Rep. Ann M. Williams

Filed: 11/9/2023

 

 


 

 


 
10300SB2324ham002LRB103 27160 JDS 65395 a

1
AMENDMENT TO SENATE BILL 2324

2    AMENDMENT NO. ______. Amend Senate Bill 2324, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. If and only if Senate Bill 689 of the 103rd
6General Assembly becomes law in the form it passed the House on
7November 8, 2023, then the School Code is amended by changing
8Sections 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
11Chicago Board of Education; members; term; vacancies.
12    (a) Within 30 days after the effective date of this
13amendatory Act of 1995, the terms of all members of the Chicago
14Board of Education holding office on that date are abolished
15and the Mayor shall appoint, without the consent or approval
16of the City Council, a 5 member Chicago School Reform Board of

 

 

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1Trustees which shall take office upon the appointment of the
2fifth member. The Chicago School Reform Board of Trustees and
3its members shall serve until, and the terms of all members of
4the Chicago School Reform Board of Trustees shall expire on,
5June 30, 1999 or upon the appointment of a new Chicago Board of
6Education as provided in subsection (b), whichever is later.
7Any vacancy in the membership of the Trustees shall be filled
8through appointment by the Mayor, without the consent or
9approval of the City Council, for the unexpired term. One of
10the members appointed by the Mayor to the Trustees shall be
11designated by the Mayor to serve as President of the Trustees.
12The Mayor shall appoint a full-time, compensated chief
13executive officer, and his or her compensation as such chief
14executive officer shall be determined by the Mayor. The Mayor,
15at his or her discretion, may appoint the President to serve
16simultaneously as the chief executive officer.
17    (b) This subsection applies until January 15, 2025. Within
1830 days before the expiration of the terms of the members of
19the Chicago Reform Board of Trustees as provided in subsection
20(a), a new Chicago Board of Education consisting of 7 members
21shall be appointed by the Mayor to take office on the later of
22July 1, 1999 or the appointment of the seventh member. Three of
23the members initially so appointed under this subsection shall
24serve for terms ending June 30, 2002, 4 of the members
25initially so appointed under this subsection shall serve for
26terms ending June 30, 2003, and each member initially so

 

 

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1appointed shall continue to hold office until his or her
2successor is appointed and qualified.
3    (b-5) On January 15, 2025, the terms of all members of the
4Chicago Board of Education appointed under subsection (b) are
5abolished when the new board, consisting of 21 members, is
6appointed by the Mayor and elected by the electors of the
7school 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
10President of the board for a 2-year term that begins January
1115, 2025. The board shall elect annually from its number a
12vice-president, in such manner and at such time as the board
13determines by its rules. The president appointed by the Mayor
14and vice-president elected by the board shall each perform the
15duties imposed upon their respective office by the rules of
16the board, provided that (i) the president shall preside at
17meetings of the board and shall only have voting rights to
18break a voting tie of the other Chicago Board of Education
19elected and appointed members and (ii) the vice-president
20shall perform the duties of the president if that office is
21vacant or the president is absent or unable to act. Beginning
22with the 2026 general election, one member shall be elected at
23large and serve as the president of the board for a 4-year term
24that begins January 15, 2027. On and after January 15, 2027,
25the president shall preside at meetings of the board and vote
26as any other member but have no power of veto. The secretary of

 

 

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1the Board shall be selected by the Board and shall be an
2employee of the Board rather than a member of the Board,
3notwithstanding subsection (d) of Section 34-3.3. The duties
4of the secretary shall be imposed by the rules of the Board.
5    (b-15) For purposes of selection of members of the Chicago
6Board of Education, the City of Chicago shall be divided into
710 districts, and each of those 10 districts shall be
8subdivided into 2 subdistricts as provided in subsection (a)
9of Section 34-21.10.
10    Until January 15, 2027, each district shall be represented
11by one member who is elected at the 2024 general election to a
122-year term that begins January 15, 2025 and one member who is
13appointed by the Mayor by no later than December 16, 2024 to a
142-year term that begins January 15, 2025. Each elected member
15shall reside within the district that the member represents,
16and each appointed member shall reside both within the
17district that the member represents and outside of the
18subdistrict within which the elected member of the district
19resides.
20    Beginning January 15, 2027, each subdistrict shall be
21represented by one member who is elected at the 2026 general
22election. If a member is elected at the 2026 general election
23to fill the expired term of an appointed member, then the
24elected member shall serve a 2-year term that begins January
2515, 2027. If a member is elected at the 2026 general election
26to fill the expired term of an elected member, then the member

 

 

