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90_HB2560eng
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Amends the Election Code and the School Code. Abolishes
the regional board of school trustees in educational service
regions of fewer than 2,000,000 inhabitants effective upon
the first Monday in December, 2003. Provides that no person
shall be elected to fill the office of member of a regional
board of school trustees at any election held on or after the
amendatory Act's immediate effective date. Extends until the
first Monday in December, 2003 the term of each person
serving as a member of the regional board of school trustees
on the amendatory Act's effective date whose term is to
expire before that first Monday. Provides that if a hearing
on a petition for a change in school district boundaries has
already been commenced before but has not yet been completed
by a regional board of school trustees on the date the board
is to be abolished, the terms of the members of that board
are again extended and the board is not abolished until a
final administrative decision is reached by the regional
board of school trustees or it loses jurisdiction of the
case, whichever first occurs. Provides that the regional
superintendent of schools of an educational service region
that has fewer than 2,000,000 inhabitants and in which the
regional board of school trustees is abolished shall succeed
to all rights, powers, duties, and responsibilities exercised
by the regional board of school trustees before its
abolition, including all rights, powers, duties, and
responsibilities exercised by the former regional board of
school trustees in school boundary change proceedings.
Provides that the decision in a school boundary change
proceeding made by a regional superintendent of schools (as
successor to an abolished regional board of school trustees)
is an administrative decision for purposes of judicial review
under the Administrative Review Law. Effective immediately.
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1 AN ACT relating to education, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5 Sections 2A-1.2 and 2A-50 as follows:
6 (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
7 Sec. 2A-1.2. Consolidated Schedule of Elections -
8 Offices Designated.
9 (a) At the general election in the appropriate
10 even-numbered years, the following offices shall be filled or
11 shall be on the ballot as otherwise required by this Code:
12 (1) Elector of President and Vice President of the
13 United States;
14 (2) United States Senator and United States
15 Representative;
16 (3) State Executive Branch elected officers;
17 (4) State Senator and State Representative;
18 (5) County elected officers, including State's
19 Attorney, County Board member, County Commissioners, and
20 elected President of the County Board or County Chief
21 Executive;
22 (6) Circuit Court Clerk;
23 (7) Regional Superintendent of Schools, except in
24 counties or educational service regions in which that
25 office has been abolished;
26 (8) Judges of the Supreme, Appellate and Circuit
27 Courts, on the question of retention, to fill vacancies
28 and newly created judicial offices;
29 (9) (Blank);
30 (10) Trustee of the Metropolitan Sanitary District
31 of Chicago, and elected Trustee of other Sanitary
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1 Districts;
2 (11) Special District elected officers, not
3 otherwise designated in this Section, where the statute
4 creating or authorizing the creation of the district
5 requires an annual election and permits or requires
6 election of candidates of political parties.
7 (b) At the general primary election:
8 (1) in each even-numbered year candidates of
9 political parties shall be nominated for those offices to
10 be filled at the general election in that year, except
11 where pursuant to law nomination of candidates of
12 political parties is made by caucus.
13 (2) in the appropriate even-numbered years the
14 political party offices of State central committeeman,
15 township committeeman, ward committeeman, and precinct
16 committeeman shall be filled and delegates and alternate
17 delegates to the National nominating conventions shall be
18 elected as may be required pursuant to this Code. In the
19 even-numbered years in which a Presidential election is
20 to be held, candidates in the Presidential preference
21 primary shall also be on the ballot.
22 (3) in each even-numbered year, where the
23 municipality has provided for annual elections to elect
24 municipal officers pursuant to Section 6(f) or Section 7
25 of Article VII of the Constitution, pursuant to the
26 Illinois Municipal Code or pursuant to the municipal
27 charter, the offices of such municipal officers shall be
28 filled at an election held on the date of the general
29 primary election, provided that the municipal election
30 shall be a nonpartisan election where required by the
31 Illinois Municipal Code. For partisan municipal
32 elections in even-numbered years, a primary to nominate
33 candidates for municipal office to be elected at the
34 general primary election shall be held on the Tuesday 6
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1 weeks preceding that election.
2 (4) in each school district which has adopted the
3 provisions of Article 33 of the School Code, successors
4 to the members of the board of education whose terms
5 expire in the year in which the general primary is held
6 shall be elected.
7 (c) At the consolidated election in the appropriate
8 odd-numbered years, the following offices shall be filled:
9 (1) Municipal officers, provided that in
10 municipalities in which candidates for alderman or other
11 municipal office are not permitted by law to be
12 candidates of political parties, the runoff election
13 where required by law, or the nonpartisan election where
14 required by law, shall be held on the date of the
15 consolidated election; and provided further, in the case
16 of municipal officers provided for by an ordinance
17 providing the form of government of the municipality
18 pursuant to Section 7 of Article VII of the Constitution,
19 such offices shall be filled by election or by runoff
20 election as may be provided by such ordinance;
21 (2) Village and incorporated town library
22 directors;
23 (3) City boards of stadium commissioners;
24 (4) Commissioners of park districts;
25 (5) Trustees of public library districts;
26 (6) Special District elected officers, not
27 otherwise designated in this section, where the statute
28 creating or authorizing the creation of the district
29 permits or requires election of candidates of political
30 parties;
31 (7) Township officers, including township park
32 commissioners, township library directors, and boards of
33 managers of community buildings, and Multi-Township
34 Assessors;
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1 (8) Highway commissioners and road district clerks;
2 (9) Members of school boards in school districts
3 which adopt Article 33 of the School Code;
4 (10) The directors and chairman of the Chain O
5 Lakes - Fox River Waterway Management Agency;
6 (11) Forest preserve district commissioners elected
7 under Section 3.5 of the Downstate Forest Preserve
8 District Act;
9 (12) Elected members of school boards, school
10 trustees, directors of boards of school directors,
11 trustees of regional county boards of school trustees
12 (except in counties or educational service regions having
13 a population of 2,000,000 or more inhabitants or in which
14 the regional board of school trustees has been abolished
15 or in which members of the regional board of school
16 trustees no longer may be elected as provided in
17 paragraph (2) of subsection (a) of Section 6-2 of the
18 School Code), and members of boards of school inspectors,
19 except school boards in school districts that adopt
20 Article 33 of the School Code;
21 (13) Members of Community College district boards;
22 (14) Trustees of Fire Protection Districts;
23 (15) Commissioners of the Springfield Metropolitan
24 Exposition and Auditorium Authority;
25 (16) Elected Trustees of Tuberculosis Sanitarium
26 Districts;
27 (17) Elected Officers of special districts not
28 otherwise designated in this Section for which the law
29 governing those districts does not permit candidates of
30 political parties.
