Public Act 094-0231
 		





SB1638 Enrolled
LRB094 10933 NHT 41507 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 
10-1, 10-10, 33-1, and 34-3 and by adding Section 32-3.5 as 
follows:
 



    (105 ILCS 5/10-1)  (from Ch. 122, par. 10-1)



    Sec. 10-1. Board
of school directors.

    (a) School districts having a population of fewer than 1000 
inhabitants
and
not governed by any special act shall be 
governed by a board of school
directors to consist of 3 members 
who shall be elected in the manner
provided in Article 9 of 
this Act. In consolidated districts and in districts
in which 
the membership of the board of school directors is increased as

provided in subsection (b), 7 members
shall be so elected.

    (b) Upon presentment to the board of school directors of a 
school district
having a population of fewer than 1,000 
inhabitants of a petition signed by the
lesser of 5% or 25 of 
the registered voters of the district to increase the

membership of the district's board of school directors to 7 
directors and to
elect a new 7-member board of school directors 
to replace the district's
existing board of 3 school directors, 
the clerk or secretary of the board of
school directors shall 
certify the proposition to the proper election
authorities for 
submission to the electors of the district at a regular

scheduled election in accordance with the general election law.  
If the
proposition is approved by a majority of those voting on 
the proposition, the
members of the board of school directors 
of that district thereafter shall be
elected in the manner 
provided by subsection (c) of Section 10-4.

    (c)  A board of school directors 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. 90-757, eff. 8-14-98.)

 



    (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 except as

otherwise provided in subsection (a-5) of Section 11B-7 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 or a school treasurer, and shall not be a child
sex 
offender as defined in Section 11-9.3 of the
Criminal Code of 
1961.  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 secretary of 
the board of education or with
a person designated by the board 
to receive nominating petitions 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 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 11A-8, 11B-7, or 12-2 of this Act 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. 93-309, eff. 1-1-04.)

 
    (105 ILCS 5/32-3.5 new)

    Sec. 32-3.5. Student board member. The governing board of a 
special charter district 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.
 



    (105 ILCS 5/33-1)  (from Ch. 122, par. 33-1)


    Sec. 33-1. Board of Education - Election - Terms. In all 
school districts,
including special charter districts having a 
population of 100,000 and not
more than 500,000, which adopt 
this Article, as hereinafter provided, there
shall be 
maintained a system of free schools in charge of a board of 
education,
which shall be a body politic and corporate by the 
name of "Board of Education
of the City of....".  The board 
shall consist of 7 members elected by the
voters of the 
district. Except as provided in Section 33-1b of this Act,
the 
regular election for members of the board shall be held on the 
first
Tuesday of April in odd numbered years and on the third 
Tuesday of March
in even numbered years. The law governing the 
registration of voters for
the primary election shall apply to 
the regular election.  At the first
regular election 7 persons 
shall be elected as members of the board. The
person who 
receives the greatest number of votes shall be elected for a

term of 5 years.  The 2 persons who receive the second and third 
greatest
number of votes shall be elected for a term of 4 
years.  The person who
receives the fourth greatest number of 
votes shall be elected
for a term of 3 years.  The 2 persons who 
receive the fifth and sixth greatest
number of votes shall be 
elected for a term of 2 years.  The person who
receives the 
seventh greatest number of votes shall be elected for a term
of 
1 year. Thereafter, at each regular election for members of the 
board,
the successors of the members whose terms expire in the 
year of election
shall be elected for a term of 5 years.  All 
terms shall commence on July
1 next succeeding the elections.  
Any vacancy occurring in the membership
of the board shall be 
filled by appointment until the next regular election
for 
members of the board.

    In any school district which has adopted this Article, a 
proposition for
the election of board members by school board 
district rather than at large
may be submitted to the voters of 
the district at the regular school election
of any year in the 
manner provided in Section 9-22.  If the proposition
is approved 
by a majority of those voting on the propositions, the board

shall divide the school district into 7 school board districts 
as provided
in Section 9-22.  At the regular school election in 
the year following the
adoption of such proposition, one member 
shall be elected from each school
board district, and the 7 
members so elected shall, by lot, determine one
to serve for 
one year, 2 for 2 years, one for 3 years, 2 for 4 years, and
one 
for 5 years. Thereafter their respective successors shall be 
elected
for terms of 5 years.  The terms of all incumbent 
members expire July 1
of the year following the adoption of 
such a proposition.

