Public Act 103-0790

HB0305 Enrolled LRB103 03832 RJT 48838 b

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 Sections

5-1, 5-2, 5-2.1, 5-2.2, 5-3, 5-4, 5-12, 5-13, 5-16, and 8-1 as

follows:

(105 ILCS 5/5-1) (from Ch. 122, par. 5-1)

Sec. 5-1. County school units.

(a) The territory in each county, exclusive of any school

district governed by any special act which requires the

district to appoint its own school treasurer, shall constitute

a county school unit. County school units of less than

2,000,000 inhabitants shall be known as Class I county school

units and the office of township trustees, where existing on

July 1, 1962, in such units shall be abolished on that date and

all books and records of such former township trustees shall

be forthwith thereafter transferred to the county board of

school trustees. County school units of 2,000,000 or more

inhabitants shall be known as Class II county school units and

shall retain the office of township trustees unless otherwise

provided in subsection (b), or (c), or (d), or shall be

administered as provided Section 5-2.2.

(b) Notwithstanding subsections (a) and (c), the school

board of any elementary school district having a fall, 1989

aggregate enrollment of at least 2,500 but less than 6,500

pupils and having boundaries that are coterminous with the

boundaries of a high school district, and the school board of

any high school district having a fall, 1989 aggregate

enrollment of at least 2,500 but less than 6,500 pupils and

having boundaries that are coterminous with the boundaries of

an elementary school district, may, whenever the territory of

such school district forms a part of a Class II county school

unit, by proper resolution withdraw such school district from

the jurisdiction and authority of the trustees of schools of

the township in which such school district is located and from

the jurisdiction and authority of the township treasurer in

such Class II county school unit; provided that the school

board of any such school district shall, upon the adoption and

passage of such resolution, thereupon elect or appoint its own

school treasurer as provided in Section 8-1. Upon the adoption

and passage of such resolution and the election or appointment

by the school board of its own school treasurer: (1) the

trustees of schools in such township shall no longer have or

exercise any powers and duties with respect to the school

district governed by such school board or with respect to the

school business, operations or assets of such school district;

and (2) all books and records of the township trustees

relating to the school business and affairs of such school

district shall be transferred and delivered to the school

board of such school district. Upon the effective date of this

amendatory Act of 1993, the legal title to, and all right,

title and interest formerly held by the township trustees in

any school buildings and school sites used and occupied by the

school board of such school district for school purposes, that

legal title, right, title and interest thereafter having been

transferred to and vested in the regional board of school

trustees under P.A. 87-473 until the abolition of that

regional board of school trustees by P.A. 87-969, shall be

deemed transferred by operation of law to and shall vest in the

school board of that school district.

Notwithstanding subsections (a) and (c), the school boards

of Oak Park & River Forest District 200, Oak Park Elementary

School District 97, and River Forest School District 90 may,

by proper resolution, withdraw from the jurisdiction and

authority of the trustees of schools of Proviso and Cicero

Townships and the township treasurer, provided that the school

board shall, upon the adoption and passage of the resolution,

elect or appoint its own school treasurer as provided in

Section 8-1 of this Code. Upon the adoption and passage of the

resolution and the election or appointment by the school board

of its own school treasurer: (1) the trustees of schools in the

township or townships shall no longer have or exercise any

powers or duties with respect to the school district or with

respect to the school business, operations, or assets of the

school district; (2) all books and records of the trustees of

schools and all moneys, securities, loanable funds, and other

assets relating to the school business and affairs of the

school district shall be transferred and delivered to the

school board; and (3) all legal title to and all right, title,

and interest formerly held by the trustees of schools in any

common school lands, school buildings, or school sites used

and occupied by the school board and all rights of property and

causes of action pertaining to or constituting a part of the

common school lands, buildings, or sites shall be deemed

transferred by operation of law to and shall vest in the school

board.

Notwithstanding subsections (a) and (c), the respective

school boards of Berwyn North School District 98, Berwyn South

School District 100, Cicero School District 99, and J.S.

Morton High School District 201 may, by proper resolution,

withdraw from the jurisdiction and authority of the trustees

of schools of Cicero Township and the township treasurer,

provided that the school board shall, upon the adoption and

passage of the resolution, elect or appoint its own school

treasurer as provided in Section 8-1 of this Code. Upon the

adoption and passage of the resolution and the election or

appointment by the school board of its own school treasurer:

(1) the trustees of schools in the township shall no longer

have or exercise any powers or duties with respect to the

school district or with respect to the school business,

operations, or assets of the school district; (2) all books

and records of the trustees of schools and all moneys,

securities, loanable funds, and other assets relating to the

school business and affairs of the school district shall be

transferred and delivered to the school board; and (3) all

legal title to and all right, title, and interest formerly

held by the trustees of schools in any common school lands,

school buildings, or school sites used and occupied by the

school board and all rights of property and causes of action

pertaining to or constituting a part of the common school

lands, buildings, or sites shall be deemed transferred by

operation of law to and shall vest in the school board.

