Illinois 2023 2023-2024 Regular Session

Illinois House Bill HB0305 Enrolled / Bill

Filed 05/24/2024

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1  AN ACT concerning education.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The School Code is amended by changing Sections
5  5-1, 5-2, 5-2.1, 5-2.2, 5-3, 5-4, 5-12, 5-13, 5-16, and 8-1 as
6  follows:
7  (105 ILCS 5/5-1) (from Ch. 122, par. 5-1)
8  Sec. 5-1. County school units.
9  (a) The territory in each county, exclusive of any school
10  district governed by any special act which requires the
11  district to appoint its own school treasurer, shall constitute
12  a county school unit. County school units of less than
13  2,000,000 inhabitants shall be known as Class I county school
14  units and the office of township trustees, where existing on
15  July 1, 1962, in such units shall be abolished on that date and
16  all books and records of such former township trustees shall
17  be forthwith thereafter transferred to the county board of
18  school trustees. County school units of 2,000,000 or more
19  inhabitants shall be known as Class II county school units and
20  shall retain the office of township trustees unless otherwise
21  provided in subsection (b), or (c), or (d), or shall be
22  administered as provided Section 5-2.2.
23  (b) Notwithstanding subsections (a) and (c), the school

 

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1  board of any elementary school district having a fall, 1989
2  aggregate enrollment of at least 2,500 but less than 6,500
3  pupils and having boundaries that are coterminous with the
4  boundaries of a high school district, and the school board of
5  any high school district having a fall, 1989 aggregate
6  enrollment of at least 2,500 but less than 6,500 pupils and
7  having boundaries that are coterminous with the boundaries of
8  an elementary school district, may, whenever the territory of
9  such school district forms a part of a Class II county school
10  unit, by proper resolution withdraw such school district from
11  the jurisdiction and authority of the trustees of schools of
12  the township in which such school district is located and from
13  the jurisdiction and authority of the township treasurer in
14  such Class II county school unit; provided that the school
15  board of any such school district shall, upon the adoption and
16  passage of such resolution, thereupon elect or appoint its own
17  school treasurer as provided in Section 8-1. Upon the adoption
18  and passage of such resolution and the election or appointment
19  by the school board of its own school treasurer: (1) the
20  trustees of schools in such township shall no longer have or
21  exercise any powers and duties with respect to the school
22  district governed by such school board or with respect to the
23  school business, operations or assets of such school district;
24  and (2) all books and records of the township trustees
25  relating to the school business and affairs of such school
26  district shall be transferred and delivered to the school

 

 

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1  board of such school district. Upon the effective date of this
2  amendatory Act of 1993, the legal title to, and all right,
3  title and interest formerly held by the township trustees in
4  any school buildings and school sites used and occupied by the
5  school board of such school district for school purposes, that
6  legal title, right, title and interest thereafter having been
7  transferred to and vested in the regional board of school
8  trustees under P.A. 87-473 until the abolition of that
9  regional board of school trustees by P.A. 87-969, shall be
10  deemed transferred by operation of law to and shall vest in the
11  school board of that school district.
12  Notwithstanding subsections (a) and (c), the school boards
13  of Oak Park & River Forest District 200, Oak Park Elementary
14  School District 97, and River Forest School District 90 may,
15  by proper resolution, withdraw from the jurisdiction and
16  authority of the trustees of schools of Proviso and Cicero
17  Townships and the township treasurer, provided that the school
18  board shall, upon the adoption and passage of the resolution,
19  elect or appoint its own school treasurer as provided in
20  Section 8-1 of this Code. Upon the adoption and passage of the
21  resolution and the election or appointment by the school board
22  of its own school treasurer: (1) the trustees of schools in the
23  township or townships shall no longer have or exercise any
24  powers or duties with respect to the school district or with
25  respect to the school business, operations, or assets of the
26  school district; (2) all books and records of the trustees of

 

 

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1  schools and all moneys, securities, loanable funds, and other
2  assets relating to the school business and affairs of the
3  school district shall be transferred and delivered to the
4  school board; and (3) all legal title to and all right, title,
5  and interest formerly held by the trustees of schools in any
6  common school lands, school buildings, or school sites used
7  and occupied by the school board and all rights of property and
8  causes of action pertaining to or constituting a part of the
9  common school lands, buildings, or sites shall be deemed
10  transferred by operation of law to and shall vest in the school
11  board.
12  Notwithstanding subsections (a) and (c), the respective
13  school boards of Berwyn North School District 98, Berwyn South
14  School District 100, Cicero School District 99, and J.S.
15  Morton High School District 201 may, by proper resolution,
16  withdraw from the jurisdiction and authority of the trustees
17  of schools of Cicero Township and the township treasurer,
18  provided that the school board shall, upon the adoption and
19  passage of the resolution, elect or appoint its own school
20  treasurer as provided in Section 8-1 of this Code. Upon the
21  adoption and passage of the resolution and the election or
22  appointment by the school board of its own school treasurer:
23  (1) the trustees of schools in the township shall no longer
24  have or exercise any powers or duties with respect to the
25  school district or with respect to the school business,
26  operations, or assets of the school district; (2) all books

 

 

