Full Text of SB0827 102nd General Assembly
SB0827sam001 102ND GENERAL ASSEMBLY | Sen. Kimberly A. Lightford Filed: 4/15/2021
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| 1 | | AMENDMENT TO SENATE BILL 827
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 827 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing | 5 | | Sections 34-3, 34-3.2, 34-4, and 34-13.1 and by adding | 6 | | Sections 34-4.1 and 34-21.9 as follows:
| 7 | | (105 ILCS 5/34-3) (from Ch. 122, par. 34-3)
| 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 |
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| 1 | | its members
shall serve until, and the terms of all members of | 2 | | the Chicago School
Reform Board of Trustees shall expire on, | 3 | | June 30, 1999 or upon the
appointment of a new Chicago Board of | 4 | | Education as provided
in subsection (b), whichever is later. | 5 | | Any vacancy in the membership of
the Trustees shall be filled | 6 | | through appointment by the Mayor,
without the consent or | 7 | | approval of the City Council, for the unexpired term.
One of | 8 | | the members appointed by the Mayor to the Trustees shall
be | 9 | | designated by the Mayor to serve as President of the Trustees. | 10 | | The
Mayor shall appoint a full-time, compensated
chief | 11 | | executive officer, and his or her compensation as such chief | 12 | | executive
officer shall be determined by the Mayor. The Mayor, | 13 | | at his or her discretion,
may appoint the President to serve | 14 | | simultaneously as the chief executive
officer.
| 15 | | (b) Within 30 days before the expiration of the terms of | 16 | | the members of
the Chicago Reform Board of Trustees as | 17 | | provided in subsection (a), a new
Chicago Board of Education | 18 | | consisting of 7 members shall be appointed by the
Mayor to take | 19 | | office on the later of July 1, 1999 or the appointment of the
| 20 | | seventh member. Three of the members initially so appointed | 21 | | under this
subsection shall serve for terms ending June 30, | 22 | | 2002, 4 of the members
initially so appointed under this | 23 | | subsection shall serve for terms ending
June 30, 2003, and | 24 | | each member initially so appointed shall continue to hold
| 25 | | office until his or her successor is appointed and qualified. | 26 | | Three members appointed for a term commencing on July 1, 2022 |
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| 1 | | shall serve for terms ending on June 30, 2026. Two members | 2 | | appointed for terms commencing on July 1, 2023 shall serve for | 3 | | terms ending on June 30, 2026. Two members appointed for terms | 4 | | commencing on July 1, 2023 shall serve for terms ending on June | 5 | | 30, 2028. After the 2026 election, the Chicago Board of | 6 | | Education shall be comprised initially of a 7-member board, of | 7 | | which 5 members shall be appointed and 2 members shall be | 8 | | elected pursuant to subsection (b-10). The Mayor shall appoint | 9 | | 3 more members to the Chicago Board of Education to hold office | 10 | | and serve terms of 4 years, from terms commencing on July 1, | 11 | | 2026, to serve along with the appointed members whose terms | 12 | | run through June 30, 2028 and the members elected in 2026. | 13 | | Beginning with the 2028 election, the Chicago Board of | 14 | | Education shall transition to an 11-member board, of which 8 | 15 | | members shall be appointed and 3 members shall be elected | 16 | | pursuant to subsection (b-10). The Mayor shall appoint 5 more | 17 | | members to the Chicago Board of Education to hold office and | 18 | | serve terms of 4 years, from terms commencing on July 1, 2028, | 19 | | to serve along with the members appointed in 2026 and the | 20 | | elected members. Thereafter at
the expiration of the term of | 21 | | any member a successor
shall be appointed by the Mayor and | 22 | | shall hold office for a term of 4 years,
from July 1 of the | 23 | | year in which the term commences and until a successor
is | 24 | | appointed and qualified . In making an appointment pursuant to | 25 | | this subsection, the Mayor shall strive to achieve | 26 | | representation that reflects the diversity of the City of |
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| 1 | | Chicago and the school district. Any vacancy in the membership | 2 | | of the Chicago Board
of Education shall be filled through | 3 | | appointment by the Mayor for the
unexpired term. For a vacancy | 4 | | of an elected member, the Mayor shall fill the vacancy with an | 5 | | appointee from the same subdistrict who fulfills all of the | 6 | | eligibility qualifications set forth in Section 34-4. No | 7 | | appointment to membership on the
Chicago Board of Education | 8 | | that is made by the Mayor under
this subsection shall require | 9 | | the approval of the City
Council, whether the appointment is | 10 | | made for a full term or to fill a vacancy
for an unexpired term | 11 | | on the Board. | 12 | | (b-5) A vacancy occurs on the happening of any of the | 13 | | following events before the expiration of the member's term: | 14 | | (1) The death of the member. | 15 | | (2) The member submits the member's resignation in | 16 | | writing. | 17 | | (3) The member becomes a person under legal | 18 | | disability. | 19 | | (4) The member is convicted of an infamous crime or of | 20 | | any of the offenses enumerated in Section 34-18.5. | 21 | | (5) The member is removed from office. | 22 | | (6) A decision of a competent tribunal declares the | 23 | | elected member's election void. | 24 | | (7) The member becomes employed by the board.
