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90_HB0574sam001
LRB9003008THpkam05
1 AMENDMENT TO HOUSE BILL 574
2 AMENDMENT NO. . Amend House Bill 574 on page 4, line
3 20, by replacing "and 7-9" with ", 7-9, 9-11.2, 9-12, 10-10,
4 10-16, and 11B-7"; and
5 on page 4, line 21, by replacing "7-7.5" with "7-2c, 7-7.5";
6 and
7 on page 8, by inserting below line 29 the following:
8 "(105 ILCS 5/7-2c new)
9 Sec. 7-2c. Change of school district boundaries
10 following annexation of vacant and unincorporated territory
11 to a contiguous municipality.
12 Notwithstanding any other provision of this Code, any
13 contiguous portion of an elementary school district may be
14 detached from that district and annexed to an adjoining
15 elementary school district, and any contiguous portion of a
16 high school district may be detached from that district and
17 annexed to an adjoining high school district, upon a petition
18 or petitions filed under this Section, when all of the
19 following conditions are met with respect to each petition so
20 filed:
21 (1) The portion of the district to be so detached
22 and annexed to an adjoining elementary or high school
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1 district consists of not more than 160 acres of vacant
2 land that is located in an unincorporated area of a
3 county of 2,000,000 or more inhabitants and, on the
4 effective date of this amendatory Act of 1997, is
5 contiguous to one municipality that is (i) wholly outside
6 the elementary or high school district from which the
7 vacant land is to be detached and (ii) located entirely
8 within the territorial boundaries of the adjoining
9 elementary or high school district to which the vacant
10 land is to be annexed.
11 (2) The equalized assessed valuation of the taxable
12 property located in the portion of the district that is
13 to be so detached and annexed to the adjoining elementary
14 or high school district constitutes less than 1% of the
15 equalized assessed valuation of the taxable property of
16 the district from which it is to be detached.
17 (3) The portion of the district to be so detached
18 and annexed to the adjoining elementary or high school
19 district is annexed to the contiguous municipality
20 pursuant to a petition for annexation filed and pending
21 with the annexing municipality upon the effective date of
22 this amendatory Act.
23 A petition filed under this Section shall be filed with
24 the State Superintendent of Education and shall be signed by
25 all of the owners of record of the vacant land that comprises
26 the portion of the district that is to be detached and
27 annexed to the adjoining elementary or high school district
28 under the provisions of this Section. The State
29 Superintendent shall: (i) hold a hearing on the petition
30 within 90 days after the date of filing; (ii) render a
31 decision granting or denying the petition within 30 days
32 after the hearing; and (iii) promptly serve a copy of the
33 decision by certified mail, return receipt requested, upon
34 the petitioners and upon the school boards of the school
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1 districts from which the territory described in the petition
2 is sought to be detached and to which that territory is
3 sought to be annexed.
4 The State Superintendent of Education has no authority or
5 discretion to hear any evidence or consider any issues at the
6 hearing except those that may be necessary to determine
7 whether the limitations and conditions of this Section have
8 been met.
9 The State Superintendent of Education: (i) shall give
10 written notice of the time and place of the hearing, not less
11 than 30 days prior to the date of the hearing, to the school
12 board of the school district from which the territory
13 described in the petition is to be detached and to the
14 school board of the school district to which that territory
15 is to be annexed; and (ii) shall publish notice of the
16 hearing in a newspaper that is published in the county in
17 which the territory described in the petition is located and
18 that has circulation within the school districts whose school
19 boards are entitled to written notice or the hearing.
20 In the event that the granting of a petition filed under
21 this Section has become final, either through failure to seek
22 administrative review or by the final decision of a court on
23 review, the change in boundaries shall become effective
24 forthwith and for all purposes, except that if the granting
25 of the petition becomes final between September 1 and June 30
26 of any year, the administration of and attendance at the
27 schools shall not be affected until the following July 1,
28 when the change in boundaries shall become effective for all
29 purposes. After the granting of a petition has become final,
30 the date when the change shall become effective for purposes
31 of administration and attendance may be accelerated or
32 postponed by stipulation of the school boards of the school
33 districts from which the territory described in the petition
34 is detached and to which that territory is annexed.
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1 The decision of the State Superintendent of Education
2 shall be deemed an "administrative decision" as defined in
3 Section 3-101 of the Administrative Review Law, and any
4 petitioner or the school board of a school district affected
5 by the detachment and annexation of the territory described
6 in the petition may within 35 days after a copy of the
7 decision sought to be reviewed was served by certified mail
8 upon the party affected thereby, or upon the attorney of
9 record for such party, apply for a review of such decision in
10 accordance with the Administrative Review Law, and all
11 amendments and modifications thereof and the rules adopted
12 pursuant thereto.
13 The commencement of any action for review shall operate
14 as a supersedeas, and no further proceedings shall be had
15 until final disposition of such review. The circuit court of
16 the county in which the petition is filed with the State
17 Superintendent of Education shall have sole jurisdiction to
18 entertain a complaint for such review.
