093_HB0751eng

 
HB0751 Engrossed                     LRB093 05406 NHT 05496 b

 1        AN ACT concerning schools.

 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
 5    Sections 2-3.105,  3-0.01,  3-1,  3-2,  3-2.5,  3-3,  3-15.6,
 6    3-15.9, 3-15.10, 3A-2, and 3A-6 as follows:

 7        (105 ILCS 5/2-3.105) (from Ch. 122, par. 2-3.105)
 8        Sec.  2-3.105.  Services  to  educational service regions
 9    and school districts.
10        (a)  Commencing July 1, 1994 and  thereafter,  the  State
11    Board   of   Education   through  the  office  of  the  State
12    Superintendent of Education shall have and exercise,  in  and
13    with  respect  to  each  educational  service region having a
14    population of 2,000,000 or more inhabitants, and in and  with
15    respect   to   each  school  district  located  in  any  such
16    educational service region, all rights,  powers,  duties  and
17    responsibilities  theretofore  vested  in  and  exercised and
18    performed by the regional superintendent of schools  in  that
19    educational  service  region under the provisions of this Act
20    or any other law of this State.
21        (b)  Beginning July 1, 2007, the State Board of Education
22    through the office of the State Superintendent  of  Education
23    shall   have   and  exercise,  in  and  with  respect  to  an
24    educational service region serving that portion of a Class II
25    county outside a city of 500,000 or more  population  and  in
26    and  with  respect  to  each  school district located in that
27    educational service region, all rights, powers,  duties,  and
28    responsibilities  theretofore  vested  in  and  exercised and
29    performed by the regional superintendent of schools  and  the
30    regional  office  of  education  in  that educational service
31    region under the provisions of this Code or any other law  of
 
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 1    this State.
 2    (Source: P.A. 87-654; 87-895; 87-1251.)

 3        (105 ILCS 5/3-0.01) (from Ch. 122, par. 3-0.01)
 4        Sec.  3-0.01.  "County  superintendent  of  schools"  and
 5    "regional superintendent of schools" defined - Application of
 6    Article.
 7        (a)  Except  as  otherwise  provided by subsection (b) or
 8    (b-1), after the effective date of  this  amendatory  Act  of
 9    1975,  the  chief  administrative  officer  of an educational
10    service region shall be designated and  referred  to  as  the
11    "regional   superintendent   of  schools"  or  the  "regional
12    superintendent"  and  after  the  effective  date   of   this
13    amendatory   Act  of  1993  the  office  held  by  the  chief
14    administrative officer shall be designated and referred to as
15    the "regional office  of  education".  For  purposes  of  the
16    School  Code  and  except as otherwise provided by subsection
17    (b) or (b-1), any  reference  to  "county  superintendent  of
18    schools"   or  "county  superintendent"  means  the  regional
19    superintendent of schools.
20        (b)  Subject to subsection (b-1), in educational  service
21    regions  containing 2,000,000 or more inhabitants, the office
22    of regional superintendent of schools is abolished on July 1,
23    1994. On and after that  date  in  each  educational  service
24    region  in  which  the  office  of regional superintendent of
25    schools is  so  abolished  all  rights,  powers,  duties  and
26    responsibilities  theretofore vested by law in, and exercised
27    and performed by the regional superintendent of  schools  and
28    by any assistant regional superintendents or other assistants
29    or  employees in the office of the regional superintendent of
30    schools so  abolished  shall  be  vested  in,  exercised  and
31    performed  by the State Board of Education through the office
32    of the State Superintendent of Education.  Upon abolition  of
33    the  office  of  regional  superintendent  of  schools  in an
 
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 1    educational  service  region  containing  2,000,000  or  more
 2    inhabitants: (i) all books, records, maps, papers  and  other
 3    documents   belonging   to  or  subject  to  the  control  or
 4    disposition of the former regional superintendent of  schools
 5    by virtue of his office shall be transferred and delivered to
 6    the State Board of Education; (ii) possession or control over
 7    all  moneys,  deposits  and  accounts  in  the  possession or
 8    subject to the control or disposition of the former  regional
 9    superintendent  of schools by virtue of his office, including
10    but not limited to undistributed or unexpended  moneys  drawn
11    from,  and  all  amounts on deposit in, the county, institute
12    and supervisory expense funds, shall be  transferred  to  and
13    placed  under  the control and disposition of the State Board
14    of Education, excepting only those  moneys  or  accounts,  if
15    any,  the  source  of which is the county treasury; and (iii)
16    all other equipment, furnishings, supplies and other personal
17    property  belonging  to  or  subject  to   the   control   or
18    disposition  of the former regional superintendent of schools
19    by virtue of his office, excepting  only  those  items  which
20    were  provided  by the county board, shall be transferred and
21    delivered to the State Board of Education.   From  and  after
22    July  1,  1994, any reference in the School Code or any other
23    law of this State to "regional superintendent of schools"  or
24    "regional   superintendent",  or  "county  superintendent  of
25    schools" or "county superintendent" shall mean, with  respect
26    to  any  educational  service  region containing 2,000,000 or
27    more  inhabitants   in   which   the   office   of   regional
28    superintendent  of  schools  is abolished, the State Board of
29    Education  serving  through   the   office   of   the   State
30    Superintendent  of  Education  as  the  chief  administrative
31    entity  of  an educational service region. Upon and after the
32    first Monday of August 1995,  references  in  this  Code  and
33    elsewhere  to  educational  service  regions  of 2,000,000 or
34    fewer  inhabitants  shall  exclude  any  educational  service
 
