Illinois General Assembly - Full Text of SB0827
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Full Text of SB0827  102nd General Assembly

SB0827sam001 102ND GENERAL ASSEMBLY

Sen. Kimberly A. Lightford

Filed: 4/15/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 827

2    AMENDMENT NO. ______. Amend Senate Bill 827 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 34-3, 34-3.2, 34-4, and 34-13.1 and by adding
6Sections 34-4.1 and 34-21.9 as follows:
 
7    (105 ILCS 5/34-3)  (from Ch. 122, par. 34-3)
8    Sec. 34-3. Chicago School Reform Board of Trustees; new
9Chicago Board of Education; members; term; vacancies.
10    (a) Within 30 days after the effective date of this
11amendatory Act of 1995, the terms of all members of the Chicago
12Board of Education holding office on that date are abolished
13and the Mayor shall appoint, without the consent or approval
14of the City Council, a 5 member Chicago School Reform Board of
15Trustees which shall take office upon the appointment of the
16fifth member. The Chicago School Reform Board of Trustees and

 

 

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1its members shall serve until, and the terms of all members of
2the Chicago School Reform Board of Trustees shall expire on,
3June 30, 1999 or upon the appointment of a new Chicago Board of
4Education as provided in subsection (b), whichever is later.
5Any vacancy in the membership of the Trustees shall be filled
6through appointment by the Mayor, without the consent or
7approval of the City Council, for the unexpired term. One of
8the members appointed by the Mayor to the Trustees shall be
9designated by the Mayor to serve as President of the Trustees.
10The Mayor shall appoint a full-time, compensated chief
11executive officer, and his or her compensation as such chief
12executive officer shall be determined by the Mayor. The Mayor,
13at his or her discretion, may appoint the President to serve
14simultaneously as the chief executive officer.
15    (b) Within 30 days before the expiration of the terms of
16the members of the Chicago Reform Board of Trustees as
17provided in subsection (a), a new Chicago Board of Education
18consisting of 7 members shall be appointed by the Mayor to take
19office on the later of July 1, 1999 or the appointment of the
20seventh member. Three of the members initially so appointed
21under this subsection shall serve for terms ending June 30,
222002, 4 of the members initially so appointed under this
23subsection shall serve for terms ending June 30, 2003, and
24each member initially so appointed shall continue to hold
25office until his or her successor is appointed and qualified.
26Three members appointed for a term commencing on July 1, 2022

 

 

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1shall serve for terms ending on June 30, 2026. Two members
2appointed for terms commencing on July 1, 2023 shall serve for
3terms ending on June 30, 2026. Two members appointed for terms
4commencing on July 1, 2023 shall serve for terms ending on June
530, 2028. After the 2026 election, the Chicago Board of
6Education shall be comprised initially of a 7-member board, of
7which 5 members shall be appointed and 2 members shall be
8elected pursuant to subsection (b-10). The Mayor shall appoint
93 more members to the Chicago Board of Education to hold office
10and serve terms of 4 years, from terms commencing on July 1,
112026, to serve along with the appointed members whose terms
12run through June 30, 2028 and the members elected in 2026.
13Beginning with the 2028 election, the Chicago Board of
14Education shall transition to an 11-member board, of which 8
15members shall be appointed and 3 members shall be elected
16pursuant to subsection (b-10). The Mayor shall appoint 5 more
17members to the Chicago Board of Education to hold office and
18serve terms of 4 years, from terms commencing on July 1, 2028,
19to serve along with the members appointed in 2026 and the
20elected members. Thereafter at the expiration of the term of
21any member a successor shall be appointed by the Mayor and
22shall hold office for a term of 4 years, from July 1 of the
23year in which the term commences and until a successor is
24appointed and qualified. In making an appointment pursuant to
25this subsection, the Mayor shall strive to achieve
26representation that reflects the diversity of the City of

 

 

