HB0757enr 93RD GENERAL ASSEMBLY

HB0757 Enrolled LRB093 05403 NHT 05493 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 9-11.2, 9-12, 9-18, 26-2, 26-8, and 26-16 and by adding Section 14-16 as follows:

(105 ILCS 5/9-11.2) (from Ch. 122, par. 9-11.2)

Sec. 9-11.2. For all school districts electing candidates to a board of education in a manner other than at large, candidates not elected at large who file nominating petitions for a full term shall be grouped together by area of residence as follows:

(1) by congressional townships, or

(2) according to incorporated or unincorporated areas. , or

(3) by affected school districts, if the form of ballot prescribed by Format 2a or 2b of Section 9-12 is required to be used for the election.

For all school districts electing candidates to a board of education in a manner other than at large, candidates not elected at large who file nominating petitions for an unexpired term shall be grouped together by area of residence as follows:

(1) by congressional townships, or

(2) according to incorporated or unincorporated areas. , or

(3) by affected school districts, if the form of ballot prescribed by Format 2a or 2b of Section 9-12 is required to be used for the election.

Candidate Except in those instances when the ballot under Format 5 of Section 9-12 is required to be used, candidate groupings by area of residence for unexpired full terms shall precede the candidate groupings by area of residence for full unexpired terms on the ballot. In all instances, however, the ballot order of each candidate grouping shall be determined by the order of petition filing or lottery held pursuant to Section 9-11.1 in the following manner:

The area of residence of the candidate determined to be first by order of petition filing or by lottery shall be listed first among the candidate groupings on the ballot. All other candidates from the same area of residence will follow according to order of petition filing or the lottery. The area of residence of the candidate determined to be second by the order of petition filing or the lottery shall be listed second among the candidate groupings on the ballot. All other candidates from the same area of residence will follow according to the order of petition filing or the lottery. The ballot order of additional candidate groupings by area of residence shall be established in a like manner.

In any school district that elects its board members according to area of residence and that has one or more unexpired terms to be filled at an election, the winner or winners of the unexpired term or terms shall be determined first and independently of those running for full terms. The winners of the full terms shall then be determined taking into consideration the areas of residence of those elected to fill the unexpired term or terms.

"Area of Residence" means congressional township and , incorporated and unincorporated territories, and, if the form of ballot prescribed by Format 2a or 2b of Section 9-12 is required to be used in electing candidates to a board of education, affected school districts.

"Affected school district" means either of the 2 entire elementary school districts that are formed into a combined school district established as provided in subsection (a-5) of Section 11B-7.

(Source: P.A. 89-579, eff. 7-30-96; 90-59, eff. 7-3-97; 90-459, eff. 8-17-97; 90-655, eff. 7-30-98.)

(105 ILCS 5/9-12) (from Ch. 122, par. 9-12)

Sec. 9-12. Ballots for the election of school officers shall be in one of the following forms:

(FORMAT 1

Ballot position for candidates shall be determined by the order of petition filing or lottery held pursuant to Section 9-11.1.

This format is used by Boards of School Directors. School Directors are elected at large.)

OFFICIAL BALLOT

FOR MEMBERS OF THE BOARD OF SCHOOL

DIRECTORS TO SERVE AN UNEXPIRED 2-YEAR TERM

VOTE FOR ....

( ) .......................................

( ) .......................................

( ) .......................................

FOR MEMBERS OF THE BOARD OF SCHOOL

DIRECTORS TO SERVE A FULL 4-YEAR TERM

VOTE FOR ....

( ) ........................................

( ) ........................................

( ) ........................................

FOR MEMBERS OF THE BOARD OF SCHOOL

DIRECTORS TO SERVE AN UNEXPIRED 2-YEAR TERM

VOTE FOR ....

( ) .......................................

( ) .......................................

( ) .......................................

(FORMAT 2

Ballot position for candidates shall be determined by the order of petition filing or lottery held pursuant to Section 9-11.1.

This format is used when school board members are elected at large. Membership on the school board is not restricted by area of residence.

Types of school districts generally using this format are:

Common school districts;

Community unit and community consolidated school districts formed on or after January 1, 1975;

Community unit school districts formed prior to January 1, 1975 that elect board members at large and without restriction by area of residence within the district under subsection (c) of Section 11A-8;

Community unit, community consolidated and combined school districts in which more than 90% of the population is in one congressional township;

High school districts in which less than 15% of the taxable property is located in unincorporated territory; and unit districts (OLD TYPE);

Combined school districts formed on or after July 1, 1983;

Combined school districts formed before July 1, 1983 and community consolidated school districts that elect board members at large and without restriction by area of residence within the district under subsection (c) of Section 11B-7.)

