Bill Amendment: IL HB2267 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ELECTED CHICAGO SCHOOL BOARD
Status: 2021-01-11 - Placed on Calendar Order of 3rd Reading January 12, 2021 [HB2267 Detail]
Download: Illinois-2019-HB2267-House_Amendment_002.html
Bill Title: ELECTED CHICAGO SCHOOL BOARD
Status: 2021-01-11 - Placed on Calendar Order of 3rd Reading January 12, 2021 [HB2267 Detail]
Download: Illinois-2019-HB2267-House_Amendment_002.html
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1 | AMENDMENT TO HOUSE BILL 2267
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2 | AMENDMENT NO. ______. Amend House Bill 2267 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Election Code is amended by changing | ||||||
5 | Sections 2A-1.2 and 2A-48 as follows:
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6 | (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
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7 | Sec. 2A-1.2. Consolidated schedule of elections - offices | ||||||
8 | designated.
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9 | (a) At the general election in the appropriate | ||||||
10 | even-numbered years, the
following offices shall be filled or | ||||||
11 | shall be on the ballot as otherwise
required by this Code:
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12 | (1) Elector of President and Vice President of the | ||||||
13 | United States;
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14 | (2) United States Senator and United States | ||||||
15 | Representative;
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16 | (3) State Executive Branch elected officers;
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1 | (4) State Senator and State Representative;
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2 | (5) County elected officers, including State's | ||||||
3 | Attorney, County Board
member, County Commissioners, and | ||||||
4 | elected President of the County Board or
County Chief | ||||||
5 | Executive;
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6 | (6) Circuit Court Clerk;
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7 | (7) Regional Superintendent of Schools, except in | ||||||
8 | counties or
educational service regions in which that | ||||||
9 | office has been abolished;
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10 | (8) Judges of the Supreme, Appellate and Circuit | ||||||
11 | Courts, on the question
of retention, to fill vacancies and | ||||||
12 | newly created judicial offices;
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13 | (9) (Blank);
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14 | (10) Trustee of the Metropolitan Sanitary District of | ||||||
15 | Chicago, and elected
Trustee of other Sanitary Districts;
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16 | (11) Special District elected officers, not otherwise | ||||||
17 | designated in this
Section, where the statute creating or | ||||||
18 | authorizing the creation of
the district requires an annual | ||||||
19 | election and permits or requires election
of candidates of | ||||||
20 | political parties.
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21 | (b) At the general primary election:
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22 | (1) in each even-numbered year candidates of political | ||||||
23 | parties shall be
nominated for those offices to be filled | ||||||
24 | at the general election in that
year, except where pursuant | ||||||
25 | to law nomination of candidates of political
parties is | ||||||
26 | made by caucus.
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1 | (2) in the appropriate even-numbered years the | ||||||
2 | political party offices of
State central committeeperson, | ||||||
3 | township committeeperson, ward committeeperson, and
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4 | precinct committeeperson shall be filled and delegates and | ||||||
5 | alternate delegates
to the National nominating conventions | ||||||
6 | shall be elected as may be required
pursuant to this Code. | ||||||
7 | In the even-numbered years in which a Presidential
election | ||||||
8 | is to be held, candidates in the Presidential preference | ||||||
9 | primary
shall also be on the ballot.
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10 | (3) in each even-numbered year, where the municipality | ||||||
11 | has provided for
annual elections to elect municipal | ||||||
12 | officers pursuant to Section 6(f) or
Section 7 of Article | ||||||
13 | VII of the Constitution, pursuant to the Illinois
Municipal | ||||||
14 | Code or pursuant to the municipal charter, the offices of | ||||||
15 | such
municipal officers shall be filled at an election held | ||||||
16 | on the date of the
general primary election, provided that | ||||||
17 | the municipal election shall be a
nonpartisan election | ||||||
18 | where required by the Illinois Municipal Code. For
partisan | ||||||
19 | municipal elections in even-numbered years, a primary to | ||||||
20 | nominate
candidates for municipal office to be elected at | ||||||
21 | the general primary
election shall be held on the Tuesday 6 | ||||||
22 | weeks preceding that election.
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23 | (4) in each school district which has adopted the | ||||||
24 | provisions of
Article 33 of the School Code, successors to | ||||||
25 | the members of the board
of education whose terms expire in | ||||||
26 | the year in which the general primary is
held shall be |
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1 | elected.
