Public Act 099-0091

SB0082 Enrolled LRB099 05815 SXM 25859 b

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 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

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

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

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;

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.

(Source: P.A. 94-1019, eff. 7-10-06.)