Bill Text: IL SB1758 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Election Code and the School Code. Provides for 5 new members of the State Board of Education to be elected at the general election in 2024 and every 4 years thereafter (now, the Board consists of 8 members appointed by the Governor with the advice and consent of the Senate). Provides that one member shall be elected from each judicial district. Provides that the 5 members shall be elected on a nonpartisan basis. Provides that a petition for nomination of a candidate for member of the Board shall be signed by at least 0.5% of the total number of registered voters in the judicial district. Provides that beginning on the date when the 5 members initially elected take office, a majority of the Board shall constitute a quorum. Makes related changes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2025-01-07 - Session Sine Die [SB1758 Detail]

Download: Illinois-2023-SB1758-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1758 Introduced 2/9/2023, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED:
10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2
10 ILCS 5/2A-56 new
10 ILCS 5/10-6 from Ch. 46, par. 10-6
10 ILCS 5/10-9 from Ch. 46, par. 10-9
10 ILCS 5/22-1 from Ch. 46, par. 22-1
10 ILCS 5/22-7 from Ch. 46, par. 22-7
105 ILCS 5/1A-1 from Ch. 122, par. 1A-1
105 ILCS 5/1A-2 from Ch. 122, par. 1A-2
105 ILCS 5/1A-2.1 from Ch. 122, par. 1A-2.1
105 ILCS 5/1A-4 from Ch. 122, par. 1A-4
Amends the Election Code and the School Code. Provides for 5 new members of the State Board of Education to be elected at the general election in 2024 and every 4 years thereafter (now, the Board consists of 8 members appointed by the Governor with the advice and consent of the Senate). Provides that one member shall be elected from each judicial district. Provides that the 5 members shall be elected on a nonpartisan basis. Provides that a petition for nomination of a candidate for member of the Board shall be signed by at least 0.5% of the total number of registered voters in the judicial district. Provides that beginning on the date when the 5 members initially elected take office, a majority of the Board shall constitute a quorum. Makes related changes.
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A BILL FOR
SB1758 LRB103 30565 BMS 56999 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, 10-6, 10-9, 22-1, and 22-7 and by adding
Section 2A-56 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.

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(7) Regional Superintendent of Schools, except in
counties or educational service regions in which that
office has been abolished.
(8) Judges of the Supreme, Appellate and Circuit
Courts, on the question of retention, to fill vacancies
and newly created judicial offices.
(9) (Blank).
(10) Trustee of the Metropolitan Water Reclamation
District of Greater Chicago, and elected Trustee of other
Sanitary Districts.
(11) Special District elected officers, not otherwise
designated in this Section, where the statute creating or
authorizing the creation of the district requires an
annual election and permits or requires election of
candidates of political parties.
(12) Beginning with the 2024 general election, the
elected members of the Chicago Board of Education; the
election of members of the Chicago Board of Education
shall be a nonpartisan election as provided for under this
Code and may be conducted on a separate ballot.
(13) Beginning on November 5, 2024, 5 members of the
State Board of Education.
(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

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pursuant to law nomination of candidates of political
parties is made by caucus.
(2) in the appropriate even-numbered years the
political party offices of State central committeeperson,
township committeeperson, ward committeeperson, and
precinct committeeperson shall be filled and delegates and
alternate delegates to the National nominating conventions
shall be elected as may be required pursuant to this Code.
In the even-numbered years in which a Presidential
election is to be held, candidates in the Presidential
preference primary shall also be on the ballot.
(3) in each even-numbered year, where the municipality
has provided for annual elections to elect municipal
officers pursuant to Section 6(f) or Section 7 of Article
VII of the Constitution, pursuant to the Illinois
Municipal Code or pursuant to the municipal charter, the
offices of such municipal officers shall be filled at an
election held on the date of the general primary election,
provided that the municipal election shall be a
nonpartisan election where required by the Illinois
Municipal Code. For partisan municipal elections in
even-numbered years, a primary to nominate candidates for
municipal office to be elected at the general primary
election shall be held on the Tuesday 6 weeks preceding
that election.
(4) in each school district which has adopted the

