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The school law of Illinois, enacted by the Forty-sixth General Assembly online

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$2,000,000, annually, out of the State School Fund, to pay the amount
of the Auditor's orders for the distribution of said fund to the several
counties, and for the payment of the salary of county superintendents
of schools as now provided by law. The Auditor shall issue his warrants
to the State Treasurer on the proper evidence that the amount distributed
has been paid to the county superintendents.

APPROVED June 10, 1911.



TRANSFERS AND TRANSPORTATION.

AN ACT to amend section 121 of "An Act to establish and maintain a
system of free schools," approved June 12, 1909.

SECTION 1. Be it enacted by the People of the State of Illinois, repre-
sented in the General Assembly: That section 121 of "An Act to estab-
lish and maintain a system of free schools," approved June 12, 1909, be
amended to read as follows :

121. Pupils may be transferred from one district to another upon
the written consent of a majority of the directors of each district, which
written consent shall be filed with the treasurer and shall be evidence
of such consent. The duty of collecting the amount due on account of
pupils transferred shall devolve upon the directors of the district in
which the school was taught. Whenever the number of children between
the ages of 6 and 16 years in any district school shall be fewer than six,
it shall be lawful for the directors of such district to arrange for the



transfer of pupils and, when necessary, provide free transportation for
them to a neighboring school. Such transfer and free transportation
shall be held to be a compliance with paragraph 9 of section 114 of this
Act, entitling the said district to receive its share of the funds distributed
in accordance with section 35 of this Act.
APPROVED June 2, 1911.



PUBLIC DRINKING CUPS.

AN ACT to prohibit the use of a common drinking cup, glass or other
utensil used for public drinking purposes in public and private schools.
State educational institutions * * * and in other public places
in the State of Illinois.

SECTION 1. Be it enacted by the People of the State of Illinois, repre-
sented in the General Assembly: That it shall be unlawful for any
person, firm or corporation, directly or indirectly, connected in any
public or private school or in any State educational institution
to use or permit for use a common drinking cup, glass or other utensil

used for public drinking purposes.

* * *****

3. No person, firm or corporation in charge of or in control of any
public or private school, or any State educational institution * * *
shall furnish any drinking cup, glass or other utensil used for public
drinking purposes for public use, nor shall such person or corporation
or institution use or have for use in or upon its premises any such
common drinking cup.

4. Any person, firm or corporation who shall violate any of the
provisions of this Act shall, upon conviction, be fined for each offense
the sum of not less than five dollars nor more than fifty dollars.

APPROVED June 5, 1911.



TOWNSHIP HIGH SCHOOL ELECTIONS.

AN ACT to amend sections 85 and 86 of an Act entitled, "An Act to

establish and maintain a system of free schools," approved and in force

June 12, 1909.

SECTION 1. Be it enacted by the People of the State of Illinois, repre-
sented in the General Assembly: That sections 85 and 86 of an Act
entitled, "An Act to establish and maintain a system of free schools,"
approved and in force June 12, 1909, be and the same are hereby
amended so as to read as follows:

85. Upon the receipt of a petition signed by at least 50 legal
voters of any school township, it shall be the duty of the treasurer to
give notice of an election to be held at the next regular election of
trustees for the purpose of voting "for" or "against" the proposition to
establish a township high school. Notice of such election shall be posted



in at least ten of the most public places throughout the township for
at least ten days before the day of such regular election, and may be
in the following form:

NOTICE OF ELECTION.

Notice is hereby given that on Saturday, the day of April,

19 . . . ., an election will be held at for the purpose

of voting "for" or "against" the proposition to establish a township high

school for the benefit of township number , range number '.

The polls will be opened at o'clock .... m., and closed at

o'clock m.

A .....B :..

Township Treasurer.

The trustees of schools shall conduct the election, canvass and declare
the result. The ballots shall be in substantially the following form,
to-wit :



Tor the establishment of a township high school.




Against the establishment of a township high school.






