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90_HB0574enr 10 ILCS 5/28-2 from Ch. 46, par. 28-2 105 ILCS 5/7-1 from Ch. 122, par. 7-1 105 ILCS 5/7-2 from Ch. 122, par. 7-2 105 ILCS 5/7-4 from Ch. 122, par. 7-4 105 ILCS 5/7-6 from Ch. 122, par. 7-6 105 ILCS 5/7-7.5 new 105 ILCS 5/7-7.6 new 105 ILCS 5/7-7.7 new 105 ILCS 5/7-9 from Ch. 122, par. 7-9 Amends the Election and School Codes. Provides, with respect to school district boundary change petitions under which all of the territory of a school district is to be annexed to another school district or under which part of the territory of a school district is to be annexed to another school district, that if the regional board of school trustees or State Superintendent of Education has discretion to deny or to grant or approve the petition and enters an order granting or approving the petition, the matter must then be submitted to referendum at a regular scheduled election and approved by a majority of the voters in each of the affected school districts who are entitled to vote on and who vote on the proposition. LRB9003008THpk HB0574 Enrolled LRB9003008THpk 1 AN ACT relating to school district boundaries, amending 2 named Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Election Code is amended by changing 6 Section 28-2 as follows: 7 (10 ILCS 5/28-2) (from Ch. 46, par. 28-2) 8 Sec. 28-2. (a) Except as otherwise provided in this 9 Section, petitions for the submission of public questions to 10 referendum must be filed with the appropriate officer or 11 board not less than 78 days prior to a regular election to be 12 eligible for submission on the ballot at such election; and 13 petitions for the submission of a question under Section 14 18-120 of the Property Tax Code must be filed with the 15 appropriate officer or board not more than 10 months nor less 16 than 6 months prior to the election at which such question is 17 to be submitted to the voters. 18 (b) However, petitions for the submission of a public 19 question to referendum which proposes the creation or 20 formation of a political subdivision must be filed with the 21 appropriate officer or board not less than 108 days prior to 22 a regular election to be eligible for submission on the 23 ballot at such election. 24 (c) Resolutions or ordinances of governing boards of 25 political subdivisions which initiate the submission of 26 public questions pursuant to law must be adopted not less 27 than 65 days before a regularly scheduled election to be 28 eligible for submission on the ballot at such election. 29 (d) A petition, resolution or ordinance initiating the 30 submission of a public question may specify a regular 31 election at which the question is to be submitted, and must HB0574 Enrolled -2- LRB9003008THpk 1 so specify if the statute authorizing the public question 2 requires submission at a particular election. However, no 3 petition, resolution or ordinance initiating the submission 4 of a public question, other than a legislative resolution 5 initiating an amendment to the Constitution, may specify such 6 submission at an election more than one year after the date 7 on which it is filed or adopted, as the case may be. A 8 petition, resolution or ordinance initiating a public 9 question which specifies a particular election at which the 10 question is to be submitted shall be so limited, and shall 11 not be valid as to any other election, other than an 12 emergency referendum ordered pursuant to Section 2A-1.4. 13 (e) If a petition initiating a public question does not 14 specify a regularly scheduled election, the public question 15 shall be submitted to referendum at the next regular election 16 occurring not less than 78 days after the filing of the 17 petition, or not less than 108 days after the filing of a 18 petition for referendum to create a political subdivision. 19 If a resolution or ordinance initiating a public question 20 does not specify a regularly scheduled election, the public 21 question shall be submitted to referendum at the next regular 22 election occurring not less than 65 days after the adoption 23 of the resolution or ordinance. 24 (f) In the case of back door referenda, any limitations 25 in another statute authorizing such a referendum which 26 restrict the time in which the initiating petition may be 27 validly filed shall apply to such petition, in addition to 28 the filing deadlines specified in this Section for submission 29 at a particular election. In the case of any back door 30 referendum, the publication of the ordinance or resolution of 31 the political subdivision shall include a notice of (1) the 32 specific number of voters required to sign a petition 33 requesting that a public question be submitted to the voters 34 of the subdivision; (2) the time within which the petition HB0574 Enrolled -3- LRB9003008THpk 1 must be filed; and (3) the date of the prospective 2 referendum. The secretary or clerk of the political 3 subdivision shall provide a petition form to any individual 4 requesting one. As used herein, a "back door referendum" is 5 the submission of a public question to the voters of a 6 political subdivision, initiated by a petition of voters or 7 residents of such political subdivision, to determine whether 8 an action by the governing body of such subdivision shall be 9 adopted or rejected. 10 (g) A petition for the incorporation or formation of a 11 new political subdivision whose officers are to be elected 12 rather than appointed must have attached to it an affidavit 13 attesting that at least 108 days and no more than 138 days 14 prior to such election notice of intention to file such 15 petition was published in a newspaper published within the 16 proposed political subdivision, or if none, in a newspaper of 17 general circulation within the territory of the proposed 18 political subdivision in substantially the following form: 19 NOTICE OF PETITION TO FORM A NEW........ 20 Residents of the territory described below are notified 21 that a petition will or has been filed in the Office 22 of............requesting a referendum to establish a 23 new........, to be called the............ 24 *The officers of the new...........will be elected on the 25 same day as the referendum. Candidates for the governing 26 board of the new......may file nominating petitions with the 27 officer named above until........... 28 The territory proposed to comprise the new........is 29 described as follows: 30 (description of territory included in petition) 31 (signature).................................... 32 Name and address of person or persons proposing 33 the new political subdivision. 34 * Where applicable. HB0574 Enrolled -4- LRB9003008THpk 1 Failure to file such affidavit, or failure to publish the 2 required notice with the correct information contained 3 therein shall render the petition, and any referendum held 4 pursuant to such petition, null and void. 5 Notwithstanding the foregoing provisions of this 6 subsection (g) or any other provisions of this Code, the 7 publication of notice and affidavit requirements of this 8 subsection (g) shall not apply to any petition filed under 9 Article 7, 7A, 11A, 11B, or 11D of the School Code nor to any 10 referendum held pursuant to any such petition, and neither 11 any petition filed under any of those Articles nor any 12 referendum held pursuant to any such petition shall be 13 rendered null and void because of the failure to file an 14 affidavit or publish a notice with respect to the petition or 15 referendum as required under this subsection (g) for 16 petitions that are not filed under any of those Articles of 17 the School Code. 18 (Source: P.A. 87-185; 88-670, eff. 12-2-94.) 19 Section 10. The School Code is amended by changing 20 Sections 7-1, 7-2, 7-4, 7-6, 7-9, 9-11.2, 9-12, 10-10, 10-16, 21 and 11B-7 and adding Sections 7-2c, 7-7.5, 7-7.6, and 7-7.7 22 as follows: 23 (105 ILCS 5/7-1) (from Ch. 122, par. 7-1) 24 Sec. 7-1. Districts in one educational service region - 25 changing boundaries. 26 (a) School district boundaries lying entirely within any 27 educational service region may be changed by detachment, 28 annexation, division or dissolution or any combination 29 thereof by the regional board of school trustees of such 30 region, or by the State Superintendent of Education as 31 provided in subsection (l) of Section 7-6, when petitioned by 32 the boards of each district affected or by a majority of the HB0574 Enrolled -5- LRB9003008THpk 1 registered voters in each district affected or by two-thirds 2 of the registered voters in any territory proposed to be 3 detached from one or more districts or in each of one or more 4 districts proposed to be annexed to another district. 5 Registered voters shall be determined by the official voter 6 registration lists as of the date the petition is filed. No 7 signatures shall be added after the date the petition is 8 filed. If there are no registered voters within the 9 territory proposed to be detached from one or more districts, 10 then the petition may be signed by all of the owners of 11 record of the real estate of the territory. Notwithstanding 12 any other provisions of this Article, if pursuant to a 13 petition filed under this subsection all of the territory of 14 a school district is to be annexed to another school 15 district, any action by the regional board of school trustees 16 or State Superintendent of Education in granting or approving 17 the petition and any change in school district boundaries 18 pursuant to that action is subject to and the change in 19 school district boundaries shall not be made except upon 20 approval at a regular scheduled election, in the manner 21 provided by Section 7-7.7, of a proposition for the 22 annexation of all of the territory of that school district to 23 the other school district. 24 Each page of the circulated petition shall include the 25 full prayer of the petition, and each signature contained 26 therein shall match the official signature and address of the 27 registered voters as recorded in the office of the election 28 authority having jurisdiction over the county. Each 29 petitioner shall also record the date of his signing. Each 30 page of the petition shall be signed by a circulator who has 31 witnessed the signature of each petitioner on that page. The 32 length of time for signatures to be valid, before filing of 33 the petition, shall not exceed 6 months. 34 Where there is only one school building in an approved HB0574 Enrolled -6- LRB9003008THpk 1 operating district, the building and building site may not be 2 included in any detachment proceeding unless petitioned by 3 two-thirds of the registered voters within the entire 4 district wherein the school is located. 