OFFICIAL BALLOT

FOR MEMBERS OF THE BOARD OF

EDUCATION TO SERVE AN UNEXPIRED 2-YEAR TERM

VOTE FOR ....

( ) .......................................

( ) .......................................

( ) .......................................

FOR MEMBERS OF THE BOARD OF

EDUCATION TO SERVE A FULL 4-YEAR TERM

VOTE FOR ....

( ) .......................................

( ) .......................................

( ) .......................................

FOR MEMBERS OF THE BOARD OF

EDUCATION TO SERVE AN UNEXPIRED 2-YEAR TERM

VOTE FOR ....

( ) .......................................

( ) .......................................

( ) ....................................... (FORMATS 2a and 2b

Ballot position for at large candidates shall be determined by the order of petition filing or lottery held pursuant to Section 9-11.1 and ballot position for candidates grouped by "affected school district", as that term is defined in Section 9-11.2, shall be determined by order of petition filing or lottery held pursuant to Sections 9-11.1 and 9-11.2.

Format 2a is used only in electing, to unstaggered terms expiring on the date of the regular school election held in calendar year 2001, the initial 7 members of the board of education of a combined school district that is established as provided in subsection (a-5) of Section 11B-7, and Format 2b is used only in electing, when required under Section 10-10, a successor to serve the remainder of the unstaggered, unexpired term of any such initial board member in whose office a vacancy has occurred.)

Format 2a:

OFFICIAL BALLOT

FOR MEMBERS OF THE BOARD OF EDUCATION

TO SERVE A FULL TERM EXPIRING ON

(Insert date of regular school election in 2001)

Instructions to voter: One member of the board of education is to be elected at large from within the territory included within the boundaries of (insert name of the combined school district as proposed or formed), 3 members are to be elected from the territory included within the boundaries of (former) Elementary School District No. ....., and 3 members are to be elected from the territory included within the boundaries of (former) Elementary School District No. ......

FOR THE MEMBER

OF THE BOARD OF EDUCATION

TO BE ELECTED AT LARGE

VOTE FOR ONE

( ) .......................................

( ) .......................................

FOR MEMBERS OF

THE BOARD OF EDUCATION

TO BE ELECTED FROM

(FORMER) ELEMENTARY SCHOOL DISTRICT NO. ....

VOTE FOR THREE

( ) .......................................

( ) .......................................

( ) .......................................

( ) .......................................

FOR MEMBERS OF

THE BOARD OF EDUCATION

TO BE ELECTED FROM

(FORMER) ELEMENTARY SCHOOL DISTRICT NO. ....

VOTE FOR THREE

( ) .......................................

( ) .......................................

( ) .......................................

( ) .......................................

Format 2b:

OFFICIAL BALLOT

FOR A MEMBER OF THE BOARD OF EDUCATION

TO BE ELECTED AT LARGE

TO SERVE AN UNEXPIRED TERM ENDING ON

(Insert date of regular school election in 2001)

VOTE FOR ONE

( ) .......................................

( ) .......................................

FOR MEMBERS (A MEMBER)

OF THE BOARD OF EDUCATION

TO BE ELECTED FROM

FORMER ELEMENTARY SCHOOL DISTRICT NO. ....

TO SERVE AN UNEXPIRED TERM ENDING ON

(Insert date of regular school election in 2001)

VOTE FOR ....

( ) .......................................

( ) .......................................

FOR MEMBERS (A MEMBER)

OF THE BOARD OF EDUCATION

TO BE ELECTED FROM

FORMER ELEMENTARY SCHOOL DISTRICT NO. ....

TO SERVE AN UNEXPIRED TERM ENDING ON

(Insert date of regular school election in 2001)

VOTE FOR ....

( ) .......................................

( ) .......................................

(FORMAT 3

Ballot position for incorporated and unincorporated areas shall be determined by the order of petition filing or lottery held pursuant to Sections 9-11.1 and 9-11.2.

This format is used by community unit, community consolidated and combined school districts when the territory is less than 2 congressional townships, or 72 square miles, but consists of more than one congressional township, or 36 square miles, outside of the corporate limits of any city, village or incorporated town within the school district. The School Code requires that not more than 5 board members shall be selected from any city, village or incorporated town in the school district. At least two board members must reside in the unincorporated area of the school district.

Except for those community unit school districts formed before January 1, 1975 that elect board members at large and without restriction by area of residence within the district under subsection (c) of Section 11A-8 and except for combined school districts formed before July 1, 1983 and community consolidated school districts that elect board members at large and without restriction by area of residence within the district under subsection (c) of Section 11B-7, this format applies to community unit and community consolidated school districts formed prior to January 1, 1975 and combined school districts formed prior to July 1, 1983.)

