093_HB0338enr

 
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 1        AN ACT relating to schools.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.   The  School  Code  is  amended  by  changing
 5    Sections 10-3, 10-10, 33-2, and 34-4 as follows:

 6        (105 ILCS 5/10-3) (from Ch. 122, par. 10-3)
 7        Sec. 10-3. Eligibility of directors.   Any person who, on
 8    the  date  of his or her election, is a citizen of the United
 9    States, of the age of 18 years or over, is a resident of  the
10    State  and  of the territory of the district for at least one
11    year  immediately  preceding  his  or  her  election,  is   a
12    registered voter as provided in the general election law, and
13    is  not  a school trustee or a school treasurer, and is not a
14    child sex offender  as  defined  in  Section  11-9.3  of  the
15    Criminal  Code  of  1961,  shall be eligible to the office of
16    school director.
17    (Source: P.A. 81-1490.)

18        (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
19        Sec. 10-10.  Board of  education;  Term;  Vacancy.    All
20    school  districts having a population of not fewer than 1,000
21    and not more than 500,000 inhabitants, as ascertained by  any
22    special  or general census, and not governed by special Acts,
23    shall be governed by a board of  education  consisting  of  7
24    members,   serving  without  compensation  except  as  herein
25    provided.  Each member shall be elected for a term of 4 years
26    except as otherwise provided in subsection (a-5)  of  Section
27    11B-7  for the initial members of the board of education of a
28    combined school district to which that subsection applies. If
29    5 members are elected in 1983 pursuant to  the  extension  of
30    terms  provided  by  law  for  transition to the consolidated
 
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 1    election schedule under the general election law, 2 of  those
 2    members  shall  be  elected  to  serve terms of 2 years and 3
 3    shall be elected to serve terms of 4 years; their  successors
 4    shall serve for a 4 year term.  When the voters of a district
 5    have  voted  to elect members of the board of education for 6
 6    year terms, as provided in Section 9-5, the terms  of  office
 7    of  members of the board of education of that district expire
 8    when their successors assume office but not later than 7 days
 9    after such election. If at the regular school  election  held
10    in  the  first  odd-numbered  year after the determination to
11    elect members for 6 year terms 2 members  are  elected,  they
12    shall  serve for a 6 year term; and of the members elected at
13    the next regular school election 3 shall serve for a term  of
14    6  years  and  2  shall  serve a term of 2 years.  Thereafter
15    members elected in such districts shall be  elected  to  a  6
16    year  term.   If  at  the regular school election held in the
17    first odd-numbered year  after  the  determination  to  elect
18    members  for  6  year terms 3 members are elected, they shall
19    serve for a 6 year term; and of the members  elected  at  the
20    next  regular  school  election 2 shall serve for a term of 2
21    years and 2 shall serve for a term of  6  years.   Thereafter
22    members  elected  in  such  districts shall be elected to a 6
23    year term.  If at the regular school  election  held  in  the
24    first  odd-numbered  year  after  the  determination to elect
25    members for 6 year terms 4 members are elected, 3 shall serve
26    for a term of 6 years and one shall serve for  a  term  of  2
27    years;  and of the members elected at the next regular school
28    election 2 shall serve for terms of 6 years and 2 shall serve
29    for terms of 2 years.  Thereafter  members  elected  in  such
30    districts  shall  be  elected  to  a  6 year term.  If at the
31    regular school election held in the first  odd-numbered  year
32    after  the determination to elect members for a 6 year term 5
33    members are elected, 3 shall serve for a term of 6 years  and
34    2  shall  serve  for  a  term  of 2 years; and of the members
 
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 1    elected at the next regular school election 2 shall serve for
 2    terms of 6 years and 2 shall serve  for  terms  of  2  years.
 3    Thereafter members elected in such districts shall be elected
 4    to a 6 year term.  An election for board members shall not be
 5    held  in  school districts which by consolidation, annexation
 6    or otherwise shall cease to exist as a school district within
 7    6 months after the election date, and the term of  all  board
 8    members  which  would  otherwise terminate shall be continued
 9    until such district shall cease to exist. Each member  shall,
10    on the date of his or her election, shall be a citizen of the
11    United  States  of  the  age  of 18 years or over, shall be a
12    resident of the State and the territory of the  district  for
13    at  least one year immediately preceding his or her election,
14    shall be a  registered  voter  as  provided  in  the  general
15    election  law,  and shall not be a school trustee or a school
16    treasurer, and shall not be a child sex offender  as  defined
17    in  Section  11-9.3  of  the Criminal Code of 1961.  When the
18    board of education is the successor of the school  directors,
19    all  rights  of  property, and all rights regarding causes of
20    action existing or vested in such directors, shall vest in it
21    as fully as they were vested in the school directors.   Terms
22    of members are subject to Section 2A-54 of the Election Code.
23        Nomination  papers filed under this Section are not valid
24    unless the candidate named therein files with  the  secretary
25    of  the board of education or with a person designated by the
26    board to receive nominating  petitions  a  receipt  from  the
27    county clerk showing that the candidate has filed a statement
28    of   economic   interests   as   required   by  the  Illinois
29    Governmental Ethics Act.  Such  receipt  shall  be  so  filed
30    either  previously  during  the  calendar  year  in which his
31    nomination papers were filed or within  the  period  for  the
32    filing  of  nomination  papers in accordance with the general
33    election law.
34        Whenever a vacancy occurs, the  remaining  members  shall
 
