Bill Text: IL HB3389 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the School Code. Makes a technical change in a Section concerning community unit school district or combined school district formation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3389 Detail]

Download: Illinois-2011-HB3389-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB3389 Introduced 2/24/2011, by Rep. Jim Watson SYNOPSIS AS INTRODUCED:
105 ILCS 5/10-10.5
Amends the School Code. Makes a technical change in a Section concerning community unit school district or combined school district formation.
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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
10-10.5 as follows:
(105 ILCS 5/10-10.5)
Sec. 10-10.5. Community unit school district or combined
school district formation; school board election.
(a) Except as otherwise provided in subsection (b) of this
Section, for community unit school districts formed before
January 1, 1975 and for combined school districts formed before
July 1, 1983, the the following provisions apply:
(1) if the territory of the district is greater than 2
congressional townships or 72 square miles, then not more
than 3 board members may be selected from any one
congressional township, except that congressional
townships of less than 100 inhabitants shall not be
considered for the purpose of this mandatory board
representation;
(2) if in the community unit school district or
combined school district at least 75% but not more than 90%
of the population is in one congressional township, then 4
board members shall be selected from the congressional

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township and 3 board members shall be selected from the
rest of the district, except that if in the community unit
school district or combined school district more than 90%
of the population is in one congressional township, then
all board members may be selected from one or more
congressional townships; and
(3) if the territory of any community unit school
district or combined school district consists of not more
than 2 congressional townships or 72 square miles, but
consists of more than one congressional township or 36
square miles, outside of the corporate limits of any city,
village, or incorporated town within the school district,
then not more than 5 board members may be selected from any
city, village, or incorporated town in the school district.
(b)(1) The provisions of subsection (a) of this Section for
mandatory board representation shall no longer apply to a
community unit school district formed before January 1, 1975,
to a combined school district formed before July 1, 1983, or to
community consolidated school districts, and the members of the
board of education shall be elected at large from within the
school district and without restriction by area of residence
within the district if both of the following conditions are met
with respect to that district:
(A) A proposition for the election of board members at
large and without restriction by area of residence within
the school district rather than in accordance with the

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provisions of subsection (a) of this Section for mandatory
board representation is submitted to the school district's
voters at a regular school election or at the general
election as provided in this subsection (b).
(B) A majority of those voting at the election in each
congressional township comprising the territory of the
school district, including any congressional township of
less than 100 inhabitants, vote in favor of the
proposition.
(2) The school board may, by resolution, order
submitted or, upon the petition of the lesser of 2,500 or
5% of the school district's registered voters, shall order
submitted to the school district's voters, at a regular
school election or at the general election, the proposition
for the election of board members at large and without
restriction by area of residence within the district rather
than in accordance with the provisions of subsection (a) of
this Section for mandatory board representation; and the
proposition shall thereupon be certified by the board's
secretary for submission.
(3) If a majority of those voting at the election in
each congressional township comprising the territory of
the school district, including any congressional township
of less than 100 inhabitants, vote in favor of the
proposition:
(A) the proposition to elect board members at large

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and without restriction by area of residence within the
district shall be deemed to have passed,
(B) new members of the board shall be elected at
large and without restriction by area of residence
within the district at the next regular school
election, and
(C) the terms of office of the board members
incumbent at the time the proposition is adopted shall
expire when the new board members that are elected at
large and without restriction by area of residence
within the district have organized in accordance with
Section 10-16.
(4) In a community unit school district, a combined
school district, or a community consolidated school
district that formerly elected its members under
subsection (a) of this Section to successive terms not
exceeding 4 years, the members elected at large and without
restriction by area of residence within the district shall
be elected for a term of 4 years, and in a community unit
school district or combined school district that formerly
elected its members under subsection (a) of this Section to
successive terms not exceeding 6 years, the members elected
at large and without restriction by area of residence
within the district shall be elected for a term of 6 years;
provided that in each case the terms of the board members
initially elected at large and without restriction by area

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of residence within the district as provided in this
subsection (b) shall be staggered and determined in
accordance with the provisions of Sections 10-10 and 10-16
of this Code.
(Source: P.A. 94-1019, eff. 7-10-06.)