(105 ILCS 5/5-1b) Sec. 5-1b. (Repealed).
(Source: P.A. 94-432, eff. 8-2-05. Repealed internally, eff. 1-1-10.) |
(105 ILCS 5/5-2) (from Ch. 122, par. 5-2)
Sec. 5-2. Governing board.
(a) Except as otherwise provided in subsection (b), the school business of all school townships having school trustees shall
be transacted by three trustees, to be elected by the qualified voters of
the township, as provided in this Article 5. (b) This subsection (b) applies only to the trustees of schools of Township 38 North, Range 12 East. The school business of the township shall be transacted by 4 trustees elected by the qualified voters of the township, as provided in this Article 5, and 3 trustees appointed by the school districts within the township, as provided in this subsection (b). An elected trustee and an appointed trustee may represent the same school district. Any trustee, whether elected or appointed, may serve as an officer of the trustees of schools. The 3 trustees to be appointed shall each be appointed for a term of one year as follows: (1) The school boards of Argo Community High School | ||
| ||
(2) The school boards of Western Springs School | ||
| ||
(3) Each year, among the school board presidents of | ||
| ||
(c) The trustees shall be a body politic
and corporate, by the name of "trustees of schools of township No. ....,
range No. ....," according to the number, or in case of school townships
created from two or more congressional townships, such name shall be
"trustees of .... township .... county, Illinois." Such corporation shall
have perpetual existence, with power to sue and be sued, and to plead and
be impleaded, in all courts and places where judicial proceedings are had.
(Source: P.A. 102-924, eff. 5-27-22.)
|
(105 ILCS 5/5-2.1) (from Ch. 122, par. 5-2.1)
Sec. 5-2.1. Eligible Voters: For the purposes of this Article persons
who are qualified to vote in school elections shall be eligible to vote
for the trustees of schools who have jurisdiction over the elementary school
district or unit school district in which the person resides.
If the application of this Section results in an elector
voting for trustees of a school township in which he does not reside
because the elementary or unit school district crosses township boundaries
and has been assigned to the jurisdiction of the trustees of an adjoining
township, that elector shall also be eligible to vote for the trustees of
the township within which he resides. Moreover, an elector who resides in a high school district that crosses township boundaries and has been assigned to the jurisdiction of the trustees of an adjoining township shall be eligible to vote for both the trustees of the township in which he or she resides and the trustees of the township having jurisdiction over the high school district in which he or she resides.
(Source: P.A. 94-432, eff. 8-2-05.)
|
(105 ILCS 5/5-2.2) Sec. 5-2.2. Designation of trustees; Township 36 North, Range 13 East. After the April 5, 2011 consolidated election, the trustees of schools in Township 36 North, Range 13 East shall no longer be elected pursuant to the provisions of Sections 5-2, 5-2.1, 5-3, 5-4, 5-12, and 5-13 of this Code. Any such trustees elected before such date may complete the term to which that trustee was elected, but shall not be succeeded by election. Instead, the board of education or board of school directors of each of the elementary and high school districts that are subject to the jurisdiction of Township 36 North, Range 13 East shall appoint one of the members to serve as trustee of schools. The trustees of schools shall be appointed by each board of education or board of school directors within 60 days after the effective date of this amendatory Act of the 97th General Assembly and shall reorganize within 30 days after all the trustees of schools have been appointed or within 30 days after all the trustees of schools were due to have been appointed, whichever is sooner. Trustees of schools so appointed shall serve at the pleasure of the board of education or board of school directors appointing them, but in no event longer than 2 years unless reappointed. A majority of members of the trustees of schools shall constitute a quorum for the transaction of business. The trustees shall organize by appointing one of their number president, who shall hold the office for 2 years. If the president is absent from any meeting, or refuses to perform any of the duties of the office, a president pro-tempore may be appointed. Trustees who serve on the board as a result of appointment or election at the time of the reorganization shall continue to serve as a member of the trustees of schools, with no greater or lesser authority than any other trustee, until such time as their elected term expires. Each trustee of schools appointed by a board of education or board of school directors shall be entitled to indemnification and protection against claims and suits by the board that appointed that trustee of schools for acts or omissions as a trustee of schools in the same manner and to the same extent as the trustee of schools is entitled to indemnification and protection for acts or omissions as a member of the board of education or board of school directors under Section 10-20.20 of this Code.
