Public Act 093-1079
 
HB0757 Enrolled LRB093 05403 NHT 05493 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 Sections
9-11.2, 9-12, 9-18, 26-2, 26-8, and 26-16 and by adding Section
14-16 as follows:
 
    (105 ILCS 5/9-11.2)  (from Ch. 122, par. 9-11.2)
    Sec. 9-11.2. For all school districts electing candidates
to a board of education in a manner other than at large,
candidates not elected at large who file nominating petitions
for a full term shall be grouped together by area of residence
as follows:
    (1) by congressional townships, or
    (2) according to incorporated or unincorporated areas. , or
    (3) by affected school districts, if the form of ballot
prescribed by Format 2a or 2b of Section 9-12 is required to be
used for the election.
    For all school districts electing candidates to a board of
education in a manner other than at large, candidates not
elected at large who file nominating petitions for an unexpired
term shall be grouped together by area of residence as follows:
    (1) by congressional townships, or
    (2) according to incorporated or unincorporated areas. , or
    (3) by affected school districts, if the form of ballot
prescribed by Format 2a or 2b of Section 9-12 is required to be
used for the election.
    Candidate Except in those instances when the ballot under
Format 5 of Section 9-12 is required to be used, candidate
groupings by area of residence for unexpired full terms shall
precede the candidate groupings by area of residence for full
unexpired terms on the ballot. In all instances, however, the
ballot order of each candidate grouping shall be determined by
the order of petition filing or lottery held pursuant to
Section 9-11.1 in the following manner:
    The area of residence of the candidate determined to be
first by order of petition filing or by lottery shall be listed
first among the candidate groupings on the ballot. All other
candidates from the same area of residence will follow
according to order of petition filing or the lottery. The area
of residence of the candidate determined to be second by the
order of petition filing or the lottery shall be listed second
among the candidate groupings on the ballot. All other
candidates from the same area of residence will follow
according to the order of petition filing or the lottery. The
ballot order of additional candidate groupings by area of
residence shall be established in a like manner.
    In any school district that elects its board members
according to area of residence and that has one or more
unexpired terms to be filled at an election, the winner or
winners of the unexpired term or terms shall be determined
first and independently of those running for full terms. The
winners of the full terms shall then be determined taking into
consideration the areas of residence of those elected to fill
the unexpired term or terms.
    "Area of Residence" means congressional township and ,
incorporated and unincorporated territories, and, if the form
of ballot prescribed by Format 2a or 2b of Section 9-12 is
required to be used in electing candidates to a board of
education, affected school districts.
    "Affected school district" means either of the 2 entire
elementary school districts that are formed into a combined
school district established as provided in subsection (a-5) of
Section 11B-7.
(Source: P.A. 89-579, eff. 7-30-96; 90-59, eff. 7-3-97; 90-459,
eff. 8-17-97; 90-655, eff. 7-30-98.)
 
    (105 ILCS 5/9-12)  (from Ch. 122, par. 9-12)
    Sec. 9-12. Ballots for the election of school officers
shall be in one of the following forms:
 
(FORMAT 1
    Ballot position for candidates shall be determined by the
order of petition filing or lottery held pursuant to Section
9-11.1.
    This format is used by Boards of School Directors. School
Directors are elected at large.)
OFFICIAL BALLOT
FOR MEMBERS OF THE BOARD OF SCHOOL
DIRECTORS TO SERVE AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) .......................................
( ) .......................................
( ) .......................................
FOR MEMBERS OF THE BOARD OF SCHOOL
DIRECTORS TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
( ) ........................................
( ) ........................................
( ) ........................................
FOR MEMBERS OF THE BOARD OF SCHOOL
DIRECTORS TO SERVE AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) .......................................
( ) .......................................
( ) .......................................

 
(FORMAT 2
    Ballot position for candidates shall be determined by the
order of petition filing or lottery held pursuant to Section
9-11.1.
    This format is used when school board members are elected
at large. Membership on the school board is not restricted by
area of residence.
    Types of school districts generally using this format are:
    Common school districts;
    Community unit and community consolidated school districts
formed on or after January 1, 1975;
    Community unit school districts formed prior to January 1,
1975 that elect board members at large and without restriction
by area of residence within the district under subsection (c)
of Section 11A-8;
    Community unit, community consolidated and combined school
districts in which more than 90% of the population is in one
congressional township;
    High school districts in which less than 15% of the taxable
property is located in unincorporated territory; and unit
districts (OLD TYPE);
    Combined school districts formed on or after July 1, 1983;
    Combined school districts formed before July 1, 1983 and
community consolidated school districts that elect board
members at large and without restriction by area of residence
within the district under subsection (c) of Section 11B-7.)
OFFICIAL BALLOT
FOR MEMBERS OF THE BOARD OF
EDUCATION TO SERVE AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) .......................................
( ) .......................................
( ) .......................................
FOR MEMBERS OF THE BOARD OF
EDUCATION TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
( ) .......................................
( ) .......................................
( ) .......................................
FOR MEMBERS OF THE BOARD OF
EDUCATION TO SERVE AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) .......................................
( ) .......................................
( ) .......................................

