Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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SCHOOLS105 ILCS 5/5-30
(105 ILCS 5/) School Code.
(105 ILCS 5/5-30)
(from Ch. 122, par. 5-30)
The trustees of schools or other school officials having legal title to
school sites or land owned for school purposes shall have the power, with
the consent of the school board of the district wherein the lands are
located, to grant temporary or permanent easements for sewer, water
drainage or utility purposes to municipalities, corporations or persons on
such terms as the school board may determine.
(Source: Laws 1961, p. 31.)
105 ILCS 5/5-31
(105 ILCS 5/5-31)
(from Ch. 122, par. 5-31)
Division of township into districts - Territory taken from special
charter district. The trustees of schools in newly organized townships shall
divide the township into school districts to suit the wishes or convenience
of a majority of the inhabitants of the township, and shall prepare or cause
to be prepared a map of the township, on which the district or districts
shall be designated by their respective numbers. The trustees of schools
shall also cause any territory taken from a school district acting under
a special charter to be formed and established into a school district to
be governed under such general school laws of the State within thirty days
from the time such territory is taken from the district acting under a special
charter; and the trustees shall order an election for the purpose of electing
directors for such district and shall certify such offices
within ten days after the organization thereof. The first election shall
be held at the next regular election for school district officers, and until
the directors elected at that time take office, the Regional Superintendent
may fill the office by appointment. If such territory has not sufficient
inhabitants and children to establish and maintain a school, the trustees
may annex it to an adjoining district or districts.
(Source: P.A. 81-1490.)
105 ILCS 5/5-32
(105 ILCS 5/5-32)
(from Ch. 122, par. 5-32)
Failure to maintain schools - Transportation and tuition.
If any school district other than a non-high school district shall for 1
year fail to maintain within the boundaries of the school district a
recognized public school as required by law, such district shall become
automatically dissolved and the property and territory of such district
shall be disposed of in the manner provided for the disposal of
territory and property in Section 7-11 of this Act. However, a school
district shall not be dissolved where the State Board of Education and the
regional superintendent of the region in which a
district has legally authorized the building of a school and legally
selected a school house site and has issued bonds for such building
shall jointly find and certify that such building has been authorized,
site selected and bonds issued.
If a district has its territory included within a petition to form a
community unit district under Article 11E of this Code, that district may
not be dissolved under this Section until the end of the school year in
which all proceedings relating to formation of that community unit
district are finally concluded, whether by disallowance of the petition,
by referendum, by a final court decision or otherwise. Until such
proceedings are finally concluded, the regional superintendent having
jurisdiction of the district that is not maintaining a recognized school
shall assign the pupils of that district to an adjoining school
district, subject to the
requirement that the district from which the pupils are so assigned
shall pay tuition for such pupils to the district to which the pupils
are assigned, in accordance with Section 10-20.12a of this Act or in
such lesser amount as may be agreed to by the 2 districts.
However, until July 1, 1969 or one year after the entry of a final
decision by a court of competent jurisdiction in the event of litigation
with respect to any of the matters set forth in this Section, whichever
is the later, notwithstanding the provisions of this Section, any
protectorate high school district composed of contiguous and compact
territory having not less than 2,000 inhabitants and which has an
equalized assessed valuation of not less than $6,000,000, shall be and
remain a protectorate high school district if a majority of the pupils
attend a high school in a special charter district maintaining grades 1
through 12 and if during that period the voters of the district, by
referendum to be ordered by the board, vote in favor of the proposition that
such district maintain and operate a high school within such district,
and also authorize the purchase of a school site, the building of a
school building and the issuance of bonds for such purpose, which bonds
are duly issued. The Board shall certify the proposition to the proper
election authorities for submission, in accordance with the general
The proposition to maintain and operate a high school within such
district shall be in substantially the following form:
High School District Number ......, YES
........... County, Illinois,
maintain and operate a high school
within that High School
District and for the benefit NO
of the pupils residing therein?
and is approved if a majority of the voters voting on the proposition is
in favor thereof. The proposition of purchasing a school site, the
building of a school building and the issuance of bonds for such purpose
shall be submitted to the voters and may be voted upon at the same election
that the proposition of maintaining and operating a high school within the
district is submitted or at any regularly scheduled election subsequent
thereto as may be
ordered by the board. Thereupon, that protectorate high school
district shall thereafter exist as a community high school district and
possess and enjoy all of the powers, duties and authorities of a
community high school district under Article 12 of this Act.
