Sections:

Article

Elected School Board legislation now before Illinois General Assembly... HB 4268 has 40 co-sponsors, but some parts need a little work (including the attempt by the bill to continue discriminating against CPS workers...)...

State representative Robert Martwick speaks on the state budget at the June 24, 2015 meeting of the Dunning Neighborhood Organization in Chicago. Martwick is the lead sponsor for the legislation giving Chicago, finally, and elected school board. Substance Photo by Sharon SchmidtAfter a two-year wait following the overwhelming vote in a Chicago referendum in favor of an elected school board for the City of Chicago, legislation is finally before the Illinois General Assembly. The bill will begin to move the idea from local support to legal reality. When it is passed and signed into law, the legislation will create a 13-member elected school board for Chicago. The first election will take place in November 2015, and the first term of the new Board members will begin in March 2016.

According to the bill, Chicago will be divided into four electoral regions, each of which will elect parent and community members of the new school board. Details for the four electoral regions have not been settled. The members of the Board will also be paid and receive minimal benefits, so that Board service will not be limited to those with corporate sponsorship or wealth.

Also, a major question exists (see below, summary discussion) as to whether the law will continue discriminating against those who work for CPS. Since the institution of Local School Councils in 1988, Illinois law has discriminated against CPS workers (including members of this reporter's family) in certain elections. (Presently parents who work for CPS cannot be elected to local school councils, either are parent reps or community reps, even when we are parents of children in Chicago's public schools. An ironic example of this particular form of discrimination against certain parents is personal: Because I am a retired CPS teacher -- and therefore not a current CPS worker -- I can run for a local school council. But my wife, who is still teaching, cannot be a "parent rep" at the school attended by our son!).

The summary of the bill and a list of the co-sponsors follows here (retrieved from the Illinois General Assembly website on August 13, 2015):

Short Description: SCH CD-CHICAGO BD OF ED-ELECT

House Sponsors

Rep. Robert F. Martwick - Elgie R. Sims, Jr. - Mary E. Flowers - Jaime M. Andrade, Jr. - La Shawn K. Ford, Kenneth Dunkin, Monique D. Davis, Ann Williams, Luis Arroyo, Daniel J. Burke, Deborah Conroy, Laura Fine, Robyn Gabel, Will Guzzardi, Greg Harris, Camille Y. Lilly, Rita Mayfield, Anna Moeller, Martin J. Moylan, Al Riley, Robert Rita, Sue Scherer, Mike Smiddy, Cynthia Soto, Andr M. Thapedi, Arthur Turner, Litesa E. Wallace, Emanuel Chris Welch, Christian L. Mitchell, Frances Ann Hurley, Silvana Tabares, Carol Ammons, John D'Amico, Stephanie A. Kifowit, Linda Chapa LaVia, Natalie A. Manley, Marcus C. Evans, Jr., Kathleen Willis, Jerry F. Costello, II, Brandon W. Phelps, Jay Hoffman, Elizabeth Hernandez and Patrick J. Verschoore

Last Action. Date Chamber Action

8/11/2015 House Referred to Rules Committee

Statutes Amended In Order of Appearance

10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2

10 ILCS 5/2A-48 from Ch. 46, par. 2A-48

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

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

105 ILCS 5/34-13.1 Synopsis As Introduced

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

Elected School Board: HB 4268... Highlights share by one CTU leader who read the entire bill...

(1) New elected School Board would take office on March 15, 2016.

(2) Members of the Board would be elected during the "general primary" of odd-numbered years. [We have to assume there is a "general primary in November 2015...].

(3) Terms of office will be 4 years, with a drawing of lots to see which half of the newly elected board gets an initial 2-year term, with the other half getting an initial full term of 4 years.

(4) The Board would be composed of:

(a) 2 Parent Members and 1 Community Member from the Southeast Side

(b) 2 Parent Members and 1 Community Member from the Southwest Side

(c) 2 Parent Members and 1 Community Member from the West/Central Region

(d) 2 Parent Members and 2 Community Members from the North Region

for a total of 13 Chicago Board of education Members.

(5) Board Members MUST be Parents of CPS students, or Residents of Chicago (and residents of the region they wish to represent).

*** Board Members CANNOT be Board employees or child sex offenders. [Will the final legislation continue to discriminate against "employees" who are parents, and to lump CPS workers with "sex offenders"?!].

