2023 Illinois Compiled Statutes › Chapter 105 - SCHOOLS › 105 ILCS 5/ - School Code. › Article 5 - Trustees of Schools

(105 ILCS 5/Art. 5 heading)
ARTICLE 5.  
		TRUSTEES OF SCHOOLS
(105 ILCS 5/5-1) (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.
Notwithstanding subsections (a) and (c), the school boards of Glenbrook High School District 225, Northbrook Elementary School District 27, Northbrook School District 28, Sunset Ridge School District 29, Northbrook/Glenview School District 30, West Northfield School District 31, and Glenview Community Consolidated School District 34 may, by proper resolution, withdraw from the jurisdiction and authority of the trustees of schools of Northfield and Maine 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.
(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 BALLOT
Shall the offices of township
treasurer and                       YES
trustee of                      ------------------
schools of Township .....           NO
Range ..... 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. 103-144, eff. 6-30-23.)
(105 ILCS 5/5-1a) (from Ch. 122, par. 5-1a)
Sec. 5-1a. 
		High school districts. 
		Notwithstanding any other provision
of this Article or the School Code, the school board of any high school
district that is located in a Class II county school unit and that on or
after the effective date of this amendatory Act of 1991 is subject to the
jurisdiction and authority of a township treasurer and trustees of schools of
a township in which all or any part of that school district is located may
not withdraw from the jurisdiction and authority of that township treasurer
and those trustees of schools and transfer or otherwise submit to the
jurisdiction and authority of a township treasurer or trustees of school
of another township, unless the school board of each underlying elementary
school district whose territory includes all or any part of the territory
included within that high school district, by resolution, consents to the
proposed withdrawal by the school board of that high school district from
the jurisdiction and authority of the township treasurer and trustees of
schools of the township to which that high school district is subject and
the transfer or other submission by the school board of that high school
district to the jurisdiction and authority of a township treasurer or
trustees of schools of another township.
A high school district that is subject to the jurisdiction and authority
of the township treasurer and trustees of schools of a township in which
those offices are abolished as provided in subsection (c) of Section 5-1
shall thereupon be required to appoint its own school treasurer as provided
in paragraph (4) of subsection (c) of Section 5-1 and subsection (c) of
Section 8-1, and shall be subject to and governed by the other changes made
to the School Code by this amendatory Act of 1991, insofar as the same are
applicable to a high school district.
(Source: P.A. 87-473.)
(105 ILCS 5/5-1b)
Sec. 5-1b. (Repealed).
(Source: P.A. 94-432, eff. 8-2-05. Repealed internally, eff. 1-1-10.)
(105 ILCS 5/5-2) (from Ch. 122, par. 5-2)
Sec. 5-2. Governing board.
(a) Except as otherwise provided in subsection (b), the school business of all school townships having school trustees shall
be transacted by three trustees, to be elected by the qualified voters of
the township, as provided in this Article 5.
(b) This subsection (b) applies only to the trustees of schools of Township 38 North, Range 12 East. The school business of the township shall be transacted by 4 trustees elected by the qualified voters of the township, as provided in this Article 5, and 3 trustees appointed by the school districts within the township, as provided in this subsection (b). An elected trustee and an appointed trustee may represent the same school district. Any trustee, whether elected or appointed, may serve as an officer of the trustees of schools.
The 3 trustees to be appointed shall each be appointed for a term of one year as follows:
(1) The school boards of Argo Community High School     District 217, Summit School District 104, Willow Springs School District 108, and Indian Springs School District 109 shall collectively appoint one school board member as a trustee through a nomination process and by a majority vote or by consensus among the school boards. A trustee appointed under this paragraph (1) may be reappointed for a second term as provided under this paragraph (1). After the appointed term or reappointed term of the trustee expires, the school boards shall appoint a successor trustee pursuant to this paragraph (1).
(2) The school boards of Western Springs School     District 101, La Grange School District 102, Lyons School District 103, La Grange School District 105 South, LaGrange Highlands School District 106, and Pleasantdale School District 107 shall collectively appoint one school board member as a trustee through a nomination process and by a majority vote or by consensus among the school boards. A trustee appointed under this paragraph (2) may be reappointed for a second term as provided under this paragraph (2). After the appointed term or reappointed term of the trustee expires, the school boards shall appoint a successor trustee pursuant to this paragraph (2).
(3) Each year, among the school board presidents of     the school districts within the township, one school board president shall be selected through a nomination process and by a  majority vote to appoint a trustee. If no president of a school board is nominated, another officer of one of the school boards may be nominated. For the even-numbered year term, a trustee appointed under this paragraph (3) must be from a feeder elementary school district for Argo Community High School District 217, and, for the odd-numbered year term, a trustee appointed under this paragraph (3) must be from a feeder elementary school district for Lyons Township High School District 204.
(c) The trustees shall be a body politic
and corporate, by the name of "trustees of schools of township No. ....,
range No. ....," according to the number, or in case of school townships
created from two or more congressional townships, such name shall be
"trustees of .... township .... county, Illinois." Such corporation shall
have perpetual existence, with power to sue and be sued, and to plead and
be impleaded, in all courts and places where judicial proceedings are had.
(Source: P.A. 102-924, eff. 5-27-22.)
(105 ILCS 5/5-2.1) (from Ch. 122, par. 5-2.1)
Sec. 5-2.1. Eligible Voters: For the purposes of this Article persons
who are qualified to vote in school elections shall be eligible to vote
for the trustees of schools who have jurisdiction over the elementary school
district  or unit school district in which the person resides.
