97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3389

 

Introduced 2/24/2011, by Rep. Jim Watson

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-10.5

    Amends the School Code. Makes a technical change in a Section concerning community unit school district or combined school district formation.


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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
510-10.5 as follows:
 
6    (105 ILCS 5/10-10.5)
7    Sec. 10-10.5. Community unit school district or combined
8school district formation; school board election.
9    (a) Except as otherwise provided in subsection (b) of this
10Section, for community unit school districts formed before
11January 1, 1975 and for combined school districts formed before
12July 1, 1983, the the following provisions apply:
13        (1) if the territory of the district is greater than 2
14    congressional townships or 72 square miles, then not more
15    than 3 board members may be selected from any one
16    congressional township, except that congressional
17    townships of less than 100 inhabitants shall not be
18    considered for the purpose of this mandatory board
19    representation;
20        (2) if in the community unit school district or
21    combined school district at least 75% but not more than 90%
22    of the population is in one congressional township, then 4
23    board members shall be selected from the congressional

 

 

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1    township and 3 board members shall be selected from the
2    rest of the district, except that if in the community unit
3    school district or combined school district more than 90%
4    of the population is in one congressional township, then
5    all board members may be selected from one or more
6    congressional townships; and
7        (3) if the territory of any community unit school
8    district or combined school district consists of not more
9    than 2 congressional townships or 72 square miles, but
10    consists of more than one congressional township or 36
11    square miles, outside of the corporate limits of any city,
12    village, or incorporated town within the school district,
13    then not more than 5 board members may be selected from any
14    city, village, or incorporated town in the school district.
15    (b)(1) The provisions of subsection (a) of this Section for
16mandatory board representation shall no longer apply to a
17community unit school district formed before January 1, 1975,
18to a combined school district formed before July 1, 1983, or to
19community consolidated school districts, and the members of the
20board of education shall be elected at large from within the
21school district and without restriction by area of residence
22within the district if both of the following conditions are met
23with respect to that district:
24        (A) A proposition for the election of board members at
25    large and without restriction by area of residence within
26    the school district rather than in accordance with the

 

 

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1    provisions of subsection (a) of this Section for mandatory
2    board representation is submitted to the school district's
3    voters at a regular school election or at the general
4    election as provided in this subsection (b).
5        (B) A majority of those voting at the election in each
6    congressional township comprising the territory of the
7    school district, including any congressional township of
8    less than 100 inhabitants, vote in favor of the
9    proposition.
10        (2) The school board may, by resolution, order
11    submitted or, upon the petition of the lesser of 2,500 or
12    5% of the school district's registered voters, shall order
13    submitted to the school district's voters, at a regular
14    school election or at the general election, the proposition
15    for the election of board members at large and without
16    restriction by area of residence within the district rather
17    than in accordance with the provisions of subsection (a) of
18    this Section for mandatory board representation; and the
19    proposition shall thereupon be certified by the board's
20    secretary for submission.
21        (3) If a majority of those voting at the election in
22    each congressional township comprising the territory of
23    the school district, including any congressional township
24    of less than 100 inhabitants, vote in favor of the
25    proposition:
26            (A) the proposition to elect board members at large

 

 

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1        and without restriction by area of residence within the
2        district shall be deemed to have passed,
3            (B) new members of the board shall be elected at
4        large and without restriction by area of residence
5        within the district at the next regular school
6        election, and
7            (C) the terms of office of the board members
8        incumbent at the time the proposition is adopted shall
9        expire when the new board members that are elected at
10        large and without restriction by area of residence
11        within the district have organized in accordance with
12        Section 10-16.
13        (4) In a community unit school district, a combined
14    school district, or a community consolidated school
15    district that formerly elected its members under
16    subsection (a) of this Section to successive terms not
17    exceeding 4 years, the members elected at large and without
18    restriction by area of residence within the district shall
19    be elected for a term of 4 years, and in a community unit
20    school district or combined school district that formerly
21    elected its members under subsection (a) of this Section to
22    successive terms not exceeding 6 years, the members elected
23    at large and without restriction by area of residence
24    within the district shall be elected for a term of 6 years;
25    provided that in each case the terms of the board members
26    initially elected at large and without restriction by area

 

 

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1    of residence within the district as provided in this
2    subsection (b) shall be staggered and determined in
3    accordance with the provisions of Sections 10-10 and 10-16
4    of this Code.
5(Source: P.A. 94-1019, eff. 7-10-06.)