Full Text of HB5415 96th General Assembly
HB5415 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5415
Introduced 2/5/2010, by Rep. Annazette Collins SYNOPSIS AS INTRODUCED: |
|
105 ILCS 5/34-3 |
from Ch. 122, par. 34-3 |
105 ILCS 5/34-4 |
from Ch. 122, par. 34-4 |
|
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. Effective immediately.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB5415 |
|
LRB096 18723 NHT 34108 b |
|
| 1 |
| AN ACT concerning education.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The School Code is amended by changing Sections | 5 |
| 34-3 and 34-4 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 | 8 |
| Chicago Board of
Education; members; term; vacancies.
| 9 |
| (a) Within 30 days after the effective date of this | 10 |
| amendatory Act of
1995, the terms of all members of the Chicago | 11 |
| Board of Education
holding office on that date are abolished | 12 |
| and the Mayor shall appoint,
without the consent or approval of | 13 |
| the City Council, a 5 member
Chicago School Reform Board of | 14 |
| Trustees which shall take office upon the
appointment of the | 15 |
| fifth member. The Chicago School
Reform Board of Trustees and | 16 |
| its members
shall serve until, and the terms of all members of | 17 |
| the Chicago School
Reform Board of Trustees shall expire on, | 18 |
| June 30, 1999 or upon the
appointment of a new Chicago Board of | 19 |
| Education as provided
in subsection (b), whichever is later. | 20 |
| Any vacancy in the membership of
the Trustees shall be filled | 21 |
| through appointment by the Mayor,
without the consent or | 22 |
| approval of the City Council, for the unexpired term.
One of | 23 |
| the members appointed by the Mayor to the Trustees shall
be |
|
|
|
HB5415 |
- 2 - |
LRB096 18723 NHT 34108 b |
|
| 1 |
| designated by the Mayor to serve as President of the Trustees. | 2 |
| The
Mayor shall appoint a full-time, compensated
chief | 3 |
| executive officer, and his or her compensation as such chief | 4 |
| executive
officer shall be determined by the Mayor. The Mayor, | 5 |
| at his or her discretion,
may appoint the President to serve | 6 |
| simultaneously as the chief executive
officer.
| 7 |
| (b) This subsection (b) applies until April 12, 2011. | 8 |
| Within 30 days before the expiration of the terms of the | 9 |
| members of
the Chicago Reform Board of Trustees as provided in | 10 |
| subsection (a), a new
Chicago Board of Education consisting of | 11 |
| 7 members shall be appointed by the
Mayor to take office on the | 12 |
| later of July 1, 1999 or the appointment of the
seventh member. | 13 |
| Three of the members initially so appointed under this
| 14 |
| subsection shall serve for terms ending June 30, 2002, 4 of the | 15 |
| members
initially so appointed under this subsection shall | 16 |
| serve for terms ending
June 30, 2003, and each member initially | 17 |
| so appointed shall continue to hold
office until his or her | 18 |
| successor is appointed and qualified. Thereafter at
the | 19 |
| expiration of the term of any member a successor
shall be | 20 |
| appointed by the Mayor and shall hold office for a term of 4 | 21 |
| years,
from July 1 of the year in which the term commences and | 22 |
| until a successor
is appointed and qualified. Any vacancy in | 23 |
| the membership of the Chicago Board
of Education shall be | 24 |
| filled through appointment by the Mayor for the
unexpired term. | 25 |
| No appointment to membership on the
Chicago Board of Education | 26 |
| that is made by the Mayor under
this subsection shall require |
|
|
|
HB5415 |
- 3 - |
LRB096 18723 NHT 34108 b |
|
| 1 |
| the approval of the City
Council, whether the appointment is | 2 |
| made for a full term or to fill a vacancy
for an unexpired term | 3 |
| on the Board. | 4 |
| (b-5) On April 12, 2011, the terms of all members of the | 5 |
| Chicago Board of Education appointed under subsection (b) of | 6 |
| this Section are abolished when the new board, consisting of 7 | 7 |
| members, is elected at large by the electors of the school | 8 |
| district as provided in this subsection (b-5) and takes office. | 9 |
| Beginning on April 12, 2011, the school district shall be | 10 |
| governed by a school board consisting of 7 members. An election | 11 |
| shall be held at the consolidated election in April of 2011 and | 12 |
| every second year thereafter. Each member shall be elected for | 13 |
| a term of 4 years, commencing on the second Tuesday in April of | 14 |
| the year in which the member is elected, and until the member's | 15 |
| successor is elected and has qualified, except that members of | 16 |
| the board elected to terms commencing on April 12, 2011 shall | 17 |
| organize on the date their terms commence, and on that date | 18 |
| shall determine by lot 4 to serve for terms of 4 years and 3 to | 19 |
| serve for terms of 2 years. | 20 |
| On April 12, 2011 and within 28 days after each | 21 |
| consolidated election thereafter, the board shall organize by | 22 |
| electing its officers and fixing a time and place for the | 23 |
| regular meetings. Upon organizing itself as provided in this | 24 |
| subsection (b-5), the board shall enter upon the discharge of | 25 |
| its duties. | 26 |
| Nomination papers filed under this Section are not valid |
|
|
|
HB5415 |
- 4 - |
LRB096 18723 NHT 34108 b |
|
| 1 |
| unless the candidate named therein files with the secretary of | 2 |
| the board or with a person designated by the board to receive | 3 |
| nominating petitions a receipt
from the county clerk showing | 4 |
