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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
SCHOOLS (105 ILCS 5/) School Code. 105 ILCS 5/3A-1
(105 ILCS 5/3A-1) (from Ch. 122, par. 3A-1)
Sec. 3A-1.
County or portion of county as educational service region.
Each
county of the State shall, except as otherwise provided in this Article, be
designated as an educational service region, referred to in this Article as a
"region". Beginning the first Monday of August, 1995, that portion of a Class
II county outside a city of at least 500,000 shall constitute a region.
References in this Code to a county as a region shall also mean a portion of a
county as a region when appropriate.
(Source: P.A. 88-89.)
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105 ILCS 5/3A-2
(105 ILCS 5/3A-2) (from Ch. 122, par. 3A-2)
Sec. 3A-2.
Regional superintendent-County superintendent of schools.
The chief
administrative officer of an educational service region shall be
designated and referred to as "Regional Superintendent of Schools"
or "regional superintendent."
Such person shall, in his region, have the powers and duties and perform
the functions required of or exercisable by a county superintendent of
schools, except as otherwise provided by law.
Any reference to "county superintendent of schools" in The School Code
or any other Illinois statute means and refers to the regional superintendent
of schools for an
educational service region.
(Source: P.A. 79-1057.)
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105 ILCS 5/3A-3
(105 ILCS 5/3A-3) (from Ch. 122, par. 3A-3)
Sec. 3A-3.
Voluntary consolidation of educational service regions.
Any 2 or
more educational service regions may be consolidated into a single region in
the manner provided in this Section. All of the territory of any educational
service region shall be determined by county boundaries, but supervision and
control over school districts that are divided by a county line shall be
determined under Section 3-14.2 of this Act.
Each regional superintendent of a region that does not conform to the
population requirements of Section 3A-4 and seeks voluntary consolidation under
this Section shall appoint a nonpartisan citizens committee consisting of 5
members to consider the advisability of such a consolidation. Such regional
superintendent shall serve as ex officio secretary to the citizens committee.
This citizens committee may petition the regional board of school
trustees serving each of the regions involved for consolidation of those
regions into a single educational service region. When such a petition
is filed, the regional board of school trustees shall conduct a hearing
on the petition, after notice of the hearing has been published once,
not more than 15 nor less than 10 days before the day of the hearing, in
a newspaper having general circulation in the region. The secretary of
the regional board of school trustees shall also notify the secretary of
each school board affected by the proposed consolidation, the chairman of the
county board of each county affected thereby and the State Board of Education
that such petition has been filed. The notice shall state the date when
the petition was filed, the prayer of the petition and the date, time
and place of the hearing. Such hearing shall be held jointly by all of
the regional boards of school trustees affected by such petition and the
State Board of Education shall arrange for such joint
hearing and pay the expenses thereof. Evidence admissible at the hearing
shall include, but not be limited to, the school needs and conditions in
the territory affected by the proposed consolidation, whether or not
such area is compact and contiguous; and whether or not the proposed
consolidation would be in the best interests of the schools of the area
and the educational welfare of the pupils of such schools. At the
hearing each resident of the region shall have the rights provided for
residents under Section 7-6 and the final order of the regional board of
school trustees shall be subject to review as provided in Sections 7-6 and 7-7.
Within 10 days after the conclusion of the joint hearing each
regional board of school trustees shall meet and render a decision with
regard to the hearing on the petition. A copy of the final order of each
regional board of school trustees shall be filed with the State Board of
Education within 30 days after the conclusion of the joint
hearing. If the regional board of school trustees in each of those
regions enters an order approving the consolidation, those regions shall
be consolidated into a single educational service region, and the
State Board of Education shall authorize the establishment
of such single educational service region and to notify all interested
parties, including the county clerks of the counties affected thereby
and the State Board of Elections.
(Source: P.A. 88-89.)
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105 ILCS 5/3A-4
(105 ILCS 5/3A-4) (from Ch. 122, par. 3A-4)
Sec. 3A-4. Mandatory consolidation of educational service regions.
(a) After July 1, 2015,
each
region must contain at least 61,000 inhabitants. Before June 30, 2013, regions may be consolidated
voluntarily under Section 3A-3 or by joint resolution of the county boards of
regions seeking to join a voluntary consolidation, effective July 1, 2015, to meet these population
requirements. The boundaries of regions already meeting these population
requirements on the effective date of Public Act 97-703 may not be
changed except to consolidate with another region or a whole county portion of
another region which does not meet these population requirements.
If, before November 1, 2013, locally determined consolidation decisions result in more than 35 regions of
population greater than 61,000 each, the State Board of Education shall, before November 23, 2013, direct
further consolidation, beginning with the region of lowest population, until
the number of 35 regions is achieved.
(b) (Blank).
(c) If, within 90 days after the most recent certified federal census, a region does not meet the population requirements of this Section, then regions may be consolidated voluntarily under Section 3A-3 of this Code or by joint resolution of the county boards of regions seeking to join a voluntary consolidation to meet these population requirements. If locally determined consolidation decisions result in a region not meeting the population requirements of this Section or result in more than 35 regions, then the State Board of Education shall have the authority to impose further consolidation by order of the State Superintendent of Education. Such an order shall be a final order and is subject to the Administrative Review Law.
(d) All population determinations shall be based on the most recent
federal census.
(Source: P.A. 97-703, eff. 6-25-12; 98-594, eff. 11-15-13.)
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105 ILCS 5/3A-5
(105 ILCS 5/3A-5) (from Ch. 122, par. 3A-5)
Sec. 3A-5.
Effective date of consolidation.
Any consolidation of regions,
whether under Section 3A-3 or 3A-4, shall take effect at the expiration of
the terms of office of the regional superintendents in office at the time
the consolidation is approved under Section 3A-3 or directed under Section
3A-4. However, at the regular election immediately preceding
the effective date of the consolidation at which regional superintendents
are to be elected in accordance with the general election law, regional
superintendents shall not be elected from each of the regions comprising
the consolidated region, but one regional superintendent shall be elected
to take office on the effective date of the consolidation.