| 25 | | (b-10) Beginning with the election in 2026, 2 members of | 26 | | the board shall be elected by the electors of the school |
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| 1 | | district as provided in this subsection for a term beginning | 2 | | on July 1, 2026. These elected members shall serve along with | 3 | | the appointed members as provided for in subsection (b). | 4 | | Beginning with the election in 2028, one more member of the | 5 | | board shall be elected by the electors of the school district | 6 | | as provided in this subsection. Each member shall be elected | 7 | | for a term of 4 years. Thereafter, elections for members of the | 8 | | board shall take place in even-numbered years at the | 9 | | expiration of the 4-year terms. | 10 | | For purposes of the elections conducted under this | 11 | | subsection, the City of Chicago shall be subdivided into 3 | 12 | | electoral subdistricts pursuant to Section 34-21.9. Each | 13 | | electoral subdistrict shall be represented by an elected | 14 | | member. | 15 | | Elections conducted pursuant to this Section shall be | 16 | | scheduled and conducted by the board at the same time as the | 17 | | election for local school council pursuant to Section 34-2.1 | 18 | | and as provided in this Section and in accordance with rules | 19 | | established by the board. | 20 | | Beginning in 2026, the election of these members shall be | 21 | | conducted by ranked-choice voting as set forth in subsection | 22 | | (b-15). | 23 | | (b-15) The determination of a winner in an election for | 24 | | office shall be by ranked-choice voting. Except as provided in | 25 | | subsections (b-20) and (b-25), the following procedures shall | 26 | | be used to determine the winner of an election determined by |
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| 1 | | ranked-choice voting. The ranked-choice voting count must | 2 | | proceed in rounds. In each round, the number of votes for each | 3 | | continuing candidate must be counted. Each continuing ballot | 4 | | counts as one vote for its highest-ranked continuing candidate | 5 | | for that round. If exhausted ballots are not counted for any | 6 | | continuing candidate, the round ends with one of the following | 7 | | 2 potential outcomes: | 8 | | (1) If there are 2 or fewer continuing candidates, the | 9 | | candidate with the most votes is declared the winner of | 10 | | the election. | 11 | | (2) If there are more than 2 continuing candidates, | 12 | | the last-place candidate is defeated and a new round | 13 | | begins. | 14 | | (b-20) A tie under this Section between last-place | 15 | | candidates in any round must be decided by lot and the | 16 | | candidate chosen by lot is defeated. The result of the tie | 17 | | resolution must be recorded and reused in the event of a | 18 | | recount. A tie between candidates for the most votes in the | 19 | | final round must be decided by lot as provided for in the rules | 20 | | established by the board. | 21 | | (b-25) The board shall adopt rules for the proper and | 22 | | efficient administration of elections determined by | 23 | | ranked-choice voting. At a minimum, the rules shall include | 24 | | procedures for requesting and conducting recounts of the | 25 | | results as determined in the rounds of counting described in | 26 | | subsection (b-15). |
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| 1 | | (b-30) Within 28 days after the elected and appointed | 2 | | members take office and every 2 years thereafter, the Mayor | 3 | | The board shall appoint elect annually from its
number a | 4 | | president and vice-president , in such
manner and at such
time | 5 | | as the board determines by its rules . The officers so | 6 | | appointed elected shall each
perform the duties imposed upon | 7 | | their respective office by the rules of the
board, provided | 8 | | that (i) the president shall preside at meetings of the board
| 9 | | and vote as any other member but have no power of veto, and | 10 | | (ii) the vice
president shall perform the duties of the | 11 | | president if that office is vacant or
the president is absent | 12 | | or unable to act.
