Full Text of SB2385 99th General Assembly
SB2385 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2385 Introduced 2/3/2016, by Sen. Napoleon Harris, III 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 | |
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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. Provides that successor Inspectors General shall be appointed by the Board instead of the Mayor.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 34-3, 34-4, and 34-13.1 as follows:
| 6 | | (105 ILCS 5/34-3) (from Ch. 122, par. 34-3)
| 7 | | Sec. 34-3. Chicago School Reform Board of Trustees; new | 8 | | Chicago Board of
Education; members; term; vacancies.
| 9 | | (a) Within 30 days after the effective date of this | 10 | | amendatory Act of
1995, the terms of all members of the Chicago | 11 | | Board of Education
holding office on that date are abolished | 12 | | and the Mayor shall appoint,
without the consent or approval of | 13 | | the City Council, a 5 member
Chicago School Reform Board of | 14 | | Trustees which shall take office upon the
appointment of the | 15 | | fifth member. The Chicago School
Reform Board of Trustees and | 16 | | its members
shall serve until, and the terms of all members of | 17 | | the Chicago School
Reform Board of Trustees shall expire on, | 18 | | June 30, 1999 or upon the
appointment of a new Chicago Board of | 19 | | Education as provided
in subsection (b), whichever is later. | 20 | | Any vacancy in the membership of
the Trustees shall be filled | 21 | | through appointment by the Mayor,
without the consent or | 22 | | approval of the City Council, for the unexpired term.
One of | 23 | | the members appointed by the Mayor to the Trustees shall
be |
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| 1 | | designated by the Mayor to serve as President of the Trustees. | 2 | | The
Mayor shall appoint a full-time, compensated
chief | 3 | | executive officer, and his or her compensation as such chief | 4 | | executive
officer shall be determined by the Mayor. The Mayor, | 5 | | at his or her discretion,
may appoint the President to serve | 6 | | simultaneously as the chief executive
officer.
| 7 | | (b) This subsection (b) applies until April 18, 2017. | 8 | | Within 30 days before the expiration of the terms of the | 9 | | members of
the Chicago Reform Board of Trustees as provided in | 10 | | subsection (a), a new
Chicago Board of Education consisting of | 11 | | 7 members shall be appointed by the
Mayor to take office on the | 12 | | later of July 1, 1999 or the appointment of the
seventh member. | 13 | | Three of the members initially so appointed under this
| 14 | | subsection shall serve for terms ending June 30, 2002, 4 of the | 15 | | members
initially so appointed under this subsection shall | 16 | | serve for terms ending
June 30, 2003, and each member initially | 17 | | so appointed shall continue to hold
office until his or her | 18 | | successor is appointed and qualified. Thereafter at
the | 19 | | expiration of the term of any member a successor
shall be | 20 | | appointed by the Mayor and shall hold office for a term of 4 | 21 | | years,
from July 1 of the year in which the term commences and | 22 | | until a successor
is appointed and qualified. Any vacancy in | 23 | | the membership of the Chicago Board
of Education shall be | 24 | | filled through appointment by the Mayor for the
unexpired term. | 25 | | No appointment to membership on the
Chicago Board of Education | 26 | | that is made by the Mayor under
this subsection shall require |
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| 1 | | the approval of the City
Council, whether the appointment is | 2 | | made for a full term or to fill a vacancy
for an unexpired term | 3 | | on the Board. | 4 | | (b-5) On April 18, 2017, the terms of all members of the | 5 | | Chicago Board of Education appointed under subsection (b) of | 6 | | this Section are abolished when the new board, consisting of 7 | 7 | | members, is elected at large by the electors of the school | 8 | | district as provided in this subsection (b-5) and takes office. | 9 | | Beginning on April 18, 2017, the school district shall be | 10 | | governed by a school board consisting of 7 members. An election | 11 | | shall be held at the consolidated election in April of 2017 and | 12 | | every second year thereafter. Each member shall be elected for | 13 | | a term of 4 years, commencing on the second Tuesday in April of | 14 | | the year in which the member is elected, and until the member's | 15 | | successor is elected and has qualified, except that members of | 16 | | the board elected to terms commencing on April 18, 2017 shall | 17 | | organize on the date their terms commence, and on that date | 18 | | shall determine by lot 4 to serve for terms of 4 years and 3 to | 19 | | serve for terms of 2 years. | 20 | | On April 18, 2017 and within 28 days after each | 21 | | consolidated election thereafter, the board shall organize by | 22 | | electing its officers and fixing a time and place for the | 23 | | regular meetings. Upon organizing itself as provided in this | 24 | | subsection (b-5), the board shall enter upon the discharge of | 25 | | its duties. | 26 | | Nomination papers filed under this Section are not valid |
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| 1 | | unless the candidate named therein files with the secretary of | 2 | | the board or with a person designated by the board to receive | 3 | | nominating petitions a receipt
from the county clerk showing | 4 | | that the candidate has filed a statement of
