102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4173
 
Introduced , by Rep. Michael J. Zalewski
 
SYNOPSIS AS INTRODUCED:



      
105 ILCS 5/5-2 from Ch. 122, par. 5-2
105 ILCS 5/5-3 from Ch. 122, par. 5-3
105 ILCS 5/5-4 from Ch. 122, par. 5-4

 Amends the Trustees of Schools Article of the School Code. With respect to the trustees of schools of Township 38 North, Range 12 East, provides that the school business of the township shall be transacted by 4 elected trustees and 3 trustees who are appointed by the school boards (or officers) of specified school districts (rather than 3 elected trustees). Allows an elected trustee and an appointed trustee to represent the same school district. Provides that any trustee, whether elected or appointed, may serve as an officer of the trustees of schools. Sets forth the procedures for the appointment and term of the 3 appointed trustees. Provides that no person shall be nominated for the office of trustee of schools in townships containing 20,000 inhabitants or over except by a petition signed by a least 5% or 500 of the voters of the school township who last cast votes in the most recent election, whichever is less (rather than except by a petition signed by at least 25 voters of the school township). Effective immediately.



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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB4173LRB102 20956 CMG 29852 b



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 Sections 
55-2, 5-3, and 5-4 as follows:




6 (105 ILCS 5/5-2) (from Ch. 122, par. 5-2)



7 Sec. 5-2. Governing board. 

8 (a) Except as otherwise provided in subsection (b), the 
9The school business of all school townships having school 
10trustees shall
be transacted by three trustees, to be elected 
11by the qualified voters of
the township, as hereinafter 
12provided in this Article 5. 
13 (b) This subsection (b) applies only to the trustees of 
14schools of Township 38 North, Range 12 East. The school 
15business of the township shall be transacted by 4 trustees 
16elected by the qualified voters of the township, as provided 
17in this Article 5, and 3 trustees appointed by the school 
18districts within the township, as provided in this subsection 
19(b). An elected trustee and an appointed trustee may represent 
20the same school district. Any trustee, whether elected or 
21appointed, may serve as an officer of the trustees of schools.
22 The 3 trustees to be appointed shall each be appointed for 
23a term of one year as follows:
 
 
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1  (1) The school boards of Argo Community High School 
2 District 217, Summit School District 104, Willow Springs 
3 School District 108, and Indian Springs School District 
4 109 shall collectively appoint one school board member as 
5 a trustee through a nomination process and by a majority 
6 vote or by consensus among the school boards. A trustee 
7 appointed under this paragraph (1) may be reappointed for 
8 a second term as provided under this paragraph (1). After 
9 the appointed term or reappointed term of the trustee 
10 expires, the school boards shall appoint a successor 
11 trustee pursuant to this paragraph (1).
12  (2) The school boards of Western Springs School 
13 District 101, La Grange School District 102, Lyons School 
14 District 103, La Grange School District 105 South, 
15 LaGrange Highlands School District 106, and Pleasantdale 
16 School District 107 shall collectively appoint one school 
17 board member as a trustee through a nomination process and 
18 by a majority vote or by consensus among the school 
19 boards. A trustee appointed under this paragraph (2) may 
20 be reappointed for a second term as provided under this 
21 paragraph (2). After the appointed term or reappointed 
22 term of the trustee expires, the school boards shall 
23 appoint a successor trustee pursuant to this paragraph 
24 (2).
25  (3) Each year, among the school board presidents of 
26 the school districts within the township, one school board 
 
 
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1 president shall be selected through a nomination process 
2 and by a majority vote to appoint a trustee. If no 
3 president of a school board is nominated, another officer 
4 of one of the school boards may be nominated. For the 
5 even-numbered year term, a trustee appointed under this 
6 paragraph (3) must be from a feeder elementary school 
7 district for Argo Community High School District 217, and, 
8 for the odd-numbered year term, a trustee appointed under 
9 this paragraph (3) must be from a feeder elementary school 
10 district for Lyons Township High School District 204.
11 (c) The trustees shall be a body politic
and corporate, by 
12the name of "trustees of schools of township No. ....,
range 
13No. ....," according to the number, or in case of school 
14townships
created from two or more congressional townships, 
15such name shall be
"trustees of .... township .... county, 
16Illinois." Such corporation shall
have perpetual existence, 
17with power to sue and be sued, and to plead and
be impleaded, 
18in all courts and places where judicial proceedings are had.

19(Source: Laws 1961, p. 31.)





20 (105 ILCS 5/5-3) (from Ch. 122, par. 5-3)



21 Sec. 5-3. Eligibility of trustees. 
No person shall be 
22eligible to the office of trustee of schools who is
not a 
23resident of the township and at least 18 years of age. If there 
24are
3 or more school districts in a township which are subject 
25to the
jurisdiction of the trustees of schools of that 
 
 
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1township, no 2 trustees shall reside,
when elected, in the 
2same school district; except that in townships in
which at 
3least 90% of the electors reside in one school district which 
4is
subject to the jurisdiction of the trustees of schools of 
5that township, this
restriction shall not apply. No person 
6shall be eligible to the office of
trustee of schools and 
7school director or school board member at the same
time.

8 This Section does not apply to trustees appointed under 
9subsection (b) of Section 5-2. 
10(Source: P.A. 86-1441.)





11 (105 ILCS 5/5-4) (from Ch. 122, par. 5-4)



12 Sec. 5-4. Election of trustees. The election of trustees 
13of schools shall be held in odd-numbered years
at the election 
14specified in the general election law. In townships in which

15no election for school
trustees has been held, or in townships 
16in which from any cause there are
no trustees of schools and 
17the law requires that there be school trustees,
the election 
18of trustees of schools shall be held at the same
time.

19 No person shall be nominated for the office of trustee of 
20schools, in townships
containing 20,000 inhabitants or over, 
21except by petition signed by at least
5% or 500 of the 
22twenty-five voters of the school township in which the person 
23he is seeking nomination
and election who last cast votes in 
24the most recent election, whichever is less, filed with the 
25township
treasurer, or, in case of a first election, with the 
 
 
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1county clerk.

2 A candidate for election as a school trustee, who has 
3petitioned for nomination
to fill a full term and to fill a 
4vacant term to be voted upon at the same
election, must 
5withdraw his or her petition for nomination from either the

6full term or the vacant term by written declaration, which 
7shall be signed
and acknowledged by an officer authorized to 
8take such acknowledgments and
which is filed with the township 
9treasurer in the township in which he or
she is a candidate 
10within the time provided by the general election law.

11(Source: P.A. 80-1469.)