Full Text of SB2324 103rd General Assembly
SB2324ham002 103RD GENERAL ASSEMBLY | Rep. Ann M. Williams Filed: 11/9/2023 | | 10300SB2324ham002 | | LRB103 27160 JDS 65395 a |
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| 1 | | AMENDMENT TO SENATE BILL 2324
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2324, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following: | 5 | | "Section 5. If and only if Senate Bill 689 of the 103rd | 6 | | General Assembly becomes law in the form it passed the House on | 7 | | November 8, 2023, then the School Code is amended by changing | 8 | | Sections 34-3 and 34-4 as follows: | 9 | | (105 ILCS 5/34-3) (from Ch. 122, par. 34-3) | 10 | | Sec. 34-3. Chicago School Reform Board of Trustees; new | 11 | | Chicago Board of Education; members; term; vacancies. | 12 | | (a) Within 30 days after the effective date of this | 13 | | amendatory Act of 1995, the terms of all members of the Chicago | 14 | | Board of Education holding office on that date are abolished | 15 | | and the Mayor shall appoint, without the consent or approval | 16 | | of the City Council, a 5 member Chicago School Reform Board of |
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| 1 | | Trustees which shall take office upon the appointment of the | 2 | | fifth member. The Chicago School Reform Board of Trustees and | 3 | | its members shall serve until, and the terms of all members of | 4 | | the Chicago School Reform Board of Trustees shall expire on, | 5 | | June 30, 1999 or upon the appointment of a new Chicago Board of | 6 | | Education as provided in subsection (b), whichever is later. | 7 | | Any vacancy in the membership of the Trustees shall be filled | 8 | | through appointment by the Mayor, without the consent or | 9 | | approval of the City Council, for the unexpired term. One of | 10 | | the members appointed by the Mayor to the Trustees shall be | 11 | | designated by the Mayor to serve as President of the Trustees. | 12 | | The Mayor shall appoint a full-time, compensated chief | 13 | | executive officer, and his or her compensation as such chief | 14 | | executive officer shall be determined by the Mayor. The Mayor, | 15 | | at his or her discretion, may appoint the President to serve | 16 | | simultaneously as the chief executive officer. | 17 | | (b) This subsection applies until January 15, 2025. Within | 18 | | 30 days before the expiration of the terms of the members of | 19 | | the Chicago Reform Board of Trustees as provided in subsection | 20 | | (a), a new Chicago Board of Education consisting of 7 members | 21 | | shall be appointed by the Mayor to take office on the later of | 22 | | July 1, 1999 or the appointment of the seventh member. Three of | 23 | | the members initially so appointed under this subsection shall | 24 | | serve for terms ending June 30, 2002, 4 of the members | 25 | | initially so appointed under this subsection shall serve for | 26 | | terms ending June 30, 2003, and each member initially so |
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| 1 | | appointed shall continue to hold office until his or her | 2 | | successor is appointed and qualified. | 3 | | (b-5) On January 15, 2025, the terms of all members of the | 4 | | Chicago Board of Education appointed under subsection (b) are | 5 | | abolished when the new board, consisting of 21 members, is | 6 | | appointed by the Mayor and elected by the electors of the | 7 | | school district as provided under subsections (b-10) and | 8 | | (b-15) and takes office. | 9 | | (b-10) By December 16, 2024, the Mayor shall appoint a | 10 | | President of the board for a 2-year term that begins January | 11 | | 15, 2025. The board shall elect annually from its number a | 12 | | vice-president, in such manner and at such time as the board | 13 | | determines by its rules. The president appointed by the Mayor | 14 | | and vice-president elected by the board shall each perform the | 15 | | duties imposed upon their respective office by the rules of | 16 | | the board, provided that (i) the president shall preside at | 17 | | meetings of the board and shall only have voting rights to | 18 | | break a voting tie of the other Chicago Board of Education | 19 | | elected and appointed members and (ii) the vice-president | 20 | | shall perform the duties of the president if that office is | 21 | | vacant or the president is absent or unable to act. Beginning | 22 | | with the 2026 general election, one member shall be elected at | 23 | | large and serve as the president of the board for a 4-year term | 24 | | that begins January 15, 2027. On and after January 15, 2027, | 25 | | the president shall preside at meetings of the board and vote | 26 | | as any other member but have no power of veto. The secretary of |