(6) Board Members receive compensation of:

*$50,000 per year

*health care insurance

*pension

*life insurance

(7) The Board appoints the IG, instead of the mayor.

PROGRESS ILLINOIS STORY AND TEXT OF THE BILL....

FROM PROGRESS ILLINOIS

http://www.progressillinois.com/news/content/2015/08/10/state-bill-introduced-elected-chicago-school-board

The debate over whether Chicago should switch to an elected, rather than the current mayor-appointed, school board is back in the spotlight. State lawmakers have introduced new legislation that would require the election of Chicago Board of Education members. Legislators from Chicago and elected school board supporters announced the bill's introduction on Monday.

State Rep. Rob Martwick (D-Chicago) filed the bill, HB 4268, which has more than 30 co-sponsors.

"The city of Chicago has repeatedly blamed the legislature for failing to take action to improve Chicago Public Schools. Today, we heed that call to action by filing legislation to provide for an elected school board," Martwick said in a news release. "No longer will the blame for a failed system of education rest in the hands of a board appointed by the mayor. Instead, citizens of Chicago will have the ability to elect board members to implement the education and financial policies needed to finally turn around CPS."

Under the legislation, 13 school board seats would filled by election from residents in four areas of Chicago. The Southeast Side, Southwest Side, and the West/Central region would each have three seats and the North Region would have four seats. "The structure would mirror all other Illinois school board[s] in how candidates are qualified and elected, and in the new board's duties," according to the press announcement. School board members would first be elected in March 2016, if the legislation is approved.

"In February's election, the Chicago voters overwhelmingly backed a non-binding referendum to call for an elected Chicago school board for CPS. Many of my constituents continue to express a need for better local representation in the leadership of CPS school board. It is time to debate the feasibility of having an elected school board in Chicago," said Rep. La Shawn Ford (D-Chicago), one of the bill's co-sponsors.

Ford was referring to the non-binding voter question about an elected school board for Chicago that appeared on the ballot in 37 of the city's 50 wards.

Rep. Art Turner (D-Chicago) is another co-sponsor of the legislation. "For too long, Chicago Public Schools have headed in the wrong direction and our students, families and communities are suffering because of it," the lawmaker said. "I believe we need to put the direction of our public schools back in the hands of the people and the best way to do that is with an elected board working for the people. It's time to provide hope for our schools in Chicago and it starts today with this initiative."

Groups like the Grassroots Education Movement support the bill.

"The Grassroots Education Movement (GEM) has been involved in the fight for an elected representative school board for many years," said Erica Rangel, of GEM and Enlace Chicago. "In the midst of the current battle for equity and democracy in our city and state, we want to remind our elected officials that an overwhelming majority of Chicago voters supported an elected representative school board last November."

the legislation-- http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=88&GA=99&DocTypeId=HB&DocNum=4268&GAID=13&LegID=92126&SpecSess=&Session=

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016

HB4268

Introduced , by Rep. Robert F. Martwick

SYNOPSIS AS INTRODUCED:

10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2

10 ILCS 5/2A-48 from Ch. 46, par. 2A-48

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

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

105 ILCS 5/34-13.1 Amends the Election Code and the Chicago School District Article of the School Code. Provides for the election (instead of appointment) of members of the Chicago Board of Education. Provides that successor Inspectors General shall be appointed by the Board instead of the Mayor. Effective immediately.

LRB099 07028 SXM 36766 b

FISCAL NOTE ACT MAY APPLY

A BILL FOR HB4268 LRB099 07028 SXM 36766 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 Election Code is amended by changing

5 Sections 2A-1.2 and 2A-48 as follows:

6 (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)

7 Sec. 2A-1.2. Consolidated Schedule of Elections - Offices

8 Designated.

9 (a) At the general election in the appropriate

10 even-numbered years, the following offices shall be filled or

11 shall be on the ballot as otherwise required by this Code:

12 (1) Elector of President and Vice President of the

13 United States;

14 (2) United States Senator and United States

15 Representative;

16 (3) State Executive Branch elected officers;

17 (4) State Senator and State Representative;

18 (5) County elected officers, including State's

19 Attorney, County Board member, County Commissioners, and

20 elected President of the County Board or County Chief

21 Executive;

22 (6) Circuit Court Clerk;

23 (7) Regional Superintendent of Schools, except in

HB4268 - 2 - LRB099 07028 SXM 36766 b

1 counties or educational service regions in which that

2 office has been abolished;

3 (8) Judges of the Supreme, Appellate and Circuit

4 Courts, on the question of retention, to fill vacancies and

5 newly created judicial offices;

6 (9) (Blank);

7 (10) Trustee of the Metropolitan Sanitary District of

8 Chicago, and elected Trustee of other Sanitary Districts;

9 (11) Special District elected officers, not otherwise

10 designated in this Section, where the statute creating or

11 authorizing the creation of the district requires an annual

12 election and permits or requires election of candidates of

13 political parties.