5 (b) Any elementary or high school district with 100 or 6 more of its students residing upon territory located entirely 7 within a military base or installation operated and 8 maintained by the government of the United States, or any 9 unit school district or any combination of the above 10 mentioned districts with 300 or more of its students residing 11 upon territory located entirely within a military base or 12 installation operated and maintained by the government of the 13 United States, shall, upon the filing with the regional board 14 of school trustees of a petition adopted by resolution of the 15 board of education or a petition signed by a majority of the 16 registered voters residing upon such military base or 17 installation, have all of the territory lying entirely within 18 such military base or installation detached from such school 19 district, and a new school district comprised of such 20 territory shall be created. The petition shall be filed with 21 and decided solely by the regional board of school trustees 22 of the region in which the regional superintendent of schools 23 has supervision of the school district affected. The 24 regional board of school trustees shall have no authority to 25 deny the detachment and creation of a new school district 26 requested in a proper petition filed under this subsection. 27 This subsection shall apply only to those school districts 28 having a population of not fewer than 1,000 and not more than 29 500,000 residents, as ascertained by any special or general 30 census. 31 The new school district shall tuition its students to the 32 same districts that its students were previously attending 33 and the districts from which the new district was detached 34 shall continue to educate the students from the new district, HB0574 Enrolled -7- LRB9003008THpk 1 until the federal government provides other arrangements. 2 The federal government shall pay for the education of such 3 children as required by Section 6 of Public Law 81-874. 4 (Source: P.A. 87-210; 87-1080.) 5 (105 ILCS 5/7-2) (from Ch. 122, par. 7-2) 6 Sec. 7-2. Districts in two or more counties; Change of 7 boundaries. Boundaries of existing school districts lying 8 within two or more counties may be changed by detachment, 9 annexation, division, dissolution or any combination thereof 10 by the concurrent action of, taken following a joint hearing 11 before, the regional boards of school trustees of each region 12 affected. For purposes of this Section and Section 7-6, an 13 educational service region shall be deemed to be a region 14 affected if any portion of the territory which the petition 15 seeks to have detached from any school district is located in 16 the region. The petition may be by the boards of each 17 district affected, or by a majority of the legal voters 18 residing in each district affected, or by two-thirds of the 19 legal voters residing in any territory proposed to be 20 detached from one or more districts or in each of one or more 21 districts proposed to be annexed to another district. The 22 original petition shall be filed with the regional board of 23 school trustees of the region in which the territory being 24 detached is located or if territory is being detached from 25 more than one region then the petition shall be filed with 26 the regional board of school trustees of the region in which 27 the regional superintendent has supervision over the greatest 28 portion of such territory. A certified true copy of the 29 petition shall be filed with the regional board of school 30 trustees of each other region affected. Notwithstanding any 31 other provisions of this Article, if pursuant to a petition 32 filed under this Section all of the territory of a school 33 district is to be annexed to another school district, any HB0574 Enrolled -8- LRB9003008THpk 1 action by the regional boards of school trustees in granting 2 the petition and any changes in school district boundaries 3 pursuant to that action is subject to and the change in 4 school district boundaries shall not be made except upon 5 approval at a regular scheduled election, in the manner 6 provided by Section 7-7.7, of a proposition for the 7 annexation of all of the territory of that school district to 8 the other school district. 9 The regional board of school trustees in whose region the 10 joint hearing on the original petition is conducted shall 11 send a certified true copy of the transcript of the hearing 12 to each other region affected. If there are no legal voters 13 residing within the territory proposed to be detached from 14 one or more districts, then the petition may be signed by all 15 of the owners of record of the real estate of the territory. 16 The annexing district is that district to which territory is 17 proposed to be added. 18 Where there is only one school building in an approved 19 operating district, the building and building site may not be 20 included in any detachment proceeding unless petitioned by 21 two-thirds of the eligible voters within the entire district 22 wherein the school is located. 23 After September 23, 1983, no petition shall be filed 24 under Sections 7-1 and 7-2 to form a new school district 25 under this Article except that such a petition may be filed 26 under Section 7-1 to form a new school district where the 27 boundaries of such new school district lie entirely within 28 the boundaries of a military base or installation operated 29 and maintained by the government of the United States. 30 (Source: P.A. 86-743; 87-1080.) 31 (105 ILCS 5/7-2c new) 32 Sec. 7-2c. Change of school district boundaries 33 following annexation of vacant and unincorporated territory HB0574 Enrolled -9- LRB9003008THpk 1 to a contiguous municipality. 2 Notwithstanding any other provision of this Code, any 3 contiguous portion of an elementary school district may be 4 detached from that district and annexed to an adjoining 5 elementary school district, and any contiguous portion of a 6 high school district may be detached from that district and 7 annexed to an adjoining high school district, upon a petition 8 or petitions filed under this Section, when all of the 9 following conditions are met with respect to each petition so 10 filed: 11 (1) The portion of the district to be so detached 12 and annexed to an adjoining elementary or high school 13 district consists of not more than 160 acres of vacant 14 land that is located in an unincorporated area of a 15 county of 2,000,000 or more inhabitants and, on the 16 effective date of this amendatory Act of 1997, is 17 contiguous to one municipality that is (i) wholly outside 18 the elementary or high school district from which the 19 vacant land is to be detached and (ii) located entirely 20 within the territorial boundaries of the adjoining 21 elementary or high school district to which the vacant 22 land is to be annexed. 23 (2) The equalized assessed valuation of the taxable 24 property located in the portion of the district that is 25 to be so detached and annexed to the adjoining elementary 26 or high school district constitutes less than 1% of the 27 equalized assessed valuation of the taxable property of 28 the district from which it is to be detached. 29 (3) The portion of the district to be so detached 30 and annexed to the adjoining elementary or high school 31 district is annexed to the contiguous municipality 32 pursuant to a petition for annexation filed and pending 33 with the annexing municipality upon the effective date of 34 this amendatory Act. HB0574 Enrolled -10- LRB9003008THpk 1 A petition filed under this Section shall be filed with 2 the State Superintendent of Education and shall be signed by 3 all of the owners of record of the vacant land that comprises 4 the portion of the district that is to be detached and 5 annexed to the adjoining elementary or high school district 6 under the provisions of this Section. The State 7 Superintendent shall: (i) hold a hearing on the petition 8 within 90 days after the date of filing; (ii) render a 9 decision granting or denying the petition within 30 days 10 after the hearing; and (iii) promptly serve a copy of the 11 decision by certified mail, return receipt requested, upon 12 the petitioners and upon the school boards of the school 13 districts from which the territory described in the petition 14 is sought to be detached and to which that territory is 15 sought to be annexed. 16 The State Superintendent of Education has no authority or 17 discretion to hear any evidence or consider any issues at the 18 hearing except those that may be necessary to determine 19 whether the limitations and conditions of this Section have 20 been met. 21 The State Superintendent of Education: (i) shall give 22 written notice of the time and place of the hearing, not less 23 than 30 days prior to the date of the hearing, to the school 24 board of the school district from which the territory 25 described in the petition is to be detached and to the 26 school board of the school district to which that territory 27 is to be annexed; and (ii) shall publish notice of the 28 hearing in a newspaper that is published in the county in 29 which the territory described in the petition is located and 30 that has circulation within the school districts whose school 31 boards are entitled to written notice of the hearing. 32 In the event that the granting of a petition filed under 33 this Section has become final, either through failure to seek 34 administrative review or by the final decision of a court on HB0574 Enrolled -11- LRB9003008THpk 1 review, the change in boundaries shall become effective 2 forthwith and for all purposes, except that if the granting 3 of the petition becomes final between September 1 and June 30 4 of any year, the administration of and attendance at the 5 schools shall not be affected until the following July 1, 6 when the change in boundaries shall become effective for all 7 purposes. After the granting of a petition has become final, 8 the date when the change shall become effective for purposes 9 of administration and attendance may be accelerated or 10 postponed by stipulation of the school boards of the school 11 districts from which the territory described in the petition 12 is detached and to which that territory is annexed. 13 The decision of the State Superintendent of Education 14 shall be deemed an "administrative decision" as defined in 15 Section 3-101 of the Administrative Review Law, and any 16 petitioner or the school board of a school district affected 17 by the detachment and annexation of the territory described 18 in the petition may within 35 days after a copy of the 19 decision sought to be reviewed was served by certified mail 20 upon the party affected thereby, or upon the attorney of 21 record for such party, apply for a review of such decision in 22 accordance with the Administrative Review Law, and all 23 amendments and modifications thereof and the rules adopted 24 pursuant thereto. 25 The commencement of any action for review shall operate 26 as a supersedeas, and no further proceedings shall be had 27 until final disposition of such review. The circuit court of 28 the county in which the petition is filed with the State 29 Superintendent of Education shall have sole jurisdiction to 30 entertain a complaint for such review. 31 This Section: (i) is not limited by and operates 32 independently of all other provisions of this Article, and 33 (ii) constitutes complete authority for the granting or 34 denial by the State Superintendent of Education of a petition HB0574 Enrolled -12- LRB9003008THpk 1 filed under this Section when the conditions prescribed by 2 this Section for the filing of that petition are met. 3 (105 ILCS 5/7-4) (from Ch. 122, par. 7-4) 4 Sec. 7-4. Requirements for granting petitions. No 5 petition shall be granted under Sections 7-1 or 7-2 of this 6 Act: 7 (a) If there will be any non-high school territory 8 resulting from the granting of the petition. 