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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||||||||
4 | Section 5. The Election Code is amended by changing
| ||||||||||||||||||||||||||||||||||||||||
5 | Sections 2A-1.2, 10-9, 22-1, and 22-7 and adding Section 2A-56 | ||||||||||||||||||||||||||||||||||||||||
6 | as
follows:
| ||||||||||||||||||||||||||||||||||||||||
7 | (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
| ||||||||||||||||||||||||||||||||||||||||
8 | Sec. 2A-1.2. Consolidated Schedule of Elections - Offices | ||||||||||||||||||||||||||||||||||||||||
9 | Designated.
| ||||||||||||||||||||||||||||||||||||||||
10 | (a) At the general election in the appropriate | ||||||||||||||||||||||||||||||||||||||||
11 | even-numbered years, the
following offices shall be filled or | ||||||||||||||||||||||||||||||||||||||||
12 | shall be on the ballot as otherwise
required by this Code:
| ||||||||||||||||||||||||||||||||||||||||
13 | (1) Elector of President and Vice President of the | ||||||||||||||||||||||||||||||||||||||||
14 | United States;
| ||||||||||||||||||||||||||||||||||||||||
15 | (2) United States Senator and United States | ||||||||||||||||||||||||||||||||||||||||
16 | Representative;
| ||||||||||||||||||||||||||||||||||||||||
17 | (3) State Executive Branch elected officers;
| ||||||||||||||||||||||||||||||||||||||||
18 | (4) State Senator and State Representative;
| ||||||||||||||||||||||||||||||||||||||||
19 | (5) County elected officers, including State's | ||||||||||||||||||||||||||||||||||||||||
20 | Attorney, County Board
member, County Commissioners, and | ||||||||||||||||||||||||||||||||||||||||
21 | elected President of the County Board or
County Chief | ||||||||||||||||||||||||||||||||||||||||
22 | Executive;
| ||||||||||||||||||||||||||||||||||||||||
23 | (6) Circuit Court Clerk;
|
| |||||||
| |||||||
1 | (7) Regional Superintendent of Schools, except in | ||||||
2 | counties or
educational service regions in which that | ||||||
3 | office has been abolished;
| ||||||
4 | (8) Judges of the Supreme, Appellate and Circuit | ||||||
5 | Courts, on the question
of retention, to fill vacancies and | ||||||
6 | newly created judicial offices;
| ||||||
7 | (9) (Blank);
| ||||||
8 | (10) Trustee of the Metropolitan Sanitary District of | ||||||
9 | Chicago, and elected
Trustee of other Sanitary Districts;
| ||||||
10 | (11) Special District elected officers, not otherwise | ||||||
11 | designated in this
Section, where the statute creating or | ||||||
12 | authorizing the creation of
the district requires an annual | ||||||
13 | election and permits or requires election
of candidates of | ||||||
14 | political parties ; .
| ||||||
15 | (12) Members of the State Board of Education.
| ||||||
16 | (b) At the general primary election:
| ||||||
17 | (1) in each even-numbered year candidates of political | ||||||
18 | parties shall be
nominated for those offices to be filled | ||||||
19 | at the general election in that
year, except where pursuant | ||||||
20 | to law nomination of candidates of political
parties is | ||||||
21 | made by caucus.
| ||||||
22 | (2) in the appropriate even-numbered years the | ||||||
23 | political party offices of
State central committeeman, | ||||||
24 | township committeeman, ward committeeman, and
precinct | ||||||
25 | committeeman shall be filled and delegates and alternate | ||||||
26 | delegates
to the National nominating conventions shall be |
| |||||||
| |||||||
1 | elected as may be required
pursuant to this Code. In the | ||||||
2 | even-numbered years in which a Presidential
election is to | ||||||
3 | be held, candidates in the Presidential preference primary
| ||||||
4 | shall also be on the ballot.
| ||||||
5 | (3) in each even-numbered year, where the municipality | ||||||
6 | has provided for
annual elections to elect municipal | ||||||
7 | officers pursuant to Section 6(f) or
Section 7 of Article | ||||||
8 | VII of the Constitution, pursuant to the Illinois
Municipal | ||||||
9 | Code or pursuant to the municipal charter, the offices of | ||||||
10 | such
municipal officers shall be filled at an election held | ||||||
11 | on the date of the
general primary election, provided that | ||||||
12 | the municipal election shall be a
nonpartisan election | ||||||
13 | where required by the Illinois Municipal Code. For
partisan | ||||||
14 | municipal elections in even-numbered years, a primary to | ||||||
15 | nominate
candidates for municipal office to be elected at | ||||||
16 | the general primary
election shall be held on the Tuesday 6 | ||||||
17 | weeks preceding that election.
| ||||||
18 | (4) in each school district which has adopted the | ||||||
19 | provisions of
Article 33 of the School Code, successors to | ||||||
20 | the members of the board
of education whose terms expire in | ||||||
21 | the year in which the general primary is
held shall be | ||||||
22 | elected.
| ||||||
23 | (c) At the consolidated election in the appropriate | ||||||
24 | odd-numbered years,
the following offices shall be filled:
| ||||||
25 | (1) Municipal officers, provided that in | ||||||
26 | municipalities in which
candidates for alderman or other |
| |||||||
| |||||||
1 | municipal office are not permitted by law
to be candidates | ||||||
2 | of political parties, the runoff election where required
by | ||||||
3 | law, or the nonpartisan election where required by law, | ||||||
4 | shall be held on
the date of the consolidated election; and | ||||||
5 | provided further, in the case of
municipal officers | ||||||
6 | provided for by an ordinance providing the form of
| ||||||
7 | government of the municipality pursuant to Section 7 of | ||||||
8 | Article VII of the
Constitution, such offices shall be | ||||||
9 | filled by election or by runoff
election as may be provided | ||||||
10 | by such ordinance;
| ||||||
11 | (2) Village and incorporated town library directors;
| ||||||
12 | (3) City boards of stadium commissioners;
| ||||||
13 | (4) Commissioners of park districts;
| ||||||
14 | (5) Trustees of public library districts;
| ||||||
15 | (6) Special District elected officers, not otherwise | ||||||
16 | designated in this
section, where the statute creating or | ||||||
17 | authorizing the creation of the district
permits or | ||||||
18 | requires election of candidates of political parties;
| ||||||
19 | (7) Township officers, including township park | ||||||
20 | commissioners, township
library directors, and boards of | ||||||
21 | managers of community buildings, and
Multi-Township | ||||||
22 | Assessors;
| ||||||
23 | (8) Highway commissioners and road district clerks;
| ||||||
24 | (9) Members of school boards in school districts which | ||||||
25 | adopt Article 33
of the School Code;
| ||||||
26 | (10) The directors and chairman of the Chain O Lakes - |
| |||||||
| |||||||
1 | Fox River Waterway
Management Agency;
| ||||||
2 | (11) Forest preserve district commissioners elected | ||||||
3 | under Section 3.5 of
the Downstate Forest Preserve District | ||||||
4 | Act;
| ||||||
5 | (12) Elected members of school boards, school | ||||||
6 | trustees, directors of
boards of school directors, | ||||||
7 | trustees of county boards of school trustees
(except in | ||||||
8 | counties or educational service regions having a | ||||||
9 | population
of 2,000,000 or more inhabitants) and members of | ||||||
10 | boards of school inspectors,
except school boards in school
| ||||||
11 | districts that adopt Article 33 of the School Code;
| ||||||
12 | (13) Members of Community College district boards;
| ||||||
13 | (14) Trustees of Fire Protection Districts;
| ||||||
14 | (15) Commissioners of the Springfield Metropolitan | ||||||
15 | Exposition and
Auditorium
Authority;
| ||||||
16 | (16) Elected Trustees of Tuberculosis Sanitarium | ||||||
17 | Districts;
| ||||||
18 | (17) Elected Officers of special districts not | ||||||
19 | otherwise designated in
this Section for which the law | ||||||
20 | governing those districts does not permit
candidates of | ||||||
21 | political parties.
