093_HB0751ham001

 










                                     LRB093 05406 NHT 12051 a

 1                     AMENDMENT TO HOUSE BILL 751

 2        AMENDMENT NO.     .  Amend House Bill  751  by  replacing
 3    everything after the enacting clause with the following:

 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
 
                            -2-      LRB093 05406 NHT 12051 a
 1    shall   have   and  exercise,  in  and  with  respect  to  an
 2    educational service region serving that portion of a Class II
 3    county outside a city of 500,000 or more  population  and  in
 4    and  with  respect  to  each  school district located in that
 5    educational service region, all rights, powers,  duties,  and
 6    responsibilities  theretofore  vested  in  and  exercised and
 7    performed by the regional superintendent of schools  in  that
 8    educational  service region under the provisions of this Code
 9    or any other law of this State.
10    (Source: P.A. 87-654; 87-895; 87-1251.)

11        (105 ILCS 5/3-0.01) (from Ch. 122, par. 3-0.01)
12        Sec.  3-0.01.  "County  superintendent  of  schools"  and
13    "regional superintendent of schools" defined - Application of
14    Article.
15        (a)  Except as otherwise provided by  subsection  (b)  or
16    (b-1),  after  the  effective  date of this amendatory Act of
17    1975, the chief  administrative  officer  of  an  educational
18    service  region  shall  be  designated and referred to as the
19    "regional  superintendent  of  schools"  or   the   "regional
20    superintendent"   and   after  the  effective  date  of  this
21    amendatory  Act  of  1993  the  office  held  by  the   chief
22    administrative officer shall be designated and referred to as
23    the  "regional  office  of  education".  For  purposes of the
24    School Code and except as otherwise  provided  by  subsection
25    (b)  or  (b-1),  any  reference  to "county superintendent of
26    schools"  or  "county  superintendent"  means  the   regional
27    superintendent of schools.
28        (b)  Subject  to subsection (b-1), in educational service
29    regions containing 2,000,000 or more inhabitants, the  office
30    of regional superintendent of schools is abolished on July 1,
31    1994.  On  and  after  that  date in each educational service
32    region in which the  office  of  regional  superintendent  of
33    schools  is  so  abolished  all  rights,  powers,  duties and
 
                            -3-      LRB093 05406 NHT 12051 a
 1    responsibilities theretofore vested by law in, and  exercised
 2    and  performed  by the regional superintendent of schools and
 3    by any assistant regional superintendents or other assistants
 4    or employees in the office of the regional superintendent  of
 5    schools  so  abolished  shall  be  vested  in,  exercised and
 6    performed by the State Board of Education through the  office
 7    of  the State Superintendent of Education.  Upon abolition of
 8    the office  of  regional  superintendent  of  schools  in  an
 9    educational  service  region  containing  2,000,000  or  more
10    inhabitants:  (i)  all books, records, maps, papers and other
11    documents  belonging  to  or  subject  to  the   control   or
12    disposition  of the former regional superintendent of schools
13    by virtue of his office shall be transferred and delivered to
14    the State Board of Education; (ii) possession or control over
15    all moneys,  deposits  and  accounts  in  the  possession  or
16    subject  to the control or disposition of the former regional
17    superintendent of schools by virtue of his office,  including
18    but  not  limited to undistributed or unexpended moneys drawn
19    from, and all amounts on deposit in,  the  county,  institute
20    and  supervisory  expense  funds, shall be transferred to and
21    placed under the control and disposition of the  State  Board
22    of  Education,  excepting  only  those moneys or accounts, if
23    any, the source of which is the county  treasury;  and  (iii)
24    all other equipment, furnishings, supplies and other personal
25    property   belonging   to   or  subject  to  the  control  or
26    disposition of the former regional superintendent of  schools
27    by  virtue  of  his  office, excepting only those items which
28    were provided by the county board, shall be  transferred  and
29    delivered  to  the  State Board of Education.  From and after
30    July 1, 1994, any reference in the School Code or  any  other
31    law  of this State to "regional superintendent of schools" or
32    "regional  superintendent",  or  "county  superintendent   of
33    schools"  or "county superintendent" shall mean, with respect
34    to any educational service  region  containing  2,000,000  or
 
