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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | |||||||||||||||||||||
5 | 11A-8 and 11B-7 as follows:
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6 | (105 ILCS 5/11A-8) (from Ch. 122, par. 11A-8)
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7 | Sec. 11A-8. Passage requirements.
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8 | (a) Except as otherwise provided by
Section 11A-7, the | |||||||||||||||||||||
9 | proposition to create a community unit school district
shall be | |||||||||||||||||||||
10 | submitted only to the voters of the territory which comprises | |||||||||||||||||||||
11 | the
proposed community unit school district, and if a majority | |||||||||||||||||||||
12 | of the
voters in each of the affected school districts voting | |||||||||||||||||||||
13 | at such election
vote in favor of the establishment of such | |||||||||||||||||||||
14 | community unit school
district, the proposition shall be deemed | |||||||||||||||||||||
15 | to have passed. Unless the
board of education of a new | |||||||||||||||||||||
16 | community unit school district is elected at
the same election | |||||||||||||||||||||
17 | at which the proposition establishing that district is
deemed | |||||||||||||||||||||
18 | to have passed, the regional superintendent of schools shall | |||||||||||||||||||||
19 | order
an election to be held on the next regularly scheduled | |||||||||||||||||||||
20 | election date for
the purpose of electing a board of education | |||||||||||||||||||||
21 | for that district. In either
event, the board of education | |||||||||||||||||||||
22 | elected for a new community unit school
district created under | |||||||||||||||||||||
23 | this Article shall consist of 7 members who shall
have the | |||||||||||||||||||||
24 | terms and the powers and duties of school boards as defined in
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25 | Article 10 of this Act. Nomination papers filed under this | |||||||||||||||||||||
26 | Section are not
valid unless the candidate named therein files | |||||||||||||||||||||
27 | with the regional
superintendent a receipt from the county | |||||||||||||||||||||
28 | clerk showing that the candidate
has filed a statement of | |||||||||||||||||||||
29 | economic interests as required by the Illinois
Governmental | |||||||||||||||||||||
30 | Ethics Act. Such statement shall be so filed either
previously | |||||||||||||||||||||
31 | during the calendar year in which his nomination papers were
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32 | filed or within the period for the filing of nomination papers |
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1 | in
accordance with the general election law. The regional | ||||||
2 | superintendent
shall perform the election duties assigned by | ||||||
3 | law to the secretary of a
school board for such election, and | ||||||
4 | shall certify the officers and
candidates therefor pursuant to | ||||||
5 | the general election law.
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6 | (b) Except as otherwise provided in subsection (c), for | ||||||
7 | school
districts formed before January 1, 1975, if the | ||||||
8 | territory of such district
is greater than 2 congressional | ||||||
9 | townships or 72 square miles, then not more
than 3 board | ||||||
10 | members may be selected from any one congressional township,
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11 | but congressional townships of less than 100 inhabitants shall | ||||||
12 | not be
considered for the purpose of such mandatory board | ||||||
13 | representation, and in
any such community unit district where | ||||||
14 | at least 75% but not more than 90%
of the population is in one | ||||||
15 | congressional township 4 board members shall be
selected | ||||||
16 | therefrom and 3 board members shall be selected from the rest | ||||||
17 | of
the district, but in any such community unit district where | ||||||
18 | more than 90%
of the population is in one congressional | ||||||
19 | township all board members may be
selected from one or more | ||||||
20 | congressional townships; and whenever the
territory of any | ||||||
21 | community unit district shall consist of not more than 2
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22 | congressional townships or 72 square miles, but shall consist | ||||||
23 | of more than
one congressional township, or 36 square miles, | ||||||
24 | outside of the corporate
limits of any city, village or | ||||||
25 | incorporated town within the school
district, not more than 5 | ||||||
26 | board members shall be selected from any city,
village or | ||||||
27 | incorporated town in such school district.
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28 | (c) The provisions of subsection (b) for mandatory board
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29 | representation shall no longer apply to a community unit school | ||||||
30 | district
formed prior to January 1, 1975, and the members of | ||||||
31 | the board of education
shall be elected at large from within | ||||||
32 | that school district and without
restriction by area of | ||||||
33 | residence within the district if both of the
following
| ||||||
34 | conditions are met with respect to that district:
| ||||||
35 | (1) A proposition for the election of board members at | ||||||
36 | large
and
without restriction by area of residence within |
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1 | the district rather than in
accordance with the provisions | ||||||
2 | of subsection (b) for mandatory board
representation is
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3 | submitted to the school district's voters at a regular | ||||||
4 | school election or
at the general election as provided in | ||||||
5 | this subsection (c).
