Bill Amendment: IL HB1774 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ELECTED CHICAGO SCHOOL BOARD
Status: 2019-01-08 - Session Sine Die [HB1774 Detail]
Download: Illinois-2017-HB1774-Senate_Amendment_001.html
Bill Title: ELECTED CHICAGO SCHOOL BOARD
Status: 2019-01-08 - Session Sine Die [HB1774 Detail]
Download: Illinois-2017-HB1774-Senate_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 1774
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2 | AMENDMENT NO. ______. Amend House Bill 1774 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 committeeman, | ||||||
3 | township committeeman, ward committeeman, and
precinct | ||||||
4 | committeeman shall be filled and delegates and alternate | ||||||
5 | delegates
to the National nominating conventions shall be | ||||||
6 | elected as may be required
pursuant to this Code. In the | ||||||
7 | even-numbered years in which a Presidential
election is to | ||||||
8 | be held, candidates in the Presidential preference primary
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9 | 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
| ||||||
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 chairman of the Chain O Lakes - | ||||||
6 | Fox 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 election in 2023 and at the | ||||||
24 | consolidated primary election every 4 years thereafter, | ||||||
25 | members of the Chicago Board of Education shall be elected in a | ||||||
26 | nonpartisan election. |
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1 | (e) (Blank).
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2 | (f) At any election established in Section 2A-1.1, public | ||||||
3 | questions may
be submitted to voters pursuant to this Code and | ||||||
4 | any special election
otherwise required or authorized by law or | ||||||
5 | by court order may be conducted
pursuant to this Code.
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6 | Notwithstanding the regular dates for election of officers | ||||||
7 | established
in this Article, whenever a referendum is held for | ||||||
8 | the establishment of
a political subdivision whose officers are | ||||||
9 | to be elected, the initial officers
shall be elected at the | ||||||
10 | election at which such referendum is held if otherwise
so | ||||||
11 | provided by law. In such cases, the election of the initial | ||||||
12 | officers
shall be subject to the referendum.
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13 | Notwithstanding the regular dates for election of | ||||||
14 | officials established
in this Article, any community college | ||||||
15 | district which becomes effective by
operation of law pursuant | ||||||
16 | to Section 6-6.1 of the Public Community College
Act, as now or | ||||||
17 | hereafter amended, shall elect the initial district board
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18 | members at the next regularly scheduled election following the | ||||||
19 | effective
date of the new district.
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20 | (g) At any election established in Section 2A-1.1, if in | ||||||
21 | any precinct
there are no offices or public questions required | ||||||
22 | to be on the ballot under
this Code then no election shall be | ||||||
23 | held in the precinct on that date.
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24 | (h) There may be conducted a
referendum in accordance with | ||||||
25 | the provisions of Division 6-4 of the
Counties Code.
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26 | (Source: P.A. 89-5, eff. 1-1-96; 89-95,
eff. 1-1-96; 89-626, |
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1 | eff. 8-9-96; 90-358, eff. 1-1-98.)
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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. A member of the | ||||||
9 | Chicago Board of Education shall be elected at the appropriate | ||||||
10 | consolidated primary election to succeed each incumbent member | ||||||
11 | whose term expires in the year in which the consolidated | ||||||
12 | primary election is held.
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13 | (Source: P.A. 90-358, eff. 1-1-98.)
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14 | Section 10. The School Code is amended by changing Sections | ||||||
15 | 34-3, 34-4, and 34-13.1 and by adding Sections 34-21.9, 34-4.1 | ||||||
16 | and 34-4.2 as follows:
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17 | (105 ILCS 5/34-3) (from Ch. 122, par. 34-3)
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18 | Sec. 34-3. Chicago School Reform Board of Trustees; new | ||||||
19 | Chicago Board of
Education; members; term; vacancies.