If the application of this Section results in an elector
voting for trustees of a school township in which he does not reside
because the elementary or unit school district crosses township boundaries
and has been assigned to the jurisdiction of the trustees of an adjoining
township, that elector shall also be eligible to vote for the trustees of
the township within which he resides. Moreover, an elector who resides in a high school district that crosses township boundaries and has been assigned to the jurisdiction of the trustees of an adjoining township shall be eligible to vote for both the trustees of the township in which he or she resides and the trustees of the township having jurisdiction over the high school district in which he or she resides.
(Source: P.A. 94-432, eff. 8-2-05.)
(105 ILCS 5/5-2.2)
Sec. 5-2.2. Designation of trustees; Township 36 North, Range 13 East. After the April 5, 2011 consolidated election, the trustees of schools in Township 36 North, Range 13 East shall no longer be elected pursuant to the provisions of Sections 5-2, 5-2.1, 5-3, 5-4, 5-12, and 5-13 of this Code. Any such trustees elected before such date may complete the term to which that trustee was elected, but shall not be succeeded by election. Instead, the board of education or board of school directors of each of the elementary and high school districts that are subject to the jurisdiction of Township 36 North, Range 13 East shall appoint one of the members to serve as trustee of schools. The trustees of schools shall be appointed by each board of education or board of school directors within 60 days after the effective date of this amendatory Act of the 97th General Assembly and shall reorganize within 30 days after all the trustees of schools have been appointed or within 30 days after all the trustees of schools were due to have been appointed, whichever is sooner. Trustees of schools so appointed shall serve at the pleasure of the board of education or board of school directors appointing them, but in no event longer than 2 years unless reappointed.
A majority of members of the trustees of schools shall constitute a quorum for the transaction of business. The trustees shall organize by appointing one of their number president, who shall hold the office for 2 years. If the president is absent from any meeting, or refuses to perform any of the duties of the office, a president pro-tempore may be appointed. Trustees who serve on the board as a result of appointment or election at the time of the reorganization shall continue to serve as a member of the trustees of schools, with no greater or lesser authority than any other trustee, until such time as their elected term expires.
Each trustee of schools appointed by a board of education or board of school directors shall be entitled to indemnification and protection against claims and suits by the board that appointed that trustee of schools for acts or omissions as a trustee of schools in the same manner and to the same extent as the trustee of schools is entitled to indemnification and protection for acts or omissions as a member of the board of education or board of school directors under Section 10-20.20 of this Code.
(Source: P.A. 99-642, eff. 7-28-16.)
(105 ILCS 5/5-3) (from Ch. 122, par. 5-3)
Sec. 5-3. Eligibility of trustees. 
No person shall be eligible to the office of trustee of schools who is
not a resident of the township and at least 18 years of age.  If there are
3 or more school districts in a township which are subject to the
jurisdiction of the trustees of schools of that township, no 2 trustees shall reside,
when elected, in the same school district; except that in townships in
which at least 90% of the electors reside in one school district which is
subject to the jurisdiction of the trustees of schools of that township, this
restriction shall not apply.  No person shall be eligible to the office of
trustee of schools and school director or school board member at the same
time.
This Section does not apply to trustees appointed under subsection (b) of Section 5-2.
(Source: P.A. 102-924, eff. 5-27-22.)
(105 ILCS 5/5-4) (from Ch. 122, par. 5-4)
Sec. 5-4. Election of trustees. The election of trustees of schools shall be held in odd-numbered years
at the election specified in the general election law. In townships in which
no election for school
trustees has been held, or in townships in which from any cause there are
no trustees of schools and the law requires that there be school trustees,
the election of trustees of schools shall be held at the same
time.
No person shall be nominated for the office of trustee of schools, in townships
containing 20,000 inhabitants or over, except by petition signed by  at least
5% or 500 of the voters of the school township in which the person is seeking nomination
and election who last cast votes in the most recent election, whichever is less, filed with the township
treasurer, or, in case of a first election, with the county clerk.
A candidate for election as a school trustee, who has petitioned for nomination
to fill a full term and to fill a vacant term to be voted upon at the same
election, must withdraw his or her petition for nomination from either the
full term or the vacant term by written declaration, which shall be signed
and acknowledged by an officer authorized to take such acknowledgments and
which is filed with the township treasurer in the township in which he or
she is a candidate within the time provided by the general election law.
(Source: P.A. 102-924, eff. 5-27-22.)
(105 ILCS 5/5-12) (from Ch. 122, par. 5-12)
Sec. 5-12. 
		Trustees' names and townships to regional superintendent. 
		
The returns of an election for trustees of schools shall be
made to the county clerk. He shall furnish to the regional superintendent
of schools, within 7 days after the returns have been made, the
names of the trustees so returned to him, and shall specify the townships
in which they have been elected.
(Source: P.A. 81-1490.)
(105 ILCS 5/5-13) (from Ch. 122, par. 5-13)
Sec. 5-13. 
		Term of office of trustees. 
		In townships already organized,
the school trustee shall be elected in each odd numbered year for a term
of 6 years to succeed the trustee whose term expires in such odd numbered year.
The first-elected trustees in a newly organized township shall at their
first meeting cast lots for their respective terms of office, for 2, 4 and
6 years; and thereafter 1 trustee shall be elected in each odd-numbered
year.