(Source: P.A. 88-89.)
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105 ILCS 5/3A-6
(105 ILCS 5/3A-6) (from Ch. 122, par. 3A-6)
Sec. 3A-6. Election of Superintendent for consolidated region - Bond -
Vacancies in any educational service region. (a) The regional superintendent to be
elected under Section 3A-5 shall be elected at the time provided in the general
election law and must possess the qualifications described in Section 3-1 of
this Act.
(b) The bond required under Section 3-2 shall be filed in the office of
the
county clerk in the county where the regional office is situated, and a
certified copy of that bond shall be filed in the office of the county clerk
in each of the other counties in the region.
(c) When a vacancy occurs in the office of regional superintendent of
schools of any educational service region which is not located in a county
which is a home rule unit, such vacancy shall be filled within 60 days (i)
by appointment of the chairman of the county board, with the advice and
consent of the county board, when such vacancy occurs in a single county
educational service region; or (ii) by appointment of a committee composed
of the chairmen of the county boards of those counties comprising the
affected educational service region when such vacancy occurs in a
multicounty educational service region, each committeeman to be entitled to
one vote for each vote that was received in the county represented by such
committeeman on the committee by the regional superintendent of schools
whose office is vacant at the last election at which a regional
superintendent was elected to such office, and the person receiving the
highest number of affirmative votes from the committeemen for such vacant
office to be deemed the person appointed by such committee to fill the
vacancy. The appointee shall be a member of the same political party as the
regional superintendent of schools the appointee succeeds was at the time
such regional superintendent of schools last was elected. The appointee
shall serve
for the remainder of the term. However, if more than 28 months remain
in that term, the appointment shall be until the next general election, at
which time the vacated office shall be filled by election for the remainder
of the term. Nominations shall be made and any vacancy in nomination
shall be filled as follows:
(1) If the vacancy in office occurs before the first | | date provided in Section 7-12 of the Election Code for filing nomination papers for county offices for the primary in the next even-numbered year following commencement of the term of office in which the vacancy occurs, nominations for the election for filling the vacancy shall be made pursuant to Article 7 of the Election Code.
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(2) If the vacancy in office occurs during the time
| | provided in Section 7-12 of the Election Code for filing nomination papers for county offices for the primary in the next even-numbered year following commencement of the term of office in which the vacancy occurs, the time for filing nomination papers for the primary shall not be more than 91 days nor less than 85 days prior to the date of the primary.
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(3) If the vacancy in office occurs after the last
| | day provided in Section 7-12 of the Election Code for filing nomination papers for county offices for the primary in the next even-numbered year following commencement of the term of office in which the vacancy occurs, a vacancy in nomination shall be deemed to have occurred and the county central committee of each established political party (if the vacancy occurs in a single county educational service region) or the multi-county educational service region committee of each established political party (if the vacancy occurs in a multi-county educational service region) shall nominate, by resolution, a candidate to fill the vacancy in nomination for election to the office at the general election. In the nomination proceedings to fill the vacancy in nomination, each member of the county central committee or the multi-county educational service region committee, whichever applies, shall have the voting strength as set forth in Section 7-8 or 7-8.02 of the Election Code, respectively. The name of the candidate so nominated shall not appear on the ballot at the general primary election. The vacancy in nomination shall be filled prior to the date of certification of candidates for the general election.
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(4) The resolution to fill the vacancy shall be duly
| | acknowledged before an officer qualified to take acknowledgments of deeds and shall include, upon its face, the following information: (A) the name of the original nominee and the office vacated; (B) the date on which the vacancy occurred; and (C) the name and address of the nominee selected to fill the vacancy and the date of selection. The resolution to fill the vacancy shall be accompanied by a statement of candidacy, as prescribed in Section 7-10 of the Election Code, completed by the selected nominee, a certificate from the State Board of Education, as prescribed in Section 3-1 of this Code, and a receipt indicating that the nominee has filed a statement of economic interests as required by the Illinois Governmental Ethics Act.
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The provisions of Sections 10-8 through 10-10.1 of the Election Code
relating to objections to nomination papers, hearings on objections, and
judicial review shall also apply to and govern objections to nomination papers
and resolutions for filling vacancies in nomination filed pursuant to this
Section. Unless otherwise specified in this Section, the nomination and
election provided for in this Section is governed by the general election
law.
Except as otherwise provided by applicable county ordinance or by law, if
a vacancy occurs in the office of regional superintendent of schools of an
educational service region that is located in a county that is a home rule unit
and that has a population of less than 2,000,000 inhabitants, that vacancy
shall be filled by the county board of such home rule county.
Any person appointed to fill a vacancy in the office of
regional superintendent of schools of any educational service region must
possess the qualifications required to be elected to the position of
regional superintendent of schools, and shall obtain a certificate of
eligibility from the State Superintendent of Education and file same with
the county clerk of the county in which the regional superintendent's office
is located.
If the regional superintendent of schools is called into the active military
service of the United States, his office shall not be deemed to be vacant,
but a temporary appointment shall be made as in the case of a vacancy.
The appointee shall perform all the duties of the regional superintendent
of schools during the time the regional superintendent of schools is in
the active military service of the United States, and shall be paid the
same compensation apportioned as to the time of service, and such appointment
and all authority thereunder shall cease upon the discharge of the regional
superintendent of schools from such active military service. The appointee
shall give the same bond as is required of a regularly elected regional
superintendent of schools.
(Source: P.A. 96-893, eff. 7-1-10.)
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105 ILCS 5/3A-7
(105 ILCS 5/3A-7) (from Ch. 122, par. 3A-7)
Sec. 3A-7.
Expenses of regional office - Budget.