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20 | (a) Within 30 days after the effective date of this | ||||||
21 | amendatory Act of
1995, the terms of all members of the Chicago | ||||||
22 | Board of Education
holding office on that date are abolished | ||||||
23 | and the Mayor shall appoint,
without the consent or approval of |
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1 | the City Council, a 5 member
Chicago School Reform Board of | ||||||
2 | Trustees which shall take office upon the
appointment of the | ||||||
3 | fifth member. The Chicago School
Reform Board of Trustees and | ||||||
4 | its members
shall serve until, and the terms of all members of | ||||||
5 | the Chicago School
Reform Board of Trustees shall expire on, | ||||||
6 | June 30, 1999 or upon the
appointment of a new Chicago Board of | ||||||
7 | Education as provided
in subsection (b), whichever is later. | ||||||
8 | Any vacancy in the membership of
the Trustees shall be filled | ||||||
9 | through appointment by the Mayor,
without the consent or | ||||||
10 | approval of the City Council, for the unexpired term.
One of | ||||||
11 | the members appointed by the Mayor to the Trustees shall
be | ||||||
12 | designated by the Mayor to serve as President of the Trustees. | ||||||
13 | The
Mayor shall appoint a full-time, compensated
chief | ||||||
14 | executive officer, and his or her compensation as such chief | ||||||
15 | executive
officer shall be determined by the Mayor. The Mayor, | ||||||
16 | at his or her discretion,
may appoint the President to serve | ||||||
17 | simultaneously as the chief executive
officer.
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18 | (b) This subsection (b) applies until May 9, 2023. Within | ||||||
19 | 30 days before the expiration of the terms of the members of
| ||||||
20 | the Chicago Reform Board of Trustees as provided in subsection | ||||||
21 | (a), a new
Chicago Board of Education consisting of 7 members | ||||||
22 | shall be appointed by the
Mayor to take office on the later of | ||||||
23 | July 1, 1999 or the appointment of the
seventh member. Three of | ||||||
24 | the members initially so appointed under this
subsection shall | ||||||
25 | serve for terms ending June 30, 2002, 4 of the members
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26 | initially so appointed under this subsection shall serve for |
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1 | terms ending
June 30, 2003, and each member initially so | ||||||
2 | 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. | ||||||
15 | (b-5) On May 9, 2023, the terms of all members of the | ||||||
16 | Chicago Board of Education appointed under subsection (b) of | ||||||
17 | this Section are abolished when the new board, consisting of 15 | ||||||
18 | members, is elected by the electors of the school district as | ||||||
19 | provided in this subsection (b-5) and takes office. | ||||||
20 | Each member shall be elected for a term of 4 years, | ||||||
21 | commencing on the second Tuesday in May of the year in which | ||||||
22 | the member is elected, and until the member's successor is | ||||||
23 | elected and has qualified. For purposes of elections conducted | ||||||
24 | pursuant to this subsection (b-5), the City of Chicago shall be | ||||||
25 | subdivided into 14 electoral districts for seats on the Chicago | ||||||
26 | Board of Education, as provided under Section 34-21.9 of this |
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1 | Code. Each district shall be represented by a member, and one | ||||||
2 | member shall be elected at large and serve as the president of | ||||||
3 | the board. | ||||||
4 | Within 28 days after each board enters office, the board | ||||||
5 | shall organize by electing its vice president and fixing a time | ||||||
6 | and place for the regular meetings. No less than a majority of | ||||||
7 | the board's regular meetings shall take place after regular | ||||||
8 | business hours in order to maximize community participation. | ||||||
9 | Upon organizing itself as provided in this subsection (b-5), | ||||||
10 | the board shall enter upon the discharge of its duties. | ||||||
11 | Whenever a vacancy in the board occurs, the remaining | ||||||
12 | members of the board shall notify the Mayor of that vacancy | ||||||
13 | within 5 days after its occurrence and shall proceed to fill | ||||||
14 | the vacancy until the next board election, at which election a | ||||||
15 | successor shall be elected to serve the remainder of the | ||||||
16 | unexpired term. However, if the vacancy occurs with less than | ||||||
17 | 28 months remaining in the term or if the vacancy occurs less | ||||||
18 | than 88 days before the next board election, then the person so | ||||||
19 | appointed shall serve the remainder of the unexpired term, and | ||||||
20 | no election to fill the vacancy shall be held. The successor | ||||||
21 | shall have the same residential and other qualifications as his | ||||||
22 | or her predecessor. Should the remaining board members fail to | ||||||
23 | act within 45 days after the vacancy occurs, the Mayor shall, | ||||||
24 | within 30 days after the remaining members have failed to fill | ||||||
25 | the vacancy, fill the vacancy as provided for in this Section. | ||||||
26 | Upon the Mayor's failure to fill the vacancy, the vacancy shall |
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1 | be filled at the next board election. The successor shall have | ||||||
2 | the same residential and other qualifications as his or her | ||||||
3 | predecessor. | ||||||
4 | (b-10) The board shall elect annually from its
number a | ||||||
5 | president and vice-president, in such
manner and at such
time | ||||||
6 | as the board determines by its rules. The president elected by | ||||||
7 | the voters and vice-president elected by the board officers so | ||||||
8 | elected shall each
perform the duties imposed upon his or her | ||||||
9 | their respective office by the rules of the
board, provided | ||||||
10 | that (i) the president shall preside at meetings of the board
| ||||||
11 | and vote as any other member but have no power of veto, and | ||||||
12 | (ii) the vice
president shall perform the duties of the | ||||||
13 | president if that office is vacant or
the president is absent | ||||||
14 | or unable to act.