Notwithstanding subsections (a) and (c) of this Section

and upon final judgment, including the exhaustion of all

appeals or a settlement between all parties, regarding claims

set forth in the case of Township Trustees of Schools Township

38 North, Range 12 East v. Lyons Township High School District

No. 204 case N. 13 CH 23386 pending in 2018 in the Circuit

Court of Cook County, Illinois, County Department, Chancery

Division, and all related pending claims, the school board of

Lyons Township High School District 204 may commence, by

proper resolution, to withdraw from the jurisdiction and

authority of the trustees of schools of Lyons Township and the

township treasurer, provided that the school board shall, upon

the adoption and passage of the resolution, elect or appoint

its own school treasurer as provided in Section 8-1 of this

Code. Upon the adoption and passage of the resolution and the

election or appointment by the school board of its own school

treasurer commencing with the first day of the succeeding

fiscal year, but not prior to July 1, 2019: (1) the trustees of

schools in the township shall no longer have or exercise any

powers or duties with respect to the school district or with

respect to the school business, operations, or assets of the

school district; (2) all books and records of the trustees of

schools and all moneys, securities, loanable funds, and other

assets relating to the school business and affairs of the

school district shall be transferred and delivered to the

school board, allowing for a reasonable period of time not to

exceed 90 days to liquidate any pooled investments; and (3)

all legal title to and all right, title, and interest formerly

held by the trustees of schools in any common school lands,

school buildings, or school sites used and occupied by the

school board and all rights of property and causes of action

pertaining to or constituting a part of the common school

lands, buildings, or sites shall be deemed transferred by

operation of law to and shall vest in the school board. The

changes made to this Section by this amendatory Act of the

100th General Assembly are prospective only, starting from the

effective date of this amendatory Act of the 100th General

Assembly, and shall not affect any legal action pending on the

effective date of this amendatory Act of the 100th General

Assembly in the Illinois courts in which Lyons Township High

School District 204 is a listed party.

Notwithstanding subsections (a) and (c), the school boards

of Glenbrook High School District 225, Northbrook Elementary

School District 27, Northbrook School District 28, Sunset

Ridge School District 29, Northbrook/Glenview School District

30, West Northfield School District 31, and Glenview Community

Consolidated School District 34 may, by proper resolution,

withdraw from the jurisdiction and authority of the trustees

of schools of Northfield and Maine Townships and the township

treasurer, provided that the school board shall, upon the

adoption and passage of the resolution, elect or appoint its

own school treasurer as provided in Section 8-1 of this Code.

Upon the adoption and passage of the resolution and the

election or appointment by the school board of its own school

treasurer: (1) the trustees of schools in the township or

townships shall no longer have or exercise any powers or

duties with respect to the school district or with respect to

the school business, operations, or assets of the school

district; (2) all books and records of the trustees of schools

and all moneys, securities, loanable funds, and other assets

relating to the school business and affairs of the school

district shall be transferred and delivered to the school

board; and (3) all legal title to and all right, title, and

interest formerly held by the trustees of schools in any

common school lands, school buildings, or school sites used

and occupied by the school board and all rights of property and

causes of action pertaining to or constituting a part of the

common school lands, buildings, or sites shall be deemed

transferred by operation of law to and shall vest in the school

board.

(c) Notwithstanding the provisions of subsection (a), the

offices of township treasurer and trustee of schools of any

township located in a Class II county school unit shall be

abolished as provided in this subsection if all of the

following conditions are met:

(1) During the same 30 day period, each school board

of each elementary and unit school district that is

subject to the jurisdiction and authority of the township

treasurer and trustees of schools of the township in which

those offices are sought to be abolished gives written

notice by certified mail, return receipt requested to the

township treasurer and trustees of schools of that

township of the date of a meeting of the school board, to

be held not more than 90 nor less than 60 days after the

date when the notice is given, at which meeting the school

board is to consider and vote upon the question of whether

there shall be submitted to the electors of the school

district a proposition to abolish the offices of township

treasurer and trustee of schools of that township. None of

the notices given under this paragraph to the township

treasurer and trustees of schools of a township shall be

deemed sufficient or in compliance with the requirements

of this paragraph unless all of those notices are given

within the same 30 day period.

