Illinois Compiled Statutes
105 ILCS 5/10-10 (2026)
Board of education; term; vacancy
✓ current as of May 2026
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(105 ILCS 5/10-10)
(from Ch. 122, par. 10-10)
Sec. 10-10. Board of education; term; vacancy. All school districts
having a population of not fewer than 1,000 and not more than 500,000
inhabitants, as ascertained by any special or general census, and not
governed by special Acts, shall be governed by a board of education
consisting of 7 members, serving without compensation except as herein
provided. Each member shall be elected for a term of 4 years for the initial members
of the board of education of a combined school district to which that
subsection applies. If 5 members are elected in 1983 pursuant to the extension
of terms provided by
law for transition to the consolidated election schedule under the general
election law, 2 of those members shall be elected to serve terms of 2 years
and 3 shall be elected to serve terms of 4 years; their successors shall
serve for a 4 year term. When the voters of a district have voted to elect
members of the board of education for 6 year terms, as provided in Section
9-5, the terms of office of members of the board of education of that
district expire when their successors assume office but not later than 7
days after such election. If at the regular school election held in the
first odd-numbered year after the determination to elect members for 6 year
terms 2 members are elected, they shall serve for a 6 year term; and of the
members elected at the next regular school election 3 shall serve for a
term of 6 years and 2 shall serve a term of 2 years. Thereafter members
elected in such districts shall be elected to a 6 year term. If at the
regular school election held in the first odd-numbered year after the
determination to elect members for 6 year terms 3 members are elected, they
shall serve for a 6 year term; and of the members elected at the next
regular school election 2 shall serve for a term of 2 years and 2 shall
serve for a term of 6 years. Thereafter members elected in such districts
shall be elected to a 6 year term. If at the regular school election held
in the first odd-numbered year after the determination to elect members for
6 year terms 4 members are elected, 3 shall serve for a term of 6 years and
one shall serve for a term of 2 years; and of the members elected at the
next regular school election 2 shall serve for terms of 6 years and 2 shall
serve for terms of 2 years. Thereafter members elected in such districts
shall be elected to a 6 year term. If at the regular school election held
in the first odd-numbered year after the determination to elect members for
a 6 year term 5 members are elected, 3 shall serve for a term of 6 years
and 2 shall serve for a term of 2 years; and of the members elected at the
next regular school election 2 shall serve for terms of 6 years and 2 shall
serve for terms of 2 years. Thereafter members elected in such districts
shall be elected to a 6 year term. An election for board members shall not
be held in school districts which by consolidation, annexation or otherwise
shall cease to exist as a school district within 6 months after the
election date, and the term of all board members which would otherwise
terminate shall be continued until such district shall cease to exist. Each
member, on the date of his or her election, shall be a
citizen of the United
States of the age of 18 years or over, shall be a resident of the State and
the
territory of the district for at least one year immediately preceding his or
her
election, shall be a registered voter as provided in the general election
law,
shall not be a school trustee, must not have been removed from a school board pursuant to Section 2-3.25f-5 of this Code (unless subsequently appointed as a member of an Independent Authority or if it has been 10 years since the abolition of the Independent Authority in the district), and shall not be a child
sex offender as defined in Section 11-9.3 of the
Criminal Code of 2012. When the board of
education is the successor of the school directors, all rights of property,
and all rights regarding causes of action existing or vested in such
directors, shall vest in it as fully as they were vested in the school
directors. Terms of members are subject to Section 2A-54 of the Election Code.
Nomination papers filed under this Section are not valid unless the candidate
named therein files with the county clerk or the county board of election commissioners, as the case may be, of the county in which the principal office of the school district is located 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.
Whenever a vacancy occurs, the remaining members shall notify the
regional superintendent of that vacancy within 5 days after its occurrence
and shall proceed to fill the vacancy until the next regular school
election, at which election a successor shall be elected to serve the
remainder of the unexpired term. However, if the vacancy occurs with less
than 868 days remaining in the term, or if the vacancy occurs
less than 88
days before the next regularly scheduled election for this office then the
person so appointed shall serve the remainder of the unexpired term, and no
election to fill the vacancy shall be held. Should they fail so to
act, within 60 days after the vacancy occurs, the regional superintendent
of schools under whose supervision and control the district is operating,
as defined in Section 3-14.2 of this Act, shall within 30 days after the
remaining members have failed to fill the vacancy, fill the vacancy as
provided for herein. Upon the regional superintendent's failure to fill the
vacancy, the vacancy shall be filled at the next regularly scheduled
election. Whether elected or appointed by the remaining members or regional
superintendent, the successor shall be an inhabitant of the particular area
from which his or her predecessor was elected if the residential requirements
contained in Section 10-10.5 or 12-2 of this Code apply.
A board of education may appoint a student to the board to serve in an advisory capacity. The student member shall serve for a term as determined by the board. The board may not grant the student member any voting privileges, but shall consider the student member as an advisor. The student member may not participate in or attend any executive session of the board.
(Source: P.A. 101-67, eff. 1-1-20.)
Notes of Decisions
Cited in 7
cases, 1997–2020 · leading case: East St. Louis Fed'n of Teachers, Local 1220 v. East St. Louis Sch. Dist. No. 189 Fin. Oversight Panel, 687 N.E.2d 1050 (Ill. 1997).
East St. Louis Fed'n of Teachers, Local 1220 v. East St. Louis Sch. Dist. No. 189 Fin. Oversight Panel, 687 N.E.2d 1050 (Ill. 1997). “105 ILCS 5/10-10 (West 1994). The school board next contends that the Panel itself did not have the authority to remove the school board.”
Alvarez v. Williams, 2014 IL App (1st) 133443 (Ill. App. Ct. 2015). “105 ILCS 5/10-10 (West 2012). In addition, various provisions in the Election Code and School Code prohibit convicted felons from holding an elective office.”
Casey K. Ex Rel. Norman K. v. St. Anne Cmty. High Sch. Dist. No. 302, 400 F.3d 508 (7th Cir. 2005). “For although the elementary school and the high school are only three blocks apart, they are each their own, separate school districts (the elementary school is the St.”
Casey K. v. St. Anne Cmty. High Sch. Dist. No. 302, 400 F.3d 508 (7th Cir. 2005). “105 ILCS 5/10-10; see Mueller ex rel. Math v.”
Manley v. Law, 2020 IL App (2d) 190345-U (Ill. App. Ct. 2020). “” 105 ILCS 5/10-10 (West 2018). Plaintiffs assert that this “definition” of board means that Claudia, acting by herself, could not be subject to policy 2:260, essentially arguing that individual board members are not subject to board policies.”
Brown v. Johnson (Ill. App. Ct. 2005). “105 ILCS 5/10-10 (West 2004). Vacancies on a school board occur upon the happening of any of the following events: “1.”
The Bd. of Educ. of Bremen High Sch. Dist. No. 228 v. Mitchell (Ill. App. Ct. 2008). “105 ILCS 5/1-3 (West 2006); 105 ILCS 5/10-10 (West 2006) (“All school districts *** shall be governed by a board of education”).”
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