Illinois General Assembly - Full Text of SB2402
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Full Text of SB2402  102nd General Assembly

SB2402 102ND GENERAL ASSEMBLY


 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2402

 

Introduced 2/26/2021, by Sen. Thomas Cullerton

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-10  from Ch. 122, par. 10-10

    Amends the School Code. Makes a technical change in a Section concerning boards of education.


LRB102 17466 CMG 22963 b

 

 

A BILL FOR

 

SB2402LRB102 17466 CMG 22963 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
510-10 as follows:
 
6    (105 ILCS 5/10-10)  (from Ch. 122, par. 10-10)
7    Sec. 10-10. Board of education; term; vacancy. All school
8districts having a population of not fewer than 1,000 and and
9not more than 500,000 inhabitants, as ascertained by any
10special or general census, and not governed by special Acts,
11shall be governed by a board of education consisting of 7
12members, serving without compensation except as herein
13provided. Each member shall be elected for a term of 4 years
14for the initial members of the board of education of a combined
15school district to which that subsection applies. If 5 members
16are elected in 1983 pursuant to the extension of terms
17provided by law for transition to the consolidated election
18schedule under the general election law, 2 of those members
19shall be elected to serve terms of 2 years and 3 shall be
20elected to serve terms of 4 years; their successors shall
21serve for a 4 year term. When the voters of a district have
22voted to elect members of the board of education for 6 year
23terms, as provided in Section 9-5, the terms of office of

 

 

SB2402- 2 -LRB102 17466 CMG 22963 b

1members of the board of education of that district expire when
2their successors assume office but not later than 7 days after
3such election. If at the regular school election held in the
4first odd-numbered year after the determination to elect
5members for 6 year terms 2 members are elected, they shall
6serve for a 6 year term; and of the members elected at the next
7regular school election 3 shall serve for a term of 6 years and
82 shall serve a term of 2 years. Thereafter members elected in
9such districts shall be elected to a 6 year term. If at the
10regular school election held in the first odd-numbered year
11after the determination to elect members for 6 year terms 3
12members are elected, they shall serve for a 6 year term; and of
13the members elected at the next regular school election 2
14shall serve for a term of 2 years and 2 shall serve for a term
15of 6 years. Thereafter members elected in such districts shall
16be elected to a 6 year term. If at the regular school election
17held in the first odd-numbered year after the determination to
18elect members for 6 year terms 4 members are elected, 3 shall
19serve for a term of 6 years and one shall serve for a term of 2
20years; and of the members elected at the next regular school
21election 2 shall serve for terms of 6 years and 2 shall serve
22for terms of 2 years. Thereafter members elected in such
23districts shall be elected to a 6 year term. If at the regular
24school election held in the first odd-numbered year after the
25determination to elect members for a 6 year term 5 members are
26elected, 3 shall serve for a term of 6 years and 2 shall serve

 

 

SB2402- 3 -LRB102 17466 CMG 22963 b

1for a term of 2 years; and of the members elected at the next
2regular school election 2 shall serve for terms of 6 years and
32 shall serve for terms of 2 years. Thereafter members elected
4in such districts shall be elected to a 6 year term. An
5election for board members shall not be held in school
6districts which by consolidation, annexation or otherwise
7shall cease to exist as a school district within 6 months after
8the election date, and the term of all board members which
9would otherwise terminate shall be continued until such
10district shall cease to exist. Each member, on the date of his
11or her election, shall be a citizen of the United States of the
12age of 18 years or over, shall be a resident of the State and
13the territory of the district for at least one year
14immediately preceding his or her election, shall be a
15registered voter as provided in the general election law,
16shall not be a school trustee, must not have been removed from
17a school board pursuant to Section 2-3.25f-5 of this Code
18(unless subsequently appointed as a member of an Independent
19Authority or if it has been 10 years since the abolition of the
20Independent Authority in the district), and shall not be a
21child sex offender as defined in Section 11-9.3 of the
22Criminal Code of 2012. When the board of education is the
23successor of the school directors, all rights of property, and
24all rights regarding causes of action existing or vested in
25such directors, shall vest in it as fully as they were vested
26in the school directors. Terms of members are subject to

 

 

SB2402- 4 -LRB102 17466 CMG 22963 b

1Section 2A-54 of the Election Code.
2    Nomination papers filed under this Section are not valid
3unless the candidate named therein files with the county clerk
4or the county board of election commissioners, as the case may
5be, of the county in which the principal office of the school
6district is located a receipt from the county clerk showing
7that the candidate has filed a statement of economic interests
8as required by the Illinois Governmental Ethics Act. Such
9receipt shall be so filed either previously during the
10calendar year in which his nomination papers were filed or
11within the period for the filing of nomination papers in
12accordance with the general election law.
13    Whenever a vacancy occurs, the remaining members shall
14notify the regional superintendent of that vacancy within 5
15days after its occurrence and shall proceed to fill the
16vacancy until the next regular school election, at which
17election a successor shall be elected to serve the remainder
18of the unexpired term. However, if the vacancy occurs with
19less than 868 days remaining in the term, or if the vacancy
20occurs less than 88 days before the next regularly scheduled
21election for this office then the person so appointed shall
22serve the remainder of the unexpired term, and no election to
23fill the vacancy shall be held. Should they fail so to act,
24within 60 days after the vacancy occurs, the regional
25superintendent of schools under whose supervision and control
26the district is operating, as defined in Section 3-14.2 of

 

 

SB2402- 5 -LRB102 17466 CMG 22963 b

1this Act, shall within 30 days after the remaining members
2have failed to fill the vacancy, fill the vacancy as provided
3for herein. Upon the regional superintendent's failure to fill
4the vacancy, the vacancy shall be filled at the next regularly
5scheduled election. Whether elected or appointed by the
6remaining members or regional superintendent, the successor
7shall be an inhabitant of the particular area from which his or
8her predecessor was elected if the residential requirements
9contained in Section 10-10.5 or 12-2 of this Code apply.
10    A board of education may appoint a student to the board to
11serve in an advisory capacity. The student member shall serve
12for a term as determined by the board. The board may not grant
13the student member any voting privileges, but shall consider
14the student member as an advisor. The student member may not
15participate in or attend any executive session of the board.
16(Source: P.A. 101-67, eff. 1-1-20.)