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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | ||||||
5 | 10-10.5 as follows: | ||||||
6 | (105 ILCS 5/10-10.5) | ||||||
7 | Sec. 10-10.5. Community unit school district or combined | ||||||
8 | school district formation; school board election. | ||||||
9 | (a) Except as otherwise provided in subsection (b) or (c) | ||||||
10 | of this Section, for community unit school districts formed | ||||||
11 | before January 1, 1975 and for combined school districts formed | ||||||
12 | before July 1, 1983, the following provisions apply: | ||||||
13 | (1) if the territory of the district is greater than 2 | ||||||
14 | congressional townships or 72 square miles, then not more | ||||||
15 | than 3 board members may be selected from any one | ||||||
16 | congressional township, except that congressional | ||||||
17 | townships of less than 100 inhabitants shall not be | ||||||
18 | considered for the purpose of this mandatory board | ||||||
19 | representation; | ||||||
20 | (2) if in the community unit school district or | ||||||
21 | combined school district at least 75% but not more than 90% | ||||||
22 | of the population is in one congressional township, then 4 | ||||||
23 | board members shall be selected from the congressional |
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1 | township and 3 board members shall be selected from the | ||||||
2 | rest of the district, except that if in the community unit | ||||||
3 | school district or combined school district more than 90% | ||||||
4 | of the population is in one congressional township, then | ||||||
5 | all board members may be selected from one or more | ||||||
6 | congressional townships; and | ||||||
7 | (3) if the territory of any community unit school | ||||||
8 | district or combined school district consists of not more | ||||||
9 | than 2 congressional townships or 72 square miles, but | ||||||
10 | consists of more than one congressional township or 36 | ||||||
11 | square miles, outside of the corporate limits of any city, | ||||||
12 | village, or incorporated town within the school district, | ||||||
13 | then not more than 5 board members may be selected from any | ||||||
14 | city, village, or incorporated town in the school district. | ||||||
15 | (b)(1) The provisions of subsection (a) of this Section for | ||||||
16 | mandatory board representation shall no longer apply to a | ||||||
17 | community unit school district formed before January 1, 1975, | ||||||
18 | to a combined school district formed before July 1, 1983, or to | ||||||
19 | community consolidated school districts, and the members of the | ||||||
20 | board of education shall be elected at large from within the | ||||||
21 | school district and without restriction by area of residence | ||||||
22 | within the district if both of the following conditions are met | ||||||
23 | with respect to that district: | ||||||
24 | (A) A proposition for the election of board members at | ||||||
25 | large and without restriction by area of residence within | ||||||
26 | the school district rather than in accordance with the |
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1 | provisions of subsection (a) of this Section for mandatory | ||||||
2 | board representation is submitted to the school district's | ||||||
3 | voters at a regular school election or at the general | ||||||
4 | election as provided in this subsection (b). | ||||||
5 | (B) A majority of those voting at the election in each | ||||||
6 | congressional township comprising the territory of the | ||||||
7 | school district, including any congressional township of | ||||||
8 | less than 100 inhabitants, vote in favor of the proposition | ||||||
9 | or two-thirds of all voters voting on the proposition vote | ||||||
10 | in favor of the proposition. | ||||||
11 | (2) The school board may, by resolution, order | ||||||
12 | submitted or, upon the petition of the lesser of 2,500 or | ||||||
13 | 5% of the school district's registered voters, shall order | ||||||
14 | submitted to the school district's voters, at a regular | ||||||
15 | school election or at the general election, the proposition | ||||||
16 | for the election of board members at large and without | ||||||
17 | restriction by area of residence within the district rather | ||||||
18 | than in accordance with the provisions of subsection (a) of | ||||||
19 | this Section for mandatory board representation; and the | ||||||
20 | proposition shall thereupon be certified by the board's | ||||||
21 | secretary for submission. | ||||||
22 | (3) If a majority of those voting at the election in | ||||||
23 | each congressional township comprising the territory of | ||||||
24 | the school district, including any congressional township | ||||||
25 | of less than 100 inhabitants, vote in favor of the | ||||||
26 | proposition or if two-thirds of all voters voting on the |
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1 | proposition vote in favor of the proposition: | ||||||
2 | (A) the proposition to elect board members at large | ||||||
3 | and without restriction by area of residence within the | ||||||
4 | district shall be deemed to have passed, | ||||||
5 | (B) new members of the board shall be elected at | ||||||
6 | large and without restriction by area of residence | ||||||
7 | within the district at the next regular school | ||||||
8 | election, and | ||||||
9 | (C) the terms of office of the board members | ||||||
10 | incumbent at the time the proposition is adopted shall | ||||||
11 | expire when the new board members that are elected at | ||||||
12 | large and without restriction by area of residence | ||||||
13 | within the district have organized in accordance with | ||||||
14 | Section 10-16. | ||||||
15 | (4) In a community unit school district, a combined | ||||||
16 | school district, or a community consolidated school | ||||||
17 | district that formerly elected its members under | ||||||
18 | subsection (a) of this Section to successive terms not | ||||||
19 | exceeding 4 years, the members elected at large and without | ||||||
20 | restriction by area of residence within the district shall | ||||||
21 | be elected for a term of 4 years, and in a community unit | ||||||
22 | school district or combined school district that formerly | ||||||
23 | elected its members under subsection (a) of this Section to | ||||||
24 | successive terms not exceeding 6 years, the members elected | ||||||
25 | at large and without restriction by area of residence | ||||||
26 | within the district shall be elected for a term of 6 years; |
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1 | provided that in each case the terms of the board members | ||||||
2 | initially elected at large and without restriction by area | ||||||
3 | of residence within the district as provided in this | ||||||
4 | subsection (b) shall be staggered and determined in | ||||||
5 | accordance with the provisions of Sections 10-10 and 10-16 | ||||||
6 | of this Code.
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7 | (c) If a school board fills a vacancy under Section 10-10 | ||||||
8 | of this Code due to a lack of candidates for election in a | ||||||
9 | congressional township in the most recent election, then the | ||||||
10 | school board shall, by resolution, order submitted to the | ||||||
11 | school district's voters at the next general election a | ||||||
12 | proposition for the election of a board member at large without | ||||||
13 | restriction by area of residence within the district and the | ||||||
14 | proposition shall be certified by the school board's secretary | ||||||
15 | for submission. | ||||||
16 | (Source: P.A. 99-91, eff. 1-1-16 .)
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