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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0669 Introduced 2/3/2015, by Sen. Thomas Cullerton SYNOPSIS AS INTRODUCED:
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| 10 ILCS 5/2A-1.2 | from Ch. 46, par. 2A-1.2 | 10 ILCS 5/2A-48 | from Ch. 46, par. 2A-48 | 10 ILCS 5/2A-49 | from Ch. 46, par. 2A-49 | 10 ILCS 5/2A-54 | from Ch. 46, par. 2A-54 | 105 ILCS 5/9-5 | from Ch. 122, par. 9-5 | 105 ILCS 5/10-4 | from Ch. 122, par. 10-4 | 105 ILCS 5/10-10 | from Ch. 122, par. 10-10 | 105 ILCS 5/10-16 | from Ch. 122, par. 10-16 | 105 ILCS 5/11E-55 | | 105 ILCS 5/32-1.1 | from Ch. 122, par. 32-1.1 | 105 ILCS 5/32-2.12 | from Ch. 122, par. 32-2.12 |
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Amends the Election Code and the School Code. Changes the election of members of a board of school directors, board of education, or board of school inspectors from the consolidated election to the general election. Makes related changes.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Election Code is amended by changing |
| 5 | | Sections 2A-1.2, 2A-48, 2A-49, and 2A-54 as follows:
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| 6 | | (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
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| 7 | | Sec. 2A-1.2. Consolidated Schedule of Elections - Offices |
| 8 | | Designated.
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| 9 | | (a) At the general election in the appropriate |
| 10 | | even-numbered years, the
following offices shall be filled or |
| 11 | | shall be on the ballot as otherwise
required by this Code:
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| 12 | | (1) Elector of President and Vice President of the |
| 13 | | United States;
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| 14 | | (2) United States Senator and United States |
| 15 | | Representative;
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| 16 | | (3) State Executive Branch elected officers;
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| 17 | | (4) State Senator and State Representative;
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| 18 | | (5) County elected officers, including State's |
| 19 | | Attorney, County Board
member, County Commissioners, and |
| 20 | | elected President of the County Board or
County Chief |
| 21 | | Executive;
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| 22 | | (6) Circuit Court Clerk;
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| 23 | | (7) Regional Superintendent of Schools, except in |
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| 1 | | counties or
educational service regions in which that |
| 2 | | office has been abolished; |
| 3 | | (7.5) Elected members of school boards, directors of |
| 4 | | boards of school directors, and members of boards of school |
| 5 | | inspectors, except school boards in school districts that |
| 6 | | adopt Article 33 of the School Code;
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| 7 | | (8) Judges of the Supreme, Appellate and Circuit |
| 8 | | Courts, on the question
of retention, to fill vacancies and |
| 9 | | newly created judicial offices;
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| 10 | | (9) (Blank);
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| 11 | | (10) Trustee of the Metropolitan Sanitary District of |
| 12 | | Chicago, and elected
Trustee of other Sanitary Districts;
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| 13 | | (11) Special District elected officers, not otherwise |
| 14 | | designated in this
Section, where the statute creating or |
| 15 | | authorizing the creation of
the district requires an annual |
| 16 | | election and permits or requires election
of candidates of |
| 17 | | political parties.
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| 18 | | (b) At the general primary election:
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| 19 | | (1) in each even-numbered year candidates of political |
| 20 | | parties shall be
nominated for those offices to be filled |
| 21 | | at the general election in that
year, except where pursuant |
| 22 | | to law nomination of candidates of political
parties is |
| 23 | | made by caucus and except for those offices listed in |
| 24 | | paragraph (7.5) of subsection (a) of this Section.
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| 25 | | (2) in the appropriate even-numbered years the |
| 26 | | political party offices of
State central committeeman, |
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| 1 | | township committeeman, ward committeeman, and
precinct |
| 2 | | committeeman shall be filled and delegates and alternate |
| 3 | | delegates
to the National nominating conventions shall be |
| 4 | | elected as may be required
pursuant to this Code. In the |
| 5 | | even-numbered years in which a Presidential
election is to |
| 6 | | be held, candidates in the Presidential preference primary
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| 7 | | shall also be on the ballot.
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| 8 | | (3) in each even-numbered year, where the municipality |
| 9 | | has provided for
annual elections to elect municipal |
| 10 | | officers pursuant to Section 6(f) or
Section 7 of Article |
| 11 | | VII of the Constitution, pursuant to the Illinois
Municipal |
| 12 | | Code or pursuant to the municipal charter, the offices of |
| 13 | | such
municipal officers shall be filled at an election held |
| 14 | | on the date of the
general primary election, provided that |
| 15 | | the municipal election shall be a
nonpartisan election |
| 16 | | where required by the Illinois Municipal Code. For
partisan |
| 17 | | municipal elections in even-numbered years, a primary to |
| 18 | | nominate
candidates for municipal office to be elected at |
| 19 | | the general primary
election shall be held on the Tuesday 6 |
| 20 | | weeks preceding that election.
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| 21 | | (4) in each school district which has adopted the |
| 22 | | provisions of
Article 33 of the School Code, successors to |
| 23 | | the members of the board
of education whose terms expire in |
| 24 | | the year in which the general primary is
held shall be |
| 25 | | elected.