9 (b) Unless after granting the petition any community 10 unit district, community consolidated district, elementary 11 district or high school district created shall have a 12 population of at least 2,000 and an equalized assessed 13 valuation of at least $6,000,000 based upon the last value as 14 equalized by the Department of Revenue as of the date of 15 filing of the petition. 16 (c) Unless the territory within any district so created 17 or any district whose boundaries are affected by the granting 18 of a petition shall after the granting thereof be compact and 19 contiguous except as provided in Section 7-6 of this Act. 20 The fact that a district is divided by territory lying within 21 the corporate limits of the city of Chicago shall not render 22 it non-compact or non-contiguous. 23 (d) To create any school district with a population of 24 less than 2,000 unless the State Board of Education and the 25 regional superintendent of schools for the region in which 26 the proposed district will lie shall certify to the regional 27 board or boards of school trustees that the creation of such 28 new district will not interfere with the ultimate 29 reorganization of the territory of such proposed district as 30 a part of a district having a population of 2,000 or more. 31 Notwithstanding any other provisions of this Article, the 32 granting or approval by a regional board or regional boards 33 of school trustees or by the State Superintendent of HB0574 Enrolled -13- LRB9003008THpk 1 Education of a petition that under subsection (b-5) of 2 Section 7-6 is required to request the submission of a 3 proposition at a regular scheduled election for the purpose 4 of voting for or against the annexation of the territory 5 described in the petition to the school district proposing to 6 annex that territory is subject to, and any change in school 7 district boundaries pursuant to the granting of the petition 8 shall not be made except upon, approval of the proposition at 9 the election in the manner provided by Section 7-7.7. 10 (Source: P.A. 89-397, eff. 8-20-95.) 11 (105 ILCS 5/7-6) (from Ch. 122, par. 7-6) 12 Sec. 7-6. Petition filing; Notice; Hearing; Decision. 13 (a) Upon the filing of a petition with the secretary of 14 the regional board of school trustees under the provisions of 15 Section 7-1 or 7-2 of this Act the secretary shall cause a 16 copy of such petition to be given to each board of any 17 district involved in the proposed boundary change and shall 18 cause a notice thereof to be published once in a newspaper 19 having general circulation within the area of the territory 20 described in the petition for the proposed change of 21 boundaries. 22 (b) When a joint hearing is required under the 23 provisions of Section 7-2, the secretary also shall cause a 24 copy of the notice to be sent to the regional board of school 25 trustees of each region affected. Notwithstanding the 26 foregoing provisions of this Section, if the secretary of the 27 regional board of school trustees with whom a petition is 28 filed under Section 7-2 fails, within 30 days after the 29 filing of such petition, to cause notice thereof to be 30 published and sent as required by this Section, then the 31 secretary of the regional board of school trustees of any 32 other region affected may cause the required notice to be 33 published and sent, and the joint hearing may be held in any HB0574 Enrolled -14- LRB9003008THpk 1 region affected as provided in the notice so published. 2 (b-5) If a petition filed under subsection (a) of 3 Section 7-1 or under Section 7-2 proposes to annex all the 4 territory of a school district to another school district, 5 the petition shall request the submission of a proposition at 6 a regular scheduled election for the purpose of voting for or 7 against the annexation of the territory described in the 8 petition to the school district proposing to annex that 9 territory. No petition filed or election held under this 10 Article shall be null and void, invalidated, or deemed in 11 noncompliance with the Election Code because of a failure to 12 publish a notice with respect to the petition or referendum 13 as required under subsection (g) of Section 28-2 of that Code 14 for petitions that are not filed under this Article or 15 Article 7A, 11A, 11B, or 11D of the School Code. 16 (c) When a petition contains more than 10 signatures the 17 petition shall designate a committee of 10 of the petitioners 18 as attorney in fact for all petitioners, any 7 of whom may 19 make binding stipulations on behalf of all petitioners as to 20 any question with respect to the petition or hearing or joint 21 hearing, and the regional board of school trustees, or 22 regional boards of school trustees in cases of a joint 23 hearing may accept such stipulation in lieu of evidence or 24 proof of the matter stipulated. The committee of petitioners 25 shall have the same power to stipulate to accountings or 26 waiver thereof between school districts; however, the 27 regional board of school trustees, or regional boards of 28 school trustees in cases of a joint hearing may refuse to 29 accept such stipulation. Those designated as the committee of 30 10 shall serve in that capacity until such time as the 31 regional superintendent of schools or the committee of 10 32 determines that, because of death, resignation, transfer of 33 residency from the territory, or failure to qualify, the 34 office of a particular member of the committee of 10 is HB0574 Enrolled -15- LRB9003008THpk 1 vacant. Upon determination that a vacancy exists, the 2 remaining members shall appoint a petitioner to fill the 3 designated vacancy on the committee of 10. The appointment 4 of any new members by the committee of 10 shall be made by a 5 simple majority vote of the remaining designated members. 6 (d) The petition may be amended to withdraw not to 7 exceed a total of 10% of the territory in the petition at any 8 time prior to the hearing or joint hearing; provided that the 9 petition shall after amendment comply with the requirements 10 as to the number of signatures required on an original 11 petition. 12 (e) The petitioners shall pay the expenses of publishing 13 the notice and of any transcript taken at the hearing or 14 joint hearing; and in case of an appeal from the decision of 15 the regional board of school trustees, or regional boards of 16 school trustees in cases of a joint hearing, or State 17 Superintendent of Education in cases determined under 18 subsection (l) of this Section, the appellants shall pay the 19 cost of preparing the record for appeal. 20 (f) The notice shall state when the petition was filed, 21 the description of the territory, the prayer of the petition 22 and the return day on which the hearing or joint hearing upon 23 the petition will be held which shall not be more than 15 nor 24 less than 10 days after the publication of notice. 25 (g) On such return day or on a day to which the regional 26 board of school trustees, or regional boards of school 27 trustees in cases of a joint hearing shall continue the 28 hearing or joint hearing the regional board of school 29 trustees, or regional boards of school trustees in cases of a 30 joint hearing shall hear the petition but may adjourn the 31 hearing or joint hearing from time to time or may continue 32 the matter for want of sufficient notice or other good cause. 33 (h) Prior to the hearing or joint hearing the secretary 34 of the regional board of school trustees shall submit to the HB0574 Enrolled -16- LRB9003008THpk 1 regional board of school trustees, or regional boards of 2 school trustees in cases of a joint hearing maps showing the 3 districts involved, a written report of financial and 4 educational conditions of districts involved and the probable 5 effect of the proposed changes. The reports and maps 6 submitted shall be made a part of the record of the 7 proceedings of the regional board of school trustees, or 8 regional boards of school trustees in cases of a joint 9 hearing. A copy of the report and maps submitted shall be 10 sent by the secretary of the regional board of school 11 trustees to each board of the districts involved, not less 12 than 5 days prior to the day upon which the hearing or joint 13 hearing is to be held. 14 (i) The regional board of school trustees, or regional 15 boards of school trustees in cases of a joint hearing shall 16 hear evidence as to the school needs and conditions of the 17 territory in the area within and adjacent thereto and as to 18 the ability of the districts affected to meet the standards 19 of recognition as prescribed by the State Board of Education, 20 and shall take into consideration the division of funds and 21 assets which will result from the change of boundaries and 22 shall determine whether it is to the best interests of the 23 schools of the area and the educational welfare of the pupils 24 that such change in boundaries be granted, and in case 25 non-high school territory is contained in the petition the 26 normal high school attendance pattern of the children shall 27 be taken into consideration. If the non-high school territory 28 overlies an elementary district, a part of which is in a high 29 school district, such territory may be annexed to such high 30 school district even though not contiguous to the high school 31 district. However, upon resolution by the regional board of 32 school trustees, or regional boards of school trustees in 33 cases of a joint hearing the secretary or secretaries thereof 34 shall conduct the hearing or joint hearing upon any boundary HB0574 Enrolled -17- LRB9003008THpk 1 petition and present a transcript of such hearing to the 2 trustees who shall base their decision upon the transcript, 3 maps and information and any presentation of counsel. 4 (j) At the hearing or joint hearing any resident of the 5 territory described in the petition or any resident in any 6 district affected by the proposed change of boundaries may 7 appear in person or by an attorney in support of the petition 8 or to object to the granting of the petition and may present 9 evidence in support of his position. 10 (k) At the conclusion of the hearing, other than a joint 11 hearing, the regional superintendent of schools as ex officio 12 member of the regional board of school trustees shall within 13 30 days enter an order either granting or denying the 14 petition and shall deliver to the committee of petitioners, 15 if any, and any person who has filed his appearance in 16 writing at the hearing and any attorney who appears for any 17 person and any objector who testifies at the hearing and the 18 regional superintendent of schools a certified copy of its 19 order. 