Public Act 103-0790
HB0305 EnrolledLRB103 03832 RJT 48838 b HB0305 Enrolled LRB103 03832 RJT 48838 b
HB0305 Enrolled LRB103 03832 RJT 48838 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
5-1, 5-2, 5-2.1, 5-2.2, 5-3, 5-4, 5-12, 5-13, 5-16, and 8-1 as
follows:
(105 ILCS 5/5-1) (from Ch. 122, par. 5-1)
Sec. 5-1. County school units.
(a) The territory in each county, exclusive of any school
district governed by any special act which requires the
district to appoint its own school treasurer, shall constitute
a county school unit. County school units of less than
2,000,000 inhabitants shall be known as Class I county school
units and the office of township trustees, where existing on
July 1, 1962, in such units shall be abolished on that date and
all books and records of such former township trustees shall
be forthwith thereafter transferred to the county board of
school trustees. County school units of 2,000,000 or more
inhabitants shall be known as Class II county school units and
shall retain the office of township trustees unless otherwise
provided in subsection (b), or (c), or (d), or shall be
administered as provided Section 5-2.2.
(b) Notwithstanding subsections (a) and (c), the school
HB0305 Enrolled LRB103 03832 RJT 48838 b
board of any elementary school district having a fall, 1989
aggregate enrollment of at least 2,500 but less than 6,500
pupils and having boundaries that are coterminous with the
boundaries of a high school district, and the school board of
any high school district having a fall, 1989 aggregate
enrollment of at least 2,500 but less than 6,500 pupils and
having boundaries that are coterminous with the boundaries of
an elementary school district, may, whenever the territory of
such school district forms a part of a Class II county school
unit, by proper resolution withdraw such school district from
the jurisdiction and authority of the trustees of schools of
the township in which such school district is located and from
the jurisdiction and authority of the township treasurer in
such Class II county school unit; provided that the school
board of any such school district shall, upon the adoption and
passage of such resolution, thereupon elect or appoint its own
school treasurer as provided in Section 8-1. Upon the adoption
and passage of such resolution and the election or appointment
by the school board of its own school treasurer: (1) the
trustees of schools in such township shall no longer have or
exercise any powers and duties with respect to the school
district governed by such school board or with respect to the
school business, operations or assets of such school district;
and (2) all books and records of the township trustees
relating to the school business and affairs of such school
district shall be transferred and delivered to the school
board of such school district. Upon the effective date of this
amendatory Act of 1993, the legal title to, and all right,
title and interest formerly held by the township trustees in
any school buildings and school sites used and occupied by the
school board of such school district for school purposes, that
legal title, right, title and interest thereafter having been
transferred to and vested in the regional board of school
trustees under P.A. 87-473 until the abolition of that
regional board of school trustees by P.A. 87-969, shall be
deemed transferred by operation of law to and shall vest in the
school board of that school district.
Notwithstanding subsections (a) and (c), the school boards
of Oak Park & River Forest District 200, Oak Park Elementary
School District 97, and River Forest School District 90 may,
by proper resolution, withdraw from the jurisdiction and
authority of the trustees of schools of Proviso and Cicero
Townships and the township treasurer, provided that the school
board shall, upon the adoption and passage of the resolution,
elect or appoint its own school treasurer as provided in
Section 8-1 of this Code. Upon the adoption and passage of the
resolution and the election or appointment by the school board
of its own school treasurer: (1) the trustees of schools in the
township or townships shall no longer have or exercise any
powers or duties with respect to the school district or with
respect to the school business, operations, or assets of the
school district; (2) all books and records of the trustees of
schools and all moneys, securities, loanable funds, and other
assets relating to the school business and affairs of the
school district shall be transferred and delivered to the
school board; and (3) all legal title to and all right, title,
and interest formerly held by the trustees of schools in any
common school lands, school buildings, or school sites used
and occupied by the school board and all rights of property and
causes of action pertaining to or constituting a part of the
common school lands, buildings, or sites shall be deemed
transferred by operation of law to and shall vest in the school
board.
Notwithstanding subsections (a) and (c), the respective
school boards of Berwyn North School District 98, Berwyn South
School District 100, Cicero School District 99, and J.S.
