HB5759 102ND GENERAL ASSEMBLY

LRB102 27756 RJT 39554 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5759

Introduced 11/16/2022, by Rep. Kambium Buckner

SYNOPSIS AS INTRODUCED:

105 ILCS 5/34-3

from Ch. 122, par. 34-3

Amends the School Code. Provides that any vacancy in the membership of the Chicago Board of Education shall be filled through appointment by the Mayor for the unexpired term within 30 days (rather than no time limitation). Effective immediately.

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by changing Section 34-3 as follows:

(105 ILCS 5/34-3) (from Ch. 122, par. 34-3)

(Text of Section before amendment by P.A. 102-177)

Sec. 34-3. Chicago School Reform Board of Trustees; new Chicago Board of Education; members; term; vacancies.

(a) Within 30 days after the effective date of this amendatory Act of 1995, the terms of all members of the Chicago Board of Education holding office on that date are abolished and the Mayor shall appoint, without the consent or approval of the City Council, a 5 member Chicago School Reform Board of Trustees which shall take office upon the appointment of the fifth member. The Chicago School Reform Board of Trustees and its members shall serve until, and the terms of all members of the Chicago School Reform Board of Trustees shall expire on, June 30, 1999 or upon the appointment of a new Chicago Board of Education as provided in subsection (b), whichever is later. Any vacancy in the membership of the Trustees shall be filled through appointment by the Mayor, without the consent or approval of the City Council, for the unexpired term. One of the members appointed by the Mayor to the Trustees shall be designated by the Mayor to serve as President of the Trustees. The Mayor shall appoint a full-time, compensated chief executive officer, and his or her compensation as such chief executive officer shall be determined by the Mayor. The Mayor, at his or her discretion, may appoint the President to serve simultaneously as the chief executive officer.

(b) Within 30 days before the expiration of the terms of the members of the Chicago Reform Board of Trustees as provided in subsection (a), a new Chicago Board of Education consisting of 7 members shall be appointed by the Mayor to take office on the later of July 1, 1999 or the appointment of the seventh member. Three of the members initially so appointed under this subsection shall serve for terms ending June 30, 2002, 4 of the members initially so appointed under this subsection shall serve for terms ending June 30, 2003, and each member initially so appointed shall continue to hold office until his or her successor is appointed and qualified. Thereafter at the expiration of the term of any member a successor shall be appointed by the Mayor and shall hold office for a term of 4 years, from July 1 of the year in which the term commences and until a successor is appointed and qualified. Any vacancy in the membership of the Chicago Board of Education shall be filled through appointment by the Mayor for the unexpired term within 30 days after the vacancy occurs. No appointment to membership on the Chicago Board of Education that is made by the Mayor under this subsection shall require the approval of the City Council, whether the appointment is made for a full term or to fill a vacancy for an unexpired term on the Board. The board shall elect annually from its number a president and vice-president, in such manner and at such time as the board determines by its rules. The officers so elected shall each perform the duties imposed upon their respective office by the rules of the board, provided that (i) the president shall preside at meetings of the board and vote as any other member but have no power of veto, and (ii) the vice president shall perform the duties of the president if that office is vacant or the president is absent or unable to act. The secretary of the Board shall be selected by the Board and shall be an employee of the Board rather than a member of the Board, notwithstanding subsection (d) of Section 34-3.3. The duties of the secretary shall be imposed by the rules of the Board.

(c) The board may appoint a student to the board to serve in an advisory capacity. The student member shall serve for a term as determined by the board. The board may not grant the student member any voting privileges, but shall consider the student member as an advisor. The student member may not participate in or attend any executive session of the board.

(Source: P.A. 94-231, eff. 7-14-05.)

(Text of Section after amendment by P.A. 102-177)

Sec. 34-3. Chicago School Reform Board of Trustees; new Chicago Board of Education; members; term; vacancies.

(a) Within 30 days after the effective date of this amendatory Act of 1995, the terms of all members of the Chicago Board of Education holding office on that date are abolished and the Mayor shall appoint, without the consent or approval of the City Council, a 5 member Chicago School Reform Board of Trustees which shall take office upon the appointment of the fifth member. The Chicago School Reform Board of Trustees and its members shall serve until, and the terms of all members of the Chicago School Reform Board of Trustees shall expire on, June 30, 1999 or upon the appointment of a new Chicago Board of Education as provided in subsection (b), whichever is later. Any vacancy in the membership of the Trustees shall be filled through appointment by the Mayor, without the consent or approval of the City Council, for the unexpired term. One of the members appointed by the Mayor to the Trustees shall be designated by the Mayor to serve as President of the Trustees. The Mayor shall appoint a full-time, compensated chief executive officer, and his or her compensation as such chief executive officer shall be determined by the Mayor. The Mayor, at his or her discretion, may appoint the President to serve simultaneously as the chief executive officer.