20 (l) Notwithstanding the foregoing provisions of this 21 Section, if within 9 months after a petition is submitted 22 under the provisions of Section 7-1 the petition is not 23 approved or denied by the regional board of school trustees 24 and the order approving or denying that petition entered and 25 a copy thereof served as provided in this Section, the school 26 boards or registered voters of the districts affected that 27 submitted the petition (or the committee of 10, or an 28 attorney acting on its behalf, if designated in the petition) 29 may submit a copy of the petition directly to the State 30 Superintendent of Education for approval or denial. The copy 31 of the petition as so submitted shall be accompanied by a 32 record of all proceedings had with respect to the petition up 33 to the time the copy of the petition is submitted to the 34 State Superintendent of Education (including a copy of any HB0574 Enrolled -18- LRB9003008THpk 1 notice given or published, any certificate or other proof of 2 publication, copies of any maps or written report of the 3 financial and educational conditions of the school districts 4 affected if furnished by the secretary of the regional board 5 of school trustees, copies of any amendments to the petition 6 and stipulations made, accepted or refused, a transcript of 7 any hearing or part of a hearing held, continued or adjourned 8 on the petition, and any orders entered with respect to the 9 petition or any hearing held thereon). The school boards, 10 registered voters or committee of 10 submitting the petition 11 and record of proceedings to the State Superintendent of 12 Education shall give written notice by certified mail, return 13 receipt requested to the regional board of school trustees 14 and to the secretary of that board that the petition has been 15 submitted to the State Superintendent of Education for 16 approval or denial, and shall furnish a copy of the notice so 17 given to the State Superintendent of Education. The cost of 18 assembling the record of proceedings for submission to the 19 State Superintendent of Education shall be the responsibility 20 of the school boards, registered voters or committee of 10 21 that submits the petition and record of proceedings to the 22 State Superintendent of Education. When a petition is 23 submitted to the State Superintendent of Education in 24 accordance with the provisions of this paragraph: 25 (1) The regional board of school trustees loses all 26 jurisdiction over the petition and shall have no further 27 authority to hear, approve, deny or otherwise act with 28 respect to the petition. 29 (2) All jurisdiction over the petition and the 30 right and duty to hear, approve, deny or otherwise act 31 with respect to the petition is transferred to and shall 32 be assumed and exercised by the State Superintendent of 33 Education. 34 (3) The State Superintendent of Education shall not HB0574 Enrolled -19- LRB9003008THpk 1 be required to repeat any proceedings that were conducted 2 in accordance with the provisions of this Section prior 3 to the time jurisdiction over the petition is transferred 4 to him, but the State Superintendent of Education shall 5 be required to give and publish any notices and hold or 6 complete any hearings that were not given, held or 7 completed by the regional board of school trustees or its 8 secretary as required by this Section prior to the time 9 jurisdiction over the petition is transferred to the 10 State Superintendent of Education. 11 (4) If so directed by the State Superintendent of 12 Education, the regional superintendent of schools shall 13 submit to the State Superintendent of Education and to 14 such school boards as the State Superintendent of 15 Education shall prescribe accurate maps and a written 16 report of the financial and educational conditions of the 17 districts affected and the probable effect of the 18 proposed boundary changes. 19 (5) The State Superintendent is authorized to 20 conduct further hearings, or appoint a hearing officer to 21 conduct further hearings, on the petition even though a 22 hearing thereon was held as provided in this Section 23 prior to the time jurisdiction over the petition is 24 transferred to the State Superintendent of Education. 25 (6) The State Superintendent of Education or the 26 hearing officer shall hear evidence and approve or deny 27 the petition and shall enter an order to that effect and 28 deliver and serve the same as required in other cases to 29 be done by the regional board of school trustees and the 30 regional superintendent of schools as an ex officio 31 member of that board. 32 (m) Within 10 days after the conclusion of a joint 33 hearing required under the provisions of Section 7-2, each 34 regional board of school trustees shall meet together and HB0574 Enrolled -20- LRB9003008THpk 1 render a decision with regard to the joint hearing on the 2 petition. If the regional boards of school trustees fail to 3 enter a joint order either granting or denying the petition, 4 the regional superintendent of schools for the educational 5 service region in which the joint hearing is held shall enter 6 an order denying the petition, and within 30 days after the 7 conclusion of the joint hearing shall deliver a copy of the 8 order denying the petition to the regional boards of school 9 trustees of each region affected, to the committee of 10 petitioners, if any, to any person who has filed his 11 appearance in writing at the hearing and to any attorney who 12 appears for any person at the joint hearing. If the regional 13 boards of school trustees enter a joint order either granting 14 or denying the petition, the regional superintendent of 15 schools for the educational service region in which the joint 16 hearing is held shall, within 30 days of the conclusion of 17 the hearing, deliver a copy of the joint order to those same 18 committees and persons as are entitled to receive copies of 19 the regional superintendent's order in cases where the 20 regional boards of school trustees have failed to enter a 21 joint order. 22 (n) Within 10 days after service of a copy of the order 23 granting or denying the petition, any person so served may 24 petition for a rehearing and, upon sufficient cause being 25 shown, a rehearing may be granted. The filing of a petition 26 for rehearing shall operate as a stay of enforcement until 27 the regional board of school trustees, or regional boards of 28 school trustees in cases of a joint hearing, or State 29 Superintendent of Education in cases determined under 30 subsection (l) of this Section enter the final order on such 31 petition for rehearing. 32 (o) If a petition filed under subsection (a) of Section 33 7-1 or under Section 7-2 is required under the provisions of 34 subsection (b-5) of this Section 7-6 to request submission of HB0574 Enrolled -21- LRB9003008THpk 1 a proposition at a regular scheduled election for the purpose 2 of voting for or against the annexation of the territory 3 described in the petition to the school district proposing to 4 annex that territory, and if the petition is granted or 5 approved by the regional board or regional boards of school 6 trustees or by the State Superintendent of Education, the 7 proposition shall be placed on the ballot at the next regular 8 scheduled election. 9 (Source: P.A. 87-210; 87-1215; 87-1270; 88-45.) 10 (105 ILCS 5/7-7.5 new) 11 Sec. 7-7.5. Holding of elections. 12 (a) Elections provided by this Article shall be 13 conducted in accordance with the general election law. 14 (b) The notice shall be in substantially the following 15 form: 16 NOTICE OF REFERENDUM FOR ANNEXATION 17 BY.....(Name of Annexing District) 18 OF ALL TERRITORY OF ..... (Name Of 19 District Or Districts All Of 20 Whose Territory Is To Be Annexed) 21 NOTICE is hereby given that on the .... day of ...., 22 19 ..., a referendum will be held in part(s) of ...... 23 County (Counties) for the purpose of voting for or 24 against the proposition to annex all of the territory 25 comprising ..... (name of each such school district) of 26 ....... County, Illinois to ..... (name of annexing 27 school district) of ...... County, Illinois. 28 The territory which now comprises all of the 29 territory of ..... (name of the school district or 30 districts) of ...... County, Illinois, which territory is 31 the same as the territory which is proposed to be annexed 32 to ..... (name of annexing school district) of ....... 33 County, Illinois, is described as follows: (Here describe HB0574 Enrolled -22- LRB9003008THpk 1 such territory.) 2 The territory which now comprises ..... (name of 3 annexing school district) of ....... County, Illinois, 4 which district it is proposed shall annex the territory 5 above described in this Notice, is described as follows: 6 (Here describe such territory.) 7 The election is called and will be held pursuant to 8 an order of the regional board of school trustees (or, 9 State Superintendent of Education) dated on the .... day 10 of ...., 19 ...., which order states that the change of 11 boundaries pursuant to the annexation granted or approved 12 by the order shall be made if a majority of those voters 13 in each of the affected school districts who vote on the 14 proposition at the election vote in favor thereof. 15 Dated this ..... day of ...., 19..... 16 Regional Board of School Trustees (or State 17 Superintendent of Education) 18 By.................................... 19 (105 ILCS 5/7-7.6 new) 20 Sec. 7-7.6. Ballots. The ballot shall be in 21 substantially the following form: 22 OFFICIAL BALLOT 23 ------------------------------------------------------------- 24 Shall the following described territory 25 comprising all of the territory 26 of ..... (name of school district or YES 27 districts) of ...... County, Illinois 28 be annexed to and made a part of ..... -------------------- 29 (name of annexing school district) 30 of ....... County, Illinois? NO 31 (Here describe such territory.) 32 ------------------------------------------------------------- HB0574 Enrolled -23- LRB9003008THpk 1 (105 ILCS 5/7-7.7 new) 2 Sec. 7-7.7. Passage requirements. The proposition for 3 the annexation of all of the territory of one or more school 4 districts to another school district shall be submitted to 5 the voters of the annexing district and the voters of each 6 district all of the territory of which is to be annexed to 7 the annexing district, and if a majority of the voters in 8 each such district who vote on the proposition vote in favor 9 of the proposition, the proposition shall be deemed to have 10 passed. 11 (105 ILCS 5/7-9) (from Ch. 122, par. 7-9) 12 Sec. 7-9. Effective date of change. In case a petition is 13 filed for the creation of or the change of boundaries of or 14 for an election to vote upon atheproposition of creating or 15 annexing territory to aanyschool district after August 1, 16 as provided in this Article, and the change is granted or the 17 election carries, and no appeal is taken such change shall 18 become effective after the time for appeal has run for the 19 purpose of all elections; however, the change shall not 20 affect the administration of the schools until July 1 21 following the date the petition is granted or upon which the 22 election is held and the school boards of the districts as 23 they existed prior to the change shall exercise the same 24 power and authority over such territory until such date; 25 however, new districts shall be permitted to organize and 26 elect officers within the time prescribed by the general 27 election law. 28 In the event that the granting of a petition has become 29 final, either through failure to seek Administrative Review 30 or by the final decision of a court on review, the change in 31 boundaries shall become effective forthwith. However, if the 32 granting of the petition becomes final between September 1 33 and June 30 of any year, the administration of and attendance HB0574 Enrolled -24- LRB9003008THpk 1 at the schools shall not be affected until the following July 2 1, when the change in boundaries shall become effective for 3 all purposes. After the granting of a petition has become 4 final, the date when the change shall become effective for 5 purposes of administration and attendance may be accelerated 6 or postponed by stipulation of each of the school boards of 7 each district affected and approved by the regional board of 8 school trustees or by the board of a special charter district 9 with which the original petition is required to be filed. 