                            -4-      LRB093 05406 NHT 12051 a
 1    more   inhabitants   in   which   the   office   of  regional
 2    superintendent of schools is abolished, the  State  Board  of
 3    Education   serving   through   the   office   of  the  State
 4    Superintendent  of  Education  as  the  chief  administrative
 5    entity of an educational service region. Upon and  after  the
 6    first  Monday  of  August  1995,  references in this Code and
 7    elsewhere to educational  service  regions  of  2,000,000  or
 8    fewer  inhabitants  shall  exclude  any  educational  service
 9    region  containing  a city of 500,000 or more inhabitants and
10    references in this Code and elsewhere to educational  service
11    regions  of  2,000,000  or  more  inhabitants  shall  mean an
12    educational service region containing a city  of  500,000  or
13    more  inhabitants  regardless of the actual population of the
14    region.
15        (b-1)  Until  July  1,  2007,  references  to   "regional
16    superintendent"    shall    also    include    the   regional
17    superintendent of schools in regions serving that portion  of
18    a  Class  II  county  outside  a  city  of  500,000  or  more
19    population  elected at the general election in 1994 and every
20    4 years thereafter.
21        In an educational service region serving that portion  of
22    a  Class  II  county  outside  a  city  of  500,000  or  more
23    population,  the office of regional superintendent of schools
24    is abolished on July 1, 2007. On  and  after  that  date  all
25    rights,  powers,  duties,  and  responsibilities  theretofore
26    vested  by law in and exercised and performed by the regional
27    superintendent of  schools  and  by  any  assistant  regional
28    superintendents  or  other  assistants  or  employees  in the
29    office of the regional superintendent of schools so abolished
30    shall be vested in, exercised, and  performed  by  the  State
31    Board   of   Education   through  the  office  of  the  State
32    Superintendent of Education. Upon abolition of the office  of
33    regional  superintendent  of schools: (i) all books, records,
34    maps, papers, and other documents belonging to or subject  to
 
                            -5-      LRB093 05406 NHT 12051 a
 1    the   control   or   disposition   of   the  former  regional
 2    superintendent of schools by virtue  of  his  or  her  office
 3    shall  be  transferred  and  delivered  to the State Board of
 4    Education;  (ii)  possession  or  control  over  all  moneys,
 5    deposits, and accounts in the possession or  subject  to  the
 6    control  or disposition of the former regional superintendent
 7    of schools by virtue of his or her office, including but  not
 8    limited  to undistributed or unexpended moneys drawn from and
 9    all  amounts  on  deposit  in  the  county,  institute,   and
10    supervisory expense funds, shall be transferred to and placed
11    under  the  control  and  disposition  of  the State Board of
12    Education, excepting only those moneys or accounts,  if  any,
13    the  source  of  which  is the county treasury; and (iii) all
14    other equipment, furnishings, supplies,  and  other  personal
15    property   belonging   to   or  subject  to  the  control  or
16    disposition of the former regional superintendent of  schools
17    by  virtue  of  his or her office, excepting only those items
18    that were provided by the county board, shall be  transferred
19    and delivered to the State Board of Education.
20        Beginning July 1, 2007, any reference in this Code or any
21    other  law  of  this  State  to  "regional  superintendent of
22    schools", "regional superintendent",  "county  superintendent
23    of  schools",  or  "county  superintendent"  shall mean, with
24    respect to an educational service region serving that portion
25    of a Class II county  outside  a  city  of  500,000  or  more
26    population,  the State Board of Education serving through the
27    office of the State Superintendent of Education as the  chief
28    administrative entity of an educational service region.
29        (c)  This  Article applies to the regional superintendent
30    of a multicounty  educational  service  region  formed  under
31    Article  3A  as  well as to a single county or partial county
32    region,  except  that  in  case  of  conflict   between   the
33    provisions of this Article and of Article 3A in the case of a
34    multicounty region, the provisions of Article 3A shall apply.
 
                            -6-      LRB093 05406 NHT 12051 a
 1    Any  reference to "county" or to "educational service region"
 2    in this Article means a regional office of education.
 3    (Source: P.A. 87-654; 87-895; 87-1251; 88-89.)