 
(FORMATS 2a and 2b
    Ballot position for at large candidates shall be determined
by the order of petition filing or lottery held pursuant to
Section 9-11.1 and ballot position for candidates grouped by
"affected school district", as that term is defined in Section
9-11.2, shall be determined by order of petition filing or
lottery held pursuant to Sections 9-11.1 and 9-11.2.
    Format 2a is used only in electing, to unstaggered terms
expiring on the date of the regular school election held in
calendar year 2001, the initial 7 members of the board of
education of a combined school district that is established as
provided in subsection (a-5) of Section 11B-7, and Format 2b is
used only in electing, when required under Section 10-10, a
successor to serve the remainder of the unstaggered, unexpired
term of any such initial board member in whose office a vacancy
has occurred.)
 
    Format 2a:
 
OFFICIAL BALLOT
FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE A FULL TERM EXPIRING ON
(Insert date of regular school election in 2001)
    Instructions to voter: One member of the board of education
is to be elected at large from within the territory included
within the boundaries of (insert name of the combined school
district as proposed or formed), 3 members are to be elected
from the territory included within the boundaries of (former)
Elementary School District No. ....., and 3 members are to be
elected from the territory included within the boundaries of
(former) Elementary School District No. ......
 
FOR THE MEMBER
OF THE BOARD OF EDUCATION
TO BE ELECTED AT LARGE
VOTE FOR ONE
( ) .......................................
( ) .......................................

 
FOR MEMBERS OF
THE BOARD OF EDUCATION
TO BE ELECTED FROM
(FORMER) ELEMENTARY SCHOOL DISTRICT NO. ....
VOTE FOR THREE
( ) .......................................
( ) .......................................
( ) .......................................
( ) .......................................

 
FOR MEMBERS OF
THE BOARD OF EDUCATION
TO BE ELECTED FROM
(FORMER) ELEMENTARY SCHOOL DISTRICT NO. ....
VOTE FOR THREE
( ) .......................................
( ) .......................................
( ) .......................................
( ) .......................................

 
    Format 2b:
 
OFFICIAL BALLOT
FOR A MEMBER OF THE BOARD OF EDUCATION
TO BE ELECTED AT LARGE
TO SERVE AN UNEXPIRED TERM ENDING ON
(Insert date of regular school election in 2001)
VOTE FOR ONE
( ) .......................................
( ) .......................................

 
FOR MEMBERS (A MEMBER)
OF THE BOARD OF EDUCATION
TO BE ELECTED FROM
FORMER ELEMENTARY SCHOOL DISTRICT NO. ....
TO SERVE AN UNEXPIRED TERM ENDING ON
(Insert date of regular school election in 2001)
VOTE FOR ....
( ) .......................................
( ) .......................................

 
FOR MEMBERS (A MEMBER)
OF THE BOARD OF EDUCATION
TO BE ELECTED FROM
FORMER ELEMENTARY SCHOOL DISTRICT NO. ....
TO SERVE AN UNEXPIRED TERM ENDING ON
(Insert date of regular school election in 2001)
VOTE FOR ....
( ) .......................................
( ) .......................................

 
(FORMAT 3
    Ballot position for incorporated and unincorporated areas
shall be determined by the order of petition filing or lottery
held pursuant to Sections 9-11.1 and 9-11.2.
    This format is used by community unit, community
consolidated and combined school districts when the territory
is less than 2 congressional townships, or 72 square miles, but
consists of more than one congressional township, or 36 square
miles, outside of the corporate limits of any city, village or
incorporated town within the school district. The School Code
requires that not more than 5 board members shall be selected
from any city, village or incorporated town in the school
district. At least two board members must reside in the
unincorporated area of the school district.
    Except for those community unit school districts formed
before January 1, 1975 that elect board members at large and
without restriction by area of residence within the district
under subsection (c) of Section 11A-8 and except for combined
school districts formed before July 1, 1983 and community
consolidated school districts that elect board members at large
and without restriction by area of residence within the
district under subsection (c) of Section 11B-7, this format
applies to community unit and community consolidated school
districts formed prior to January 1, 1975 and combined school
districts formed prior to July 1, 1983.)
OFFICIAL BALLOT
    Instructions to voter: The board of education shall be
composed of members from both the incorporated and the
unincorporated area; not more than 5 board members shall be
selected from any city, village or incorporated town.
 
