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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 5/32-3
(105 ILCS 5/32-3) (from Ch. 122, par. 32-3)
Sec. 32-3.
Law
governing appointment.
Where, by the provisions of any general or special law, the members of
the city council of any city have been made ex-officio school directors or
members of the board of education for the school district of which the city
constitutes the whole or a part, the school directors or members of the
board of education shall be appointed as provided in Section 32-3.1.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-3.1
(105 ILCS 5/32-3.1) (from Ch. 122, par. 32-3.1)
Sec. 32-3.1.
Nomination by mayor-President of board.
The mayor of any city described in Section 32-3, at the first regular
meeting of the city council, after each annual municipal election and after
his installation into office, shall nominate and place before the council
for confirmation as school directors or members of the board of education,
as the case may be, 1 person from each ward of the city to serve for 2
years and 1 person from the city at large to serve for 1 year. If the
persons so appointed are confirmed by a majority vote of the city council,
to be entered of record, such persons shall constitute the board of
education or school directors for the district. The person appointed from
the city at large for 1 year shall be president of the board of education
or school directors but shall have no vote except in case of a tie.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-3.2
(105 ILCS 5/32-3.2) (from Ch. 122, par. 32-3.2)
Sec. 32-3.2.
City of 45,000-Number of members-Nomination-Vacancy.
In any city, however, having a population of 45,000 or more,
constituting a school district to which Sections 32-3 to 32-4.11,
inclusive, are applicable, the board of education shall consist of 11
persons who shall be nominated by the mayor from the city at large and
confirmed by a majority vote of the city council, 1 of which persons shall
be designated by the mayor as the president of the board of education. The
president shall have no vote except in case of a tie. 5 Members of the
board of education and such person as may be designated as the president
thereof shall be nominated by the mayor and placed before the city council
for confirmation at the first regular meeting of the city council after the
mayor's installation into office, and upon confirmation by the council
shall hold their offices for 2 years and until their successor shall be
chosen as herein provided. The remaining 5 members of the board of
education shall be nominated by the mayor and placed before the city
council for confirmation at the first regular meeting of the city council
next after 1 year from the date of the mayor's installation into office,
and upon confirmation by the council shall hold their offices for 2 years
and until their successors shall be chosen as herein provided. If a vacancy
occurs in the board of education, the mayor shall nominate and place before
the city council for confirmation at a regular meeting thereof some person
to fill the vacancy, and upon confirmation by the city council, the person
so nominated shall hold the office during the remainder of the term for
which his predecessor was appointed.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-3.3
(105 ILCS 5/32-3.3) (from Ch. 122, par. 32-3.3)
Sec. 32-3.3.
Organization and powers of board.
The board members appointed under Section 32-3.1 to 32-3.2 shall, as
soon as practicable after their appointment, organize by electing 1 of
their number secretary, who shall hold his office for 1 year.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-3.5 (105 ILCS 5/32-3.5)
Sec. 32-3.5. Student board member. The governing board of a special charter district may appoint a student to the board to serve in an advisory capacity. The student member shall serve for a term as determined by the board. The board may not grant the student member any voting privileges, but shall consider the student member as an advisor. The student member may not participate in or attend any executive session of the board.
(Source: P.A. 94-231, eff. 7-14-05.) |
105 ILCS 5/32-4
(105 ILCS 5/32-4) (from Ch. 122, par. 32-4)
Sec. 32-4.
Powers of board.
The board of inspectors referred to in Section 32-2.11 may, in addition
to the powers conferred upon it by special law and the applicable
provisions of this Act, employ teachers, janitors and such other employees
as it deems necessary and fix the amount of their compensation; buy or
lease sites for schoolhouses, with the necessary grounds; build, erect,
lease or purchase buildings suitable for school purposes; repair and
improve buildings and furnish them with the necessary supplies, fixtures,
apparatus, libraries and fuel; and may lease school property, when not
needed for school purposes, for a term of not longer than 99 years from the
date of the granting of the lease. All such leases shall provide for
revaluation privileges at least once in every 20 years.
