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Public Act 102-0691 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Election Code is amended by changing | ||||
Section 2A-1.2 as follows:
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(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
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(Text of Section before amendment by P.A. 102-177 ) | ||||
Sec. 2A-1.2. Consolidated schedule of elections; offices | ||||
designated.
| ||||
(a) At the general election in the appropriate | ||||
even-numbered years, the
following offices shall be filled or | ||||
shall be on the ballot as otherwise
required by this Code:
| ||||
(1) Elector of President and Vice President of the | ||||
United States;
| ||||
(2) United States Senator and United States | ||||
Representative;
| ||||
(3) State Executive Branch elected officers;
| ||||
(4) State Senator and State Representative;
| ||||
(5) County elected officers, including State's | ||||
Attorney, County Board
member, County Commissioners, and | ||||
elected President of the County Board or
County Chief | ||||
Executive;
| ||||
(6) Circuit Court Clerk;
|
(7) Regional Superintendent of Schools, except in | ||
counties or
educational service regions in which that | ||
office has been abolished;
| ||
(8) Judges of the Supreme, Appellate and Circuit | ||
Courts, on the question
of retention, to fill vacancies | ||
and newly created judicial offices;
| ||
(9) (Blank);
| ||
(10) Trustee of the Metropolitan Water Reclamation | ||
District of Greater Chicago, and elected
Trustee of other | ||
Sanitary Districts;
| ||
(11) Special District elected officers, not otherwise | ||
designated in this
Section, where the statute creating or | ||
authorizing the creation of
the district requires an | ||
annual election and permits or requires election
of | ||
candidates of political parties.
| ||
(b) At the general primary election:
| ||
(1) in each even-numbered year candidates of political | ||
parties shall be
nominated for those offices to be filled | ||
at the general election in that
year, except where | ||
pursuant to law nomination of candidates of political
| ||
parties is made by caucus.
| ||
(2) in the appropriate even-numbered years the | ||
political party offices of
State central committeeperson, | ||
township committeeperson, ward committeeperson, and
| ||
precinct committeeperson shall be filled and delegates and | ||
alternate delegates
to the National nominating conventions |
shall be elected as may be required
pursuant to this Code. | ||
In the even-numbered years in which a Presidential
| ||
election is to be held, candidates in the Presidential | ||
preference primary
shall also be on the ballot.
| ||
(3) in each even-numbered year, where the municipality | ||
has provided for
annual elections to elect municipal | ||
officers pursuant to Section 6(f) or
Section 7 of Article | ||
VII of the Constitution, pursuant to the Illinois
| ||
Municipal Code or pursuant to the municipal charter, the | ||
offices of such
municipal officers shall be filled at an | ||
election held on the date of the
general primary election, | ||
provided that the municipal election shall be a
| ||
nonpartisan election where required by the Illinois | ||
Municipal Code. For
partisan municipal elections in | ||
even-numbered years, a primary to nominate
candidates for | ||
municipal office to be elected at the general primary
| ||
election shall be held on the Tuesday 6 weeks preceding | ||
that election.
| ||
(4) in each school district which has adopted the | ||
provisions of
Article 33 of the School Code, successors to | ||
the members of the board
of education whose terms expire | ||
in the year in which the general primary is
held shall be | ||
elected.
| ||
(c) At the consolidated election in the appropriate | ||
odd-numbered years,
the following offices shall be filled:
| ||
(1) Municipal officers, provided that in |
municipalities in which
candidates for alderperson or | ||
other municipal office are not permitted by law
to be | ||
candidates of political parties, the runoff election where | ||
required
by law, or the nonpartisan election where | ||
required by law, shall be held on
the date of the | ||
consolidated election; and provided further, in the case | ||
of
municipal officers provided for by an ordinance | ||
providing the form of
government of the municipality | ||
pursuant to Section 7 of Article VII of the
Constitution, | ||
such offices shall be filled by election or by runoff
| ||
election as may be provided by such ordinance;
| ||
(2) Village and incorporated town library directors;
| ||
(3) City boards of stadium commissioners;
| ||
(4) Commissioners of park districts;
| ||
(5) Trustees of public library districts;
| ||
(6) Special District elected officers, not otherwise | ||
designated in this
Section, where the statute creating or | ||
authorizing the creation of the district
permits or | ||
requires election of candidates of political parties;
| ||
(7) Township officers, including township park | ||
commissioners, township
library directors, and boards of | ||
managers of community buildings, and
Multi-Township | ||
Assessors;
| ||
(8) Highway commissioners and road district clerks;
| ||
(9) Members of school boards in school districts which | ||
adopt Article 33
of the School Code;
|
(10) The directors and chair of the Chain O Lakes - Fox | ||
River Waterway
Management Agency;
| ||
(11) Forest preserve district commissioners elected | ||
under Section 3.5 of
the Downstate Forest Preserve | ||
District Act;
| ||
(12) Elected members of school boards, school | ||
trustees, directors of
boards of school directors, | ||
trustees of county boards of school trustees
(except in | ||
counties or educational service regions having a | ||
population
of 2,000,000 or more inhabitants) and members | ||
of boards of school inspectors,
except school boards in | ||
school
districts that adopt Article 33 of the School Code;
| ||
(13) Members of Community College district boards;
| ||
(14) Trustees of Fire Protection Districts;
| ||
(15) Commissioners of the Springfield Metropolitan | ||
Exposition and
Auditorium
Authority;
| ||
(16) Elected Trustees of Tuberculosis Sanitarium | ||
Districts;
| ||
(17) Elected Officers of special districts not | ||
otherwise designated in
this Section for which the law | ||
governing those districts does not permit
candidates of | ||
political parties.