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 1    region containing a city of 500,000 or more  inhabitants  and
 2    references  in this Code and elsewhere to educational service
 3    regions of  2,000,000  or  more  inhabitants  shall  mean  an
 4    educational  service  region  containing a city of 500,000 or
 5    more inhabitants regardless of the actual population  of  the
 6    region.
 7        (b-1)  Until   July  1,  2007,  references  to  "regional
 8    superintendent"   shall    also    include    the    regional
 9    superintendent  of schools in regions serving that portion of
10    a  Class  II  county  outside  a  city  of  500,000  or  more
11    population elected at the general election in 1994 and  every
12    4 years thereafter.
13        In  an educational service region serving that portion of
14    a  Class  II  county  outside  a  city  of  500,000  or  more
15    population, the office of regional superintendent of  schools
16    and  the regional office of education is abolished on July 1,
17    2007. On and after that date all rights, powers, duties,  and
18    responsibilities  theretofore  vested by law in and exercised
19    and performed by the regional superintendent of  schools  and
20    by any assistant regional superintendents or other assistants
21    or  employees in the office of the regional superintendent of
22    schools so abolished  shall  be  vested  in,  exercised,  and
23    performed  by the State Board of Education through the office
24    of the State Superintendent of Education. Upon  abolition  of
25    the  office  of  regional  superintendent  of schools and the
26    regional office of education: (i) all books,  records,  maps,
27    papers,  and  other  documents belonging to or subject to the
28    control or disposition of the former regional  superintendent
29    of  schools  and  the  regional  office of education shall be
30    transferred and delivered to the State  Board  of  Education;
31    (ii)  possession  or  control  over all moneys, deposits, and
32    accounts in the possession  or  subject  to  the  control  or
33    disposition  of the former regional superintendent of schools
34    and the regional  office  of  education,  including  but  not
 
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 1    limited  to undistributed or unexpended moneys drawn from and
 2    all  amounts  on  deposit  in  the  county,  institute,   and
 3    supervisory expense funds, shall be transferred to and placed
 4    under  the  control  and  disposition  of  the State Board of
 5    Education, excepting only those moneys or accounts,  if  any,
 6    the  source  of  which  is the county treasury; and (iii) all
 7    other equipment, furnishings, supplies,  and  other  personal
 8    property   belonging   to   or  subject  to  the  control  or
 9    disposition of the former regional superintendent of  schools
10    and  the  regional  office of education, excepting only those
11    items that were  provided  by  the  county  board,  shall  be
12    transferred and delivered to the State Board of Education.
13        Beginning July 1, 2007, any reference in this Code or any
14    other  law  of  this  State  to  "regional  superintendent of
15    schools", "regional superintendent",  "county  superintendent
16    of  schools",  or  "county  superintendent"  shall mean, with
17    respect to an educational service region serving that portion
18    of a Class II county  outside  a  city  of  500,000  or  more
19    population,  the State Board of Education serving through the
20    office of the State Superintendent of Education as the  chief
21    administrative entity of an educational service region.
22        (c)  This  Article applies to the regional superintendent
23    of a multicounty  educational  service  region  formed  under
24    Article  3A  as  well as to a single county or partial county
25    region,  except  that  in  case  of  conflict   between   the
26    provisions of this Article and of Article 3A in the case of a
27    multicounty region, the provisions of Article 3A shall apply.
28    Any  reference to "county" or to "educational service region"
29    in this Article means a regional office of education.
30    (Source: P.A. 87-654; 87-895; 87-1251; 88-89.)