When 2 or more regions have been consolidated into a single educational
service region, the costs of secretarial service, office space and other
expenses necessarily incurred in the operation of the office of the regional
superintendent shall be allocated to and
borne by the counties comprising the region in the proportion that the
equalized and assessed value of the taxable property in the county bears to
the total equalized and assessed value of all taxable property in the
region. For the purposes of calculating equalized assessed valuation
of taxable property under this Section for any tax year beginning January
1, 1981 or thereafter, the equalized assessed valuation for a county shall
be determined by adding to the real property equalized assessed valuation
for the county an amount computed by dividing the amount of money received
by the county under the provisions of "An Act in relation to the abolition
of ad valorem personal property tax and the replacement of revenues lost
thereby, and amending and repealing certain Acts and parts of Acts in connection
therewith", certified August 14, 1979, as amended, by the total tax rate
for the county.
By October 1 annually, the regional superintendent shall prepare a
budget, setting out the anticipated income for his educational service
region and a statement of the costs of secretarial services, office space
and other expenses to be incurred in the operation of his office, and shall
submit that budget to the county board of each of the counties in his
region for approval. No such costs or expenses may be incurred except
pursuant to that budget as approved by each of the county boards concerned.
The budget may be amended, modified or supplemented upon the vote of a 2/3
majority of each of those county boards.
(Source: P.A. 82-646.)
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105 ILCS 5/3A-8
(105 ILCS 5/3A-8) (from Ch. 122, par. 3A-8)
Sec. 3A-8.
The location of the office for a multi-county educational service
region, which has been consolidated pursuant to the terms of this Article,
shall be determined by a committee composed of the chairmen of the county
boards of all counties in the region. In the event of a tie vote
by such committee, the chairman
of the regional board of school trustees shall cast the deciding vote.
(Source: P.A. 86-1028.)
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105 ILCS 5/3A-9
(105 ILCS 5/3A-9) (from Ch. 122, par. 3A-9)
Sec. 3A-9.
Disconnection.
An educational service region, consisting
of 2 or more counties, may be restructured by the disconnection of a
county from the educational service region as provided in this Article.
However, no educational service region involved in the disconnection may
contain less than 33,000 inhabitants after the disconnection, unless it
is a region which after the disconnection contains an area that was
formed from the consolidation of 3 or more regions.
Disconnection may be initiated by a petition requesting an election
on whether the county should be disconnected from the present
educational service region and whether the county should be consolidated
with a different specified educational service region. A petition shall
be signed by 10% of the legal resident voters of the county to which the
petition refers; the petitioners' addresses shall be included.
A petition shall be filed with the regional superintendent of the
educational service region of which the county is a part not more than
99 nor less than 92 days prior to a regular scheduled election. The
regional superintendent and the county clerk shall
determine the sufficiency of the petition. If the petition is deemed
sufficient by the regional superintendent and the county clerk, the
regional superintendent shall call an election at the next regular scheduled
election for the purpose
of presenting a public measure, in accord with the petition, to the
voters of the county to be disconnected as specified in the petition.
(Source: P.A. 81-1489.)
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105 ILCS 5/3A-10
(105 ILCS 5/3A-10) (from Ch. 122, par. 3A-10)
Sec. 3A-10.
Notice of Election.
A notice of the election shall be
given in accordance with the general election law. In addition to
the requirements of the general election law the notice shall
be in substantially the following form:
NOTICE OF EDUCATIONAL SERVICE REGION ELECTION
Notice is hereby given that on (insert date) an
election will be held in ............... County, Illinois, for the purpose of
voting upon this question:
Shall ............. County be disconnected from the Educational
Service Region for the Counties of ................ and .............
and shall the regional board of school trustees for ............. County
be requested to approve the consolidation of the counties into a single
educational service region?
(Source: P.A. 91-357, eff. 7-29-99.)
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105 ILCS 5/3A-12
(105 ILCS 5/3A-12) (from Ch. 122, par. 3A-12)
Sec. 3A-12.
Limitation on successive petitions.
If a
majority of those voting in a disconnection election do
not favor disconnection, no petition for a disconnection
election shall be submitted to the regional superintendent
unless the resulting election would be held at a regular election in accordance
with the general election law.
(Source: P.A. 82-458.)
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105 ILCS 5/3A-13
(105 ILCS 5/3A-13) (from Ch. 122, par. 3A-13)
Sec. 3A-13.
Petition for Consolidation.
If a majority of those
voting in the disconnection election favor disconnection and requesting
consolidation with another educational service region, the regional
superintendent shall notify, within 30 days of the declaration of
official results, the regional board of school trustees for the
educational service region approved by the voters in the election of the
official results. When the official results are received, the regional
board of school trustees shall conduct a hearing on the petition, after
notice of hearing has been published once, not more than 15 nor less
than 10 days before the day of the hearing, in one or more newspapers
having general circulation in the region and in one or more newspapers
having general circulation in the county which is petitioning for the
consolidation. The secretary of the regional board of school trustees
shall notify the secretary of each school board affected by the proposed
consolidation, the chairman of the county board of each county affected
thereby and the State
Superintendent of Education that the petition has been filed. The
notice shall state the prayer of the petition and the date, time and
place of the hearing. The State Board of Education shall pay the
expenses of the hearing. Evidence admissible at the hearing shall
include, but not be limited to, the school needs and conditions in the
territory affected by the proposed consolidation, whether or not the
area is compact and contiguous; and whether or not the proposed
consolidation would be in the best interests of the schools in the area
and the educational welfare of the pupils of these schools. A record of
the proceedings shall be kept and a competent reporter shall be employed
to take stenographic or stenotype notes of all testimony. At the hearing
each resident of the region or of the county petitioning for
consolidation shall have the rights provided for residents under Section
7-6 and the final order of the regional board of school trustees shall
be subject to review as provided in Sections 7-6 and 7-7.
Within 10 days of the hearing the regional board of school trustees
shall meet and render a decision with regard to the hearing on the
petition. A copy of the final decision of the regional board of school
trustees shall be filed with the State Board of Education within 30 days
after the conclusion of the hearing. If the regional board of school
trustees renders a decision approving the consolidation, the region and
the county shall be consolidated into a single educational service
region and the State Board of Education shall notify all interested
parties, including the county clerks of the counties affected thereby
and the Secretary of State. The effective date of the consolidation
shall be immediately after the time for appeal of the order of
consolidation has passed or after the final disposition of any appeal
taken from a consolidation order.
