Full Text of SB1638 94th General Assembly
SB1638enr 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, 10-10, 33-1, and 34-3 and by adding Section 32-3.5 as | 6 |
| 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 | 10 |
| inhabitants
and
not governed by any special act shall be | 11 |
| governed by a board of school
directors to consist of 3 members | 12 |
| who shall be elected in the manner
provided in Article 9 of | 13 |
| this Act. In consolidated districts and in districts
in which | 14 |
| 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 | 17 |
| school district
having a population of fewer than 1,000 | 18 |
| inhabitants of a petition signed by the
lesser of 5% or 25 of | 19 |
| the registered voters of the district to increase the
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| membership of the district's board of school directors to 7 | 21 |
| directors and to
elect a new 7-member board of school directors | 22 |
| to replace the district's
existing board of 3 school directors, | 23 |
| the clerk or secretary of the board of
school directors shall | 24 |
| certify the proposition to the proper election
authorities for | 25 |
| submission to the electors of the district at a regular
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| scheduled election in accordance with the general election law. | 27 |
| If the
proposition is approved by a majority of those voting on | 28 |
| the proposition, the
members of the board of school directors | 29 |
| of that district thereafter shall be
elected in the manner | 30 |
| provided by subsection (c) of Section 10-4.
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| (c) A board of school directors may appoint a student to | 32 |
| the board to serve in an advisory capacity. The student member |
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| shall serve for a term as determined by the board. The board | 2 |
| may not grant the student member any voting privileges, but | 3 |
| shall consider the student member as an advisor. The student | 4 |
| member may not participate in or attend any executive session | 5 |
| of the board.
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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 | 9 |
| districts
having a population of not fewer than 1,000 and not | 10 |
| more than 500,000
inhabitants, as ascertained by any special or | 11 |
| general census, and not
governed by special Acts, shall be | 12 |
| governed by a board of education
consisting of 7 members, | 13 |
| serving without compensation except as herein
provided. Each | 14 |
| 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 | 16 |
| initial members
of the board of education of a combined school | 17 |
| district to which that
subsection applies. If 5 members are | 18 |
| elected in 1983 pursuant to the extension
of terms provided by
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| law for transition to the consolidated election schedule under | 20 |
| the general
election law, 2 of those members shall be elected | 21 |
| to serve terms of 2 years
and 3 shall be elected to serve terms | 22 |
| of 4 years; their successors shall
serve for a 4 year term. | 23 |
| When the voters of a district have voted to elect
members of | 24 |
| 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 | 26 |
| of that
district expire when their successors assume office but | 27 |
| not later than 7
days after such election. If at the regular | 28 |
| school election held in the
first odd-numbered year after the | 29 |
| determination to elect members for 6 year
terms 2 members are | 30 |
| elected, they shall serve for a 6 year term; and of the
members | 31 |
| 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 | 33 |
| members
elected in such districts shall be elected to a 6 year | 34 |
| term. If at the
regular school election held in the first | 35 |
| odd-numbered year after the
determination to elect members for |
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| 6 year terms 3 members are elected, they
shall serve for a 6 | 2 |
| year term; and of the members elected at the next
regular | 3 |
| 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 | 5 |
| districts
shall be elected to a 6 year term. If at the regular | 6 |
| school election held
in the first odd-numbered year after the | 7 |
| determination to elect members for
6 year terms 4 members are | 8 |
| elected, 3 shall serve for a term of 6 years and
one shall | 9 |
| 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 | 11 |
| and 2 shall
serve for terms of 2 years. Thereafter members | 12 |
| elected in such districts
shall be elected to a 6 year term. If | 13 |
| at the regular school election held
in the first odd-numbered | 14 |
| year after the determination to elect members for
a 6 year term | 15 |
| 5 members are elected, 3 shall serve for a term of 6 years
and 2 | 16 |
| shall serve for a term of 2 years; and of the members elected | 17 |
| at the
next regular school election 2 shall serve for terms of | 18 |
| 6 years and 2 shall
serve for terms of 2 years. Thereafter | 19 |
| members elected in such districts
shall be elected to a 6 year | 20 |
| term. An election for board members shall not
be held in school | 21 |
| districts which by consolidation, annexation or otherwise
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| shall cease to exist as a school district within 6 months after | 23 |
| the
election date, and the term of all board members which | 24 |
| would otherwise
terminate shall be continued until such | 25 |
| district shall cease to exist. Each
member, on the date of his | 26 |
| or her election, shall be a
citizen of the United
States of the | 27 |
| 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 | 29 |
| preceding his or
her
election, shall be a registered voter as | 30 |
| provided in the general election
law,
shall not be a school | 31 |
| trustee or a school treasurer, and shall not be a child
sex | 32 |
| offender as defined in Section 11-9.3 of the
Criminal Code of | 33 |
| 1961. When the board of
education is the successor of the | 34 |
| school directors, all rights of property,
and all rights | 35 |
| 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 |
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| school
directors. Terms of members are subject to Section 2A-54 | 2 |
| of the Election Code.