| ||
(d) At the consolidated primary election in each | ||
odd-numbered year,
candidates of political parties shall be | ||
nominated for those offices to be
filled at the consolidated | ||
election in that year, except where pursuant to
law nomination |
of candidates of political parties is made by caucus, and
| ||
except those offices listed in paragraphs (12) through (17) of | ||
subsection
(c).
| ||
At the consolidated primary election in the appropriate | ||
odd-numbered years,
the mayor, clerk, treasurer, and | ||
alderpersons shall be elected in
municipalities in which
| ||
candidates for mayor, clerk, treasurer, or alderperson are not | ||
permitted by
law to be candidates
of political parties, | ||
subject to runoff elections to be held at the
consolidated | ||
election as may be required
by law, and municipal officers | ||
shall be nominated in a nonpartisan election
in municipalities | ||
in which pursuant to law candidates for such office are
not | ||
permitted to be candidates of political parties.
| ||
At the consolidated primary election in the appropriate | ||
odd-numbered years,
municipal officers shall be nominated or | ||
elected, or elected subject to
a runoff, as may be provided by | ||
an ordinance providing a form of government
of the | ||
municipality pursuant to Section 7 of Article VII of the | ||
Constitution.
| ||
(e) (Blank).
| ||
(f) At any election established in Section 2A-1.1, public | ||
questions may
be submitted to voters pursuant to this Code and | ||
any special election
otherwise required or authorized by law | ||
or by court order may be conducted
pursuant to this Code.
| ||
Notwithstanding the regular dates for election of officers | ||
established
in this Article, whenever a referendum is held for |
the establishment of
a political subdivision whose officers | ||
are to be elected, the initial officers
shall be elected at the | ||
election at which such referendum is held if otherwise
so | ||
provided by law. In such cases, the election of the initial | ||
officers
shall be subject to the referendum.
| ||
Notwithstanding the regular dates for election of | ||
officials established
in this Article, any community college | ||
district which becomes effective by
operation of law pursuant | ||
to Section 6-6.1 of the Public Community College
Act, as now or | ||
hereafter amended, shall elect the initial district board
| ||
members at the next regularly scheduled election following the | ||
effective
date of the new district.
| ||
(g) At any election established in Section 2A-1.1, if in | ||
any precinct
there are no offices or public questions required | ||
to be on the ballot under
this Code then no election shall be | ||
held in the precinct on that date.
| ||
(h) There may be conducted a
referendum in accordance with | ||
the provisions of Division 6-4 of the
Counties Code.
| ||
(Source: P.A. 102-15, eff. 6-17-21; 102-558, eff. 8-20-21.) | ||
(Text of Section after amendment by P.A. 102-177 )
| ||
Sec. 2A-1.2. Consolidated schedule of elections; offices | ||
designated.
| ||
(a) At the general election in the appropriate | ||
even-numbered years, the
following offices shall be filled or | ||
shall be on the ballot as otherwise
required by this Code:
|
(1) Elector of President and Vice President of the | ||
United States.
| ||
(2) United States Senator and United States | ||
Representative.
| ||
(3) State Executive Branch elected officers.
| ||
(4) State Senator and State Representative.
| ||
(5) County elected officers, including State's | ||
Attorney, County Board
member, County Commissioners, and | ||
elected President of the County Board or
County Chief | ||
Executive.
