanding the foregoing residency provision, in a single county region with a population of greater than 750,000 inhabitants, but less than 1,200,000 inhabitants, 2 trustees may be residents of the same congressional township if and only if such trustees were elected at the April 9, 2013 consolidated election. In 2 county regions at least 2 trustees
shall be residents of each county. In 3 or more county regions at least
one trustee shall be a resident of each county. If more than 7 counties
constitute the educational service region, the regional board of school
trustees shall consist of one resident of each county.
The regional board of school trustees shall be a body politic and corporate
by the name of "Regional Board of School Trustees of.... County (or Counties),
Illinois." Such corporation shall have perpetual existence with power to
sue and be sued and to plead and be impleaded in all courts and places where
judicial proceedings are had.
(b) Upon the abolition of the regional board of school trustees and
the termination of the terms of office of the members of that former
regional board of school trustees in an educational service region
containing 2,000,000 or more inhabitants as provided in subsection (a), the
trustees of schools of each township included within the territory of that
educational service region that was served by the former regional board of
school trustees, or if any such township is a township referred to in
subsection (b) of Section 5-1 and there are no trustees of schools acting
in that township then the school board of each school district located in
that township, shall be the successors to the former regional board of
school trustees. As successors to the former regional board of school
trustees, the trustees of schools of each such township and the school
board of each such school district, with respect to all territory included
within the school township or school district served by the trustees of
schools of the township or school board, shall be vested with and shall
exercise and perform all rights, powers, duties, and responsibilities
formerly held, exercised, and performed with respect to that territory by
the regional board of school trustees abolished under subsection (a) of this Section.
Upon abolition of the regional board of school trustees in an educational
service region having 2,000,000 or more inhabitants as provided in
subsection (a) of this Section, all books, records, maps, papers,
documents, equipment, supplies, accounts, deposits, and other personal
property belonging to or subject to the control or disposition of the
former regional board of school trustees (excepting only such items as may
have been provided by the county board) shall be transferred and delivered
to the trustees of schools of the townships and the school boards that are
the successors to the former regional board of school trustees for the
territory included within their respective school townships or school
districts.
From and after the effective date of this amendatory Act of 1992, any
reference in the School Code or any other law of this State to the regional
board of school trustees or county board of school trustees shall mean,
with respect to all territory within an educational service region
containing 2,000,000 or more inhabitants that formerly was served by a
regional board of school trustees abolished under subsection (a) of this
Section, the trustees of schools of the township or the school board of the
school district that is the successor to the former regional board of
school trustees with respect to the territory included within that school
township or school district.
(Source: P.A. 98-115, eff. 7-29-13.)
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105 ILCS 5/6-2.1
(105 ILCS 5/6-2.1) (from Ch. 122, par. 6-2.1)
Sec. 6-2.1. On and after the effective date of this amendatory Act,
the provisions of Sections 6-3, 6-4, 6-5, 6-10, 6-11 (now repealed), 6-12, 6-17, 6-18, 6-19,
6-20, and 6-21 of this School Code shall have no application in any
educational service region having a population of 2,000,000 or more
inhabitants.
(Source: P.A. 95-496, eff. 8-28-07.)
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105 ILCS 5/6-3
(105 ILCS 5/6-3) (from Ch. 122, par. 6-3)
Sec. 6-3.
Eligibility for trustee's office.
No person shall be eligible to the office of member of the regional
board of school trustees who is not a voter of the educational service
region and qualified to vote in the election for members of the regional
board of school trustees, or who is a member of a school board, or who is a
school board employee, or who holds any county office.
(Source: P.A. 78-514.)
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105 ILCS 5/6-4
(105 ILCS 5/6-4) (from Ch. 122, par. 6-4)
Sec. 6-4.
Election date.
Members of the regional board of school trustees
shall be elected at the regular election specified in the general
election law in each odd-numbered year.
(Source: P.A. 81-1490.)
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105 ILCS 5/6-5
(105 ILCS 5/6-5) (from Ch. 122, par. 6-5)
Sec. 6-5.
