Full Text of SB3951 96th General Assembly
SB3951 96TH GENERAL ASSEMBLY |
| | 96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3951 Introduced 11/4/2010, by Sen. Rickey R. Hendon SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/34-3 | from Ch. 122, par. 34-3 | 105 ILCS 5/34-4 | from Ch. 122, par. 34-4 | 105 ILCS 5/34-13.1 | |
| Amends the Chicago School District Article of the School Code. Provides for the election (instead of appointment) of members of the Chicago Board of Education, with 2 members elected from a northern regional district, 2 members elected from a southern regional district, 2 members elected from a western regional district, and one member elected at large. Provides that successor Inspectors General shall be appointed by the Board instead of the Mayor. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | 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 Sections | 5 | | 34-3, 34-4, and 34-13.1 as follows:
| 6 | | (105 ILCS 5/34-3) (from Ch. 122, par. 34-3)
| 7 | | Sec. 34-3. Chicago School Reform Board of Trustees; new | 8 | | Chicago Board of
Education; members; term; vacancies.
| 9 | | (a) Within 30 days after the effective date of this | 10 | | amendatory Act of
1995, the terms of all members of the Chicago | 11 | | Board of Education
holding office on that date are abolished | 12 | | and the Mayor shall appoint,
without the consent or approval of | 13 | | the City Council, a 5 member
Chicago School Reform Board of | 14 | | Trustees which shall take office upon the
appointment of the | 15 | | fifth member. The Chicago School
Reform Board of Trustees and | 16 | | its members
shall serve until, and the terms of all members of | 17 | | the Chicago School
Reform Board of Trustees shall expire on, | 18 | | June 30, 1999 or upon the
appointment of a new Chicago Board of | 19 | | Education as provided
in subsection (b), whichever is later. | 20 | | Any vacancy in the membership of
the Trustees shall be filled | 21 | | through appointment by the Mayor,
without the consent or | 22 | | approval of the City Council, for the unexpired term.
One of | 23 | | the members appointed by the Mayor to the Trustees shall
be |
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| 1 | | designated by the Mayor to serve as President of the Trustees. | 2 | | The
Mayor shall appoint a full-time, compensated
chief | 3 | | executive officer, and his or her compensation as such chief | 4 | | executive
officer shall be determined by the Mayor. The Mayor, | 5 | | at his or her discretion,
may appoint the President to serve | 6 | | simultaneously as the chief executive
officer.
| 7 | | (b) This subsection (b) applies until April 12, 2011. | 8 | | Within 30 days before the expiration of the terms of the | 9 | | members of
the Chicago Reform Board of Trustees as provided in | 10 | | subsection (a), a new
Chicago Board of Education consisting of | 11 | | 7 members shall be appointed by the
Mayor to take office on the | 12 | | later of July 1, 1999 or the appointment of the
seventh member. | 13 | | Three of the members initially so appointed under this
| 14 | | subsection shall serve for terms ending June 30, 2002, 4 of the | 15 | | members
initially so appointed under this subsection shall | 16 | | serve for terms ending
June 30, 2003, and each member initially | 17 | | so appointed shall continue to hold
office until his or her | 18 | | successor is appointed and qualified. Thereafter at
the | 19 | | expiration of the term of any member a successor
shall be | 20 | | appointed by the Mayor and shall hold office for a term of 4 | 21 | | years,
from July 1 of the year in which the term commences and | 22 | | until a successor
is appointed and qualified. Any vacancy in | 23 | | the membership of the Chicago Board
of Education shall be | 24 | | filled through appointment by the Mayor for the
unexpired term. | 25 | | No appointment to membership on the
Chicago Board of Education | 26 | | that is made by the Mayor under
this subsection shall require |
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| 1 | | the approval of the City
Council, whether the appointment is | 2 | | made for a full term or to fill a vacancy
for an unexpired term | 3 | | on the Board. | 4 | | (b-5) On April 12, 2011, the terms of all members of the | 5 | | Chicago Board of Education appointed under subsection (b) of | 6 | | this Section are abolished when the new board, consisting of 7 | 7 | | members, is elected by the electors of the school district as | 8 | | provided in this subsection (b-5) and takes office. | 9 | | Beginning on April 12, 2011, the school district shall be | 10 | | governed by a school board consisting of 7 members. An election | 11 | | shall be held at the consolidated election in April of 2011 and | 12 | | every second year thereafter. Prior to the consolidated | 13 | | election in April of 2011, the State Board of Elections shall | 14 | | divide the school district into 3 regional districts, a | 15 | | northern regional district, a southern regional district, and a | 16 | | western regional district, each of which must be compact, | 17 | | contiguous, and substantially equal in population to each other | 18 | | district. Two members shall be elected from the northern | 19 | | regional district, 2 members shall be elected from the southern | 20 | | regional district, 2 members shall be elected from the western | 21 | | regional district, and one member shall be elected at large. In | 22 | | 2021, and in the year following each decennial census | 23 | | thereafter, the board shall reapportion the regional districts | 24 | | to reflect the results of the census, and shall divide the | 25 | | school district into 3 regional districts, a northern regional | 26 | | district, a southern regional district, and a western regional |