    ON THE BASIS OF EXISTING BOARD MEMBERSHIP, NOT MORE THAN
.... MAY BE ELECTED FROM THE INCORPORATED AREAS. On the basis
of existing board membership, not more than .... may be elected
from the incorporated areas.
FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE AN UNEXPIRED 2-YEAR TERM
THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS
IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE
FULL TERMS.
VOTE FOR A TOTAL OF ....
................... Area
( )   ...........................
( )   ...........................
................... Area
( )   ...........................
( )   ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE A FULL 4-YEAR TERM
VOTE FOR A TOTAL OF
....
      ................... Area
           ( )   ...........................
           ( )   ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
      ................... Area
           ( )   ...........................
           ( )   ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
................... Area
( )   ...........................
( )   ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
................... Area
( )   ...........................
( )   ...........................
 
(FORMAT 4
    Ballot position for township areas shall be determined by
the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
    Except for those community unit school districts formed
prior to January 1, 1975 that elect board members at large and
without restriction by area of residence within the district
under subsection (c) of Section 11A-8 and except for those
combined school districts formed before July 1, 1983 and
community consolidated school districts that elect board
members at large and without restriction by area of residence
within the district under subsection (c) of Section 11B-7, this
format applies to community unit and community consolidated
school districts formed prior to January 1, 1975 and combined
school districts formed prior to July 1, 1983 when the
territory of the school district is greater than 2
congressional townships, or 72 square miles. This format
applies only when less than 75% of the population is in one
congressional township. Congressional townships of less than
100 inhabitants shall not be considered for the purpose of such
mandatory board representation. In this case, not more than 3
board members may be selected from any one congressional
township.)
OFFICIAL BALLOT
    Instructions to voter: Membership on the board of education
is restricted to a maximum of 3 members from any congressional
township.
 
    ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE
ELECTED IN THE FOLLOWING NUMBERS FROM EACH CONGRESSIONAL
TOWNSHIP. On the basis of existing board membership, members
may be elected in the following numbers from each congressional
township.
    NOT MORE THAN .... MAY BE ELECTED FROM TOWNSHIP .... RANGE
.... Not more than .... may be elected from Township .... Range
....
    NOT MORE THAN .... MAY BE ELECTED FROM TOWNSHIP .... RANGE
.... Not more than .... may be elected from Township .... Range
....
    NOT MORE THAN .... MAY BE ELECTED FROM TOWNSHIP .... RANGE
.... Not more than .... may be elected from Township .... Range
....
    (Include each remaining congressional township in district
as needed)
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS
IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE
FULL TERMS.
VOTE FOR A TOTAL OF ....
    
Township .............. Range ................
( ) ............................
( ) ............................
    
Township .............. Range ................
( ) ............................
( ) ............................
FOR MEMBERS OF THE BOARD OF
EDUCATION TO SERVE A FULL 4-YEAR TERM
VOTE FOR A TOTAL OF
....
     Township .............. Range ................
( ) ............................
( ) ............................
FOR MEMBERS OF THE BOARD OF
EDUCATION TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
     Township .............. Range ................
( ) ............................
( ) ............................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
    
Township .............. Range ................
( ) ............................
( ) ............................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
    
Township .............. Range ................
( ) ............................
( ) ............................

 
(FORMAT 5
    Ballot position for township areas shall be determined by
the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
    Except for those community unit school districts formed
before January 1, 1975 that elect board members at large and
without restriction by area of residence within the district
under subsection (c) of Section 11A-8 and except for those
combined school districts formed before July 1, 1983 and
community consolidated school districts that elect board
members at large and without restriction by area of residence
within the district under subsection (c) of Section 11B-7, this
format is used by community unit and community consolidated
school districts formed prior to January 1, 1975, and combined
school districts formed prior to July 1, 1983, when the
territory of the school district is greater than 2
congressional townships, or 72 square miles and when at least
75%, but not more than 90%, of the population resides in one
congressional township. In this case, 4 school board members
shall be selected from that one congressional township and the
3 remaining board members shall be selected from the rest of
the district. If a school district from which school board
members are to be selected is located in a county under
township organization and if the surveyed boundaries of a
congressional township from which one or more of those school
board members is to be selected, as described by township
number and range, are coterminous with the boundaries of the
township as identified by the township name assigned to it as a
political subdivision of the State, then that township may be
referred to on the ballot by both its township name and by
township number and range.)
OFFICIAL BALLOT
    Instructions to voter: Membership on the board of education
is to consist of 4 members from the congressional township that
has at least 75% but not more than 90% of the population, and 3
board members from the remaining congressional townships in the
school district.
 
    ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE
ELECTED IN THE FOLLOWING NUMBERS FROM EACH CONGRESSIONAL
TOWNSHIP. On the basis of existing board membership, members
may be elected in the following numbers from each congressional
township.
FOR MEMBER OF THE BOARD OF EDUCATION
TO SERVE AN UNEXPIRED 2-YEAR TERM
FROM (name)........ TOWNSHIP ..... RANGE .....
VOTE FOR ONE
( )..........................
( )..........................
FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
..... shall be elected from (name)...... Township ..... Range
......
(name)....... TOWNSHIP ..... RANGE .....
( ) ............................
( ) ............................
VOTE FOR ....
...... board members shall be elected from the remaining
congressional townships.
The Remaining Congressional Townships
       
( ) ............................
( ) ............................
 
(FORMAT 6
    Ballot position for candidates shall be determined by the
order of petition filing or lottery held pursuant to Section
9-11.1.
    This format is used by school districts in which voters
have approved a referendum to elect school board members by
school board district. The school district is then divided into
7 school board districts, each of which elects one member to
the board of education.)
OFFICIAL BALLOT
DISTRICT ....... (1 through 7)
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ONE
( ) .....................................
( ) .....................................
( ) .....................................
(-OR-)
OFFICIAL BALLOT
DISTRICT ....... (1 through 7)
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ONE
( ) .....................................
( ) .....................................
( ) .....................................
(-OR-)
OFFICIAL BALLOT
DISTRICT ....... (1 through 7)
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ONE
( ) .....................................
( ) .....................................
( ) .....................................
REVERSE SIDE:
OFFICIAL BALLOT
DISTRICT ....... (1 through 7)
(Precinct name or number)
School District No. ......, ........... County, Illinois
Election Tuesday (insert date)
(facsimile signature of Election Authority)
(County)
 
(FORMAT 7
    Ballot position for incorporated and unincorporated areas
shall be determined by the order of petition filing or lottery
held pursuant to Sections 9-11.1 and 9-11.2.
    This format is used by high school districts if more than
15% but less than 30% of the taxable property is located in the
unincorporated territory of the school district. In this case,
at least one board member shall be a resident of the
unincorporated territory.)
OFFICIAL BALLOT
    Instructions to voter: More than 15% but less than 30% of
the taxable property of this high school district is located in
the unincorporated territory of the district, therefore, at
least one board member shall be a resident of the
unincorporated areas.
 
    ON THE BASIS OF EXISTING BOARD MEMBERSHIP, AT LEAST ONE
MEMBER SHALL BE ELECTED FROM THE UNINCORPORATED AREA. On the
basis of existing board membership, at least one member shall
be elected from the unincorporated area.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS
IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE
FULL TERMS.
VOTE FOR A TOTAL OF ....
................... Area
( )   ...........................
( )   ...........................
................... Area
( )   ...........................
( )   ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR A TOTAL OF
....
      ................... Area
           ( )   ...........................
           ( )   ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
      ................... Area
           ( )   ...........................
           ( )   ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
................... Area
( )   ...........................
( )   ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
................... Area
( )   ...........................
( )   ...........................
 
(FORMAT 7a
    Ballot position for candidates shall be determined by the
order of petition filing or lottery held pursuant to Sections
9-11.1 and 9-11.2.
    This format is used by high school districts if more than
15% but less than 30% of the taxable property is located in the
unincorporated territory of the school district and on the
basis of existing board membership no board member is required
to be elected from the unincorporated area.)
OFFICIAL BALLOT
    Instruction to voter: More than 15% but less than 30% of
the taxable property of this high school district is located in
the unincorporated territory of the district, therefore, at
least one board member shall be a resident of the
unincorporated areas.
 
    ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE
ELECTED FROM ANY AREA OR AREAS. On the basis of existing board
membership, members may be elected from any area or areas.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) ........................................
( ) ........................................
( ) ........................................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
( ) ........................................
( ) ........................................
( ) ........................................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) ........................................
( ) ........................................
( ) ........................................