(Source: P.A. 81-1490.)
(105 ILCS 5/5-14) (from Ch. 122, par. 5-14)
Sec. 5-14. Term of office of successors - Vacancies. Successors to the trustees whose terms of office expire at the time prescribed
in Section 5-13, and their successors, shall hold their offices for 6 years
and until their respective successors are elected and qualified. Trustees
of schools shall enter upon the duties of their office on the third Monday
of the month following their election.
Whenever a vacancy occurs, the remaining trustees shall 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 28 months 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.  The successor shall have the same residential
qualifications as his predecessor.  Should they fail so to act, within 30
days after the vacancy occurs, the regional superintendent of the region in
which the township lies, or if the township is divided by a county line or
lines, the regional superintendent of the region in which a majority of the
children, who reside in districts subject to the jurisdiction of the
trustees of schools of such township, attend school, shall within 15 days after the
remaining trustees have failed to fill the vacancy, fill the vacancy as
provided for herein.  The successor shall have the same type of residential
qualifications as his predecessor.
(Source: P.A. 93-847, eff. 7-30-04.)
(105 ILCS 5/5-15) (from Ch. 122, par. 5-15)
Sec. 5-15. 
		Organization. 
		Within 10 days following commencement
of their terms, the trustees
shall organize by appointing 1 of their number president, who shall hold
his office for 2 years. The president shall preside at all meetings of the
board and shall sign the proceedings thereof when recorded. If the president
is absent from any meeting, or refuses to perform any of the duties of his
office, a president pro tempore may be appointed. The president may be removed
by the trustees of schools for sufficient cause.
(Source: P.A. 81-1490.)
(105 ILCS 5/5-16) (from Ch. 122, par. 5-16)
Sec. 5-16. 
		Meetings - Quorum. 
		The trustees of school shall hold regular meetings on the
first Monday of each calendar quarter or if such Monday falls on a holiday,
then on the following Monday. Special meetings may be called at
any time by the president or by two members. Two members shall
constitute a quorum for the transaction of business.
(Source: P.A. 81-338.)
(105 ILCS 5/5-17) (from Ch. 122, par. 5-17)
Sec. 5-17. Payment of claims - Apportionment and distribution of
funds. At the regular meetings, the trustees shall appropriate and pay
from the income of the permanent township fund, if it is sufficient, all
valid claims for the following:
1.  The compensation of the treasurer.
2.  The cost of publishing the annual statement.
3.  The cost of a record book, if any.
4.  The cost of dividing school lands and making     plats.
If the income of the permanent township fund is not sufficient to
meet such items the additional amount needed may be taken from the total
of other funds subject to distribution, each district -- exclusive of
any district which has withdrawn from the jurisdiction and authority of the
trustees of schools of the township and which has elected or appointed its
own school treasurer as provided in subsection (b) of Section
5-1 -- being charged as its share of such items the proportion which the
amount of school funds of the district handled by the township treasurer
bears to the total amount of all school funds handled by such treasurer.
In Class II county school units (excluding therefrom, however, any
township therein in which the offices of township treasurer and trustee of
schools have been abolished as provided in subsection (c) of Section 5-1)
if any balance of the income from the
permanent township fund in any township remains after paying such items,
such balance shall be apportioned and distributed to the districts and
parts of districts in the township -- including any district which has
withdrawn from the jurisdiction and authority of the trustees of schools of
the township and which has elected or appointed its own school treasurer as
provided in subsection (b) of Section 5-1 -- in which schools
have been kept as required by law during the preceding year ending June 30,
according to the number of pupils in average daily attendance in grades one to
eight inclusive. At the
semi-annual meetings in all such townships all remaining funds subject
to distribution shall be apportioned and distributed to the districts
and parts of districts in the township in which schools have been kept
as required by law during the preceding year ending June 30, in the
manner and subject to the limitations prescribed in Sections 18-2
through 18-11 for the distribution of the common school fund among the
counties, provided that -- except for any balance of the income from the
permanent township fund remaining after payment of the items set forth in
subparagraphs 1, 2, 3 and 4 of this Section -- no funds shall be
apportioned or distributed to any school district which has withdrawn from
the jurisdiction and authority of the trustees of schools and appointed its
own school treasurer pursuant to Section 5-1; and the trustees shall
direct the treasurer to make a regular monthly apportionment and
distribution between semi-annual meetings, in the manner prescribed by
those sections, of any available funds on hand from the common school fund.
The funds distributed shall be credited to the respective districts and
parts of districts.