19 This Section: (i) is not limited by and operates
20 independently of all other provisions of this Article, and
21 (ii) constitutes complete authority for the granting or
22 denial by the State Superintendent of Education of a petition
23 filed under this Section when the conditions prescribed by
24 this Section for the filing of that petition are met."; and
25 on page 21, by inserting below line 3 the following:
26 "(105 ILCS 5/9-11.2) (from Ch. 122, par. 9-11.2)
27 Sec. 9-11.2. For all school districts electing
28 candidates to a board of education in a manner other than at
29 large, candidates not elected at large who file nominating
30 petitions for a full term shall be grouped together by area
31 of residence as follows:
32 (1) by congressional townships, or
33 (2) according to incorporated or unincorporated areas,
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1 or.
2 (3) by affected school districts, if the form of ballot
3 prescribed by Format 2a or 2b of Section 9-12 is required to
4 be used for the election.
5 For all school districts electing candidates to a board
6 of education in a manner other than at large, candidates not
7 elected at large who file nominating petitions for an
8 unexpired term shall be grouped together by area of residence
9 as follows:
10 (1) by congressional townships, or
11 (2) according to incorporated or unincorporated areas,
12 or.
13 (3) by affected school districts, if the form of ballot
14 prescribed by Format 2a or 2b of Section 9-12 is required to
15 be used for the election.
16 Except in those instances when the ballot under Format 5
17 of Section 9-12 is required to be used, candidate groupings
18 by area of residence for full terms shall precede the
19 candidate groupings by area of residence for unexpired terms
20 on the ballot. In all instances, however, the ballot order of
21 each candidate grouping shall be determined by the order of
22 petition filing or lottery held pursuant to Section 9-11.1 in
23 the following manner:
24 The area of residence of the candidate determined to be
25 first by order of petition filing or by lottery shall be
26 listed first among the candidate groupings on the ballot.
27 All other candidates from the same area of residence will
28 follow according to order of petition filing or the lottery.
29 The area of residence of the candidate determined to be
30 second by the order of petition filing or the lottery shall
31 be listed second among the candidate groupings on the ballot.
32 All other candidates from the same area of residence will
33 follow according to the order of petition filing or the
34 lottery. The ballot order of additional candidate groupings
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1 by area of residence shall be established in a like manner.
2 "Area of Residence" means congressional township,
3 incorporated and unincorporated territories, and, if the form
4 of ballot prescribed by Format 2a or 2b of Section 9-12 is
5 required to be used in electing candidates to a board of
6 education, affected school districts.
7 "Affected school district" means either of the 2 entire
8 elementary school districts that are formed into a combined
9 school district established as provided in subsection (a-5)
10 of Section 11B-7.
11 (Source: P.A. 89-579, eff. 7-30-96.)
12 (105 ILCS 5/9-12) (from Ch. 122, par. 9-12)
13 Sec. 9-12. Ballots for the election of school officers
14 shall be in one of the following forms:
15 (FORMAT 1
16 Ballot position for candidates shall be determined by the
17 order of petition filing or lottery held pursuant to Section
18 9-11.1.
19 This format is used by Boards of School Directors.
20 School Directors are elected at large.)
21 OFFICIAL BALLOT
22 FOR MEMBERS OF THE BOARD OF SCHOOL
23 DIRECTORS TO SERVE A FULL 4-YEAR TERM
24 VOTE FOR ....
25 ( ) ........................................
26 ( ) ........................................
27 ( ) ........................................
28 FOR MEMBERS OF THE BOARD OF SCHOOL
29 DIRECTORS TO SERVE AN UNEXPIRED 2-YEAR TERM
30 VOTE FOR ....
31 ( ) .......................................
32 ( ) .......................................
33 ( ) .......................................
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1 (FORMAT 2
2 Ballot position for candidates shall be determined by the
3 order of petition filing or lottery held pursuant to Section
4 9-11.1.
5 This format is used when school board members are elected
6 at large. Membership on the school board is not restricted
7 by area of residence.
8 Types of school districts generally using this format
9 are:
10 Common school districts;
11 Community unit and community consolidated school
12 districts formed on or after January 1, 1975;
13 Community unit school districts formed prior to January
14 1, 1975 that elect board members at large and without
15 restriction by area of residence within the district under
16 subsection (c) of Section 11A-8;
17 Community unit, community consolidated and combined
18 school districts in which more than 90% of the population is
19 in one congressional township;
20 High school districts in which less than 15% of the
21 taxable property is located in unincorporated territory; and
22 unit districts (OLD TYPE);
23 Combined school districts formed on or after July 1,
24 1983;.)
25 Combined school districts formed before July 1, 1983 and
26 community consolidated school districts that elect board
27 members at large and without restriction by area of residence
28 within the district under subsection (c) of Section 11B-7.)
29 OFFICIAL BALLOT
30 FOR MEMBERS OF THE BOARD OF
31 EDUCATION TO SERVE A FULL 4-YEAR TERM
32 VOTE FOR ....
33 ( ) .......................................
34 ( ) .......................................
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1 ( ) .......................................
2 FOR MEMBERS OF THE BOARD OF
3 EDUCATION TO SERVE AN UNEXPIRED 2-YEAR TERM
4 VOTE FOR ....
5 ( ) .......................................
6 ( ) .......................................
7 ( ) .......................................
8 (FORMATS 2a and 2b
9 Ballot position for at large candidates shall be
10 determined by the order of petition filing or lottery held
11 pursuant to Section 9-11.1 and ballot position for candidates
12 grouped by "affected school district", as that term is
13 defined in Section 9-11.2, shall be determined by order of
14 petition filing or lottery held pursuant to Sections 9-11.1
15 and 9-11.2.
