Public Act 096-0893
 
HB0016 Enrolled LRB096 03239 NHT 13256 b

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

Effective Date: 7/1/2010