31 (d) At the consolidated primary election in each
32 odd-numbered year, candidates of political parties shall be
33 nominated for those offices to be filled at the consolidated
34 election in that year, except where pursuant to law
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1 nomination of candidates of political parties is made by
2 caucus, and except those offices listed in paragraphs (12)
3 through (17) of subsection (c).
4 At the consolidated primary election in the appropriate
5 odd-numbered years, the mayor, clerk, treasurer, and aldermen
6 shall be elected in municipalities in which candidates for
7 mayor, clerk, treasurer, or alderman are not permitted by law
8 to be candidates of political parties, subject to runoff
9 elections to be held at the consolidated election as may be
10 required by law, and municipal officers shall be nominated in
11 a nonpartisan election in municipalities in which pursuant to
12 law candidates for such office are not permitted to be
13 candidates of political parties.
14 At the consolidated primary election in the appropriate
15 odd-numbered years, municipal officers shall be nominated or
16 elected, or elected subject to a runoff, as may be provided
17 by an ordinance providing a form of government of the
18 municipality pursuant to Section 7 of Article VII of the
19 Constitution.
20 (e) (Blank).
21 (f) At any election established in Section 2A-1.1,
22 public questions may be submitted to voters pursuant to this
23 Code and any special election otherwise required or
24 authorized by law or by court order may be conducted pursuant
25 to this Code.
26 Notwithstanding the regular dates for election of
27 officers established in this Article, whenever a referendum
28 is held for the establishment of a political subdivision
29 whose officers are to be elected, the initial officers shall
30 be elected at the election at which such referendum is held
31 if otherwise so provided by law. In such cases, the election
32 of the initial officers shall be subject to the referendum.
33 Notwithstanding the regular dates for election of
34 officials established in this Article, any community college
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1 district which becomes effective by operation of law pursuant
2 to Section 6-6.1 of the Public Community College Act, as now
3 or hereafter amended, shall elect the initial district board
4 members at the next regularly scheduled election following
5 the effective date of the new district.
6 (g) At any election established in Section 2A-1.1, if in
7 any precinct there are no offices or public questions
8 required to be on the ballot under this Code then no election
9 shall be held in the precinct on that date.
10 (h) There may be conducted a referendum in accordance
11 with the provisions of Division 6-4 of the Counties Code.
12 (Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,
13 eff. 8-9-96; 90-358, eff. 1-1-98.)
14 (10 ILCS 5/2A-50) (from Ch. 46, par. 2A-50)
15 Sec. 2A-50. Regional Board of School Trustees - Trustee
16 - Time of Election. Except in educational service regions
17 having a population of 2,000,000 or more inhabitants and
18 except in educational service regions in which the regional
19 board of school trustees has been abolished or in which
20 members of the regional board of school trustees no longer
21 may be elected as provided in paragraph (2) of subsection (a)
22 of Section 6-2 of the School Code, a trustee of a regional
23 board of school trustees shall be elected at the consolidated
24 election to succeed each incumbent trustee whose term ends
25 before the following consolidated election.
26 (Source: P.A. 90-358, eff. 1-1-98.)
27 Section 15. The School Code is amended by changing
28 Sections 3-2.5, 6-1, 6-2, 6-3, 6-4, 6-10, 6-11, 6-17, 6-18,
29 6-19, 7-01, 7-04, and 7-7 and adding Section 7-05 as follows:
30 (105 ILCS 5/3-2.5)
31 Sec. 3-2.5. Salaries.
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1 (a) Except as otherwise provided in subsection (b), the
2 regional superintendents of schools shall receive for their
3 services an annual salary according to the population, as
4 determined by the last preceding federal census, of the
5 region they serve, as follows set out in the following
6 schedule:
7 SALARIES OF REGIONAL SUPERINTENDENTS OF SCHOOLS
8 UNTIL THE FIRST MONDAY OF AUGUST, 1999
9 POPULATION OF REGION ANNUAL SALARY
10 Less than 48,000 $66,000
11 48,000 to 99,999 $70,500
12 100,000 to 999,999 $74,000
13 1,000,000 and over $76,000
14 Effective on the first Monday of August, 1999 and on July
15 1 of every year thereafter: regional superintendents of
16 schools of an educational service region with a population of
17 500,000 or more inhabitants shall receive for their services
18 an annual salary equal to the mean salary of all school
19 district superintendents in the State, as determined each
20 year by the State Board of Education under Section 2-3.103 of
21 the School Code for the school year that commences in the
22 calendar year immediately preceding the calendar year in
23 which the first payment of the annual salary being determined
24 is to be made; regional superintendents of schools in
25 educational service regions with 100,000 to 499,999
26 inhabitants shall receive for their services an annual salary
27 equal to 95% of the annual salary as determined each year for
28 regional superintendents of schools in educational service
29 regions with 500,000 or more inhabitants; and regional
30 superintendents of schools in educational service regions
31 with fewer than 100,000 inhabitants shall receive for their
32 services an annual salary equal to 90% of the annual salary
33 as determined each year for regional superintendents of
34 schools in educational service regions with 500,000 or more
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1 inhabitants.