16 Format 2a is used only in electing, to unstaggered terms
17 expiring on the date of the regular school election held in
18 calendar year 2001, the initial 7 members of the board of
19 education of a combined school district that is established
20 as provided in subsection (a-5) of Section 11B-7, and Format
21 2b is used only in electing, when required under Section
22 10-10, a successor to serve the remainder of the unstaggered,
23 unexpired term of any such initial board member in whose
24 office a vacancy has occurred.)
25 Format 2a:
26 OFFICIAL BALLOT
27 FOR MEMBERS OF THE BOARD OF EDUCATION
28 TO SERVE A FULL TERM EXPIRING ON
29 (Insert date of regular school election in 2001)
30 Instructions to voter: One member of the board of
31 education is to be elected at large from within the territory
32 included within the boundaries of (insert name of the
33 combined school district as proposed or formed), 3 members
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1 are to be elected from the territory included within the
2 boundaries of (former) Elementary School District No......,
3 and 3 members are to be elected from the territory included
4 within the boundaries of (former) Elementary School District
5 No.......
6 FOR THE MEMBER
7 OF THE BOARD OF EDUCATION
8 TO BE ELECTED AT LARGE
9 VOTE FOR ONE
10 ( ) .......................................
11 ( ) .......................................
12 FOR MEMBERS OF
13 THE BOARD OF EDUCATION
14 TO BE ELECTED FROM
15 (FORMER) ELEMENTARY SCHOOL DISTRICT NO. ....
16 VOTE FOR THREE
17 ( ) .......................................
18 ( ) .......................................
19 ( ) .......................................
20 ( ) .......................................
21 FOR MEMBERS OF
22 THE BOARD OF EDUCATION
23 TO BE ELECTED FROM
24 (FORMER) ELEMENTARY SCHOOL DISTRICT NO. ....
25 VOTE FOR THREE
26 ( ) .......................................
27 ( ) .......................................
28 ( ) .......................................
29 ( ) .......................................
30 Format 2b:
31 OFFICIAL BALLOT
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1 FOR A MEMBER OF THE BOARD OF EDUCATION
2 TO BE ELECTED AT LARGE
3 TO SERVE AN UNEXPIRED TERM ENDING ON
4 (Insert date of regular school election in 2001)
5 VOTE FOR ONE
6 ( ) .......................................
7 ( ) .......................................
8 FOR MEMBERS (A MEMBER)
9 OF THE BOARD OF EDUCATION
10 TO BE ELECTED FROM
11 FORMER ELEMENTARY SCHOOL DISTRICT NO. ....
12 TO SERVE AN UNEXPIRED TERM ENDING ON
13 (Insert date of regular school election in 2001)
14 VOTE FOR ....
15 ( ) .......................................
16 ( ) .......................................
17 FOR MEMBERS (A MEMBER)
18 OF THE BOARD OF EDUCATION
19 TO BE ELECTED FROM
20 FORMER ELEMENTARY SCHOOL DISTRICT NO. ....
21 TO SERVE AN UNEXPIRED TERM ENDING ON
22 (Insert date of regular school election in 2001)
23 VOTE FOR ....
24 ( ) .......................................
25 ( ) .......................................
26 (FORMAT 3
27 Ballot position for incorporated and unincorporated areas
28 shall be determined by the order of petition filing or
29 lottery held pursuant to Sections 9-11.1 and 9-11.2.
30 This format is used by community unit, community
31 consolidated and combined school districts when the territory
32 is less than 2 congressional townships, or 72 square miles,
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1 but consists of more than one congressional township, or 36
2 square miles, outside of the corporate limits of any city,
3 ( ) ............................ village or incorporated
4 town within the school district. The School Code requires
5 that not more than 5 board members shall be selected from any
6 city, village or incorporated town in the school district.
7 At least two board members must reside in the unincorporated
8 area of the school district.
9 Except for those community unit school districts formed
10 before January 1, 1975 that elect board members at large and
11 without restriction by area of residence within the district
12 under subsection (c) of Section 11A-8 and except for combined
13 school districts formed before July 1, 1983 and community
14 consolidated school districts that elect board members at
15 large and without restriction by area of residence within the
16 district under subsection (c) of Section 11B-7, this format
17 applies to community unit and community consolidated school
18 districts formed prior to January 1, 1975 and combined school
19 districts formed prior to July 1, 1983.)
20 OFFICIAL BALLOT
21 Instructions to voter: The board of education shall be
22 composed of members from both the incorporated and the
23 unincorporated area; not more than 5 board members shall be
24 selected from any city, village or incorporated town.
25 On the basis of existing board membership, not more than
26 .... may be elected from the incorporated areas.
27 FOR MEMBERS OF THE BOARD OF EDUCATION
28 TO SERVE A FULL 4-YEAR TERM
29 VOTE FOR ....
30 ................... Area
31 ( ) ...........................
32 ( ) ...........................
33 ................... Area
34 ( ) ...........................
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1 ( ) ...........................
2 FOR MEMBERS OF THE BOARD OF EDUCATION
3 TO SERVE AN UNEXPIRED 2-YEAR TERM
4 VOTE FOR ....
5 ................... Area
6 ( ) ...........................
7 ( ) ...........................
8 ................... Area
9 ( ) ...........................
