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Public Act 102-0924


 

Public Act 0924 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0924
 
HB4173 EnrolledLRB102 20956 CMG 29852 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 Sections
5-2, 5-3, and 5-4 as follows:
 
    (105 ILCS 5/5-2)  (from Ch. 122, par. 5-2)
    Sec. 5-2. Governing board.
    (a) Except as otherwise provided in subsection (b), the
The school business of all school townships having school
trustees shall be transacted by three trustees, to be elected
by the qualified voters of the township, as hereinafter
provided in this Article 5.
    (b) This subsection (b) applies only to the trustees of
schools of Township 38 North, Range 12 East. The school
business of the township shall be transacted by 4 trustees
elected by the qualified voters of the township, as provided
in this Article 5, and 3 trustees appointed by the school
districts within the township, as provided in this subsection
(b). An elected trustee and an appointed trustee may represent
the same school district. Any trustee, whether elected or
appointed, may serve as an officer of the trustees of schools.
    The 3 trustees to be appointed shall each be appointed for
a term of one year as follows:
        (1) The school boards of Argo Community High School
    District 217, Summit School District 104, Willow Springs
    School District 108, and Indian Springs School District
    109 shall collectively appoint one school board member as
    a trustee through a nomination process and by a majority
    vote or by consensus among the school boards. A trustee
    appointed under this paragraph (1) may be reappointed for
    a second term as provided under this paragraph (1). After
    the appointed term or reappointed term of the trustee
    expires, the school boards shall appoint a successor
    trustee pursuant to this paragraph (1).
        (2) The school boards of Western Springs School
    District 101, La Grange School District 102, Lyons School
    District 103, La Grange School District 105 South,
    LaGrange Highlands School District 106, and Pleasantdale
    School District 107 shall collectively appoint one school
    board member as a trustee through a nomination process and
    by a majority vote or by consensus among the school
    boards. A trustee appointed under this paragraph (2) may
    be reappointed for a second term as provided under this
    paragraph (2). After the appointed term or reappointed
    term of the trustee expires, the school boards shall
    appoint a successor trustee pursuant to this paragraph
    (2).
        (3) Each year, among the school board presidents of
    the school districts within the township, one school board
    president shall be selected through a nomination process
    and by a majority vote to appoint a trustee. If no
    president of a school board is nominated, another officer
    of one of the school boards may be nominated. For the
    even-numbered year term, a trustee appointed under this
    paragraph (3) must be from a feeder elementary school
    district for Argo Community High School District 217, and,
    for the odd-numbered year term, a trustee appointed under
    this paragraph (3) must be from a feeder elementary school
    district for Lyons Township High School District 204.
    (c) The trustees shall be a body politic and corporate, by
the name of "trustees of schools of township No. ...., range
No. ....," according to the number, or in case of school
townships created from two or more congressional townships,
such name shall be "trustees of .... township .... county,
Illinois." Such corporation shall have perpetual existence,
with power to sue and be sued, and to plead and be impleaded,
in all courts and places where judicial proceedings are had.
(Source: Laws 1961, p. 31.)
 
    (105 ILCS 5/5-3)  (from Ch. 122, par. 5-3)
    Sec. 5-3. Eligibility of trustees. No person shall be
eligible to the office of trustee of schools who is not a
resident of the township and at least 18 years of age. If there
are 3 or more school districts in a township which are subject
to the jurisdiction of the trustees of schools of that
township, no 2 trustees shall reside, when elected, in the
same school district; except that in townships in which at
least 90% of the electors reside in one school district which
is subject to the jurisdiction of the trustees of schools of
that township, this restriction shall not apply. No person
shall be eligible to the office of trustee of schools and
school director or school board member at the same time.
    This Section does not apply to trustees appointed under
subsection (b) of Section 5-2.
(Source: P.A. 86-1441.)
 
    (105 ILCS 5/5-4)  (from Ch. 122, par. 5-4)
    Sec. 5-4. Election of trustees. The election of trustees
of schools shall be held in odd-numbered years at the election
specified in the general election law. In townships in which
no election for school trustees has been held, or in townships
in which from any cause there are no trustees of schools and
the law requires that there be school trustees, the election
of trustees of schools shall be held at the same time.
    No person shall be nominated for the office of trustee of
schools, in townships containing 20,000 inhabitants or over,
except by petition signed by at least 5% or 500 of the
twenty-five voters of the school township in which the person
he is seeking nomination and election who last cast votes in
the most recent election, whichever is less, filed with the
township treasurer, or, in case of a first election, with the
county clerk.
    A candidate for election as a school trustee, who has
petitioned for nomination to fill a full term and to fill a
vacant term to be voted upon at the same election, must
withdraw his or her petition for nomination from either the
full term or the vacant term by written declaration, which
shall be signed and acknowledged by an officer authorized to
take such acknowledgments and which is filed with the township
treasurer in the township in which he or she is a candidate
within the time provided by the general election law.
(Source: P.A. 80-1469.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/27/2022