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2 | (c) At the consolidated election in the appropriate | ||||||
3 | odd-numbered years,
the following offices shall be filled:
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4 | (1) Municipal officers, provided that in | ||||||
5 | municipalities in which
candidates for alderman or other | ||||||
6 | municipal office are not permitted by law
to be candidates | ||||||
7 | of political parties, the runoff election where required
by | ||||||
8 | law, or the nonpartisan election where required by law, | ||||||
9 | shall be held on
the date of the consolidated election; and | ||||||
10 | provided further, in the case of
municipal officers | ||||||
11 | provided for by an ordinance providing the form of
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12 | government of the municipality pursuant to Section 7 of | ||||||
13 | Article VII of the
Constitution, such offices shall be | ||||||
14 | filled by election or by runoff
election as may be provided | ||||||
15 | by such ordinance;
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16 | (2) Village and incorporated town library directors;
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17 | (3) City boards of stadium commissioners;
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18 | (4) Commissioners of park districts;
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19 | (5) Trustees of public library districts;
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20 | (6) Special District elected officers, not otherwise | ||||||
21 | designated in this
Section, where the statute creating or | ||||||
22 | authorizing the creation of the district
permits or | ||||||
23 | requires election of candidates of political parties;
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24 | (7) Township officers, including township park | ||||||
25 | commissioners, township
library directors, and boards of | ||||||
26 | managers of community buildings, and
Multi-Township |
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1 | Assessors;
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2 | (8) Highway commissioners and road district clerks;
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3 | (9) Members of school boards in school districts which | ||||||
4 | adopt Article 33
of the School Code;
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5 | (10) The directors and chair of the Chain O Lakes - Fox | ||||||
6 | River Waterway
Management Agency;
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7 | (11) Forest preserve district commissioners elected | ||||||
8 | under Section 3.5 of
the Downstate Forest Preserve District | ||||||
9 | Act;
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10 | (12) Elected members of school boards, school | ||||||
11 | trustees, directors of
boards of school directors, | ||||||
12 | trustees of county boards of school trustees
(except in | ||||||
13 | counties or educational service regions having a | ||||||
14 | population
of 2,000,000 or more inhabitants) , and members | ||||||
15 | of boards of school inspectors,
except school boards in | ||||||
16 | school
districts that adopt Article 33 of the School Code;
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17 | (13) Members of Community College district boards;
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18 | (14) Trustees of Fire Protection Districts;
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19 | (15) Commissioners of the Springfield Metropolitan | ||||||
20 | Exposition and
Auditorium
Authority;
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21 | (16) Elected Trustees of Tuberculosis Sanitarium | ||||||
22 | Districts;
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23 | (17) Elected Officers of special districts not | ||||||
24 | otherwise designated in
this Section for which the law | ||||||
25 | governing those districts does not permit
candidates of | ||||||
26 | political parties.
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1 | (d) At the consolidated primary election in each | ||||||
2 | odd-numbered year,
candidates of political parties shall be | ||||||
3 | nominated for those offices to be
filled at the consolidated | ||||||
4 | election in that year, except where pursuant to
law nomination | ||||||
5 | of candidates of political parties is made by caucus, and
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6 | except those offices listed in paragraphs (12) through (17) of | ||||||
7 | subsection
(c).
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8 | At the consolidated primary election in the appropriate | ||||||
9 | odd-numbered years,
the mayor, clerk, treasurer, and aldermen | ||||||
10 | shall be elected in
municipalities in which
candidates for | ||||||
11 | mayor, clerk, treasurer, or alderman are not permitted by
law | ||||||
12 | to be candidates
of political parties, subject to runoff | ||||||
13 | elections to be held at the
consolidated election as may be | ||||||
14 | required
by law, and municipal officers shall be nominated in a | ||||||
15 | nonpartisan election
in municipalities in which pursuant to law | ||||||
16 | candidates for such office are
not permitted to be candidates | ||||||
17 | of political parties.
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18 | At the consolidated primary election in the appropriate | ||||||
19 | odd-numbered years,
municipal officers shall be nominated or | ||||||
20 | elected, or elected subject to
a runoff, as may be provided by | ||||||
21 | an ordinance providing a form of government
of the municipality | ||||||
22 | pursuant to Section 7 of Article VII of the Constitution.
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23 | At the consolidated primary elections in 2023 and 2027, | ||||||
24 | members of the Chicago Board of Education shall be elected as | ||||||
25 | provided in subsection (b-5) of Section 34-3 of the School | ||||||
26 | Code, subject to the runoff elections to be held at the |
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1 | consolidated election as may be required by law. | ||||||
2 | (e) (Blank).
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3 | (f) At any election established in Section 2A-1.1, public | ||||||
4 | questions may
be submitted to voters pursuant to this Code and | ||||||
5 | any special election
otherwise required or authorized by law or | ||||||
6 | by court order may be conducted
pursuant to this Code.
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7 | Notwithstanding the regular dates for election of officers | ||||||
8 | established
in this Article, whenever a referendum is held for | ||||||
9 | the establishment of
a political subdivision whose officers are | ||||||
10 | to be elected, the initial officers
shall be elected at the | ||||||
11 | election at which such referendum is held if otherwise
so | ||||||
12 | provided by law. In such cases, the election of the initial | ||||||
13 | officers
shall be subject to the referendum.
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14 | Notwithstanding the regular dates for election of | ||||||
15 | officials established
in this Article, any community college | ||||||
16 | district which becomes effective by
operation of law pursuant | ||||||
17 | to Section 6-6.1 of the Public Community College
Act, as now or | ||||||
18 | hereafter amended, shall elect the initial district board
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19 | members at the next regularly scheduled election following the | ||||||
20 | effective
date of the new district.
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21 | (g) At any election established in Section 2A-1.1, if in | ||||||
22 | any precinct
there are no offices or public questions required | ||||||
23 | to be on the ballot under
this Code then no election shall be | ||||||
24 | held in the precinct on that date.
