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| Public Act 100-0800
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| SB2900 Enrolled | LRB100 19545 AXK 34813 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section |
10-10.5 as follows:
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(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) or (c) |
of this Section, for community unit school districts formed |
before January 1, 1975 and for combined school districts formed |
before July 1, 1983, 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 |
or two-thirds of all voters voting on the proposition 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 or if two-thirds of all voters voting on the |
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proposition vote in favor of the proposition: |
(A) the proposition to elect board members at large |
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; |
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provided that in each case the terms of the board members |
initially elected at large and without restriction by area |
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.
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(c) If a school board fills a vacancy under Section 10-10 |
of this Code due to a lack of candidates for election in a |
congressional township in the most recent election, then the |
school board shall, by resolution, order submitted to the |
school district's voters at the next general election a |
proposition for the election of a board member at large without |
restriction by area of residence within the district and the |
proposition shall be certified by the school board's secretary |
for submission. |
(Source: P.A. 99-91, eff. 1-1-16.)
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