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provisions of Article 33 of the School Code, successors to
the members of the board of education whose terms expire
in the year in which the general primary is held shall be
elected.
(c) At the consolidated election in the appropriate
odd-numbered years, the following offices shall be filled:
(1) Municipal officers, provided that in
municipalities in which candidates for alderperson or
other municipal office are not permitted by law to be
candidates of political parties, the runoff election where
required by law, or the nonpartisan election where
required by law, shall be held on the date of the
consolidated election; and provided further, in the case
of municipal officers provided for by an ordinance
providing the form of government of the municipality
pursuant to Section 7 of Article VII of the Constitution,
such offices shall be filled by election or by runoff
election as may be provided by such ordinance;
(2) Village and incorporated town library directors;
(3) City boards of stadium commissioners;
(4) Commissioners of park districts;
(5) Trustees of public library districts;
(6) Special District elected officers, not otherwise
designated in this Section, where the statute creating or
authorizing the creation of the district permits or
requires election of candidates of political parties;

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(7) Township officers, including township park
commissioners, township library directors, and boards of
managers of community buildings, and Multi-Township
Assessors;
(8) Highway commissioners and road district clerks;
(9) Members of school boards in school districts which
adopt Article 33 of the School Code;
(10) The directors and chair of the Chain O Lakes - Fox
River Waterway Management Agency;
(11) Forest preserve district commissioners elected
under Section 3.5 of the Downstate Forest Preserve
District Act;
(12) Elected members of school boards, school
trustees, directors of boards of school directors,
trustees of county boards of school trustees (except in
counties or educational service regions having a
population of 2,000,000 or more inhabitants) and members
of boards of school inspectors, except school boards in
school districts that adopt Article 33 of the School Code;
(13) Members of Community College district boards;
(14) Trustees of Fire Protection Districts;
(15) Commissioners of the Springfield Metropolitan
Exposition and Auditorium Authority;
(16) Elected Trustees of Tuberculosis Sanitarium
Districts;
(17) Elected Officers of special districts not

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otherwise designated in this Section for which the law
governing those districts does not permit candidates of
political parties.
(d) At the consolidated primary election in each
odd-numbered year, candidates of political parties shall be
nominated for those offices to be filled at the consolidated
election in that year, except where pursuant to law nomination
of candidates of political parties is made by caucus, and
except those offices listed in paragraphs (12) through (17) of
subsection (c).
At the consolidated primary election in the appropriate
odd-numbered years, the mayor, clerk, treasurer, and
alderpersons shall be elected in municipalities in which
candidates for mayor, clerk, treasurer, or alderperson are not
permitted by law to be candidates of political parties,
subject to runoff elections to be held at the consolidated
election as may be required by law, and municipal officers
shall be nominated in a nonpartisan election in municipalities
in which pursuant to law candidates for such office are not
permitted to be candidates of political parties.
At the consolidated primary election in the appropriate
odd-numbered years, municipal officers shall be nominated or
elected, or elected subject to a runoff, as may be provided by
an ordinance providing a form of government of the
municipality pursuant to Section 7 of Article VII of the
Constitution.

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(e) (Blank).
(f) At any election established in Section 2A-1.1, public
questions may be submitted to voters pursuant to this Code and
any special election otherwise required or authorized by law
or by court order may be conducted pursuant to this Code.
Notwithstanding the regular dates for election of officers
established in this Article, whenever a referendum is held for
the establishment of a political subdivision whose officers
are to be elected, the initial officers shall be elected at the
election at which such referendum is held if otherwise so
provided by law. In such cases, the election of the initial
officers shall be subject to the referendum.
Notwithstanding the regular dates for election of
officials established in this Article, any community college
district which becomes effective by operation of law pursuant
to Section 6-6.1 of the Public Community College Act, as now or
hereafter amended, shall elect the initial district board
members at the next regularly scheduled election following the
effective date of the new district.
(g) At any election established in Section 2A-1.1, if in
any precinct there are no offices or public questions required
to be on the ballot under this Code then no election shall be
held in the precinct on that date.
(h) There may be conducted a referendum in accordance with
the provisions of Division 6-4 of the Counties Code.
(Source: P.A. 102-15, eff. 6-17-21; 102-177, eff. 6-1-22;