| ||
(6) Circuit Court Clerk.
| ||
(7) Regional Superintendent of Schools, except in | ||
counties or
educational service regions in which that | ||
office has been abolished.
| ||
(8) Judges of the Supreme, Appellate and Circuit | ||
Courts, on the question
of retention, to fill vacancies | ||
and newly created judicial offices.
| ||
(9) (Blank).
| ||
(10) Trustee of the Metropolitan Water Reclamation | ||
District of Greater Chicago, and elected
Trustee of other | ||
Sanitary Districts.
| ||
(11) Special District elected officers, not otherwise | ||
designated in this
Section, where the statute creating or | ||
authorizing the creation of
the district requires an | ||
annual election and permits or requires election
of | ||
candidates of political parties. |
(12) Beginning with the 2024 general election on | ||
November 5, 2024 , the elected members of the Chicago Board | ||
of Education; the election of members of the Chicago Board | ||
of Education shall be a nonpartisan
election as provided | ||
for under this Code and may be conducted on
a separate | ||
ballot.
| ||
(b) At the general primary election:
| ||
(1) in each even-numbered year candidates of political | ||
parties shall be
nominated for those offices to be filled | ||
at the general election in that
year, except where | ||
pursuant to law nomination of candidates of political
| ||
parties is made by caucus.
| ||
(2) in the appropriate even-numbered years the | ||
political party offices of
State central committeeperson, | ||
township committeeperson, ward committeeperson, and
| ||
precinct committeeperson shall be filled and delegates and | ||
alternate delegates
to the National nominating conventions | ||
shall be elected as may be required
pursuant to this Code. | ||
In the even-numbered years in which a Presidential
| ||
election is to be held, candidates in the Presidential | ||
preference primary
shall also be on the ballot.
| ||
(3) in each even-numbered year, where the municipality | ||
has provided for
annual elections to elect municipal | ||
officers pursuant to Section 6(f) or
Section 7 of Article | ||
VII of the Constitution, pursuant to the Illinois
| ||
Municipal Code or pursuant to the municipal charter, the |
offices of such
municipal officers shall be filled at an | ||
election held on the date of the
general primary election, | ||
provided that the municipal election shall be a
| ||
nonpartisan election where required by the Illinois | ||
Municipal Code. For
partisan municipal elections in | ||
even-numbered years, a primary to nominate
candidates for | ||
municipal office to be elected at the general primary
| ||
election shall be held on the Tuesday 6 weeks preceding | ||
that election.
| ||
(4) in each school district which has adopted the | ||
provisions of
Article 33 of the School Code, successors to | ||
the members of the board
of education whose terms expire | ||
in the year in which the general primary is
held shall be | ||
elected.
| ||
(c) At the consolidated election in the appropriate | ||
odd-numbered years,
the following offices shall be filled:
| ||
(1) Municipal officers, provided that in | ||
municipalities in which
candidates for alderperson or | ||
other municipal office are not permitted by law
to be | ||
candidates of political parties, the runoff election where | ||
required
by law, or the nonpartisan election where | ||
required by law, shall be held on
the date of the | ||
consolidated election; and provided further, in the case | ||
of
municipal officers provided for by an ordinance | ||
providing the form of
government of the municipality | ||
pursuant to Section 7 of Article VII of the
Constitution, |
such offices shall be filled by election or by runoff
| ||
election as may be provided by such ordinance;
| ||
(2) Village and incorporated town library directors;
| ||
(3) City boards of stadium commissioners;
| ||
(4) Commissioners of park districts;
| ||
(5) Trustees of public library districts;
| ||
(6) Special District elected officers, not otherwise | ||
designated in this
Section, where the statute creating or | ||
authorizing the creation of the district
permits or | ||
requires election of candidates of political parties;
| ||
(7) Township officers, including township park | ||
commissioners, township
library directors, and boards of | ||
managers of community buildings, and
Multi-Township | ||
Assessors;
| ||
(8) Highway commissioners and road district clerks;
| ||
(9) Members of school boards in school districts which | ||
adopt Article 33
of the School Code;
| ||
(10) The directors and chair of the Chain O Lakes - Fox | ||
River Waterway
Management Agency;
| ||
(11) Forest preserve district commissioners elected | ||
under Section 3.5 of
the Downstate Forest Preserve | ||
District Act;
| ||
(12) Elected members of school boards, school | ||
trustees, directors of
boards of school directors, | ||
trustees of county boards of school trustees
(except in | ||
counties or educational service regions having a |
population
of 2,000,000 or more inhabitants) and members | ||
of boards of school inspectors,
except school boards in | ||
school
districts that adopt Article 33 of the School Code;
| ||
(13) Members of Community College district boards;
| ||
(14) Trustees of Fire Protection Districts;
| ||
(15) Commissioners of the Springfield Metropolitan | ||
Exposition and
Auditorium
Authority;
| ||
(16) Elected Trustees of Tuberculosis Sanitarium | ||
Districts;
| ||
(17) Elected Officers of special districts not | ||
otherwise designated in
this Section for which the law | ||
governing those districts does not permit
candidates of | ||
political parties.