In case the school board and the lessee cannot agree on revaluation and
a new rent, the same shall be determined in the following manner: 3 arbitrators
shall be appointed, 1 by the school board, 1 by the
lessee, and 1 by the arbitrators appointed by the school board and the
lessee. The 3 arbitrators, or a majority of them, shall fix and determine
the revaluation and the new rent and their decision or a decision of a
majority of them shall be final.
When, in the opinion of the school board,
a school site, building, or site with building thereon, or any other real
estate of the district, has become unnecessary or unsuitable or
inconvenient for a school, or unnecessary for the uses of the district and
the school board decides to sell the same,
unless the property is to be sold to a tenant that has leased the
property for 10 or more years and that tenant is a non-profit agency, the
school board shall give notice of the sale
stating the time and place the sale is to be held, the terms of the sale
and a description of the property to be sold. The notice shall be published
in a newspaper of general circulation published in the district, or if
none, in the county in which the district is situated, such notice to be
published once each week for 3 successive weeks, and the first publication
to be at least 30 days prior to the day the sale is to be held. Unless the
school board holds legal title to the property, the school
board shall notify the trustees of schools of the terms upon which the school
board
desires the property to be conveyed. The school board or trustees of
schools holding legal title to the property shall convey the property in
accordance with the terms fixed by the school board.
The deed of
conveyance shall be executed
by the president and secretary or clerk of the school board or trustees of
the school holding legal title to the property and the proceeds if any shall be
paid
to the school treasurer for the benefit of the district.
In the case of a sale of property to a tenant that has leased the
property for 10 or more years and that is a non-profit agency, an
appraisal is required prior to the sale. If the non-profit agency purchases
the property for less than the appraised value and subsequently sells the
property, the agency may retain only a percentage of the profits that is
proportional to the percentage of the appraisal,
plus any improvements made by the agency while the agency was the
owner,
that the agency paid in the
initial sale.
The remaining portion of the profits made by the non-profit agency
shall revert to the school district.
(Source: P.A. 92-365, eff. 8-15-01.)
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105 ILCS 5/32-4.1
(105 ILCS 5/32-4.1) (from Ch. 122, par. 32-4.1)
Sec. 32-4.1.
Annual tax levy - Township treasurer custodian.
The board of school inspectors of districts described in Section 32-2.11
may levy a tax, annually, upon all of the taxable property of the
district, in the manner provided by Sections 17-2 through 17-9, and in
accordance with the powers conferred by Section 32-4. All moneys raised by
taxation for school purposes, or received from the common school fund or
any other source, or held or collected for school purposes, shall be paid
to and held by the school treasurer as a special fund for school purposes,
subject to the order of the board of school inspectors upon warrants signed
by the president and secretary thereof or a majority of the board.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-4.2
(105 ILCS 5/32-4.2) (from Ch. 122, par. 32-4.2)
Sec. 32-4.2.
Leasehold revenue bonds.
The board of inspectors of districts described in Section 32-2.11 in
addition to all other powers conferred upon it by special law and the
applicable provisions of this Act, may borrow money for the purpose of
building schoolhouses, or repairing, altering or building additions to any
schoolhouses already erected, or purchasing schoolhouse sites, or
purchasing land outside the school district pursuant to the provisions of
Section 22-16 and as evidence of the indebtedness may issue revenue bonds
in denominations of not less than $100 nor more than $1,000 payable solely
from rentals or other revenue to be derived from any lease of school
property made by said board of inspectors in accordance with the power
conferred by Section 32-4. Said bonds shall be negotiable instruments and
shall bear interest at a rate not exceeding the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, payable
semi-annually, and shall mature at or prior to the expiration of the term
of said lease, provided that in any event all such bonds shall mature
within 40 years from the date of said bonds. Said bonds shall not
constitute a general obligation of the school district and may be issued in
addition to all other bonds which the school district is now or hereafter
may be authorized to issue. Said bonds shall not constitute an indebtedness
of the school district within the meaning of any constitutional or
statutory limitation.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4 .)
