THE SCHOOL LAW OF ILLINOIS Circular No. 156 ISSUED BY FRANCIS G. BLAIR Superintendent of Public Instruction SPECIAL ACTS [Printed by authority of the State of Hlinois.] Se ee ee ee ee | ns < ‘ = ah Prat! a meet aya i et Sk el i i lt it A A A SPRINGFIELD, . ¥ 1921 A) . Shy mn i is) her Cx a | re SPECIAL ACTS. BOARD OF EDUCATION APPOINTED. AN Act to provide for the appointment of school directors and mem- bers of the board of education m certain cases. SECTION 1. Be it enacted by the People of the State of Illinots, represented in the General Assembly: That in all cases where, by the provisions of any general or special law, the members of any common council of any city have been made ex officio school directors, or mem- bers of the board of education in and for the school district of which the said city shall constitute the whole or a part, the said school direc- tors or members of the board of education shall hereafter be appointed as hereinafter provided. 1. The application of this Act relates only to the school districts that include the cities of Alton, Carlinville, Galena, LaHarpe, Lake Forest, Macomb, Rockford and Waukegan. § 2. It shall be the duty of the mayor of such city, at the first regular meeting of the city council, after each annual municipal elec- tion, and after his installation into office, to nominate and place before the council for confirmation as school directors, or members of the board of education, as the case may be, one person from each ward of said city to serve for two years, and one person from the city at large to serve for one year, and if the persons so appointed shall be con- firmed by a majority vote of the city council, to be entered of record, the person so appointed, together with such persons theretofore .ap- pointed under the provisions of the Act to which this is an amendment, whose terms of service shall not expire within one year, shall consti- tute the board of education or school directors for such district: Provided, that the person appointed from the city at large for one year shall be president of said board of education or school directors, but shall have no vote in such board excepting in case of a tie: Provided, further, that in any city having a population of 45,000 or more, con- stituting a school district to which this Act is applicable, the board of education shall consist of eleven (11) persons who shall be nominated by the mayor from the city at large and confirmed by a majority vote of the city council, one of which persons shall be designated by the mayor as the president of said board of education, and such person shall have no vote except in case of a tie; five members of said 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 installation of the mayor into office, and upon confirmation by said council shall hold their offices for two years and until their 7809350 4 successors shall be chosen as herein provided; the remaining five mem- | ~~ bers of said 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 one year from the date of the mayor’s installation into office, and upon confirmation by said council shall hold their offices for two years and until their successors shall be chosen as herein provided: Provided, that in case a vacancy occurs in said board of education at any time by the death or resignation of any member thereon, or otherwise, the mayor shall nominate and place — before the city council for confirmation at a regular meeting thereof some proper person to fill such 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 or her predecessor was appointed: Provided, further, that the persons now constituting the board of edu- cation of cities having a population of 45,000 or more to which this Act applies shall hold their offices until their successors shall be chosen as herein provided. [As amended by an Act approved and in force April 26, 1917. ] § 3. The said persons shall, as soon as practicable after their ap- pointment, organize by electing one of their number secretary, who shall hold his office for one year. All rights, powers and duties here- tofore exercised by and devolved upon the members of the city coun- cil, as ex officio members of the board of education, or school directors, shall devolve upon and be exercised by the members of the board of education and school directors appointed under the provisions of this Act. [As amended by Act approved and in force May 28, 1889.] § 4. In all school districts to which this Act shall apply the boards of education or school directors shall annually, before the first day of August, certify to the city council, under the hands and seals of the president and secretary of the board, the amount of money required to be raised by taxation for school purposes in said district for the ensuing year, and the said city council shall thereupon cause the said amount to be levied and collected in the same manner now provided by law for the levy and collection of taxes for school purposes in such district, but the amount to be so levied and collected shall not exceed the amount now allowed to be collected for school purposes by the general school laws of this State; and when such taxes have been col- lected and paid over to the treasurer of such city or school district, as may be provided by the terms of the Act under which such district has been organized, such funds shall be paid out only on the order of the board of education or school directors, signed by the president and secretary of such board. § 5.: That whenever there is no money in the hands of the treas- urer of any school district, to which this Act shall apply, for educa- tional or building purposes, it shall be lawful for the school directors or the board of education of such district to draw and issue warrants against and in anticipation of any taxes already levied for educational or building purposes, to the extent of seventy-five per centum of the total amount of any such taxes levied. Warrants drawn and issued under the provisions of this section shall show upon their face that O they are payable solely from said taxes when collected, and not other— wise, and shall be received by any collector of taxes in payment of the taxes against which they are issued, and which taxes against which said warrants are drawn shall be set apart and held for their payment. Every warrant issued under this section shall bear