Bill Text: IL SB1784 | 2021-2022 | 102nd General Assembly | Chaptered


Bill Title: Amends the Election Code. Provides for the election of members to the Chicago Board of Education beginning with the 2024 general election (rather than beginning on November 5, 2024). Amends the Chicago School District Article of the School Code. Makes changes concerning the appointment of Board members by the Mayor. Specifies that Board members shall serve without any compensation (but shall be reimbursed for expenses). With respect to nominating petitions, changes a date from the March 15, 2022 election to the 2024 general primary election. In provisions related to the independent financial review and report commissioned by the Board, requires the report to be submitted no later than October 31, 2022 (rather than June 30, 2025); requires the State Board of Education to submit its recommendations based on the report to the General Assembly by no later than July 1, 2023. With respect to the creation of electoral districts, requires the electoral districts to be drawn on or before July 1, 2023 (rather than February 1, 2022). Amends Public Act 102-177 to add an immediate effective date for provisions added to the School Code concerning a moratorium on school closings, consolidations, and phase-outs. Effective June 1, 2022, except that the provision amending Public Act 102-177 is effective immediately.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Passed) 2021-12-17 - Public Act . . . . . . . . . 102-0691 [SB1784 Detail]

Download: Illinois-2021-SB1784-Chaptered.html



Public Act 102-0691
SB1784 EnrolledLRB102 16111 CMG 21485 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Section 2A-1.2 as follows:
(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
(Text of Section before amendment by P.A. 102-177)
Sec. 2A-1.2. Consolidated schedule of elections; offices
designated.
(a) At the general election in the appropriate
even-numbered years, the following offices shall be filled or
shall be on the ballot as otherwise required by this Code:
(1) Elector of President and Vice President of the
United States;
(2) United States Senator and United States
Representative;
(3) State Executive Branch elected officers;
(4) State Senator and State Representative;
(5) County elected officers, including State's
Attorney, County Board member, County Commissioners, and
elected President of the County Board or County Chief
Executive;
(6) Circuit Court Clerk;
(7) Regional Superintendent of Schools, except in
counties or educational service regions in which that
office has been abolished;
(8) Judges of the Supreme, Appellate and Circuit
Courts, on the question of retention, to fill vacancies
and newly created judicial offices;
(9) (Blank);
(10) Trustee of the Metropolitan Water Reclamation
District of Greater Chicago, and elected Trustee of other
Sanitary Districts;
(11) Special District elected officers, not otherwise
designated in this Section, where the statute creating or
authorizing the creation of the district requires an
annual election and permits or requires election of
candidates of political parties.
(b) At the general primary election:
(1) in each even-numbered year candidates of political
parties shall be nominated for those offices to be filled
at the general election in that year, except where
pursuant to law nomination of candidates of political
parties is made by caucus.
(2) in the appropriate even-numbered years the
political party offices of State central committeeperson,
township committeeperson, ward committeeperson, and
precinct committeeperson shall be filled and delegates and
alternate delegates to the National nominating conventions
shall be elected as may be required pursuant to this Code.
In the even-numbered years in which a Presidential
election is to be held, candidates in the Presidential
preference primary shall also be on the ballot.
(3) in each even-numbered year, where the municipality
has provided for annual elections to elect municipal
officers pursuant to Section 6(f) or Section 7 of Article
VII of the Constitution, pursuant to the Illinois
Municipal Code or pursuant to the municipal charter, the
offices of such municipal officers shall be filled at an
election held on the date of the general primary election,
provided that the municipal election shall be a
nonpartisan election where required by the Illinois
Municipal Code. For partisan municipal elections in
even-numbered years, a primary to nominate candidates for
municipal office to be elected at the general primary
election shall be held on the Tuesday 6 weeks preceding
that election.
(4) in each school district which has adopted the
provisions of Article 33 of the School Code, successors to
the members of the board of education whose terms expire
in the year in which the general primary is held shall be
elected.
