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1 AN ACT concerning education.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The School Code is amended by changing Section 
510-10.5 as follows:

6 (105 ILCS 5/10-10.5)
7 Sec. 10-10.5. Community unit school district or combined 
8school district formation; school board election.
9 (a) Except as otherwise provided in subsection (b) of this 
10Section, for community unit school districts formed before 
11January 1, 1975 and for combined school districts formed before 
12July 1, 1983, the following provisions apply:
13  (1) if the territory of the district is greater than 2 
14 congressional townships or 72 square miles, then not more 
15 than 3 board members may be selected from any one 
16 congressional township, except that congressional 
17 townships of less than 100 inhabitants shall not be 
18 considered for the purpose of this mandatory board 
19 representation;
20  (2) if in the community unit school district or 
21 combined school district at least 75% but not more than 90% 
22 of the population is in one congressional township, then 4 
23 board members shall be selected from the congressional 
 
 
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1 township and 3 board members shall be selected from the 
2 rest of the district, except that if in the community unit 
3 school district or combined school district more than 90% 
4 of the population is in one congressional township, then 
5 all board members may be selected from one or more 
6 congressional townships; and
7  (3) if the territory of any community unit school 
8 district or combined school district consists of not more 
9 than 2 congressional townships or 72 square miles, but 
10 consists of more than one congressional township or 36 
11 square miles, outside of the corporate limits of any city, 
12 village, or incorporated town within the school district, 
13 then not more than 5 board members may be selected from any 
14 city, village, or incorporated town in the school district.
15 (b)(1) The provisions of subsection (a) of this Section for 
16mandatory board representation shall no longer apply to a 
17community unit school district formed before January 1, 1975, 
18to a combined school district formed before July 1, 1983, or to 
19community consolidated school districts, and the members of the 
20board of education shall be elected at large from within the 
21school district and without restriction by area of residence 
22within the district if both of the following conditions are met 
23with respect to that district:
24  (A) A proposition for the election of board members at 
25 large and without restriction by area of residence within 
26 the school district rather than in accordance with the 
 
 
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1 provisions of subsection (a) of this Section for mandatory 
2 board representation is submitted to the school district's 
3 voters at a regular school election or at the general 
4 election as provided in this subsection (b).
5  (B) A majority of those voting at the election in each 
6 congressional township comprising the territory of the 
7 school district, including any congressional township of 
8 less than 100 inhabitants, vote in favor of the proposition  
9 or two-thirds of all voters voting on the proposition vote 
10 in favor of the proposition.
11  (2) The school board may, by resolution, order 
12 submitted or, upon the petition of the lesser of 2,500 or 
13 5% of the school district's registered voters, shall order 
14 submitted to the school district's voters, at a regular 
15 school election or at the general election, the proposition 
16 for the election of board members at large and without 
17 restriction by area of residence within the district rather 
18 than in accordance with the provisions of subsection (a) of 
19 this Section for mandatory board representation; and the 
20 proposition shall thereupon be certified by the board's 
21 secretary for submission.
22  (3) If a majority of those voting at the election in 
23 each congressional township comprising the territory of 
24 the school district, including any congressional township 
25 of less than 100 inhabitants, vote in favor of the 
26 proposition or if two-thirds of all voters voting on the 
 
 
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1 proposition vote in favor of the proposition:
2   (A) the proposition to elect board members at large 
3 and without restriction by area of residence within the 
4 district shall be deemed to have passed,
5   (B) new members of the board shall be elected at 
6 large and without restriction by area of residence 
7 within the district at the next regular school 
8 election, and
9   (C) the terms of office of the board members 
10 incumbent at the time the proposition is adopted shall 
11 expire when the new board members that are elected at 
12 large and without restriction by area of residence 
13 within the district have organized in accordance with 
14 Section 10-16.
15  (4) In a community unit school district, a combined 
16 school district, or a community consolidated school 
17 district that formerly elected its members under 
18 subsection (a) of this Section to successive terms not 
19 exceeding 4 years, the members elected at large and without 
20 restriction by area of residence within the district shall 
21 be elected for a term of 4 years, and in a community unit 
22 school district or combined school district that formerly 
23 elected its members under subsection (a) of this Section to 
24 successive terms not exceeding 6 years, the members elected 
25 at large and without restriction by area of residence 
26 within the district shall be elected for a term of 6 years; 
 
 
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1 provided that in each case the terms of the board members 
2 initially elected at large and without restriction by area 
3 of residence within the district as provided in this 
4 subsection (b) shall be staggered and determined in 
5 accordance with the provisions of Sections 10-10 and 10-16 
6 of this Code.


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