10 (Source: P.A. 81-1550.) 11 (105 ILCS 5/9-11.2) (from Ch. 122, par. 9-11.2) 12 Sec. 9-11.2. For all school districts electing 13 candidates to a board of education in a manner other than at 14 large, candidates not elected at large who file nominating 15 petitions for a full term shall be grouped together by area 16 of residence as follows: 17 (1) by congressional townships, or 18 (2) according to incorporated or unincorporated areas, 19 or.20 (3) by affected school districts, if the form of ballot 21 prescribed by Format 2a or 2b of Section 9-12 is required to 22 be used for the election. 23 For all school districts electing candidates to a board 24 of education in a manner other than at large, candidates not 25 elected at large who file nominating petitions for an 26 unexpired term shall be grouped together by area of residence 27 as follows: 28 (1) by congressional townships, or 29 (2) according to incorporated or unincorporated areas, 30 or.31 (3) by affected school districts, if the form of ballot 32 prescribed by Format 2a or 2b of Section 9-12 is required to 33 be used for the election. HB0574 Enrolled -25- LRB9003008THpk 1 Except in those instances when the ballot under Format 5 2 of Section 9-12 is required to be used, candidate groupings 3 by area of residence for full terms shall precede the 4 candidate groupings by area of residence for unexpired terms 5 on the ballot. In all instances, however, the ballot order of 6 each candidate grouping shall be determined by the order of 7 petition filing or lottery held pursuant to Section 9-11.1 in 8 the following manner: 9 The area of residence of the candidate determined to be 10 first by order of petition filing or by lottery shall be 11 listed first among the candidate groupings on the ballot. 12 All other candidates from the same area of residence will 13 follow according to order of petition filing or the lottery. 14 The area of residence of the candidate determined to be 15 second by the order of petition filing or the lottery shall 16 be listed second among the candidate groupings on the ballot. 17 All other candidates from the same area of residence will 18 follow according to the order of petition filing or the 19 lottery. The ballot order of additional candidate groupings 20 by area of residence shall be established in a like manner. 21 "Area of Residence" means congressional township, 22 incorporated and unincorporated territories, and, if the form 23 of ballot prescribed by Format 2a or 2b of Section 9-12 is 24 required to be used in electing candidates to a board of 25 education, affected school districts. 26 "Affected school district" means either of the 2 entire 27 elementary school districts that are formed into a combined 28 school district established as provided in subsection (a-5) 29 of Section 11B-7. 30 (Source: P.A. 89-579, eff. 7-30-96.) 31 (105 ILCS 5/9-12) (from Ch. 122, par. 9-12) 32 Sec. 9-12. Ballots for the election of school officers 33 shall be in one of the following forms: HB0574 Enrolled -26- LRB9003008THpk 1 (FORMAT 1 2 Ballot position for candidates shall be determined by the 3 order of petition filing or lottery held pursuant to Section 4 9-11.1. 5 This format is used by Boards of School Directors. 6 School Directors are elected at large.) 7 OFFICIAL BALLOT 8 FOR MEMBERS OF THE BOARD OF SCHOOL 9 DIRECTORS TO SERVE A FULL 4-YEAR TERM 10 VOTE FOR .... 11 ( ) ........................................ 12 ( ) ........................................ 13 ( ) ........................................ 14 FOR MEMBERS OF THE BOARD OF SCHOOL 15 DIRECTORS TO SERVE AN UNEXPIRED 2-YEAR TERM 16 VOTE FOR .... 17 ( ) ....................................... 18 ( ) ....................................... 19 ( ) ....................................... 20 (FORMAT 2 21 Ballot position for candidates shall be determined by the 22 order of petition filing or lottery held pursuant to Section 23 9-11.1. 24 This format is used when school board members are elected 25 at large. Membership on the school board is not restricted 26 by area of residence. 27 Types of school districts generally using this format 28 are: 29 Common school districts; 30 Community unit and community consolidated school 31 districts formed on or after January 1, 1975; 32 Community unit school districts formed prior to January 33 1, 1975 that elect board members at large and without 34 restriction by area of residence within the district under HB0574 Enrolled -27- LRB9003008THpk 1 subsection (c) of Section 11A-8; 2 Community unit, community consolidated and combined 3 school districts in which more than 90% of the population is 4 in one congressional township; 5 High school districts in which less than 15% of the 6 taxable property is located in unincorporated territory; and 7 unit districts (OLD TYPE); 8 Combined school districts formed on or after July 1, 9 1983;.)10 Combined school districts formed before July 1, 1983 and 11 community consolidated school districts that elect board 12 members at large and without restriction by area of residence 13 within the district under subsection (c) of Section 11B-7.) 14 OFFICIAL BALLOT 15 FOR MEMBERS OF THE BOARD OF 16 EDUCATION TO SERVE A FULL 4-YEAR TERM 17 VOTE FOR .... 18 ( ) ....................................... 19 ( ) ....................................... 20 ( ) ....................................... 21 FOR MEMBERS OF THE BOARD OF 22 EDUCATION TO SERVE AN UNEXPIRED 2-YEAR TERM 23 VOTE FOR .... 24 ( ) ....................................... 25 ( ) ....................................... 26 ( ) ....................................... 27 (FORMATS 2a and 2b 28 Ballot position for at large candidates shall be 29 determined by the order of petition filing or lottery held 30 pursuant to Section 9-11.1 and ballot position for candidates 31 grouped by "affected school district", as that term is 32 defined in Section 9-11.2, shall be determined by order of 33 petition filing or lottery held pursuant to Sections 9-11.1 34 and 9-11.2. HB0574 Enrolled -28- LRB9003008THpk 1 Format 2a is used only in electing, to unstaggered terms 2 expiring on the date of the regular school election held in 3 calendar year 2001, the initial 7 members of the board of 4 education of a combined school district that is established 5 as provided in subsection (a-5) of Section 11B-7, and Format 6 2b is used only in electing, when required under Section 7 10-10, a successor to serve the remainder of the unstaggered, 8 unexpired term of any such initial board member in whose 9 office a vacancy has occurred.) 10 Format 2a: 11 OFFICIAL BALLOT 12 FOR MEMBERS OF THE BOARD OF EDUCATION 13 TO SERVE A FULL TERM EXPIRING ON 14 (Insert date of regular school election in 2001) 15 Instructions to voter: One member of the board of 16 education is to be elected at large from within the territory 17 included within the boundaries of (insert name of the 18 combined school district as proposed or formed), 3 members 19 are to be elected from the territory included within the 20 boundaries of (former) Elementary School District No......, 21 and 3 members are to be elected from the territory included 22 within the boundaries of (former) Elementary School District 23 No....... 24 FOR THE MEMBER 25 OF THE BOARD OF EDUCATION 26 TO BE ELECTED AT LARGE 27 VOTE FOR ONE 28 ( ) ....................................... 29 ( ) ....................................... 30 FOR MEMBERS OF 31 THE BOARD OF EDUCATION 32 TO BE ELECTED FROM HB0574 Enrolled -29- LRB9003008THpk 1 (FORMER) ELEMENTARY SCHOOL DISTRICT NO. .... 2 VOTE FOR THREE 3 ( ) ....................................... 4 ( ) ....................................... 5 ( ) ....................................... 6 ( ) ....................................... 7 FOR MEMBERS OF 8 THE BOARD OF EDUCATION 9 TO BE ELECTED FROM 10 (FORMER) ELEMENTARY SCHOOL DISTRICT NO. .... 11 VOTE FOR THREE 12 ( ) ....................................... 13 ( ) ....................................... 14 ( ) ....................................... 15 ( ) ....................................... 16 Format 2b: 17 OFFICIAL BALLOT 18 FOR A MEMBER OF THE BOARD OF EDUCATION 19 TO BE ELECTED AT LARGE 20 TO SERVE AN UNEXPIRED TERM ENDING ON 21 (Insert date of regular school election in 2001) 22 VOTE FOR ONE 23 ( ) ....................................... 24 ( ) ....................................... 25 FOR MEMBERS (A MEMBER) 26 OF THE BOARD OF EDUCATION 27 TO BE ELECTED FROM 28 FORMER ELEMENTARY SCHOOL DISTRICT NO. .... 29 TO SERVE AN UNEXPIRED TERM ENDING ON 30 (Insert date of regular school election in 2001) 31 VOTE FOR .... HB0574 Enrolled -30- LRB9003008THpk 1 ( ) ....................................... 2 ( ) ....................................... 3 FOR MEMBERS (A MEMBER) 4 OF THE BOARD OF EDUCATION 5 TO BE ELECTED FROM 6 FORMER ELEMENTARY SCHOOL DISTRICT NO. .... 7 TO SERVE AN UNEXPIRED TERM ENDING ON 8 (Insert date of regular school election in 2001) 9 VOTE FOR .... 10 ( ) ....................................... 11 ( ) ....................................... 12 (FORMAT 3 13 Ballot position for incorporated and unincorporated areas 14 shall be determined by the order of petition filing or 15 lottery held pursuant to Sections 9-11.1 and 9-11.2. 16 This format is used by community unit, community 17 consolidated and combined school districts when the territory 18 is less than 2 congressional townships, or 72 square miles, 19 but consists of more than one congressional township, or 36 20 square miles, outside of the corporate limits of any city, 21 ( ) ............................ village or incorporated 22 town within the school district. The School Code requires 23 that not more than 5 board members shall be selected from any 24 city, village or incorporated town in the school district. 25 At least two board members must reside in the unincorporated 26 area of the school district. 27 Except for those community unit school districts formed 28 before January 1, 1975 that elect board members at large and 29 without restriction by area of residence within the district 30 under subsection (c) of Section 11A-8 and except for combined 31 school districts formed before July 1, 1983 and community 32 consolidated school districts that elect board members at 33 large and without restriction by area of residence within the HB0574 Enrolled -31- LRB9003008THpk 1 district under subsection (c) of Section 11B-7, this format 2 applies to community unit and community consolidated school 3 districts formed prior to January 1, 1975 and combined school 4 districts formed prior to July 1, 1983.) 