093_HB0751eng HB0751 Engrossed LRB093 05406 NHT 05496 b 1 AN ACT concerning schools. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing 5 Sections 2-3.105, 3-0.01, 3-1, 3-2, 3-2.5, 3-3, 3-15.6, 6 3-15.9, 3-15.10, 3A-2, and 3A-6 as follows: 7 (105 ILCS 5/2-3.105) (from Ch. 122, par. 2-3.105) 8 Sec. 2-3.105. Services to educational service regions 9 and school districts. 10 (a) Commencing July 1, 1994 and thereafter, the State 11 Board of Education through the office of the State 12 Superintendent of Education shall have and exercise, in and 13 with respect to each educational service region having a 14 population of 2,000,000 or more inhabitants, and in and with 15 respect to each school district located in any such 16 educational service region, all rights, powers, duties and 17 responsibilities theretofore vested in and exercised and 18 performed by the regional superintendent of schools in that 19 educational service region under the provisions of this Act 20 or any other law of this State. 21 (b) Beginning July 1, 2007, the State Board of Education 22 through the office of the State Superintendent of Education 23 shall have and exercise, in and with respect to an 24 educational service region serving that portion of a Class II 25 county outside a city of 500,000 or more population and in 26 and with respect to each school district located in that 27 educational service region, all rights, powers, duties, and 28 responsibilities theretofore vested in and exercised and 29 performed by the regional superintendent of schools and the 30 regional office of education in that educational service 31 region under the provisions of this Code or any other law of HB0751 Engrossed -2- LRB093 05406 NHT 05496 b 1 this State. 2 (Source: P.A. 87-654; 87-895; 87-1251.) 3 (105 ILCS 5/3-0.01) (from Ch. 122, par. 3-0.01) 4 Sec. 3-0.01. "County superintendent of schools" and 5 "regional superintendent of schools" defined - Application of 6 Article. 7 (a) Except as otherwise provided by subsection (b) or 8 (b-1), after the effective date of this amendatory Act of 9 1975, the chief administrative officer of an educational 10 service region shall be designated and referred to as the 11 "regional superintendent of schools" or the "regional 12 superintendent" and after the effective date of this 13 amendatory Act of 1993 the office held by the chief 14 administrative officer shall be designated and referred to as 15 the "regional office of education". For purposes of the 16 School Code and except as otherwise provided by subsection 17 (b) or (b-1), any reference to "county superintendent of 18 schools" or "county superintendent" means the regional 19 superintendent of schools. 20 (b) Subject to subsection (b-1), in educational service 21 regions containing 2,000,000 or more inhabitants, the office 22 of regional superintendent of schools is abolished on July 1, 23 1994. On and after that date in each educational service 24 region in which the office of regional superintendent of 25 schools is so abolished all rights, powers, duties and 26 responsibilities theretofore vested by law in, and exercised 27 and performed by the regional superintendent of schools and 28 by any assistant regional superintendents or other assistants 29 or employees in the office of the regional superintendent of 30 schools so abolished shall be vested in, exercised and 31 performed by the State Board of Education through the office 32 of the State Superintendent of Education. Upon abolition of 33 the office of regional superintendent of schools in an HB0751 Engrossed -3- LRB093 05406 NHT 05496 b 1 educational service region containing 2,000,000 or more 2 inhabitants: (i) all books, records, maps, papers and other 3 documents belonging to or subject to the control or 4 disposition of the former regional superintendent of schools 5 by virtue of his office shall be transferred and delivered to 6 the State Board of Education; (ii) possession or control over 7 all moneys, deposits and accounts in the possession or 8 subject to the control or disposition of the former regional 9 superintendent of schools by virtue of his office, including 10 but not limited to undistributed or unexpended moneys drawn 11 from, and all amounts on deposit in, the county, institute 12 and supervisory expense funds, shall be transferred to and 13 placed under the control and disposition of the State Board 14 of Education, excepting only those moneys or accounts, if 15 any, the source of which is the county treasury; and (iii) 16 all other equipment, furnishings, supplies and other personal 17 property belonging to or subject to the control or 18 disposition of the former regional superintendent of schools 19 by virtue of his office, excepting only those items which 20 were provided by the county