2 The changes made by Public Act 86-98 in the annual salary
3 that the regional superintendents of schools shall receive
4 for their services shall apply to the annual salary received
5 by the regional superintendents of schools during each of
6 their elected terms of office that commence after July 26,
7 1989 and before the first Monday of August, 1995.
8 The changes made by Public Act 89-225 in the annual
9 salary that regional superintendents of schools shall receive
10 for their services shall apply to the annual salary received
11 by the regional superintendents of schools during each of
12 their elected terms of office that commence after August 4,
13 1995.
14 When regional superintendents are authorized by the
15 School Code to appoint assistant regional superintendents,
16 the assistant regional superintendent shall receive an annual
17 salary based on his qualifications and computed as a
18 percentage of the salary of the regional superintendent to
19 whom he is assistant, as set out in the following schedule:
20 SALARIES OF ASSISTANT REGIONAL SUPERINTENDENTS
21 QUALIFICATIONS OF PERCENTAGE OF SALARY
22 ASSISTANT REGIONAL OF REGIONAL
23 SUPERINTENDENT SUPERINTENDENT
24 No Bachelor's degree, but
25 State certificate valid 70%
26 for teaching and
27 supervising.
28 Bachelor's degree plus
29 State certificate valid 75%
30 for supervising.
31 Master's degree plus
32 State certificate valid 90%
33 for supervising.
34 However, in any region in which the appointment of more
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1 than one assistant regional superintendent is authorized,
2 whether by Section 3-15.10 of this Code or otherwise, not
3 more than one assistant may be compensated at the 90% rate
4 and any other assistant shall be paid at not exceeding the
5 75% rate, in each case depending on the qualifications of the
6 assistant.
7 The salaries provided in this Section for regional
8 superintendents and assistant regional superintendents are
9 payable monthly from the Common School Fund. The State
10 Comptroller in making his or her warrant to any county for
11 the amount due it from the Common School Fund shall deduct
12 from it the several amounts for which warrants have been
13 issued to the regional superintendent, and any assistant
14 regional superintendent, of the educational service region
15 encompassing the county since the preceding apportionment of
16 the Common School Fund.
17 County boards may provide for additional compensation for
18 the regional superintendent or the assistant regional
19 superintendents, or for each of them, to be paid quarterly
20 from the county treasury.
21 (b) Upon abolition on July 1, 1994, of the office of
22 regional superintendent of schools in educational service
23 regions containing 2,000,000 or more inhabitants as provided
24 in Section 3-0.01 of this Code, the provisions of subsection
25 (a) of this Section shall no longer apply in any educational
26 service region in which the office of regional superintendent
27 of schools is so abolished, and no salary or other
28 compensation shall be payable under that subsection (a) or
29 under any other provision of this Section with respect to the
30 office so abolished or with respect to any assistant position
31 to the office so abolished.
32 (Source: P.A. 89-233, eff. 1-1-96; incorporates 89-225, eff.
33 8-4-95; 89-626, eff. 8-9-96.)
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1 (105 ILCS 5/6-1) (from Ch. 122, par. 6-1)
2 Sec. 6-1. Fractional townships of less than 200 persons.
3 Each congressional township is a township for school
4 purposes. When a fractional congressional township contains
5 fewer than 200 persons under 21 years of age and has not
6 heretofore been united with any township for school purposes
7 it is hereby attached for school purposes to the adjacent
8 congressional township having the longest territorial line
9 bordering on such fractional township, and all the provisions
10 of this Article shall apply to such united townships shall be
11 treated for school purposes the same as though they were one
12 township.
13 (Source: Laws 1961, p. 31.)
14 (105 ILCS 5/6-2) (from Ch. 122, par. 6-2)
15 Sec. 6-2. Regional board; creation; membership; abolition
16 and transfer of duties.
17 (a) There is created a regional board of school trustees
18 for that territory in each educational service region
19 exclusive of any school district organized under Article 34
20 and exclusive of any school district whose school board has
21 been given the powers of school trustees; provided that:
22 (1) On the effective date of this amendatory Act of
23 1992 the regional board of school trustees theretofore
24 created and existing for any territory in an educational
25 service region containing 2,000,000 or more inhabitants
26 is abolished, the terms of office of all members of the
27 regional board of school trustees so abolished are
28 terminated on that effective date, and from and after
29 that effective date all rights, powers, duties, and
30 responsibilities that were vested in or required by law
31 to be exercised and performed by the former regional
32 board of school trustees shall be vested in and exercised
33 and performed by the successors to the former regional
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1 board of school trustees as provided in subsection (b) of
2 this Section 6-2.
3 (2) The regional board of school trustees for an
4 educational service region containing fewer than
5 2,000,000 inhabitants may be abolished as provided in
6 this paragraph. If all of the territory of an
7 educational service region is located entirely within one
8 county, the regional board of school trustees for that
9 single county educational service region may be abolished
10 by a resolution adopted by a vote of a majority of the
11 members of the county board of that county. If the
12 territory of an educational service region is located in
13 more than one county, the regional board of school
14 trustees for that multicounty educational service region
15 may be abolished by resolution adopted by a vote of a
16 majority of the members of the county boards of each of
17 the counties in which the territory of that educational
18 service region is located. Notwithstanding any other
19 provisions of this paragraph, a county board may not vote
20 upon or adopt a resolution to abolish a regional board of
21 school trustees until at least 30 days after a public
22 announcement is made by the county board that a
23 resolution to abolish the regional board of school
24 trustees will be included on the agenda of a public
25 meeting of the county board to be held on a specified
26 future date, during which meeting the resolution is to be
27 voted upon. Newspaper publication notice of the required
28 public announcement is not required, and the announcement
29 may be made by the person serving as chairperson of the
30 county board at a public meeting of the board stating
31 publicly for the record, to be recorded in the minutes of
32 the meeting, that the resolution to abolish the regional
33 board of school trustees will be considered and voted
34 upon at a public meeting of the county board to be held
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1 on a specified date at least 30 days in the future. No
2 person shall be elected to fill the office of member of a
3 regional board of school trustees of a single county
4 educational service region at any election held on or
5 after the date on which the county board of the county in
6 which all of the territory of that educational service
7 region is located, at least 30 days after the public
8 announcement required by this paragraph is made, adopts a
9 resolution by a vote of a majority of the members of the
10 county board of that county to abolish the regional board
11 of school trustees of that educational service region.