| that the candidate has filed a statement of
economic interests | 5 |
| as required by the Illinois Governmental Ethics Act. The | 6 |
| receipt shall be so filed either previously during the calendar | 7 |
| year
in which the nomination papers were filed or within the | 8 |
| period for the filing of nomination papers in accordance with | 9 |
| the general election law. | 10 |
| Whenever a vacancy in the board occurs, the remaining | 11 |
| members of the board shall notify the Mayor of that vacancy | 12 |
| within 5 days after its occurrence and shall proceed to fill | 13 |
| the vacancy until the next regular school election, at which | 14 |
| election a successor shall be elected to serve the
remainder of | 15 |
| the unexpired term. However, if the vacancy occurs with less | 16 |
| than 28 months remaining in the term or if the vacancy occurs | 17 |
| less than 88 days before the next regular school election, then | 18 |
| the person so appointed shall serve the remainder of the | 19 |
| unexpired term, and no election to fill the vacancy shall be | 20 |
| held. The successor shall have the same residential and other | 21 |
| qualifications as his or her predecessor. Should the remaining | 22 |
| board members fail so to act within 45 days after the vacancy | 23 |
| occurs, the Mayor shall within 30 days after the
remaining | 24 |
| members have failed to fill the vacancy, fill the vacancy as
| 25 |
| provided for herein. Upon the Mayor's failure to fill the
| 26 |
| vacancy, the vacancy shall be filled at the next regular school
|
|
|
|
HB5415 |
- 5 - |
LRB096 18723 NHT 34108 b |
|
| 1 |
| election. The successor shall have the same residential and | 2 |
| other
qualifications as his or her predecessor. | 3 |
| (b-10) The board shall elect annually from its
number a | 4 |
| president and vice-president, in such
manner and at such
time | 5 |
| as the board determines by its rules. The officers so elected | 6 |
| shall each
perform the duties imposed upon their respective | 7 |
| office by the rules of the
board, provided that (i) the | 8 |
| president shall preside at meetings of the board
and vote as | 9 |
| any other member but have no power of veto, and (ii) the vice
| 10 |
| president shall perform the duties of the president if that | 11 |
| office is vacant or
the president is absent or unable to act.
| 12 |
| The secretary of the Board shall be selected by the Board and | 13 |
| shall be an
employee of the Board rather than a member of the | 14 |
| Board, notwithstanding
subsection (d) of Section 34-3.3. The | 15 |
| duties of the secretary shall be
imposed by the rules of the | 16 |
| Board.
| 17 |
| (c) The board may appoint a student to the board to serve | 18 |
| in an advisory capacity. The student member shall serve for a | 19 |
| term as determined by the board. The board may not grant the | 20 |
| student member any voting privileges, but shall consider the | 21 |
| student member as an advisor. The student member may not | 22 |
| participate 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 |
|
|
|
HB5415 |
- 6 - |
LRB096 18723 NHT 34108 b |
|
| 1 |
| appointment to the board, a
person shall be a citizen of the | 2 |
| United States, shall be a registered voter
as provided in the | 3 |
| Election Code, shall have been a resident of the city for at
| 4 |
| least 3 years immediately
preceding his or her election | 5 |
| appointment , and shall not be a child sex offender
as defined | 6 |
| in Section 11-9.3 of the
Criminal Code of 1961. Permanent | 7 |
| removal from the city by any member of
the board during his | 8 |
| term of office constitutes a resignation therefrom and
creates | 9 |
| a vacancy in the board. Except for the President of the Chicago
| 10 |
| School Reform Board of Trustees who may be paid compensation | 11 |
| for his or her
services as chief executive officer as | 12 |
| determined by the Mayor as provided in
subsection (a) of | 13 |
| Section 34-3, board members shall serve without any
| 14 |
| compensation; provided, that board members shall be reimbursed | 15 |
| for expenses
incurred while in the performance of their duties | 16 |
| upon submission of proper
receipts or upon submission of a | 17 |
| signed voucher in the case of an expense
allowance evidencing | 18 |
| the amount of such reimbursement or allowance to the
president | 19 |
| of the board for verification and approval. The board of
| 20 |
| education may continue to provide health care insurance | 21 |
| coverage, employer
pension contributions, employee pension | 22 |
| contributions, and life insurance
premium payments for an | 23 |
| employee required to resign from
an administrative, teaching, | 24 |
| or career service position in order to qualify
as a member of | 25 |
| the board of education. They shall not hold other public
office | 26 |
| under the Federal, State or any local government other than |
|
|
|
HB5415 |
- 7 - |
LRB096 18723 NHT 34108 b |
|
| 1 |
| that of
Director of the Regional Transportation Authority, | 2 |
| member of the economic
development commission of a city having | 3 |
| a population exceeding 500,000,
notary public or member of the | 4 |
| National Guard, and by accepting any such
office while members | 5 |
| of the board, or by not resigning any such office held
at the | 6 |
| time of being elected appointed to the board within 30 days | 7 |
| after such election
appointment , shall be deemed to have | 8 |
| vacated their membership in the board.
| 9 |
| (Source: P.A. 93-309, eff. 1-1-04.)
| 10 |
| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.
|
|