Article 32 - Special Charter Districts
(105 ILCS 5/32‑1) (from Ch. 122, par. 32‑1) Sec. 32‑1. May vote to organize under general law. (a) Any special charter district may, by vote of its electors, cease to control its school under the Act under which it was organized, and become part of the school township or townships in which it is situated. Upon petition of 50 voters of the district, presented to the board having the control and management of the schools, the board shall order submitted to the voters at an election to be held in the district, in accordance with the general election law, the question of "organizing under the general school law". The secretary of the board shall make certification to the proper election authority in accordance with the general election law. If, however, a majority of the votes cast at any such election in any school district subject to Sections 32‑3 through 32‑4.11 is against organizing the district under the general school law, the question may not again be submitted in the district for 22 months thereafter, and then only upon petition signed by at least 2% of the voters of the school district. Notice shall be given in accordance with the general election law, which notice shall be in the following form: NOTICE OF REFERENDUM Notice is hereby given that on (insert date), a referendum will be held at.... for the purpose of deciding the question of organizing under the general school law. The polls will be opened at .... o'clock ..m and closed at .... o'clock ..m. Signed ..... If a majority of the votes cast on the proposition is in favor of organizing under the general school law, then the board having the control and management of schools in the district, shall declare the proposition carried. When such a proposition is declared to have so carried, the board of education shall continue to exercise its powers and duties under the general school law. Each member of the board of education selected under the provisions of the special charter shall continue in office until his term has expired. Before the term of each of these members expires, the board shall give notice of an election to be held on the date of the next regular school election, in accordance with the general election law to fill the vacancy which is created. Nomination papers filed under this Section are not valid unless the candidate named therein files with the secretary of the board of education a receipt from the county clerk showing that the candidate has filed a statement of economic interests as required by the Illinois Governmental Ethics Act. Such receipt shall be so filed either previously during the calendar year in which his nomination papers were filed or within the period for the filing of nomination papers in accordance with the general election law. (b) Notwithstanding the foregoing, any special charter district whose board is appointed by the mayor or other corporate authority of that municipality may, by resolution adopted by the corporate authorities of that municipality cease to control its school under the Act under which it was organized, become a part of the school township or townships in which it is situated and become organized under the general school law. If such a resolution is adopted, the board of education shall continue to exercise its powers and duties under the general school law. Each member of the board of education selected under the provisions of the special charter shall continue in office until his term has expired. Before the term of each of these members expires, the board shall give notice of an election to be held on the date of the next regular school election, in accordance with the general election law to fill the vacancy which is created. (Source: P.A. 91‑357, eff. 7‑29‑99.) |
(105 ILCS 5/32‑1.1) (from Ch. 122, par. 32‑1.1) Sec. 32‑1.1. Election and powers of board ‑ No provision in special act. In all special charter districts maintaining schools under any general school laws, where there is no provision in the special Acts creating such districts for the election of boards of education as otherwise provided, there shall be elected, in lieu of the school directors as now provided, a board of education, to consist of 7 members to be elected at the time and in the manner as provided by the general election law for the election and qualification of boards of education in other cases. In any district having a population of more than 100,000 but less than 2,000,000 such board may be increased in size to 11 members upon adoption by a majority of electors residing in the district and voting on the question in a referendum as provided in this Section. Such question shall be submitted to the electors at an election upon a resolution adopted by the Board. Members shall be elected biennially in the school district, whose term of office shall be 4 years, and there shall also be elected in each odd‑numbered year a president of the board. Following the first such election, those members elected, other than the president, shall, by lot, determine 3 to serve 2 years and 3 to serve 4 years; thereafter, all terms shall be 4 years. In other cases, however, if 4 