10 ( ) ...........................
11 (FORMAT 4
12 Ballot position for township areas shall be determined by
13 the order of petition filing or lottery held pursuant to
14 Sections 9-11.1 and 9-11.2.
15 Except for those community unit school districts formed
16 prior to January 1, 1975 that elect board members at large
17 and without restriction by area of residence within the
18 district under subsection (c) of Section 11A-8 and except for
19 those combined school districts formed before July 1, 1983
20 and community consolidated school districts that elect board
21 members at large and without restriction by area of residence
22 within the district under subsection (c) of Section 11B-7,
23 this format applies to community unit and community
24 consolidated school districts formed prior to January 1, 1975
25 and combined school districts formed prior to July 1, 1983
26 when the territory of the school district is greater than 2
27 congressional townships, or 72 square miles. This format
28 applies only when less than 75% of the population is in one
29 congressional township. Congressional townships of less than
30 100 inhabitants shall not be considered for the purpose of
31 such mandatory board representation. In this case, not more
32 than 3 board members may be selected from any one
33 congressional township.)
34 OFFICIAL BALLOT
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1 Instructions to voter: Membership on the board of
2 education is restricted to a maximum of 3 members from any
3 congressional township. On the basis of existing board
4 membership, members may be elected in the following numbers
5 from each congressional township.
6 Not more than .... may be elected from Township ....
7 Range ....
8 Not more than .... may be elected from Township ....
9 Range ....
10 Not more than .... may be elected from Township ....
11 Range ....
12 (Include each remaining congressional township in
13 district as needed)
14 FOR MEMBERS OF THE BOARD OF
15 EDUCATION TO SERVE A FULL 4-YEAR TERM
16 VOTE FOR ....
17 Township .............. Range ................
18 ( ) ............................
19 ( ) ............................
20 Township .............. Range ................
21 ( ) ............................
22 ( ) ............................
23 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
24 AN UNEXPIRED 2-YEAR TERM
25 VOTE FOR ....
26 Township .............. Range ................
27 ( ) ............................
28 ( ) ............................
29 Township .............. Range ................
30 ( ) ............................
31 ( ) ............................
32 (FORMAT 5
33 Ballot position for township areas shall be determined by
34 the order of petition filing or lottery held pursuant to
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1 Sections 9-11.1 and 9-11.2.
2 Except for those community unit school districts formed
3 before January 1, 1975 that elect board members at large and
4 without restriction by area of residence within the district
5 under subsection (c) of Section 11A-8 and except for those
6 combined school districts formed before July 1, 1983 and
7 community consolidated school districts that elect board
8 members at large and without restriction by area of residence
9 within the district under subsection (c) of Section 11B-7,
10 this format is used by community unit and community
11 consolidated school districts formed prior to January 1,
12 1975, and combined school districts formed prior to July 1,
13 1983, when the territory of the school district is greater
14 than 2 congressional townships, or 72 square miles and when
15 at least 75%, but not more than 90%, of the population
16 resides in one congressional township. In this case, 4
17 school board members shall be selected from that one
18 congressional township and the 3 remaining board members
19 shall be selected from the rest of the district. If a school
20 district from which school board members are to be selected
21 is located in a county under township organization and if the
22 surveyed boundaries of a congressional township from which
23 one or more of those school board members is to be selected,
24 as described by township number and range, are coterminous
25 with the boundaries of the township as identified by the
26 township name assigned to it as a political subdivision of
27 the State, then that township may be referred to on the
28 ballot by both its township name and by township number and
29 range.)
30 OFFICIAL BALLOT
31 Instructions to voter: Membership on the board of
32 education is to consist of 4 members from the congressional
33 township that has at least 75% but not more than 90% of the
34 population, and 3 board members from the remaining
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1 congressional townships in the school district. On the basis
2 of existing board membership, members may be elected in the
3 following numbers from each congressional township.
4 FOR MEMBER OF THE BOARD OF EDUCATION
5 TO SERVE AN UNEXPIRED 2-YEAR TERM
6 FROM (name)........ TOWNSHIP ..... RANGE .....
7 VOTE FOR ONE
8 ( )..........................
9 ( )..........................
10 FOR MEMBERS OF THE BOARD OF EDUCATION
11 TO SERVE A FULL 4-YEAR TERM;
12 VOTE FOR ....
13 ..... shall be elected from (name)...... Township .....
14 Range .....; ...... board members shall be elected from the
15 remaining congressional townships.
16 (name)....... TOWNSHIP ..... RANGE .....
17 ( ) ............................
18 ( ) ............................
19 The Remaining Congressional Townships
20 ( ) ............................
21 ( ) ............................
22 (FORMAT 6
23 Ballot position for candidates shall be determined by the
24 order of petition filing or lottery held pursuant to Section
25 9-11.1.
26 This format is used by school districts in which voters
27 have approved a referendum to elect school board members by
28 school board district. The school district is then divided
29 into 7 school board districts, each of which elects one
30 member to the board of education.)
31 OFFICIAL BALLOT
32 DISTRICT ....... (1 through 7)
33 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
34 A FULL 4-YEAR TERM
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1 VOTE FOR ONE
2 ( ) .....................................
3 ( ) .....................................
4 ( ) .....................................