Morton High School District 201 may, by proper resolution,
withdraw from the jurisdiction and authority of the trustees
of schools of Cicero Township and the township treasurer,
provided that the school board shall, upon the adoption and
passage of the resolution, elect or appoint its own school
treasurer as provided in Section 8-1 of this Code. Upon the
adoption and passage of the resolution and the election or
appointment by the school board of its own school treasurer:
(1) the trustees of schools in the township shall no longer
have or exercise any powers or duties with respect to the
school district or with respect to the school business,
operations, or assets of the school district; (2) all books
and records of the trustees of schools and all moneys,
securities, loanable funds, and other assets relating to the
school business and affairs of the school district shall be
transferred and delivered to the school board; and (3) all
legal title to and all right, title, and interest formerly
held by the trustees of schools in any common school lands,
school buildings, or school sites used and occupied by the
school board and all rights of property and causes of action
pertaining to or constituting a part of the common school
lands, buildings, or sites shall be deemed transferred by
operation of law to and shall vest in the school board.
Notwithstanding subsections (a) and (c) of this Section
and upon final judgment, including the exhaustion of all
appeals or a settlement between all parties, regarding claims
set forth in the case of Township Trustees of Schools Township
38 North, Range 12 East v. Lyons Township High School District
No. 204 case N. 13 CH 23386 pending in 2018 in the Circuit
Court of Cook County, Illinois, County Department, Chancery
Division, and all related pending claims, the school board of
Lyons Township High School District 204 may commence, by
proper resolution, to withdraw from the jurisdiction and
authority of the trustees of schools of Lyons Township and the
township treasurer, provided that the school board shall, upon
the adoption and passage of the resolution, elect or appoint
its own school treasurer as provided in Section 8-1 of this
Code. Upon the adoption and passage of the resolution and the
election or appointment by the school board of its own school
treasurer commencing with the first day of the succeeding
fiscal year, but not prior to July 1, 2019: (1) the trustees of
schools in the township shall no longer have or exercise any
powers or duties with respect to the school district or with
respect to the school business, operations, or assets of the
school district; (2) all books and records of the trustees of
schools and all moneys, securities, loanable funds, and other
assets relating to the school business and affairs of the
school district shall be transferred and delivered to the
school board, allowing for a reasonable period of time not to
exceed 90 days to liquidate any pooled investments; and (3)
all legal title to and all right, title, and interest formerly
held by the trustees of schools in any common school lands,
school buildings, or school sites used and occupied by the
school board and all rights of property and causes of action
pertaining to or constituting a part of the common school
lands, buildings, or sites shall be deemed transferred by
operation of law to and shall vest in the school board. The
changes made to this Section by this amendatory Act of the
100th General Assembly are prospective only, starting from the
effective date of this amendatory Act of the 100th General
Assembly, and shall not affect any legal action pending on the
effective date of this amendatory Act of the 100th General
Assembly in the Illinois courts in which Lyons Township High
School District 204 is a listed party.
Notwithstanding subsections (a) and (c), the school boards
of Glenbrook High School District 225, Northbrook Elementary
School District 27, Northbrook School District 28, Sunset
Ridge School District 29, Northbrook/Glenview School District
30, West Northfield School District 31, and Glenview Community
Consolidated School District 34 may, by proper resolution,
withdraw from the jurisdiction and authority of the trustees
of schools of Northfield and Maine Townships and the township
treasurer, provided that the school board shall, upon the
adoption and passage of the resolution, elect or appoint its
own school treasurer as provided in Section 8-1 of this Code.
Upon the adoption and passage of the resolution and the
election or appointment by the school board of its own school
treasurer: (1) the trustees of schools in the township or
townships shall no longer have or exercise any powers or
duties with respect to the school district or with respect to
the school business, operations, or assets of the school
district; (2) all books and records of the trustees of schools
and all moneys, securities, loanable funds, and other assets
relating to the school business and affairs of the school
district shall be transferred and delivered to the school
board; and (3) all legal title to and all right, title, and
interest formerly held by the trustees of schools in any
common school lands, school buildings, or school sites used
and occupied by the school board and all rights of property and
causes of action pertaining to or constituting a part of the
common school lands, buildings, or sites shall be deemed
transferred by operation of law to and shall vest in the school
board.
(c) Notwithstanding the provisions of subsection (a), the
offices of township treasurer and trustee of schools of any
township located in a Class II county school unit shall be
abolished as provided in this subsection if all of the
following conditions are met:
(1) During the same 30 day period, each school board
of each elementary and unit school district that is
subject to the jurisdiction and authority of the township
treasurer and trustees of schools of the township in which
those offices are sought to be abolished gives written
notice by certified mail, return receipt requested to the
township treasurer and trustees of schools of that
township of the date of a meeting of the school board, to
be held not more than 90 nor less than 60 days after the
date when the notice is given, at which meeting the school
board is to consider and vote upon the question of whether
there shall be submitted to the electors of the school
district a proposition to abolish the offices of township
treasurer and trustee of schools of that township. None of
the notices given under this paragraph to the township
treasurer and trustees of schools of a township shall be
deemed sufficient or in compliance with the requirements
of this paragraph unless all of those notices are given
within the same 30 day period.
