VOL. XV, NO. 7
FEBRUARY 8, 1974
Legal Action Line
Q. What is the minimum age to run for a seat on the school board? Can a board permit students to be voting members? Can these laws be changed?
- Niles East H.S.
A. State law says that, to run for a school board, a candidate must "be of voting age, 21." When the voting age was changed to 18, two courses of action were open to the state: to keep the minimum age for candidates at 21 or to lower it. No new legislation was passed; the Illinois Attorney General simply cleared up the confusion by announcing that the age minimum would remain at 21. Obviously, his ruling is subject to challenge. It could easily be argued in court that the intent of the legislature was to make the school‑board‑age coincide with the voting age. Whether such a challenge would succeed is anyone's guess.
- Niles East H.S.
A. State law says that, to run for a school board, a candidate must "be of voting age, 21." When the voting age was changed to 18, two courses of action were open to the state: to keep the minimum age for candidates at 21 or to lower it. No new legislation was passed; the Illinois Attorney General simply cleared up the confusion by announcing that the age minimum would remain at 21. Obviously, his ruling is subject to challenge. It could easily be argued in court that the intent of the legislature was to make the school‑board‑age coincide with the voting age. Whether such a challenge would succeed is anyone's guess.
A candidate for a school board must also be a U.S. citizen who has lived in the district for at least a year - except in Chicago. There, to be eligible for appointment, prospective board members must be at least 30 years old and must have resided in the city for five years.
No school board may allow any ineligible person to be a voting member; eligibility is determined by the Illinois School Code. This effectively eliminates any possibility of students sitting as voting members. Of course, the eligibility requirements could be attacked in court as being unfairly discriminatory. But, realistically, the laws would probably hold up. The only provision that students have even a ghost of a chance of knocking out is the age provision - a good case could be made for 18.
No school board may allow any ineligible person to be a voting member; eligibility is determined by the Illinois School Code. This effectively eliminates any possibility of students sitting as voting members. Of course, the eligibility requirements could be attacked in court as being unfairly discriminatory. But, realistically, the laws would probably hold up. The only provision that students have even a ghost of a chance of knocking out is the age provision - a good case could be made for 18.