board, shall be transferred and 21 delivered to the State Board of Education. From and after 22 July 1, 1994, any reference in the School Code or any other 23 law of this State to "regional superintendent of schools" or 24 "regional superintendent", or "county superintendent of 25 schools" or "county superintendent" shall mean, with respect 26 to any educational service region containing 2,000,000 or 27 more inhabitants in which the office of regional 28 superintendent of schools is abolished, the State Board of 29 Education serving through the office of the State 30 Superintendent of Education as the chief administrative 31 entity of an educational service region. Upon and after the 32 first Monday of August 1995, references in this Code and 33 elsewhere to educational service regions of 2,000,000 or 34 fewer inhabitants shall exclude any educational service HB0751 Engrossed -4- LRB093 05406 NHT 05496 b 1 region containing a city of 500,000 or more inhabitants and 2 references in this Code and elsewhere to educational service 3 regions of 2,000,000 or more inhabitants shall mean an 4 educational service region containing a city of 500,000 or 5 more inhabitants regardless of the actual population of the 6 region. 7 (b-1) Until July 1, 2007, references to "regional 8 superintendent" shall also include the regional 9 superintendent of schools in regions serving that portion of 10 a Class II county outside a city of 500,000 or more 11 population elected at the general election in 1994 and every 12 4 years thereafter. 13 In an educational service region serving that portion of 14 a Class II county outside a city of 500,000 or more 15 population, the office of regional superintendent of schools 16 and the regional office of education is abolished on July 1, 17 2007. On and after that date all rights, powers, duties, and 18 responsibilities theretofore vested by law in and exercised 19 and performed by the regional superintendent of schools and 20 by any assistant regional superintendents or other assistants 21 or employees in the office of the regional superintendent of 22 schools so abolished shall be vested in, exercised, and 23 performed by the State Board of Education through the office 24 of the State Superintendent of Education. Upon abolition of 25 the office of regional superintendent of schools and the 26 regional office of education: (i) all books, records, maps, 27 papers, and other documents belonging to or subject to the 28 control or disposition of the former regional superintendent 29 of schools and the regional office of education shall be 30 transferred and delivered to the State Board of Education; 31 (ii) possession or control over all moneys, deposits, and 32 accounts in the possession or subject to the control or 33 disposition of the former regional superintendent of schools 34 and the regional office of education, including but not HB0751 Engrossed -5- LRB093 05406 NHT 05496 b 1 limited to undistributed or unexpended moneys drawn from and 2 all amounts on deposit in the county, institute, and 3 supervisory expense funds, shall be transferred to and placed 4 under the control and disposition of the State Board of 5 Education, excepting only those moneys or accounts, if any, 6 the source of which is the county treasury; and (iii) all 7 other equipment, furnishings, supplies, and other personal 8 property belonging to or subject to the control or 9 disposition of the former regional superintendent of schools 10 and the regional office of education, excepting only those 11 items that were provided by the county board, shall be 12 transferred and delivered to the State Board of Education. 13 Beginning July 1, 2007, any reference in this Code or any 14 other law of this State to "regional superintendent of 15 schools", "regional superintendent", "county superintendent 16 of schools", or "county superintendent" shall mean, with 17 respect to an educational service region serving that portion 18 of a Class II county outside a city of 500,000 or more 19 population, the State Board of Education serving through the 20 office of the State Superintendent of Education as the chief 21 administrative entity of an educational service region. 22 (c) This Article applies to the regional superintendent 23 of a multicounty educational service region formed under 24 Article 3A as well as to a single county or partial county 25 region, except that in case of conflict between the 26 provisions of this Article and of Article 3A in the case of a 27 multicounty region, the provisions of Article 3A shall apply. 28 Any reference to "county" or to "educational service region" 29 in this Article means a regional office of education. 30 (Source: P.A. 87-654; 87-895; 87-1251; 88-89.) 