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1  and records of the trustees of schools and all moneys,
2  securities, loanable funds, and other assets relating to the
3  school business and affairs of the school district shall be
4  transferred and delivered to the school board; and (3) all
5  legal title to and all right, title, and interest formerly
6  held by the trustees of schools in any common school lands,
7  school buildings, or school sites used and occupied by the
8  school board and all rights of property and causes of action
9  pertaining to or constituting a part of the common school
10  lands, buildings, or sites shall be deemed transferred by
11  operation of law to and shall vest in the school board.
12  Notwithstanding subsections (a) and (c) of this Section
13  and upon final judgment, including the exhaustion of all
14  appeals or a settlement between all parties, regarding claims
15  set forth in the case of Township Trustees of Schools Township
16  38 North, Range 12 East v. Lyons Township High School District
17  No. 204 case N. 13 CH 23386 pending in 2018 in the Circuit
18  Court of Cook County, Illinois, County Department, Chancery
19  Division, and all related pending claims, the school board of
20  Lyons Township High School District 204 may commence, by
21  proper resolution, to withdraw from the jurisdiction and
22  authority of the trustees of schools of Lyons Township and the
23  township treasurer, provided that the school board shall, upon
24  the adoption and passage of the resolution, elect or appoint
25  its own school treasurer as provided in Section 8-1 of this
26  Code. Upon the adoption and passage of the resolution and the

 

 

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1  election or appointment by the school board of its own school
2  treasurer commencing with the first day of the succeeding
3  fiscal year, but not prior to July 1, 2019: (1) the trustees of
4  schools in the township shall no longer have or exercise any
5  powers or duties with respect to the school district or with
6  respect to the school business, operations, or assets of the
7  school district; (2) all books and records of the trustees of
8  schools and all moneys, securities, loanable funds, and other
9  assets relating to the school business and affairs of the
10  school district shall be transferred and delivered to the
11  school board, allowing for a reasonable period of time not to
12  exceed 90 days to liquidate any pooled investments; and (3)
13  all legal title to and all right, title, and interest formerly
14  held by the trustees of schools in any common school lands,
15  school buildings, or school sites used and occupied by the
16  school board and all rights of property and causes of action
17  pertaining to or constituting a part of the common school
18  lands, buildings, or sites shall be deemed transferred by
19  operation of law to and shall vest in the school board. The
20  changes made to this Section by this amendatory Act of the
21  100th General Assembly are prospective only, starting from the
22  effective date of this amendatory Act of the 100th General
23  Assembly, and shall not affect any legal action pending on the
24  effective date of this amendatory Act of the 100th General
25  Assembly in the Illinois courts in which Lyons Township High
26  School District 204 is a listed party.

 

 

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1  Notwithstanding subsections (a) and (c), the school boards
2  of Glenbrook High School District 225, Northbrook Elementary
3  School District 27, Northbrook School District 28, Sunset
4  Ridge School District 29, Northbrook/Glenview School District
5  30, West Northfield School District 31, and Glenview Community
6  Consolidated School District 34 may, by proper resolution,
7  withdraw from the jurisdiction and authority of the trustees
8  of schools of Northfield and Maine Townships and the township
9  treasurer, provided that the school board shall, upon the
10  adoption and passage of the resolution, elect or appoint its
11  own school treasurer as provided in Section 8-1 of this Code.
12  Upon the adoption and passage of the resolution and the
13  election or appointment by the school board of its own school
14  treasurer: (1) the trustees of schools in the township or
15  townships shall no longer have or exercise any powers or
16  duties with respect to the school district or with respect to
17  the school business, operations, or assets of the school
18  district; (2) all books and records of the trustees of schools
19  and all moneys, securities, loanable funds, and other assets
20  relating to the school business and affairs of the school
21  district shall be transferred and delivered to the school
22  board; and (3) all legal title to and all right, title, and
23  interest formerly held by the trustees of schools in any
24  common school lands, school buildings, or school sites used
25  and occupied by the school board and all rights of property and
26  causes of action pertaining to or constituting a part of the

 

 

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1  common school lands, buildings, or sites shall be deemed
2  transferred by operation of law to and shall vest in the school
3  board.
4  (c) Notwithstanding the provisions of subsection (a), the
5  offices of township treasurer and trustee of schools of any
6  township located in a Class II county school unit shall be
7  abolished as provided in this subsection if all of the
8  following conditions are met:
9  (1) During the same 30 day period, each school board
10  of each elementary and unit school district that is
11  subject to the jurisdiction and authority of the township
12  treasurer and trustees of schools of the township in which
13  those offices are sought to be abolished gives written
14  notice by certified mail, return receipt requested to the
15  township treasurer and trustees of schools of that
16  township of the date of a meeting of the school board, to
17  be held not more than 90 nor less than 60 days after the
18  date when the notice is given, at which meeting the school
19  board is to consider and vote upon the question of whether
20  there shall be submitted to the electors of the school
21  district a proposition to abolish the offices of township
22  treasurer and trustee of schools of that township. None of
23  the notices given under this paragraph to the township
24  treasurer and trustees of schools of a township shall be
25  deemed sufficient or in compliance with the requirements
26  of this paragraph unless all of those notices are given

 

 