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6 | (2) A majority of those voting at the election in each
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7 | congressional
township of more than 100 inhabitants
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8 | comprising the territory of the school district , including | ||||||
9 | any
congressional township of less than 100 inhabitants,
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10 | vote in favor of the
proposition.
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11 | The board of education of the school district may by | ||||||
12 | resolution order
submitted or, upon the petition of the lesser | ||||||
13 | of 2,500 or 5% of the school
district's registered voters, | ||||||
14 | shall order submitted to the school
district's voters at a | ||||||
15 | regular school election or at the general election
the | ||||||
16 | proposition for the election of board members at large and | ||||||
17 | without
restriction by area of residence within the district | ||||||
18 | rather than in
accordance with the provisions of subsection (b) | ||||||
19 | for mandatory board
representation; and the proposition shall | ||||||
20 | thereupon be certified by the
board's secretary for submission. | ||||||
21 | If a majority of those voting at the
election in each | ||||||
22 | congressional township of more than 100 inhabitants comprising | ||||||
23 | the territory of the
school district , including any | ||||||
24 | congressional township of less than 100
inhabitants, vote in | ||||||
25 | favor of the proposition: (i) the proposition to elect board | ||||||
26 | members
at large and without restriction by area of residence | ||||||
27 | within the district
shall be deemed to have passed, (ii) new | ||||||
28 | members of the board shall be
elected at large and without | ||||||
29 | restriction by area of residence within the
district at the | ||||||
30 | next regular school election, and (iii) the terms of office
of | ||||||
31 | the board members incumbent at the time the proposition is | ||||||
32 | adopted shall
expire when the new board members that are | ||||||
33 | elected at large and without
restriction by area of residence | ||||||
34 | within the district have organized in
accordance with Section | ||||||
35 | 10-16. In a community unit school district that
formerly | ||||||
36 | elected its members under subsection (b) to successive terms |
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1 | not
exceeding 4 years, the members elected at large and without | ||||||
2 | restriction by
area of residence within the district shall be | ||||||
3 | elected for a term of 4
years, and in a community unit school | ||||||
4 | district that formerly elected its
members under subsection (b) | ||||||
5 | to successive terms not exceeding 6 years, the
members elected | ||||||
6 | at large and without restriction by area of residence
within | ||||||
7 | the district shall be elected for a term of 6 years; provided, | ||||||
8 | that
in each case the terms of the board members initially | ||||||
9 | elected at large and
without restriction by area of residence | ||||||
10 | within the district as provided in
this subsection shall be | ||||||
11 | staggered and determined in accordance with the
provisions of | ||||||
12 | Sections 10-10 and
10-16.
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13 | (Source: P.A. 89-129, eff. 7-14-95.)
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14 | (105 ILCS 5/11B-7) (from Ch. 122, par. 11B-7)
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15 | Sec. 11B-7. Passage requirements.
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16 | (a) Except as otherwise provided in subsection (a-5) of | ||||||
17 | this Section, if
a majority of the electors voting
at such | ||||||
18 | election held within the territory of the proposed combined | ||||||
19 | school
district vote in favor of the establishment of such | ||||||
20 | combined school district,
the proposition shall be deemed to | ||||||
21 | have passed. Unless the board of
education of a new combined | ||||||
22 | school district is elected at the same election
at which the | ||||||
23 | proposition establishing that district is deemed to have
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24 | passed, the regional superintendent of schools shall order an | ||||||
25 | election to
be held on the next regularly scheduled election | ||||||
26 | date for the purpose of
electing a board of education for that | ||||||
27 | district. In either event, the
board of education elected for a | ||||||
28 | new combined school district created under
this Article shall | ||||||
29 | consist of 7 members who shall have the terms and the
powers | ||||||
30 | and duties of school boards as defined in Article 10 of this | ||||||
31 | Act,
except that the initial members of the board of education | ||||||
32 | of a new combined
school district to which the provisions of | ||||||
33 | subsection (a-5) apply shall be
elected to serve terms as | ||||||
34 | provided in subsection (a-5) of this Section.