OFFICIAL BALLOT

Instructions to voter: The board of education shall be composed of members from both the incorporated and the unincorporated area; not more than 5 board members shall be selected from any city, village or incorporated town.

ON THE BASIS OF EXISTING BOARD MEMBERSHIP, NOT MORE THAN .... MAY BE ELECTED FROM THE INCORPORATED AREAS. On the basis of existing board membership, not more than .... may be elected from the incorporated areas.

FOR MEMBERS OF THE BOARD OF EDUCATION

TO SERVE AN UNEXPIRED 2-YEAR TERM

THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS

IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE

FULL TERMS.

VOTE FOR A TOTAL OF ....

................... Area ( ) ........................... ( ) ........................... ................... Area ( ) ........................... ( ) ...........................

FOR MEMBERS OF THE BOARD OF EDUCATION

TO SERVE A FULL 4-YEAR TERM

VOTE FOR A TOTAL OF ....

................... Area ( ) ........................... ( ) ...........................

FOR MEMBERS OF THE BOARD OF EDUCATION

TO SERVE A FULL 4-YEAR TERM

VOTE FOR .... ................... Area ( ) ........................... ( ) ...........................

FOR MEMBERS OF THE BOARD OF EDUCATION

TO SERVE AN UNEXPIRED 2-YEAR TERM

VOTE FOR ....

................... Area ( ) ........................... ( ) ...........................

FOR MEMBERS OF THE BOARD OF EDUCATION

TO SERVE AN UNEXPIRED 2-YEAR TERM

VOTE FOR .... ................... Area ( ) ........................... ( ) ...........................

(FORMAT 4

Ballot position for township areas shall be determined by the order of petition filing or lottery held pursuant to Sections 9-11.1 and 9-11.2.

Except for those community unit school districts formed prior to January 1, 1975 that elect board members at large and without restriction by area of residence within the district under subsection (c) of Section 11A-8 and except for those combined school districts formed before July 1, 1983 and community consolidated school districts that elect board members at large and without restriction by area of residence within the district under subsection (c) of Section 11B-7, this format applies to community unit and community consolidated school districts formed prior to January 1, 1975 and combined school districts formed prior to July 1, 1983 when the territory of the school district is greater than 2 congressional townships, or 72 square miles. This format applies only when less than 75% of the population is in one congressional township. Congressional townships of less than 100 inhabitants shall not be considered for the purpose of such mandatory board representation. In this case, not more than 3 board members may be selected from any one congressional township.)

OFFICIAL BALLOT

Instructions to voter: Membership on the board of education is restricted to a maximum of 3 members from any congressional township.

ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE ELECTED IN THE FOLLOWING NUMBERS FROM EACH CONGRESSIONAL TOWNSHIP. On the basis of existing board membership, members may be elected in the following numbers from each congressional township.

NOT MORE THAN .... MAY BE ELECTED FROM TOWNSHIP .... RANGE .... Not more than .... may be elected from Township .... Range ....

NOT MORE THAN .... MAY BE ELECTED FROM TOWNSHIP .... RANGE .... Not more than .... may be elected from Township .... Range ....

NOT MORE THAN .... MAY BE ELECTED FROM TOWNSHIP .... RANGE .... Not more than .... may be elected from Township .... Range ....

(Include each remaining congressional township in district as needed)

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

AN UNEXPIRED 2-YEAR TERM

THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS

IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE

FULL TERMS.

VOTE FOR A TOTAL OF ....

Township .............. Range ................

( ) ............................

( ) ............................

Township .............. Range ................

( ) ............................

( ) ............................

FOR MEMBERS OF THE BOARD OF

EDUCATION TO SERVE A FULL 4-YEAR TERM

VOTE FOR A TOTAL OF ....

Township .............. Range ................

( ) ............................

( ) ............................

FOR MEMBERS OF THE BOARD OF

EDUCATION TO SERVE A FULL 4-YEAR TERM

VOTE FOR ....

Township .............. Range ................

( ) ............................

( ) ............................

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

AN UNEXPIRED 2-YEAR TERM

VOTE FOR ....

Township .............. Range ................

( ) ............................

( ) ............................

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

AN UNEXPIRED 2-YEAR TERM

VOTE FOR .... Township .............. Range ................

( ) ............................

( ) ............................

(FORMAT 5

Ballot position for township areas shall be determined by the order of petition filing or lottery held pursuant to Sections 9-11.1 and 9-11.2.