31 (105 ILCS 5/3-1) (from Ch. 122, par. 3-1) 32 Sec. 3-1. Election; eligibility. Quadrennially there 33 shall be elected in every county, except those which have HB0751 Engrossed -6- LRB093 05406 NHT 05496 b 1 been consolidated into a multicounty educational service 2 region under Article 3A and except those having a population 3 of 2,000,000 or more inhabitants, and beginning in 1994 until 4 2006 in that portion of a Class II county outside a city of 5 500,000 or more inhabitants and constituting an educational 6 service region, a regional superintendent of schools, who 7 shall enter upon the discharge of his duties on the first 8 Monday of August next after his election; provided, however, 9 that the term of office of each regional superintendent of 10 schools in office on June 30, 2003 is terminated on July 1, 11 2003, except that an incumbent regional superintendent of 12 schools shall continue to serve until his successor is 13 elected and qualified, and each regional superintendent of 14 schools elected at the general election in 2002 and every 15 four years thereafter shall assume office on the first day of 16 July next after his election. No one is eligible to file his 17 petition at any primary election for the nomination as 18 candidate for the office of regional superintendent of 19 schools nor to enter upon the duties of such office either by 20 election or appointment unless he possesses the following 21 qualifications: (1) he is of good character, (2) he has a 22 master's degree, (3) he has earned at least 20 semester hours 23 of credit in professional education at the graduate level, 24 (4) he holds a valid all grade supervisory certificate or a 25 valid state limited supervisory certificate, or a valid state 26 life supervisory certificate, or a valid administrative 27 certificate, (5) he has had at least 4 years experience in 28 teaching, and (6) he was engaged for at least 2 years of the 29 4 previous years in full time teaching or supervising in the 30 common public schools or serving as a county superintendent 31 of schools or regional superintendent of schools for an 32 educational service region in the State of Illinois. 33 No petition of any candidate for nomination for the 34 office of regional superintendent of schools may be filed and HB0751 Engrossed -7- LRB093 05406 NHT 05496 b 1 no such candidate's name may be placed on a primary or 2 general election ballot, unless such candidate files as part 3 of his petition a certificate from the State Board of 4 Education certifying that from the records of its office such 5 candidate has the qualifications required by this Section; 6 however, any incumbent filing his petition for nomination for 7 a succeeding term of office shall not be required to attach 8 such certificate to his petition of candidacy. 9 Nomination papers filed under this Section are not valid 10 unless the candidate named therein files with the county 11 clerk or State Board of Elections a statement of economic 12 interests as required by the Illinois Governmental Ethics 13 Act. Such receipt shall be so filed either previously during 14 the calendar year in which his nomination papers were filed 15 or within the period for the filing of nomination papers in 16 accordance with the general election law. 17 The changes in qualifications made by Public Act 76-1563 18 do not affect the right of an incumbent to seek reelection. 19 On and after July 1, 1994, the provisions of this Section 20 shall have no application in any educational service region 21 having a population of 2,000,000 or more inhabitants; 22 provided further that no election shall be held in November 23 of 1994 or at any other time after July 1, 1992 for the 24 office of regional superintendent of schools in any county or 25 educational service region having a population of 2,000,000 26 or more inhabitants. 27 Beginning July 1, 2007, this Section shall have no 28 application in an educational service region serving that 29 portion of a Class II county outside a city of 500,000 or 30 more population, and no election shall be held in 2006 or 31 thereafter for the office of regional superintendent of 32 schools in an educational service region serving that portion 33 of a Class II county outside a city of 500,000 or more 34 population. HB0751 Engrossed -8- LRB093 05406 NHT 05496 b 1 (Source: P.A. 89-383, eff. 8-18-95; 90-280, eff. 7-31-97.) 2 (105 ILCS 5/3-2) (from Ch. 122, par. 3-2) 3 Sec. 3-2. Oath of office - Bond - Salary. Before 4 entering upon his or her duties a regional superintendent of 5 schools shall take and subscribe the oath prescribed by the 6 Constitution and execute a bond payable to the People of the 7 State of Illinois with 2 or more responsible persons having 8 an interest in real estate as sureties (or, if the county is 9 self-insured, the county through its self-insurance program 10 may provide bonding), to be approved by the county board in a 11 penalty of not less than $100,000, conditioned upon the 12 faithful discharge of his or her duties and upon the delivery 13 to his or her successor in office of all monies, books, 14 papers and property in his or her custody as such regional 15 superintendent of schools. 