(Source: P.A. 99-642, eff. 7-28-16.) |
(105 ILCS 5/5-3) (from Ch. 122, par. 5-3)
Sec. 5-3. Eligibility of trustees.
No person shall be eligible to the office of trustee of schools who is
not a resident of the township and at least 18 years of age. If there are
3 or more school districts in a township which are subject to the
jurisdiction of the trustees of schools of that township, no 2 trustees shall reside,
when elected, in the same school district; except that in townships in
which at least 90% of the electors reside in one school district which is
subject to the jurisdiction of the trustees of schools of that township, this
restriction shall not apply. No person shall be eligible to the office of
trustee of schools and school director or school board member at the same
time.
This Section does not apply to trustees appointed under subsection (b) of Section 5-2. (Source: P.A. 102-924, eff. 5-27-22.)
|
(105 ILCS 5/5-4) (from Ch. 122, par. 5-4)
Sec. 5-4. Election of trustees. The election of trustees of schools shall be held in odd-numbered years
at the election specified in the general election law. In townships in which
no election for school
trustees has been held, or in townships in which from any cause there are
no trustees of schools and the law requires that there be school trustees,
the election of trustees of schools shall be held at the same
time.
No person shall be nominated for the office of trustee of schools, in townships
containing 20,000 inhabitants or over, except by petition signed by at least
5% or 500 of the voters of the school township in which the person is seeking nomination
and election who last cast votes in the most recent election, whichever is less, filed with the township
treasurer, or, in case of a first election, with the county clerk.
A candidate for election as a school trustee, who has petitioned for nomination
to fill a full term and to fill a vacant term to be voted upon at the same
election, must withdraw his or her petition for nomination from either the
full term or the vacant term by written declaration, which shall be signed
and acknowledged by an officer authorized to take such acknowledgments and
which is filed with the township treasurer in the township in which he or
she is a candidate within the time provided by the general election law.
(Source: P.A. 102-924, eff. 5-27-22.)
|
(105 ILCS 5/5-12) (from Ch. 122, par. 5-12)
Sec. 5-12.
Trustees' names and townships to regional superintendent.
The returns of an election for trustees of schools shall be
made to the county clerk. He shall furnish to the regional superintendent
of schools, within 7 days after the returns have been made, the
names of the trustees so returned to him, and shall specify the townships
in which they have been elected.
(Source: P.A. 81-1490.)
|
(105 ILCS 5/5-13) (from Ch. 122, par. 5-13)
Sec. 5-13.
Term of office of trustees.
In townships already organized,
the school trustee shall be elected in each odd numbered year for a term
of 6 years to succeed the trustee whose term expires in such odd numbered year.
The first-elected trustees in a newly organized township shall at their
first meeting cast lots for their respective terms of office, for 2, 4 and
6 years; and thereafter 1 trustee shall be elected in each odd-numbered
year.
(Source: P.A. 81-1490.)
|
(105 ILCS 5/5-14) (from Ch. 122, par. 5-14)
Sec. 5-14. Term of office of successors - Vacancies. Successors to the trustees whose terms of office expire at the time prescribed
in Section 5-13, and their successors, shall hold their offices for 6 years
and until their respective successors are elected and qualified. Trustees
of schools shall enter upon the duties of their office on the third Monday
of the month following their election.
Whenever a vacancy occurs, the remaining trustees shall 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 28 months 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. The successor shall have the same residential
qualifications as his predecessor. Should they fail so to act, within 30
days after the vacancy occurs, the regional superintendent of the region in
which the township lies, or if the township is divided by a county line or
lines, the regional superintendent of the region in which a majority of the
children, who reside in districts subject to the jurisdiction of the
trustees of schools of such township, attend school, shall within 15 days after the
remaining trustees have failed to fill the vacancy, fill the vacancy as
provided for herein. The successor shall have the same type of residential
qualifications as his predecessor.