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| 26 | | (c) At the consolidated election in the appropriate |
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| 1 | | odd-numbered years,
the following offices shall be filled:
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| 2 | | (1) Municipal officers, provided that in |
| 3 | | municipalities in which
candidates for alderman or other |
| 4 | | municipal office are not permitted by law
to be candidates |
| 5 | | of political parties, the runoff election where required
by |
| 6 | | law, or the nonpartisan election where required by law, |
| 7 | | shall be held on
the date of the consolidated election; and |
| 8 | | provided further, in the case of
municipal officers |
| 9 | | provided for by an ordinance providing the form of
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| 10 | | government of the municipality pursuant to Section 7 of |
| 11 | | Article VII of the
Constitution, such offices shall be |
| 12 | | filled by election or by runoff
election as may be provided |
| 13 | | by such ordinance;
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| 14 | | (2) Village and incorporated town library directors;
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| 15 | | (3) City boards of stadium commissioners;
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| 16 | | (4) Commissioners of park districts;
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| 17 | | (5) Trustees of public library districts;
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| 18 | | (6) Special District elected officers, not otherwise |
| 19 | | designated in this
section, where the statute creating or |
| 20 | | authorizing the creation of the district
permits or |
| 21 | | requires election of candidates of political parties;
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| 22 | | (7) Township officers, including township park |
| 23 | | commissioners, township
library directors, and boards of |
| 24 | | managers of community buildings, and
Multi-Township |
| 25 | | Assessors;
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| 26 | | (8) Highway commissioners and road district clerks;
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| 1 | | (9) Members of school boards in school districts which |
| 2 | | adopt Article 33
of the School Code;
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| 3 | | (10) The directors and chairman of the Chain O Lakes - |
| 4 | | Fox River Waterway
Management Agency;
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| 5 | | (11) Forest preserve district commissioners elected |
| 6 | | under Section 3.5 of
the Downstate Forest Preserve District |
| 7 | | Act;
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| 8 | | (12) School Elected members of school boards, school |
| 9 | | trustees and , directors of
boards of school directors, |
| 10 | | trustees of county boards of school trustees
(except in |
| 11 | | counties or educational service regions having a |
| 12 | | population
of 2,000,000 or more inhabitants) and members of |
| 13 | | boards of school inspectors,
except school boards in school
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| 14 | | districts that adopt Article 33 of the School Code;
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| 15 | | (13) Members of Community College district boards;
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| 16 | | (14) Trustees of Fire Protection Districts;
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| 17 | | (15) Commissioners of the Springfield Metropolitan |
| 18 | | Exposition and
Auditorium
Authority;
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| 19 | | (16) Elected Trustees of Tuberculosis Sanitarium |
| 20 | | Districts;
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| 21 | | (17) Elected Officers of special districts not |
| 22 | | otherwise designated in
this Section for which the law |
| 23 | | governing those districts does not permit
candidates of |
| 24 | | political parties.
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| 25 | | (d) At the consolidated primary election in each |
| 26 | | odd-numbered year,
candidates of political parties shall be |
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| 1 | | nominated for those offices to be
filled at the consolidated |
| 2 | | election in that year, except where pursuant to
law nomination |
| 3 | | of candidates of political parties is made by caucus, and
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| 4 | | except those offices listed in paragraphs (12) through (17) of |
| 5 | | subsection
(c).
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| 6 | | At the consolidated primary election in the appropriate |
| 7 | | odd-numbered years,
the mayor, clerk, treasurer, and aldermen |
| 8 | | shall be elected in
municipalities in which
candidates for |
| 9 | | mayor, clerk, treasurer, or alderman are not permitted by
law |
| 10 | | to be candidates
of political parties, subject to runoff |
| 11 | | elections to be held at the
consolidated election as may be |
| 12 | | required
by law, and municipal officers shall be nominated in a |
| 13 | | nonpartisan election
in municipalities in which pursuant to law |
| 14 | | candidates for such office are
not permitted to be candidates |
| 15 | | of political parties.
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| 16 | | At the consolidated primary election in the appropriate |
| 17 | | odd-numbered years,
municipal officers shall be nominated or |
| 18 | | elected, or elected subject to
a runoff, as may be provided by |
| 19 | | an ordinance providing a form of government
of the municipality |
| 20 | | pursuant to Section 7 of Article VII of the Constitution.
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| 21 | | (e) (Blank).
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| 22 | | (f) At any election established in Section 2A-1.1, public |
| 23 | | questions may
be submitted to voters pursuant to this Code and |
| 24 | | any special election
otherwise required or authorized by law or |
| 25 | | by court order may be conducted
pursuant to this Code.
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| 26 | | Notwithstanding the regular dates for election of officers |
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| 1 | | established
in this Article, whenever a referendum is held for |
| 2 | | the establishment of
a political subdivision whose officers are |
| 3 | | to be elected, the initial officers
shall be elected at the |
| 4 | | election at which such referendum is held if otherwise
so |
| 5 | | provided by law. In such cases, the election of the initial |
| 6 | | officers
shall be subject to the referendum.
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| 7 | | Notwithstanding the regular dates for election of |
| 8 | | officials established
in this Article, any community college |
| 9 | | district which becomes effective by
operation of law pursuant |
| 10 | | to Section 6-6.1 of the Public Community College
Act, as now or |
| 11 | | hereafter amended, shall elect the initial district board
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| 12 | | members at the next regularly scheduled election following the |
| 13 | | effective
date of the new district.
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| 14 | | (g) At any election established in Section 2A-1.1, if in |
| 15 | | any precinct
there are no offices or public questions required |
| 16 | | to be on the ballot under
this Code then no election shall be |
| 17 | | held in the precinct on that date.
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| 18 | | (h) There may be conducted a
referendum in accordance with |
| 19 | | the provisions of Division 6-4 of the
Counties Code.
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| 20 | | (Source: P.A. 89-5, eff. 1-1-96; 89-95,
eff. 1-1-96; 89-626, |
| 21 | | eff. 8-9-96; 90-358, eff. 1-1-98.)
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| 22 | | (10 ILCS 5/2A-48) (from Ch. 46, par. 2A-48)
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| 23 | | Sec. 2A-48. Board of School Directors - Member - Time of |
| 24 | | Election. A
member of a Board of School Directors or a member |
| 25 | | of an elected Board of
Education, as the case may be, shall be |
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| 1 | | elected at each general consolidated
election to succeed each |
| 2 | | incumbent member whose term ends before the
following general |
| 3 | | consolidated election.
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| 4 | | (Source: P.A. 90-358, eff. 1-1-98.)
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| 5 | | (10 ILCS 5/2A-49) (from Ch. 46, par. 2A-49)
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| 6 | | Sec. 2A-49. Board of School Inspectors - Member - Time of |
| 7 | | Election. A member of a Board of School Inspectors shall be |
| 8 | | elected at the
general consolidated election which immediately |
| 9 | | precedes the
expiration of the
term of any incumbent school |
| 10 | | inspector, to succeed each incumbent school
inspector whose |
| 11 | | term ends before the following general consolidated
election.