(2) Each school board of each elementary and unit

school district that is subject to the jurisdiction and

authority of the township treasurer and trustees of

schools of the township in which those offices are sought

to be abolished, by the affirmative vote of at least 5

members of the school board at a school board meeting of

which notice is given as required by paragraph (1) of this

subsection, adopts a resolution requiring the secretary of

the school board to certify to the proper election

authorities for submission to the electors of the school

district at the next consolidated election in accordance

with the general election law a proposition to abolish the

offices of township treasurer and trustee of schools of

that township. None of the resolutions adopted under this

paragraph by any elementary or unit school districts that

are subject to the jurisdiction and authority of the

township treasurer and trustees of schools of the township

in which those offices are sought to be abolished shall be

deemed in compliance with the requirements of this

paragraph or sufficient to authorize submission of the

proposition to abolish those offices to a referendum of

the electors in any such school district unless all of the

school boards of all of the elementary and unit school

districts that are subject to the jurisdiction and

authority of the township treasurer and trustees of

schools of that township adopt such a resolution in

accordance with the provisions of this paragraph.

(3) The school boards of all of the elementary and

unit school districts that are subject to the jurisdiction

and authority of the township treasurer and trustees of

schools of the township in which those offices are sought

to be abolished submit a proposition to abolish the

offices of township treasurer and trustee of schools of

that township to the electors of their respective school

districts at the same consolidated election in accordance

with the general election law, the ballot in each such

district to be in substantially the following form:

----------------------------------------------

OFFICIAL BALLOT

Shall the offices of township

treasurer and YES

trustee of -------------

schools of Township ..... NO

Range ..... be abolished?

---------------------------------------------------------

(4) At the consolidated election at which the

proposition to abolish the offices of township treasurer

and trustee of schools of a township is submitted to the

electors of each elementary and unit school district that

is subject to the jurisdiction and authority of the

township treasurer and trustee of schools of that

township, a majority of the electors voting on the

proposition in each such elementary and unit school

district votes in favor of the proposition as submitted to

them.

If in each elementary and unit school district that is

subject to the jurisdiction and authority of the township

treasurer and trustees of schools of the township in which

those offices are sought to be abolished a majority of the

electors in each such district voting at the consolidated

election on the proposition to abolish the offices of township

treasurer and trustee of schools of that township votes in

favor of the proposition as submitted to them, the proposition

shall be deemed to have passed; but if in any such elementary

or unit school district a majority of the electors voting on

that proposition in that district fails to vote in favor of the

proposition as submitted to them, then notwithstanding the

vote of the electors in any other such elementary or unit

school district on that proposition the proposition shall not

be deemed to have passed in any of those elementary or unit

school districts, and the offices of township treasurer and

trustee of schools of the township in which those offices were

sought to be abolished shall not be abolished, unless in each

of those elementary and unit school districts remaining

subject to the jurisdiction and authority of the township

treasurer and trustees of schools of that township proceedings

are again initiated to abolish those offices and all of the

proceedings and conditions prescribed in paragraphs (1)

through (4) of this subsection are repeated and met in each of

those elementary and unit school districts.

Notwithstanding the foregoing provisions of this Section

or any other provision of the School Code, the offices of

township treasurer and trustee of schools of a township that

has a population of less than 200,000 and that contains a unit

school district and is located in a Class II county school unit

shall also be abolished as provided in this subsection if all

of the conditions set forth in paragraphs (1), (2), and (3) of

this subsection are met and if the following additional

condition is met:

The electors in all of the school districts subject to

the jurisdiction and authority of the township treasurer

and trustees of schools of the township in which those

offices are sought to be abolished shall vote at the

consolidated election on the proposition to abolish the

offices of township treasurer and trustee of schools of

that township. If a majority of the electors in all of the

school districts combined voting on the proposition vote

in favor of the proposition, then the proposition shall be

deemed to have passed; but if a majority of the electors

voting on the proposition in all of the school district

fails to vote in favor of the proposition as submitted to

them, then the proposition shall not be deemed to have

passed and the offices of township treasurer and trustee

of schools of the township in which those offices were

sought to be abolished shall not be abolished, unless and

until the proceedings detailed in paragraphs (1) through

(3) of this subsection and the conditions set forth in

this paragraph are met.