(c) At the consolidated election in the appropriate
odd-numbered years, the following offices shall be filled:
(1) Municipal officers, provided that in
municipalities in which candidates for alderperson or
other municipal office are not permitted by law to be
candidates of political parties, the runoff election where
required by law, or the nonpartisan election where
required by law, shall be held on the date of the
consolidated election; and provided further, in the case
of municipal officers provided for by an ordinance
providing the form of government of the municipality
pursuant to Section 7 of Article VII of the Constitution,
such offices shall be filled by election or by runoff
election as may be provided by such ordinance;
(2) Village and incorporated town library directors;
(3) City boards of stadium commissioners;
(4) Commissioners of park districts;
(5) Trustees of public library districts;
(6) Special District elected officers, not otherwise
designated in this Section, where the statute creating or
authorizing the creation of the district permits or
requires election of candidates of political parties;
(7) Township officers, including township park
commissioners, township library directors, and boards of
managers of community buildings, and Multi-Township
Assessors;
(8) Highway commissioners and road district clerks;
(9) Members of school boards in school districts which
adopt Article 33 of the School Code;
(10) The directors and chair of the Chain O Lakes - Fox
River Waterway Management Agency;
(11) Forest preserve district commissioners elected
under Section 3.5 of the Downstate Forest Preserve
District Act;
(12) Elected members of school boards, school
trustees, directors of boards of school directors,
trustees of county boards of school trustees (except in
counties or educational service regions having a
population of 2,000,000 or more inhabitants) and members
of boards of school inspectors, except school boards in
school districts that adopt Article 33 of the School Code;
(13) Members of Community College district boards;
(14) Trustees of Fire Protection Districts;
(15) Commissioners of the Springfield Metropolitan
Exposition and Auditorium Authority;
(16) Elected Trustees of Tuberculosis Sanitarium
Districts;
(17) Elected Officers of special districts not
otherwise designated in this Section for which the law
governing those districts does not permit candidates of
political parties.
(d) At the consolidated primary election in each
odd-numbered year, candidates of political parties shall be
nominated for those offices to be filled at the consolidated
election in that year, except where pursuant to law nomination
of candidates of political parties is made by caucus, and
except those offices listed in paragraphs (12) through (17) of
subsection (c).
At the consolidated primary election in the appropriate
odd-numbered years, the mayor, clerk, treasurer, and
alderpersons shall be elected in municipalities in which
candidates for mayor, clerk, treasurer, or alderperson are not
permitted by law to be candidates of political parties,
subject to runoff elections to be held at the consolidated
election as may be required by law, and municipal officers
shall be nominated in a nonpartisan election in municipalities
in which pursuant to law candidates for such office are not
permitted to be candidates of political parties.
At the consolidated primary election in the appropriate
odd-numbered years, municipal officers shall be nominated or
elected, or elected subject to a runoff, as may be provided by
an ordinance providing a form of government of the
municipality pursuant to Section 7 of Article VII of the
Constitution.
(e) (Blank).
(f) At any election established in Section 2A-1.1, public
questions may be submitted to voters pursuant to this Code and
any special election otherwise required or authorized by law
or by court order may be conducted pursuant to this Code.
Notwithstanding the regular dates for election of officers
established in this Article, whenever a referendum is held for
the establishment of a political subdivision whose officers
are to be elected, the initial officers shall be elected at the
election at which such referendum is held if otherwise so
provided by law. In such cases, the election of the initial
officers shall be subject to the referendum.
Notwithstanding the regular dates for election of
officials established in this Article, any community college
district which becomes effective by operation of law pursuant
to Section 6-6.1 of the Public Community College Act, as now or
hereafter amended, shall elect the initial district board
members at the next regularly scheduled election following the
effective date of the new district.
(g) At any election established in Section 2A-1.1, if in
any precinct there are no offices or public questions required
to be on the ballot under this Code then no election shall be
held in the precinct on that date.
(h) There may be conducted a referendum in accordance with
the provisions of Division 6-4 of the Counties Code.
(Source: P.A. 102-15, eff. 6-17-21; 102-558, eff. 8-20-21.)
(Text of Section after amendment by P.A. 102-177)
Sec. 2A-1.2. Consolidated schedule of elections; offices
designated.
(a) At the general election in the appropriate
even-numbered years, the following offices shall be filled or
shall be on the ballot as otherwise required by this Code:
(1) Elector of President and Vice President of the
United States.
(2) United States Senator and United States
Representative.
(3) State Executive Branch elected officers.
(4) State Senator and State Representative.
(5) County elected officers, including State's
Attorney, County Board member, County Commissioners, and
elected President of the County Board or County Chief
Executive.
