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Public Act 094-0231
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| SB1638 Enrolled |
LRB094 10933 NHT 41507 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Sections |
10-1, 10-10, 33-1, and 34-3 and by adding Section 32-3.5 as |
follows:
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(105 ILCS 5/10-1) (from Ch. 122, par. 10-1)
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Sec. 10-1. Board
of school directors.
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(a) School districts having a population of fewer than 1000 |
inhabitants
and
not governed by any special act shall be |
governed by a board of school
directors to consist of 3 members |
who shall be elected in the manner
provided in Article 9 of |
this Act. In consolidated districts and in districts
in which |
the membership of the board of school directors is increased as
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provided in subsection (b), 7 members
shall be so elected.
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(b) Upon presentment to the board of school directors of a |
school district
having a population of fewer than 1,000 |
inhabitants of a petition signed by the
lesser of 5% or 25 of |
the registered voters of the district to increase the
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membership of the district's board of school directors to 7 |
directors and to
elect a new 7-member board of school directors |
to replace the district's
existing board of 3 school directors, |
the clerk or secretary of the board of
school directors shall |
certify the proposition to the proper election
authorities for |
submission to the electors of the district at a regular
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scheduled election in accordance with the general election law. |
If the
proposition is approved by a majority of those voting on |
the proposition, the
members of the board of school directors |
of that district thereafter shall be
elected in the manner |
provided by subsection (c) of Section 10-4.
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(c) A board of school directors may appoint a student to |
the board to serve in an advisory capacity. The student member |
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shall serve for a term as determined by the board. The board |
may not grant the student member any voting privileges, but |
shall consider the student member as an advisor. The student |
member may not participate in or attend any executive session |
of the board.
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(Source: P.A. 90-757, eff. 8-14-98.)
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(105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
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Sec. 10-10. Board of education; Term; Vacancy. All school |
districts
having a population of not fewer than 1,000 and not |
more than 500,000
inhabitants, as ascertained by any special or |
general census, and not
governed by special Acts, shall be |
governed by a board of education
consisting of 7 members, |
serving without compensation except as herein
provided. Each |
member shall be elected for a term of 4 years except as
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otherwise provided in subsection (a-5) of Section 11B-7 for the |
initial members
of the board of education of a combined school |
district to which that
subsection applies. If 5 members are |
elected in 1983 pursuant to the extension
of terms provided by
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law for transition to the consolidated election schedule under |
the general
election law, 2 of those members shall be elected |
to serve terms of 2 years
and 3 shall be elected to serve terms |
of 4 years; their successors shall
serve for a 4 year term. |
When the voters of a district have voted to elect
members of |
the board of education for 6 year terms, as provided in Section
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9-5, the terms of office of members of the board of education |
of that
district expire when their successors assume office but |
not later than 7
days after such election. If at the regular |
school election held in the
first odd-numbered year after the |
determination to elect members for 6 year
terms 2 members are |
elected, they shall serve for a 6 year term; and of the
members |
elected at the next regular school election 3 shall serve for a
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term of 6 years and 2 shall serve a term of 2 years. Thereafter |
members
elected in such districts shall be elected to a 6 year |
term. If at the
regular school election held in the first |
odd-numbered year after the
determination to elect members for |
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6 year terms 3 members are elected, they
shall serve for a 6 |
year term; and of the members elected at the next
regular |
school election 2 shall serve for a term of 2 years and 2 shall
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serve for a term of 6 years. Thereafter members elected in such |
districts
shall be elected to a 6 year term. If at the regular |
school election held
in the first odd-numbered year after the |
determination to elect members for
6 year terms 4 members are |
elected, 3 shall serve for a term of 6 years and
one shall |
serve for a term of 2 years; and of the members elected at the
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next regular school election 2 shall serve for terms of 6 years |
and 2 shall
serve for terms of 2 years. Thereafter members |
elected in such districts
shall be elected to a 6 year term. If |
at the regular school election held
in the first odd-numbered |
year after the determination to elect members for
a 6 year term |
5 members are elected, 3 shall serve for a term of 6 years
and 2 |
shall serve for a term of 2 years; and of the members elected |
at the
next regular school election 2 shall serve for terms of |
6 years and 2 shall
serve for terms of 2 years. Thereafter |
members elected in such districts
shall be elected to a 6 year |
term. An election for board members shall not
be held in school |
districts which by consolidation, annexation or otherwise
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shall cease to exist as a school district within 6 months after |
the
election date, and the term of all board members which |
would otherwise
terminate shall be continued until such |
district shall cease to exist. Each
member, on the date of his |
or her election, shall be a
citizen of the United
States of the |
age of 18 years or over, shall be a resident of the State and
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the
territory of the district for at least one year immediately |
preceding his or
her
election, shall be a registered voter as |
provided in the general election
law,
shall not be a school |
trustee or a school treasurer, and shall not be a child
sex |
offender as defined in Section 11-9.3 of the
Criminal Code of |
1961. When the board of
education is the successor of the |
school directors, all rights of property,
and all rights |
regarding causes of action existing or vested in such
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directors, shall vest in it as fully as they were vested in the |
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school
directors. Terms of members are subject to Section 2A-54 |
of the Election Code.
