Bill Text: IL HB4173 | 2021-2022 | 102nd General Assembly | Enrolled

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

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2022-05-27 - Public Act . . . . . . . . . 102-0924 [HB4173 Detail]

Download: Illinois-2021-HB4173-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 Sections
5-2, 5-3, and 5-4 as follows:
(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
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 hereinafter
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:

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(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

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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: Laws 1961, p. 31.)
(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

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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.
(Source: P.A. 86-1441.)
(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
twenty-five voters of the school township in which the person
he 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

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