If the regional board of school trustees renders a decision denying
the consolidation, a majority of the school boards located within the
county disconnected, upon the adoption of appropriate resolutions, may
petition another educational service region for consolidation. The
proceedings on this petition shall be consistent with this Section.
(Source: P.A. 86-1028.)
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105 ILCS 5/3A-14
(105 ILCS 5/3A-14) (from Ch. 122, par. 3A-14)
Sec. 3A-14.
Interim Period.
An educational service region
shall continue to serve a county as herein provided until the time
the consolidation is effective as provided for in Section 3A-13.
(Source: P.A. 80-951.)
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105 ILCS 5/3A-15
(105 ILCS 5/3A-15) (from Ch. 122, par. 3A-15)
Sec. 3A-15. Legal representation.
Except as otherwise provided in this Section, upon request the State's attorney of
the county where the regional superintendent's office is located shall act
as the legal representative of the regional superintendent of schools; however,
where matters arise which are within the exclusive jurisdiction of another
State's attorney, said State's attorney shall provide legal representation. If, in multicounty educational service regions, the county boards grant approval through an intergovernmental agreement, or if, in educational service regions serving only one county, the county board grants approval, then the regional superintendent of schools is authorized to hire private legal counsel to represent him or her in legal matters, and each county located within the region shall pay a per capita share of the legal fees incurred, based on the number of people in the county according to the most recent U.S. census.
(Source: P.A. 94-153, eff. 7-8-05.)
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105 ILCS 5/3A-16
(105 ILCS 5/3A-16)
Sec. 3A-16. Regional office of education advisory board.
(a) Beginning October 1, 2009, a regional office of education advisory board
shall be established within each region serving Class I counties or within each group of regions participating in an intergovernmental agreement for the provision of professional development to advise
the regional superintendent of schools of the region or regions involved concerning the planning
and
delivery of professional development programs and services.
(b) The advisory board shall consist of at least 9 members. All members of the advisory board shall be certified pursuant to Article 21 of this Code and be currently employed in positions requiring certification by a school district, special education cooperative, joint agreement, or regional office of education program. A majority of members shall be nominated by statewide organizations representing teachers within the region or regions and selected by the regional superintendent of the region or regions involved. Administrators shall be nominated by statewide organizations representing administrators within the region or regions and selected by the regional superintendent of the region or regions involved.
(c) The regional office of education advisory
board shall meet at least annually
for the performance of its advisory duties.
(Source: P.A. 96-568, eff. 8-18-09.)
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105 ILCS 5/3A-17
(105 ILCS 5/3A-17)
Sec. 3A-17. (Repealed).
(Source: P.A. 89-335, eff. 1-1-96. Repealed by P.A. 96-893, eff. 7-1-10.)
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105 ILCS 5/3A-18 (105 ILCS 5/3A-18) Sec. 3A-18. (Repealed).
(Source: P.A. 97-619, eff. 11-14-11. Repealed internally, eff. 8-2-12.) |
105 ILCS 5/Art. 4
(105 ILCS 5/Art. 4 heading)
ARTICLE 4.
DUTIES OF COUNTY BOARD
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105 ILCS 5/4-1
(105 ILCS 5/4-1) (from Ch. 122, par. 4-1)
Sec. 4-1.
Duties
of county board.
The county board of each county shall perform the duties prescribed in
this article.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/4-2
(105 ILCS 5/4-2) (from Ch. 122, par. 4-2)
Sec. 4-2.
Office and supplies.
Provide for the county superintendent of
schools a suitable office with necessary furniture and office supplies.
On and after July 1, 1994, the provisions of this Section shall have
no application in any county having a population of 2,000,000 or more
inhabitants.
(Source: P.A. 87-654; 87-1251.)
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105 ILCS 5/4-3
(105 ILCS 5/4-3) (from Ch. 122, par. 4-3)
Sec. 4-3.
Report
of county superintendent.
Examine and approve or reject the report of the county superintendent of
schools made to it.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/4-4
(105 ILCS 5/4-4) (from Ch. 122, par. 4-4)
Sec. 4-4.
Traveling expenses.
Allow, when they deem it proper, reasonable
traveling expenses for the office of county superintendent of schools.
On and after July 1, 1994, the provisions of this Section shall have
no application in any county having a population of 2,000,000 or more
inhabitants.
(Source: P.A. 87-654; 87-1251.)
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105 ILCS 5/4-5
(105 ILCS 5/4-5) (from Ch. 122, par. 4-5)
Sec. 4-5.
Audit of
bills.
Audit at the regular meeting in September, and as near quarterly
thereafter as it may have regular or special meetings, the itemized bills
of the county superintendent of schools for his office and traveling
expenses.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/4-6
(105 ILCS 5/4-6) (from Ch. 122, par. 4-6)
Sec. 4-6.
Employment of assistants.
Authorize the county superintendent
of schools to employ such assistants as he needs for the discharge of his
duties and fix the compensation thereof, which compensation shall be paid
out of the county treasury.
On and after July 1, 1994, the provisions of this Section shall have no
application in any county having a population of 2,000,000 or more inhabitants.
(Source: P.A. 87-654; 87-1251.)
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105 ILCS 5/4-7
(105 ILCS 5/4-7) (from Ch. 122, par. 4-7)
Sec. 4-7.
Examination of financial statements.
(a) Examine the financial statements of the county superintendent of
schools required by Section 15-21 and compare them with vouchers.
(b) The county board, or so many thereof as are present at
its meeting, shall be liable individually to the fund injured and to the
sureties of the county superintendent, if judgment is recovered from the
sureties, for all damages occasioned by neglect of the duties, or any of
them, required of the board by this section; but nothing herein shall be
construed to exempt the sureties and they shall remain liable to the fund
injured the same as if the members of the county board were not liable to
them for neglect of their duty. On and after July 1, 1994, the
provisions of this subsection (b) shall have no application in any county
having a population of 2,000,000 or more inhabitants.
