SB0827sam001 102ND GENERAL ASSEMBLY

Sen. Kimberly A. Lightford

Filed: 4/15/2021

10200SB0827sam001 LRB102 04625 CMG 25320 a

AMENDMENT TO SENATE BILL 827

AMENDMENT NO. ______. Amend Senate Bill 827 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by changing Sections 34-3, 34-3.2, 34-4, and 34-13.1 and by adding Sections 34-4.1 and 34-21.9 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 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) 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. Three members appointed for a term commencing on July 1, 2022 shall serve for terms ending on June 30, 2026. Two members appointed for terms commencing on July 1, 2023 shall serve for terms ending on June 30, 2026. Two members appointed for terms commencing on July 1, 2023 shall serve for terms ending on June 30, 2028. After the 2026 election, the Chicago Board of Education shall be comprised initially of a 7-member board, of which 5 members shall be appointed and 2 members shall be elected pursuant to subsection (b-10). The Mayor shall appoint 3 more members to the Chicago Board of Education to hold office and serve terms of 4 years, from terms commencing on July 1, 2026, to serve along with the appointed members whose terms run through June 30, 2028 and the members elected in 2026. Beginning with the 2028 election, the Chicago Board of Education shall transition to an 11-member board, of which 8 members shall be appointed and 3 members shall be elected pursuant to subsection (b-10). The Mayor shall appoint 5 more members to the Chicago Board of Education to hold office and serve terms of 4 years, from terms commencing on July 1, 2028, to serve along with the members appointed in 2026 and the elected members. 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. In making an appointment pursuant to this subsection, the Mayor shall strive to achieve representation that reflects the diversity of the City of Chicago and the school district. Any vacancy in the membership of the Chicago Board of Education shall be filled through appointment by the Mayor for the unexpired term. For a vacancy of an elected member, the Mayor shall fill the vacancy with an appointee from the same subdistrict who fulfills all of the eligibility qualifications set forth in Section 34-4. No appointment to membership on the Chicago Board of Education 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) A vacancy occurs on the happening of any of the following events before the expiration of the member's term:

(1) The death of the member.

(2) The member submits the member's resignation in writing.

(3) The member becomes a person under legal disability.

(4) The member is convicted of an infamous crime or of any of the offenses enumerated in Section 34-18.5.

(5) The member is removed from office.

(6) A decision of a competent tribunal declares the elected member's election void.

(7) The member becomes employed by the board.

(b-10) Beginning with the election in 2026, 2 members of the board shall be elected by the electors of the school district as provided in this subsection for a term beginning on July 1, 2026. These elected members shall serve along with the appointed members as provided for in subsection (b). Beginning with the election in 2028, one more member of the board shall be elected by the electors of the school district as provided in this subsection. Each member shall be elected for a term of 4 years. Thereafter, elections for members of the board shall take place in even-numbered years at the expiration of the 4-year terms.

For purposes of the elections conducted under this subsection, the City of Chicago shall be subdivided into 3 electoral subdistricts pursuant to Section 34-21.9. Each electoral subdistrict shall be represented by an elected member.

Elections conducted pursuant to this Section shall be scheduled and conducted by the board at the same time as the election for local school council pursuant to Section 34-2.1 and as provided in this Section and in accordance with rules established by the board.

Beginning in 2026, the election of these members shall be conducted by ranked-choice voting as set forth in subsection (b-15).

(b-15) The determination of a winner in an election for office shall be by ranked-choice voting. Except as provided in subsections (b-20) and (b-25), the following procedures shall be used to determine the winner of an election determined by ranked-choice voting. The ranked-choice voting count must proceed in rounds. In each round, the number of votes for each continuing candidate must be counted. Each continuing ballot counts as one vote for its highest-ranked continuing candidate for that round. If exhausted ballots are not counted for any continuing candidate, the round ends with one of the following 2 potential outcomes:

(1) If there are 2 or fewer continuing candidates, the candidate with the most votes is declared the winner of the election.

(2) If there are more than 2 continuing candidates, the last-place candidate is defeated and a new round begins.

(b-20) A tie under this Section between last-place candidates in any round must be decided by lot and the candidate chosen by lot is defeated. The result of the tie resolution must be recorded and reused in the event of a recount. A tie between candidates for the most votes in the final round must be decided by lot as provided for in the rules established by the board.

(b-25) The board shall adopt rules for the proper and efficient administration of elections determined by ranked-choice voting. At a minimum, the rules shall include procedures for requesting and conducting recounts of the results as determined in the rounds of counting described in subsection (b-15).

(b-30) Within 28 days after the elected and appointed members take office and every 2 years thereafter, the Mayor The board shall appoint 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 appointed 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 Board, notwithstanding subsection (d) of Section 34-3.3. The duties of the secretary shall be imposed by the rules of the Board.

(b-35) No later than June 30, 2030, the General Assembly must review the election of members of the Chicago Board of Education pursuant to the changes made to this Section by this amendatory Act of the 102nd General Assembly. If the General Assembly has not reauthorized the election of members of the Chicago Board of Education under the changes made to this Section by this amendatory Act of the 102nd General Assembly by June 30, 2030, then, on June 30, 2032, the terms of all members elected in 2028 and 2030 under the changes made to this Section by this amendatory Act of the 102nd General Assembly shall end, and a new Chicago Board of Education consisting of 7 members shall be appointed by the Mayor. Three of the members initially so appointed under this subsection shall serve for terms ending June 30, 2034, 4 of the members initially so appointed under this subsection shall serve for terms ending June 30, 2036, and each member initially so appointed shall continue to hold office until the member's successor is appointed and qualified. After 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.