31        (105 ILCS 5/3-1) (from Ch. 122, par. 3-1)
32        Sec. 3-1.  Election;  eligibility.   Quadrennially  there
33    shall  be  elected  in  every county, except those which have
 
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 1    been consolidated  into  a  multicounty  educational  service
 2    region  under Article 3A and except those having a population
 3    of 2,000,000 or more inhabitants, and beginning in 1994 until
 4    2006 in that portion of a Class II county outside a  city  of
 5    500,000  or  more inhabitants and constituting an educational
 6    service region, a regional  superintendent  of  schools,  who
 7    shall  enter  upon  the  discharge of his duties on the first
 8    Monday of August next after his election; provided,  however,
 9    that  the  term  of office of each regional superintendent of
10    schools in office on June 30, 2003 is terminated on  July  1,
11    2003,  except  that  an  incumbent regional superintendent of
12    schools shall  continue  to  serve  until  his  successor  is
13    elected  and  qualified,  and each regional superintendent of
14    schools elected at the general election  in  2002  and  every
15    four years thereafter shall assume office on the first day of
16    July  next after his election. No one is eligible to file his
17    petition at  any  primary  election  for  the  nomination  as
18    candidate  for  the  office  of  regional  superintendent  of
19    schools nor to enter upon the duties of such office either by
20    election  or  appointment  unless  he possesses the following
21    qualifications: (1) he is of good character,  (2)  he  has  a
22    master's degree, (3) he has earned at least 20 semester hours
23    of  credit  in  professional education at the graduate level,
24    (4) he holds a valid all grade supervisory certificate  or  a
25    valid state limited supervisory certificate, or a valid state
26    life  supervisory  certificate,  or  a  valid  administrative
27    certificate,  (5)  he  has had at least 4 years experience in
28    teaching, and (6) he was engaged for at least 2 years of  the
29    4  previous years in full time teaching or supervising in the
30    common public schools or serving as a  county  superintendent
31    of  schools  or  regional  superintendent  of  schools for an
32    educational service region in the State of Illinois.
33        No petition of  any  candidate  for  nomination  for  the
34    office of regional superintendent of schools may be filed and
 
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 1    no  such  candidate's  name  may  be  placed  on a primary or
 2    general election ballot, unless such candidate files as  part
 3    of  his  petition  a  certificate  from  the  State  Board of
 4    Education certifying that from the records of its office such
 5    candidate has the qualifications required  by  this  Section;
 6    however, any incumbent filing his petition for nomination for
 7    a  succeeding  term of office shall not be required to attach
 8    such certificate to his petition of candidacy.
 9        Nomination papers filed under this Section are not  valid
10    unless  the  candidate  named  therein  files with the county
11    clerk or State Board of Elections  a  statement  of  economic
12    interests  as  required  by  the Illinois Governmental Ethics
13    Act. Such receipt shall be so filed either previously  during
14    the  calendar  year in which his nomination papers were filed
15    or within the period for the filing of nomination  papers  in
16    accordance with the general election law.
17        The  changes in qualifications made by Public Act 76-1563
18    do not affect the right of an incumbent to seek reelection.
19        On and after July 1, 1994, the provisions of this Section
20    shall have no application in any educational  service  region
21    having   a  population  of  2,000,000  or  more  inhabitants;
22    provided further that no election shall be held  in  November
23    of  1994  or  at  any  other  time after July 1, 1992 for the
24    office of regional superintendent of schools in any county or
25    educational service region having a population  of  2,000,000
26    or more inhabitants.
27        Beginning  July  1,  2007,  this  Section  shall  have no
28    application in an educational  service  region  serving  that
29    portion  of  a  Class  II county outside a city of 500,000 or
30    more population, and no election shall be  held  in  2006  or
31    thereafter  for  the  office  of  regional  superintendent of
32    schools in an educational service region serving that portion
33    of a Class II county  outside  a  city  of  500,000  or  more
34    population.
 
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 1    (Source: P.A. 89-383, eff. 8-18-95; 90-280, eff. 7-31-97.)

 2        (105 ILCS 5/3-2) (from Ch. 122, par. 3-2)
 3        Sec.  3-2.  Oath  of  office  -  Bond  -  Salary.  Before
 4    entering  upon his or her duties a regional superintendent of
 5    schools shall take and subscribe the oath prescribed  by  the
 6    Constitution  and execute a bond payable to the People of the
 7    State of Illinois with 2 or more responsible  persons  having
 8    an  interest in real estate as sureties (or, if the county is
 9    self-insured, the county through its  self-insurance  program
10    may provide bonding), to be approved by the county board in a
11    penalty  of  not  less  than  $100,000,  conditioned upon the
12    faithful discharge of his or her duties and upon the delivery
13    to his or her successor  in  office  of  all  monies,  books,
14    papers  and  property  in his or her custody as such regional
15    superintendent of schools.
16        This bond shall be filed in  the  office  of  the  county
17    clerk,  and action upon it may be maintained by any corporate
18    body interested, for the benefit  of  any  township  or  fund
19    injured by any breach of its condition.
20        If  any  vacancy in the office of regional superintendent
21    of schools occurs, such vacancy shall be filled in the manner
22    provided by Section 3A-6.
23        Regional Superintendents of  Schools  shall  receive  the
24    salary provided by Section 3-2.5.
25        On and after July 1, 1994, the provisions of this Section
26    shall  have  no application in any educational service region
27    having a population of 2,000,000 or more inhabitants.
28        Beginning July  1,  2007,  this  Section  shall  have  no
29    application  in  an  educational  service region serving that
30    portion of a Class II county outside a  city  of  500,000  or
31    more population.
32    (Source: P.A. 88-387; 89-233, eff. 1-1-96.)
 