(Source: P.A. 87-654; 87-1251.)
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105 ILCS 5/4-8
(105 ILCS 5/4-8) (from Ch. 122, par. 4-8)
Sec. 4-8.
Bond -- approval -- increase.
Approve the bond of the county
superintendent of schools, and increase the penalty thereof if, in its
judgment the penalty should be increased.
On and after July 1, 1994, the provisions of this Section shall have no
application in any county having a population of 2,000,000 or more inhabitants.
(Source: P.A. 87-654; 87-1251.)
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105 ILCS 5/4-9
(105 ILCS 5/4-9) (from Ch. 122, par. 4-9)
Sec. 4-9.
New bond.
Require the county superintendent of schools, after
notice given, to execute a new bond, conditioned and approved as the first
bond, whenever it deems a new bond necessary, but the execution of such new
bond shall not affect the old bond or the liability of the sureties thereon.
On and after July 1, 1994, the provisions of this Section shall have no
application in any county having a population of 2,000,000 or more inhabitants.
(Source: P.A. 87-654; 87-1251.)
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105 ILCS 5/4-10
(105 ILCS 5/4-10) (from Ch. 122, par. 4-10)
Sec. 4-10.
Reports -- Removal from office.
(a) Require the county superintendent of schools to make the reports
to it provided for by law.
(b) Remove the county superintendent of schools from
office in case of neglect or refusal so to do, or for any palpable
violation of law or omission of duty. On and after July 1, 1994, the
provisions of this subsection (b) shall have no application in any county
having a population of 2,000,000 or more inhabitants.
(Source: P.A. 87-654; 87-1251.)
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105 ILCS 5/4-10.5 (105 ILCS 5/4-10.5) Sec. 4-10.5. Expenses for life-skills programs. Allow, when the county board deems it proper, reasonable expenses of the regional superintendent of schools to administer life-skills programs related to the healthy social and emotional development of children.
(Source: P.A. 95-391, eff. 8-23-07.) |
105 ILCS 5/4-11
(105 ILCS 5/4-11) (from Ch. 122, par. 4-11)
Sec. 4-11.
Depositories.
The county board, when requested by the county superintendent of
schools, shall designate one or more banks or savings and loan associations
in which the
funds and moneys received by him by virtue of his office may be deposited.
When a bank or savings and loan association has been designated as a
depository, it shall continue as such
until 10 days have elapsed after a new depository is designated and
qualified by furnishing the statement of resources and liabilities required
by this Section. When a new depository is designated, the county board
shall notify the sureties of the county superintendent of that fact, in
writing, at least 5 days before the transfer of funds. The county
superintendent of schools shall be discharged from responsibility for all
funds and moneys deposited in the banks or savings and loan association
so designated while
such funds and moneys are so deposited.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
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105 ILCS 5/4-12 (105 ILCS 5/4-12) Sec. 4-12. Educational service center support. Notwithstanding Sections 4-2, 4-4, 4-6, 4-7, 4-8, 4-9, and 4-10 of this Code, a county having a population of 2,000,000 or more inhabitants may provide financial or in-kind support to the educational service centers serving that county.
(Source: P.A. 96-893, eff. 7-1-10.) |
105 ILCS 5/Art. 5
(105 ILCS 5/Art. 5 heading)
ARTICLE 5.
TRUSTEES OF SCHOOLS
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105 ILCS 5/5-1 (105 ILCS 5/5-1) (from Ch. 122, par. 5-1) Sec. 5-1. County school units. (a) The territory in each county, exclusive of any school district governed by any special act which requires the district to appoint its own school treasurer, shall constitute a county school unit. County school units of less than 2,000,000 inhabitants shall be known as Class I county school units and the office of township trustees, where existing on July 1, 1962, in such units shall be abolished on that date and all books and records of such former township trustees shall be forthwith thereafter transferred to the county board of school trustees. County school units of 2,000,000 or more inhabitants shall be known as Class II county school units and shall retain the office of township trustees unless otherwise provided in subsection (b), (c), or (d), or shall be administered as provided Section 5-2.2. (b) Notwithstanding subsections (a) and (c), the school board of any elementary school district having a fall, 1989 aggregate enrollment of at least 2,500 but less than 6,500 pupils and having boundaries that are coterminous with the boundaries of a high school district, and the school board of any high school district having a fall, 1989 aggregate enrollment of at least 2,500 but less than 6,500 pupils and having boundaries that are coterminous with the boundaries of an elementary school district, may, whenever the territory of such school district forms a part of a Class II county school unit, by proper resolution withdraw such school district from the jurisdiction and authority of the trustees of schools of the township in which such school district is located and from the jurisdiction and authority of the township treasurer in such Class II county school unit; provided that the school board of any such school district shall, upon the adoption and passage of such resolution, thereupon elect or appoint its own school treasurer as provided in Section 8-1. Upon the adoption and passage of such resolution and the election or appointment by the school board of its own school treasurer: (1) the trustees of schools in such township shall no longer have or exercise any powers and duties with respect to the school district governed by such school board or with respect to the school business, operations or assets of such school district; and (2) all books and records of the township trustees relating to the school business and affairs of such school district shall be transferred and delivered to the school board of such school district. Upon the effective date of this amendatory Act of 1993, the legal title to, and all right, title and interest formerly held by the township trustees in any school buildings and school sites used and occupied by the school board of such school district for school purposes, that legal title, right, title and interest thereafter having been transferred to and vested in the regional board of school trustees under P.A. 87-473 until the abolition of that regional board of school trustees by P.A. 87-969, shall be deemed transferred by operation of law to and shall vest in the school board of that school district. Notwithstanding subsections (a) and (c), the school boards of Oak Park & River Forest District 200, Oak Park Elementary School District 97, and River Forest School District 90 may, by proper resolution, withdraw from the jurisdiction and authority of the trustees of schools of Proviso and Cicero Townships and the township treasurer, provided that the school board shall, upon the adoption and passage of the resolution, elect or appoint its own school treasurer as provided in Section 8-1 of this Code. Upon the adoption and passage of the resolution and the election or appointment by the school board of its own school treasurer: (1) the trustees of schools in the township or townships shall no longer have or exercise any powers or duties with respect to the school district or with respect to the school business, operations, or