interest, payable only out of the taxes against which it shall be drawn, at a rate not to exceed five per centum, per annum, from the date of its issuance until paid, or until notice shall be given by publication in a newspaper or otherwise, that the money for the payment of said warrant is available, and that it will be paid upon presentation. [Added by an Act ap- proved May 20, 1915.] § 6. All warrants heretofore draw issued and disposed of by the school directors or board of education of any school district, to which this Act apples, for educational or building purposes are hereby validated, and insofar as such warrants are outstanding and unpaid, are hereby made legal and valid obligations of the school district or corporate body issuing the same. [Added by an Act approved May 20, 1915. ] § 7. Any school district to which the ‘Act of which this is an amendment applies shall have the power to issue, sell, and negotiate its negotiable coupon bonds and use the proceeds derived therefrom for the purpose of paying the amount of principal of interest bearing warrants and any and all interest accrued and accruing thereon which shall have been issued by such district or in behalf thereof prior to January 1, 1920, in anticipation of any taxes levied and assessed for educational or building purposes. And upon the payment of said war- rants or any thereof from the proceeds of the issue, sale and nego— tiation of bonds under the power herein given, the taxes in anticipa— tion of which said warrants so paid shall have been issued to the extent of the total principal of said warrants and interest thereor:: shall be used by the school district or school authorities entitled to such taxes when collected for the purposes for which said taxes were levied and assessed. Any and all bonds which shall be issued here- under shall be issued in such form and in such denomination, payable: at such place and at such time or times, not to exceed twenty(20} years from the date of issue, and shall bear interest at such rate not exceeding however, the rate of five percentum per annum, payable “semi-annually, as the school directors or boards of education issuing” such bonds shall by resolution prescribe. Provided, however, that school directors and boards of education of any such school district: shall not incur any indebtedness hereunder by the issue of bonds. which together with other outstanding indebtedness of such school district exceeds in the aggregate five percentum on the valuation of taxable property in such school district to be ascertained by the last assessment for State and county taxes previous to the incurring of such indebtedness. All bonds issued hereunder shall be signed before being issued, negotiated, and sold, by the president of the school direc- tors or the board of education of the school district for the benefit of which said bonds shall be issued, and attested by the clerk, secretary, or such other person as the school directors or board of education of 6 such school district may designate, and said bonds shall be counter- signed by the treasurer of such school district, and shall be numbered and registered by such treasurer in a book provided for such purpose. Such treasurer shall record the exact amount for which each bond shall be issued, negotiated, and sold, and when any bond shall be paid, such treasurer shall duly cancel the same and enter into the register opposite to the record of such bond the date, month, and year when said bond was paid. Nothing contained in this Act shall take away, limit, or abridge the right and power of any school district to which © said Act of which this is an amendment is applicable, from issuing thereunder interest bearing warrants in anticipation of any taxes levied and assessed for educational or building purposes. [Added by an Act approved June 28, 1919.| APPROVED May 29, 1879. BOARD. OF: EDUCATION ELECTED: Aw Act to give cities, incorporated towns, townships and districts, in which free schools are now managed under special Acts, authority to elect boards of education having the same powers as boards of education now elected under the general free school laws of this State. SECTION 1. Be it enacted by the People of the State of Illinois, represented tn the General Assembly: That any city, incorporated town, township or district having a population of not less than 1,000 and not over 20,000 inhabitants, in which free schools are now man- aged under any special Act, may, by vote of its electors, determine to elect, instead of the directors or other governing or managing board, now provided for by such special Act, a board of education which shall be elected at the time and in the manner and have the powers now conferred by law upon boards of education of districts not governed by any special Act. §.2. Upon petition of fifty voters of such city, town, township or district, presented to the board having the control and management of schools in such city, town, township or district, it shall be the duty of such board, at the next ensuing election to be held in such city, town, township or district, to cause to be submitted to the voters thereof, giving not less than fifteen days’ notice thereof, by posting not less than five notices in the most public places in such city, town, township or district, the question of “electing a board of education having the powers conferred upon such boards in districts organized under the free school laws,’ which notice may be in the following form, to-wit: Public notice is hereby given, that on the...... Cayviol swans Me ena ASD: Sg RG , an election will be held at...................., between the hours of 2 aa RE 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 free school law.’ If it shall appear, upon a canvass of the returns of such election, that a majority of the votes cast at such election are “for electing a { board of education having the powers conferred upon such boards in districts organized under the free school law,” then at the time of the next regular election for boards of education under the free school law, there shall be elected a board of education for such district ; and should there not be sufficient time to give the notice required by law for such election, then such election may be held on any Saturday thereafter, but all subsequent elections shall be held at the time pro- vided by the free school law. APPROVED June 2, 1891. BOARDS OF EDUCATION IN CERTAIN CASES. Aw Act to provide for the election of boards of education in school districts organized under Special Acts of the Legislature of this State, where such school districts are maintained under the general school laws of this State, and where there is no provision in such special Acts for the election of boards of education. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: ‘That hereafter, in all school districts in this State organized under any special law of this State, and maintaining public schools under any general school laws of this State, where there is no provision in said special Acts creating such special school districts, for the election of boards of education as other- wise provided, there shall be elected in each of said special school districts, in lieu of the school directors as now provided, a board of education, to consist of seven members to be elected at the time and in the manner as now provided by the general law for the election and qualification of boards of education in other cases: Provided, that at the first election of such board, which shall be held on the third Satur- day in April, A. D. 1898, two of such members shall be elected to serve one year, two to serve two years, and two to serve three years, and a president of such board shall be elected, whose term of office shall be one year; and annually thereafter there shall be elected in said school district two members of such board, whose term of office shall be three: years, and there shall also be elected-annually thereafter a president of said board. Said board of education, when so elected and qualified, * shall have all the powers of trustees of schools in school townships as. is now provided by general law. Said board of education, in addition to the powers of trustees aforesaid, shall also have all the powers of school directors as is now provided for by the general school law of this State; and in addition thereto and inclusive thereof, they shall have all the powers and perform all the duties of boards of education in school districts having a population of not less than 1,000 and not over 100,000 inhabitants under the general school law as the same now exists and as set forth in article 6 of the school law, or shall be con- ferred by any future alterations thereof by the Legislature. (As amended by an Act approved May 10, 1901.) 1. The provisions of this Act govern the schools only in the Illiopolis, Lockport, Marion, Naperville and Olney districts. 8 § 2. Wuereas, An emergency exists, therefore this Act shall take effect from and after its pasasge. APPROVED June 10, 1897. BOARDS OF EDUCATION IN CERTAIN DISTRICTS. An Act to amend section 1 of an Act entitled, “An Act to provide for the election of boards of education in certain districts,’ approved May 15, 1903, 1n force July 1, 1903. SEcTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section one (1) of an Act entitled, “An Act to provide for the election of boards of education in certain districts,” approved May 15, 1903, in force July 1, 1903, be and the same is hereby amended to read as follows: § 1. That in all school districts in this State, having a population of over 35,000 by the last Federal census, existing by virtue of any special charter, where the board of directors or board of education is elected or appointed by the common 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 hereafter in each of said school districts, in lieu of the present governing body, a board of education, to consist of seven members to be elected at the same time and in the same manner, as provided by the general school law for the election of boards of education in school districts having a population of not less than 1,000 and not more than 100,000 inhabitants. Such board of education when elected and quali- fied, shall have all the powers of trustees of schools in school town- ships. It shall also have all the powers of boards of directors, and in ‘addition thereto, all the powers of boards of education elected by virtue of the general school law of this State: Provided, however, that where any such school district shall lie wholly within or partly within and partly without any such city, village or incorporated town and said city, village or incorporated town, has adopted or may adopt an Act entitled, “An Act regulating the holding of elections and declaring the result thereof in cities, villages, and incorporated towns in this State,” eA ne é approved June 19, 1885, and in force July 1, 1885, and Acts amendatory thereof, then the board of directors or board of education of such school district shall locate the polling place or places, appoint the judges and clerks and otherwise conduct the election in that portion or part of the school district that lies without such city, village or incorporated town, in the manner now provided by law, except as hereinafter pro- vided, but no one residing without such city, village or incorporated town shall vote at any polling place within, nor shall any one residing within vote at any polling place without, and the votes cast at the polling place or places without such city, village or incorporated town, shall be returned, certified and canvassed as is now provided by law in such cases, and in addition thereto a complete abstract of the vote ast and canvassed shall be made, certified and returned to the board Ss of election commissioners of such city, village or incorporated town: And, provided, further, that in all that part or portion of such school district that lies within such city, village or incorporated town, and in such school district, when the same lies wholly within any such city,. village or incorporated town, the election for such board of directors or board of education shall be conducted by the board of election commis— sioners of such city, village or incorporated town and in accordance with the provisions of the said Act of June 19, 1885, and the amend- ments thereto: And, provided, further, when such school district hes partly within and partly without any such city, village or incorporated town, the said board of election commissioners shall certify the returns received by them from the polling place or places without such city, village or incorporated town, to the proper officer or officers; and all the returns so certified and