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| 12 | | (Source: P.A. 90-358, eff. 1-1-98.)
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| 13 | | (10 ILCS 5/2A-54) (from Ch. 46, par. 2A-54)
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| 14 | | Sec. 2A-54.
(a) In those cases in which the election to an |
| 15 | | office is changed
by the consolidation of elections to an |
| 16 | | earlier or later month in the same
year or to a different year, |
| 17 | | the term of any incumbent serving on December
1, 1980 is |
| 18 | | extended to the first Monday in the first month following the
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| 19 | | election of his successor and until the successor has |
| 20 | | qualified, and the
term of the successor in office shall |
| 21 | | commence on that first Monday.
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| 22 | | The term of office of a person elected at a nonpartisan |
| 23 | | election whose
term begins before the effective date of this |
| 24 | | amendatory Act of 1997 shall
expire on the date that his or her |
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| 1 | | term would have expired had this amendatory
Act of 1997 not |
| 2 | | been enacted. The term of office of a person elected at a
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| 3 | | consolidated election held on or after the effective date of |
| 4 | | this amendatory
Act of
1997 to succeed to a term of office of a |
| 5 | | person elected at a nonpartisan
election shall begin upon the |
| 6 | | termination of the predecessor's term of office.
The term of |
| 7 | | office of a person elected to succeed to a term of office of a
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| 8 | | person elected at a nonpartisan election shall end after the |
| 9 | | next consolidated
election at which a successor is elected and |
| 10 | | at the regularly scheduled time
for the ending of terms of |
| 11 | | office as provided in the Act or Acts creating or
governing |
| 12 | | that unit of local government or school district.
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| 13 | | However,
this general provision for the transition of terms |
| 14 | | of office in relation
to the adoption of a uniform schedule of |
| 15 | | elections shall be subject to the
specific provisions for the |
| 16 | | transition of terms of office in the several
Acts creating or |
| 17 | | governing the creation of various units of local government
and |
| 18 | | school districts, as amended.
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| 19 | | (b) With respect to the election of members of a board of |
| 20 | | school directors, board of education, or board of school |
| 21 | | inspectors being changed from the consolidated election to the |
| 22 | | general election under this amendatory Act of the 99th General |
| 23 | | Assembly, the term of any incumbent serving on January 1, 2016 |
| 24 | | is extended until his or her successor is elected and has |
| 25 | | qualified. |
| 26 | | (Source: P.A. 90-358, eff. 1-1-98.)
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| 1 | | Section 10. The School Code is amended by changing Sections |
| 2 | | 9-5, 10-4, 10-10, 10-16, 11E-55, 32-1.1, and 32-2.12 as |
| 3 | | follows:
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| 4 | | (105 ILCS 5/9-5) (from Ch. 122, par. 9-5)
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| 5 | | Sec. 9-5. Election dates and terms of offices. |
| 6 | | (a) The dates
upon which school officer elections shall be |
| 7 | | held are
as established in the general election law. Members of |
| 8 | | boards of education
shall unless otherwise provided serve terms |
| 9 | | of 4 years.
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| 10 | | (b) If, at a regularly scheduled election, a proposition
is |
| 11 | | submitted to the voters of a district, as provided by a |
| 12 | | resolution
of the board, on the question of
whether board |
| 13 | | members should serve for 6 year terms and the proposition
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| 14 | | receives the affirmative vote of those voting thereon, members |
| 15 | | of the board
of education shall thereafter serve for terms of 6 |
| 16 | | years. |
| 17 | | (c) The term of any incumbent serving on a school board on |
| 18 | | January 1, 2016 is extended until his or her successor is |
| 19 | | elected and has qualified as provided under subsection (b) of |
| 20 | | Section 2A-54 of the Election Code.
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| 21 | | (Source: P.A. 82-1014.)
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| 22 | | (105 ILCS 5/10-4) (from Ch. 122, par. 10-4)
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| 23 | | Sec. 10-4. Election of directors.
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| 1 | | (a) In all districts, directors shall be elected in each |
| 2 | | even-numbered odd-numbered
year, each for a term of 4 years.
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| 3 | | (b) In consolidated districts where 5 directors
are elected |
| 4 | | in 1981 pursuant to the extension of terms provided by law for
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| 5 | | transition to the consolidated election schedule under the |
| 6 | | general election
law, those directors elected shall, by lot, |
| 7 | | determine
2 of their number to serve 2 years and 3 to serve 4 |
| 8 | | years; their successors
shall serve for a 4 year term.
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| 9 | | (c) If a proposition to increase the membership of a school |
| 10 | | district's
board of school directors to 7 directors and to |
| 11 | | elect a new 7-member board of
school directors to replace the |
| 12 | | district's existing board of 3 school directors
is approved by |
| 13 | | the electors of the district at a regular scheduled election as
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| 14 | | provided in subsection (b) of Section 10-1, 7 members shall be |
| 15 | | elected at the
next regular school election, in the manner |
| 16 | | provided by Article 9, to serve as
the board of school |
| 17 | | directors of that district. The terms of office of the 3
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| 18 | | members of the board of school directors serving at the time of |
| 19 | | the election of
the initial 7-member board of school directors |
| 20 | | shall expire when the 7 newly
elected members of the initial |
| 21 | | 7-member board of school directors assume office
and are |
| 22 | | organized as provided in Section 10-5. At their organizational
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| 23 | | meeting, the initial members of the 7-member board of school |
| 24 | | directors shall by
lot determine 4 of their number to serve 4 |
| 25 | | year terms and 3 of their number to
serve 2 year terms. Their |
| 26 | | successors shall serve for a 4 year term.
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| 1 | | (d) In all other districts, one school director
shall be |
| 2 | | elected in each district every
other even-numbered |
| 3 | | odd-numbered year, and 2 two school directors shall be elected |
| 4 | | in the
intervening even-numbered odd-numbered years.
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| 5 | | (e) When a vacancy occurs in the membership of any board
of |
| 6 | | school directors the remaining members shall,
within 30
days, |
| 7 | | fill the vacancy by appointment until the next regular school
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| 8 | | election, or, upon their failure so to do, the regional |
| 9 | | superintendent
shall make such appointment within the next 30 |
| 10 | | days to fill the
vacancy as herein provided.