 
(FORMAT 8
    Ballot position for incorporated and unincorporated areas
shall be determined by the order of petition filing or lottery
held pursuant to Sections 9-11.1 and 9-11.2.
    This format is used by high school districts if more than
30% of the taxable property is located in the unincorporated
territory of the school district. In this case, at least two
board members shall be residents of the unincorporated
territory.)
OFFICIAL BALLOT
    Instructions to voters: Thirty percent (30%) or more of the
taxable property of this high school district is located in the
unincorporated territory of the district, therefore, at least
two board members shall be residents of the unincorporated
territory.
 
    ON THE BASIS OF EXISTING BOARD MEMBERSHIP, AT LEAST 2
MEMBERS SHALL BE ELECTED FROM THE UNINCORPORATED AREA. On the
basis of existing board membership at least 2 members shall be
elected from the unincorporated area.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS
IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE
FULL TERMS.
VOTE FOR A TOTAL OF ....
................... Area
( )   ...........................
( )   ...........................
................... Area
( )   ...........................
( )   ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR A TOTAL OF
....
      ................... Area
           ( )   ...........................
           ( )   ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
      ................... Area
           ( )   ...........................
           ( )   ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
................... Area
( )   ...........................
( )   ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
................... Area
( )   ...........................
( )   ...........................
 
(FORMAT 8a
    Ballot position for incorporated and unincorporated areas
shall be determined by the order of petition filing or lottery
held pursuant to Sections 9-11.1 and 9-11.2.
    This format is used by high school districts if more than
30% of the taxable property is located in the unincorporated
territory of the school district. In this case, at least two
board members shall be residents of the unincorporated
territory.)
OFFICIAL BALLOT
    Instructions to voters: Thirty percent (30%) or more of the
taxable property of this high school district is located in the
unincorporated territory of the district, therefore, at least
two board members shall be residents of the unincorporated
territory.
 
    ON THE BASIS OF EXISTING BOARD MEMBERSHIP, AT LEAST ONE
MEMBER SHALL BE ELECTED FROM THE UNINCORPORATED AREA. On the
basis of existing board membership at least one member shall be
elected from the unincorporated area.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS
IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE
FULL TERMS.
VOTE FOR A TOTAL OF ....
................... Area
( )   ...........................
( )   ...........................
................... Area
( )   ...........................
( )   ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR A TOTAL OF
....
      ................... Area
           ( )   ...........................
           ( )   ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
      ................... Area
           ( )   ...........................
           ( )   ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
................... Area
( )   ...........................
( )   ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
................... Area
( )   ...........................
( )   ...........................
 
(FORMAT 8b
    Ballot position for incorporated and unincorporated areas
shall be determined by the order of petition filing or lottery
held pursuant to Sections 9-11.1 and 9-11.2.
    This format is used by high school districts if more than
30% of the taxable property is located in the unincorporated
territory of the school district. In this case, at least two
board members shall be residents of the unincorporated
territory.)
OFFICIAL BALLOT
    Instructions to voters: Thirty percent (30%) or more of the
taxable property of this high school district is located in the
unincorporated territory of the district, therefore, at least
two board members shall be residents of the unincorporated
territory.
 
    ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE
ELECTED FROM ANY AREA OR AREAS. On the basis of existing board
membership, members may be elected from any area or areas.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( )   ...........................
( )   ...........................
( )   ...........................
( )   ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
           ( )   ...........................
           ( )   ...........................
           ( )   ...........................
           ( )   ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( )   ...........................
( )   ...........................
( )   ...........................
( )   ...........................
(Source: P.A. 93-706, eff. 7-9-04.)
 
    (105 ILCS 5/9-18)  (from Ch. 122, par. 9-18)
    Sec. 9-18. Canvass of elections. A canvass of the votes at
any election held in districts governed by a board of education
shall be made by the board of education within 21 7 days after
the election.
    A canvass of the votes at an election ordered by the
regional superintendent of schools shall be made by the
regional superintendent of schools within 21 7 days after the
election.
    A canvass of the votes at an election ordered by the Board
of Directors shall be made by the Board of Directors within 21
7 days after the election.
(Source: P.A. 81-1490.)
 