The secretary of the board Board shall be | ||||||
15 | selected by the board Board and shall be an
employee of the | ||||||
16 | board Board rather than a member of the board Board , | ||||||
17 | notwithstanding
subsection (d) of Section 34-3.3. The duties of | ||||||
18 | the secretary shall be
imposed by the rules of the board Board .
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19 | (b-15) No member shall have, or be an employee or owner of | ||||||
20 | a company that has, a contract with the school district. No | ||||||
21 | former officer, member, or employee of the board shall, within | ||||||
22 | a period of one year immediately after termination of service | ||||||
23 | on the board, knowingly accept employment or receive | ||||||
24 | compensation or fees for services from a person or entity if | ||||||
25 | the officer, member, or employee, during the year immediately | ||||||
26 | preceding termination of service on the board, participated |
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1 | personally and substantially in the award of contracts with the | ||||||
2 | board or the school district, or the issuance of contract | ||||||
3 | change orders with the board or the school district, with a | ||||||
4 | cumulative value of $25,000 or more to the person or entity, or | ||||||
5 | its parent or subsidiary. | ||||||
6 | (c) The board may appoint a student to the board to serve | ||||||
7 | in an advisory capacity. The student member shall serve for a | ||||||
8 | term as determined by the board. The board may not grant the | ||||||
9 | student member any voting privileges, but shall consider the | ||||||
10 | student member as an advisor. The student member may not | ||||||
11 | participate in or attend any executive session of the board.
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12 | (Source: P.A. 94-231, eff. 7-14-05.)
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13 | (105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
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14 | Sec. 34-4. Eligibility. | ||||||
15 | (a) To be eligible for election appointment to the board, a
| ||||||
16 | person shall be a citizen of the United States, shall be a | ||||||
17 | registered voter
as provided in the Election Code, shall have | ||||||
18 | been a resident of the city and the electoral district for at
| ||||||
19 | least one year 3 years immediately
preceding his or her | ||||||
20 | election appointment , and shall not be a child sex offender
as | ||||||
21 | defined in Section 11-9.3 of the
Criminal Code of 2012. A | ||||||
22 | person is ineligible for election or appointment to the board | ||||||
23 | if that person is an employee of the school district. All | ||||||
24 | persons eligible for election to the board shall be nominated | ||||||
25 | by a petition signed by no less than 250 voters residing within |
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1 | the electoral district on a petition in order to be placed on | ||||||
2 | the ballot, except that persons eligible for election to the | ||||||
3 | board at large shall be nominated by a petition signed by no | ||||||
4 | less than 2,500 voters residing within the city. | ||||||
5 | Permanent removal from the city by any member of
the board | ||||||
6 | during his or her term of office constitutes a resignation | ||||||
7 | therefrom and
creates a vacancy in the board. Board Except for | ||||||
8 | the President of the Chicago
School Reform Board of Trustees | ||||||
9 | who may be paid compensation for his or her
services as chief | ||||||
10 | executive officer as determined by the Mayor as provided in
| ||||||
11 | subsection (a) of Section 34-3, board members shall serve | ||||||
12 | without any
compensation; provided, that board members shall be | ||||||
13 | reimbursed for expenses
incurred while in the performance of | ||||||
14 | their duties upon submission of proper
receipts or upon | ||||||
15 | submission of a signed voucher in the case of an expense
| ||||||
16 | allowance evidencing the amount of such reimbursement or | ||||||
17 | allowance to the
president of the board for verification and | ||||||
18 | approval. Board members The board of
education may continue to | ||||||
19 | provide health care insurance coverage, employer
pension | ||||||