Nomination papers | ||||||
35 | filed under this Section are not valid unless the
candidate |
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1 | named therein files with the regional superintendent a receipt
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2 | from the county clerk showing that the candidate has filed a | ||||||
3 | statement of
economic interest as required by the Illinois | ||||||
4 | Governmental Ethics Act.
Such statement shall be so filed | ||||||
5 | either previously during the calendar year
in which his | ||||||
6 | nomination papers were filed or within the period for the
| ||||||
7 | filing of nomination papers in accordance with the general | ||||||
8 | election law.
The regional superintendent shall perform the | ||||||
9 | election duties assigned by
law to the secretary of a school | ||||||
10 | board for such election, and shall certify
the officers and | ||||||
11 | candidates therefor pursuant to the general election law.
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12 | (a-5) If a petition is filed under this Article to form a | ||||||
13 | combined school
district from 2 contiguous, entire elementary | ||||||
14 | school districts (both of which
districts are located in a | ||||||
15 | county with a population in excess of 175,000, one
of
which | ||||||
16 | districts has an enrollment for the 1996-1997 school year of | ||||||
17 | not less
than 70 nor more than 75 pupils and not less than 340 | ||||||
18 | nor more than 350
registered voters on the effective date of | ||||||
19 | this amendatory Act of 1997, and the
other of which districts | ||||||
20 | has an enrollment for the 1996-1997 school year of not
less | ||||||
21 | than 275 nor more than 280 pupils and not less than 1600 nor | ||||||
22 | more than
1610 registered voters on the effective date of this | ||||||
23 | amendatory Act of 1997),
and if the proposition to establish | ||||||
24 | that combined school district is submitted
to the voters at the | ||||||
25 | nonpartisan election in November of 1997 or at any regular
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26 | scheduled election during calendar year 1998, then the | ||||||
27 | proposition shall be
deemed to have passed if and only if a | ||||||
28 | majority of the voters in each of the 2
affected elementary | ||||||
29 | school districts voting at the election vote in favor of
the | ||||||
30 | establishment of the combined school district. At the election | ||||||
31 | at which
the
initial members of the board of education of the | ||||||
32 | new combined school district
are elected (whether they are | ||||||
33 | elected at the same election at which the
proposition | ||||||
34 | establishing the combined school district is deemed to have | ||||||
35 | passed
or at the next regularly scheduled election), one shall | ||||||
36 | be elected at large
from within the territory that is to |
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1 | comprise the combined school district, 3
shall be elected by | ||||||
2 | area of residence within the territory that, until the
combined | ||||||
3 | school district is established, comprises one of the affected
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4 | elementary school districts that forms part of the combined | ||||||
5 | school district,
and 3 shall be elected by area of residence | ||||||
6 | within the territory that, until
the combined school district | ||||||
7 | is established, comprises the other affected
elementary school | ||||||
8 | district that forms the remainder of the combined school
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9 | district. All 7 of the initial board members shall serve for | ||||||
10 | unstaggered terms
that expire when their successors are elected | ||||||
11 | and have organized in accordance
with Section 10-16. The | ||||||
12 | immediate successors in office of the initial board
members of | ||||||
13 | the combined school district shall be elected at the regular | ||||||
14 | school
election held in calendar year 2001. Those immediate | ||||||
15 | successors and their
successors in office shall be elected at | ||||||
16 | large from within the combined school
district and without | ||||||
17 | restriction by area of residence for a term of 4 years;
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18 | provided that the terms of the board members elected at
the | ||||||
19 | regular school election held in calendar year 2001 shall be | ||||||
20 | staggered and
determined in accordance with the provisions of | ||||||
21 | Section 10-16.
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22 | (b) Except as otherwise provided in subsection (c), for | ||||||
23 | school districts
formed before July 1, 1983, if the territory | ||||||
24 | of such
district is greater than 2 congressional townships or | ||||||
25 | 72 square miles, then
not more than 3 board members may be | ||||||
26 | selected from any one congressional
township, but | ||||||
27 | congressional townships of less than 100 inhabitants shall
not | ||||||
28 | be considered for the purpose of such mandatory board | ||||||
29 | representation,
and in any such combined school district where | ||||||
30 | at least 75% but not more
than 90% of the population is in one | ||||||
31 | congressional township 4 board members
shall be selected | ||||||
32 | therefrom and 3 board members shall be selected from the
rest | ||||||
33 | of the district, but in any such combined school district where | ||||||
34 | more
than 90% of the population is in one congressional | ||||||
35 | township all board
members may be selected from one or more | ||||||
36 | congressional townships; and
whenever the territory of any |
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1 | combined school district shall consist of not
more than 2 | ||||||
2 | congressional townships or 72 square miles, but shall consist
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3 | of more than one congressional township, or 36 square miles, | ||||||
4 | outside of the
corporate limits of any city, village or | ||||||
5 | incorporated town within the
school district, not more than 5 | ||||||
6 | board members shall be selected from any
city, village or | ||||||
7 | incorporated town in such school district.