Upon the regional |
| 11 | | superintendent's failure
to fill the vacancy, the vacancy shall |
| 12 | | be filled at the next regularly
scheduled
election.
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| 13 | | (Source: P.A. 90-757, eff. 8-14-98.)
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| 14 | | (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
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| 15 | | Sec. 10-10. Board of education; term; vacancy. All school |
| 16 | | districts
having a population of not fewer than 1,000 and not |
| 17 | | more than 500,000
inhabitants, as ascertained by any special or |
| 18 | | general census, and not
governed by special Acts, shall be |
| 19 | | governed by a board of education
consisting of 7 members, |
| 20 | | serving without compensation except as herein
provided. Each |
| 21 | | member shall be elected for a term of 4 years for the initial |
| 22 | | members
of the board of education of a combined school district |
| 23 | | to which that
subsection applies. If 5 members are elected in |
| 24 | | 1983 pursuant to the extension
of terms provided by
law for |
| 25 | | transition to the consolidated election schedule under the |
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| 1 | | general
election law, 2 of those members shall be elected to |
| 2 | | serve terms of 2 years
and 3 shall be elected to serve terms of |
| 3 | | 4 years; their successors shall
serve for a 4 year term. When |
| 4 | | the voters of a district have voted to elect
members of the |
| 5 | | board of education for 6 year terms, as provided in Section
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| 6 | | 9-5, the terms of office of members of the board of education |
| 7 | | of that
district expire when their successors assume office but |
| 8 | | not later than 7
days after such election. If at the regular |
| 9 | | school election held in the
first even-numbered odd-numbered |
| 10 | | year after the determination to elect members for 6 year
terms |
| 11 | | 2 members are elected, they shall serve for a 6 year term; and |
| 12 | | of the
members elected at the next regular school election 3 |
| 13 | | shall serve for a
term of 6 years and 2 shall serve a term of 2 |
| 14 | | years. Thereafter members
elected in such districts shall be |
| 15 | | elected to a 6 year term. If at the
regular school election |
| 16 | | held in the first even-numbered odd-numbered year after the
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| 17 | | determination to elect members for 6 year terms 3 members are |
| 18 | | elected, they
shall serve for a 6 year term; and of the members |
| 19 | | elected at the next
regular school election 2 shall serve for a |
| 20 | | term of 2 years and 2 shall
serve for a term of 6 years. |
| 21 | | Thereafter members elected in such districts
shall be elected |
| 22 | | to a 6 year term. If at the regular school election held
in the |
| 23 | | first even-numbered odd-numbered year after the determination |
| 24 | | to elect members for
6 year terms 4 members are elected, 3 |
| 25 | | shall serve for a term of 6 years and
one shall serve for a term |
| 26 | | of 2 years; and of the members elected at the
next regular |
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| 1 | | school election 2 shall serve for terms of 6 years and 2 shall
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| 2 | | serve for terms of 2 years. Thereafter members elected in such |
| 3 | | districts
shall be elected to a 6 year term. If at the regular |
| 4 | | school election held
in the first even-numbered odd-numbered |
| 5 | | year after the determination to elect members for
a 6 year term |
| 6 | | 5 members are elected, 3 shall serve for a term of 6 years
and 2 |
| 7 | | shall serve for a term of 2 years; and of the members elected |
| 8 | | at the
next regular school election 2 shall serve for terms of |
| 9 | | 6 years and 2 shall
serve for terms of 2 years. Thereafter |
| 10 | | members elected in such districts
shall be elected to a 6 year |
| 11 | | term. An election for board members shall not
be held in school |
| 12 | | districts which by consolidation, annexation or otherwise
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| 13 | | shall cease to exist as a school district within 6 months after |
| 14 | | the
election date, and the term of all board members which |
| 15 | | would otherwise
terminate shall be continued until such |
| 16 | | district shall cease to exist. Each
member, on the date of his |
| 17 | | or her election, shall be a
citizen of the United
States of the |
| 18 | | age of 18 years or over, shall be a resident of the State and
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| 19 | | the
territory of the district for at least one year immediately |
| 20 | | preceding his or
her
election, shall be a registered voter as |
| 21 | | provided in the general election
law,
shall not be a school |
| 22 | | trustee, and shall not be a child
sex offender as defined in |
| 23 | | Section 11-9.3 of the
Criminal Code of 2012. When the board of
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| 24 | | education is the successor of the school directors, all rights |
| 25 | | of property,
and all rights regarding causes of action existing |
| 26 | | or vested in such
directors, shall vest in it as fully as they |
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| 1 | | were vested in the school
directors. Terms of members are |
| 2 | | subject to Section 2A-54 of the Election Code.
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| 3 | | Nomination papers filed under this Section are not valid |
| 4 | | unless the candidate
named therein files with the county clerk |
| 5 | | or the county board of election commissioners, as the case may |
| 6 | | be, of the county in which the principal office of the school |
| 7 | | district is located a receipt
from the county clerk showing |
| 8 | | that the candidate has filed a statement of
economic interests |
| 9 | | as required by the Illinois Governmental Ethics Act.
Such |
| 10 | | receipt shall be so filed either previously during the calendar |
| 11 | | year
in which his nomination papers were filed or within the |
| 12 | | period for the filing
of nomination papers in accordance with |
| 13 | | the general election law.