(Source: P.A. 93-847, eff. 7-30-04.)
|
(105 ILCS 5/5-15) (from Ch. 122, par. 5-15)
Sec. 5-15.
Organization.
Within 10 days following commencement
of their terms, the trustees
shall organize by appointing 1 of their number president, who shall hold
his office for 2 years. The president shall preside at all meetings of the
board and shall sign the proceedings thereof when recorded. If the president
is absent from any meeting, or refuses to perform any of the duties of his
office, a president pro tempore may be appointed. The president may be removed
by the trustees of schools for sufficient cause.
(Source: P.A. 81-1490.)
|
(105 ILCS 5/5-16) (from Ch. 122, par. 5-16)
Sec. 5-16.
Meetings - Quorum.
The trustees of school shall hold regular meetings on the
first Monday of each calendar quarter or if such Monday falls on a holiday,
then on the following Monday. Special meetings may be called at
any time by the president or by two members. Two members shall
constitute a quorum for the transaction of business.
(Source: P.A. 81-338.)
|
(105 ILCS 5/5-17) (from Ch. 122, par. 5-17)
Sec. 5-17. Payment of claims - Apportionment and distribution of
funds. At the regular meetings, the trustees shall appropriate and pay
from the income of the permanent township fund, if it is sufficient, all
valid claims for the following:
1. The compensation of the treasurer.
2. The cost of publishing the annual statement.
3. The cost of a record book, if any.
4. The cost of dividing school lands and making | ||
| ||
If the income of the permanent township fund is not sufficient to
meet such items the additional amount needed may be taken from the total
of other funds subject to distribution, each district -- exclusive of
any district which has withdrawn from the jurisdiction and authority of the
trustees of schools of the township and which has elected or appointed its
own school treasurer as provided in subsection (b) of Section
5-1 -- being charged as its share of such items the proportion which the
amount of school funds of the district handled by the township treasurer
bears to the total amount of all school funds handled by such treasurer.
In Class II county school units (excluding therefrom, however, any
township therein in which the offices of township treasurer and trustee of
schools have been abolished as provided in subsection (c) of Section 5-1)
if any balance of the income from the
permanent township fund in any township remains after paying such items,
such balance shall be apportioned and distributed to the districts and
parts of districts in the township -- including any district which has
withdrawn from the jurisdiction and authority of the trustees of schools of
the township and which has elected or appointed its own school treasurer as
provided in subsection (b) of Section 5-1 -- in which schools
have been kept as required by law during the preceding year ending June 30,
according to the number of pupils in average daily attendance in grades one to
eight inclusive. At the
semi-annual meetings in all such townships all remaining funds subject
to distribution shall be apportioned and distributed to the districts
and parts of districts in the township in which schools have been kept
as required by law during the preceding year ending June 30, in the
manner and subject to the limitations prescribed in Sections 18-2
through 18-11 for the distribution of the common school fund among the
counties, provided that -- except for any balance of the income from the
permanent township fund remaining after payment of the items set forth in
subparagraphs 1, 2, 3 and 4 of this Section -- no funds shall be
apportioned or distributed to any school district which has withdrawn from
the jurisdiction and authority of the trustees of schools and appointed its
own school treasurer pursuant to Section 5-1; and the trustees shall
direct the treasurer to make a regular monthly apportionment and
distribution between semi-annual meetings, in the manner prescribed by
those sections, of any available funds on hand from the common school fund.
The funds distributed shall be credited to the respective districts and
parts of districts.
