Illinois General Assembly - Full Text of Public Act 094-0231
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Public Act 094-0231


 

Public Act 0231 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0231
 
SB1638 Enrolled LRB094 10933 NHT 41507 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Sections
10-1, 10-10, 33-1, and 34-3 and by adding Section 32-3.5 as
follows:
 
    (105 ILCS 5/10-1)  (from Ch. 122, par. 10-1)
    Sec. 10-1. Board of school directors.
    (a) School districts having a population of fewer than 1000
inhabitants and not governed by any special act shall be
governed by a board of school directors to consist of 3 members
who shall be elected in the manner provided in Article 9 of
this Act. In consolidated districts and in districts in which
the membership of the board of school directors is increased as
provided in subsection (b), 7 members shall be so elected.
    (b) Upon presentment to the board of school directors of a
school district having a population of fewer than 1,000
inhabitants of a petition signed by the lesser of 5% or 25 of
the registered voters of the district to increase the
membership of the district's board of school directors to 7
directors and to elect a new 7-member board of school directors
to replace the district's existing board of 3 school directors,
the clerk or secretary of the board of school directors shall
certify the proposition to the proper election authorities for
submission to the electors of the district at a regular
scheduled election in accordance with the general election law.
If the proposition is approved by a majority of those voting on
the proposition, the members of the board of school directors
of that district thereafter shall be elected in the manner
provided by subsection (c) of Section 10-4.
    (c) A board of school directors 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. 90-757, eff. 8-14-98.)
 
    (105 ILCS 5/10-10)  (from Ch. 122, par. 10-10)
    Sec. 10-10. Board of education; Term; Vacancy. All school
districts having a population of not fewer than 1,000 and not
more than 500,000 inhabitants, as ascertained by any special or
general census, and not governed by special Acts, shall be
governed by a board of education consisting of 7 members,
serving without compensation except as herein provided. Each
member shall be elected for a term of 4 years except as
otherwise provided in subsection (a-5) of Section 11B-7 for the
initial members of the board of education of a combined school
district to which that subsection applies. If 5 members are
elected in 1983 pursuant to the extension of terms provided by
law for transition to the consolidated election schedule under
the general election law, 2 of those members shall be elected
to serve terms of 2 years and 3 shall be elected to serve terms
of 4 years; their successors shall serve for a 4 year term.
When the voters of a district have voted to elect members of
the board of education for 6 year terms, as provided in Section
9-5, the terms of office of members of the board of education
of that district expire when their successors assume office but
not later than 7 days after such election. If at the regular
school election held in the first odd-numbered year after the
determination to elect members for 6 year terms 2 members are
elected, they shall serve for a 6 year term; and of the members
elected at the next regular school election 3 shall serve for a
term of 6 years and 2 shall serve a term of 2 years. Thereafter
members elected in such districts shall be elected to a 6 year
term. If at the regular school election held in the first
odd-numbered year after the determination to elect members for
6 year terms 3 members are elected, they shall serve for a 6
year term; and of the members elected at the next regular
school election 2 shall serve for a term of 2 years and 2 shall
serve for a term of 6 years. Thereafter members elected in such
districts shall be elected to a 6 year term. If at the regular
school election held in the first odd-numbered year after the
determination to elect members for 6 year terms 4 members are
elected, 3 shall serve for a term of 6 years and one shall
serve for a term of 2 years; and of the members elected at the
next regular school election 2 shall serve for terms of 6 years
and 2 shall serve for terms of 2 years. Thereafter members
elected in such districts shall be elected to a 6 year term. If
at the regular school election held in the first odd-numbered
year after the determination to elect members for a 6 year term
5 members are elected, 3 shall serve for a term of 6 years and 2
shall serve for a term of 2 years; and of the members elected
at the next regular school election 2 shall serve for terms of
6 years and 2 shall serve for terms of 2 years. Thereafter
members elected in such districts shall be elected to a 6 year
term. An election for board members shall not be held in school
districts which by consolidation, annexation or otherwise
shall cease to exist as a school district within 6 months after
the election date, and the term of all board members which
would otherwise terminate shall be continued until such
district shall cease to exist. Each member, on the date of his
or her election, shall be a citizen of the United States of the
age of 18 years or over, shall be a resident of the State and
the territory of the district for at least one year immediately
preceding his or her election, shall be a registered voter as
provided in the general election law, shall not be a school
trustee or a school treasurer, and shall not be a child sex
offender as defined in Section 11-9.3 of the Criminal Code of
1961. When the board of education is the successor of the
school directors, all rights of property, and all rights
regarding causes of action existing or vested in such
directors, shall vest in it as fully as they were vested in the
school directors. Terms of members are subject to Section 2A-54
of the Election Code.
    Nomination papers filed under this Section are not valid
unless the candidate named therein files with the secretary of
the board of education or with a person designated by the board
to receive nominating petitions a receipt from the county clerk
showing that the candidate has filed a statement of economic
interests as required by the Illinois Governmental Ethics Act.
Such receipt shall be so filed either previously during the
calendar year in which his nomination papers were filed or
within the period for the filing of nomination papers in
accordance with the general election law.
    Whenever a vacancy occurs, the remaining members shall
notify the regional superintendent of that vacancy within 5
days after its occurrence and shall proceed to fill the vacancy
until the next regular school election, at which election a
successor shall be elected to serve the remainder of the
unexpired term. However, if the vacancy occurs with less than
868 days remaining in the term, or if the vacancy occurs less
than 88 days before the next regularly scheduled election for
this office then the person so appointed shall serve the
remainder of the unexpired term, and no election to fill the
vacancy shall be held. Should they fail so to act, within 45
days after the vacancy occurs, the regional superintendent of
schools under whose supervision and control the district is
operating, as defined in Section 3-14.2 of this Act, shall
within 30 days after the remaining members have failed to fill
the vacancy, fill the vacancy as provided for herein. Upon the
regional superintendent's failure to fill the vacancy, the
vacancy shall be filled at the next regularly scheduled
election. Whether elected or appointed by the remaining members
or regional superintendent, the successor shall be an
inhabitant of the particular area from which his or her
predecessor was elected if the residential requirements
contained in Section 11A-8, 11B-7, or 12-2 of this Act apply.
    A board of education 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. 93-309, eff. 1-1-04.)
 