The secretary of the Board shall be selected | 13 | | by the Board and shall be an
employee of the Board rather than | 14 | | a member of the Board, notwithstanding
subsection (d) of | 15 | | Section 34-3.3. The duties of the secretary shall be
imposed | 16 | | by the rules of the Board. | 17 | | (b-35) No later than June 30, 2030, the General Assembly | 18 | | must review the election of members of the Chicago Board of | 19 | | Education pursuant to the changes made to this Section by this | 20 | | amendatory Act of the 102nd General Assembly. If the General | 21 | | Assembly has not reauthorized the election of members of the | 22 | | Chicago Board of Education under the changes made to this | 23 | | Section by this amendatory Act of the 102nd General Assembly | 24 | | by June 30, 2030, then, on June 30, 2032, the terms of all | 25 | | members elected in 2028 and 2030 under the changes made to this | 26 | | Section by this amendatory Act of the 102nd General Assembly |
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| 1 | | shall end, and a new Chicago Board of Education consisting of 7 | 2 | | members shall be appointed by the Mayor. Three of the members | 3 | | initially so appointed under this subsection shall serve for | 4 | | terms ending June 30, 2034, 4 of the members initially so | 5 | | appointed under this subsection shall serve for terms ending | 6 | | June 30, 2036, and each member initially so appointed shall | 7 | | continue to hold office until the member's successor is | 8 | | appointed and qualified. After the expiration of the term of | 9 | | any member, a successor shall be appointed by the Mayor and | 10 | | shall hold office for a term of 4 years, from July 1 of the | 11 | | year in which the term commences and until a successor is | 12 | | appointed and qualified. | 13 | | (b-40) On July 1, 2028, the board shall commence an | 14 | | independent review process of the current board governance | 15 | | structure and outcomes as of July 1, 2028 that shall include, | 16 | | but is not be limited to, the financial stability of the school | 17 | | district, the academic growth and progress of students, the | 18 | | development of sound academic and administrative policy, the | 19 | | adherence by the board to sound and ethical governing | 20 | | principles, and other metrics that the board identifies to | 21 | | assess the current governance structure. A report shall | 22 | | include this review along with recommendations regarding the | 23 | | future board governance structure. The board shall commission | 24 | | an independent research entity to conduct the review and | 25 | | provide the report. The report shall be provided to the board | 26 | | and the General Assembly on or before June 30, 2029. The report |
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| 1 | | shall be used by the General Assembly in consideration of the | 2 | | reauthorization set forth in subsection (b-35). | 3 | | (c) The board may appoint a student to the board to serve | 4 | | in an advisory capacity. The student member shall serve for a | 5 | | term as determined by the board. The board may not grant the | 6 | | student member any voting privileges, but shall consider the | 7 | | student member as an advisor. The student member may not | 8 | | participate in or attend any executive session of the board.
| 9 | | (Source: P.A. 94-231, eff. 7-14-05.)
