105 ILCS 5/5-1
2021 Illinois Compiled Statutes|Chapter 105 - SCHOOLS|105 ILCS 5/ - School Code.|Article 5 - Trustees of Schools

 (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).(b) Notwithstanding subsections (a) and (c), the  school 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.(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 BALLOTShall the offices of townshiptreasurer and                       YEStrustee of                      ------------------schools of Township .....           NORange ..... 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.  (Source: P.A. 100-374, eff. 8-25-17; 100-921, eff. 8-17-18.)