HB1886 97TH GENERAL ASSEMBLY

LRB097 07616 NHT 47727 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1886

Introduced , by Rep. Robert Rita

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-0.01 new

Amends the School Code. Provides that within 60 days after the effective date of the amendatory Act, on a date set by the State Board of Education, a special election must be held in each county to elect members to a county school board. Provides that on July 1, 2012, (i) all school districts in this State in existence on June 30, 2012 (other than the Chicago school district) are dissolved; (ii) their school boards are abolished; (iii) the terms of all board members end; and (iv) all of the powers, duties, assets, liabilities, employees, contracts, property, records, pending business, and unexpended funds of each school board are transferred to the appropriate county school board or boards. Provides that on July 1, 2012, each county shall constitute one school district to be governed by a county school board, unless the county school board has divided the county into 2 or more school districts, in which case each of those school districts shall be governed by a school board elected as provided under the Code, and the county school board shall be dissolved upon those school board members taking office. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

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 adding Section 10-0.01 as follows:

(105 ILCS 5/10-0.01 new)

Sec. 10-0.01. County school board; dissolution of existing school districts.

(a) This Section applies notwithstanding any other law or special charter to the contrary. This Section applies to all school districts in this State other than a school district organized under Article 34 of this Code.

(b) In this Section, "county", with respect to Cook County, means that portion of the county outside of a city of 500,000 or more inhabitants.

(c) Within 60 days after the effective date of this amendatory Act of the 97th General Assembly, on a date set by the State Board of Education, a special election must be held in each county to elect members to a county school board. The county school board shall consist of 15 members, serving without compensation except as otherwise provided by law. Each member of the county school board shall be elected for a term of 4 years, except that for the initial members of the board, (i) 7 shall be elected to serve a term that begins immediately after being elected and expires upon the initial member's successor being elected at the regular school election in April of 2013 or upon dissolution of the board under subsection (g) of this Section and (ii) 8 shall be elected to serve a term that begins immediately after being elected and expires upon the initial member's successor being elected at the regular school election in April of 2015 or upon dissolution of the board under subsection (g) of this Section.

Each member of a county school board, 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 this State and the county 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, and shall not be a child sex offender as defined in Section 11-9.3 of the Criminal Code of 1961.

Nomination papers filed under this Section are not valid unless the candidate named therein files with the secretary of the county school board 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; however, with respect to initial candidates for the county school board the receipt must be filed with the State Board of Education. The receipt must be so filed either previously during the calendar year in which his or nomination papers were filed or within the period for the filing of nomination papers in accordance with the general election law.

A county school 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.

(d) Whenever a vacancy on a county school board occurs, the remaining members shall notify the regional superintendent of schools 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 for that county shall, within 30 days after the remaining members have failed to fill the vacancy, fill the vacancy as provided for in this Section. Upon the regional superintendent's failure to fill the vacancy, the vacancy shall be filled at the next regularly scheduled election.

(e) All provisions of this Code that apply to school boards and school board members also apply to county school boards and county school board members.

(f) After members of a county school board have initially been elected, they shall immediately take office and begin the transition to county school districts as provided under subsection (g) of this Section. School districts within the county shall cooperate in all ways necessary to facilitate the transition. Within 90 days after the initial election of county school board members, the board shall divide the county into as many school districts as it deems appropriate in accordance with Article 11E of this Code.

(g) On July 1, 2012, (i) all school districts in this State in existence on June 30, 2012 are dissolved; (ii) their school boards are abolished; (iii) the terms of all board members end; (iv) all of the powers, duties, assets, liabilities, employees, contracts, property, records, pending business, and unexpended funds of each school board are transferred to the appropriate county school board or boards; (v) references in statutes, rules, forms, and other documents to a school board shall, in appropriate contexts, be deemed to refer to the county school board; and (vi) rules, resolutions, standards, policies, and procedures of a school board in effect on June 30, 2012 shall be deemed the rules, resolutions, standards, policies, and procedures of the appropriate county school board and shall remain in effect until amended or repealed by the county school board. The rights of school district employees under applicable collective bargaining agreements and retirement plans are not affected by this amendatory Act of the 97th General Assembly. All transferred employees who are members of collective bargaining units shall retain their seniority, continuous service, salary, and accrued benefits.

On July 1, 2012, each county shall constitute one school district to be governed by the county school board elected under this Section, unless the county school board has divided the county into 2 or more school districts under subsection (f) of this Section, in which case each of those school districts shall be governed by a school board elected as provided under this Code, and the county school board shall be dissolved upon those school board members taking office.

(h) The State Board of Education shall adopt all rules that are necessary to implement this Section.

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