Full Text of SB2003 102nd General Assembly
SB2003 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2003 Introduced 2/26/2021, by Sen. David Koehler SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/32-2.5 | from Ch. 122, par. 32-2.5 | 105 ILCS 5/33-1 | from Ch. 122, par. 33-1 | 105 ILCS 5/33-4 | from Ch. 122, par. 33-4 |
|
Amends the Article of the School Code concerning special charter districts. With respect to the election of a board of education in a special charter district having a population of over 35,000, provides that the nomination of a candidate for a member of the board of education shall be made by petitions signed by at least 50 voters or 10% of voters, whichever is less, residing in the school district (rather than signed in the aggregate by not less than 200 qualified voters residing in the school district). Amends the Article of the Code concerning school districts from 100,000 to 500,000 inhabitants. Provides that a board of education member shall be elected for a term of 4 years (rather than 5 years) and shall serve until his or her successor is elected and has qualified. Provides that the term of a board of education member commences after (i) the election authority has canvassed the votes and proclaimed the results and (ii) the member-elect has taken the oath of office (rather than on July 1). Specifies that a board of education shall have all of the rights, powers, and duties as are provided for other school boards under the School Boards Article of the Code. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | SB2003 | | LRB102 12676 CMG 18015 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 Sections | 5 | | 32-2.5, 33-1, and 33-4 as follows:
| 6 | | (105 ILCS 5/32-2.5) (from Ch. 122, par. 32-2.5)
| 7 | | Sec. 32-2.5. Election of board of education in lieu of | 8 | | appointive board. In all special charter districts having a | 9 | | population of over 35,000 by the
last federal census, where | 10 | | the board of directors or board of education
is elected or | 11 | | appointed by the city council of the city, of which school
| 12 | | district such city may form the whole or a part, and where | 13 | | there are no
provisions in the special charter creating such | 14 | | school district for the
election of a board of directors or | 15 | | board of education, there shall be elected
in lieu of the | 16 | | present governing body a board of education to consist of
7 | 17 | | members. Nomination of a candidate for member of the board of | 18 | | education
shall be made by petitions signed in the aggregate | 19 | | by at least 50 voters or 10% of voters, whichever is less, not | 20 | | less than 200
qualified voters residing in the school | 21 | | district, and also by filing with
the petitions a statement of | 22 | | candidacy as provided in the general election
law, which | 23 | | petitions and statements
of candidacy shall be filed in the |
| | | SB2003 | - 2 - | LRB102 12676 CMG 18015 b |
|
| 1 | | office of the board of education in
accordance with the | 2 | | general election law.
| 3 | | Nomination papers filed under this Section are not valid | 4 | | unless the candidate
named therein files with the county clerk | 5 | | or the county board of election commissioners, as the case may | 6 | | be, of the county in which the principal office of the school | 7 | | district is located a receipt
from the county clerk showing | 8 | | that the candidate has filed a statement of
economic interests | 9 | | as required by the Illinois Governmental Ethics Act.
Such | 10 | | receipt shall be so filed either previously during the | 11 | | calendar year
in which his nomination papers were filed or | 12 | | within the period for the filing
of nomination papers in | 13 | | accordance with the general election law.
| 14 | | The county clerk or the county board of election | 15 | | commissioners shall make certification to the proper election
| 16 | | authority in accordance with the general election law.
| 17 | | (Source: P.A. 98-115, eff. 7-29-13.)
