SB2324ham002 103RD GENERAL ASSEMBLY

Rep. Ann M. Williams

Filed: 11/9/2023

10300SB2324ham002 LRB103 27160 JDS 65395 a

AMENDMENT TO SENATE BILL 2324

AMENDMENT NO. ______. Amend Senate Bill 2324, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. If and only if Senate Bill 689 of the 103rd General Assembly becomes law in the form it passed the House on November 8, 2023, then the School Code is amended by changing Sections 34-3 and 34-4 as follows:

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

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

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

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

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

(b-10) By December 16, 2024, the Mayor shall appoint a President of the board for a 2-year term that begins January 15, 2025. The board shall elect annually from its number a vice-president, in such manner and at such time as the board determines by its rules. The president appointed by the Mayor and vice-president elected by the board shall each perform the duties imposed upon their respective office by the rules of the board, provided that (i) the president shall preside at meetings of the board and shall only have voting rights to break a voting tie of the other Chicago Board of Education elected and appointed members and (ii) the vice-president shall perform the duties of the president if that office is vacant or the president is absent or unable to act. Beginning with the 2026 general election, one member shall be elected at large and serve as the president of the board for a 4-year term that begins January 15, 2027. On and after January 15, 2027, the president shall preside at meetings of the board and vote as any other member but have no power of veto. The secretary of the Board shall be selected by the Board and shall be an employee of the Board rather than a member of the Board, notwithstanding subsection (d) of Section 34-3.3. The duties of the secretary shall be imposed by the rules of the Board.

(b-15) For purposes of selection of members of the Chicago Board of Education, the City of Chicago shall be divided into 10 districts, and each of those 10 districts shall be subdivided into 2 subdistricts as provided in subsection (a) of Section 34-21.10.

Until January 15, 2027, each district shall be represented by one member who is elected at the 2024 general election to a 2-year term that begins January 15, 2025 and one member who is appointed by the Mayor by no later than December 16, 2024 to a 2-year term that begins January 15, 2025. Each elected member shall reside within the district that the member represents, and each appointed member shall reside both within the district that the member represents and outside of the subdistrict within which the elected member of the district resides.

Beginning January 15, 2027, each subdistrict shall be represented by one member who is elected at the 2026 general election. If a member is elected at the 2026 general election to fill the expired term of an appointed member, then the elected member shall serve a 2-year term that begins January 15, 2027. If a member is elected at the 2026 general election to fill the expired term of an elected member, then the member shall serve a 4-year term that begins January 15, 2027.

If a member is elected at the 2026 general election to serve a 2-year term, then the member elected at the 2028 general election shall serve a 4-year term that begins January 15, 2029. If a member is elected at the 2026 general election to serve a 4-year term, then the member elected in that subdistrict at the 2030 general election shall serve a 2-year term that begins January 15, 2031.

Beginning with the members elected at the 2032 general election, the members of each subdistrict shall serve two 4-year terms and one 2-year term for each 10-year period thereafter. As determined by lot, the terms of the members representing the subdistricts shall be the following:

(1) the members representing 7 subdistricts shall be elected for one 2-year term, followed by two 4-year terms;

(2) the members representing 7 subdistricts shall be elected for one 4-year term, followed by one 2-year term, and then one 4-year term; and

(3) the members representing 6 subdistricts shall be elected for two 4-year terms, followed by one 2-year term.

Each elected member shall reside within the subdistrict that the member represents.

(b-20) All elected and appointed members shall serve until a successor is appointed or elected and qualified.

Whenever there is a vacancy in the office of an appointed board member, the Mayor shall appoint a successor who has the same qualifications as the member's predecessor to fill the vacancy for the remainder of the unexpired term.

Whenever there is a vacancy in the office of an elected board member, the President of the Board shall notify the Mayor of the vacancy within 7 days after its occurrence and shall, within 30 days, fill the vacancy for the remainder of the unexpired term by majority vote of the remaining board members. The successor to the elected member shall have the same qualifications as the member's predecessor.

(b-30) The provisions of Section 10-9 of this Code apply to school board members when the Board is considering any contract, work, or business of the district, and the provisions of the Public Officer Prohibited Activities Act that apply to persons holding elected or appointed public office also apply to members of the Chicago Board of Education, notwithstanding any other provision of this Code or any law to the contrary. No member shall have a contract with the school district or be an owner or partial owner of a company that has a contract with the school district. Members must publicly disclose whether they have a financial interest in any matter before the Board and recuse themselves from deliberations and abstain from voting on the matter. No Board member may be hired by the school district in any capacity for a period of one year after terminating service as a member of the Board. In addition, during that year, the member cannot enter into any contracts or agreements with the school district.

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

(Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21; 10300SB0689ham002.)

(105 ILCS 5/34-4) (from Ch. 122, par. 34-4)

Sec. 34-4. Eligibility. To be eligible for election or appointment to the board, a person shall be a citizen of the United States, shall be a registered voter as provided in the Election Code, shall have been, for a period of one year immediately before election or appointment, a resident of the city, district, and subdistrict that the member represents, and shall not be a child sex offender as defined in Section 11-9.3 of the Criminal Code of 2012. A person is ineligible for election or appointment to the board if that person is not in compliance with the provisions of Section 10-9 as referenced in Section 34-3 is an employee of the school district. For the 2024 general election, all persons eligible for election to the board shall be nominated by a petition signed by at least 1,000 but not more than 3,000 of the voters residing within the electoral district on a petition in order to be placed on the ballot. For the 2026 general election and general elections thereafter, persons eligible for election to the board shall be nominated by a petition signed by at least 500 but no more than 1,500 voters residing within the subdistrict on a petition in order to be placed on the ballot, except that persons eligible for election to the board at large shall be nominated by a petition signed by no less than 2,500 voters residing within the city. Any registered voter may sign a nominating petition, irrespective of any partisan petition the voter signs or may sign. For the 2024 general election only, the petition circulation period shall begin on March 26, 2024, and the filing period shall be from June 17, 2024 to June 24, 2024. Permanent removal from the city by any member of the board during his term of office constitutes a resignation therefrom and creates a vacancy in the board. Board members shall serve without any compensation; however, board members shall be reimbursed for expenses incurred while in the performance of their duties upon submission of proper receipts or upon submission of a signed voucher in the case of an expense allowance evidencing the amount of such reimbursement or allowance to the president of the board for verification and approval. Board members shall not hold other public office under the Federal, State or any local government other than that of Director of the Regional Transportation Authority, member of the economic development commission of a city having a population exceeding 500,000, notary public or member of the National Guard, and by accepting any such office while members of the board, or by not resigning any such office held at the time of being elected or appointed to the board within 30 days after such election or appointment, shall be deemed to have vacated their membership in the board.

(Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21; 10300SB0689ham002.)

Section 99. Effective date. This Act takes effect June 1, 2024.".