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105 ILCS 5/32-4.3
(105 ILCS 5/32-4.3) (from Ch. 122, par. 32-4.3)
Sec. 32-4.3.
Resolution.
Said bonds shall be sold in such manner and upon such terms not
inconsistent with the provisions hereof as the board of inspectors shall
determine by resolution authorizing the issuance of said bonds. The
resolution may contain such covenants and restrictions upon the issuance of
additional revenue bonds thereafter as may be deemed necessary or advisable
for the assurance of the payment of all revenue bonds previously issued and
secured by the rentals and other revenue from any lease upon the same
school property. The resolution shall pledge the rentals and other revenue
from said school property for the purpose of paying the cost of operation
and maintenance of said school property, providing an adequate depreciation
fund, and paying the principal of and interest on bonds issued pursuant
thereto and shall provide for the deposit of all rentals and other revenue,
as received, in a special fund to be used only for the purpose of paying
the cost of operating and maintaining said school property, providing an
adequate depreciation fund, and paying the principal of and interest on
said bonds.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/32-4.4
(105 ILCS 5/32-4.4) (from Ch. 122, par. 32-4.4)
Sec. 32-4.4.
Publication - Referendum on petition.
Within 10 days after
this resolution has been adopted by the board of inspectors it shall be
published at least once in 1 or more newspapers published in the school
district, or if no newspaper is published in such school district, then in
1 or more newspapers with a general circulation therein. The publication of
the resolution shall include a notice of (1) the specific number of voters
required to sign a petition requesting that the question of the adoption of
the resolution be submitted to the electors of the school district; (2) the
time in which such petition must be filed; and (3) the date of the
prospective referendum. The secretary of the Board of inspectors shall
provide a petition form to any individual requesting one. If no petition is
filed with the secretary of the board of inspectors as hereinafter provided
in this Section within 30 days after the publication of the resolution, or
if any and all petition filed are invalid, the resolution shall be in
effect immediately upon the expiration of that 30 day period. But if within
that 30 day period a petition is filed with the secretary, signed by voters
residing within the school district equal to 10% or more of the number of
registered voters in the district, asking that the question of issuing
revenue bonds as provided in said resolution be submitted to the voters of
the school district, the board of inspectors of the school district shall
certify the proposition of issuing revenue bonds as described in said
resolution to the proper election authorities for submission to the
electors in accordance with the general election law. If a majority of the
voters voting upon the question voted in favor of the issuance of said
revenue bonds, then the resolution shall be in effect, but if a majority of
the voters voting upon the question are not in favor thereof, the
resolution shall not take effect.
(Source: P.A. 87-767.)
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105 ILCS 5/32-4.5
(105 ILCS 5/32-4.5) (from Ch. 122, par. 32-4.5)
Sec. 32-4.5.
Signing, attestation, numbering and registration.
All bonds issued pursuant to the authority of sections 32-4.2 to 32-4.5,
inclusive, shall be signed, attested, countersigned, numbered, and
registered and disposition thereof made pursuant to the provisions of
section 32-5.9.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-4.6
(105 ILCS 5/32-4.6) (from Ch. 122, par. 32-4.6)
Sec. 32-4.6. Title, care and custody of property; supervision and control. The title, care and custody of all schoolhouses and school sites
belonging to districts that are described in Section 32-2.11 and that are
not districts whose school boards under subsection (a) of Section 10-22.35B of this Code are to
hold legal title to school buildings and school sites of the district shall
be vested in the
trustees of schools of the townships in which the districts are situated, but the supervision
and control of such schoolhouses and sites shall be vested in the board of
inspectors of the districts.
In all other cases, the legal title, care, custody and control of school
houses and school sites belonging to districts that are described in Section
32-2.11, together with the supervision and control of those school houses and
sites, shall be vested in the board of inspectors of the districts.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/32-4.7
(105 ILCS 5/32-4.7) (from Ch. 122, par. 32-4.7)
Sec. 32-4.7.