In Class I county school units and in any township forming a part of
a Class II county school unit in which township the offices of township
treasurer and trustee of schools have been abolished as provided in
subsection (c) of Section 5-1, if any balance of income from the
permanent township fund in any township remains after paying such items,
such balance or a part thereof equal to but not greater than the then
current tax levy or tax levies for common school purposes by all the
school districts or parts of school districts in said township on
property in said township in process of collection in the county wherein
the township having such fund is located, shall, upon an order drawn by
the treasurer and signed by the president and secretary of the township land
commissioners or regional board of school trustees, be paid annually on
or before February 1 to the County
Treasurer of the county in which such township is situated. It shall
then be the duty of the County Treasurer to apply and credit the sum so
received upon all tax bills for school purposes of the taxpayers in the
township, said sum to be applied and credited proportionately upon the
basis of the value of assessed property represented by each such tax
bill. Any sum received by the County Treasurer in excess of the amount
required to discharge in full the amount of all taxes for school
purposes so extended against taxable property within the township shall
be held by the County Treasurer and applied to taxes subsequently
extended for such purposes: Provided, that if a petition, signed by at
least 5% of the legal voters of the township, is presented to the regional
superintendent of schools of the educational service region
in which the township is located
requesting a vote on the proposition that such balance of the income
from the permanent township fund shall be apportioned and distributed to
the districts and parts of districts in the township in which schools
have been kept as required by law during the preceding year ending June
30, according to the number of pupils in average daily attendance in
grades one to eight, inclusive, upon an order drawn by the treasurer and signed by the
president and secretary of the township land commissioners or regional
board of school trustees, to be paid annually
on or before February 1, the regional superintendent of schools shall certify
to the proper election authority the proposition for submission to the
voters of the township in accordance with the general election law.
The treasurer shall cause a copy of the order to be published in one or
more newspapers published in the county school unit within 10 days after
the order is drawn. If no newspaper is published in the county school unit,
the order shall be published in a newspaper having general circulation
within the county school unit. The publication of the order shall include a
notice of (1) the specific number of voters required to sign a petition
requesting that the proposition to apportion and distribute to the several
school districts the excess of the income from the permanent township fund
be submitted to the voters of the township; (2) the time within which
the petition must be filed; and
(3) the date of the prospective referendum. The treasurer shall provide a
petition form to any individual requesting one. If the proposition receives
a majority of the votes cast thereon, it shall supersede the preceding
provisions for the distribution of such balance.
(Source: P.A. 94-1105, eff. 6-1-07.)
(105 ILCS 5/5-18) (from Ch. 122, par. 5-18)
Sec. 5-18. 
		Statements of conditions of schools. 
		Trustees of schools shall prepare, or cause to be prepared, by the
township treasurer, the directors or board members of the several
districts or other person, and forwarded to the regional
superintendent of
the region in which the township lies, on or before July 15 annually,
and at such other times as may be required by the regional superintendent
of schools or by the State Board of Education, a statement
exhibiting the condition of the schools subject to the jurisdiction and
authority of such trustees in the respective townships for
the preceding year, commencing on July 1 and ending June 30 which
statement shall be in the form, and shall contain the information
required by the State Board of Education. Any township from
which such report is not so received shall forfeit its portion of the
distributive fund for the next ensuing year.
(Source: P.A. 86-1441.)
(105 ILCS 5/5-19) (from Ch. 122, par. 5-19)
Sec. 5-19. 
		
		Township divided by county lines - Statistics and
information.
If a township is divided by a county line or lines, the trustees of
schools shall make, or cause to be made, separate enumerations of all
statistics and other information required by the State Board of Education,
and report them separately to the several regional
superintendents. All parts of such statistical information which cannot
practically be reported separately shall be reported to the regional
superintendent of the county in which the sixteenth section of such
township is situated.
(Source: P.A. 81-1508.)
(105 ILCS 5/5-20) (from Ch. 122, par. 5-20)
Sec. 5-20. 
		
		Examination of books, securities and effects - Accounts and
vouchers.
At each regular meeting, and at such other meetings as they may
think proper, the trustees of schools shall examine all books, notes,
mortgages, securities, papers, moneys and effects of the corporation,
and the accounts and vouchers of the township treasurer or other
township school officer, and shall make such order for their security,
preservation, collection, correction of errors, if any, and for their
proper disposition, as may be necessary.
(Source: P.A. 81-338.)
(105 ILCS 5/5-21) (from Ch. 122, par. 5-21)
Sec. 5-21. 
		Gifts, grants, donations, legacies - Title to property. 
		The trustees of schools in townships in which that office has not been
abolished as provided in subsection (c) of Section 5-1 may receive any
gift, grant, donation or legacy made for the use of any school or library
or for any other school purpose within their jurisdiction. They are
invested in their corporate capacity with the title of all school buildings
and school sites, except as otherwise provided by clause (3) of subsection
(b) of Section 5-1 with respect to school districts which have withdrawn
from the jurisdiction and authority of the trustees of school. All
conveyances of real estate made to the trustees of schools shall be made to
them in their corporate name and to their successors in office.  School
districts may take and convey title to real estate to be improved by
buildings or other structures for vocational or other educational training
of pupils as provided in Section 10-23.3.  If legal title to the real estate
to be so improved for vocational or other educational training of pupils as
provided in Section 10-23.3 is not held by the school board of the school
district, the trustees of schools or
other school officials having legal title to those school sites or other
school
property shall convey to the school district the title to any such school
site
or other school property or portion thereof held for such district, to be
used as provided in Section 10-23.3, upon being presented with a resolution
adopted by at least 2/3 of the members of such board requesting such
conveyance.
If the trustees of schools for a township are no longer in existence,
the school district shall take and convey title to all school buildings and
school sites to be acquired within such township.  If the trustees of
schools had previously taken title to a school building or a school site
and such trustees are no longer in existence, the school district shall by
operation of law automatically be vested with title to all school buildings
and school sites within such township and shall have authority to convey
title thereto.
(Source: P.A. 87-473; 88-155.)