In Class I county school units and in any township forming a part of
a Class II county school unit in which township the offices of township
treasurer and trustee of schools have been abolished as provided in
subsection (c) of Section 5-1, if any balance of income from the
permanent township fund in any township remains after paying such items,
such balance or a part thereof equal to but not greater than the then
current tax levy or tax levies for common school purposes by all the
school districts or parts of school districts in said township on
property in said township in process of collection in the county wherein
the township having such fund is located, shall, upon an order drawn by
the treasurer and signed by the president and secretary of the township land
commissioners or regional board of school trustees, be paid annually on
or before February 1 to the County
Treasurer of the county in which such township is situated. It shall
then be the duty of the County Treasurer to apply and credit the sum so
received upon all tax bills for school purposes of the taxpayers in the
township, said sum to be applied and credited proportionately upon the
basis of the value of assessed property represented by each such tax
bill. Any sum received by the County Treasurer in excess of the amount
required to discharge in full the amount of all taxes for school
purposes so extended against taxable property within the township shall
be held by the County Treasurer and applied to taxes subsequently
extended for such purposes: Provided, that if a petition, signed by at
least 5% of the legal voters of the township, is presented to the regional
superintendent of schools of the educational service region
in which the township is located
requesting a vote on the proposition that such balance of the income
from the permanent township fund shall be apportioned and distributed to
the districts and parts of districts in the township in which schools
have been kept as required by law during the preceding year ending June
30, according to the number of pupils in average daily attendance in
grades one to eight, inclusive, upon an order drawn by the treasurer and signed by the
president and secretary of the township land commissioners or regional
board of school trustees, to be paid annually
on or before February 1, the regional superintendent of schools shall certify
to the proper election authority the proposition for submission to the
voters of the township in accordance with the general election law.
The treasurer shall cause a copy of the order to be published in one or
more newspapers published in the county school unit within 10 days after
the order is drawn. If no newspaper is published in the county school unit,
the order shall be published in a newspaper having general circulation
within the county school unit. The publication of the order shall include a
notice of (1) the specific number of voters required to sign a petition
requesting that the proposition to apportion and distribute to the several
school districts the excess of the income from the permanent township fund
be submitted to the voters of the township; (2) the time within which
the petition must be filed; and
(3) the date of the prospective referendum. The treasurer shall provide a
petition form to any individual requesting one. If the proposition receives
a majority of the votes cast thereon, it shall supersede the preceding
provisions for the distribution of such balance.
(Source: P.A. 94-1105, eff. 6-1-07.)
|
(105 ILCS 5/5-18) (from Ch. 122, par. 5-18)
Sec. 5-18.
Statements of conditions of schools.
Trustees of schools shall prepare, or cause to be prepared, by the
township treasurer, the directors or board members of the several
districts or other person, and forwarded to the regional
superintendent of
the region in which the township lies, on or before July 15 annually,
and at such other times as may be required by the regional superintendent
of schools or by the State Board of Education, a statement
exhibiting the condition of the schools subject to the jurisdiction and
authority of such trustees in the respective townships for
the preceding year, commencing on July 1 and ending June 30 which
statement shall be in the form, and shall contain the information
required by the State Board of Education. Any township from
which such report is not so received shall forfeit its portion of the
distributive fund for the next ensuing year.
(Source: P.A. 86-1441.)
|
(105 ILCS 5/5-19) (from Ch. 122, par. 5-19)
Sec. 5-19.
Township divided by county lines - Statistics and
information.
If a township is divided by a county line or lines, the trustees of
schools shall make, or cause to be made, separate enumerations of all
statistics and other information required by the State Board of Education,
and report them separately to the several regional
superintendents. All parts of such statistical information which cannot
practically be reported separately shall be reported to the regional
superintendent of the county in which the sixteenth section of such
township is situated.
(Source: P.A. 81-1508.)
|
(105 ILCS 5/5-20) (from Ch. 122, par. 5-20)
Sec. 5-20.
Examination of books, securities and effects - Accounts and
vouchers.
At each regular meeting, and at such other meetings as they may
think proper, the trustees of schools shall examine all books, notes,
mortgages, securities, papers, moneys and effects of the corporation,
and the accounts and vouchers of the township treasurer or other
township school officer, and shall make such order for their security,
preservation, collection, correction of errors, if any, and for their
proper disposition, as may be necessary.
(Source: P.A. 81-338.)
|