| ||||||
22 | (d) At the consolidated primary election in each | ||||||
23 | odd-numbered year,
candidates of political parties shall be | ||||||
24 | nominated for those offices to be
filled at the consolidated | ||||||
25 | election in that year, except where pursuant to
law nomination | ||||||
26 | of candidates of political parties is made by caucus, and
|
| |||||||
| |||||||
1 | except those offices listed in paragraphs (12) through (17) of | ||||||
2 | subsection
(c).
| ||||||
3 | At the consolidated primary election in the appropriate | ||||||
4 | odd-numbered years,
the mayor, clerk, treasurer, and aldermen | ||||||
5 | shall be elected in
municipalities in which
candidates for | ||||||
6 | mayor, clerk, treasurer, or alderman are not permitted by
law | ||||||
7 | to be candidates
of political parties, subject to runoff | ||||||
8 | elections to be held at the
consolidated election as may be | ||||||
9 | required
by law, and municipal officers shall be nominated in a | ||||||
10 | nonpartisan election
in municipalities in which pursuant to law | ||||||
11 | candidates for such office are
not permitted to be candidates | ||||||
12 | of political parties.
| ||||||
13 | At the consolidated primary election in the appropriate | ||||||
14 | odd-numbered years,
municipal officers shall be nominated or | ||||||
15 | elected, or elected subject to
a runoff, as may be provided by | ||||||
16 | an ordinance providing a form of government
of the municipality | ||||||
17 | pursuant to Section 7 of Article VII of the Constitution.
| ||||||
18 | (e) (Blank).
| ||||||
19 | (f) At any election established in Section 2A-1.1, public | ||||||
20 | questions may
be submitted to voters pursuant to this Code and | ||||||
21 | any special election
otherwise required or authorized by law or | ||||||
22 | by court order may be conducted
pursuant to this Code.
| ||||||
23 | Notwithstanding the regular dates for election of officers | ||||||
24 | established
in this Article, whenever a referendum is held for | ||||||
25 | the establishment of
a political subdivision whose officers are | ||||||
26 | to be elected, the initial officers
shall be elected at the |
| |||||||
| |||||||
1 | election at which such referendum is held if otherwise
so | ||||||
2 | provided by law. In such cases, the election of the initial | ||||||
3 | officers
shall be subject to the referendum.
| ||||||
4 | Notwithstanding the regular dates for election of | ||||||
5 | officials established
in this Article, any community college | ||||||
6 | district which becomes effective by
operation of law pursuant | ||||||
7 | to Section 6-6.1 of the Public Community College
Act, as now or | ||||||
8 | hereafter amended, shall elect the initial district board
| ||||||
9 | members at the next regularly scheduled election following the | ||||||
10 | effective
date of the new district.
| ||||||
11 | (g) At any election established in Section 2A-1.1, if in | ||||||
12 | any precinct
there are no offices or public questions required | ||||||
13 | to be on the ballot under
this Code then no election shall be | ||||||
14 | held in the precinct on that date.
| ||||||
15 | (h) There may be conducted a
referendum in accordance with | ||||||
16 | the provisions of Division 6-4 of the
Counties Code.
| ||||||
17 | (Source: P.A. 89-5, eff. 1-1-96; 89-95,
eff. 1-1-96; 89-626, | ||||||
18 | eff. 8-9-96; 90-358, eff. 1-1-98.)
| ||||||
19 | (10 ILCS 5/2A-56 new)
| ||||||
20 | Sec. 2A-56. State Board of Education; time of election. | ||||||
21 | Members of the
State
Board of Education shall be elected at the | ||||||
22 | general election in 2010 and at the
general
election every 6 | ||||||
23 | years thereafter.
| ||||||
24 | (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
|
| |||||||
| |||||||
1 | Sec. 10-9. The following electoral boards are designated | ||||||
2 | for the
purpose of hearing and passing upon the objector's | ||||||
3 | petition described in
Section 10-8.
| ||||||
4 | 1. The State Board of Elections will hear and pass upon | ||||||
5 | objections
to the nominations of candidates for State offices, | ||||||
6 | nominations of candidates for members of the State Board of | ||||||
7 | Education,
nominations of candidates for congressional, | ||||||
8 | legislative and judicial
offices of districts, subcircuits, or | ||||||
9 | circuits situated in more than one county, nominations
of | ||||||
10 | candidates for the offices of State's attorney or regional | ||||||
11 | superintendent
of schools to be elected from more than one | ||||||
12 | county, and petitions for
proposed amendments to the | ||||||
13 | Constitution of the State of Illinois as
provided for in | ||||||
14 | Section 3 of Article XIV of the Constitution.
| ||||||
15 | 2. The county officers electoral board to hear and pass | ||||||
16 | upon
objections to the nominations of candidates for county | ||||||
17 | offices,
for congressional, legislative and judicial offices | ||||||
18 | of a district, subcircuit, or
circuit coterminous with or less | ||||||
19 | than a county, for school trustees to be
voted for by the | ||||||
20 | electors of the county or by the electors of a township of
the | ||||||
21 | county, for the office of multi-township assessor where | ||||||
22 | candidates for
such office are nominated in accordance with | ||||||
23 | this Code, and for all special
district offices, shall be | ||||||
24 | composed of the county clerk, or an assistant
designated by the | ||||||
25 | county clerk, the State's attorney of the county or
an | ||||||
26 | Assistant State's Attorney designated by the State's Attorney, |
| |||||||
| |||||||
1 | and the
clerk of the circuit court, or an assistant designated | ||||||
2 | by the clerk of
the circuit court, of the county, of whom the | ||||||
3 | county clerk or his designee
shall be the chairman, except that | ||||||
4 | in any county which has established a
county board of election | ||||||
5 | commissioners that board
shall constitute the county officers | ||||||
6 | electoral board ex-officio.
| ||||||
7 | 3. The municipal officers electoral board to hear and pass | ||||||
8 | upon
objections to the nominations of candidates for officers | ||||||
9 | of
municipalities shall be composed of the mayor or president | ||||||
10 | of the board
of trustees of the city, village or incorporated | ||||||
11 | town, and the city,
village or incorporated town clerk, and one | ||||||
12 | member of the city council
or board of trustees, that member | ||||||
13 | being designated who is eligible to
serve on the electoral | ||||||
14 | board and has served the
greatest number of years as a member | ||||||
15 | of the city council or board of
trustees, of whom the mayor or | ||||||
16 | president of the board of trustees shall
be the chairman.
| ||||||
17 | 4. The township officers electoral board to pass upon | ||||||
18 | objections to
the nominations of township officers shall be | ||||||
19 | composed of the township
supervisor, the town clerk, and that | ||||||
20 | eligible town trustee elected in the
township who has had the | ||||||
21 | longest term of continuous service as town
trustee, of whom the | ||||||
22 | township supervisor shall be the chairman.