members, other than the president, are elected in 1983, then those elected shall, by lot, determine one to serve for 2 years and 3 to serve 4 years; thereafter all terms shall be 4 years. In neither case shall such determinations affect the biennial selection of the president. At the first regular school election after the adoption by the district electors of a question as provided in this Section increasing the size of the board in those districts entitled to exercise an option for and elect an 11 member board, 4 additional members shall be elected and shall determine by lot 2 to serve for 2 years and 2 for 4 years. Their successors shall serve for a 4 year term. In case of an 11 member board already in existence, if 7 members, other than the president, are elected in 1983 then those members elected shall, by lot determine one to serve 2 years and 6 to serve 4 years. Terms thereafter shall be 4 years. The board of education shall have all the powers and duties of trustees of schools in school townships and the powers and duties of boards of education in districts having a population of not fewer than 1,000 and not more than 500,000 as provided by this Act. The day upon which the election provided for in this section is to be held is subject to the provisions of the general election law. (Source: P.A. 86‑225.) |
(105 ILCS 5/32‑1.2) (from Ch. 122, par. 32‑1.2) Sec. 32‑1.2. Powers of election boards. A school board of any special charter district that is elected by the voters shall have the powers and duties of school trustees. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/32‑1.3) (from Ch. 122, par. 32‑1.3) Sec. 32‑1.3. Determination to elect‑Election‑Powers. Any special charter district having a population of not less than 1,000 and not over 20,000, may, by vote of its electors, determine to elect, instead of the directors or other governing or managing board now provided for by the special Act under which it was organized, a board of education which shall be elected at the time and in the manner and have the powers conferred upon boards of education of districts under this Act. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/32‑1.4) (from Ch. 122, par. 32‑1.4) Sec. 32‑1.4. Petition ‑ referendum ‑ election of board. Upon petition of 50 voters of any district as defined in Section 32‑1.3 presented to the board having the control and management of schools, the board shall, at the next regularly scheduled election held in such district cause to be submitted to the voters thereof, in accordance with the general election law, the proposition of "electing a board of education having the powers conferred upon such boards in districts organized under The School Code". The board shall publish notice of such election, in the manner provided by the general election law, which notice may be in the following form: Public notice is hereby given that on (insert date), a referendum will be held at ...., between the hours of ... ..m. and ... ..m. of said day for the purpose of deciding the question of "electing a board of education having the powers conferred upon such boards in districts organized under the School Code". If a majority of the votes cast is in favor of the proposition, then at the time of the next regular election for boards of education, there shall be elected a board of education for the district. (Source: P.A. 91‑357, eff. 7‑29‑99.) |
(105 ILCS 5/32‑1.5) (from Ch. 122, par. 32‑1.5) Sec. 32‑1.5. Election of board of education. Any special charter district may, by vote of its electors, determine to elect, instead of the managing board provided for by its special charter, a board of education which shall be elected at the time and in the manner as boards of education under Article 10 of this Act; but such determination shall not affect any other powers or duties conferred or imposed by the special charter. Upon petition of 10% or 200 of the voters, whichever is less, of any such district requesting a referendum therefor, presented to the managing board thereof, the board shall, or upon its own initiative if no such petition has been presented the board may order submitted to the voters at the next regular election, in accordance with the general election law, a proposition to elect a board of education of 3 or 5 or 7 members, as the case may be. The proposition shall be substantially as follows: Shall school district.... be governed by a board of education of.... members YES to be elected at the time and in the manner as boards of education under Article 10 NO of the School Code? If more than one proposition is properly presented to the board, the one first presented shall be submitted to the electors. If such proposition receives a majority of all valid votes cast thereon, the change in membership shall be effectuated at the next succeeding regular school election. In the conduct of such election, the managing board shall take such measures as may be necessary to arrange for the election of a board of 3, 5, or 7 members, as the case may be. The new board shall be organized as provided in Article 10 of this Act, except that, if only 5 members are to be elected, 2 (instead of 3) shall be