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| 1 | | district, each of which must be compact, contiguous, and | 2 | | substantially equal in population to each other district. The | 3 | | division of the school district into regional districts must be | 4 | | completed and formally approved by a majority of the members of | 5 | | the board in 2021 and in the year following each decennial | 6 | | census. | 7 | | A petition for nomination of a regional district candidate | 8 | | for member of the board must be signed by at least 0.5% of the | 9 | | total number of registered voters in the regional district in | 10 | | which the person is a candidate for nomination. A petition for | 11 | | nomination of an at-large candidate for member of the board | 12 | | must be signed by at least 10% of the total number of | 13 | | registered voters in the school district. | 14 | | Each member shall be elected for a term of 4 years, | 15 | | commencing on the second Tuesday in April of the year in which | 16 | | the member is elected, and until the member's successor is | 17 | | elected and has qualified, except that members of the board | 18 | | elected to terms commencing on April 12, 2011 shall organize on | 19 | | the date their terms commence, and on that date shall determine | 20 | | by lot 4 to serve for terms of 4 years and 3 to serve for terms | 21 | | of 2 years. | 22 | | Each regional district member elected at the consolidated | 23 | | election in 2011 or thereafter must be a resident of the | 24 | | regional district he or she represents for at least one year | 25 | | immediately preceding his or her election, except that in the | 26 | | first consolidated election for each regional district |
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| 1 | | following reapportionment by the board, a candidate for the | 2 | | board may be elected from any regional district that contains a | 3 | | part of the regional district in which he or she resided at the | 4 | | time of the reapportionment and may be reelected if a resident | 5 | | of the new regional district he or she represents for one year | 6 | | prior to reelection. | 7 | | On April 12, 2011 and within 28 days after each | 8 | | consolidated election thereafter, the board shall organize by | 9 | | electing its officers and fixing a time and place for the | 10 | | regular meetings. Upon organizing itself as provided in this | 11 | | subsection (b-5), the board shall enter upon the discharge of | 12 | | its duties. | 13 | | Nomination papers filed under this Section are not valid | 14 | | unless the candidate named therein files with the secretary of | 15 | | the board or with a person designated by the board to receive | 16 | | nominating petitions a receipt
from the county clerk showing | 17 | | that the candidate has filed a statement of
economic interests | 18 | | as required by the Illinois Governmental Ethics Act. The | 19 | | receipt shall be so filed either previously during the calendar | 20 | | year
in which the nomination papers were filed or within the | 21 | | period for the filing of nomination papers in accordance with | 22 | | the general election law. | 23 | | Whenever a vacancy in the board occurs, the remaining | 24 | | members of the board shall notify the Mayor of that vacancy | 25 | | within 5 days after its occurrence and shall proceed to fill | 26 | | the vacancy until the next regular school election, at which |
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| 1 | | election a successor shall be elected to serve the
remainder of | 2 | | the unexpired term. However, if the vacancy occurs with less | 3 | | than 28 months remaining in the term or if the vacancy occurs | 4 | | less than 88 days before the next regular school election, then | 5 | | the person so appointed shall serve the remainder of the | 6 | | unexpired term, and no election to fill the vacancy shall be | 7 | | held. The successor shall have the same residential and other | 8 | | qualifications as his or her predecessor. Should the remaining | 9 | | board members fail so to act within 45 days after the vacancy | 10 | | occurs, the Mayor shall within 30 days after the
remaining | 11 | | members have failed to fill the vacancy, fill the vacancy as
| 12 | | provided for herein. Upon the Mayor's failure to fill the
| 13 | | vacancy, the vacancy shall be filled at the next regular school
| 14 | | election. The successor shall have the same residential and | 15 | | other
qualifications as his or her predecessor. | 16 | | (b-10) The board shall elect annually from its
number a | 17 | | president and vice-president, in such
manner and at such
time | 18 | | as the board determines by its rules. The officers so elected | 19 | | shall each
perform the duties imposed upon their respective | 20 | | office by the rules of the
board, provided that (i) the | 21 | | president shall preside at meetings of the board
and vote as | 22 | | any other member but have no power of veto, and (ii) the vice
| 23 | | president shall perform the duties of the president if that | 24 | | office is vacant or
the president is absent or unable to act.