    (105 ILCS 5/14-16 new)
    Sec. 14-16. Participation in graduation ceremony.
    (a) This Section may be referred to as Brittany's Law. The
General Assembly finds the following:
        (1) Each year, school districts across this State
    celebrate their students' accomplishments through
    graduation ceremonies at which high school diplomas are
    bestowed upon students who have completed their high school
    requirements.
        (2) There are children with disabilities in this State
    who have finished 4 years of high school, but whose
    individualized education programs prescribe the
    continuation of special education, transition planning,
    transition services, or related services beyond the
    completion of 4 years of high school.
        (3) It is well-established that the awarding of a high
    school diploma to and the high school graduation of a child
    with a disability is tantamount to the termination of
    eligibility for special education and related services for
    the student under applicable federal law.
        (4) Many children with disabilities who will continue
    their public education in accordance with their
    individualized education programs after finishing 4 years
    of high school wish to celebrate their accomplishments by
    participating in a graduation ceremony with their
    classmates.
        (5) The opportunity for classmates with disabilities
    and those without disabilities to celebrate their
    accomplishments together only occurs once, and the
    opportunity to celebrate the receipt of a diploma several
    years after one's classmates have graduated diminishes the
    experience for students whose age peers have left high
    school several years earlier.
    (b) Beginning March 1, 2005, each school district that
operates a high school must have a policy and procedures that
allow a child with a disability who will have completed 4 years
of high school at the end of a school year to participate in
the graduation ceremony of the student's high school graduating
class and receive a certificate of completion if the student's
individualized education program prescribes special education,
transition planning, transition services, or related services
beyond the student's 4 years of high school. The policy and
procedures must require timely and meaningful written notice to
children with disabilities and their parents or guardians about
the school district's policy and procedures adopted in
accordance with this Section.
    (c) The State Board of Education shall monitor and enforce
compliance with the provisions of this Section and is
authorized to adopt rules for that purpose.
 
    (105 ILCS 5/26-2)  (from Ch. 122, par. 26-2)
    (Text of Section from P.A. 93-803)
    Sec. 26-2. Enrolled pupils below 7 or over 17 16.
    (a) Any person having custody or control of a child who is
below the age of 7 years or is 17 years of age or above the age
of 16 years and who is enrolled in any of grades 1 through 12,
in the public school shall cause him to attend the public
school in the district wherein he resides when it is in session
during the regular school term, unless he is excused under
paragraph paragraphs 2, 3, 4, or 5, or 6 of Section 26-1.
    (b) A school district shall deny reenrollment in its
secondary schools to any child above the age of 19 years of age
or above who has dropped out of school and who could not,
because of age and lack of credits, attend classes during the
normal school year and graduate before his or her twenty-first
birthday. A district may, however, enroll the child in a
graduation incentives program under Section 26-16 of this Code
or an alternative learning opportunities program established
under Article 13B. No child shall be denied reenrollment for
the above reasons unless the school district first offers the
child due process as required in cases of expulsion under
Section 10-22.6. If a child is denied reenrollment after being
provided with due process, the school district must provide
counseling to that child and must direct that child to
alternative educational programs, including adult education
programs, that lead to graduation or receipt of a GED diploma.
    (c) A school or school district may deny enrollment to a
student 17 16 years of age or older for one semester for
failure to meet minimum academic standards if all of the
following conditions are met:
        (1) The student achieved a grade point average of less
    than "D" (or its equivalent) in the semester immediately
    prior to the current semester.
        (2) The student and the student's parent or guardian
    are given written notice warning that the student is
    failing academically and is subject to denial from
    enrollment for one semester unless a "D" average (or its
    equivalent) or better is attained in the current semester.
        (3) The parent or guardian is provided with the right
    to appeal the notice, as determined by the State Board of
    Education in accordance with due process.
        (4) The student is provided with an academic
    improvement plan and academic remediation services.
        (5) The student fails to achieve a "D" average (or its
    equivalent) or better in the current semester.
    A school or school district may deny enrollment to a
student 17 16 years of age or older for one semester for
failure to meet minimum attendance standards if all of the
following conditions are met:
        (1) The student was absent without valid cause for 20%
    or more of the attendance days in the semester immediately
    prior to the current semester.
        (2) The student and the student's parent or guardian
    are given written notice warning that the student is
    subject to denial from enrollment for one semester unless
    the student is absent without valid cause less than 20% of
    the attendance days in the current semester.
        (3) The student's parent or guardian is provided with
    the right to appeal the notice, as determined by the State
    Board of Education in accordance with due process.
        (4) The student is provided with attendance
    remediation services, including without limitation
    assessment, counseling, and support services.
        (5) The student is absent without valid cause for 20%
    or more of the attendance days in the current semester.
    A school or school district may not deny enrollment to a
student (or reenrollment to a dropout) who is at least 17 16
years of age or older but below not more than 19 years for more
than one consecutive semester for failure to meet academic or
attendance standards.
    (d) No child may be denied enrollment or reenrollment under
this Section in violation of the Individuals with Disabilities
Education Act or the Americans with Disabilities Act.
    (e) In this subsection (e), "reenrolled student" means a
dropout who has reenrolled full-time in a public school. Each
school district shall identify, track, and report on the
educational progress and outcomes of reenrolled students as a
subset of the district's required reporting on all enrollments.
A reenrolled student who again drops out must not be counted
again against a district's dropout rate performance measure.
The State Board of Education shall set performance standards
for programs serving reenrolled students.
    (f) The State Board of Education shall adopt any rules
necessary to implement the changes to this Section made by
Public Act 93-803 this amendatory Act of the 93rd General
Assembly.
(Source: P.A. 92-42, eff. 1-1-02; 93-803, eff. 7-23-04.)
 