assets of the school district; (2) all books and records of the trustees of schools and all moneys, securities, loanable funds, and other assets relating to the school business and affairs of the school district shall be transferred and delivered to the school board; and (3) all legal title to and all right, title, and interest formerly held by the trustees of schools in any common school lands, school buildings, or school sites used and occupied by the school board and all rights of property and causes of action pertaining to or constituting a part of the common school lands, buildings, or sites shall be deemed transferred by operation of law to and shall vest in the school board. Notwithstanding subsections (a) and (c), the respective school boards of Berwyn North School District 98, Berwyn South School District 100, Cicero School District 99, and J.S. Morton High School District 201 may, by proper resolution, withdraw from the jurisdiction and authority of the trustees of schools of Cicero Township and the township treasurer, provided that the school board shall, upon the adoption and passage of the resolution, elect or appoint its own school treasurer as provided in Section 8-1 of this Code. Upon the adoption and passage of the resolution and the election or appointment by the school board of its own school treasurer: (1) the trustees of schools in the township shall no longer have or exercise any powers or duties with respect to the school district or with respect to the school business, operations, or assets of the school district; (2) all books and records of the trustees of schools and all moneys, securities, loanable funds, and other assets relating to the school business and affairs of the school district shall be transferred and delivered to the school board; and (3) all legal title to and all right, title, and interest formerly held by the trustees of schools in any common school lands, school buildings, or school sites used and occupied by the school board and all rights of property and causes of action pertaining to or constituting a part of the common school lands, buildings, or sites shall be deemed transferred by operation of law to and shall vest in the school board. Notwithstanding subsections (a) and (c) of this Section and upon final judgment, including the exhaustion of all appeals or a settlement between all parties, regarding claims set forth in the case of Township Trustees of Schools Township 38 North, Range 12 East v. Lyons Township High School District No. 204 case N. 13 CH 23386 pending in 2018 in the Circuit Court of Cook County, Illinois, County Department, Chancery Division, and all related pending claims, the school board of Lyons Township High School District 204 may commence, by proper resolution, to withdraw from the jurisdiction and authority of the trustees of schools of Lyons Township and the township treasurer, provided that the school board shall, upon the adoption and passage of the resolution, elect or appoint its own school treasurer as provided in Section 8-1 of this Code. Upon the adoption and passage of the resolution and the election or appointment by the school board of its own school treasurer commencing with the first day of the succeeding fiscal year, but not prior to July 1, 2019: (1) the trustees of schools in the township shall no longer have or exercise any powers or duties with respect to the school district or with respect to the school business, operations, or assets of the school district; (2) all books and records of the trustees of schools and all moneys, securities, loanable funds, and other assets relating to the school business and affairs of the school district shall be transferred and delivered to the school board, allowing for a reasonable period of time not to exceed 90 days to liquidate any pooled investments; and (3) all legal title to and all right, title, and interest formerly held by the trustees of schools in any common school lands, school buildings, or school sites used and occupied by the school board and all rights of property and causes of action pertaining to or constituting a part of the common school lands, buildings, or sites shall be deemed transferred by operation of law to and shall vest in the school board. The changes made to this Section by this amendatory Act of the 100th General Assembly are prospective only, starting from the effective date of this amendatory Act of the 100th General Assembly, and shall not affect any legal action pending on the effective date of this amendatory Act of the 100th General Assembly in the Illinois courts in which Lyons Township High School District 204 is a listed party. Notwithstanding subsections (a) and (c), the school boards of Glenbrook High School District 225, Northbrook Elementary School District 27, Northbrook School District 28, Sunset Ridge School District 29, Northbrook/Glenview School District 30, West Northfield School District 31, and Glenview Community Consolidated School District 34 may, by proper resolution, withdraw from the jurisdiction and authority of the trustees of schools of Northfield and Maine Townships and the township treasurer, provided that the school board shall, upon the adoption and passage of the resolution, elect or appoint its own school treasurer as provided in Section 8-1 of this Code. Upon the adoption and passage of the resolution and the election or appointment by the school board of its own school treasurer: (1) the trustees of schools in the township or townships shall no longer have or exercise any powers or duties with respect to the school district or with respect to the school business, operations, or assets of the school district; (2) all books and records of the trustees of schools and all moneys, securities, loanable funds, and other assets relating to the school business and affairs of the school district shall be transferred and delivered to the school board; and (3) all legal title to and all right, title, and interest formerly held by the trustees of schools in any common school lands, school buildings, or school sites used and occupied by the school board and all rights of property and causes of action pertaining to or constituting a part of the common school lands, buildings, or sites shall be deemed transferred by operation of law to and shall vest in the school board. (c) Notwithstanding the provisions of subsection (a), the offices of township treasurer and trustee of schools of any township located in a Class II county school unit shall be abolished as provided in this subsection if all of the following conditions are met: (1) During the same 30 day period, each school board | | of each elementary and unit school district that is subject to the jurisdiction and authority of the township treasurer and trustees of schools of the township in which those offices are sought to be abolished gives written notice by certified mail, return receipt requested to the township treasurer and trustees of schools of that township of the date of a meeting of the school board, to be held not more than 90 nor less than 60 days after the date when the notice is given, at which meeting the school board is to consider and vote upon the question of whether there shall be submitted to the electors of the school district a proposition to abolish the offices of township treasurer and trustee of schools of that township. None of the notices given under this paragraph to the township treasurer and trustees of schools of a township shall be deemed sufficient or in compliance with the requirements of this paragraph unless all of those notices are given within the same 30 day period.