| ||||||
23 | 5. The education officers electoral board to hear and pass | ||||||
24 | upon
objections to the nominations of candidates for offices in | ||||||
25 | school or
community college districts shall be composed of the | ||||||
26 | presiding officer of
the school or community college district |
| |||||||
| |||||||
1 | board, who shall be the chairman,
the secretary of the school | ||||||
2 | or community college district board and the
eligible elected | ||||||
3 | school or community college board member who has the
longest | ||||||
4 | term of continuous service as a board member.
| ||||||
5 | 6. In all cases, however, where the Congressional or | ||||||
6 | Legislative
district is wholly within the jurisdiction of a | ||||||
7 | board of election
commissioners and in all cases where the | ||||||
8 | school district or special
district is wholly within the | ||||||
9 | jurisdiction of a municipal board of
election commissioners and | ||||||
10 | in all cases where the municipality or
township is wholly or | ||||||
11 | partially within the jurisdiction of a municipal
board of | ||||||
12 | election commissioners, the board of election commissioners
| ||||||
13 | shall ex-officio constitute the electoral board.
| ||||||
14 | For special districts situated in more than one county, the | ||||||
15 | county officers
electoral board of the county in which the | ||||||
16 | principal office of the district
is located has jurisdiction to | ||||||
17 | hear and pass upon objections. For purposes
of this Section, | ||||||
18 | "special districts" means all political subdivisions other
| ||||||
19 | than counties, municipalities, townships and school and | ||||||
20 | community college
districts.
| ||||||
21 | In the event that any member of the appropriate board is a | ||||||
22 | candidate
for the office with relation to which the objector's | ||||||
23 | petition is filed,
he shall not be eligible to serve on that | ||||||
24 | board and shall not act as
a member of the board and his place | ||||||
25 | shall be filled as follows:
| ||||||
26 | a. In the county officers electoral board by the county
|
| |||||||
| |||||||
1 | treasurer, and if he or she is ineligible to serve, by the | ||||||
2 | sheriff of the
county.
| ||||||
3 | b. In the municipal officers electoral board by the | ||||||
4 | eligible
elected city council or board of trustees member | ||||||
5 | who has served the second
greatest number of years as a | ||||||
6 | city council or board of trustees member.
| ||||||
7 | c. In the township officers electoral board by the | ||||||
8 | eligible
elected town trustee who has had the second | ||||||
9 | longest term of continuous service
as a town trustee.
| ||||||
10 | d. In the education officers electoral board by the | ||||||
11 | eligible
elected school or community college district | ||||||
12 | board member who has had the
second longest term of | ||||||
13 | continuous service as a board member.
| ||||||
14 | In the event that the chairman of the electoral board is | ||||||
15 | ineligible
to act because of the fact that he is a candidate | ||||||
16 | for the office with
relation to which the objector's petition | ||||||
17 | is filed, then the substitute
chosen under the provisions of | ||||||
18 | this Section shall be the chairman; In
this case, the officer | ||||||
19 | or board with whom the objector's petition is
filed, shall | ||||||
20 | transmit the certificate of nomination or nomination papers
as | ||||||
21 | the case may be, and the objector's petition to the substitute
| ||||||
22 | chairman of the electoral board.
| ||||||
23 | When 2 or more eligible individuals, by reason of their | ||||||
24 | terms of service
on a city council or board of trustees, | ||||||
25 | township board of
trustees, or school or community college | ||||||
26 | district board, qualify to serve
on an electoral board, the one |
| |||||||
| |||||||
1 | to serve shall be chosen by lot.
| ||||||
2 | Any vacancies on an electoral board not otherwise filled | ||||||
3 | pursuant to this
Section shall be filled by public members | ||||||
4 | appointed by the Chief Judge of
the Circuit Court for the | ||||||
5 | county wherein the electoral board hearing is
being held upon | ||||||
6 | notification to the Chief Judge of such
vacancies. The Chief | ||||||
7 | Judge shall be so notified by a member of the electoral
board | ||||||
8 | or the officer or board with whom the objector's petition was | ||||||
9 | filed.
In the event that none of the individuals designated by | ||||||
10 | this Section to
serve on the electoral board are eligible, the | ||||||
11 | chairman of an electoral
board shall be designated by the Chief | ||||||
12 | Judge.
| ||||||
13 | (Source: P.A. 94-645, eff. 8-22-05.)
| ||||||
14 | (10 ILCS 5/22-1)
(from Ch. 46, par. 22-1)
| ||||||
15 | Sec. 22-1. Abstracts of votes. Within 21 days after the
| ||||||
16 | close of the
election at which candidates for offices | ||||||
17 | hereinafter named in this Section are
voted upon, the election | ||||||
18 | authorities of the respective counties shall open the returns | ||||||
19 | and make abstracts of
the votes on a separate sheet for each of | ||||||
20 | the following:
| ||||||
21 | A. For Governor and Lieutenant Governor;
| ||||||
22 | B. For State officers;
| ||||||
23 | C. For presidential electors;
| ||||||
24 | D. For United States Senators and Representatives to | ||||||
25 | Congress;
|
| |||||||
| |||||||
1 | E. For judges of the Supreme Court;
| ||||||
2 | F. For judges of the Appellate Court;
| ||||||
3 | G. For judges of the circuit court;
| ||||||
4 | H. For Senators and Representatives to the General | ||||||
5 | Assembly;
| ||||||
6 | I. For State's Attorneys elected from 2 or more | ||||||
7 | counties;
| ||||||
8 | J. For amendments to the Constitution, and for other | ||||||
9 | propositions
submitted to the electors of the entire State;
| ||||||
10 | K. For county officers and for propositions submitted | ||||||
11 | to the
electors of the county only;
| ||||||
12 | L. For Regional Superintendent of Schools;
| ||||||
13 | M. For trustees of Sanitary Districts; and
| ||||||
14 | N. For Trustee of a Regional Board of School Trustees ; | ||||||
15 | and .
| ||||||
16 | O. For members of the State Board of Education.
| ||||||
17 | Each sheet shall report the returns by precinct or ward. | ||||||
18 | Multiple originals of each of the sheets shall be prepared | ||||||
19 | and one of
each shall be turned over to the chairman of the | ||||||
20 | county central
committee of each of the then existing | ||||||
21 | established political parties, as
defined in Section 10-2, or | ||||||
22 | his duly authorized representative
immediately after the | ||||||
23 | completion of the entries on the sheets and before
the totals | ||||||
24 | have been compiled.
| ||||||
25 | The foregoing abstracts shall be preserved by the election | ||||||
26 | authority in its office.
|
| |||||||
| |||||||
1 | Whenever any county clerk is unable to canvass the vote,
| ||||||
2 | the deputy county clerk or a designee of the county clerk shall | ||||||
3 | serve in his or her place.
| ||||||
4 | The powers and duties of the election authority canvassing | ||||||
5 | the votes are limited to
those specified in this Section.
| ||||||
6 | No person who is shown by the election authority's | ||||||
7 | proclamation to have been elected at the consolidated election | ||||||
8 | or general election as a write-in candidate shall take office | ||||||
9 | unless that person has first filed with the certifying office | ||||||
10 | or board a statement of candidacy pursuant to Section 7-10 or | ||||||
11 | Section 10-5, a statement pursuant to Section 7-10.1, and a | ||||||
12 | receipt for filing a statement of economic interests in | ||||||
13 | relation to the unit of government to which he or she has been | ||||||
14 | elected. For officers elected at the consolidated election, the | ||||||
15 | certifying officer shall notify the election authority of the | ||||||
16 | receipt of those documents, and the county clerk shall issue | ||||||
17 | the certification of election under the provisions of Section | ||||||
18 | 22-18. | ||||||
19 | (Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06; | ||||||
20 | 95-331, eff. 8-21-07.)