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| 1 | | the Board shall be selected by the Board and shall be an | 2 | | employee of the Board rather than a member of the Board, | 3 | | notwithstanding subsection (d) of Section 34-3.3. The duties | 4 | | of the secretary shall be imposed by the rules of the Board. | 5 | | (b-15) For purposes of selection of members of the Chicago | 6 | | Board of Education, the City of Chicago shall be divided into | 7 | | 10 districts, and each of those 10 districts shall be | 8 | | subdivided into 2 subdistricts as provided in subsection (a) | 9 | | of Section 34-21.10. | 10 | | Until January 15, 2027, each district shall be represented | 11 | | by one member who is elected at the 2024 general election to a | 12 | | 2-year term that begins January 15, 2025 and one member who is | 13 | | appointed by the Mayor by no later than December 16, 2024 to a | 14 | | 2-year term that begins January 15, 2025. Each elected member | 15 | | shall reside within the district that the member represents, | 16 | | and each appointed member shall reside both within the | 17 | | district that the member represents and outside of the | 18 | | subdistrict within which the elected member of the district | 19 | | resides. | 20 | | Beginning January 15, 2027, each subdistrict shall be | 21 | | represented by one member who is elected at the 2026 general | 22 | | election. If a member is elected at the 2026 general election | 23 | | to fill the expired term of an appointed member, then the | 24 | | elected member shall serve a 2-year term that begins January | 25 | | 15, 2027. If a member is elected at the 2026 general election | 26 | | to fill the expired term of an elected member, then the member |
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| 1 | | shall serve a 4-year term that begins January 15, 2027. | 2 | | If a member is elected at the 2026 general election to | 3 | | serve a 2-year term, then the member elected at the 2028 | 4 | | general election shall serve a 4-year term that begins January | 5 | | 15, 2029. If a member is elected at the 2026 general election | 6 | | to serve a 4-year term, then the member elected in that | 7 | | subdistrict at the 2030 general election shall serve a 2-year | 8 | | term that begins January 15, 2031. | 9 | | Beginning with the members elected at the 2032 general | 10 | | election, the members of each subdistrict shall serve two | 11 | | 4-year terms and one 2-year term for each 10-year period | 12 | | thereafter. As determined by lot, the terms of the members | 13 | | representing the subdistricts shall be the following: | 14 | | (1) the members representing 7 subdistricts shall be | 15 | | elected for one 2-year term, followed by two 4-year terms; | 16 | | (2) the members representing 7 subdistricts shall be | 17 | | elected for one 4-year term, followed by one 2-year term, | 18 | | and then one 4-year term; and | 19 | | (3) the members representing 6 subdistricts shall be | 20 | | elected for two 4-year terms, followed by one 2-year term. | 21 | | Each elected member shall reside within the subdistrict | 22 | | that the member represents. | 23 | | (b-20) All elected and appointed members shall serve until | 24 | | a successor is appointed or elected and qualified. | 25 | | Whenever there is a vacancy in the office of an appointed | 26 | | board member, the Mayor shall appoint a successor who has the |
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| 1 | | same qualifications as the member's predecessor to fill the | 2 | | vacancy for the remainder of the unexpired term. | 3 | | Whenever there is a vacancy in the office of an elected | 4 | | board member, the President of the Board shall notify the | 5 | | Mayor of the vacancy within 7 days after its occurrence and | 6 | | shall, within 30 days, fill the vacancy for the remainder of | 7 | | the unexpired term by majority vote of the remaining board | 8 | | members. The successor to the elected member shall have the | 9 | | same qualifications as the member's predecessor. | 10 | | (b-30) The provisions of Section 10-9 of this Code apply | 11 | | to school board members when the Board is considering any | 12 | | contract, work, or business of the district, and the | 13 | | provisions of the Public Officer Prohibited Activities Act | 14 | | that apply to persons holding elected or appointed public | 15 | | office also apply to members of the Chicago Board of | 16 | | Education, notwithstanding any other provision of this Code or | 17 | | any law to the contrary. No member shall have a contract with | 18 | | the school district or be an owner or partial owner of a | 19 | | company that has a contract with the school district. Members | 20 | | must publicly disclose whether they have a financial interest | 21 | | in any matter before the Board and recuse themselves from | 22 | | deliberations and abstain from voting on the matter. No Board | 23 | | member may be hired by the school district in any capacity for | 24 | | a period of one year after terminating service as a member of | 25 | | the Board. In addition, during that year, the member cannot | 26 | | enter into any contracts or agreements with the school |
