Illinois General Assembly - Full Text of HB2793
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Full Text of HB2793  98th General Assembly



State of Illinois
2013 and 2014


Introduced , by Rep. Elgie R. Sims, Jr.


105 ILCS 5/34-3  from Ch. 122, par. 34-3
105 ILCS 5/34-4  from Ch. 122, par. 34-4
105 ILCS 5/34-13.1

    Amends the Chicago School District Article of the School Code. Provides for the election (instead of appointment) of members of the Chicago Board of Education. Provides that successor Inspectors General shall be appointed by the Board instead of the Mayor.

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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
534-3, 34-4, and 34-13.1 as follows:
6    (105 ILCS 5/34-3)  (from Ch. 122, par. 34-3)
7    Sec. 34-3. Chicago School Reform Board of Trustees; new
8Chicago Board of Education; members; term; vacancies.
9    (a) Within 30 days after the effective date of this
10amendatory Act of 1995, the terms of all members of the Chicago
11Board of Education holding office on that date are abolished
12and the Mayor shall appoint, without the consent or approval of
13the City Council, a 5 member Chicago School Reform Board of
14Trustees which shall take office upon the appointment of the
15fifth member. The Chicago School Reform Board of Trustees and
16its members shall serve until, and the terms of all members of
17the Chicago School Reform Board of Trustees shall expire on,
18June 30, 1999 or upon the appointment of a new Chicago Board of
19Education as provided in subsection (b), whichever is later.
20Any vacancy in the membership of the Trustees shall be filled
21through appointment by the Mayor, without the consent or
22approval of the City Council, for the unexpired term. One of
23the members appointed by the Mayor to the Trustees shall be



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1designated by the Mayor to serve as President of the Trustees.
2The Mayor shall appoint a full-time, compensated chief
3executive officer, and his or her compensation as such chief
4executive officer shall be determined by the Mayor. The Mayor,
5at his or her discretion, may appoint the President to serve
6simultaneously as the chief executive officer.
7    (b) This subsection (b) applies until April 21, 2015.
8Within 30 days before the expiration of the terms of the
9members of the Chicago Reform Board of Trustees as provided in
10subsection (a), a new Chicago Board of Education consisting of
117 members shall be appointed by the Mayor to take office on the
12later of July 1, 1999 or the appointment of the seventh member.
13Three of the members initially so appointed under this
14subsection shall serve for terms ending June 30, 2002, 4 of the
15members initially so appointed under this subsection shall
16serve for terms ending June 30, 2003, and each member initially
17so appointed shall continue to hold office until his or her
18successor is appointed and qualified. Thereafter at the
19expiration of the term of any member a successor shall be
20appointed by the Mayor and shall hold office for a term of 4
21years, from July 1 of the year in which the term commences and
22until a successor is appointed and qualified. Any vacancy in
23the membership of the Chicago Board of Education shall be
24filled through appointment by the Mayor for the unexpired term.
25No appointment to membership on the Chicago Board of Education
26that is made by the Mayor under this subsection shall require



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1the approval of the City Council, whether the appointment is
2made for a full term or to fill a vacancy for an unexpired term
3on the Board.
4    (b-5) On April 21, 2015, the terms of all members of the
5Chicago Board of Education appointed under subsection (b) of
6this Section are abolished when the new board, consisting of 7
7members, is elected at large by the electors of the school
8district as provided in this subsection (b-5) and takes office.
9    Beginning on April 21, 2015, the school district shall be
10governed by a school board consisting of 7 members. An election
11shall be held at the consolidated election in April of 2015 and
12every second year thereafter. Each member shall be elected for
13a term of 4 years, commencing on the second Tuesday in April of
14the year in which the member is elected, and until the member's
15successor is elected and has qualified, except that members of
16the board elected to terms commencing on April 21, 2015 shall
17organize on the date their terms commence, and on that date
18shall determine by lot 4 to serve for terms of 4 years and 3 to
19serve for terms of 2 years.
20    On April 21, 2015 and within 28 days after each
21consolidated election thereafter, the board shall organize by
22electing its officers and fixing a time and place for the
23regular meetings. Upon organizing itself as provided in this
24subsection (b-5), the board shall enter upon the discharge of
25its duties.
26    Nomination papers filed under this Section are not valid



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1unless the candidate named therein files with the secretary of
2the board or with a person designated by the board to receive
3nominating petitions a receipt from the county clerk showing
4that the candidate has filed a statement of economic interests
5as required by the Illinois Governmental Ethics Act. The
6receipt shall be so filed either previously during the calendar
7year in which the nomination papers were filed or within the
8period for the filing of nomination papers in accordance with
9the general election law.
10    Whenever a vacancy in the board occurs, the remaining
11members of the board shall notify the Mayor of that vacancy
12within 5 days after its occurrence and shall proceed to fill
13the vacancy until the next regular school election, at which
14election a successor shall be elected to serve the remainder of
15the unexpired term. However, if the vacancy occurs with less
16than 28 months remaining in the term or if the vacancy occurs
17less than 88 days before the next regular school election, then
18the person so appointed shall serve the remainder of the
19unexpired term, and no election to fill the vacancy shall be
20held. The successor shall have the same residential and other
21qualifications as his or her predecessor. Should the remaining
22board members fail so to act within 45 days after the vacancy
23occurs, the Mayor shall within 30 days after the remaining
24members have failed to fill the vacancy, fill the vacancy as
25provided for herein. Upon the Mayor's failure to fill the
26vacancy, the vacancy shall be filled at the next regular school