    (Text of Section from P.A. 93-858)
    Sec. 26-2. Enrolled pupils below 7 or over 17.
    (a) Any person having custody or control of a child who is
below the age of 7 years or is 17 years of age or above and who
is enrolled in any of grades 1 through 12 in the public school
shall cause him to attend the public school in the district
wherein he resides when it is in session during the regular
school term, unless he is excused under paragraph 2, 3, 4, 5,
or 6 of Section 26-1.
    (b) A school district shall deny reenrollment in its
secondary schools to any child 19 17 years of age or above who
has dropped out of school and who could not, because of age and
lack of credits, attend classes during the normal school year
and graduate before his or her twenty-first birthday. A
district may, however, enroll the child in a graduation
incentives program under Section 26-16 of this Code or an
alternative learning opportunities program established under
Article 13B. No child shall be denied reenrollment for the
above reasons unless the school district first offers the child
due process as required in cases of expulsion under Section
10-22.6. If a child is denied reenrollment after being provided
with due process, the school district must provide counseling
to that child and must direct that child to alternative
educational programs, including adult education programs, that
lead to graduation or receipt of a GED diploma.
    (c)  A school or school district may deny enrollment to a
student 17 years of age or older for one semester for failure
to meet minimum academic standards if all of the following
conditions are met:
        (1)  The student achieved a grade point average of less
    than "D" (or its equivalent) in the semester immediately
    prior to the current semester.
        (2)  The student and the student's parent or guardian
    are given written notice warning that the student is
    failing academically and is subject to denial from
    enrollment for one semester unless a "D" average (or its
    equivalent) or better is attained in the current semester.
        (3)  The parent or guardian is provided with the right
    to appeal the notice, as determined by the State Board of
    Education in accordance with due process.
        (4)  The student is provided with an academic
    improvement plan and academic remediation services.
        (5)  The student fails to achieve a "D" average (or its
    equivalent) or better in the current semester.
    A school or school district may deny enrollment to a
student 17 years of age or older for one semester for failure
to meet minimum attendance standards if all of the following
conditions are met:
        (1)  The student was absent without valid cause for 20%
    or more of the attendance days in the semester immediately
    prior to the current semester.
        (2)  The student and the student's parent or guardian
    are given written notice warning that the student is
    subject to denial from enrollment for one semester unless
    the student is absent without valid cause less than 20% of
    the attendance days in the current semester.
        (3)  The student's parent or guardian is provided with
    the right to appeal the notice, as determined by the State
    Board of Education in accordance with due process.
        (4)  The student is provided with attendance
    remediation services, including without limitation
    assessment, counseling, and support services.
        (5)  The student is absent without valid cause for 20%
    or more of the attendance days in the current semester.
    A school or school district may not deny enrollment to a
student (or reenrollment to a dropout) who is at least 17 years
of age or older but below 19 years for more than one
consecutive semester for failure to meet academic or attendance
standards.
    (d) No child may be denied enrollment or reenrollment under
this Section in violation of the Individuals with Disabilities
Education Act or the Americans with Disabilities Act.
    (e) In this subsection (e), "reenrolled student" means a
dropout who has reenrolled full-time in a public school. Each
school district shall identify, track, and report on the
educational progress and outcomes of reenrolled students as a
subset of the district's required reporting on all enrollments.
A reenrolled student who again drops out must not be counted
again against a district's dropout rate performance measure.
The State Board of Education shall set performance standards
for programs serving reenrolled students.
    (f) The State Board of Education shall adopt any rules
necessary to implement the changes to this Section made by
Public Act 93-803.
(Source: P.A. 92-42, eff. 1-1-02; 93-858, eff. 1-1-05.)
 