5 OFFICIAL BALLOT 6 Instructions to voter: The board of education shall be 7 composed of members from both the incorporated and the 8 unincorporated area; not more than 5 board members shall be 9 selected from any city, village or incorporated town. 10 On the basis of existing board membership, not more than 11 .... may be elected from the incorporated areas. 12 FOR MEMBERS OF THE BOARD OF EDUCATION 13 TO SERVE A FULL 4-YEAR TERM 14 VOTE FOR .... 15 ................... Area 16 ( ) ........................... 17 ( ) ........................... 18 ................... Area 19 ( ) ........................... 20 ( ) ........................... 21 FOR MEMBERS OF THE BOARD OF EDUCATION 22 TO SERVE AN UNEXPIRED 2-YEAR TERM 23 VOTE FOR .... 24 ................... Area 25 ( ) ........................... 26 ( ) ........................... 27 ................... Area 28 ( ) ........................... 29 ( ) ........................... 30 (FORMAT 4 31 Ballot position for township areas shall be determined by 32 the order of petition filing or lottery held pursuant to 33 Sections 9-11.1 and 9-11.2. 34 Except for those community unit school districts formed HB0574 Enrolled -32- LRB9003008THpk 1 prior to January 1, 1975 that elect board members at large 2 and without restriction by area of residence within the 3 district under subsection (c) of Section 11A-8 and except for 4 those combined school districts formed before July 1, 1983 5 and community consolidated school districts that elect board 6 members at large and without restriction by area of residence 7 within the district under subsection (c) of Section 11B-7, 8 this format applies to community unit and community 9 consolidated school districts formed prior to January 1, 1975 10 and combined school districts formed prior to July 1, 1983 11 when the territory of the school district is greater than 2 12 congressional townships, or 72 square miles. This format 13 applies only when less than 75% of the population is in one 14 congressional township. Congressional townships of less than 15 100 inhabitants shall not be considered for the purpose of 16 such mandatory board representation. In this case, not more 17 than 3 board members may be selected from any one 18 congressional township.) 19 OFFICIAL BALLOT 20 Instructions to voter: Membership on the board of 21 education is restricted to a maximum of 3 members from any 22 congressional township. On the basis of existing board 23 membership, members may be elected in the following numbers 24 from each congressional township. 25 Not more than .... may be elected from Township .... 26 Range .... 27 Not more than .... may be elected from Township .... 28 Range .... 29 Not more than .... may be elected from Township .... 30 Range .... 31 (Include each remaining congressional township in 32 district as needed) 33 FOR MEMBERS OF THE BOARD OF 34 EDUCATION TO SERVE A FULL 4-YEAR TERM HB0574 Enrolled -33- LRB9003008THpk 1 VOTE FOR .... 2 Township .............. Range ................ 3 ( ) ............................ 4 ( ) ............................ 5 Township .............. Range ................ 6 ( ) ............................ 7 ( ) ............................ 8 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE 9 AN UNEXPIRED 2-YEAR TERM 10 VOTE FOR .... 11 Township .............. Range ................ 12 ( ) ............................ 13 ( ) ............................ 14 Township .............. Range ................ 15 ( ) ............................ 16 ( ) ............................ 17 (FORMAT 5 18 Ballot position for township areas shall be determined by 19 the order of petition filing or lottery held pursuant to 20 Sections 9-11.1 and 9-11.2. 21 Except for those community unit school districts formed 22 before January 1, 1975 that elect board members at large and 23 without restriction by area of residence within the district 24 under subsection (c) of Section 11A-8 and except for those 25 combined school districts formed before July 1, 1983 and 26 community consolidated school districts that elect board 27 members at large and without restriction by area of residence 28 within the district under subsection (c) of Section 11B-7, 29 this format is used by community unit and community 30 consolidated school districts formed prior to January 1, 31 1975, and combined school districts formed prior to July 1, 32 1983, when the territory of the school district is greater 33 than 2 congressional townships, or 72 square miles and when 34 at least 75%, but not more than 90%, of the population HB0574 Enrolled -34- LRB9003008THpk 1 resides in one congressional township. In this case, 4 2 school board members shall be selected from that one 3 congressional township and the 3 remaining board members 4 shall be selected from the rest of the district. If a school 5 district from which school board members are to be selected 6 is located in a county under township organization and if the 7 surveyed boundaries of a congressional township from which 8 one or more of those school board members is to be selected, 9 as described by township number and range, are coterminous 10 with the boundaries of the township as identified by the 11 township name assigned to it as a political subdivision of 12 the State, then that township may be referred to on the 13 ballot by both its township name and by township number and 14 range.) 15 OFFICIAL BALLOT 16 Instructions to voter: Membership on the board of 17 education is to consist of 4 members from the congressional 18 township that has at least 75% but not more than 90% of the 19 population, and 3 board members from the remaining 20 congressional townships in the school district. On the basis 21 of existing board membership, members may be elected in the 22 following numbers from each congressional township. 23 FOR MEMBER OF THE BOARD OF EDUCATION 24 TO SERVE AN UNEXPIRED 2-YEAR TERM 25 FROM (name)........ TOWNSHIP ..... RANGE ..... 26 VOTE FOR ONE 27 ( ).......................... 28 ( ).......................... 29 FOR MEMBERS OF THE BOARD OF EDUCATION 30 TO SERVE A FULL 4-YEAR TERM;31 VOTE FOR .... 32 ..... shall be elected from (name)...... Township ..... 33 Range .....; ...... board members shall be elected from the 34 remaining congressional townships. HB0574 Enrolled -35- LRB9003008THpk 1 (name)....... TOWNSHIP ..... RANGE ..... 2 ( ) ............................ 3 ( ) ............................ 4 The Remaining Congressional Townships 5 ( ) ............................ 6 ( ) ............................ 7 (FORMAT 6 8 Ballot position for candidates shall be determined by the 9 order of petition filing or lottery held pursuant to Section 10 9-11.1. 11 This format is used by school districts in which voters 12 have approved a referendum to elect school board members by 13 school board district. The school district is then divided 14 into 7 school board districts, each of which elects one 15 member to the board of education.) 16 OFFICIAL BALLOT 17 DISTRICT ....... (1 through 7) 18 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE 19 A FULL 4-YEAR TERM 20 VOTE FOR ONE 21 ( ) ..................................... 22 ( ) ..................................... 23 ( ) ..................................... 24 (-OR-) 25 OFFICIAL BALLOT 26 DISTRICT ....... (1 through 7) 27 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE 28 AN UNEXPIRED 2-YEAR TERM 29 VOTE FOR ONE 30 ( ) ..................................... 31 ( ) ..................................... 32 ( ) ..................................... 33 REVERSE SIDE: 34 OFFICIAL BALLOT HB0574 Enrolled -36- LRB9003008THpk 1 DISTRICT ....... (1 through 7) 2 (Precinct name or number) 3 School District No. ......, ........... County, Illinois 4 Election Tuesday ..................., 19...... 5 (facsimile signature of Election Authority) 6 (County) 7 (FORMAT 7 8 Ballot position for incorporated and unincorporated areas 9 shall be determined by the order of petition filing or 10 lottery held pursuant to Sections 9-11.1 and 9-11.2. 11 This format is used by high school districts if more than 12 15% but less than 30% of the taxable property is located in 13 the unincorporated territory of the school district. In this 14 case, at least one board member shall be a resident of the 15 unincorporated territory.) 16 OFFICIAL BALLOT 17 Instructions to voter: More than 15% but less than 30% of 18 the taxable property of this high school district is located 19 in the unincorporated territory of the district, therefore, 20 at least one board member shall be a resident of the 21 unincorporated areas. 22 On the basis of existing board membership, at least one 23 member shall be elected from the unincorporated area. 24 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE 25 A FULL 4-YEAR TERM 26 VOTE FOR .... 27 ................... Area 28 ( ) ........................... 29 ( ) ........................... 30 ................... Area 31 ( ) ........................... 32 ( ) ........................... 33 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE 34 AN UNEXPIRED 2-YEAR TERM HB0574 Enrolled -37- LRB9003008THpk 1 VOTE FOR .... 2 ................... Area 3 ( ) ........................... 4 ( ) ........................... 5 ................... Area 6 ( ) ........................... 7 ( ) ........................... 8 (FORMAT 7a 9 Ballot position for candidates shall be determined by the 10 order of petition filing or lottery held pursuant to Sections 11 9-11.1 and 9-11.2. 12 This format is used by high school districts if more than 13 15% but less than 30% of the taxable property is located in 14 the unincorporated territory of the school district and on 15 the basis of existing board membership no board member is 16 required to be elected from the unincorporated area.) 17 OFFICIAL BALLOT 18 Instruction to voter: More than 15% but less than 30% of 19 the taxable property of this high school district is located 20 in the unincorporated territory of the district, therefore, 21 at least one board member shall be a resident of the 22 unincorporated areas. 23 On the basis of existing board membership, members may be 24 elected from any area or areas. 25 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE 26 A FULL 4-YEAR TERM 27 VOTE FOR .... 28 ( ) ........................................ 29 ( ) ........................................ 30 ( ) ........................................ 31 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE 32 AN UNEXPIRED 2-YEAR TERM 33 VOTE FOR .... 34 ( ) ........................................ HB0574 Enrolled -38- LRB9003008THpk 1 ( ) ........................................ 2 ( ) ........................................ 3 (FORMAT 8 4 Ballot position for incorporated and unincorporated areas 5 shall be determined by the order of petition filing or 6 lottery held pursuant to Sections 9-11.1 and 9-11.2. 7 This format is used by high school districts if more than 8 30% of the taxable property is located in the unincorporated 9 territory of the school district. In this case, at least two 10 board members shall be residents of the unincorporated 11 territory.) 12 OFFICIAL BALLOT 13 Instructions to voters: Thirty percent (30%) or more of 14 the taxable property of this high school district is located 15 in the unincorporated territory of the district, therefore, 16 at least two board members shall be residents of the 17 unincorporated territory. 