(b) This subsection applies until January 15, 2025. Within 30 days before the expiration of the terms of the members of the Chicago Reform Board of Trustees as provided in subsection (a), a new Chicago Board of Education consisting of 7 members shall be appointed by the Mayor to take office on the later of July 1, 1999 or the appointment of the seventh member. Three of the members initially so appointed under this subsection shall serve for terms ending June 30, 2002, 4 of the members initially so appointed under this subsection shall serve for terms ending June 30, 2003, and each member initially so appointed shall continue to hold office until his or her successor is appointed and qualified.

(b-5) On January 15, 2025, the terms of all members of the Chicago Board of Education appointed under subsection (b) are abolished when the new board, consisting of 21 members, is appointed by the Mayor and elected by the electors of the school district as provided under subsections (b-10) and (b-15) and takes office.

(b-10) By December 16, 2024 for a term of office beginning on January 15, 2025, the Mayor shall appoint 10 Chicago Board of Education members to serve terms of 2 years. All appointed members shall serve until a successor is appointed or elected and qualified. Thereafter at the expiration of the term of any member a successor shall be elected and shall hold office for a term of 4 years, from January 15 of the year in which the term commences and until a successor is appointed or elected and qualified. Any vacancy in the appointed membership of the Chicago Board of Education shall be filled through appointment by the Mayor for the unexpired term within 30 days after the vacancy occurs. The terms of the 10 appointed members under this subsection shall end on January 14, 2027. By December 16, 2024 for a term of office beginning on January 15, 2025, the Mayor shall appoint a President of the Board for a term of 2 years. The board shall elect annually from its number a vice-president, in such manner and at such time as the board determines by its rules. The president appointed by the Mayor and vice-president elected by the board shall each perform the duties imposed upon their respective office by the rules of the board, provided that (i) the president shall preside at meetings of the board and shall only have voting rights to break a voting tie of the other Chicago Board of Education elected and appointed members and (ii) the vice president shall perform the duties of the president if that office is vacant or the president is absent or unable to act. Beginning with the 2026 general election, one member shall be elected at large and serve as the president of the board. After January 15, 2027, the president shall preside at meetings of the board and vote as any other member but have no power of veto. The secretary of the Board shall be selected by the Board and shall be an employee of the Board rather than a member of the Board, notwithstanding subsection (d) of Section 34-3.3. The duties of the secretary shall be imposed by the rules of the Board.

(b-15) Beginning with the 2024 general election, 10 members of the Chicago Board of Education shall be elected to serve a term of 4 years in office beginning on January 15, 2025. Beginning with the 2026 general election, 10 members of the Chicago Board of Education shall be elected to serve a term of 4 years in office beginning on January 15, 2027. Whenever a vacancy of a Chicago Board of Education elected board member occurs, the President of the Board shall notify the Mayor of the vacancy within 7 days after its occurrence and shall, within 30 days, fill the vacancy for the remainder of the unexpired term by majority vote of the remaining board members. The successor shall have the same qualifications as his or her predecessor.

For purposes of elections conducted under this subsection, the City of Chicago shall be subdivided into electoral districts as provided under subsection (a) of Section 34-21.10. From January 15, 2025 to January 14, 2027, each district shall be represented by one elected member and one appointed member. After January 15, 2027, each district shall be represented by one elected member.

(b-30) No member shall have, or be an employee or owner of a company that has, a contract with the school district. No former officer, member, or employee of the board shall, within a period of one year immediately after termination of service on the board, knowingly accept employment or receive compensation or fees for services from a person or entity if the officer, member, or employee, during the year immediately preceding termination of service on the board, participated personally and substantially in the award of contracts with the board or the school district, or the issuance of contract change orders with the board or the school district, with a cumulative value of $25,000 or more to the person or entity, or its parent or subsidiary.

(c) The board may appoint a student to the board to serve in an advisory capacity. The student member shall serve for a term as determined by the board. The board may not grant the student member any voting privileges, but shall consider the student member as an advisor. The student member may not participate in or attend any executive session of the board.

(Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

Section 99. Effective date. This Act takes effect upon becoming law.