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25 | (h) There may be conducted a
referendum in accordance with | ||||||
26 | the provisions of Division 6-4 of the
Counties Code.
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1 | (Source: P.A. 100-1027, eff. 1-1-19 .)
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2 | (10 ILCS 5/2A-48) (from Ch. 46, par. 2A-48)
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3 | Sec. 2A-48. Board of School Directors and Board of | ||||||
4 | Education - Member - Time of Election. A
member of a Board of | ||||||
5 | School Directors or a member of an elected Board of
Education, | ||||||
6 | as the case may be, shall be elected at each consolidated
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7 | election to succeed each incumbent member whose term ends | ||||||
8 | before the
following consolidated election. At the | ||||||
9 | consolidated primary elections in 2023 and 2027, members of the | ||||||
10 | Chicago Board of Education shall be elected as provided in | ||||||
11 | subsection (b-5) of Section 34-3 of the School Code, subject to | ||||||
12 | the runoff elections to be held at the consolidated election as | ||||||
13 | may be required by law.
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14 | (Source: P.A. 90-358, eff. 1-1-98.)
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15 | Section 10. The School Code is amended by changing Sections | ||||||
16 | 34-3, 34-4, and 34-13.1 and by adding Sections 34-21.9, 34-4.1, | ||||||
17 | and 34-4.2 as follows:
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18 | (105 ILCS 5/34-3) (from Ch. 122, par. 34-3)
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19 | Sec. 34-3. Chicago School Reform Board of Trustees; new | ||||||
20 | Chicago Board of
Education; members; term; vacancies.
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21 | (a) Within 30 days after the effective date of this | ||||||
22 | amendatory Act of
1995, the terms of all members of the Chicago | ||||||
23 | Board of Education
holding office on that date are abolished |
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1 | and the Mayor shall appoint,
without the consent or approval of | ||||||
2 | the City Council, a 5 member
Chicago School Reform Board of | ||||||
3 | Trustees which shall take office upon the
appointment of the | ||||||
4 | fifth member. The Chicago School
Reform Board of Trustees and | ||||||
5 | its members
shall serve until, and the terms of all members of | ||||||
6 | the Chicago School
Reform Board of Trustees shall expire on, | ||||||
7 | June 30, 1999 or upon the
appointment of a new Chicago Board of | ||||||
8 | Education as provided
in subsection (b), whichever is later. | ||||||
9 | Any vacancy in the membership of
the Trustees shall be filled | ||||||
10 | through appointment by the Mayor,
without the consent or | ||||||
11 | approval of the City Council, for the unexpired term.
One of | ||||||
12 | the members appointed by the Mayor to the Trustees shall
be | ||||||
13 | designated by the Mayor to serve as President of the Trustees. | ||||||
14 | The
Mayor shall appoint a full-time, compensated
chief | ||||||
15 | executive officer, and his or her compensation as such chief | ||||||
16 | executive
officer shall be determined by the Mayor. The Mayor, | ||||||
17 | at his or her discretion,
may appoint the President to serve | ||||||
18 | simultaneously as the chief executive
officer.
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19 | (b) Within 30 days before the expiration of the terms of | ||||||
20 | the members of
the Chicago Reform Board of Trustees as provided | ||||||
21 | in subsection (a), a new
Chicago Board of Education consisting | ||||||
22 | of 7 members shall be appointed by the
Mayor to take office on | ||||||
23 | the later of July 1, 1999 or the appointment of the
seventh | ||||||
24 | member. Three of the members initially so appointed under this
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25 | subsection shall serve for terms ending June 30, 2002, 4 of the | ||||||
26 | members
initially so appointed under this subsection shall |
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1 | serve for terms ending
June 30, 2003, and each member initially | ||||||
2 | so appointed shall continue to hold
office until his or her | ||||||
3 | successor is appointed and qualified. Thereafter at
the | ||||||
4 | expiration of the term of any member a successor
shall be | ||||||
5 | appointed by the Mayor and shall hold office for a term of 4 | ||||||
6 | years,
from July 1 of the year in which the term commences and | ||||||
7 | until a successor
is appointed and qualified. Any vacancy in | ||||||
8 | the membership of the Chicago Board
of Education shall be | ||||||
9 | filled through appointment by the Mayor for the
unexpired term. | ||||||
10 | No appointment to membership on the
Chicago Board of Education | ||||||
11 | that is made by the Mayor under
this subsection shall require | ||||||
12 | the approval of the City
Council, whether the appointment is | ||||||
13 | made for a full term or to fill a vacancy
for an unexpired term | ||||||
14 | on the Board. Notwithstanding any provision of law to the | ||||||
15 | contrary, the terms of all members of the Chicago Board
of | ||||||
16 | Education serving on May 9, 2023 shall end when the members of | ||||||
17 | the board organized under subsection (b-5) are elected and | ||||||
18 | qualified. This subsection shall be inoperative after May 31, | ||||||
19 | 2023. | ||||||
20 | (b-5) At the consolidated primaries in 2023 and 2027, a | ||||||
21 | Chicago Board of Education consisting of 21 members shall be | ||||||
22 | elected by the electors of the school district as provided in | ||||||
23 | this subsection. | ||||||
24 | Each member shall be elected for a term of 4 years. For | ||||||
