Bill Text: IL HB2399 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Election Code and the Chicago School District Article of the School Code. Provides for the election (instead of appointment) of members of the Chicago Board of Education. Provides that successor Inspectors General shall be appointed by the Board instead of the Mayor. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB2399 Detail]

Download: Illinois-2017-HB2399-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB2399 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED:
10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2
10 ILCS 5/2A-48 from Ch. 46, par. 2A-48
105 ILCS 5/34-3 from Ch. 122, par. 34-3
105 ILCS 5/34-4 from Ch. 122, par. 34-4
105 ILCS 5/34-13.1
Amends the Election Code and the Chicago School District Article of the School Code. Provides for the election (instead of appointment) of members of the Chicago Board of Education. Provides that successor Inspectors General shall be appointed by the Board instead of the Mayor. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB2399 LRB100 05506 MLM 15517 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 2A-1.2 and 2A-48 as follows:
(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
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

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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 Sanitary District of
Chicago, and elected Trustee of other Sanitary Districts;
(11) Special District elected officers, not otherwise
designated in this Section, where the statute creating or
authorizing the creation of the district requires an annual
election and permits or requires election of candidates of
political parties.
(b) At the general primary election:
(1) in each even-numbered year candidates of political
parties shall be nominated for those offices to be filled
at the general election in that year, except where pursuant
to law nomination of candidates of political parties is
made by caucus.
(2) in the appropriate even-numbered years the
political party offices of State central committeeman,
township committeeman, ward committeeman, and precinct
committeeman 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

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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.
(5) Members of the Chicago Board of Education 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 alderman or other

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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 chairman of the Chain O Lakes -

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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 and the
Chicago Board of Education;
(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

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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 aldermen
shall be elected in municipalities in which candidates for
mayor, clerk, treasurer, or alderman 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

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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. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,
eff. 8-9-96; 90-358, eff. 1-1-98.)
(10 ILCS 5/2A-48) (from Ch. 46, par. 2A-48)
Sec. 2A-48. Board of School Directors and Board of
Education - Member - Time of Election. A member of a Board of
School Directors or a member of an elected Board of Education,
as the case may be, shall be elected at each consolidated
election to succeed each incumbent member whose term ends

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before the following consolidated election. However, a member
of the Chicago Board of Education shall be elected at each
general primary election to succeed each incumbent member whose
term ends before the following general primary election.
(Source: P.A. 90-358, eff. 1-1-98.)
Section 10. The School Code is amended by changing Sections
34-3, 34-4, and 34-13.1 as follows:
(105 ILCS 5/34-3) (from Ch. 122, par. 34-3)
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

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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 (b) applies until March 20, 2018.
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

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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.
(b-5) For the purposes of this subsection (b-5):
"Parent member" means a member of the board who is the
parent or legal guardian of a child enrolled in a public school
in the region of election.
"Community member" means a member of the board who resides
in the region of election.
On March 20, 2018, the terms of all members of the Chicago
Board of Education appointed under subsection (b) of this
Section are abolished when the new board, consisting of 13
members, is elected by the electors of the school district as
provided in this subsection (b-5) and takes office.
Each member shall be elected for a term of 4 years,
commencing on the second Tuesday in April of the year in which
the member is elected, and until the member's successor is
elected and has qualified, except that members of the board
elected to terms commencing on March 20, 2018 shall organize on
the date their terms commence and on that date shall determine,
by lot, 7 members to serve for terms of 4 years and 6 members to
serve for terms of 2 years.
For purposes of elections conducted pursuant to this
subsection (b-5), the City of Chicago shall be subdivided into
the following electoral regions for seats on the Chicago Board

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of Education, each of which must be compact and contiguous and
substantially equal in population to each other:
(1) Southeast Side.
(2) Southwest Side.
(3) West/Central Region.
(4) North Region.
Each region shall be represented by 3 members, except the North
Region, which shall be represented by 4 members. Each region's
representatives shall consist of 2 parent members and one
community member, except the North Region, which shall have 2
parent members and 2 community members.
On March 20, 2018 and within 28 days after each election
thereafter, the board shall organize by electing its officers
and fixing a time and place for the regular meetings. At least
50% of the board's regular meetings shall take place after
regular business hours in order to maximize community
participation. Upon organizing itself as provided in this
subsection (b-5), the board shall enter upon the discharge of
its duties.
Nomination papers filed for board election are not valid
unless the candidate named therein files with the secretary of
the board or with a person designated by the board to receive
nominating petitions 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. The
receipt shall be so filed either previously during the calendar