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Nomination papers filed under this Section are not valid |
unless the candidate
named therein files with the secretary of |
the board of education or with
a person designated by the board |
to receive nominating petitions a receipt
from the county clerk |
showing that the candidate has filed a statement of
economic |
interests as required by the Illinois Governmental Ethics Act.
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Such receipt shall be so filed either previously during the |
calendar year
in which his nomination papers were filed or |
within the period for the filing
of nomination papers in |
accordance with the general election law.
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Whenever a vacancy occurs, the remaining members shall |
notify the
regional superintendent of that vacancy within 5 |
days after its occurrence
and shall proceed to fill the vacancy |
until the next regular school
election, at which election a |
successor shall be elected to serve the
remainder of the |
unexpired term. However, if the vacancy occurs with less
than |
868 days remaining in the term, or if the vacancy occurs
less |
than 88
days before the next regularly scheduled election for |
this office then the
person so appointed shall serve the |
remainder of the unexpired term, and no
election to fill the |
vacancy shall be held. Should they fail so to
act, within 45 |
days after the vacancy occurs, the regional superintendent
of |
schools under whose supervision and control the district is |
operating,
as defined in Section 3-14.2 of this Act, shall |
within 30 days after the
remaining members have failed to fill |
the vacancy, fill the vacancy as
provided for herein. Upon the |
regional superintendent's failure to fill the
vacancy, the |
vacancy shall be filled at the next regularly scheduled
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election. Whether elected or appointed by the remaining members |
or regional
superintendent, the successor shall be an |
inhabitant of the particular area
from which his or her |
predecessor was elected if the residential requirements
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contained in Section 11A-8, 11B-7, or 12-2 of this Act apply.
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A board of education may appoint a student to the board to |
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serve in an advisory capacity. The student member shall serve |
for a term as determined by the board. The board may not grant |
the student member any voting privileges, but shall consider |
the student member as an advisor. The student member may not |
participate in or attend any executive session of the board.
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(Source: P.A. 93-309, eff. 1-1-04.)
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(105 ILCS 5/32-3.5 new)
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Sec. 32-3.5. Student board member. The governing board of a |
special charter district may appoint a student to the board to |
serve in an advisory capacity. The student member shall serve |
for a term as determined by the board. The board may not grant |
the student member any voting privileges, but shall consider |
the student member as an advisor. The student member may not |
participate in or attend any executive session of the board.
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(105 ILCS 5/33-1) (from Ch. 122, par. 33-1)
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Sec. 33-1. Board of Education - Election - Terms. In all |
school districts,
including special charter districts having a |
population of 100,000 and not
more than 500,000, which adopt |
this Article, as hereinafter provided, there
shall be |
maintained a system of free schools in charge of a board of |
education,
which shall be a body politic and corporate by the |
name of "Board of Education
of the City of....". The board |
shall consist of 7 members elected by the
voters of the |
district. Except as provided in Section 33-1b of this Act,
the |
regular election for members of the board shall be held on the |
first
Tuesday of April in odd numbered years and on the third |
Tuesday of March
in even numbered years. The law governing the |
registration of voters for
the primary election shall apply to |
the regular election. At the first
regular election 7 persons |
shall be elected as members of the board. The
person who |
receives the greatest number of votes shall be elected for a
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term of 5 years. The 2 persons who receive the second and third |
greatest
number of votes shall be elected for a term of 4 |
years. The person who
receives the fourth greatest number of |
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votes shall be elected
for a term of 3 years. The 2 persons who |
receive the fifth and sixth greatest
number of votes shall be |
elected for a term of 2 years. The person who
receives the |
seventh greatest number of votes shall be elected for a term
of |
1 year. Thereafter, at each regular election for members of the |
board,
the successors of the members whose terms expire in the |
year of election
shall be elected for a term of 5 years. All |
terms shall commence on July
1 next succeeding the elections. |
Any vacancy occurring in the membership
of the board shall be |
filled by appointment until the next regular election
for |
members of the board.
