Public Act 100-0800
 
SB2900 EnrolledLRB100 19545 AXK 34813 b


  
    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.)