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 1        (105 ILCS 5/3-2.5)
 2        Sec. 3-2.5. Salaries.
 3        (a)  Except  as  otherwise  provided in this Section, the
 4    regional superintendents of schools shall receive  for  their
 5    services  an  annual  salary  according to the population, as
 6    determined by the  last  preceding  federal  census,  of  the
 7    region they serve, as set out in the following schedule:
 8    SALARIES OF REGIONAL SUPERINTENDENTS OF
 9    SCHOOLS
10        POPULATION OF REGION                        ANNUAL SALARY
11        Less than 48,000                                  $73,500
12        48,000 to 99,999                                  $78,000
13        100,000 to 999,999                                $81,500
14        1,000,000 and over                                $83,500
15        The changes made by Public Act 86-98 in the annual salary
16    that  the  regional  superintendents of schools shall receive
17    for their services shall apply to the annual salary  received
18    by  the  regional  superintendents  of schools during each of
19    their elected terms of office that commence  after  July  26,
20    1989 and before the first Monday of August, 1995.
21        The  changes  made  by  Public  Act  89-225 in the annual
22    salary that regional superintendents of schools shall receive
23    for their services shall apply to the annual salary  received
24    by  the  regional  superintendents  of  schools  during their
25    elected terms of office that commence after  August  4,  1995
26    and end on August 1, 1999.
27        The  changes  made  by  this  amendatory  Act of the 91st
28    General Assembly in  the  annual  salary  that  the  regional
29    superintendents  of  schools shall receive for their services
30    shall apply to the annual salary  received  by  the  regional
31    superintendents of schools during each of their elected terms
32    of office that commence on or after August 2, 1999.
33        Beginning  July  1,  2000,  the  salary that the regional
34    superintendent of schools receives for his  or  her  services
 
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 1    shall   be   adjusted  annually  to  reflect  the  percentage
 2    increase, if any, in the most recent Consumer Price Index, as
 3    defined  and  officially  reported  by  the   United   States
 4    Department  of Labor, Bureau of Labor Statistics, except that
 5    no annual increment may exceed 2.9%.  If  the  percentage  of
 6    change  in the Consumer Price Index is a percentage decrease,
 7    the  salary  that  the  regional  superintendent  of  schools
 8    receives shall not be adjusted for that year.
 9        When  regional  superintendents  are  authorized  by  the
10    School Code to appoint  assistant  regional  superintendents,
11    the assistant regional superintendent shall receive an annual
12    salary  based  on his or her qualifications and computed as a
13    percentage of the salary of the  regional  superintendent  to
14    whom  he  or  she  is  assistant, as set out in the following
15    schedule:
16    SALARIES OF ASSISTANT REGIONAL SUPERINTENDENTS
17        QUALIFICATIONS OF                    PERCENTAGE OF SALARY
18        ASSISTANT REGIONAL                            OF REGIONAL
19        SUPERINTENDENT                             SUPERINTENDENT
20        No Bachelor's degree, but State
21        certificate valid for teaching
22        and supervising.                                  70%
23        Bachelor's degree plus
24        State certificate valid
25        for supervising.                                  75%
26        Master's degree plus
27        State certificate valid
28        for supervising.                                  90%
29        However, in any region in which the appointment  of  more
30    than  one  assistant  regional  superintendent is authorized,
31    whether by Section 3-15.10 of this  Code  or  otherwise,  not
32    more  than  one  assistant may be compensated at the 90% rate
33    and any other assistant shall be paid at  not  exceeding  the
34    75% rate, in each case depending on the qualifications of the
 