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1  within the same 30 day period.
2  (2) Each school board of each elementary and unit
3  school district that is subject to the jurisdiction and
4  authority of the township treasurer and trustees of
5  schools of the township in which those offices are sought
6  to be abolished, by the affirmative vote of at least 5
7  members of the school board at a school board meeting of
8  which notice is given as required by paragraph (1) of this
9  subsection, adopts a resolution requiring the secretary of
10  the school board to certify to the proper election
11  authorities for submission to the electors of the school
12  district at the next consolidated election in accordance
13  with the general election law a proposition to abolish the
14  offices of township treasurer and trustee of schools of
15  that township. None of the resolutions adopted under this
16  paragraph by any elementary or unit school districts that
17  are subject to the jurisdiction and authority of the
18  township treasurer and trustees of schools of the township
19  in which those offices are sought to be abolished shall be
20  deemed in compliance with the requirements of this
21  paragraph or sufficient to authorize submission of the
22  proposition to abolish those offices to a referendum of
23  the electors in any such school district unless all of the
24  school boards of all of the elementary and unit school
25  districts that are subject to the jurisdiction and
26  authority of the township treasurer and trustees of

 

 

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1  schools of that township adopt such a resolution in
2  accordance with the provisions of this paragraph.
3  (3) The school boards of all of the elementary and
4  unit school districts that are subject to the jurisdiction
5  and authority of the township treasurer and trustees of
6  schools of the township in which those offices are sought
7  to be abolished submit a proposition to abolish the
8  offices of township treasurer and trustee of schools of
9  that township to the electors of their respective school
10  districts at the same consolidated election in accordance
11  with the general election law, the ballot in each such
12  district to be in substantially the following form:
13  ----------------------------------------------
14  OFFICIAL BALLOT
15  Shall the offices of township
16  treasurer and YES
17  trustee of -------------
18  schools of Township ..... NO
19  Range ..... be abolished?
20  ---------------------------------------------------------
21  (4) At the consolidated election at which the
22  proposition to abolish the offices of township treasurer
23  and trustee of schools of a township is submitted to the
24  electors of each elementary and unit school district that
25  is subject to the jurisdiction and authority of the
26  township treasurer and trustee of schools of that

 

 

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1  township, a majority of the electors voting on the
2  proposition in each such elementary and unit school
3  district votes in favor of the proposition as submitted to
4  them.
5  If in each elementary and unit school district that is
6  subject to the jurisdiction and authority of the township
7  treasurer and trustees of schools of the township in which
8  those offices are sought to be abolished a majority of the
9  electors in each such district voting at the consolidated
10  election on the proposition to abolish the offices of township
11  treasurer and trustee of schools of that township votes in
12  favor of the proposition as submitted to them, the proposition
13  shall be deemed to have passed; but if in any such elementary
14  or unit school district a majority of the electors voting on
15  that proposition in that district fails to vote in favor of the
16  proposition as submitted to them, then notwithstanding the
17  vote of the electors in any other such elementary or unit
18  school district on that proposition the proposition shall not
19  be deemed to have passed in any of those elementary or unit
20  school districts, and the offices of township treasurer and
21  trustee of schools of the township in which those offices were
22  sought to be abolished shall not be abolished, unless in each
23  of those elementary and unit school districts remaining
24  subject to the jurisdiction and authority of the township
25  treasurer and trustees of schools of that township proceedings
26  are again initiated to abolish those offices and all of the

 

 

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1  proceedings and conditions prescribed in paragraphs (1)
2  through (4) of this subsection are repeated and met in each of
3  those elementary and unit school districts.
4  Notwithstanding the foregoing provisions of this Section
5  or any other provision of the School Code, the offices of
6  township treasurer and trustee of schools of a township that
7  has a population of less than 200,000 and that contains a unit
8  school district and is located in a Class II county school unit
9  shall also be abolished as provided in this subsection if all
10  of the conditions set forth in paragraphs (1), (2), and (3) of
11  this subsection are met and if the following additional
12  condition is met:
13  The electors in all of the school districts subject to
14  the jurisdiction and authority of the township treasurer
15  and trustees of schools of the township in which those
16  offices are sought to be abolished shall vote at the
17  consolidated election on the proposition to abolish the
18  offices of township treasurer and trustee of schools of
19  that township. If a majority of the electors in all of the
20  school districts combined voting on the proposition vote
21  in favor of the proposition, then the proposition shall be
22  deemed to have passed; but if a majority of the electors
23  voting on the proposition in all of the school district
24  fails to vote in favor of the proposition as submitted to
25  them, then the proposition shall not be deemed to have
26  passed and the offices of township treasurer and trustee

 

 