If the proposition to abolish the offices of township

treasurer and trustee of schools of a township is deemed to

have passed at the consolidated election as provided in this

subsection, those offices shall be deemed abolished by

operation of law effective on January 1 of the calendar year

immediately following the calendar year in which that

consolidated election is held, provided that if after the

election, the trustees of schools by resolution elect to

abolish the offices of township treasurer and trustee of

schools effective on July 1 immediately following the

election, then the offices shall be abolished on July 1

immediately following the election. On the date that the

offices of township treasurer and trustee of schools of a

township are deemed abolished by operation of law, the school

board of each elementary and unit school district and the

school board of each high school district that is subject to

the jurisdiction and authority of the township treasurer and

trustees of schools of that township at the time those offices

are abolished: (i) shall appoint its own school treasurer as

provided in Section 8-1; and (ii) unless the term of the

contract of a township treasurer expires on the date that the

office of township treasurer is abolished, shall pay to the

former township treasurer its proportionate share of any

aggregate compensation that, were the office of township

treasurer not abolished at that time, would have been payable

to the former township treasurer after that date over the

remainder of the term of the contract of the former township

treasurer that began prior to but ends after that date. In

addition, on the date that the offices of township treasurer

and trustee of schools of a township are deemed abolished as

provided in this subsection, the school board of each

elementary school, high school and unit school district that

until that date is subject to the jurisdiction and authority

of the township treasurer and trustees of schools of that

township shall be deemed by operation of law to have agreed and

assumed to pay and, when determined, shall pay to the Illinois

Municipal Retirement Fund a proportionate share of the

unfunded liability existing in that Fund at the time these

offices are abolished in that calendar year for all annuities

or other benefits then or thereafter to become payable from

that Fund with respect to all periods of service performed

prior to that date as a participating employee in that Fund by

persons serving during those periods of service as a trustee

of schools, township treasurer or regular employee in the

office of the township treasurer of that township. That

unfunded liability shall be actuarially determined by the

board of trustees of the Illinois Municipal Retirement Fund,

and the board of trustees shall thereupon notify each school

board required to pay a proportionate share of that unfunded

liability of the aggregate amount of the unfunded liability so

determined. The amount so paid to the Illinois Municipal

Retirement Fund by each of those school districts shall be

credited to the account of the township in that Fund. For each

elementary school, high school and unit school district under

the jurisdiction and authority of a township treasurer and

trustees of schools of a township in which those offices are

abolished as provided in this subsection, each such district's

proportionate share of the aggregate compensation payable to

the former township treasurer as provided in this paragraph

and each such district's proportionate share of the aggregate

amount of the unfunded liability payable to the Illinois

Municipal Retirement Fund as provided in this paragraph shall

be computed in accordance with the ratio that the number of

pupils in average daily attendance in each such district for

the school year last ending prior to the date on which the

offices of township treasurer and trustee of schools of that

township are abolished bears to the aggregate number of pupils

in average daily attendance in all of those districts as so

reported for that school year.

Upon abolition of the offices of township treasurer and

trustee of schools of a township as provided in this

subsection: (i) the regional board of school trustees, in its

corporate capacity, shall be deemed the successor in interest

to the former trustees of schools of that township with

respect to the common school lands and township loanable funds

of the township; (ii) all right, title and interest existing

or vested in the former trustees of schools of that township in

the common school lands and township loanable funds of the

township, and all records, moneys, securities and other

assets, rights of property and causes of action pertaining to

or constituting a part of those common school lands or

township loanable funds, shall be transferred to and deemed

vested by operation of law in the regional board of school

trustees, which shall hold legal title to, manage and operate

all common school lands and township loanable funds of the

township, receive the rents, issues and profits therefrom, and

have and exercise with respect thereto the same powers and

duties as are provided by this Code to be exercised by regional

boards of school trustees when acting as township land

commissioners in counties having at least 220,000 but fewer

than 2,000,000 inhabitants; (iii) the regional board of school

trustees shall select to serve as its treasurer with respect

to the common school lands and township loanable funds of the

township a person from time to time also serving as the

appointed school treasurer of any school district that was

subject to the jurisdiction and authority of the township

treasurer and trustees of schools of that township at the time

those offices were abolished, and the person selected to also

serve as treasurer of the regional board of school trustees

shall have his compensation for services in that capacity

fixed by the regional board of school trustees, to be paid from

the township loanable funds, and shall make to the regional

board of school trustees the reports required to be made by

treasurers of township land commissioners, give bond as

required by treasurers of township land commissioners, and

perform the duties and exercise the powers of treasurers of

township land commissioners; (iv) the regional board of school

trustees shall designate in the manner provided by Section

8-7, insofar as applicable, a depositary for its treasurer,

and the proceeds of all rents, issues and profits from the

common school lands and township loanable funds of that

township shall be deposited and held in the account maintained

for those purposes with that depositary and shall be expended

and distributed therefrom as provided in Section 15-24 and

other applicable provisions of this Code; and (v) whenever

there is vested in the trustees of schools of a township at the

time that office is abolished under this subsection the legal

title to any school buildings or school sites used or occupied

for school purposes by any elementary school, high school or

unit school district subject to the jurisdiction and authority

of those trustees of school at the time that office is

abolished, the legal title to those school buildings and

school sites shall be deemed transferred by operation of law

to and invested in the school board of that school district, in

its corporate capacity under Section 10-22.35B of this Code,

the same to be held, sold, exchanged leased or otherwise

transferred in accordance with applicable provisions of this

Code.

