Full Text of SB2402 102nd General Assembly
SB2402 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2402 Introduced 2/26/2021, by Sen. Thomas Cullerton 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.
|
| |
| | A BILL FOR |
|
| | | SB2402 | | LRB102 17466 CMG 22963 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 | 17 | | provided by
law for transition to the consolidated election | 18 | | schedule under the general
election law, 2 of those members | 19 | | shall be elected to serve terms of 2 years
and 3 shall be | 20 | | elected to serve terms of 4 years; their successors shall
| 21 | | serve for a 4 year term. When the voters of a district have | 22 | | voted to elect
members of the board of education for 6 year | 23 | | terms, as provided in Section
9-5, the terms of office of |
| | | SB2402 | - 2 - | LRB102 17466 CMG 22963 b |
|
| 1 | | members of the board of education of that
district expire when | 2 | | their successors assume office but not later than 7
days after | 3 | | such election. If at the regular school election held in the
| 4 | | first odd-numbered year after the determination to elect | 5 | | members for 6 year
terms 2 members are elected, they shall | 6 | | serve for a 6 year term; and of the
members elected at the next | 7 | | regular school election 3 shall serve for a
term of 6 years and | 8 | | 2 shall serve a term of 2 years. Thereafter members
elected in | 9 | | such districts shall be elected to a 6 year term. If at the
| 10 | | regular school election held in the first odd-numbered year | 11 | | after the
determination to elect members for 6 year terms 3 | 12 | | members are elected, they
shall serve for a 6 year term; and of | 13 | | the members elected at the next
regular school election 2 | 14 | | shall serve for a term of 2 years and 2 shall
serve for a term | 15 | | of 6 years. Thereafter members elected in such districts
shall | 16 | | be elected to a 6 year term. If at the regular school election | 17 | | held
in the first odd-numbered year after the determination to | 18 | | elect members for
6 year terms 4 members are elected, 3 shall | 19 | | serve for a term of 6 years and
one shall serve for a term of 2 | 20 | | years; and of the members elected at the
next regular school | 21 | | election 2 shall serve for terms of 6 years and 2 shall
serve | 22 | | for terms of 2 years. Thereafter members elected in such | 23 | | districts
shall be elected to a 6 year term. If at the regular | 24 | | school election held
in the first odd-numbered year after the | 25 | | determination to elect members for
a 6 year term 5 members are | 26 | | elected, 3 shall serve for a term of 6 years
and 2 shall serve |
| | | SB2402 | - 3 - | LRB102 17466 CMG 22963 b |
|
| 1 | | for a term of 2 years; and of the members elected at the
next | 2 | | regular school election 2 shall serve for terms of 6 years and | 3 | | 2 shall
serve for terms of 2 years. Thereafter members elected | 4 | | in such districts
shall be elected to a 6 year term. An | 5 | | election for board members shall not
be held in school | 6 | | districts which by consolidation, annexation or otherwise
| 7 | | shall cease to exist as a school district within 6 months after | 8 | | the
election date, and the term of all board members which | 9 | | would otherwise
terminate shall be continued until such | 10 | | district shall cease to exist. Each
member, on the date of his | 11 | | or her election, shall be a
citizen of the United
States of the | 12 | | age of 18 years or over, shall be a resident of the State and
| 13 | | the
territory of the district for at least one year | 14 | | immediately preceding his or
her
election, shall be a | 15 | | registered voter as provided in the general election
law,
| 16 | | shall not be a school trustee, must not have been removed from | 17 | | a school board pursuant to Section 2-3.25f-5 of this Code | 18 | | (unless subsequently appointed as a member of an Independent | 19 | | Authority or if it has been 10 years since the abolition of the | 20 | | Independent Authority in the district), and shall not be a | 21 | | child
sex offender as defined in Section 11-9.3 of the
| 22 | | Criminal Code of 2012. When the board of
education is the | 23 | | successor of the school directors, all rights of property,
and | 24 | | all rights regarding causes of action existing or vested in | 25 | | such
directors, shall vest in it as fully as they were vested | 26 | | in the school
directors. Terms of members are subject to |
| | | SB2402 | - 4 - | LRB102 17466 CMG 22963 b |
|
| 1 | | Section 2A-54 of the Election Code. | 2 | | Nomination papers filed under this Section are not valid | 3 | | unless the candidate
named therein files with the county clerk | 4 | | or the county board of election commissioners, as the case may | 5 | | be, of the county in which the principal office of the school | 6 | | district is located a receipt
from the county clerk showing | 7 | | that the candidate has filed a statement of
economic interests | 8 | | as required by the Illinois Governmental Ethics Act.
Such | 9 | | receipt shall be so filed either previously during the | 10 | | calendar year
in which his nomination papers were filed or | 11 | | within the period for the filing
of nomination papers in | 12 | | accordance with the general election law.
| 13 | | Whenever a vacancy occurs, the remaining members shall | 14 | | notify the
regional superintendent of that vacancy within 5 | 15 | | days after its occurrence
and shall proceed to fill the | 16 | | vacancy until the next regular school
election, at which | 17 | | election a successor shall be elected to serve the
remainder | 18 | | of the unexpired term. However, if the vacancy occurs with | 19 | | less
than 868 days remaining in the term, or if the vacancy | 20 | | occurs
less than 88
days before the next regularly scheduled | 21 | | election for this office then the
person so appointed shall | 22 | | serve the remainder of the unexpired term, and no
election to | 23 | | fill the vacancy shall be held. Should they fail so to
act, | 24 | | within 60 days after the vacancy occurs, the regional | 25 | | superintendent
of schools under whose supervision and control | 26 | | the district is operating,
as defined in Section 3-14.2 of |
| | | SB2402 | - 5 - | LRB102 17466 CMG 22963 b |
|
| 1 | | this Act, shall within 30 days after the
remaining members | 2 | | have failed to fill the vacancy, fill the vacancy as
provided | 3 | | for herein. Upon the regional superintendent's failure to fill | 4 | | the
vacancy, the vacancy shall be filled at the next regularly | 5 | | scheduled
election. Whether elected or appointed by the | 6 | | remaining members or regional
superintendent, the successor | 7 | | shall be an inhabitant of the particular area
from which his or | 8 | | her predecessor was elected if the residential requirements
| 9 | | contained in Section 10-10.5 or 12-2 of this Code apply.
| 10 | | A board of education may appoint a student to the board to | 11 | | serve in an advisory capacity. The student member shall serve | 12 | | for a term as determined by the board. The board may not grant | 13 | | the student member any voting privileges, but shall consider | 14 | | the student member as an advisor. The student member may not | 15 | | participate in or attend any executive session of the board.
| 16 | | (Source: P.A. 101-67, eff. 1-1-20 .)
|
|