| ||||||
21 | (10 ILCS 5/22-7)
(from Ch. 46, par. 22-7)
| ||||||
22 | Sec. 22-7. Canvass of votes; declaration and proclamation | ||||||
23 | of result. The State Board of Elections, shall proceed within | ||||||
24 | 31 days
after the election,
and sooner if all the returns are | ||||||
25 | received, to canvass the votes given
for United States Senators |
| |||||||
| |||||||
1 | and Representatives to Congress, State
executive officers, | ||||||
2 | members of the State Board of Education, judges of the Supreme | ||||||
3 | Court, judges of the Appellate
Court, judges of the Circuit | ||||||
4 | Court, Senators, Representatives to the
General Assembly, | ||||||
5 | State's Attorneys and Regional Superintendents of Schools
| ||||||
6 | elected from 2 or more counties, respectively, and the persons
| ||||||
7 | having the highest number of votes for the respective offices | ||||||
8 | shall be
declared duly elected, but if it appears that more | ||||||
9 | than the number of
persons to be elected have the highest and | ||||||
10 | an equal number of votes for
the same office, the electoral | ||||||
11 | board shall decide by lot which of such
persons shall be | ||||||
12 | elected; and to each person duly elected, the Governor
shall | ||||||
13 | give a certificate of election or commission, as the case may
| ||||||
14 | require, and shall cause proclamation to be made of the result | ||||||
15 | of the
canvass, and they shall at the same time and in the same | ||||||
16 | manner, canvass
the vote cast upon amendments to the | ||||||
17 | Constitution, and upon other
propositions submitted to the | ||||||
18 | electors of the entire State; and the
Governor shall cause to | ||||||
19 | be made such proclamation of the result of the
canvass as the | ||||||
20 | statutes elsewhere provide. The State Board of Elections
shall | ||||||
21 | transmit to the State Comptroller a list of the persons elected | ||||||
22 | to
the various offices. The State Board of Elections shall also | ||||||
23 | transmit to
the Supreme Court the names of persons elected to | ||||||
24 | judgeships in
adversary elections and the names of judges who | ||||||
25 | fail to win retention in
office.
| ||||||
26 | No person who is shown by the canvassing board's |
| |||||||
| |||||||
1 | proclamation to have been elected at the consolidated election | ||||||
2 | or general election as a write-in candidate shall take office | ||||||
3 | unless that person has first filed with the certifying office | ||||||
4 | or board a statement of candidacy pursuant to Section 7-10 or | ||||||
5 | Section 10-5, a statement pursuant to Section 7-10.1, and a | ||||||
6 | receipt for filing a statement of economic interests in | ||||||
7 | relation to the unit of government to which he or she has been | ||||||
8 | elected. For officers elected at the consolidated election, the | ||||||
9 | certifying officer shall notify the election authority of the | ||||||
10 | receipt of those documents, and the county clerk shall issue | ||||||
11 | the certification of election under the provisions of Section | ||||||
12 | 22-18.
| ||||||
13 | (Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
| ||||||
14 | Section 10. The School Code is amended by changing
Sections | ||||||
15 | 1A-1, 1A-2, 1A-2.1, and 1A-4 as follows:
| ||||||
16 | (105 ILCS 5/1A-1) (from Ch. 122, par. 1A-1)
| ||||||
17 | Sec. 1A-1. Members and terms.
| ||||||
18 | (a) (Blank).
| ||||||
19 | (a-5) The term of each member of the State Board of | ||||||
20 | Education who is in
office on January 1, 2011 shall terminate | ||||||
21 | when all of the new members initially to be elected under this | ||||||
22 | amendatory Act of the 95th General
Assembly have taken office. | ||||||
23 | (b) Until all of the new members initially to be elected | ||||||
24 | under this amendatory
Act
of the 95th
General Assembly have |
| |||||||
| |||||||
1 | taken office, the The State Board of
Education shall consist of | ||||||
2 | 8
members and a chairperson, who shall be appointed by the
| ||||||
3 | Governor with the advice and consent
of the Senate from a | ||||||
4 | pattern of regional representation as follows: 2
appointees | ||||||
5 | shall be selected from among those counties of the State other
| ||||||
6 | than Cook County and the 5 counties contiguous to Cook County; | ||||||
7 | 2 appointees shall be selected from
Cook County, one of whom | ||||||
8 | shall be a resident of the City of
Chicago and one of whom | ||||||
9 | shall be a resident of that
part of Cook County
which lies | ||||||
10 | outside the city limits of Chicago; 2
appointees shall be
| ||||||
11 | selected from among the 5 counties of the State that are | ||||||
12 | contiguous to Cook
County; and 3 members
shall be selected as | ||||||
13 | members-at-large (one of which shall be the chairperson). The | ||||||
14 | Governor who takes office on the second Monday of January after | ||||||
15 | his or her election shall be the person who nominates members | ||||||
16 | to fill vacancies whose terms begin after that date and before | ||||||
17 | the term of the next Governor begins. | ||||||
18 | The term of each member of the State Board of Education | ||||||
19 | whose term expires on January 12, 2005 shall instead terminate | ||||||
20 | on the effective date of this amendatory Act of the 93rd | ||||||
21 | General Assembly. Of these 3 seats, (i) the member initially | ||||||
22 | appointed pursuant to this amendatory Act of the 93rd General | ||||||
23 | Assembly whose seat was vacant on April 27, 2004 shall serve | ||||||
24 | until the second Wednesday of January, 2009 and (ii) the other | ||||||
25 | 2 members initially appointed pursuant to this amendatory Act | ||||||
26 | of the 93rd General Assembly shall serve until the second |
| |||||||
| |||||||
1 | Wednesday of January, 2007. | ||||||
2 | The term of the member of the State Board of Education | ||||||
3 | whose seat was vacant on April 27, 2004 and whose term expires | ||||||
4 | on January 10, 2007 shall instead terminate on the effective | ||||||
5 | date of this amendatory Act of the 93rd General Assembly. The | ||||||
6 | member initially appointed pursuant to this amendatory Act of | ||||||
7 | the 93rd General Assembly to fill this seat shall be the | ||||||
8 | chairperson and shall serve until the second Wednesday of | ||||||
9 | January, 2007. | ||||||
10 | The term of the member of the State Board of Education | ||||||
11 | whose seat was vacant on May 28, 2004 but after April 27, 2004 | ||||||
12 | and whose term expires on January 10, 2007 shall instead | ||||||
13 | terminate on the effective date of this amendatory Act of the | ||||||
14 | 93rd General Assembly. The member initially appointed pursuant | ||||||
15 | to this amendatory Act of the 93rd General Assembly to fill | ||||||
16 | this seat shall serve until the second Wednesday of January, | ||||||
17 | 2007.