12 No person shall be elected to fill the office of member
13 of a regional board of school trustees of a multicounty
14 educational service region at any election held on or
15 after the date by which all of the county boards of those
16 counties in which any part of the territory of that
17 multicounty educational service region is located, at
18 least 30 days after making their respective public
19 announcements as required by this paragraph, have adopted
20 a resolution by a vote of a majority of their respective
21 members to abolish the regional board of school trustees
22 of that multicounty educational service region. The
23 regional board of school trustees of a multicounty
24 educational service region may not be abolished unless
25 all of the county boards for the counties in which any
26 part of the territory of the multicounty educational
27 service region is located adopt a resolution to abolish
28 that regional board of school trustees in accordance with
29 the requirements of this paragraph. If the required
30 resolution or resolutions to abolish the regional board
31 of school trustees of a single county or multicounty
32 educational service region are adopted as provided in
33 this paragraph: (i) the term of each incumbent member of
34 that regional board of school trustees serving on the
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1 date on and after which members of that regional board of
2 school trustees no longer may be elected shall all expire
3 on the same date that the term of the member last elected
4 expires as provided by law; (ii) the terms of all such
5 incumbent members that, but for the provisions of this
6 amendatory Act of 1998, would have expired sooner, shall
7 be extended until the date on which the term of the
8 incumbent member last elected expires; and (iii) the
9 regional board of school trustees and the office of
10 member of a regional board of school trustees shall be
11 deemed abolished in that educational service region by
12 operation of law on the date on which the terms of those
13 incumbent members expire as provided in this paragraph.
14 However, if a petition for a change in school district
15 boundaries is filed under Article 7, a hearing or joint
16 hearing on that petition before a regional board of
17 school trustees that is to be abolished as provided in
18 this paragraph (or before that regional board of school
19 trustees and another entity required by law to
20 participate in the hearing of that petition) has already
21 been commenced, and a final decision on the petition has
22 not been reached by the date on which that regional board
23 of school trustees is to be abolished as provided in this
24 paragraph, then the terms of the members of that regional
25 board of school trustees shall again be extended, and
26 that regional board of school trustees shall not be
27 abolished and the terms of its members terminated until a
28 decision is reached on the petition that is deemed an
29 administrative decision under Section 3-101 of the Code
30 of Civil Procedure or until the regional board of school
31 trustees loses jurisdiction over the petition as provided
32 in Section 7-6, whichever first occurs. Upon abolition
33 of the regional board of school trustees in an
34 educational service region containing fewer than
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1 2,000,000 inhabitants as provided in this paragraph, all
2 rights, powers, duties, and responsibilities that were
3 vested in and required by law to be performed by that
4 former regional board of school trustees shall be vested
5 in and exercised and performed by the regional
6 superintendent of schools of that educational service
7 region as the successor to that former regional board of
8 school trustees as provided in subsection (c) of this
9 Section.
10 (a-5) Any school district whose board of education acts
11 as a board of school trustees shall continue to have within
12 its district the powers and duties that are exercised by of a
13 regional board of school trustees in an educational service
14 region in which that office has not been abolished.
15 (a-10) Unless abolished as provided in this Section, the
16 regional board of school trustees, in both single county and
17 multi-county educational service regions, shall consist of 7
18 members. In single county regions not more than one trustee
19 may be a resident of any one congressional township; however,
20 in case there are fewer than 7 congressional townships in the
21 region then not more than two of such trustees may be
22 residents of the same congressional township. In 2 county
23 regions at least 2 trustees shall be residents of each
24 county. In 3 or more county regions at least one trustee
25 shall be a resident of each county. If more than 7 counties
26 constitute the educational service region, the regional board
27 of school trustees shall consist of one resident of each
28 county. The regional board of school trustees, unless
29 abolished as provided in this Section, shall be a body
30 politic and corporate by the name of "Regional Board of
31 School Trustees of.... County (or Counties), Illinois",."
32 Such corporation shall have perpetual existence with power to
33 sue and be sued and to plead and be impleaded in all courts
34 and places where judicial proceedings are had.
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1 (b) Upon the abolition of the regional board of school
2 trustees and the termination of the terms of office of the
3 members of that former regional board of school trustees in
4 an educational service region containing 2,000,000 or more
5 inhabitants as provided in paragraph (1) of subsection (a),
6 the trustees of schools of each township included within the
7 territory of that educational service region that was served
8 by the former regional board of school trustees, or if any
9 such township is a township referred to in subsection (b) of
10 Section 5-1 and there are no trustees of schools acting in
11 that township then the school board of each school district
12 located in that township, shall be the successors to the
13 former regional board of school trustees. As successors to
14 the former regional board of school trustees, the trustees of
15 schools of each such township and the school board of each
16 such school district, with respect to all territory included
17 within the school township or school district served by the
18 trustees of schools of the township or school board, shall be
19 vested with and shall exercise and perform all rights,
20 powers, duties, and responsibilities formerly held,
21 exercised, and performed with respect to that territory by
22 the regional board of school trustees abolished under
23 paragraph (1) of subsection (a) of this Section.