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1Chicago and the school district. Any vacancy in the membership
2of the Chicago Board of Education shall be filled through
3appointment by the Mayor for the unexpired term. For a vacancy
4of an elected member, the Mayor shall fill the vacancy with an
5appointee from the same subdistrict who fulfills all of the
6eligibility qualifications set forth in Section 34-4. No
7appointment to membership on the Chicago Board of Education
8that is made by the Mayor under this subsection shall require
9the approval of the City Council, whether the appointment is
10made for a full term or to fill a vacancy for an unexpired term
11on the Board.
12    (b-5) A vacancy occurs on the happening of any of the
13following events before the expiration of the member's term:
14        (1) The death of the member.
15        (2) The member submits the member's resignation in
16    writing.
17        (3) The member becomes a person under legal
18    disability.
19        (4) The member is convicted of an infamous crime or of
20    any of the offenses enumerated in Section 34-18.5.
21        (5) The member is removed from office.
22        (6) A decision of a competent tribunal declares the
23    elected member's election void.
24        (7) The member becomes employed by the board.
25    (b-10) Beginning with the election in 2026, 2 members of
26the board shall be elected by the electors of the school

 

 

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1district as provided in this subsection for a term beginning
2on July 1, 2026. These elected members shall serve along with
3the appointed members as provided for in subsection (b).
4Beginning with the election in 2028, one more member of the
5board shall be elected by the electors of the school district
6as provided in this subsection. Each member shall be elected
7for a term of 4 years. Thereafter, elections for members of the
8board shall take place in even-numbered years at the
9expiration of the 4-year terms.
10    For purposes of the elections conducted under this
11subsection, the City of Chicago shall be subdivided into 3
12electoral subdistricts pursuant to Section 34-21.9. Each
13electoral subdistrict shall be represented by an elected
14member.
15    Elections conducted pursuant to this Section shall be
16scheduled and conducted by the board at the same time as the
17election for local school council pursuant to Section 34-2.1
18and as provided in this Section and in accordance with rules
19established by the board.
20    Beginning in 2026, the election of these members shall be
21conducted by ranked-choice voting as set forth in subsection
22(b-15).
23    (b-15) The determination of a winner in an election for
24office shall be by ranked-choice voting. Except as provided in
25subsections (b-20) and (b-25), the following procedures shall
26be used to determine the winner of an election determined by

 

 

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1ranked-choice voting. The ranked-choice voting count must
2proceed in rounds. In each round, the number of votes for each
3continuing candidate must be counted. Each continuing ballot
4counts as one vote for its highest-ranked continuing candidate
5for that round. If exhausted ballots are not counted for any
6continuing candidate, the round ends with one of the following
72 potential outcomes:
8        (1) If there are 2 or fewer continuing candidates, the
9    candidate with the most votes is declared the winner of
10    the election.
11        (2) If there are more than 2 continuing candidates,
12    the last-place candidate is defeated and a new round
13    begins.
14    (b-20) A tie under this Section between last-place
15candidates in any round must be decided by lot and the
16candidate chosen by lot is defeated. The result of the tie
17resolution must be recorded and reused in the event of a
18recount. A tie between candidates for the most votes in the
19final round must be decided by lot as provided for in the rules
20established by the board.
21    (b-25) The board shall adopt rules for the proper and
22efficient administration of elections determined by
23ranked-choice voting. At a minimum, the rules shall include
24procedures for requesting and conducting recounts of the
25results as determined in the rounds of counting described in
26subsection (b-15).

