Full Text of HB5815 102nd General Assembly
HB5815 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5815 Introduced 11/16/2022, by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/34-3 | from Ch. 122, par. 34-3 |
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Amends the Chicago School District Article of the School Code. Provides that each member of the Chicago Board of Education shall select a constituent service coordinator, who shall be an employee of the Board but whose employment shall be at the will of the respective Board member.
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| | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 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 Section | 5 | | 34-3 as follows:
| 6 | | (105 ILCS 5/34-3) (from Ch. 122, par. 34-3)
| 7 | | (Text of Section before amendment by P.A. 102-177 )
| 8 | | Sec. 34-3. Chicago School Reform Board of Trustees; new | 9 | | Chicago Board of
Education; members; term; vacancies.
| 10 | | (a) Within 30 days after the effective date of this | 11 | | amendatory Act of
1995, the terms of all members of the Chicago | 12 | | Board of Education
holding office on that date are abolished | 13 | | and the Mayor shall appoint,
without the consent or approval | 14 | | of the City Council, a 5 member
Chicago School Reform Board of | 15 | | Trustees which shall take office upon the
appointment of the | 16 | | fifth member. The Chicago School
Reform Board of Trustees and | 17 | | its members
shall serve until, and the terms of all members of | 18 | | the Chicago School
Reform Board of Trustees shall expire on, | 19 | | June 30, 1999 or upon the
appointment of a new Chicago Board of | 20 | | Education as provided
in subsection (b), whichever is later. | 21 | | Any vacancy in the membership of
the Trustees shall be filled | 22 | | through appointment by the Mayor,
without the consent or | 23 | | approval of the City Council, for the unexpired term.
One of |
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| 1 | | the members appointed by the Mayor to the Trustees shall
be | 2 | | designated by the Mayor to serve as President of the Trustees. | 3 | | The
Mayor shall appoint a full-time, compensated
chief | 4 | | executive officer, and his or her compensation as such chief | 5 | | executive
officer shall be determined by the Mayor. The Mayor, | 6 | | at his or her discretion,
may appoint the President to serve | 7 | | simultaneously as the chief executive
officer.
| 8 | | (b) Within 30 days before the expiration of the terms of | 9 | | the members of
the Chicago Reform Board of Trustees as | 10 | | provided in subsection (a), a new
Chicago Board of Education | 11 | | consisting of 7 members shall be appointed by the
Mayor to take | 12 | | office on the later of July 1, 1999 or the appointment of the
| 13 | | seventh member. Three of the members initially so appointed | 14 | | under this
subsection shall serve for terms ending June 30, | 15 | | 2002, 4 of the members
initially so appointed under this | 16 | | subsection shall serve for terms ending
June 30, 2003, and | 17 | | each member initially so appointed shall continue to hold
| 18 | | office until his or her successor is appointed and qualified. | 19 | | Thereafter at
the expiration of the term of any member a | 20 | | successor
shall be appointed by the Mayor and shall hold | 21 | | office for a term of 4 years,
from July 1 of the year in which | 22 | | the term commences and until a successor
is appointed and | 23 | | qualified. Any vacancy in the membership of the Chicago Board
| 24 | | of Education shall be filled through appointment by the Mayor | 25 | | for the
unexpired term. No appointment to membership on the
| 26 | | Chicago Board of Education that is made by the Mayor under
this |
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| 1 | | subsection shall require the approval of the City
Council, | 2 | | whether the appointment is made for a full term or to fill a | 3 | | vacancy
for an unexpired term on the Board. The board shall | 4 | | elect annually from its
number a president and vice-president, | 5 | | in such
manner and at such
time as the board determines by its | 6 | | rules. The officers so elected shall each
perform the duties | 7 | | imposed upon their respective office by the rules of the
| 8 | | board, provided that (i) the president shall preside at | 9 | | meetings of the board
and vote as any other member but have no | 10 | | power of veto, and (ii) the vice
president shall perform the | 11 | | duties of the president if that office is vacant or
the | 12 | | president is absent or unable to act.