18 On the basis of existing board membership at least 2 19 members shall be elected from the unincorporated area. 20 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE 21 A FULL 4-YEAR TERM 22 VOTE FOR .... 23 ................... Area 24 ( ) ........................... 25 ( ) ........................... 26 ................... Area 27 ( ) ........................... 28 ( ) ........................... 29 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE 30 AN UNEXPIRED 2-YEAR TERM 31 VOTE FOR .... 32 ................... Area 33 ( ) ........................... 34 ( ) ........................... HB0574 Enrolled -39- LRB9003008THpk 1 ................... Area 2 ( ) ........................... 3 ( ) ........................... 4 (FORMAT 8a 5 Ballot position for incorporated and unincorporated areas 6 shall be determined by the order of petition filing or 7 lottery held pursuant to Sections 9-11.1 and 9-11.2. 8 This format is used by high school districts if more than 9 30% of the taxable property is located in the unincorporated 10 territory of the school district. In this case, at least two 11 board members shall be residents of the unincorporated 12 territory.) 13 OFFICIAL BALLOT 14 Instructions to voters: Thirty percent (30%) or more of 15 the taxable property of this high school district is located 16 in the unincorporated territory of the district, therefore, 17 at least two board members shall be residents of the 18 unincorporated territory. 19 On the basis of existing board membership at least one 20 member shall be elected from the unincorporated area. 21 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE 22 A FULL 4-YEAR TERM 23 VOTE FOR .... 24 ................... Area 25 ( ) ........................... 26 ( ) ........................... 27 ................... Area 28 ( ) ........................... 29 ( ) ........................... 30 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE 31 AN UNEXPIRED 2-YEAR TERM 32 VOTE FOR .... 33 ................... Area 34 ( ) ........................... HB0574 Enrolled -40- LRB9003008THpk 1 ( ) ........................... 2 ................... Area 3 ( ) ........................... 4 ( ) ........................... 5 (FORMAT 8b 6 Ballot position for incorporated and unincorporated areas 7 shall be determined by the order of petition filing or 8 lottery held pursuant to Sections 9-11.1 and 9-11.2. 9 This format is used by high school districts if more than 10 30% of the taxable property is located in the unincorporated 11 territory of the school district. In this case, at least two 12 board members shall be residents of the unincorporated 13 territory.) 14 OFFICIAL BALLOT 15 Instructions to voters: Thirty percent (30%) or more of 16 the taxable property of this high school district is located 17 in the unincorporated territory of the district, therefore, 18 at least two board members shall be residents of the 19 unincorporated territory. 20 On the basis of existing board membership, members may be 21 elected from any area or areas. 22 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE 23 A FULL 4-YEAR TERM 24 VOTE FOR .... 25 ( ) ........................... 26 ( ) ........................... 27 ( ) ........................... 28 ( ) ........................... 29 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE 30 AN UNEXPIRED 2-YEAR TERM 31 VOTE FOR .... 32 ( ) ........................... 33 ( ) ........................... 34 ( ) ........................... HB0574 Enrolled -41- LRB9003008THpk 1 ( ) ........................... 2 (Source: P.A. 89-129, eff. 7-14-95; 89-416, eff. 11-22-95; 3 89-579, eff. 7-30-96; revised 10-24-96.) 4 (105 ILCS 5/10-10) (from Ch. 122, par. 10-10) 5 Sec. 10-10. Board of education - Term - Vacancy. All 6 school districts having a population of not fewer than 1,000 7 and not more than 500,000 inhabitants, as ascertained by any 8 special or general census, and not governed by special Acts, 9 shall be governed by a board of education consisting of 7 10 members, serving without compensation except as herein 11 provided. Each member shall be elected for a term of 4 years 12 except as otherwise provided in subsection (a-5) of Section 13 11B-7 for the initial members of the board of education of a 14 combined school district to which that subsection applies. If 15 5 members are elected in 1983 pursuant to the extension of 16 terms provided by law for transition to the consolidated 17 election schedule under the general election law, 2 of those 18 members shall be elected to serve terms of 2 years and 3 19 shall be elected to serve terms of 4 years; their successors 20 shall serve for a 4 year term. When the voters of a district 21 have voted to elect members of the board of education for 6 22 year terms, as provided in Section 9-5, the terms of office 23 of members of the board of education of that district expire 24 when their successors assume office but not later than 7 days 25 after such election. If at the regular school election held 26 in the first odd-numbered year after the determination to 27 elect members for 6 year terms 2 members are elected, they 28 shall serve for a 6 year term; and of the members elected at 29 the next regular school election 3 shall serve for a term of 30 6 years and 2 shall serve a term of 2 years. Thereafter 31 members elected in such districts shall be elected to a 6 32 year term. If at the regular school election held in the 33 first odd-numbered year after the determination to elect HB0574 Enrolled -42- LRB9003008THpk 1 members for 6 year terms 3 members are elected, they shall 2 serve for a 6 year term; and of the members elected at the 3 next regular school election 2 shall serve for a term of 2 4 years and 2 shall serve for a term of 6 years. Thereafter 5 members elected in such districts shall be elected to a 6 6 year term. If at the regular school election held in the 7 first odd-numbered year after the determination to elect 8 members for 6 year terms 4 members are elected, 3 shall serve 9 for a term of 6 years and one shall serve for a term of 2 10 years; and of the members elected at the next regular school 11 election 2 shall serve for terms of 6 years and 2 shall serve 12 for terms of 2 years. Thereafter members elected in such 13 districts shall be elected to a 6 year term. If at the 14 regular school election held in the first odd-numbered year 15 after the determination to elect members for a 6 year term 5 16 members are elected, 3 shall serve for a term of 6 years and 17 2 shall serve for a term of 2 years; and of the members 18 elected at the next regular school election 2 shall serve for 19 terms of 6 years and 2 shall serve for terms of 2 years. 20 Thereafter members elected in such districts shall be elected 21 to a 6 year term. An Election for board members shall not be 22 held in school districts which by consolidation, annexation 23 or otherwise shall cease to exist as a school district within 24 six months after the election date, and the term of all board 25 members which would otherwise terminate shall be continued 26 until such district shall cease to exist. Each member shall, 27 on the date of his election, be a citizen of the United 28 States of the age of 18 years or over, a resident of the 29 state and the territory of the district for at least one year 30 immediately preceding his election, a registered voter as 31 provided in the general election law, and shall not be a 32 school trustee or a school treasurer. When the board of 33 education is the successor of the school directors, all 34 rights of property, and all rights regarding causes of action HB0574 Enrolled -43- LRB9003008THpk 1 existing or vested in such directors, shall vest in it as 2 fully as they were vested in the school directors. 3 Nomination papers filed under this Section are not valid 4 unless the candidate named therein files with the secretary 5 of the board of education or with a person designated by the 6 board to receive nominating petitions a receipt from the 7 county clerk showing that the candidate has filed a statement 8 of economic interests as required by the Illinois 9 Governmental Ethics Act. Such receipt shall be so filed 10 either previously during the calendar year in which his 11 nomination papers were filed or within the period for the 12 filing of nomination papers in accordance with the general 13 election law. 14 Whenever a vacancy occurs, the remaining members shall 15 notify the regional superintendent of that vacancy within 5 16 days after its occurrence and shall proceed to fill the 17 vacancy until the next regular school election, at which 18 election a successor shall be elected to serve the remainder 19 of the unexpired term. However, if the vacancy occurs with 20 less than 868 days remaining in the term, or if the vacancy 21 occurs less than 88 days before the next regularly scheduled 22 election for this office then the person so appointed shall 23 serve the remainder of the unexpired term, and no election to 24 fill the vacancy shall be held. Should they fail so to act, 25 within 45 days after the vacancy occurs, the regional 26 superintendent of schools under whose supervision and control 27 the district is operating, as defined in Section 3-14.2 of 28 this Act, shall within 30 days after the remaining members 29 have failed to fill the vacancy, fill the vacancy as provided 30 for herein. Upon the regional superintendent's failure to 31 fill the vacancy, the vacancy shall be filled at the next 32 regularly scheduled election. Whether elected or appointed 33 by the remaining members or regional superintendent, the 34 successor shall be an inhabitant of the particular area from HB0574 Enrolled -44- LRB9003008THpk 1 which his or her predecessor was elected if the residential 2 requirements contained in Section 11A-8, 11B-7, or 12-2 of 3 this Act apply. 4 (Source: P.A. 89-129, eff. 7-14-95; 89-579, eff. 7-30-96.) 5 (105 ILCS 5/10-16) (from Ch. 122, par. 10-16) 6 Sec. 10-16. Organization of Board. Within 7 days after 7 the election the board shall organize by electing its 8 officers and fixing a time and place for the regular 9 meetings. It shall then enter upon the discharge of its 10 duties. 11 The regional superintendent of schools having supervision 12 and control over the district as provided in Section 3-14.2 13 of this Act shall convene the newly elected board within 7 14 days after the election of the board of education of any new 15 district governed by this Act, whereupon the board shall 16 proceed to organize by electing 1 of their number as 17 president and electing a secretary, who may or may not be a 18 member. At such meeting the length of term of each of the 19 members shall be determined by lot so that 4 shall serve for 20 4 years, and 3 for 2 years from the commencement of their 21 terms; provided, however, if such members were not elected at 22 the nonpartisan election in an odd-numbered year, such 23 initial terms shall be extended to the nonpartisan election 24 for school board members immediately following the expiration 25 of the initial 4 or 2 year terms. The provisions of this 26 paragraph that relate to the determination of terms by lot 27 shall not apply to the initial members of the board of 28 education of a combined school district who are to be elected 29 to unstaggered terms as provided in subsection (a-5) of 30 Section 11B-7. The terms of the officers shall be for 2 years 31 except that the board by resolution may establish a policy 32 for the terms of office to be one year, and provide for the 33 election of officers. HB0574 Enrolled -45- LRB9003008THpk 1 Special meetings of the board of education may be called 2 by the president or by any 3 members of the board by giving 3 notice thereof in writing, stating the time, place and 4 purpose of the meeting. Such notice may be served by mail 48 5 hours before such meeting or by personal service 24 hours 6 before such meeting. Public notice of meetings must also be 7 given as prescribed in Sections 2.02 and 2.03 of the Open 8 Meetings Act, as now or hereafter amended. 