24 Upon abolition of the regional board of school trustees
25 in an educational service region having 2,000,000 or more
26 inhabitants as provided in paragraph (1) of subsection (a) of
27 this Section, all books, records, maps, papers, documents,
28 equipment, supplies, accounts, deposits, and other personal
29 property belonging to or subject to the control or
30 disposition of the former regional board of school trustees
31 (excepting only such items as may have been provided by the
32 county board) shall be transferred and delivered to the
33 trustees of schools of the townships and the school boards
34 that are the successors to the former regional board of
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1 school trustees for the territory included within their
2 respective school townships or school districts.
3 From and after the effective date of this amendatory Act
4 of 1992, any reference in the School Code or any other law of
5 this State to the regional board of school trustees or county
6 board of school trustees shall mean, with respect to all
7 territory within an educational service region containing
8 2,000,000 or more inhabitants that formerly was served by a
9 regional board of school trustees abolished under paragraph
10 (1) of subsection (a) of this Section, the trustees of
11 schools of the township or the school board of the school
12 district that is the successor to the former regional board
13 of school trustees with respect to the territory included
14 within that school township or school district.
15 (c) If a regional board of school trustees is abolished
16 in an educational service region as provided in paragraph (2)
17 of subsection (a) of this Section, then upon its abolition
18 and the expiration of the terms of office of the members of
19 that regional board of school trustees as provided in
20 paragraph (2) of subsection (a), the regional superintendent
21 of schools of that educational service region shall be the
22 successor to that former regional board of school trustees,
23 and in that capacity:
24 (1) shall be vested with and shall exercise and
25 perform all rights, powers, duties, and responsibilities
26 formerly held, exercised, and performed with respect to
27 the territory within that educational service region by
28 the regional board of school trustees abolished under
29 paragraph (2) of subsection (a) of this Section;
30 (2) shall have, exercise, and perform, in all
31 proceedings under Article 7 to change by detachment,
32 annexation, division, dissolution, or any combination of
33 those methods the boundaries of any school district
34 located in the educational service region served by the
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1 regional superintendent of schools, all powers, duties,
2 and responsibilities required under that Article to be
3 exercised and performed in those proceedings by a
4 regional board of school trustees;
5 (3) shall be entitled to receive and hold all
6 books, records, maps, papers, documents, equipment,
7 supplies, accounts, deposits, and other personal property
8 belonging to or subject to the control or disposition of
9 the former regional board of school trustees for the
10 territory of the educational service region served by the
11 regional superintendent of schools; and
12 (4) shall hold legal title to, manage, and operate
13 any remaining common school lands and township loanable
14 funds of school townships located in a county that has at
15 least 220,000 but fewer than 2,000,000 inhabitants and
16 that forms all or part of an educational service region
17 in which the regional board of school trustees has been
18 abolished as provided in paragraph (2) of subsection (a),
19 those common school lands and township loanable funds to
20 be held and applied for the use and benefit of the
21 respective school townships by the regional
22 superintendent of schools as the successor to the former
23 regional board of school trustees when acting, prior to
24 its abolition, as the township land commissioners of
25 those townships.
26 From and after the effective date of this amendatory Act
27 of 1998, any reference in the School Code or any other law of
28 this State to the regional board of school trustees or county
29 board of school trustees shall mean, for all purposes and
30 with respect to all territory within an educational service
31 region that formerly was served by a regional board of school
32 trustees abolished under paragraph (2) of subsection (a) of
33 this Section, the regional superintendent of schools of that
34 educational service region, as the successor to all rights,
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1 powers, duties, and responsibilities of the former regional
2 board of school trustees in that educational service region;
3 and any reference in the School Code to the township land
4 commissioners in a county that has at least 220,000 but fewer
5 than 2,000,000 inhabitants and that formerly was served by a
6 regional board of school trustees abolished under paragraph
7 (2) of subsection (a) of this Section shall mean and refer to
8 the regional superintendent of schools of the educational
9 service region in which that county is located, as successor
10 to the former regional board of school trustees when acting,
11 prior to its abolition, as township land commissioners in
12 that county.
13 (Source: P.A. 87-969.)
14 (105 ILCS 5/6-3) (from Ch. 122, par. 6-3)
15 Sec. 6-3. Eligibility for trustee's office.
16 No person shall be eligible for to the office of member
17 of the regional board of school trustees who is not a voter
18 of the educational service region and, in educational service
19 regions in which members of the regional board of school
20 trustees are still elected, qualified to vote in the election
21 for members of the regional board of school trustees, or who
22 is a member of a school board, or who is a school board
23 employee, or who holds any county office.
24 (Source: P.A. 78-514.)
25 (105 ILCS 5/6-4) (from Ch. 122, par. 6-4)
26 Sec. 6-4. Election date. Except in those educational
27 service regions in which members of the regional board of
28 school trustees no longer may be elected or in which the
29 regional board of school trustees has been abolished as
30 provided in subsection (a) of Section 6-2, members of a the
31 regional board of school trustees shall be elected at the
32 regular election specified in the general election law in
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1 each odd-numbered year.
2 (Source: P.A. 81-1490.)
3 (105 ILCS 5/6-10) (from Ch. 122, par. 6-10)
4 Sec. 6-10. Nominating petition. The nomination of
5 candidates for members of the regional board of school
6 trustees in those single county or multi-county educational
7 service regions in which members of the regional board of
8 school trustees are to be elected shall be made by a petition
9 filed with the county clerk, in the case of a single county
10 region, and, in the case of multi-county regions with the
11 State Board of Elections and signed by at least 50 voters
12 qualified to vote at the election. In addition to the
13 requirements of the general election law, the petition shall
14 specify the county and township (or road district) of the
15 candidate's residence.
16 Nomination papers filed under this Section are not valid
17 unless the candidate named therein files with the county
18 clerk or State Board of Elections a statement of economic
19 interests as required by the Illinois Governmental Ethics
20 Act. Such receipt shall be so filed either previously during
21 the calendar year in which his nomination papers were filed
22 or within the period for the filing of nomination papers in
23 accordance with the general election law.
