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Sen. M. Maggie Crotty
Filed: 4/14/2010
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| AMENDMENT TO HOUSE BILL 16
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| AMENDMENT NO. ______. Amend House Bill 16 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The School Code is amended by changing Sections |
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| 2-3.62, 2-3.105, 3-0.01, 3-1, 3-2.5, 3-12, 3-14.2, 3-15.10, |
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| 3A-6, 4-2, 4-4, 4-6, 4-7, 4-8, 4-9, and 4-10 as follows:
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| (105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
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| Sec. 2-3.62. Educational Service Centers.
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| (a) A regional network of educational service centers shall |
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| be established
by the State Board of Education to coordinate |
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| and combine existing services in
a manner which is practical |
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| and efficient and to provide new services to
schools as |
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| provided in this Section. Services to be made available by such
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| centers shall include the planning, implementation and |
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| evaluation of:
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| (1) (blank);
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| (2) computer technology education;
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| (3) mathematics, science and reading resources for |
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| teachers including
continuing education, inservice |
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| training and staff development.
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| The centers may provide training, technical assistance, |
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| coordination and
planning in other program areas such as school |
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| improvement, school
accountability, financial planning, |
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| consultation, and services, career guidance, early childhood |
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| education, alcohol/drug
education and prevention, family life - |
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| sex education, electronic transmission
of data from school |
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| districts to the State, alternative education and regional
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| special education, and telecommunications systems that provide |
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| distance
learning. Such telecommunications systems may be |
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| obtained through the
Department of Central Management Services |
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| pursuant to Section 405-270 of the
Department of Central |
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| Management Services Law (20 ILCS 405/405-270). The programs and |
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| services of educational
service centers may be offered to |
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| private school teachers and private school
students within each |
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| service center area provided public schools have already
been |
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| afforded adequate access to such programs and services.
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| Upon the abolition of the office, removal from office, |
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| disqualification for office, resignation from office, or |
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| expiration of the current term of office of the regional |
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| superintendent of schools, whichever is earlier, centers |
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| serving that portion of a Class II county school unit outside |
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| of a city of 500,000 or more inhabitants shall have and |
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| exercise, in and with respect to each educational service |
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| region having a population of 2,000,000 or more inhabitants and |
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| in and with respect to each school district located in any such |
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| educational service region, all of the rights, powers, duties, |
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| and responsibilities theretofore vested by law in and exercised |
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| and performed by the regional superintendent of schools for |
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| that area under the provisions of this Code or any other laws |
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| of this State. |
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| The State Board of Education shall promulgate rules and |
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| regulations necessary
to implement this Section. The rules |
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| shall include detailed standards which
delineate the scope and |
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| specific content of programs to be provided by each
Educational |
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| Service Center, as well as the specific planning, |
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| implementation
and evaluation services to be provided by each |
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| Center relative to its programs.
The Board shall also provide |
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| the standards by which it will evaluate the
programs provided |
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| by each Center.
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| (b) Centers serving Class 1 county school units shall be |
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| governed by an
11-member board, 3 members of which shall be |
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| public school teachers
nominated by the local bargaining |
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| representatives to the appropriate regional
superintendent for |
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| appointment and no more than 3 members of which shall be
from |
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| each of the following categories, including but not limited to
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| superintendents, regional superintendents, school board |
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| members
and a representative of an institution of higher |
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| education. The members of
the board shall be appointed by the |
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| regional superintendents whose school
districts are served by |
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| the educational service center.
The composition of the board |
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| will reflect the revisions of this
amendatory Act of 1989 as |
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| the terms of office of current members expire.
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| (c) The centers shall be of sufficient size and number to |
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| assure delivery
of services to all local school districts in |
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| the State.
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| (d) From monies appropriated for this program the State |
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| Board of
Education shall provide grants to qualifying |
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| Educational Service Centers
applying for such grants in |
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| accordance with rules and regulations
promulgated by the State |
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| Board of Education to implement this Section.
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| (e) The governing authority of each of the 18 regional |
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| educational service
centers shall appoint a family life - sex |
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| education advisory board
consisting of 2 parents, 2 teachers, 2 |
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| school administrators, 2 school
board members, 2 health care |
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| professionals, one library system
representative, and the |
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| director of the regional educational service center
who shall |
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| serve as chairperson of the advisory board so appointed. |
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| Members
of the family life - sex education advisory boards |
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| shall serve without
compensation. Each of the advisory boards |
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| appointed pursuant to this
subsection shall develop a plan for |
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| regional teacher-parent family life - sex
education training |
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| sessions and shall file a written report of such plan
with the |
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| governing board of their regional educational service center. |
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| The
directors of each of the regional educational service
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| centers shall thereupon meet, review each of the reports |
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| submitted by the
advisory boards and combine those reports into |
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| a single written report which
they shall file with the Citizens |
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| Council on School Problems prior to the
end of the regular |
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| school term of the 1987-1988 school year.
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| (f) The 14 educational service centers serving Class I |
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| county school units
shall be disbanded on the first Monday of |
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| August, 1995, and their statutory
responsibilities and |
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| programs shall be assumed by the regional offices of
education, |
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| subject to rules and regulations developed by
the
State Board |
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| of Education. The regional superintendents of schools elected |
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| by
the voters residing in all Class I counties shall serve as |
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| the chief
administrators for these programs and services. By |
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| rule of the State Board of
Education, the 10 educational |
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| service regions of
lowest
population shall provide such |
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| services under cooperative agreements with larger
regions.
