Illinois General Assembly - Full Text of HB0751
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Full Text of HB0751  93rd General Assembly

HB0751ham002 93rd General Assembly


093_HB0751ham002











                                     LRB093 05406 NHT 14408 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 14408 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  and  the
 8    regional  office  of  education  in  that educational service
 9    region under the provisions of this Code or any other law  of
10    this State.
11    (Source: P.A. 87-654; 87-895; 87-1251.)

12        (105 ILCS 5/3-0.01) (from Ch. 122, par. 3-0.01)
13        Sec.  3-0.01.  "County  superintendent  of  schools"  and
14    "regional superintendent of schools" defined - Application of
15    Article.
16        (a)  Except  as  otherwise  provided by subsection (b) or
17    (b-1), after the effective date of  this  amendatory  Act  of
18    1975,  the  chief  administrative  officer  of an educational
19    service region shall be designated and  referred  to  as  the
20    "regional   superintendent   of  schools"  or  the  "regional
21    superintendent"  and  after  the  effective  date   of   this
22    amendatory   Act  of  1993  the  office  held  by  the  chief
23    administrative officer shall be designated and referred to as
24    the "regional office  of  education".  For  purposes  of  the
25    School  Code  and  except as otherwise provided by subsection
26    (b) or (b-1), any  reference  to  "county  superintendent  of
27    schools"   or  "county  superintendent"  means  the  regional
28    superintendent of schools.
29        (b)  Subject to subsection (b-1), in educational  service
30    regions  containing 2,000,000 or more inhabitants, the office
31    of regional superintendent of schools is abolished on July 1,
32    1994. On and after that  date  in  each  educational  service
33    region  in  which  the  office  of regional superintendent of
 
                            -3-      LRB093 05406 NHT 14408 a
 1    schools is  so  abolished  all  rights,  powers,  duties  and
 2    responsibilities  theretofore vested by law in, and exercised
 3    and performed by the regional superintendent of  schools  and
 4    by any assistant regional superintendents or other assistants
 5    or  employees in the office of the regional superintendent of
 6    schools so  abolished  shall  be  vested  in,  exercised  and
 7    performed  by the State Board of Education through the office
 8    of the State Superintendent of Education.  Upon abolition  of
 9    the  office  of  regional  superintendent  of  schools  in an
10    educational  service  region  containing  2,000,000  or  more
11    inhabitants: (i) all books, records, maps, papers  and  other
12    documents   belonging   to  or  subject  to  the  control  or
13    disposition of the former regional superintendent of  schools
14    by virtue of his office shall be transferred and delivered to
15    the State Board of Education; (ii) possession or control over
16    all  moneys,  deposits  and  accounts  in  the  possession or
17    subject to the control or disposition of the former  regional
18    superintendent  of schools by virtue of his office, including
19    but not limited to undistributed or unexpended  moneys  drawn
20    from,  and  all  amounts on deposit in, the county, institute
21    and supervisory expense funds, shall be  transferred  to  and
22    placed  under  the control and disposition of the State Board
23    of Education, excepting only those  moneys  or  accounts,  if
24    any,  the  source  of which is the county treasury; and (iii)
25    all other equipment, furnishings, supplies and other personal
26    property  belonging  to  or  subject  to   the   control   or
27    disposition  of the former regional superintendent of schools
28    by virtue of his office, excepting  only  those  items  which
29    were  provided  by the county board, shall be transferred and
30    delivered to the State Board of Education.   From  and  after
31    July  1,  1994, any reference in the School Code or any other
32    law of this State to "regional superintendent of schools"  or
33    "regional   superintendent",  or  "county  superintendent  of
34    schools" or "county superintendent" shall mean, with  respect
 