| ||||||
18 | The term of the other member of the State Board of | ||||||
19 | Education whose term expires on January 10, 2007 shall instead | ||||||
20 | terminate on the effective date of this amendatory Act of the | ||||||
21 | 93rd General Assembly. The member initially appointed pursuant | ||||||
22 | to this amendatory Act of the 93rd General Assembly to fill | ||||||
23 | this seat shall serve until the second Wednesday of January, | ||||||
24 | 2007. | ||||||
25 | The term of the member of the State Board of Education | ||||||
26 | whose term expires on January 14, 2009 and who was selected |
| |||||||
| |||||||
1 | from among the 5 counties of the State that are contiguous to | ||||||
2 | Cook County and is a resident of Lake County shall instead | ||||||
3 | terminate on the effective date of this amendatory Act of the | ||||||
4 | 93rd General Assembly. The member initially appointed pursuant | ||||||
5 | to this amendatory Act of the 93rd General Assembly to fill | ||||||
6 | this seat shall serve until the second Wednesday of January, | ||||||
7 | 2009. | ||||||
8 | Upon expiration of the terms of the members initially | ||||||
9 | appointed
under this amendatory Act of the 93rd General | ||||||
10 | Assembly and members whose terms were not terminated by this | ||||||
11 | amendatory Act of the 93rd General Assembly, their respective | ||||||
12 | successors shall be
appointed for terms that begin on of 4
| ||||||
13 | years, from the second Wednesday in January of 2007 or 2009, | ||||||
14 | whichever is applicable, each
odd
numbered year and until all | ||||||
15 | of the new
members initially to be elected under this | ||||||
16 | amendatory Act of the 95th General
Assembly have taken office | ||||||
17 | their respective successors are appointed and
qualified . | ||||||
18 | (c) This subsection (c) applies until all of the new
| ||||||
19 | members initially to be elected under this amendatory Act of | ||||||
20 | the 95th General
Assembly have taken office. Of the 4 members, | ||||||
21 | excluding the chairperson, whose terms expire on the second | ||||||
22 | Wednesday of January, 2007 and every 4 years thereafter, one of | ||||||
23 | those members must be an at-large member and at no time may | ||||||
24 | more than 2 of those members be from one political party. Of | ||||||
25 | the 4 members whose terms expire on the second Wednesday of | ||||||
26 | January, 2009 and every 4 years thereafter, one of those |
| |||||||
| |||||||
1 | members must be an at-large member and at no time may more than | ||||||
2 | 2 of those members be from one political party. Party | ||||||
3 | membership is defined as having voted in the primary of the | ||||||
4 | party in the last primary before appointment.
| ||||||
5 | (c-5) Beginning on the date when all of the new members | ||||||
6 | initially to be
elected
under this amendatory Act of the 95th | ||||||
7 | General Assembly have taken office, the
State
Board of | ||||||
8 | Education shall consist of 7 members. These members shall be | ||||||
9 | elected
on a
nonpartisan
basis at the general election in 2010 | ||||||
10 | and every 6 years thereafter. Three
members shall
be elected | ||||||
11 | from the First Judicial District, and one member shall be | ||||||
12 | elected
from each of
the 4 other judicial districts. A petition | ||||||
13 | for nomination of a candidate for
member of
the Board shall be | ||||||
14 | signed by at least 0.5% of the total number of registered
| ||||||
15 | voters in the
judicial district in which the person is a | ||||||
16 | candidate for nomination. Each
of these members shall
serve for | ||||||
17 | a term of 6 years, from the second Wednesday of January after | ||||||
18 | his or
her
election and until his or her successor takes | ||||||
19 | office.
| ||||||
20 | (d) Vacancies in terms shall be filled by appointment by | ||||||
21 | the
Governor with the advice and consent of the Senate for the | ||||||
22 | extent of the
unexpired term.
If a vacancy in membership occurs | ||||||
23 | at a time when the Senate is not in
session, the Governor shall | ||||||
24 | make a temporary appointment until the next meeting
of the | ||||||
25 | Senate, when the Governor shall appoint a person to fill that | ||||||
26 | membership
for the remainder of its term. If the Senate is not |
| |||||||
| |||||||
1 | in session when
appointments for a full term are made under | ||||||
2 | subsection (b) of this Section , the appointments shall be made | ||||||
3 | as in the
case of vacancies. A person selected to fill a | ||||||
4 | vacancy left by an elected member must be a
resident of the
| ||||||
5 | judicial district from which the elected member was elected.
| ||||||
6 | (Source: P.A. 93-1036, eff. 9-14-04.)
| ||||||
7 | (105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)
| ||||||
8 | Sec. 1A-2. Qualifications.
In order to be a member
The | ||||||
9 | members of
the State Board of Education , a person must be a | ||||||
10 | citizen
shall be citizens of the United States and a resident
| ||||||
11 | residents of
the State of Illinois . To be an elected member, a | ||||||
12 | person must also be a
resident of the judicial
district from
| ||||||
13 | which he or she was elected. Appointed members
and shall be | ||||||
14 | selected as far as may be practicable on the basis of their
| ||||||
15 | knowledge of, or interest and experience in, problems of public | ||||||
16 | education.
No member of the State Board of Education shall be | ||||||
17 | gainfully employed or
administratively connected with any | ||||||
18 | school system, nor have any interest in
or benefit from funds | ||||||
19 | provided by the State Board of Education to an
institution of | ||||||
20 | higher
learning, public or private, within Illinois, nor shall | ||||||
21 | they be members
of a school board or board of school trustees | ||||||
22 | of a public or nonpublic school,
college, university or | ||||||
23 | technical institution within Illinois. No member
shall be | ||||||
24 | appointed or elected to more than 2 six year terms. Members | ||||||
25 | shall
be reimbursed
for all ordinary and necessary expenses |
| |||||||
| |||||||
1 | incurred in performing their duties
as members of the Board. | ||||||
2 | Expenses shall be approved by the Board and be
consistent with | ||||||
3 | the laws, policies, and requirements of the
State of Illinois | ||||||
4 | regarding such expenditures, plus any member may include
in his | ||||||
5 | claim for expenses $50 per day for meeting days.
| ||||||
6 | (Source: P.A. 90-548, eff. 1-1-98.)
| ||||||
7 | (105 ILCS 5/1A-2.1) (from Ch. 122, par. 1A-2.1)
| ||||||
8 | Sec. 1A-2.1. Vacancies. The Governor may remove for | ||||||
9 | incompetence, neglect of duty, or malfeasance in office any | ||||||
10 | member of the State Board of Education. A vacancy also exists | ||||||
11 | on the State Board of
Education when one or more of the | ||||||
12 | following events occur:
| ||||||
13 | 1. A member dies.
| ||||||
14 | 2. A member files a written resignation with the Governor.
| ||||||
15 | 3. A member is adjudicated to be a person under legal | ||||||
16 | disability under
the Probate Act of 1975 or
a person subject to | ||||||
17 | involuntary admission
under the Mental Health and | ||||||
18 | Developmental Disabilities Code.
| ||||||
19 | 4. For appointed members, a A member ceases to be a | ||||||
20 | resident of the region from
which he or she was appointed.
| ||||||
21 | 5. A member is convicted of an infamous crime or of any | ||||||
22 | offense
involving a violation of his or her duties under this | ||||||
23 | Code.
| ||||||
24 | 6. A member fails to maintain the qualifications stated in | ||||||
25 | Section
1A-2 of this Code.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-1036, eff. 9-14-04.)
| ||||||
2 | (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
| ||||||
3 | (Text of Section before amendment by P.A. 95-626 )
| ||||||
4 | Sec. 1A-4. Powers and duties of the Board.
| ||||||
5 | A. (Blank).
