SB2003 102ND GENERAL ASSEMBLY

LRB102 12676 CMG 18015 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2003

Introduced 2/26/2021, by Sen. David Koehler

SYNOPSIS AS INTRODUCED:

105 ILCS 5/32-2.5	from Ch. 122, par. 32-2.5
105 ILCS 5/33-1	from Ch. 122, par. 33-1
105 ILCS 5/33-4	from Ch. 122, par. 33-4

Amends the Article of the School Code concerning special charter districts. With respect to the election of a board of education in a special charter district having a population of over 35,000, provides that the nomination of a candidate for a member of the board of education shall be made by petitions signed by at least 50 voters or 10% of voters, whichever is less, residing in the school district (rather than signed in the aggregate by not less than 200 qualified voters residing in the school district). Amends the Article of the Code concerning school districts from 100,000 to 500,000 inhabitants. Provides that a board of education member shall be elected for a term of 4 years (rather than 5 years) and shall serve until his or her successor is elected and has qualified. Provides that the term of a board of education member commences after (i) the election authority has canvassed the votes and proclaimed the results and (ii) the member-elect has taken the oath of office (rather than on July 1). Specifies that a board of education shall have all of the rights, powers, and duties as are provided for other school boards under the School Boards Article of the Code. Effective immediately.

A BILL FOR

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 32-2.5, 33-1, and 33-4 as follows:

(105 ILCS 5/32-2.5) (from Ch. 122, par. 32-2.5)

Sec. 32-2.5. Election of board of education in lieu of appointive board. In all special charter districts having a population of over 35,000 by the last federal census, where the board of directors or board of education is elected or appointed by the city council of the city, of which school district such city may form the whole or a part, and where there are no provisions in the special charter creating such school district for the election of a board of directors or board of education, there shall be elected in lieu of the present governing body a board of education to consist of 7 members. Nomination of a candidate for member of the board of education shall be made by petitions signed in the aggregate by at least 50 voters or 10% of voters, whichever is less, not less than 200 qualified voters residing in the school district, and also by filing with the petitions a statement of candidacy as provided in the general election law, which petitions and statements of candidacy shall be filed in the office of the board of education in accordance with the general election law.

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.

The county clerk or the county board of election commissioners shall make certification to the proper election authority in accordance with the general election law.

(Source: P.A. 98-115, eff. 7-29-13.)

(105 ILCS 5/33-1) (from Ch. 122, par. 33-1)

Sec. 33-1. Board of education; election; terms 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 at the consolidated election in odd numbered years and at the general primary election 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 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, except that members of the board elected after the effective date of this amendatory Act of the 102nd General Assembly shall be elected for a term of 4 years and shall serve until their successors are elected and have qualified. All terms shall commence after the occurrence of both the following:

(1) The election authority has canvassed the votes and proclaimed the results.

(2) The member-elect has taken the oath of office 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.

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 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, except that members of the board elected after the effective date of this amendatory Act of the 102nd General Assembly shall be elected for a term of 4 years and shall serve until their successors are elected and have qualified. The terms of all incumbent members expire July 1 of the year following the adoption of such a proposition.

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.

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.

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.

(Source: P.A. 94-231, eff. 7-14-05; 95-6, eff. 6-20-07.)

(105 ILCS 5/33-4) (from Ch. 122, par. 33-4)

Sec. 33-4. Rights, powers, and duties of board. The board of education shall succeed to all rights, powers, and duties of the former governing body of the district and shall have all of the rights, powers, and duties as are provided for other school boards under Article 10.

(Source: Laws 1961, p. 31.)

Section 99. Effective date. This Act takes effect upon becoming law.