Throughout its existence as a protectorate district and until the
legal voters residing in the district have determined to maintain and
operate a high school within the district and have been authorized to
purchase a school site, build a school building and to issue bonds for
such purpose and which bonds are duly issued, or until the dissolution
of the district as required by this Section, such protectorate district
may use its funds to pay for the tuition and transportation of the
pupils in such district that attend a high school in a special charter
district maintaining grades 1 through 12. A protectorate high school
district is defined to be a district which does not own or operate its
own school buildings.
(Source: P.A. 94-1019, eff. 7-10-06.)
105 ILCS 5/5-34
(105 ILCS 5/5-34)
(from Ch. 122, par. 5-34)
Evidence of indebtedness not in proper form-Securities insufficient-
When any county superintendent of schools notifies the trustees of
schools of a township, in writing, that the notes, bonds, mortgages or
other evidences of indebtedness which have been taken officially by the
township treasurer are not in proper form, or that securities which he has
taken are insufficient, the trustees shall at once take such action as may
be necessary to protect the property or fund of the township and the
district. For a failure or refusal to take such action within 20 days after
such notice the trustees of schools, each in his individual capacity, shall
be guilty of a petty offense and shall be liable to a fine of not less than
twenty-five nor more than one hundred dollars, to be recovered before any
circuit court, which when collected shall be paid to the county
superintendent of the proper county for the use of the schools. The payment
of this fine shall not relieve the trustees from any civil liability they
may have incurred from such neglect of duty.
(Source: P.A. 77-2267.)
105 ILCS 5/5-35
(105 ILCS 5/5-35)
(from Ch. 122, par. 5-35)
Liability of trustees for sufficiency of securities taken from township
Trustees of schools shall be liable, jointly and severally, for the
sufficiency of securities taken from township treasurers; and in case of
judgment against any treasurer and his sureties for or on account of any
default of such treasurer, on which the money is not made for want of
sufficient property whereon to levy for the enforcement of a judgment,
a civil action may be
maintained against the trustees, jointly and severally, and the amount not
collected on the judgment shall be recovered with costs of the action from such
trustees. If the trustees can show, satisfactorily, that the security taken
from the treasurer, was, at the time it was taken, sufficient, they shall
not be held liable.
(Source: P.A. 84-546.)
105 ILCS 5/5-36
(105 ILCS 5/5-36)
(from Ch. 122, par. 5-36)
Failure to follow law as to distribution when new district formed.
If the trustees of schools fail to observe the provisions of this Act in
reference to the distribution of funds and property when a new district is
formed, they shall be individually and jointly liable to the district
interested, in a civil action to the full amount of the damages sustained
by the district aggrieved.
(Source: Laws 1961, p. 31.)
105 ILCS 5/5-37
(105 ILCS 5/5-37)
(from Ch. 122, par. 5-37)
Returns of children-Penalty for failure or false return.
Any trustee of schools who fails or refuses to make returns of children
in his township according to the provisions of this Act, or who knowingly
makes a false return thereof, is guilty of a petty offense and shall be
liable to a fine of not less than $10.00 nor more than $100.00, to be
recovered by an action before the circuit court of the county; which
penalty, when collected, shall be added to the distributive fund of the
township in which the trustee resides.
(Source: P.A. 77-2267.)
105 ILCS 5/5-38
(105 ILCS 5/5-38)
Publication of information.
(a) As used in this Section:
"Accounting book value" means the value carried on the accounting records of the township school treasurer as of the last day of a calendar quarter.
"Annual total compensation" means the total cost to taxpayers for the services of the identified individual during the most recently completed fiscal year.
"Investment instrument" means an individual investment security as provided for under the Uniform Commercial Code or the aggregate value of all shares held in an individual investment fund or pooled account.
"Investment rate of return" means:
(1) for fixed interest-bearing securities, the stated
or calculated annual interest rate; and
(2) for cash accounts and all other investment
instruments, the actual income earned during the previously ending quarter, multiplied by 4, then divided by the accounting book value, expressed as a percentage.
"Township school treasurer" means an individual hired by the trustees of schools to perform the statutory role of treasurer for school districts within the township.
(b) Trustees of schools in Class II county school units shall maintain an Internet website on which all of the following information shall be available for public viewing:
(1) The name, term of office, and means of public
contact for each trustee.
