Full Text of HB2802 101st General Assembly
HB2802enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 10-10 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 | 8 | | districts
having a population of not fewer than 1,000 and not | 9 | | more than 500,000
inhabitants, as ascertained by any special or | 10 | | general census, and not
governed by special Acts, shall be | 11 | | governed by a board of education
consisting of 7 members, | 12 | | serving without compensation except as herein
provided. Each | 13 | | member shall be elected for a term of 4 years for the initial | 14 | | members
of the board of education of a combined school district | 15 | | to which that
subsection applies. If 5 members are elected in | 16 | | 1983 pursuant to the extension
of terms provided by
law for | 17 | | transition to the consolidated election schedule under the | 18 | | general
election law, 2 of those members shall be elected to | 19 | | serve terms of 2 years
and 3 shall be elected to serve terms of | 20 | | 4 years; their successors shall
serve for a 4 year term. When | 21 | | the voters of a district have voted to elect
members of the | 22 | | board of education for 6 year terms, as provided in Section
| 23 | | 9-5, the terms of office of members of the board of education |
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| 1 | | of that
district expire when their successors assume office but | 2 | | not later than 7
days after such election. 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 2 members are | 5 | | elected, they shall serve for a 6 year term; and of the
members | 6 | | elected at the next regular school election 3 shall serve for a
| 7 | | term of 6 years and 2 shall serve a term of 2 years. Thereafter | 8 | | members
elected in such districts shall be elected to a 6 year | 9 | | term. If at the
regular school election held in the first | 10 | | odd-numbered year after the
determination to elect members for | 11 | | 6 year terms 3 members are elected, they
shall serve for a 6 | 12 | | year term; and of the members elected at the next
regular | 13 | | school election 2 shall serve for a term of 2 years and 2 shall
| 14 | | serve for a term of 6 years. Thereafter members elected in such | 15 | | districts
shall be elected to a 6 year term. If at the regular | 16 | | school election held
in the first odd-numbered year after the | 17 | | determination to elect members for
6 year terms 4 members are | 18 | | elected, 3 shall serve for a term of 6 years and
one shall | 19 | | serve for a term of 2 years; and of the members elected at the
| 20 | | next regular school election 2 shall serve for terms of 6 years | 21 | | and 2 shall
serve for terms of 2 years. Thereafter members | 22 | | elected in such districts
shall be elected to a 6 year term. If | 23 | | at the regular school election held
in the first odd-numbered | 24 | | year after the determination to elect members for
a 6 year term | 25 | | 5 members are elected, 3 shall serve for a term of 6 years
and 2 | 26 | | shall serve for a term of 2 years; and of the members elected |
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| 1 | | at the
next regular school election 2 shall serve for terms of | 2 | | 6 years and 2 shall
serve for terms of 2 years. Thereafter | 3 | | members elected in such districts
shall be elected to a 6 year | 4 | | term. An election for board members shall not
be held in school | 5 | | districts which by consolidation, annexation or otherwise
| 6 | | shall cease to exist as a school district within 6 months after | 7 | | the
election date, and the term of all board members which | 8 | | would otherwise
terminate shall be continued until such | 9 | | district shall cease to exist. Each
member, on the date of his | 10 | | or her election, shall be a
citizen of the United
States of the | 11 | | age of 18 years or over, shall be a resident of the State and
| 12 | | the
territory of the district for at least one year immediately | 13 | | preceding his or
her
election, shall be a registered voter as | 14 | | provided in the general election
law,
shall not be a school | 15 | | trustee, must not have been removed from a school board | 16 | | pursuant to Section 2-3.25f-5 of this Code (unless subsequently | 17 | | appointed as a member of an Independent Authority or if it has | 18 | | been 10 years since the abolition of the Independent Authority | 19 | | in the district), and shall not be a child
sex offender as | 20 | | defined in Section 11-9.3 of the
Criminal Code of 2012. When | 21 | | the board of
education is the successor of the school | 22 | | directors, all rights of property,
and all rights regarding | 23 | | causes of action existing or vested in such
directors, shall | 24 | | vest in it as fully as they were vested in the school
| 25 | | directors. Terms of members are subject to Section 2A-54 of the | 26 | | Election Code.
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| 1 | | Nomination papers filed under this Section are not valid | 2 | | unless the candidate
named therein files with the county clerk | 3 | | or the county board of election commissioners, as the case may | 4 | | be, of the county in which the principal office of the school | 5 | | district is located a receipt
from the county clerk showing | 6 | | that the candidate has filed a statement of
economic interests | 7 | | as required by the Illinois Governmental Ethics Act.
Such | 8 | | receipt shall be so filed either previously during the calendar | 9 | | year
in which his nomination papers were filed or within the | 10 | | period for the filing
of nomination papers in accordance with | 11 | | the general election law.
| 12 | | Whenever a vacancy occurs, the remaining members shall | 13 | | notify the
regional superintendent of that vacancy within 5 | 14 | | days after its occurrence
and shall proceed to fill the vacancy | 15 | | until the next regular school
election, at which election a | 16 | | successor shall be elected to serve the
remainder of the | 17 | | unexpired term. However, if the vacancy occurs with less
than | 18 | | 868 days remaining in the term, or if the vacancy occurs
less | 19 | | than 88
days before the next regularly scheduled election for | 20 | | this office then the
person so appointed shall serve the | 21 | | remainder of the unexpired term, and no
election to fill the | 22 | | vacancy shall be held. Should they fail so to
act, within 60 45 | 23 | | days after the vacancy occurs, the regional superintendent
of | 24 | | schools under whose supervision and control the district is | 25 | | operating,
as defined in Section 3-14.2 of this Act, shall | 26 | | within 30 days after the
remaining members have failed to fill |
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| 1 | | the vacancy, fill the vacancy as
provided for herein. Upon the | 2 | | regional superintendent's failure to fill the
vacancy, the | 3 | | vacancy shall be filled at the next regularly scheduled
| 4 | | election. Whether elected or appointed by the remaining members | 5 | | or regional
superintendent, the successor shall be an | 6 | | inhabitant of the particular area
from which his or her | 7 | | predecessor was elected if the residential requirements
| 8 | | contained in Section 10-10.5 or 12-2 of this Code apply.
| 9 | | A board of education may appoint a student to the board to | 10 | | serve in an advisory capacity. The student member shall serve | 11 | | for a term as determined by the board. The board may not grant | 12 | | the student member any voting privileges, but shall consider | 13 | | the student member as an advisor. The student member may not | 14 | | participate in or attend any executive session of the board.
| 15 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-115, eff. 7-29-13; | 16 | | 98-1155, eff. 1-9-15.)
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