(b-40) On July 1, 2028, the board shall commence an independent review process of the current board governance structure and outcomes as of July 1, 2028 that shall include, but is not be limited to, the financial stability of the school district, the academic growth and progress of students, the development of sound academic and administrative policy, the adherence by the board to sound and ethical governing principles, and other metrics that the board identifies to assess the current governance structure. A report shall include this review along with recommendations regarding the future board governance structure. The board shall commission an independent research entity to conduct the review and provide the report. The report shall be provided to the board and the General Assembly on or before June 30, 2029. The report shall be used by the General Assembly in consideration of the reauthorization set forth in subsection (b-35).

(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 5/34-3.2) (from Ch. 122, par. 34-3.2)

Sec. 34-3.2. Board training. After January 1, 1990 all board members shall participate in training provided by board employees or not-for-profit organizations, including without limitation the following:

1. finance, accounting, budget, and revenue review;

2. education theory and board governance;

3. governmental relations;

4. school-based management operations and leadership training; and

5. State and federal education law and regulations; .

6. risk management; and

7. community and stakeholder engagement.

(Source: P.A. 85-1418; 86-1477.)

(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 and, if applicable, the electoral subdistrict, for at least 3 years immediately preceding his or her election or appointment, and shall not be an employee of the board or a child sex offender as defined in Section 11-9.3 of the Criminal Code of 2012. No member of the board may be a board member or an officer or director of a contractor or organization, or have contracting authority for such a contractor or organization, with whom the board has a contract or is negotiating a contract. Board members may only serve 2 4-year terms.

In addition to the eligibility requirements for all members of the board, all candidates for the elected seats must have served on a local school council, the governing board of a charter school or contract school, or the board of governors of a military academy for at least 2 cumulative years during the 10 years preceding the date of the member's election and must not have been removed as a member on a previous council or board. For the board members elected under subsection (b-10) of Section 34-3, all persons eligible for election shall be nominated by a petition signed by no less than 500 voters residing within the electoral subdistrict on the petition in order to be placed on the ballot, the form of the petition to be determined by the board.

Permanent removal from the city by any member of the board during the member's his term of office constitutes a resignation therefrom and creates a vacancy in the board. All members of the board shall receive $40,000 annually in compensation and 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. 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. 97-1150, eff. 1-25-13.)

(105 ILCS 5/34-4.1 new)

Sec. 34-4.1. Campaign financing.

(a) In this Section:

"Affiliated entity" has the meaning ascribed to that term in Section 50-37 of the Illinois Procurement Code.

"Business entity" has the meaning ascribed to that term in Section 50-37 of the Illinois Procurement Code.

"Lobbyist" means any person or entity that is required to register as a lobbyist under the Lobbyist Registration Act or any lobbyist registration ordinance or policy adopted by the City of Chicago or the board.

"Seeking to do business" means (i) any person taking any action within the past 6 months to obtain a contract or business from the board and, if such action were successful, the action would result in the person doing business with the board, but the contract or business sought has not been awarded to any person or (ii) any matter that was pending before the board in the 6 months prior to the date of the contribution or any matter that will be pending before the board in the 6 months after the date of the contribution, if that matter involves the award of funds.

(b) All candidates for the board shall be considered candidates for election to public office for the purpose of Article 9 of the Election Code. All candidates shall comply with the applicable requirements pursuant to Article 9 of the Election Code, including making filings with the State Board of Elections. The board shall be responsible for the administration of elections for the board and shall adopt rules for such elections that are substantially similar to the laws governing the election of members of other school boards under the Election Code, other than Article 9, except to the extent inconsistent with the express provisions of this Article and except that the board shall serve as the election authority for such elections.

(c) No person or business entity who has done business with the board within the preceding 4 reporting years or is seeking to do business with the board, or affiliated entities or affiliated persons of such business entity, may make contributions to a candidate for the board or a candidate's political committee. A lobbyist may not make contributions to a candidate for the board or a candidate's political committee. The contract of any person or business who solicits, accepts, offers, or makes a financial contribution that violates this Section shall be a voidable contract. If a person or business entity violates this Section at least 3 or more times within a 36-month period, all contracts between the board and that person or business entity shall be void and that business entity shall be prohibited from entering into any contract with the board for 3 years after the date of the last violation. Any lobbyist who violates this Section shall be prohibited from lobbying the board for one year following the date of the violation.

(d) All candidates for the board shall be subject to the gift ban provisions set forth in Article 10 of the State Officials and Employees Ethics Act and the board's Code of Ethics.

(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 July 1, 2026, 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 July 1, 2026, 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 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 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.)

(105 ILCS 5/34-21.9 new)

Sec. 34-21.9. Creation of electoral subdistricts. (a) After the effective date of this amendatory Act of the 102nd General Assembly, for the purposes of an election conducted under subsection (b-10) of Section 34-3 for seats on the Chicago Board of Education, the City of Chicago shall be divided into 3 electoral subdistricts. The electoral subdistricts shall be drawn by a committee convened by the board and comprised of the following members:

(1) one member appointed by the Mayor;

(2) the chairperson of the City of Chicago's City Council Committee on Education and Child Development or a successor committee;

(3) the President of the Chicago Board of Education;

(4) the Chief Executive Officer; and

(5) one parent member of a local school council selected by the other members of the committee.

(b) Each subdistrict must be compact, contiguous, and substantially equal in population.

(c) As provided in this Section, the committee shall be convened to draw the electoral subdistricts as follows:

(1) on or before May 31, 2022; and

(2) on or before December 31, 2031 and each subsequent 10 years thereafter.

Section 99. Effective date. This Act takes effect upon becoming law.".