14 (b) At the general primary election:

15 (1) in each even-numbered year candidates of political

16 parties shall be nominated for those offices to be filled

17 at the general election in that year, except where pursuant

18 to law nomination of candidates of political parties is

19 made by caucus.

20 (2) in the appropriate even-numbered years the

21 political party offices of State central committeeman,

22 township committeeman, ward committeeman, and precinct

23 committeeman shall be filled and delegates and alternate

24 delegates to the National nominating conventions shall be

25 elected as may be required pursuant to this Code. In the

26 even-numbered years in which a Presidential election is to

HB4268 - 3 - LRB099 07028 SXM 36766 b

1 be held, candidates in the Presidential preference primary

2 shall also be on the ballot.

3 (3) in each even-numbered year, where the municipality

4 has provided for annual elections to elect municipal

5 officers pursuant to Section 6(f) or Section 7 of Article

6 VII of the Constitution, pursuant to the Illinois Municipal

7 Code or pursuant to the municipal charter, the offices of

8 such municipal officers shall be filled at an election held

9 on the date of the general primary election, provided that

10 the municipal election shall be a nonpartisan election

11 where required by the Illinois Municipal Code. For partisan

12 municipal elections in even-numbered years, a primary to

13 nominate candidates for municipal office to be elected at

14 the general primary election shall be held on the Tuesday 6

15 weeks preceding that election.

16 (4) in each school district which has adopted the

17 provisions of Article 33 of the School Code, successors to

18 the members of the board of education whose terms expire in

19 the year in which the general primary is held shall be

20 elected.

21 (5) Members of the Chicago Board of Education shall be

22 elected.

23 (c) At the consolidated election in the appropriate

24 odd-numbered years, the following offices shall be filled:

25 (1) Municipal officers, provided that in

26 municipalities in which candidates for alderman or other

HB4268 - 4 - LRB099 07028 SXM 36766 b

1 municipal office are not permitted by law to be candidates

2 of political parties, the runoff election where required by

3 law, or the nonpartisan election where required by law,

4 shall be held on the date of the consolidated election; and

5 provided further, in the case of municipal officers

6 provided for by an ordinance providing the form of

7 government of the municipality pursuant to Section 7 of

8 Article VII of the Constitution, such offices shall be

9 filled by election or by runoff election as may be provided

10 by such ordinance;

11 (2) Village and incorporated town library directors;

12 (3) City boards of stadium commissioners;

13 (4) Commissioners of park districts;

14 (5) Trustees of public library districts;

15 (6) Special District elected officers, not otherwise

16 designated in this section, where the statute creating or

17 authorizing the creation of the district permits or

18 requires election of candidates of political parties;

19 (7) Township officers, including township park

20 commissioners, township library directors, and boards of

21 managers of community buildings, and Multi-Township

22 Assessors;

23 (8) Highway commissioners and road district clerks;

24 (9) Members of school boards in school districts which

25 adopt Article 33 of the School Code;

26 (10) The directors and chairman of the Chain O Lakes -

HB4268 - 5 - LRB099 07028 SXM 36766 b

1 Fox River Waterway Management Agency;

2 (11) Forest preserve district commissioners elected

3 under Section 3.5 of the Downstate Forest Preserve District

4 Act;

5 (12) Elected members of school boards, school

6 trustees, directors of boards of school directors,

7 trustees of county boards of school trustees (except in

8 counties or educational service regions having a

9 population of 2,000,000 or more inhabitants) and members of

10 boards of school inspectors, except school boards in school

11 districts that adopt Article 33 of the School Code and the

12 Chicago Board of Education;

13 (13) Members of Community College district boards;

14 (14) Trustees of Fire Protection Districts;

15 (15) Commissioners of the Springfield Metropolitan

16 Exposition and Auditorium Authority;

17 (16) Elected Trustees of Tuberculosis Sanitarium

18 Districts;

19 (17) Elected Officers of special districts not

20 otherwise designated in this Section for which the law

21 governing those districts does not permit candidates of

22 political parties.