    (105 ILCS 5/26-8)  (from Ch. 122, par. 26-8)
    Sec. 26-8. Determination as to compliance - Complaint in
circuit court. A truant officer or, in a school district that
does not have a truant officer, the regional superintendent of
schools or his or her designee, after giving the notice
provided in Section 26-7, shall determine whether the notice
has been complied with. If 3 notices have been given and the
notices have not been complied with, and if the persons having
custody or control have knowingly and wilfully permitted the
truant behavior to continue, the regional superintendent of
schools, or his or her designee, of the school district where
the child resides shall conduct a truancy hearing. If the
regional superintendent determines as a result of the hearing
that the child is truant, the regional superintendent shall, if
age appropriate at the discretion of the regional
superintendent, require the student to complete 20 to 40 hours
of community service over a period of 90 days. If the truancy
persists, the regional superintendent shall (i) make complaint
against the persons having custody or control to the state's
attorney or in the circuit court in the county where such
person resides for failure to comply with the provisions of
this Article or (ii) conduct truancy mediation and encourage
the student to enroll in a graduation incentives program under
Section 26-16 of this Code. If, however, after giving the
notice provided in Section 26-7 the truant behavior has
continued, and the child is beyond the control of the parents,
guardians or custodians, a truancy petition shall be filed
under the provisions of Article III of the Juvenile Court Act
of 1987.
(Source: P.A. 93-858, eff. 1-1-05.)
 
    (105 ILCS 5/26-16)
    Sec. 26-16. Graduation incentives program.
    (a) The General Assembly finds that it is critical to
provide options for children to succeed in school. The purpose
of this Section is to provide incentives for and encourage all
Illinois students who have experienced or are experiencing
difficulty in the traditional education system to enroll in
alternative programs.
    (b) Any student who is below the age of 20 years no more
than 18 years of age is eligible to enroll in a graduation
incentives program if he or she:
        (1) is considered a dropout pursuant to Section 26-2a
    of this Code;
        (2) has been suspended or expelled pursuant to Section
    10-22.6 or 34-19 of this Code;
        (3) is pregnant or is a parent;
        (4) has been assessed as chemically dependent; or
        (5) is enrolled in a bilingual education or LEP
    program.
    (c) The following programs qualify as graduation
incentives programs for students meeting the criteria
established in this Section:
        (1) Any public elementary or secondary education
    graduation incentives program established by a school
    district or by a regional office of education.
        (2) Any alternative learning opportunities program
    established pursuant to Article 13B of this Code.
        (3) Vocational or job training courses approved by the
    State Superintendent of Education that are available
    through the Illinois public community college system.
    Students may apply for reimbursement of 50% of tuition
    costs for one course per semester or a maximum of 3 courses
    per school year. Subject to available funds, students may
    apply for reimbursement of up to 100% of tuition costs upon
    a showing of employment within 6 months after completion of
    a vocational or job training program. The qualifications
    for reimbursement shall be established by the State
    Superintendent of Education by rule.
        (4) Job and career programs approved by the State
    Superintendent of Education that are available through
    Illinois-accredited private business and vocational
    schools. Subject to available funds, pupils may apply for
    reimbursement of up to 100% of tuition costs upon a showing
    of employment within 6 months after completion of a job or
    career program. The State Superintendent of Education
    shall establish, by rule, the qualifications for
    reimbursement, criteria for determining reimbursement
    amounts, and limits on reimbursement.
        (5) Adult education courses that offer preparation for
    the General Educational Development Test.
    (d) Graduation incentives programs established by school
districts are entitled to claim general State aid, subject to
Sections 13B-50, 13B-50.5, and 13B-50.10 of this Code.
Graduation incentives programs operated by regional offices of
education are entitled to receive general State aid at the
foundation level of support per pupil enrolled. A school
district must ensure that its graduation incentives program
receives supplemental general State aid, transportation
reimbursements, and special education resources, if
appropriate, for students enrolled in the program.
(Source: P.A. 93-858, eff. 1-1-05.)
 
    Section 90. The State Mandates Act is amended by adding
Section 8.28 as follows:
 
    (30 ILCS 805/8.28 new)
    Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 93rd General Assembly.
 
    Section 99. Effective date. This Act takes effect upon
becoming law, except that the provisions changing Sections
26-2, 26-8, and 26-16 of the School Code take effect January 1,
2005.