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102-558, eff. 8-20-21; 102-691, eff. 12-17-21.)
(10 ILCS 5/2A-56 new)
Sec. 2A-56. State Board of Education; time of election.
Five members of the State Board of Education shall be elected
at the general election in 2024 and at the general election
every 4 years thereafter.
(10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
Sec. 10-6. Time and manner of filing. Except as otherwise
provided in this Code, certificates of nomination and
nomination papers for the nomination of candidates for offices
to be filled by electors of the entire State, or any district
not entirely within a county, or for congressional, state
legislative, or judicial offices, or elected members of the
State Board of Education, shall be presented to the principal
office of the State Board of Elections not more than 141 nor
less than 134 days previous to the day of election for which
the candidates are nominated. The State Board of Elections
shall endorse the certificates of nomination or nomination
papers, as the case may be, and the date and hour of
presentment to it. Except as otherwise provided in this Code,
all other certificates for the nomination of candidates shall
be filed with the county clerk of the respective counties not
more than 141 but at least 134 days previous to the day of such
election. Certificates of nomination and nomination papers for

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the nomination of candidates for school district offices to be
filled at consolidated elections shall be filed with the
county clerk or county board of election commissioners of the
county in which the principal office of the school district is
located not more than 113 nor less than 106 days before the
consolidated election. Except as otherwise provided in this
Code, certificates of nomination and nomination papers for the
nomination of candidates for the other offices of political
subdivisions to be filled at regular elections other than the
general election shall be filed with the local election
official of such subdivision:
(1) (Blank);
(2) not more than 113 nor less than 106 days prior to
the consolidated election; or
(3) not more than 113 nor less than 106 days prior to
the general primary in the case of municipal offices to be
filled at the general primary election; or
(4) not more than 99 nor less than 92 days before the
consolidated primary in the case of municipal offices to
be elected on a nonpartisan basis pursuant to law
(including without limitation, those municipal offices
subject to Articles 4 and 5 of the Municipal Code); or
(5) not more than 113 nor less than 106 days before the
municipal primary in even numbered years for such
nonpartisan municipal offices where annual elections are
provided; or

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(6) in the case of petitions for the office of
multi-township assessor, such petitions shall be filed
with the election authority not more than 113 nor less
than 106 days before the consolidated election.
However, where a political subdivision's boundaries are
co-extensive with or are entirely within the jurisdiction of a
municipal board of election commissioners, the certificates of
nomination and nomination papers for candidates for such
political subdivision offices shall be filed in the office of
such Board.
(Source: P.A. 102-15, eff. 6-17-21.)
(10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
Sec. 10-9. The following electoral boards are designated
for the purpose of hearing and passing upon the objector's
petition described in Section 10-8.
1. The State Board of Elections will hear and pass
upon objections to the nominations of candidates for State
offices, nominations of candidates for the elected members
of the State Board of Education, nominations of candidates
for congressional or legislative offices that are in more
than one county or are wholly located within a single
county with a population of less than 3,000,000 and
judicial offices of districts, subcircuits, or circuits
situated in more than one county, nominations of
candidates for the offices of State's attorney or regional

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superintendent of schools to be elected from more than one
county, and petitions for proposed amendments to the
Constitution of the State of Illinois as provided for in
Section 3 of Article XIV of the Constitution.
2. The county officers electoral board of a county
with a population of less than 3,000,000 to hear and pass
upon objections to the nominations of candidates for
county offices and judicial offices of a district,
subcircuit, or circuit coterminous with or less than a
county, for any school district offices, for the office of
multi-township assessor where candidates for such office
are nominated in accordance with this Code, and for all
special district offices, shall be composed of the county
clerk, or an assistant designated by the county clerk, the
State's attorney of the county or an Assistant State's
Attorney designated by the State's Attorney, and the clerk
of the circuit court, or an assistant designated by the
clerk of the circuit court, of the county, of whom the
county clerk or his designee shall be the chair, except
that in any county which has established a county board of
election commissioners that board shall constitute the
county officers electoral board ex-officio. If a school
district is located in 2 or more counties, the county
officers electoral board of the county in which the
principal office of the school district is located shall
hear and pass upon objections to nominations of candidates

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for school district office in that school district.
2.5. The county officers electoral board of a county
with a population of 3,000,000 or more to hear and pass
upon objections to the nominations of candidates for
county offices, candidates for congressional and
legislative offices if the district is wholly within a
county with a population of 3,000,000 or more, unless the
district is wholly or partially within the jurisdiction of
a municipal board of election commissioners, and judicial
offices of a district, subcircuit, or circuit coterminous
with or less than a county, for any school district
offices, for the office of multi-township assessor where
candidates for such office are nominated in accordance
with this Code, and for all special district offices,
shall be composed of the county clerk, or an assistant
designated by the county clerk, the State's Attorney of
the county or an Assistant State's Attorney designated by
the State's Attorney, and the clerk of the circuit court,
or an assistant designated by the clerk of the circuit
court, of the county, of whom the county clerk or his
designee shall be the chair, except that, in any county
which has established a county board of election
commissioners, that board shall constitute the county
officers electoral board ex-officio. If a school district
is located in 2 or more counties, the county officers
electoral board of the county in which the principal