 4        (105 ILCS 5/3-1) (from Ch. 122, par. 3-1)
 5        Sec. 3-1.  Election;  eligibility.   Quadrennially  there
 6    shall  be  elected  in  every county, except those which have
 7    been consolidated  into  a  multicounty  educational  service
 8    region  under Article 3A and except those having a population
 9    of 2,000,000 or more inhabitants, and beginning in 1994 until
10    2006 in that portion of a Class II county outside a  city  of
11    500,000  or  more inhabitants and constituting an educational
12    service region, a regional  superintendent  of  schools,  who
13    shall  enter  upon  the  discharge of his duties on the first
14    Monday of August next after his election; provided,  however,
15    that  the  term  of office of each regional superintendent of
16    schools in office on June 30, 2003 is terminated on  July  1,
17    2003,  except  that  an  incumbent regional superintendent of
18    schools shall  continue  to  serve  until  his  successor  is
19    elected  and  qualified,  and each regional superintendent of
20    schools elected at the general election  in  2002  and  every
21    four years thereafter shall assume office on the first day of
22    July  next after his election. No one is eligible to file his
23    petition at  any  primary  election  for  the  nomination  as
24    candidate  for  the  office  of  regional  superintendent  of
25    schools nor to enter upon the duties of such office either by
26    election  or  appointment  unless  he possesses the following
27    qualifications: (1) he is of good character,  (2)  he  has  a
28    master's degree, (3) he has earned at least 20 semester hours
29    of  credit  in  professional education at the graduate level,
30    (4) he holds a valid all grade supervisory certificate  or  a
31    valid state limited supervisory certificate, or a valid state
32    life  supervisory  certificate,  or  a  valid  administrative
33    certificate,  (5)  he  has had at least 4 years experience in
 
                            -7-      LRB093 05406 NHT 12051 a
 1    teaching, and (6) he was engaged for at least 2 years of  the
 2    4  previous years in full time teaching or supervising in the
 3    common public schools or serving as a  county  superintendent
 4    of  schools  or  regional  superintendent  of  schools for an
 5    educational service region in the State of Illinois.
 6        No petition of  any  candidate  for  nomination  for  the
 7    office of regional superintendent of schools may be filed and
 8    no  such  candidate's  name  may  be  placed  on a primary or
 9    general election ballot, unless such candidate files as  part
10    of  his  petition  a  certificate  from  the  State  Board of
11    Education certifying that from the records of its office such
12    candidate has the qualifications required  by  this  Section;
13    however, any incumbent filing his petition for nomination for
14    a  succeeding  term of office shall not be required to attach
15    such certificate to his petition of candidacy.
16        Nomination papers filed under this Section are not  valid
17    unless  the  candidate  named  therein  files with the county
18    clerk or State Board of Elections  a  statement  of  economic
19    interests  as  required  by  the Illinois Governmental Ethics
20    Act. Such receipt shall be so filed either previously  during
21    the  calendar  year in which his nomination papers were filed
22    or within the period for the filing of nomination  papers  in
23    accordance with the general election law.
24        The  changes in qualifications made by Public Act 76-1563
25    do not affect the right of an incumbent to seek reelection.
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    provided further that no election shall be held  in  November
30    of  1994  or  at  any  other  time after July 1, 1992 for the
31    office of regional superintendent of schools in any county or
32    educational service region having a population  of  2,000,000
33    or more inhabitants.
34        Beginning  July  1,  2007,  this  Section  shall  have no
 
                            -8-      LRB093 05406 NHT 12051 a
 1    application in an educational  service  region  serving  that
 2    portion  of  a  Class  II county outside a city of 500,000 or
 3    more population, and no election shall be  held  in  2006  or
 4    thereafter  for  the  office  of  regional  superintendent of
 5    schools in an educational service region serving that portion
 6    of a Class II county  outside  a  city  of  500,000  or  more
 7    population.
 8    (Source: P.A. 89-383, eff. 8-18-95; 90-280, eff. 7-31-97.)