(2) Each school board of each elementary and unit
school district that is subject to the jurisdiction and
authority of the township treasurer and trustees of
schools of the township in which those offices are sought
to be abolished, by the affirmative vote of at least 5
members of the school board at a school board meeting of
which notice is given as required by paragraph (1) of this
subsection, adopts a resolution requiring the secretary of
the school board to certify to the proper election
authorities for submission to the electors of the school
district at the next consolidated election in accordance
with the general election law a proposition to abolish the
offices of township treasurer and trustee of schools of
that township. None of the resolutions adopted under this
paragraph by any elementary or unit school districts that
are subject to the jurisdiction and authority of the
township treasurer and trustees of schools of the township
in which those offices are sought to be abolished shall be
deemed in compliance with the requirements of this
paragraph or sufficient to authorize submission of the
proposition to abolish those offices to a referendum of
the electors in any such school district unless all of the
school boards of all of the elementary and unit school
districts that are subject to the jurisdiction and
authority of the township treasurer and trustees of
schools of that township adopt such a resolution in
accordance with the provisions of this paragraph.
(3) The school boards of all of the elementary and
unit school districts that are subject to the jurisdiction
and authority of the township treasurer and trustees of
schools of the township in which those offices are sought
to be abolished submit a proposition to abolish the
offices of township treasurer and trustee of schools of
that township to the electors of their respective school
districts at the same consolidated election in accordance
with the general election law, the ballot in each such
district to be in substantially the following form:
----------------------------------------------
OFFICIAL BALLOT
Shall the offices of township
treasurer and YES
trustee of -------------
schools of Township ..... NO
Range ..... be abolished?
---------------------------------------------------------
(4) At the consolidated election at which the
proposition to abolish the offices of township treasurer
and trustee of schools of a township is submitted to the
electors of each elementary and unit school district that
is subject to the jurisdiction and authority of the
township treasurer and trustee of schools of that
township, a majority of the electors voting on the
proposition in each such elementary and unit school
district votes in favor of the proposition as submitted to
them.
If in each elementary and unit school district that is
subject to the jurisdiction and authority of the township
treasurer and trustees of schools of the township in which
those offices are sought to be abolished a majority of the
electors in each such district voting at the consolidated
election on the proposition to abolish the offices of township
treasurer and trustee of schools of that township votes in
favor of the proposition as submitted to them, the proposition
shall be deemed to have passed; but if in any such elementary
or unit school district a majority of the electors voting on
that proposition in that district fails to vote in favor of the
proposition as submitted to them, then notwithstanding the
vote of the electors in any other such elementary or unit
school district on that proposition the proposition shall not
be deemed to have passed in any of those elementary or unit
school districts, and the offices of township treasurer and
trustee of schools of the township in which those offices were
sought to be abolished shall not be abolished, unless in each
of those elementary and unit school districts remaining
subject to the jurisdiction and authority of the township
treasurer and trustees of schools of that township proceedings
are again initiated to abolish those offices and all of the
proceedings and conditions prescribed in paragraphs (1)
through (4) of this subsection are repeated and met in each of
those elementary and unit school districts.
Notwithstanding the foregoing provisions of this Section
or any other provision of the School Code, the offices of
township treasurer and trustee of schools of a township that
has a population of less than 200,000 and that contains a unit
school district and is located in a Class II county school unit
shall also be abolished as provided in this subsection if all
of the conditions set forth in paragraphs (1), (2), and (3) of
this subsection are met and if the following additional
condition is met:
The electors in all of the school districts subject to
the jurisdiction and authority of the township treasurer
and trustees of schools of the township in which those
offices are sought to be abolished shall vote at the
consolidated election on the proposition to abolish the
offices of township treasurer and trustee of schools of
that township. If a majority of the electors in all of the
school districts combined voting on the proposition vote
in favor of the proposition, then the proposition shall be
deemed to have passed; but if a majority of the electors
voting on the proposition in all of the school district
fails to vote in favor of the proposition as submitted to
them, then the proposition shall not be deemed to have
passed and the offices of township treasurer and trustee
of schools of the township in which those offices were
sought to be abolished shall not be abolished, unless and
until the proceedings detailed in paragraphs (1) through
(3) of this subsection and the conditions set forth in
this paragraph are met.