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1shall serve a 4-year term that begins January 15, 2027.
2    If a member is elected at the 2026 general election to
3serve a 2-year term, then the member elected at the 2028
4general election shall serve a 4-year term that begins January
515, 2029. If a member is elected at the 2026 general election
6to serve a 4-year term, then the member elected in that
7subdistrict at the 2030 general election shall serve a 2-year
8term that begins January 15, 2031.
9    Beginning with the members elected at the 2032 general
10election, the members of each subdistrict shall serve two
114-year terms and one 2-year term for each 10-year period
12thereafter. As determined by lot, the terms of the members
13representing 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
22that the member represents.
23    (b-20) All elected and appointed members shall serve until
24a successor is appointed or elected and qualified.
25    Whenever there is a vacancy in the office of an appointed
26board member, the Mayor shall appoint a successor who has the

 

 

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1same qualifications as the member's predecessor to fill the
2vacancy for the remainder of the unexpired term.
3    Whenever there is a vacancy in the office of an elected
4board member, the President of the Board shall notify the
5Mayor of the vacancy within 7 days after its occurrence and
6shall, within 30 days, fill the vacancy for the remainder of
7the unexpired term by majority vote of the remaining board
8members. The successor to the elected member shall have the
9same qualifications as the member's predecessor.
10    (b-30) The provisions of Section 10-9 of this Code apply
11to school board members when the Board is considering any
12contract, work, or business of the district, and the
13provisions of the Public Officer Prohibited Activities Act
14that apply to persons holding elected or appointed public
15office also apply to members of the Chicago Board of
16Education, notwithstanding any other provision of this Code or
17any law to the contrary. No member shall have a contract with
18the school district or be an owner or partial owner of a
19company that has a contract with the school district. Members
20must publicly disclose whether they have a financial interest
21in any matter before the Board and recuse themselves from
22deliberations and abstain from voting on the matter. No Board
23member may be hired by the school district in any capacity for
24a period of one year after terminating service as a member of
25the Board. In addition, during that year, the member cannot
26enter into any contracts or agreements with the school

 

 

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1district.
2    (c) The board may appoint a student to the board to serve
3in an advisory capacity. The student member shall serve for a
4term as determined by the board. The board may not grant the
5student member any voting privileges, but shall consider the
6student member as an advisor. The student member may not
7participate 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;
910300SB0689ham002.)
 
10    (105 ILCS 5/34-4)  (from Ch. 122, par. 34-4)
11    Sec. 34-4. Eligibility. To be eligible for election or
12appointment to the board, a person shall be a citizen of the
13United States, shall be a registered voter as provided in the
14Election Code, shall have been, for a period of one year
15immediately before election or appointment, a resident of the
16city, district, and subdistrict that the member represents,
17and shall not be a child sex offender as defined in Section
1811-9.3 of the Criminal Code of 2012. A person is ineligible for
19election or appointment to the board if that person is not in
20compliance with the provisions of Section 10-9 as referenced
21in Section 34-3 is an employee of the school district. For the
222024 general election, all persons eligible for election to
23the board shall be nominated by a petition signed by at least
241,000 but not more than 3,000 of the voters residing within the
25electoral district on a petition in order to be placed on the

 

 

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1ballot. For the 2026 general election and general elections
2thereafter, persons eligible for election to the board shall
3be nominated by a petition signed by at least 500 but no more
4than 1,500 voters residing within the subdistrict on a
5petition in order to be placed on the ballot, except that
6persons eligible for election to the board at large shall be
7nominated by a petition signed by no less than 2,500 voters
8residing within the city. Any registered voter may sign a
9nominating petition, irrespective of any partisan petition the
10voter signs or may sign. For the 2024 general election only,
11the petition circulation period shall begin on March 26, 2024,
12and the filing period shall be from June 17, 2024 to June 24,
132024. Permanent removal from the city by any member of the
14board during his term of office constitutes a resignation
15therefrom and creates a vacancy in the board. Board members
16shall serve without any compensation; however, board members
17shall be reimbursed for expenses incurred while in the
18performance of their duties upon submission of proper receipts
19or upon submission of a signed voucher in the case of an
20expense allowance evidencing the amount of such reimbursement
21or allowance to the president of the board for verification
22and approval. Board members shall not hold other public office
23under the Federal, State or any local government other than
24that of Director of the Regional Transportation Authority,
25member of the economic development commission of a city having
26a population exceeding 500,000, notary public or member of the

 

 

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1National Guard, and by accepting any such office while members
2of the board, or by not resigning any such office held at the
3time of being elected or appointed to the board within 30 days
4after such election or appointment, shall be deemed to have
5vacated their membership in the board.
6(Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21;
710300SB0689ham002.)
 
8    Section 99. Effective date. This Act takes effect June 1,
92024.".