20 | contributions, employee pension contributions, and life | ||||||
21 | insurance
premium payments for an employee required to resign | ||||||
22 | from
an administrative, teaching, or career service position in | ||||||
23 | order to qualify
as a member of the board of education. They | ||||||
24 | shall not hold other public
office under the Federal, State or | ||||||
25 | any local government other than that of
Director of the | ||||||
26 | Regional Transportation Authority, member of the economic
|
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| |||||||
1 | development commission of a city having a population exceeding | ||||||
2 | 500,000,
notary public or member of the National Guard, and by | ||||||
3 | accepting any such
office while members of the board, or by not | ||||||
4 | resigning any such office held
at the time of being elected | ||||||
5 | appointed to the board within 30 days after such election
| ||||||
6 | appointment , shall be deemed to have vacated their membership | ||||||
7 | in the board.
| ||||||
8 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
9 | (105 ILCS 5/34-4.1 new) | ||||||
10 | Sec. 34-4.1. Nomination petitions. In addition to the | ||||||
11 | requirements of the general election law, the form of petitions | ||||||
12 | under Section 34-4 of this Code shall be substantially as | ||||||
13 | follows: | ||||||
14 | NOMINATING PETITIONS | ||||||
15 | (LEAVE OUT THE INAPPLICABLE PART.) | ||||||
16 | To the Board of Election Commissioners for the City of | ||||||
17 | Chicago: | ||||||
18 | We the undersigned, being (.... or more) of the voters | ||||||
19 | residing within said district, hereby petition that .... who | ||||||
20 | resides at .... in the City of Chicago shall be a candidate for | ||||||
21 | the office of .... of the board of education (full term) | ||||||
22 | (vacancy) to be voted for at the election to be held on (insert | ||||||
23 | date). | ||||||
24 | Name: .................. Address: ................... | ||||||
25 | In the designation of the name of a candidate on a petition |
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1 | for nomination, the candidate's given name or names, initial or | ||||||
2 | initials, a nickname by which the candidate is commonly known, | ||||||
3 | or a combination thereof may be used in addition to the | ||||||
4 | candidate's surname. If a candidate has changed his or her | ||||||
5 | name, whether by a statutory or common law procedure in | ||||||
6 | Illinois or any other jurisdiction, within 3 years before the | ||||||
7 | last day for filing the petition, then (i) the candidate's name | ||||||
8 | on the petition must be followed by "formerly known as (list | ||||||
9 | all prior names during the 3-year period) until name changed on | ||||||
10 | (list date of each such name change)" and (ii) the petition | ||||||
11 | must be accompanied by the candidate's affidavit stating the | ||||||
12 | candidate's previous names during the period specified in | ||||||
13 | clause (i) and the date or dates each of those names was | ||||||
14 | changed; failure to meet these requirements shall be grounds | ||||||
15 | for denying certification of the candidate's name for the | ||||||
16 | ballot, but these requirements do not apply to name changes | ||||||
17 | resulting from adoption to assume an adoptive parent's or | ||||||
18 | parents' surname, marriage to assume a spouse's surname, or | ||||||
19 | dissolution of marriage or declaration of invalidity of | ||||||
20 | marriage to assume a former surname. No other designation, such | ||||||
21 | as a political slogan, as defined by Section 7-17 of the | ||||||
22 | Election Code, title or degree, or nickname suggesting or | ||||||
23 | implying possession of a title, degree or professional status, | ||||||
24 | or similar information may be used in connection with the | ||||||
25 | candidate's surname. | ||||||
26 | All petitions for the nomination of members of a board of |
| |||||||
| |||||||
1 | education shall be filed with the board of election | ||||||
2 | commissioners of the jurisdiction in which the principal office | ||||||
3 | of the school district is located within the time provided for | ||||||
4 | by the general election law. The board of election | ||||||
5 | commissioners shall receive and file only those petitions that | ||||||