The voter shall make an X or cross mark in the square following and
opposite the proposition favored, and the ballot shall be so counted.

86. If a majority of the votes cast shall be in favor of establishing
a township high school it shall be the duty of the treasurer to call a
special election on any Saturday within sixty days for the purpose of
electing a township high school board of education, to consist of five
members, notice of which election shall be given for the same time and
in the same. manner as provided in the election of trustees of schools.
The members elected shall determine by lot, at their first meeting, the
length of term each is to serve. Two of the members shall serve for one
year, two for two years- and one for three years from the second Satur-
day of April next preceding their election. At the expiration of the
term of office of any member or members, a successor or successors shall
be elected, each of whom shall serve for three years, which subsequent
election shall be held on the second Saturday in April. In case of a
vacancy the board of education shall call an election without delay, to
be held on any Saturday. Within ten days after their election the
members of the township high school board of education shall meet and
organize by electing one of their number president, and by electing a
secretary. It shall be the duty of such high school board of education
to establish, at some central point most convenient to a majority of the
pupils of the township, a high school for the education of the more
advanced pupils.

APPROVED June 6, 1911.



The annual election for the purpose of selecting members of township
high school boards of education must be held, hereafter, on the second
Saturday in April, and be conducted by the township high school board
of education. Elections to fill vacancies may be held on any Saturday.



TOWNSHIP HIGH SCHOOLS.

'Ax ACT to amend section 88 of an Act entitled, "An Act to establish

and maintain a system- of free schools/' approved and in force June

12, 1909.

-SECTION 1. Be it enacted by the People of the State of Illinois, repre-
sented in the General Assembly: That section 88 of an Act entitled,
"An Act to establish and maintain a system of free schools," approved
and in force June 12, 1909, be and the same is hereby amended so as
to read as follows :

88. The inhabitants of any territory composed of parts of adjoin-
ing townships may create such territory into a high school district by a
petition signed by at least 50 legal voters and >an affirmative vote- in
such territory, and may elect a board of education therefor, as in other
high school districts. When part of a township has been included in
any high school district pursuant to any of the provisions of this Act,
the remainder of such township, not included in any high school dis-
trict, shall constitute a township for high school purposes.

APPROVED June 5, 1911.



TOWNSHIP HIGH SCHOOL DISTRICTS.

AN ACT to authorize the organization of high school districts.

SECTION 1. Be it enacted by the People of the State of Illinois, repre-
sented in the General Assembly: That any school township that con-
tains a school district having a population of 1,000 or more and not
exceeding 100,000 inhabitants, whether operating under the general
school law or governed by virtue of a special Act, may be organized into
a high school district by submitting the proposition to a vote of the
people at a general or special election.

2. Upon receipt of a petition signed by 50 or more legal voters
the county superintendent of schools of the county in which the town-
ship or the greater part of the territory described in the petition is sit-
uated, shall forthwith order an election to be held for the purpose of
voting "for" or "against" the proposition to establish a township hi<rh
school, by posting notices for at least 10 days in 10 of the most public
places throughout the township or territory, which notices may be sub-
stantially as follows:

NOTICE OF ELECTION.

Notice is hereby given that on the

day of , 1 , an election will be held at

for the purpose of voting "for" or



"against" the proposition to establish a township high school for the

benefit of the inhabitants of township (or territory)

The polls will be opened at o'clock m., and closed at

o'clock m.

A B

County Superintendent

In townships divided equally by county lines, the elections shall be in
charge of the superintendent of schools of the county in which the
16th section is situate.

3. The elections required by this Act shall be conducted by the
trustees of schools, boards of education or boards of directors, designated
by the county superintendent of schools, to whom all returns shall be
made within 5 days. The ballots shall be in substantially the following
form, to-wit:



For the establishment of a township high school




Against the establishment of a township high school





The voter shall make an X or cross-mark in the square following and
opposite the proposition favored, and the ballot shall be so counted.