If the proposition to abolish the offices of township
treasurer and trustee of schools of a township is deemed to
have passed at the consolidated election as provided in this
subsection, those offices shall be deemed abolished by
operation of law effective on January 1 of the calendar year
immediately following the calendar year in which that
consolidated election is held, provided that if after the
election, the trustees of schools by resolution elect to
abolish the offices of township treasurer and trustee of
schools effective on July 1 immediately following the
election, then the offices shall be abolished on July 1
immediately following the election. On the date that the
offices of township treasurer and trustee of schools of a
township are deemed abolished by operation of law, the school
board of each elementary and unit school district and the
school board of each high school district that is subject to
the jurisdiction and authority of the township treasurer and
trustees of schools of that township at the time those offices
are abolished: (i) shall appoint its own school treasurer as
provided in Section 8-1; and (ii) unless the term of the
contract of a township treasurer expires on the date that the
office of township treasurer is abolished, shall pay to the
former township treasurer its proportionate share of any
aggregate compensation that, were the office of township
treasurer not abolished at that time, would have been payable
to the former township treasurer after that date over the
remainder of the term of the contract of the former township
treasurer that began prior to but ends after that date. In
addition, on the date that the offices of township treasurer
and trustee of schools of a township are deemed abolished as
provided in this subsection, the school board of each
elementary school, high school and unit school district that
until that date is subject to the jurisdiction and authority
of the township treasurer and trustees of schools of that
township shall be deemed by operation of law to have agreed and
assumed to pay and, when determined, shall pay to the Illinois
Municipal Retirement Fund a proportionate share of the
unfunded liability existing in that Fund at the time these
offices are abolished in that calendar year for all annuities
or other benefits then or thereafter to become payable from
that Fund with respect to all periods of service performed
prior to that date as a participating employee in that Fund by
persons serving during those periods of service as a trustee
of schools, township treasurer or regular employee in the
office of the township treasurer of that township. That
unfunded liability shall be actuarially determined by the
board of trustees of the Illinois Municipal Retirement Fund,
and the board of trustees shall thereupon notify each school
board required to pay a proportionate share of that unfunded
liability of the aggregate amount of the unfunded liability so
determined. The amount so paid to the Illinois Municipal
Retirement Fund by each of those school districts shall be
credited to the account of the township in that Fund. For each
elementary school, high school and unit school district under
the jurisdiction and authority of a township treasurer and
trustees of schools of a township in which those offices are
abolished as provided in this subsection, each such district's
proportionate share of the aggregate compensation payable to
the former township treasurer as provided in this paragraph
and each such district's proportionate share of the aggregate
amount of the unfunded liability payable to the Illinois
Municipal Retirement Fund as provided in this paragraph shall
be computed in accordance with the ratio that the number of
pupils in average daily attendance in each such district for
the school year last ending prior to the date on which the
offices of township treasurer and trustee of schools of that
township are abolished bears to the aggregate number of pupils
in average daily attendance in all of those districts as so
reported for that school year.
Upon abolition of the offices of township treasurer and
trustee of schools of a township as provided in this
subsection: (i) the regional board of school trustees, in its
corporate capacity, shall be deemed the successor in interest
to the former trustees of schools of that township with
respect to the common school lands and township loanable funds
of the township; (ii) all right, title and interest existing
or vested in the former trustees of schools of that township in
the common school lands and township loanable funds of the
township, and all records, moneys, securities and other
assets, rights of property and causes of action pertaining to
or constituting a part of those common school lands or
township loanable funds, shall be transferred to and deemed
vested by operation of law in the regional board of school
trustees, which shall hold legal title to, manage and operate
all common school lands and township loanable funds of the
township, receive the rents, issues and profits therefrom, and
have and exercise with respect thereto the same powers and
duties as are provided by this Code to be exercised by regional
boards of school trustees when acting as township land
commissioners in counties having at least 220,000 but fewer
than 2,000,000 inhabitants; (iii) the regional board of school
trustees shall select to serve as its treasurer with respect
to the common school lands and township loanable funds of the
township a person from time to time also serving as the
appointed school treasurer of any school district that was
subject to the jurisdiction and authority of the township
treasurer and trustees of schools of that township at the time
those offices were abolished, and the person selected to also
serve as treasurer of the regional board of school trustees
shall have his compensation for services in that capacity
fixed by the regional board of school trustees, to be paid from
the township loanable funds, and shall make to the regional
board of school trustees the reports required to be made by
treasurers of township land commissioners, give bond as
required by treasurers of township land commissioners, and
perform the duties and exercise the powers of treasurers of
township land commissioners; (iv) the regional board of school
trustees shall designate in the manner provided by Section
8-7, insofar as applicable, a depositary for its treasurer,
and the proceeds of all rents, issues and profits from the
common school lands and township loanable funds of that
township shall be deposited and held in the account maintained
for those purposes with that depositary and shall be expended
and distributed therefrom as provided in Section 15-24 and
other applicable provisions of this Code; and (v) whenever
there is vested in the trustees of schools of a township at the
time that office is abolished under this subsection the legal
title to any school buildings or school sites used or occupied
for school purposes by any elementary school, high school or
unit school district subject to the jurisdiction and authority
of those trustees of school at the time that office is
abolished, the legal title to those school buildings and
school sites shall be deemed transferred by operation of law
to and invested in the school board of that school district, in
its corporate capacity under Section 10-22.35B of this Code,
the same to be held, sold, exchanged leased or otherwise
transferred in accordance with applicable provisions of this
Code.