| 10 | | (105 ILCS 5/34-3.2) (from Ch. 122, par. 34-3.2)
| 11 | | Sec. 34-3.2. Board training. After January 1, 1990 all | 12 | | board members
shall participate in training provided by board | 13 | | employees or
not-for-profit organizations, including without | 14 | | limitation the following:
| 15 | | 1. finance, accounting, budget , and revenue review;
| 16 | | 2. education theory and board governance;
| 17 | | 3. governmental relations;
| 18 | | 4. school-based management operations and leadership | 19 | | training ; and
| 20 | | 5. State and federal education law and regulations ; . | 21 | | 6. risk management; and | 22 | | 7. community and stakeholder engagement.
| 23 | | (Source: P.A. 85-1418; 86-1477.)
| 24 | | (105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
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| 1 | | Sec. 34-4. Eligibility. To be eligible for election or | 2 | | appointment to the board, a
person shall be a citizen of the | 3 | | United States, shall be a registered voter
as provided in the | 4 | | Election Code, shall have been a resident of the city and, if | 5 | | applicable, the electoral subdistrict, for at
least 3 years | 6 | | immediately
preceding his or her election or appointment, and | 7 | | shall not be an employee of the board or a child sex offender
| 8 | | as defined in Section 11-9.3 of the
Criminal Code of 2012. No | 9 | | member of the board may be a board member or an officer or | 10 | | director of a contractor or organization, or have contracting | 11 | | authority for such a contractor or organization, with whom the | 12 | | board has a contract or is negotiating a contract. Board | 13 | | members may only serve 2 4-year terms. | 14 | | In addition to the eligibility requirements for all | 15 | | members of the board, all candidates for the elected seats | 16 | | must have served on a local school council, the governing | 17 | | board of a charter school or contract school, or the board of | 18 | | governors of a military academy for at least 2 cumulative | 19 | | years during the 10 years preceding the date of the member's | 20 | | election and must not have been removed as a member on a | 21 | | previous council or board. For the board members elected under | 22 | | subsection (b-10) of Section 34-3, all persons eligible for | 23 | | election shall be nominated by a petition signed by no less | 24 | | than 500 voters residing within the electoral subdistrict on | 25 | | the petition in order to be placed on the ballot, the form of | 26 | | the petition to be determined by the board. |
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| 1 | | Permanent removal from the city by any member of
the board | 2 | | during the member's his term of office constitutes a | 3 | | resignation therefrom and
creates a vacancy in the board. All | 4 | | members of the board shall receive $40,000 annually in | 5 | | compensation and Except for the President of the Chicago
| 6 | | School Reform Board of Trustees who may be paid compensation | 7 | | for his or her
services as chief executive officer as | 8 | | determined by the Mayor as provided in
subsection (a) of | 9 | | Section 34-3, board members shall serve without any
| 10 | | compensation; provided, that board members shall be reimbursed | 11 | | for expenses
incurred while in the performance of their duties | 12 | | upon submission of proper
receipts or upon submission of a | 13 | | signed voucher in the case of an expense
allowance evidencing | 14 | | the amount of such reimbursement or allowance to the
president | 15 | | of the board for verification and approval. The board of
| 16 | | education may continue to provide health care insurance | 17 | | coverage, employer
pension contributions, employee pension | 18 | | contributions, and life insurance
premium payments for an | 19 | | employee required to resign from
an administrative, teaching, | 20 | | or career service position in order to qualify
as a member of | 21 | | the board of education. They shall not hold other public
| 22 | | office under the Federal, State or any local government other | 23 | | than that of
Director of the Regional Transportation | 24 | | Authority, member of the economic
development commission of a | 25 | | city having a population exceeding 500,000,
notary public or | 26 | | member of the National Guard, and by accepting any such
office |
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| 1 | | while members of the board, or by not resigning any such office | 2 | | held
at the time of being elected or appointed to the board | 3 | | within 30 days after such election or
appointment, shall be | 4 | | deemed to have vacated their membership in the board.