23 (d) At the consolidated primary election in each

24 odd-numbered year, candidates of political parties shall be

25 nominated for those offices to be filled at the consolidated

26 election in that year, except where pursuant to law nomination

HB4268 - 6 - LRB099 07028 SXM 36766 b

1 of candidates of political parties is made by caucus, and

2 except those offices listed in paragraphs (12) through (17) of

3 subsection (c).

4 At the consolidated primary election in the appropriate

5 odd-numbered years, the mayor, clerk, treasurer, and aldermen

6 shall be elected in municipalities in which candidates for

7 mayor, clerk, treasurer, or alderman are not permitted by law

8 to be candidates of political parties, subject to runoff

9 elections to be held at the consolidated election as may be

10 required by law, and municipal officers shall be nominated in a

11 nonpartisan election in municipalities in which pursuant to law

12 candidates for such office are not permitted to be candidates

13 of political parties.

14 At the consolidated primary election in the appropriate

15 odd-numbered years, municipal officers shall be nominated or

16 elected, or elected subject to a runoff, as may be provided by

17 an ordinance providing a form of government of the municipality

18 pursuant to Section 7 of Article VII of the Constitution.

19 (e) (Blank).

20 (f) At any election established in Section 2A-1.1, public

21 questions may be submitted to voters pursuant to this Code and

22 any special election otherwise required or authorized by law or

23 by court order may be conducted pursuant to this Code.

24 Notwithstanding the regular dates for election of officers

25 established in this Article, whenever a referendum is held for

26 the establishment of a political subdivision whose officers are

HB4268 - 7 - LRB099 07028 SXM 36766 b

1 to be elected, the initial officers shall be elected at the

2 election at which such referendum is held if otherwise so

3 provided by law. In such cases, the election of the initial

4 officers shall be subject to the referendum.

5 Notwithstanding the regular dates for election of

6 officials established in this Article, any community college

7 district which becomes effective by operation of law pursuant

8 to Section 6-6.1 of the Public Community College Act, as now or

9 hereafter amended, shall elect the initial district board

10 members at the next regularly scheduled election following the

11 effective date of the new district.

12 (g) At any election established in Section 2A-1.1, if in

13 any precinct there are no offices or public questions required

14 to be on the ballot under this Code then no election shall be

15 held in the precinct on that date.

16 (h) There may be conducted a referendum in accordance with

17 the provisions of Division 6-4 of the Counties Code.

18 (Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,

19 eff. 8-9-96; 90-358, eff. 1-1-98.) 20 (10 ILCS 5/2A-48) (from Ch. 46, par. 2A-48)

21 Sec. 2A-48. Board of School Directors and Board of

22 Education - Member - Time of Election. A member of a Board of

23 School Directors or a member of an elected Board of Education,

24 as the case may be, shall be elected at each consolidated

25 election to succeed each incumbent member whose term ends

HB4268 - 8 - LRB099 07028 SXM 36766 b

1 before the following consolidated election. However, a member

2 of the Chicago Board of Education shall be elected at each

3 general primary election to succeed each incumbent member whose

4 term ends before the following general primary election.

5 (Source: P.A. 90-358, eff. 1-1-98.) 6 Section 10. The School Code is amended by changing Sections

7 34-3, 34-4, and 34-13.1 as follows:

8 (105 ILCS 5/34-3) (from Ch. 122, par. 34-3)

9 Sec. 34-3. Chicago School Reform Board of Trustees; new

10 Chicago Board of Education; members; term; vacancies.

11 (a) Within 30 days after the effective date of this

12 amendatory Act of 1995, the terms of all members of the Chicago

13 Board of Education holding office on that date are abolished

14 and the Mayor shall appoint, without the consent or approval of

15 the City Council, a 5 member Chicago School Reform Board of

16 Trustees which shall take office upon the appointment of the

17 fifth member. The Chicago School Reform Board of Trustees and

18 its members shall serve until, and the terms of all members of

19 the Chicago School Reform Board of Trustees shall expire on,

20 June 30, 1999 or upon the appointment of a new Chicago Board of

21 Education as provided in subsection (b), whichever is later.

22 Any vacancy in the membership of the Trustees shall be filled

23 through appointment by the Mayor, without the consent or

24 approval of the City Council, for the unexpired term. One of

HB4268 - 9 - LRB099 07028 SXM 36766 b

1 the members appointed by the Mayor to the Trustees shall be

2 designated by the Mayor to serve as President of the Trustees.