|
| 14 | | Whenever a vacancy occurs, the remaining members shall |
| 15 | | notify the
regional superintendent of that vacancy within 5 |
| 16 | | days after its occurrence
and shall proceed to fill the vacancy |
| 17 | | until the next regular school
election, at which election a |
| 18 | | successor shall be elected to serve the
remainder of the |
| 19 | | unexpired term. However, if the vacancy occurs with less
than |
| 20 | | 868 days remaining in the term, or if the vacancy occurs
less |
| 21 | | than 88
days before the next regularly scheduled election for |
| 22 | | this office then the
person so appointed shall serve the |
| 23 | | remainder of the unexpired term, and no
election to fill the |
| 24 | | vacancy shall be held. Should they fail so to
act, within 45 |
| 25 | | days after the vacancy occurs, the regional superintendent
of |
| 26 | | schools under whose supervision and control the district is |
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| 1 | | operating,
as defined in Section 3-14.2 of this Act, shall |
| 2 | | within 30 days after the
remaining members have failed to fill |
| 3 | | the vacancy, fill the vacancy as
provided for herein. Upon the |
| 4 | | regional superintendent's failure to fill the
vacancy, the |
| 5 | | vacancy shall be filled at the next regularly scheduled
|
| 6 | | election. Whether elected or appointed by the remaining members |
| 7 | | or regional
superintendent, the successor shall be an |
| 8 | | inhabitant of the particular area
from which his or her |
| 9 | | predecessor was elected if the residential requirements
|
| 10 | | contained in Section 10-10.5 or 12-2 of this Code apply.
|
| 11 | | A board of education may appoint a student to the board to |
| 12 | | serve in an advisory capacity. The student member shall serve |
| 13 | | for a term as determined by the board. The board may not grant |
| 14 | | the student member any voting privileges, but shall consider |
| 15 | | the student member as an advisor. The student member may not |
| 16 | | participate in or attend any executive session of the board.
|
| 17 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-115, eff. 7-29-13.)
|
| 18 | | (105 ILCS 5/10-16) (from Ch. 122, par. 10-16)
|
| 19 | | Sec. 10-16. Organization of Board. Within 28 days after the |
| 20 | | general consolidated
election, other than the consolidated |
| 21 | | elections in 1999 and 2001, the
board shall organize by |
| 22 | | electing its officers and fixing a time and place
for the |
| 23 | | regular meetings. However, when school board members are |
| 24 | | elected at
the consolidated elections held in April of 1999 and |
| 25 | | April of 2001, the board
shall organize within 7 days after the |
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| 1 | | first Tuesday after the first Monday of
November in each such |
| 2 | | year by electing officers and setting the time and place
of the |
| 3 | | regular meetings. Upon organizing itself as provided in this |
| 4 | | paragraph,
the board shall enter upon the discharge of its |
| 5 | | duties.
|
| 6 | | The regional superintendent of schools having supervision |
| 7 | | and control, as
provided in Section 3-14.2, of a new school
|
| 8 | | district that is governed by this the School Code and formed on |
| 9 | | or after the
effective date of this amendatory Act of 1998 |
| 10 | | shall convene
the newly elected board within 7 days after the |
| 11 | | election of the board of
education of that district, whereupon
|
| 12 | | the board
shall proceed to organize by electing one of their |
| 13 | | number as
president and
electing a secretary, who may or may |
| 14 | | not be a member. At such meeting the
length of term of each of |
| 15 | | the members shall be determined by lot so that 4
shall serve |
| 16 | | for 4 years, and 3 for 2 years from the commencement of their
|
| 17 | | terms; provided, however, if such members were not elected at |
| 18 | | the
general consolidated election in an odd-numbered year, such |
| 19 | | initial
terms shall be
extended to the general consolidated |
| 20 | | election for school board
members immediately
following the |
| 21 | | expiration of the initial 4 or 2 year terms.
The provisions of |
| 22 | | this paragraph that relate to the determination of terms by
lot |
| 23 | | shall not apply to the initial members of the board of |
| 24 | | education of a
combined school district who are to be elected |
| 25 | | to unstaggered terms.
|
| 26 | | The terms of the
officers of a board of education shall be |
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| 1 | | for 2 years, except that
the
terms of the officers elected at |
| 2 | | the organization meeting in November, 2001
shall expire at the |
| 3 | | organization meeting in April, 2003; provided that the
board by |
| 4 | | resolution may
establish a policy for the terms of office to be |
| 5 | | one year, and provide for
the election of officers.
|
| 6 | | Special meetings of the board of education may be called by |
| 7 | | the president
or by any 3 members of the board by giving notice |
| 8 | | thereof in writing, stating
the time, place and purpose of the |
| 9 | | meeting. Such notice may be served by
mail 48 hours before such |
| 10 | | meeting or by personal service 24 hours before
such meeting. |
| 11 | | Public notice of meetings must also be given as prescribed in
|
| 12 | | Sections 2.02 and 2.03 of the Open Meetings Act, as now or |
| 13 | | hereafter amended.
|
| 14 | | At each regular and special meeting which is open to the |
| 15 | | public, members
of the public and employees of the district |
| 16 | | shall be afforded time, subject
to reasonable constraints, to |
| 17 | | comment to or ask questions of the board.
|
| 18 | | The president or district superintendent shall, at each |
| 19 | | regular board
meeting, report any requests made of the district |
| 20 | | under provisions of the The
Freedom of Information Act and |
| 21 | | shall report the status of the district's
response.
|
| 22 | | (Source: P.A. 93-847, eff. 7-30-04; 94-1019, eff. 7-10-06.)