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| (Source: P.A. 93-21, eff. 7-1-03; 94-1105, eff. 6-1-07 .)
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| (105 ILCS 5/2-3.105) (from Ch. 122, par. 2-3.105)
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| Sec. 2-3.105. Services to educational service regions and |
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| school districts. Commencing July 1, 1994 and thereafter, the |
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| State Board of Education through
the office of the State |
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| Superintendent of Education shall have and exercise, in
and |
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| with respect to an each educational service region located in a |
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| city of 500,000 having a population of
2,000,000 or more |
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| inhabitants, and in and with respect to each school district
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| located in any such educational service region, all rights, |
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| powers, duties and
responsibilities theretofore vested in and |
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| exercised and performed by the
regional superintendent of |
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| schools in that educational service region under the
provisions |
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| of this Act or any other law of this State.
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| (Source: P.A. 87-654; 87-895; 87-1251.)
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| (105 ILCS 5/3-0.01) (from Ch. 122, par. 3-0.01)
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| Sec. 3-0.01.
"County superintendent of schools" and
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| "regional superintendent of schools" defined - Application of |
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| Article.
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| (a) Except as otherwise provided by subsection (b), after |
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| the
effective date of this amendatory Act of 1975, the chief |
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| administrative
officer of an educational service region shall |
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| be designated and referred
to as the "regional superintendent |
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| of schools" or the "regional
superintendent" and after the |
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| effective date of this amendatory Act of 1993
the office held |
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| by the chief administrative officer shall be designated and
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| referred to as the "regional office of education". For purposes |
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| of the School
Code and except as otherwise provided by |
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| subsection (b), any reference to
"county superintendent of |
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| schools" or "county superintendent" means the
regional |
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| superintendent of schools.
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| (b) Notwithstanding any other provisions of this Article, |
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| but subject Subject to subsection (b-1), in educational service |
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| regions containing
2,000,000 or more inhabitants, the office of |
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| regional superintendent of schools
is abolished on July 1, |
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| 1994 . Subject to Section 2-3.105 of this Code, beginning on the |
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| effective date of this amendatory Act of the 96th General |
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| Assembly, On and after that date in each educational
service |
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| region in which the office of regional superintendent of |
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| schools is so
abolished all rights, powers, duties and |
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| responsibilities theretofore vested by
law in, and exercised |
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| and performed by the regional superintendent of schools
and by |
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| any assistant regional superintendents or other assistants or |
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| employees
in the office of the regional superintendent of |
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| schools being so abolished shall be
vested in, exercised and |
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| performed by educational service centers established pursuant |
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| to Section 2-3.62 of this Code for any educational service |
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| region containing 2,000,000 or more inhabitants. Beginning on |
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| the effective date of this amendatory Act of the 96th General |
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| Assembly, the State Board of Education through the
office of |
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| the State Superintendent of Education. Upon abolition of the |
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| office
of regional superintendent of schools in an educational |
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| service region
containing 2,000,000 or more inhabitants: (i) |
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| all books, records, maps, papers
and other documents belonging |
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| to or subject to the control or disposition of
the former |
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| regional superintendent of schools by virtue of his office |
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| shall be
transferred and delivered to the State Board of |
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| Education; (ii) possession or
control over all moneys, deposits |
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| and accounts in the possession or
subject to the control or |
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| disposition of the former regional superintendent
of schools by |
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| virtue of his office, including but not limited to
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| undistributed or unexpended moneys drawn from, and all amounts |
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| on deposit
in, the county, institute and supervisory expense |
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| funds, shall be
transferred to and placed under the control and |
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| disposition of the State Board
of Education, excepting only |
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| those moneys or accounts, if any, the source of
which is the |
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| county treasury , for proper redistribution to the educational |
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| service centers ; and (iii) all other equipment, furnishings,
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| supplies and other personal property belonging to or subject to |
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| the control or
disposition of the former regional |
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| superintendent of schools by virtue of his
office, excepting |
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| only those items which were provided by the county board,
shall |
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| be transferred and delivered to the State Board of Education. |
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| Beginning on the effective date of this amendatory Act of the |
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| 96th General Assembly From and
after July 1, 1994 , any |
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| reference in this the School Code or any other law of this
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| State to "regional superintendent of schools" or "regional |
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| superintendent", or
"county superintendent of schools" or |
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| "county superintendent" shall mean, with
respect to any |
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| educational service region containing 2,000,000 or more
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| inhabitants in which the office of regional superintendent of |
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| schools is
abolished, the educational service centers |
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| established pursuant to Section 2-3.62 of this Code for the |
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| educational service region State Board of Education serving |
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| through the office of the State
Superintendent of Education as |
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| the chief administrative entity of an
educational service |
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| region . Upon and after the first Monday of August 1995,
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| references in this Code and elsewhere to educational service |
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| regions of
2,000,000 or fewer inhabitants shall exclude any |
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| educational service region
containing a city of 500,000 or more |
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| inhabitants and references in this Code
and elsewhere to |
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| educational service regions of 2,000,000 or more inhabitants
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| shall mean an educational service region containing a city of |
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| 500,000 or more
inhabitants regardless of the actual population |
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| of the region.
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| (b-1) References to "regional superintendent" shall also |
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| include the educational service centers established under |
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| Section 2-3.62 of this Code and
regional superintendent of |
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| schools in regions serving that portion of a Class
II county |
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| outside a city of 500,000 or more population elected at the |
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| general
election in 1994 and every 4 years thereafter.