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| (2) Each school board of each elementary and unit
| | school district that is subject to the jurisdiction and authority of the township treasurer and trustees of schools of the township in which those offices are sought to be abolished, by the affirmative vote of at least 5 members of the school board at a school board meeting of which notice is given as required by paragraph (1) of this subsection, adopts a resolution requiring the secretary of the school board to certify to the proper election authorities for submission to the electors of the school district at the next consolidated election in accordance with the general election law a proposition to abolish the offices of township treasurer and trustee of schools of that township. None of the resolutions adopted under this paragraph by any elementary or unit school districts that are subject to the jurisdiction and authority of the township treasurer and trustees of schools of the township in which those offices are sought to be abolished shall be deemed in compliance with the requirements of this paragraph or sufficient to authorize submission of the proposition to abolish those offices to a referendum of the electors in any such school district unless all of the school boards of all of the elementary and unit school districts that are subject to the jurisdiction and authority of the township treasurer and trustees of schools of that township adopt such a resolution in accordance with the provisions of this paragraph.
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| (3) The school boards of all of the elementary and
| | unit school districts that are subject to the jurisdiction and authority of the township treasurer and trustees of schools of the township in which those offices are sought to be abolished submit a proposition to abolish the offices of township treasurer and trustee of schools of that township to the electors of their respective school districts at the same consolidated election in accordance with the general election law, the ballot in each such district to be in substantially the following form:
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| - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
OFFICIAL BALLOT Shall the offices of township
treasurer and YES
trustee of - - - - - - - - - - - - - -
schools of Township ..... NO
Range ..... be abolished?
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(4) At the consolidated election at which the | | proposition to abolish the offices of township treasurer and trustee of schools of a township is submitted to the electors of each elementary and unit school district that is subject to the jurisdiction and authority of the township treasurer and trustee of schools of that township, a majority of the electors voting on the proposition in each such elementary and unit school district votes in favor of the proposition as submitted to them.
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| If in each elementary and unit school district that is subject to the jurisdiction and authority of the township treasurer and trustees of schools of the township in which those offices are sought to be abolished a majority of the electors in each such district voting at the consolidated election on the proposition to abolish the offices of township treasurer and trustee of schools of that township votes in favor of the proposition as submitted to them, the proposition shall be deemed to have passed; but if in any such elementary or unit school district a majority of the electors voting on that proposition in that district fails to vote in favor of the proposition as submitted to them, then notwithstanding the vote of the electors in any other such elementary or unit school district on that proposition the proposition shall not be deemed to have passed in any of those elementary or unit school districts, and the offices of township treasurer and trustee of schools of the township in which those offices were sought to be abolished shall not be abolished, unless in each of those elementary and unit school districts remaining subject to the jurisdiction and authority of the township treasurer and trustees of schools of that township proceedings are again initiated to abolish those offices and all of the proceedings and conditions prescribed in paragraphs (1) through (4) of this subsection are repeated and met in each of those elementary and unit school districts.
Notwithstanding the foregoing provisions of this Section or any other provision of the School Code, the offices of township treasurer and trustee of schools of a township that has a population of less than 200,000 and that contains a unit school district and is located in a Class II county school unit shall also be abolished as provided in this subsection if all of the conditions set forth in paragraphs (1), (2), and (3) of this subsection are met and if the following additional condition is met:
The electors in all of the school districts subject
| | to the jurisdiction and authority of the township treasurer and trustees of schools of the township in which those offices are sought to be abolished shall vote at the consolidated election on the proposition to abolish the offices of township treasurer and trustee of schools of that township. If a majority of the electors in all of the school districts combined voting on the proposition vote in favor of the proposition, then the proposition shall be deemed to have passed; but if a majority of the electors voting on the proposition in all of the school district fails to vote in favor of the proposition as submitted to them, then the proposition shall not be deemed to have passed and the offices of township treasurer and trustee of schools of the township in which those offices were sought to be abolished shall not be abolished, unless and until the proceedings detailed in paragraphs (1) through (3) of this subsection and the conditions set forth in this paragraph are met.
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| If the proposition to abolish the offices of township treasurer and trustee of schools of a township is deemed to have passed at the consolidated election as provided in this subsection, those offices shall be deemed abolished by operation of law effective on January 1 of the calendar year immediately following the calendar year in which that consolidated election is held, provided that if after the election, the trustees of schools by resolution elect to abolish the offices of township treasurer and trustee of schools effective on July 1 immediately following the election, then the offices shall be abolished on July 1 immediately following the election. On the date that the offices of township treasurer and trustee of schools of a township are deemed abolished by operation of law, the school board of each elementary and unit school district and the school board of each high school district that is subject to the jurisdiction and authority of the township treasurer and trustees of schools of that township at the time those offices are abolished: (i) shall appoint its own school treasurer as provided in Section 8-1; and (ii) unless the term of the contract of a township treasurer expires on the date that the office of township treasurer is abolished, shall pay to the former township treasurer its proportionate share of any aggregate compensation that, were the office of township treasurer not abolished at that time, would have been payable to the former township treasurer after that date over the remainder of the term of the contract of the former township treasurer that began prior to but ends after that date. In addition, on the date that the offices of township treasurer and trustee of schools of a township are deemed abolished as provided in this subsection, the school board of each elementary school, high school and unit school district that until that date is subject to the jurisdiction and authority of the township treasurer and trustees of schools of that township shall be deemed by operation of law to have agreed and assumed to pay and, when determined, shall pay to the Illinois Municipal Retirement Fund a proportionate share of the unfunded liability existing in that Fund at the time these offices are abolished in that calendar year for all annuities or other benefits then or thereafter to become payable from that Fund with respect to all periods of service performed prior to that date as a participating employee in that Fund by persons serving during those periods of service as a trustee of schools, township treasurer or regular employee in the office of the township treasurer of that township. That unfunded liability shall be actuarially determined by the board of trustees of the Illinois Municipal Retirement Fund, and the board of trustees shall thereupon notify each school board required to pay a proportionate share of that unfunded liability of the aggregate amount of the unfunded liability so determined. The amount so paid to the Illinois Municipal Retirement Fund by each of those school districts shall be credited to the account of the township in that Fund. For each elementary school, high school and unit school district under the jurisdiction and authority of a township treasurer and trustees of schools of a township in which those offices are abolished as provided in this subsection, each such district's proportionate share of the aggregate compensation payable to the former township treasurer as provided in this paragraph and each such district's proportionate share of the aggregate amount of the unfunded liability payable to the Illinois Municipal Retirement Fund as provided in this paragraph shall be computed in accordance with the ratio that the number of pupils in average daily attendance in each such district for the school year last ending prior to the date on which the offices of township treasurer and trustee of schools of that township are abolished bears to the aggregate number of pupils in average daily attendance in all of those districts as so reported for that school year.
