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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, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing
Section | |||||||||||||||||||
5 | 10-10 as follows:
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6 | (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
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7 | Sec. 10-10. Board of education; Term; Vacancy. All school | |||||||||||||||||||
8 | districts
having a population of not fewer than 1,000 and not | |||||||||||||||||||
9 | more than 500,000
inhabitants, as ascertained by any special or | |||||||||||||||||||
10 | general census, and not
governed by special Acts, shall be | |||||||||||||||||||
11 | governed by a board of education
consisting of 7 members, | |||||||||||||||||||
12 | serving without compensation except as herein
provided. Each | |||||||||||||||||||
13 | member shall be elected for a term of 4 years except as
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14 | otherwise provided in subsection (a-5) of Section 11B-7 of this | |||||||||||||||||||
15 | Code for
the initial members
of the board of education of a | |||||||||||||||||||
16 | combined school district to which that
subsection applies. If 5 | |||||||||||||||||||
17 | members are elected in 1983 pursuant to the extension
of terms | |||||||||||||||||||
18 | provided by
law for transition to the consolidated election | |||||||||||||||||||
19 | schedule under the general
election law, 2 of those members | |||||||||||||||||||
20 | shall be elected to serve terms of 2 years
and 3 shall be | |||||||||||||||||||
21 | elected to serve terms of 4 years; their successors shall
serve | |||||||||||||||||||
22 | for a 4 year term. When the voters of a district have voted to | |||||||||||||||||||
23 | elect
members of the board of education for 6 year terms, as | |||||||||||||||||||
24 | provided in Section
9-5, the terms of office of members of the | |||||||||||||||||||
25 | board of education of that
district expire when their | |||||||||||||||||||
26 | successors assume office but not later than 7
days after such | |||||||||||||||||||
27 | election. If at the regular school election held in the
first | |||||||||||||||||||
28 | odd-numbered year after the determination to elect members for | |||||||||||||||||||
29 | 6 year
terms 2 members are elected, they shall serve for a 6 | |||||||||||||||||||
30 | year term; and of the
members elected at the next regular | |||||||||||||||||||
31 | school election 3 shall serve for a
term of 6 years and 2 shall | |||||||||||||||||||
32 | serve a term of 2 years. Thereafter members
elected in such |
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1 | districts shall be elected to a 6 year term. If at the
regular | ||||||
2 | school election held in the first odd-numbered year after the
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3 | determination to elect members for 6 year terms 3 members are | ||||||
4 | elected, they
shall serve for a 6 year term; and of the members | ||||||
5 | elected at the next
regular school election 2 shall serve for a | ||||||
6 | term of 2 years and 2 shall
serve for a term of 6 years. | ||||||
7 | Thereafter members elected in such districts
shall be elected | ||||||
8 | to a 6 year term. If at the regular school election held
in the | ||||||
9 | first odd-numbered year after the determination to elect | ||||||
10 | members for
6 year terms 4 members are elected, 3 shall serve | ||||||
11 | for a term of 6 years and
one shall serve for a term of 2 years; | ||||||
12 | and of the members elected at the
next regular school election | ||||||
13 | 2 shall serve for terms of 6 years and 2 shall
serve for terms | ||||||
14 | of 2 years. Thereafter members elected in such districts
shall | ||||||
15 | be elected to a 6 year term. If at the regular school election | ||||||
16 | held
in the first odd-numbered year after the determination to | ||||||
17 | elect members for
a 6 year term 5 members are elected, 3 shall | ||||||
18 | serve for a term of 6 years
and 2 shall serve for a term of 2 | ||||||
19 | years; and of the members elected at the
next regular school | ||||||
20 | election 2 shall serve for terms of 6 years and 2 shall
serve | ||||||
21 | for terms of 2 years. Thereafter members elected in such | ||||||
22 | districts
shall be elected to a 6 year term. An election for | ||||||
23 | board members shall not
be held in school districts which by | ||||||
24 | consolidation, annexation or otherwise
shall cease to exist as | ||||||
25 | a school district within 6 months after the
election date, and | ||||||
26 | the term of all board members which would otherwise
terminate | ||||||
27 | shall be continued until such district shall cease to exist. | ||||||
28 | Each
member, on the date of his or her election, shall be a
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29 | citizen of the United
States of the age of 18 years or over, | ||||||
30 | shall be a resident of the State and
the
territory of the | ||||||
31 | district for at least one year immediately preceding his or
her
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32 | election, shall be a registered voter as provided in the | ||||||
33 | general election
law,
shall not be a school trustee or a school | ||||||
34 | treasurer, and shall not be a child
sex offender as defined in | ||||||
35 | Section 11-9.3 of the
Criminal Code of 1961. When the board of
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36 | education is the successor of the school directors, all rights |
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1 | of property,
and all rights regarding causes of action existing | ||||||
2 | or vested in such
directors, shall vest in it as fully as they | ||||||
3 | were vested in the school
directors. Terms of members are | ||||||
4 | subject to Section 2A-54 of the Election Code.
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5 | Nomination papers filed under this Section are not valid | ||||||
6 | unless the candidate
named therein files with the secretary of | ||||||
7 | the board of education or with
a person designated by the board | ||||||
8 | to receive nominating petitions a receipt
from the county clerk | ||||||
9 | showing that the candidate has filed a statement of
economic | ||||||
10 | interests as required by the Illinois Governmental Ethics Act.
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11 | Such receipt shall be so filed either previously during the | ||||||
12 | calendar year
in which his nomination papers were filed or | ||||||
13 | within the period for the filing
of nomination papers in | ||||||
14 | accordance with the general election law.
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15 | Whenever a vacancy occurs, the remaining members shall | ||||||
16 | notify the
regional superintendent of that vacancy within 5 | ||||||
17 | days after its occurrence
and shall proceed to fill the vacancy | ||||||
18 | until the next regular school
election, at which election a | ||||||
19 | successor shall be elected to serve the
remainder of the | ||||||
20 | unexpired term. However, if the vacancy occurs with less
than | ||||||
21 | 868 days remaining in the term, or if the vacancy occurs
less | ||||||
22 | than 88
days before the next regularly scheduled election for | ||||||
23 | this office then the
person so appointed shall serve the | ||||||
24 | remainder of the unexpired term, and no
election to fill the | ||||||
25 | vacancy shall be held. Should they fail so to
act, within 45 | ||||||
26 | days after the vacancy occurs, the regional superintendent
of | ||||||
27 | schools under whose supervision and control the district is | ||||||
28 | operating,
as defined in Section 3-14.2 of this Act, shall | ||||||
29 | within 30 days after the
remaining members have failed to fill | ||||||
30 | the vacancy, fill the vacancy as
provided for herein. Upon the | ||||||
31 | regional superintendent's failure to fill the
vacancy, the | ||||||
32 | vacancy shall be filled at the next regularly scheduled
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33 | election. Whether elected or appointed by the remaining members | ||||||
34 | or regional
superintendent, the successor shall be an | ||||||
35 | inhabitant of the particular area
from which his or her | ||||||
36 | predecessor was elected if the residential requirements
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1 | contained in Section 11A-8, 11B-7, or 12-2 of this Act apply.
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2 | (Source: P.A. 93-309, eff. 1-1-04.)
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