3 The Mayor shall appoint a full-time, compensated chief

4 executive officer, and his or her compensation as such chief

5 executive officer shall be determined by the Mayor. The Mayor,

6 at his or her discretion, may appoint the President to serve

7 simultaneously as the chief executive officer.

8 (b) This subsection (b) applies until March 15, 2016.

9 Within 30 days before the expiration of the terms of the

10 members of the Chicago Reform Board of Trustees as provided in

11 subsection (a), a new Chicago Board of Education consisting of

12 7 members shall be appointed by the Mayor to take office on the

13 later of July 1, 1999 or the appointment of the seventh member.

14 Three of the members initially so appointed under this

15 subsection shall serve for terms ending June 30, 2002, 4 of the

16 members initially so appointed under this subsection shall

17 serve for terms ending June 30, 2003, and each member initially

18 so appointed shall continue to hold office until his or her

19 successor is appointed and qualified. Thereafter at the

20 expiration of the term of any member a successor shall be

21 appointed by the Mayor and shall hold office for a term of 4

22 years, from July 1 of the year in which the term commences and

23 until a successor is appointed and qualified. Any vacancy in

24 the membership of the Chicago Board of Education shall be

25 filled through appointment by the Mayor for the unexpired term.

26 No appointment to membership on the Chicago Board of Education

HB4268 - 10 - LRB099 07028 SXM 36766 b

1 that is made by the Mayor under this subsection shall require

2 the approval of the City Council, whether the appointment is

3 made for a full term or to fill a vacancy for an unexpired term

4 on the Board.

5 (b-5) For the purposes of this subsection (b-5):

6 "Parent member" means a member of the board who is the

7 parent or legal guardian of a child enrolled in a public school

8 in the region of election.

9 "Community member" means a member of the board who resides

10 in the region of election.

11 On March 15, 2016, the terms of all members of the Chicago

12 Board of Education appointed under subsection (b) of this

13 Section are abolished when the new board, consisting of 13

14 members, is elected by the electors of the school district as

15 provided in this subsection (b-5) and takes office.

16 Each member shall be elected for a term of 4 years,

17 commencing on the second Tuesday in April of the year in which

18 the member is elected, and until the member's successor is

19 elected and has qualified, except that members of the board

20 elected to terms commencing on March 15, 2016 shall organize on

21 the date their terms commence and on that date shall determine,

22 by lot, 7 members to serve for terms of 4 years and 6 members to

23 serve for terms of 2 years.

24 For purposes of elections conducted pursuant to this

25 subsection (b-5), the City of Chicago shall be subdivided into

26 the following electoral regions for seats on the Chicago Board

HB4268 - 11 - LRB099 07028 SXM 36766 b

1 of Education, each of which must be compact and contiguous and

2 substantially equal in population to each other:

3 (1) Southeast Side.

4 (2) Southwest Side.

5 (3) West/Central Region.

6 (4) North Region.

7 Each region shall be represented by 3 members, except the North

8 Region, which shall be represented by 4 members. Each region's

9 representatives shall consist of 2 parent members and one

10 community member, except the North Region, which shall have 2

11 parent members and 2 community members.

12 On March 15, 2016 and within 28 days after each election

13 thereafter, the board shall organize by electing its officers

14 and fixing a time and place for the regular meetings. At least

15 50% of the board's regular meetings shall take place after

16 regular business hours in order to maximize community

17 participation. Upon organizing itself as provided in this

18 subsection (b-5), the board shall enter upon the discharge of

19 its duties.

20 Nomination papers filed for board election are not valid

21 unless the candidate named therein files with the secretary of

22 the board or with a person designated by the board to receive

23 nominating petitions a receipt from the county clerk showing

24 that the candidate has filed a statement of economic interests

25 as required by the Illinois Governmental Ethics Act. The

26 receipt shall be so filed either previously during the calendar

HB4268 - 12 - LRB099 07028 SXM 36766 b

1 year in which the nomination papers were filed or within the

2 period for the filing of nomination papers in accordance with

3 the general election law.