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| (c) This Article applies to the regional superintendent of |
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| a multicounty
educational service region formed under Article |
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| 3A as well as to a single
county or partial county region, |
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| except that in case of conflict between
the provisions of this |
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| Article and of Article 3A in the case of a multicounty
region, |
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| the provisions of Article 3A shall apply. Any reference to |
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| "county" or
to "educational service region" in this Article |
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| means a regional office of
education.
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| (Source: P.A. 87-654; 87-895; 87-1251; 88-89.)
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| (105 ILCS 5/3-1) (from Ch. 122, par. 3-1)
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| Sec. 3-1. Election; eligibility. Quadrennially there shall |
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| be
elected in every county, except those which have been |
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| consolidated into
a multicounty educational service region |
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| under Article 3A and except
those having a population of |
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| 2,000,000 or more inhabitants, and beginning in
1994 in that |
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| portion of a Class II county outside a city of 500,000 or more
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| inhabitants and constituting an educational service region, a |
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| regional
superintendent of schools, who shall enter
upon the |
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| discharge of his duties on the first Monday of August next |
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| after
his election; provided, however, that the term of office |
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| of each regional
superintendent of schools in office on June |
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| 30, 2003
is terminated on
July 1, 2003, except that an |
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| incumbent regional
superintendent of schools
shall continue to |
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| serve until his successor is elected and qualified, and each
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| regional superintendent of schools elected at the general |
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| election in 2002 and
every four years thereafter shall assume |
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| office on the first day of July
next after his election. No one |
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| is eligible to file his petition at any
primary election for |
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| the nomination
as candidate for the office of regional |
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| superintendent of schools nor to
enter upon the duties of such |
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| office either by election or appointment
unless he possesses |
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| the following qualifications: (1) he is of good
character, (2) |
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| he has a master's degree, (3) he has earned at least 20
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| semester hours of credit in professional education at the |
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| graduate
level, (4) he holds a valid all grade supervisory |
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| certificate or a valid
state limited supervisory certificate, |
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| or a valid state life supervisory
certificate, or a valid |
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| administrative certificate, (5) he has had at least
4 years |
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| experience in teaching, and (6) he was engaged for at least 2 |
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| years
of the 4 previous years in full time teaching or |
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| supervising in the common
public schools or serving as a county |
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| superintendent of schools or regional
superintendent of |
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| schools for an educational service region in the State of
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| Illinois.
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| No petition of any candidate for nomination for the office |
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| of regional
superintendent of schools may be filed and no such |
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| candidate's name may be
placed on a primary or general election |
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| ballot, unless such candidate files
as part of his petition a |
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| certificate from the State Board of Education
certifying that |
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| from the records of its office such candidate has the
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| qualifications required by this Section; however, any |
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| incumbent filing his
petition for nomination for a succeeding |
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| term of office shall not be
required to attach such certificate |
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| to his petition of candidacy.
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| Nomination papers filed under this Section are not valid |
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| unless the
candidate named therein files with the county clerk |
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| or State Board of
Elections a statement of economic interests |
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| as required by the Illinois
Governmental Ethics Act. Such |
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| receipt shall be so filed either previously
during the calendar |
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| year in which his nomination papers were filed or
within the |
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| period for the filing of nomination papers in accordance with
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| the general election law.
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| The changes in qualifications made by Public Act 76-1563 do |
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| not affect
the right of an incumbent to seek reelection.
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| On and after July 1, 1994, the provisions of this Section |
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| shall have
no application in any educational service region |
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| having a population of
2,000,000 or more inhabitants; provided |
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| further that no election shall be
held in November of 1994 or |
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| at any other time after July 1, 1992 for the office
of regional |
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| superintendent of schools in any county or educational service
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| region having a population of 2,000,000 or more inhabitants.
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| (Source: P.A. 89-383, eff. 8-18-95; 90-280, eff. 7-31-97.)
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| (105 ILCS 5/3-2.5)
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| Sec. 3-2.5. Salaries.
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| (a) Except as otherwise provided in this Section, the
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| regional superintendents of schools shall receive for their |
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| services an annual
salary according to the population, as |
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| determined by the last preceding federal
census, of the region |
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| they serve, as set out in the following schedule:
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18 | | SALARIES OF REGIONAL SUPERINTENDENTS OF
| 19 | | SCHOOLS |
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20 | | POPULATION OF REGION |
ANNUAL SALARY |
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21 | | Less than 48,000 |
$73,500 |
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22 | | 48,000 to 99,999 |
$78,000 |
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23 | | 100,000 to 999,999 |
$81,500 |
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24 | | 1,000,000 and over |
$83,500 |
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| The changes made by Public Act 86-98 in the annual salary |
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| that the
regional superintendents of schools shall receive for |
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| their services shall
apply to the annual salary received by the |
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| regional superintendents of
schools during each of their |
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| elected terms of office that
commence after
July 26, 1989 and |
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| before the first Monday of August, 1995.
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| The changes made by Public Act 89-225 in the annual salary |
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| that
regional superintendents of schools shall receive for |
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| their services shall
apply to the annual salary received by the |
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| regional superintendents of schools
during their elected terms |
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| of office that
commence after August 4,
1995 and end on August |
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| 1, 1999.
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| The changes made by this amendatory Act of the 91st General |
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| Assembly in the
annual salary that the regional superintendents |
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| of schools shall receive for
their services shall apply to the |
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| annual salary received by the regional
superintendents of |
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| schools during each of their elected terms of office that
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| commence on or after August 2, 1999.