                            -4-      LRB093 05406 NHT 14408 a
 1    to  any  educational  service  region containing 2,000,000 or
 2    more  inhabitants   in   which   the   office   of   regional
 3    superintendent  of  schools  is abolished, the State Board of
 4    Education  serving  through   the   office   of   the   State
 5    Superintendent  of  Education  as  the  chief  administrative
 6    entity  of  an educational service region. Upon and after the
 7    first Monday of August 1995,  references  in  this  Code  and
 8    elsewhere  to  educational  service  regions  of 2,000,000 or
 9    fewer  inhabitants  shall  exclude  any  educational  service
10    region containing a city of 500,000 or more  inhabitants  and
11    references  in this Code and elsewhere to educational service
12    regions of  2,000,000  or  more  inhabitants  shall  mean  an
13    educational  service  region  containing a city of 500,000 or
14    more inhabitants regardless of the actual population  of  the
15    region.
16        (b-1)  Until   July  1,  2007,  references  to  "regional
17    superintendent"   shall    also    include    the    regional
18    superintendent  of schools in regions serving that portion of
19    a  Class  II  county  outside  a  city  of  500,000  or  more
20    population elected at the general election in 1994 and  every
21    4 years thereafter.
22        In  an educational service region serving that portion of
23    a  Class  II  county  outside  a  city  of  500,000  or  more
24    population, the office of regional superintendent of  schools
25    and  the regional office of education is abolished on July 1,
26    2007. On and after that date all rights, powers, duties,  and
27    responsibilities  theretofore  vested by law in and exercised
28    and performed by the regional superintendent of  schools  and
29    by any assistant regional superintendents or other assistants
30    or  employees in the office of the regional superintendent of
31    schools so abolished  shall  be  vested  in,  exercised,  and
32    performed  by the State Board of Education through the office
33    of the State Superintendent of Education. Upon  abolition  of
34    the  office  of  regional  superintendent  of schools and the
 
                            -5-      LRB093 05406 NHT 14408 a
 1    regional office of education: (i) all books,  records,  maps,
 2    papers,  and  other  documents belonging to or subject to the
 3    control or disposition of the former regional  superintendent
 4    of  schools  and  the  regional  office of education shall be
 5    transferred and delivered to the State  Board  of  Education;
 6    (ii)  possession  or  control  over all moneys, deposits, and
 7    accounts in the possession  or  subject  to  the  control  or
 8    disposition  of the former regional superintendent of schools
 9    and the regional  office  of  education,  including  but  not
10    limited  to undistributed or unexpended moneys drawn from and
11    all  amounts  on  deposit  in  the  county,  institute,   and
12    supervisory expense funds, shall be transferred to and placed
13    under  the  control  and  disposition  of  the State Board of
14    Education, excepting only those moneys or accounts,  if  any,
15    the  source  of  which  is the county treasury; and (iii) all
16    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    and  the  regional  office of education, excepting only those
20    items that were  provided  by  the  county  board,  shall  be
21    transferred and delivered to the State Board of Education.
22        Beginning July 1, 2007, any reference in this Code or any
23    other  law  of  this  State  to  "regional  superintendent of
24    schools", "regional superintendent",  "county  superintendent
25    of  schools",  or  "county  superintendent"  shall mean, with
26    respect to an educational service region serving that portion
27    of a Class II county  outside  a  city  of  500,000  or  more
28    population,  the State Board of Education serving through the
29    office of the State Superintendent of Education as the  chief
30    administrative entity of an educational service region.
31        (c)  This  Article applies to the regional superintendent
32    of a multicounty  educational  service  region  formed  under
33    Article  3A  as  well as to a single county or partial county
34    region,  except  that  in  case  of  conflict   between   the
 
                            -6-      LRB093 05406 NHT 14408 a
 1    provisions of this Article and of Article 3A in the case of a
 2    multicounty region, the provisions of Article 3A shall apply.
 3    Any  reference to "county" or to "educational service region"
 4    in this Article means a regional office of education.
 5    (Source: P.A. 87-654; 87-895; 87-1251; 88-89.)

 6        (105 ILCS 5/3-1) (from Ch. 122, par. 3-1)
 7        Sec. 3-1.  Election;  eligibility.   Quadrennially  there
 8    shall  be  elected  in  every county, except those which have
 9    been consolidated  into  a  multicounty  educational  service
10    region  under Article 3A and except those having a population
11    of 2,000,000 or more inhabitants, and beginning in 1994 until
12    2006 in that portion of a Class II county outside a  city  of
13    500,000  or  more inhabitants and constituting an educational
14    service region, a regional  superintendent  of  schools,  who
15    shall  enter  upon  the  discharge of his duties on the first
16    Monday of August next after his election; provided,  however,
17    that  the  term  of office of each regional superintendent of
18    schools in office on June 30, 2003 is terminated on  July  1,
19    2003,  except  that  an  incumbent regional superintendent of
20    schools shall  continue  to  serve  until  his  successor  is
21    elected  and  qualified,  and each regional superintendent of
22    schools elected at the general election  in  2002  and  every
23    four years thereafter shall assume office on the first day of
24    July  next after his election. No one is eligible to file his
25    petition at  any  primary  election  for  the  nomination  as
26    candidate  for  the  office  of  regional  superintendent  of
27    schools nor to enter upon the duties of such office either by
28    election  or  appointment  unless  he possesses the following
29    qualifications: (1) he is of good character,  (2)  he  has  a
30    master's degree, (3) he has earned at least 20 semester hours
31    of  credit  in  professional education at the graduate level,
32    (4) he holds a valid all grade supervisory certificate  or  a
33    valid state limited supervisory certificate, or a valid state
 