4 Whenever a vacancy in the board occurs, the remaining

5 members of the board shall notify the Mayor of that vacancy

6 within 5 days after its occurrence and shall proceed to fill

7 the vacancy until the next board election, at which election a

8 successor shall be elected to serve the remainder of the

9 unexpired term. However, if the vacancy occurs with less than

10 28 months remaining in the term or if the vacancy occurs less

11 than 88 days before the next board election, then the person so

12 appointed shall serve the remainder of the unexpired term, and

13 no election to fill the vacancy shall be held. The successor

14 shall have the same residential and other qualifications as his

15 or her predecessor. Should the remaining board members fail to

16 act within 45 days after the vacancy occurs, the Mayor shall,

17 within 30 days after the remaining members have failed to fill

18 the vacancy, fill the vacancy as provided for in this Section.

19 Upon the Mayor's failure to fill the vacancy, the vacancy shall

20 be filled at the next board election. The successor shall have

21 the same residential and other qualifications as his or her

22 predecessor.

23 (b-10) The board shall elect annually from its number a

24 president and vice-president, in such manner and at such time

25 as the board determines by its rules. The officers so elected

26 shall each perform the duties imposed upon their respective

HB4268 - 13 - LRB099 07028 SXM 36766 b

1 office by the rules of the board, provided that (i) the

2 president shall preside at meetings of the board and vote as

3 any other member but have no power of veto, and (ii) the vice

4 president shall perform the duties of the president if that

5 office is vacant or the president is absent or unable to act.

6 The secretary of the Board shall be selected by the Board and

7 shall be an employee of the Board rather than a member of the

8 Board, notwithstanding subsection (d) of Section 34-3.3. The

9 duties of the secretary shall be imposed by the rules of the

10 Board.

11 (c) The board may appoint a student to the board to serve

12 in an advisory capacity. The student member shall serve for a

13 term as determined by the board. The board may not grant the

14 student member any voting privileges, but shall consider the

15 student member as an advisor. The student member may not

16 participate in or attend any executive session of the board.

17 (Source: P.A. 94-231, eff. 7-14-05.) 18 (105 ILCS 5/34-4) (from Ch. 122, par. 34-4)

19 Sec. 34-4. Eligibility.

20 (a) To be eligible for election appointment to the board, a

21 person shall be at least 18 years of age and either (i) a

22 parent or legal guardian of a child currently enrolled in a

23 public school in the region of election the person seeks to

24 represent or (ii) a resident of the region of election that the

25 person seeks to represent. A person is ineligible to run for

HB4268 - 14 - LRB099 07028 SXM 36766 b

1 office if that person is an employee of the district or a child

2 sex offender as defined in Section 11-9.3 of the Criminal Code

3 of 2012. All persons eligible for election to the board shall

4 obtain no less than 250 signatures on a petition in order to be

5 placed on the ballot a citizen of the United States, shall be a

6 registered voter as provided in the Election Code, shall have

7 been a resident of the city for at least 3 years immediately

8 preceding his or her appointment, and shall not be a child sex

9 offender as defined in Section 11-9.3 of the Criminal Code of

10 2012 . Permanent removal from the city by any member of the

11 board during his or her term of office constitutes a

12 resignation therefrom and creates a vacancy in the board. Board

13 members shall receive compensation of $50,000 per year, health

14 care insurance coverage, a pension, and life insurance. Board

15 Except for the President of the Chicago School Reform Board of

16 Trustees who may be paid compensation for his or her services

17 as chief executive officer as determined by the Mayor as

18 provided in subsection (a) of Section 34-3, board members shall

19 serve without any compensation; provided, that board members

20 shall be reimbursed for expenses incurred while in the

21 performance of their duties upon submission of proper receipts

22 or upon submission of a signed voucher in the case of an

23 expense allowance evidencing the amount of such reimbursement

24 or allowance to the president of the board for verification and

25 approval. Board members The board of education may continue to

26 provide health care insurance coverage, employer pension

HB4268 - 15 - LRB099 07028 SXM 36766 b

1 contributions, employee pension contributions, and life

2 insurance premium payments for an employee required to resign

3 from an administrative, teaching, or career service position in

4 order to qualify as a member of the board of education. They

5 shall not hold other public office under the Federal, State or

6 any local government other than that of Director of the

7 Regional Transportation Authority, member of the economic

8 development commission of a city having a population exceeding

9 500,000, notary public or member of the National Guard, and by

10 accepting any such office while members of the board, or by not

11 resigning any such office held at the time of being elected

12 appointed to the board within 30 days after such election

13 appointment , shall be deemed to have vacated their membership

14 in the board.