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| Beginning July 1, 2000, the salary that the regional |
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| superintendent
of schools receives for his or her services |
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| shall be adjusted annually to
reflect the percentage increase, |
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| if any, in the most recent Consumer Price
Index, as defined and |
22 |
| officially reported by the United States Department of
Labor, |
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| Bureau of Labor Statistics, except that no annual increment may |
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| exceed
2.9%. If the percentage of change in the
Consumer Price |
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| Index is a percentage decrease, the salary that the regional
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| superintendent of schools receives shall not be adjusted for |
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| that year.
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| When regional superintendents are authorized by the School |
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| Code to
appoint assistant regional superintendents, the |
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| assistant regional
superintendent shall receive an annual |
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| salary based on his or her
qualifications and computed as a |
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| percentage of the salary of the
regional superintendent to whom |
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| he or she is assistant, as set out in the
following schedule:
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8 | | SALARIES OF ASSISTANT REGIONAL | 9 | | SUPERINTENDENTS |
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10 | | QUALIFICATIONS OF |
PERCENTAGE OF SALARY |
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11 | | ASSISTANT REGIONAL |
OF REGIONAL |
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12 | | SUPERINTENDENT |
SUPERINTENDENT |
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13 | | No Bachelor's degree, but State |
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14 | | certificate valid for teaching | |
|
15 | | and supervising. |
70% |
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16 | | Bachelor's degree plus |
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17 | | State certificate valid | |
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18 | | for supervising. |
75% |
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19 | | Master's degree plus |
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20 | | State certificate valid | |
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21 | | for supervising. |
90% |
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| However, in any region in which the appointment of more |
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| than one
assistant regional superintendent is authorized, |
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| whether by Section
3-15.10 of this Code or otherwise, not more |
25 |
| than one assistant may
be compensated at the 90% rate and any |
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| other assistant shall be paid at
not exceeding the 75% rate, in |
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| each case depending on the qualifications
of the assistant.
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| The salaries provided in this Section for regional |
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| superintendents
and assistant regional superintendents are |
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| payable monthly from the
Common School Fund. The State |
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| Comptroller in making his or her warrant to
any county for the |
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| amount due it from the Common School Fund shall deduct
from it |
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| the several amounts for which warrants have been issued to the
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| regional superintendent, and any assistant regional |
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| superintendent, of
the educational service region encompassing |
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| the county since the
preceding apportionment of the Common |
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| School Fund.
|
12 |
| County boards may provide for additional compensation for |
13 |
| the
regional superintendent or the assistant regional |
14 |
| superintendents, or
for each of them, to be paid quarterly from |
15 |
| the county treasury.
|
16 |
| (b) Upon abolition on July 1, 1994, of the office of |
17 |
| regional
superintendent of schools in educational service |
18 |
| regions containing
2,000,000 or more inhabitants as provided in |
19 |
| Section 3-0.01
of this Code, the funds provided under |
20 |
| provisions of subsection (a) of this Section shall continue to |
21 |
| be appropriated and reallocated, as provided for pursuant to |
22 |
| subsection (b) of Section 3-0.01 of this Code, to the |
23 |
| educational service centers established pursuant to Section |
24 |
| 2-3.62 of this Code for an educational service region |
25 |
| containing 2,000,000 or more inhabitants shall
no longer apply |
26 |
| in any educational service region in which the office of
|
|
|
|
09600HB0016sam001 |
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|
|
1 |
| regional superintendent of schools is so abolished, and no |
2 |
| salary or other
compensation shall be payable under that |
3 |
| subsection (a) or under any other
provision of this Section |
4 |
| with respect to the office so abolished or
with respect to any |
5 |
| assistant position to the office so abolished .
|
6 |
| (c) If the State pays all or any portion of the employee |
7 |
| contributions
required under Section 16-152 of the Illinois |
8 |
| Pension Code for employees of the
State Board of Education, it |
9 |
| shall also pay the employee contributions required
of regional |
10 |
| superintendents of schools and assistant regional |
11 |
| superintendents
of schools on the same basis, but excluding any |
12 |
| contributions based on
compensation that is paid by the county |
13 |
| rather than the State.
|
14 |
| This subsection (c) applies to contributions based on |
15 |
| payments of salary
earned after the effective date of this |
16 |
| amendatory Act of the 91st General
Assembly, except that in the |
17 |
| case of an elected regional superintendent of
schools, this |
18 |
| subsection does not apply to contributions based on payments of
|
19 |
| salary earned during a term of office that commenced before the |
20 |
| effective date
of this amendatory Act.
|
21 |
| (Source: P.A. 91-276, eff. 7-23-99 .)
|
22 |
| (105 ILCS 5/3-12) (from Ch. 122, par. 3-12)
|
23 |
| Sec. 3-12. Institute fund. |
24 |
| (a) All certificate
registration fees and
a portion of |
25 |
| renewal and duplicate fees
shall be kept by the regional |
|
|
|
09600HB0016sam001 |
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|
|
1 |
| superintendent as described in Section 21-16 of
this Code, |
2 |
| together with a record of the
names of the persons paying them. |
3 |
| Such fees shall be deposited
into the institute fund and
shall |
4 |
| be used by the regional superintendent
to defray expenses |
5 |
| associated with the
work of
the regional professional |
6 |
| development review committees established pursuant to
|
7 |
| paragraph (2) of subsection (g) of Section 21-14 of this Code |
8 |
| to advise the
regional
superintendent, upon his or her request, |
9 |
| and to hear appeals relating to the
renewal of
teaching |
10 |
| certificates, in accordance with Section 21-14 of this Code; to |
11 |
| defray
expenses
connected with improving the technology |
12 |
| necessary for the efficient processing
of
certificates; to |
13 |
| defray all costs associated with the administration of teaching |
14 |
| certificates;
to defray expenses incidental to
teachers' |
15 |
| institutes,
workshops or meetings of a professional nature that |
16 |
| are designed to promote the
professional growth of teachers or |
17 |
| for the purpose of defraying the expense of
any general or |
18 |
| special meeting of teachers or school personnel of the region,
|
19 |
| which has been approved by the regional superintendent.