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1  of schools of the township in which those offices were
2  sought to be abolished shall not be abolished, unless and
3  until the proceedings detailed in paragraphs (1) through
4  (3) of this subsection and the conditions set forth in
5  this paragraph are met.
6  If the proposition to abolish the offices of township
7  treasurer and trustee of schools of a township is deemed to
8  have passed at the consolidated election as provided in this
9  subsection, those offices shall be deemed abolished by
10  operation of law effective on January 1 of the calendar year
11  immediately following the calendar year in which that
12  consolidated election is held, provided that if after the
13  election, the trustees of schools by resolution elect to
14  abolish the offices of township treasurer and trustee of
15  schools effective on July 1 immediately following the
16  election, then the offices shall be abolished on July 1
17  immediately following the election. On the date that the
18  offices of township treasurer and trustee of schools of a
19  township are deemed abolished by operation of law, the school
20  board of each elementary and unit school district and the
21  school board of each high school district that is subject to
22  the jurisdiction and authority of the township treasurer and
23  trustees of schools of that township at the time those offices
24  are abolished: (i) shall appoint its own school treasurer as
25  provided in Section 8-1; and (ii) unless the term of the
26  contract of a township treasurer expires on the date that the

 

 

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1  office of township treasurer is abolished, shall pay to the
2  former township treasurer its proportionate share of any
3  aggregate compensation that, were the office of township
4  treasurer not abolished at that time, would have been payable
5  to the former township treasurer after that date over the
6  remainder of the term of the contract of the former township
7  treasurer that began prior to but ends after that date. In
8  addition, on the date that the offices of township treasurer
9  and trustee of schools of a township are deemed abolished as
10  provided in this subsection, the school board of each
11  elementary school, high school and unit school district that
12  until that date is subject to the jurisdiction and authority
13  of the township treasurer and trustees of schools of that
14  township shall be deemed by operation of law to have agreed and
15  assumed to pay and, when determined, shall pay to the Illinois
16  Municipal Retirement Fund a proportionate share of the
17  unfunded liability existing in that Fund at the time these
18  offices are abolished in that calendar year for all annuities
19  or other benefits then or thereafter to become payable from
20  that Fund with respect to all periods of service performed
21  prior to that date as a participating employee in that Fund by
22  persons serving during those periods of service as a trustee
23  of schools, township treasurer or regular employee in the
24  office of the township treasurer of that township. That
25  unfunded liability shall be actuarially determined by the
26  board of trustees of the Illinois Municipal Retirement Fund,

 

 

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1  and the board of trustees shall thereupon notify each school
2  board required to pay a proportionate share of that unfunded
3  liability of the aggregate amount of the unfunded liability so
4  determined. The amount so paid to the Illinois Municipal
5  Retirement Fund by each of those school districts shall be
6  credited to the account of the township in that Fund. For each
7  elementary school, high school and unit school district under
8  the jurisdiction and authority of a township treasurer and
9  trustees of schools of a township in which those offices are
10  abolished as provided in this subsection, each such district's
11  proportionate share of the aggregate compensation payable to
12  the former township treasurer as provided in this paragraph
13  and each such district's proportionate share of the aggregate
14  amount of the unfunded liability payable to the Illinois
15  Municipal Retirement Fund as provided in this paragraph shall
16  be computed in accordance with the ratio that the number of
17  pupils in average daily attendance in each such district for
18  the school year last ending prior to the date on which the
19  offices of township treasurer and trustee of schools of that
20  township are abolished bears to the aggregate number of pupils
21  in average daily attendance in all of those districts as so
22  reported for that school year.
23  Upon abolition of the offices of township treasurer and
24  trustee of schools of a township as provided in this
25  subsection: (i) the regional board of school trustees, in its
26  corporate capacity, shall be deemed the successor in interest

 

 

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1  to the former trustees of schools of that township with
2  respect to the common school lands and township loanable funds
3  of the township; (ii) all right, title and interest existing
4  or vested in the former trustees of schools of that township in
5  the common school lands and township loanable funds of the
6  township, and all records, moneys, securities and other
7  assets, rights of property and causes of action pertaining to
8  or constituting a part of those common school lands or
9  township loanable funds, shall be transferred to and deemed
10  vested by operation of law in the regional board of school
11  trustees, which shall hold legal title to, manage and operate
12  all common school lands and township loanable funds of the
13  township, receive the rents, issues and profits therefrom, and
14  have and exercise with respect thereto the same powers and
15  duties as are provided by this Code to be exercised by regional
16  boards of school trustees when acting as township land
17  commissioners in counties having at least 220,000 but fewer
18  than 2,000,000 inhabitants; (iii) the regional board of school
19  trustees shall select to serve as its treasurer with respect
20  to the common school lands and township loanable funds of the
21  township a person from time to time also serving as the
22  appointed school treasurer of any school district that was
23  subject to the jurisdiction and authority of the township
24  treasurer and trustees of schools of that township at the time
25  those offices were abolished, and the person selected to also
26  serve as treasurer of the regional board of school trustees

 

 

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1  shall have his compensation for services in that capacity
2  fixed by the regional board of school trustees, to be paid from
3  the township loanable funds, and shall make to the regional
4  board of school trustees the reports required to be made by
5  treasurers of township land commissioners, give bond as
6  required by treasurers of township land commissioners, and
7  perform the duties and exercise the powers of treasurers of
8  township land commissioners; (iv) the regional board of school
9  trustees shall designate in the manner provided by Section
10  8-7, insofar as applicable, a depositary for its treasurer,
11  and the proceeds of all rents, issues and profits from the
12  common school lands and township loanable funds of that
13  township shall be deposited and held in the account maintained
14  for those purposes with that depositary and shall be expended
15  and distributed therefrom as provided in Section 15-24 and
16  other applicable provisions of this Code; and (v) whenever
17  there is vested in the trustees of schools of a township at the
18  time that office is abolished under this subsection the legal
19  title to any school buildings or school sites used or occupied
20  for school purposes by any elementary school, high school or
21  unit school district subject to the jurisdiction and authority
22  of those trustees of school at the time that office is
23  abolished, the legal title to those school buildings and
24  school sites shall be deemed transferred by operation of law
25  to and invested in the school board of that school district, in
26  its corporate capacity under Section 10-22.35B of this Code,