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In any school district which has adopted this Article, a |
proposition for
the election of board members by school board |
district rather than at large
may be submitted to the voters of |
the district at the regular school election
of any year in the |
manner provided in Section 9-22. If the proposition
is approved |
by a majority of those voting on the propositions, the board
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shall divide the school district into 7 school board districts |
as provided
in Section 9-22. At the regular school election in |
the year following the
adoption of such proposition, one member |
shall be elected from each school
board district, and the 7 |
members so elected shall, by lot, determine one
to serve for |
one year, 2 for 2 years, one for 3 years, 2 for 4 years, and
one |
for 5 years. Thereafter their respective successors shall be |
elected
for terms of 5 years. The terms of all incumbent |
members expire July 1
of the year following the adoption of |
such a proposition.
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Any school district which has adopted this Article may, by |
referendum in
accordance with Section 33-1a, adopt the method |
of electing members of the
board of education provided in that |
Section.
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Reapportionment of the voting districts provided for in |
this Article or
created pursuant to a court order, shall be |
completed pursuant to
Section 33-1c.
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A board of education may appoint a student to the board to |
serve in an advisory capacity. The student member shall serve |
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for a term as determined by the board. The board may not grant |
the student member any voting privileges, but shall consider |
the student member as an advisor. The student member may not |
participate in or attend any executive session of the board.
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(Source: P.A. 82-1014; 86-1331.)
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(105 ILCS 5/34-3) (from Ch. 122, par. 34-3)
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Sec. 34-3. Chicago School Reform Board of Trustees; new |
Chicago Board of
Education; members; term; vacancies.
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(a) Within 30 days after the effective date of this |
amendatory Act of
1995, the terms of all members of the Chicago |
Board of Education
holding office on that date are abolished |
and the Mayor shall appoint,
without the consent or approval of |
the City Council, a 5 member
Chicago School Reform Board of |
Trustees which shall take office upon the
appointment of the |
fifth member. The Chicago School
Reform Board of Trustees and |
its members
shall serve until, and the terms of all members of |
the Chicago School
Reform Board of Trustees shall expire on, |
June 30, 1999 or upon the
appointment of a new Chicago Board of |
Education as provided
in subsection (b), whichever is later. |
Any vacancy in the membership of
the Trustees shall be filled |
through appointment by the Mayor,
without the consent or |
approval of the City Council, for the unexpired term.
One of |
the members appointed by the Mayor to the Trustees shall
be |
designated by the Mayor to serve as President of the Trustees. |
The
Mayor shall appoint a full-time, compensated
chief |
executive officer, and his or her compensation as such chief |
executive
officer shall be determined by the Mayor. The Mayor, |
at his or her discretion,
may appoint the President to serve |
simultaneously as the chief executive
officer.
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(b) Within 30 days before the expiration of the terms of |
the members of
the Chicago Reform Board of Trustees as provided |
in subsection (a), a new
Chicago Board of Education consisting |
of 7 members shall be appointed by the
Mayor to take office on |
the later of July 1, 1999 or the appointment of the
seventh |
member. Three of the members initially so appointed under this
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subsection shall serve for terms ending June 30, 2002, 4 of the |
members
initially so appointed under this subsection shall |
serve for terms ending
June 30, 2003, and each member initially |
so appointed shall continue to hold
office until his or her |
successor is appointed and qualified. Thereafter at
the |
expiration of the term of any member a successor
shall be |
appointed by the Mayor and shall hold office for a term of 4 |
years,
from July 1 of the year in which the term commences and |
until a successor
is appointed and qualified. Any vacancy in |
the membership of the Chicago Board
of Education shall be |
filled through appointment by the Mayor for the
unexpired term. |
No appointment to membership on the
Chicago Board of Education |
that is made by the Mayor under
this subsection shall require |
the approval of the City
Council, whether the appointment is |
made for a full term or to fill a vacancy
for an unexpired term |
on the Board. The board shall elect annually from its
number a |
president and vice-president, in such
manner and at such
time |
as the board determines by its rules. The officers so elected |
shall each
perform the duties imposed upon their respective |
office by the rules of the
board, provided that (i) the |
president shall preside at meetings of the board
and vote as |
any other member but have no power of veto, and (ii) the vice
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president shall perform the duties of the president if that |
office is vacant or
the president is absent or unable to act.
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The secretary of the Board shall be selected by the Board and |
shall be an
employee of the Board rather than a member of the |
Board, notwithstanding
subsection (d) of Section 34-3.3. The |
duties of the secretary shall be
imposed by the rules of the |
Board.
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(c) The board may appoint a student to the board to serve |
in an advisory capacity. The student member shall serve for a |
term as determined by the board. The board may not grant the |
student member any voting privileges, but shall consider the |
student member as an advisor. The student member may not |
participate in or attend any executive session of the board.
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(Source: P.A. 89-15, eff. 5-30-95; 90-811, eff. 1-26-99; |