Except for those community unit school districts formed before January 1, 1975 that elect board members at large and without restriction by area of residence within the district under subsection (c) of Section 11A-8 and except for those combined school districts formed before July 1, 1983 and community consolidated school districts that elect board members at large and without restriction by area of residence within the district under subsection (c) of Section 11B-7, this format is used by community unit and community consolidated school districts formed prior to January 1, 1975, and combined school districts formed prior to July 1, 1983, when the territory of the school district is greater than 2 congressional townships, or 72 square miles and when at least 75%, but not more than 90%, of the population resides in one congressional township. In this case, 4 school board members shall be selected from that one congressional township and the 3 remaining board members shall be selected from the rest of the district. If a school district from which school board members are to be selected is located in a county under township organization and if the surveyed boundaries of a congressional township from which one or more of those school board members is to be selected, as described by township number and range, are coterminous with the boundaries of the township as identified by the township name assigned to it as a political subdivision of the State, then that township may be referred to on the ballot by both its township name and by township number and range.)

OFFICIAL BALLOT

Instructions to voter: Membership on the board of education is to consist of 4 members from the congressional township that has at least 75% but not more than 90% of the population, and 3 board members from the remaining congressional townships in the school district.

ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE ELECTED IN THE FOLLOWING NUMBERS FROM EACH CONGRESSIONAL TOWNSHIP. On the basis of existing board membership, members may be elected in the following numbers from each congressional township.

FOR MEMBER OF THE BOARD OF EDUCATION

TO SERVE AN UNEXPIRED 2-YEAR TERM

FROM (name)........ TOWNSHIP ..... RANGE .....

VOTE FOR ONE

( )..........................

( )..........................

FOR MEMBERS OF THE BOARD OF EDUCATION

TO SERVE A FULL 4-YEAR TERM

VOTE FOR ....

..... shall be elected from (name)...... Township ..... Range ......

(name)....... TOWNSHIP ..... RANGE .....

( ) ............................

( ) ............................

VOTE FOR .... ...... board members shall be elected from the remaining congressional townships.

The Remaining Congressional Townships

( ) ............................

( ) ............................

(FORMAT 6

Ballot position for candidates shall be determined by the order of petition filing or lottery held pursuant to Section 9-11.1.

This format is used by school districts in which voters have approved a referendum to elect school board members by school board district. The school district is then divided into 7 school board districts, each of which elects one member to the board of education.)

OFFICIAL BALLOT

DISTRICT ....... (1 through 7)

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

AN UNEXPIRED 2-YEAR TERM

VOTE FOR ONE

( ) .....................................

( ) .....................................

( ) .....................................

(-OR-)

OFFICIAL BALLOT

DISTRICT ....... (1 through 7)

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

A FULL 4-YEAR TERM

VOTE FOR ONE

( ) .....................................

( ) .....................................

( ) .....................................

(-OR-)

OFFICIAL BALLOT

DISTRICT ....... (1 through 7)

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

AN UNEXPIRED 2-YEAR TERM

VOTE FOR ONE

( ) .....................................

( ) .....................................

( ) .....................................

REVERSE SIDE:

OFFICIAL BALLOT

DISTRICT ....... (1 through 7)

(Precinct name or number)

School District No. ......, ........... County, Illinois

Election Tuesday (insert date)

(facsimile signature of Election Authority)

(County)

(FORMAT 7

Ballot position for incorporated and unincorporated areas shall be determined by the order of petition filing or lottery held pursuant to Sections 9-11.1 and 9-11.2.

This format is used by high school districts if more than 15% but less than 30% of the taxable property is located in the unincorporated territory of the school district. In this case, at least one board member shall be a resident of the unincorporated territory.)

OFFICIAL BALLOT

Instructions to voter: More than 15% but less than 30% of the taxable property of this high school district is located in the unincorporated territory of the district, therefore, at least one board member shall be a resident of the unincorporated areas.

ON THE BASIS OF EXISTING BOARD MEMBERSHIP, AT LEAST ONE MEMBER SHALL BE ELECTED FROM THE UNINCORPORATED AREA. On the basis of existing board membership, at least one member shall be elected from the unincorporated area.

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

AN UNEXPIRED 2-YEAR TERM

THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS

IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE

FULL TERMS.

VOTE FOR A TOTAL OF ....

................... Area ( ) ........................... ( ) ........................... ................... Area ( ) ........................... ( ) ...........................

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

A FULL 4-YEAR TERM

VOTE FOR A TOTAL OF ....

................... Area ( ) ........................... ( ) ...........................

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

A FULL 4-YEAR TERM

VOTE FOR .... ................... Area ( ) ........................... ( ) ...........................

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

AN UNEXPIRED 2-YEAR TERM

VOTE FOR ....

................... Area ( ) ........................... ( ) ...........................