| ||||||
6 | A-5. When all of the new members initially to be
elected | ||||||
7 | under
this amendatory Act of the 95th General Assembly have | ||||||
8 | taken office and every 2
years
thereafter, one member of the | ||||||
9 | Board shall be elected by the members of Board to
serve as
| ||||||
10 | chairperson for 2 years. | ||||||
11 | B. The Board shall determine the qualifications of and | ||||||
12 | appoint a
chief education officer, to be known as the State | ||||||
13 | Superintendent of
Education, who may be proposed by the | ||||||
14 | Governor and who shall serve at the pleasure of the Board and | ||||||
15 | pursuant to a
performance-based contract linked to statewide | ||||||
16 | student performance and academic
improvement within Illinois | ||||||
17 | schools. Upon expiration or buyout of the contract of the State | ||||||
18 | Superintendent of Education in office when all of the new | ||||||
19 | members initially to be elected under on the effective date of | ||||||
20 | this amendatory Act of the 95th 93rd General Assembly have | ||||||
21 | taken office , a new State Superintendent of Education shall be | ||||||
22 | appointed by a State Board of Education that includes the 7 new | ||||||
23 | Board members who were appointed to fill seats of members whose | ||||||
24 | terms were terminated on the effective date of this amendatory | ||||||
25 | Act of the 93rd General Assembly. Thereafter, a State |
| |||||||
| |||||||
1 | Superintendent of Education must, at a minimum, be appointed at | ||||||
2 | the beginning of each term of a Governor after that Governor | ||||||
3 | has made appointments to the Board . Beginning when all of the | ||||||
4 | new members initially to be elected under this amendatory Act | ||||||
5 | of the 95th General Assembly have taken office, no | ||||||
6 | performance-based
contract issued for the employment of the | ||||||
7 | State Superintendent of
Education may be for a term longer than | ||||||
8 | 3 years, and no contract
may be
extended or renewed prior to | ||||||
9 | its scheduled expiration unless the performance
and | ||||||
10 | improvement goals contained in the contract have been met. A | ||||||
11 | performance-based
contract issued for the employment of a State | ||||||
12 | Superintendent of
Education entered into before the new members | ||||||
13 | initially to be elected under this amendatory Act of the 95th | ||||||
14 | General Assembly have taken office on or after the effective | ||||||
15 | date of this amendatory Act of the 93rd General Assembly must | ||||||
16 | expire no later than February 1, 2011 2007, and subsequent | ||||||
17 | contracts must expire no later than February 1 each 4 years | ||||||
18 | thereafter . This No contract must not
shall be
extended or | ||||||
19 | renewed beyond February 1, 2011 2007 and February 1 each 4 | ||||||
20 | years thereafter , but the a State Superintendent of Education | ||||||
21 | shall serve until his or her successor is appointed. Each | ||||||
22 | contract entered into on or before January 8, 2007 with a State | ||||||
23 | Superintendent of Education must provide that the State Board | ||||||
24 | of Education may terminate the contract for cause, and the | ||||||
25 | State Board of Education shall not thereafter be liable for | ||||||
26 | further payments under the contract. With regard to this |
| |||||||
| |||||||
1 | amendatory Act of the 93rd General Assembly, it is the intent | ||||||
2 | of the General Assembly that, beginning with the Governor who | ||||||
3 | takes office on the second Monday of January, 2007, a State | ||||||
4 | Superintendent of Education be appointed at the beginning of | ||||||
5 | each term of a Governor after that Governor has made | ||||||
6 | appointments to the Board. The State
Superintendent of | ||||||
7 | Education shall not serve as a member of the State
Board of | ||||||
8 | Education. The Board shall set the compensation of the State
| ||||||
9 | Superintendent of Education who shall serve as the Board's | ||||||
10 | chief
executive officer. The Board shall also establish the | ||||||
11 | duties, powers and
responsibilities of the State | ||||||
12 | Superintendent, which shall be included in the
State | ||||||
13 | Superintendent's performance-based contract along with the | ||||||
14 | goals and
indicators of student performance and academic | ||||||
15 | improvement used to measure the
performance and effectiveness | ||||||
16 | of the State Superintendent.
The State Board of Education may | ||||||
17 | delegate
to the State Superintendent of Education the authority | ||||||
18 | to act on the Board's
behalf, provided such delegation is made | ||||||
19 | pursuant to adopted board policy
or the powers delegated are | ||||||
20 | ministerial in nature. The State Board may
not delegate | ||||||
21 | authority under this Section to the State Superintendent to
(1) | ||||||
22 | nonrecognize school districts, (2) withhold State payments as a | ||||||
23 | penalty,
or (3) make final decisions under the contested case | ||||||
24 | provisions of the Illinois
Administrative Procedure Act unless | ||||||
25 | otherwise provided by law.
| ||||||
26 | C. The powers and duties of the State Board of Education |
| |||||||
| |||||||
1 | shall encompass all
duties delegated to the Office of | ||||||
2 | Superintendent of Public Instruction on
January 12, 1975, | ||||||
3 | except as the law providing for such powers and duties is
| ||||||
4 | thereafter amended, and such other powers and duties as the | ||||||
5 | General Assembly
shall designate. The Board shall be | ||||||
6 | responsible for the educational policies
and guidelines for | ||||||
7 | public schools, pre-school through grade
12 and Vocational | ||||||
8 | Education in the State of Illinois. The Board shall
analyze the | ||||||
9 | present and future aims, needs, and requirements of
education | ||||||
10 | in the State of Illinois and recommend to the General Assembly
| ||||||
11 | the powers which should be exercised by the Board. The Board | ||||||
12 | shall
recommend the passage and the legislation necessary to | ||||||
13 | determine the
appropriate relationship between the Board and | ||||||
14 | local boards of education
and the various State agencies and | ||||||
15 | shall recommend desirable
modifications in the laws which | ||||||
16 | affect schools.
| ||||||
17 | D. Two members of the Board shall be appointed by the | ||||||
18 | chairperson
to serve on a standing joint Education Committee, 2 | ||||||
19 | others shall be
appointed from the Board of Higher Education, 2
| ||||||
20 | others shall be appointed by the chairperson of the
Illinois | ||||||
21 | Community College Board, and 2 others shall be appointed by the
| ||||||
22 | chairperson of the Human Resource Investment Council. The
| ||||||
23 | Committee shall be
responsible for making recommendations | ||||||
24 | concerning the submission of any
workforce development plan or | ||||||
25 | workforce training program required by federal
law or under any | ||||||
26 | block grant authority. The Committee will be
responsible for |
| |||||||
| |||||||
1 | developing policy on matters of mutual concern to
elementary, | ||||||
2 | secondary and higher education such as Occupational and
Career | ||||||
3 | Education, Teacher Preparation and Certification, Educational
| ||||||
4 | Finance, Articulation between Elementary, Secondary and Higher | ||||||
5 | Education
and Research and Planning. The joint Education | ||||||
6 | Committee shall meet at
least quarterly and submit an annual | ||||||
7 | report of its findings,
conclusions, and recommendations to the | ||||||
8 | State Board of Education, the Board of
Higher Education, the | ||||||
9 | Illinois Community College Board,
the Human Resource | ||||||
10 | Investment Council, the Governor, and the
General
Assembly. All | ||||||
11 | meetings of this Committee shall be official meetings for
| ||||||
12 | reimbursement under this Act.
| ||||||
13 | E. A majority Five members of the Board shall constitute a | ||||||
14 | quorum. A
majority
vote of the members appointed, confirmed and | ||||||
15 | serving on the Board , excluding members who have been appointed | ||||||
16 | but have not been confirmed, is
required to approve any action, | ||||||
17 | except that the 7 new Board members who were appointed to fill | ||||||
18 | seats of members whose terms were terminated on the effective | ||||||
19 | date of this amendatory act of the 93rd General Assembly may | ||||||
20 | vote to approve actions when appointed and serving.
| ||||||
21 | The Board shall prepare and submit to the General Assembly | ||||||
22 | and the
Governor on or before January 14, 1976 and annually | ||||||
23 | thereafter a report
or reports of its findings and | ||||||
24 | recommendations. Such annual report shall
contain a separate | ||||||
25 | section which provides a critique and analysis of the
status of | ||||||
26 | education in Illinois and which identifies its specific |
| |||||||
| |||||||
1 | problems
and recommends express solutions therefor.