| 25 | | The secretary of the Board shall be selected by the Board and | 26 | | shall be an
employee of the Board rather than a member of the |
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| 1 | | Board, notwithstanding
subsection (d) of Section 34-3.3. The | 2 | | duties of the secretary shall be
imposed by the rules of the | 3 | | Board.
| 4 | | (c) The board may appoint a student to the board to serve | 5 | | in an advisory capacity. The student member shall serve for a | 6 | | term as determined by the board. The board may not grant the | 7 | | student member any voting privileges, but shall consider the | 8 | | student member as an advisor. The student member may not | 9 | | participate in or attend any executive session of the board.
| 10 | | (Source: P.A. 94-231, eff. 7-14-05.)
| 11 | | (105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
| 12 | | Sec. 34-4. Eligibility. To be eligible for election or | 13 | | appointment to the board, a
person shall be a citizen of the | 14 | | United States, shall be a registered voter
as provided in the | 15 | | Election Code, shall have been a resident of the city for at
| 16 | | least 3 years immediately
preceding his or her election or | 17 | | appointment, and shall not be a child sex offender
as defined | 18 | | in Section 11-9.3 of the
Criminal Code of 1961. Permanent | 19 | | removal from the city by any member of
the board during his | 20 | | term of office constitutes a resignation therefrom and
creates | 21 | | a vacancy in the board. With respect to board members | 22 | | representing a regional district, permanent removal from the | 23 | | regional district during his or her term of office constitutes | 24 | | a resignation therefrom and creates a vacancy in the board. | 25 | | Except for the President of the Chicago
School Reform Board of |
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| 1 | | Trustees who may be paid compensation for his or her
services | 2 | | as chief executive officer as determined by the Mayor as | 3 | | provided in
subsection (a) of Section 34-3, board members shall | 4 | | serve without any
compensation; provided, that board members | 5 | | shall be reimbursed for expenses
incurred while in the | 6 | | performance of their duties upon submission of proper
receipts | 7 | | or upon submission of a signed voucher in the case of an | 8 | | expense
allowance evidencing the amount of such reimbursement | 9 | | or allowance to the
president of the board for verification and | 10 | | approval. The board of
education may continue to provide health | 11 | | care insurance coverage, employer
pension contributions, | 12 | | employee pension contributions, and life insurance
premium | 13 | | payments for an employee required to resign from
an | 14 | | administrative, teaching, or career service position in order | 15 | | to qualify
as a member of the board of education. They shall | 16 | | not hold other public
office under the Federal, State or any | 17 | | local government other than that of
Director of the Regional | 18 | | Transportation Authority, member of the economic
development | 19 | | commission of a city having a population exceeding 500,000,
| 20 | | notary public or member of the National Guard, and by accepting | 21 | | any such
office while members of the board, or by not resigning | 22 | | any such office held
at the time of being elected or appointed | 23 | | to the board within 30 days after such election or
appointment, | 24 | | shall be deemed to have vacated their membership in the board.
| 25 | | (Source: P.A. 93-309, eff. 1-1-04.)