25 | purposes of elections conducted under this subsection, the City | ||||||
26 | of Chicago shall be subdivided into 20 electoral districts by |
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1 | the General Assembly for seats on the Chicago Board of | ||||||
2 | Education, as provided under Section 34-21.9. Each district | ||||||
3 | shall be represented by a member, and one member shall be | ||||||
4 | elected at large and serve as the president of the board. | ||||||
5 | The candidate receiving a majority of the votes cast for a | ||||||
6 | seat on the Chicago Board of Education at the consolidated | ||||||
7 | primary election shall be declared elected. If no candidate | ||||||
8 | receives a majority of the votes for a seat on the Chicago | ||||||
9 | Board of Education, a runoff election shall be held at the | ||||||
10 | consolidated election, when only the names of the candidates | ||||||
11 | receiving the highest and second highest number of votes for | ||||||
12 | that seat on the Chicago Board of Education at the consolidated | ||||||
13 | primary election shall appear on the ballot. If more than one | ||||||
14 | candidate received the highest or second highest number of | ||||||
15 | votes for a seat on the Chicago Board of Education at the | ||||||
16 | consolidated primary election, the names of all candidates | ||||||
17 | receiving the highest and second highest number of votes for | ||||||
18 | that seat on the Chicago Board of Education shall appear on the | ||||||
19 | ballot at the consolidated election. The candidate receiving | ||||||
20 | the highest number of votes for that seat on the Chicago Board | ||||||
21 | of Education at the consolidated election shall be declared | ||||||
22 | elected. | ||||||
23 | Within 28 days after the members enter office, the board | ||||||
24 | shall organize by electing its vice president and fixing a time | ||||||
25 | and place for the regular meetings. No less than a majority of | ||||||
26 | the board's regular meetings shall take place after regular |
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1 | business hours in order to maximize community participation. | ||||||
2 | Upon organizing itself as provided in this subsection, the | ||||||
3 | board shall enter upon the discharge of its duties. | ||||||
4 | Whenever a vacancy in the board occurs, the remaining | ||||||
5 | members of the board shall notify the Mayor of that vacancy | ||||||
6 | within 5 days after its occurrence and shall proceed to fill | ||||||
7 | the vacancy for the remainder of the unexpired term. The | ||||||
8 | successor shall have the same residential and other | ||||||
9 | qualifications as his or her predecessor. Should the remaining | ||||||
10 | board members fail to act within 45 days after the vacancy | ||||||
11 | occurs, the Mayor shall, within 30 days after the remaining | ||||||
12 | members have failed to fill the vacancy, fill the vacancy as | ||||||
13 | provided for in this Section. Upon the Mayor's failure to fill | ||||||
14 | the vacancy, the vacancy shall be filled at the next election | ||||||
15 | of a new board. The successor shall have the same residential | ||||||
16 | and other qualifications as his or her predecessor. | ||||||
17 | (b-10) No later than June 30, 2029, the General Assembly | ||||||
18 | must review and revise the election of members of the Chicago | ||||||
19 | Board of Education under subsection (b-5). If the General | ||||||
20 | Assembly has not reauthorized the election of members of the | ||||||
21 | Chicago Board of Education under subsection (b-5) by June 30, | ||||||
22 | 2029, then, on May 13, 2031, the terms of all members elected | ||||||
23 | in 2027 under subsection (b-5) shall end, and a new
Chicago | ||||||
24 | Board of Education consisting of 7 members shall be appointed | ||||||
25 | by the
Mayor. Three of the members initially so appointed under | ||||||
26 | this
subsection shall serve for terms ending June 30, 2033, 4 |
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1 | of the members
initially so appointed under this subsection | ||||||
2 | shall serve for terms ending
June 30, 2035, and each member | ||||||
3 | initially so appointed shall continue to hold
office until his | ||||||
4 | or her successor is appointed and qualified. Thereafter, at
the | ||||||
5 | expiration of the term of any member, a successor
shall be | ||||||
6 | appointed by the Mayor and shall hold office for a term of 4 | ||||||
7 | years,
from July 1 of the year in which the term commences and | ||||||
8 | until a successor
is appointed and qualified. Any vacancy in | ||||||
9 | the membership of the Chicago Board
of Education shall be | ||||||
10 | filled through appointment by the Mayor for the
unexpired term. | ||||||
11 | No appointment to membership on the
Chicago Board of Education | ||||||
12 | that is made by the Mayor under
this subsection shall require | ||||||
13 | the approval of the City
Council, regardless of whether the | ||||||
14 | appointment is made for a full term or to fill a vacancy
for an | ||||||
15 | unexpired term on the Board. | ||||||
16 | (b-15) Except as otherwise provided under subsection | ||||||
17 | (b-5), the The board shall elect annually from its
number a | ||||||
18 | president and vice-president, in such
manner and at such
time | ||||||
19 | as the board determines by its rules. The officers so elected | ||||||
20 | shall each
perform the duties imposed upon his or her their | ||||||
21 | respective office by the rules of the
board, provided that (i) | ||||||
22 | the president shall preside at meetings of the board
and vote | ||||||
23 | as any other member but have no power of veto, and (ii) the | ||||||
24 | vice
president shall perform the duties of the president if | ||||||
25 | that office is vacant or
the president is absent or unable to | ||||||
26 | act.