                            -7-      LRB093 05406 NHT 14408 a
 1    life  supervisory  certificate,  or  a  valid  administrative
 2    certificate,  (5)  he  has had at least 4 years experience in
 3    teaching, and (6) he was engaged for at least 2 years of  the
 4    4  previous years in full time teaching or supervising in the
 5    common public schools or serving as a  county  superintendent
 6    of  schools  or  regional  superintendent  of  schools for an
 7    educational service region in the State of Illinois.
 8        No petition of  any  candidate  for  nomination  for  the
 9    office of regional superintendent of schools may be filed and
10    no  such  candidate's  name  may  be  placed  on a primary or
11    general election ballot, unless such candidate files as  part
12    of  his  petition  a  certificate  from  the  State  Board of
13    Education certifying that from the records of its office such
14    candidate has the qualifications required  by  this  Section;
15    however, any incumbent filing his petition for nomination for
16    a  succeeding  term of office shall not be required to attach
17    such certificate to his petition of candidacy.
18        Nomination papers filed under this Section are not  valid
19    unless  the  candidate  named  therein  files with the county
20    clerk or State Board of Elections  a  statement  of  economic
21    interests  as  required  by  the Illinois Governmental Ethics
22    Act. Such receipt shall be so filed either previously  during
23    the  calendar  year in which his nomination papers were filed
24    or within the period for the filing of nomination  papers  in
25    accordance with the general election law.
26        The  changes in qualifications made by Public Act 76-1563
27    do not affect the right of an incumbent to seek reelection.
28        On and after July 1, 1994, the provisions of this Section
29    shall have no application in any educational  service  region
30    having   a  population  of  2,000,000  or  more  inhabitants;
31    provided further that no election shall be held  in  November
32    of  1994  or  at  any  other  time after July 1, 1992 for the
33    office of regional superintendent of schools in any county or
34    educational service region having a population  of  2,000,000
 
                            -8-      LRB093 05406 NHT 14408 a
 1    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, and no election shall be  held  in  2006  or
 6    thereafter  for  the  office  of  regional  superintendent of
 7    schools in an educational service region serving that portion
 8    of a Class II county  outside  a  city  of  500,000  or  more
 9    population.
10    (Source: P.A. 89-383, eff. 8-18-95; 90-280, eff. 7-31-97.)

11        (105 ILCS 5/3-2) (from Ch. 122, par. 3-2)
12        Sec.  3-2.  Oath  of  office  -  Bond  -  Salary.  Before
13    entering  upon his or her duties a regional superintendent of
14    schools shall take and subscribe the oath prescribed  by  the
15    Constitution  and execute a bond payable to the People of the
16    State of Illinois with 2 or more responsible  persons  having
17    an  interest in real estate as sureties (or, if the county is
18    self-insured, the county through its  self-insurance  program
19    may provide bonding), to be approved by the county board in a
20    penalty  of  not  less  than  $100,000,  conditioned upon the
21    faithful discharge of his or her duties and upon the delivery
22    to his or her successor  in  office  of  all  monies,  books,
23    papers  and  property  in his or her custody as such regional
24    superintendent of schools.
25        This bond shall be filed in  the  office  of  the  county
26    clerk,  and action upon it may be maintained by any corporate
27    body interested, for the benefit  of  any  township  or  fund
28    injured by any breach of its condition.
29        If  any  vacancy in the office of regional superintendent
30    of schools occurs, such vacancy shall be filled in the manner
31    provided by Section 3A-6.
32        Regional Superintendents of  Schools  shall  receive  the
33    salary provided by Section 3-2.5.
 