The secretary of the | 13 | | Board shall be selected by the Board and shall be an
employee | 14 | | of the Board rather than a member of the Board, | 15 | | notwithstanding
subsection (d) of Section 34-3.3. The duties | 16 | | of the secretary shall be
imposed by the rules of the Board. | 17 | | Each member of the Board shall select a constituent service | 18 | | coordinator, who shall report to that respective member of the | 19 | | Board and shall be an employee of the Board but whose | 20 | | employment shall be at the will of the Board member.
| 21 | | (c) The board may appoint a student to the board to serve | 22 | | in an advisory capacity. The student member shall serve for a | 23 | | term as determined by the board. The board may not grant the | 24 | | student member any voting privileges, but shall consider the | 25 | | student member as an advisor. The student member may not | 26 | | participate in or attend any executive session of the board.
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| 1 | | (Source: P.A. 94-231, eff. 7-14-05.)
| 2 | | (Text of Section after amendment by P.A. 102-177 )
| 3 | | Sec. 34-3. Chicago School Reform Board of Trustees; new | 4 | | Chicago Board of
Education; members; term; vacancies.
| 5 | | (a) Within 30 days after the effective date of this | 6 | | amendatory Act of
1995, the terms of all members of the Chicago | 7 | | Board of Education
holding office on that date are abolished | 8 | | and the Mayor shall appoint,
without the consent or approval | 9 | | of the City Council, a 5 member
Chicago School Reform Board of | 10 | | Trustees which shall take office upon the
appointment of the | 11 | | fifth member. The Chicago School
Reform Board of Trustees and | 12 | | its members
shall serve until, and the terms of all members of | 13 | | the Chicago School
Reform Board of Trustees shall expire on, | 14 | | June 30, 1999 or upon the
appointment of a new Chicago Board of | 15 | | Education as provided
in subsection (b), whichever is later. | 16 | | Any vacancy in the membership of
the Trustees shall be filled | 17 | | through appointment by the Mayor,
without the consent or | 18 | | approval of the City Council, for the unexpired term.
One of | 19 | | the members appointed by the Mayor to the Trustees shall
be | 20 | | designated by the Mayor to serve as President of the Trustees. | 21 | | The
Mayor shall appoint a full-time, compensated
chief | 22 | | executive officer, and his or her compensation as such chief | 23 | | executive
officer shall be determined by the Mayor. The Mayor, | 24 | | at his or her discretion,
may appoint the President to serve | 25 | | simultaneously as the chief executive
officer.
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| 1 | | (b) This subsection applies until January 15, 2025. Within | 2 | | 30 days before the expiration of the terms of the members of
| 3 | | the Chicago Reform Board of Trustees as provided in subsection | 4 | | (a), a new
Chicago Board of Education consisting of 7 members | 5 | | shall be appointed by the
Mayor to take office on the later of | 6 | | July 1, 1999 or the appointment of the
seventh member. Three of | 7 | | the members initially so appointed under this
subsection shall | 8 | | serve for terms ending June 30, 2002, 4 of the members
| 9 | | initially so appointed under this subsection shall serve for | 10 | | terms ending
June 30, 2003, and each member initially so | 11 | | appointed shall continue to hold
office until his or her | 12 | | successor is appointed and qualified. | 13 | | (b-5) On January 15, 2025, the terms of all members of the
| 14 | | Chicago Board of Education appointed under subsection (b) are
| 15 | | abolished when the new board, consisting of 21 members, is | 16 | | appointed by the Mayor and elected by the electors of the | 17 | | school district as provided under subsections (b-10) and | 18 | | (b-15) and takes office. | 19 | | (b-10) By December 16, 2024 for a term of office beginning | 20 | | on January 15, 2025, the Mayor shall appoint 10 Chicago Board | 21 | | of Education members to serve terms of 2 years. All appointed | 22 | | members shall serve until a successor is appointed or elected | 23 | | and qualified. Thereafter at
the expiration of the term of any | 24 | | member a successor
shall be elected and shall hold office for a | 25 | | term of 4 years,
from January 15 of the year in which the term | 26 | | commences and until a successor
is appointed or elected and |
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| 1 | | qualified. Any vacancy in the appointed membership of the | 2 | | Chicago Board
of Education shall be filled through appointment | 3 | | by the Mayor for the
unexpired term. The terms of the 10 | 4 | | appointed members under this subsection shall end on January | 5 | | 14, 2027.
