99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5254

 

Introduced , by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-10  from Ch. 122, par. 10-10

    Amends the School Code. Makes a technical change in a Section concerning boards of education.


LRB099 17371 NHT 41729 b

 

 

A BILL FOR

 

HB5254LRB099 17371 NHT 41729 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
510-10 as follows:
 
6    (105 ILCS 5/10-10)  (from Ch. 122, par. 10-10)
7    Sec. 10-10. Board of education; term; vacancy. All school
8districts having a population of not fewer than 1,000 and and
9not more than 500,000 inhabitants, as ascertained by any
10special or general census, and not governed by special Acts,
11shall be governed by a board of education consisting of 7
12members, serving without compensation except as herein
13provided. Each member shall be elected for a term of 4 years
14for the initial members of the board of education of a combined
15school district to which that subsection applies. If 5 members
16are elected in 1983 pursuant to the extension of terms provided
17by law for transition to the consolidated election schedule
18under the general election law, 2 of those members shall be
19elected to serve terms of 2 years and 3 shall be elected to
20serve terms of 4 years; their successors shall serve for a 4
21year term. When the voters of a district have voted to elect
22members of the board of education for 6 year terms, as provided
23in Section 9-5, the terms of office of members of the board of

 

 

HB5254- 2 -LRB099 17371 NHT 41729 b

1education of that district expire when their successors assume
2office but not later than 7 days after such election. If at the
3regular school election held in the first odd-numbered year
4after the determination to elect members for 6 year terms 2
5members are elected, they shall serve for a 6 year term; and of
6the members elected at the next regular school election 3 shall
7serve for a term of 6 years and 2 shall serve a term of 2 years.
8Thereafter members elected in such districts shall be elected
9to a 6 year term. If at the regular school election held in the
10first odd-numbered year after the determination to elect
11members for 6 year terms 3 members are elected, they shall
12serve for a 6 year term; and of the members elected at the next
13regular school election 2 shall serve for a term of 2 years and
142 shall serve for a term of 6 years. Thereafter members elected
15in such districts shall be elected to a 6 year term. If at the
16regular school election held in the first odd-numbered year
17after the determination to elect members for 6 year terms 4
18members are elected, 3 shall serve for a term of 6 years and
19one shall serve for a term of 2 years; and of the members
20elected at the next regular school election 2 shall serve for
21terms of 6 years and 2 shall serve for terms of 2 years.
22Thereafter members elected in such districts shall be elected
23to a 6 year term. If at the regular school election held in the
24first odd-numbered year after the determination to elect
25members for a 6 year term 5 members are elected, 3 shall serve
26for a term of 6 years and 2 shall serve for a term of 2 years;

 

 

HB5254- 3 -LRB099 17371 NHT 41729 b

1and of the members elected at the next regular school election
22 shall serve for terms of 6 years and 2 shall serve for terms
3of 2 years. Thereafter members elected in such districts shall
4be elected to a 6 year term. An election for board members
5shall not be held in school districts which by consolidation,
6annexation or otherwise shall cease to exist as a school
7district within 6 months after the election date, and the term
8of all board members which would otherwise terminate shall be
9continued until such district shall cease to exist. Each
10member, on the date of his or her election, shall be a citizen
11of the United States of the age of 18 years or over, shall be a
12resident of the State and the territory of the district for at
13least one year immediately preceding his or her election, shall
14be a registered voter as provided in the general election law,
15shall not be a school trustee, must not have been removed from
16a school board pursuant to Section 2-3.25f-5 of this Code
17(unless subsequently appointed as a member of an Independent
18Authority or if it has been 10 years since the abolition of the
19Independent Authority in the district), and shall not be a
20child sex offender as defined in Section 11-9.3 of the Criminal
21Code of 2012. When the board of education is the successor of
22the school directors, all rights of property, and all rights
23regarding causes of action existing or vested in such
24directors, shall vest in it as fully as they were vested in the
25school directors. Terms of members are subject to Section 2A-54
26of the Election Code.

 

 

HB5254- 4 -LRB099 17371 NHT 41729 b

1    Nomination papers filed under this Section are not valid
2unless the candidate named therein files with the county clerk
3or the county board of election commissioners, as the case may
4be, of the county in which the principal office of the school
5district is located a receipt from the county clerk showing
6that the candidate has filed a statement of economic interests
7as required by the Illinois Governmental Ethics Act. Such
8receipt shall be so filed either previously during the calendar
9year in which his nomination papers were filed or within the
10period for the filing of nomination papers in accordance with
11the general election law.
12    Whenever a vacancy occurs, the remaining members shall
13notify the regional superintendent of that vacancy within 5
14days after its occurrence and shall proceed to fill the vacancy
15until the next regular school election, at which election a
16successor shall be elected to serve the remainder of the
17unexpired term. However, if the vacancy occurs with less than
18868 days remaining in the term, or if the vacancy occurs less
19than 88 days before the next regularly scheduled election for
20this office then the person so appointed shall serve the
21remainder of the unexpired term, and no election to fill the
22vacancy shall be held. Should they fail so to act, within 45
23days after the vacancy occurs, the regional superintendent of
24schools under whose supervision and control the district is
25operating, as defined in Section 3-14.2 of this Act, shall
26within 30 days after the remaining members have failed to fill

 

 

HB5254- 5 -LRB099 17371 NHT 41729 b

1the vacancy, fill the vacancy as provided for herein. Upon the
2regional superintendent's failure to fill the vacancy, the
3vacancy shall be filled at the next regularly scheduled
4election. Whether elected or appointed by the remaining members
5or regional superintendent, the successor shall be an
6inhabitant of the particular area from which his or her
7predecessor was elected if the residential requirements
8contained in Section 10-10.5 or 12-2 of this Code apply.
9    A board of education may appoint a student to the board to
10serve in an advisory capacity. The student member shall serve
11for a term as determined by the board. The board may not grant
12the student member any voting privileges, but shall consider
13the student member as an advisor. The student member may not
14participate in or attend any executive session of the board.
15(Source: P.A. 97-1150, eff. 1-25-13; 98-115, eff. 7-29-13;
1698-1155, eff. 1-9-15.)