|
20 |
| (b) In addition to the use of moneys in the institute fund |
21 |
| to defray expenses under subsection (a) of this Section, the |
22 |
| State Superintendent of Education, as authorized under Section |
23 |
| 2-3.105 of this Code, shall use moneys in the institute fund to |
24 |
| defray all costs associated with the administration of teaching |
25 |
| certificates within a city having a population exceeding |
26 |
| 500,000.
|
|
|
|
09600HB0016sam001 |
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|
1 |
| (c) The regional superintendent shall on or before January |
2 |
| 1 of each year
publish in a newspaper of general circulation |
3 |
| published in the region or
shall post in each school building |
4 |
| under his jurisdiction an accounting of
(1) the balance on hand |
5 |
| in the Institute fund at the beginning of the
previous year; |
6 |
| (2) all receipts within the previous year deposited in the
|
7 |
| fund, with the sources from which they were derived; (3) the |
8 |
| amount
distributed from the fund and the purposes for which |
9 |
| such distributions
were made; and (4) the balance on hand in |
10 |
| the fund.
|
11 |
| (Source: P.A. 94-839, eff. 6-6-06.)
|
12 |
| (105 ILCS 5/3-14.2) (from Ch. 122, par. 3-14.2)
|
13 |
| Sec. 3-14.2. Supervision and control of school districts. |
14 |
| Except in regions established within that portion of a Class II |
15 |
| county school unit outside of a city of 500,000 or more |
16 |
| inhabitants, the The county superintendent of schools shall |
17 |
| exercise supervision and
control over all school districts |
18 |
| within the county. If a district is
divided by a county line or |
19 |
| lines the county superintendent in the
county where the |
20 |
| majority of the children attend school
at the time the district |
21 |
| is organized
shall exercise supervision and control over all |
22 |
| aspects of
supervision, reports, and financial accounting of |
23 |
| the district
until it has been determined by the State |
24 |
| Superintendent of Education that
60 per cent of the children |
25 |
| attend school in another county or that a majority
of the |
|
|
|
09600HB0016sam001 |
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|
|
1 |
| children have attended a school in another county for three
|
2 |
| consecutive years and the school board has adopted a resolution |
3 |
| requesting
the supervision and control be transferred to the |
4 |
| county superintendent
in the county in which the majority of |
5 |
| children attend school.
The county superintendent under
whose |
6 |
| direction a school district has been established shall retain
|
7 |
| supervision and control until July 1 following the date of the |
8 |
| election
establishing the district. Whenever a change in |
9 |
| supervision and control
shall result from a change in school |
10 |
| district boundaries, population
shifts, or other cause, such |
11 |
| change in supervision and control shall not
be effective until |
12 |
| July 1 following the date of its determination. All
references |
13 |
| to the county superintendent of schools, in relation to
school |
14 |
| districts, in this Act shall be interpreted to mean the county
|
15 |
| superintendent of schools having supervision and control of the |
16 |
| district
or districts as defined in this Section.
|
17 |
| (Source: P.A. 81-1146.)
|
18 |
| (105 ILCS 5/3-15.10) (from Ch. 122, par. 3-15.10)
|
19 |
| Sec. 3-15.10. Assistant Regional Superintendent. To |
20 |
| employ, in counties or
regions of 2,000,000 inhabitants or |
21 |
| less, in addition to any assistants
authorized to be employed |
22 |
| with the approval of the county board, an assistant
regional |
23 |
| superintendent of schools who shall be a person of good |
24 |
| attainment,
versed in the principles and methods of education, |
25 |
| and qualified to teach and
supervise schools under Article 21 |
|
|
|
09600HB0016sam001 |
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|
|
1 |
| of this Act; to fix the term of such
assistant and direct his |
2 |
| work and define his duties. On the effective date of this |
3 |
| amendatory Act of the 96th General Assembly, in In regions |
4 |
| established
within that portion of a Class II county school |
5 |
| unit outside of a city of 500,000 or more
inhabitants, the |
6 |
| employment of all persons serving as assistant county or |
7 |
| regional superintendents of schools is terminated, the |
8 |
| position of assistant regional superintendent of schools in |
9 |
| each such region is abolished, and this Section shall, |
10 |
| beginning on the effective date of this amendatory Act of the |
11 |
| 96th General Assembly, have no further application in the |
12 |
| educational service region the regional superintendent may |
13 |
| employ, in addition to any
assistants authorized to be employed |
14 |
| with the approval of the county board, 3
assistant regional |
15 |
| superintendents of schools. Until July 1, 1994, in counties
or |
16 |
| regions having a population of more than 2,000,000 inhabitants |
17 |
| the regional
superintendent may employ, in addition to any |
18 |
| assistants authorized to be
employed with the approval of the |
19 |
| county board, 11 assistant regional
superintendents of |
20 |
| schools . Assistant regional superintendents shall each be a
|
21 |
| person of good attainment, versed in the principles and methods |
22 |
| of education,
and qualified to teach and supervise schools |
23 |
| under Article 21 of this Act. The
work of such assistant |
24 |
| regional superintendent shall be so arranged and
directed that |
25 |
| the county or regional superintendent and assistant
|
26 |
| superintendent, together, shall devote an amount of time during |
|
|
|
09600HB0016sam001 |
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|
|
1 |
| the school
year, equal to at least the full time of one |
2 |
| individual, to the supervision of
schools and of teaching in |
3 |
| the schools of the county.