6 | include a statement of candidacy, the required number of voter | ||||||
7 | signatures, the notarized signature of the petition | ||||||
8 | circulator, and a receipt from the County Clerk showing that | ||||||
9 | the candidate has filed a statement of economic interest on or | ||||||
10 | before the last day to file as required by the Illinois | ||||||
11 | Governmental Ethics Act. The board of election commissioners | ||||||
12 | may have petition forms available for issuance to potential | ||||||
13 | candidates and may give notice of the petition filing period by | ||||||
14 | publication in a newspaper of general circulation within the | ||||||
15 | school district not less than 10 days prior to the first day of | ||||||
16 | filing. The board of election commissioners shall make | ||||||
17 | certification to the proper election authorities in accordance | ||||||
18 | with the general election law. | ||||||
19 | The board of election commissioners of the jurisdiction in | ||||||
20 | which the principal office of the school district is located | ||||||
21 | shall notify the candidates for whom a petition for nomination | ||||||
22 | is filed or the appropriate committee of the obligations under | ||||||
23 | the Campaign Financing Act as provided in the general election | ||||||
24 | law. Such notice shall be given on a form prescribed by the | ||||||
25 | State Board of Elections and in accordance with the | ||||||
26 | requirements of the general election law. The board of election |
| |||||||
| |||||||
1 | commissioners shall within 7 days of filing or on the last day | ||||||
2 | for filing, whichever is earlier, acknowledge to the petitioner | ||||||
3 | in writing the office's acceptance of the petition. | ||||||
4 | A candidate for membership on the board of education who | ||||||
5 | has petitioned for nomination to fill a full term and to fill a | ||||||
6 | vacant term to be voted upon at the same election must withdraw | ||||||
7 | his or her petition for nomination from either the full term or | ||||||
8 | the vacant term by written declaration. | ||||||
9 | Nomination petitions are not valid unless the candidate | ||||||
10 | named therein files with the board of election commissioners a | ||||||
11 | receipt from the county clerk showing that the candidate has | ||||||
12 | filed a statement of economic interests as required by the | ||||||
13 | Illinois Governmental Ethics Act. Such receipt shall be so | ||||||
14 | filed either previously during the calendar year in which his | ||||||
15 | or her nomination papers were filed or within the period for | ||||||
16 | the filing of nomination papers in accordance with the general | ||||||
17 | election law.
| ||||||
18 | (105 ILCS 5/34-4.2 new) | ||||||
19 | Sec. 34-4.2. Ballots. The board of election commissioners | ||||||
20 | of the jurisdiction in which the principal office of the school | ||||||
21 | district is located shall conduct a lottery to determine the | ||||||
22 | ballot order of candidates for full terms in the event of any | ||||||
23 | simultaneous petition filings. Such candidate lottery shall be | ||||||
24 | conducted as follows: | ||||||
25 | All petitions filed by persons waiting in line as of 8:00 |
| |||||||
| |||||||
1 | a.m. on the first day for filing, or as of the normal opening | ||||||
2 | hour of the office involved on such day, shall be deemed | ||||||
3 | simultaneously filed as of 8:00 a.m. or the normal opening | ||||||
4 | hour, as the case may be. Petitions filed by mail and received | ||||||
5 | after midnight of the first day for filing and in the first | ||||||
6 | mail delivery or pickup of that day shall be deemed | ||||||
7 | simultaneously filed as of 8:00 a.m. of that day or as of the | ||||||
8 | normal opening hour of such day, as the case may be. All | ||||||
9 | petitions received thereafter shall be deemed filed in the | ||||||
10 | order of actual receipt. However, 2 or more petitions filed | ||||||
11 | within the last hour of the filing deadline shall be deemed | ||||||
12 | filed simultaneously. | ||||||
13 | Where 2 or more petitions are received simultaneously for | ||||||
14 | the same office as of 8:00 a.m. on the first day for petition | ||||||
15 | filing or as of the normal opening hour of the office of the | ||||||
16 | board of election commissioners with whom such petitions are | ||||||