(105 ILCS 5/5-22) (from Ch. 122, par. 5-22)
Sec. 5-22. Sales of school sites, buildings or other real estate. When, in the opinion of the school board, a school site, or portion
thereof, building, or site with building thereon or any other real
estate of the district has become unnecessary, unsuitable, or
inconvenient for a school or unnecessary for the uses of the district,
the school board, by a resolution adopted by at least two-thirds of the
board members, may sell or direct that the property be sold in the manner
provided
in the Local Government Property Transfer Act or in the manner
herein provided or, in the case of residential property constructed or renovated by students as part of a curricular program, may engage the services of a licensed real estate broker to sell the property for a commission not to exceed 7%, contingent on the public listing of the property on a multiple listing service for a minimum of 14 calendar days and the sale of the property within 120 days.
Unless legal title to the land is held by the school
board, the school board shall forthwith notify the trustees of
schools or other school officials having legal title to such land of the
terms upon which they desire the property to be sold.
If the property is to be sold to another unit of local government or
school district, the school board, trustees of schools, or other school
officials
having legal title to the land shall proceed in the manner provided
in the Local Government Property Transfer Act. In all other cases, except if
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, trustees
of schools, or other school officials having legal title to the land shall,
within 60 days after adoption of the resolution (if the school board holds
legal title to the land), or within 60 days after the
trustees of school or other school officials having legal title receive the
notice (if the school board does not hold legal title to the land), sell the
property at public sale, by
auction or sealed bids, after first giving notice of the time, place, and terms
thereof by notice published once each week for 3 successive weeks prior to the
date of the sale if sale is by auction, or prior to the final date of
acceptance of bids if sale is by sealed bids, in a newspaper published in the
district or, if no such newspaper is published in the district, then in a
newspaper published in the county and having a general circulation in the
district; however, if territory containing a school site, building, or site
with building thereon, is detached from the school district of which it is a
part after proceedings have been commenced under this Section for the sale of
that school site, building, or site with building thereon, but before the sale
is held, then the school board, trustees of schools, or other school
officials having legal title shall not advertise or sell that
school site, building, or site with building thereon, pursuant to those
proceedings. The notices may be in the following form:
NOTICE OF SALE
Notice is hereby given that on (insert date), the (here insert title of the school board, trustees of school, or
other school officials holding legal title) of (county)
(Township No. ...., Range No. .... P.M. ....) will sell at public sale (use
applicable alternative) (at ......... (state location of sale which shall
be within the district), at .... ..M.,) (by taking sealed bids which shall be
accepted until .... ..M., on (insert date), at (here insert location where bids will be accepted which shall be
within the district) which bids will be opened at .... ..M. on (insert
date) at (here insert location where bids
will be opened which shall be within the district)) the following described
property: (here describe the property), which sale will be made on the
following terms to-wit: (here insert terms of sale)
....
....
....
(Here insert title of school
officials holding legal title)
For purposes of determining "terms of sale" under this Section, the General
Assembly declares by this clarifying and amendatory Act of 1983 that "terms
of sale" are not limited to sales for cash only but include contracts for
deed, mortgages, and such other seller financed terms as may be specified
by the school board.
If a school board specifies a reasonable minimum selling price and that
price is not met or if no bids are received, the school board may adopt a
resolution determining or directing that the services
of
a licensed real estate broker be engaged to sell the property for a
commission not to exceed 7%,
contingent on the sale of the property within 120 days.  If legal title to the
property is not held by the school board,
the trustees of schools or other school officials having legal title shall,
upon receipt of the resolution, engage the services of a licensed real estate
broker as directed in the resolution.
The board may accept a written offer equal to or greater than the established
minimum selling price for the described property. The services of a licensed
real estate broker may be utilized to seek a buyer. If the board lowers the
minimum selling price on the described property, the public sale procedures set
forth in this Section must be followed. The board may raise the minimum selling
price without repeating the public sale procedures.
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.
The deed of conveyance shall be executed by the president and clerk
or secretary of the school board, trustees of schools, or other school
officials having legal title to the land, and the proceeds paid to the school
treasurer for the
benefit of the district. The school
board shall use the proceeds from the sale first to pay the principal
and interest on any outstanding bonds on the property being sold, and
after all such bonds have been retired, the remaining proceeds from the
sale next shall be used by the school board to meet any urgent district needs
as determined under Sections 2-3.12 and 17-2.11 and then for any other
authorized purpose and for deposit into any district fund.  But whenever the
school board of any school district determines that any schoolhouse site with
or without a building thereon is of no further use to the district, and agrees
with the school board of any other school district within the boundaries of
which the site is situated, upon the sale thereof to that district, and agrees
upon the price to be paid therefor, and the site is selected by the purchasing
district in the manner required by law, then after the payment of the
compensation the school board, township trustees, or other school
officials having legal title
to the land of the schools shall, by proper instrument in writing, convey the
legal title of the site to the school board of the purchasing district, or to
the
trustees of schools for the use of the purchasing district, in accordance
with law.  The provisions of this Section
shall not apply to any sale made pursuant to Section 5-23 or Section 5-24 or
Section 32-4.
(Source: P.A. 99-794, eff. 1-1-17; 100-963, eff. 1-1-19.)
(105 ILCS 5/5-23) (from Ch. 122, par. 5-23)
Sec. 5-23. 
		Exchange of properties.