Notwithstanding Section 2-3.25g of this Code, a waiver of
a mandate established under this Section may not be requested.
(d) Notwithstanding any other provision of law, any school
district that forms a part of a Class II county school unit
may, by a resolution adopted by at least two-thirds of the
members of the school board of a school district, withdraw a
school district from the jurisdiction and authority of the
trustees of schools of the township in which such school
district is located and from the jurisdiction and authority of
the township treasurer of the township in which such school
district is located, provided that the school board of the
school district shall, upon the adoption and passage of such
resolution, thereupon elect or appoint its own school
treasurer as provided in Section 8-1 of this Code. The
appointed school treasurer may include a township treasurer.
The school board may enter into a contractual or
intergovernmental agreement with an appointed school treasurer
for school treasurer services.
Upon adoption and passage of the resolution and the
election or appointment by the school board of its own school
treasurer commencing with the first day of the succeeding
fiscal year, but not prior to July 1, 2025: (1) the trustees of
schools in the township or townships shall no longer have or
exercise any powers or duties with respect to the school
district or with respect to the school business, operations,
or assets of the school district; (2) all books and records of
the trustees of schools and all moneys, securities, loanable
funds, and other assets relating to the school business and
affairs of the school district shall be transferred and
delivered to the school board; and (3) all legal title to and
all right, title, and interest formerly held by the trustees
of schools in any common school lands, school buildings, or
school sites used and occupied by the school board and all
rights of property and causes of action pertaining to or
constituting a part of the common school lands, buildings, or
sites shall be deemed transferred by operation of law to and
shall vest in the school board.
(Source: P.A. 103-144, eff. 6-30-23.)
(105 ILCS 5/5-2) (from Ch. 122, par. 5-2)
Sec. 5-2. Governing board.
(a) Except as otherwise provided in subsection (b), the
school business of all school townships having school trustees
shall be transacted by three trustees, to be elected by the
qualified voters of the township, as provided in this Article
5.
(b) This subsection (b) applies only to the trustees of
schools of Township 38 North, Range 12 East. The school
business of the township shall be transacted by 4 trustees
elected by the qualified voters of the township, as provided
in this Article 5, and 3 trustees appointed by the school
districts within the township, as provided in this subsection
(b). An elected trustee and an appointed trustee may represent
the same school district. Any trustee, whether elected or
appointed, may serve as an officer of the trustees of schools.
The 3 trustees to be appointed shall each be appointed for
a term of one year as follows:
(1) The school boards of Argo Community High School
District 217, Summit School District 104, Willow Springs
School District 108, and Indian Springs School District
109 shall collectively appoint one school board member as
a trustee through a nomination process and by a majority
vote or by consensus among the school boards. A trustee
appointed under this paragraph (1) may be reappointed for
a second term as provided under this paragraph (1). After
the appointed term or reappointed term of the trustee
expires, the school boards shall appoint a successor
trustee pursuant to this paragraph (1).
(2) The school boards of Western Springs School
District 101, La Grange School District 102, Lyons School
District 103, La Grange School District 105 South,
LaGrange Highlands School District 106, and Pleasantdale
School District 107 shall collectively appoint one school
board member as a trustee through a nomination process and
by a majority vote or by consensus among the school
boards. A trustee appointed under this paragraph (2) may
be reappointed for a second term as provided under this
paragraph (2). After the appointed term or reappointed
term of the trustee expires, the school boards shall
appoint a successor trustee pursuant to this paragraph
(2).
(3) Each year, among the school board presidents of
the school districts within the township, one school board
president shall be selected through a nomination process
and by a majority vote to appoint a trustee. If no
president of a school board is nominated, another officer
of one of the school boards may be nominated. For the
even-numbered year term, a trustee appointed under this
paragraph (3) must be from a feeder elementary school
district for Argo Community High School District 217, and,
for the odd-numbered year term, a trustee appointed under
this paragraph (3) must be from a feeder elementary school
district for Lyons Township High School District 204.
