Full Text of SB3602 101st General Assembly
SB3602 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3602 Introduced 2/14/2020, by Sen. David Koehler SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/33-1 | from Ch. 122, par. 33-1 | 105 ILCS 5/33-4 | from Ch. 122, par. 33-4 |
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Amends the Article of the School Code concerning school districts from 100,000 to 500,000 inhabitants. Provides that a board of education member shall be elected for a term of 4 years (rather than 5 years) and shall serve until his or her successor is elected and has qualified. Provides that the term of a board of education member commences after (i) the election authority has canvassed the votes and proclaimed the results and (ii) the member-elect has taken the oath of office (rather than on July 1). Specifies that a board of education shall have all of the rights, powers, and duties as are provided for other school boards under the School Boards Article of the Code. Effective immediately.
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| | A BILL FOR |
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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 Sections | 5 | | 33-1 and 33-4 as follows:
| 6 | | (105 ILCS 5/33-1) (from Ch. 122, par. 33-1)
| 7 | | Sec. 33-1. Board of education; election; terms Education - | 8 | | Election - Terms . In all school districts,
including special | 9 | | charter districts having a population of 100,000 and not
more | 10 | | than 500,000, which adopt this Article, as hereinafter | 11 | | provided, there
shall be maintained a system of free schools in | 12 | | charge of a board of education,
which shall be a body politic | 13 | | and corporate by the name of "Board of Education
of the City | 14 | | of....". The board shall consist of 7 members elected by the
| 15 | | voters of the district. Except as provided in Section 33-1b of | 16 | | this Act,
the regular election for members of the board shall | 17 | | be held at the consolidated election in odd numbered years and | 18 | | at the general primary election
in even numbered years. The law | 19 | | governing the registration of voters for
the primary election | 20 | | shall apply to the regular election. At the first
regular | 21 | | election 7 persons shall be elected as members of the board. | 22 | | The
person who receives the greatest number of votes shall be | 23 | | elected for a
term of 5 years. The 2 persons who receive the |
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| 1 | | second and third greatest
number of votes shall be elected for | 2 | | a term of 4 years. The person who
receives the fourth greatest | 3 | | number of votes shall be elected
for a term of 3 years. The 2 | 4 | | persons who receive the fifth and sixth greatest
number of | 5 | | votes shall be elected for a term of 2 years. The person who
| 6 | | receives the seventh greatest number of votes shall be elected | 7 | | for a term
of 1 year. Thereafter, at each regular election for | 8 | | members of the board,
the successors of the members whose terms | 9 | | expire in the year of election
shall be elected for a term of 5 | 10 | | years , except that members of the board elected after the | 11 | | effective date of this amendatory Act of the 101st General | 12 | | Assembly shall be elected for a term of 4 years and shall serve | 13 | | until their successors are elected and have qualified . All | 14 | | terms shall commence after the occurrence of both the | 15 | | following: | 16 | | (1) The election authority has canvassed the votes and | 17 | | proclaimed the results. | 18 | | (2) The member-elect has taken the oath of office on | 19 | | July
1 next succeeding the elections . | 20 | | Any vacancy occurring in the membership
of the board shall | 21 | | be filled by appointment until the next regular election
for | 22 | | members of the board.
| 23 | | In any school district which has adopted this Article, a | 24 | | proposition for
the election of board members by school board | 25 | | district rather than at large
may be submitted to the voters of | 26 | | the district at the regular school election
of any year in the |
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| 1 | | manner provided in Section 9-22. If the proposition
is approved | 2 | | by a majority of those voting on the propositions, the board
| 3 | | shall divide the school district into 7 school board districts | 4 | | as provided
in Section 9-22. At the regular school election in | 5 | | the year following the
adoption of such proposition, one member | 6 | | shall be elected from each school
board district, and the 7 | 7 | | members so elected shall, by lot, determine one
to serve for | 8 | | one year, 2 for 2 years, one for 3 years, 2 for 4 years, and
one | 9 | | for 5 years. Thereafter their respective successors shall be | 10 | | elected
for terms of 5 years , except that members of the board | 11 | | elected after the effective date of this amendatory Act of the | 12 | | 101st General Assembly shall be elected for a term of 4 years | 13 | | and shall serve until their successors are elected and have | 14 | | qualified . The terms of all incumbent members expire July 1
of | 15 | | the year following the adoption of such a proposition.
| 16 | | Any school district which has adopted this Article may, by | 17 | | referendum in
accordance with Section 33-1a, adopt the method | 18 | | of electing members of the
board of education provided in that | 19 | | Section.
| 20 | | Reapportionment of the voting districts provided for in | 21 | | this Article or
created pursuant to a court order, shall be | 22 | | completed pursuant to
Section 33-1c.
| 23 | | A board of education may appoint a student to the board to | 24 | | serve in an advisory capacity. The student member shall serve | 25 | | for a term as determined by the board. The board may not grant | 26 | | the student member any voting privileges, but shall consider |
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| 1 | | the student member as an advisor. The student member may not | 2 | | participate in or attend any executive session of the board.
| 3 | | (Source: P.A. 94-231, eff. 7-14-05; 95-6, eff. 6-20-07.)
| 4 | | (105 ILCS 5/33-4) (from Ch. 122, par. 33-4)
| 5 | | Sec. 33-4. Rights, powers , and duties of board. The board | 6 | | of education shall succeed to all rights, powers , and duties of
| 7 | | the former governing body of the district and shall have all of | 8 | | the rights, powers, and duties as are provided for other school | 9 | | boards under Article 10 .
| 10 | | (Source: Laws 1961, p. 31.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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