    (105 ILCS 5/32-3.5 new)
    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.
 
    (105 ILCS 5/33-1)  (from Ch. 122, par. 33-1)
    Sec. 33-1. Board of Education - Election - Terms. In all
school districts, including special charter districts having a
population of 100,000 and not more than 500,000, which adopt
this Article, as hereinafter provided, there shall be
maintained a system of free schools in charge of a board of
education, which shall be a body politic and corporate by the
name of "Board of Education of the City of....". The board
shall consist of 7 members elected by the voters of the
district. Except as provided in Section 33-1b of this Act, the
regular election for members of the board shall be held on the
first Tuesday of April in odd numbered years and on the third
Tuesday of March in even numbered years. The law governing the
registration of voters for the primary election shall apply to
the regular election. At the first regular election 7 persons
shall be elected as members of the board. The person who
receives the greatest number of votes shall be elected for a
term of 5 years. The 2 persons who receive the second and third
greatest number of votes shall be elected for a term of 4
years. The person who receives the fourth greatest number of
votes shall be elected for a term of 3 years. The 2 persons who
receive the fifth and sixth greatest number of votes shall be
elected for a term of 2 years. The person who receives the
seventh greatest number of votes shall be elected for a term of
1 year. Thereafter, at each regular election for members of the
board, the successors of the members whose terms expire in the
year of election shall be elected for a term of 5 years. All
terms shall commence on July 1 next succeeding the elections.
Any vacancy occurring in the membership of the board shall be
filled by appointment until the next regular election for
members of the board.
    In any school district which has adopted this Article, a
proposition for the election of board members by school board
district rather than at large may be submitted to the voters of
the district at the regular school election of any year in the
manner provided in Section 9-22. If the proposition is approved
by a majority of those voting on the propositions, the board
shall divide the school district into 7 school board districts
as provided in Section 9-22. At the regular school election in
the year following the adoption of such proposition, one member
shall be elected from each school board district, and the 7
members so elected shall, by lot, determine one to serve for
one year, 2 for 2 years, one for 3 years, 2 for 4 years, and one
for 5 years. Thereafter their respective successors shall be
elected for terms of 5 years. The terms of all incumbent
members expire July 1 of the year following the adoption of
such a proposition.
    Any school district which has adopted this Article may, by
referendum in accordance with Section 33-1a, adopt the method
of electing members of the board of education provided in that
Section.
    Reapportionment of the voting districts provided for in
this Article or created pursuant to a court order, shall be
completed pursuant to Section 33-1c.
    A board of education 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. 82-1014; 86-1331.)
 