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8 | (c) The provisions of subsection (b) for mandatory board | ||||||
9 | representation
shall no longer apply to a combined school | ||||||
10 | district formed before July 1, 1983
or to community | ||||||
11 | consolidated school districts,
and the members of the board of | ||||||
12 | education shall be elected at large from within
the school | ||||||
13 | district and without restriction by area of residence within | ||||||
14 | the
district if both of the following conditions are met with | ||||||
15 | respect to that
district:
| ||||||
16 | (1) A proposition for the election of board members at | ||||||
17 | large
and
without restriction by area of residence within | ||||||
18 | the district rather than in
accordance with the provisions | ||||||
19 | of subsection (b) for mandatory board
representation is
| ||||||
20 | submitted to the school district's voters at a regular | ||||||
21 | school election or
at the general election as provided in | ||||||
22 | this subsection (c).
| ||||||
23 | (2) A majority of those voting at the election in each
| ||||||
24 | congressional
township of more than 100 inhabitants
| ||||||
25 | comprising the territory of the school district , including | ||||||
26 | any
congressional township of less than 100 inhabitants,
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27 | vote in favor of the
proposition.
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28 | The board of education of the school district may by | ||||||
29 | resolution order
submitted or, upon the petition of the lesser | ||||||
30 | of 2,500 or 5% of the school
district's registered voters, | ||||||
31 | shall order submitted to the school
district's voters at a | ||||||
32 | regular school election or at the general election
the | ||||||
33 | proposition for the election of board members at large and | ||||||
34 | without
restriction by area of residence within the district | ||||||
35 | rather than in
accordance with the provisions of subsection (b) | ||||||
36 | for mandatory board
representation; and the proposition shall |
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1 | thereupon be certified by the
board's secretary for submission. | ||||||
2 | If a majority of those voting at the
election in each | ||||||
3 | congressional township of more than 100 inhabitants comprising | ||||||
4 | the territory of the
school district , including any | ||||||
5 | congressional township of less than 100
inhabitants, vote in | ||||||
6 | favor of the proposition: (i) the proposition to elect
board | ||||||
7 | members
at large and without restriction by area of residence | ||||||
8 | within the district
shall be deemed to have passed, (ii) new | ||||||
9 | members of the board shall be
elected at large and without | ||||||
10 | restriction by area of residence within the
district at the | ||||||
11 | next regular school election, and (iii) the terms of office
of | ||||||
12 | the board members incumbent at the time the proposition is | ||||||
13 | adopted shall
expire when the new board members that are | ||||||
14 | elected at large and without
restriction by area of residence | ||||||
15 | within the district have organized in
accordance with Section | ||||||
16 | 10-16. In a combined school district
or a community | ||||||
17 | consolidated school district
that
formerly elected its members | ||||||
18 | under subsection (b) to successive terms not
exceeding 4 years, | ||||||
19 | the members elected at large and without restriction by
area of | ||||||
20 | residence within the district shall be elected for a term of 4
| ||||||
21 | years, and in a combined school district that formerly elected | ||||||
22 | its
members under subsection (b) to successive terms not | ||||||
23 | exceeding 6 years, the
members elected at large and without | ||||||
24 | restriction by area of residence
within the district shall be | ||||||
25 | elected for a term of 6 years; provided, that
in each case the | ||||||
26 | terms of the board members initially elected at large and
| ||||||
27 | without restriction by area of residence within the district as | ||||||
28 | provided in
this subsection shall be staggered and determined | ||||||
29 | in accordance with the
provisions of Sections 10-10 and
10-16.
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30 | (Source: P.A. 89-129, eff. 7-14-95; 89-416, eff. 11-22-95; | ||||||
31 | 90-459, eff.
8-17-97.)
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32 | Section 99. Effective date. This Act takes effect upon | ||||||
33 | becoming law.
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