16 This bond shall be filed in the office of the county 17 clerk, and action upon it may be maintained by any corporate 18 body interested, for the benefit of any township or fund 19 injured by any breach of its condition. 20 If any vacancy in the office of regional superintendent 21 of schools occurs, such vacancy shall be filled in the manner 22 provided by Section 3A-6. 23 Regional Superintendents of Schools shall receive the 24 salary provided by Section 3-2.5. 25 On and after July 1, 1994, the provisions of this Section 26 shall have no application in any educational service region 27 having a population of 2,000,000 or more inhabitants. 28 Beginning July 1, 2007, this Section shall have no 29 application in an educational service region serving that 30 portion of a Class II county outside a city of 500,000 or 31 more population. 32 (Source: P.A. 88-387; 89-233, eff. 1-1-96.) HB0751 Engrossed -9- LRB093 05406 NHT 05496 b 1 (105 ILCS 5/3-2.5) 2 Sec. 3-2.5. Salaries. 3 (a) Except as otherwise provided in this Section, the 4 regional superintendents of schools shall receive for their 5 services an annual salary according to the population, as 6 determined by the last preceding federal census, of the 7 region they serve, as set out in the following schedule: 8 SALARIES OF REGIONAL SUPERINTENDENTS OF 9 SCHOOLS 10 POPULATION OF REGION ANNUAL SALARY 11 Less than 48,000 $73,500 12 48,000 to 99,999 $78,000 13 100,000 to 999,999 $81,500 14 1,000,000 and over $83,500 15 The changes made by Public Act 86-98 in the annual salary 16 that the regional superintendents of schools shall receive 17 for their services shall apply to the annual salary received 18 by the regional superintendents of schools during each of 19 their elected terms of office that commence after July 26, 20 1989 and before the first Monday of August, 1995. 21 The changes made by Public Act 89-225 in the annual 22 salary that regional superintendents of schools shall receive 23 for their services shall apply to the annual salary received 24 by the regional superintendents of schools during their 25 elected terms of office that commence after August 4, 1995 26 and end on August 1, 1999. 27 The changes made by this amendatory Act of the 91st 28 General Assembly in the annual salary that the regional 29 superintendents of schools shall receive for their services 30 shall apply to the annual salary received by the regional 31 superintendents of schools during each of their elected terms 32 of office that commence on or after August 2, 1999. 33 Beginning July 1, 2000, the salary that the regional 34 superintendent of schools receives for his or her services HB0751 Engrossed -10- LRB093 05406 NHT 05496 b 1 shall be adjusted annually to reflect the percentage 2 increase, if any, in the most recent Consumer Price Index, as 3 defined and officially reported by the United States 4 Department of Labor, Bureau of Labor Statistics, except that 5 no annual increment may exceed 2.9%. If the percentage of 6 change in the Consumer Price Index is a percentage decrease, 7 the salary that the regional superintendent of schools 8 receives shall not be adjusted for that year. 9 When regional superintendents are authorized by the 10 School Code to appoint assistant regional superintendents, 11 the assistant regional superintendent shall receive an annual 12 salary based on his or her qualifications and computed as a 13 percentage of the salary of the regional superintendent to 14 whom he or she is assistant, as set out in the following 15 schedule: 16 SALARIES OF ASSISTANT REGIONAL SUPERINTENDENTS 17 QUALIFICATIONS OF PERCENTAGE OF SALARY 18 ASSISTANT REGIONAL OF REGIONAL 19 SUPERINTENDENT SUPERINTENDENT 20 No Bachelor's degree, but State 21 certificate valid for teaching 22 and supervising. 70% 23 Bachelor's degree plus 24 State certificate valid 25 for supervising. 75% 26 Master's degree plus 27 State certificate valid 28 for supervising. 90% 29 However, in any region in which the appointment of more 30 than one assistant regional superintendent is authorized, 31 whether by Section 3-15.10 of this Code or otherwise, not 32 more than one assistant may be compensated at the 90% rate 33 and any other assistant shall be paid at not exceeding the 34 75% rate, in each case depending on the qualifications of the HB0751 Engrossed -11- LRB093 05406 NHT 05496 b 1 assistant. 