15 (Source: P.A. 97-1150, eff. 1-25-13.) 16 (105 ILCS 5/34-13.1)

17 Sec. 34-13.1. Inspector General.

18 (a) The Inspector General and his office in existence on

19 the effective date of this amendatory Act of 1995 shall be

20 transferred to the jurisdiction of the board upon appointment

21 of the Chicago School Reform Board of Trustees. The Inspector

22 General shall have the authority to conduct investigations into

23 allegations of or incidents of waste, fraud, and financial

24 mismanagement in public education within the jurisdiction of

25 the board by a local school council member or an employee,

HB4268 - 16 - LRB099 07028 SXM 36766 b

1 contractor, or member of the board or involving school projects

2 managed or handled by the Public Building Commission. The

3 Inspector General shall make recommendations to the board about

4 the investigations. The Inspector General in office on the

5 effective date of this amendatory Act of 1996 shall serve for a

6 term expiring on June 30, 1998. His or her successors in office

7 shall each be appointed by the Mayor, without the consent or

8 approval of the City Council, for 4 year terms expiring on June

9 30th of an even numbered year; however, beginning on March 15,

10 2016, successors shall be appointed by the board instead of the

11 Mayor. If the Inspector General leaves office or if a vacancy

12 in that office otherwise occurs, the Mayor shall appoint,

13 without the consent or approval of the City Council, a

14 successor to serve under this Section for the remainder of the

15 unexpired term; however, beginning on March 15, 2016,

16 successors shall be appointed by the board instead of the

17 Mayor. The Inspector General shall be independent of the

18 operations of the board and the School Finance Authority, and

19 shall perform other duties requested by the board.

20 (b) The Inspector General shall have access to all

21 information and personnel necessary to perform the duties of

22 the office. If the Inspector General determines that a possible

23 criminal act has been committed or that special expertise is

24 required in the investigation, he or she shall immediately

25 notify the Chicago Police Department and the Cook County

26 State's Attorney. All investigations conducted by the

HB4268 - 17 - LRB099 07028 SXM 36766 b

1 Inspector General shall be conducted in a manner that ensures

2 the preservation of evidence for use in criminal prosecutions.

3 (c) At all times the Inspector General shall be granted

4 access to any building or facility that is owned, operated, or

5 leased by the board, the Public Building Commission, or the

6 city in trust and for the use and benefit of the schools of the

7 district.

8 (d) The Inspector General shall have the power to subpoena

9 witnesses and compel the production of books and papers

10 pertinent to an investigation authorized by this Code. Any

11 person who (1) fails to appear in response to a subpoena; (2)

12 fails to answer any question; (3) fails to produce any books or

13 papers pertinent to an investigation under this Code; or (4)

14 knowingly gives false testimony during an investigation under

15 this Code, is guilty of a Class A misdemeanor.

16 (e) The Inspector General shall provide to the board and

17 the Illinois General Assembly a summary of reports and

18 investigations made under this Section for the previous fiscal

19 year no later than January 1 of each year, except that the

20 Inspector General shall provide the summary of reports and

21 investigations made under this Section for the period

22 commencing July 1, 1998 and ending April 30, 1999 no later than

23 May 1, 1999. The summaries shall detail the final disposition

24 of those recommendations. The summaries shall not contain any

25 confidential or identifying information concerning the

26 subjects of the reports and investigations. The summaries shall

HB4268 - 18 - LRB099 07028 SXM 36766 b

1 also include detailed recommended administrative actions and

2 matters for consideration by the General Assembly.

3 (f) (Blank).

4 (g) (Blank).

5 (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.) 6 Section 99. Effective date. This Act takes effect upon

7 becoming law.

