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Public Act 100-0800


 

Public Act 0800 100TH GENERAL ASSEMBLY

  
  
  

 


 
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.)

Effective Date: 1/1/2019