Change of boundaries.
The trustees of schools of townships in which districts described in
Section 32-2.11 are situated may change the boundaries of such school
districts when petitioned as provided by this Act.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-4.8
(105 ILCS 5/32-4.8) (from Ch. 122, par. 32-4.8)
Sec. 32-4.8.
Powers of boards - Bond of treasurer.
The board of education of a school district described in Section 32-2.5
shall have all the powers of trustees of schools in school townships and
all the powers of boards of directors, and boards of education elected by
virtue of this Act, and shall also have power to elect and appoint a
secretary for such board, who shall attend all its meetings and keep an
accurate record of all proceedings of the board and shall also have power
to appoint a treasurer for the district whose term of office, duties and
obligations shall be the same as a treasurer appointed by the trustees of
schools, except that the treasurer appointed under this section shall not
be obliged to keep a record of the proceedings of the board. The treasurer
shall, before entering upon his duties, execute a bond in such amount and
with such sureties to be approved by the board of education, and containing
such provisions, as provided in Section 8-2 for the bonds of treasurers
appointed by trustees of schools; provided, however, the board of education
of a school district described in Section 32-2.5 shall not be required to
submit to the voters the propositions of selecting school sites, purchasing
school sites and building school buildings, as provided by any other
section of this Act, but shall have power in its discretion to select and
purchase school sites and build, repair, alter and build additions to any
school buildings which is deemed necessary and in the interests of the
district, and the power to issue bonds and the procedure to be followed in
the issuance of bonds shall be governed by the provisions of Sections 32-5.6 to
32-5.9 inclusive.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-4.9
(105 ILCS 5/32-4.9) (from Ch. 122, par. 32-4.9)
Sec. 32-4.9.
Powers and duties of board members.
All rights, powers and duties heretofore exercised by and devolved upon
the members of the city council, as ex-officio member of the board of
education, or school directors, shall devolve upon and be exercised by the
members of the board of education and school directors appointed under the
provisions of this Article.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/32-4.10
(105 ILCS 5/32-4.10) (from Ch. 122, par. 32-4.10)
Sec. 32-4.10.
Amount to be raised-Tax levy.
In all school districts to which Sections 32-3 to 32-4.11, inclusive,
apply the school boards shall annually, before August 1, certify to the
city council under the signatures of the president
and secretary of
the board, the amount of money required to be raised by taxation for school
purposes in the district for the ensuing year, and the city council shall
thereupon cause the amount to be levied and collected in the manner now
provided by law for the levy and collection of taxes for school purposes in
the district, but the amount to be so levied and collected shall not exceed
the amount now allowed to be collected for school purposes by this Act.
When such taxes have been collected and paid over to the treasurer of the
city or school district, as may be provided by the terms of the Act under
which the district has been organized, such funds shall be paid out only on
the order of the board of education or school directors, signed by the
president and secretary.
(Source: P.A. 84-550.)
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105 ILCS 5/32-4.10a
(105 ILCS 5/32-4.10a)
Sec. 32-4.10a. (Repealed).
(Source: P.A. 77-4. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/32-4.11
(105 ILCS 5/32-4.11) (from Ch. 122, par. 32-4.11)
Sec. 32-4.11.
Tax
anticipation warrants.
Whenever there is no money in the hands of the treasurer of any school
district to which Sections 32-2 to 32-4.11, inclusive,
shall apply, to defray the necessary expenses of such district, including
amounts necessary to pay maturing principal and interest of bonds, it is lawful
for the school board of
the district to draw and issue warrants against and
in
anticipation of any taxes already levied for the payment of the necessary
expenses of the district, either for transportation, educational or for
all operations, building and maintenance purposes, or for payments to
the Illinois Municipal Retirement Fund, or for the payment of maturing principal
and interest of bonds, as the case may be, to the extent
of 85% of the total amount
of any such taxes levied. The warrants shall show upon their face that they
are payable solely from said taxes when collected, and shall be received by
any collector of taxes in payment of the taxes against which they are
issued. The taxes against which the warrants are drawn shall be set apart
and held for their payment. Every warrant shall bear interest, payable only
out of the taxes against which it shall be drawn, at a rate not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, if issued before
January 1, 1972 and not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, if issued after January 1, 1972, from
the date of its issuance until
paid, or until notice is given by publication in a newspaper or otherwise
that the money for its payment is available and that it will be paid upon
presentation.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4 .)
