Public Act 93-0309

HB0338 Enrolled                      LRB093 04622 NHT 04675 b

    AN ACT relating to schools.

    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 10-3, 10-10, 33-2, and 34-4 as follows:

    (105 ILCS 5/10-3) (from Ch. 122, par. 10-3)
    Sec. 10-3. Eligibility of directors.   Any person who, on
the date of his or her election, is a citizen of  the  United
States,  of the age of 18 years or over, is a resident of the
State and of the territory of the district for at  least  one
year   immediately  preceding  his  or  her  election,  is  a
registered voter as provided in the general election law, and
is not a school trustee or a school treasurer, and is  not  a
child  sex  offender  as  defined  in  Section  11-9.3 of the
Criminal Code of 1961, shall be eligible  to  the  office  of
school director.
(Source: P.A. 81-1490.)

    (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
    Sec.  10-10.  Board  of  education;  Term; Vacancy.   All
school districts having a population of not fewer than  1,000
and  not more than 500,000 inhabitants, as ascertained by any
special or general census, and not governed by special  Acts,
shall  be  governed  by  a board of education consisting of 7
members,  serving  without  compensation  except  as   herein
provided.  Each member shall be elected for a term of 4 years
except  as  otherwise provided in subsection (a-5) of Section
11B-7 for the initial members of the board of education of  a
combined school district to which that subsection applies. If
5  members  are  elected in 1983 pursuant to the extension of
terms provided by law  for  transition  to  the  consolidated
election  schedule under the general election law, 2 of those
members shall be elected to serve terms  of  2  years  and  3
shall  be elected to serve terms of 4 years; their successors
shall serve for a 4 year term.  When the voters of a district
have voted to elect members of the board of education  for  6
year  terms,  as provided in Section 9-5, the terms of office
of members of the board of education of that district  expire
when their successors assume office but not later than 7 days
after  such  election. If at the regular school election held
in the first odd-numbered year  after  the  determination  to
elect  members  for  6 year terms 2 members are elected, they
shall serve for a 6 year term; and of the members elected  at
the  next regular school election 3 shall serve for a term of
6 years and 2 shall serve a  term  of  2  years.   Thereafter
members  elected  in  such  districts shall be elected to a 6
year term.  If at the regular school  election  held  in  the
first  odd-numbered  year  after  the  determination to elect
members for 6 year terms 3 members are  elected,  they  shall
serve  for  a  6 year term; and of the members elected at the
next regular school election 2 shall serve for a  term  of  2
years  and  2  shall serve for a term of 6 years.  Thereafter
members elected in such districts shall be  elected  to  a  6
year  term.   If  at  the regular school election held in the
first odd-numbered year  after  the  determination  to  elect
members for 6 year terms 4 members are elected, 3 shall serve
for  a  term  of  6 years and one shall serve for a term of 2
years; and of the members elected at the next regular  school
election 2 shall serve for terms of 6 years and 2 shall serve
for  terms  of  2  years.  Thereafter members elected in such
districts shall be elected to a  6  year  term.   If  at  the
regular  school  election held in the first odd-numbered year
after the determination to elect members for a 6 year term  5
members  are elected, 3 shall serve for a term of 6 years and
2 shall serve for a term of  2  years;  and  of  the  members
elected at the next regular school election 2 shall serve for
terms  of  6  years  and  2 shall serve for terms of 2 years.
Thereafter members elected in such districts shall be elected
to a 6 year term.  An election for board members shall not be
held in school districts which by  consolidation,  annexation
or otherwise shall cease to exist as a school district within
6  months  after the election date, and the term of all board
members which would otherwise terminate  shall  be  continued
until  such district shall cease to exist. Each member shall,
on the date of his or her election, shall be a citizen of the
United States of the age of 18 years  or  over,  shall  be  a
resident  of  the State and the territory of the district for
at least one year immediately preceding his or her  election,
shall  be  a  registered  voter  as  provided  in the general
election law, and shall not be a school trustee or  a  school
treasurer,  and  shall not be a child sex offender as defined
in Section 11-9.3 of the Criminal Code  of  1961.   When  the
board  of education is the successor of the school directors,
all rights of property, and all rights  regarding  causes  of
action existing or vested in such directors, shall vest in it
as  fully as they were vested in the school directors.  Terms
of members are subject to Section 2A-54 of the Election Code.
    Nomination papers filed under this Section are not  valid
unless  the  candidate named therein files with the secretary
of the board of education or with a person designated by  the
board  to  receive  nominating  petitions  a receipt from the
county clerk showing that the candidate has filed a statement
of  economic  interests   as   required   by   the   Illinois
Governmental  Ethics  Act.    Such  receipt shall be so filed
either previously during  the  calendar  year  in  which  his
nomination  papers  were  filed  or within the period for the
filing of nomination papers in accordance  with  the  general
election law.
    Whenever  a  vacancy  occurs, the remaining members shall
notify the regional superintendent of that vacancy  within  5
days  after  its  occurrence  and  shall  proceed to fill the
vacancy until the next  regular  school  election,  at  which
election  a successor shall be elected to serve the remainder
of the unexpired term.  However, if the vacancy  occurs  with
less  than  868 days remaining in the term, or if the vacancy
occurs less than 88 days before the next regularly  scheduled
election  for  this office then the person so appointed shall
serve the remainder of the unexpired term, and no election to
fill the vacancy shall be held. Should they fail so  to  act,
within  45  days  after  the  vacancy  occurs,  the  regional
superintendent of schools under whose supervision and control
the  district  is  operating, as defined in Section 3-14.2 of
this Act, shall within 30 days after  the  remaining  members
have failed to fill the vacancy, fill the vacancy as provided
for  herein.  Upon  the  regional superintendent's failure to
fill the vacancy, the vacancy shall be  filled  at  the  next
regularly  scheduled  election.  Whether elected or appointed
by the remaining  members  or  regional  superintendent,  the
successor  shall be an inhabitant of the particular area from
which his or her predecessor was elected if  the  residential
requirements  contained  in  Section 11A-8, 11B-7, or 12-2 of
this Act apply.
(Source: P.A. 89-129, eff.  7-14-95;  89-579,  eff.  7-30-96;
90-358,  eff.  1-1-98;  90-459,  eff.  8-17-97;  90-655, eff.
7-30-98.)