| ||
(d) At the consolidated primary election in each | ||
odd-numbered year,
candidates of political parties shall be | ||
nominated for those offices to be
filled at the consolidated | ||
election in that year, except where pursuant to
law nomination | ||
of candidates of political parties is made by caucus, and
| ||
except those offices listed in paragraphs (12) through (17) of | ||
subsection
(c).
| ||
At the consolidated primary election in the appropriate | ||
odd-numbered years,
the mayor, clerk, treasurer, and | ||
alderpersons shall be elected in
municipalities in which
| ||
candidates for mayor, clerk, treasurer, or alderperson are not | ||
permitted by
law to be candidates
of political parties, | ||
subject to runoff elections to be held at the
consolidated |
election as may be required
by law, and municipal officers | ||
shall be nominated in a nonpartisan election
in municipalities | ||
in which pursuant to law candidates for such office are
not | ||
permitted to be candidates of political parties.
| ||
At the consolidated primary election in the appropriate | ||
odd-numbered years,
municipal officers shall be nominated or | ||
elected, or elected subject to
a runoff, as may be provided by | ||
an ordinance providing a form of government
of the | ||
municipality pursuant to Section 7 of Article VII of the | ||
Constitution.
| ||
(e) (Blank).
| ||
(f) At any election established in Section 2A-1.1, public | ||
questions may
be submitted to voters pursuant to this Code and | ||
any special election
otherwise required or authorized by law | ||
or by court order may be conducted
pursuant to this Code.
| ||
Notwithstanding the regular dates for election of officers | ||
established
in this Article, whenever a referendum is held for | ||
the establishment of
a political subdivision whose officers | ||
are to be elected, the initial officers
shall be elected at the | ||
election at which such referendum is held if otherwise
so | ||
provided by law. In such cases, the election of the initial | ||
officers
shall be subject to the referendum.
| ||
Notwithstanding the regular dates for election of | ||
officials established
in this Article, any community college | ||
district which becomes effective by
operation of law pursuant | ||
to Section 6-6.1 of the Public Community College
Act, as now or |
hereafter amended, shall elect the initial district board
| ||
members at the next regularly scheduled election following the | ||
effective
date of the new district.
| ||
(g) At any election established in Section 2A-1.1, if in | ||
any precinct
there are no offices or public questions required | ||
to be on the ballot under
this Code then no election shall be | ||
held in the precinct on that date.
| ||
(h) There may be conducted a
referendum in accordance with | ||
the provisions of Division 6-4 of the
Counties Code.
| ||
(Source: P.A. 102-15, eff. 6-17-21; 102-177, eff. 6-1-22; | ||
102-558, eff. 8-20-21; revised 9-21-21.) | ||
Section 10. The School Code is amended by changing | ||
Sections 34-3, 34-4, and 34-4.1 and by renumbering and | ||
changing Sections 34-18.67 and 34-21.9, as added by Public Act | ||
102-177, as follows:
| ||
(105 ILCS 5/34-3) (from Ch. 122, par. 34-3)
| ||
(Text of Section before amendment by P.A. 102-177 )
| ||
Sec. 34-3. Chicago School Reform Board of Trustees; new | ||
Chicago Board of
Education; members; term; vacancies.
| ||
(a) Within 30 days after the effective date of this | ||
amendatory Act of
1995, the terms of all members of the Chicago | ||
Board of Education
holding office on that date are abolished | ||
and the Mayor shall appoint,
without the consent or approval | ||
of the City Council, a 5 member
Chicago School Reform Board of |
Trustees which shall take office upon the
appointment of the | ||
fifth member. The Chicago School
Reform Board of Trustees and | ||
its members
shall serve until, and the terms of all members of | ||
the Chicago School
Reform Board of Trustees shall expire on, | ||
June 30, 1999 or upon the
appointment of a new Chicago Board of | ||
Education as provided
in subsection (b), whichever is later. | ||
Any vacancy in the membership of
the Trustees shall be filled | ||
through appointment by the Mayor,
without the consent or | ||
approval of the City Council, for the unexpired term.
