Bill Text: IL HB2802 | 2019-2020 | 101st General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the School Code. With regard to boards of education in school districts having a population of not fewer than 1,000 and not more than 500,000 inhabitants, provides that if, whenever a vacancy occurs, members of the board fail to fill the vacancy within 60 (rather than 45) days after the vacancy occurs, the regional superintendent of schools shall fill the vacancy.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-07-12 - Public Act . . . . . . . . . 101-0067 [HB2802 Detail]

Download: Illinois-2019-HB2802-Enrolled.html

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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 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 education

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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; and of the members elected

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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, must not have been removed from a school board
pursuant to Section 2-3.25f-5 of this Code (unless subsequently
appointed as a member of an Independent Authority or if it has
been 10 years since the abolition of the Independent Authority
in the district), and shall not be a child sex offender as
defined in Section 11-9.3 of the Criminal Code of 2012. 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.

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Nomination papers filed under this Section are not valid
unless the candidate named therein files with the county clerk
or the county board of election commissioners, as the case may
be, of the county in which the principal office of the school
district is located a receipt from the county clerk 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 60 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

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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
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. 97-1150, eff. 1-25-13; 98-115, eff. 7-29-13;
98-1155, eff. 1-9-15.)