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| Public Act 101-0067 | ||||
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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 Section | ||||
10-10 as follows:
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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 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
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 | ||
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, must not have been removed from a school board | ||
pursuant to Section 2-3.25f-5 of this Code (unless subsequently | ||
appointed as a member of an Independent Authority or if it has | ||
been 10 years since the abolition of the Independent Authority | ||
in the district), and shall not be a child
sex offender as | ||
defined in Section 11-9.3 of the
Criminal Code of 2012. 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
directors, shall | ||
vest in it as fully as they were vested in the school
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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 county clerk | ||
or the county board of election commissioners, as the case may | ||
be, of the county in which the principal office of the school | ||
district is located 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.
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 60 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 10-10.5 or 12-2 of this Code apply.
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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 | ||
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. 97-1150, eff. 1-25-13; 98-115, eff. 7-29-13; | ||
98-1155, eff. 1-9-15.)
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