Notwithstanding Section 2-3.25g of this Code, a waiver of

a mandate established under this Section may not be requested.

(d) Notwithstanding any other provision of law, any school

district that forms a part of a Class II county school unit

may, by a resolution adopted by at least two-thirds of the

members of the school board of a school district, withdraw a

school district from the jurisdiction and authority of the

trustees of schools of the township in which such school

district is located and from the jurisdiction and authority of

the township treasurer of the township in which such school

district is located, provided that the school board of the

school district shall, upon the adoption and passage of such

resolution, thereupon elect or appoint its own school

treasurer as provided in Section 8-1 of this Code. The

appointed school treasurer may include a township treasurer.

The school board may enter into a contractual or

intergovernmental agreement with an appointed school treasurer

for school treasurer services.

Upon adoption and passage of the resolution and the

election or appointment by the school board of its own school

treasurer commencing with the first day of the succeeding

fiscal year, but not prior to July 1, 2025: (1) the trustees of

schools in the township or townships shall no longer have or

exercise any powers or duties with respect to the school

district or with respect to the school business, operations,

or assets of the school district; (2) all books and records of

the trustees of schools and all moneys, securities, loanable

funds, and other assets relating to the school business and

affairs of the school district shall be transferred and

delivered to the school board; and (3) all legal title to and

all right, title, and interest formerly held by the trustees

of schools in any common school lands, school buildings, or

school sites used and occupied by the school board and all

rights of property and causes of action pertaining to or

constituting a part of the common school lands, buildings, or

sites shall be deemed transferred by operation of law to and

shall vest in the school board.

(Source: P.A. 103-144, eff. 6-30-23.)

(105 ILCS 5/5-2) (from Ch. 122, par. 5-2)

Sec. 5-2. Governing board.

(a) Except as otherwise provided in subsection (b), the

school business of all school townships having school trustees

shall be transacted by three trustees, to be elected by the

qualified voters of the township, as provided in this Article

5.

(b) This subsection (b) applies only to the trustees of

schools of Township 38 North, Range 12 East. The school

business of the township shall be transacted by 4 trustees

elected by the qualified voters of the township, as provided

in this Article 5, and 3 trustees appointed by the school

districts within the township, as provided in this subsection

(b). An elected trustee and an appointed trustee may represent

the same school district. Any trustee, whether elected or

appointed, may serve as an officer of the trustees of schools.

The 3 trustees to be appointed shall each be appointed for

a term of one year as follows:

(1) The school boards of Argo Community High School

District 217, Summit School District 104, Willow Springs

School District 108, and Indian Springs School District

109 shall collectively appoint one school board member as

a trustee through a nomination process and by a majority

vote or by consensus among the school boards. A trustee

appointed under this paragraph (1) may be reappointed for

a second term as provided under this paragraph (1). After

the appointed term or reappointed term of the trustee

expires, the school boards shall appoint a successor

trustee pursuant to this paragraph (1).

(2) The school boards of Western Springs School

District 101, La Grange School District 102, Lyons School

District 103, La Grange School District 105 South,

LaGrange Highlands School District 106, and Pleasantdale

School District 107 shall collectively appoint one school

board member as a trustee through a nomination process and

by a majority vote or by consensus among the school

boards. A trustee appointed under this paragraph (2) may

be reappointed for a second term as provided under this

paragraph (2). After the appointed term or reappointed

term of the trustee expires, the school boards shall

appoint a successor trustee pursuant to this paragraph

(2).

(3) Each year, among the school board presidents of

the school districts within the township, one school board

president shall be selected through a nomination process

and by a majority vote to appoint a trustee. If no

president of a school board is nominated, another officer

of one of the school boards may be nominated. For the

even-numbered year term, a trustee appointed under this

paragraph (3) must be from a feeder elementary school

district for Argo Community High School District 217, and,

for the odd-numbered year term, a trustee appointed under

this paragraph (3) must be from a feeder elementary school

district for Lyons Township High School District 204.

