Full Text of HB4552 97th General Assembly
HB4552 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4552 Introduced 2/1/2012, by Rep. Linda Chapa LaVia SYNOPSIS AS INTRODUCED: | | 105 ILCS 5/10-10 | from Ch. 122, par. 10-10 |
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Amends the School Code. Makes a technical change in a Section concerning
boards of education.
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| | A BILL FOR |
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| 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.)
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