selected by lot for a 2 year term, and if only 3 members are to be elected, then one shall be selected by lot for a 2 year term. In case of a 5 member board already established, if 4 are elected in 1983, then those elected shall by lot determine 2 to serve 2 years and 2 to serve 4 years. All successors, except to fill vacancies, shall be elected for terms of 4 years. In the case of a 5 member board already established, on which the members serve 5 year terms, the member elected in 1981 shall serve a 6 year term. The 2 members elected in 1983 shall serve 6 year terms. The 2 members elected in 1985 shall also serve 6 year terms. All successors, except to fill vacancies, shall be elected for terms of 6 years. As soon as the first new board is organized, the terms of all members of the predecessor board shall terminate. In any such school district which determines to elect a new board of education as hereinabove authorized, the number of members on the board may thereafter be changed by following the procedure hereinabove set forth. At least 22 months must elapse after the date of an election under this section before any of the above propositions may be again submitted to the electors. (Source: P.A. 81‑1490.) |
(105 ILCS 5/32‑1.6) (from Ch. 122, par. 32‑1.6) Sec. 32‑1.6. School board districts. Section 9‑22 applies to all special charter districts as well as those organized under the general school law. (Source: P. A. 78‑536.) |
(105 ILCS 5/32‑2.1) (from Ch. 122, par. 32‑2.1) Sec. 32‑2.1. Boards to which preceding section applicable. The provisions of Section 32‑‑2 shall apply to the board of school inspectors of the City of Peoria and to all other boards of directors, boards of education, and boards of school inspectors existing under any special school charter heretofore granted by the State. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/32‑2.5) (from Ch. 122, par. 32‑2.5) Sec. 32‑2.5. Election of board of education in lieu of appointive board. In all special charter districts having a population of over 35,000 by the last federal census, where the board of directors or board of education is elected or appointed by the city council of the city, of which school district such city may form the whole or a part, and where there are no provisions in the special charter creating such school district for the election of a board of directors or board of education, there shall be elected in lieu of the present governing body a board of education to consist of 7 members. Nomination of a candidate for member of the board of education shall be made by petitions signed in the aggregate by not less than 200 qualified voters residing in the school district, and also by filing with the petitions a statement of candidacy as provided in the general election law, which petitions and statements of candidacy shall be filed in the office of the board of education in accordance with the general election law. Nomination papers filed under this Section are not valid unless the candidate named therein files with the secretary of the board of education a receipt from the county clerk showing that the candidate has filed a statement of economic interests as required by the Illinois Governmental Ethics Act. Such receipt shall be so filed either previously during the calendar year in which his nomination papers were filed or within the period for the filing of nomination papers in accordance with the general election law. The secretary of the board shall make certification to the proper election authority in accordance with the general election law. (Source: P.A. 81‑1490.) |
(105 ILCS 5/32‑2.6) (from Ch. 122, par. 32‑2.6) Sec. 32‑2.6. Election ‑ vacancies ‑ names on ballots. All elections in school districts described in Section 32‑2.5 shall be conducted in accordance with the provisions of the general election law. If any member of the board of education is disqualified to hold office, the board of education may, by resolution, declare the office vacant, and provide for an appointment to fill the vacancy until the next election for members of the board of education. The nomination and election of a candidate thereupon to fill the vacancy shall be made in the same manner as the nomination of a candidate for a regular term, as hereinbefore provided, except that there shall be printed on the ballot that the election is for a certain number of persons for a certain number of years to fill a vacancy. The names of all candidates for member of such board of education shall be printed on the ballot in alphabetical order according to their surnames. (Source: P.A. 80‑1469.) |
(105 ILCS 5/32‑2.10) (from Ch. 122, par. 32‑2.10) Sec. 32‑2.10. Application of law. In all special charter districts of this State having a population of not more than 50,000 lying wholly or in part within any city, village, or incorporated town, the school directors or members of the board of education, as provided in the special charter, shall be elected at elections held as provided by the general election law, and all propositions pertaining to said school districts required to be submitted to the voters thereof shall be voted upon at elections held as provided in the general election law. (Source: P.A. 81‑1490.) |