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 1    assistant.
 2        The  salaries  provided  in  this  Section  for  regional
 3    superintendents  and  assistant  regional superintendents are
 4    payable monthly from  the  Common  School  Fund.   The  State
 5    Comptroller  in  making  his or her warrant to any county for
 6    the amount due it from the Common School  Fund  shall  deduct
 7    from  it  the  several  amounts  for which warrants have been
 8    issued to the  regional  superintendent,  and  any  assistant
 9    regional  superintendent,  of  the educational service region
10    encompassing the county since the preceding apportionment  of
11    the Common School Fund.
12        County boards may provide for additional compensation for
13    the   regional   superintendent  or  the  assistant  regional
14    superintendents, or for each of them, to  be  paid  quarterly
15    from the county treasury.
16        (b)  Upon  abolition  on  July  1, 1994, of the office of
17    regional superintendent of  schools  in  educational  service
18    regions  containing 2,000,000 or more inhabitants as provided
19    in Section 3-0.01 of this Code, the provisions of  subsection
20    (a)  of this Section shall no longer apply in any educational
21    service region in which the office of regional superintendent
22    of  schools  is  so  abolished,  and  no  salary   or   other
23    compensation  shall  be  payable under that subsection (a) or
24    under any other provision of this Section with respect to the
25    office so abolished or with respect to any assistant position
26    to the office so abolished.
27        (b-5)  Upon abolition on July 1, 2007 of  the  office  of
28    regional superintendent of schools and the regional office of
29    education  in  an  educational  service  region  serving that
30    portion of a Class II county outside a  city  of  500,000  or
31    more  population  as provided in Section 3-0.01 of this Code,
32    subsection (a) of this Section shall no longer apply  in  the
33    educational   service   region,   and   no  salary  or  other
34    compensation shall be payable under  subsection  (a)  or  any
 
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 1    other provision of this Section with respect to the office so
 2    abolished  or  with  respect to any assistant position to the
 3    office so abolished.
 4        (c)  If the State pays all or any portion of the employee
 5    contributions required under Section 16-152 of  the  Illinois
 6    Pension  Code  for employees of the State Board of Education,
 7    it shall also pay  the  employee  contributions  required  of
 8    regional  superintendents  of  schools and assistant regional
 9    superintendents of schools on the same basis,  but  excluding
10    any  contributions  based on compensation that is paid by the
11    county rather than the State.
12        This subsection (c) applies  to  contributions  based  on
13    payments  of  salary  earned after the effective date of this
14    amendatory Act of the 91st General Assembly, except  that  in
15    the  case  of  an elected regional superintendent of schools,
16    this subsection does not  apply  to  contributions  based  on
17    payments  of  salary  earned  during  a  term  of office that
18    commenced before the effective date of this amendatory Act.
19    (Source: P.A. 91-276, eff. 7-23-99.)

20        (105 ILCS 5/3-3) (from Ch. 122, par. 3-3)
21        Sec. 3-3. Practice of other profession.  It  is  unlawful
22    for  any  county  superintendent of schools to practice or to
23    hold  himself  out  as  practicing  any   other   profession.
24    Violation  of  this section shall be a cause of forfeiture of
25    office.
26        On and after July 1, 1994, the provisions of this Section
27    shall have no application in any educational  service  region
28    having a population of 2,000,000 or more inhabitants.
29        Beginning  July  1,  2007,  this  Section  shall  have no
30    application in an educational  service  region  serving  that
31    portion  of  a  Class  II county outside a city of 500,000 or
32    more population.
33    (Source: P.A. 87-654; 87-1251.)
 
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 1        (105 ILCS 5/3-15.6) (from Ch. 122, par. 3-15.6)
 2        Sec. 3-15.6. Additional employees. To  employ,  with  the
 3    approval  of  the  county board, such additional employees as
 4    are needed for the discharge of the duties of the office. The
 5    non-clerical  employees  shall  be  persons  versed  in   the
 6    principles  and  methods  of  education, familiar with public
 7    school work, competent  to  visit  schools  and  certificated
 8    pursuant to this Code if their duties are comparable to those
 9    for which certification is required by this Code.
10        On and after July 1, 1994, the provisions of this Section
11    shall  have  no application in any educational service region
12    having a population of 2,000,000 or more inhabitants.
13        Beginning July  1,  2007,  this  Section  shall  have  no
14    application  in  an  educational  service region serving that
15    portion of a Class II county outside a  city  of  500,000  or
16    more population.
17    (Source: P.A. 86-361; 87-654; 87-1251.)