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office of the school district is located shall hear and
pass upon objections to nominations of candidates for
school district office in that school district.
3. The municipal officers electoral board to hear and
pass upon objections to the nominations of candidates for
officers of municipalities shall be composed of the mayor
or president of the board of trustees of the city, village
or incorporated town, and the city, village or
incorporated town clerk, and one member of the city
council or board of trustees, that member being designated
who is eligible to serve on the electoral board and has
served the greatest number of years as a member of the city
council or board of trustees, of whom the mayor or
president of the board of trustees shall be the chair.
4. The township officers electoral board to pass upon
objections to the nominations of township officers shall
be composed of the township supervisor, the town clerk,
and that eligible town trustee elected in the township who
has had the longest term of continuous service as town
trustee, of whom the township supervisor shall be the
chair.
5. The education officers electoral board to hear and
pass upon objections to the nominations of candidates for
offices in community college districts shall be composed
of the presiding officer of the community college district
board, who shall be the chair, the secretary of the

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community college district board and the eligible elected
community college board member who has the longest term of
continuous service as a board member.
6. In all cases, however, where the Congressional,
Legislative, or Representative district is wholly or
partially within the jurisdiction of a single municipal
board of election commissioners in Cook County and in all
cases where the school district or special district is
wholly within the jurisdiction of a municipal board of
election commissioners and in all cases where the
municipality or township is wholly or partially within the
jurisdiction of a municipal board of election
commissioners, the board of election commissioners shall
ex-officio constitute the electoral board.
For special districts situated in more than one county,
the county officers electoral board of the county in which the
principal office of the district is located has jurisdiction
to hear and pass upon objections. For purposes of this
Section, "special districts" means all political subdivisions
other than counties, municipalities, townships and school and
community college districts.
In the event that any member of the appropriate board is a
candidate for the office with relation to which the objector's
petition is filed, he shall not be eligible to serve on that
board and shall not act as a member of the board and his place
shall be filled as follows:

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a. In the county officers electoral board by the
county treasurer, and if he or she is ineligible to serve,
by the sheriff of the county.
b. In the municipal officers electoral board by the
eligible elected city council or board of trustees member
who has served the second greatest number of years as a
city council or board of trustees member.
c. In the township officers electoral board by the
eligible elected town trustee who has had the second
longest term of continuous service as a town trustee.
d. In the education officers electoral board by the
eligible elected community college district board member
who has had the second longest term of continuous service
as a board member.
In the event that the chair of the electoral board is
ineligible to act because of the fact that he or she is a
candidate for the office with relation to which the objector's
petition is filed, then the substitute chosen under the
provisions of this Section shall be the chair; In this case,
the officer or board with whom the objector's petition is
filed, shall transmit the certificate of nomination or
nomination papers as the case may be, and the objector's
petition to the substitute chair of the electoral board.
When 2 or more eligible individuals, by reason of their
terms of service on a city council or board of trustees,
township board of trustees, or community college district

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board, qualify to serve on an electoral board, the one to serve
shall be chosen by lot.
Any vacancies on an electoral board not otherwise filled
pursuant to this Section shall be filled by public members
appointed by the Chief Judge of the Circuit Court for the
county wherein the electoral board hearing is being held upon
notification to the Chief Judge of such vacancies. The Chief
Judge shall be so notified by a member of the electoral board
or the officer or board with whom the objector's petition was
filed. In the event that none of the individuals designated by
this Section to serve on the electoral board are eligible, the
chair of an electoral board shall be designated by the Chief
Judge.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/22-1) (from Ch. 46, par. 22-1)
Sec. 22-1. Abstracts of votes. Within 21 days after the
close of the election at which candidates for offices
hereinafter named in this Section are voted upon, the election
authorities of the respective counties shall open the returns
and make abstracts of the votes on a separate sheet for each of
the following:
A. For Governor and Lieutenant Governor;
B. For State officers;
C. For presidential electors;
D. For United States Senators and Representatives to