| 18 | | (105 ILCS 5/33-1) (from Ch. 122, par. 33-1)
| 19 | | Sec. 33-1. Board of education; election; terms Education - | 20 | | Election - Terms . In all school districts,
including special | 21 | | charter districts having a population of 100,000 and not
more | 22 | | than 500,000, which adopt this Article, as hereinafter | 23 | | provided, there
shall be maintained a system of free schools | 24 | | in charge of a board of education,
which shall be a body | 25 | | politic and corporate by the name of "Board of Education
of the |
| | | SB2003 | - 3 - | LRB102 12676 CMG 18015 b |
|
| 1 | | City of....". The board shall consist of 7 members elected by | 2 | | the
voters of the district. Except as provided in Section | 3 | | 33-1b of this Act,
the regular election for members of the | 4 | | board shall be held at the consolidated election in odd | 5 | | numbered years and at the general primary election
in even | 6 | | numbered years. The law governing the registration of voters | 7 | | for
the primary election shall apply to the regular election. | 8 | | At the first
regular election 7 persons shall be elected as | 9 | | members of the board. The
person who receives the greatest | 10 | | number of votes shall be elected for a
term of 5 years. The 2 | 11 | | persons who receive the second and third greatest
number of | 12 | | votes shall be elected for a term of 4 years. The person who
| 13 | | receives the fourth greatest number of votes shall be elected
| 14 | | for a term of 3 years. The 2 persons who receive the fifth and | 15 | | sixth greatest
number of votes shall be elected for a term of 2 | 16 | | years. The person who
receives the seventh greatest number of | 17 | | votes shall be elected for a term
of 1 year. Thereafter, at | 18 | | each regular election for members of the board,
the successors | 19 | | of the members whose terms expire in the year of election
shall | 20 | | be elected for a term of 5 years , except that members of the | 21 | | board elected after the effective date of this amendatory Act | 22 | | of the 102nd General Assembly shall be elected for a term of 4 | 23 | | years and shall serve until their successors are elected and | 24 | | have qualified . All terms shall commence after the occurrence | 25 | | of both the following: | 26 | | (1) The election authority has canvassed the votes and |
| | | SB2003 | - 4 - | LRB102 12676 CMG 18015 b |
|
| 1 | | proclaimed the results. | 2 | | (2) The member-elect has taken the oath of office on | 3 | | July
1 next succeeding the elections . | 4 | | Any vacancy occurring in the membership
of the board shall | 5 | | be filled by appointment until the next regular election
for | 6 | | members of the board.
| 7 | | In any school district which has adopted this Article, a | 8 | | proposition for
the election of board members by school board | 9 | | district rather than at large
may be submitted to the voters of | 10 | | the district at the regular school election
of any year in the | 11 | | manner provided in Section 9-22. If the proposition
is | 12 | | approved by a majority of those voting on the propositions, | 13 | | the board
shall divide the school district into 7 school board | 14 | | districts as provided
in Section 9-22. At the regular school | 15 | | election in the year following the
adoption of such | 16 | | proposition, one member shall be elected from each school
| 17 | | board district, and the 7 members so elected shall, by lot, | 18 | | determine one
to serve for one year, 2 for 2 years, one for 3 | 19 | | years, 2 for 4 years, and
one for 5 years. Thereafter their | 20 | | respective successors shall be elected
for terms of 5 years , | 21 | | except that members of the board elected after the effective | 22 | | date of this amendatory Act of the 102nd General Assembly | 23 | | shall be elected for a term of 4 years and shall serve until | 24 | | their successors are elected and have qualified . The terms of | 25 | | all incumbent members expire July 1
of the year following the | 26 | | adoption of such a proposition.
|
| | | SB2003 | - 5 - | LRB102 12676 CMG 18015 b |
|
| 1 | | Any school district which has adopted this Article may, by | 2 | | referendum in
accordance with Section 33-1a, adopt the method | 3 | | of electing members of the
board of education provided in that | 4 | | Section.
| 5 | | Reapportionment of the voting districts provided for in | 6 | | this Article or
created pursuant to a court order, shall be | 7 | | completed pursuant to
Section 33-1c.
| 8 | | A board of education may appoint a student to the board to | 9 | | serve in an advisory capacity. The student member shall serve | 10 | | for a term as determined by the board. The board may not grant | 11 | | the student member any voting privileges, but shall consider | 12 | | the student member as an advisor. The student member may not | 13 | | participate in or attend any executive session of the board.
| 14 | | (Source: P.A. 94-231, eff. 7-14-05; 95-6, eff. 6-20-07.)
| 15 | | (105 ILCS 5/33-4) (from Ch. 122, par. 33-4)
| 16 | | Sec. 33-4. Rights, powers , and duties of board. The board | 17 | | of education shall succeed to all rights, powers , and duties | 18 | | of
the former governing body of the district and shall have all | 19 | | of the rights, powers, and duties as are provided for other | 20 | | school boards under Article 10 .
| 21 | | (Source: Laws 1961, p. 31.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
|
|