The secretary of the board Board shall be selected by the |
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| |||||||
1 | board Board and shall be an
employee of the board Board rather | ||||||
2 | than a member of the board Board , notwithstanding
subsection | ||||||
3 | (d) of Section 34-3.3. The duties of the secretary shall be
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4 | imposed by the rules of the board Board .
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5 | (b-20) No member shall have, or be an employee or owner of | ||||||
6 | a company that has, a contract with the school district. No | ||||||
7 | former officer, member, or employee of the board shall, within | ||||||
8 | a period of one year immediately after termination of service | ||||||
9 | on the board, knowingly accept employment or receive | ||||||
10 | compensation or fees for services from a person or entity if | ||||||
11 | the officer, member, or employee, during the year immediately | ||||||
12 | preceding termination of service on the board, participated | ||||||
13 | personally and substantially in the award of contracts with the | ||||||
14 | board or the school district, or the issuance of contract | ||||||
15 | change orders with the board or the school district, with a | ||||||
16 | cumulative value of $25,000 or more to the person or entity, or | ||||||
17 | its parent or subsidiary. | ||||||
18 | (c) The board may appoint a student to the board to serve | ||||||
19 | in an advisory capacity. The student member shall serve for a | ||||||
20 | term as determined by the board. The board may not grant the | ||||||
21 | student member any voting privileges, but shall consider the | ||||||
22 | student member as an advisor. The student member may not | ||||||
23 | participate in or attend any executive session of the board.
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24 | (Source: P.A. 94-231, eff. 7-14-05.)
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25 | (105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
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1 | Sec. 34-4. Eligibility. | ||||||
2 | (a) To be eligible for election or appointment to the | ||||||
3 | board, a
person shall be a citizen of the United States, shall | ||||||
4 | be a registered voter
as provided in the Election Code, shall | ||||||
5 | have been a resident of the city and, if applicable, the | ||||||
6 | electoral district for at
least one year 3 years immediately
| ||||||
7 | preceding his or her election or appointment, and shall not be | ||||||
8 | a child sex offender
as defined in Section 11-9.3 of the
| ||||||
9 | Criminal Code of 2012. A person is ineligible for election or | ||||||
10 | appointment to the board if that person is an employee of the | ||||||
11 | school district. For the board elected under subsection (b-5) | ||||||
12 | of Section 34-3, all persons eligible for election to the board | ||||||
13 | shall be nominated by a petition signed by no less than 250 | ||||||
14 | voters residing within the electoral district on a petition in | ||||||
15 | order to be placed on the ballot, except that persons eligible | ||||||
16 | for election to the board at large shall be nominated by a | ||||||
17 | petition signed by no less than 2,500 voters residing within | ||||||
18 | the city. | ||||||
19 | Permanent removal from the city by any member of
the board | ||||||
20 | during his or her term of office constitutes a resignation | ||||||
21 | therefrom and
creates a vacancy in the board. Except for the | ||||||
22 | President of the Chicago
School Reform Board of Trustees who | ||||||
23 | may be paid compensation for his or her
services as chief | ||||||
24 | executive officer as determined by the Mayor as provided in
| ||||||
25 | subsection (a) of Section 34-3, board members shall serve | ||||||
26 | without any
compensation; provided, that board members shall be |
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| |||||||
1 | reimbursed for expenses
incurred while in the performance of | ||||||
2 | their duties upon submission of proper
receipts or upon | ||||||
3 | submission of a signed voucher in the case of an expense
| ||||||
4 | allowance evidencing the amount of such reimbursement or | ||||||
5 | allowance to the
president of the board for verification and | ||||||
6 | approval. The board of
education may continue to provide health | ||||||
7 | care insurance coverage, employer
pension contributions, | ||||||
8 | employee pension contributions, and life insurance
premium | ||||||
9 | payments for an employee required to resign from
an | ||||||
10 | administrative, teaching, or career service position in order | ||||||
11 | to qualify
as a member of the board of education. They shall | ||||||
12 | not hold other public
office under the Federal, State or any | ||||||
13 | local government other than that of
Director of the Regional | ||||||
14 | Transportation Authority, member of the economic
development | ||||||
15 | commission of a city having a population exceeding 500,000,
| ||||||
16 | notary public or member of the National Guard, and by accepting | ||||||
17 | any such
office while members of the board, or by not resigning | ||||||
18 | any such office held
at the time of being elected or appointed | ||||||
19 | to the board within 30 days after such election or
appointment, | ||||||
20 | shall be deemed to have vacated their membership in the board.
