Bill Text: IL SB1573 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Chicago School District Article of the School Code. Makes a technical change in a Section concerning the application of the Article and definitions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB1573 Detail]
Download: Illinois-2013-SB1573-Amended.html
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1 | AMENDMENT TO SENATE BILL 1573
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2 | AMENDMENT NO. ______. Amend Senate Bill 1573 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing Sections | ||||||
5 | 34-3, 34-4, and 34-13.1 as follows:
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6 | (105 ILCS 5/34-3) (from Ch. 122, par. 34-3)
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7 | Sec. 34-3. Chicago School Reform Board of Trustees; new | ||||||
8 | Chicago Board of
Education; members; term; vacancies.
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9 | (a) Within 30 days after the effective date of this | ||||||
10 | amendatory Act of
1995, the terms of all members of the Chicago | ||||||
11 | Board of Education
holding office on that date are abolished | ||||||
12 | and the Mayor shall appoint,
without the consent or approval of | ||||||
13 | the City Council, a 5 member
Chicago School Reform Board of | ||||||
14 | Trustees which shall take office upon the
appointment of the | ||||||
15 | fifth member. The Chicago School
Reform Board of Trustees and | ||||||
16 | its members
shall serve until, and the terms of all members of |
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1 | the Chicago School
Reform Board of Trustees shall expire on, | ||||||
2 | June 30, 1999 or upon the
appointment of a new Chicago Board of | ||||||
3 | Education as provided
in subsection (b), whichever is later. | ||||||
4 | Any vacancy in the membership of
the Trustees shall be filled | ||||||
5 | through appointment by the Mayor,
without the consent or | ||||||
6 | approval of the City Council, for the unexpired term.
One of | ||||||
7 | the members appointed by the Mayor to the Trustees shall
be | ||||||
8 | designated by the Mayor to serve as President of the Trustees. | ||||||
9 | The
Mayor shall appoint a full-time, compensated
chief | ||||||
10 | executive officer, and his or her compensation as such chief | ||||||
11 | executive
officer shall be determined by the Mayor. The Mayor, | ||||||
12 | at his or her discretion,
may appoint the President to serve | ||||||
13 | simultaneously as the chief executive
officer.
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14 | (b) This subsection (b) applies until April 21, 2015. | ||||||
15 | Within 30 days before the expiration of the terms of the | ||||||
16 | members of
the Chicago Reform Board of Trustees as provided in | ||||||
17 | subsection (a), a new
Chicago Board of Education consisting of | ||||||
18 | 7 members shall be appointed by the
Mayor to take office on the | ||||||
19 | later of July 1, 1999 or the appointment of the
seventh member. | ||||||
20 | Three of the members initially so appointed under this
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21 | subsection shall serve for terms ending June 30, 2002, 4 of the | ||||||
22 | members
initially so appointed under this subsection shall | ||||||
23 | serve for terms ending
June 30, 2003, and each member initially | ||||||
24 | so appointed shall continue to hold
office until his or her | ||||||
25 | successor is appointed and qualified. Thereafter at
the | ||||||
26 | expiration of the term of any member a successor
shall be |
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1 | appointed by the Mayor and shall hold office for a term of 4 | ||||||
2 | years,
from July 1 of the year in which the term commences and | ||||||
3 | until a successor
is appointed and qualified. Any vacancy in | ||||||
4 | the membership of the Chicago Board
of Education shall be | ||||||
5 | filled through appointment by the Mayor for the
unexpired term. | ||||||
6 | No appointment to membership on the
Chicago Board of Education | ||||||
7 | that is made by the Mayor under
this subsection shall require | ||||||
8 | the approval of the City
Council, whether the appointment is | ||||||
9 | made for a full term or to fill a vacancy
for an unexpired term | ||||||
10 | on the Board. | ||||||
11 | (b-5) On April 21, 2015, the terms of all members of the | ||||||
12 | Chicago Board of Education appointed under subsection (b) of | ||||||
13 | this Section are abolished when the new board, consisting of 7 | ||||||
14 | members, is elected at large by the electors of the school | ||||||
15 | district as provided in this subsection (b-5) and takes office. | ||||||
16 | Beginning on April 21, 2015, the school district shall be | ||||||
17 | governed by a school board consisting of 7 members. An election | ||||||
18 | shall be held at the consolidated election in April of 2015 and | ||||||
19 | every second year thereafter. Each member shall be elected for | ||||||
20 | a term of 4 years, commencing on the second Tuesday in April of | ||||||
21 | the year in which the member is elected, and until the member's | ||||||
22 | successor is elected and has qualified, except that members of | ||||||
23 | the board elected to terms commencing on April 21, 2015 shall | ||||||
24 | organize on the date their terms commence, and on that date | ||||||
25 | shall determine by lot 4 to serve for terms of 4 years and 3 to | ||||||
26 | serve for terms of 2 years. |
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1 | On April 21, 2015 and within 28 days after each | ||||||
2 | consolidated election thereafter, the board shall organize by | ||||||
3 | electing its officers and fixing a time and place for the | ||||||
4 | regular meetings. Upon organizing itself as provided in this | ||||||
5 | subsection (b-5), the board shall enter upon the discharge of | ||||||
6 | its duties. | ||||||
7 | Nomination papers filed under this Section are not valid | ||||||
8 | unless the candidate named therein files with the secretary of | ||||||
9 | the board or with a person designated by the board to receive | ||||||
10 | nominating petitions a receipt
from the county clerk showing | ||||||
11 | that the candidate has filed a statement of
economic interests | ||||||
12 | as required by the Illinois Governmental Ethics Act. The | ||||||