 

 

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1    (b-30) Within 28 days after the elected and appointed
2members take office and every 2 years thereafter, the Mayor
3The board shall appoint elect annually from its number a
4president and vice-president, in such manner and at such time
5as the board determines by its rules. The officers so
6appointed elected shall each perform the duties imposed upon
7their respective office by the rules of the board, provided
8that (i) the president shall preside at meetings of the board
9and vote as any other member but have no power of veto, and
10(ii) the vice president shall perform the duties of the
11president if that office is vacant or the president is absent
12or unable to act. The secretary of the Board shall be selected
13by the Board and shall be an employee of the Board rather than
14a member of the Board, notwithstanding subsection (d) of
15Section 34-3.3. The duties of the secretary shall be imposed
16by the rules of the Board.
17    (b-35) No later than June 30, 2030, the General Assembly
18must review the election of members of the Chicago Board of
19Education pursuant to the changes made to this Section by this
20amendatory Act of the 102nd General Assembly. If the General
21Assembly has not reauthorized the election of members of the
22Chicago Board of Education under the changes made to this
23Section by this amendatory Act of the 102nd General Assembly
24by June 30, 2030, then, on June 30, 2032, the terms of all
25members elected in 2028 and 2030 under the changes made to this
26Section by this amendatory Act of the 102nd General Assembly

 

 

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1shall end, and a new Chicago Board of Education consisting of 7
2members shall be appointed by the Mayor. Three of the members
3initially so appointed under this subsection shall serve for
4terms ending June 30, 2034, 4 of the members initially so
5appointed under this subsection shall serve for terms ending
6June 30, 2036, and each member initially so appointed shall
7continue to hold office until the member's successor is
8appointed and qualified. After the expiration of the term of
9any member, a successor shall be appointed by the Mayor and
10shall hold office for a term of 4 years, from July 1 of the
11year in which the term commences and until a successor is
12appointed and qualified.
13    (b-40) On July 1, 2028, the board shall commence an
14independent review process of the current board governance
15structure and outcomes as of July 1, 2028 that shall include,
16but is not be limited to, the financial stability of the school
17district, the academic growth and progress of students, the
18development of sound academic and administrative policy, the
19adherence by the board to sound and ethical governing
20principles, and other metrics that the board identifies to
21assess the current governance structure. A report shall
22include this review along with recommendations regarding the
23future board governance structure. The board shall commission
24an independent research entity to conduct the review and
25provide the report. The report shall be provided to the board
26and the General Assembly on or before June 30, 2029. The report

 

 

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1shall be used by the General Assembly in consideration of the
2reauthorization set forth in subsection (b-35).
3    (c) The board may appoint a student to the board to serve
4in an advisory capacity. The student member shall serve for a
5term as determined by the board. The board may not grant the
6student member any voting privileges, but shall consider the
7student member as an advisor. The student member may not
8participate in or attend any executive session of the board.
9(Source: P.A. 94-231, eff. 7-14-05.)
 
10    (105 ILCS 5/34-3.2)  (from Ch. 122, par. 34-3.2)
11    Sec. 34-3.2. Board training. After January 1, 1990 all
12board members shall participate in training provided by board
13employees or not-for-profit organizations, including without
14limitation the following:
15    1. finance, accounting, budget, and revenue review;
16    2. education theory and board governance;
17    3. governmental relations;
18    4. school-based management operations and leadership
19training; and
20    5. State and federal education law and regulations; .
21    6. risk management; and
22    7. community and stakeholder engagement.
23(Source: P.A. 85-1418; 86-1477.)
 
24    (105 ILCS 5/34-4)  (from Ch. 122, par. 34-4)

 

 

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1    Sec. 34-4. Eligibility. To be eligible for election or
2appointment to the board, a person shall be a citizen of the
3United States, shall be a registered voter as provided in the
4Election Code, shall have been a resident of the city and, if
5applicable, the electoral subdistrict, for at least 3 years
6immediately preceding his or her election or appointment, and
7shall not be an employee of the board or a child sex offender
8as defined in Section 11-9.3 of the Criminal Code of 2012. No
9member of the board may be a board member or an officer or
10director of a contractor or organization, or have contracting
11authority for such a contractor or organization, with whom the
12board has a contract or is negotiating a contract. Board
13members may only serve 2 4-year terms.
14    In addition to the eligibility requirements for all
15members of the board, all candidates for the elected seats
16must have served on a local school council, the governing
17board of a charter school or contract school, or the board of
18governors of a military academy for at least 2 cumulative
19years during the 10 years preceding the date of the member's
20election and must not have been removed as a member on a
21previous council or board. For the board members elected under
22subsection (b-10) of Section 34-3, all persons eligible for
23election shall be nominated by a petition signed by no less
24than 500 voters residing within the electoral subdistrict on
25the petition in order to be placed on the ballot, the form of
26the petition to be determined by the board.