economic interests | 5 | | as required by the Illinois Governmental Ethics Act. The | 6 | | receipt shall be so filed either previously during the calendar | 7 | | year
in which the nomination papers were filed or within the | 8 | | period for the filing of nomination papers in accordance with | 9 | | the general election law. | 10 | | Whenever a vacancy in the board occurs, the remaining | 11 | | members of the board shall notify the Mayor of that vacancy | 12 | | within 5 days after its occurrence and shall proceed to fill | 13 | | the vacancy until the next regular school election, at which | 14 | | election a successor shall be elected to serve the
remainder of | 15 | | the unexpired term. However, if the vacancy occurs with less | 16 | | than 28 months remaining in the term or if the vacancy occurs | 17 | | less than 88 days before the next regular school election, then | 18 | | the person so appointed shall serve the remainder of the | 19 | | unexpired term, and no election to fill the vacancy shall be | 20 | | held. The successor shall have the same residential and other | 21 | | qualifications as his or her predecessor. Should the remaining | 22 | | board members fail so to act within 45 days after the vacancy | 23 | | occurs, the Mayor shall within 30 days after the
remaining | 24 | | members have failed to fill the vacancy, fill the vacancy as
| 25 | | provided for herein. Upon the Mayor's failure to fill the
| 26 | | vacancy, the vacancy shall be filled at the next regular school
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| 1 | | election. The successor shall have the same residential and | 2 | | other
qualifications as his or her predecessor. | 3 | | (b-10) The board shall elect annually from its
number a | 4 | | president and vice-president, in such
manner and at such
time | 5 | | as the board determines by its rules. The officers so elected | 6 | | shall each
perform the duties imposed upon their respective | 7 | | office by the rules of the
board, provided that (i) the | 8 | | president shall preside at meetings of the board
and vote as | 9 | | any other member but have no power of veto, and (ii) the vice
| 10 | | president shall perform the duties of the president if that | 11 | | office is vacant or
the president is absent or unable to act.
| 12 | | The secretary of the Board shall be selected by the Board and | 13 | | shall be an
employee of the Board rather than a member of the | 14 | | Board, notwithstanding
subsection (d) of Section 34-3.3. The | 15 | | duties of the secretary shall be
imposed by the rules of the | 16 | | Board.
| 17 | | (c) The board may appoint a student to the board to serve | 18 | | in an advisory capacity. The student member shall serve for a | 19 | | term as determined by the board. The board may not grant the | 20 | | student member any voting privileges, but shall consider the | 21 | | student member as an advisor. The student member may not | 22 | | participate in or attend any executive session of the board.
| 23 | | (Source: P.A. 94-231, eff. 7-14-05.)
| 24 | | (105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
| 25 | | Sec. 34-4. Eligibility. To be eligible for election |
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| 1 | | appointment to the board, a
person shall be a citizen of the | 2 | | United States, shall be a registered voter
as provided in the | 3 | | Election Code, shall have been a resident of the city for at
| 4 | | least 3 years immediately
preceding his or her election | 5 | | appointment , and shall not be a child sex offender
as defined | 6 | | in Section 11-9.3 of the
Criminal Code of 2012. Permanent | 7 | | removal from the city by any member of
the board during his | 8 | | term of office constitutes a resignation therefrom and
creates | 9 | | a vacancy in the board. Except for the President of the Chicago
| 10 | | School Reform Board of Trustees who may be paid compensation | 11 | | for his or her
services as chief executive officer as | 12 | | determined by the Mayor as provided in
subsection (a) of | 13 | | Section 34-3, board members shall serve without any
| 14 | | compensation; provided, that board members shall be reimbursed | 15 | | for expenses
incurred while in the performance of their duties | 16 | | upon submission of proper
receipts or upon submission of a | 17 | | signed voucher in the case of an expense
allowance evidencing | 18 | | the amount of such reimbursement or allowance to the
president | 19 | | of the board for verification and approval. The board of
| 20 | | education may continue to provide health care insurance | 21 | | coverage, employer
pension contributions, employee pension | 22 | | contributions, and life insurance
premium payments for an | 23 | | employee required to resign from
an administrative, teaching, | 24 | | or career service position in order to qualify
as a member of | 25 | | the board of education. They shall not hold other public
office | 26 | | under the Federal, State or any local government other than |
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| 1 | | that of
Director of the Regional Transportation Authority, | 2 | | member of the economic
development commission of a city having | 3 | | a population exceeding 500,000,
notary public or member of the | 4 | | National Guard, and by accepting any such
office while members | 5 | | of the board, or by not resigning any such office held
at the | 6 | | time of being elected appointed to the board within 30 days | 7 | | after such election
appointment , shall be deemed to have | 8 | | vacated their membership in the board.