                            -9-      LRB093 05406 NHT 14408 a
 1        On and after July 1, 1994, the provisions of this Section
 2    shall  have  no application in any educational service region
 3    having a population of 2,000,000 or more inhabitants.
 4        Beginning July  1,  2007,  this  Section  shall  have  no
 5    application  in  an  educational  service region serving that
 6    portion of a Class II county outside a  city  of  500,000  or
 7    more population.
 8    (Source: P.A. 88-387; 89-233, eff. 1-1-96.)

 9        (105 ILCS 5/3-2.5)
10        Sec. 3-2.5. Salaries.
11        (a)  Except  as  otherwise  provided in this Section, the
12    regional superintendents of schools shall receive  for  their
13    services  an  annual  salary  according to the population, as
14    determined by the  last  preceding  federal  census,  of  the
15    region they serve, as set out in the following schedule:
16    SALARIES OF REGIONAL SUPERINTENDENTS OF
17    SCHOOLS
18        POPULATION OF REGION                        ANNUAL SALARY
19        Less than 48,000                                  $73,500
20        48,000 to 99,999                                  $78,000
21        100,000 to 999,999                                $81,500
22        1,000,000 and over                                $83,500
23        The changes made by Public Act 86-98 in the annual salary
24    that  the  regional  superintendents of schools shall receive
25    for their services shall apply to the annual salary  received
26    by  the  regional  superintendents  of schools during each of
27    their elected terms of office that commence  after  July  26,
28    1989 and before the first Monday of August, 1995.
29        The  changes  made  by  Public  Act  89-225 in the annual
30    salary that regional superintendents of schools shall receive
31    for their services shall apply to the annual salary  received
32    by  the  regional  superintendents  of  schools  during their
33    elected terms of office that commence after  August  4,  1995
 
                            -10-     LRB093 05406 NHT 14408 a
 1    and end on August 1, 1999.
 2        The  changes  made  by  this  amendatory  Act of the 91st
 3    General Assembly in  the  annual  salary  that  the  regional
 4    superintendents  of  schools shall receive for their services
 5    shall apply to the annual salary  received  by  the  regional
 6    superintendents of schools during each of their elected terms
 7    of office that commence on or after August 2, 1999.
 8        Beginning  July  1,  2000,  the  salary that the regional
 9    superintendent of schools receives for his  or  her  services
10    shall   be   adjusted  annually  to  reflect  the  percentage
11    increase, if any, in the most recent Consumer Price Index, as
12    defined  and  officially  reported  by  the   United   States
13    Department  of Labor, Bureau of Labor Statistics, except that
14    no annual increment may exceed 2.9%.  If  the  percentage  of
15    change  in the Consumer Price Index is a percentage decrease,
16    the  salary  that  the  regional  superintendent  of  schools
17    receives shall not be adjusted for that year.
18        When  regional  superintendents  are  authorized  by  the
19    School Code to appoint  assistant  regional  superintendents,
20    the assistant regional superintendent shall receive an annual
21    salary  based  on his or her qualifications and computed as a
22    percentage of the salary of the  regional  superintendent  to
23    whom  he  or  she  is  assistant, as set out in the following
24    schedule:
25    SALARIES OF ASSISTANT REGIONAL SUPERINTENDENTS
26        QUALIFICATIONS OF                    PERCENTAGE OF SALARY
27        ASSISTANT REGIONAL                            OF REGIONAL
28        SUPERINTENDENT                             SUPERINTENDENT
29        No Bachelor's degree, but State
30        certificate valid for teaching
31        and supervising.                                  70%
32        Bachelor's degree plus
33        State certificate valid
34        for supervising.                                  75%
 
