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Full Text of SB0863  100th General Assembly

SB0863eng 100TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
51A-1, 1A-2, and 1A-2.1 as follows:
 
6    (105 ILCS 5/1A-1)  (from Ch. 122, par. 1A-1)
7    Sec. 1A-1. Members and terms.
8    (a) (Blank).
9    (b) The State Board of Education shall consist of 8 members
10and a chairperson, who shall be appointed by the Governor with
11the advice and consent of the Senate from a pattern of regional
12representation as follows: 2 appointees shall be selected from
13among those counties of the State other than Cook County and
14the 5 counties contiguous to Cook County, one of whom must
15represent the educator community; 2 appointees shall be
16selected from Cook County, one of whom shall be a resident of
17the City of Chicago and one of whom shall be a resident of that
18part of Cook County which lies outside the city limits of
19Chicago and of whom one must represent the educator community;
202 appointees shall be selected from among the 5 counties of the
21State that are contiguous to Cook County, one of whom must
22represent the educator community; and 3 members shall be
23selected as members-at-large (one of which shall be the

 

 

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1chairperson). With respect to the educator community
2appointments, no more than one member may be employed as a
3district superintendent, principal, school business official,
4or teacher and no more than one may be employed by the same
5school district or school. The changes made to this Section by
6this amendatory Act of the 100th General Assembly apply to
7appointments made after the effective date of this amendatory
8Act of the 100th General Assembly. The Governor who takes
9office on the second Monday of January after his or her
10election shall be the person who nominates members to fill
11vacancies whose terms begin after that date and before the term
12of the next Governor begins.
13    The term of each member of the State Board of Education
14whose term expires on January 12, 2005 shall instead terminate
15on the effective date of this amendatory Act of the 93rd
16General Assembly. Of these 3 seats, (i) the member initially
17appointed pursuant to this amendatory Act of the 93rd General
18Assembly whose seat was vacant on April 27, 2004 shall serve
19until the second Wednesday of January, 2009 and (ii) the other
202 members initially appointed pursuant to this amendatory Act
21of the 93rd General Assembly shall serve until the second
22Wednesday of January, 2007.
23    The term of the member of the State Board of Education
24whose seat was vacant on April 27, 2004 and whose term expires
25on January 10, 2007 shall instead terminate on the effective
26date of this amendatory Act of the 93rd General Assembly. The

 

 

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1member initially appointed pursuant to this amendatory Act of
2the 93rd General Assembly to fill this seat shall be the
3chairperson and shall serve until the second Wednesday of
4January, 2007.
5    The term of the member of the State Board of Education
6whose seat was vacant on May 28, 2004 but after April 27, 2004
7and whose term expires on January 10, 2007 shall instead
8terminate on the effective date of this amendatory Act of the
993rd General Assembly. The member initially appointed pursuant
10to this amendatory Act of the 93rd General Assembly to fill
11this seat shall serve until the second Wednesday of January,
122007.
13    The term of the other member of the State Board of
14Education whose term expires on January 10, 2007 shall instead
15terminate on the effective date of this amendatory Act of the
1693rd General Assembly. The member initially appointed pursuant
17to this amendatory Act of the 93rd General Assembly to fill
18this seat shall serve until the second Wednesday of January,
192007.
20    The term of the member of the State Board of Education
21whose term expires on January 14, 2009 and who was selected
22from among the 5 counties of the State that are contiguous to
23Cook County and is a resident of Lake County shall instead
24terminate on the effective date of this amendatory Act of the
2593rd General Assembly. The member initially appointed pursuant
26to this amendatory Act of the 93rd General Assembly to fill

 

 

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1this seat shall serve until the second Wednesday of January,
22009.
3    Upon expiration of the terms of the members initially
4appointed under this amendatory Act of the 93rd General
5Assembly and members whose terms were not terminated by this
6amendatory Act of the 93rd General Assembly, their respective
7successors shall be appointed for terms of 4 years, from the
8second Wednesday in January of each odd numbered year and until
9their respective successors are appointed and qualified.
10    (c) Of the 4 members, excluding the chairperson, whose
11terms expire on the second Wednesday of January, 2007 and every
124 years thereafter, one of those members must be an at-large
13member and at no time may more than 2 of those members be from
14one political party. Of the 4 members whose terms expire on the
15second Wednesday of January, 2009 and every 4 years thereafter,
16one of those members must be an at-large member and at no time
17may more than 2 of those members be from one political party.
18Party membership is defined as having voted in the primary of
19the party in the last primary before appointment.
20    (d) Vacancies in terms shall be filled by appointment by
21the Governor with the advice and consent of the Senate for the
22extent of the unexpired term. If a vacancy in membership occurs
23at a time when the Senate is not in session, the Governor shall
24make a temporary appointment until the next meeting of the
25Senate, when the Governor shall appoint a person to fill that
26membership for the remainder of its term. If the Senate is not

 

 

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1in session when appointments for a full term are made, the
2appointments shall be made as in the case of vacancies.
3(Source: P.A. 93-1036, eff. 9-14-04.)
 
4    (105 ILCS 5/1A-2)  (from Ch. 122, par. 1A-2)
5    Sec. 1A-2. Qualifications. The members of the State Board
6of Education shall be citizens of the United States and
7residents of the State of Illinois and shall be selected as far
8as may be practicable on the basis of their knowledge of, or
9interest and experience in, problems of public education. No
10member of the State Board of Education shall be gainfully
11employed or administratively connected with any school system,
12nor have any interest in or benefit from funds provided by the
13State Board of Education to an institution of higher learning,
14public or private, within Illinois, nor shall members they be
15members of a school board or board of school trustees of a
16public or nonpublic school, college, university or technical
17institution within Illinois. No member shall be appointed to
18more than 2 4-year terms. Members shall be reimbursed for all
19ordinary and necessary expenses incurred in performing their
20duties as members of the Board. Expenses shall be approved by
21the Board and be consistent with the laws, policies, and
22requirements of the State of Illinois regarding such
23expenditures, plus any member may include in his or her claim
24for expenses $50 per day for meeting days.
25(Source: P.A. 96-328, eff. 8-11-09.)
 

 

 

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1    (105 ILCS 5/1A-2.1)  (from Ch. 122, par. 1A-2.1)
2    Sec. 1A-2.1. Vacancies. The Governor may remove for
3incompetence, neglect of duty, or malfeasance in office any
4member of the State Board of Education. A vacancy also exists
5on the State Board of Education when one or more of the
6following events occur:
7    1. A member dies.
8    2. A member files a written resignation with the Governor.
9    3. A member is adjudicated to be a person under legal
10disability under the Probate Act of 1975 or a person subject to
11involuntary admission under the Mental Health and
12Developmental Disabilities Code.
13    4. A member ceases to be a resident of the region from
14which he or she was appointed.
15    5. A member is convicted of an infamous crime or of any
16offense involving a violation of his or her duties under this
17Code.
18    6. A member fails to maintain the qualifications stated in
19Sections 1A-1 and Section 1A-2 of this Code.
20(Source: P.A. 93-1036, eff. 9-14-04.)