Full Text of SB1638 94th General Assembly
SB1638eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Sections | 5 |
| 10-1 and 10-10 as follows:
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| (105 ILCS 5/10-1) (from Ch. 122, par. 10-1)
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| Sec. 10-1. Board
of school directors.
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| (a) School districts having a population of fewer than 1000 | 9 |
| inhabitants
and
not governed by any special act shall be | 10 |
| governed by a board of school
directors to consist of 3 members | 11 |
| who shall be elected in the manner
provided in Article 9 of | 12 |
| this Act. In consolidated districts and in districts
in which | 13 |
| the membership of the board of school directors is increased as
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| provided in subsection (b), 7 members
shall be so elected.
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| (b) Upon presentment to the board of school directors of a | 16 |
| school district
having a population of fewer than 1,000 | 17 |
| inhabitants of a petition signed by the
lesser of 5% or 25 of | 18 |
| the registered voters of the district to increase the
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| membership of the district's board of school directors to 7 | 20 |
| directors and to
elect a new 7-member board of school directors | 21 |
| to replace the district's
existing board of 3 school directors, | 22 |
| the clerk or secretary of the board of
school directors shall | 23 |
| certify the proposition to the proper election
authorities for | 24 |
| submission to the electors of the district at a regular
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| scheduled election in accordance with the general election law. | 26 |
| If the
proposition is approved by a majority of those voting on | 27 |
| the proposition, the
members of the board of school directors | 28 |
| of that district thereafter shall be
elected in the manner | 29 |
| provided by subsection (c) of Section 10-4.
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| (c) A board of school directors may appoint a student to | 31 |
| the board to serve in an advisory capacity. The student member | 32 |
| shall serve for a term as determined by the board. The board |
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| may not grant the student member any voting privileges, but | 2 |
| shall consider the student member as an advisor.
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| (Source: P.A. 90-757, eff. 8-14-98.)
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| (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
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| Sec. 10-10. Board of education; Term; Vacancy. All school | 6 |
| districts
having a population of not fewer than 1,000 and not | 7 |
| more than 500,000
inhabitants, as ascertained by any special or | 8 |
| general census, and not
governed by special Acts, shall be | 9 |
| governed by a board of education
consisting of 7 members, | 10 |
| serving without compensation except as herein
provided. Each | 11 |
| member shall be elected for a term of 4 years except as
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| otherwise provided in subsection (a-5) of Section 11B-7 for the | 13 |
| initial members
of the board of education of a combined school | 14 |
| district to which that
subsection applies. If 5 members are | 15 |
| elected in 1983 pursuant to the extension
of terms provided by
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| law for transition to the consolidated election schedule under | 17 |
| the general
election law, 2 of those members shall be elected | 18 |
| to serve terms of 2 years
and 3 shall be elected to serve terms | 19 |
| of 4 years; their successors shall
serve for a 4 year term. | 20 |
| When the voters of a district have voted to elect
members of | 21 |
| the board of education for 6 year terms, as provided in Section
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| 9-5, the terms of office of members of the board of education | 23 |
| of that
district expire when their successors assume office but | 24 |
| not later than 7
days after such election. If at the regular | 25 |
| school election held in the
first odd-numbered year after the | 26 |
| determination to elect members for 6 year
terms 2 members are | 27 |
| elected, they shall serve for a 6 year term; and of the
members | 28 |
| elected at the next regular school election 3 shall serve for a
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| term of 6 years and 2 shall serve a term of 2 years. Thereafter | 30 |
| members
elected in such districts shall be elected to a 6 year | 31 |
| term. If at the
regular school election held in the first | 32 |
| odd-numbered year after the
determination to elect members for | 33 |
| 6 year terms 3 members are elected, they
shall serve for a 6 | 34 |
| year term; and of the members elected at the next
regular | 35 |
| school election 2 shall serve for a term of 2 years and 2 shall
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| serve for a term of 6 years. Thereafter members elected in such | 2 |
| districts
shall be elected to a 6 year term. If at the regular | 3 |
| school election held
in the first odd-numbered year after the | 4 |
| determination to elect members for
6 year terms 4 members are | 5 |
| elected, 3 shall serve for a term of 6 years and
one shall | 6 |