| 5 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 6 | | (105 ILCS 5/34-4.1 new) | 7 | | Sec. 34-4.1. Campaign financing. | 8 | | (a) In this Section: | 9 | | "Affiliated entity" has the meaning ascribed to that term | 10 | | in Section 50-37 of the Illinois Procurement Code. | 11 | | "Business entity" has the meaning ascribed to that term in | 12 | | Section 50-37 of the Illinois Procurement Code. | 13 | | "Lobbyist" means any person or entity that is required to | 14 | | register as a lobbyist under the Lobbyist Registration Act or | 15 | | any lobbyist registration ordinance or policy adopted by the | 16 | | City of Chicago or the board. | 17 | | "Seeking to do business" means (i) any person taking any | 18 | | action within the past 6 months to obtain a contract or | 19 | | business from the board and, if such action were successful, | 20 | | the action would result in the person doing business with the | 21 | | board, but the contract or business sought has not been | 22 | | awarded to any person or (ii) any matter that was pending | 23 | | before the board in the 6 months prior to the date of the | 24 | | contribution or any matter that will be pending before the | 25 | | board in the 6 months after the date of the contribution, if |
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| 1 | | that matter involves the award of funds. | 2 | | (b) All candidates for the board shall be considered | 3 | | candidates for election to public office for the purpose of | 4 | | Article 9 of the Election Code. All candidates shall comply | 5 | | with the applicable requirements pursuant to Article 9 of the | 6 | | Election Code, including making filings with the State Board | 7 | | of Elections. The board shall be responsible for the | 8 | | administration of elections for the board and shall adopt | 9 | | rules for such elections that are substantially similar to the | 10 | | laws governing the election of members of other school boards | 11 | | under the Election Code, other than Article 9, except to the | 12 | | extent inconsistent with the express provisions of this | 13 | | Article and except that the board shall serve as the election | 14 | | authority for such elections. | 15 | | (c) No person or business entity who has done business | 16 | | with the board within the preceding 4 reporting years or is | 17 | | seeking to do business with the board, or affiliated entities | 18 | | or affiliated persons of such business entity, may make | 19 | | contributions to a candidate for the board or a candidate's | 20 | | political committee. A lobbyist may not make contributions to | 21 | | a candidate for the board or a candidate's political | 22 | | committee. The contract of any person or business who | 23 | | solicits, accepts, offers, or makes a financial contribution | 24 | | that violates this Section shall be a voidable contract. If a | 25 | | person or business entity violates this Section at least 3 or | 26 | | more times within a 36-month period, all contracts between the |
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| 1 | | board and that person or business entity shall be void and that | 2 | | business entity shall be prohibited from entering into any | 3 | | contract with the board for 3 years after the date of the last | 4 | | violation. Any lobbyist who violates this Section shall be | 5 | | prohibited from lobbying the board for one year following the | 6 | | date of the violation. | 7 | | (d) All candidates for the board shall be subject to the | 8 | | gift ban provisions set forth in Article 10 of the State | 9 | | Officials and Employees Ethics Act and the board's Code of | 10 | | Ethics.
| 11 | | (105 ILCS 5/34-13.1)
| 12 | | Sec. 34-13.1. Inspector General.
| 13 | | (a) The Inspector General and his office in existence on | 14 | | the effective date
of this amendatory Act of 1995 shall be | 15 | | transferred to the jurisdiction of the
board upon appointment | 16 | | of the Chicago School Reform Board of Trustees. The
Inspector | 17 | | General shall have the authority
to conduct investigations | 18 | | into allegations of or incidents of waste, fraud, and
| 19 | | financial mismanagement in public education within the | 20 | | jurisdiction of the
board by a local school council
member or | 21 | | an
employee, contractor, or member of the board or involving
| 22 | | school projects
managed or handled by the Public Building | 23 | | Commission. The Inspector General
shall make recommendations | 24 | | to the board about the
investigations.
The Inspector General | 25 | | in office on the effective date of this amendatory Act
of 1996 |
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| 1 | | shall serve for a term expiring on June 30, 1998. His or her
| 2 | | successors in office shall each be appointed by the Mayor, | 3 | | without the consent
or approval of the City Council, for 4 year | 4 | | terms expiring on June 30th of an
even numbered year ; however, | 5 | | beginning July 1, 2026, successors shall be appointed by the | 6 | | board instead of the Mayor .
