Public Act 101-0067
 
HB2802 EnrolledLRB101 10065 AXK 55167 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The School Code is amended  by changing Section 
10-10 as follows:
 



    (105 ILCS 5/10-10)  (from Ch. 122, par. 10-10)



    Sec. 10-10. Board of education; term; vacancy. All school 
districts
having a population of not fewer than 1,000 and not 
more than 500,000
inhabitants, as ascertained by any special or 
general census, and not
governed by special Acts, shall be 
governed by a board of education
consisting of 7 members, 
serving without compensation except as herein
provided.  Each 
member shall be elected for a term of 4 years for the initial 
members
of the board of education of a combined school district 
to which that
subsection applies. If 5 members are elected in 
1983 pursuant to the extension
of terms provided by
law for 
transition to the consolidated election schedule under the 
general
election law, 2 of those members shall be elected to 
serve terms of 2 years
and 3 shall be elected to serve terms of 
4 years; their successors shall
serve for a 4 year term.  When 
the voters of a district have voted to elect
members of the 
board of education for 6 year terms, as provided in Section

9-5, the terms of office of members of the board of education 
of that
district expire when their successors assume office but 
not later than 7
days after such election. If at the regular 
school election held in the
first odd-numbered year after the 
determination to elect members for 6 year
terms 2 members are 
elected, they shall serve for a 6 year term; and of the
members 
elected at the next regular school election 3 shall serve for a

term of 6 years and 2 shall serve a term of 2 years.  Thereafter 
members
elected in such districts shall be elected to a 6 year 
term.  If at the
regular school election held in the first 
odd-numbered year after the
determination to elect members for 
6 year terms 3 members are elected, they
shall serve for a 6 
year term; and of the members elected at the next
regular 
school election 2 shall serve for a term of 2 years and 2 shall

serve for a term of 6 years.  Thereafter members elected in such 
districts
shall be elected to a 6 year term.  If at the regular 
school election held
in the first odd-numbered year after the 
determination to elect members for
6 year terms 4 members are 
elected, 3 shall serve for a term of 6 years and
one shall 
serve for a term of 2 years; and of the members elected at the

next regular school election 2 shall serve for terms of 6 years 
and 2 shall
serve for terms of 2 years. Thereafter members 
elected in such districts
shall be elected to a 6 year term.  If 
at the regular school election held
in the first odd-numbered 
year after the determination to elect members for
a 6 year term 
5 members are elected, 3 shall serve for a term of 6 years
and 2 
shall serve for a term of 2 years; and of the members elected 
at the
next regular school election 2 shall serve for terms of 
6 years and 2 shall
serve for terms of 2 years. Thereafter 
members elected in such districts
shall be elected to a 6 year 
term.  An election for board members shall not
be held in school 
districts which by consolidation, annexation or otherwise

shall cease to exist as a school district within 6 months after 
the
election date, and the term of all board members which 
would otherwise
terminate shall be continued until such 
district shall cease to exist. Each
member, on the date of his 
or her election, shall be a
citizen of the United
States of the 
age of 18 years or over, shall be a resident of the State and

the
territory of the district for at least one year immediately 
preceding his or
her
election, shall be a registered voter as 
provided in the general election
law,
shall not be a school 
trustee, must not have been removed from a school board 
pursuant to Section 2-3.25f-5 of this Code (unless subsequently 
appointed as a member of an Independent Authority or if it has 
been 10 years since the abolition of the Independent Authority 
in the district), and shall not be a child
sex offender as 
defined in Section 11-9.3 of the
Criminal Code of 2012.  When 
the board of
education is the successor of the school 
directors, all rights of property,
and all rights regarding 
causes of action existing or vested in such
directors, shall 
vest in it as fully as they were vested in the school

directors.  Terms of members are subject to Section 2A-54 of the 
Election Code.

    Nomination papers filed under this Section are not valid 
unless the candidate
named therein files with the county clerk 
or the county board of election commissioners, as the case may 
be, of the county in which the principal office of the school 
district is located a receipt
from the county clerk showing 
that the candidate has filed 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.

    Whenever a vacancy occurs, the remaining members shall 
notify the
regional superintendent of that vacancy within 5 
days after its occurrence
and shall proceed to 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 
868 days 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. Should they fail so to
act, within 60 45 
days after the vacancy occurs, the regional superintendent
of 
schools under whose supervision and control the district is 
operating,
as defined in Section 3-14.2 of this Act, shall 
within 30 days after the
remaining members have failed to fill 
the vacancy, fill the vacancy as
provided for herein. Upon the 
regional superintendent's failure to fill the
vacancy, the 
vacancy shall be filled at the next regularly scheduled

election.  Whether elected or appointed by the remaining members 
or regional
superintendent, the successor shall be an 
inhabitant of the particular area
from which his or her 
predecessor was elected if the residential requirements

contained in Section 10-10.5 or 12-2 of this Code apply.

    A board of education may appoint a student to the board to 
serve in an advisory capacity.  The student member shall serve 
for a term as determined by the board.  The board may not grant 
the student member any voting privileges, but shall consider 
the student member as an advisor. The student member may not 
participate in or attend any executive session of the board.

(Source: P.A. 97-1150, eff. 1-25-13; 98-115, eff. 7-29-13; 
98-1155, eff. 1-9-15.)