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Congress;
E. For judges of the Supreme Court;
F. For judges of the Appellate Court;
G. For judges of the circuit court;
H. For Senators and Representatives to the General
Assembly;
I. For State's Attorneys elected from 2 or more
counties;
J. For amendments to the Constitution, and for other
propositions submitted to the electors of the entire
State;
K. For county officers and for propositions submitted
to the electors of the county only;
L. For Regional Superintendent of Schools;
M. For trustees of Sanitary Districts; and
N. For Trustee of a Regional Board of School Trustees;
and .
O. For elected members of the State Board of
Education.
Each sheet shall report the returns by precinct or ward.
Multiple originals of each of the sheets shall be prepared
and one of each shall be turned over to the chair of the county
central committee of each of the then existing established
political parties, as defined in Section 10-2, or his duly
authorized representative immediately after the completion of
the entries on the sheets and before the totals have been

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compiled.
The foregoing abstracts shall be preserved by the election
authority in its office.
Whenever any county clerk is unable to canvass the vote,
the deputy county clerk or a designee of the county clerk shall
serve in his or her place.
The powers and duties of the election authority canvassing
the votes are limited to those specified in this Section.
No person who is shown by the election authority's
proclamation to have been elected at the consolidated election
or general election as a write-in candidate shall take office
unless that person has first filed with the certifying office
or board a statement of candidacy pursuant to Section 7-10 or
Section 10-5, a statement pursuant to Section 7-10.1, and a
receipt for filing a statement of economic interests in
relation to the unit of government to which he or she has been
elected. For officers elected at the consolidated election,
the certifying officer shall notify the election authority of
the receipt of those documents, and the county clerk shall
issue the certification of election under the provisions of
Section 22-18.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/22-7) (from Ch. 46, par. 22-7)
Sec. 22-7. Canvass of votes; declaration and proclamation
of result. The State Board of Elections, shall proceed within

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31 days after the election, and sooner if all the returns are
received, to canvass the votes given for United States
Senators and Representatives to Congress, State executive
officers, elected members of the State Board of Education,
judges of the Supreme Court, judges of the Appellate Court,
judges of the Circuit Court, Senators, Representatives to the
General Assembly, State's Attorneys and Regional
Superintendents of Schools elected from 2 or more counties,
respectively, and the persons having the highest number of
votes for the respective offices shall be declared duly
elected, but if it appears that more than the number of persons
to be elected have the highest and an equal number of votes for
the same office, the electoral board shall decide by lot which
of such persons shall be elected; and to each person duly
elected, the Governor shall give a certificate of election or
commission, as the case may require, and shall cause
proclamation to be made of the result of the canvass, and they
shall at the same time and in the same manner, canvass the vote
cast upon amendments to the Constitution, and upon other
propositions submitted to the electors of the entire State;
and the Governor shall cause to be made such proclamation of
the result of the canvass as the statutes elsewhere provide.
The State Board of Elections shall transmit to the State
Comptroller a list of the persons elected to the various
offices. The State Board of Elections shall also transmit to
the Supreme Court the names of persons elected to judgeships

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in adversary elections and the names of judges who fail to win
retention in office.
No person who is shown by the canvassing board's
proclamation to have been elected at the consolidated election
or general election as a write-in candidate shall take office
unless that person has first filed with the certifying office
or board a statement of candidacy pursuant to Section 7-10 or
Section 10-5, a statement pursuant to Section 7-10.1, and a
receipt for filing a statement of economic interests in
relation to the unit of government to which he or she has been
elected. For officers elected at the consolidated election,
the certifying officer shall notify the election authority of
the receipt of those documents, and the county clerk shall
issue the certification of election under the provisions of
Section 22-18.
(Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
Section 10. The School Code is amended by changing
Sections 1A-1, 1A-2, 1A-2.1, and 1A-4 as follows:
(105 ILCS 5/1A-1) (from Ch. 122, par. 1A-1)
Sec. 1A-1. Members and terms.
(a) (Blank).
(b) The State Board of Education shall consist of 5
members initially to be elected under this amendatory Act of
the 103rd General Assembly and 8 appointed members and a