(c) The trustees shall be a body politic and corporate, by

the name of "trustees of schools of township No. ...., range

No. ....," according to the number, or in case of school

townships created from two or more congressional townships,

such name shall be "trustees of .... township .... county,

Illinois." Such corporation shall have perpetual existence,

with power to sue and be sued, and to plead and be impleaded,

in all courts and places where judicial proceedings are had.

(Source: P.A. 102-924, eff. 5-27-22.)

(105 ILCS 5/5-2.1) (from Ch. 122, par. 5-2.1)

Sec. 5-2.1. Eligible Voters: For the purposes of this

Article persons who are qualified to vote in school elections

shall be eligible to vote for the trustees of schools who have

jurisdiction over the elementary school district or unit

school district in which the person resides.

If the application of this Section results in an elector

voting for trustees of a school township in which he does not

reside because the elementary or unit school district crosses

township boundaries and has been assigned to the jurisdiction

of the trustees of an adjoining township, that elector shall

also be eligible to vote for the trustees of the township

within which he resides. Moreover, an elector who resides in a

high school district that crosses township boundaries and has

been assigned to the jurisdiction of the trustees of an

adjoining township shall be eligible to vote for both the

trustees of the township in which he or she resides and the

trustees of the township having jurisdiction over the high

school district in which he or she resides.

This Section is repealed on the effective date of this

amendatory Act of the 103rd General Assembly.

(Source: P.A. 94-432, eff. 8-2-05.)

(105 ILCS 5/5-2.2)

Sec. 5-2.2. Designation of trustees; Township 36 North,

Range 13 East. After the April 5, 2011 consolidated election,

the trustees of schools in Township 36 North, Range 13 East

shall no longer be elected pursuant to the provisions of

Sections 5-2, 5-2.1, 5-3, 5-4, 5-12, and 5-13 of this Code. Any

such trustees elected before such date may complete the term

to which that trustee was elected, but shall not be succeeded

by election. Instead, the board of education or board of

school directors of each of the elementary and high school

districts that are subject to the jurisdiction of Township 36

North, Range 13 East shall appoint one of the members to serve

as trustee of schools. The trustees of schools shall be

appointed by each board of education or board of school

directors within 60 days after the effective date of this

amendatory Act of the 97th General Assembly and shall

reorganize within 30 days after all the trustees of schools

have been appointed or within 30 days after all the trustees of

schools were due to have been appointed, whichever is sooner.

Trustees of schools so appointed shall serve at the pleasure

of the board of education or board of school directors

appointing them, but in no event longer than 2 years unless

reappointed.

After the April 4, 2023 consolidated election, no trustees

of schools shall be elected. Any trustees elected or appointed

on or before April 4, 2023 may complete the term to which that

trustee was trustees elected or appointed, but may not be

succeeded by election. Each school board of each school

district that is a part of a Class II county school unit shall

appoint one member of the school board or one school employee

to serve as trustee of schools of the township in which such

school district is located. The trustees of schools shall be

appointed by each school board within 60 days after the

effective date of this amendatory Act of the 103rd General

Assembly and shall reorganize within 30 days after all the

trustees of schools have been appointed or within 90 days

after the effective date of this amendatory Act of the 103rd

General Assembly, whichever is sooner. A trustee of schools

shall serve at the pleasure of the school board that appointed

the trustee of schools but may not serve as a trustee of

schools for longer than 2 years unless reappointed by the

school board.

A majority of members of the trustees of schools shall

constitute a quorum for the transaction of business. The

trustees shall organize by appointing one of their number

president, who shall hold the office for 2 years. If the

president is absent from any meeting, or refuses to perform

any of the duties of the office, a president pro-tempore may be

appointed. Trustees who serve on the board as a result of

appointment or election at the time of the reorganization

shall continue to serve as a member of the trustees of schools,

with no greater or lesser authority than any other trustee,

until such time as their elected term expires.

Each trustee of schools appointed by a board of education

or board of school directors shall be entitled to

indemnification and protection against claims and suits by the

board that appointed that trustee of schools for acts or

omissions as a trustee of schools in the same manner and to the

same extent as the trustee of schools is entitled to

indemnification and protection for acts or omissions as a

member of the board of education or board of school directors

under Section 10-20.20 of this Code.

(Source: P.A. 99-642, eff. 7-28-16.)

(105 ILCS 5/5-3) (from Ch. 122, par. 5-3)

Sec. 5-3. Eligibility of trustees. No person shall be

eligible to the office of trustee of schools who is not a

resident of the township and at least 18 years of age. If there

are 3 or more school districts in a township which are subject

to the jurisdiction of the trustees of schools of that

township, no 2 trustees shall reside, when elected, in the

same school district; except that in townships in which at

least 90% of the electors reside in one school district which

is subject to the jurisdiction of the trustees of schools of

that township, this restriction shall not apply. No person

shall be eligible to the office of trustee of schools and

school director or school board member at the same time.