24 A candidate for membership on the regional board of
25 school trustees, who has petitioned for nomination to fill a
26 full term and to fill a vacant term to be voted upon at the
27 same election, must withdraw his or her petition for
28 nomination to the regional board of school trustees from
29 either the full term or the vacant term by written
30 declaration, within the time and in the manner provided by
31 the general election law.
32 (Source: P.A. 81-1490.)
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1 (105 ILCS 5/6-11) (from Ch. 122, par. 6-11)
2 Sec. 6-11. Maps of townships and regions. In those
3 educational service regions in which members of a regional
4 board of school trustees are to be elected, there shall be
5 posted in a conspicuous place at each polling place on the
6 day of election a map showing the congressional townships of
7 the county, or where appropriate, showing the counties of the
8 educational service region. The Regional Superintendent
9 shall supply sufficient copies of such maps to the
10 appropriate election authorities for election day use.
11 (Source: P.A. 81-1490.)
12 (105 ILCS 5/6-17) (from Ch. 122, par. 6-17)
13 Sec. 6-17. Election of president - Terms of members.
14 Except as otherwise provided in Section 2A-54 of the Election
15 Code, On the first Monday in May, following the first
16 election, or if such day is a holiday then the next day, the
17 regional superintendent of schools, who shall be the
18 ex-officio secretary of the board until it is abolished as
19 provided in Section 6-2, shall convene the newly elected
20 regional board of school trustees for the purpose of
21 organization. Except as provided in Section 2A-54 of the
22 Election Code, at this meeting the members shall elect a
23 president from among their number who shall serve as
24 president for a term of 2 years and shall determine by lot
25 the length of the term of each member so that 2 shall serve
26 for a term of 2 years, 2 for 4 years and 3 for 6 years from
27 the first Monday of the month following the date of their
28 election. Except as provided in Section 2A-54 of the Election
29 Code, thereafter members shall be elected to serve for a term
30 of 6 years from the first Monday of the month following the
31 date of their election or until their successors are elected
32 and qualified.
33 All succeeding meetings for the purpose of organization
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1 shall be held on the first Monday in May following the
2 election; however, in case the first Monday in May is a
3 holiday the organization meeting shall be held on the next
4 day.
5 If educational service regions are consolidated under
6 Section 3A-3 or 3A-4 of this Act, however, the expiring terms
7 of members of each regional board of school trustees in those
8 regions being consolidated shall be extended so as to
9 terminate on the first Monday of August of the year that
10 consolidation takes effect, as defined in Section 3A-5 of
11 this Act, and, on such day, the regional superintendent of
12 the consolidated region shall convene all the members of each
13 regional board of school trustees in the consolidated region,
14 and shall by lot select from among such trustees an interim
15 regional board of school trustees for the consolidated region
16 in accord with the specifications as to membership and
17 residency in Section 6-2. The interim board so selected
18 shall serve until their successors are elected at the
19 succeeding regular election of regional school trustees and
20 have qualified. A single regional board of school trustees
21 shall be elected at such succeeding regular election to take
22 office on the first Monday of the month following such
23 election. The board elected for the consolidated region
24 shall be convened on such first Monday of the month following
25 such election for organizational purposes, to elect a
26 president and determine terms for its members by lot as
27 provided in this Section. The respective regional boards of
28 school trustees of educational service regions involved in
29 consolidations under Section 3A-3 or 3A-4 shall cease to
30 exist at the time the board elected for the consolidated
31 region is so organized.
32 The provisions of this Section relating to the
33 organization and the election and terms of members of
34 regional boards of school trustees do not apply in an
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1 educational service region in which the regional board of
2 school trustees has been abolished or in which members of the
3 regional board of school trustees no longer may be elected as
4 provided in paragraph (2) of subsection (a) of Section 6-2.
5 (Source: P.A. 90-358, eff. 1-1-98.)
6 (105 ILCS 5/6-18) (from Ch. 122, par. 6-18)
7 Sec. 6-18. Meeting dates - Place - Quorum. Unless it is
8 abolished as provided in Section 6-2, the regional board of
9 school trustees shall hold regular meetings on the first
10 Monday of July, October, January and April; however, in case
11 the first Monday of any of these months falls on a legal
12 holiday the regular meeting shall be held on the next day.
13 With appropriate public notice, the board may cancel its
14 regular quarterly meeting if no issues for action have been
15 presented to the board and it has no pending business.
16 All regular meetings of the board shall be held at the
17 office of the regional superintendent.
18 Special meetings may be called by the president or by 4
19 members of the board by giving a 48-hour written notice of
20 the meeting stating the time and place of the meeting and the
21 purpose thereof. Public notice of meetings must also be
22 given as prescribed in Sections 2.02 and 2.03 of the Open
23 Meetings Act.
24 A majority of the members elected to the board shall
25 constitute a quorum. Unless otherwise provided a majority
26 vote of all the board shall be required to decide a measure.
27 (Source: P.A. 89-106, eff. 7-7-95.)
28 (105 ILCS 5/6-19) (from Ch. 122, par. 6-19)
29 Sec. 6-19. Vacancy on regional board. Any vacancy on the
30 regional board of school trustees shall be filled from the
31 same territory by the remaining members until the next
32 regular election for members of the regional board of school
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1 trustees, when the vacancy shall be filled for the unexpired
2 time. However, in an educational service region in which
3 members of the regional board of school trustees may no
4 longer be elected as provided in paragraph (2) of subsection
5 (a) of Section 6-2, a vacancy on the regional board of school
6 trustees shall be filled by the remaining members from the
7 same territory from which the member in whose office the
8 vacancy occurs was elected, the person so appointed to serve
9 until the regional board of school trustees is abolished as
10 provided in paragraph (2) of subsection (a) of Section 6-2.
11 Removal of a member from the township from which such member
12 was elected or otherwise selected to fill a vacancy into a
13 township which has its quota of members on the board shall
14 constitute a vacancy.