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| Nomination papers filed under this Section are not valid | 4 |
| unless the candidate
named therein files with the secretary of | 5 |
| the board of education or with
a person designated by the board | 6 |
| to receive nominating petitions a receipt
from the county clerk | 7 |
| showing that the candidate has filed a statement of
economic | 8 |
| interests as required by the Illinois Governmental Ethics Act.
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| Such receipt shall be so filed either previously during the | 10 |
| calendar year
in which his nomination papers were filed or | 11 |
| within the period for the filing
of nomination papers in | 12 |
| accordance with the general election law.
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| Whenever a vacancy occurs, the remaining members shall | 14 |
| notify the
regional superintendent of that vacancy within 5 | 15 |
| days after its occurrence
and shall proceed to fill the vacancy | 16 |
| until the next regular school
election, at which election a | 17 |
| successor shall be elected to serve the
remainder of the | 18 |
| unexpired term. However, if the vacancy occurs with less
than | 19 |
| 868 days remaining in the term, or if the vacancy occurs
less | 20 |
| than 88
days before the next regularly scheduled election for | 21 |
| this office then the
person so appointed shall serve the | 22 |
| remainder of the unexpired term, and no
election to fill the | 23 |
| vacancy shall be held. Should they fail so to
act, within 45 | 24 |
| days after the vacancy occurs, the regional superintendent
of | 25 |
| schools under whose supervision and control the district is | 26 |
| operating,
as defined in Section 3-14.2 of this Act, shall | 27 |
| within 30 days after the
remaining members have failed to fill | 28 |
| the vacancy, fill the vacancy as
provided for herein. Upon the | 29 |
| regional superintendent's failure to fill the
vacancy, the | 30 |
| vacancy shall be filled at the next regularly scheduled
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| election. Whether elected or appointed by the remaining members | 32 |
| or regional
superintendent, the successor shall be an | 33 |
| inhabitant of the particular area
from which his or her | 34 |
| 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 |
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| serve in an advisory capacity. The student member shall serve | 2 |
| for a term as determined by the board. The board may not grant | 3 |
| the student member any voting privileges, but shall consider | 4 |
| the student member as an advisor. The student member may not | 5 |
| participate in or attend any executive session of the board.
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| (Source: P.A. 93-309, eff. 1-1-04.)
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| (105 ILCS 5/32-3.5 new)
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| Sec. 32-3.5. Student board member. The governing board of a | 9 |
| special charter district 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.