 

 

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1    Permanent removal from the city by any member of the board
2during the member's his term of office constitutes a
3resignation therefrom and creates a vacancy in the board. All
4members of the board shall receive $40,000 annually in
5compensation and Except for the President of the Chicago
6School Reform Board of Trustees who may be paid compensation
7for his or her services as chief executive officer as
8determined by the Mayor as provided in subsection (a) of
9Section 34-3, board members shall serve without any
10compensation; provided, that board members shall be reimbursed
11for expenses incurred while in the performance of their duties
12upon submission of proper receipts or upon submission of a
13signed voucher in the case of an expense allowance evidencing
14the amount of such reimbursement or allowance to the president
15of the board for verification and approval. The board of
16education may continue to provide health care insurance
17coverage, employer pension contributions, employee pension
18contributions, and life insurance premium payments for an
19employee required to resign from an administrative, teaching,
20or career service position in order to qualify as a member of
21the board of education. They shall not hold other public
22office under the Federal, State or any local government other
23than that of Director of the Regional Transportation
24Authority, member of the economic development commission of a
25city having a population exceeding 500,000, notary public or
26member of the National Guard, and by accepting any such office

 

 

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1while members of the board, or by not resigning any such office
2held at the time of being elected or appointed to the board
3within 30 days after such election or appointment, shall be
4deemed to have vacated their membership in the board.
5(Source: P.A. 97-1150, eff. 1-25-13.)
 
6    (105 ILCS 5/34-4.1 new)
7    Sec. 34-4.1. Campaign financing.
8    (a) In this Section:
9    "Affiliated entity" has the meaning ascribed to that term
10in Section 50-37 of the Illinois Procurement Code.
11    "Business entity" has the meaning ascribed to that term in
12Section 50-37 of the Illinois Procurement Code.
13    "Lobbyist" means any person or entity that is required to
14register as a lobbyist under the Lobbyist Registration Act or
15any lobbyist registration ordinance or policy adopted by the
16City of Chicago or the board.
17    "Seeking to do business" means (i) any person taking any
18action within the past 6 months to obtain a contract or
19business from the board and, if such action were successful,
20the action would result in the person doing business with the
21board, but the contract or business sought has not been
22awarded to any person or (ii) any matter that was pending
23before the board in the 6 months prior to the date of the
24contribution or any matter that will be pending before the
25board in the 6 months after the date of the contribution, if

 

 

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1that matter involves the award of funds.
2    (b) All candidates for the board shall be considered
3candidates for election to public office for the purpose of
4Article 9 of the Election Code. All candidates shall comply
5with the applicable requirements pursuant to Article 9 of the
6Election Code, including making filings with the State Board
7of Elections. The board shall be responsible for the
8administration of elections for the board and shall adopt
9rules for such elections that are substantially similar to the
10laws governing the election of members of other school boards
11under the Election Code, other than Article 9, except to the
12extent inconsistent with the express provisions of this
13Article and except that the board shall serve as the election
14authority for such elections.
15    (c) No person or business entity who has done business
16with the board within the preceding 4 reporting years or is
17seeking to do business with the board, or affiliated entities
18or affiliated persons of such business entity, may make
19contributions to a candidate for the board or a candidate's
20political committee. A lobbyist may not make contributions to
21a candidate for the board or a candidate's political
22committee. The contract of any person or business who
23solicits, accepts, offers, or makes a financial contribution
24that violates this Section shall be a voidable contract. If a
25person or business entity violates this Section at least 3 or
26more times within a 36-month period, all contracts between the