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

AN UNEXPIRED 2-YEAR TERM

VOTE FOR .... ................... Area ( ) ........................... ( ) ...........................

(FORMAT 7a

Ballot position for candidates shall be determined by the order of petition filing or lottery held pursuant to Sections 9-11.1 and 9-11.2.

This format is used by high school districts if more than 15% but less than 30% of the taxable property is located in the unincorporated territory of the school district and on the basis of existing board membership no board member is required to be elected from the unincorporated area.)

OFFICIAL BALLOT

Instruction to voter: More than 15% but less than 30% of the taxable property of this high school district is located in the unincorporated territory of the district, therefore, at least one board member shall be a resident of the unincorporated areas.

ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE ELECTED FROM ANY AREA OR AREAS. On the basis of existing board membership, members may be elected from any area or areas.

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

AN UNEXPIRED 2-YEAR TERM

VOTE FOR ....

( ) ........................................

( ) ........................................

( ) ........................................

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

A FULL 4-YEAR TERM

VOTE FOR ....

( ) ........................................

( ) ........................................

( ) ........................................

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

AN UNEXPIRED 2-YEAR TERM

VOTE FOR ....

( ) ........................................

( ) ........................................

( ) ........................................

(FORMAT 8

Ballot position for incorporated and unincorporated areas shall be determined by the order of petition filing or lottery held pursuant to Sections 9-11.1 and 9-11.2.

This format is used by high school districts if more than 30% of the taxable property is located in the unincorporated territory of the school district. In this case, at least two board members shall be residents of the unincorporated territory.)

OFFICIAL BALLOT

Instructions to voters: Thirty percent (30%) or more of the taxable property of this high school district is located in the unincorporated territory of the district, therefore, at least two board members shall be residents of the unincorporated territory.

ON THE BASIS OF EXISTING BOARD MEMBERSHIP, AT LEAST 2 MEMBERS SHALL BE ELECTED FROM THE UNINCORPORATED AREA. On the basis of existing board membership at least 2 members shall be elected from the unincorporated area.

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

AN UNEXPIRED 2-YEAR TERM

THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS

IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE

FULL TERMS.

VOTE FOR A TOTAL OF ....

................... Area ( ) ........................... ( ) ........................... ................... Area ( ) ........................... ( ) ...........................

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

A FULL 4-YEAR TERM

VOTE FOR A TOTAL OF ....

................... Area ( ) ........................... ( ) ...........................

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

A FULL 4-YEAR TERM

VOTE FOR .... ................... Area ( ) ........................... ( ) ...........................

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

AN UNEXPIRED 2-YEAR TERM

VOTE FOR ....

................... Area ( ) ........................... ( ) ...........................

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

AN UNEXPIRED 2-YEAR TERM

VOTE FOR .... ................... Area ( ) ........................... ( ) ...........................

(FORMAT 8a

Ballot position for incorporated and unincorporated areas shall be determined by the order of petition filing or lottery held pursuant to Sections 9-11.1 and 9-11.2.

This format is used by high school districts if more than 30% of the taxable property is located in the unincorporated territory of the school district. In this case, at least two board members shall be residents of the unincorporated territory.)

OFFICIAL BALLOT

Instructions to voters: Thirty percent (30%) or more of the taxable property of this high school district is located in the unincorporated territory of the district, therefore, at least two board members shall be residents of the unincorporated territory.

ON THE BASIS OF EXISTING BOARD MEMBERSHIP, AT LEAST ONE MEMBER SHALL BE ELECTED FROM THE UNINCORPORATED AREA. On the basis of existing board membership at least one member shall be elected from the unincorporated area.

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

AN UNEXPIRED 2-YEAR TERM

THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS

IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE

FULL TERMS.

VOTE FOR A TOTAL OF ....

................... Area ( ) ........................... ( ) ........................... ................... Area ( ) ........................... ( ) ...........................

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

A FULL 4-YEAR TERM

VOTE FOR A TOTAL OF ....

................... Area ( ) ........................... ( ) ...........................

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

A FULL 4-YEAR TERM

VOTE FOR .... ................... Area ( ) ........................... ( ) ...........................

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

AN UNEXPIRED 2-YEAR TERM

VOTE FOR ....

................... Area ( ) ........................... ( ) ...........................

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

AN UNEXPIRED 2-YEAR TERM

VOTE FOR .... ................... Area ( ) ........................... ( ) ...........................

(FORMAT 8b

Ballot position for incorporated and unincorporated areas shall be determined by the order of petition filing or lottery held pursuant to Sections 9-11.1 and 9-11.2.

This format is used by high school districts if more than 30% of the taxable property is located in the unincorporated territory of the school district. In this case, at least two board members shall be residents of the unincorporated territory.)