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| (105 ILCS 5/33-1) (from Ch. 122, par. 33-1)
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| Sec. 33-1. Board of Education - Election - Terms. In all | 17 |
| school districts,
including special charter districts having a | 18 |
| population of 100,000 and not
more than 500,000, which adopt | 19 |
| this Article, as hereinafter provided, there
shall be | 20 |
| maintained a system of free schools in charge of a board of | 21 |
| education,
which shall be a body politic and corporate by the | 22 |
| name of "Board of Education
of the City of....". The board | 23 |
| shall consist of 7 members elected by the
voters of the | 24 |
| district. Except as provided in Section 33-1b of this Act,
the | 25 |
| regular election for members of the board shall be held on the | 26 |
| first
Tuesday of April in odd numbered years and on the third | 27 |
| Tuesday of March
in even numbered years. The law governing the | 28 |
| registration of voters for
the primary election shall apply to | 29 |
| the regular election. At the first
regular election 7 persons | 30 |
| shall be elected as members of the board. The
person who | 31 |
| receives the greatest number of votes shall be elected for a
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| term of 5 years. The 2 persons who receive the second and third | 33 |
| greatest
number of votes shall be elected for a term of 4 | 34 |
| years. The person who
receives the fourth greatest number of |
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| votes shall be elected
for a term of 3 years. The 2 persons who | 2 |
| receive the fifth and sixth greatest
number of votes shall be | 3 |
| elected for a term of 2 years. The person who
receives the | 4 |
| seventh greatest number of votes shall be elected for a term
of | 5 |
| 1 year. Thereafter, at each regular election for members of the | 6 |
| board,
the successors of the members whose terms expire in the | 7 |
| year of election
shall be elected for a term of 5 years. All | 8 |
| terms shall commence on July
1 next succeeding the elections. | 9 |
| Any vacancy occurring in the membership
of the board shall be | 10 |
| filled by appointment until the next regular election
for | 11 |
| members of the board.
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| In any school district which has adopted this Article, a | 13 |
| proposition for
the election of board members by school board | 14 |
| district rather than at large
may be submitted to the voters of | 15 |
| the district at the regular school election
of any year in the | 16 |
| manner provided in Section 9-22. If the proposition
is approved | 17 |
| by a majority of those voting on the propositions, the board
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| shall divide the school district into 7 school board districts | 19 |
| as provided
in Section 9-22. At the regular school election in | 20 |
| the year following the
adoption of such proposition, one member | 21 |
| shall be elected from each school
board district, and the 7 | 22 |
| members so elected shall, by lot, determine one
to serve for | 23 |
| one year, 2 for 2 years, one for 3 years, 2 for 4 years, and
one | 24 |
| for 5 years. Thereafter their respective successors shall be | 25 |
| elected
for terms of 5 years. The terms of all incumbent | 26 |
| members expire July 1
of the year following the adoption of | 27 |
| such a proposition.
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| Any school district which has adopted this Article may, by | 29 |
| referendum in
accordance with Section 33-1a, adopt the method | 30 |
| of electing members of the
board of education provided in that | 31 |
| Section.
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| Reapportionment of the voting districts provided for in | 33 |
| this Article or
created pursuant to a court order, shall be | 34 |
| completed pursuant to
Section 33-1c.
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| A board of education may appoint a student to the board to | 36 |
| serve in an advisory capacity. The student member shall serve |
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| for a term as determined by the board. The board may not grant | 2 |
| the student member any voting privileges, but shall consider | 3 |
| the student member as an advisor. The student member may not | 4 |
| participate in or attend any executive session of the board.
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| (Source: P.A. 82-1014; 86-1331.)
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| (105 ILCS 5/34-3) (from Ch. 122, par. 34-3)
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| Sec. 34-3. Chicago School Reform Board of Trustees; new | 8 |
| Chicago Board of
Education; members; term; vacancies.
