Public Act 103-0790 (effective August 9, 2024), amended the School Code to substantially change the role and selection of the township trustees of schools. First, any Cook County school district may now withdraw from the jurisdiction and authority of the trustees of schools of the township by a resolution adopted by at least two-thirds of the members of the school board. Upon the adoption and passage of such resolution, the board must elect or appoint its own school treasurer as provided in Section 8-1 of the School Code. The appointed school treasurer may include a township treasurer. The school board may enter into a contractual or intergovernmental agreement with an appointed school treasurer for school treasurer services.
Upon adoption and passage of the resolution and the election or appointment of a school treasurer commencing with the first day of the succeeding fiscal year, but not prior to July 1, 2025: (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.
Second, there will be no future elections for school trustees, but trustees elected or appointed on or before April 4, 2023, may complete the term to which that trustee was elected or appointed. The school boards of each school district in Cook County must appoint one member of the school board or one school employee to serve as trustee of schools of the township in which such school district is located. The trustees of schools shall be appointed by each school board by October 8, 2024, and shall reorganize within 30 days after all the trustees of schools have been appointed or by November 7, 2024, whichever is sooner. A trustee of schools shall serve at the pleasure of the school board that appointed the trustee of schools but may not serve as a trustee of schools for longer than 2 years unless reappointed by the school board.
Any school boards of Cook County districts currently under the jurisdiction of a township trustees of schools should immediately appoint a school board member or employee to serve as trustee of schools of the township, by no later than October 8, 2024. Some districts have received a template resolution from their township treasurers to appoint a trustee, which we would be happy to review for your district if desired. In addition, all Cook County school boards may now consider whether to adopt a resolution withdrawing the school district from the jurisdiction and authority of the trustees of schools of the township.
Please contact a member of our Board Governance/Corporate practice group with questions.
Source: Public Act 103-0790