Qualifications and eligibility of voters.
A person is qualified to vote at an
election for members of the
regional board of school trustees who is a registered voter as provided in
the Election Code and has resided within the State and in the voting
precinct for 28 days immediately preceding the election, and who is a
citizen of the United States and has attained the age of 18 years.
Whenever a unit school district is located in more than one educational
service region, a qualified elector residing in that unit school district but
outside of the educational service region administered by the regional
superintendent of schools having supervision and control over that unit school
district shall be eligible to vote in any election held to elect members of the
regional board of school trustees for the educational service that is
administered by the regional superintendent of schools who has supervision and
control over that unit school district, but the elector shall not also be
eligible to vote in the election held to elect the members of the regional
board of school trustees for the educational service region in which the
elector resides.
Not less than 100 days before each nonpartisan election, the regional
superintendent of schools shall certify to the State Board of Elections a list
of each unit school district under his or her supervision and control and each
county in which all or any part of each of those districts is located. The
State
Board of Elections shall certify each of those unit school districts and
counties to the appropriate election authorities within 20 days after receiving
the list certified by the regional superintendent of schools.
The election authority in a single county educational service region whose
regional superintendent of schools exercises supervision and control over a
unit school district that is located in that single county educational service
region and in one or more other educational service regions shall certify to
the election authority of each of those other educational service regions in
which the unit school district is located the candidates for members of the
regional board of school trustees for the educational service region that is
administered by the regional superintendent of schools exercising supervision
and control over that unit school district.
(Source: P.A. 88-535.)
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105 ILCS 5/6-10
(105 ILCS 5/6-10) (from Ch. 122, par. 6-10)
Sec. 6-10.
Nominating petition.
The nomination of candidates for members
of the regional board of school trustees in single county or multi-county
educational service regions shall be made by a petition filed with the county
clerk, in the case of a single county region, and, in the case of multi-county
regions with the State Board of Elections and signed
by at least 50 voters qualified to vote at the election.
In addition to the requirements of the general election law, the petition
shall specify the county and township (or road district) of the candidate's residence.
Nomination papers filed under this Section are not valid unless the candidate
named therein files with the county clerk or State Board of Elections a statement of
economic interests as required by the Illinois Governmental Ethics Act.
Such receipt shall be so filed either previously during the calendar year
in which his nomination papers were filed or within the period for the filing
of nomination papers in accordance with the general election law.
A candidate for membership on the regional board of school trustees, who
has petitioned for nomination to fill a full term and to fill a vacant term
to be voted upon at the same election, must withdraw his or her petition
for nomination to the regional board of school trustees from either the
full term or the vacant term by written declaration, within the time and
in the manner provided by the general election law.
(Source: P.A. 81-1490.)
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105 ILCS 5/6-11
(105 ILCS 5/6-11)
Sec. 6-11. (Repealed).
(Source: P.A. 81-1490. Repealed by P.A. 95-496, eff. 8-28-07.)
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105 ILCS 5/6-12
(105 ILCS 5/6-12) (from Ch. 122, par. 6-12)
Sec. 6-12.
Ballot form.
The ballots for members of the regional board of
school trustees shall be in substantially one of the following forms:
OFFICIAL BALLOT FOR SINGLE COUNTY REGIONS
For members of the Regional Board of School
Trustees
(Vote for.... Not more than.... may serve from the same congressional township.)
( ) JOHN C. CALHOUN of Township.... Range.... ( ) JAMES MADISON of Township.... Range.... ( ) .... of Township.... Range.... ( ) .... of Township.... Range....
OFFICIAL BALLOT FOR MULTI-COUNTY REGIONS
For members of the Regional Board of School Trustees
(Vote for.... At least.... shall serve from each county.)
( ) JOHN C. CALHOUN of.... County .... ( ) JAMES MADISON of.... County .... ( ) .... of.... County .... ( ) .... of.... County ....
(Source: P.A. 83-1362.)
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