| ||||||
21 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
22 | (105 ILCS 5/34-4.1 new) | ||||||
23 | Sec. 34-4.1. Nomination petitions. In addition to the | ||||||
24 | requirements of the general election law, the form of petitions | ||||||
25 | under Section 34-4 for the board elected under subsection (b-5) |
| |||||||
| |||||||
1 | of Section 34-3 shall be substantially as follows: | ||||||
2 | NOMINATING PETITIONS | ||||||
3 | (LEAVE OUT THE INAPPLICABLE PART.) | ||||||
4 | To the Board of Election Commissioners for the City of | ||||||
5 | Chicago: | ||||||
6 | We the undersigned, being (.... or more) of the voters | ||||||
7 | residing within said district, hereby petition that .... who | ||||||
8 | resides at .... in the City of Chicago shall be a candidate for | ||||||
9 | the office of .... of the board of education (full term) | ||||||
10 | (vacancy) to be voted for at the election to be held on (insert | ||||||
11 | date). | ||||||
12 | Name: .................. Address: ................... | ||||||
13 | In the designation of the name of a candidate on a petition | ||||||
14 | for nomination, the candidate's given name or names, initial or | ||||||
15 | initials, a nickname by which the candidate is commonly known, | ||||||
16 | or a combination thereof may be used in addition to the | ||||||
17 | candidate's surname. If a candidate has changed his or her | ||||||
18 | name, whether by a statutory or common law procedure in | ||||||
19 | Illinois or any other jurisdiction, within 3 years before the | ||||||
20 | last day for filing the petition, then (i) the candidate's name | ||||||
21 | on the petition must be followed by "formerly known as (list | ||||||
22 | all prior names during the 3-year period) until name changed on | ||||||
23 | (list date of each such name change)" and (ii) the petition | ||||||
24 | must be accompanied by the candidate's affidavit stating the | ||||||
25 | candidate's previous names during the period specified in | ||||||
26 | clause (i) and the date or dates each of those names was |
| |||||||
| |||||||
1 | changed; failure to meet these requirements shall be grounds | ||||||
2 | for denying certification of the candidate's name for the | ||||||
3 | ballot, but these requirements do not apply to name changes | ||||||
4 | resulting from adoption to assume an adoptive parent's or | ||||||
5 | parents' surname, marriage to assume a spouse's surname, or | ||||||
6 | dissolution of marriage or declaration of invalidity of | ||||||
7 | marriage to assume a former surname. No other designation, such | ||||||
8 | as a political slogan, as defined by Section 7-17 of the | ||||||
9 | Election Code, title or degree, or nickname suggesting or | ||||||
10 | implying possession of a title, degree or professional status, | ||||||
11 | or similar information may be used in connection with the | ||||||
12 | candidate's surname. | ||||||
13 | All petitions for the nomination of members of a board of | ||||||
14 | education shall be filed with the board of election | ||||||
15 | commissioners of the jurisdiction in which the principal office | ||||||
16 | of the school district is located within the time provided for | ||||||
17 | by the general election law. The board of election | ||||||
18 | commissioners shall receive and file only those petitions that | ||||||
19 | include a statement of candidacy, the required number of voter | ||||||
20 | signatures, the notarized signature of the petition | ||||||
21 | circulator, and a receipt from the County Clerk showing that | ||||||
22 | the candidate has filed a statement of economic interest on or | ||||||
23 | before the last day to file as required by the Illinois | ||||||
24 | Governmental Ethics Act. The board of election commissioners | ||||||
25 | may have petition forms available for issuance to potential | ||||||
26 | candidates and may give notice of the petition filing period by |
| |||||||
| |||||||
1 | publication in a newspaper of general circulation within the | ||||||
2 | school district not less than 10 days prior to the first day of | ||||||
3 | filing. The board of election commissioners shall make | ||||||
4 | certification to the proper election authorities in accordance | ||||||
5 | with the general election law. | ||||||
6 | The board of election commissioners of the jurisdiction in | ||||||
7 | which the principal office of the school district is located | ||||||
8 | shall notify the candidates for whom a petition for nomination | ||||||
9 | is filed or the appropriate committee of the obligations under | ||||||
10 | the Campaign Financing Act as provided in the general election | ||||||
11 | law. Such notice shall be given on a form prescribed by the | ||||||
12 | State Board of Elections and in accordance with the | ||||||
13 | requirements of the general election law. The board of election | ||||||
14 | commissioners shall within 7 days of filing or on the last day | ||||||
15 | for filing, whichever is earlier, acknowledge to the petitioner | ||||||
16 | in writing the office's acceptance of the petition. | ||||||
17 | A candidate for membership on the board of education who | ||||||
18 | has petitioned for nomination to fill a full term and to fill a | ||||||
19 | vacant term to be voted upon at the same election must withdraw | ||||||
20 | his or her petition for nomination from either the full term or | ||||||
21 | the vacant term by written declaration. | ||||||
22 | Nomination petitions are not valid unless the candidate | ||||||
23 | named therein files with the board of election commissioners a | ||||||
24 | receipt from the county clerk showing that the candidate has | ||||||
25 | filed a statement of economic interests as required by the | ||||||
26 | Illinois Governmental Ethics Act. Such receipt shall be so |
| |||||||
| |||||||
1 | filed either previously during the calendar year in which his | ||||||
2 | or her nomination papers were filed or within the period for | ||||||
3 | the filing of nomination papers in accordance with the general | ||||||
4 | election law.