(c) The trustees shall be a body politic and corporate, by
the name of "trustees of schools of township No. ...., range
No. ....," according to the number, or in case of school
townships created from two or more congressional townships,
such name shall be "trustees of .... township .... county,
Illinois." Such corporation shall have perpetual existence,
with power to sue and be sued, and to plead and be impleaded,
in all courts and places where judicial proceedings are had.
(Source: P.A. 102-924, eff. 5-27-22.)
(105 ILCS 5/5-2.1) (from Ch. 122, par. 5-2.1)
Sec. 5-2.1. Eligible Voters: For the purposes of this
Article persons who are qualified to vote in school elections
shall be eligible to vote for the trustees of schools who have
jurisdiction over the elementary school district or unit
school district in which the person resides.
If the application of this Section results in an elector
voting for trustees of a school township in which he does not
reside because the elementary or unit school district crosses
township boundaries and has been assigned to the jurisdiction
of the trustees of an adjoining township, that elector shall
also be eligible to vote for the trustees of the township
within which he resides. Moreover, an elector who resides in a
high school district that crosses township boundaries and has
been assigned to the jurisdiction of the trustees of an
adjoining township shall be eligible to vote for both the
trustees of the township in which he or she resides and the
trustees of the township having jurisdiction over the high
school district in which he or she resides.
This Section is repealed on the effective date of this
amendatory Act of the 103rd General Assembly.
(Source: P.A. 94-432, eff. 8-2-05.)
(105 ILCS 5/5-2.2)
Sec. 5-2.2. Designation of trustees; Township 36 North,
Range 13 East. After the April 5, 2011 consolidated election,
the trustees of schools in Township 36 North, Range 13 East
shall no longer be elected pursuant to the provisions of
Sections 5-2, 5-2.1, 5-3, 5-4, 5-12, and 5-13 of this Code. Any
such trustees elected before such date may complete the term
to which that trustee was elected, but shall not be succeeded
by election. Instead, the board of education or board of
school directors of each of the elementary and high school
districts that are subject to the jurisdiction of Township 36
North, Range 13 East shall appoint one of the members to serve
as trustee of schools. The trustees of schools shall be
appointed by each board of education or board of school
directors within 60 days after the effective date of this
amendatory Act of the 97th General Assembly and shall
reorganize within 30 days after all the trustees of schools
have been appointed or within 30 days after all the trustees of
schools were due to have been appointed, whichever is sooner.
Trustees of schools so appointed shall serve at the pleasure
of the board of education or board of school directors
appointing them, but in no event longer than 2 years unless
reappointed.
After the April 4, 2023 consolidated election, no trustees
of schools shall be elected. Any trustees elected or appointed
on or before April 4, 2023 may complete the term to which that
trustee was trustees elected or appointed, but may not be
succeeded by election. Each school board of each school
district that is a part of a Class II county school unit shall
appoint one member of the school board or one school employee
to serve as trustee of schools of the township in which such
school district is located. The trustees of schools shall be
appointed by each school board within 60 days after the
effective date of this amendatory Act of the 103rd General
Assembly and shall reorganize within 30 days after all the
trustees of schools have been appointed or within 90 days
after the effective date of this amendatory Act of the 103rd
General Assembly, whichever is sooner. A trustee of schools
shall serve at the pleasure of the school board that appointed
the trustee of schools but may not serve as a trustee of
schools for longer than 2 years unless reappointed by the
school board.
A majority of members of the trustees of schools shall
constitute a quorum for the transaction of business. The
trustees shall organize by appointing one of their number
president, who shall hold the office for 2 years. If the
president is absent from any meeting, or refuses to perform
any of the duties of the office, a president pro-tempore may be
appointed. Trustees who serve on the board as a result of
appointment or election at the time of the reorganization
shall continue to serve as a member of the trustees of schools,
with no greater or lesser authority than any other trustee,
until such time as their elected term expires.
Each trustee of schools appointed by a board of education
or board of school directors shall be entitled to
indemnification and protection against claims and suits by the
board that appointed that trustee of schools for acts or
omissions as a trustee of schools in the same manner and to the
same extent as the trustee of schools is entitled to
indemnification and protection for acts or omissions as a
member of the board of education or board of school directors
under Section 10-20.20 of this Code.
(Source: P.A. 99-642, eff. 7-28-16.)
(105 ILCS 5/5-3) (from Ch. 122, par. 5-3)
Sec. 5-3. Eligibility of trustees. No person shall be
eligible to the office of trustee of schools who is not a
resident of the township and at least 18 years of age. If there
are 3 or more school districts in a township which are subject
to the jurisdiction of the trustees of schools of that
township, no 2 trustees shall reside, when elected, in the
same school district; except that in townships in which at
least 90% of the electors reside in one school district which
is subject to the jurisdiction of the trustees of schools of
that township, this restriction shall not apply. No person
shall be eligible to the office of trustee of schools and
school director or school board member at the same time.