2 The salaries provided in this Section for regional 3 superintendents and assistant regional superintendents are 4 payable monthly from the Common School Fund. The State 5 Comptroller in making his or her warrant to any county for 6 the amount due it from the Common School Fund shall deduct 7 from it the several amounts for which warrants have been 8 issued to the regional superintendent, and any assistant 9 regional superintendent, of the educational service region 10 encompassing the county since the preceding apportionment of 11 the Common School Fund. 12 County boards may provide for additional compensation for 13 the regional superintendent or the assistant regional 14 superintendents, or for each of them, to be paid quarterly 15 from the county treasury. 16 (b) Upon abolition on July 1, 1994, of the office of 17 regional superintendent of schools in educational service 18 regions containing 2,000,000 or more inhabitants as provided 19 in Section 3-0.01 of this Code, the provisions of subsection 20 (a) of this Section shall no longer apply in any educational 21 service region in which the office of regional superintendent 22 of schools is so abolished, and no salary or other 23 compensation shall be payable under that subsection (a) or 24 under any other provision of this Section with respect to the 25 office so abolished or with respect to any assistant position 26 to the office so abolished. 27 (b-5) Upon abolition on July 1, 2007 of the office of 28 regional superintendent of schools and the regional office of 29 education in an educational service region serving that 30 portion of a Class II county outside a city of 500,000 or 31 more population as provided in Section 3-0.01 of this Code, 32 subsection (a) of this Section shall no longer apply in the 33 educational service region, and no salary or other 34 compensation shall be payable under subsection (a) or any HB0751 Engrossed -12- LRB093 05406 NHT 05496 b 1 other provision of this Section with respect to the office so 2 abolished or with respect to any assistant position to the 3 office so abolished. 4 (c) If the State pays all or any portion of the employee 5 contributions required under Section 16-152 of the Illinois 6 Pension Code for employees of the State Board of Education, 7 it shall also pay the employee contributions required of 8 regional superintendents of schools and assistant regional 9 superintendents of schools on the same basis, but excluding 10 any contributions based on compensation that is paid by the 11 county rather than the State. 12 This subsection (c) applies to contributions based on 13 payments of salary earned after the effective date of this 14 amendatory Act of the 91st General Assembly, except that in 15 the case of an elected regional superintendent of schools, 16 this subsection does not apply to contributions based on 17 payments of salary earned during a term of office that 18 commenced before the effective date of this amendatory Act. 19 (Source: P.A. 91-276, eff. 7-23-99.) 20 (105 ILCS 5/3-3) (from Ch. 122, par. 3-3) 21 Sec. 3-3. Practice of other profession. It is unlawful 22 for any county superintendent of schools to practice or to 23 hold himself out as practicing any other profession. 24 Violation of this section shall be a cause of forfeiture of 25 office. 26 On and after July 1, 1994, the provisions of this Section 27 shall have no application in any educational service region 28 having a population of 2,000,000 or more inhabitants. 29 Beginning July 1, 2007, this Section shall have no 30 application in an educational service region serving that 31 portion of a Class II county outside a city of 500,000 or 32 more population. 33 (Source: P.A. 87-654; 87-1251.) HB0751 Engrossed -13- LRB093 05406 NHT 05496 b 1 (105 ILCS 5/3-15.6) (from Ch. 122, par. 3-15.6) 2 Sec. 3-15.6. Additional employees. To employ, with the 3 approval of the county board, such additional employees as 4 are needed for the discharge of the duties of the office. The 5 non-clerical employees shall be persons versed in the 6 principles and methods of education, familiar with public 7 school work, competent to visit schools and certificated 8 pursuant to this Code if their duties are comparable to those 9 for which certification is required by this Code. 10 On and after July 1, 1994, the provisions of this Section 11 shall have no application in any educational service region 12 having a population of 2,000,000 or more inhabitants. 13 Beginning July 1, 2007, this Section shall have no 14 application in an educational service region serving that 15 portion of a Class II county outside a city of 500,000 or 16 more population. 17 (Source: P.A. 86-361; 87-654; 87-1251.) 