    (105 ILCS 5/33-2) (from Ch. 122, par. 33-2)
    Sec. 33-2. Eligibility. To be eligible  for  election  to
the  board, a person shall be a citizen of the United States,
and shall have been a resident of the district for  at  least
one  1  year  immediately  preceding his or her election, and
shall not be a child  sex  offender  as  defined  in  Section
11-9.3  of  the Criminal Code of 1961. Permanent removal from
the district by any member constitutes a resignation from and
creates a vacancy in the board.  Board  members  shall  serve
without compensation.
    Notwithstanding  any  provisions  to  the contrary in any
special charter,  petitions  nominating  candidates  for  the
board  of education shall be signed by at least 200 voters of
the district; and the polls, whether they be located within a
city lying in the district or outside of a city, shall remain
open during the hours specified in the Election Code.
(Source: Laws 1961, p. 31.)

    (105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
    Sec. 34-4.  Eligibility. To be eligible  for  appointment
to  the  board,  a  person  shall  be a citizen of the United
States, shall be  a  registered  voter  as  provided  in  the
Election  Code, as heretofore or hereafter amended, and shall
have been a resident  of  the  city  for  at  least  3  years
immediately  preceding  his or her appointment, and shall not
be a child sex offender as defined in Section 11-9.3  of  the
Criminal Code of 1961. Permanent removal from the city by any
member  of  the board during his term of office constitutes a
resignation therefrom and creates a  vacancy  in  the  board.
Except  for  the President of the Chicago School Reform Board
of Trustees who may be  paid  compensation  for  his  or  her
services  as  chief  executive  officer  as determined by the
Mayor as provided in subsection (a) of  Section  34-3,  board
members  shall serve without any compensation; provided, that
board members shall be reimbursed for expenses incurred while
in the performance of their duties upon submission of  proper
receipts  or  upon submission of a signed voucher in the case
of  an  expense  allowance  evidencing  the  amount  of  such
reimbursement or allowance to the president of the board  for
verification   and  approval.  The  board  of  education  may
continue to provide health care insurance coverage,  employer
pension  contributions,  employee  pension contributions, and
life insurance premium payments for an employee  required  to
resign  from  an  administrative, teaching, or career service
position in order to qualify as a  member  of  the  board  of
education.  They shall not hold other public office under the
Federal, State or any local government  other  than  that  of
Director  of the Regional Transportation Authority, member of
the economic  development  commission  of  a  city  having  a
population  exceeding 500,000, notary public or member of the
National Guard,  and  by  accepting  any  such  office  while
members  of  the  board,  or by not resigning any such office
held at the time of being appointed to the  board  within  30
days  after such appointment, shall be deemed to have vacated
their membership in the board.
(Source: P.A. 89-15, eff. 5-30-95.)