This Section does not apply to trustees appointed under
subsection (b) of Section 5-2.
This Section is repealed on the effective date of this
amendatory Act of the 103rd General Assembly.
(Source: P.A. 102-924, eff. 5-27-22.)
(105 ILCS 5/5-4) (from Ch. 122, par. 5-4)
Sec. 5-4. Election of trustees. The election of trustees
of schools shall be held in odd-numbered years at the election
specified in the general election law. In townships in which
no election for school trustees has been held, or in townships
in which from any cause there are no trustees of schools and
the law requires that there be school trustees, the election
of trustees of schools shall be held at the same time.
No person shall be nominated for the office of trustee of
schools, in townships containing 20,000 inhabitants or over,
except by petition signed by at least 5% or 500 of the voters
of the school township in which the person is seeking
nomination and election who last cast votes in the most recent
election, whichever is less, filed with the township
treasurer, or, in case of a first election, with the county
clerk.
A candidate for election as a school trustee, who has
petitioned for nomination to fill a full term and to fill a
vacant term to be voted upon at the same election, must
withdraw his or her petition for nomination from either the
full term or the vacant term by written declaration, which
shall be signed and acknowledged by an officer authorized to
take such acknowledgments and which is filed with the township
treasurer in the township in which he or she is a candidate
within the time provided by the general election law.
This Section is repealed on the effective date of this
amendatory Act of the 103rd General Assembly.
(Source: P.A. 102-924, eff. 5-27-22.)
(105 ILCS 5/5-12) (from Ch. 122, par. 5-12)
Sec. 5-12. Trustees' names and townships to regional
superintendent. The returns of an election for trustees of
schools shall be made to the county clerk. He shall furnish to
the regional superintendent of schools, within 7 days after
the returns have been made, the names of the trustees so
returned to him, and shall specify the townships in which they
have been elected.
This Section is repealed on the effective date of this
amendatory Act of the 103rd General Assembly.
(Source: P.A. 81-1490.)
(105 ILCS 5/5-13) (from Ch. 122, par. 5-13)
Sec. 5-13. Term of office of trustees. In townships
already organized, the school trustee shall be elected in each
odd numbered year for a term of 6 years to succeed the trustee
whose term expires in such odd numbered year.
The first-elected trustees in a newly organized township
shall at their first meeting cast lots for their respective
terms of office, for 2, 4 and 6 years; and thereafter 1 trustee
shall be elected in each odd-numbered year.
This Section is inoperative on the effective date of this
amendatory Act of the 103rd General Assembly.
(Source: P.A. 81-1490.)
(105 ILCS 5/5-16) (from Ch. 122, par. 5-16)
Sec. 5-16. Meetings - Quorum. The trustees of school shall
hold regular meetings on the first Monday of each calendar
quarter or if such Monday falls on a holiday, then on the
following Monday. Special meetings may be called at any time
by the president or by a majority of the two members. A
majority of the Two members shall constitute a quorum for the
transaction of business.
(Source: P.A. 81-338.)
(105 ILCS 5/8-1) (from Ch. 122, par. 8-1)
Sec. 8-1. Treasurers.
(a) Except as otherwise provided in subsections (b) and
(c), in Class II county school units the trustees of schools
shall appoint a treasurer who shall be ex-officio clerk of the
board. The term of the township treasurer shall be for a 2 year
period beginning and ending on the first of July. The
treasurer shall be a resident of the township, but not be a
trustee, or school board member. He shall attend all meetings
and keep a record of the official proceedings of the trustees
of schools. Such record shall be open to public inspection.
All proceedings, when recorded, shall be signed by the
president and the clerk. If the clerk is absent, or refuses to
perform any of his duties, a clerk pro tempore may be
appointed. For sufficient cause the treasurer may be removed
from office by the trustees of schools. In case of a vacancy
the trustees of schools shall elect a treasurer for the
unexpired term.
(b) In Class I county school units, and in each school
district which forms a part of a Class II county school unit
but which has withdrawn from the jurisdiction and authority of
the trustees of schools of the township in which such school
district is located and from the jurisdiction and authority of
the township treasurer in such Class II county school unit as
provided in subsection (b) of Section 5-1, each school board
shall either elect one of its members to serve as treasurer
without salary for a period of one year or appoint someone, not
a member of the school board, as its treasurer, and, except as
provided in this Section the board shall fix his compensation.