 

 

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1  the same to be held, sold, exchanged leased or otherwise
2  transferred in accordance with applicable provisions of this
3  Code.
4  Notwithstanding Section 2-3.25g of this Code, a waiver of
5  a mandate established under this Section may not be requested.
6  (d) Notwithstanding any other provision of law, any school
7  district that forms a part of a Class II county school unit
8  may, by a resolution adopted by at least two-thirds of the
9  members of the school board of a school district, withdraw a
10  school district from the jurisdiction and authority of the
11  trustees of schools of the township in which such school
12  district is located and from the jurisdiction and authority of
13  the township treasurer of the township in which such school
14  district is located, provided that the school board of the
15  school district shall, upon the adoption and passage of such
16  resolution, thereupon elect or appoint its own school
17  treasurer as provided in Section 8-1 of this Code. The
18  appointed school treasurer may include a township treasurer.
19  The school board may enter into a contractual or
20  intergovernmental agreement with an appointed school treasurer
21  for school treasurer services.
22  Upon adoption and passage of the resolution and the
23  election or appointment by the school board of its own school
24  treasurer commencing with the first day of the succeeding
25  fiscal year, but not prior to July 1, 2025: (1) the trustees of
26  schools in the township or townships shall no longer have or

 

 

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1  exercise any powers or duties with respect to the school
2  district or with respect to the school business, operations,
3  or assets of the school district; (2) all books and records of
4  the trustees of schools and all moneys, securities, loanable
5  funds, and other assets relating to the school business and
6  affairs of the school district shall be transferred and
7  delivered to the school board; and (3) all legal title to and
8  all right, title, and interest formerly held by the trustees
9  of schools in any common school lands, school buildings, or
10  school sites used and occupied by the school board and all
11  rights of property and causes of action pertaining to or
12  constituting a part of the common school lands, buildings, or
13  sites shall be deemed transferred by operation of law to and
14  shall vest in the school board.
15  (Source: P.A. 103-144, eff. 6-30-23.)
16  (105 ILCS 5/5-2) (from Ch. 122, par. 5-2)
17  Sec. 5-2. Governing board.
18  (a) Except as otherwise provided in subsection (b), the
19  school business of all school townships having school trustees
20  shall be transacted by three trustees, to be elected by the
21  qualified voters of the township, as provided in this Article
22  5.
23  (b) This subsection (b) applies only to the trustees of
24  schools of Township 38 North, Range 12 East. The school
25  business of the township shall be transacted by 4 trustees

 

 

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1  elected by the qualified voters of the township, as provided
2  in this Article 5, and 3 trustees appointed by the school
3  districts within the township, as provided in this subsection
4  (b). An elected trustee and an appointed trustee may represent
5  the same school district. Any trustee, whether elected or
6  appointed, may serve as an officer of the trustees of schools.
7  The 3 trustees to be appointed shall each be appointed for
8  a term of one year as follows:
9  (1) The school boards of Argo Community High School
10  District 217, Summit School District 104, Willow Springs
11  School District 108, and Indian Springs School District
12  109 shall collectively appoint one school board member as
13  a trustee through a nomination process and by a majority
14  vote or by consensus among the school boards. A trustee
15  appointed under this paragraph (1) may be reappointed for
16  a second term as provided under this paragraph (1). After
17  the appointed term or reappointed term of the trustee
18  expires, the school boards shall appoint a successor
19  trustee pursuant to this paragraph (1).
20  (2) The school boards of Western Springs School
21  District 101, La Grange School District 102, Lyons School
22  District 103, La Grange School District 105 South,
23  LaGrange Highlands School District 106, and Pleasantdale
24  School District 107 shall collectively appoint one school
25  board member as a trustee through a nomination process and
26  by a majority vote or by consensus among the school

 

 

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1  boards. A trustee appointed under this paragraph (2) may
2  be reappointed for a second term as provided under this
3  paragraph (2). After the appointed term or reappointed
4  term of the trustee expires, the school boards shall
5  appoint a successor trustee pursuant to this paragraph
6  (2).
7  (3) Each year, among the school board presidents of
8  the school districts within the township, one school board
9  president shall be selected through a nomination process
10  and by a majority vote to appoint a trustee. If no
11  president of a school board is nominated, another officer
12  of one of the school boards may be nominated. For the
13  even-numbered year term, a trustee appointed under this
14  paragraph (3) must be from a feeder elementary school
15  district for Argo Community High School District 217, and,
16  for the odd-numbered year term, a trustee appointed under
17  this paragraph (3) must be from a feeder elementary school
18  district for Lyons Township High School District 204.
19  (c) The trustees shall be a body politic and corporate, by
20  the name of "trustees of schools of township No. ...., range
21  No. ....," according to the number, or in case of school
22  townships created from two or more congressional townships,
23  such name shall be "trustees of .... township .... county,
24  Illinois." Such corporation shall have perpetual existence,
25  with power to sue and be sued, and to plead and be impleaded,
26  in all courts and places where judicial proceedings are had.