                            -11-     LRB093 05406 NHT 14408 a
 1        Master's degree plus
 2        State certificate valid
 3        for supervising.                                  90%
 4        However, in any region in which the appointment  of  more
 5    than  one  assistant  regional  superintendent is authorized,
 6    whether by Section 3-15.10 of this  Code  or  otherwise,  not
 7    more  than  one  assistant may be compensated at the 90% rate
 8    and any other assistant shall be paid at  not  exceeding  the
 9    75% rate, in each case depending on the qualifications of the
10    assistant.
11        The  salaries  provided  in  this  Section  for  regional
12    superintendents  and  assistant  regional superintendents are
13    payable monthly from  the  Common  School  Fund.   The  State
14    Comptroller  in  making  his or her warrant to any county for
15    the amount due it from the Common School  Fund  shall  deduct
16    from  it  the  several  amounts  for which warrants have been
17    issued to the  regional  superintendent,  and  any  assistant
18    regional  superintendent,  of  the educational service region
19    encompassing the county since the preceding apportionment  of
20    the Common School Fund.
21        County boards may provide for additional compensation for
22    the   regional   superintendent  or  the  assistant  regional
23    superintendents, or for each of them, to  be  paid  quarterly
24    from the county treasury.
25        (b)  Upon  abolition  on  July  1, 1994, of the office of
26    regional superintendent of  schools  in  educational  service
27    regions  containing 2,000,000 or more inhabitants as provided
28    in Section 3-0.01 of this Code, the provisions of  subsection
29    (a)  of this Section shall no longer apply in any educational
30    service region in which the office of regional superintendent
31    of  schools  is  so  abolished,  and  no  salary   or   other
32    compensation  shall  be  payable under that subsection (a) or
33    under any other provision of this Section with respect to the
34    office so abolished or with respect to any assistant position
 
                            -12-     LRB093 05406 NHT 14408 a
 1    to the office so abolished.
 2        (b-5)  Upon abolition on July 1, 2007 of  the  office  of
 3    regional superintendent of schools and the regional office of
 4    education  in  an  educational  service  region  serving that
 5    portion of a Class II county outside a  city  of  500,000  or
 6    more  population  as provided in Section 3-0.01 of this Code,
 7    subsection (a) of this Section shall no longer apply  in  the
 8    educational   service   region,   and   no  salary  or  other
 9    compensation shall be payable under  subsection  (a)  or  any
10    other provision of this Section with respect to the office so
11    abolished  or  with  respect to any assistant position to the
12    office so abolished.
13        (c)  If the State pays all or any portion of the employee
14    contributions required under Section 16-152 of  the  Illinois
15    Pension  Code  for employees of the State Board of Education,
16    it shall also pay  the  employee  contributions  required  of
17    regional  superintendents  of  schools and assistant regional
18    superintendents of schools on the same basis,  but  excluding
19    any  contributions  based on compensation that is paid by the
20    county rather than the State.
21        This subsection (c) applies  to  contributions  based  on
22    payments  of  salary  earned after the effective date of this
23    amendatory Act of the 91st General Assembly, except  that  in
24    the  case  of  an elected regional superintendent of schools,
25    this subsection does not  apply  to  contributions  based  on
26    payments  of  salary  earned  during  a  term  of office that
27    commenced before the effective date of this amendatory Act.
28    (Source: P.A. 91-276, eff. 7-23-99.)

29        (105 ILCS 5/3-3) (from Ch. 122, par. 3-3)
30        Sec. 3-3. Practice of other profession.  It  is  unlawful
31    for  any  county  superintendent of schools to practice or to
32    hold  himself  out  as  practicing  any   other   profession.
33    Violation  of  this section shall be a cause of forfeiture of
 
                            -13-     LRB093 05406 NHT 14408 a
 1    office.
 2        On and after July 1, 1994, the provisions of this Section
 3    shall have no application in any educational  service  region
 4    having a population of 2,000,000 or more inhabitants.
 5        Beginning  July  1,  2007,  this  Section  shall  have no
 6    application in an educational  service  region  serving  that
 7    portion  of  a  Class  II county outside a city of 500,000 or
 8    more population.
 9    (Source: P.A. 87-654; 87-1251.)

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

27        (105 ILCS 5/3-15.9) (from Ch. 122, par. 3-15.9)
28        Sec.   3-15.9.  Delivery  of  money,  books,  papers  and
29    property to successor. Upon his removal or resignation, or at
30    the expiration of his term of office, or in case of his death
31    his representatives to deliver to his successor in office, on
32    demand, all  moneys,  books,  papers  and  personal  property
 
                            -14-     LRB093 05406 NHT 14408 a
 1    belonging  to  his  office  or  subject  to  his  control  or
 2    disposition.
 3        On and after July 1, 1994, the provisions of this Section
 4    shall  have  no application in any educational service region
 5    having a population of 2,000,000 or more inhabitants.
 6        Beginning July  1,  2007,  this  Section  shall  have  no
 7    application  in  an  educational  service region serving that
 8    portion of a Class II county outside a  city  of  500,000  or
 9    more population.
10    (Source: P.A. 87-654; 87-1251.)