Whenever the school board, by a two-thirds majority of its members shall
find and declare the following propositions and shall cause to be recorded
in the Recorder's Office a certificate embodying such findings and
declarations duly signed by its president and attested by its secretary or
clerk, then said school board may cause the exchange of a present school
site or site with building thereon for a substitutional site without a
referendum approving such exchange. The above findings and declarations
shall establish the following: (1) That in the opinion of the school board
a school site or site with building thereon has become unsuitable or
inconvenient for a school; (2) that a substitutional school site has been
offered in exchange for the present site which is a suitable, convenient
and desirable site for a school and (3) that the value of the
substitutional site is equal to or exceeds the value of the present site
for which it is to be exchanged, the criterion of value to be that of a
fair market value. When such certificate has been recorded as aforesaid,
the school board shall transmit a copy of said certificate to the trustees
of schools or other school officials having legal title to such land and
shall request the execution of a deed of conveyance by the president and
clerk, or secretary, as the case may be, to be delivered upon the receipt
of a good and sufficient deed conveying to the trustees of schools or other
school officials entitled under the statute to hold legal title to lands in
the particular school district a good title to the substitutional site; and
such president and clerk, or secretary, as the case may be, shall comply
with such request. If the school board of a school district holds legal title
to any lands to be exchanged under this Section, the certificate shall be
recorded by the school board, and the deed of conveyance shall be executed by
the president and by the secretary or clerk of the school board, as the case
may be, and shall be delivered when a good and sufficient deed conveying the
legal title of the substitutional site to the school board is delivered to the
school board. The certificate provided for shall set forth an accurate
legal description of the present school site and of the substitutional site
offered as aforesaid.
(Source: P.A. 88-155.)
(105 ILCS 5/5-24) (from Ch. 122, par. 5-24)
Sec. 5-24. 
		Sale to another school district or municipality. 
		Whenever a petition is presented to the school board of a school district
requesting the sale of school grounds and buildings to another school district
or other municipality, which petition is signed by 10%
of the voters of the district, the school board of the district shall adopt
a resolution for the sale of such school grounds and buildings, and fix
the price therefor, and shall thereupon order the secretary to certify
to the proper election authorities the proposition for submission to the
voters of the district in accordance
with the general election law; and if a majority of the votes cast
upon the proposition are in favor of the sale, then
the school board, trustees of schools of the township in which the school
district
is located, or other school officials having legal title shall convey by
its president and clerk or secretary, upon receipt of the purchase price,
the property so to be sold; and the purchase price thereof shall be placed
with the proper treasurer for the benefit of the school district so selling
the property. The proposition shall be substantially in the following form:
--------------------------------------------------------------
Shall School District Number
...., of.... County, Illinois,           YES
sell to School District
Number...., (or other municipality)  -------------------------
of.... County, Illinois,
the following described property
(here describe the ground)                NO
for the sum of.... Dollars?
--------------------------------------------------------------
(Source: P.A. 88-155.)
(105 ILCS 5/5-25) (from Ch. 122, par. 5-25)
Sec. 5-25. 
		
		Moneys
paid to treasurer.
The trustees of schools or township land commissioners shall cause all
moneys for the use of the school districts to be paid to the proper
treasurer thereof.
(Source: Laws 1961, p. 31.)
(105 ILCS 5/5-26) (from Ch. 122, par. 5-26)
Sec. 5-26. 
		Purchase of real estate in satisfaction of judgment. 
		The trustees of schools or township land commissioners may purchase
real estate in satisfaction of any judgment in any action
wherein the trustees or township land commissioners or the county
superintendent of schools are parties, if, in their opinion the
interests of the township fund will be promoted thereby.
(Source: P.A. 79-1366.)
(105 ILCS 5/5-27) (from Ch. 122, par. 5-27)
Sec. 5-27. 
		Compromise, settlements and cancellations.
The trustees of schools or township land commissioners may: make all
settlements with persons indebted to them in their official capacity;
receive deeds to real estate in compromise; and may cancel notes, bonds,
mortgages, and judgments for the benefit of any school township or
district.
(Source: P.A. 84-452.)
(105 ILCS 5/5-28) (from Ch. 122, par. 5-28)
Sec. 5-28. Lease or sale of lands. The trustees of schools or township land commissioners may lease or sell
any lands that come into their possession in the manner described in
Sections 5-26 or 5-27. When in their opinion it is to the best interest
of the schools of the township or district interested in any such lands
that they be sold, the trustees shall adopt a resolution to such effect and
in such resolution shall specify the time, place and terms of sale. The
sale shall be at public auction and the trustees shall give notice thereof
by publishing notice once each week for three successive weeks prior to the
date of the sale in a newspaper published in the township to which the real
estate belongs, and if the lands to be sold lie outside of the township to
which they belong then such notice is to be published as herein provided in
a newspaper published in the township in which the land lies or, if no such
newspaper is published either in the township where the real estate belongs
or in the township where the land lies, then in a newspaper published in
the county and having a general circulation in the township affected. The
notices shall describe the property and state the time, place and terms of
the sale. The trustees have the right to reject any and all bids. Upon the
sale being made, deed of conveyance shall be executed by the president and
clerk of the trustees and the proceeds shall be paid to the township
treasurer for the benefit of the township or the district interested in the
lands.
(Source: P.A. 100-963, eff. 1-1-19.)
(105 ILCS 5/5-29) (from Ch. 122, par. 5-29)
Sec. 5-29. 
		
		Sale
of school land for roads.