 9        (105 ILCS 5/3-2) (from Ch. 122, par. 3-2)
10        Sec.  3-2.  Oath  of  office  -  Bond  -  Salary.  Before
11    entering  upon his or her duties a regional superintendent of
12    schools shall take and subscribe the oath prescribed  by  the
13    Constitution  and execute a bond payable to the People of the
14    State of Illinois with 2 or more responsible  persons  having
15    an  interest in real estate as sureties (or, if the county is
16    self-insured, the county through its  self-insurance  program
17    may provide bonding), to be approved by the county board in a
18    penalty  of  not  less  than  $100,000,  conditioned upon the
19    faithful discharge of his or her duties and upon the delivery
20    to his or her successor  in  office  of  all  monies,  books,
21    papers  and  property  in his or her custody as such regional
22    superintendent of schools.
23        This bond shall be filed in  the  office  of  the  county
24    clerk,  and action upon it may be maintained by any corporate
25    body interested, for the benefit  of  any  township  or  fund
26    injured by any breach of its condition.
27        If  any  vacancy in the office of regional superintendent
28    of schools occurs, such vacancy shall be filled in the manner
29    provided by Section 3A-6.
30        Regional Superintendents of  Schools  shall  receive  the
31    salary provided by Section 3-2.5.
32        On and after July 1, 1994, the provisions of this Section
33    shall  have  no application in any educational service region
 
                            -9-      LRB093 05406 NHT 12051 a
 1    having a population of 2,000,000 or more inhabitants.
 2        Beginning July  1,  2007,  this  Section  shall  have  no
 3    application  in  an  educational  service region serving that
 4    portion of a Class II county outside a  city  of  500,000  or
 5    more population.
 6    (Source: P.A. 88-387; 89-233, eff. 1-1-96.)

 7        (105 ILCS 5/3-2.5)
 8        Sec. 3-2.5. Salaries.
 9        (a)  Except  as  otherwise  provided in this Section, the
10    regional superintendents of schools shall receive  for  their
11    services  an  annual  salary  according to the population, as
12    determined by the  last  preceding  federal  census,  of  the
13    region they serve, as set out in the following schedule:
14    SALARIES OF REGIONAL SUPERINTENDENTS OF
15    SCHOOLS
16        POPULATION OF REGION                        ANNUAL SALARY
17        Less than 48,000                                  $73,500
18        48,000 to 99,999                                  $78,000
19        100,000 to 999,999                                $81,500
20        1,000,000 and over                                $83,500
21        The changes made by Public Act 86-98 in the annual salary
22    that  the  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 each of
25    their elected terms of office that commence  after  July  26,
26    1989 and before the first Monday of August, 1995.
27        The  changes  made  by  Public  Act  89-225 in the annual
28    salary that regional superintendents of schools shall receive
29    for their services shall apply to the annual salary  received
30    by  the  regional  superintendents  of  schools  during their
31    elected terms of office that commence after  August  4,  1995
32    and end on August 1, 1999.
33        The  changes  made  by  this  amendatory  Act of the 91st
 
                            -10-     LRB093 05406 NHT 12051 a
 1    General Assembly in  the  annual  salary  that  the  regional
 2    superintendents  of  schools shall receive for their services
 3    shall apply to the annual salary  received  by  the  regional
 4    superintendents of schools during each of their elected terms
 5    of office that commence on or after August 2, 1999.
 6        Beginning  July  1,  2000,  the  salary that the regional
 7    superintendent of schools receives for his  or  her  services
 8    shall   be   adjusted  annually  to  reflect  the  percentage
 9    increase, if any, in the most recent Consumer Price Index, as
10    defined  and  officially  reported  by  the   United   States
11    Department  of Labor, Bureau of Labor Statistics, except that
12    no annual increment may exceed 2.9%.  If  the  percentage  of
13    change  in the Consumer Price Index is a percentage decrease,
14    the  salary  that  the  regional  superintendent  of  schools
15    receives shall not be adjusted for that year.
16        When  regional  superintendents  are  authorized  by  the
17    School Code to appoint  assistant  regional  superintendents,
18    the assistant regional superintendent shall receive an annual
19    salary  based  on his or her qualifications and computed as a
20    percentage of the salary of the  regional  superintendent  to
21    whom  he  or  she  is  assistant, as set out in the following
22    schedule:
23    SALARIES OF ASSISTANT REGIONAL SUPERINTENDENTS
24        QUALIFICATIONS OF                    PERCENTAGE OF SALARY
25        ASSISTANT REGIONAL                            OF REGIONAL
26        SUPERINTENDENT                             SUPERINTENDENT
27        No Bachelor's degree, but State
28        certificate valid for teaching
29        and supervising.                                  70%
30        Bachelor's degree plus
31        State certificate valid
32        for supervising.                                  75%
33        Master's degree plus
34        State certificate valid
 
