Bill Text: IL SB2805 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the School Code. Makes a technical change in a Section concerning boards of education.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB2805 Detail]

Download: Illinois-2011-SB2805-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB2805 Introduced 1/18/2012, by Sen. David S. Luechtefeld 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.
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A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Section
10-10 as follows:
(105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
Sec. 10-10. Board of education; Term; Vacancy. All school
districts having a population of not fewer than 1,000 and and
not more than 500,000 inhabitants, as ascertained by any
special or general census, and not governed by special Acts,
shall be governed by a board of education consisting of 7
members, serving without compensation except as herein
provided. Each member shall be elected for a term of 4 years
for the initial members of the board of education of a combined
school district to which that subsection applies. If 5 members
are elected in 1983 pursuant to the extension of terms provided
by law for transition to the consolidated election schedule
under the general election law, 2 of those members shall be
elected to serve terms of 2 years and 3 shall be elected to
serve terms of 4 years; their successors shall serve for a 4
year term. When the voters of a district have voted to elect
members of the board of education for 6 year terms, as provided
in Section 9-5, the terms of office of members of the board of

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education of that district expire when their successors assume
office but not later than 7 days after such election. If at the
regular school election held in the first odd-numbered year
after the determination to elect members for 6 year terms 2
members are elected, they shall serve for a 6 year term; and of
the members elected at the next regular school election 3 shall
serve for a term of 6 years and 2 shall serve a term of 2 years.
Thereafter members elected in such districts shall be elected
to a 6 year term. If at the regular school election held in the
first odd-numbered year after the determination to elect
members for 6 year terms 3 members are elected, they shall
serve for a 6 year term; and of the members elected at the next
regular school election 2 shall serve for a term of 2 years and
2 shall serve for a term of 6 years. Thereafter members elected
in such districts shall be elected to a 6 year term. If at the
regular school election held in the first odd-numbered year
after the determination to elect members for 6 year terms 4
members are elected, 3 shall serve for a term of 6 years and
one shall serve for a term of 2 years; and of the members
elected at the next regular school election 2 shall serve for
terms of 6 years and 2 shall serve for terms of 2 years.
Thereafter members elected in such districts shall be elected
to a 6 year term. If at the regular school election held in the
first odd-numbered year after the determination to elect
members for a 6 year term 5 members are elected, 3 shall serve
for a term of 6 years and 2 shall serve for a term of 2 years;

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and of the members elected at the next regular school election
2 shall serve for terms of 6 years and 2 shall serve for terms
of 2 years. Thereafter members elected in such districts shall
be elected to a 6 year term. An election for board members
shall not be held in school districts which by consolidation,
annexation or otherwise shall cease to exist as a school
district within 6 months after the election date, and the term
of all board members which would otherwise terminate shall be
continued until such district shall cease to exist. Each
member, on the date of his or her election, shall be a citizen
of the United States of the age of 18 years or over, shall be a
resident of the State and the territory of the district for at
least one year immediately preceding his or her election, shall
be a registered voter as provided in the general election law,
shall not be a school trustee, and shall not be a child sex
offender as defined in Section 11-9.3 of the Criminal Code of
1961. When the board of education is the successor of the
school directors, all rights of property, and all rights
regarding causes of action existing or vested in such
directors, shall vest in it as fully as they were vested in the
school directors. Terms of members are subject to Section 2A-54
of the Election Code.
Nomination papers filed under this Section are not valid
unless the candidate named therein files with the secretary of
the board of education or with a person designated by the board
to receive nominating petitions a receipt from the county clerk

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showing that the candidate has filed a statement of economic
interests as required by the Illinois Governmental Ethics Act.
Such receipt shall be so filed either previously during the
calendar year in which his nomination papers were filed or
within the period for the filing of nomination papers in
accordance with the general election law.
Whenever a vacancy occurs, the remaining members shall
notify the regional superintendent of that vacancy within 5
days after its occurrence and shall proceed to fill the vacancy
until the next regular school election, at which election a
successor shall be elected to serve the remainder of the
unexpired term. However, if the vacancy occurs with less than
868 days remaining in the term, or if the vacancy occurs less
than 88 days before the next regularly scheduled election for
this office then the person so appointed shall serve the
remainder of the unexpired term, and no election to fill the
vacancy shall be held. Should they fail so to act, within 45
days after the vacancy occurs, the regional superintendent of
schools under whose supervision and control the district is
operating, as defined in Section 3-14.2 of this Act, shall
within 30 days after the remaining members have failed to fill
the vacancy, fill the vacancy as provided for herein. Upon the
regional superintendent's failure to fill the vacancy, the
vacancy shall be filled at the next regularly scheduled
election. Whether elected or appointed by the remaining members
or regional superintendent, the successor shall be an

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inhabitant of the particular area from which his or her
predecessor was elected if the residential requirements
contained in Section 10-10.5 or 12-2 of this Code apply.
A board of education may appoint a student to the board to
serve in an advisory capacity. The student member shall serve
for a term as determined by the board. The board may not grant
the student member any voting privileges, but shall consider
the student member as an advisor. The student member may not
participate in or attend any executive session of the board.
(Source: P.A. 96-538, eff. 8-14-09.)