Whenever the State, county, city, village, incorporated town, township
or road district authorities lay out a new road, street or highway, or
alter, widen or relocate existing roads, streets or highways, and for such
purposes require lands used for school sites, or land owned for school
purposes, the trustees of schools or school officials having legal title to
such lands have the power, with the consent of the school board of the
district, to sell and convey to the State, county, city, village,
incorporated town, township or road district the land required for such
purposes, or may dedicate to public use for street and highway purposes as
much of said school land as may be necessary to open, extend, alter, widen
or relocate any street or highway which may be required by the municipal
authorities to be opened, extended, altered, widened or relocated, if they
are of the opinion that the benefit to accrue for the opening, extending,
altering, widening or relocating of such street or highway will compensate
for the strip so dedicated.
(Source: Laws 1961, p. 31.)
(105 ILCS 5/5-30) (from Ch. 122, par. 5-30)
Sec. 5-30. 
		Easements.
The trustees of schools or other school officials having legal title to
school sites or land owned for school purposes shall have the power, with
the consent of the school board of the district wherein the lands are
located, to grant temporary or permanent easements for sewer, water
drainage or utility purposes to municipalities, corporations or persons on
such terms as the school board may determine.
(Source: Laws 1961, p. 31.)
(105 ILCS 5/5-31) (from Ch. 122, par. 5-31)
Sec. 5-31. 
		
		Division of township into districts - Territory taken from special
charter district. The trustees of schools in newly organized townships shall
divide the township into school districts to suit the wishes or convenience
of a majority of the inhabitants of the township, and shall prepare or cause
to be prepared a map of the township, on which the district or districts
shall be designated by their respective numbers. The trustees of schools
shall also cause any territory taken from a school district acting under
a special charter to be formed and established into a school district to
be governed under such general school laws of the State within thirty days
from the time such territory is taken from the district acting under a special
charter; and the trustees shall order an election for the purpose of electing
directors for such district and shall certify such offices
within ten days after the organization thereof.  The first election shall
be held at the next regular election for school district officers, and until
the directors elected at that time take office, the Regional Superintendent
may fill the office by appointment.  If such territory has not sufficient
inhabitants and children to establish and maintain a school, the trustees
may annex it to an adjoining district or districts.
(Source: P.A. 81-1490.)
(105 ILCS 5/5-32) (from Ch. 122, par. 5-32)
Sec. 5-32. Failure to maintain schools - Transportation and tuition. If any school district other than a non-high school district shall for 1
year fail to maintain within the boundaries of the school district a
recognized public school as required by law, such district shall become
automatically dissolved and the property and territory of such district
shall be disposed of in the manner provided for the disposal of
territory and property in Section 7-11 of this Act.  However, a school
district shall not be dissolved where the State Board of Education and the
regional superintendent of the region in which a
district has legally authorized the building of a school and legally
selected a school house site and has issued bonds for such building
shall jointly find and certify that such building has been authorized,
site selected and bonds issued.
If a district has its territory included within a petition to form a
community unit district under Article 11E of this Code, that district may
not be dissolved under this Section until the end of the school year in
which all proceedings relating to formation of that community unit
district are finally concluded, whether by disallowance of the petition,
by referendum, by a final court decision or otherwise.  Until such
proceedings are finally concluded, the regional superintendent having
jurisdiction of the district that is not maintaining a recognized school
shall assign the pupils of that district to an adjoining school
district, subject to the
requirement that the district from which the pupils are so assigned
shall pay tuition for such pupils to the district to which the pupils
are assigned, in accordance with Section 10-20.12a of this Act or in
such lesser amount as may be agreed to by the 2 districts.
However, until July 1, 1969 or one year after the entry of a final
decision by a court of competent jurisdiction in the event of litigation
with respect to any of the matters set forth in this Section, whichever
is the later, notwithstanding the provisions of this Section, any
protectorate high school district composed of contiguous and compact
territory having not less than 2,000 inhabitants and which has an
equalized assessed valuation of not less than $6,000,000, shall be and
remain a protectorate high school district if a majority of the pupils
attend a high school in a special charter district maintaining grades 1
through 12 and if during that period the voters of the district, by
referendum to be ordered by the board, vote in favor of the proposition that
such district maintain and operate a high school within such district,
and also authorize the purchase of a school site, the building of a
school building and the issuance of bonds for such purpose, which bonds
are duly issued. The Board shall certify the proposition to the proper
election authorities for submission, in accordance with the general
election law.
The proposition to maintain and operate a high school within such
district shall be in substantially the following form:
--------------------------------------------------------------
Shall ......................
High School District Number ......,     YES
........... County, Illinois,
maintain and operate a high school   -------------------------
within that High School
District and for the benefit            NO
of the pupils residing therein?
--------------------------------------------------------------
and is approved if a majority of the voters voting on the proposition is
in favor thereof.  The proposition of purchasing a school site, the
building of a school building and the issuance of bonds for such purpose
shall be submitted to the voters and may be voted upon at the same election
that the proposition of maintaining and operating a high school within the
district is submitted or at any regularly scheduled election subsequent
thereto as may be
ordered by the board. Thereupon, that protectorate high school
district shall thereafter exist as a community high school district and
possess and enjoy all of the powers, duties and authorities of a
community high school district  under Article 12 of this Act.
Throughout its existence as a protectorate district and until the
legal voters residing in the district have determined to maintain and
operate a high school within the district and have been authorized to
purchase a school site, build a school building and to issue bonds for
such purpose and which bonds are duly issued, or until the dissolution
of the district as required by this Section, such protectorate district
may use its funds to pay for the tuition and transportation of the
pupils in such district that attend a high school in a special charter
district maintaining grades 1 through 12.  A protectorate high school
district is defined to be a district which does not own or operate its
own school buildings.