                            -11-     LRB093 05406 NHT 12051 a
 1        for supervising.                                  90%
 2        However, in any region in which the appointment  of  more
 3    than  one  assistant  regional  superintendent is authorized,
 4    whether by Section 3-15.10 of this  Code  or  otherwise,  not
 5    more  than  one  assistant may be compensated at the 90% rate
 6    and any other assistant shall be paid at  not  exceeding  the
 7    75% rate, in each case depending on the qualifications of the
 8    assistant.
 9        The  salaries  provided  in  this  Section  for  regional
10    superintendents  and  assistant  regional superintendents are
11    payable monthly from  the  Common  School  Fund.   The  State
12    Comptroller  in  making  his or her warrant to any county for
13    the amount due it from the Common School  Fund  shall  deduct
14    from  it  the  several  amounts  for which warrants have been
15    issued to the  regional  superintendent,  and  any  assistant
16    regional  superintendent,  of  the educational service region
17    encompassing the county since the preceding apportionment  of
18    the Common School Fund.
19        County boards may provide for additional compensation for
20    the   regional   superintendent  or  the  assistant  regional
21    superintendents, or for each of them, to  be  paid  quarterly
22    from the county treasury.
23        (b)  Upon  abolition  on  July  1, 1994, of the office of
24    regional superintendent of  schools  in  educational  service
25    regions  containing 2,000,000 or more inhabitants as provided
26    in Section 3-0.01 of this Code, the provisions of  subsection
27    (a)  of this Section shall no longer apply in any educational
28    service region in which the office of regional superintendent
29    of  schools  is  so  abolished,  and  no  salary   or   other
30    compensation  shall  be  payable under that subsection (a) or
31    under any other provision of this Section with respect to the
32    office so abolished or with respect to any assistant position
33    to the office so abolished.
34        (b-5)  Upon abolition on July 1, 2007 of  the  office  of
 
                            -12-     LRB093 05406 NHT 12051 a
 1    regional  superintendent of schools in an educational service
 2    region serving that portion of a Class II  county  outside  a
 3    city  of  500,000  or  more population as provided in Section
 4    3-0.01 of this Code, subsection (a) of this Section shall  no
 5    longer apply in the educational service region, and no salary
 6    or  other  compensation shall be payable under subsection (a)
 7    or any other provision of this Section with  respect  to  the
 8    office so abolished or with respect to any assistant position
 9    to the office so abolished.
10        (c)  If the State pays all or any portion of the employee
11    contributions  required  under Section 16-152 of the Illinois
12    Pension Code for employees of the State Board  of  Education,
13    it  shall  also  pay  the  employee contributions required of
14    regional superintendents of schools  and  assistant  regional
15    superintendents  of  schools on the same basis, but excluding
16    any contributions based on compensation that is paid  by  the
17    county rather than the State.
18        This  subsection  (c)  applies  to contributions based on
19    payments of salary earned after the effective  date  of  this
20    amendatory  Act  of the 91st General Assembly, except that in
21    the case of an elected regional  superintendent  of  schools,
22    this  subsection  does  not  apply  to contributions based on
23    payments of salary  earned  during  a  term  of  office  that
24    commenced before the effective date of this amendatory Act.
25    (Source: P.A. 91-276, eff. 7-23-99.)

26        (105 ILCS 5/3-3) (from Ch. 122, par. 3-3)
27        Sec.  3-3.  Practice  of other profession. It is unlawful
28    for any county superintendent of schools to  practice  or  to
29    hold   himself   out  as  practicing  any  other  profession.
30    Violation of this section shall be a cause of  forfeiture  of
31    office.
32        On and after July 1, 1994, the provisions of this Section
33    shall  have  no application in any educational service region
 
                            -13-     LRB093 05406 NHT 12051 a
 1    having a population of 2,000,000 or more inhabitants.
 2        Beginning July  1,  2007,  this  Section  shall  have  no
 3    application  in  an  educational  service region serving that
 4    portion of a Class II county outside a  city  of  500,000  or
 5    more population.
 6    (Source: P.A. 87-654; 87-1251.)