| serve for a term of 2 years; and of the members elected at the
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| next regular school election 2 shall serve for terms of 6 years | 8 |
| and 2 shall
serve for terms of 2 years. Thereafter members | 9 |
| elected in such districts
shall be elected to a 6 year term. If | 10 |
| at the regular school election held
in the first odd-numbered | 11 |
| year after the determination to elect members for
a 6 year term | 12 |
| 5 members are elected, 3 shall serve for a term of 6 years
and 2 | 13 |
| shall serve for a term of 2 years; and of the members elected | 14 |
| at the
next regular school election 2 shall serve for terms of | 15 |
| 6 years and 2 shall
serve for terms of 2 years. Thereafter | 16 |
| members elected in such districts
shall be elected to a 6 year | 17 |
| term. An election for board members shall not
be held in school | 18 |
| districts which by consolidation, annexation or otherwise
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| shall cease to exist as a school district within 6 months after | 20 |
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election date, and the term of all board members which | 21 |
| would otherwise
terminate shall be continued until such | 22 |
| district shall cease to exist. Each
member, on the date of his | 23 |
| or her election, shall be a
citizen of the United
States of the | 24 |
| age of 18 years or over, shall be a resident of the State and
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| the
territory of the district for at least one year immediately | 26 |
| preceding his or
her
election, shall be a registered voter as | 27 |
| provided in the general election
law,
shall not be a school | 28 |
| trustee or a school treasurer, and shall not be a child
sex | 29 |
| offender as defined in Section 11-9.3 of the
Criminal Code of | 30 |
| 1961. When the board of
education is the successor of the | 31 |
| school directors, all rights of property,
and all rights | 32 |
| regarding causes of action existing or vested in such
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| directors, shall vest in it as fully as they were vested in the | 34 |
| school
directors. Terms of members are subject to Section 2A-54 | 35 |
| of the Election Code.
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| Nomination papers filed under this Section are not valid |
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| unless the candidate
named therein files with the secretary of | 2 |
| the board of education or with
a person designated by the board | 3 |
| to receive nominating petitions a receipt
from the county clerk | 4 |
| showing that the candidate has filed a statement of
economic | 5 |
| interests as required by the Illinois Governmental Ethics Act.
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| Such receipt shall be so filed either previously during the | 7 |
| calendar year
in which his nomination papers were filed or | 8 |
| within the period for the filing
of nomination papers in | 9 |
| accordance with the general election law.
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| Whenever a vacancy occurs, the remaining members shall | 11 |
| notify the
regional superintendent of that vacancy within 5 | 12 |
| days after its occurrence
and shall proceed to fill the vacancy | 13 |
| until the next regular school
election, at which election a | 14 |
| successor shall be elected to serve the
remainder of the | 15 |
| unexpired term. However, if the vacancy occurs with less
than | 16 |
| 868 days remaining in the term, or if the vacancy occurs
less | 17 |
| than 88
days before the next regularly scheduled election for | 18 |
| this office then the
person so appointed shall serve the | 19 |
| remainder of the unexpired term, and no
election to fill the | 20 |
| vacancy shall be held. Should they fail so to
act, within 45 | 21 |
| days after the vacancy occurs, the regional superintendent
of | 22 |
| schools under whose supervision and control the district is | 23 |
| operating,
as defined in Section 3-14.2 of this Act, shall | 24 |
| within 30 days after the
remaining members have failed to fill | 25 |
| the vacancy, fill the vacancy as
provided for herein. Upon the | 26 |
| regional superintendent's failure to fill the
vacancy, the | 27 |
| vacancy shall be filled at the next regularly scheduled
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| election. Whether elected or appointed by the remaining members | 29 |
| or regional
superintendent, the successor shall be an | 30 |
| inhabitant of the particular area
from which his or her | 31 |
| predecessor was elected if the residential requirements
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| contained in Section 11A-8, 11B-7, or 12-2 of this Act apply.
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| A board of education may appoint a student to the board to | 34 |
| serve in an advisory capacity. The student member shall serve | 35 |
| for a term as determined by the board. The board may not grant | 36 |
| the student member any voting privileges, but shall consider |
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| the student member as an advisor.
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| (Source: P.A. 93-309, eff. 1-1-04.)
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| Section 99. Effective date. This Act takes effect July 1, | 4 |
| 2005.
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