State of Illinois
90th General Assembly
Legislation

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90_SB1312

      105 ILCS 5/9-12.1         from Ch. 122, par. 9-12.1
      105 ILCS 5/10-5           from Ch. 122, par. 10-5
      105 ILCS 5/10-16          from Ch. 122, par. 10-16
      105 ILCS 5/10-22.32       from Ch. 122, par. 10-22.32
          Amends the School Code.  Specifies that when members of a
      board of school directors or board of education  are  elected
      at  the consolidated elections held in April, 1999 and April,
      2001, the board is to organize, elect its officers, and enter
      upon the discharge of its duties at an organizational meeting
      held within 7 days after the first Tuesday  after  the  first
      Monday  of  November  in each of those 2 years.  Provides for
      adjustment of the ballot form  used  at  those  elections  to
      reflect  a  full  term  of  less than 4 years. Authorizes the
      expenditure of school  district  funds  to  provide  training
      through  school  board  associations  to  persons  elected to
      school board membership at the  1999  and  2001  consolidated
      elections  after  they  are  elected  and  before their terms
      commence. Makes other related changes. Effective immediately.
                                                     LRB9009282THpk
                                               LRB9009282THpk
 1        AN ACT to amend the  School  Code  by  changing  Sections
 2    9-12.1, 10-5, 10-16, and 10-22.32.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.   The  School  Code  is  amended  by  changing
 6    Sections 9-12.1, 10-5, 10-16, and 10-22.32 as follows:
 7        (105 ILCS 5/9-12.1) (from Ch. 122, par. 9-12.1)
 8        Sec.  9-12.1.   (a)  On  the  reverse side of each ballot
 9    contained in Section 9-12, except the ballot under Format  6,
10    shall be printed the following:
11                           OFFICIAL BALLOT
12                       ..... County, Illinois
13          School District No. ...., ...... County, Illinois
14                    Election Tuesday, ...., 19...
15           (facsimile signature of the election authority)
16        (b)  If 6-year terms have been adopted under Section 9-5,
17    or  if a ballot is to be used to elect a member or members of
18    a board of school directors or  board  of  education  at  the
19    consolidated  election held in April of 1999 or April of 2001
20    to a full term that is less than a 4-year  term,  appropriate
21    adjustments should be made to each ballot in Section 9-12. In
22    the  case  of  any  unexpired  term  each  ballot format must
23    indicate whether it is a 4-year or a 2-year unexpired term.
24    (Source: P.A. 84-1338.)
25        (105 ILCS 5/10-5) (from Ch. 122, par. 10-5)
26        Sec. 10-5. Organization of board -  Report  to  treasurer
27    and  regional  superintendent of schools. Within 7 days after
28    the regular election of directors, the directors  shall  meet
29    and  organize by appointing one of their number president and
30    another as clerk, except that when directors are  elected  at
                            -2-                LRB9009282THpk
 1    the  consolidated  elections  in  April  of 1999 and April of
 2    2001, the directors shall meet and organize,  in  the  manner
 3    provided  by  this  Section,  within  7  days after the first
 4    Tuesday after the first Monday of November in each of those 2
 5    years. The clerk shall at once report to  the  treasurer  and
 6    regional superintendent of schools the names of the president
 7    and  clerk  so appointed.  Upon organizing itself as provided
 8    in this Section, the board of school  directors  shall  enter
 9    upon  the  discharge  of  its  duties.  Terms  of members are
10    subject to Section 2A-54 of the Election Code.
11    (Source: P.A. 90-358, eff. 1-1-98.)
12        (105 ILCS 5/10-16) (from Ch. 122, par. 10-16)
13        Sec. 10-16. Organization of Board. Within  7  days  after
14    the  consolidated    election,  other  than  the consolidated
15    elections in 1999 and  2001,  the  board  shall  organize  by
16    electing  its  officers  and  fixing a time and place for the
17    regular meetings. However,  when  school  board  members  are
18    elected  at  the consolidated elections held in April of 1999
19    and April of 2001, the board shall  organize  within  7  days
20    after the first Tuesday after the first Monday of November in
21    each  such year by electing officers and setting the time and
22    place of the regular meetings.   Upon  organizing  itself  as
23    provided  in  this  paragraph,  the board It shall then enter
24    upon the discharge of its duties.
25        The regional superintendent of schools having supervision
26    and control, over the district as provided in Section 3-14.2,
27    of a new school district that is governed by the School  Code
28    and  formed on or after the effective date of this amendatory
29    Act of 1998 this Act shall convene the  newly  elected  board
30    within 7 days after the election of the board of education of
31    that  any  new  district  governed by this Act, whereupon the
32    board shall proceed to organize by electing one  1  of  their
33    number  as president and electing a secretary, who may or may
                            -3-                LRB9009282THpk
 1    not be a member.  At such meeting the length of term of  each
 2    of  the  members  shall  be determined by lot so that 4 shall