If the Inspector General leaves | 7 | | office or if a vacancy in that office otherwise occurs, the
| 8 | | Mayor shall appoint, without the consent or
approval of the | 9 | | City Council, a successor to serve under this Section for the
| 10 | | remainder of the unexpired term ; however, beginning July 1, | 11 | | 2026, successors shall be appointed by the board instead of | 12 | | the Mayor . The
Inspector General shall be independent of the | 13 | | operations of the board and
the School Finance Authority, and | 14 | | shall perform other duties requested by the
board.
| 15 | | (b) The Inspector General shall have access to all
| 16 | | information and personnel necessary to perform the duties of | 17 | | the
office. If the Inspector General determines that a | 18 | | possible
criminal act has been committed or that special | 19 | | expertise is
required in the investigation, he or she shall | 20 | | immediately notify
the Chicago Police Department and the Cook | 21 | | County State's
Attorney. All investigations conducted by the | 22 | | Inspector General
shall be conducted in a manner that ensures | 23 | | the preservation of
evidence for use in criminal prosecutions.
| 24 | | (c) At all times the Inspector General shall be granted
| 25 | | access to any building or facility that is owned, operated, or
| 26 | | leased by the board, the Public Building Commission, or the
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| 1 | | city in trust
and for the use and benefit of the schools of the | 2 | | district.
| 3 | | (d) The Inspector General shall have the power to subpoena
| 4 | | witnesses and compel the production of books and papers | 5 | | pertinent
to an investigation authorized by this Code. Any | 6 | | person who (1)
fails to appear in response to a subpoena; (2) | 7 | | fails to answer
any question; (3) fails to produce any books or | 8 | | papers pertinent
to an investigation under this Code; or (4) | 9 | | knowingly gives
false testimony during an investigation under | 10 | | this Code, is
guilty of a Class A misdemeanor.
| 11 | | (e) The Inspector General shall provide to the board and
| 12 | | the Illinois General Assembly a summary of reports and
| 13 | | investigations made under this Section for the previous fiscal
| 14 | | year no later than January 1 of each year, except that the | 15 | | Inspector General
shall provide the summary of reports and | 16 | | investigations made under this Section
for the period | 17 | | commencing July 1, 1998 and ending April 30, 1999 no later than
| 18 | | May 1, 1999. The summaries shall detail the final disposition | 19 | | of those
recommendations. The summaries shall not contain any | 20 | | confidential or
identifying information concerning the | 21 | | subjects of the reports and
investigations. The summaries | 22 | | shall also include detailed recommended
administrative actions | 23 | | and matters for consideration by the General Assembly.
| 24 | | (f) (Blank).
| 25 | | (g) (Blank).
| 26 | | (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)
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| 1 | | (105 ILCS 5/34-21.9 new) | 2 | | Sec. 34-21.9. Creation of electoral subdistricts. | 3 | | (a) After the effective date of this amendatory Act of the | 4 | | 102nd General Assembly, for the purposes of an election | 5 | | conducted under subsection (b-10) of Section 34-3 for seats on | 6 | | the Chicago Board of Education, the City of Chicago shall be | 7 | | divided into 3 electoral subdistricts. The electoral | 8 | | subdistricts shall be drawn by a committee convened by the | 9 | | board and comprised of the following members: | 10 | | (1) one member appointed by the Mayor; | 11 | | (2) the chairperson of the City of Chicago's City | 12 | | Council Committee on Education and Child Development or a | 13 | | successor committee; | 14 | | (3) the President of the Chicago Board of Education; | 15 | | (4) the Chief Executive Officer; and | 16 | | (5) one parent member of a local school council | 17 | | selected by the other members of the committee. | 18 | | (b) Each subdistrict must be compact, contiguous, and | 19 | | substantially equal in population. | 20 | | (c) As provided in this Section, the committee shall be | 21 | | convened to draw the electoral subdistricts as follows: | 22 | | (1) on or before May 31, 2022; and | 23 | | (2) on or before December 31, 2031 and each subsequent | 24 | | 10 years thereafter.
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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