(6) Circuit Court Clerk.
(7) Regional Superintendent of Schools, except in
counties or educational service regions in which that
office has been abolished.
(8) Judges of the Supreme, Appellate and Circuit
Courts, on the question of retention, to fill vacancies
and newly created judicial offices.
(9) (Blank).
(10) Trustee of the Metropolitan Water Reclamation
District of Greater Chicago, and elected Trustee of other
Sanitary Districts.
(11) Special District elected officers, not otherwise
designated in this Section, where the statute creating or
authorizing the creation of the district requires an
annual election and permits or requires election of
candidates of political parties.
(12) Beginning with the 2024 general election on
November 5, 2024, the elected members of the Chicago Board
of Education; the election of members of the Chicago Board
of Education shall be a nonpartisan election as provided
for under this Code and may be conducted on a separate
ballot.
(b) At the general primary election:
(1) in each even-numbered year candidates of political
parties shall be nominated for those offices to be filled
at the general election in that year, except where
pursuant to law nomination of candidates of political
parties is made by caucus.
(2) in the appropriate even-numbered years the
political party offices of State central committeeperson,
township committeeperson, ward committeeperson, and
precinct committeeperson shall be filled and delegates and
alternate delegates to the National nominating conventions
shall be elected as may be required pursuant to this Code.
In the even-numbered years in which a Presidential
election is to be held, candidates in the Presidential
preference primary shall also be on the ballot.
(3) in each even-numbered year, where the municipality
has provided for annual elections to elect municipal
officers pursuant to Section 6(f) or Section 7 of Article
VII of the Constitution, pursuant to the Illinois
Municipal Code or pursuant to the municipal charter, the
offices of such municipal officers shall be filled at an
election held on the date of the general primary election,
provided that the municipal election shall be a
nonpartisan election where required by the Illinois
Municipal Code. For partisan municipal elections in
even-numbered years, a primary to nominate candidates for
municipal office to be elected at the general primary
election shall be held on the Tuesday 6 weeks preceding
that election.
(4) in each school district which has adopted the
provisions of Article 33 of the School Code, successors to
the members of the board of education whose terms expire
in the year in which the general primary is held shall be
elected.
(c) At the consolidated election in the appropriate
odd-numbered years, the following offices shall be filled:
(1) Municipal officers, provided that in
municipalities in which candidates for alderperson or
other municipal office are not permitted by law to be
candidates of political parties, the runoff election where
required by law, or the nonpartisan election where
required by law, shall be held on the date of the
consolidated election; and provided further, in the case
of municipal officers provided for by an ordinance
providing the form of government of the municipality
pursuant to Section 7 of Article VII of the Constitution,
such offices shall be filled by election or by runoff
election as may be provided by such ordinance;
(2) Village and incorporated town library directors;
(3) City boards of stadium commissioners;
(4) Commissioners of park districts;
(5) Trustees of public library districts;
(6) Special District elected officers, not otherwise
designated in this Section, where the statute creating or
authorizing the creation of the district permits or
requires election of candidates of political parties;
(7) Township officers, including township park
commissioners, township library directors, and boards of
managers of community buildings, and Multi-Township
Assessors;
(8) Highway commissioners and road district clerks;
(9) Members of school boards in school districts which
adopt Article 33 of the School Code;
(10) The directors and chair of the Chain O Lakes - Fox
River Waterway Management Agency;
(11) Forest preserve district commissioners elected
under Section 3.5 of the Downstate Forest Preserve
District Act;
(12) Elected members of school boards, school
trustees, directors of boards of school directors,
trustees of county boards of school trustees (except in
counties or educational service regions having a
population of 2,000,000 or more inhabitants) and members
of boards of school inspectors, except school boards in
school districts that adopt Article 33 of the School Code;
(13) Members of Community College district boards;
(14) Trustees of Fire Protection Districts;
(15) Commissioners of the Springfield Metropolitan
Exposition and Auditorium Authority;
(16) Elected Trustees of Tuberculosis Sanitarium
Districts;
(17) Elected Officers of special districts not
otherwise designated in this Section for which the law
governing those districts does not permit candidates of
political parties.
