Full Text of SB1945 100th General Assembly
SB1945 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB1945 Introduced 2/10/2017, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/10-5 | from Ch. 122, par. 10-5 | 105 ILCS 5/10-13 | from Ch. 122, par. 10-13 | 105 ILCS 5/10-13.1 | from Ch. 122, par. 10-13.1 | 105 ILCS 5/10-14 | from Ch. 122, par. 10-14 | 105 ILCS 5/10-16 | from Ch. 122, par. 10-16 | 110 ILCS 805/3-8 | from Ch. 122, par. 103-8 |
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Amends the School Code and the Public Community College Act. With respect to school boards of school districts and boards of trustees of community college districts, provides that officers are subject to removal by a majority vote of all the board members and, in case of removal or where a vacancy otherwise occurs in any of the offices, the board shall appoint or elect a successor to fill the vacancy. 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 | | 10-5, 10-13, 10-13.1, 10-14, and 10-16 as follows:
| 6 | | (105 ILCS 5/10-5) (from Ch. 122, par. 10-5)
| 7 | | Sec. 10-5. Organization of board - Report to treasurer and | 8 | | regional
superintendent of schools. Within 28 days after the | 9 | | regular election of
directors, the directors shall meet and | 10 | | organize by appointing one
of their number president and | 11 | | another as clerk, except that when directors
are elected at the | 12 | | consolidated elections in April of 1999 and April of 2001,
the | 13 | | directors shall meet and organize, in the manner provided by | 14 | | this Section,
within 7 days after the first Tuesday after the | 15 | | first Monday of November in
each of those 2 years. The clerk | 16 | | shall at once report
to the treasurer and regional | 17 | | superintendent of schools the names of the
president and clerk | 18 | | so appointed. The president and clerk are subject to removal by | 19 | | a majority vote of all the directors and, in case of removal or | 20 | | where a vacancy otherwise occurs in either of the offices, the | 21 | | board of school directors shall appoint a successor to fill the | 22 | | vacancy. Upon organizing itself as provided in this
Section, | 23 | | the board of school directors shall enter upon the discharge of |
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| 1 | | its
duties. Terms of members are subject to Section 2A-54 of | 2 | | the Election Code,
except as otherwise limited by subsection | 3 | | (c) of Section 10-4.
| 4 | | (Source: P.A. 93-847, eff. 7-30-04.)
| 5 | | (105 ILCS 5/10-13) (from Ch. 122, par. 10-13)
| 6 | | Sec. 10-13. President of board of education. The president | 7 | | of the board of education shall be elected by the
members | 8 | | thereof from among their number and serve for 2 years, except
| 9 | | that the board by resolution may establish a policy for the | 10 | | term of office
to be one year. The president is subject to | 11 | | removal by a majority vote of all the members.
| 12 | | He shall preside at all meetings and shall perform such | 13 | | duties as are
imposed upon him by law or by action of the board | 14 | | of education. If he is
absent from any meeting or refuses to | 15 | | perform his duties, a president
pro tempore shall be appointed. | 16 | | The vice-president of the board, if the
board elects such | 17 | | officer, shall be appointed the president pro tempore.
| 18 | | (Source: P.A. 84-497.)
| 19 | | (105 ILCS 5/10-13.1) (from Ch. 122, par. 10-13.1)
| 20 | | Sec. 10-13.1. Vice-President of the board of education. A
| 21 | | vice-president of the board of education shall be elected by | 22 | | the members
thereof from among their number and serve for 2 | 23 | | years, except that the
board by resolution may establish a | 24 | | policy for the term of office to be
one year. The |
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| 1 | | vice-president is subject to removal by a majority vote of all | 2 | | the members and, in case of removal or where a vacancy | 3 | | otherwise occurs in the office, the board shall elect a | 4 | | successor to fill the vacancy.
| 5 | | The vice-president shall perform the duties of the | 6 | | president if there is
a vacancy in the office of president or | 7 | | in case of the president's absence
or inability to act, and | 8 | | other duties imposed upon him by the rules of
the board. | 9 | | However, in the event of a permanent vacancy in the office of | 10 | | president, the board shall elect a successor to fill the | 11 | | vacancy of president.
| 12 | | (Source: P.A. 85-839.)