5 (-OR-)
6 OFFICIAL BALLOT
7 DISTRICT ....... (1 through 7)
8 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
9 AN UNEXPIRED 2-YEAR TERM
10 VOTE FOR ONE
11 ( ) .....................................
12 ( ) .....................................
13 ( ) .....................................
14 REVERSE SIDE:
15 OFFICIAL BALLOT
16 DISTRICT ....... (1 through 7)
17 (Precinct name or number)
18 School District No. ......, ........... County, Illinois
19 Election Tuesday ..................., 19......
20 (facsimile signature of Election Authority)
21 (County)
22 (FORMAT 7
23 Ballot position for incorporated and unincorporated areas
24 shall be determined by the order of petition filing or
25 lottery held pursuant to Sections 9-11.1 and 9-11.2.
26 This format is used by high school districts if more than
27 15% but less than 30% of the taxable property is located in
28 the unincorporated territory of the school district. In this
29 case, at least one board member shall be a resident of the
30 unincorporated territory.)
31 OFFICIAL BALLOT
32 Instructions to voter: More than 15% but less than 30% of
33 the taxable property of this high school district is located
34 in the unincorporated territory of the district, therefore,
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1 at least one board member shall be a resident of the
2 unincorporated areas.
3 On the basis of existing board membership, at least one
4 member shall be elected from the unincorporated area.
5 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
6 A FULL 4-YEAR TERM
7 VOTE FOR ....
8 ................... Area
9 ( ) ...........................
10 ( ) ...........................
11 ................... Area
12 ( ) ...........................
13 ( ) ...........................
14 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
15 AN UNEXPIRED 2-YEAR TERM
16 VOTE FOR ....
17 ................... Area
18 ( ) ...........................
19 ( ) ...........................
20 ................... Area
21 ( ) ...........................
22 ( ) ...........................
23 (FORMAT 7a
24 Ballot position for candidates shall be determined by the
25 order of petition filing or lottery held pursuant to Sections
26 9-11.1 and 9-11.2.
27 This format is used by high school districts if more than
28 15% but less than 30% of the taxable property is located in
29 the unincorporated territory of the school district and on
30 the basis of existing board membership no board member is
31 required to be elected from the unincorporated area.)
32 OFFICIAL BALLOT
33 Instruction to voter: More than 15% but less than 30% of
34 the taxable property of this high school district is located
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1 in the unincorporated territory of the district, therefore,
2 at least one board member shall be a resident of the
3 unincorporated areas.
4 On the basis of existing board membership, members may be
5 elected from any area or areas.
6 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
7 A FULL 4-YEAR TERM
8 VOTE FOR ....
9 ( ) ........................................
10 ( ) ........................................
11 ( ) ........................................
12 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
13 AN UNEXPIRED 2-YEAR TERM
14 VOTE FOR ....
15 ( ) ........................................
16 ( ) ........................................
17 ( ) ........................................
18 (FORMAT 8
19 Ballot position for incorporated and unincorporated areas
20 shall be determined by the order of petition filing or
21 lottery held pursuant to Sections 9-11.1 and 9-11.2.
22 This format is used by high school districts if more than
23 30% of the taxable property is located in the unincorporated
24 territory of the school district. In this case, at least two
25 board members shall be residents of the unincorporated
26 territory.)
27 OFFICIAL BALLOT
28 Instructions to voters: Thirty percent (30%) or more of
29 the taxable property of this high school district is located
30 in the unincorporated territory of the district, therefore,
31 at least two board members shall be residents of the
32 unincorporated territory.
33 On the basis of existing board membership at least 2
34 members shall be elected from the unincorporated area.
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1 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
2 A FULL 4-YEAR TERM
3 VOTE FOR ....
4 ................... Area
5 ( ) ...........................
6 ( ) ...........................
7 ................... Area
8 ( ) ...........................
9 ( ) ...........................
10 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
11 AN UNEXPIRED 2-YEAR TERM
12 VOTE FOR ....
13 ................... Area
14 ( ) ...........................
15 ( ) ...........................
16 ................... Area
17 ( ) ...........................
18 ( ) ...........................
19 (FORMAT 8a
20 Ballot position for incorporated and unincorporated areas
21 shall be determined by the order of petition filing or
22 lottery held pursuant to Sections 9-11.1 and 9-11.2.
23 This format is used by high school districts if more than
24 30% of the taxable property is located in the unincorporated
25 territory of the school district. In this case, at least two
26 board members shall be residents of the unincorporated
27 territory.)
28 OFFICIAL BALLOT
29 Instructions to voters: Thirty percent (30%) or more of
30 the taxable property of this high school district is located
31 in the unincorporated territory of the district, therefore,
32 at least two board members shall be residents of the
33 unincorporated territory.
34 On the basis of existing board membership at least one
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1 member shall be elected from the unincorporated area.
2 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
3 A FULL 4-YEAR TERM
4 VOTE FOR ....
5 ................... Area
6 ( ) ...........................
7 ( ) ...........................
8 ................... Area
9 ( ) ...........................
10 ( ) ...........................
11 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
12 AN UNEXPIRED 2-YEAR TERM
13 VOTE FOR ....
14 ................... Area
15 ( ) ...........................
16 ( ) ...........................
17 ................... Area
18 ( ) ...........................
19 ( ) ...........................
20 (FORMAT 8b
21 Ballot position for incorporated and unincorporated areas
22 shall be determined by the order of petition filing or
23 lottery held pursuant to Sections 9-11.1 and 9-11.2.