This Section does not apply to trustees appointed under

subsection (b) of Section 5-2.

This Section is repealed on the effective date of this

amendatory Act of the 103rd General Assembly.

(Source: P.A. 102-924, eff. 5-27-22.)

(105 ILCS 5/5-4) (from Ch. 122, par. 5-4)

Sec. 5-4. Election of trustees. The election of trustees

of schools shall be held in odd-numbered years at the election

specified in the general election law. In townships in which

no election for school trustees has been held, or in townships

in which from any cause there are no trustees of schools and

the law requires that there be school trustees, the election

of trustees of schools shall be held at the same time.

No person shall be nominated for the office of trustee of

schools, in townships containing 20,000 inhabitants or over,

except by petition signed by at least 5% or 500 of the voters

of the school township in which the person is seeking

nomination and election who last cast votes in the most recent

election, whichever is less, filed with the township

treasurer, or, in case of a first election, with the county

clerk.

A candidate for election as a school trustee, who has

petitioned for nomination to fill a full term and to fill a

vacant term to be voted upon at the same election, must

withdraw his or her petition for nomination from either the

full term or the vacant term by written declaration, which

shall be signed and acknowledged by an officer authorized to

take such acknowledgments and which is filed with the township

treasurer in the township in which he or she is a candidate

within the time provided by the general election law.

This Section is repealed on the effective date of this

amendatory Act of the 103rd General Assembly.

(Source: P.A. 102-924, eff. 5-27-22.)

(105 ILCS 5/5-12) (from Ch. 122, par. 5-12)

Sec. 5-12. Trustees' names and townships to regional

superintendent. The returns of an election for trustees of

schools shall be made to the county clerk. He shall furnish to

the regional superintendent of schools, within 7 days after

the returns have been made, the names of the trustees so

returned to him, and shall specify the townships in which they

have been elected.

This Section is repealed on the effective date of this

amendatory Act of the 103rd General Assembly.

(Source: P.A. 81-1490.)

(105 ILCS 5/5-13) (from Ch. 122, par. 5-13)

Sec. 5-13. Term of office of trustees. In townships

already organized, the school trustee shall be elected in each

odd numbered year for a term of 6 years to succeed the trustee

whose term expires in such odd numbered year.

The first-elected trustees in a newly organized township

shall at their first meeting cast lots for their respective

terms of office, for 2, 4 and 6 years; and thereafter 1 trustee

shall be elected in each odd-numbered year.

This Section is inoperative on the effective date of this

amendatory Act of the 103rd General Assembly.

(Source: P.A. 81-1490.)

(105 ILCS 5/5-16) (from Ch. 122, par. 5-16)

Sec. 5-16. Meetings - Quorum. The trustees of school shall

hold regular meetings on the first Monday of each calendar

quarter or if such Monday falls on a holiday, then on the

following Monday. Special meetings may be called at any time

by the president or by a majority of the two members. A

majority of the Two members shall constitute a quorum for the

transaction of business.

(Source: P.A. 81-338.)

(105 ILCS 5/8-1) (from Ch. 122, par. 8-1)

Sec. 8-1. Treasurers.

(a) Except as otherwise provided in subsections (b) and

(c), in Class II county school units the trustees of schools

shall appoint a treasurer who shall be ex-officio clerk of the

board. The term of the township treasurer shall be for a 2 year

period beginning and ending on the first of July. The

treasurer shall be a resident of the township, but not be a

trustee, or school board member. He shall attend all meetings

and keep a record of the official proceedings of the trustees

of schools. Such record shall be open to public inspection.

All proceedings, when recorded, shall be signed by the

president and the clerk. If the clerk is absent, or refuses to

perform any of his duties, a clerk pro tempore may be

appointed. For sufficient cause the treasurer may be removed

from office by the trustees of schools. In case of a vacancy

the trustees of schools shall elect a treasurer for the

unexpired term.

(b) In Class I county school units, and in each school

district which forms a part of a Class II county school unit

but which has withdrawn from the jurisdiction and authority of

the trustees of schools of the township in which such school

district is located and from the jurisdiction and authority of

the township treasurer in such Class II county school unit as

provided in subsection (b) of Section 5-1, each school board

shall either elect one of its members to serve as treasurer

without salary for a period of one year or appoint someone, not

a member of the school board, as its treasurer, and, except as

provided in this Section the board shall fix his compensation.