    Any school district which has adopted this Article may, by 
referendum in
accordance with Section 33-1a, adopt the method 
of electing members of the
board of education provided in that 
Section.

    Reapportionment of the voting districts provided for in 
this Article or
created pursuant to a court order, shall be 
completed pursuant to
Section 33-1c.

    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. 82-1014; 86-1331.)

 



    (105 ILCS 5/34-3)  (from Ch. 122, par. 34-3)


    Sec. 34-3. Chicago School Reform Board of Trustees; new 
Chicago Board of
Education; members; term; vacancies.

    (a) Within 30 days after the effective date of this 
amendatory Act of
1995, the terms of all members of the Chicago 
Board of Education
holding office on that date are abolished 
and the Mayor shall appoint,
without the consent or approval of 
the City Council, a 5 member
Chicago School Reform Board of 
Trustees which shall take office upon the
appointment of the 
fifth member.  The Chicago School
Reform Board of Trustees and 
its members
shall serve until, and the terms of all members of 
the Chicago School
Reform Board of Trustees shall expire on, 
June 30, 1999 or upon the
appointment of a new Chicago Board of 
Education as provided
in subsection (b), whichever is later.  
Any vacancy in the membership of
the Trustees shall be filled 
through appointment by the Mayor,
without the consent or 
approval of the City Council, for the unexpired term.
One of 
the members appointed by the Mayor to the Trustees shall
be 
designated by the Mayor to serve as President of the Trustees.  
The
Mayor shall appoint a full-time, compensated
chief 
executive officer, and his or her compensation as such chief 
executive
officer shall be determined by the Mayor.  The Mayor, 
at his or her discretion,
may appoint the President to serve 
simultaneously as the chief executive
officer. 

    (b) Within 30 days before the expiration of the terms of 
the members of
the Chicago Reform Board of Trustees as provided 
in subsection (a), a new
Chicago Board of Education consisting 
of 7 members shall be appointed by the
Mayor to take office on 
the later of July 1, 1999 or the appointment of the
seventh 
member.  Three of the members initially so appointed under this

subsection shall serve for terms ending June 30, 2002, 4 of the 
members
initially so appointed under this subsection shall 
serve for terms ending
June 30, 2003, and each member initially 
so appointed shall continue to hold
office until his or her 
successor is appointed and qualified.  Thereafter at
the 
expiration of the term of any member a successor
shall be 
appointed by the Mayor and shall hold office for a term of 4 
years,
from July 1 of the year in which the term commences and 
until a successor
is appointed and qualified.  Any vacancy in 
the membership of the Chicago Board
of Education shall be 
filled through appointment by the Mayor for the
unexpired term.  
No appointment to membership on the
Chicago Board of Education 
that is made by the Mayor under
this subsection shall require 
the approval of the City
Council, whether the appointment is 
made for a full term or to fill a vacancy
for an unexpired term 
on the Board.  The board shall elect annually from its
number a 
president and vice-president, in such
manner and at such
time 
as the board determines by its rules.  The officers so elected 
shall each
perform the duties imposed upon their respective 
office by the rules of the
board, provided that (i) the 
president shall preside at meetings of the board
and vote as 
any other member but have no power of veto, and (ii) the vice

president shall perform the duties of the president if that 
office is vacant or
the president is absent or unable to act.

The secretary of the Board shall be selected by the Board and 
shall be an
employee of the Board rather than a member of the 
Board, notwithstanding
subsection (d) of Section 34-3.3.  The 
duties of the secretary shall be
imposed by the rules of the 
Board.

    (c) The board 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. 89-15, eff. 5-30-95; 90-811, eff. 1-26-99; 
90-815, eff.
2-11-99.)



 
    Section 99. Effective date. This Act takes effect July 1, 
2005.