|
4 |
| Notwithstanding any of the provisions of this Section, any |
5 |
| person who,
on July 1, 1955, was employed as an assistant |
6 |
| county superintendent of
schools shall be qualified for that |
7 |
| position if he holds a state
certificate valid for teaching and |
8 |
| supervising.
|
9 |
| On July 1, 1994, the employment of all persons serving as |
10 |
| assistant
county or regional superintendents in any county or |
11 |
| educational service
region having a population of more than |
12 |
| 2,000,000 inhabitants is
terminated, the office of assistant |
13 |
| county or regional superintendent in
each such county or |
14 |
| educational service region is abolished, and this Section
|
15 |
| shall, from and after July 1, 1994, have no further application |
16 |
| in any
such county or educational service region.
|
17 |
| A regional superintendent of schools shall not employ his |
18 |
| or her spouse,
child, stepchild, or
relative as an assistant |
19 |
| regional superintendent of schools.
By September 1 each year, a |
20 |
| regional superintendent shall certify to the State
Board of |
21 |
| Education
that he or she
has complied with this paragraph.
If |
22 |
| the State Board of Education becomes aware of the fact that a |
23 |
| regional
superintendent is employing his or her spouse, child, |
24 |
| stepchild, or relative as
an assistant regional |
25 |
| superintendent, the State Board of Education shall not
request |
26 |
| for payment from the State Comptroller any warrants for the |
|
|
|
09600HB0016sam001 |
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LRB096 03239 NHT 39996 a |
|
|
1 |
| payment of
the assistant regional superintendent's salary. In |
2 |
| this paragraph, "relative"
means a grandparent, parent, aunt, |
3 |
| uncle, sibling, first cousin, nephew, niece,
grandchild, or |
4 |
| spouse of one of these persons. This paragraph applies only to
|
5 |
| contracts for employment entered into on or after the effective |
6 |
| date of this
amendatory Act of the 91st General Assembly.
|
7 |
| (Source: P.A. 91-764, eff. 6-9-00.)
|
8 |
| (105 ILCS 5/3A-6) (from Ch. 122, par. 3A-6)
|
9 |
| Sec. 3A-6. Election of Superintendent for consolidated |
10 |
| region - Bond -
Vacancies in any educational service region. |
11 |
| (a) The regional superintendent to be
elected under Section |
12 |
| 3A-5 shall be elected at the time provided in the general
|
13 |
| election law and must possess the qualifications described in |
14 |
| Section 3-1 of
this Act.
|
15 |
| (b) The bond required under Section 3-2 shall be filed in |
16 |
| the office of
the
county clerk in the county where the regional |
17 |
| office is situated, and a
certified copy of that bond shall be |
18 |
| filed in the office of the county clerk
in each of the other |
19 |
| counties in the region.
|
20 |
| (c) When a vacancy occurs in the office of regional |
21 |
| superintendent of
schools of any educational service region |
22 |
| which is not located in a county
which is a home rule unit, |
23 |
| such vacancy shall be filled within 60 days (i)
by appointment |
24 |
| of the chairman of the county board, with the advice and
|
25 |
| consent of the county board, when such vacancy occurs in a |
|
|
|
09600HB0016sam001 |
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|
|
1 |
| single county
educational service region; or (ii) by |
2 |
| appointment of a committee composed
of the chairmen of the |
3 |
| county boards of those counties comprising the
affected |
4 |
| educational service region when such vacancy occurs in a
|
5 |
| multicounty educational service region, each committeeman to |
6 |
| be entitled to
one vote for each vote that was received in the |
7 |
| county represented by such
committeeman on the committee by the |
8 |
| regional superintendent of schools
whose office is vacant at |
9 |
| the last election at which a regional
superintendent was |
10 |
| elected to such office, and the person receiving the
highest |
11 |
| number of affirmative votes from the committeemen for such |
12 |
| vacant
office to be deemed the person appointed by such |
13 |
| committee to fill the
vacancy. The appointee shall be a member |
14 |
| of the same political party as the
regional superintendent of |
15 |
| schools the appointee succeeds was at the time
such regional |
16 |
| superintendent of schools last was elected. The appointee
shall |
17 |
| serve
for the remainder of the term. However, if more than 28 |
18 |
| months remain
in that term, the appointment shall be until the |
19 |
| next general election, at
which time the vacated office shall |
20 |
| be filled by election for the remainder
of the term. |
21 |
| Nominations shall be made and any vacancy in nomination
shall |
22 |
| be filled as follows:
|
23 |
| (1) If the vacancy in office occurs before the first |
24 |
| date
provided in Section 7-12 of the Election Code for |
25 |
| filing nomination
papers for county offices for the primary |
26 |
| in the next even-numbered year
following
commencement of |
|
|
|
09600HB0016sam001 |
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LRB096 03239 NHT 39996 a |
|
|
1 |
| the term of office in which the vacancy
occurs, nominations |
2 |
| for the election for filling the vacancy shall be
made |
3 |
| pursuant to Article 7 of the Election Code.