24 This format is used by high school districts if more than
25 30% of the taxable property is located in the unincorporated
26 territory of the school district. In this case, at least two
27 board members shall be residents of the unincorporated
28 territory.)
29 OFFICIAL BALLOT
30 Instructions to voters: Thirty percent (30%) or more of
31 the taxable property of this high school district is located
32 in the unincorporated territory of the district, therefore,
33 at least two board members shall be residents of the
34 unincorporated territory.
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1 On the basis of existing board membership, members may be
2 elected from any area or areas.
3 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
4 A FULL 4-YEAR TERM
5 VOTE FOR ....
6 ( ) ...........................
7 ( ) ...........................
8 ( ) ...........................
9 ( ) ...........................
10 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
11 AN UNEXPIRED 2-YEAR TERM
12 VOTE FOR ....
13 ( ) ...........................
14 ( ) ...........................
15 ( ) ...........................
16 ( ) ...........................
17 (Source: P.A. 89-129, eff. 7-14-95; 89-416, eff. 11-22-95;
18 89-579, eff. 7-30-96; revised 10-24-96.)
19 (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
20 Sec. 10-10. Board of education - Term - Vacancy. All
21 school districts having a population of not fewer than 1,000
22 and not more than 500,000 inhabitants, as ascertained by any
23 special or general census, and not governed by special Acts,
24 shall be governed by a board of education consisting of 7
25 members, serving without compensation except as herein
26 provided. Each member shall be elected for a term of 4 years
27 except as otherwise provided in subsection (a-5) of Section
28 11B-7 for the initial members of the board of education of a
29 combined school district to which that subsection applies. If
30 5 members are elected in 1983 pursuant to the extension of
31 terms provided by law for transition to the consolidated
32 election schedule under the general election law, 2 of those
33 members shall be elected to serve terms of 2 years and 3
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1 shall be elected to serve terms of 4 years; their successors
2 shall serve for a 4 year term. When the voters of a district
3 have voted to elect members of the board of education for 6
4 year terms, as provided in Section 9-5, the terms of office
5 of members of the board of education of that district expire
6 when their successors assume office but not later than 7 days
7 after such election. If at the regular school election held
8 in the first odd-numbered year after the determination to
9 elect members for 6 year terms 2 members are elected, they
10 shall serve for a 6 year term; and of the members elected at
11 the next regular school election 3 shall serve for a term of
12 6 years and 2 shall serve a term of 2 years. Thereafter
13 members elected in such districts shall be elected to a 6
14 year term. If at the regular school election held in the
15 first odd-numbered year after the determination to elect
16 members for 6 year terms 3 members are elected, they shall
17 serve for a 6 year term; and of the members elected at the
18 next regular school election 2 shall serve for a term of 2
19 years and 2 shall serve for a term of 6 years. Thereafter
20 members elected in such districts shall be elected to a 6
21 year term. If at the regular school election held in the
22 first odd-numbered year after the determination to elect
23 members for 6 year terms 4 members are elected, 3 shall serve
24 for a term of 6 years and one shall serve for a term of 2
25 years; and of the members elected at the next regular school
26 election 2 shall serve for terms of 6 years and 2 shall serve
27 for terms of 2 years. Thereafter members elected in such
28 districts shall be elected to a 6 year term. If at the
29 regular school election held in the first odd-numbered year
30 after the determination to elect members for a 6 year term 5
31 members are elected, 3 shall serve for a term of 6 years and
32 2 shall serve for a term of 2 years; and of the members
33 elected at the next regular school election 2 shall serve for
34 terms of 6 years and 2 shall serve for terms of 2 years.
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1 Thereafter members elected in such districts shall be elected
2 to a 6 year term. An Election for board members shall not be
3 held in school districts which by consolidation, annexation
4 or otherwise shall cease to exist as a school district within
5 six months after the election date, and the term of all board
6 members which would otherwise terminate shall be continued
7 until such district shall cease to exist. Each member shall,
8 on the date of his election, be a citizen of the United
9 States of the age of 18 years or over, a resident of the
10 state and the territory of the district for at least one year
11 immediately preceding his election, a registered voter as
12 provided in the general election law, and shall not be a
13 school trustee or a school treasurer. When the board of
14 education is the successor of the school directors, all
15 rights of property, and all rights regarding causes of action
16 existing or vested in such directors, shall vest in it as
17 fully as they were vested in the school directors.
18 Nomination papers filed under this Section are not valid
19 unless the candidate named therein files with the secretary
20 of the board of education or with a person designated by the
21 board to receive nominating petitions a receipt from the
22 county clerk showing that the candidate has filed a statement
23 of economic interests as required by the Illinois
24 Governmental Ethics Act. Such receipt shall be so filed
25 either previously during the calendar year in which his
26 nomination papers were filed or within the period for the
27 filing of nomination papers in accordance with the general
28 election law.