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chairperson, who shall be appointed by the Governor with the
advice and consent of the Senate from a pattern of regional
representation as follows: 2 appointees shall be selected from
among those counties of the State other than Cook County and
the 5 counties contiguous to Cook County, one of whom must
represent the educator community; 2 appointees shall be
selected from Cook County, one of whom shall be a resident of
the City of Chicago and one of whom shall be a resident of that
part of Cook County which lies outside the city limits of
Chicago and of whom one must represent the educator community;
2 appointees shall be selected from among the 5 counties of the
State that are contiguous to Cook County, one of whom must
represent the educator community; and 3 members shall be
selected as members-at-large (one of which shall be the
chairperson). With respect to the educator community
appointments, no more than one member may be employed as a
district superintendent, principal, school business official,
or teacher and no more than one may be employed by the same
school district or school. The changes made to this Section by
this amendatory Act of the 100th General Assembly apply to
appointments made after the effective date of this amendatory
Act of the 100th General Assembly. The Governor who takes
office on the second Monday of January after his or her
election shall be the person who nominates members to fill
vacancies whose terms begin after that date and before the
term of the next Governor begins.

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The term of each member of the State Board of Education
whose term expires on January 12, 2005 shall instead terminate
on the effective date of this amendatory Act of the 93rd
General Assembly. Of these 3 seats, (i) the member initially
appointed pursuant to this amendatory Act of the 93rd General
Assembly whose seat was vacant on April 27, 2004 shall serve
until the second Wednesday of January, 2009 and (ii) the other
2 members initially appointed pursuant to this amendatory Act
of the 93rd General Assembly shall serve until the second
Wednesday of January, 2007.
The term of the member of the State Board of Education
whose seat was vacant on April 27, 2004 and whose term expires
on January 10, 2007 shall instead terminate on the effective
date of this amendatory Act of the 93rd General Assembly. The
member initially appointed pursuant to this amendatory Act of
the 93rd General Assembly to fill this seat shall be the
chairperson and shall serve until the second Wednesday of
January, 2007.
The term of the member of the State Board of Education
whose seat was vacant on May 28, 2004 but after April 27, 2004
and whose term expires on January 10, 2007 shall instead
terminate on the effective date of this amendatory Act of the
93rd General Assembly. The member initially appointed pursuant
to this amendatory Act of the 93rd General Assembly to fill
this seat shall serve until the second Wednesday of January,
2007.

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The term of the other member of the State Board of
Education whose term expires on January 10, 2007 shall instead
terminate on the effective date of this amendatory Act of the
93rd General Assembly. The member initially appointed pursuant
to this amendatory Act of the 93rd General Assembly to fill
this seat shall serve until the second Wednesday of January,
2007.
The term of the member of the State Board of Education
whose term expires on January 14, 2009 and who was selected
from among the 5 counties of the State that are contiguous to
Cook County and is a resident of Lake County shall instead
terminate on the effective date of this amendatory Act of the
93rd General Assembly. The member initially appointed pursuant
to this amendatory Act of the 93rd General Assembly to fill
this seat shall serve until the second Wednesday of January,
2009.
Upon expiration of the terms of the members initially
appointed under this amendatory Act of the 93rd General
Assembly and members whose terms were not terminated by this
amendatory Act of the 93rd General Assembly, their respective
successors shall be appointed for terms of 4 years, from the
second Wednesday in January of each odd numbered year and
until their respective successors are appointed and qualified.
(c) Of the 4 members, excluding the chairperson, whose
terms expire on the second Wednesday of January, 2007 and
every 4 years thereafter, one of those members must be an

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at-large member and at no time may more than 2 of those members
be from one political party. Of the 4 members whose terms
expire on the second Wednesday of January, 2009 and every 4
years thereafter, one of those members must be an at-large
member and at no time may more than 2 of those members be from
one political party. Party membership is defined as having
voted in the primary of the party in the last primary before
appointment.
(c-5) Five members of the Board shall be elected on a
nonpartisan basis at the general election in 2024 and every 4
years thereafter. One member shall be elected from each of the
judicial districts. A petition for nomination of a candidate
for member of the Board shall be signed by at least 0.5% of the
total number of registered voters in the judicial district in
which the person is a candidate for nomination. Each of these
members shall serve for a term of 4 years, from the second
Wednesday of January until after the member's election and
until the member's successor takes office.
(d) Vacancies in appointed terms shall be filled by
appointment by the Governor with the advice and consent of the
Senate for the extent of the unexpired term. If a vacancy in
membership occurs at a time when the Senate is not in session,
the Governor shall make a temporary appointment until the next
meeting of the Senate, when the Governor shall appoint a
person to fill that membership for the remainder of its term.
If the Senate is not in session when appointments for a full