 

 

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1board and that person or business entity shall be void and that
2business entity shall be prohibited from entering into any
3contract with the board for 3 years after the date of the last
4violation. Any lobbyist who violates this Section shall be
5prohibited from lobbying the board for one year following the
6date of the violation.
7    (d) All candidates for the board shall be subject to the
8gift ban provisions set forth in Article 10 of the State
9Officials and Employees Ethics Act and the board's Code of
10Ethics.
 
11    (105 ILCS 5/34-13.1)
12    Sec. 34-13.1. Inspector General.
13    (a) The Inspector General and his office in existence on
14the effective date of this amendatory Act of 1995 shall be
15transferred to the jurisdiction of the board upon appointment
16of the Chicago School Reform Board of Trustees. The Inspector
17General shall have the authority to conduct investigations
18into allegations of or incidents of waste, fraud, and
19financial mismanagement in public education within the
20jurisdiction of the board by a local school council member or
21an employee, contractor, or member of the board or involving
22school projects managed or handled by the Public Building
23Commission. The Inspector General shall make recommendations
24to the board about the investigations. The Inspector General
25in office on the effective date of this amendatory Act of 1996

 

 

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1shall serve for a term expiring on June 30, 1998. His or her
2successors in office shall each be appointed by the Mayor,
3without the consent or approval of the City Council, for 4 year
4terms expiring on June 30th of an even numbered year; however,
5beginning July 1, 2026, successors shall be appointed by the
6board instead of the Mayor. If the Inspector General leaves
7office or if a vacancy in that office otherwise occurs, the
8Mayor shall appoint, without the consent or approval of the
9City Council, a successor to serve under this Section for the
10remainder of the unexpired term; however, beginning July 1,
112026, successors shall be appointed by the board instead of
12the Mayor. The Inspector General shall be independent of the
13operations of the board and the School Finance Authority, and
14shall perform other duties requested by the board.
15    (b) The Inspector General shall have access to all
16information and personnel necessary to perform the duties of
17the office. If the Inspector General determines that a
18possible criminal act has been committed or that special
19expertise is required in the investigation, he or she shall
20immediately notify the Chicago Police Department and the Cook
21County State's Attorney. All investigations conducted by the
22Inspector General shall be conducted in a manner that ensures
23the preservation of evidence for use in criminal prosecutions.
24    (c) At all times the Inspector General shall be granted
25access to any building or facility that is owned, operated, or
26leased by the board, the Public Building Commission, or the

 

 

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

 

 

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1    (105 ILCS 5/34-21.9 new)
2    Sec. 34-21.9. Creation of electoral subdistricts.
3(a) After the effective date of this amendatory Act of the
4102nd General Assembly, for the purposes of an election
5conducted under subsection (b-10) of Section 34-3 for seats on
6the Chicago Board of Education, the City of Chicago shall be
7divided into 3 electoral subdistricts. The electoral
8subdistricts shall be drawn by a committee convened by the
9board and comprised of the following members:
10        (1) one member appointed by the Mayor;
11        (2) the chairperson of the City of Chicago's City
12    Council Committee on Education and Child Development or a
13    successor committee;
14        (3) the President of the Chicago Board of Education;
15        (4) the Chief Executive Officer; and
16        (5) one parent member of a local school council
17    selected by the other members of the committee.
18    (b) Each subdistrict must be compact, contiguous, and
19substantially equal in population.
20    (c) As provided in this Section, the committee shall be
21convened to draw the electoral subdistricts as follows:
22        (1) on or before May 31, 2022; and
23        (2) on or before December 31, 2031 and each subsequent
24    10 years thereafter.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".