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| 1 | | (105 ILCS 5/34-13.1)
| 2 | | Sec. 34-13.1. Inspector General.
| 3 | | (a) The Inspector General and his office in existence on | 4 | | the effective date
of this amendatory Act of 1995 shall be | 5 | | transferred to the jurisdiction of the
board upon appointment | 6 | | of the Chicago School Reform Board of Trustees. The
Inspector | 7 | | General shall have the authority
to conduct investigations into | 8 | | allegations of or incidents of waste, fraud, and
financial | 9 | | mismanagement in public education within the jurisdiction of | 10 | | the
board by a local school council
member or an
employee, | 11 | | contractor, or member of the board or involving
school projects
| 12 | | managed or handled by the Public Building Commission. The | 13 | | Inspector General
shall make recommendations to the board about | 14 | | the
investigations.
The Inspector General in office on the | 15 | | effective date of this amendatory Act
of 1996 shall serve for a | 16 | | term expiring on June 30, 1998. His or her
successors in office | 17 | | shall each be appointed by the Mayor, without the consent
or | 18 | | approval of the City Council, for 4 year terms expiring on June | 19 | | 30th of an
even numbered year ; however, beginning on April 12, | 20 | | 2011, successors shall be appointed by the board instead of the | 21 | | Mayor .
If the Inspector General leaves office or if a vacancy | 22 | | in that office otherwise occurs, the
Mayor shall appoint, | 23 | | without the consent or
approval of the City Council, a | 24 | | successor to serve under this Section for the
remainder of the | 25 | | unexpired term ; however, beginning on April 12, 2011, | 26 | | successors shall be appointed by the board instead of the |
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| 1 | | Mayor . The
Inspector General shall be independent of the | 2 | | operations of the board and
the School Finance Authority, and | 3 | | shall perform other duties requested by the
board.
| 4 | | (b) The Inspector General shall have access to all
| 5 | | information and personnel necessary to perform the duties of | 6 | | the
office. If the Inspector General determines that a possible
| 7 | | criminal act has been committed or that special expertise is
| 8 | | required in the investigation, he or she shall immediately | 9 | | notify
the Chicago Police Department and the Cook County | 10 | | State's
Attorney. All investigations conducted by the | 11 | | Inspector General
shall be conducted in a manner that ensures | 12 | | the preservation of
evidence for use in criminal prosecutions.
| 13 | | (c) At all times the Inspector General shall be granted
| 14 | | access to any building or facility that is owned, operated, or
| 15 | | leased by the board, the Public Building Commission, or the
| 16 | | city in trust
and for the use and benefit of the schools of the | 17 | | district.
| 18 | | (d) The Inspector General shall have the power to subpoena
| 19 | | witnesses and compel the production of books and papers | 20 | | pertinent
to an investigation authorized by this Code. Any | 21 | | person who (1)
fails to appear in response to a subpoena; (2) | 22 | | fails to answer
any question; (3) fails to produce any books or | 23 | | papers pertinent
to an investigation under this Code; or (4) | 24 | | knowingly gives
false testimony during an investigation under | 25 | | this Code, is
guilty of a Class A misdemeanor.
| 26 | | (e) The Inspector General shall provide to the board and
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| 1 | | the Illinois General Assembly a summary of reports and
| 2 | | investigations made under this Section for the previous fiscal
| 3 | | year no later than January 1 of each year, except that the | 4 | | Inspector General
shall provide the summary of reports and | 5 | | investigations made under this Section
for the period | 6 | | commencing July 1, 1998 and ending April 30, 1999 no later than
| 7 | | May 1, 1999. The summaries shall detail the final disposition | 8 | | of those
recommendations. The summaries shall not contain any | 9 | | confidential or
identifying information concerning the | 10 | | subjects of the reports and
investigations. The summaries shall | 11 | | also include detailed recommended
administrative actions and | 12 | | matters for consideration by the General Assembly.
| 13 | | (f) (Blank).
| 14 | | (g) (Blank).
| 15 | | (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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