13 | receipt shall be so filed either previously during the calendar | ||||||
14 | year
in which the nomination papers were filed or within the | ||||||
15 | period for the filing of nomination papers in accordance with | ||||||
16 | the general election law. | ||||||
17 | Whenever a vacancy in the board occurs, the remaining | ||||||
18 | members of the board shall notify the Mayor of that vacancy | ||||||
19 | within 5 days after its occurrence and shall proceed to fill | ||||||
20 | the vacancy until the next regular school election, at which | ||||||
21 | election a successor shall be elected to serve the
remainder of | ||||||
22 | the unexpired term. However, if the vacancy occurs with less | ||||||
23 | than 28 months remaining in the term or if the vacancy occurs | ||||||
24 | less than 88 days before the next regular school election, then | ||||||
25 | the person so appointed shall serve the remainder of the | ||||||
26 | unexpired term, and no election to fill the vacancy shall be |
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1 | held. The successor shall have the same residential and other | ||||||
2 | qualifications as his or her predecessor. Should the remaining | ||||||
3 | board members fail so to act within 45 days after the vacancy | ||||||
4 | occurs, the Mayor shall within 30 days after the
remaining | ||||||
5 | members have failed to fill the vacancy, fill the vacancy as
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6 | provided for herein. Upon the Mayor's failure to fill the
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7 | vacancy, the vacancy shall be filled at the next regular school
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8 | election. The successor shall have the same residential and | ||||||
9 | other
qualifications as his or her predecessor. | ||||||
10 | (b-10) The board shall elect annually from its
number a | ||||||
11 | president and vice-president, in such
manner and at such
time | ||||||
12 | as the board determines by its rules. The officers so elected | ||||||
13 | shall each
perform the duties imposed upon their respective | ||||||
14 | office by the rules of the
board, provided that (i) the | ||||||
15 | president shall preside at meetings of the board
and vote as | ||||||
16 | any other member but have no power of veto, and (ii) the vice
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17 | president shall perform the duties of the president if that | ||||||
18 | office is vacant or
the president is absent or unable to act.
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19 | The secretary of the Board shall be selected by the Board and | ||||||
20 | shall be an
employee of the Board rather than a member of the | ||||||
21 | Board, notwithstanding
subsection (d) of Section 34-3.3. The | ||||||
22 | duties of the secretary shall be
imposed by the rules of the | ||||||
23 | Board.
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24 | (c) The board may appoint a student to the board to serve | ||||||
25 | in an advisory capacity. The student member shall serve for a | ||||||
26 | term as determined by the board. The board may not grant the |
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1 | student member any voting privileges, but shall consider the | ||||||
2 | student member as an advisor. The student member may not | ||||||
3 | participate in or attend any executive session of the board.
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4 | (Source: P.A. 94-231, eff. 7-14-05.)
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5 | (105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
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6 | Sec. 34-4. Eligibility. To be eligible for election | ||||||
7 | appointment to the board, a
person shall be a citizen of the | ||||||
8 | United States, shall be a registered voter
as provided in the | ||||||
9 | Election Code, shall have been a resident of the city for at
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10 | least 3 years immediately
preceding his or her election | ||||||
11 | appointment , and shall not be a child sex offender
as defined | ||||||
12 | in Section 11-9.3 of the
Criminal Code of 2012. Permanent | ||||||
13 | removal from the city by any member of
the board during his | ||||||
14 | term of office constitutes a resignation therefrom and
creates | ||||||
15 | a vacancy in the board. Except for the President of the Chicago
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16 | School Reform Board of Trustees who may be paid compensation | ||||||
17 | for his or her
services as chief executive officer as | ||||||
18 | determined by the Mayor as provided in
subsection (a) of | ||||||
19 | Section 34-3, board members shall serve without any
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20 | compensation; provided, that board members shall be reimbursed | ||||||
21 | for expenses
incurred while in the performance of their duties | ||||||
22 | upon submission of proper
receipts or upon submission of a | ||||||
23 | signed voucher in the case of an expense
allowance evidencing | ||||||
24 | the amount of such reimbursement or allowance to the
president | ||||||
25 | of the board for verification and approval. The board of
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1 | education may continue to provide health care insurance | ||||||
2 | coverage, employer
pension contributions, employee pension | ||||||
3 | contributions, and life insurance
premium payments for an | ||||||
4 | employee required to resign from
an administrative, teaching, | ||||||
5 | or career service position in order to qualify
as a member of | ||||||
6 | the board of education. They shall not hold other public
office | ||||||
7 | under the Federal, State or any local government other than | ||||||
8 | that of
Director of the Regional Transportation Authority, | ||||||
9 | member of the economic
development commission of a city having | ||||||
10 | a population exceeding 500,000,
notary public or member of the | ||||||
11 | National Guard, and by accepting any such
office while members | ||||||
12 | of the board, or by not resigning any such office held
at the | ||||||
13 | time of being elected appointed to the board within 30 days | ||||||
14 | after such election
appointment , shall be deemed to have | ||||||
15 | vacated their membership in the board.