(d) At the consolidated primary election in each
odd-numbered year, candidates of political parties shall be
nominated for those offices to be filled at the consolidated
election in that year, except where pursuant to law nomination
of candidates of political parties is made by caucus, and
except those offices listed in paragraphs (12) through (17) of
subsection (c).
At the consolidated primary election in the appropriate
odd-numbered years, the mayor, clerk, treasurer, and
alderpersons shall be elected in municipalities in which
candidates for mayor, clerk, treasurer, or alderperson are not
permitted by law to be candidates of political parties,
subject to runoff elections to be held at the consolidated
election as may be required by law, and municipal officers
shall be nominated in a nonpartisan election in municipalities
in which pursuant to law candidates for such office are not
permitted to be candidates of political parties.
At the consolidated primary election in the appropriate
odd-numbered years, municipal officers shall be nominated or
elected, or elected subject to a runoff, as may be provided by
an ordinance providing a form of government of the
municipality pursuant to Section 7 of Article VII of the
Constitution.
(e) (Blank).
(f) At any election established in Section 2A-1.1, public
questions may be submitted to voters pursuant to this Code and
any special election otherwise required or authorized by law
or by court order may be conducted pursuant to this Code.
Notwithstanding the regular dates for election of officers
established in this Article, whenever a referendum is held for
the establishment of a political subdivision whose officers
are to be elected, the initial officers shall be elected at the
election at which such referendum is held if otherwise so
provided by law. In such cases, the election of the initial
officers shall be subject to the referendum.
Notwithstanding the regular dates for election of
officials established in this Article, any community college
district which becomes effective by operation of law pursuant
to Section 6-6.1 of the Public Community College Act, as now or
hereafter amended, shall elect the initial district board
members at the next regularly scheduled election following the
effective date of the new district.
(g) At any election established in Section 2A-1.1, if in
any precinct there are no offices or public questions required
to be on the ballot under this Code then no election shall be
held in the precinct on that date.
(h) There may be conducted a referendum in accordance with
the provisions of Division 6-4 of the Counties Code.
(Source: P.A. 102-15, eff. 6-17-21; 102-177, eff. 6-1-22;
102-558, eff. 8-20-21; revised 9-21-21.)
Section 10. The School Code is amended by changing
Sections 34-3, 34-4, and 34-4.1 and by renumbering and
changing Sections 34-18.67 and 34-21.9, as added by Public Act
102-177, as follows:
(105 ILCS 5/34-3) (from Ch. 122, par. 34-3)
(Text of Section before amendment by P.A. 102-177)
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) 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.
Thereafter at the expiration of the term of any member a
successor shall be appointed by the Mayor and shall hold
office for a term of 4 years, from July 1 of the year in which
the term commences and until a successor is appointed and
qualified. Any vacancy in the membership of the Chicago Board
of Education shall be filled through appointment by the Mayor
for the unexpired term. No appointment to membership on the
Chicago Board of Education that is made by the Mayor under this
subsection shall require the approval of the City Council,
whether the appointment is made for a full term or to fill a
vacancy for an unexpired term on the Board. The board shall
elect annually from its number a president and vice-president,
in such manner and at such time as the board determines by its
rules. The officers so elected 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 vote as any other member but have no
power of veto, 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. 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.
(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. 94-231, eff. 7-14-05.)
(Text of Section after amendment by P.A. 102-177)
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 for a term of office beginning
on January 15, 2025, the Mayor shall appoint 10 Chicago Board
of Education members, with the advice and consent of the City
Council, to serve terms of 2 years. All appointed members
shall serve until a successor is appointed or elected and
qualified. Thereafter at the expiration of the term of any
member a successor shall be elected and shall hold office for a
term of 4 years, from January 15 of the year in which the term
commences and until a successor is appointed or elected and
qualified. Any vacancy in the appointed membership of the
Chicago Board of Education shall be filled through appointment
by the Mayor, with the consent of the Board, for the unexpired
term. The terms of the 10 appointed members under this
subsection shall end on January 14, 2027. By December 16, 2024
for a term of office beginning on January 15, 2025, the Mayor
shall appoint a President of the Board, with the advice and
consent of the City Council, for a term of 2 years. 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 elected by the voters 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. 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) Beginning with the 2024 general election, 10
members of the Chicago Board of Education shall be elected to
serve a term of 4 years in office beginning on January 15,
2025. Beginning with the 2026 general election, 10 members of
the Chicago Board of Education shall be elected to serve a term
of 4 years in office beginning on January 15, 2027. Whenever a
vacancy of a Chicago Board of Education elected board member
occurs, 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 shall have the same qualifications as
his or her predecessor.