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1election. The successor shall have the same residential and
2other qualifications as his or her predecessor.
3    (b-10) The board shall elect annually from its number a
4president and vice-president, in such manner and at such time
5as the board determines by its rules. The officers so elected
6shall each perform the duties imposed upon their respective
7office by the rules of the board, provided that (i) the
8president shall preside at meetings of the board and vote as
9any other member but have no power of veto, and (ii) the vice
10president shall perform the duties of the president if that
11office is vacant or the president is absent or unable to act.
12The secretary of the Board shall be selected by the Board and
13shall be an employee of the Board rather than a member of the
14Board, notwithstanding subsection (d) of Section 34-3.3. The
15duties of the secretary shall be imposed by the rules of the
17    (c) The board may appoint a student to the board to serve
18in an advisory capacity. The student member shall serve for a
19term as determined by the board. The board may not grant the
20student member any voting privileges, but shall consider the
21student member as an advisor. The student member may not
22participate in or attend any executive session of the board.
23(Source: P.A. 94-231, eff. 7-14-05.)
24    (105 ILCS 5/34-4)  (from Ch. 122, par. 34-4)
25    Sec. 34-4. Eligibility. To be eligible for election



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1appointment to the board, a person shall be a citizen of the
2United States, shall be a registered voter as provided in the
3Election Code, shall have been a resident of the city for at
4least 3 years immediately preceding his or her election
5appointment, and shall not be a child sex offender as defined
6in Section 11-9.3 of the Criminal Code of 2012. Permanent
7removal from the city by any member of the board during his
8term of office constitutes a resignation therefrom and creates
9a vacancy in the board. Except for the President of the Chicago
10School Reform Board of Trustees who may be paid compensation
11for his or her services as chief executive officer as
12determined by the Mayor as provided in subsection (a) of
13Section 34-3, board members shall serve without any
14compensation; provided, that board members shall be reimbursed
15for expenses incurred while in the performance of their duties
16upon submission of proper receipts or upon submission of a
17signed voucher in the case of an expense allowance evidencing
18the amount of such reimbursement or allowance to the president
19of the board for verification and approval. The board of
20education may continue to provide health care insurance
21coverage, employer pension contributions, employee pension
22contributions, and life insurance premium payments for an
23employee required to resign from an administrative, teaching,
24or career service position in order to qualify as a member of
25the board of education. They shall not hold other public office
26under the Federal, State or any local government other than



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1that of Director of the Regional Transportation Authority,
2member of the economic development commission of a city having
3a population exceeding 500,000, notary public or member of the
4National Guard, and by accepting any such office while members
5of the board, or by not resigning any such office held at the
6time of being elected appointed to the board within 30 days
7after such election appointment, shall be deemed to have
8vacated their membership in the board.
9(Source: P.A. 97-1150, eff. 1-25-13.)
10    (105 ILCS 5/34-13.1)
11    Sec. 34-13.1. Inspector General.
12    (a) The Inspector General and his office in existence on
13the effective date of this amendatory Act of 1995 shall be
14transferred to the jurisdiction of the board upon appointment
15of the Chicago School Reform Board of Trustees. The Inspector
16General shall have the authority to conduct investigations into
17allegations of or incidents of waste, fraud, and financial
18mismanagement in public education within the jurisdiction of
19the board by a local school council member or an employee,
20contractor, or member of the board or involving school projects
21managed or handled by the Public Building Commission. The
22Inspector General shall make recommendations to the board about
23the investigations. The Inspector General in office on the
24effective date of this amendatory Act of 1996 shall serve for a
25term expiring on June 30, 1998. His or her successors in office



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1shall each be appointed by the Mayor, without the consent or
2approval of the City Council, for 4 year terms expiring on June
330th of an even numbered year; however, beginning on April 21,
42015, successors shall be appointed by the board instead of the
5Mayor. If the Inspector General leaves office or if a vacancy
6in that office otherwise occurs, the Mayor shall appoint,
7without the consent or approval of the City Council, a
8successor to serve under this Section for the remainder of the
9unexpired term; however, beginning on April 21, 2015,
10successors shall be appointed by the board instead of the
11Mayor. The Inspector General shall be independent of the
12operations of the board and the School Finance Authority, and
13shall perform other duties requested by the board.
14    (b) The Inspector General shall have access to all
15information and personnel necessary to perform the duties of
16the office. If the Inspector General determines that a possible
17criminal act has been committed or that special expertise is
18required in the investigation, he or she shall immediately
19notify the Chicago Police Department and the Cook County
20State's Attorney. All investigations conducted by the
21Inspector General shall be conducted in a manner that ensures
22the preservation of evidence for use in criminal prosecutions.
23    (c) At all times the Inspector General shall be granted
24access to any building or facility that is owned, operated, or
25leased by the board, the Public Building Commission, or the
26city in trust and for the use and benefit of the schools of the



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2    (d) The Inspector General shall have the power to subpoena
3witnesses and compel the production of books and papers
4pertinent to an investigation authorized by this Code. Any
5person who (1) fails to appear in response to a subpoena; (2)
6fails to answer any question; (3) fails to produce any books or
7papers pertinent to an investigation under this Code; or (4)
8knowingly gives false testimony during an investigation under
9this Code, is guilty of a Class A misdemeanor.
10    (e) The Inspector General shall provide to the board and
11the Illinois General Assembly a summary of reports and
12investigations made under this Section for the previous fiscal
13year no later than January 1 of each year, except that the
14Inspector General shall provide the summary of reports and
15investigations made under this Section for the period
16commencing July 1, 1998 and ending April 30, 1999 no later than
17May 1, 1999. The summaries shall detail the final disposition
18of those recommendations. The summaries shall not contain any
19confidential or identifying information concerning the
20subjects of the reports and investigations. The summaries shall
21also include detailed recommended administrative actions and
22matters for consideration by the General Assembly.
23    (f) (Blank).
24    (g) (Blank).
25(Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)