SB3951 96TH GENERAL ASSEMBLY

LRB096 24006 NHT 43412 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 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 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 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 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 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 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 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.)

(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 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.)

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