An appointed treasurer shall serve at the pleasure of the

board. An appointed treasurer shall be at least 21 years of

age, of approved integrity, but not a member of the county

board of school trustees. The records of the treasurer shall

be open to public inspection. Two or more such districts may

appoint the same treasurer. In case of a vacancy caused by the

death, resignation or the removal from office of the school

treasurer the school board shall appoint a treasurer. The

school board may determine the temporary incapacity of its

treasurer occasioned by illness, absence from the district or

any other cause which prevents the prompt performance of his

duties and appoint an acting treasurer to serve until the

board determines such temporary incapacity no longer exists.

(c) The school board of each elementary school, high

school and unit school district that forms a part of a Class II

county school unit and that was under the jurisdiction and

authority of the township treasurer and trustees of schools of

a township at the time those offices were abolished in that

township as provided in subsection (c) of Section 5-1 shall

appoint a person to serve as treasurer of the school board. The

term of each school treasurer appointed under this subsection

shall be for a 2 year period beginning and ending on the first

day of July. A person appointed under this subsection to serve

as treasurer of a school board shall not be the superintendent

of schools of the school district. A person appointed and

serving under this subsection as treasurer of a school board

may concurrently serve as the treasurer of the regional board

of school trustees, if selected to serve in that capacity by

the regional board of school trustees, as provided in

subsection (c) of Section 5-1. The school board shall fix the

compensation of its school treasurer, and for sufficient cause

may remove the school treasurer from office. However, if a

member of the school board is also school treasurer, he or she

shall perform his or her duties as school treasurer without

compensation. In the case of a vacancy, the school board shall

appoint a school treasurer for the unexpired term. The school

board may determine the temporary incapacity of its treasurer

due to illness, absence from the district, or other cause that

prevents the prompt performance of his duties and may appoint

an acting treasurer to serve until the school board determines

that the temporary incapacity of its treasurer no longer

exists.

(d) After October 1, 1977, each treasurer in a Class I

county school unit appointed under this Section for his first

term shall have a financial background or related experience

or 12 semester hours of credit of college level accounting.

(e) After August 14, 1989, any treasurer appointed under

this Section for his first term in Class II county school

units, including any person appointed by a school board to

serve as its treasurer as provided in subsection (c) of this

Section, shall be a certified public accountant or a certified

chief school business official as defined in part (3) of

Section 21-7.3 of this Act. Experience as a township treasurer

in a Class II county school unit prior to July 1, 1989 shall be

deemed the equivalent of certification.

(f) Concurrently with the election or appointment of its

own school treasurer by the school board of a school district

which forms a part of a Class II county school unit but which

no longer is subject to the jurisdiction and authority of a

township treasurer or trustees of schools of a township

because the district has withdrawn from the jurisdiction and

authority of the township treasurer and trustees of schools of

the township or because those offices have been abolished as

provided in subsection (b) or (c) of Section 5-1, all funds,

accounts, moneys, notes, bonds, mortgages and effects then

held by such township treasurer on behalf or for the use and

benefit of, or then credited by such township treasurer to any

fund or account of such school district shall thereupon be

transferred and paid over by such township treasurer to the

school treasurer elected or appointed by the school board of

such school district. In addition the school treasurer of such

school district shall have the right, at all reasonable times,

to inspect all cash books, loan books, district account books

and journals kept by such township treasurer as provided in

Section 8-5 and to copy or otherwise reproduce such portions

thereof as such school treasurer deems necessary for the

performance of his duties.

(g) Upon the abolition of the offices of the township

treasurer and trustee of schools of a township as provided in

subsection (c) of Section 5-1, and subject to the limitation

of subsection (b) of Section 8-5 with respect to certain

records to be surrendered to the regional board of school

trustees, and except as otherwise provided in subsection (c)

of Section 5-1 with respect to the common school lands and

township loanable funds of that township and with respect to

the records, books and accounts relating to those common

school lands and township loanable funds, all school funds and

accounts, moneys, notes, bonds, securities, district account

books and other documents, records and effects then held by

the former township treasurer on behalf or for the use and

benefit of, or then credited by the former township treasurer

to any fund or account of any school district that was under

the jurisdiction and authority of the township treasurer at

the time the office of that township treasurer was abolished

shall thereupon be transferred and paid over by the former

township treasurer to the appropriate school treasurer

appointed by the school board of each such district under

subsection (c) of this Section 8-1.

(h) If the school district of a school treasurer elected

or appointed under this Section is receiving emergency State

financial assistance under Article 1B, that school treasurer

is subject to the provisions of Article 1B.

(Source: P.A. 96-538, eff. 8-14-09.)