For purposes of elections conducted under this subsection,
the City of Chicago shall be subdivided into electoral
districts as provided under subsection (a) of Section 34-21.10
34-21.9. From January 15, 2025 to January 14, 2027, each
district shall be represented by one elected member and one
appointed member. After January 15, 2027, each district shall
be represented by one elected member.
(b-30) No member shall have, or be an employee or owner of
a company that has, a contract with the school district. No
former officer, member, or employee of the board shall, within
a period of one year immediately after termination of service
on the board, knowingly accept employment or receive
compensation or fees for services from a person or entity if
the officer, member, or employee, during the year immediately
preceding termination of service on the board, participated
personally and substantially in the award of contracts with
the board or the school district, or the issuance of contract
change orders with the board or the school district, with a
cumulative value of $25,000 or more to the person or entity, or
its parent or subsidiary.
(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; revised 10-20-21.)
(105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
(Text of Section before amendment by P.A. 102-177)
Sec. 34-4. Eligibility. To be eligible for 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 a resident of the city for at least 3 years
immediately preceding his or her appointment, and shall not be
a child sex offender as defined in Section 11-9.3 of the
Criminal Code of 2012. 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.
Except for the President of the Chicago School Reform Board of
Trustees who may be paid compensation for his or her services
as chief executive officer as determined by the Mayor as
provided in subsection (a) of Section 34-3, board members
shall serve without any compensation; provided, that 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. The board of education may continue to provide
health care insurance coverage, employer pension
contributions, employee pension contributions, and life
insurance premium payments for an employee required to resign
from an administrative, teaching, or career service position
in order to qualify as a member of the board of education. They
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 appointed
to the board within 30 days after such appointment, shall be
deemed to have vacated their membership in the board.
(Source: P.A. 97-1150, eff. 1-25-13.)
(Text of Section after amendment by P.A. 102-177)
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 a resident of the city and, if
applicable, the electoral district, for at least one year
immediately preceding his or her election or appointment, 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 an
employee of the school district. All persons eligible for
election to the board shall be nominated by a petition signed
by no less than 250 voters residing within the electoral
district 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. 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.)
(105 ILCS 5/34-4.1)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 34-4.1. Nomination petitions. In addition to the
requirements of the general election law, the form of
petitions under Section 34-4 of this Code shall be
substantially as follows:
NOMINATING PETITIONS
(LEAVE OUT THE INAPPLICABLE PART.)
To the Board of Election Commissioners for the City of
Chicago:
We the undersigned, being (.... or more) of the voters
residing within said district, hereby petition that .... who
resides at .... in the City of Chicago shall be a candidate for
the office of .... of the board of education (full term)
(vacancy) to be voted for at the election to be held on (insert
date).
Name: .................. Address: ...................
In the designation of the name of a candidate on a petition
for nomination, the candidate's given name or names, initial
or initials, a nickname by which the candidate is commonly
known, or a combination thereof may be used in addition to the
candidate's surname. If a candidate has changed his or her
name, whether by a statutory or common law procedure in
Illinois or any other jurisdiction, within 3 years before the
last day for filing the petition, then (i) the candidate's
name on the petition must be followed by "formerly known as
(list all prior names during the 3-year period) until name
changed on (list date of each such name change)" and (ii) the
petition must be accompanied by the candidate's affidavit
stating the candidate's previous names during the period
specified in clause (i) and the date or dates each of those
names was changed; failure to meet these requirements shall be
grounds for denying certification of the candidate's name for
the ballot, but these requirements do not apply to name
changes resulting from adoption to assume an adoptive parent's
or parents' surname, marriage to assume a spouse's surname, or
dissolution of marriage or declaration of invalidity of
marriage to assume a former surname. No other designation,
such as a political slogan, as defined by Section 7-17 of the
Election Code, title or degree, or nickname suggesting or
implying possession of a title, degree or professional status,
or similar information may be used in connection with the
candidate's surname.