|
| 23 | | (105 ILCS 5/11E-55) |
| 24 | | Sec. 11E-55. Holding of elections. |
| 25 | | (a) Elections provided by this Article shall be conducted |
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| 1 | | in accordance with the general election law. The regional |
| 2 | | superintendent of schools shall perform the election duties |
| 3 | | assigned by law to the secretary of a school board for the |
| 4 | | election and shall certify the officers and candidates |
| 5 | | therefore pursuant to the general election law. |
| 6 | | (b) Nomination papers filed under this Article are not |
| 7 | | valid unless the candidate named therein files with the |
| 8 | | regional superintendent of schools a receipt from the county |
| 9 | | clerk showing that the candidate has filed a statement of |
| 10 | | economic interests as required by the Illinois Governmental |
| 11 | | Ethics Act. This receipt shall be so filed either previously |
| 12 | | during the calendar year in which his or her nomination papers |
| 13 | | were filed or within the period for the filing of nomination |
| 14 | | papers in accordance with the general election law. |
| 15 | | (c)(1) If the petition requests the election of school |
| 16 | | board members of the school district proposed to be created at |
| 17 | | the same election at which the proposition to establish that |
| 18 | | district is to be submitted to voters or if the regional |
| 19 | | superintendent of schools finds it to be in the best interest |
| 20 | | of the districts involved to elect school board members of the |
| 21 | | school district proposed to be created at the same a |
| 22 | | consolidated election or general primary election, then that |
| 23 | | fact shall be included in the notice of referendum. |
| 24 | | (2) If the members of the school board of the school |
| 25 | | district proposed to be created are not to be elected at the |
| 26 | | same election at which the proposition to establish that |
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| 1 | | district is to be submitted to the voters, then the regional |
| 2 | | superintendent of schools shall order an election to be held on |
| 3 | | the next regularly scheduled election date for the purpose of |
| 4 | | electing a school board for that district. |
| 5 | | (3) In either event, the school board elected for a new |
| 6 | | school district or districts created under this Article shall |
| 7 | | consist of 7 members who shall have the terms and the powers |
| 8 | | and duties of school boards as provided by statute. |
| 9 | | (d) All notices regarding propositions for reorganization |
| 10 | | or creation of new school districts under this Article shall be |
| 11 | | given in accordance with the general election law in |
| 12 | | substantially the following form: |
| 13 | | (1) Notice in high school - unit conversion or unit to |
| 14 | | dual conversion:
|
| 15 | | NOTICE OF REFERENDUM TO DISSOLVE
|
| 16 | | CERTAIN SCHOOL DISTRICTS AND
|
| 17 | | ESTABLISH CERTAIN NEW SCHOOL DISTRICTS
|
| 18 | | NOTICE is hereby given that on (insert date), a |
| 19 | | referendum will be held in part(s) of ....... county |
| 20 | | (counties) for the purpose of voting for or against the |
| 21 | | proposition to dissolve (here identify the school |
| 22 | | districts to be dissolved by name and number) and to |
| 23 | | establish new school districts for the following described |
| 24 | | territory: A new (here specify elementary, high school, or |
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| 1 | | unit) district shall be formed from (here describe the |
| 2 | | territory, which, for territory currently included in an |
| 3 | | entire school district, may be a general reference to all |
| 4 | | of the territory included within that particular school |
| 5 | | district). (Here repeat the territory information for each |
| 6 | | new school district.) |
| 7 | | The election is called and will be held pursuant to an |
| 8 | | order of the Regional Superintendent dated on (insert |
| 9 | | date), which order states that if a majority of the voters |
| 10 | | in each of the affected districts voting on the proposition |
| 11 | | at the referendum vote in favor thereof, the tax rates for |
| 12 | | various purposes of the new districts shall be as follows: |
| 13 | | For the new (here specify elementary, high school, or unit) |
| 14 | | district formed from the territory of (here describe |
| 15 | | territory, which, for territory currently included in an |
| 16 | | entire school district, may be a general reference to all |
| 17 | | of the territory included within that particular |
| 18 | | district), the tax rates for various purposes shall be |
| 19 | | (here specify the maximum tax rates for various purposes |
| 20 | | the proposed school district is authorized to levy and, if |
| 21 | | applicable, the specifications related to the Property Tax |
| 22 | | Extension Limitation Law, in accordance with Section |
| 23 | | 11E-80 of this Code). (Here repeat the tax rate information |
| 24 | | for each new school district.) |
| 25 | | Dated (insert date).
|
| 26 | | Regional Superintendent of Schools ..................
|
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| 1 | | (2) Notice for combined school district formation:
|
| 2 | | NOTICE OF REFERENDUM
|
| 3 | | TO ESTABLISH COMBINED SCHOOL DISTRICT
|
| 4 | | NOTICE is hereby given that on (insert date), a |
| 5 | | referendum will be held in part(s) of ....... county |
| 6 | | (counties) for the purpose of voting for or against the |
| 7 | | proposition to establish a combined (here insert |
| 8 | | elementary, high school, or unit) school district for the |
| 9 | | following described territory: (here describe the |
| 10 | | territory, which, for territory currently included in an |
| 11 | | entire school district, may be a general reference to all |
| 12 | | of the territory included within that particular school |
| 13 | | district). The election is called and will be held pursuant |
| 14 | | to an order of the Regional Superintendent dated on (insert |
| 15 | | date), which order states that if a majority of the voters |
| 16 | | in each of the affected school districts voting on the |
| 17 | | proposition at the referendum vote in favor thereof, the |
| 18 | | tax rates for various purposes of the proposed combined |
| 19 | | school district shall be (here specify the maximum tax |
| 20 | | rates for various purposes the proposed combined school |
| 21 | | district is authorized to levy and, if applicable, the |
| 22 | | specifications related to the Property Tax Extension |
| 23 | | Limitation Law, in accordance with Section 11E-80 of this |
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| 1 | | Code).
|
| 2 | | Dated (insert date).
|
| 3 | | Regional Superintendent of Schools ..................
|
| 4 | | (3) Notice for unit district formation (other than a |
| 5 | | partial elementary unit district):
|
| 6 | | NOTICE OF REFERENDUM TO ESTABLISH
|
| 7 | | A COMMUNITY UNIT DISTRICT
|
| 8 | | NOTICE is hereby given that on (insert date), a |
| 9 | | referendum will be held in part(s) of ....... county |
| 10 | | (counties) for the purpose of voting for or against the |
| 11 | | proposition to establish a unit district for the following |
| 12 | | described territory: (here describe the territory, which, |
| 13 | | for territory currently included in an entire school |
| 14 | | district, may be a general reference to all of the |
| 15 | | territory included within that particular school |
| 16 | | district). The election is called and will be held pursuant |
| 17 | | to an order of the Regional Superintendent dated on (insert |
| 18 | | date), which order states that if a majority of the voters |
| 19 | | in each of the affected school districts voting on the |
| 20 | | proposition at the referendum vote in favor thereof, the |
| 21 | | tax rates for various purposes for the proposed unit |
| 22 | | district shall be (here specify the maximum tax rates for |
| 23 | | various purposes the proposed unit district shall be |
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| 1 | | authorized to levy and, if applicable, the specifications |
| 2 | | related to the Property Tax Extension Limitation Law, in |
| 3 | | accordance with Section 11E-80 of this Code).
|
| 4 | | Dated (insert date).
|
| 5 | | Regional Superintendent of Schools ..................