 

 

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1  (Source: P.A. 102-924, eff. 5-27-22.)
2  (105 ILCS 5/5-2.1) (from Ch. 122, par. 5-2.1)
3  Sec. 5-2.1. Eligible Voters: For the purposes of this
4  Article persons who are qualified to vote in school elections
5  shall be eligible to vote for the trustees of schools who have
6  jurisdiction over the elementary school district or unit
7  school district in which the person resides.
8  If the application of this Section results in an elector
9  voting for trustees of a school township in which he does not
10  reside because the elementary or unit school district crosses
11  township boundaries and has been assigned to the jurisdiction
12  of the trustees of an adjoining township, that elector shall
13  also be eligible to vote for the trustees of the township
14  within which he resides. Moreover, an elector who resides in a
15  high school district that crosses township boundaries and has
16  been assigned to the jurisdiction of the trustees of an
17  adjoining township shall be eligible to vote for both the
18  trustees of the township in which he or she resides and the
19  trustees of the township having jurisdiction over the high
20  school district in which he or she resides.
21  This Section is repealed on the effective date of this
22  amendatory Act of the 103rd General Assembly.
23  (Source: P.A. 94-432, eff. 8-2-05.)
24  (105 ILCS 5/5-2.2)

 

 

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1  Sec. 5-2.2. Designation of trustees; Township 36 North,
2  Range 13 East. After the April 5, 2011 consolidated election,
3  the trustees of schools in Township 36 North, Range 13 East
4  shall no longer be elected pursuant to the provisions of
5  Sections 5-2, 5-2.1, 5-3, 5-4, 5-12, and 5-13 of this Code. Any
6  such trustees elected before such date may complete the term
7  to which that trustee was elected, but shall not be succeeded
8  by election. Instead, the board of education or board of
9  school directors of each of the elementary and high school
10  districts that are subject to the jurisdiction of Township 36
11  North, Range 13 East shall appoint one of the members to serve
12  as trustee of schools. The trustees of schools shall be
13  appointed by each board of education or board of school
14  directors within 60 days after the effective date of this
15  amendatory Act of the 97th General Assembly and shall
16  reorganize within 30 days after all the trustees of schools
17  have been appointed or within 30 days after all the trustees of
18  schools were due to have been appointed, whichever is sooner.
19  Trustees of schools so appointed shall serve at the pleasure
20  of the board of education or board of school directors
21  appointing them, but in no event longer than 2 years unless
22  reappointed.
23  After the April 4, 2023 consolidated election, no trustees
24  of schools shall be elected. Any trustees elected or appointed
25  on or before April 4, 2023 may complete the term to which that
26  trustee was trustees elected or appointed, but may not be

 

 

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1  succeeded by election. Each school board of each school
2  district that is a part of a Class II county school unit shall
3  appoint one member of the school board or one school employee
4  to serve as trustee of schools of the township in which such
5  school district is located. The trustees of schools shall be
6  appointed by each school board within 60 days after the
7  effective date of this amendatory Act of the 103rd General
8  Assembly and shall reorganize within 30 days after all the
9  trustees of schools have been appointed or within 90 days
10  after the effective date of this amendatory Act of the 103rd
11  General Assembly, whichever is sooner. A trustee of schools
12  shall serve at the pleasure of the school board that appointed
13  the trustee of schools but may not serve as a trustee of
14  schools for longer than 2 years unless reappointed by the
15  school board.
16  A majority of members of the trustees of schools shall
17  constitute a quorum for the transaction of business. The
18  trustees shall organize by appointing one of their number
19  president, who shall hold the office for 2 years. If the
20  president is absent from any meeting, or refuses to perform
21  any of the duties of the office, a president pro-tempore may be
22  appointed. Trustees who serve on the board as a result of
23  appointment or election at the time of the reorganization
24  shall continue to serve as a member of the trustees of schools,
25  with no greater or lesser authority than any other trustee,
26  until such time as their elected term expires.

 

 

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1  Each trustee of schools appointed by a board of education
2  or board of school directors shall be entitled to
3  indemnification and protection against claims and suits by the
4  board that appointed that trustee of schools for acts or
5  omissions as a trustee of schools in the same manner and to the
6  same extent as the trustee of schools is entitled to
7  indemnification and protection for acts or omissions as a
8  member of the board of education or board of school directors
9  under Section 10-20.20 of this Code.
10  (Source: P.A. 99-642, eff. 7-28-16.)
11  (105 ILCS 5/5-3) (from Ch. 122, par. 5-3)
12  Sec. 5-3. Eligibility of trustees.  No person shall be
13  eligible to the office of trustee of schools who is not a
14  resident of the township and at least 18 years of age. If there
15  are 3 or more school districts in a township which are subject
16  to the jurisdiction of the trustees of schools of that
17  township, no 2 trustees shall reside, when elected, in the
18  same school district; except that in townships in which at
19  least 90% of the electors reside in one school district which
20  is subject to the jurisdiction of the trustees of schools of
21  that township, this restriction shall not apply. No person
22  shall be eligible to the office of trustee of schools and
23  school director or school board member at the same time.
24  This Section does not apply to trustees appointed under
25  subsection (b) of Section 5-2.