All petitions for the nomination of members of a board of
education shall be filed with the board of election
commissioners of the jurisdiction in which the principal
office of the school district is located within the time
provided for by the general election law, except that
petitions for the nomination of members of the board of
education for the 2024 general primary March 15, 2022 election
shall be prepared and certified on the same schedule as the
petition schedule for the candidates for the General Assembly.
The board of election commissioners shall receive and file
only those petitions that include a statement of candidacy,
the required number of voter signatures, the notarized
signature of the petition circulator, and a receipt from the
county clerk showing that the candidate has filed a statement
of economic interest on or before the last day to file as
required by the Illinois Governmental Ethics Act. The board of
election commissioners may have petition forms available for
issuance to potential candidates and may give notice of the
petition filing period by publication in a newspaper of
general circulation within the school district not less than
10 days prior to the first day of filing. The board of election
commissioners shall make certification to the proper election
authorities in accordance with the general election law.
The board of election commissioners of the jurisdiction in
which the principal office of the school district is located
shall notify the candidates for whom a petition for nomination
is filed or the appropriate committee of the obligations under
the Campaign Financing Act as provided in the general election
law. Such notice shall be given on a form prescribed by the
State Board of Elections and in accordance with the
requirements of the general election law. The board of
election commissioners shall within 7 days of filing or on the
last day for filing, whichever is earlier, acknowledge to the
petitioner in writing the office's acceptance of the petition.
A candidate for membership on the board of education who
has petitioned for nomination to fill a full term and to fill a
vacant term to be voted upon at the same election must withdraw
his or her petition for nomination from either the full term or
the vacant term by written declaration.
Nomination petitions are not valid unless the candidate
named therein files with the board of election commissioners a
receipt from the county clerk showing that the candidate has
filed a statement of economic interests as required by the
Illinois Governmental Ethics Act. Such receipt shall be so
filed either previously during the calendar year in which his
or her nomination papers were filed or within the period for
the filing of nomination papers in accordance with the general
election law.
(Source: P.A. 102-177, eff. 6-1-22.)
(105 ILCS 5/34-18.70)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 34-18.70 34-18.67. Independent financial review
Financial Review. The Chicago Board of Education shall
commission an independent review and report of the district's
finances and entanglements with the City of Chicago. No later
than October 31, 2022 June 30, 2025, the report shall be
provided to the Governor, the Illinois State Board of
Education, the Illinois General Assembly, the Mayor of the
City of Chicago, and the Chicago Board of Education. No later
than July 1, 2023, the The Illinois State Board of Education
shall review the independent review and report and make
recommendations to the legislature on the Chicago Board of
Education's ability to operate with the financial resources
available to it as an independent unit of local government.
(Source: P.A. 102-177, eff. 6-1-22; revised 10-19-21.)
(105 ILCS 5/34-21.10)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 34-21.10 34-21.9. Creation of electoral districts;
reapportionment of districts.
(a) For purposes of elections conducted pursuant to
subsection (b-5) of Section 34-3, the City of Chicago shall be
subdivided into 10 electoral districts for the 2024 elections
and into 20 electoral districts for the 2026 elections after
the effective date of this amendatory Act of the 102nd General
Assembly by the General Assembly for seats on the Chicago
Board of Education. The electoral districts must be drawn on
or before July 1, 2023 February 1, 2022. Each district must be
compact, contiguous, and substantially equal in population and
consistent with the Illinois Voting Rights Act.
(b) In the year following each decennial census, the
General Assembly shall redistrict the electoral districts to
reflect the results of the decennial census consistent with
the requirements in subsection (a). The reapportionment plan
shall be completed and formally approved by the General
Assembly not less than 90 days before the last date
established by law for the filing of nominating petitions for
the second school board election after the decennial census
year. If by reapportionment a board member no longer resides
within the electoral district from which the member was
elected, the member shall continue to serve in office until
the expiration of the member's regular term. All new members
shall be elected from the electoral districts as
reapportioned.
(Source: P.A. 102-177, eff. 6-1-22; revised 10-20-21.)
Section 15. "An Act concerning elections", approved July
29, 2021, Public Act 102-177, is amended by adding Section 99
as follows:
(P.A. 102-177, Sec. 99 new)
Sec. 99. Effective date. This Section and the provisions
changing Section 34-18.69 of the School Code take effect upon
becoming law.
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
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