OFFICIAL BALLOT

Instructions to voters: Thirty percent (30%) or more of the taxable property of this high school district is located in the unincorporated territory of the district, therefore, at least two board members shall be residents of the unincorporated territory.

ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE ELECTED FROM ANY AREA OR AREAS. On the basis of existing board membership, members may be elected from any area or areas.

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

AN UNEXPIRED 2-YEAR TERM

VOTE FOR ....

( ) ........................... ( ) ........................... ( ) ........................... ( ) ...........................

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

A FULL 4-YEAR TERM

VOTE FOR ....

( ) ........................... ( ) ........................... ( ) ........................... ( ) ...........................

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

AN UNEXPIRED 2-YEAR TERM

VOTE FOR ....

( ) ........................... ( ) ........................... ( ) ........................... ( ) ...........................

(Source: P.A. 93-706, eff. 7-9-04.)

(105 ILCS 5/9-18) (from Ch. 122, par. 9-18)

Sec. 9-18. Canvass of elections. A canvass of the votes at any election held in districts governed by a board of education shall be made by the board of education within 21 7 days after the election.

A canvass of the votes at an election ordered by the regional superintendent of schools shall be made by the regional superintendent of schools within 21 7 days after the election.

A canvass of the votes at an election ordered by the Board of Directors shall be made by the Board of Directors within 21 7 days after the election.

(Source: P.A. 81-1490.)

(105 ILCS 5/14-16 new)

Sec. 14-16. Participation in graduation ceremony.

(a) This Section may be referred to as Brittany's Law. The General Assembly finds the following:

(1) Each year, school districts across this State celebrate their students' accomplishments through graduation ceremonies at which high school diplomas are bestowed upon students who have completed their high school requirements.

(2) There are children with disabilities in this State who have finished 4 years of high school, but whose individualized education programs prescribe the continuation of special education, transition planning, transition services, or related services beyond the completion of 4 years of high school.

(3) It is well-established that the awarding of a high school diploma to and the high school graduation of a child with a disability is tantamount to the termination of eligibility for special education and related services for the student under applicable federal law.

(4) Many children with disabilities who will continue their public education in accordance with their individualized education programs after finishing 4 years of high school wish to celebrate their accomplishments by participating in a graduation ceremony with their classmates.

(5) The opportunity for classmates with disabilities and those without disabilities to celebrate their accomplishments together only occurs once, and the opportunity to celebrate the receipt of a diploma several years after one's classmates have graduated diminishes the experience for students whose age peers have left high school several years earlier.

(b) Beginning March 1, 2005, each school district that operates a high school must have a policy and procedures that allow a child with a disability who will have completed 4 years of high school at the end of a school year to participate in the graduation ceremony of the student's high school graduating class and receive a certificate of completion if the student's individualized education program prescribes special education, transition planning, transition services, or related services beyond the student's 4 years of high school. The policy and procedures must require timely and meaningful written notice to children with disabilities and their parents or guardians about the school district's policy and procedures adopted in accordance with this Section.

(c) The State Board of Education shall monitor and enforce compliance with the provisions of this Section and is authorized to adopt rules for that purpose.

(105 ILCS 5/26-2) (from Ch. 122, par. 26-2)

(Text of Section from P.A. 93-803)

Sec. 26-2. Enrolled pupils below 7 or over 17 16.

(a) Any person having custody or control of a child who is below the age of 7 years or is 17 years of age or above the age of 16 years and who is enrolled in any of grades 1 through 12, in the public school shall cause him to attend the public school in the district wherein he resides when it is in session during the regular school term, unless he is excused under paragraph paragraphs 2, 3, 4, or 5, or 6 of Section 26-1.

(b) A school district shall deny reenrollment in its secondary schools to any child above the age of 19 years of age or above who has dropped out of school and who could not, because of age and lack of credits, attend classes during the normal school year and graduate before his or her twenty-first birthday. A district may, however, enroll the child in a graduation incentives program under Section 26-16 of this Code or an alternative learning opportunities program established under Article 13B. No child shall be denied reenrollment for the above reasons unless the school district first offers the child due process as required in cases of expulsion under Section 10-22.6. If a child is denied reenrollment after being provided with due process, the school district must provide counseling to that child and must direct that child to alternative educational programs, including adult education programs, that lead to graduation or receipt of a GED diploma.

(c) A school or school district may deny enrollment to a student 17 16 years of age or older for one semester for failure to meet minimum academic standards if all of the following conditions are met:

(1) The student achieved a grade point average of less than "D" (or its equivalent) in the semester immediately prior to the current semester.

(2) The student and the student's parent or guardian are given written notice warning that the student is failing academically and is subject to denial from enrollment for one semester unless a "D" average (or its equivalent) or better is attained in the current semester.