18 (105 ILCS 5/3-15.9) (from Ch. 122, par. 3-15.9) 19 Sec. 3-15.9. Delivery of money, books, papers and 20 property to successor. Upon his removal or resignation, or at 21 the expiration of his term of office, or in case of his death 22 his representatives to deliver to his successor in office, on 23 demand, all moneys, books, papers and personal property 24 belonging to his office or subject to his control or 25 disposition. 26 On and after July 1, 1994, the provisions of this Section 27 shall have no application in any educational service region 28 having a population of 2,000,000 or more inhabitants. 29 Beginning July 1, 2007, this Section shall have no 30 application in an educational service region serving that 31 portion of a Class II county outside a city of 500,000 or 32 more population. 33 (Source: P.A. 87-654; 87-1251.) HB0751 Engrossed -14- LRB093 05406 NHT 05496 b 1 (105 ILCS 5/3-15.10) (from Ch. 122, par. 3-15.10) 2 Sec. 3-15.10. Assistant Regional Superintendent. To 3 employ, in counties or regions of 2,000,000 inhabitants or 4 less, in addition to any assistants authorized to be employed 5 with the approval of the county board, an assistant regional 6 superintendent of schools who shall be a person of good 7 attainment, versed in the principles and methods of 8 education, and qualified to teach and supervise schools under 9 Article 21 of this Act; to fix the term of such assistant and 10 direct his work and define his duties. Until July 1, 2007, in 11 regions established within that portion of a Class II county 12 outside a city of 500,000 or more inhabitants, the regional 13 superintendent may employ, in addition to any assistants 14 authorized to be employed with the approval of the county 15 board, 3 assistant regional superintendents of schools. 16 Until July 1, 1994, in counties or regions having a 17 population of more than 2,000,000 inhabitants the regional 18 superintendent may employ, in addition to any assistants 19 authorized to be employed with the approval of the county 20 board, 11 assistant regional superintendents of schools. 21 Assistant regional superintendents shall each be a person of 22 good attainment, versed in the principles and methods of 23 education, and qualified to teach and supervise schools under 24 Article 21 of this Act. The work of such assistant regional 25 superintendent shall be so arranged and directed that the 26 county or regional superintendent and assistant 27 superintendent, together, shall devote an amount of time 28 during the school year, equal to at least the full time of 29 one individual, to the supervision of schools and of teaching 30 in the schools of the county. 31 Notwithstanding any of the provisions of this Section, 32 any person who, on July 1, 1955, was employed as an assistant 33 county superintendent of schools shall be qualified for that 34 position if he holds a state certificate valid for teaching HB0751 Engrossed -15- LRB093 05406 NHT 05496 b 1 and supervising. 2 On July 1, 1994, the employment of all persons serving as 3 assistant county or regional superintendents in any county or 4 educational service region having a population of more than 5 2,000,000 inhabitants is terminated, the office of assistant 6 county or regional superintendent in each such county or 7 educational service region is abolished, and this Section 8 shall, from and after July 1, 1994, have no further 9 application in any such county or educational service region. 10 On July 1, 2007, the employment of all persons serving as 11 assistant county or regional superintendents in an 12 educational service region serving that portion of a Class II 13 county outside a city of 500,000 or more population is 14 terminated, the office of assistant county or regional 15 superintendent in that educational service region is 16 abolished, and this Section shall, beginning July 1, 2007, 17 have no further application in that educational service 18 region. 19 A regional superintendent of schools shall not employ his 20 or her spouse, child, stepchild, or relative as an assistant 21 regional superintendent of schools. By September 1 each year, 22 a regional superintendent shall certify to the State Board of 23 Education that he or she has complied with this paragraph. If 24 the State Board of Education becomes aware of the fact that a 25 regional superintendent is employing his or her spouse, 26 child, stepchild, or relative as an assistant regional 27 superintendent, the State Board of Education shall not 28 request for payment from the State Comptroller any warrants 29 for the payment of the assistant regional superintendent's 30 salary. In this paragraph, "relative" means a grandparent, 31 parent, aunt, uncle, sibling, first cousin, nephew, niece, 32 grandchild, or spouse of one of these persons. This paragraph 33 applies only to contracts for employment entered into on or 34 after the effective date of this amendatory Act of the 91st HB0751 Engrossed -16- LRB093 05406 NHT 05496 b 1 General Assembly. 