 

 

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1  This Section is repealed on the effective date of this
2  amendatory Act of the 103rd General Assembly.
3  (Source: P.A. 102-924, eff. 5-27-22.)
4  (105 ILCS 5/5-4) (from Ch. 122, par. 5-4)
5  Sec. 5-4. Election of trustees. The election of trustees
6  of schools shall be held in odd-numbered years at the election
7  specified in the general election law. In townships in which
8  no election for school trustees has been held, or in townships
9  in which from any cause there are no trustees of schools and
10  the law requires that there be school trustees, the election
11  of trustees of schools shall be held at the same time.
12  No person shall be nominated for the office of trustee of
13  schools, in townships containing 20,000 inhabitants or over,
14  except by petition signed by at least 5% or 500 of the voters
15  of the school township in which the person is seeking
16  nomination and election who last cast votes in the most recent
17  election, whichever is less, filed with the township
18  treasurer, or, in case of a first election, with the county
19  clerk.
20  A candidate for election as a school trustee, who has
21  petitioned for nomination to fill a full term and to fill a
22  vacant term to be voted upon at the same election, must
23  withdraw his or her petition for nomination from either the
24  full term or the vacant term by written declaration, which
25  shall be signed and acknowledged by an officer authorized to

 

 

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1  take such acknowledgments and which is filed with the township
2  treasurer in the township in which he or she is a candidate
3  within the time provided by the general election law.
4  This Section is repealed on the effective date of this
5  amendatory Act of the 103rd General Assembly.
6  (Source: P.A. 102-924, eff. 5-27-22.)
7  (105 ILCS 5/5-12) (from Ch. 122, par. 5-12)
8  Sec. 5-12. Trustees' names and townships to regional
9  superintendent.  The returns of an election for trustees of
10  schools shall be made to the county clerk. He shall furnish to
11  the regional superintendent of schools, within 7 days after
12  the returns have been made, the names of the trustees so
13  returned to him, and shall specify the townships in which they
14  have been elected.
15  This Section is repealed on the effective date of this
16  amendatory Act of the 103rd General Assembly.
17  (Source: P.A. 81-1490.)
18  (105 ILCS 5/5-13) (from Ch. 122, par. 5-13)
19  Sec. 5-13. Term of office of trustees. In townships
20  already organized, the school trustee shall be elected in each
21  odd numbered year for a term of 6 years to succeed the trustee
22  whose term expires in such odd numbered year.
23  The first-elected trustees in a newly organized township
24  shall at their first meeting cast lots for their respective

 

 

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1  terms of office, for 2, 4 and 6 years; and thereafter 1 trustee
2  shall be elected in each odd-numbered year.
3  This Section is inoperative on the effective date of this
4  amendatory Act of the 103rd General Assembly.
5  (Source: P.A. 81-1490.)
6  (105 ILCS 5/5-16) (from Ch. 122, par. 5-16)
7  Sec. 5-16. Meetings - Quorum. The trustees of school shall
8  hold regular meetings on the first Monday of each calendar
9  quarter or if such Monday falls on a holiday, then on the
10  following Monday. Special meetings may be called at any time
11  by the president or by a majority of the two members. A
12  majority of the Two members shall constitute a quorum for the
13  transaction of business.
14  (Source: P.A. 81-338.)
15  (105 ILCS 5/8-1) (from Ch. 122, par. 8-1)
16  Sec. 8-1. Treasurers.
17  (a) Except as otherwise provided in subsections (b) and
18  (c), in Class II county school units the trustees of schools
19  shall appoint a treasurer who shall be ex-officio clerk of the
20  board. The term of the township treasurer shall be for a 2 year
21  period beginning and ending on the first of July. The
22  treasurer shall be a resident of the township, but not be a
23  trustee, or school board member. He shall attend all meetings
24  and keep a record of the official proceedings of the trustees

 

 

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1  of schools. Such record shall be open to public inspection.
2  All proceedings, when recorded, shall be signed by the
3  president and the clerk. If the clerk is absent, or refuses to
4  perform any of his duties, a clerk pro tempore may be
5  appointed. For sufficient cause the treasurer may be removed
6  from office by the trustees of schools. In case of a vacancy
7  the trustees of schools shall elect a treasurer for the
8  unexpired term.
9  (b) In Class I county school units, and in each school
10  district which forms a part of a Class II county school unit
11  but which has withdrawn from the jurisdiction and authority of
12  the trustees of schools of the township in which such school
13  district is located and from the jurisdiction and authority of
14  the township treasurer in such Class II county school unit as
15  provided in subsection (b) of Section 5-1, each school board
16  shall either elect one of its members to serve as treasurer
17  without salary for a period of one year or appoint someone, not
18  a member of the school board, as its treasurer, and, except as
19  provided in this Section the board shall fix his compensation.
20  An appointed treasurer shall serve at the pleasure of the
21  board. An appointed treasurer shall be at least 21 years of
22  age, of approved integrity, but not a member of the county
23  board of school trustees. The records of the treasurer shall
24  be open to public inspection. Two or more such districts may
25  appoint the same treasurer. In case of a vacancy caused by the
26  death, resignation or the removal from office of the school