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year in which the nomination papers were filed or within the
period for the filing of nomination papers in accordance with
the general election law.
Whenever a vacancy in the board occurs, the remaining
members of the board shall notify the Mayor of that vacancy
within 5 days after its occurrence and shall proceed to fill
the vacancy until the next board election, at which election a
successor shall be elected to serve the remainder of the
unexpired term. However, if the vacancy occurs with less than
28 months remaining in the term or if the vacancy occurs less
than 88 days before the next board election, then the person so
appointed shall serve the remainder of the unexpired term, and
no election to fill the vacancy shall be held. The successor
shall have the same residential and other qualifications as his
or her predecessor. Should the remaining board members fail to
act within 45 days after the vacancy occurs, the Mayor shall,
within 30 days after the remaining members have failed to fill
the vacancy, fill the vacancy as provided for in this Section.
Upon the Mayor's failure to fill the vacancy, the vacancy shall
be filled at the next board election. The successor shall have
the same residential and other qualifications as his or her
predecessor.
(b-10) 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

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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.)
(105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
Sec. 34-4. Eligibility.
(a) To be eligible for election appointment to the board, a
person shall be at least 18 years of age and either (i) a
parent or legal guardian of a child currently enrolled in a
public school in the region of election the person seeks to
represent or (ii) a resident of the region of election that the
person seeks to represent. A person is ineligible to run for

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office if that person is an employee of the district or a child
sex offender as defined in Section 11-9.3 of the Criminal Code
of 2012. All persons eligible for election to the board shall
obtain no less than 250 signatures on a petition in order to be
placed on the ballot 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 or her term of office constitutes a
resignation therefrom and creates a vacancy in the board. Board
members shall receive compensation of $50,000 per year, health
care insurance coverage, a pension, and life insurance. 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. Board members The board of education may continue to
provide health care insurance coverage, employer pension

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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 elected
appointed to the board within 30 days after such election
appointment, shall be deemed to have vacated their membership
in the board.
(Source: P.A. 97-1150, eff. 1-25-13.)
(105 ILCS 5/34-13.1)
Sec. 34-13.1. Inspector General.
(a) The Inspector General and his office in existence on
the effective date of this amendatory Act of 1995 shall be
transferred to the jurisdiction of the board upon appointment
of the Chicago School Reform Board of Trustees. The Inspector
General shall have the authority to conduct investigations into
allegations of or incidents of waste, fraud, and financial
mismanagement in public education within the jurisdiction of
the board by a local school council member or an employee,

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contractor, or member of the board or involving school projects
managed or handled by the Public Building Commission. The
Inspector General shall make recommendations to the board about
the investigations. The Inspector General in office on the
effective date of this amendatory Act of 1996 shall serve for a
term expiring on June 30, 1998. His or her successors in office
shall each be appointed by the Mayor, without the consent or
approval of the City Council, for 4 year terms expiring on June
30th of an even numbered year; however, beginning on March 20,
2018, successors shall be appointed by the board instead of the
Mayor. If the Inspector General leaves office or if a vacancy
in that office otherwise occurs, the Mayor shall appoint,
without the consent or approval of the City Council, a
successor to serve under this Section for the remainder of the
unexpired term; however, beginning on March 20, 2018,
successors shall be appointed by the board instead of the
Mayor. The Inspector General shall be independent of the
operations of the board and the School Finance Authority, and
shall perform other duties requested by the board.
(b) The Inspector General shall have access to all
information and personnel necessary to perform the duties of
the office. If the Inspector General determines that a possible
criminal act has been committed or that special expertise is
required in the investigation, he or she shall immediately
notify the Chicago Police Department and the Cook County
State's Attorney. All investigations conducted by the

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Inspector General shall be conducted in a manner that ensures
the preservation of evidence for use in criminal prosecutions.
(c) At all times the Inspector General shall be granted
access to any building or facility that is owned, operated, or
leased by the board, the Public Building Commission, or the
city in trust and for the use and benefit of the schools of the
district.
(d) The Inspector General shall have the power to subpoena
witnesses and compel the production of books and papers
pertinent to an investigation authorized by this Code. Any
person who (1) fails to appear in response to a subpoena; (2)
fails to answer any question; (3) fails to produce any books or
papers pertinent to an investigation under this Code; or (4)
knowingly gives false testimony during an investigation under
this Code, is guilty of a Class A misdemeanor.
(e) The Inspector General shall provide to the board and
the Illinois General Assembly a summary of reports and
investigations made under this Section for the previous fiscal
year no later than January 1 of each year, except that the
Inspector General shall provide the summary of reports and
investigations made under this Section for the period
commencing July 1, 1998 and ending April 30, 1999 no later than
May 1, 1999. The summaries shall detail the final disposition
of those recommendations. The summaries shall not contain any
confidential or identifying information concerning the
subjects of the reports and investigations. The summaries shall

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also include detailed recommended administrative actions and
matters for consideration by the General Assembly.
(f) (Blank).
(g) (Blank).
(Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.