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| 1 | | district. | 2 | | (c) The board may appoint a student to the board to serve | 3 | | in an advisory capacity. The student member shall serve for a | 4 | | term as determined by the board. The board may not grant the | 5 | | student member any voting privileges, but shall consider the | 6 | | student member as an advisor. The student member may not | 7 | | participate in or attend any executive session of the board. | 8 | | (Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21; | 9 | | 10300SB0689ham002.) | 10 | | (105 ILCS 5/34-4) (from Ch. 122, par. 34-4) | 11 | | Sec. 34-4. Eligibility. To be eligible for election or | 12 | | appointment to the board, a person shall be a citizen of the | 13 | | United States, shall be a registered voter as provided in the | 14 | | Election Code, shall have been, for a period of one year | 15 | | immediately before election or appointment, a resident of the | 16 | | city, district, and subdistrict that the member represents, | 17 | | and shall not be a child sex offender as defined in Section | 18 | | 11-9.3 of the Criminal Code of 2012. A person is ineligible for | 19 | | election or appointment to the board if that person is not in | 20 | | compliance with the provisions of Section 10-9 as referenced | 21 | | in Section 34-3 is an employee of the school district . For the | 22 | | 2024 general election, all persons eligible for election to | 23 | | the board shall be nominated by a petition signed by at least | 24 | | 1,000 but not more than 3,000 of the voters residing within the | 25 | | electoral district on a petition in order to be placed on the |
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| 1 | | ballot. For the 2026 general election and general elections | 2 | | thereafter, persons eligible for election to the board shall | 3 | | be nominated by a petition signed by at least 500 but no more | 4 | | than 1,500 voters residing within the subdistrict on a | 5 | | petition in order to be placed on the ballot, except that | 6 | | persons eligible for election to the board at large shall be | 7 | | nominated by a petition signed by no less than 2,500 voters | 8 | | residing within the city. Any registered voter may sign a | 9 | | nominating petition, irrespective of any partisan petition the | 10 | | voter signs or may sign. For the 2024 general election only, | 11 | | the petition circulation period shall begin on March 26, 2024, | 12 | | and the filing period shall be from June 17, 2024 to June 24, | 13 | | 2024. Permanent removal from the city by any member of the | 14 | | board during his term of office constitutes a resignation | 15 | | therefrom and creates a vacancy in the board. Board members | 16 | | shall serve without any compensation; however, board members | 17 | | shall be reimbursed for expenses incurred while in the | 18 | | performance of their duties upon submission of proper receipts | 19 | | or upon submission of a signed voucher in the case of an | 20 | | expense allowance evidencing the amount of such reimbursement | 21 | | or allowance to the president of the board for verification | 22 | | and approval. Board members shall not hold other public office | 23 | | under the Federal, State or any local government other than | 24 | | that of Director of the Regional Transportation Authority, | 25 | | member of the economic development commission of a city having | 26 | | a population exceeding 500,000, notary public or member of the |
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| 1 | | National Guard, and by accepting any such office while members | 2 | | of the board, or by not resigning any such office held at the | 3 | | time of being elected or appointed to the board within 30 days | 4 | | after such election or appointment, shall be deemed to have | 5 | | vacated their membership in the board. | 6 | | (Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21; | 7 | | 10300SB0689ham002.) | 8 | | Section 99. Effective date. This Act takes effect June 1, | 9 | | 2024.". |
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