2 (Source: P.A. 91-764, eff. 6-9-00.) 3 (105 ILCS 5/3A-2) (from Ch. 122, par. 3A-2) 4 Sec. 3A-2. Regional superintendent-County superintendent 5 of schools. The chief administrative officer of an 6 educational service region shall be designated and referred 7 to as "Regional Superintendent of Schools" or "regional 8 superintendent." 9 Such person shall, in his region, have the powers and 10 duties and perform the functions required of or exercisable 11 by a county superintendent of schools, except as otherwise 12 provided by law. 13 Any reference to "county superintendent of schools" in 14 The School Code or any other Illinois statute means and 15 refers to the regional superintendent of schools for an 16 educational service region. 17 In an educational service region serving that portion of 18 a Class II county outside a city of 500,000 or more 19 population, the office of regional superintendent of schools 20 is abolished on July 1, 2007 as provided in Section 3-0.01 of 21 this Code. 22 (Source: P.A. 79-1057.) 23 (105 ILCS 5/3A-6) (from Ch. 122, par. 3A-6) 24 Sec. 3A-6. Election of Superintendent for consolidated 25 region - Bond - Vacancies in any educational service region. 26 (a) The regional superintendent to be elected under 27 Section 3A-5 shall be elected at the time provided in the 28 general election law and must possess the qualifications 29 described in Section 3-1 of this Act. 30 (b) The bond required under Section 3-2 shall be filed 31 in the office of the county clerk in the county where the 32 regional office is situated, and a certified copy of that HB0751 Engrossed -17- LRB093 05406 NHT 05496 b 1 bond shall be filed in the office of the county clerk in each 2 of the other counties in the region. 3 (c) When a vacancy occurs in the office of regional 4 superintendent of schools of any educational service region 5 which is not located in a county which is a home rule unit, 6 such vacancy shall be filled within 60 days (i) by 7 appointment of the chairman of the county board, with the 8 advice and consent of the county board, when such vacancy 9 occurs in a single county educational service region; or (ii) 10 by appointment of a committee composed of the chairmen of the 11 county boards of those counties comprising the affected 12 educational service region when such vacancy occurs in a 13 multicounty educational service region, each committeeman to 14 be entitled to one vote for each vote that was received in 15 the county represented by such committeeman on the committee 16 by the regional superintendent of schools whose office is 17 vacant at the last election at which a regional 18 superintendent was elected to such office, and the person 19 receiving the highest number of affirmative votes from the 20 committeemen for such vacant office to be deemed the person 21 appointed by such committee to fill the vacancy. The 22 appointee shall be a member of the same political party as 23 the regional superintendent of schools the appointee succeeds 24 was at the time such regional superintendent of schools last 25 was elected. The appointee shall serve for the remainder of 26 the term. However, if more than 28 months remain in that 27 term, the appointment shall be until the next general 28 election, at which time the vacated office shall be filled by 29 election for the remainder of the term. Nominations shall be 30 made and any vacancy in nomination shall be filled as 31 follows: 32 (1) If the vacancy in office occurs before the 33 first date provided in Section 7-12 of the Election Code 34 for filing nomination papers for county offices for the HB0751 Engrossed -18- LRB093 05406 NHT 05496 b 1 primary in the next even-numbered year following 2 commencement of the term of office in which the vacancy 3 occurs, nominations for the election for filling the 4 vacancy shall be made pursuant to Article 7 of the 5 Election Code. 6 (2) If the vacancy in office occurs during the time 7 provided in Section 7-12 of the Election Code for filing 8 nomination papers for county offices for the primary in 9 the next even-numbered year following commencement of the 10 term of office in which the vacancy occurs, the time for 11 filing nomination papers for the primary shall not be 12 more than 91 days nor less than 85 days prior to the date 13 of the primary. 