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90_SB1478
105 ILCS 5/10-1 from Ch. 122, par. 10-1
105 ILCS 5/10-4 from Ch. 122, par. 10-4
105 ILCS 5/10-5 from Ch. 122, par. 10-5
105 ILCS 5/10-6 from Ch. 122, par. 10-6
Amends the School Code. Provides for the election of a
7-member board of school directors to replace an existing
3-member board in a school district of fewer than 1,000
inhabitants at the first regular school election following
referendum approval of a proposition to that effect initiated
by petition of the lesser of 5% or 25 of the electors of the
district. Provides that when the 7 newly elected board
members take office, the terms of the 3 members who were
serving at the time the new members are elected shall expire.
Staggers the terms of the initial members of the 7-member
board by lot. Effective immediately.
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1 AN ACT to amend the School Code by changing Sections
2 10-1, 10-4, 10-5, and 10-6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 10-1, 10-4, 10-5, and 10-6 as follows:
7 (105 ILCS 5/10-1) (from Ch. 122, par. 10-1)
8 Sec. 10-1. Board of school directors.
9 (a) School districts having a population of fewer than
10 1000 inhabitants and not governed by any special act shall be
11 governed by a board of school directors to consist of 3
12 members who shall be elected in the manner provided in
13 Article 9 of this Act. In consolidated districts and in
14 districts in which the membership of the board of school
15 directors is increased as provided in subsection (b), 7
16 members shall be so elected.
17 (b) Upon presentment to the board of school directors of
18 a school district having a population of fewer than 1,000
19 inhabitants of a petition signed by the lesser of 5% or 25 of
20 the registered voters of the district to increase the
21 membership of the district's board of school directors to 7
22 directors and to elect a new 7-member board of school
23 directors to replace the district's existing board of 3
24 school directors, the clerk or secretary of the board of
25 school directors shall certify the proposition to the proper
26 election authorities for submission to the electors of the
27 district at a regular scheduled election in accordance with
28 the general election law. If the proposition is approved by
29 a majority of those voting on the proposition, the members of
30 the board of school directors of that district thereafter
31 shall be elected in the manner provided by subsection (c) of
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1 Section 10-4.
2 (Source: Laws 1961, p. 31.)
3 (105 ILCS 5/10-4) (from Ch. 122, par. 10-4)
4 Sec. 10-4. Election of directors.
5 (a) In all districts, directors shall be elected in each
6 odd-numbered year, each for a term of 4 years.
7 (b) In consolidated districts where 5 directors are
8 elected in 1981 pursuant to the extension of terms provided
9 by law for transition to the consolidated election schedule
10 under the general election law, those directors elected
11 shall, by lot, determine 2 of their number to serve 2 years
12 and 3 to serve 4 years; their successors shall serve for a 4
13 year term.
14 (c) If a proposition to increase the membership of a
15 school district's board of school directors to 7 directors
16 and to elect a new 7-member board of school directors to
17 replace the district's existing board of 3 school directors
18 is approved by the electors of the district at a regular
19 scheduled election as provided in subsection (b) of Section
20 10-1, 7 members shall be elected at the next regular school
21 election, in the manner provided by Article 9, to serve as
22 the board of school directors of that district. The terms of
23 office of the 3 members of the board of school directors
24 serving at the time of the election of the initial 7-member
25 board of school directors shall expire when the 7 newly
26 elected members of the initial 7-member board of school
27 directors assume office and are organized as provided in
28 Section 10-5. At their organizational meeting, the initial
29 members of the 7-member board of school directors shall by
30 lot determine 4 of their number to serve 4 year terms and 3
31 of their number to serve 2 year terms. Their successors
32 shall serve for a 4 year term.
33 (d) In all other districts, one school director shall be
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1 elected in each district every other odd-numbered year, and
2 two school directors shall be elected in the intervening
3 odd-numbered years.
4 (e) When a vacancy occurs in the membership of any on
5 the board of school directors the remaining members shall,
6 within 30 days, fill the vacancy by appointment until the
7 next regular school election, or, upon their failure so to
8 do, the regional superintendent shall make such appointment
9 within the next 30 days to fill the vacancy as herein
10 provided. Upon the regional superintendent's failure to
11 fill the vacancy, the vacancy shall be filled at the next
12 regularly scheduled election.
13 (Source: P.A. 85-1046.)
14 (105 ILCS 5/10-5) (from Ch. 122, par. 10-5)
15 Sec. 10-5. Organization of board - Report to treasurer
16 and regional superintendent of schools. Within 7 days after
17 the regular election of directors, the directors shall meet
18 and organize by appointing one of their number president and
19 another as clerk. The clerk shall at once report to the
20 treasurer and regional superintendent of schools the names of
21 the president and clerk so appointed. Terms of members are
22 subject to Section 2A-54 of the Election Code, except as
23 otherwise limited by subsection (c) of Section 10-4.
24 (Source: P.A. 90-358, eff. 1-1-98.)
25 (105 ILCS 5/10-6) (from Ch. 122, par. 10-6)
26 Sec. 10-6. Regular and special meetings. The directors
27 shall hold regular meetings at such times as they may
28 designate, and special meetings at the call of the president
29 or of any 2 members. Public notice of meetings must be given
30 as prescribed in Sections 2.02 and 2.03 of the Open Meetings
31 Act "An Act in relation to meetings", approved July 11, 1957,
32 as heretofore or hereafter amended. No official business
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1 shall be transacted by the directors except at a regular or a
2 special meeting. In consolidated districts and in districts
3 electing a 7-member board of school directors under
4 subsection (c) of Section 10-4, 4 directors shall constitute
5 a quorum for the transaction of business., In all other
6 districts 2 directors shall constitute a quorum for the
7 transaction of business. If the president or clerk is absent
8 from any meeting or refuses to perform his duties, a
9 president or clerk pro tempore shall be appointed. At each
10 regular and special meeting which is open to the public,
11 members of the public and employees of the district shall be
12 afforded time, subject to reasonable constraints, to comment
13 to or ask questions of the board. When the president or
14 district superintendent of schools receives a written
15 correspondence from a resident within the school district's
16 territory, requesting the consideration of a matter before
17 the board, the author of the correspondence shall receive a
18 formal written statement from an appointed official of the
19 board stating the board's position on their request, no later
20 than 60 days from the receipt of the correspondence by the
21 president or district superintendent of schools. The formal
22 written response from the board shall establish a meeting
23 before the board or list the reasons for denying the request.
24 (Source: P.A. 83-787.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.