11        (105 ILCS 5/3-15.10) (from Ch. 122, par. 3-15.10)
12        Sec.   3-15.10.  Assistant  Regional  Superintendent.  To
13    employ, in counties or regions of  2,000,000  inhabitants  or
14    less, in addition to any assistants authorized to be employed
15    with  the approval of the county board, an assistant regional
16    superintendent of schools who  shall  be  a  person  of  good
17    attainment,   versed   in   the  principles  and  methods  of
18    education, and qualified to teach and supervise schools under
19    Article 21 of this Act; to fix the term of such assistant and
20    direct his work and define his duties. Until July 1, 2007, in
21    regions established within that portion of a Class II  county
22    outside  a  city of 500,000 or more inhabitants, the regional
23    superintendent may employ,  in  addition  to  any  assistants
24    authorized  to  be  employed  with the approval of the county
25    board,  3  assistant  regional  superintendents  of  schools.
26    Until  July  1,  1994,  in  counties  or  regions  having   a
27    population  of  more  than 2,000,000 inhabitants the regional
28    superintendent may employ,  in  addition  to  any  assistants
29    authorized  to  be  employed  with the approval of the county
30    board, 11  assistant  regional  superintendents  of  schools.
31    Assistant  regional superintendents shall each be a person of
32    good attainment, versed in  the  principles  and  methods  of
33    education, and qualified to teach and supervise schools under
 
                            -15-     LRB093 05406 NHT 14408 a
 1    Article  21  of this Act. The work of such assistant regional
 2    superintendent shall be so arranged  and  directed  that  the
 3    county    or    regional    superintendent    and   assistant
 4    superintendent, together, shall  devote  an  amount  of  time
 5    during  the  school  year, equal to at least the full time of
 6    one individual, to the supervision of schools and of teaching
 7    in the schools of the county.
 8        Notwithstanding any of the provisions  of  this  Section,
 9    any person who, on July 1, 1955, was employed as an assistant
10    county  superintendent of schools shall be qualified for that
11    position if he holds a state certificate valid  for  teaching
12    and supervising.
13        On July 1, 1994, the employment of all persons serving as
14    assistant county or regional superintendents in any county or
15    educational  service  region having a population of more than
16    2,000,000 inhabitants is terminated, the office of  assistant
17    county  or  regional  superintendent  in  each such county or
18    educational service region is  abolished,  and  this  Section
19    shall,   from  and  after  July  1,  1994,  have  no  further
20    application in any such county or educational service region.
21        On July 1, 2007, the employment of all persons serving as
22    assistant  county   or   regional   superintendents   in   an
23    educational service region serving that portion of a Class II
24    county  outside  a  city  of  500,000  or  more population is
25    terminated,  the  office  of  assistant  county  or  regional
26    superintendent  in  that  educational   service   region   is
27    abolished,  and  this  Section shall, beginning July 1, 2007,
28    have no  further  application  in  that  educational  service
29    region.
30        A regional superintendent of schools shall not employ his
31    or  her spouse, child, stepchild, or relative as an assistant
32    regional superintendent of schools. By September 1 each year,
33    a regional superintendent shall certify to the State Board of
34    Education that he or she has complied with this paragraph. If
 
                            -16-     LRB093 05406 NHT 14408 a
 1    the State Board of Education becomes aware of the fact that a
 2    regional superintendent  is  employing  his  or  her  spouse,
 3    child,  stepchild,  or  relative  as  an  assistant  regional
 4    superintendent,  the  State  Board  of  Education  shall  not
 5    request  for  payment from the State Comptroller any warrants
 6    for the payment of the  assistant  regional  superintendent's
 7    salary.  In  this  paragraph, "relative" means a grandparent,
 8    parent, aunt, uncle, sibling, first  cousin,  nephew,  niece,
 9    grandchild, or spouse of one of these persons. This paragraph
10    applies  only  to contracts for employment entered into on or
11    after the effective date of this amendatory Act of  the  91st
12    General Assembly.
13    (Source: P.A. 91-764, eff. 6-9-00.)