|
4 |
| (2) If the vacancy in office occurs during the time |
5 |
| provided
in Section 7-12 of the Election Code for filing |
6 |
| nomination papers
for county offices for the primary in the |
7 |
| next even-numbered year following
commencement of the term |
8 |
| of office in which the vacancy occurs,
the time for filing |
9 |
| nomination papers for the primary shall not be
more than 91 |
10 |
| days nor less than 85 days prior to the date of the
|
11 |
| primary.
|
12 |
| (3) If the vacancy in office occurs after the last day |
13 |
| provided
in Section 7-12 of the Election Code for filing |
14 |
| nomination papers for county
offices for the primary in the |
15 |
| next even-numbered year following commencement
of the term |
16 |
| of office in which the vacancy occurs, a
vacancy in |
17 |
| nomination shall be deemed to have occurred and the
county |
18 |
| central committee of each established political party (if |
19 |
| the
vacancy occurs in a single county educational service |
20 |
| region) or the
multi-county educational service region |
21 |
| committee of each
established political party (if the |
22 |
| vacancy occurs in a multi-county
educational service |
23 |
| region) shall nominate, by resolution, a
candidate to fill |
24 |
| the vacancy in nomination for election to the office
at the |
25 |
| general election. In the nomination proceedings to fill the
|
26 |
| vacancy in nomination, each member of the county central |
|
|
|
09600HB0016sam001 |
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LRB096 03239 NHT 39996 a |
|
|
1 |
| committee or the
multi-county educational service region |
2 |
| committee,
whichever applies, shall have the voting |
3 |
| strength as set forth in Section 7-8
or 7-8.02 of the |
4 |
| Election Code, respectively. The name of the
candidate so |
5 |
| nominated shall not appear on the ballot at the general |
6 |
| primary
election. The vacancy in nomination shall be filled |
7 |
| prior to the date
of certification of candidates for the |
8 |
| general election.
|
9 |
| (4) The resolution to fill the vacancy shall be duly
|
10 |
| acknowledged before an officer qualified to take |
11 |
| acknowledgments
of deeds and shall include, upon its face, |
12 |
| the following information:
(A) the name of the original |
13 |
| nominee and the office vacated; (B) the
date on which the |
14 |
| vacancy occurred; and (C) the name and address
of the |
15 |
| nominee selected to fill the vacancy and the date of |
16 |
| selection.
The resolution to fill the vacancy shall be |
17 |
| accompanied by a
statement of candidacy, as prescribed in |
18 |
| Section 7-10 of the
Election Code, completed by the |
19 |
| selected nominee, a certificate
from the State Board of |
20 |
| Education, as prescribed in Section 3-1 of
this Code, and a |
21 |
| receipt indicating that the nominee has filed a
statement |
22 |
| of economic interests as required by the Illinois
|
23 |
| Governmental Ethics Act.
|
24 |
| The provisions of Sections 10-8 through 10-10.1 of the Election |
25 |
| Code
relating to objections to nomination papers, hearings on |
26 |
| objections, and
judicial review shall also apply to and govern |
|
|
|
09600HB0016sam001 |
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LRB096 03239 NHT 39996 a |
|
|
1 |
| objections to nomination papers
and resolutions for filling |
2 |
| vacancies in nomination filed pursuant to this
Section. Unless |
3 |
| otherwise specified in this Section, the nomination and
|
4 |
| election provided for in this Section is governed by the |
5 |
| general election
law.
|
6 |
| Except as otherwise provided by applicable county |
7 |
| ordinance or by law, if
a vacancy occurs in the office of |
8 |
| regional superintendent of schools of an
educational service |
9 |
| region that is located in a county that is a home rule unit
and |
10 |
| that has a population of less than 2,000,000 inhabitants, that |
11 |
| vacancy
shall be filled by the county board of such home rule |
12 |
| county.
|
13 |
| Until July 1, 2003 or until the regional superintendent of |
14 |
| schools elected
in
2002 takes office, whichever occurs first, |
15 |
| if a vacancy exists in the
office of regional
superintendent of |
16 |
| schools of an educational service region that is located
in a |
17 |
| county that is a home rule unit and that has a population of
|
18 |
| 2,000,000 or more inhabitants, then that vacancy shall be |
19 |
| filled by the first
assistant superintendent/deputy |
20 |
| superintendent until the end of the
term to which the regional |
21 |
| superintendent was elected.
|
22 |
| Any person appointed to fill a vacancy in the office of
|
23 |
| regional superintendent of schools of any educational service |
24 |
| region must
possess the qualifications required to be elected |
25 |
| to the position of
regional superintendent of schools, and |
26 |
| shall obtain a certificate of
eligibility from the State |
|
|
|
09600HB0016sam001 |
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LRB096 03239 NHT 39996 a |
|
|
1 |
| Superintendent of Education and file same with
the county clerk |
2 |
| of the county in which the regional superintendent's office
is |
3 |
| located.
|
4 |
| If the regional superintendent of schools is called into |
5 |
| the active military
service of the United States, his office |
6 |
| shall not be deemed to be vacant,
but a temporary appointment |
7 |
| shall be made as in the case of a vacancy.
