| ||||
Public Act 100-0800 | ||||
| ||||
| ||||
AN ACT concerning education.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The School Code is amended by changing Section | ||||
10-10.5 as follows: | ||||
(105 ILCS 5/10-10.5) | ||||
Sec. 10-10.5. Community unit school district or combined | ||||
school district formation; school board election. | ||||
(a) Except as otherwise provided in subsection (b) or (c) | ||||
of this Section, for community unit school districts formed | ||||
before January 1, 1975 and for combined school districts formed | ||||
before July 1, 1983, the following provisions apply: | ||||
(1) if the territory of the district is greater than 2 | ||||
congressional townships or 72 square miles, then not more | ||||
than 3 board members may be selected from any one | ||||
congressional township, except that congressional | ||||
townships of less than 100 inhabitants shall not be | ||||
considered for the purpose of this mandatory board | ||||
representation; | ||||
(2) if in the community unit school district or | ||||
combined school district at least 75% but not more than 90% | ||||
of the population is in one congressional township, then 4 | ||||
board members shall be selected from the congressional |
township and 3 board members shall be selected from the | ||
rest of the district, except that if in the community unit | ||
school district or combined school district more than 90% | ||
of the population is in one congressional township, then | ||
all board members may be selected from one or more | ||
congressional townships; and | ||
(3) if the territory of any community unit school | ||
district or combined school district consists of not more | ||
than 2 congressional townships or 72 square miles, but | ||
consists of more than one congressional township or 36 | ||
square miles, outside of the corporate limits of any city, | ||
village, or incorporated town within the school district, | ||
then not more than 5 board members may be selected from any | ||
city, village, or incorporated town in the school district. | ||
(b)(1) The provisions of subsection (a) of this Section for | ||
mandatory board representation shall no longer apply to a | ||
community unit school district formed before January 1, 1975, | ||
to a combined school district formed before July 1, 1983, or to | ||
community consolidated school districts, and the members of the | ||
board of education shall be elected at large from within the | ||
school district and without restriction by area of residence | ||
within the district if both of the following conditions are met | ||
with respect to that district: | ||
(A) A proposition for the election of board members at | ||
large and without restriction by area of residence within | ||
the school district rather than in accordance with the |
provisions of subsection (a) of this Section for mandatory | ||
board representation is submitted to the school district's | ||
voters at a regular school election or at the general | ||
election as provided in this subsection (b). | ||
(B) A majority of those voting at the election in each | ||
congressional township comprising the territory of the | ||
school district, including any congressional township of | ||
less than 100 inhabitants, vote in favor of the proposition | ||
or two-thirds of all voters voting on the proposition vote | ||
in favor of the proposition. | ||
(2) The school board may, by resolution, order | ||
submitted or, upon the petition of the lesser of 2,500 or | ||
5% of the school district's registered voters, shall order | ||
submitted to the school district's voters, at a regular | ||
school election or at the general election, the proposition | ||
for the election of board members at large and without | ||
restriction by area of residence within the district rather | ||
than in accordance with the provisions of subsection (a) of | ||
this Section for mandatory board representation; and the | ||
proposition shall thereupon be certified by the board's | ||
secretary for submission. | ||
(3) If a majority of those voting at the election in | ||
each congressional township comprising the territory of | ||
the school district, including any congressional township | ||
of less than 100 inhabitants, vote in favor of the | ||
proposition or if two-thirds of all voters voting on the |
proposition vote in favor of the proposition: | ||
(A) the proposition to elect board members at large | ||
and without restriction by area of residence within the | ||
district shall be deemed to have passed, | ||
(B) new members of the board shall be elected at | ||
large and without restriction by area of residence | ||
within the district at the next regular school | ||
election, and | ||
(C) the terms of office of the board members | ||
incumbent at the time the proposition is adopted shall | ||
expire when the new board members that are elected at | ||
large and without restriction by area of residence | ||
within the district have organized in accordance with | ||
Section 10-16. | ||
(4) In a community unit school district, a combined | ||
school district, or a community consolidated school | ||
district that formerly elected its members under | ||
subsection (a) of this Section to successive terms not | ||
exceeding 4 years, the members elected at large and without | ||
restriction by area of residence within the district shall | ||
be elected for a term of 4 years, and in a community unit | ||
school district or combined school district that formerly | ||
elected its members under subsection (a) of this Section to | ||
successive terms not exceeding 6 years, the members elected | ||
at large and without restriction by area of residence | ||
within the district shall be elected for a term of 6 years; |
provided that in each case the terms of the board members | ||
initially elected at large and without restriction by area | ||
of residence within the district as provided in this | ||
subsection (b) shall be staggered and determined in | ||
accordance with the provisions of Sections 10-10 and 10-16 | ||
of this Code.
| ||
(c) If a school board fills a vacancy under Section 10-10 | ||
of this Code due to a lack of candidates for election in a | ||
congressional township in the most recent election, then the | ||
school board shall, by resolution, order submitted to the | ||
school district's voters at the next general election a | ||
proposition for the election of a board member at large without | ||
restriction by area of residence within the district and the | ||
proposition shall be certified by the school board's secretary | ||
for submission. | ||
(Source: P.A. 99-91, eff. 1-1-16 .)
|