Upon abolition of the offices of township treasurer and trustee of schools of a township as provided in this subsection: (i) the regional board of school trustees, in its corporate capacity, shall be deemed the successor in interest to the former trustees of schools of that township with respect to the common school lands and township loanable funds of the township; (ii) all right, title and interest existing or vested in the former trustees of schools of that township in the common school lands and township loanable funds of the township, and all records, moneys, securities and other assets, rights of property and causes of action pertaining to or constituting a part of those common school lands or township loanable funds, shall be transferred to and deemed vested by operation of law in the regional board of school trustees, which shall hold legal title to, manage and operate all common school lands and township loanable funds of the township, receive the rents, issues and profits therefrom, and have and exercise with respect thereto the same powers and duties as are provided by this Code to be exercised by regional boards of school trustees when acting as township land commissioners in counties having at least 220,000 but fewer than 2,000,000 inhabitants; (iii) the regional board of school trustees shall select to serve as its treasurer with respect to the common school lands and township loanable funds of the township a person from time to time also serving as the appointed school treasurer of any school district that was subject to the jurisdiction and authority of the township treasurer and trustees of schools of that township at the time those offices were abolished, and the person selected to also serve as treasurer of the regional board of school trustees shall have his compensation for services in that capacity fixed by the regional board of school trustees, to be paid from the township loanable funds, and shall make to the regional board of school trustees the reports required to be made by treasurers of township land commissioners, give bond as required by treasurers of township land commissioners, and perform the duties and exercise the powers of treasurers of township land commissioners; (iv) the regional board of school trustees shall designate in the manner provided by Section 8-7, insofar as applicable, a depositary for its treasurer, and the proceeds of all rents, issues and profits from the common school lands and township loanable funds of that township shall be deposited and held in the account maintained for those purposes with that depositary and shall be expended and distributed therefrom as provided in Section 15-24 and other applicable provisions of this Code; and (v) whenever there is vested in the trustees of schools of a township at the time that office is abolished under this subsection the legal title to any school buildings or school sites used or occupied for school purposes by any elementary school, high school or unit school district subject to the jurisdiction and authority of those trustees of school at the time that office is abolished, the legal title to those school buildings and school sites shall be deemed transferred by operation of law to and invested in the school board of that school district, in its corporate capacity under Section 10-22.35B of this Code, the same to be held, sold, exchanged leased or otherwise transferred in accordance with applicable provisions of this Code.
Notwithstanding Section 2-3.25g of this Code, a waiver of a mandate established under this Section may not be requested.
(d) Notwithstanding any other provision of law, any school district that forms a part of a Class II county school unit may, by a resolution adopted by at least two-thirds of the members of the school board of a school district, withdraw a school district from the jurisdiction and authority of the trustees of schools of the township in which such school district is located and from the jurisdiction and authority of the township treasurer of the township in which such school district is located, provided that the school board of the school district shall, upon the adoption and passage of such resolution, thereupon elect or appoint its own school treasurer as provided in Section 8-1 of this Code. The appointed school treasurer may include a township treasurer. The school board may enter into a contractual or intergovernmental agreement with an appointed school treasurer for school treasurer services.
Upon adoption and passage of the resolution and the election or appointment by the school board of its own school treasurer commencing with the first day of the succeeding fiscal year, but not prior to July 1, 2025: (1) the trustees of schools in the township or townships shall no longer have or exercise any powers or duties with respect to the school district or with respect to the school business, operations, or assets of the school district; (2) all books and records of the trustees of schools and all moneys, securities, loanable funds, and other assets relating to the school business and affairs of the school district shall be transferred and delivered to the school board; and (3) all legal title to and all right, title, and interest formerly held by the trustees of schools in any common school lands, school buildings, or school sites used and occupied by the school board and all rights of property and causes of action pertaining to or constituting a part of the common school lands, buildings, or sites shall be deemed transferred by operation of law to and shall vest in the school board.
(Source: P.A. 103-144, eff. 6-30-23; 103-790, eff. 8-9-24.)
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105 ILCS 5/5-1a
(105 ILCS 5/5-1a) (from Ch. 122, par. 5-1a)
Sec. 5-1a.
High school districts.
Notwithstanding any other provision
of this Article or the School Code, the school board of any high school
district that is located in a Class II county school unit and that on or
after the effective date of this amendatory Act of 1991 is subject to the
jurisdiction and authority of a township treasurer and trustees of schools of
a township in which all or any part of that school district is located may
not withdraw from the jurisdiction and authority of that township treasurer
and those trustees of schools and transfer or otherwise submit to the
jurisdiction and authority of a township treasurer or trustees of school
of another township, unless the school board of each underlying elementary
school district whose territory includes all or any part of the territory
included within that high school district, by resolution, consents to the
proposed withdrawal by the school board of that high school district from
the jurisdiction and authority of the township treasurer and trustees of
schools of the township to which that high school district is subject and
the transfer or other submission by the school board of that high school
district to the jurisdiction and authority of a township treasurer or
trustees of schools of another township.
A high school district that is subject to the jurisdiction and authority
of the township treasurer and trustees of schools of a township in which
those offices are abolished as provided in subsection (c) of Section 5-1
shall thereupon be required to appoint its own school treasurer as provided
in paragraph (4) of subsection (c) of Section 5-1 and subsection (c) of
Section 8-1, and shall be subject to and governed by the other changes made
to the School Code by this amendatory Act of 1991, insofar as the same are
applicable to a high school district.
(Source: P.A. 87-473.)
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