9 At each regular and special meeting which is open to the 10 public, members of the public and employees of the district 11 shall be afforded time, subject to reasonable constraints, to 12 comment to or ask questions of the board. 13 The president or district superintendent shall, at each 14 regular board meeting, report any requests made of the 15 district under provisions of The Freedom of Information Act 16 and shall report the status of the district's response. 17 (Source: P.A. 87-10.) 18 (105 ILCS 5/11B-7) (from Ch. 122, par. 11B-7) 19 Sec. 11B-7. Passage requirements. 20 (a) Except as otherwise provided in subsection (a-5) of 21 this Section, if a majority of the electors voting at such 22 election held within the territory of the proposed combined 23 school district vote in favor of the establishment of such 24 combined school district, the proposition shall be deemed to 25 have passed. Unless the board of education of a new combined 26 school district is elected at the same election at which the 27 proposition establishing that district is deemed to have 28 passed, the regional superintendent of schools shall order an 29 election to be held on the next regularly scheduled election 30 date for the purpose of electing a board of education for 31 that district. In either event, the board of education 32 elected for a new combined school district created under this 33 Article shall consist of 7 members who shall have the terms HB0574 Enrolled -46- LRB9003008THpk 1 and the powers and duties of school boards as defined in 2 Article 10 of this Act, except that the initial members of 3 the board of education of a new combined school district to 4 which the provisions of subsection (a-5) apply shall be 5 elected to serve terms as provided in subsection (a-5) of 6 this Section. Nomination papers filed under this Section are 7 not valid unless the candidate named therein files with the 8 regional superintendent a receipt from the county clerk 9 showing that the candidate has filed a statement of economic 10 interest as required by the Illinois Governmental Ethics Act. 11 Such statement shall be so filed either previously during the 12 calendar year in which his nomination papers were filed or 13 within the period for the filing of nomination papers in 14 accordance with the general election law. The regional 15 superintendent shall perform the election duties assigned by 16 law to the secretary of a school board for such election, and 17 shall certify the officers and candidates therefor pursuant 18 to the general election law. 19 (a-5) If a petition is filed under this Article to form 20 a combined school district from 2 contiguous, entire 21 elementary school districts (both of which districts are 22 located in a county with a population in excess of 175,000, 23 one of which districts has an enrollment for the 1996-1997 24 school year of not less than 70 nor more than 75 pupils and 25 not less than 340 nor more than 350 registered voters on the 26 effective date of this amendatory Act of 1997, and the other 27 of which districts has an enrollment for the 1996-1997 school 28 year of not less than 275 nor more than 280 pupils and not 29 less than 1600 nor more than 1610 registered voters on the 30 effective date of this amendatory Act of 1997), and if the 31 proposition to establish that combined school district is 32 submitted to the voters at the nonpartisan election in 33 November of 1997 or at any regular scheduled election during 34 calendar year 1998, then the proposition shall be deemed to HB0574 Enrolled -47- LRB9003008THpk 1 have passed if and only if a majority of the voters in each 2 of the 2 affected elementary school districts voting at the 3 election vote in favor of the establishment of the combined 4 school district. At the election at which the initial 5 members of the board of education of the new combined school 6 district are elected (whether they are elected at the same 7 election at which the proposition establishing the combined 8 school district is deemed to have passed or at the next 9 regularly scheduled election), one shall be elected at large 10 from within the territory that is to comprise the combined 11 school district, 3 shall be elected by area of residence 12 within the territory that, until the combined school district 13 is established, comprises one of the affected elementary 14 school districts that forms part of the combined school 15 district, and 3 shall be elected by area of residence within 16 the territory that, until the combined school district is 17 established, comprises the other affected elementary school 18 district that forms the remainder of the combined school 19 district. All 7 of the initial board members shall serve for 20 unstaggered terms that expire when their successors are 21 elected and have organized in accordance with Section 10-16. 22 The immediate successors in office of the initial board 23 members of the combined school district shall be elected at 24 the regular school election held in calendar year 2001. 25 Those immediate successors and their successors in office 26 shall be elected at large from within the combined school 27 district and without restriction by area of residence for a 28 term of 4 years; provided that the terms of the board members 29 elected at the regular school election held in calendar year 30 2001 shall be staggered and determined in accordance with the 31 provisions of Section 10-16. 32 (b) Except as otherwise provided in subsection (c), for 33 school districts formed before July 1, 1983, if the territory 34 of such district is greater than 2 congressional townships or HB0574 Enrolled -48- LRB9003008THpk 1 72 square miles, then not more than 3 board members may be 2 selected from any one congressional township, but 3 congressional townships of less than 100 inhabitants shall 4 not be considered for the purpose of such mandatory board 5 representation, and in any such combined school district 6 where at least 75% but not more than 90% of the population is 7 in one congressional township 4 board members shall be 8 selected therefrom and 3 board members shall be selected from 9 the rest of the district, but in any such combined school 10 district where more than 90% of the population is in one 11 congressional township all board members may be selected from 12 one or more congressional townships; and whenever the 13 territory of any combined school district shall consist of 14 not more than 2 congressional townships or 72 square miles, 15 but shall consist of more than one congressional township, or 16 36 square miles, outside of the corporate limits of any city, 17 village or incorporated town within the school district, not 18 more than 5 board members shall be selected from any city, 19 village or incorporated town in such school district. 20 (c) The provisions of subsection (b) for mandatory board 21 representation shall no longer apply to a combined school 22 district formed before July 1, 1983 or to community 23 consolidated school districts, and the members of the board 24 of education shall be elected at large from within the school 25 district and without restriction by area of residence within 26 the district if both of the following conditions are met with 27 respect to that district: 28 (1) A proposition for the election of board members 29 at large and without restriction by area of residence 30 within the district rather than in accordance with the 31 provisions of subsection (b) for mandatory board 32 representation is submitted to the school district's 33 voters at a regular school election or at the general 34 election as provided in this subsection (c). HB0574 Enrolled -49- LRB9003008THpk 1 (2) A majority of those voting at the election in 2 each congressional township comprising the territory of 3 the school district, including any congressional township 4 of less than 100 inhabitants, vote in favor of the 5 proposition. 6 The board of education of the school district may by 7 resolution order submitted or, upon the petition of the 8 lesser of 2,500 or 5% of the school district's registered 9 voters, shall order submitted to the school district's voters 10 at a regular school election or at the general election the 11 proposition for the election of board members at large and 12 without restriction by area of residence within the district 13 rather than in accordance with the provisions of subsection 14 (b) for mandatory board representation; and the proposition 15 shall thereupon be certified by the board's secretary for 16 submission. If a majority of those voting at the election in 17 each congressional township comprising the territory of the 18 school district, including any congressional township of less 19 than 100 inhabitants, vote in favor of the proposition: (i) 20 the proposition to elect board members at large and without 21 restriction by area of residence within the district shall be 22 deemed to have passed, (ii) new members of the board shall be 23 elected at large and without restriction by area of residence 24 within the district at the next regular school election, and 25 (iii) the terms of office of the board members incumbent at 26 the time the proposition is adopted shall expire when the new 27 board members that are elected at large and without 28 restriction by area of residence within the district have 29 organized in accordance with Section 10-16. In a combined 30 school district or a community consolidated school district 31 that formerly elected its members under subsection (b) to 32 successive terms not exceeding 4 years, the members elected 33 at large and without restriction by area of residence within 34 the district shall be elected for a term of 4 years, and in a HB0574 Enrolled -50- LRB9003008THpk 1 combined school district that formerly elected its members 2 under subsection (b) to successive terms not exceeding 6 3 years, the members elected at large and without restriction 4 by area of residence within the district shall be elected for 5 a term of 6 years; provided, that in each case the terms of 6 the board members initially elected at large and without 7 restriction by area of residence within the district as 8 provided in this subsection shall be staggered and determined 9 in accordance with the provisions of Sections 10-10 and 10 10-16. 11 (Source: P.A. 89-129, eff. 7-14-95; 89-416, eff. 11-22-95.) 12 Section 99. Effective date. This Act takes effect upon 13 becoming a law.