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

24        (105 ILCS 5/3-15.9) (from Ch. 122, par. 3-15.9)
25        Sec.  3-15.9.  Delivery  of  money,  books,  papers   and
26    property to successor. Upon his removal or resignation, or at
27    the expiration of his term of office, or in case of his death
28    his representatives to deliver to his successor in office, on
29    demand,  all  moneys,  books,  papers  and  personal property
30    belonging  to  his  office  or  subject  to  his  control  or
31    disposition.
32        On and after July 1, 1994, the provisions of this Section
 
                            -14-     LRB093 05406 NHT 12051 a
 1    shall have no application in any educational  service  region
 2    having a population of 2,000,000 or more inhabitants.
 3        Beginning  July  1,  2007,  this  Section  shall  have no
 4    application in an educational  service  region  serving  that
 5    portion  of  a  Class  II county outside a city of 500,000 or
 6    more population.
 7    (Source: P.A. 87-654; 87-1251.)

 8        (105 ILCS 5/3-15.10) (from Ch. 122, par. 3-15.10)
 9        Sec.  3-15.10.  Assistant  Regional  Superintendent.   To
10    employ,  in  counties  or regions of 2,000,000 inhabitants or
11    less, in addition to any assistants authorized to be employed
12    with the approval of the county board, an assistant  regional
13    superintendent  of  schools  who  shall  be  a person of good
14    attainment,  versed  in  the  principles   and   methods   of
15    education, and qualified to teach and supervise schools under
16    Article 21 of this Act; to fix the term of such assistant and
17    direct his work and define his duties. Until July 1, 2007, in
18    regions  established within that portion of a Class II county
19    outside a city of 500,000 or more inhabitants,  the  regional
20    superintendent  may  employ,  in  addition  to any assistants
21    authorized to be employed with the  approval  of  the  county
22    board,  3  assistant  regional  superintendents  of  schools.
23    Until   July  1,  1994,  in  counties  or  regions  having  a
24    population of more than 2,000,000  inhabitants  the  regional
25    superintendent  may  employ,  in  addition  to any assistants
26    authorized to be employed with the  approval  of  the  county
27    board,  11  assistant  regional  superintendents  of schools.
28    Assistant regional superintendents shall each be a person  of
29    good  attainment,  versed  in  the  principles and methods of
30    education, and qualified to teach and supervise schools under
31    Article 21 of this Act. The work of such  assistant  regional
32    superintendent  shall  be  so  arranged and directed that the
33    county   or    regional    superintendent    and    assistant
 
                            -15-     LRB093 05406 NHT 12051 a
 1    superintendent,  together,  shall  devote  an  amount of time
 2    during the school year, equal to at least the  full  time  of
 3    one individual, to the supervision of schools and of teaching
 4    in the schools of the county.
 5        Notwithstanding  any  of  the provisions of this Section,
 6    any person who, on July 1, 1955, was employed as an assistant
 7    county superintendent of schools shall be qualified for  that
 8    position  if  he holds a state certificate valid for teaching
 9    and supervising.
10        On July 1, 1994, the employment of all persons serving as
11    assistant county or regional superintendents in any county or
12    educational service region having a population of  more  than
13    2,000,000  inhabitants is terminated, the office of assistant
14    county or regional superintendent  in  each  such  county  or
15    educational  service  region  is  abolished, and this Section
16    shall,  from  and  after  July  1,  1994,  have  no   further
17    application in any such county or educational service region.
18        On July 1, 2007, the employment of all persons serving as
19    assistant   county   or   regional   superintendents   in  an
20    educational service region serving that portion of a Class II
21    county outside a  city  of  500,000  or  more  population  is
22    terminated,  the  office  of  assistant  county  or  regional
23    superintendent   in   that   educational  service  region  is
24    abolished, and this Section shall, beginning  July  1,  2007,
25    have  no  further  application  in  that  educational service
26    region.
27        A regional superintendent of schools shall not employ his
28    or her spouse, child, stepchild, or relative as an  assistant
29    regional superintendent of schools. By September 1 each year,
30    a regional superintendent shall certify to the State Board of
31    Education that he or she has complied with this paragraph. If
32    the State Board of Education becomes aware of the fact that a
33    regional  superintendent  is  employing  his  or  her spouse,
34    child,  stepchild,  or  relative  as  an  assistant  regional
 
                            -16-     LRB093 05406 NHT 12051 a
 1    superintendent,  the  State  Board  of  Education  shall  not
 2    request for payment from the State Comptroller  any  warrants
 3    for  the  payment  of the assistant regional superintendent's
 4    salary. In this paragraph, "relative"  means  a  grandparent,
 5    parent,  aunt,  uncle,  sibling, first cousin, nephew, niece,
 6    grandchild, or spouse of one of these persons. This paragraph
 7    applies only to contracts for employment entered into  on  or
 8    after  the  effective date of this amendatory Act of the 91st
 9    General Assembly.
10    (Source: P.A. 91-764, eff. 6-9-00.)