14        (105 ILCS 5/3A-2) (from Ch. 122, par. 3A-2)
15        Sec.  3A-2. Regional superintendent-County superintendent
16    of  schools.     The  chief  administrative  officer  of   an
17    educational  service  region shall be designated and referred
18    to as  "Regional  Superintendent  of  Schools"  or  "regional
19    superintendent."
20        Such  person  shall,  in  his region, have the powers and
21    duties and perform the functions required of  or  exercisable
22    by  a  county  superintendent of schools, except as otherwise
23    provided by law.
24        Any reference to "county superintendent  of  schools"  in
25    The  School  Code  or  any  other  Illinois statute means and
26    refers to the  regional  superintendent  of  schools  for  an
27    educational service region.
28        In  an educational service region serving that portion of
29    a  Class  II  county  outside  a  city  of  500,000  or  more
30    population, the office of regional superintendent of  schools
31    is abolished on July 1, 2007 as provided in Section 3-0.01 of
32    this Code.
33    (Source: P.A. 79-1057.)
 
                            -17-     LRB093 05406 NHT 14408 a
 1        (105 ILCS 5/3A-6) (from Ch. 122, par. 3A-6)
 2        Sec.  3A-6.  Election  of Superintendent for consolidated
 3    region - Bond - Vacancies in any educational service region.
 4        (a)  The regional  superintendent  to  be  elected  under
 5    Section  3A-5  shall  be  elected at the time provided in the
 6    general election law  and  must  possess  the  qualifications
 7    described in Section 3-1 of this Act.
 8        (b)  The  bond  required under Section 3-2 shall be filed
 9    in the office of the county clerk in  the  county  where  the
10    regional  office  is  situated,  and a certified copy of that
11    bond shall be filed in the office of the county clerk in each
12    of the other counties in the region.
13        (c)  When a vacancy occurs  in  the  office  of  regional
14    superintendent  of  schools of any educational service region
15    which is not located in a county which is a home  rule  unit,
16    such   vacancy   shall  be  filled  within  60  days  (i)  by
17    appointment of the chairman of the  county  board,  with  the
18    advice  and  consent  of  the county board, when such vacancy
19    occurs in a single county educational service region; or (ii)
20    by appointment of a committee composed of the chairmen of the
21    county boards  of  those  counties  comprising  the  affected
22    educational  service  region  when  such  vacancy occurs in a
23    multicounty educational service region, each committeeman  to
24    be  entitled  to  one vote for each vote that was received in
25    the county represented by such committeeman on the  committee
26    by  the  regional  superintendent  of schools whose office is
27    vacant  at  the   last   election   at   which   a   regional
28    superintendent  was  elected  to  such office, and the person
29    receiving the highest number of affirmative  votes  from  the
30    committeemen  for  such vacant office to be deemed the person
31    appointed  by  such  committee  to  fill  the  vacancy.   The
32    appointee  shall  be  a member of the same political party as
33    the regional superintendent of schools the appointee succeeds
34    was at the time such regional superintendent of schools  last
 
                            -18-     LRB093 05406 NHT 14408 a
 1    was  elected.  The appointee shall serve for the remainder of
 2    the term.  However, if more than 28  months  remain  in  that
 3    term,  the  appointment  shall  be  until  the  next  general
 4    election, at which time the vacated office shall be filled by
 5    election for the remainder of the term.  Nominations shall be
 6    made  and  any  vacancy  in  nomination  shall  be  filled as
 7    follows:
 8             (1)  If the vacancy  in  office  occurs  before  the
 9        first  date provided in Section 7-12 of the Election Code
10        for filing nomination papers for county offices  for  the
11        primary   in   the   next  even-numbered  year  following
12        commencement of the term of office in which  the  vacancy
13        occurs,  nominations  for  the  election  for filling the
14        vacancy shall be  made  pursuant  to  Article  7  of  the
15        Election Code.
16             (2)  If the vacancy in office occurs during the time
17        provided  in Section 7-12 of the Election Code for filing
18        nomination papers for county offices for the  primary  in
19        the next even-numbered year following commencement of the
20        term  of office in which the vacancy occurs, the time for
21        filing nomination papers for the  primary  shall  not  be
22        more than 91 days nor less than 85 days prior to the date
23        of the primary.
24             (3)  If  the vacancy in office occurs after the last
25        day provided in Section 7-12 of  the  Election  Code  for
26        filing  nomination  papers  for  county  offices  for the
27        primary  in  the  next   even-numbered   year   following
28        commencement  of  the term of office in which the vacancy
29        occurs, a vacancy in nomination shall be deemed  to  have
30        occurred   and  the  county  central  committee  of  each
31        established political party (if the vacancy occurs  in  a
32        single   county   educational   service  region)  or  the
33        multi-county educational service region committee of each
34        established political party (if the vacancy occurs  in  a
 