29 Whenever a vacancy occurs, the remaining members shall
30 notify the regional superintendent of that vacancy within 5
31 days after its occurrence and shall proceed to fill the
32 vacancy until the next regular school election, at which
33 election a successor shall be elected to serve the remainder
34 of the unexpired term. However, if the vacancy occurs with
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1 less than 868 days remaining in the term, or if the vacancy
2 occurs less than 88 days before the next regularly scheduled
3 election for this office then the person so appointed shall
4 serve the remainder of the unexpired term, and no election to
5 fill the vacancy shall be held. Should they fail so to act,
6 within 45 days after the vacancy occurs, the regional
7 superintendent of schools under whose supervision and control
8 the district is operating, as defined in Section 3-14.2 of
9 this Act, shall within 30 days after the remaining members
10 have failed to fill the vacancy, fill the vacancy as provided
11 for herein. Upon the regional superintendent's failure to
12 fill the vacancy, the vacancy shall be filled at the next
13 regularly scheduled election. Whether elected or appointed
14 by the remaining members or regional superintendent, the
15 successor shall be an inhabitant of the particular area from
16 which his or her predecessor was elected if the residential
17 requirements contained in Section 11A-8, 11B-7, or 12-2 of
18 this Act apply.
19 (Source: P.A. 89-129, eff. 7-14-95; 89-579, eff. 7-30-96.)
20 (105 ILCS 5/10-16) (from Ch. 122, par. 10-16)
21 Sec. 10-16. Organization of Board. Within 7 days after
22 the election the board shall organize by electing its
23 officers and fixing a time and place for the regular
24 meetings. It shall then enter upon the discharge of its
25 duties.
26 The regional superintendent of schools having supervision
27 and control over the district as provided in Section 3-14.2
28 of this Act shall convene the newly elected board within 7
29 days after the election of the board of education of any new
30 district governed by this Act, whereupon the board shall
31 proceed to organize by electing 1 of their number as
32 president and electing a secretary, who may or may not be a
33 member. At such meeting the length of term of each of the
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1 members shall be determined by lot so that 4 shall serve for
2 4 years, and 3 for 2 years from the commencement of their
3 terms; provided, however, if such members were not elected at
4 the nonpartisan election in an odd-numbered year, such
5 initial terms shall be extended to the nonpartisan election
6 for school board members immediately following the expiration
7 of the initial 4 or 2 year terms. The provisions of this
8 paragraph that relate to the determination of terms by lot
9 shall not apply to the initial members of the board of
10 education of a combined school district who are to be elected
11 to unstaggered terms as provided in subsection (a-5) of
12 Section 11B-7. The terms of the officers shall be for 2 years
13 except that the board by resolution may establish a policy
14 for the terms of office to be one year, and provide for the
15 election of officers.
16 Special meetings of the board of education may be called
17 by the president or by any 3 members of the board by giving
18 notice thereof in writing, stating the time, place and
19 purpose of the meeting. Such notice may be served by mail 48
20 hours before such meeting or by personal service 24 hours
21 before such meeting. Public notice of meetings must also be
22 given as prescribed in Sections 2.02 and 2.03 of the Open
23 Meetings Act, as now or hereafter amended.
24 At each regular and special meeting which is open to the
25 public, members of the public and employees of the district
26 shall be afforded time, subject to reasonable constraints, to
27 comment to or ask questions of the board.
28 The president or district superintendent shall, at each
29 regular board meeting, report any requests made of the
30 district under provisions of The Freedom of Information Act
31 and shall report the status of the district's response.
32 (Source: P.A. 87-10.)
33 (105 ILCS 5/11B-7) (from Ch. 122, par. 11B-7)
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1 Sec. 11B-7. Passage requirements.
2 (a) Except as otherwise provided in subsection (a-5) of
3 this Section, if a majority of the electors voting at such
4 election held within the territory of the proposed combined
5 school district vote in favor of the establishment of such
6 combined school district, the proposition shall be deemed to
7 have passed. Unless the board of education of a new combined
8 school district is elected at the same election at which the
9 proposition establishing that district is deemed to have
10 passed, the regional superintendent of schools shall order an
11 election to be held on the next regularly scheduled election
12 date for the purpose of electing a board of education for
13 that district. In either event, the board of education
14 elected for a new combined school district created under this
15 Article shall consist of 7 members who shall have the terms
16 and the powers and duties of school boards as defined in
17 Article 10 of this Act, except that the initial members of
18 the board of education of a new combined school district to
19 which the provisions of subsection (a-5) apply shall be
20 elected to serve terms as provided in subsection (a-5) of
21 this Section. Nomination papers filed under this Section are
22 not valid unless the candidate named therein files with the
23 regional superintendent a receipt from the county clerk
24 showing that the candidate has filed a statement of economic
25 interest as required by the Illinois Governmental Ethics Act.
26 Such statement shall be so filed either previously during the
27 calendar year in which his nomination papers were filed or
28 within the period for the filing of nomination papers in
29 accordance with the general election law. The regional
30 superintendent shall perform the election duties assigned by
31 law to the secretary of a school board for such election, and
32 shall certify the officers and candidates therefor pursuant
33 to the general election law.