| 9 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 10 | | (105 ILCS 5/34-13.1)
| 11 | | Sec. 34-13.1. Inspector General.
| 12 | | (a) The Inspector General and his office in existence on | 13 | | the effective date
of this amendatory Act of 1995 shall be | 14 | | transferred to the jurisdiction of the
board upon appointment | 15 | | of the Chicago School Reform Board of Trustees. The
Inspector | 16 | | General shall have the authority
to conduct investigations into | 17 | | allegations of or incidents of waste, fraud, and
financial | 18 | | mismanagement in public education within the jurisdiction of | 19 | | the
board by a local school council
member or an
employee, | 20 | | contractor, or member of the board or involving
school projects
| 21 | | managed or handled by the Public Building Commission. The | 22 | | Inspector General
shall make recommendations to the board about | 23 | | the
investigations.
The Inspector General in office on the | 24 | | effective date of this amendatory Act
of 1996 shall serve for a | 25 | | term expiring on June 30, 1998. His or her
successors in office |
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| 1 | | shall each be appointed by the Mayor, without the consent
or | 2 | | approval of the City Council, for 4 year terms expiring on June | 3 | | 30th of an
even numbered year ; however, beginning on April 18, | 4 | | 2017, successors shall be appointed by the board instead of the | 5 | | Mayor .
If the Inspector General leaves office or if a vacancy | 6 | | in that office otherwise occurs, the
Mayor shall appoint, | 7 | | without the consent or
approval of the City Council, a | 8 | | successor to serve under this Section for the
remainder of the | 9 | | unexpired term ; however, beginning on April 18, 2017, | 10 | | successors shall be appointed by the board instead of the | 11 | | Mayor . The
Inspector General shall be independent of the | 12 | | operations of the board and
the School Finance Authority, and | 13 | | shall perform other duties requested by the
board.
| 14 | | (b) The Inspector General shall have access to all
| 15 | | information and personnel necessary to perform the duties of | 16 | | the
office. If the Inspector General determines that a possible
| 17 | | criminal act has been committed or that special expertise is
| 18 | | required in the investigation, he or she shall immediately | 19 | | notify
the Chicago Police Department and the Cook County | 20 | | State's
Attorney. All investigations conducted by the | 21 | | Inspector General
shall be conducted in a manner that ensures | 22 | | the preservation of
evidence for use in criminal prosecutions.
| 23 | | (c) At all times the Inspector General shall be granted
| 24 | | access to any building or facility that is owned, operated, or
| 25 | | leased by the board, the Public Building Commission, or the
| 26 | | city in trust
and for the use and benefit of the schools of the |
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| 1 | | district.
| 2 | | (d) The Inspector General shall have the power to subpoena
| 3 | | witnesses and compel the production of books and papers | 4 | | pertinent
to an investigation authorized by this Code. Any | 5 | | person who (1)
fails to appear in response to a subpoena; (2) | 6 | | fails to answer
any question; (3) fails to produce any books or | 7 | | papers pertinent
to an investigation under this Code; or (4) | 8 | | knowingly gives
false testimony during an investigation under | 9 | | this Code, is
guilty of a Class A misdemeanor.
| 10 | | (e) The Inspector General shall provide to the board and
| 11 | | the Illinois General Assembly a summary of reports and
| 12 | | investigations made under this Section for the previous fiscal
| 13 | | year no later than January 1 of each year, except that the | 14 | | Inspector General
shall provide the summary of reports and | 15 | | investigations made under this Section
for the period | 16 | | commencing July 1, 1998 and ending April 30, 1999 no later than
| 17 | | May 1, 1999. The summaries shall detail the final disposition | 18 | | of those
recommendations. The summaries shall not contain any | 19 | | confidential or
identifying information concerning the | 20 | | subjects of the reports and
investigations. The summaries shall | 21 | | also include detailed recommended
administrative actions and | 22 | | matters for consideration by the General Assembly.
| 23 | | (f) (Blank).
| 24 | | (g) (Blank).
| 25 | | (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)
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