(2) The dates, times, and locations of all trustees
of schools meetings to be held during the current fiscal year.
(3) The agenda for each trustees of schools meeting,
posted at least 48 hours in advance of the meeting.
(4) The approved minutes of all trustees of schools
meetings held within the current and previous 2 fiscal years, posted no later than 100 days after the meeting date.
(5) The annual total compensation of each trustee and
township school treasurer, itemized by salary and wages, retirement contributions, insurance premiums, vehicle and mileage allowances, deferred compensation, all other compensation, and total compensation for each individual. The fiscal year for which the amounts apply shall also be reported.
(6) The address and contact information for the
township school treasurer's office.
(7) The audited financial statements for the prior 3
(8) The budget for the current fiscal year, posted no
later than September 30 of each year.
(9) Contracts in effect with a value over $25,000.
(10) Collective bargaining agreements in effect.
(c) Township school treasurers in Class II county school units shall submit to each school district that they serve, within 30 days after the end of each calendar quarter, an investments report that includes all of the following:
(1) A list of each cash account and investment
instrument held by the treasurer as of the last day of the calendar quarter and the accounting book value, investment rate of return, and maturity date, if any, of each.
(2) A copy of the trustees of schools investment
policy under which the township school treasurer operated during the quarter.
(Source: P.A. 102-346, eff. 8-13-21.)
105 ILCS 5/Art. 6
(105 ILCS 5/Art. 6 heading)
REGIONAL BOARD OF SCHOOL TRUSTEES
105 ILCS 5/6-1
(105 ILCS 5/6-1)
(from Ch. 122, par. 6-1)
Fractional townships of less than 200 persons.
Each congressional township is a township for school purposes. When a
fractional congressional township contains fewer than 200 persons under 21
years of age and has not heretofore been united with any township for
school purposes it is hereby attached for school purposes to the adjacent
congressional township having the longest territorial line bordering on
such fractional township and all the provisions of this Article shall apply
to such united townships the same as though they were one township.
(Source: Laws 1961, p. 31
105 ILCS 5/6-2
(105 ILCS 5/6-2)
(from Ch. 122, par. 6-2)
Regional board; creation; membership; abolition and
transfer of duties.
(a) There is created a regional board of school trustees for that territory
in each educational service region exclusive of any school district organized
under Article 34 and exclusive of any school district whose school board has
been given the powers of school trustees; provided that on the effective date
of this amendatory Act of 1992 the regional board of school trustees
theretofore created and existing for any territory in an educational service
region containing 2,000,000 or more inhabitants is abolished, the terms of
office of all members of the regional board of school trustees so abolished are
terminated on that effective date, and from and after that effective date all
rights, powers, duties, and responsibilities that were vested in or required by
law to be exercised and performed by the former regional board of school
trustees shall be vested in and exercised and performed by the successors to
the former regional board of school trustees as provided in subsection (b) of
this Section 6-2. Any school district whose board of education acts as a board
of school trustees shall have within its district the powers and duties of a
regional board of school trustees.
Unless abolished as provided in this Section, the regional board of
school trustees, in both single county and multi-county
educational service regions, shall consist of 7 members. In single county
regions not more than one trustee may be a resident of any one congressional
township; however, in case there are fewer than 7 congressional townships
in the region then not more than two of such trustees may be residents of
the same congressional township. Notwithstanding the foregoing residency provision, in a single county region with a population of greater than 750,000 inhabitants, but less than 1,200,000 inhabitants, 2 trustees may be residents of the same congressional township if and only if such trustees were elected at the April 9, 2013 consolidated election. In 2 county regions at least 2 trustees
shall be residents of each county. In 3 or more county regions at least
one trustee shall be a resident of each county. If more than 7 counties
constitute the educational service region, the regional board of school
trustees shall consist of one resident of each county.
The regional board of school trustees shall be a body politic and corporate
by the name of "Regional Board of School Trustees of.... County (or Counties),
Illinois." Such corporation shall have perpetual existence with power to
sue and be sued and to plead and be impleaded in all courts and places where
judicial proceedings are had.