34 (a-5) If a petition is filed under this Article to form
-27- LRB9003008THpkam05
1 a combined school district from 2 contiguous, entire
2 elementary school districts (both of which districts are
3 located in a county with a population in excess of 175,000,
4 one of which districts has an enrollment for the 1996-1997
5 school year of not less than 70 nor more than 75 pupils and
6 not less than 340 nor more than 350 registered voters on the
7 effective date of this amendatory Act of 1997, and the other
8 of which districts has an enrollment for the 1996-1997 school
9 year of not less than 275 nor more than 280 pupils and not
10 less than 1600 nor more than 1610 registered voters on the
11 effective date of this amendatory Act of 1997), and if the
12 proposition to establish that combined school district is
13 submitted to the voters at the nonpartisan election in
14 November of 1997 or at any regular scheduled election during
15 calendar year 1998, then the proposition shall be deemed to
16 have passed if and only if a majority of the voters in each
17 of the 2 affected elementary school districts voting at the
18 election vote in favor of the establishment of the combined
19 school district. At the election at which the initial
20 members of the board of education of the new combined school
21 district are elected (whether they are elected at the same
22 election at which the proposition establishing the combined
23 school district is deemed to have passed or at the next
24 regularly scheduled election), one shall be elected at large
25 from within the territory that is to comprise the combined
26 school district, 3 shall be elected by area of residence
27 within the territory that, until the combined school district
28 is established, comprises one of the affected elementary
29 school districts that forms part of the combined school
30 district, and 3 shall be elected by area of residence within
31 the territory that, until the combined school district is
32 established, comprises the other affected elementary school
33 district that forms the remainder of the combined school
34 district. All 7 of the initial board members shall serve for
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1 unstaggered terms that expire when their successors are
2 elected and have organized in accordance with Section 10-16.
3 The immediate successors in office of the initial board
4 members of the combined school district shall be elected at
5 the regular school election held in calendar year 2001.
6 Those immediate successors and their successors in office
7 shall be elected at large from within the combined school
8 district and without restriction by area of residence for a
9 term of 4 years; provided that the terms of the board members
10 elected at the regular school election held in calendar year
11 2001 shall be staggered and determined in accordance with the
12 provisions of Section 10-16.
13 (b) Except as otherwise provided in subsection (c), for
14 school districts formed before July 1, 1983, if the territory
15 of such district is greater than 2 congressional townships or
16 72 square miles, then not more than 3 board members may be
17 selected from any one congressional township, but
18 congressional townships of less than 100 inhabitants shall
19 not be considered for the purpose of such mandatory board
20 representation, and in any such combined school district
21 where at least 75% but not more than 90% of the population is
22 in one congressional township 4 board members shall be
23 selected therefrom and 3 board members shall be selected from
24 the rest of the district, but in any such combined school
25 district where more than 90% of the population is in one
26 congressional township all board members may be selected from
27 one or more congressional townships; and whenever the
28 territory of any combined school district shall consist of
29 not more than 2 congressional townships or 72 square miles,
30 but shall consist of more than one congressional township, or
31 36 square miles, outside of the corporate limits of any city,
32 village or incorporated town within the school district, not
33 more than 5 board members shall be selected from any city,
34 village or incorporated town in such school district.
-29- LRB9003008THpkam05
1 (c) The provisions of subsection (b) for mandatory board
2 representation shall no longer apply to a combined school
3 district formed before July 1, 1983 or to community
4 consolidated school districts, and the members of the board
5 of education shall be elected at large from within the school
6 district and without restriction by area of residence within
7 the district if both of the following conditions are met with
8 respect to that district:
9 (1) A proposition for the election of board members
10 at large and without restriction by area of residence
11 within the district rather than in accordance with the
12 provisions of subsection (b) for mandatory board
13 representation is submitted to the school district's
14 voters at a regular school election or at the general
15 election as provided in this subsection (c).
16 (2) A majority of those voting at the election in
17 each congressional township comprising the territory of
18 the school district, including any congressional township
19 of less than 100 inhabitants, vote in favor of the
20 proposition.
21 The board of education of the school district may by
22 resolution order submitted or, upon the petition of the
23 lesser of 2,500 or 5% of the school district's registered
24 voters, shall order submitted to the school district's voters
25 at a regular school election or at the general election the
26 proposition for the election of board members at large and
27 without restriction by area of residence within the district
28 rather than in accordance with the provisions of subsection
29 (b) for mandatory board representation; and the proposition
30 shall thereupon be certified by the board's secretary for
31 submission. If a majority of those voting at the election in
32 each congressional township comprising the territory of the
33 school district, including any congressional township of less
34 than 100 inhabitants, vote in favor of the proposition: (i)
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1 the proposition to elect board members at large and without
2 restriction by area of residence within the district shall be
3 deemed to have passed, (ii) new members of the board shall be
4 elected at large and without restriction by area of residence
5 within the district at the next regular school election, and
6 (iii) the terms of office of the board members incumbent at
7 the time the proposition is adopted shall expire when the new
8 board members that are elected at large and without
9 restriction by area of residence within the district have
10 organized in accordance with Section 10-16. In a combined
11 school district or a community consolidated school district
12 that formerly elected its members under subsection (b) to
13 successive terms not exceeding 4 years, the members elected
14 at large and without restriction by area of residence within
15 the district shall be elected for a term of 4 years, and in a
16 combined school district that formerly elected its members
17 under subsection (b) to successive terms not exceeding 6
18 years, the members elected at large and without restriction
19 by area of residence within the district shall be elected for
20 a term of 6 years; provided, that in each case the terms of
21 the board members initially elected at large and without
22 restriction by area of residence within the district as
23 provided in this subsection shall be staggered and determined
24 in accordance with the provisions of Sections 10-10 and
25 10-16.
26 (Source: P.A. 89-129, eff. 7-14-95; 89-416, eff. 11-22-95.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming a law.".