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16 | (Source: P.A. 97-1150, eff. 1-25-13.)
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17 | (105 ILCS 5/34-13.1)
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18 | Sec. 34-13.1. Inspector General.
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19 | (a) The Inspector General and his office in existence on | ||||||
20 | the effective date
of this amendatory Act of 1995 shall be | ||||||
21 | transferred to the jurisdiction of the
board upon appointment | ||||||
22 | of the Chicago School Reform Board of Trustees. The
Inspector | ||||||
23 | General shall have the authority
to conduct investigations into | ||||||
24 | allegations of or incidents of waste, fraud, and
financial | ||||||
25 | mismanagement in public education within the jurisdiction of |
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1 | the
board by a local school council
member or an
employee, | ||||||
2 | contractor, or member of the board or involving
school projects
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3 | managed or handled by the Public Building Commission. The | ||||||
4 | Inspector General
shall make recommendations to the board about | ||||||
5 | the
investigations.
The Inspector General in office on the | ||||||
6 | effective date of this amendatory Act
of 1996 shall serve for a | ||||||
7 | term expiring on June 30, 1998. His or her
successors in office | ||||||
8 | shall each be appointed by the Mayor, without the consent
or | ||||||
9 | approval of the City Council, for 4 year terms expiring on June | ||||||
10 | 30th of an
even numbered year ; however, beginning on April 21, | ||||||
11 | 2015, successors shall be appointed by the board instead of the | ||||||
12 | Mayor .
If the Inspector General leaves office or if a vacancy | ||||||
13 | in that office otherwise occurs, the
Mayor shall appoint, | ||||||
14 | without the consent or
approval of the City Council, a | ||||||
15 | successor to serve under this Section for the
remainder of the | ||||||
16 | unexpired term ; however, beginning on April 21, 2015, | ||||||
17 | successors shall be appointed by the board instead of the | ||||||
18 | Mayor . The
Inspector General shall be independent of the | ||||||
19 | operations of the board and
the School Finance Authority, and | ||||||
20 | shall perform other duties requested by the
board.
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21 | (b) The Inspector General shall have access to all
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22 | information and personnel necessary to perform the duties of | ||||||
23 | the
office. If the Inspector General determines that a possible
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24 | criminal act has been committed or that special expertise is
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25 | required in the investigation, he or she shall immediately | ||||||
26 | notify
the Chicago Police Department and the Cook County |
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1 | State's
Attorney. All investigations conducted by the | ||||||
2 | Inspector General
shall be conducted in a manner that ensures | ||||||
3 | the preservation of
evidence for use in criminal prosecutions.
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4 | (c) At all times the Inspector General shall be granted
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5 | access to any building or facility that is owned, operated, or
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6 | leased by the board, the Public Building Commission, or the
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7 | city in trust
and for the use and benefit of the schools of the | ||||||
8 | district.
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9 | (d) The Inspector General shall have the power to subpoena
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10 | witnesses and compel the production of books and papers | ||||||
11 | pertinent
to an investigation authorized by this Code. Any | ||||||
12 | person who (1)
fails to appear in response to a subpoena; (2) | ||||||
13 | fails to answer
any question; (3) fails to produce any books or | ||||||
14 | papers pertinent
to an investigation under this Code; or (4) | ||||||
15 | knowingly gives
false testimony during an investigation under | ||||||
16 | this Code, is
guilty of a Class A misdemeanor.
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17 | (e) The Inspector General shall provide to the board and
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18 | the Illinois General Assembly a summary of reports and
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19 | investigations made under this Section for the previous fiscal
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20 | year no later than January 1 of each year, except that the | ||||||
21 | Inspector General
shall provide the summary of reports and | ||||||
22 | investigations made under this Section
for the period | ||||||
23 | commencing July 1, 1998 and ending April 30, 1999 no later than
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24 | May 1, 1999. The summaries shall detail the final disposition | ||||||
25 | of those
recommendations. The summaries shall not contain any | ||||||
26 | confidential or
identifying information concerning the |
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1 | subjects of the reports and
investigations. The summaries shall | ||||||
2 | also include detailed recommended
administrative actions and | ||||||
3 | matters for consideration by the General Assembly.
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4 | (f) (Blank).
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5 | (g) (Blank).
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6 | (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)".
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