                            -19-     LRB093 05406 NHT 14408 a
 1        multi-county  educational service region) shall nominate,
 2        by  resolution,  a  candidate  to  fill  the  vacancy  in
 3        nomination for election to  the  office  at  the  general
 4        election.   In  the  nomination  proceedings  to fill the
 5        vacancy in nomination, each member of the county  central
 6        committee  or the multi-county educational service region
 7        committee,  whichever  applies,  shall  have  the  voting
 8        strength as set forth in Section 7-8  or  7-8.02  of  the
 9        Election  Code,  respectively.  The name of the candidate
10        so nominated shall  not  appear  on  the  ballot  at  the
11        general  primary  election.   The  vacancy  in nomination
12        shall be filled prior to the  date  of  certification  of
13        candidates for the general election.
14             (4)  The  resolution  to  fill  the vacancy shall be
15        duly acknowledged before an  officer  qualified  to  take
16        acknowledgments  of  deeds  and  shall  include, upon its
17        face, the following information:  (A)  the  name  of  the
18        original  nominee and the office vacated; (B) the date on
19        which the vacancy occurred; and (C) the name and  address
20        of  the nominee selected to fill the vacancy and the date
21        of selection. The resolution to fill the vacancy shall be
22        accompanied by a statement of candidacy, as prescribed in
23        Section 7-10 of  the  Election  Code,  completed  by  the
24        selected  nominee,  a certificate from the State Board of
25        Education, as prescribed in Section 3-1 of this Code, and
26        a  receipt  indicating  that  the  nominee  has  filed  a
27        statement  of  economic  interests  as  required  by  the
28        Illinois Governmental Ethics Act.
29    The provisions  of  Sections  10-8  through  10-10.1  of  the
30    Election  Code  relating  to objections to nomination papers,
31    hearings on objections, and judicial review shall also  apply
32    to and govern objections to nomination papers and resolutions
33    for  filling  vacancies  in nomination filed pursuant to this
34    Section.  Unless otherwise specified  in  this  Section,  the
 
                            -20-     LRB093 05406 NHT 14408 a
 1    nomination  and  election  provided  for  in  this Section is
 2    governed by the general election law.
 3        Except  as  otherwise  provided  by   applicable   county
 4    ordinance  or  by  law,  if a vacancy occurs in the office of
 5    regional superintendent of schools of an educational  service
 6    region  that  is located in a county that is a home rule unit
 7    and that has a population of less than 2,000,000 inhabitants,
 8    that vacancy shall be filled by the county board of such home
 9    rule county.
10        Until July 1, 2003 or until the  regional  superintendent
11    of  schools  elected  in  2002 takes office, whichever occurs
12    first,  if  a  vacancy  exists  in  the  office  of  regional
13    superintendent of schools of an  educational  service  region
14    that is located in a county that is a home rule unit and that
15    has  a population of 2,000,000 or more inhabitants, then that
16    vacancy   shall   be   filled   by   the   first    assistant
17    superintendent/deputy  superintendent  until  the  end of the
18    term to which the regional superintendent was elected.
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        Any  person  appointed to fill a vacancy in the office of
24    regional superintendent of schools of any educational service
25    region must possess the qualifications required to be elected
26    to the position of regional superintendent  of  schools,  and
27    shall  obtain  a  certificate  of  eligibility from the State
28    Superintendent of Education  and file same  with  the  county
29    clerk  of  the  county in which the regional superintendent's
30    office is located.
31        If the regional superintendent of schools is called  into
32    the  active military service of the United States, his office
33    shall not be deemed to be vacant, but a temporary appointment
34    shall be made as in the case  of  a  vacancy.  The  appointee
 
                            -21-     LRB093 05406 NHT 14408 a
 1    shall  perform  all the duties of the regional superintendent
 2    of schools during the time  the  regional  superintendent  of
 3    schools  is  in  the  active  military  service of the United
 4    States, and shall be paid the same  compensation  apportioned
 5    as  to  the  time  of  service,  and such appointment and all
 6    authority thereunder shall cease upon the  discharge  of  the
 7    regional  superintendent of schools from such active military
 8    service.  The appointee  shall  give  the  same  bond  as  is
 9    required  of  a  regularly elected regional superintendent of
10    schools.
11    (Source: P.A. 92-277, eff. 8-7-01; 92-869, eff. 1-3-03.)".