| ||||||
5 | (105 ILCS 5/34-4.2 new) | ||||||
6 | Sec. 34-4.2. Ballots. This Section applies only to the | ||||||
7 | board election under subsection (b-5) under Section 34-3. The | ||||||
8 | board of election commissioners of the jurisdiction in which | ||||||
9 | the principal office of the school district is located shall | ||||||
10 | conduct a lottery to determine the ballot order of candidates | ||||||
11 | for full terms in the event of any simultaneous petition | ||||||
12 | filings. Such candidate lottery shall be conducted as follows: | ||||||
13 | All petitions filed by persons waiting in line as of 8:00 | ||||||
14 | a.m. on the first day for filing, or as of the normal opening | ||||||
15 | hour of the office involved on such day, shall be deemed | ||||||
16 | simultaneously filed as of 8:00 a.m. or the normal opening | ||||||
17 | hour, as the case may be. Petitions filed by mail and received | ||||||
18 | after midnight of the first day for filing and in the first | ||||||
19 | mail delivery or pickup of that day shall be deemed | ||||||
20 | simultaneously filed as of 8:00 a.m. of that day or as of the | ||||||
21 | normal opening hour of such day, as the case may be. All | ||||||
22 | petitions received thereafter shall be deemed filed in the | ||||||
23 | order of actual receipt. However, 2 or more petitions filed | ||||||
24 | within the last hour of the filing deadline shall be deemed | ||||||
25 | filed simultaneously. |
| |||||||
| |||||||
1 | Where 2 or more petitions are received simultaneously for | ||||||
2 | the same office as of 8:00 a.m. on the first day for petition | ||||||
3 | filing or as of the normal opening hour of the office of the | ||||||
4 | board of election commissioners with whom such petitions are | ||||||
5 | filed, the board of election commissioners shall break ties and | ||||||
6 | determine the order of filing by means of a lottery or other | ||||||
7 | fair and impartial method of random selection. Such lottery | ||||||
8 | shall be conducted within 9 days following the last day for | ||||||
9 | petition filing and shall be open to the public. Seven days | ||||||
10 | written notice of the time and place of conducting such random | ||||||
11 | selection shall be given by the board of election commissioners | ||||||
12 | to all candidates who filed their petitions simultaneously and | ||||||
13 | to each organization of citizens within the election | ||||||
14 | jurisdiction that was entitled, under the general election law, | ||||||
15 | at the next preceding election, to have poll watchers present | ||||||
16 | on the day of election. The board of election commissioners | ||||||
17 | shall post in a conspicuous, open, and public place, at the | ||||||
18 | entrance of his or her office, notice of the time and place of | ||||||
19 | such lottery. | ||||||
20 | All candidates shall be certified in the order in which | ||||||
21 | their petitions have been filed and in the manner prescribed by | ||||||
22 | Section 10-15 of the Election Code. Where candidates have filed | ||||||
23 | simultaneously, they shall be certified in the order prescribed | ||||||
24 | by this Section and prior to candidates who filed for the same | ||||||
25 | office at a later time. | ||||||
26 | Where elections are conducted for unexpired terms, a second |
| |||||||
| |||||||
1 | lottery to determine ballot order shall be conducted for | ||||||
2 | candidates who simultaneously file petitions for such | ||||||
3 | unexpired terms. Such lottery shall be conducted in the same | ||||||
4 | manner as prescribed by this Section for full term candidates. | ||||||
5 | Ballots for the election of school officers shall be in the | ||||||
6 | following form:
| ||||||
7 | (BALLOT FORMAT | ||||||
8 | Ballot position for candidates shall be determined by the | ||||||
9 | order of petition filing or lottery held pursuant to this | ||||||
10 | Section. | ||||||
11 | The school district is divided into 20 electoral districts, | ||||||
12 | each of which elects one member to the board of education and | ||||||
13 | votes on one member to serve at-large.) | ||||||
14 | OFFICIAL BALLOT | ||||||
15 | DISTRICT ....... (1 through 20) | ||||||
16 | FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE | ||||||
17 | A FULL 4-YEAR TERM | ||||||
18 | VOTE FOR ONE | ||||||
19 | ( ) ..................................... | ||||||
20 | ( ) ..................................... | ||||||
21 | ( ) ..................................... | ||||||
22 | OFFICIAL BALLOT | ||||||
23 | AT LARGE | ||||||
24 | FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE | ||||||
25 | A FULL 4-YEAR TERM |
| |||||||
| |||||||
1 | VOTE FOR ONE | ||||||
2 | ( ) ..................................... | ||||||
3 | ( ) ..................................... | ||||||
4 | ( ) ..................................... | ||||||
5 | REVERSE SIDE: | ||||||
6 | OFFICIAL BALLOT | ||||||
7 | DISTRICT ....... (1 through 20) | ||||||
8 | (Precinct name or number) | ||||||
9 | School District No. ......, ........... County, Illinois | ||||||
10 | Election Tuesday (insert date) | ||||||
11 | (facsimile signature of Election Authority) | ||||||
12 | (County)
| ||||||
13 | (105 ILCS 5/34-13.1)
| ||||||
14 | Sec. 34-13.1. Inspector General.
| ||||||
15 | (a) The Inspector General and his office in existence on | ||||||
16 | the effective date
of this amendatory Act of 1995 shall be | ||||||
17 | transferred to the jurisdiction of the
board upon appointment | ||||||
18 | of the Chicago School Reform Board of Trustees. The
Inspector | ||||||
19 | General shall have the authority
to conduct investigations into | ||||||
20 | allegations of or incidents of waste, fraud, and
financial | ||||||
21 | mismanagement in public education within the jurisdiction of | ||||||
22 | the
board by a local school council
member or an
employee, | ||||||
23 | contractor, or member of the board or involving
school projects
| ||||||
24 | managed or handled by the Public Building Commission. The | ||||||
25 | Inspector General
shall make recommendations to the board about |
| |||||||
| |||||||
1 | the
investigations.