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| (a) Within 30 days after the effective date of this | 10 |
| amendatory Act of
1995, the terms of all members of the Chicago | 11 |
| Board of Education
holding office on that date are abolished | 12 |
| and the Mayor shall appoint,
without the consent or approval of | 13 |
| the City Council, a 5 member
Chicago School Reform Board of | 14 |
| Trustees which shall take office upon the
appointment of the | 15 |
| fifth member. The Chicago School
Reform Board of Trustees and | 16 |
| its members
shall serve until, and the terms of all members of | 17 |
| the Chicago School
Reform Board of Trustees shall expire on, | 18 |
| June 30, 1999 or upon the
appointment of a new Chicago Board of | 19 |
| Education as provided
in subsection (b), whichever is later. | 20 |
| Any vacancy in the membership of
the Trustees shall be filled | 21 |
| through appointment by the Mayor,
without the consent or | 22 |
| approval of the City Council, for the unexpired term.
One of | 23 |
| the members appointed by the Mayor to the Trustees shall
be | 24 |
| designated by the Mayor to serve as President of the Trustees. | 25 |
| The
Mayor shall appoint a full-time, compensated
chief | 26 |
| executive officer, and his or her compensation as such chief | 27 |
| executive
officer shall be determined by the Mayor. The Mayor, | 28 |
| at his or her discretion,
may appoint the President to serve | 29 |
| simultaneously as the chief executive
officer.
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| (b) Within 30 days before the expiration of the terms of | 31 |
| the members of
the Chicago Reform Board of Trustees as provided | 32 |
| in subsection (a), a new
Chicago Board of Education consisting | 33 |
| of 7 members shall be appointed by the
Mayor to take office on | 34 |
| the later of July 1, 1999 or the appointment of the
seventh | 35 |
| member. Three of the members initially so appointed under this
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| subsection shall serve for terms ending June 30, 2002, 4 of the | 2 |
| members
initially so appointed under this subsection shall | 3 |
| serve for terms ending
June 30, 2003, and each member initially | 4 |
| so appointed shall continue to hold
office until his or her | 5 |
| successor is appointed and qualified. Thereafter at
the | 6 |
| expiration of the term of any member a successor
shall be | 7 |
| appointed by the Mayor and shall hold office for a term of 4 | 8 |
| years,
from July 1 of the year in which the term commences and | 9 |
| until a successor
is appointed and qualified. Any vacancy in | 10 |
| the membership of the Chicago Board
of Education shall be | 11 |
| filled through appointment by the Mayor for the
unexpired term. | 12 |
| No appointment to membership on the
Chicago Board of Education | 13 |
| that is made by the Mayor under
this subsection shall require | 14 |
| the approval of the City
Council, whether the appointment is | 15 |
| made for a full term or to fill a vacancy
for an unexpired term | 16 |
| on the Board. The board shall elect annually from its
number a | 17 |
| president and vice-president, in such
manner and at such
time | 18 |
| as the board determines by its rules. The officers so elected | 19 |
| shall each
perform the duties imposed upon their respective | 20 |
| office by the rules of the
board, provided that (i) the | 21 |
| president shall preside at meetings of the board
and vote as | 22 |
| any other member but have no power of veto, and (ii) the vice
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| president shall perform the duties of the president if that | 24 |
| office is vacant or
the president is absent or unable to act.
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| The secretary of the Board shall be selected by the Board and | 26 |
| shall be an
employee of the Board rather than a member of the | 27 |
| Board, notwithstanding
subsection (d) of Section 34-3.3. The | 28 |
| duties of the secretary shall be
imposed by the rules of the | 29 |
| Board.
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| (c) The board may appoint a student to the board to serve | 31 |
| in an advisory capacity. The student member shall serve for a | 32 |
| term as determined by the board. The board may not grant the | 33 |
| student member any voting privileges, but shall consider the | 34 |
| student member as an advisor. The student member may not | 35 |
| participate in or attend any executive session of the board.
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| (Source: P.A. 89-15, eff. 5-30-95; 90-811, eff. 1-26-99; |
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| 90-815, eff.
2-11-99.)
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| Section 99. Effective date. This Act takes effect July 1, | 3 |
| 2005. |
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