18        (105 ILCS 5/3-15.9) (from Ch. 122, par. 3-15.9)
19        Sec.   3-15.9.  Delivery  of  money,  books,  papers  and
20    property to successor. Upon his removal or resignation, or at
21    the expiration of his term of office, or in case of his death
22    his representatives to deliver to his successor in office, on
23    demand, all  moneys,  books,  papers  and  personal  property
24    belonging  to  his  office  or  subject  to  his  control  or
25    disposition.
26        On and after July 1, 1994, the provisions of this Section
27    shall  have  no application in any educational service region
28    having a population of 2,000,000 or more inhabitants.
29        Beginning July  1,  2007,  this  Section  shall  have  no
30    application  in  an  educational  service region serving that
31    portion of a Class II county outside a  city  of  500,000  or
32    more population.
33    (Source: P.A. 87-654; 87-1251.)
 
HB0751 Engrossed            -14-     LRB093 05406 NHT 05496 b
 1        (105 ILCS 5/3-15.10) (from Ch. 122, par. 3-15.10)
 2        Sec.   3-15.10.  Assistant  Regional  Superintendent.  To
 3    employ, in counties or regions of  2,000,000  inhabitants  or
 4    less, in addition to any assistants authorized to be employed
 5    with  the approval of the county board, an assistant regional
 6    superintendent of schools who  shall  be  a  person  of  good
 7    attainment,   versed   in   the  principles  and  methods  of
 8    education, and qualified to teach and supervise schools under
 9    Article 21 of this Act; to fix the term of such assistant and
10    direct his work and define his duties. Until July 1, 2007, in
11    regions established within that portion of a Class II  county
12    outside  a  city of 500,000 or more inhabitants, the regional
13    superintendent may employ,  in  addition  to  any  assistants
14    authorized  to  be  employed  with the approval of the county
15    board,  3  assistant  regional  superintendents  of  schools.
16    Until  July  1,  1994,  in  counties  or  regions  having   a
17    population  of  more  than 2,000,000 inhabitants the regional
18    superintendent may employ,  in  addition  to  any  assistants
19    authorized  to  be  employed  with the approval of the county
20    board, 11  assistant  regional  superintendents  of  schools.
21    Assistant  regional superintendents shall each be a person of
22    good attainment, versed in  the  principles  and  methods  of
23    education, and qualified to teach and supervise schools under
24    Article  21  of this Act. The work of such assistant regional
25    superintendent shall be so arranged  and  directed  that  the
26    county    or    regional    superintendent    and   assistant
27    superintendent, together, shall  devote  an  amount  of  time
28    during  the  school  year, equal to at least the full time of
29    one individual, to the supervision of schools and of teaching
30    in the schools of the county.
31        Notwithstanding any of the provisions  of  this  Section,
32    any person who, on July 1, 1955, was employed as an assistant
33    county  superintendent of schools shall be qualified for that
34    position if he holds a state certificate valid  for  teaching
 
HB0751 Engrossed            -15-     LRB093 05406 NHT 05496 b
 1    and supervising.
 2        On July 1, 1994, the employment of all persons serving as
 3    assistant county or regional superintendents in any county or
 4    educational  service  region having a population of more than
 5    2,000,000 inhabitants is terminated, the office of  assistant
 6    county  or  regional  superintendent  in  each such county or
 7    educational service region is  abolished,  and  this  Section
 8    shall,   from  and  after  July  1,  1994,  have  no  further
 9    application in any such county or educational service region.
10        On July 1, 2007, the employment of all persons serving as
11    assistant  county   or   regional   superintendents   in   an
12    educational service region serving that portion of a Class II
13    county  outside  a  city  of  500,000  or  more population is
14    terminated,  the  office  of  assistant  county  or  regional
15    superintendent  in  that  educational   service   region   is
16    abolished,  and  this  Section shall, beginning July 1, 2007,
17    have no  further  application  in  that  educational  service
18    region.
19        A regional superintendent of schools shall not employ his
20    or  her spouse, child, stepchild, or relative as an assistant
21    regional superintendent of schools. By September 1 each year,
22    a regional superintendent shall certify to the State Board of
23    Education that he or she has complied with this paragraph. If
24    the State Board of Education becomes aware of the fact that a
25    regional superintendent  is  employing  his  or  her  spouse,
26    child,  stepchild,  or  relative  as  an  assistant  regional
27    superintendent,  the  State  Board  of  Education  shall  not
28    request  for  payment from the State Comptroller any warrants
29    for the payment of the  assistant  regional  superintendent's
30    salary.  In  this  paragraph, "relative" means a grandparent,
31    parent, aunt, uncle, sibling, first  cousin,  nephew,  niece,
32    grandchild, or spouse of one of these persons. This paragraph
33    applies  only  to contracts for employment entered into on or
34    after the effective date of this amendatory Act of  the  91st
 
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 1    General Assembly.
 2    (Source: P.A. 91-764, eff. 6-9-00.)