(105 ILCS 5/32‑2.11) (from Ch. 122, par. 32‑2.11) Sec. 32‑2.11. Election of board members. In every city whose schools have been operating under special Acts and are governed by a board of school inspectors where such city, together with territory added thereto for school purposes, includes 2 districts for the purpose of electing 6 inspectors (3 in each district) and 1 district for all other school purposes, there shall continue to be elected a board of school inspectors, consisting of 6 members (3 in each district) and 1 inspector at large who shall be chosen for a term of 4 years. If 4 inspectors, excluding the inspector at large, are elected in 1983, those selected shall by lot determine one inspector to serve for 2 years and 3 for 4 years. Thereafter all terms shall be for 4 years. (Source: P.A. 81‑1490.) |
(105 ILCS 5/32‑2.12) (from Ch. 122, par. 32‑2.12) Sec. 32‑2.12. Time for election of board members. In all special charter districts, the regular election of members of such boards shall hereafter be held on the date set for school elections as provided in the general election law in odd numbered years. (Source: P.A. 81‑1490.) |
(105 ILCS 5/32‑2.13) (from Ch. 122, par. 32‑2.13) Sec. 32‑2.13. No annexation accomplished pursuant to Section 7‑2.1 shall affect the method of selection of the board of the special charter district as otherwise provided by law excepting in those instances where the special charter has an appointive school board appointed solely within the boundaries of a municipality within such special charter school district; in those instances where there are voters living within the school district, but outside the municipality, the county superintendent of schools having supervision over the greatest portion of the territory of the special charter district shall appoint one additional member to the board of education of the special charter district effective with the date and for the term for which other appointments to the special charter board are effective; provided, further, that during any period the number of voters living within such school district but outside the municipality exceeds a quotient determined by dividing the total number of voters living in the municipality by the number of school board members appointed within said municipality, the county superintendent shall appoint one additional school board member for each time such quotient is equaled. (Source: P.A. 82‑783.) |
(105 ILCS 5/32‑3) (from Ch. 122, par. 32‑3) Sec. 32‑3. Law governing appointment. Where, by the provisions of any general or special law, the members of the city council of any city have been made ex‑officio school directors or members of the board of education for the school district of which the city constitutes the whole or a part, the school directors or members of the board of education shall be appointed as provided in Section 32‑‑3.1. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/32‑3.1) (from Ch. 122, par. 32‑3.1) Sec. 32‑3.1. Nomination by mayor‑President of board. The mayor of any city described in Section 32‑‑3, at the first regular meeting of the city council, after each annual municipal election and after his installation into office, shall nominate and place before the council for confirmation as school directors or members of the board of education, as the case may be, 1 person from each ward of the city to serve for 2 years and 1 person from the city at large to serve for 1 year. If the persons so appointed are confirmed by a majority vote of the city council, to be entered of record, such persons shall constitute the board of education or school directors for the district. The person appointed from the city at large for 1 year shall be president of the board of education or school directors but shall have no vote except in case of a tie. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/32‑3.2) (from Ch. 122, par. 32‑3.2) Sec. 32‑3.2. City of 45,000‑Number of members‑Nomination‑Vacancy. In any city, however, having a population of 45,000 or more, constituting a school district to which Sections 32‑‑3 to 32‑‑4.11, inclusive, are applicable, the board of education shall consist of 11 persons who shall be nominated by the mayor from the city at large and confirmed by a majority vote of the city council, 1 of which persons shall be designated by the mayor as the president of the board of education. The president shall have no vote except in case of a tie. 5 Members of the board of education and such person as may be designated as the president thereof shall be nominated by the mayor and placed before the city council for confirmation at the first regular meeting of the city council after the mayor's installation into office, and upon confirmation by the council shall hold their offices for 2 years and until their successor shall be chosen as herein provided. The remaining 5 members of the board of education shall be nominated by the mayor and placed before the city council for confirmation at the first regular meeting of the city council next after 1 year from the date of the mayor's installation into office, and upon confirmation by the council shall hold their offices for 2 years and until their successors shall be chosen as herein provided. If a vacancy occurs in the board of education, the mayor shall nominate and place before the city council for confirmation at a regular meeting thereof some person to fill the vacancy, and upon confirmation by the city council, the person so nominated shall hold the office during the remainder of the term for which his predecessor was appointed. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/32‑3.3) (from Ch. 122, par. 32‑3.3) Sec. 32‑3.3. Organization and powers of board. The board members appointed under Section 32‑‑3.1 to 32‑‑3.2 shall, as soon as practicable after their appointment, organize by electing 1 of their number secretary, who shall hold his office for 1 year. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/32‑4) (from Ch. 122, par. 32‑4) Sec. 32‑4. Powers of board. The board of inspectors referred to in Section 32‑2.11 may, in addition to the powers conferred upon it by special law and the applicable provisions of this Act, employ teachers, janitors and such other employees as it deems necessary and fix the amount of their compensation; buy or lease sites for schoolhouses, with the necessary grounds; build, erect, lease or purchase buildings suitable for school purposes; repair and improve buildings and furnish them with the necessary supplies, fixtures, apparatus, libraries and fuel; and may lease school property, when not needed for school purposes, for a term of not longer than 99 years from the date of the granting of the lease. All such leases shall provide for revaluation privileges at least once in every 20 years. In case the school board and the lessee cannot agree on revaluation and a new rent, the same shall be determined in the following manner: 3 arbitrators shall be appointed, 1 by the school board, 1 by the lessee, and 1 by the arbitrators appointed by the school board and the lessee. The 3 arbitrators, or a majority of them, shall fix and determine the revaluation and the new rent and their decision or a decision of a majority of them shall be final. When, in the opinion of the school board, a school site, building, or site with building thereon, or any other real estate of the district, has become unnecessary or unsuitable or inconvenient for a school, or unnecessary for the uses of the district and the school board decides to sell the same, unless the property is to be sold to a tenant that has leased the property for 10 or more years and that tenant is a non‑profit agency, the school board shall give notice of the sale stating the time and place the sale is to be held, the terms of the sale and a description of the property to be sold. The notice shall be published in a newspaper of general circulation published in the district, or if none, in the county in which the district is situated, such notice to be published once each week for 3 successive weeks, and the first publication to be at least 30 days prior to the day the sale is to be held. Unless the school board holds legal title to the property, the school board shall notify the trustees of schools of the terms upon which the school board desires the property to be conveyed. The school board or trustees of schools holding legal title to the property shall convey the property in accordance with the terms fixed by the school board. The deed of conveyance shall be executed by the president and secretary or clerk of the school board or trustees of the school holding legal title to the property and the proceeds if any shall be paid to the school treasurer for the benefit of the district. In the case of a sale of property to a tenant that has leased the property for 10 or more years and that is a non‑profit agency, an appraisal is required prior to the sale. If the non‑profit agency purchases the property for less than the appraised value and subsequently sells the property, the agency may retain only a percentage of the profits that is proportional to the percentage of the appraisal, plus any improvements made by the agency while the agency was the owner, that the agency paid in the initial sale. The remaining portion of the profits made by the non‑profit agency shall revert to the school district. (Source: P.A. 92‑365, eff. 8‑15‑01.) |
(105 ILCS 5/32‑4.1) (from Ch. 122, par. 32‑4.1) Sec. 32‑4.1. Annual tax levy ‑ Township treasurer custodian. The board of school inspectors of districts described in Section 32‑2.11 may levy a tax, annually, upon all of the taxable property of the district, in the manner provided by Sections 17‑2 through 17‑9, and in accordance with the powers conferred by Section 32‑4. All moneys raised by taxation for school purposes, or received from the common school fund or any other source, or held or collected for school purposes, shall be paid to and held by the school treasurer as a special fund for school purposes, subject to the order of the board of school inspectors upon warrants signed by the president and secretary thereof or a majority of the board. (Source: Laws 1961, p. 31.) |
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