97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2816
 
Introduced , by Rep. Tom Cross - Robert W. Pritchard
 
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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1 AN ACT concerning education.


2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 


4 Section 5. The School Code is amended by changing Section 
510-10 as follows:




6 (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)



7 Sec. 10-10. Board of education; Term; Vacancy. All school 
8districts
having a population of not fewer than 1,000 and
and 
9not more than 500,000
inhabitants, as ascertained by any 
10special or general census, and not
governed by special Acts, 
11shall be governed by a board of education
consisting of 7 
12members, serving without compensation except as herein

13provided. Each member shall be elected for a term of 4 years 
14for the initial members
of the board of education of a combined 
15school district to which that
subsection applies. If 5 members 
16are elected in 1983 pursuant to the extension
of terms provided 
17by
law for transition to the consolidated election schedule 
18under the general
election law, 2 of those members shall be 
19elected to serve terms of 2 years
and 3 shall be elected to 
20serve terms of 4 years; their successors shall
serve for a 4 
21year term. When the voters of a district have voted to elect

22members of the board of education for 6 year terms, as provided 
23in Section
9-5, the terms of office of members of the board of 
 
 
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1education of that
district expire when their successors assume 
2office but not later than 7
days after such election. If at the 
3regular school election held in the
first odd-numbered year 
4after the determination to elect members for 6 year
terms 2 
5members are elected, they shall serve for a 6 year term; and of 
6the
members elected at the next regular school election 3 shall 
7serve for a
term of 6 years and 2 shall serve a term of 2 years. 
8Thereafter members
elected in such districts shall be elected 
9to a 6 year term. If at the
regular school election held in the 
10first odd-numbered year after the
determination to elect 
11members for 6 year terms 3 members are elected, they
shall 
12serve for a 6 year term; and of the members elected at the next

13regular school election 2 shall serve for a term of 2 years and 
142 shall
serve for a term of 6 years. Thereafter members elected 
15in such districts
shall be elected to a 6 year term. If at the 
16regular school election held
in the first odd-numbered year 
17after the determination to elect members for
6 year terms 4 
18members are elected, 3 shall serve for a term of 6 years and

19one shall serve for a term of 2 years; and of the members 
20elected at the
next regular school election 2 shall serve for 
21terms of 6 years and 2 shall
serve for terms of 2 years. 
22Thereafter members elected in such districts
shall be elected 
23to a 6 year term. If at the regular school election held
in the 
24first odd-numbered year after the determination to elect 
25members for
a 6 year term 5 members are elected, 3 shall serve 
26for a term of 6 years
and 2 shall serve for a term of 2 years; 
 
 
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1and of the members elected at the
next regular school election 
22 shall serve for terms of 6 years and 2 shall
serve for terms 
3of 2 years. Thereafter members elected in such districts
shall 
4be elected to a 6 year term. An election for board members 
5shall not
be held in school districts which by consolidation, 
6annexation or otherwise
shall cease to exist as a school 
7district within 6 months after the
election date, and the term 
8of all board members which would otherwise
terminate shall be 
9continued until such district shall cease to exist. Each

10member, on the date of his or her election, shall be a
citizen 
11of the United
States of the age of 18 years or over, shall be a 
12resident of the State and
the
territory of the district for at 
13least one year immediately preceding his or
her
election, shall 
14be a registered voter as provided in the general election
law,

15shall not be a school trustee, and shall not be a child
sex 
16offender as defined in Section 11-9.3 of the
Criminal Code of 
171961. When the board of
education is the successor of the 
18school directors, all rights of property,
and all rights 
19regarding causes of action existing or vested in such

20directors, shall vest in it as fully as they were vested in the 
21school
directors. Terms of members are subject to Section 2A-54 
22of the Election Code.
23 Nomination papers filed under this Section are not valid 
24unless the candidate
named therein files with the secretary of 
25the board of education or with
a person designated by the board 
26to receive nominating petitions a receipt
from the county clerk 
 
 
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1showing that the candidate has filed a statement of
economic 
2interests as required by the Illinois Governmental Ethics Act.

3Such receipt shall be so filed either previously during the 
4calendar year
in which his nomination papers were filed or 
5within the period for the filing
of nomination papers in 
6accordance with the general election law.

7 Whenever a vacancy occurs, the remaining members shall 
8notify the
regional superintendent of that vacancy within 5 
9days after its occurrence
and shall proceed to fill the vacancy 
10until the next regular school
election, at which election a 
11successor shall be elected to serve the
remainder of the 
12unexpired term. However, if the vacancy occurs with less
than 
13868 days remaining in the term, or if the vacancy occurs
less 
14than 88
days before the next regularly scheduled election for 
15this office then the
person so appointed shall serve the 
16remainder of the unexpired term, and no
election to fill the 
17vacancy shall be held. Should they fail so to
act, within 45 
18days after the vacancy occurs, the regional superintendent
of 
19schools under whose supervision and control the district is 
20operating,
as defined in Section 3-14.2 of this Act, shall 
21within 30 days after the
remaining members have failed to fill 
22the vacancy, fill the vacancy as
provided for herein. Upon the 
23regional superintendent's failure to fill the
vacancy, the 
24vacancy shall be filled at the next regularly scheduled

25election. Whether elected or appointed by the remaining members 
26or regional
superintendent, the successor shall be an 
 
 
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1inhabitant of the particular area
from which his or her 
2predecessor was elected if the residential requirements

3contained in Section 10-10.5 or 12-2 of this Code apply.

4 A board of education may appoint a student to the board to 
5serve in an advisory capacity. The student member shall serve 
6for a term as determined by the board. The board may not grant 
7the student member any voting privileges, but shall consider 
8the student member as an advisor. The student member may not 
9participate in or attend any executive session of the board.

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