 3        (105 ILCS 5/3A-2) (from Ch. 122, par. 3A-2)
 4        Sec.  3A-2. Regional superintendent-County superintendent
 5    of  schools.     The  chief  administrative  officer  of   an
 6    educational  service  region shall be designated and referred
 7    to as  "Regional  Superintendent  of  Schools"  or  "regional
 8    superintendent."
 9        Such  person  shall,  in  his region, have the powers and
10    duties and perform the functions required of  or  exercisable
11    by  a  county  superintendent of schools, except as otherwise
12    provided by law.
13        Any reference to "county superintendent  of  schools"  in
14    The  School  Code  or  any  other  Illinois statute means and
15    refers to the  regional  superintendent  of  schools  for  an
16    educational service region.
17        In  an educational service region serving that portion of
18    a  Class  II  county  outside  a  city  of  500,000  or  more
19    population, the office of regional superintendent of  schools
20    is abolished on July 1, 2007 as provided in Section 3-0.01 of
21    this Code.
22    (Source: P.A. 79-1057.)

23        (105 ILCS 5/3A-6) (from Ch. 122, par. 3A-6)
24        Sec.  3A-6.  Election  of Superintendent for consolidated
25    region - Bond - Vacancies in any educational service region.
26        (a)  The regional  superintendent  to  be  elected  under
27    Section  3A-5  shall  be  elected at the time provided in the
28    general election law  and  must  possess  the  qualifications
29    described in Section 3-1 of this Act.
30        (b)  The  bond  required under Section 3-2 shall be filed
31    in the office of the county clerk in  the  county  where  the
32    regional  office  is  situated,  and a certified copy of that
 
HB0751 Engrossed            -17-     LRB093 05406 NHT 05496 b
 1    bond shall be filed in the office of the county clerk in each
 2    of the other counties in the region.
 3        (c)  When a vacancy occurs  in  the  office  of  regional
 4    superintendent  of  schools of any educational service region
 5    which is not located in a county which is a home  rule  unit,
 6    such   vacancy   shall  be  filled  within  60  days  (i)  by
 7    appointment of the chairman of the  county  board,  with  the
 8    advice  and  consent  of  the county board, when such vacancy
 9    occurs in a single county educational service region; or (ii)
10    by appointment of a committee composed of the chairmen of the
11    county boards  of  those  counties  comprising  the  affected
12    educational  service  region  when  such  vacancy occurs in a
13    multicounty educational service region, each committeeman  to
14    be  entitled  to  one vote for each vote that was received in
15    the county represented by such committeeman on the  committee
16    by  the  regional  superintendent  of schools whose office is
17    vacant  at  the   last   election   at   which   a   regional
18    superintendent  was  elected  to  such office, and the person
19    receiving the highest number of affirmative  votes  from  the
20    committeemen  for  such vacant office to be deemed the person
21    appointed  by  such  committee  to  fill  the  vacancy.   The
22    appointee  shall  be  a member of the same political party as
23    the regional superintendent of schools the appointee succeeds
24    was at the time such regional superintendent of schools  last
25    was  elected.  The appointee shall serve for the remainder of
26    the term.  However, if more than 28  months  remain  in  that
27    term,  the  appointment  shall  be  until  the  next  general
28    election, at which time the vacated office shall be filled by
29    election for the remainder of the term.  Nominations shall be
30    made  and  any  vacancy  in  nomination  shall  be  filled as
31    follows:
32             (1)  If the vacancy  in  office  occurs  before  the
33        first  date provided in Section 7-12 of the Election Code
34        for filing nomination papers for county offices  for  the
 
HB0751 Engrossed            -18-     LRB093 05406 NHT 05496 b
 1        primary   in   the   next  even-numbered  year  following
 2        commencement of the term of office in which  the  vacancy
 3        occurs,  nominations  for  the  election  for filling the
 4        vacancy shall be  made  pursuant  to  Article  7  of  the
 5        Election Code.
 6             (2)  If the vacancy in office occurs during the time
 7        provided  in Section 7-12 of the Election Code for filing
 8        nomination papers for county offices for the  primary  in
 9        the next even-numbered year following commencement of the
10        term  of office in which the vacancy occurs, the time for
11        filing nomination papers for the  primary  shall  not  be
12        more than 91 days nor less than 85 days prior to the date
13        of the primary.
14             (3)  If  the vacancy in office occurs after the last
15        day provided in Section 7-12 of  the  Election  Code  for
16        filing  nomination  papers  for  county  offices  for the
17        primary  in  the  next   even-numbered   year   following
18        commencement  of  the term of office in which the vacancy
19        occurs, a vacancy in nomination shall be deemed  to  have
20        occurred   and  the  county  central  committee  of  each
21        established political party (if the vacancy occurs  in  a
22        single   county   educational   service  region)  or  the
23        multi-county educational service region committee of each
24        established political party (if the vacancy occurs  in  a
25        multi-county  educational service region) shall nominate,
26        by  resolution,  a  candidate  to  fill  the  vacancy  in
27        nomination for election to  the  office  at  the  general
28        election.   In  the  nomination  proceedings  to fill the
29        vacancy in nomination, each member of the county  central
30        committee  or the multi-county educational service region
31        committee,  whichever  applies,  shall  have  the  voting
32        strength as set forth in Section 7-8  or  7-8.02  of  the
33        Election  Code,  respectively.  The name of the candidate
34        so nominated shall  not  appear  on  the  ballot  at  the
 