17 | filed, the board of election commissioners shall break ties and | ||||||
18 | determine the order of filing by means of a lottery or other | ||||||
19 | fair and impartial method of random selection. Such lottery | ||||||
20 | shall be conducted within 9 days following the last day for | ||||||
21 | petition filing and shall be open to the public. Seven days | ||||||
22 | written notice of the time and place of conducting such random | ||||||
23 | selection shall be given by the board of election commissioners | ||||||
24 | to all candidates who filed their petitions simultaneously and | ||||||
25 | to each organization of citizens within the election | ||||||
26 | jurisdiction that was entitled, under the general election law, |
| |||||||
| |||||||
1 | at the next preceding election, to have poll watchers present | ||||||
2 | on the day of election. The board of election commissioners | ||||||
3 | shall post in a conspicuous, open, and public place, at the | ||||||
4 | entrance of his or her office, notice of the time and place of | ||||||
5 | such lottery. | ||||||
6 | All candidates shall be certified in the order in which | ||||||
7 | their petitions have been filed and in the manner prescribed by | ||||||
8 | Section 10-15 of the Election Code. Where candidates have filed | ||||||
9 | simultaneously, they shall be certified in the order prescribed | ||||||
10 | by this Section and prior to candidates who filed for the same | ||||||
11 | office at a later time. | ||||||
12 | Where elections are conducted for unexpired terms, a second | ||||||
13 | lottery to determine ballot order shall be conducted for | ||||||
14 | candidates who simultaneously file petitions for such | ||||||
15 | unexpired terms. Such lottery shall be conducted in the same | ||||||
16 | manner as prescribed by this Section for full term candidates. | ||||||
17 | Ballots for the election of school officers shall be in the | ||||||
18 | following form:
| ||||||
19 | (BALLOT FORMAT | ||||||
20 | Ballot position for candidates shall be determined by the | ||||||
21 | order of petition filing or lottery held pursuant to this | ||||||
22 | Section. | ||||||
23 | The school district is divided into 14 electoral districts, | ||||||
24 | each of which elects one member to the board of education and | ||||||
25 | votes on one member to serve at-large.) |
| |||||||
| |||||||
1 | OFFICIAL BALLOT | ||||||
2 | DISTRICT ....... (1 through 14) | ||||||
3 | FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE | ||||||
4 | A FULL 4-YEAR TERM | ||||||
5 | VOTE FOR ONE | ||||||
6 | ( ) ..................................... | ||||||
7 | ( ) ..................................... | ||||||
8 | ( ) ..................................... | ||||||
9 | OFFICIAL BALLOT | ||||||
10 | AT LARGE | ||||||
11 | FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE | ||||||
12 | A FULL 4-YEAR TERM | ||||||
13 | VOTE FOR ONE | ||||||
14 | ( ) ..................................... | ||||||
15 | ( ) ..................................... | ||||||
16 | ( ) ..................................... | ||||||
17 | REVERSE SIDE: | ||||||
18 | OFFICIAL BALLOT | ||||||
19 | DISTRICT ....... (1 through 14) | ||||||
20 | (Precinct name or number) | ||||||
21 | School District No. ......, ........... County, Illinois | ||||||
22 | Election Tuesday (insert date) | ||||||
23 | (facsimile signature of Election Authority) | ||||||
24 | (County)
| ||||||
25 | (105 ILCS 5/34-13.1)
|
| |||||||
| |||||||
1 | Sec. 34-13.1. Inspector General.
| ||||||
2 | (a) The Inspector General and his office in existence on | ||||||
3 | the effective date
of this amendatory Act of 1995 shall be | ||||||
4 | transferred to the jurisdiction of the
board upon appointment | ||||||
5 | of the Chicago School Reform Board of Trustees. The
Inspector | ||||||
6 | General shall have the authority
to conduct investigations into | ||||||
7 | allegations of or incidents of waste, fraud, and
financial | ||||||
8 | mismanagement in public education within the jurisdiction of | ||||||
9 | the
board by a local school council
member or an
employee, | ||||||
10 | contractor, or member of the board or involving
school projects
| ||||||
11 | managed or handled by the Public Building Commission. The | ||||||
12 | Inspector General
shall make recommendations to the board about | ||||||
13 | the
investigations.