(b) Upon the abolition of the regional board of school trustees and
the termination of the terms of office of the members of that former
regional board of school trustees in an educational service region
containing 2,000,000 or more inhabitants as provided in subsection (a), the
trustees of schools of each township included within the territory of that
educational service region that was served by the former regional board of
school trustees, or if any such township is a township referred to in
subsection (b) of Section 5-1 and there are no trustees of schools acting
in that township then the school board of each school district located in
that township, shall be the successors to the former regional board of
school trustees. As successors to the former regional board of school
trustees, the trustees of schools of each such township and the school
board of each such school district, with respect to all territory included
within the school township or school district served by the trustees of
schools of the township or school board, shall be vested with and shall
exercise and perform all rights, powers, duties, and responsibilities
formerly held, exercised, and performed with respect to that territory by
the regional board of school trustees abolished under subsection (a) of this Section.
Upon abolition of the regional board of school trustees in an educational
service region having 2,000,000 or more inhabitants as provided in
subsection (a) of this Section, all books, records, maps, papers,
documents, equipment, supplies, accounts, deposits, and other personal
property belonging to or subject to the control or disposition of the
former regional board of school trustees (excepting only such items as may
have been provided by the county board) shall be transferred and delivered
to the trustees of schools of the townships and the school boards that are
the successors to the former regional board of school trustees for the
territory included within their respective school townships or school
From and after the effective date of this amendatory Act of 1992, any
reference in the School Code or any other law of this State to the regional
board of school trustees or county board of school trustees shall mean,
with respect to all territory within an educational service region
containing 2,000,000 or more inhabitants that formerly was served by a
regional board of school trustees abolished under subsection (a) of this
Section, the trustees of schools of the township or the school board of the
school district that is the successor to the former regional board of
school trustees with respect to the territory included within that school
township or school district.
(Source: P.A. 98-115, eff. 7-29-13.)
105 ILCS 5/6-2.1
(105 ILCS 5/6-2.1)
(from Ch. 122, par. 6-2.1)
On and after the effective date of this amendatory Act,
the provisions of Sections 6-3, 6-4, 6-5, 6-10, 6-11 (now repealed), 6-12, 6-17, 6-18, 6-19,
6-20, and 6-21 of this School Code shall have no application in any
educational service region having a population of 2,000,000 or more
(Source: P.A. 95-496, eff. 8-28-07.)
105 ILCS 5/6-3
(105 ILCS 5/6-3)
(from Ch. 122, par. 6-3)
Eligibility for trustee's office.
No person shall be eligible to the office of member of the regional
board of school trustees who is not a voter of the educational service
region and qualified to vote in the election for members of the regional
board of school trustees, or who is a member of a school board, or who is a
school board employee, or who holds any county office.
(Source: P.A. 78-514.)
105 ILCS 5/6-4
(105 ILCS 5/6-4)
(from Ch. 122, par. 6-4)
Members of the regional board of school trustees
shall be elected at the regular election specified in the general
election law in each odd-numbered year.
(Source: P.A. 81-1490.)
105 ILCS 5/6-5
(105 ILCS 5/6-5)
(from Ch. 122, par. 6-5)
Qualifications and eligibility of voters.
A person is qualified to vote at an
election for members of the
regional board of school trustees who is a registered voter as provided in
the Election Code and has resided within the State and in the voting
precinct for 28 days immediately preceding the election, and who is a
citizen of the United States and has attained the age of 18 years.
Whenever a unit school district is located in more than one educational
service region, a qualified elector residing in that unit school district but
outside of the educational service region administered by the regional
superintendent of schools having supervision and control over that unit school
district shall be eligible to vote in any election held to elect members of the
regional board of school trustees for the educational service that is
administered by the regional superintendent of schools who has supervision and
control over that unit school district, but the elector shall not also be
eligible to vote in the election held to elect the members of the regional
board of school trustees for the educational service region in which the
Not less than 100 days before each nonpartisan election, the regional
superintendent of schools shall certify to the State Board of Elections a list
of each unit school district under his or her supervision and control and each
county in which all or any part of each of those districts is located. The
Board of Elections shall certify each of those unit school districts and
counties to the appropriate election authorities within 20 days after receiving
the list certified by the regional superintendent of schools.
The election authority in a single county educational service region whose
regional superintendent of schools exercises supervision and control over a
unit school district that is located in that single county educational service
region and in one or more other educational service regions shall certify to
the election authority of each of those other educational service regions in
which the unit school district is located the candidates for members of the
regional board of school trustees for the educational service region that is
administered by the regional superintendent of schools exercising supervision
and control over that unit school district.
(Source: P.A. 88-535.)