HB0751 Engrossed            -19-     LRB093 05406 NHT 05496 b
 1        general  primary  election.   The  vacancy  in nomination
 2        shall be filled prior to the  date  of  certification  of
 3        candidates for the general election.
 4             (4)  The  resolution  to  fill  the vacancy shall be
 5        duly acknowledged before an  officer  qualified  to  take
 6        acknowledgments  of  deeds  and  shall  include, upon its
 7        face, the following information:  (A)  the  name  of  the
 8        original  nominee and the office vacated; (B) the date on
 9        which the vacancy occurred; and (C) the name and  address
10        of  the nominee selected to fill the vacancy and the date
11        of selection. The resolution to fill the vacancy shall be
12        accompanied by a statement of candidacy, as prescribed in
13        Section 7-10 of  the  Election  Code,  completed  by  the
14        selected  nominee,  a certificate from the State Board of
15        Education, as prescribed in Section 3-1 of this Code, and
16        a  receipt  indicating  that  the  nominee  has  filed  a
17        statement  of  economic  interests  as  required  by  the
18        Illinois Governmental Ethics Act.
19    The provisions  of  Sections  10-8  through  10-10.1  of  the
20    Election  Code  relating  to objections to nomination papers,
21    hearings on objections, and judicial review shall also  apply
22    to and govern objections to nomination papers and resolutions
23    for  filling  vacancies  in nomination filed pursuant to this
24    Section.  Unless otherwise specified  in  this  Section,  the
25    nomination  and  election  provided  for  in  this Section is
26    governed by the general election law.
27        Except  as  otherwise  provided  by   applicable   county
28    ordinance  or  by  law,  if a vacancy occurs in the office of
29    regional superintendent of schools of an educational  service
30    region  that  is located in a county that is a home rule unit
31    and that has a population of less than 2,000,000 inhabitants,
32    that vacancy shall be filled by the county board of such home
33    rule county.
34        Until July 1, 2003 or until the  regional  superintendent
 
HB0751 Engrossed            -20-     LRB093 05406 NHT 05496 b
 1    of  schools  elected  in  2002 takes office, whichever occurs
 2    first,  if  a  vacancy  exists  in  the  office  of  regional
 3    superintendent of schools of an  educational  service  region
 4    that is located in a county that is a home rule unit and that
 5    has  a population of 2,000,000 or more inhabitants, then that
 6    vacancy   shall   be   filled   by   the   first    assistant
 7    superintendent/deputy  superintendent  until  the  end of the
 8    term to which the regional superintendent was elected.
 9        Beginning July  1,  2007,  this  Section  shall  have  no
10    application  in  an  educational  service region serving that
11    portion of a Class II county outside a  city  of  500,000  or
12    more population.
13        Any  person  appointed to fill a vacancy in the office of
14    regional superintendent of schools of any educational service
15    region must possess the qualifications required to be elected
16    to the position of regional superintendent  of  schools,  and
17    shall  obtain  a  certificate  of  eligibility from the State
18    Superintendent of Education  and file same  with  the  county
19    clerk  of  the  county in which the regional superintendent's
20    office is located.
21        If the regional superintendent of schools is called  into
22    the  active military service of the United States, his office
23    shall not be deemed to be vacant, but a temporary appointment
24    shall be made as in the case  of  a  vacancy.  The  appointee
25    shall  perform  all the duties of the regional superintendent
26    of schools during the time  the  regional  superintendent  of
27    schools  is  in  the  active  military  service of the United
28    States, and shall be paid the same  compensation  apportioned
29    as  to  the  time  of  service,  and such appointment and all
30    authority thereunder shall cease upon the  discharge  of  the
31    regional  superintendent of schools from such active military
32    service.  The appointee  shall  give  the  same  bond  as  is
33    required  of  a  regularly elected regional superintendent of
34    schools.
 
HB0751 Engrossed            -21-     LRB093 05406 NHT 05496 b
 1    (Source: P.A. 92-277, eff. 8-7-01; 92-869, eff. 1-3-03.)