4. If a majority of the votes cast shall be in favor of establishing
a township high school, the county superintendent of schools shall forth-
with order an election to be held within 30 days, for the purpose of
selecting a township high school board of education to consist of a pres-
ident and 6 members, by posting notices for at least 10 days in 10 of the
most public places throughout the township or territory, which notice*
may be substantially as follows:

NOTICE OF ELECTION.

Notice is hereby given that on , the day

of , an election will be held at

for the purpose of electing a township high school board of education,
to consist of a president and 6 members. The polls will be opened at
o'clock m., and closed at o'clock m.

A B :

County Superintendent.

Two of the members shall be elected for one year, two for two years,
and two for three years, and each year thereafter two members shall be
elected to serve for three years. The president shall be elected annually.
Ail subsequent elections shall be held on the second Saturday of April,
annually.

5. For the purpose of supporting a high school, the township or
territory for the benefit of which a high school is established under the
provisions of this Act, shall be regarded as a school district, and the



8

board of education thereof shall, in all respects, have the powers and
discharge the duties of boards of education elected under the general
school law.

6. The inhabitants of any contiguous and compact territory,
whether in the same or different townships, upon a petition signed by at
least 50 legal voters and an affirmative vote in such territory, may estab-
lish, in the manner provided by this Act, a township high school for the
benefit of the inhabitants of the territory described in the petition.

7. A school district or any part thereof, adjoining a high school
district organized pursuant to this Act, may be annexed to such high
gchool district and become a part thereof, by a concurrent resolution
adopted by the boards in each district. Before the resolution shall take
effect, however, the proposition shall be submitted, under the provisions
of this Act, to a vote of the people of the territory desiring annexation,
and a majority of the votes cast shall be required in order to adopt such
resolution.

APPROVED June 6, 1911.



TEACHERS' PENSION FUND.

Aisr ACT to amend an Act entitled, "An Act to establish a system of free
schools" approved and in force June 12, 1909, by adding thereto
fourteen sections, to be known as sections 127a, 1211, 127c, 127d,
127e, 127f, 127g, 127h, 127i, 127 j, 187k, 1271, 127m and 127n.
SECTION 1. Be it enacted by the People of the State of .Illinois, repre-
sented in the General Assembly: That "An Act to establish and main-
tain a system of free schools," approved and in force June 12, 1909, be
and the same is hereby amended by adding thereto fourteen sections, to
be known as sections 127a, 127b, 127c, 127d, 127e, 127f, 127g, 127h,
127i, 127j, 127k, 1271, 127m and 127n, which shall read as follows:

127a. The board of education may establish and maintain a
teachers' pension and retirement fund. Said board of education of
said district .shall cause to be elected a board of management for the
purpose of carrying out the provisions of this Act. Said board of man-
agement shall consist of either three or nine members, as said board of
education shall determine. Two-thirds of the membership of said board
of management shall consist of members of the active teaching force of
said district, who are contributors to said pension and retirement fund
and they shall be elected by the members of the active teaching force of
said district who are contributors to said pension and retirement fund,
in such manner and for such terms, as said board of education shall
determine. One-third of the membership of said board of management
shall consist of members of the board of education, to be selected by
such board of education for such terms as said board may determine.

127b. The teachers' pension and retirement fund shall consist of
moneys contributed . by teachers desiring its benefits under the provi-
sions of this Act; of moneys received from donations, legacies, gifts,
bequests and otherwise, and of moneys paid into said fund in pursuance
of any law now in force or hereafter enacted.



f UMl

9



127c. The board of education shall have charge of such fund an<
shall invest the same in the manner prescribed by section 72 of this
Act, and shall have power to make payments from such fund of pensions
and annuities granted in pursuance of this Act; and shall adopt such
by-laws, rules and regulations for administering the fund as it shall
deem advisable.