(3) The parent or guardian is provided with the right to appeal the notice, as determined by the State Board of Education in accordance with due process.

(4) The student is provided with an academic improvement plan and academic remediation services.

(5) The student fails to achieve a "D" average (or its equivalent) or better in the current semester.

A school or school district may deny enrollment to a student 17 16 years of age or older for one semester for failure to meet minimum attendance standards if all of the following conditions are met:

(1) The student was absent without valid cause for 20% or more of the attendance days in the semester immediately prior to the current semester.

(2) The student and the student's parent or guardian are given written notice warning that the student is subject to denial from enrollment for one semester unless the student is absent without valid cause less than 20% of the attendance days in the current semester.

(3) The student's parent or guardian is provided with the right to appeal the notice, as determined by the State Board of Education in accordance with due process.

(4) The student is provided with attendance remediation services, including without limitation assessment, counseling, and support services.

(5) The student is absent without valid cause for 20% or more of the attendance days in the current semester.

A school or school district may not deny enrollment to a student (or reenrollment to a dropout) who is at least 17 16 years of age or older but below not more than 19 years for more than one consecutive semester for failure to meet academic or attendance standards.

(d) No child may be denied enrollment or reenrollment under this Section in violation of the Individuals with Disabilities Education Act or the Americans with Disabilities Act.

(e) In this subsection (e), "reenrolled student" means a dropout who has reenrolled full-time in a public school. Each school district shall identify, track, and report on the educational progress and outcomes of reenrolled students as a subset of the district's required reporting on all enrollments. A reenrolled student who again drops out must not be counted again against a district's dropout rate performance measure. The State Board of Education shall set performance standards for programs serving reenrolled students.

(f) The State Board of Education shall adopt any rules necessary to implement the changes to this Section made by Public Act 93-803 this amendatory Act of the 93rd General Assembly.

(Source: P.A. 92-42, eff. 1-1-02; 93-803, eff. 7-23-04.)

(Text of Section from P.A. 93-858)

Sec. 26-2. Enrolled pupils below 7 or over 17.

(a) Any person having custody or control of a child who is below the age of 7 years or is 17 years of age or above and who is enrolled in any of grades 1 through 12 in the public school shall cause him to attend the public school in the district wherein he resides when it is in session during the regular school term, unless he is excused under paragraph 2, 3, 4, 5, or 6 of Section 26-1.

(b) A school district shall deny reenrollment in its secondary schools to any child 19 17 years of age or above who has dropped out of school and who could not, because of age and lack of credits, attend classes during the normal school year and graduate before his or her twenty-first birthday. A district may, however, enroll the child in a graduation incentives program under Section 26-16 of this Code or an alternative learning opportunities program established under Article 13B. No child shall be denied reenrollment for the above reasons unless the school district first offers the child due process as required in cases of expulsion under Section 10-22.6. If a child is denied reenrollment after being provided with due process, the school district must provide counseling to that child and must direct that child to alternative educational programs, including adult education programs, that lead to graduation or receipt of a GED diploma.

(c) A school or school district may deny enrollment to a student 17 years of age or older for one semester for failure to meet minimum academic standards if all of the following conditions are met:

(1) The student achieved a grade point average of less than "D" (or its equivalent) in the semester immediately prior to the current semester.

(2) The student and the student's parent or guardian are given written notice warning that the student is failing academically and is subject to denial from enrollment for one semester unless a "D" average (or its equivalent) or better is attained in the current semester.

(3) The parent or guardian is provided with the right to appeal the notice, as determined by the State Board of Education in accordance with due process.

(4) The student is provided with an academic improvement plan and academic remediation services.

(5) The student fails to achieve a "D" average (or its equivalent) or better in the current semester.

A school or school district may deny enrollment to a student 17 years of age or older for one semester for failure to meet minimum attendance standards if all of the following conditions are met:

(1) The student was absent without valid cause for 20% or more of the attendance days in the semester immediately prior to the current semester.

(2) The student and the student's parent or guardian are given written notice warning that the student is subject to denial from enrollment for one semester unless the student is absent without valid cause less than 20% of the attendance days in the current semester.

(3) The student's parent or guardian is provided with the right to appeal the notice, as determined by the State Board of Education in accordance with due process.

(4) The student is provided with attendance remediation services, including without limitation assessment, counseling, and support services.

(5) The student is absent without valid cause for 20% or more of the attendance days in the current semester.

A school or school district may not deny enrollment to a student (or reenrollment to a dropout) who is at least 17 years of age or older but below 19 years for more than one consecutive semester for failure to meet academic or attendance standards.