| 13 | | (105 ILCS 5/10-14) (from Ch. 122, par. 10-14)
| 14 | | Sec. 10-14. Secretary of board of education. The secretary | 15 | | of the board of education shall be elected by the board
of | 16 | | education and may be a member thereof, who shall serve for 2 | 17 | | years,
except that the board by resolution may establish a | 18 | | policy for the term
of office to be one year. The secretary is | 19 | | subject to removal by a majority vote of all the members and, | 20 | | in case of removal or where a vacancy otherwise occurs in the | 21 | | office, the board shall elect a successor to fill the vacancy. | 22 | | The secretary, if not a member of the board,
may receive such | 23 | | compensation as shall be fixed by the board of education
prior | 24 | | to the election of the secretary. If the secretary is a member | 25 | | of
the board, he or she may receive such compensation not to |
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| 1 | | exceed $500 per
year as shall be fixed by the board and may | 2 | | vote on all questions coming before the board.
| 3 | | He shall perform the duties usually pertaining to his | 4 | | office, or to
the clerk of a board of directors, and such as | 5 | | are imposed on him by
law, or by action of the board of | 6 | | education. If he is absent from any
meeting or refuses to | 7 | | perform his duties, a secretary pro tempore who
may but need | 8 | | not be a member of the board shall be appointed.
| 9 | | (Source: P.A. 86-682.)
| 10 | | (105 ILCS 5/10-16) (from Ch. 122, par. 10-16)
| 11 | | Sec. 10-16. Organization of Board. Within 28 days after the | 12 | | consolidated
election, other than the consolidated elections | 13 | | in 1999 and 2001, the
board shall organize by electing its | 14 | | officers and fixing a time and place
for the regular meetings. | 15 | | However, when school board members are elected at
the | 16 | | consolidated elections held in April of 1999 and April of 2001, | 17 | | the board
shall organize within 7 days after the first Tuesday | 18 | | after the first Monday of
November in each such year by | 19 | | electing officers and setting the time and place
of the regular | 20 | | meetings. Upon organizing itself as provided in this paragraph,
| 21 | | the board shall enter upon the discharge of its duties.
| 22 | | The regional superintendent of schools having supervision | 23 | | and control, as
provided in Section 3-14.2, of a new school
| 24 | | district that is governed by the School Code and formed on or | 25 | | after the
effective date of this amendatory Act of 1998 shall |
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| 1 | | convene
the newly elected board within 7 days after the | 2 | | election of the board of
education of that district, whereupon
| 3 | | the board
shall proceed to organize by electing one of their | 4 | | number as
president and
electing a secretary, who may or may | 5 | | not be a member. At such meeting the
length of term of each of | 6 | | the members shall be determined by lot so that 4
shall serve | 7 | | for 4 years, and 3 for 2 years from the commencement of their
| 8 | | terms; provided, however, if such members were not elected at | 9 | | the
consolidated election in an odd-numbered year, such initial
| 10 | | terms shall be
extended to the consolidated election for school | 11 | | board
members immediately
following the expiration of the | 12 | | initial 4 or 2 year terms.
The provisions of this paragraph | 13 | | that relate to the determination of terms by
lot shall not | 14 | | apply to the initial members of the board of education of a
| 15 | | combined school district who are to be elected to unstaggered | 16 | | terms.
| 17 | | The terms of the
officers of a board of education shall be | 18 | | for 2 years, except that
the
terms of the officers elected at | 19 | | the organization meeting in November, 2001
shall expire at the | 20 | | organization meeting in April, 2003; provided that the
board by | 21 | | resolution may
establish a policy for the terms of office to be | 22 | | one year, and provide for
the election of officers. Officers | 23 | | are subject to removal by a majority vote of all the members | 24 | | and, in case of removal or where a vacancy otherwise occurs in | 25 | | any of the offices, the board shall elect a successor to fill | 26 | | the vacancy, except as otherwise provided in Section 10-13.1 of |
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| 1 | | this Code.
| 2 | | Special meetings of the board of education may be called by | 3 | | the president
or by any 3 members of the board by giving notice | 4 | | thereof in writing, stating
the time, place and purpose of the | 5 | | meeting. Such notice may be served by
mail 48 hours before such | 6 | | meeting or by personal service 24 hours before
such meeting. | 7 | | Public notice of meetings must also be given as prescribed in
| 8 | | Sections 2.02 and 2.03 of the Open Meetings Act, as now or | 9 | | hereafter amended.