By December 16, 2024 for a term of office beginning
| 6 | | on January 15, 2025, the Mayor shall appoint a President of the | 7 | | Board for a term of 2 years. The board shall elect annually | 8 | | from its
number a vice-president, in such
manner and at such
| 9 | | time as the board determines by its rules. The president | 10 | | appointed by the Mayor and vice-president elected by the board | 11 | | shall each
perform the duties imposed upon their respective | 12 | | office by the rules of the
board, provided that (i) the | 13 | | president shall preside at meetings of the board
and shall | 14 | | only
have voting rights to break a voting tie of the other | 15 | | Chicago
Board of Education elected and appointed members and | 16 | | (ii) the vice
president shall perform the duties of the | 17 | | president if that office is vacant or
the president is absent | 18 | | or unable to act. Beginning with the 2026 general election, | 19 | | one member shall be elected at large and serve as the president | 20 | | of the board.
After January 15, 2027, the president shall | 21 | | preside at meetings of the board and vote as any other member | 22 | | but have no power of veto.
The secretary of the Board shall be | 23 | | selected by the Board and shall be an
employee of the Board | 24 | | rather than a member of the Board, notwithstanding
subsection | 25 | | (d) of Section 34-3.3. The duties of the secretary shall be
| 26 | | imposed by the rules of the Board. Each member of the Board |
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| 1 | | shall select a constituent service coordinator, who shall | 2 | | report to that respective member of the Board and shall be an | 3 | | employee of the Board but whose employment shall be at the will | 4 | | of the Board member.
| 5 | | (b-15) Beginning with the 2024 general election, 10 | 6 | | members of the Chicago Board of Education shall be elected to | 7 | | serve a term of 4 years in office beginning on January 15, | 8 | | 2025. Beginning with the 2026 general election, 10 members of | 9 | | the Chicago Board of Education shall be elected to serve a term | 10 | | of 4 years in office beginning on January 15, 2027. Whenever a | 11 | | vacancy of a Chicago Board of Education elected board member | 12 | | occurs, the President of the Board shall notify the Mayor of | 13 | | the vacancy within 7 days after its occurrence and shall, | 14 | | within 30 days, fill the vacancy for the remainder of the | 15 | | unexpired term by majority vote of the remaining board | 16 | | members. The successor shall have the same qualifications as | 17 | | his or her predecessor. | 18 | | For purposes of elections conducted under this subsection, | 19 | | the City of Chicago shall be subdivided into electoral | 20 | | districts as provided under subsection (a) of Section | 21 | | 34-21.10. From January 15, 2025 to January 14, 2027, each | 22 | | district shall be represented by one elected member and one | 23 | | appointed member. After January 15, 2027, each district shall | 24 | | be represented by one elected member. | 25 | | (b-30) No member shall have, or be an employee or owner of | 26 | | a company that has, a contract with the school district. No |
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| 1 | | former officer, member, or employee of the board shall, within | 2 | | a period of one year immediately after termination of service | 3 | | on the board, knowingly accept employment or receive | 4 | | compensation or fees for services from a person or entity if | 5 | | the officer, member, or employee, during the year immediately | 6 | | preceding termination of service on the board, participated | 7 | | personally and substantially in the award of contracts with | 8 | | the board or the school district, or the issuance of contract | 9 | | change orders with the board or the school district, with a | 10 | | cumulative value of $25,000 or more to the person or entity, or | 11 | | its parent or subsidiary. | 12 | | (c) The board may appoint a student to the board to serve | 13 | | in an advisory capacity. The student member shall serve for a | 14 | | term as determined by the board. The board may not grant the | 15 | | student member any voting privileges, but shall consider the | 16 | | student member as an advisor. The student member may not | 17 | | participate in or attend any executive session of the board.
| 18 | | (Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21.)
| 19 | | Section 95. No acceleration or delay. Where this Act makes | 20 | | changes in a statute that is represented in this Act by text | 21 | | that is not yet or no longer in effect (for example, a Section | 22 | | represented by multiple versions), the use of that text does | 23 | | not accelerate or delay the taking effect of (i) the changes | 24 | | made by this Act or (ii) provisions derived from any other | 25 | | Public Act.
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