    (105 ILCS 5/34-3)  (from Ch. 122, par. 34-3)
    Sec. 34-3. Chicago School Reform Board of Trustees; new
Chicago Board of Education; members; term; vacancies.
    (a) Within 30 days after the effective date of this
amendatory Act of 1995, the terms of all members of the Chicago
Board of Education holding office on that date are abolished
and the Mayor shall appoint, without the consent or approval of
the City Council, a 5 member Chicago School Reform Board of
Trustees which shall take office upon the appointment of the
fifth member. The Chicago School Reform Board of Trustees and
its members shall serve until, and the terms of all members of
the Chicago School Reform Board of Trustees shall expire on,
June 30, 1999 or upon the appointment of a new Chicago Board of
Education as provided in subsection (b), whichever is later.
Any vacancy in the membership of the Trustees shall be filled
through appointment by the Mayor, without the consent or
approval of the City Council, for the unexpired term. One of
the members appointed by the Mayor to the Trustees shall be
designated by the Mayor to serve as President of the Trustees.
The Mayor shall appoint a full-time, compensated chief
executive officer, and his or her compensation as such chief
executive officer shall be determined by the Mayor. The Mayor,
at his or her discretion, may appoint the President to serve
simultaneously as the chief executive officer.
    (b) Within 30 days before the expiration of the terms of
the members of the Chicago Reform Board of Trustees as provided
in subsection (a), a new Chicago Board of Education consisting
of 7 members shall be appointed by the Mayor to take office on
the later of July 1, 1999 or the appointment of the seventh
member. Three of the members initially so appointed under this
subsection shall serve for terms ending June 30, 2002, 4 of the
members initially so appointed under this subsection shall
serve for terms ending June 30, 2003, and each member initially
so appointed shall continue to hold office until his or her
successor is appointed and qualified. Thereafter at the
expiration of the term of any member a successor shall be
appointed by the Mayor and shall hold office for a term of 4
years, from July 1 of the year in which the term commences and
until a successor is appointed and qualified. Any vacancy in
the membership of the Chicago Board of Education shall be
filled through appointment by the Mayor for the unexpired term.
No appointment to membership on the Chicago Board of Education
that is made by the Mayor under this subsection shall require
the approval of the City Council, whether the appointment is
made for a full term or to fill a vacancy for an unexpired term
on the Board. The board shall elect annually from its number a
president and vice-president, in such manner and at such time
as the board determines by its rules. The officers so elected
shall each perform the duties imposed upon their respective
office by the rules of the board, provided that (i) the
president shall preside at meetings of the board and vote as
any other member but have no power of veto, and (ii) the vice
president shall perform the duties of the president if that
office is vacant or the president is absent or unable to act.
The secretary of the Board shall be selected by the Board and
shall be an employee of the Board rather than a member of the
Board, notwithstanding subsection (d) of Section 34-3.3. The
duties of the secretary shall be imposed by the rules of the
Board.
    (c) The board may appoint a student to the board to serve
in an advisory capacity. The student member shall serve for a
term as determined by the board. The board may not grant the
student member any voting privileges, but shall consider the
student member as an advisor. The student member may not
participate in or attend any executive session of the board.
(Source: P.A. 89-15, eff. 5-30-95; 90-811, eff. 1-26-99;
90-815, eff. 2-11-99.)
 
    Section 99. Effective date. This Act takes effect July 1,
2005.

Effective Date: 7/14/2005