 3    serve for 4 years, and 3 for 2 years from the commencement of
 4    their terms; provided, however,  if  such  members  were  not
 5    elected  at  the  consolidated  nonpartisan  election  in  an
 6    odd-numbered  year,  such  initial terms shall be extended to
 7    the  consolidated  nonpartisan  election  for  school   board
 8    members immediately following the expiration of the initial 4
 9    or 2 year terms. The provisions of this paragraph that relate
10    to  the  determination of terms by lot shall not apply to the
11    initial members of the  board  of  education  of  a  combined
12    school district who are to be elected to unstaggered terms as
13    provided in subsection (a-5) of Section 11B-7.
14        The  terms  of the officers of a board of education shall
15    be for 2 years, except that the terms of the officers elected
16    at the organization meeting in November, 2001 shall expire at
17    the organization meeting in April, 2003;  provided  that  the
18    board  by  resolution may establish a policy for the terms of
19    office to be one  year,  and  provide  for  the  election  of
20    officers.
21        Special  meetings of the board of education may be called
22    by the president or by any 3 members of the board  by  giving
23    notice  thereof  in  writing,  stating  the  time,  place and
24    purpose of the meeting. Such notice may be served by mail  48
25    hours  before  such  meeting  or by personal service 24 hours
26    before such meeting. Public notice of meetings must  also  be
27    given  as  prescribed  in  Sections 2.02 and 2.03 of the Open
28    Meetings Act, as now or hereafter amended.
29        At each regular and special meeting which is open to  the
30    public,  members  of the public and employees of the district
31    shall be afforded time, subject to reasonable constraints, to
32    comment to or ask questions of the board.
33        The president or district superintendent shall,  at  each
34    regular  board  meeting,  report  any  requests  made  of the
                            -4-                LRB9009282THpk
 1    district under provisions of The Freedom of  Information  Act
 2    and shall report the status of the district's response.
 3    (Source: P.A. 90-459, eff. 8-17-97.)
 4        (105 ILCS 5/10-22.32) (from Ch. 122, par. 10-22.32)
 5        Sec.  10-22.32.   To  authorize the advancement to school
 6    board members the anticipated actual and  necessary  expenses
 7    incurred in attending the following meetings:
 8        1.  Meetings sponsored by the State Board of Education or
 9    by the regional superintendents of schools,
10        2.   County  or  regional meetings and the annual meeting
11    sponsored by any school board association complying with  the
12    provisions of Article 23 of this Act, and
13        3.   Meetings sponsored by a national organization in the
14    field of public school education.
15        The school  board  may  advance  to  teachers  and  other
16    certified  employees  the   anticipated  actual and necessary
17    expenses incurred in attending meetings which are related  to
18    that   employee's   duties   and   will   contribute  to  the
19    professional development of that employee.
20        Such advanced actual and  necessary  expenses  are  those
21    reasonably  anticipated to be incurred on  the days necessary
22    for travel to and from and for attendance at such meetings.
23        After a meeting for which money was advanced to a  school
24    board  member  or  teacher  or  other  certified employee for
25    actual and necessary expenses, such member or employee  shall
26    submit  an  itemized  verified  expense  voucher  showing the
27    amount of his actual expenses.  Receipts  shall  be  attached
28    where  possible.  If the actual and necessary expenses exceed
29    the  amount  advanced,  the  member  or  employee  shall   be
30    reimbursed  for  the  amount  not advanced. If the actual and
31    necessary expenses are less than  the  amount  advanced,  the
32    member or employee shall refund the excess amount.
33        For  purposes  of  this Section only, a person elected at
                            -5-                LRB9009282THpk
 1    the consolidated election held in April of 1999 or  April  of
 2    2001  to serve as a school board member for a term commencing
 3    upon the termination of his  or  her  predecessor's  term  of
 4    office  shall  be deemed to be a school board member for whom
 5    moneys of the school district may be  advanced  and  expended
 6    under  this  Section in order to provide, or to arrange for a
 7    school board association that complies  with  Article  23  to
 8    provide, to that person, after he or she has been elected and
 9    before  his  or  her  term of office as a school board member
10    commences,  training  in  matters  relating  to  the  powers,
11    duties, and responsibilities of school board membership.
12        Notwithstanding any  other  provisions  of  this  Section
13    10-22.32,  no money for expenses shall be  advanced nor shall
14    any member  or  employee  be  reimbursed,  for  any  expenses
15    incurred  on  behalf of any person other than such member, or
16    employee, or person deemed to be a school  board  member  for
17    purposes of this Section.
18    (Source: P.A. 85-389.)
19        Section  99.  Effective date.  This Act takes effect upon
20    becoming law.

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