Bill Text: IL HB2816 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the School Code. Makes a technical change in a Section concerning boards of education.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB2816 Detail]
Download: Illinois-2011-HB2816-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | |||||||||||||||||||
5 | 10-10 as follows:
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6 | (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
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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
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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
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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
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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
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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
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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,
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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
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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.
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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.
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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
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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
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3 | contained in Section 10-10.5 or 12-2 of this Code apply.
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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.
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10 | (Source: P.A. 96-538, eff. 8-14-09.)
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