The appointee shall |
8 |
| perform all the duties of the regional superintendent
of |
9 |
| schools during the time the regional superintendent of schools |
10 |
| is in
the active military service of the United States, and |
11 |
| shall be paid the
same compensation apportioned as to the time |
12 |
| of service, and such appointment
and all authority thereunder |
13 |
| shall cease upon the discharge of the regional
superintendent |
14 |
| of schools from such active military service. The appointee
|
15 |
| shall give the same bond as is required of a regularly elected |
16 |
| regional
superintendent of schools.
|
17 |
| (Source: P.A. 92-277, eff. 8-7-01; 92-869, eff. 1-3-03.)
|
18 |
| (105 ILCS 5/4-2) (from Ch. 122, par. 4-2) |
19 |
| Sec. 4-2. Office and supplies. Provide for the county |
20 |
| superintendent of
schools a suitable office with necessary |
21 |
| furniture and office supplies. |
22 |
| On and after July 1, 1994, the provisions of this Section |
23 |
| shall have
no application in any county having a population of |
24 |
| 2,000,000 or more
inhabitants. |
25 |
| (Source: P.A. 87-654; 87-1251.) |
|
|
|
09600HB0016sam001 |
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LRB096 03239 NHT 39996 a |
|
|
1 |
| (105 ILCS 5/4-4) (from Ch. 122, par. 4-4) |
2 |
| Sec. 4-4. Traveling expenses. Allow, when they deem it |
3 |
| proper, reasonable
traveling expenses for the office of county |
4 |
| superintendent of schools. |
5 |
| On and after July 1, 1994, the provisions of this Section |
6 |
| shall have
no application in any county having a population of |
7 |
| 2,000,000 or more
inhabitants. |
8 |
| (Source: P.A. 87-654; 87-1251.) |
9 |
| (105 ILCS 5/4-6) (from Ch. 122, par. 4-6) |
10 |
| Sec. 4-6. Employment of assistants. Authorize the county |
11 |
| superintendent
of schools to employ such assistants as he needs |
12 |
| for the discharge of his
duties and fix the compensation |
13 |
| thereof, which compensation shall be paid
out of the county |
14 |
| treasury. |
15 |
| On and after July 1, 1994, the provisions of this Section |
16 |
| shall have no
application in any county having a population of |
17 |
| 2,000,000 or more inhabitants. |
18 |
| (Source: P.A. 87-654; 87-1251.) |
19 |
| (105 ILCS 5/4-7) (from Ch. 122, par. 4-7) |
20 |
| Sec. 4-7. Examination of financial statements. |
21 |
| (a) Examine the financial statements of the county |
22 |
| superintendent of
schools required by Section 15-21 and compare |
23 |
| them with vouchers. |
|
|
|
09600HB0016sam001 |
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LRB096 03239 NHT 39996 a |
|
|
1 |
| (b) The county board, or so many thereof as are present at
|
2 |
| its meeting, shall be liable individually to the fund injured |
3 |
| and to the
sureties of the county superintendent, if judgment |
4 |
| is recovered from the
sureties, for all damages occasioned by |
5 |
| neglect of the duties, or any of
them, required of the board by |
6 |
| this section; but nothing herein shall be
construed to exempt |
7 |
| the sureties and they shall remain liable to the fund
injured |
8 |
| the same as if the members of the county board were not liable |
9 |
| to
them for neglect of their duty. On and after July 1, 1994, |
10 |
| the
provisions of this subsection (b) shall have no application |
11 |
| in any county
having a population of 2,000,000 or more |
12 |
| inhabitants. |
13 |
| (Source: P.A. 87-654; 87-1251.) |
14 |
| (105 ILCS 5/4-8) (from Ch. 122, par. 4-8) |
15 |
| Sec. 4-8. Bond -- approval -- increase. Approve the bond of |
16 |
| the county
superintendent of schools, and increase the penalty |
17 |
| thereof if, in its
judgment the penalty should be increased. |
18 |
| On and after July 1, 1994, the provisions of this Section |
19 |
| shall have no
application in any county having a population of |
20 |
| 2,000,000 or more inhabitants. |
21 |
| (Source: P.A. 87-654; 87-1251.) |
22 |
| (105 ILCS 5/4-9) (from Ch. 122, par. 4-9) |
23 |
| Sec. 4-9. New bond. Require the county superintendent of |
24 |
| schools, after
notice given, to execute a new bond, conditioned |
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|
|
09600HB0016sam001 |
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LRB096 03239 NHT 39996 a |
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|
1 |
| and approved as the first
bond, whenever it deems a new bond |
2 |
| necessary, but the execution of such new
bond shall not affect |
3 |
| the old bond or the liability of the sureties thereon. |
4 |
| On and after July 1, 1994, the provisions of this Section |
5 |
| shall have no
application in any county having a population of |
6 |
| 2,000,000 or more inhabitants. |
7 |
| (Source: P.A. 87-654; 87-1251.) |
8 |
| (105 ILCS 5/4-10) (from Ch. 122, par. 4-10) |
9 |
| Sec. 4-10. Reports -- Removal from office. |
10 |
| (a) Require the county superintendent of schools to make |
11 |
| the reports
to it provided for by law. |
12 |
| (b) Remove the county superintendent of schools from
office |
13 |
| in case of neglect or refusal so to do, or for any palpable
|
14 |
| violation of law or omission of duty. On and after July 1, |
15 |
| 1994, the
provisions of this subsection (b) shall have no |
16 |
| application in any county
having a population of 2,000,000 or |
17 |
| more inhabitants. |
18 |
| (Source: P.A. 87-654; 87-1251.) |
19 |
| (105 ILCS 5/3A-17 rep.) |
20 |
| Section 10. The School Code is amended by repealing Section |
21 |
| 3A-17.
|
22 |
| Section 99. Effective date. This Act takes effect July 1, |
23 |
| 2010.".
|