An appointed treasurer shall serve at the pleasure of the
board. An appointed treasurer shall be at least 21 years of
age, of approved integrity, but not a member of the county
board of school trustees. The records of the treasurer shall
be open to public inspection. Two or more such districts may
appoint the same treasurer. In case of a vacancy caused by the
death, resignation or the removal from office of the school
treasurer the school board shall appoint a treasurer. The
school board may determine the temporary incapacity of its
treasurer occasioned by illness, absence from the district or
any other cause which prevents the prompt performance of his
duties and appoint an acting treasurer to serve until the
board determines such temporary incapacity no longer exists.
(c) The school board of each elementary school, high
school and unit school district that forms a part of a Class II
county school unit and that was under the jurisdiction and
authority of the township treasurer and trustees of schools of
a township at the time those offices were abolished in that
township as provided in subsection (c) of Section 5-1 shall
appoint a person to serve as treasurer of the school board. The
term of each school treasurer appointed under this subsection
shall be for a 2 year period beginning and ending on the first
day of July. A person appointed under this subsection to serve
as treasurer of a school board shall not be the superintendent
of schools of the school district. A person appointed and
serving under this subsection as treasurer of a school board
may concurrently serve as the treasurer of the regional board
of school trustees, if selected to serve in that capacity by
the regional board of school trustees, as provided in
subsection (c) of Section 5-1. The school board shall fix the
compensation of its school treasurer, and for sufficient cause
may remove the school treasurer from office. However, if a
member of the school board is also school treasurer, he or she
shall perform his or her duties as school treasurer without
compensation. In the case of a vacancy, the school board shall
appoint a school treasurer for the unexpired term. The school
board may determine the temporary incapacity of its treasurer
due to illness, absence from the district, or other cause that
prevents the prompt performance of his duties and may appoint
an acting treasurer to serve until the school board determines
that the temporary incapacity of its treasurer no longer
exists.
(d) After October 1, 1977, each treasurer in a Class I
county school unit appointed under this Section for his first
term shall have a financial background or related experience
or 12 semester hours of credit of college level accounting.
(e) After August 14, 1989, any treasurer appointed under
this Section for his first term in Class II county school
units, including any person appointed by a school board to
serve as its treasurer as provided in subsection (c) of this
Section, shall be a certified public accountant or a certified
chief school business official as defined in part (3) of
Section 21-7.3 of this Act. Experience as a township treasurer
in a Class II county school unit prior to July 1, 1989 shall be
deemed the equivalent of certification.
(f) Concurrently with the election or appointment of its
own school treasurer by the school board of a school district
which forms a part of a Class II county school unit but which
no longer is subject to the jurisdiction and authority of a
township treasurer or trustees of schools of a township
because the district has withdrawn from the jurisdiction and
authority of the township treasurer and trustees of schools of
the township or because those offices have been abolished as
provided in subsection (b) or (c) of Section 5-1, all funds,
accounts, moneys, notes, bonds, mortgages and effects then
held by such township treasurer on behalf or for the use and
benefit of, or then credited by such township treasurer to any
fund or account of such school district shall thereupon be
transferred and paid over by such township treasurer to the
school treasurer elected or appointed by the school board of
such school district. In addition the school treasurer of such
school district shall have the right, at all reasonable times,
to inspect all cash books, loan books, district account books
and journals kept by such township treasurer as provided in
Section 8-5 and to copy or otherwise reproduce such portions
thereof as such school treasurer deems necessary for the
performance of his duties.
(g) Upon the abolition of the offices of the township
treasurer and trustee of schools of a township as provided in
subsection (c) of Section 5-1, and subject to the limitation
of subsection (b) of Section 8-5 with respect to certain
records to be surrendered to the regional board of school
trustees, and except as otherwise provided in subsection (c)
of Section 5-1 with respect to the common school lands and
township loanable funds of that township and with respect to
the records, books and accounts relating to those common
school lands and township loanable funds, all school funds and
accounts, moneys, notes, bonds, securities, district account
books and other documents, records and effects then held by
the former township treasurer on behalf or for the use and
benefit of, or then credited by the former township treasurer
to any fund or account of any school district that was under
the jurisdiction and authority of the township treasurer at
the time the office of that township treasurer was abolished
shall thereupon be transferred and paid over by the former
township treasurer to the appropriate school treasurer
appointed by the school board of each such district under
subsection (c) of this Section 8-1.
(h) If the school district of a school treasurer elected
or appointed under this Section is receiving emergency State
financial assistance under Article 1B, that school treasurer
is subject to the provisions of Article 1B.
(Source: P.A. 96-538, eff. 8-14-09.)