|
| 6 | | (4) Notice for combined high school - unit district |
| 7 | | formation:
|
| 8 | | NOTICE OF REFERENDUM
|
| 9 | | TO ESTABLISH COMBINED HIGH SCHOOL - UNIT DISTRICT
|
| 10 | | NOTICE is hereby given that on (insert date), a |
| 11 | | referendum will be held in part(s) of ....... county |
| 12 | | (counties) for the purpose of voting for or against the |
| 13 | | proposition to establish a combined high school - unit |
| 14 | | district for the following described territory: (here |
| 15 | | describe the territory, which, for territory currently |
| 16 | | included in an entire school district, may be a general |
| 17 | | reference to all of the territory included within that |
| 18 | | particular school district). The following described |
| 19 | | territory shall be included in the combined high school - |
| 20 | | unit district for high school purposes only: (here describe |
| 21 | | the territory that will be included only for high school |
| 22 | | purposes, which, for territory currently included in an |
| 23 | | entire school district, may be a general reference to all |
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| 1 | | of the territory included within that particular school |
| 2 | | district). The election is called and will be held pursuant |
| 3 | | to an order of the Regional Superintendent dated on (insert |
| 4 | | date), which order states that if a majority of the voters |
| 5 | | in each of the affected school districts voting on the |
| 6 | | proposition at the referendum vote in favor thereof, the |
| 7 | | tax rates for various purposes for the proposed combined |
| 8 | | high school - unit district shall be (here specify the |
| 9 | | maximum tax rates for various purposes the proposed |
| 10 | | combined high school - unit district shall be authorized to |
| 11 | | levy and, if applicable, the specifications related to the |
| 12 | | Property Tax Extension Limitation Law, in accordance with |
| 13 | | Sections 11E-80 and 11E-90 of this Code).
|
| 14 | | Dated (insert date).
|
| 15 | | Regional Superintendent of Schools ..................
|
| 16 | |
(5) Notice for multi-unit conversion:
|
| 17 | | NOTICE OF REFERENDUM TO DISSOLVE CERTAIN
|
| 18 | | UNIT SCHOOL DISTRICTS AND ESTABLISH CERTAIN
|
| 19 | | NEW SCHOOL DISTRICTS
|
| 20 | | NOTICE is hereby given that on (insert date), a |
| 21 | | referendum will be held in part(s) of ....... county |
| 22 | | (counties) for the purpose of voting for or against the |
| 23 | | proposition to dissolve (here identify the districts to be |
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| 1 | | dissolved by name and number) and to establish new school |
| 2 | | districts for the following described territory: A new |
| 3 | | (here specify elementary or combined high school - unit) |
| 4 | | district shall be formed from (here describe the territory, |
| 5 | | which, for territory currently included in an entire school |
| 6 | | district, may be a general reference to all of the |
| 7 | | territory included within that particular school |
| 8 | | district). (Here repeat the territory information for each |
| 9 | | new school district.) The following described territory |
| 10 | | shall be included in the proposed combined high school - |
| 11 | | unit district only for high school purposes: (here describe |
| 12 | | the territory that will only be included for high school |
| 13 | | purposes, which, for territory currently included in an |
| 14 | | entire school district, may be a general reference to all |
| 15 | | of the territory included within that particular school |
| 16 | | district). |
| 17 | | The election is called and will be held pursuant to an |
| 18 | | order of the Regional Superintendent dated on (insert |
| 19 | | date), which order states that if a majority of the voters |
| 20 | | in each of the affected districts voting on the proposition |
| 21 | | at the referendum vote in favor thereof, the tax rates for |
| 22 | | various purposes of the new districts shall be as follows: |
| 23 | | For the new elementary district formed from the territory |
| 24 | | of (here identify the unit district by name and number) the |
| 25 | | tax rates for various purposes shall be (here specify the |
| 26 | | maximum tax rates for various purposes the proposed |
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| 1 | | elementary district is authorized to levy and, if |
| 2 | | applicable, the specifications related to the Property Tax |
| 3 | | Extension Limitation Law, in accordance with Section |
| 4 | | 11E-80 of this Code). (Here repeat the tax rate and |
| 5 | | Property Tax Extension Limitation Law information for each |
| 6 | | new elementary district.) For the new combined high school - |
| 7 | | unit district, the tax rates for various purposes shall |
| 8 | | be (here specify the maximum tax rates for various purposes |
| 9 | | the proposed combined high school - unit district shall be |
| 10 | | authorized to levy and, if applicable, the specifications |
| 11 | | related to the Property Tax Extension Limitation Law, in |
| 12 | | accordance with Sections 11E-80 and 11E-90 of this Code).
|
| 13 | | Dated (insert date).
|
| 14 | | Regional Superintendent of Schools ..................
|
| 15 | | (6) Notice for optional elementary unit district |
| 16 | | formation:
|
| 17 | | NOTICE OF REFERENDUM TO ESTABLISH
|
| 18 | | AN OPTIONAL ELEMENTARY UNIT DISTRICT
|
| 19 | | NOTICE is hereby given that on (insert date), a |
| 20 | | referendum will be held in part(s) of ....... county |
| 21 | | (counties) for the purpose of voting for or against the |
| 22 | | proposition to establish an optional elementary unit |
| 23 | | district for the following described territory: (here |
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| 1 | | describe the elementary and high school district territory |
| 2 | | by name and number). If a majority of the voters in one or |
| 3 | | more of the affected elementary districts and in the |
| 4 | | affected high school district voting on the proposition at |
| 5 | | the referendum vote in favor thereof, all of the territory |
| 6 | | included within the affected high school district shall be |
| 7 | | included in the optional elementary unit district for high |
| 8 | | school purposes. However, only the territory of elementary |
| 9 | | districts in which a majority of the voters voting in the |
| 10 | | proposition at the referendum vote in favor thereof shall |
| 11 | | be included in the optional elementary unit district for |
| 12 | | elementary purposes. The election is called and will be |
| 13 | | held pursuant to an order of the Regional Superintendent |
| 14 | | dated on (insert date), which order states that if a |
| 15 | | majority of the voters in one or more of the affected |
| 16 | | elementary districts and in the affected high school |
| 17 | | district voting on the proposition at the referendum vote |
| 18 | | in favor thereof, the tax rates for various purposes for |
| 19 | | the proposed optional elementary unit district shall be |
| 20 | | (here list the maximum tax rates for various purposes the |
| 21 | | proposed optional elementary unit district is authorized |
| 22 | | to levy and, if applicable, the specifications related to |
| 23 | | the Property Tax Extension Limitation Law, in accordance |
| 24 | | with Sections 11E-80 and 11E-95 of this Code).