15 (Source: P.A. 80-1469.)
16 (105 ILCS 5/7-01) (from Ch. 122, par. 7-01)
17 Sec. 7-01. For purposes of this Article 7, "county board
18 of school trustees" means the regional board of school
19 trustees elected under Article 6 of this Act (or, if a
20 regional board of school trustees is abolished as provided in
21 Section 6-2, the successor to that former regional board of
22 school trustees as provided in Section 7-04 or 7-05), and
23 "county" means an educational service region, as determined
24 under Article 3A of this Act.
25 (Source: P. A. 78-514.)
26 (105 ILCS 5/7-04) (from Ch. 122, par. 7-04)
27 Sec. 7-04. Districts in educational service regions of
28 2,000,000 or more inhabitants.
29 (a) In all proceedings under this Article to change by
30 detachment, annexation, division, dissolution, or any
31 combination of those methods the boundaries of any school
32 district (other than a school district organized under
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1 Article 34) located in an educational service region of
2 2,000,000 or more inhabitants in which the regional board of
3 school trustees is abolished as provided in paragraph (1) of
4 subsection (a) of Section 6-2, the trustees of schools of the
5 township in which that school district is located, as the
6 successor under subsection (b) of Section 6-2 to the former
7 regional board of school trustees with respect to all
8 territory located in that school township, shall have,
9 exercise, and perform all powers, duties, and
10 responsibilities required under this Article to be exercised
11 and performed in those proceedings by a regional board of
12 school trustees; provided that if any school district
13 affected by those proceedings is located in a school township
14 referred to in subsection (b) of Section 5-1 and there are no
15 trustees of schools acting in that township then the school
16 board of any such district, as the successor under subsection
17 (b) of Section 6-2 to the former regional board of school
18 trustees with respect to the territory comprising that school
19 district, shall have, exercise, and perform all powers,
20 duties, and responsibilities required under this Article to
21 be exercised and performed in those proceedings with respect
22 to the territory of that school district by a regional board
23 of school trustees; and provided further that: (i) when any
24 school district affected by those proceedings is located not
25 only in an educational service region of 2,000,000 or more
26 inhabitants but also in 2 or more school townships in that
27 region that each have trustees of schools of the township,
28 then the boundaries of that school district may be changed
29 under this Article by detachment, annexation, division,
30 dissolution, or any combination of those methods only by the
31 concurrent action of, taken following a joint hearing before
32 the trustees of schools of those townships (in that
33 educational service region) in which that school district is
34 located; and (ii) if any part of the school district referred
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1 to in item (i) of this subsection also lies within an
2 educational service region that has fewer than 2,000,000
3 inhabitants a regional board of school trustees, the
4 boundaries of that district may be changed under this Article
5 only by the concurrent action of, taken following a joint
6 hearing before the trustees of schools of the townships
7 referred to in item (i) of this subsection and the regional
8 board of school trustees of the educational service region
9 referred to in this item (ii) of this subsection (or, if the
10 regional board of school trustees of that educational service
11 region has been abolished as provided in paragraph (2) of
12 subsection (a) of Section 6-2, the regional superintendent of
13 schools of that educational service region as the successor
14 to that former regional board of school trustees). Whenever
15 concurrent action and joint hearings are required under this
16 subsection, the original petition shall be filed with the
17 trustees of schools of the township in which the territory or
18 greatest portion of the territory being detached is located,
19 or if the territory is being detached from more than one
20 educational service region then with the regional board of
21 school trustees of the region or the trustees of schools of
22 the township in which the territory or greatest portion of
23 the territory being detached is located. Whenever a regional
24 superintendent of schools acting in his or her capacity as
25 successor to a regional board of school trustees that is
26 abolished under paragraph (2) of subsection (a) of Section
27 6-2 is one of the entities before which a joint hearing is
28 required to be held by this subsection or any other provision
29 of this Article, the vote of that regional superintendent of
30 schools shall be equivalent to and accorded the same weight
31 in determining the concurrent action to be taken at and the
32 decision to be made following the joint hearing as the vote
33 of a majority of the trustees of schools of a township or a
34 majority of the members of a regional board of school
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1 trustees or school board whose concurrent action is required
2 for the decision.
3 (b) Except as otherwise provided in this Section, all
4 other provisions of this Article shall apply to any
5 proceedings under this Article to change the boundaries of
6 any school district located in an educational service region
7 having 2,000,000 or more inhabitants in the same manner that
8 those provisions apply to any proceedings to change the
9 boundaries of any school district located in any other
10 educational service region; provided, that any reference in
11 those other provisions to the regional board of school
12 trustees shall mean, with respect to all territory within an
13 educational service region containing 2,000,000 or more
14 inhabitants that formerly was served by a regional board of
15 school trustees abolished under paragraph (1) of subsection
16 (a) of Section 6-2, the trustees of schools of the township
17 or the school board of the school district that is the
18 successor under subsection (b) of Section 6-2 to the former
19 regional board of school trustees with respect to the
20 territory included within that school township or school
21 district.
22 (Source: P.A. 87-969.)
23 (105 ILCS 5/7-05 new)
24 Sec. 7-05. Districts in educational service regions of
25 fewer than 2,000,000 inhabitants.