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

31        (105 ILCS 5/3A-6) (from Ch. 122, par. 3A-6)
32        Sec. 3A-6.  Election of Superintendent  for  consolidated
 
                            -17-     LRB093 05406 NHT 12051 a
 1    region - Bond - Vacancies in any educational service region.
 2        (a)  The  regional  superintendent  to  be  elected under
 3    Section 3A-5 shall be elected at the  time  provided  in  the
 4    general  election  law  and  must  possess the qualifications
 5    described in Section 3-1 of this Act.
 6        (b)  The bond required under Section 3-2 shall  be  filed
 7    in  the  office  of  the county clerk in the county where the
 8    regional office is situated, and a  certified  copy  of  that
 9    bond shall be filed in the office of the county clerk in each
10    of the other counties in the region.
11        (c)  When  a  vacancy  occurs  in  the office of regional
12    superintendent of schools of any educational  service  region
13    which  is  not located in a county which is a home rule unit,
14    such  vacancy  shall  be  filled  within  60  days   (i)   by
15    appointment  of  the  chairman  of the county board, with the
16    advice and consent of the county  board,  when  such  vacancy
17    occurs in a single county educational service region; or (ii)
18    by appointment of a committee composed of the chairmen of the
19    county  boards  of  those  counties  comprising  the affected
20    educational service region when  such  vacancy  occurs  in  a
21    multicounty  educational service region, each committeeman to
22    be entitled to one vote for each vote that  was  received  in
23    the  county represented by such committeeman on the committee
24    by the regional superintendent of  schools  whose  office  is
25    vacant   at   the   last   election   at   which  a  regional
26    superintendent was elected to such  office,  and  the  person
27    receiving  the  highest  number of affirmative votes from the
28    committeemen for such vacant office to be deemed  the  person
29    appointed   by  such  committee  to  fill  the  vacancy.  The
30    appointee shall be a member of the same  political  party  as
31    the regional superintendent of schools the appointee succeeds
32    was  at the time such regional superintendent of schools last
33    was elected.  The appointee shall serve for the remainder  of
34    the  term.   However,  if  more than 28 months remain in that
 
                            -18-     LRB093 05406 NHT 12051 a
 1    term,  the  appointment  shall  be  until  the  next  general
 2    election, at which time the vacated office shall be filled by
 3    election for the remainder of the term.  Nominations shall be
 4    made and  any  vacancy  in  nomination  shall  be  filled  as
 5    follows:
 6             (1)  If  the  vacancy  in  office  occurs before the
 7        first date provided in Section 7-12 of the Election  Code
 8        for  filing  nomination papers for county offices for the
 9        primary  in  the  next   even-numbered   year   following
10        commencement  of  the term of office in which the vacancy
11        occurs, nominations for  the  election  for  filling  the
12        vacancy  shall  be  made  pursuant  to  Article  7 of the
13        Election Code.
14             (2)  If the vacancy in office occurs during the time
15        provided in Section 7-12 of the Election Code for  filing
16        nomination  papers  for county offices for the primary in
17        the next even-numbered year following commencement of the
18        term of office in which the vacancy occurs, the time  for
19        filing  nomination  papers  for  the primary shall not be
20        more than 91 days nor less than 85 days prior to the date
21        of the primary.
22             (3)  If the vacancy in office occurs after the  last
23        day  provided  in  Section  7-12 of the Election Code for
24        filing nomination  papers  for  county  offices  for  the
25        primary   in   the   next  even-numbered  year  following
26        commencement of the term of office in which  the  vacancy
27        occurs,  a  vacancy in nomination shall be deemed to have
28        occurred  and  the  county  central  committee  of   each
29        established  political  party (if the vacancy occurs in a
30        single  county  educational  service   region)   or   the
31        multi-county educational service region committee of each
32        established  political  party (if the vacancy occurs in a
33        multi-county educational service region) shall  nominate,
34        by  resolution,  a  candidate  to  fill  the  vacancy  in
 