(Source: P.A. 94-1019, eff. 7-10-06.)
(105 ILCS 5/5-34) (from Ch. 122, par. 5-34)
Sec. 5-34. 
		
		Evidence of indebtedness not in proper form-Securities insufficient-
Action taken.
When any county superintendent of schools notifies the trustees of
schools of a township, in writing, that the notes, bonds, mortgages or
other evidences of indebtedness which have been taken officially by the
township treasurer are not in proper form, or that securities which he has
taken are insufficient, the trustees shall at once take such action as may
be necessary to protect the property or fund of the township and the
district. For a failure or refusal to take such action within 20 days after
such notice the trustees of schools, each in his individual capacity, shall
be guilty of a petty offense and shall be liable to a fine of not less than
twenty-five nor more than one hundred dollars, to be recovered before any
circuit court, which when collected shall be paid to the county
superintendent of the proper county for the use of the schools. The payment
of this fine shall not relieve the trustees from any civil liability they
may have incurred from such neglect of duty.
(Source: P.A. 77-2267.)
(105 ILCS 5/5-35) (from Ch. 122, par. 5-35)
Sec. 5-35. 
		
		Liability of trustees for sufficiency of securities taken from township
treasurer.
Trustees of schools shall be liable, jointly and severally, for the
sufficiency of securities taken from township treasurers; and in case of
judgment against any treasurer and his sureties for or on account of any
default of such treasurer, on which the money is not made for want of
sufficient property whereon to levy for the enforcement of a judgment,
a civil action may be
maintained against the trustees, jointly and severally, and the amount not
collected on the judgment shall be recovered with costs of the action from such
trustees. If the trustees can show, satisfactorily, that the security taken
from the treasurer, was, at the time it was taken, sufficient, they shall
not be held liable.
(Source: P.A. 84-546.)
(105 ILCS 5/5-36) (from Ch. 122, par. 5-36)
Sec. 5-36. 
		Failure to follow law as to distribution when new district formed.
If the trustees of schools fail to observe the provisions of this Act in
reference to the distribution of funds and property when a new district is
formed, they shall be individually and jointly liable to the district
interested, in a civil action to the full amount of the damages sustained
by the district aggrieved.
(Source: Laws 1961, p. 31.)
(105 ILCS 5/5-37) (from Ch. 122, par. 5-37)
Sec. 5-37. 
		Returns of children-Penalty for failure or false return.
Any trustee of schools who fails or refuses to make returns of children
in his township according to the provisions of this Act, or who knowingly
makes a false return thereof, is guilty of a petty offense and shall be
liable to a fine of not less than $10.00 nor more than $100.00, to be
recovered by an action before the circuit court of the county; which
penalty, when collected, shall be added to the distributive fund of the
township in which the trustee resides.
(Source: P.A. 77-2267.)
(105 ILCS 5/5-38)
Sec. 5-38. Publication of information.
(a) As used in this Section:
"Accounting book value" means the value carried on the accounting records of the township school treasurer as of the last day of a calendar quarter.
"Annual total compensation" means the total cost to taxpayers for the services of the identified individual during the most recently completed fiscal year.
"Investment instrument" means an individual investment security as provided for under the Uniform Commercial Code or the aggregate value of all shares held in an individual investment fund or pooled account.
"Investment rate of return" means:
(1) for fixed interest-bearing securities, the stated     or calculated annual interest rate; and
(2) for cash accounts and all other investment     instruments, the actual income earned during the previously ending quarter, multiplied by 4, then divided by the accounting book value, expressed as a percentage.
"Township school treasurer" means an individual hired by the trustees of schools to perform the statutory role of treasurer for school districts within the township.
(b) Trustees of schools in Class II county school units shall maintain an Internet website on which all of the following information shall be available for public viewing:
(1) The name, term of office, and means of public     contact for each trustee.
(2) The dates, times, and locations of all trustees     of schools meetings to be held during the current fiscal year.
(3) The agenda for each trustees of schools meeting,     posted at least 48 hours in advance of the meeting.
(4) The approved minutes of all trustees of schools     meetings held within the current and previous 2 fiscal years, posted no later than 100 days after the meeting date.
(5) The annual total compensation of each trustee and     township school treasurer, itemized by salary and wages, retirement contributions, insurance premiums, vehicle and mileage allowances, deferred compensation, all other compensation, and total compensation for each individual. The fiscal year for which the amounts apply shall also be reported.
(6) The address and contact information for the     township school treasurer's office.
(7) The audited financial statements for the prior 3     fiscal years.
(8) The budget for the current fiscal year, posted no     later than September 30 of each year.
(9) Contracts in effect with a value over $25,000.
(10) Collective bargaining agreements in effect.
(c) Township school treasurers in Class II county school units shall submit to each school district that they serve, within 30 days after the end of each calendar quarter, an investments report that includes all of the following:
(1) A list of each cash account and investment     instrument held by the treasurer as of the last day of the calendar quarter and the accounting book value, investment rate of return, and maturity date, if any, of each.
(2) A copy of the trustees of schools investment     policy under which the township school treasurer operated during the quarter.
(Source: P.A. 102-346, eff. 8-13-21.)