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
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Public Act 102-0691
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SB1784 Enrolled | LRB102 16111 CMG 21485 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Election Code is amended by changing |
Section 2A-1.2 as follows:
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(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
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(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;
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(2) United States Senator and United States |
Representative;
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(3) State Executive Branch elected officers;
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(4) State Senator and State Representative;
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(5) County elected officers, including State's |
Attorney, County Board
member, County Commissioners, and |
elected President of the County Board or
County Chief |
Executive;
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(6) Circuit Court Clerk;
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(7) Regional Superintendent of Schools, except in |
counties or
educational service regions in which that |
office has been abolished;
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(8) Judges of the Supreme, Appellate and Circuit |
Courts, on the question
of retention, to fill vacancies |
and newly created judicial offices;
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(9) (Blank);
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(10) Trustee of the Metropolitan Water Reclamation |
District of Greater Chicago, and elected
Trustee of other |
Sanitary Districts;
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(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
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precinct committeeperson shall be filled and delegates and |
alternate delegates
to the National nominating conventions |
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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.
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(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.
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(c) At the consolidated election in the appropriate |
odd-numbered years,
the following offices shall be filled:
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(1) Municipal officers, provided that in |
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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;
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(2) Village and incorporated town library directors;
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(3) City boards of stadium commissioners;
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(4) Commissioners of park districts;
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(5) Trustees of public library districts;
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(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;
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(8) Highway commissioners and road district clerks;
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(9) Members of school boards in school districts which |
adopt Article 33
of the School Code;
|
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(10) The directors and chair of the Chain O Lakes - Fox |
River Waterway
Management Agency;
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(11) Forest preserve district commissioners elected |
under Section 3.5 of
the Downstate Forest Preserve |
District Act;
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(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;
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(13) Members of Community College district boards;
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(14) Trustees of Fire Protection Districts;
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(15) Commissioners of the Springfield Metropolitan |
Exposition and
Auditorium
Authority;
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(16) Elected Trustees of Tuberculosis Sanitarium |
Districts;
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(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.
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(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.
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(Source: P.A. 102-15, eff. 6-17-21; 102-558, eff. 8-20-21.)
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(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:
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(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.
|