The Inspector General in office on the | ||||||
2 | effective date of this amendatory Act
of 1996 shall serve for a | ||||||
3 | term expiring on June 30, 1998. His or her
successors in office | ||||||
4 | shall each be appointed by the Mayor, without the consent
or | ||||||
5 | approval of the City Council, for 4 year terms expiring on June | ||||||
6 | 30th of an
even numbered year ; however, beginning on May 9, | ||||||
7 | 2023 and until May 13, 2031, successors shall be appointed by | ||||||
8 | the board instead of the Mayor .
If the Inspector General leaves | ||||||
9 | office or if a vacancy in that office otherwise occurs, the
| ||||||
10 | Mayor shall appoint, without the consent or
approval of the | ||||||
11 | City Council, a successor to serve under this Section for the
| ||||||
12 | remainder of the unexpired term ; however, beginning on May 9, | ||||||
13 | 2023 and until May 13, 2031, successors shall be appointed by | ||||||
14 | the board instead of the Mayor . The
Inspector General shall be | ||||||
15 | independent of the operations of the board and
the School | ||||||
16 | Finance Authority, and shall perform other duties requested by | ||||||
17 | the
board.
| ||||||
18 | (b) The Inspector General shall have access to all
| ||||||
19 | information and personnel necessary to perform the duties of | ||||||
20 | the
office. If the Inspector General determines that a possible
| ||||||
21 | criminal act has been committed or that special expertise is
| ||||||
22 | required in the investigation, he or she shall immediately | ||||||
23 | notify
the Chicago Police Department and the Cook County | ||||||
24 | State's
Attorney. All investigations conducted by the | ||||||
25 | Inspector General
shall be conducted in a manner that ensures | ||||||
26 | the preservation of
evidence for use in criminal prosecutions.
|
| |||||||
| |||||||
1 | (c) At all times the Inspector General shall be granted
| ||||||
2 | access to any building or facility that is owned, operated, or
| ||||||
3 | leased by the board, the Public Building Commission, or the
| ||||||
4 | city in trust
and for the use and benefit of the schools of the | ||||||
5 | district.
| ||||||
6 | (d) The Inspector General shall have the power to subpoena
| ||||||
7 | witnesses and compel the production of books and papers | ||||||
8 | pertinent
to an investigation authorized by this Code. Any | ||||||
9 | person who (1)
fails to appear in response to a subpoena; (2) | ||||||
10 | fails to answer
any question; (3) fails to produce any books or | ||||||
11 | papers pertinent
to an investigation under this Code; or (4) | ||||||
12 | knowingly gives
false testimony during an investigation under | ||||||
13 | this Code, is
guilty of a Class A misdemeanor.
| ||||||
14 | (e) The Inspector General shall provide to the board and
| ||||||
15 | the Illinois General Assembly a summary of reports and
| ||||||
16 | investigations made under this Section for the previous fiscal
| ||||||
17 | year no later than January 1 of each year, except that the | ||||||
18 | Inspector General
shall provide the summary of reports and | ||||||
19 | investigations made under this Section
for the period | ||||||
20 | commencing July 1, 1998 and ending April 30, 1999 no later than
| ||||||
21 | May 1, 1999. The summaries shall detail the final disposition | ||||||
22 | of those
recommendations. The summaries shall not contain any | ||||||
23 | confidential or
identifying information concerning the | ||||||
24 | subjects of the reports and
investigations. The summaries shall | ||||||
25 | also include detailed recommended
administrative actions and | ||||||
26 | matters for consideration by the General Assembly.
|
| |||||||
| |||||||
1 | (f) (Blank).
| ||||||
2 | (g) (Blank).
| ||||||
3 | (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)
| ||||||
4 | (105 ILCS 5/34-21.9 new) | ||||||
5 | Sec. 34-21.9. Creation of electoral districts; | ||||||
6 | reapportionment of districts. For purposes of an election | ||||||
7 | conducted under subsection (b-5) of Section 34-3, the City of | ||||||
8 | Chicago shall be subdivided into 20 electoral districts after | ||||||
9 | the effective date of this amendatory Act of the 101st General | ||||||
10 | Assembly by the General Assembly for seats on the Chicago Board | ||||||
11 | of Education. The electoral districts must be drawn on or | ||||||
12 | before May 31, 2022. Each district must be compact, contiguous, | ||||||
13 | and substantially equal in population.
| ||||||
14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.".
|