Bill Text: IL SB3951 | 2009-2010 | 96th General Assembly | Introduced

---

Bill Title: Amends the Chicago School District Article of the School Code. Provides for the election (instead of appointment) of members of the Chicago Board of Education, with 2 members elected from a northern regional district, 2 members elected from a southern regional district, 2 members elected from a western regional district, and one member elected at large. Provides that successor Inspectors General shall be appointed by the Board instead of the Mayor. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-11-04 - Referred to Assignments [SB3951 Detail]

Download: Illinois-2009-SB3951-Introduced.html

---

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB3951 Introduced 11/4/2010, by Sen. Rickey R. Hendon SYNOPSIS AS INTRODUCED:
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 Chicago School District Article of the School Code. Provides for the election (instead of appointment) of members of the Chicago Board of Education, with 2 members elected from a northern regional district, 2 members elected from a southern regional district, 2 members elected from a western regional district, and one member elected at large. Provides that successor Inspectors General shall be appointed by the Board instead of the Mayor. Effective immediately.
LRB096 24006 NHT 43412 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB3951 LRB096 24006 NHT 43412 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. 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
the members appointed by the Mayor to the Trustees shall be

SB3951 - 2 - LRB096 24006 NHT 43412 b
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 April 12, 2011.
Within 30 days before the expiration of the terms of the
members of the Chicago Reform Board of Trustees as provided in
subsection (a), a new Chicago Board of Education consisting of
7 members shall be appointed by the Mayor to take office on the
later of July 1, 1999 or the appointment of the seventh member.
Three of the members initially so appointed under this
subsection shall serve for terms ending June 30, 2002, 4 of the
members initially so appointed under this subsection shall
serve for terms ending June 30, 2003, and each member initially
so appointed shall continue to hold office until his or her
successor is appointed and qualified. Thereafter at the
expiration of the term of any member a successor shall be
appointed by the Mayor and shall hold office for a term of 4
years, from July 1 of the year in which the term commences and
until a successor is appointed and qualified. Any vacancy in
the membership of the Chicago Board of Education shall be
filled through appointment by the Mayor for the unexpired term.
No appointment to membership on the Chicago Board of Education
that is made by the Mayor under this subsection shall require

SB3951 - 3 - LRB096 24006 NHT 43412 b
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) On April 12, 2011, 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 7
members, is elected by the electors of the school district as
provided in this subsection (b-5) and takes office.
Beginning on April 12, 2011, the school district shall be
governed by a school board consisting of 7 members. An election
shall be held at the consolidated election in April of 2011 and
every second year thereafter. Prior to the consolidated
election in April of 2011, the State Board of Elections shall
divide the school district into 3 regional districts, a
northern regional district, a southern regional district, and a
western regional district, each of which must be compact,
contiguous, and substantially equal in population to each other
district. Two members shall be elected from the northern
regional district, 2 members shall be elected from the southern
regional district, 2 members shall be elected from the western
regional district, and one member shall be elected at large. In
2021, and in the year following each decennial census
thereafter, the board shall reapportion the regional districts
to reflect the results of the census, and shall divide the
school district into 3 regional districts, a northern regional
district, a southern regional district, and a western regional

SB3951 - 4 - LRB096 24006 NHT 43412 b
district, each of which must be compact, contiguous, and
substantially equal in population to each other district. The
division of the school district into regional districts must be
completed and formally approved by a majority of the members of
the board in 2021 and in the year following each decennial
census.
A petition for nomination of a regional district candidate
for member of the board must be signed by at least 0.5% of the
total number of registered voters in the regional district in
which the person is a candidate for nomination. A petition for
nomination of an at-large candidate for member of the board
must be signed by at least 10% of the total number of
registered voters in the school district.
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 April 12, 2011 shall organize on
the date their terms commence, and on that date shall determine
by lot 4 to serve for terms of 4 years and 3 to serve for terms
of 2 years.
Each regional district member elected at the consolidated
election in 2011 or thereafter must be a resident of the
regional district he or she represents for at least one year
immediately preceding his or her election, except that in the
first consolidated election for each regional district

SB3951 - 5 - LRB096 24006 NHT 43412 b
following reapportionment by the board, a candidate for the
board may be elected from any regional district that contains a
part of the regional district in which he or she resided at the
time of the reapportionment and may be reelected if a resident
of the new regional district he or she represents for one year
prior to reelection.
On April 12, 2011 and within 28 days after each
consolidated election thereafter, the board shall organize by
electing its officers and fixing a time and place for the
regular meetings. Upon organizing itself as provided in this
subsection (b-5), the board shall enter upon the discharge of
its duties.
Nomination papers filed under this Section 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
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 regular school election, at which

SB3951 - 6 - LRB096 24006 NHT 43412 b
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 regular school 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 so 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 herein. Upon the Mayor's failure to fill the
vacancy, the vacancy shall be filled at the next regular school
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
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

SB3951 - 7 - LRB096 24006 NHT 43412 b
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. To be eligible for election or
appointment to the board, a person shall be a citizen of the
United States, shall be a registered voter as provided in the
Election Code, shall have been a resident of the city for at
least 3 years immediately preceding his or her election or
appointment, and shall not be a child sex offender as defined
in Section 11-9.3 of the Criminal Code of 1961. Permanent
removal from the city by any member of the board during his
term of office constitutes a resignation therefrom and creates
a vacancy in the board. With respect to board members
representing a regional district, permanent removal from the
regional district during his or her term of office constitutes
a resignation therefrom and creates a vacancy in the board.
Except for the President of the Chicago School Reform Board of

SB3951 - 8 - LRB096 24006 NHT 43412 b
Trustees who may be paid compensation for his or her services
as chief executive officer as determined by the Mayor as
provided in subsection (a) of Section 34-3, board members shall
serve without any compensation; provided, that board members
shall be reimbursed for expenses incurred while in the
performance of their duties upon submission of proper receipts
or upon submission of a signed voucher in the case of an
expense allowance evidencing the amount of such reimbursement
or allowance to the president of the board for verification and
approval. The board of education may continue to provide health
care insurance coverage, employer pension contributions,
employee pension contributions, and life insurance premium
payments for an employee required to resign from an
administrative, teaching, or career service position in order
to qualify as a member of the board of education. They shall
not hold other public office under the Federal, State or any
local government other than that of Director of the Regional
Transportation Authority, member of the economic development
commission of a city having a population exceeding 500,000,
notary public or member of the National Guard, and by accepting
any such office while members of the board, or by not resigning
any such office held at the time of being elected or appointed
to the board within 30 days after such election or appointment,
shall be deemed to have vacated their membership in the board.
(Source: P.A. 93-309, eff. 1-1-04.)

SB3951 - 9 - LRB096 24006 NHT 43412 b
(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,
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 April 12,
2011, 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 April 12, 2011,
successors shall be appointed by the board instead of the

SB3951 - 10 - LRB096 24006 NHT 43412 b
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
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

SB3951 - 11 - LRB096 24006 NHT 43412 b
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
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.