26 (a) If the regional board of school trustees in an
27 educational service region of fewer than 2,000,000
28 inhabitants is abolished as provided in paragraph (2) of
29 subsection (a) of Section 6-2, then in all proceedings under
30 this Article to change by detachment, annexation, division,
31 dissolution, or any combination of those methods the
32 boundaries of any school district located in that educational
33 service region, the regional superintendent of schools of
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1 that educational service region, as the successor under
2 subsection (c) of Section 6-2 to the former regional board of
3 school trustees with respect to all territory located in that
4 educational service region, shall have, exercise, and perform
5 all powers, duties, and responsibilities required under this
6 Article to be exercised and performed in those proceedings by
7 a regional board of school trustees. However, if any school
8 district affected by those proceedings is located in more
9 than one educational service region, the boundaries of that
10 district may be changed under this Article only by the
11 concurrent action of, taken following a joint hearing before:
12 (i) the regional superintendent of schools of each
13 educational service region in which the regional board of
14 school trustees is abolished under paragraph (2) of
15 subsection (a) of Section 6-2 and in which any part of that
16 district is located; (ii) the regional board of school
17 trustees of each educational service region of fewer than
18 2,000,000 inhabitants in which the regional board of school
19 trustees has not been abolished and in which any part of the
20 affected district is located; and (iii) if part of the
21 territory of the affected district also is located in an
22 educational service region having 2,000,000 or more
23 inhabitants, the trustees of schools of the township in that
24 educational service region in which that part of the affected
25 school district is located or the school board of that
26 district if there are no township trustees of schools acting
27 in that township. Whenever such concurrent action and joint
28 hearings are required, the original petition shall be filed
29 with the regional board of school trustees or the regional
30 superintendent of schools as the successor to the regional
31 board of school trustees of the educational service region in
32 which the regional superintendent of schools has supervision
33 over the territory or greatest portion of the territory being
34 detached. Whenever a regional superintendent of schools
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1 acting in his or her capacity as successor to a regional
2 board of school trustees that is abolished under paragraph
3 (2) of subsection (a) of Section 6-2 is one of the entities
4 before which a joint hearing is required to be held by this
5 subsection or any other provision of this Article, the vote
6 of that regional superintendent of schools shall be
7 equivalent to and accorded the same weight in determining the
8 concurrent action to be taken at and the decision to be made
9 following the joint hearing as the vote of a majority of the
10 trustees of schools of a township or a majority of the
11 members of a regional board of school trustees or school
12 board whose concurrent action is required for the decision.
13 (b) Except as otherwise provided in this Section, all
14 other provisions of this Article shall apply to any
15 proceedings under this Article to change the boundaries of
16 any school district located in an educational service region
17 having fewer than 2,000,000 inhabitants in the same manner
18 that those provisions apply to any proceedings to change the
19 boundaries of any school district located in any other
20 educational service region. However, if the regional board
21 of school trustees in an educational service region of fewer
22 than 2,000,000 inhabitants is abolished as provided in
23 paragraph (2) of subsection (a) of Section 6-2, then any
24 reference in those other provisions to the regional board of
25 school trustees shall mean, with respect to all territory
26 within that educational service region of fewer than
27 2,000,000 inhabitants that formerly was served by the
28 regional board of school trustees so abolished, the regional
29 superintendent of schools of that educational service region.
30 (105 ILCS 5/7-7) (from Ch. 122, par. 7-7)
31 Sec. 7-7. Administrative Review Law. The decision of the
32 regional board of school trustees, or the decision of the
33 regional boards of school trustees following a joint hearing
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1 (or the decision of any successor or successors under
2 subsection (b) or (c) of Section 6-2 of such regional board
3 or boards of school trustees in the event of the abolition of
4 any such regional board or boards of school trustees as
5 provided in subsection (a) of Section 6-2), or the decision
6 of the State Superintendent of Education in cases determined
7 pursuant to subsection (l) of Section 7-6, shall be deemed an
8 "administrative decision" as defined in Section 3-101 of the
9 Code of Civil Procedure; and any resident who appears at the
10 hearing or any petitioner or board of education of any
11 district affected may within 35 days after a copy of the
12 decision sought to be reviewed was served by registered mail
13 upon the party affected thereby file a complaint for a
14 judicial review of such decision in accordance with the
15 Administrative Review Law and the rules adopted pursuant
16 thereto. The commencement of any action for judicial review
17 shall operate as a stay of enforcement, and no further
18 proceedings shall be had until final disposition of such
19 review. If the transcript of the hearing is required to be
20 presented to another regional county board of school trustees
21 or its successor under subsection (b) or (c) of Section 6-2,
22 the time within which a complaint for review must be filed
23 shall not begin to run until the decision of the regional
24 board of school trustees hearing the petition or its
25 successor has been granted or denied by the regional board of
26 school trustees or its successor conducting a hearing on the
27 transcript. The circuit court of the county in which the
28 petition is filed with the regional board of school trustees
29 or with its successor under subsection (b) or (c) of Section
30 6-2 shall have sole jurisdiction to entertain a complaint for
31 such review when only one regional board of school trustees
32 or its successor must act; however, when the regional boards
33 of school trustees or their respective successors act
34 following a joint hearing, the circuit court of the county in
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1 which the joint hearing on the original petition is
2 conducted shall have sole jurisdiction of the complaint for
3 such review.
4 (Source: P.A. 87-210.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2
4 10 ILCS 5/2A-50 rep.
5 105 ILCS 5/6-1 from Ch. 122, par. 6-1
6 105 ILCS 5/6-2 from Ch. 122, par. 6-2
7 105 ILCS 5/6-3 from Ch. 122, par. 6-3
8 105 ILCS 5/6-17 from Ch. 122, par. 6-17
9 105 ILCS 5/6-18 from Ch. 122, par. 6-18
10 105 ILCS 5/6-19 from Ch. 122, par. 6-19
11 105 ILCS 5/6-20 from Ch. 122, par. 6-20
12 105 ILCS 5/6-21 from Ch. 122, par. 6-21
13 105 ILCS 5/7-01 from Ch. 122, par. 7-01
14 105 ILCS 5/7-04 from Ch. 122, par. 7-04
15 105 ILCS 5/7-05 new
16 105 ILCS 5/7-7 from Ch. 122, par. 7-7
17 105 ILCS 5/6-4 rep.
18 105 ILCS 5/6-5 rep.
19 105 ILCS 5/6-10 rep.
20 105 ILCS 5/6-11 rep.
21 105 ILCS 5/6-12 rep.