The Inspector General in office on the | ||||||
14 | effective date of this amendatory Act
of 1996 shall serve for a | ||||||
15 | term expiring on June 30, 1998. His or her
successors in office | ||||||
16 | shall each be appointed by the Mayor, without the consent
or | ||||||
17 | approval of the City Council, for 4 year terms expiring on June | ||||||
18 | 30th of an
even numbered year ; however, beginning on May 9, | ||||||
19 | 2023, successors shall be appointed by the board instead of the | ||||||
20 | Mayor .
If the Inspector General leaves office or if a vacancy | ||||||
21 | in that office otherwise occurs, the
Mayor shall appoint, | ||||||
22 | without the consent or
approval of the City Council, a | ||||||
23 | successor to serve under this Section for the
remainder of the | ||||||
24 | unexpired term ; however, beginning on May 9, 2023, successors | ||||||
25 | shall be appointed by the board instead of the Mayor . The
| ||||||
26 | Inspector General shall be independent of the operations of the |
| |||||||
| |||||||
1 | board and
the School Finance Authority, and shall perform other | ||||||
2 | duties requested by the
board.
| ||||||
3 | (b) The Inspector General shall have access to all
| ||||||
4 | information and personnel necessary to perform the duties of | ||||||
5 | the
office. If the Inspector General determines that a possible
| ||||||
6 | criminal act has been committed or that special expertise is
| ||||||
7 | required in the investigation, he or she shall immediately | ||||||
8 | notify
the Chicago Police Department and the Cook County | ||||||
9 | State's
Attorney. All investigations conducted by the | ||||||
10 | Inspector General
shall be conducted in a manner that ensures | ||||||
11 | the preservation of
evidence for use in criminal prosecutions.
| ||||||
12 | (c) At all times the Inspector General shall be granted
| ||||||
13 | access to any building or facility that is owned, operated, or
| ||||||
14 | leased by the board, the Public Building Commission, or the
| ||||||
15 | city in trust
and for the use and benefit of the schools of the | ||||||
16 | district.
| ||||||
17 | (d) The Inspector General shall have the power to subpoena
| ||||||
18 | witnesses and compel the production of books and papers | ||||||
19 | pertinent
to an investigation authorized by this Code. Any | ||||||
20 | person who (1)
fails to appear in response to a subpoena; (2) | ||||||
21 | fails to answer
any question; (3) fails to produce any books or | ||||||
22 | papers pertinent
to an investigation under this Code; or (4) | ||||||
23 | knowingly gives
false testimony during an investigation under | ||||||
24 | this Code, is
guilty of a Class A misdemeanor.
| ||||||
25 | (e) The Inspector General shall provide to the board and
| ||||||
26 | the Illinois General Assembly a summary of reports and
|
| |||||||
| |||||||
1 | investigations made under this Section for the previous fiscal
| ||||||
2 | year no later than January 1 of each year, except that the | ||||||
3 | Inspector General
shall provide the summary of reports and | ||||||
4 | investigations made under this Section
for the period | ||||||
5 | commencing July 1, 1998 and ending April 30, 1999 no later than
| ||||||
6 | May 1, 1999. The summaries shall detail the final disposition | ||||||
7 | of those
recommendations. The summaries shall not contain any | ||||||
8 | confidential or
identifying information concerning the | ||||||
9 | subjects of the reports and
investigations. The summaries shall | ||||||
10 | also include detailed recommended
administrative actions and | ||||||
11 | matters for consideration by the General Assembly.
| ||||||
12 | (f) (Blank).
| ||||||
13 | (g) (Blank).