                            -19-     LRB093 05406 NHT 12051 a
 1        nomination  for  election  to  the  office at the general
 2        election.  In the  nomination  proceedings  to  fill  the
 3        vacancy  in nomination, each member of the county central
 4        committee or the multi-county educational service  region
 5        committee,  whichever  applies,  shall  have  the  voting
 6        strength  as  set  forth  in Section 7-8 or 7-8.02 of the
 7        Election Code, respectively.  The name of  the  candidate
 8        so  nominated  shall  not  appear  on  the  ballot at the
 9        general primary  election.   The  vacancy  in  nomination
10        shall  be  filled  prior  to the date of certification of
11        candidates for the general election.
12             (4)  The resolution to fill  the  vacancy  shall  be
13        duly  acknowledged  before  an  officer qualified to take
14        acknowledgments of deeds  and  shall  include,  upon  its
15        face,  the  following  information:  (A)  the name of the
16        original nominee and the office vacated; (B) the date  on
17        which  the vacancy occurred; and (C) the name and address
18        of the nominee selected to fill the vacancy and the  date
19        of selection. The resolution to fill the vacancy shall be
20        accompanied by a statement of candidacy, as prescribed in
21        Section  7-10  of  the  Election  Code,  completed by the
22        selected nominee, a certificate from the State  Board  of
23        Education, as prescribed in Section 3-1 of this Code, and
24        a  receipt  indicating  that  the  nominee  has  filed  a
25        statement  of  economic  interests  as  required  by  the
26        Illinois Governmental Ethics Act.
27    The  provisions  of  Sections  10-8  through  10-10.1  of the
28    Election Code relating to objections  to  nomination  papers,
29    hearings  on objections, and judicial review shall also apply
30    to and govern objections to nomination papers and resolutions
31    for filling vacancies in nomination filed  pursuant  to  this
32    Section.   Unless  otherwise  specified  in this Section, the
33    nomination and election  provided  for  in  this  Section  is
34    governed by the general election law.
 
                            -20-     LRB093 05406 NHT 12051 a
 1        Except   as   otherwise  provided  by  applicable  county
 2    ordinance or by law, if a vacancy occurs  in  the  office  of
 3    regional  superintendent of schools of an educational service
 4    region that is located in a county that is a home  rule  unit
 5    and that has a population of less than 2,000,000 inhabitants,
 6    that vacancy shall be filled by the county board of such home
 7    rule county.
 8        Until  July  1, 2003 or until the regional superintendent
 9    of schools elected in 2002  takes  office,  whichever  occurs
10    first,  if  a  vacancy  exists  in  the  office  of  regional
11    superintendent  of  schools  of an educational service region
12    that is located in a county that is a home rule unit and that
13    has a population of 2,000,000 or more inhabitants, then  that
14    vacancy    shall   be   filled   by   the   first   assistant
15    superintendent/deputy superintendent until  the  end  of  the
16    term to which the regional superintendent was elected.
17        Beginning  July  1,  2007,  this  Section  shall  have no
18    application in an educational  service  region  serving  that
19    portion  of  a  Class  II county outside a city of 500,000 or
20    more population.
21        Any person appointed to fill a vacancy in the  office  of
22    regional superintendent of schools of any educational service
23    region must possess the qualifications required to be elected
24    to  the  position  of regional superintendent of schools, and
25    shall obtain a certificate  of  eligibility  from  the  State
26    Superintendent  of  Education   and file same with the county
27    clerk of the county in which  the  regional  superintendent's
28    office is located.
29        If  the regional superintendent of schools is called into
30    the active military service of the United States, his  office
31    shall not be deemed to be vacant, but a temporary appointment
32    shall  be  made  as  in  the case of a vacancy. The appointee
33    shall perform all the duties of the  regional  superintendent
34    of  schools  during  the  time the regional superintendent of
 
                            -21-     LRB093 05406 NHT 12051 a
 1    schools is in the  active  military  service  of  the  United
 2    States,  and  shall be paid the same compensation apportioned
 3    as to the time of  service,  and  such  appointment  and  all
 4    authority  thereunder  shall  cease upon the discharge of the
 5    regional superintendent of schools from such active  military
 6    service.   The  appointee  shall  give  the  same  bond as is
 7    required of a regularly elected  regional  superintendent  of
 8    schools.
 9    (Source: P.A. 92-277, eff. 8-7-01; 92-869, eff. 1-3-03.)".