101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2802

 

Introduced , by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-10  from Ch. 122, par. 10-10

    Amends the School Code. With regard to boards of education in school districts having a population of not fewer than 1,000 and not more than 500,000 inhabitants, provides that if, whenever a vacancy occurs, members of the board fail to fill the vacancy within 60 (rather than 45) days after the vacancy occurs, the regional superintendent of schools shall fill the vacancy.


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A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
510-10 as follows:
 
6    (105 ILCS 5/10-10)  (from Ch. 122, par. 10-10)
7    Sec. 10-10. Board of education; term; vacancy. All school
8districts having a population of not fewer than 1,000 and not
9more than 500,000 inhabitants, as ascertained by any special or
10general census, and not governed by special Acts, shall be
11governed by a board of education consisting of 7 members,
12serving without compensation except as herein provided. Each
13member shall be elected for a term of 4 years for the initial
14members of the board of education of a combined school district
15to which that subsection applies. If 5 members are elected in
161983 pursuant to the extension of terms provided by law for
17transition to the consolidated election schedule under the
18general election law, 2 of those members shall be elected to
19serve terms of 2 years and 3 shall be elected to serve terms of
204 years; their successors shall serve for a 4 year term. When
21the voters of a district have voted to elect members of the
22board of education for 6 year terms, as provided in Section
239-5, the terms of office of members of the board of education

 

 

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1of that district expire when their successors assume office but
2not later than 7 days after such election. If at the regular
3school election held in the first odd-numbered year after the
4determination to elect members for 6 year terms 2 members are
5elected, they shall serve for a 6 year term; and of the members
6elected at the next regular school election 3 shall serve for a
7term of 6 years and 2 shall serve a term of 2 years. Thereafter
8members elected in such districts shall be elected to a 6 year
9term. If at the regular school election held in the first
10odd-numbered year after the determination to elect members for
116 year terms 3 members are elected, they shall serve for a 6
12year term; and of the members elected at the next regular
13school election 2 shall serve for a term of 2 years and 2 shall
14serve for a term of 6 years. Thereafter members elected in such
15districts shall be elected to a 6 year term. If at the regular
16school election held in the first odd-numbered year after the
17determination to elect members for 6 year terms 4 members are
18elected, 3 shall serve for a term of 6 years and one shall
19serve for a term of 2 years; and of the members elected at the
20next regular school election 2 shall serve for terms of 6 years
21and 2 shall serve for terms of 2 years. Thereafter members
22elected in such districts shall be elected to a 6 year term. If
23at the regular school election held in the first odd-numbered
24year after the determination to elect members for a 6 year term
255 members are elected, 3 shall serve for a term of 6 years and 2
26shall serve for a term of 2 years; and of the members elected

 

 

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1at the next regular school election 2 shall serve for terms of
26 years and 2 shall serve for terms of 2 years. Thereafter
3members elected in such districts shall be elected to a 6 year
4term. An election for board members shall not be held in school
5districts which by consolidation, annexation or otherwise
6shall cease to exist as a school district within 6 months after
7the election date, and the term of all board members which
8would otherwise terminate shall be continued until such
9district shall cease to exist. Each member, on the date of his
10or her election, shall be a citizen of the United States of the
11age of 18 years or over, shall be a resident of the State and
12the territory of the district for at least one year immediately
13preceding his or her election, shall be a registered voter as
14provided in the general election law, shall not be a school
15trustee, must not have been removed from a school board
16pursuant to Section 2-3.25f-5 of this Code (unless subsequently
17appointed as a member of an Independent Authority or if it has
18been 10 years since the abolition of the Independent Authority
19in the district), and shall not be a child sex offender as
20defined in Section 11-9.3 of the Criminal Code of 2012. When
21the board of education is the successor of the school
22directors, all rights of property, and all rights regarding
23causes of action existing or vested in such directors, shall
24vest in it as fully as they were vested in the school
25directors. Terms of members are subject to Section 2A-54 of the
26Election Code.

 

 

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1    Nomination papers filed under this Section are not valid
2unless the candidate named therein files with the county clerk
3or the county board of election commissioners, as the case may
4be, of the county in which the principal office of the school
5district is located a receipt from the county clerk showing
6that the candidate has filed a statement of economic interests
7as required by the Illinois Governmental Ethics Act. Such
8receipt shall be so filed either previously during the calendar
9year in which his nomination papers were filed or within the
10period for the filing of nomination papers in accordance with
11the general election law.
12    Whenever a vacancy occurs, the remaining members shall
13notify the regional superintendent of that vacancy within 5
14days after its occurrence and shall proceed to fill the vacancy
15until the next regular school election, at which election a
16successor shall be elected to serve the remainder of the
17unexpired term. However, if the vacancy occurs with less than
18868 days remaining in the term, or if the vacancy occurs less
19than 88 days before the next regularly scheduled election for
20this office then the person so appointed shall serve the
21remainder of the unexpired term, and no election to fill the
22vacancy shall be held. Should they fail so to act, within 60 45
23days after the vacancy occurs, the regional superintendent of
24schools under whose supervision and control the district is
25operating, as defined in Section 3-14.2 of this Act, shall
26within 30 days after the remaining members have failed to fill

 

 

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1the vacancy, fill the vacancy as provided for herein. Upon the
2regional superintendent's failure to fill the vacancy, the
3vacancy shall be filled at the next regularly scheduled
4election. Whether elected or appointed by the remaining members
5or regional superintendent, the successor shall be an
6inhabitant of the particular area from which his or her
7predecessor was elected if the residential requirements
8contained in Section 10-10.5 or 12-2 of this Code apply.
9    A board of education may appoint a student to the board to
10serve in an advisory capacity. The student member shall serve
11for a term as determined by the board. The board may not grant
12the student member any voting privileges, but shall consider
13the student member as an advisor. The student member may not
14participate in or attend any executive session of the board.
15(Source: P.A. 97-1150, eff. 1-25-13; 98-115, eff. 7-29-13;
1698-1155, eff. 1-9-15.)