One of | ||
the members appointed by the Mayor to the Trustees shall
be | ||
designated by the Mayor to serve as President of the Trustees. | ||
The
Mayor shall appoint a full-time, compensated
chief | ||
executive officer, and his or her compensation as such chief | ||
executive
officer shall be determined by the Mayor. The Mayor, | ||
at his or her discretion,
may appoint the President to serve | ||
simultaneously as the chief executive
officer.
| ||
(b) Within 30 days before the expiration of the terms of | ||
the members of
the Chicago Reform Board of Trustees as | ||
provided in subsection (a), a new
Chicago Board of Education | ||
consisting of 7 members shall be appointed by the
Mayor to take | ||
office on the later of July 1, 1999 or the appointment of the
| ||
seventh member. Three of the members initially so appointed | ||
under this
subsection shall serve for terms ending June 30, | ||
2002, 4 of the members
initially so appointed under this | ||
subsection shall serve for terms ending
June 30, 2003, and | ||
each member initially so appointed shall continue to hold
|
office until his or her successor is appointed and qualified. | ||
Thereafter at
the expiration of the term of any member a | ||
successor
shall be appointed by the Mayor and shall hold | ||
office for a term of 4 years,
from July 1 of the year in which | ||
the term commences and until a successor
is appointed and | ||
qualified. Any vacancy in the membership of the Chicago Board
| ||
of Education shall be filled through appointment by the Mayor | ||
for the
unexpired term. No appointment to membership on the
| ||
Chicago Board of Education that is made by the Mayor under
this | ||
subsection shall require the approval of the City
Council, | ||
whether the appointment is made for a full term or to fill a | ||
vacancy
for an unexpired term on the Board. The board shall | ||
elect annually from its
number a president and vice-president, | ||
in such
manner and at such
time as the board determines by its | ||
rules. The officers so elected shall each
perform the duties | ||
imposed upon their respective office by the rules of the
| ||
board, provided that (i) the president shall preside at | ||
meetings of the board
and vote as any other member but have no | ||
power of veto, and (ii) the vice
president shall perform the | ||
duties of the president if that office is vacant or
the | ||
president is absent or unable to act.
The secretary of the | ||
Board shall be selected by the Board and shall be an
employee | ||
of the Board rather than a member of the Board, | ||
notwithstanding
subsection (d) of Section 34-3.3. The duties | ||
of the secretary shall be
imposed by the rules of the Board.
| ||
(c) The board may appoint a student to the board to serve |
in an advisory capacity. The student member shall serve for a | ||
term as determined by the board. The board may not grant the | ||
student member any voting privileges, but shall consider the | ||
student member as an advisor. The student member may not | ||
participate in or attend any executive session of the board.
| ||
(Source: P.A. 94-231, eff. 7-14-05.)
| ||
(Text of Section after amendment by P.A. 102-177 )
| ||
Sec. 34-3. Chicago School Reform Board of Trustees; new | ||
Chicago Board of
Education; members; term; vacancies.
| ||
(a) Within 30 days after the effective date of this | ||
amendatory Act of
1995, the terms of all members of the Chicago | ||
Board of Education
holding office on that date are abolished | ||
and the Mayor shall appoint,
without the consent or approval | ||
of the City Council, a 5 member
Chicago School Reform Board of | ||
Trustees which shall take office upon the
appointment of the | ||
fifth member. The Chicago School
Reform Board of Trustees and | ||
its members
shall serve until, and the terms of all members of | ||
the Chicago School
Reform Board of Trustees shall expire on, | ||
June 30, 1999 or upon the
appointment of a new Chicago Board of | ||
Education as provided
in subsection (b), whichever is later. | ||
Any vacancy in the membership of
the Trustees shall be filled | ||
through appointment by the Mayor,
without the consent or | ||
approval of the City Council, for the unexpired term.
