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| Public Act 094-0231 |
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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 | ||||
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 | ||
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 | ||
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 | ||
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 | ||
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 | ||
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; | ||
90-815, eff.
2-11-99.)
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Section 99. Effective date. This Act takes effect July 1, | ||
2005. | ||