returned by the said.board of election com- missioners shall be canvassed, together with the returns certified from the polling places within stich city, village or incorporated town, by the: same canvassing board and the results thereof declared, and certificates. of election shall be issued thereon the same as if all such votes had been» cast in, certified and returned from such city, village or incorporated. town: And, provided, further, that the regular election for the mem— bers of such board of education in any such school district lying wholly within or partly within and partly without any such city, village or incorporated town, which city, village or incorporated town has adopted or may adopt said Act of June 19, 1885, and Acts amendatory thereof, shall be held on the first Tuesday of the month of April of each and. every year after the passage of this Act: And, provided, further, that nominations of candidates for the office of member of said board: of education to be voted for at all elections provided for in this Act: shall be made only by petition in like manner as is provided for nomina~ tions of candidates by petition for town offices in counties under town-- ship organization by an Act entitled, “An Act to provide for the print- ing and distribution of ballots at public expense, and for the nomina— tions of candidates for public offices, to regulate the manner of holding: elections, and to enforce the secrecy of the ballot,” approved June 22). 1891, in force July 1, 1891, and Acts amendatory thereof; such peti~ tions to be addressed to and filed in the office of the said board of education of such city, village or incorporated town, which board may certify to the said board of election commissioners the petitions so filed ; except, however, that such petitions for nominations at the elec- tion which may be held on the fourth day of April, 1911, may be filed. on or before five days before such election; the said elections in other respects to be held under the provisions of the said Act of June 22,. 1891, and Acts amendatory thereof, so far as the same may apply and: may not be inconsistent with the provisions of this Act. 1. The foregoing section affects only the school districts in which the cities of Quincy and Springfield are situate. § 2. WueErEas, An emergency exists, therefore, this Act shall take: effect and be in force from and after its passage, APPROVED March 29, 1911. 10 BONDS. Aw Act to authorize certain school districts to issue bonds for certain pur poses. SECTION 1. Be it enacted by the People of the State of Illinois, reperesented in the General Assembly: That for the purpose of build- ing or repairing school houses, or purchasing or improving school sites, any school district in this State, existing by virtue of any special charter, and governed by such special charter, and special or general school laws, whose boundaries are co-extensive with or greater than the boundaries of any incorporated city, town or village, where author- ized by a majority of all the votes cast at an election called for that purpose, may borrow money, and as evidence of such indebtedness, may issue bonds in denominations of not less than one hundred (100) dollars, nor more than one thousand (1,000) dollars, for a term not to exceed twenty (20) years bearing interest at a rate not to exceed five (5) per centum, per annum, payable annually, semi-annually or quarterly, and signed by the president and secretary of the school board of such school district: Provided, that the amount borrowed in any one year shall not exceed, including existing indebtedness, five (5) per centum. of the taxable property of such school district, to be’ ascertained by the last assessment for State and county taxes previ- ous to incurring such indebtedness. [As amended by an Act approved March 30, 1905.] § 2. All bonds authorized by virtue of this Act, before being issued, negotiated and sold, shall be registered, numbered and coun- tersigned by the treasurer of such school district. Such register [reg- istration] shall be made in a book provided for this purpose and in this register shall be entered the record of the election authorizing such school district to issue bonds, and a description of the bonds issued, including the number, date, amount, rate of interest and when payable. § 3. All moneys, borrowed by virtue of this Act, shall be paid into the treasury of such school district, and upon receiving such moneys, the treasurer shall deliver the bond or bonds issued therefor, to the person or persons entitled to receive the same, and shall credit the amount received to such school district. The treasurer shall record the exact amount received for each bond issued, and when any bond is paid the treasurer shall cancel the same, and enter in the register opposite the record of such bond, the words “paid and cancelled this Fae J 31 WARRANTS. Aw Act to establish and maintain a system of free schools. § 117. When there is no money in the treasury of any school district of this State, whether governed by either or both the General School Law or any special charter to defray the necessary expenses of the district, the directors, board of education or board of school inspectors, as the case may be, may issue warrants against and in anticipation of any taxes levied for the payment of the necessary expenses of the district, either for educational or for building pur- poses, as the case may be, to the extent of seventy-five per cent of the total amount of the tax so levied. Such warrants shall show upon their face that they are payable solely from such taxes when collected, and shall be received by any collector of taxes in payment of the taxes against which they are issued, and such taxes shall be set apart and held for their payment. Every warrant issued under the pro- visions of this section shall bear interest, payable only out of the taxes against which it is drawn, at a rate not exceeding six per centun per annum, from the date of its issuance until paid or until notice shall be given by publication in a newspaper or otherwise, that the money for its payment is available and that it will be paid on pre- sentation, unless a lower rate of interest shall be specified therein, in which case the interest shall be computed and paid at said lower rate. [As amended by an Act approved June 24, 1921.] & Xe a yee il ! wu I SS