127d. Any person who shall be employed to teach in the public
schools of the district after this Act shall take effect shall be entitled
to the benefits of the fund upon complying with the provisions of this
Act, and for the purpose of this Act such persons shall be divided into
the following classes :

First Those who Rave taught five years or fewer than five years.

Second Those who have taught more than five years and not more
than ten years.

Third Those who have taught more than ten years and not more
than fifteen years.

Fourth Those who have taught more than fifteen years.

After this Act shall .take effect, there shall be set apart from the
salaries of all persons in the employ of the board of education as teachers,
$5.00 per annum while they remain in the first class; $10.00 per annum
while they remain in the second class; $15.00 per annum while they
remain in the third class, and $30.00 per annum while they remain in
the fourth class, which amounts shall be deducted by the board of educa-
tion in equal installments from their respective ^alaries at the regular
times for the payment thereof, and be paid into and constitute a part
of the teachers 7 pension and retirement fund of the district.

127e. Teachers who become contributors to and beneficiaries of the
pension and retirement fund, under any provisions of this Act, may
count past services as a part of the. period of twenty-five years herein-
after specified, by paying into the fund a sum equal to that which he
or she would have contributed under the provisions of this Act, had he
or she been a regular contributor to said fund during said period of
past service, together with interest thereon at the rate of 4 per centum
per annum from the time such payments would have been made to the
time such person shall, by making such payment, become entitled to
the benefits of such past service.

127f. The board of management slia-ll adopt a resolution declaring
the maturity of service and right to the immediate benefits of the fund
in favor of persons entitled to the benefits thereof in the following
cases :

First When any such persons shall have taught in the public schools
for a period of twenty-five years within the meaning of this Act.

Second When any contributor to the fund shall have taught fifteen
years in the public schools within the meaning of this Act and shall
have been declared by three competent physician?, who have made a
physical examination of the teacher, at the request of the board of man-
agement, to be suffering from a permanent disability: Provided, how-
ever., that the board of management shall not declare any contributor
entitled to the immediate benefits of the fund until he or she shall have



10

taught in the public schools of the district three-fifths of the term of
service of twenty-five or fifteen years, as the case may be: And, pro-
vided, further, that no person shall be entitled to the benefits of the
fund* until he or she shall have retired from service as a teacher.

127g. Each teacher so retired or retiring after twenty-five years of
service shall be entitled thereafter to receive an annuity, of not to exceed
$400.00, and each teacher so retired because of permanent disability
after fifteen years of service shall receive as an annual pension such
proportion of the full annuity of $400.00 as the sum contributed by
such teacher so retired bears to the total contributions required for a
full annuity. Pensions and annuities shall be paid monthly during the
school year out of the fund created in accordance with the provisions
of this Act, in the manner provided by law for the payment of the
salaries of teachers.

127h. The president and secretary of the board of education shall
certify monthly to the treasurer all amounts deducted from the salaries
of teachers, special teachers, principals and superintendents, in accord-
ance with the provisions of this Act, which amounts, together with all
other moneys contributed to the fund, shall be set apart and held by
the treasurer of the district as a special fund for the purposes herein
specified, and shall be paid out on recommendation of the board of
management upon warrants signed by the president and secretary of the
board of education.

1271. The treasurer of the district shall be ex officio the custodian
of the pension and retirement fund and shall hold the same subject to
the control and direction of the board of education, in accordance with
the provisions of this Act. The treasurer shall keep his books and
accounts concerning such fund in the manner prescribed by the board
of education and his books and accounts shall be subject to the inspec-
tion of the board or any member thereof. The treasurer shallbe liable
on his official bond for the proper performance of his duties and the
conservation of the fund created by this Act. Any legal proceedings
which may be necessary for the enforcement of the provisions of this
Act shall be brought by and in the name of the board of education for
the use of the pension and retirement fund.

127 j. If, at any time, a teacher who is willing to continue is not
reemployed or is discharged before the time he or she would be entitled
to a pension under the provisions of this Act, then such teacher shall
be refunded the money he or she may have contributed. Any teacher
who shall retire voluntarily from the service prior to entering the fourth
class shall receive a refund of one-half the money he or she will have
contributed.