|
| 25 | | Dated (insert date).
|
| 26 | | Regional Superintendent of Schools ..................
|
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| 1 | | (7) Notice for an elementary district to opt into a |
| 2 | | partial elementary unit district:
|
| 3 | | NOTICE OF REFERENDUM TO JOIN
|
| 4 | | AN OPTIONAL ELEMENTARY UNIT DISTRICT
|
| 5 | | NOTICE is hereby given that on (insert date), a |
| 6 | | referendum will be held in part(s) of ....... county |
| 7 | | (counties) for the purpose of voting for or against the |
| 8 | | proposition to dissolve an elementary district and join an |
| 9 | | optional elementary unit district for kindergarten through |
| 10 | | 12 grade-level purposes for all of the territory included |
| 11 | | within (here identify the elementary district by name and |
| 12 | | number). The election is called and will be held pursuant |
| 13 | | to an order of the Regional Superintendent dated on (insert |
| 14 | | date), which order states that if a majority of the voters |
| 15 | | in the elementary school district voting on the proposition |
| 16 | | at the referendum vote in favor thereof, the tax rates for |
| 17 | | various purposes for the optional elementary unit district |
| 18 | | shall be (here list the maximum tax rates for various |
| 19 | | purposes the optional elementary unit district is |
| 20 | | authorized to levy and, if applicable, the specifications |
| 21 | | related to the Property Tax Extension Limitation Law, in |
| 22 | | accordance with Sections 11E-80 and 11E-95 of this Code) |
| 23 | | and the elementary district, prior to dissolution, shall |
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| 1 | | issue funding bonds pursuant to Sections 19-8 and 19-9 of |
| 2 | | the School Code to liquidate any operational deficit or |
| 3 | | debt incurred or accumulated since the date of the election |
| 4 | | in which the proposition to form the optional elementary |
| 5 | | unit district passed.
|
| 6 | | Dated (insert date).
|
| 7 | | Regional Superintendent of Schools ....................
|
| 8 | | (Source: P.A. 94-1019, eff. 7-10-06.)
|
| 9 | | (105 ILCS 5/32-1.1) (from Ch. 122, par. 32-1.1)
|
| 10 | | Sec. 32-1.1. Election and powers of board - No provision in |
| 11 | | special act. In all special charter districts maintaining |
| 12 | | schools under any general school
laws, where there is no |
| 13 | | provision in the special Acts creating such districts
for the |
| 14 | | election of boards of education as otherwise provided, there |
| 15 | | shall
be elected, in lieu of the school directors as now |
| 16 | | provided, a board of
education, to consist of 7 members to be |
| 17 | | elected at the time and in the
manner as provided by the |
| 18 | | general election law for the
election and qualification of |
| 19 | | boards of education in other cases. In any
district having a |
| 20 | | population of more than 100,000 but less than
2,000,000
such |
| 21 | | board may be increased in size to 11 members upon adoption by a |
| 22 | | majority
of electors residing in the district and voting on the |
| 23 | | question in a referendum
as provided in this Section. Such |
| 24 | | question shall be submitted to the electors
at an election upon |
| 25 | | a resolution adopted by the Board. Members
shall be elected |
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| 1 | | biennially in the school district, whose term of office
shall |
| 2 | | be 4 years,
and there shall also be elected in each |
| 3 | | even-numbered odd-numbered year
a president of the board. |
| 4 | | Following the first such election, those members
elected, other |
| 5 | | than the president, shall, by lot, determine 3 to serve 2
years |
| 6 | | and 3 to serve 4 years; thereafter, all terms shall be 4 years. |
| 7 | | In
other cases, however, if 4 members, other than the |
| 8 | | president, are elected
in 1983, then those elected shall, by |
| 9 | | lot, determine one to serve for 2
years and 3 to serve 4 years; |
| 10 | | thereafter all terms shall be 4 years. In
neither case shall |
| 11 | | such determinations affect the biennial selection of
the |
| 12 | | president. At the first regular school election after
the |
| 13 | | adoption by the district electors of a question as provided in |
| 14 | | this
Section increasing the size of the board in those |
| 15 | | districts entitled to
exercise an option for and elect an 11 |
| 16 | | member board, 4 additional members
shall be elected and shall |
| 17 | | determine by lot 2 to serve for 2
years and 2 for 4 years.
Their |
| 18 | | successors shall serve for a 4 year term. In case of
an 11 |
| 19 | | member board already in existence, if 7 members, other than the
|
| 20 | | president,
are elected in 1983 then those members elected |
| 21 | | shall, by lot determine one
to serve 2 years and 6 to serve 4 |
| 22 | | years. Terms thereafter shall be 4 years.
The board of |
| 23 | | education shall have all the powers and duties of trustees
of |
| 24 | | schools in school townships and the powers and duties of boards |
| 25 | | of education
in districts having a population of not fewer than |
| 26 | | 1,000 and not more than
500,000 as provided by this Act.
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| | SB0669 | - 32 - | LRB099 04293 NHT 24318 b |
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| 1 | | The day upon which the election provided for in this |
| 2 | | section is to be held
is subject to the provisions of the |
| 3 | | general election law.
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| 4 | | (Source: P.A. 86-225.)
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| 5 | | (105 ILCS 5/32-2.12) (from Ch. 122, par. 32-2.12)
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| 6 | | Sec. 32-2.12. Time for election of board members. In all |
| 7 | | special charter districts, the regular election of members
of |
| 8 | | such boards shall hereafter be held on the date set for
school |
| 9 | | elections
as provided in the general election law in
odd |
| 10 | | numbered years.
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| 11 | | (Source: P.A. 81-1490.)
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