(d) No child may be denied enrollment or reenrollment under this Section in violation of the Individuals with Disabilities Education Act or the Americans with Disabilities Act.

(e) In this subsection (e), "reenrolled student" means a dropout who has reenrolled full-time in a public school. Each school district shall identify, track, and report on the educational progress and outcomes of reenrolled students as a subset of the district's required reporting on all enrollments. A reenrolled student who again drops out must not be counted again against a district's dropout rate performance measure. The State Board of Education shall set performance standards for programs serving reenrolled students.

(f) The State Board of Education shall adopt any rules necessary to implement the changes to this Section made by Public Act 93-803.

(Source: P.A. 92-42, eff. 1-1-02; 93-858, eff. 1-1-05.)

(105 ILCS 5/26-8) (from Ch. 122, par. 26-8)

Sec. 26-8. Determination as to compliance - Complaint in circuit court. A truant officer or, in a school district that does not have a truant officer, the regional superintendent of schools or his or her designee, after giving the notice provided in Section 26-7, shall determine whether the notice has been complied with. If 3 notices have been given and the notices have not been complied with, and if the persons having custody or control have knowingly and wilfully permitted the truant behavior to continue, the regional superintendent of schools, or his or her designee, of the school district where the child resides shall conduct a truancy hearing. If the regional superintendent determines as a result of the hearing that the child is truant, the regional superintendent shall, if age appropriate at the discretion of the regional superintendent, require the student to complete 20 to 40 hours of community service over a period of 90 days. If the truancy persists, the regional superintendent shall (i) make complaint against the persons having custody or control to the state's attorney or in the circuit court in the county where such person resides for failure to comply with the provisions of this Article or (ii) conduct truancy mediation and encourage the student to enroll in a graduation incentives program under Section 26-16 of this Code. If, however, after giving the notice provided in Section 26-7 the truant behavior has continued, and the child is beyond the control of the parents, guardians or custodians, a truancy petition shall be filed under the provisions of Article III of the Juvenile Court Act of 1987.

(Source: P.A. 93-858, eff. 1-1-05.)

(105 ILCS 5/26-16)

Sec. 26-16. Graduation incentives program.

(a) The General Assembly finds that it is critical to provide options for children to succeed in school. The purpose of this Section is to provide incentives for and encourage all Illinois students who have experienced or are experiencing difficulty in the traditional education system to enroll in alternative programs.

(b) Any student who is below the age of 20 years no more than 18 years of age is eligible to enroll in a graduation incentives program if he or she:

(1) is considered a dropout pursuant to Section 26-2a of this Code;

(2) has been suspended or expelled pursuant to Section 10-22.6 or 34-19 of this Code;

(3) is pregnant or is a parent;

(4) has been assessed as chemically dependent; or

(5) is enrolled in a bilingual education or LEP program.

(c) The following programs qualify as graduation incentives programs for students meeting the criteria established in this Section:

(1) Any public elementary or secondary education graduation incentives program established by a school district or by a regional office of education.

(2) Any alternative learning opportunities program established pursuant to Article 13B of this Code.

(3) Vocational or job training courses approved by the State Superintendent of Education that are available through the Illinois public community college system. Students may apply for reimbursement of 50% of tuition costs for one course per semester or a maximum of 3 courses per school year. Subject to available funds, students may apply for reimbursement of up to 100% of tuition costs upon a showing of employment within 6 months after completion of a vocational or job training program. The qualifications for reimbursement shall be established by the State Superintendent of Education by rule.

(4) Job and career programs approved by the State Superintendent of Education that are available through Illinois-accredited private business and vocational schools. Subject to available funds, pupils may apply for reimbursement of up to 100% of tuition costs upon a showing of employment within 6 months after completion of a job or career program. The State Superintendent of Education shall establish, by rule, the qualifications for reimbursement, criteria for determining reimbursement amounts, and limits on reimbursement.

(5) Adult education courses that offer preparation for the General Educational Development Test.

(d) Graduation incentives programs established by school districts are entitled to claim general State aid, subject to Sections 13B-50, 13B-50.5, and 13B-50.10 of this Code. Graduation incentives programs operated by regional offices of education are entitled to receive general State aid at the foundation level of support per pupil enrolled. A school district must ensure that its graduation incentives program receives supplemental general State aid, transportation reimbursements, and special education resources, if appropriate, for students enrolled in the program.

(Source: P.A. 93-858, eff. 1-1-05.)

Section 90. The State Mandates Act is amended by adding Section 8.28 as follows:

(30 ILCS 805/8.28 new)

Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 93rd General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law, except that the provisions changing Sections 26-2, 26-8, and 26-16 of the School Code take effect January 1, 2005.