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term are made, the appointments shall be made as in the case of
vacancies.
(d-5) Beginning on the date when all of the new members
initially to be elected under this amendatory Act of the 103rd
General Assembly have taken office, vacancies in elected terms
shall be filled by appointment and confirmed by the remaining
members of the State Board of Education. A person selected to
fill a vacancy left by an elected member must meet all
eligibility requirements for the position.
(Source: P.A. 100-1135, eff. 11-28-18.)
(105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)
Sec. 1A-2. Qualifications. In order to be a member The
members of the State Board of Education, a person must be a
citizen shall be citizens of the United States and a resident
residents of the State of Illinois. To be an elected member, a
person must also be a resident of the judicial district from
which the person was elected. Appointed members and shall be
selected as far as may be practicable on the basis of their
knowledge of, or interest and experience in, problems of
public education. No elected member of the State Board of
Education may be employed by a public or private school; a
college, including community or junior college; a university;
the State Board of Education; a regional office of education;
or any other educational institution. No elected member of the
State Board of Education shall be a member of a board of

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directors of a public school district or private school. No
member of the State Board of Education shall benefit from
funds provided by the State Board of Education to an
institution of higher learning, public or private, within
Illinois, nor shall members be school trustees of a public or
nonpublic college, university or technical institution within
Illinois. No member shall be appointed to more than 2 4-year
terms. No member shall be elected to more than 2 consecutive
4-year terms. Members shall be reimbursed for all ordinary and
necessary expenses incurred in performing their duties as
members of the Board. Expenses shall be approved by the Board
and be consistent with the laws, policies, and requirements of
the State of Illinois regarding such expenditures, plus any
member may include in the member's his or her claim for
expenses $50 per day for meeting days.
(Source: P.A. 100-1135, eff. 11-28-18.)
(105 ILCS 5/1A-2.1) (from Ch. 122, par. 1A-2.1)
Sec. 1A-2.1. Vacancies. The Governor may remove for
incompetence, neglect of duty, or malfeasance in office any
member of the State Board of Education. A vacancy also exists
on the State Board of Education when one or more of the
following events occur:
1. A member dies.
2. A member files a written resignation with the
Governor.

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3. A member is adjudicated to be a person under legal
disability under the Probate Act of 1975 or a person
subject to involuntary admission under the Mental Health
and Developmental Disabilities Code.
4. For appointed members, a A member ceases to be a
resident of the region from which the member he or she was
appointed.
5. A member is convicted of an infamous crime or of any
offense involving a violation of his or her duties under
this Code.
6. A member fails to maintain the qualifications
stated in Sections 1A-1 and 1A-2 of this Code.
(Source: P.A. 100-1135, eff. 11-28-18.)
(105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
Sec. 1A-4. Powers and duties of the Board.
A. (Blank).
B. The Board shall determine the qualifications of and
appoint a chief education officer, to be known as the State
Superintendent of Education, who may be proposed by the
Governor and who shall serve at the pleasure of the Board and
pursuant to a performance-based contract linked to statewide
student performance and academic improvement within Illinois
schools. Upon expiration or buyout of the contract of the
State Superintendent of Education in office on the effective
date of this amendatory Act of the 93rd General Assembly, a

SB1758 - 28 - LRB103 30565 BMS 56999 b
State Superintendent of Education shall be appointed by a
State Board of Education that includes the 7 new Board members
who were appointed to fill seats of members whose terms were
terminated on the effective date of this amendatory Act of the
93rd General Assembly. Thereafter, a State Superintendent of
Education must, at a minimum, be appointed at the beginning of
each term of a Governor after that Governor has made
appointments to the Board. A performance-based contract issued
for the employment of a State Superintendent of Education
entered into on or after the effective date of this amendatory
Act of the 93rd General Assembly must expire no later than
February 1, 2007, and subsequent contracts must expire no
later than February 1 each 4 years thereafter. No contract
shall be extended or renewed beyond February 1, 2007 and
February 1 each 4 years thereafter, but a State Superintendent
of Education shall serve until his or her successor is
appointed. Each contract entered into on or before January 8,
2007 with a State Superintendent of Education must provide
that the State Board of Education may terminate the contract
for cause, and the State Board of Education shall not
thereafter be liable for further payments under the contract.
With regard to this amendatory Act of the 93rd General
Assembly, it is the intent of the General Assembly that,
beginning with the Governor who takes office on the second
Monday of January, 2007, a State Superintendent of Education
be appointed at the beginning of each term of a Governor after