==================================================================

Full Text Votes View All Actions Printer-Friendly Version

Short Description: SCH CD-CHICAGO BD OF ED-ELECT

House Sponsors Rep. Robert F. Martwick - Elgie R. Sims, Jr. - Mary E. Flowers - Jaime M. Andrade, Jr. - La Shawn K. Ford, Kenneth Dunkin, Monique D. Davis, Ann Williams, Luis Arroyo, Daniel J. Burke, Deborah Conroy, Laura Fine, Robyn Gabel, Will Guzzardi, Greg Harris, Camille Y. Lilly, Rita Mayfield, Anna Moeller, Martin J. Moylan, Al Riley, Robert Rita, Sue Scherer, Mike Smiddy, Cynthia Soto, Andr M. Thapedi, Arthur Turner, Litesa E. Wallace, Emanuel Chris Welch, Christian L. Mitchell, Frances Ann Hurley, Silvana Tabares, Carol Ammons, John D'Amico and Stephanie A. Kifowit

Last Action Date Chamber Action

8/6/2015 House Filed with the Clerk by Rep. Robert F. Martwick

Statutes Amended In Order of Appearance 10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2

10 ILCS 5/2A-48 from Ch. 46, par. 2A-48

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

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

105 ILCS 5/34-13.1

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

Actions Date Chamber Action

8/6/2015 House Filed with the Clerk by Rep. Robert F. Martwick

8/10/2015 House Added Chief Co-Sponsor Rep. Elgie R. Sims, Jr.

8/10/2015 House Added Chief Co-Sponsor Rep. Mary E. Flowers

8/10/2015 House Added Chief Co-Sponsor Rep. Jaime M. Andrade, Jr.

8/10/2015 House Added Chief Co-Sponsor Rep. La Shawn K. Ford

8/10/2015 House Added Co-Sponsor Rep. Kenneth Dunkin

8/10/2015 House Added Co-Sponsor Rep. Monique D. Davis

8/10/2015 House Added Co-Sponsor Rep. Ann Williams

8/10/2015 House Added Co-Sponsor Rep. Luis Arroyo

8/10/2015 House Added Co-Sponsor Rep. Daniel J. Burke

8/10/2015 House Added Co-Sponsor Rep. Deborah Conroy

8/10/2015 House Added Co-Sponsor Rep. Laura Fine

8/10/2015 House Added Co-Sponsor Rep. Robyn Gabel

8/10/2015 House Added Co-Sponsor Rep. Will Guzzardi

8/10/2015 House Added Co-Sponsor Rep. Greg Harris

8/10/2015 House Added Co-Sponsor Rep. Camille Y. Lilly

8/10/2015 House Added Co-Sponsor Rep. Rita Mayfield

8/10/2015 House Added Co-Sponsor Rep. Anna Moeller

8/10/2015 House Added Co-Sponsor Rep. Martin J. Moylan

8/10/2015 House Added Co-Sponsor Rep. Al Riley

8/10/2015 House Added Co-Sponsor Rep. Robert Rita

8/10/2015 House Added Co-Sponsor Rep. Sue Scherer

8/10/2015 House Added Co-Sponsor Rep. Mike Smiddy

8/10/2015 House Added Co-Sponsor Rep. Cynthia Soto

8/10/2015 House Added Co-Sponsor Rep. Andr M. Thapedi

8/10/2015 House Added Co-Sponsor Rep. Arthur Turner

8/10/2015 House Added Co-Sponsor Rep. Litesa E. Wallace

8/10/2015 House Added Co-Sponsor Rep. Emanuel Chris Welch

8/10/2015 House Added Co-Sponsor Rep. Christian L. Mitchell

8/10/2015 House Added Co-Sponsor Rep. Frances Ann Hurley

8/10/2015 House Added Co-Sponsor Rep. Silvana Tabares

8/10/2015 House Added Co-Sponsor Rep. Carol Ammons

8/10/2015 House Added Co-Sponsor Rep. John D'Amico

8/10/2015 House Added Co-Sponsor Rep. Stephanie A. Kifowit



Comments:

Add your own comment (all fields are necessary)

Substance readers:

You must give your first name and last name under "Name" when you post a comment at substancenews.net. We are not operating a blog and do not allow anonymous or pseudonymous comments. Our readers deserve to know who is commenting, just as they deserve to know the source of our news reports and analysis.

Please respect this, and also provide us with an accurate e-mail address.

Thank you,

The Editors of Substance

Your Name

Your Email

What's your comment about?

Your Comment

Please answer this to prove you're not a robot:

2 + 3 =