14 (3) If the vacancy in office occurs after the last 15 day provided in Section 7-12 of the Election Code for 16 filing nomination papers for county offices for the 17 primary in the next even-numbered year following 18 commencement of the term of office in which the vacancy 19 occurs, a vacancy in nomination shall be deemed to have 20 occurred and the county central committee of each 21 established political party (if the vacancy occurs in a 22 single county educational service region) or the 23 multi-county educational service region committee of each 24 established political party (if the vacancy occurs in a 25 multi-county educational service region) shall nominate, 26 by resolution, a candidate to fill the vacancy in 27 nomination for election to the office at the general 28 election. In the nomination proceedings to fill the 29 vacancy in nomination, each member of the county central 30 committee or the multi-county educational service region 31 committee, whichever applies, shall have the voting 32 strength as set forth in Section 7-8 or 7-8.02 of the 33 Election Code, respectively. The name of the candidate 34 so nominated shall not appear on the ballot at the HB0751 Engrossed -19- LRB093 05406 NHT 05496 b 1 general primary election. The vacancy in nomination 2 shall be filled prior to the date of certification of 3 candidates for the general election. 4 (4) The resolution to fill the vacancy shall be 5 duly acknowledged before an officer qualified to take 6 acknowledgments of deeds and shall include, upon its 7 face, the following information: (A) the name of the 8 original nominee and the office vacated; (B) the date on 9 which the vacancy occurred; and (C) the name and address 10 of the nominee selected to fill the vacancy and the date 11 of selection. The resolution to fill the vacancy shall be 12 accompanied by a statement of candidacy, as prescribed in 13 Section 7-10 of the Election Code, completed by the 14 selected nominee, a certificate from the State Board of 15 Education, as prescribed in Section 3-1 of this Code, and 16 a receipt indicating that the nominee has filed a 17 statement of economic interests as required by the 18 Illinois Governmental Ethics Act. 19 The provisions of Sections 10-8 through 10-10.1 of the 20 Election Code relating to objections to nomination papers, 21 hearings on objections, and judicial review shall also apply 22 to and govern objections to nomination papers and resolutions 23 for filling vacancies in nomination filed pursuant to this 24 Section. Unless otherwise specified in this Section, the 25 nomination and election provided for in this Section is 26 governed by the general election law. 27 Except as otherwise provided by applicable county 28 ordinance or by law, if a vacancy occurs in the office of 29 regional superintendent of schools of an educational service 30 region that is located in a county that is a home rule unit 31 and that has a population of less than 2,000,000 inhabitants, 32 that vacancy shall be filled by the county board of such home 33 rule county. 34 Until July 1, 2003 or until the regional superintendent HB0751 Engrossed -20- LRB093 05406 NHT 05496 b 1 of schools elected in 2002 takes office, whichever occurs 2 first, if a vacancy exists in the office of regional 3 superintendent of schools of an educational service region 4 that is located in a county that is a home rule unit and that 5 has a population of 2,000,000 or more inhabitants, then that 6 vacancy shall be filled by the first assistant 7 superintendent/deputy superintendent until the end of the 8 term to which the regional superintendent was elected. 9 Beginning July 1, 2007, this Section shall have no 10 application in an educational service region serving that 11 portion of a Class II county outside a city of 500,000 or 12 more population. 13 Any person appointed to fill a vacancy in the office of 14 regional superintendent of schools of any educational service 15 region must possess the qualifications required to be elected 16 to the position of regional superintendent of schools, and 17 shall obtain a certificate of eligibility from the State 18 Superintendent of Education and file same with the county 19 clerk of the county in which the regional superintendent's 20 office is located. 21 If the regional superintendent of schools is called into 22 the active military service of the United States, his office 23 shall not be deemed to be vacant, but a temporary appointment 24 shall be made as in the case of a vacancy. The appointee 25 shall perform all the duties of the regional superintendent 26 of schools during the time the regional superintendent of 27 schools is in the active military service of the United 28 States, and shall be paid the same compensation apportioned 29 as to the time of service, and such appointment and all 30 authority thereunder shall cease upon the discharge of the 31 regional superintendent of schools from such active military 32 service. The appointee shall give the same bond as is 33 required of a regularly elected regional superintendent of 34 schools. HB0751 Engrossed -21- LRB093 05406 NHT 05496 b 1 (Source: P.A. 92-277, eff. 8-7-01; 92-869, eff. 1-3-03.)