Such | ||||||
2 | annual report also shall contain the following information for | ||||||
3 | the
preceding year ending on June 30: each act or omission of a | ||||||
4 | school district
of which the State Board of Education has | ||||||
5 | knowledge as a consequence of
scheduled, approved visits and | ||||||
6 | which constituted a
failure by the district to comply with | ||||||
7 | applicable State or federal laws or
regulations relating to | ||||||
8 | public education, the name of such district, the date
or dates | ||||||
9 | on which the State Board of Education notified the school | ||||||
10 | district of
such act or omission, and what action, if any, the | ||||||
11 | school district took with
respect thereto after being notified | ||||||
12 | thereof by the State Board of Education.
The report shall also | ||||||
13 | include the statewide high school dropout rate by
grade level, | ||||||
14 | sex and race and the annual student dropout rate of and the
| ||||||
15 | number of students who graduate from, transfer from or | ||||||
16 | otherwise leave
bilingual programs. The Auditor General shall | ||||||
17 | annually perform a
compliance audit of the State Board of | ||||||
18 | Education's performance of the
reporting duty imposed by this | ||||||
19 | amendatory Act of 1986. A regular system of
communication with | ||||||
20 | other directly related State agencies shall be
implemented.
| ||||||
21 | The requirement for reporting to the General Assembly shall | ||||||
22 | be satisfied
by filing copies of the report with the Speaker, | ||||||
23 | the Minority Leader and
the Clerk of the House of | ||||||
24 | Representatives and the President, the Minority
Leader and the | ||||||
25 | Secretary of the Senate and the Legislative Council, as | ||||||
26 | required
by Section 3.1 of the General
Assembly Organization |
| |||||||
| |||||||
1 | Act, and
filing such additional
copies with the State | ||||||
2 | Government Report Distribution Center for the General
Assembly | ||||||
3 | as is required under paragraph (t) of Section 7 of the State | ||||||
4 | Library
Act.
| ||||||
5 | F. Upon all of the new members initially to be elected | ||||||
6 | under this amendatory Act of the 95th General Assembly taking | ||||||
7 | office appointment of the 7 new Board members who were | ||||||
8 | appointed to fill seats of members whose terms were terminated | ||||||
9 | on the effective date of this amendatory Act of the 93rd | ||||||
10 | General Assembly , the Board shall review all of its current | ||||||
11 | rules in an effort to streamline procedures, improve | ||||||
12 | efficiency, and eliminate unnecessary forms and paperwork.
| ||||||
13 | (Source: P.A. 93-1036, eff. 9-14-04.)
| ||||||
14 | (Text of Section after amendment by P.A. 95-626 )
| ||||||
15 | Sec. 1A-4. Powers and duties of the Board.
| ||||||
16 | A. (Blank).
| ||||||
17 | A-5. When all of the new members initially to be
elected | ||||||
18 | under
this amendatory Act of the 95th General Assembly have | ||||||
19 | taken office and every 2
years
thereafter, one member of the | ||||||
20 | Board shall be elected by the members of Board to
serve as
| ||||||
21 | chairperson for 2 years. | ||||||
22 | B. The Board shall determine the qualifications of and | ||||||
23 | appoint a
chief education officer, to be known as the State | ||||||
24 | Superintendent of
Education, who may be proposed by the | ||||||
25 | Governor and who shall serve at the pleasure of the Board and |
| |||||||
| |||||||
1 | pursuant to a
performance-based contract linked to statewide | ||||||
2 | student performance and academic
improvement within Illinois | ||||||
3 | schools. Upon expiration or buyout of the contract of the State | ||||||
4 | Superintendent of Education in office when all of the new | ||||||
5 | members initially to be elected under on the effective date of | ||||||
6 | this amendatory Act of the 95th 93rd General Assembly have | ||||||
7 | taken office , a new State Superintendent of Education shall be | ||||||
8 | appointed by a State Board of Education that includes the 7 new | ||||||
9 | Board members who were appointed to fill seats of members whose | ||||||
10 | terms were terminated on the effective date of this amendatory | ||||||
11 | Act of the 93rd General Assembly. Thereafter, a State | ||||||
12 | Superintendent of Education must, at a minimum, be appointed at | ||||||
13 | the beginning of each term of a Governor after that Governor | ||||||
14 | has made appointments to the Board . Beginning when all of the | ||||||
15 | new members initially to be elected under this amendatory Act | ||||||
16 | of the 95th General Assembly have taken office, no | ||||||
17 | performance-based
contract issued for the employment of the | ||||||
18 | State Superintendent of
Education may be for a term longer than | ||||||
19 | 3 years, and no contract
may be
extended or renewed prior to | ||||||
20 | its scheduled expiration unless the performance
and | ||||||
21 | improvement goals contained in the contract have been met. A | ||||||
22 | performance-based
contract issued for the employment of a State | ||||||
23 | Superintendent of
Education entered into before the new members | ||||||
24 | initially to be elected under this amendatory Act of the 95th | ||||||
25 | General Assembly have taken office on or after the effective | ||||||
26 | date of this amendatory Act of the 93rd General Assembly must |
| |||||||
| |||||||
1 | expire no later than February 1, 2011 2007, and subsequent | ||||||
2 | contracts must expire no later than February 1 each 4 years | ||||||
3 | thereafter . This No contract must not
shall be
extended or | ||||||
4 | renewed beyond February 1, 2011 2007 and February 1 each 4 | ||||||
5 | years thereafter , but the a State Superintendent of Education | ||||||
6 | shall serve until his or her successor is appointed. Each | ||||||
7 | contract entered into on or before January 8, 2007 with a State | ||||||
8 | Superintendent of Education must provide that the State Board | ||||||
9 | of Education may terminate the contract for cause, and the | ||||||
10 | State Board of Education shall not thereafter be liable for | ||||||
11 | further payments under the contract. With regard to this | ||||||
12 | amendatory Act of the 93rd General Assembly, it is the intent | ||||||
13 | of the General Assembly that, beginning with the Governor who | ||||||
14 | takes office on the second Monday of January, 2007, a State | ||||||
15 | Superintendent of Education be appointed at the beginning of | ||||||
16 | each term of a Governor after that Governor has made | ||||||
17 | appointments to the Board. The State
Superintendent of | ||||||
18 | Education shall not serve as a member of the State
Board of | ||||||
19 | Education. The Board shall set the compensation of the State
| ||||||
20 | Superintendent of Education who shall serve as the Board's | ||||||
21 | chief
executive officer. The Board shall also establish the | ||||||
22 | duties, powers and
responsibilities of the State | ||||||
23 | Superintendent, which shall be included in the
State | ||||||
24 | Superintendent's performance-based contract along with the | ||||||
25 | goals and
indicators of student performance and academic | ||||||
26 | improvement used to measure the
performance and effectiveness |
| |||||||
| |||||||
1 | of the State Superintendent.