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 1    notify  the  regional superintendent of that vacancy within 5
 2    days after its occurrence  and  shall  proceed  to  fill  the
 3    vacancy  until  the  next  regular  school election, at which
 4    election a successor shall be elected to serve the  remainder
 5    of  the  unexpired term.  However, if the vacancy occurs with
 6    less than 868 days remaining in the term, or if  the  vacancy
 7    occurs  less than 88 days before the next regularly scheduled
 8    election for this office then the person so  appointed  shall
 9    serve the remainder of the unexpired term, and no election to
10    fill  the  vacancy shall be held. Should they fail so to act,
11    within  45  days  after  the  vacancy  occurs,  the  regional
12    superintendent of schools under whose supervision and control
13    the district is operating, as defined in  Section  3-14.2  of
14    this  Act,  shall  within 30 days after the remaining members
15    have failed to fill the vacancy, fill the vacancy as provided
16    for herein. Upon the  regional  superintendent's  failure  to
17    fill  the  vacancy,  the  vacancy shall be filled at the next
18    regularly scheduled election.  Whether elected  or  appointed
19    by  the  remaining  members  or  regional superintendent, the
20    successor shall be an inhabitant of the particular area  from
21    which  his  or her predecessor was elected if the residential
22    requirements contained in Section 11A-8, 11B-7,  or  12-2  of
23    this Act apply.
24    (Source:  P.A.  89-129,  eff.  7-14-95; 89-579, eff. 7-30-96;
25    90-358, eff.  1-1-98;  90-459,  eff.  8-17-97;  90-655,  eff.
26    7-30-98.)

27        (105 ILCS 5/33-2) (from Ch. 122, par. 33-2)
28        Sec.  33-2.  Eligibility.  To be eligible for election to
29    the board, a person shall be a citizen of the United  States,
30    and  shall  have been a resident of the district for at least
31    one 1 year immediately preceding his  or  her  election,  and
32    shall  not  be  a  child  sex  offender as defined in Section
33    11-9.3 of the Criminal Code of 1961. Permanent  removal  from
 
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 1    the district by any member constitutes a resignation from and
 2    creates  a  vacancy  in  the board. Board members shall serve
 3    without compensation.
 4        Notwithstanding any provisions to  the  contrary  in  any
 5    special  charter,  petitions  nominating  candidates  for the
 6    board of education shall be signed by at least 200 voters  of
 7    the district; and the polls, whether they be located within a
 8    city lying in the district or outside of a city, shall remain
 9    open during the hours specified in the Election Code.
10    (Source: Laws 1961, p. 31.)

11        (105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
12        Sec.  34-4.   Eligibility. To be eligible for appointment
13    to the board, a person shall  be  a  citizen  of  the  United
14    States,  shall  be  a  registered  voter  as  provided in the
15    Election Code, as heretofore or hereafter amended, and  shall
16    have  been  a  resident  of  the  city  for  at least 3 years
17    immediately preceding his or her appointment, and  shall  not
18    be  a  child sex offender as defined in Section 11-9.3 of the
19    Criminal Code of 1961. Permanent removal from the city by any
20    member of the board during his term of office  constitutes  a
21    resignation  therefrom  and  creates  a vacancy in the board.
22    Except for the President of the Chicago School  Reform  Board
23    of  Trustees  who  may  be  paid  compensation for his or her
24    services as chief executive  officer  as  determined  by  the
25    Mayor  as  provided  in subsection (a) of Section 34-3, board
26    members shall serve without any compensation; provided,  that
27    board members shall be reimbursed for expenses incurred while
28    in  the performance of their duties upon submission of proper
29    receipts or upon submission of a signed voucher in  the  case
30    of  an  expense  allowance  evidencing  the  amount  of  such
31    reimbursement  or allowance to the president of the board for
32    verification  and  approval.  The  board  of  education   may
33    continue  to provide health care insurance coverage, employer
 
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 1    pension contributions, employee  pension  contributions,  and
 2    life  insurance  premium payments for an employee required to
 3    resign from an administrative, teaching,  or  career  service
 4    position  in  order  to  qualify  as a member of the board of
 5    education. They shall not hold other public office under  the
 6    Federal,  State  or  any  local government other than that of
 7    Director of the Regional Transportation Authority, member  of
 8    the  economic  development  commission  of  a  city  having a
 9    population exceeding 500,000, notary public or member of  the
10    National  Guard,  and  by  accepting  any  such  office while
11    members of the board, or by not  resigning  any  such  office
12    held  at  the  time of being appointed to the board within 30
13    days after such appointment, shall be deemed to have  vacated
14    their membership in the board.
15    (Source: P.A. 89-15, eff. 5-30-95.)