| 10 | | At each regular and special meeting which is open to the | 11 | | public, members
of the public and employees of the district | 12 | | shall be afforded time, subject
to reasonable constraints, to | 13 | | comment to or ask questions of the board.
| 14 | | The president or district superintendent shall, at each | 15 | | regular board
meeting, report any requests made of the district | 16 | | under provisions of the
Freedom of Information Act and shall | 17 | | report the status of the district's
response.
| 18 | | (Source: P.A. 93-847, eff. 7-30-04; 94-1019, eff. 7-10-06 .)
| 19 | | Section 10. The Public Community College Act is amended by | 20 | | changing Section 3-8 as follows:
| 21 | | (110 ILCS 805/3-8) (from Ch. 122, par. 103-8)
| 22 | | Sec. 3-8. In this Section, "reasonable emergency" means any | 23 | | imminent need to maintain the operations or facilities of the | 24 | | community college district and that such need is due to |
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| 1 | | circumstances beyond the control of the board. | 2 | | Following each election and canvass, the new board shall
| 3 | | hold its organizational meeting on or before the 28th day after | 4 | | the election. If the election is the initial election ordered | 5 | | by the regional superintendent,
the organizational meeting | 6 | | shall be convened by the regional superintendent,
who shall | 7 | | preside over the meeting until the election for chairman, vice
| 8 | | chairman and secretary of board is completed. At all other | 9 | | organizational
meetings, the chairman of the board, or, in his | 10 | | or her absence, the president
of the community college or | 11 | | acting chief executive officer of the college shall
convene the | 12 | | new board, and conduct the election for chairman, vice chairman | 13 | | and
secretary. The board shall then proceed with its | 14 | | organization under the newly
elected board officers, and shall | 15 | | fix a time and place for its regular
meetings. It shall then | 16 | | enter upon the discharge of its duties. Public notice of the | 17 | | schedule of regular meetings for the next calendar year, as set | 18 | | at the organizational meeting, must be given at the beginning | 19 | | of that calendar year. The terms of
board office shall be 2 | 20 | | years, except that the board by resolution may
establish a | 21 | | policy for the terms of office to be one year, and provide for | 22 | | the
election of officers for the remaining one year period. | 23 | | Officers are subject to removal by a majority vote of all the | 24 | | members and, in case of removal or where a vacancy otherwise | 25 | | occurs in any of the offices, the board shall elect a successor | 26 | | to fill the vacancy.
Terms of members are subject to Section |
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| 1 | | 2A-54 of the Election Code.
| 2 | | Beginning 45 days prior to the Tuesday following the first | 3 | | Monday of April in odd-numbered years until the first | 4 | | organizational meeting of the new board, no addendum to modify | 5 | | or amend an employee agreement between a community college | 6 | | district and the district's president, chancellor, or chief | 7 | | executive officer may be agreed to or executed, nor may an | 8 | | employment contract be made and entered into between the board | 9 | | of an established community college district and a president, | 10 | | chancellor, or chief executive officer. If the current board | 11 | | must take such action at any time during the 45 days prior to | 12 | | the Tuesday following the first Monday of April in odd-numbered | 13 | | years until the first organizational meeting of the new board | 14 | | due to a reasonable emergency, then that action shall be | 15 | | terminated on the 60th day after the first organizational | 16 | | meeting, unless the new board, by resolution, reaffirms the | 17 | | agreed-upon addendum or new employment contract. | 18 | | Special meetings of the board may be called by the chairman | 19 | | or by any
3 members of the board by giving notice thereof in | 20 | | writing stating the
time, place and purpose of the meeting. | 21 | | Such notice may be served by
mail 48 hours before the meeting | 22 | | or by personal service 24 hours before
the meeting.
| 23 | | At each regular and special meeting which is open to the | 24 | | public,
members of the public and employees of the community | 25 | | college district shall
be afforded time, subject to reasonable | 26 | | constraints, to comment to or ask
questions of the board.
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| 1 | | (Source: P.A. 99-693, eff. 1-1-17 .)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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