Illinois General Assembly - Full Text of SB1371
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Full Text of SB1371  93rd General Assembly

SB1371 93rd General Assembly


093_SB1371

 
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 1        AN ACT regarding school boards.

 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    Section 10-10 as follows:

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