SB1758 - 29 - LRB103 30565 BMS 56999 b
that Governor has made appointments to the Board. The State
Superintendent of Education shall not serve as a member of the
State Board of Education. The Board shall set the compensation
of the State Superintendent of Education who shall serve as
the Board's chief executive officer. The Board shall also
establish the duties, powers and responsibilities of the State
Superintendent, which shall be included in the State
Superintendent's performance-based contract along with the
goals and indicators of student performance and academic
improvement used to measure the performance and effectiveness
of the State Superintendent. The State Board of Education may
delegate to the State Superintendent of Education the
authority to act on the Board's behalf, provided such
delegation is made pursuant to adopted board policy or the
powers delegated are ministerial in nature. The State Board
may not delegate authority under this Section to the State
Superintendent to (1) nonrecognize school districts, (2)
withhold State payments as a penalty, or (3) make final
decisions under the contested case provisions of the Illinois
Administrative Procedure Act unless otherwise provided by law.
C. The powers and duties of the State Board of Education
shall encompass all duties delegated to the Office of
Superintendent of Public Instruction on January 12, 1975,
except as the law providing for such powers and duties is
thereafter amended, and such other powers and duties as the
General Assembly shall designate. The Board shall be

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responsible for the educational policies and guidelines for
public schools, pre-school through grade 12 and Vocational
Education in the State of Illinois. The Board shall analyze
the present and future aims, needs, and requirements of
education in the State of Illinois and recommend to the
General Assembly the powers which should be exercised by the
Board. The Board shall recommend the passage and the
legislation necessary to determine the appropriate
relationship between the Board and local boards of education
and the various State agencies and shall recommend desirable
modifications in the laws which affect schools.
D. Two members of the Board shall be appointed by the
chairperson to serve on a standing joint Education Committee,
2 others shall be appointed from the Board of Higher
Education, 2 others shall be appointed by the chairperson of
the Illinois Community College Board, and 2 others shall be
appointed by the chairperson of the Human Resource Investment
Council. The Committee shall be responsible for making
recommendations concerning the submission of any workforce
development plan or workforce training program required by
federal law or under any block grant authority. The Committee
will be responsible for developing policy on matters of mutual
concern to elementary, secondary and higher education such as
Occupational and Career Education, Teacher Preparation and
Licensure, Educational Finance, Articulation between
Elementary, Secondary and Higher Education and Research and

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Planning. The joint Education Committee shall meet at least
quarterly and submit an annual report of its findings,
conclusions, and recommendations to the State Board of
Education, the Board of Higher Education, the Illinois
Community College Board, the Human Resource Investment
Council, the Governor, and the General Assembly. All meetings
of this Committee shall be official meetings for reimbursement
under this Act. On the effective date of this amendatory Act of
the 95th General Assembly, the Joint Education Committee is
abolished.
E. Until the 5 members initially to be elected under this
amendatory Act of the 103rd General Assembly have taken
office, 5 Five members of the Board shall constitute a quorum.
Beginning on the date when the 5 members initially to be
elected under this amendatory Act of the 103rd General
Assembly have taken office, a majority of the Board shall
constitute a quorum. Until the 5 members initially to be
elected under this amendatory Act of the 103rd General
Assembly have taken office a A majority vote of the members
appointed, confirmed and serving on the Board is required to
approve any action, except that the 7 new Board members who
were appointed to fill seats of members whose terms were
terminated on the effective date of this amendatory act of the
93rd General Assembly may vote to approve actions when
appointed and serving. Beginning on the date when the 5
members initially to be elected under this amendatory Act of

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the 103rd General Assembly have taken office, a majority vote
of the elected members and the members appointed, confirmed,
and serving on the Board is required to approve any action.
F. Upon appointment of the 7 new Board members who were
appointed to fill seats of members whose terms were terminated
on the effective date of this amendatory Act of the 93rd
General Assembly, the Board shall review all of its current
rules in an effort to streamline procedures, improve
efficiency, and eliminate unnecessary forms and paperwork.
(Source: P.A. 102-894, eff. 5-20-22.)