127k. All persons who shall be employed as teachers by the board
of education shall accept the provisions of this Act by such employment,
and thereupon become contributors to the pension and retirement fund
in accordance with the terms thereof. And the provisions of this Act
shnll become a part of and enter into any such contract of employment.

1271. All pensions or annuities granted under the provisions of this
Act, and every portion thereof, shall be exempt from attachment or



11

garnishment process, and shall not be seized, taken, subjected to, detained
or levied upon by virtue of any execution, or any process or proceedings
whatsoever issued out of or by any court in this State for the payment
of satisfaction in whole or in part of any debt, claim, damage, demand
or judgment against any pensioner hereunder, and no annuitant or pen-
sioner shall have the right to transfer or assign his or her pension or
annuity, or any part thereof, either by way of mortgage or otherwise.

127m. The treasurer shall not be entitled to retain any interest
accruing from the pension and retirement fund, but such interest shall
be covered into such fund, become a part thereof and be subject to the
purposes of this Act. The treasurer shall also set aside annually all
interest accruing from the district funds of the district, whether levied
for educational or building purposes, and shall add such interest to th
pension and retirement fund.

127n. In any school district where there is not sufficient revenue
to maintain a teachers' pension fund under the foregoing sections, such
school district may, by a majority vote, ' establish a fund for the retire-
ment of teachers who are over 50 years old and who have faithfully
served such district for twenty-five years. The fund shall be derived
from such revenues as may be devoted to the purpose by the directors
of a district or by direct appropriation by a town. The amount of the
annual pension allowed to any person under the provisions of this section
shall not exceed one-half the annual compensation received by such
person at the time of retirement and in no case shall exceed four hun-
dred dollars ($400.00).

APPROVED June 6, 1911.



TEACHERS PENSION FUND.

AN ACT to amend an Act entitled, f( An Act to establish and maintain
a system of free schools," approved and in force June 12, 1909, by
adding thereto two sections to be known respectively as sections 156a
and 1561.

SECTION 1. Be it enacted by the People of the State of Illinois, repre-
sented in the General Assembly: That an Act entitled, "An Act to
establish and maintain a system of free schools," approved and in force
June 12, 1909, be and the same is hereby amended by adding thereto
two additional sections to be known as sections 156a and 156b, to read
as follows:

156a. All persons who have heretofore been contributors to a
public school teachers' pension and retirement fund of cities having a
population exceeding 100,000 inhabitants, under any law now in force
but who have withdrawn from such participation, may, if they shall
exercise the option on or before the first day of July in the year of our
Lord one thousand nine hundred and twelve, renew their right to par-
ticipation in a fund to be created in said city under the provisions of
this Act, by paying into said fund the full amount of any moneys they
may have withdrawn from such previous fund and the full amount they



12

would have contributed had they not withdrawn therefrom together with
interest thereon at the rate of 4 per cent per annum from the time such
moneys were withdrawn and from the time such payments would have
become due to the date of their acceptance of the provisions of this sec-
tion; and thereafter such persons shall contribute to said fund upon the
same terms as teachers who shall hereafter be employed and become
contributors to and beneficiaries of said fund: Provided, however, that
such persons who shall be re-employed by said board of education as
such teachers on or after July 1, 1911, may, if they shall exercise such
option within one year after such re-employment, renew their right to
participation in such fund upon the same terms and conditions afore-
said.

l)6b. All teachers who are now in the service of the board of
education of any such city, other than those described in the previous
section, may, if they shall exercise the option on or before the first day
of July in the year of our Lord one thousand nine hundred and twelve,
become contributors to and beneficiaries of the public school teachers'
pension and retirement fund created under the provisions of this Act,


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Online Librarystatutes Illinois. LawsThe school law of Illinois, enacted by the Forty-sixth General Assembly → online text (page 11 of 12)