The State Board of Education may | ||||||
2 | delegate
to the State Superintendent of Education the authority | ||||||
3 | to act on the Board's
behalf, provided such delegation is made | ||||||
4 | pursuant to adopted board policy
or the powers delegated are | ||||||
5 | ministerial in nature. The State Board may
not delegate | ||||||
6 | authority under this Section to the State Superintendent to
(1) | ||||||
7 | nonrecognize school districts, (2) withhold State payments as a | ||||||
8 | penalty,
or (3) make final decisions under the contested case | ||||||
9 | provisions of the Illinois
Administrative Procedure Act unless | ||||||
10 | otherwise provided by law.
| ||||||
11 | C. The powers and duties of the State Board of Education | ||||||
12 | shall encompass all
duties delegated to the Office of | ||||||
13 | Superintendent of Public Instruction on
January 12, 1975, | ||||||
14 | except as the law providing for such powers and duties is
| ||||||
15 | thereafter amended, and such other powers and duties as the | ||||||
16 | General Assembly
shall designate. The Board shall be | ||||||
17 | responsible for the educational policies
and guidelines for | ||||||
18 | public schools, pre-school through grade
12 and Vocational | ||||||
19 | Education in the State of Illinois. The Board shall
analyze the | ||||||
20 | present and future aims, needs, and requirements of
education | ||||||
21 | in the State of Illinois and recommend to the General Assembly
| ||||||
22 | the powers which should be exercised by the Board. The Board | ||||||
23 | shall
recommend the passage and the legislation necessary to | ||||||
24 | determine the
appropriate relationship between the Board and | ||||||
25 | local boards of education
and the various State agencies and | ||||||
26 | shall recommend desirable
modifications in the laws which |
| |||||||
| |||||||
1 | affect schools.
| ||||||
2 | D. Two members of the Board shall be appointed by the | ||||||
3 | chairperson
to serve on a standing joint Education Committee, 2 | ||||||
4 | others shall be
appointed from the Board of Higher Education, 2
| ||||||
5 | others shall be appointed by the chairperson of the
Illinois | ||||||
6 | Community College Board, and 2 others shall be appointed by the
| ||||||
7 | chairperson of the Human Resource Investment Council. The
| ||||||
8 | Committee shall be
responsible for making recommendations | ||||||
9 | concerning the submission of any
workforce development plan or | ||||||
10 | workforce training program required by federal
law or under any | ||||||
11 | block grant authority. The Committee will be
responsible for | ||||||
12 | developing policy on matters of mutual concern to
elementary, | ||||||
13 | secondary and higher education such as Occupational and
Career | ||||||
14 | Education, Teacher Preparation and Certification, Educational
| ||||||
15 | Finance, Articulation between Elementary, Secondary and Higher | ||||||
16 | Education
and Research and Planning. The joint Education | ||||||
17 | Committee shall meet at
least quarterly and submit an annual | ||||||
18 | report of its findings,
conclusions, and recommendations to the | ||||||
19 | State Board of Education, the Board of
Higher Education, the | ||||||
20 | Illinois Community College Board,
the Human Resource | ||||||
21 | Investment Council, the Governor, and the
General
Assembly. All | ||||||
22 | meetings of this Committee shall be official meetings for
| ||||||
23 | reimbursement under this Act. On the effective date of this | ||||||
24 | amendatory Act of the 95th General Assembly, the Joint | ||||||
25 | Education Committee is abolished.
| ||||||
26 | E. A majority Five members of the Board shall constitute a |
| |||||||
| |||||||
1 | quorum. A
majority
vote of the members appointed, confirmed and | ||||||
2 | serving on the Board , excluding members who have been appointed | ||||||
3 | but have not been confirmed, is
required to approve any action, | ||||||
4 | except that the 7 new Board members who were appointed to fill | ||||||
5 | seats of members whose terms were terminated on the effective | ||||||
6 | date of this amendatory act of the 93rd General Assembly may | ||||||
7 | vote to approve actions when appointed and serving.
| ||||||
8 | The Board shall prepare and submit to the General Assembly | ||||||
9 | and the
Governor on or before January 14, 1976 and annually | ||||||
10 | thereafter a report
or reports of its findings and | ||||||
11 | recommendations. Such annual report shall
contain a separate | ||||||
12 | section which provides a critique and analysis of the
status of | ||||||
13 | education in Illinois and which identifies its specific | ||||||
14 | problems
and recommends express solutions therefor.
Such | ||||||
15 | annual report also shall contain the following information for | ||||||
16 | the
preceding year ending on June 30: each act or omission of a | ||||||
17 | school district
of which the State Board of Education has | ||||||
18 | knowledge as a consequence of
scheduled, approved visits and | ||||||
19 | which constituted a
failure by the district to comply with | ||||||
20 | applicable State or federal laws or
regulations relating to | ||||||
21 | public education, the name of such district, the date
or dates | ||||||
22 | on which the State Board of Education notified the school | ||||||
23 | district of
such act or omission, and what action, if any, the | ||||||
24 | school district took with
respect thereto after being notified | ||||||
25 | thereof by the State Board of Education.
The report shall also | ||||||
26 | include the statewide high school dropout rate by
grade level, |
| |||||||
| |||||||
1 | sex and race and the annual student dropout rate of and the
| ||||||
2 | number of students who graduate from, transfer from or | ||||||
3 | otherwise leave
bilingual programs. The Auditor General shall | ||||||
4 | annually perform a
compliance audit of the State Board of | ||||||
5 | Education's performance of the
reporting duty imposed by this | ||||||
6 | amendatory Act of 1986. A regular system of
communication with | ||||||
7 | other directly related State agencies shall be
implemented.
| ||||||
8 | The requirement for reporting to the General Assembly shall | ||||||
9 | be satisfied
by filing copies of the report with the Speaker, | ||||||
10 | the Minority Leader and
the Clerk of the House of | ||||||
11 | Representatives and the President, the Minority
Leader and the | ||||||
12 | Secretary of the Senate and the Legislative Council, as | ||||||
13 | required
by Section 3.1 of the General
Assembly Organization | ||||||
14 | Act, and
filing such additional
copies with the State | ||||||
15 | Government Report Distribution Center for the General
Assembly | ||||||
16 | as is required under paragraph (t) of Section 7 of the State | ||||||
17 | Library
Act.
| ||||||
18 | F. Upon all of the new members initially to be elected | ||||||
19 | under this amendatory Act of the 95th General Assembly taking | ||||||
20 | office appointment of the 7 new Board members who were | ||||||
21 | appointed to fill seats of members whose terms were terminated | ||||||
22 | on the effective date of this amendatory Act of the 93rd | ||||||
23 | General Assembly , the Board shall review all of its current | ||||||
24 | rules in an effort to streamline procedures, improve | ||||||
25 | efficiency, and eliminate unnecessary forms and paperwork.
| ||||||
26 | (Source: P.A. 95-626, eff. 6-1-08.)
|
| |||||||
| |||||||
1 | Section 95. No acceleration or delay. Where this Act makes | ||||||
2 | changes in a statute that is represented in this Act by text | ||||||
3 | that is not yet or no longer in effect (for example, a Section | ||||||
4 | represented by multiple versions), the use of that text does | ||||||
5 | not accelerate or delay the taking effect of (i) the changes | ||||||
6 | made by this Act or (ii) provisions derived from any other | ||||||
7 | Public Act. |