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105 ILCS 5/32-4.12
(105 ILCS 5/32-4.12) (from Ch. 122, par. 32-4.12)
Sec. 32-4.12.
Sale of real estate-Use of proceeds.
The board of education of any special charter district may sell and
dispose of any real estate conveyed to it by any city for school purposes
and use the proceeds derived from the sale thereof for school building
purposes or for the purchase of other real estate for such purposes.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/32-4.13
(105 ILCS 5/32-4.13) (from Ch. 122, par. 32-4.13)
Sec. 32-4.13.
Eminent domain.
Whenever any school district existing by virtue of any special charter
and governed by any or all such special charter or special school laws of
this State, and having a population of fewer than 500,000 inhabitants,
requires any lot or parcel of land situated within the district for a site
for a school building or for an addition to any school building already
erected and used for school purposes, or requires any lot or parcel of land
situated within such school district for the purpose of a playground for
school children, and the compensation for such lot or parcel of land cannot
be agreed upon between the owner or owners of such lot or parcel of land
and the corporate authority managing and controlling the public schools of
such district it is lawful for the corporate authority of the district to
acquire such lot or parcel of land and have the compensation to be paid
therefor determined in the manner provided by law for the exercise of the
right of eminent domain.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/32-4.14
(105 ILCS 5/32-4.14) (from Ch. 122, par. 32-4.14)
Sec. 32-4.14.
Issuance of orders.
The corporate authorities of any special charter district having a
population of less than 500,000 may issue and deliver at least once each
month to the teachers and employees of the district orders on the treasurer
of the district in payment of their salaries. Such orders shall state the
rate of compensation and time for which the teacher or employee is paid and
an order so issued, properly endorsed and paid in full shall be sufficient
receipt for the purpose of this and the succeeding section. The corporate
authorities shall issue no order except an order for the payment of wages
of teachers and employees unless at the time of its issuance there are
sufficient funds in the hands of the treasurer to pay it.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/32-4.15
(105 ILCS 5/32-4.15) (from Ch. 122, par. 32-4.15)
Sec. 32-4.15.
Form of orders.
Every order issued by the corporate authorities of a district as
described in Section 32-4.14 shall state for what purpose and on what
account it is issued, and shall be in the following form:
STATE OF ILLINOIS
$....... No. ....
To the Treasurer of .... School District, .... County, Illinois.
Pay to the order of .... the sum of .... Dollars ($....)
for .....
By order of the Board of Education (or Board of School Inspectors) of
.... School District, .... County, Illinois.
....(President)
....(Clerk)
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-4.16
(105 ILCS 5/32-4.16) (from Ch. 122, par. 32-4.16)
Sec. 32-4.16.
Cities, villages and towns-Levy made by board of education.
Where a school district was organized as a special charter district of a
city, village, or town, and where such district has an elective board of
education of either 5 or 7 members, and of which board the mayor of the
city, village or town is not ex officio a member, it is not necessary for
such board of education to present an annual financial report to the city,
village or town council, or board of trustees, nor a statement as to the
amount of money necessary to be raised by taxation for school purposes for
the ensuing school year and the council or board of trustees, as the case
may be, shall not make the levy for school purposes but the board of
education shall make the levy for school purposes for such district.
The certificate of such levy shall be made at the time and, as near as
may be, in the form and manner provided in Section 17-11.
(Source: P.A. 77-490 .)
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