96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3487

 

Introduced 2/10/2010, by Sen. Dan Cronin

 

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.


LRB096 20532 MJR 36218 b

 

 

A BILL FOR

 

SB3487 LRB096 20532 MJR 36218 b

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

 

 

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1 education of that district expire when their successors assume
2 office but not later than 7 days after such election. If at the
3 regular school election held in the first odd-numbered year
4 after the determination to elect members for 6 year terms 2
5 members are elected, they shall serve for a 6 year term; and of
6 the members elected at the next regular school election 3 shall
7 serve for a term of 6 years and 2 shall serve a term of 2 years.
8 Thereafter members elected in such districts shall be elected
9 to a 6 year term. If at the regular school election held in the
10 first odd-numbered year after the determination to elect
11 members for 6 year terms 3 members are elected, they shall
12 serve for a 6 year term; and of the members elected at the next
13 regular school election 2 shall serve for a term of 2 years and
14 2 shall serve for a term of 6 years. Thereafter members elected
15 in such districts shall be elected to a 6 year term. If at the
16 regular school election held in the first odd-numbered year
17 after the determination to elect members for 6 year terms 4
18 members are elected, 3 shall serve for a term of 6 years and
19 one shall serve for a term of 2 years; and of the members
20 elected at the next regular school election 2 shall serve for
21 terms of 6 years and 2 shall serve for terms of 2 years.
22 Thereafter members elected in such districts shall be elected
23 to a 6 year term. If at the regular school election held in the
24 first odd-numbered year after the determination to elect
25 members for a 6 year term 5 members are elected, 3 shall serve
26 for a term of 6 years and 2 shall serve for a term of 2 years;

 

 

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1 and of the members elected at the next regular school election
2 2 shall serve for terms of 6 years and 2 shall serve for terms
3 of 2 years. Thereafter members elected in such districts shall
4 be elected to a 6 year term. An election for board members
5 shall not be held in school districts which by consolidation,
6 annexation or otherwise shall cease to exist as a school
7 district within 6 months after the election date, and the term
8 of all board members which would otherwise terminate shall be
9 continued until such district shall cease to exist. Each
10 member, on the date of his or her election, shall be a citizen
11 of the United States of the age of 18 years or over, shall be a
12 resident of the State and the territory of the district for at
13 least one year immediately preceding his or her election, shall
14 be a registered voter as provided in the general election law,
15 shall not be a school trustee, and shall not be a child sex
16 offender as defined in Section 11-9.3 of the Criminal Code of
17 1961. When the board of education is the successor of the
18 school directors, all rights of property, and all rights
19 regarding causes of action existing or vested in such
20 directors, shall vest in it as fully as they were vested in the
21 school directors. Terms of members are subject to Section 2A-54
22 of the Election Code.
23     Nomination papers filed under this Section are not valid
24 unless the candidate named therein files with the secretary of
25 the board of education or with a person designated by the board
26 to receive nominating petitions a receipt from the county clerk

 

 

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1 showing that the candidate has filed a statement of economic
2 interests as required by the Illinois Governmental Ethics Act.
3 Such receipt shall be so filed either previously during the
4 calendar year in which his nomination papers were filed or
5 within the period for the filing of nomination papers in
6 accordance with the general election law.
7     Whenever a vacancy occurs, the remaining members shall
8 notify the regional superintendent of that vacancy within 5
9 days after its occurrence and shall proceed to fill the vacancy
10 until the next regular school election, at which election a
11 successor shall be elected to serve the remainder of the
12 unexpired term. However, if the vacancy occurs with less than
13 868 days remaining in the term, or if the vacancy occurs less
14 than 88 days before the next regularly scheduled election for
15 this office then the person so appointed shall serve the
16 remainder of the unexpired term, and no election to fill the
17 vacancy shall be held. Should they fail so to act, within 45
18 days after the vacancy occurs, the regional superintendent of
19 schools under whose supervision and control the district is
20 operating, as defined in Section 3-14.2 of this Act, shall
21 within 30 days after the remaining members have failed to fill
22 the vacancy, fill the vacancy as provided for herein. Upon the
23 regional superintendent's failure to fill the vacancy, the
24 vacancy shall be filled at the next regularly scheduled
25 election. Whether elected or appointed by the remaining members
26 or regional superintendent, the successor shall be an

 

 

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1 inhabitant of the particular area from which his or her
2 predecessor was elected if the residential requirements
3 contained in Section 10-10.5 or 12-2 of this Code apply.
4     A board of education may appoint a student to the board to
5 serve in an advisory capacity. The student member shall serve
6 for a term as determined by the board. The board may not grant
7 the student member any voting privileges, but shall consider
8 the student member as an advisor. The student member may not
9 participate in or attend any executive session of the board.
10 (Source: P.A. 96-538, eff. 8-14-09.)