 

 

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1  treasurer the school board shall appoint a treasurer. The
2  school board may determine the temporary incapacity of its
3  treasurer occasioned by illness, absence from the district or
4  any other cause which prevents the prompt performance of his
5  duties and appoint an acting treasurer to serve until the
6  board determines such temporary incapacity no longer exists.
7  (c) The school board of each elementary school, high
8  school and unit school district that forms a part of a Class II
9  county school unit and that was under the jurisdiction and
10  authority of the township treasurer and trustees of schools of
11  a township at the time those offices were abolished in that
12  township as provided in subsection (c) of Section 5-1 shall
13  appoint a person to serve as treasurer of the school board. The
14  term of each school treasurer appointed under this subsection
15  shall be for a 2 year period beginning and ending on the first
16  day of July. A person appointed under this subsection to serve
17  as treasurer of a school board shall not be the superintendent
18  of schools of the school district. A person appointed and
19  serving under this subsection as treasurer of a school board
20  may concurrently serve as the treasurer of the regional board
21  of school trustees, if selected to serve in that capacity by
22  the regional board of school trustees, as provided in
23  subsection (c) of Section 5-1. The school board shall fix the
24  compensation of its school treasurer, and for sufficient cause
25  may remove the school treasurer from office. However, if a
26  member of the school board is also school treasurer, he or she

 

 

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1  shall perform his or her duties as school treasurer without
2  compensation. In the case of a vacancy, the school board shall
3  appoint a school treasurer for the unexpired term. The school
4  board may determine the temporary incapacity of its treasurer
5  due to illness, absence from the district, or other cause that
6  prevents the prompt performance of his duties and may appoint
7  an acting treasurer to serve until the school board determines
8  that the temporary incapacity of its treasurer no longer
9  exists.
10  (d) After October 1, 1977, each treasurer in a Class I
11  county school unit appointed under this Section for his first
12  term shall have a financial background or related experience
13  or 12 semester hours of credit of college level accounting.
14  (e) After August 14, 1989, any treasurer appointed under
15  this Section for his first term in Class II county school
16  units, including any person appointed by a school board to
17  serve as its treasurer as provided in subsection (c) of this
18  Section, shall be a certified public accountant or a certified
19  chief school business official as defined in part (3) of
20  Section 21-7.3 of this Act. Experience as a township treasurer
21  in a Class II county school unit prior to July 1, 1989 shall be
22  deemed the equivalent of certification.
23  (f) Concurrently with the election or appointment of its
24  own school treasurer by the school board of a school district
25  which forms a part of a Class II county school unit but which
26  no longer is subject to the jurisdiction and authority of a

 

 

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1  township treasurer or trustees of schools of a township
2  because the district has withdrawn from the jurisdiction and
3  authority of the township treasurer and trustees of schools of
4  the township or because those offices have been abolished as
5  provided in subsection (b) or (c) of Section 5-1, all funds,
6  accounts, moneys, notes, bonds, mortgages and effects then
7  held by such township treasurer on behalf or for the use and
8  benefit of, or then credited by such township treasurer to any
9  fund or account of such school district shall thereupon be
10  transferred and paid over by such township treasurer to the
11  school treasurer elected or appointed by the school board of
12  such school district. In addition the school treasurer of such
13  school district shall have the right, at all reasonable times,
14  to inspect all cash books, loan books, district account books
15  and journals kept by such township treasurer as provided in
16  Section 8-5 and to copy or otherwise reproduce such portions
17  thereof as such school treasurer deems necessary for the
18  performance of his duties.
19  (g) Upon the abolition of the offices of the township
20  treasurer and trustee of schools of a township as provided in
21  subsection (c) of Section 5-1, and subject to the limitation
22  of subsection (b) of Section 8-5 with respect to certain
23  records to be surrendered to the regional board of school
24  trustees, and except as otherwise provided in subsection (c)
25  of Section 5-1 with respect to the common school lands and
26  township loanable funds of that township and with respect to

 

 

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1  the records, books and accounts relating to those common
2  school lands and township loanable funds, all school funds and
3  accounts, moneys, notes, bonds, securities, district account
4  books and other documents, records and effects then held by
5  the former township treasurer on behalf or for the use and
6  benefit of, or then credited by the former township treasurer
7  to any fund or account of any school district that was under
8  the jurisdiction and authority of the township treasurer at
9  the time the office of that township treasurer was abolished
10  shall thereupon be transferred and paid over by the former
11  township treasurer to the appropriate school treasurer
12  appointed by the school board of each such district under
13  subsection (c) of this Section 8-1.
14  (h) If the school district of a school treasurer elected
15  or appointed under this Section is receiving emergency State
16  financial assistance under Article 1B, that school treasurer
17  is subject to the provisions of Article 1B.
18  (Source: P.A. 96-538, eff. 8-14-09.)

 

 

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