| ||||||
14 | (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)
| ||||||
15 | (105 ILCS 5/34-21.9 new) | ||||||
16 | Sec. 34-21.9. Creation of electoral districts; | ||||||
17 | reapportionment of districts. | ||||||
18 | (a) The Chicago School Board Independent Redistricting | ||||||
19 | Commission shall adopt, by majority vote, and file with the | ||||||
20 | City Clerk a redistricting plan for electoral districts | ||||||
21 | pursuant to this Section. Each electoral district must be | ||||||
22 | compact, contiguous, and substantially equal in population, | ||||||
23 | represent the racial, ethnic, and geographic diversity of the | ||||||
24 | City of Chicago, and comply with the provisions of federal law | ||||||
25 | and the Illinois Voting Rights Act. |
| |||||||
| |||||||
1 | (b) By September 1, 2021 and every 10 years thereafter, the | ||||||
2 | board of election commissioners of the jurisdiction in which | ||||||
3 | the principal office of the school district is located shall | ||||||
4 | randomly select from applications submitted to the board of | ||||||
5 | election commissioners 11 members of the Chicago School Board | ||||||
6 | Independent Redistricting Commission. The 11 members shall | ||||||
7 | include at least 6 members who, at the time of appointment, | ||||||
8 | have children in the school district. Members must live in the | ||||||
9 | City of Chicago. The membership shall reflect the geographic, | ||||||
10 | racial, and ethnic diversity of the City of Chicago. No member | ||||||
11 | of the Commission may be an employee of the City of Chicago, | ||||||
12 | the school district, a union representing school district | ||||||
13 | employees, or a charter school or charter school network or be | ||||||
14 | a spouse of an employee nor may a member be a lobbyist | ||||||
15 | registered with the City of Chicago or be a spouse of a | ||||||
16 | registered lobbyist. The members shall serve for a 10-year term | ||||||
17 | beginning September 1. The Board of Elections shall randomly | ||||||
18 | select any replacement members consistent with this Section. | ||||||
19 | Members of the Chicago School Board Independent Redistricting | ||||||
20 | Commission shall serve without compensation but may be | ||||||
21 | reimbursed for necessary travel expenses. | ||||||
22 | (c) The Chicago School Board Independent Redistricting | ||||||
23 | Commission shall adopt rules governing its procedure, public | ||||||
24 | hearings, and the implementation of matters under this Section. | ||||||
25 | The Commission shall hold public hearings throughout the City | ||||||
26 | of Chicago both before and after releasing the initial proposed |
| |||||||
| |||||||
1 | redistricting plan. The Commission may not adopt a final | ||||||
2 | redistricting plan unless the plan to be adopted without | ||||||
3 | further amendment and a report explaining the plan's compliance | ||||||
4 | with the Illinois Constitution have been made public at least 7 | ||||||
5 | days before the final vote on such plan. | ||||||
6 | (d) For purposes of elections conducted pursuant to | ||||||
7 | subsection (b-5) of Section 34-3 of this Code, the City of | ||||||
8 | Chicago shall be subdivided into 14 electoral districts by the | ||||||
9 | Chicago School Board Independent Redistricting Commission for | ||||||
10 | seats on the Chicago Board of Education. The electoral | ||||||
11 | districts must be drawn on or before May 31, 2022. | ||||||
12 | (e) In the year following each decennial census, the | ||||||
13 | Chicago School Board Independent Redistricting Commission | ||||||
14 | shall redistrict the electoral districts to reflect the results | ||||||
15 | of the decennial census consistent with the requirements in | ||||||
16 | subsection (d) of this Section. The reapportionment plan shall | ||||||
17 | be completed and formally approved by the Commission not less | ||||||
18 | than 90 days before the last date established by law for the | ||||||
19 | filing of nominating petitions for the second board election | ||||||
20 | after the decennial census year. If by reapportionment a board | ||||||
21 | member no longer resides within the electoral district from | ||||||
22 | which the member was elected, the member shall continue to | ||||||
23 | serve in office until the expiration of the member's regular | ||||||
24 | term. All new members shall be elected from the electoral | ||||||
25 | districts as reapportioned.
|
| |||||||
| |||||||
1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
|