One of | ||
the members appointed by the Mayor to the Trustees shall
be | ||
designated by the Mayor to serve as President of the Trustees. |
The
Mayor shall appoint a full-time, compensated
chief | ||
executive officer, and his or her compensation as such chief | ||
executive
officer shall be determined by the Mayor. The Mayor, | ||
at his or her discretion,
may appoint the President to serve | ||
simultaneously as the chief executive
officer.
| ||
(b) This subsection applies until January 15, 2025. Within | ||
30 days before the expiration of the terms of the members of
| ||
the Chicago Reform Board of Trustees as provided in subsection | ||
(a), a new
Chicago Board of Education consisting of 7 members | ||
shall be appointed by the
Mayor to take office on the later of | ||
July 1, 1999 or the appointment of the
seventh member. Three of | ||
the members initially so appointed under this
subsection shall | ||
serve for terms ending June 30, 2002, 4 of the members
| ||
initially so appointed under this subsection shall serve for | ||
terms ending
June 30, 2003, and each member initially so | ||
appointed shall continue to hold
office until his or her | ||
successor is appointed and qualified. | ||
(b-5) On January 15, 2025, the terms of all members of the
| ||
Chicago Board of Education appointed under subsection (b) are
| ||
abolished when the new board, consisting of 21 members, is | ||
appointed by the Mayor and elected by the electors of the | ||
school district as provided under subsections (b-10) and | ||
(b-15) and takes office. | ||
(b-10) By December 16, 2024 for a term of office beginning | ||
on January 15, 2025, the Mayor shall appoint 10 Chicago Board | ||
of Education members , with the advice and consent of the City |
Council, to serve terms of 2 years. All appointed members | ||
shall serve until a successor is appointed or elected and | ||
qualified. Thereafter at
the expiration of the term of any | ||
member a successor
shall be elected and shall hold office for a | ||
term of 4 years,
from January 15 of the year in which the term | ||
commences and until a successor
is appointed or elected and | ||
qualified. Any vacancy in the appointed membership of the | ||
Chicago Board
of Education shall be filled through appointment | ||
by the Mayor , with the consent of the Board, for the
unexpired | ||
term. The terms of the 10 appointed members under this | ||
subsection shall end on January 14, 2027.
By December 16, 2024 | ||
for a term of office beginning
on January 15, 2025, the Mayor | ||
shall appoint a President of the Board , with the advice and | ||
consent of the City Council, for a term of 2 years. The board | ||
shall elect annually from its
number a vice-president, in such
| ||
manner and at such
time as the board determines by its rules. | ||
The president appointed by the Mayor elected by the voters and | ||
vice-president elected by the board shall each
perform the | ||
duties imposed upon their respective office by the rules of | ||
the
board, provided that (i) the president shall preside at | ||
meetings of the board
and shall only
have voting rights to | ||
break a voting tie of the other Chicago
Board of Education | ||
elected and appointed members and (ii) the vice
president | ||
shall perform the duties of the president if that office is | ||
vacant or
the president is absent or unable to act. Beginning | ||
with the 2026 general election, one member shall be elected at |
large and serve as the president of the board.
After January | ||
15, 2027, the president shall preside at meetings of the board | ||
and vote as any other member but have no power of veto.
The | ||
secretary of the Board shall be selected by the Board and shall | ||
be an
employee of the Board rather than a member of the Board, | ||
notwithstanding
subsection (d) of Section 34-3.3. The duties | ||
of the secretary shall be
imposed by the rules of the Board.
| ||
(b-15) Beginning with the 2024 general election, 10 | ||
members of the Chicago Board of Education shall be elected to | ||
serve a term of 4 years in office beginning on January 15, | ||
2025. Beginning with the 2026 general election, 10 members of | ||
the Chicago Board of Education shall be elected to serve a term | ||
of 4 years in office beginning on January 15, 2027. Whenever a | ||
vacancy of a Chicago Board of Education elected board member | ||
occurs, the President of the Board shall notify the Mayor of | ||
the vacancy within 7 days after its occurrence and shall, | ||
within 30 days, fill the vacancy for the remainder of the | ||
unexpired term by majority vote of the remaining board | ||
members. The successor shall have the same qualifications as | ||
his or her predecessor. | ||
For purposes of elections conducted under this subsection, | ||
the City of Chicago shall be subdivided into electoral | ||
districts as provided under subsection (a) of Section 34-21.10 | ||
34-21.9 . From January 15, 2025 to January 14, 2027, each | ||
district shall be represented by one elected member and one | ||
appointed member. After January 15, 2027, each district shall |
be represented by one elected member. | ||
(b-30) No member shall have, or be an employee or owner of | ||
a company that has, a contract with the school district. No | ||
former officer, member, or employee of the board shall, within | ||
a period of one year immediately after termination of service | ||
on the board, knowingly accept employment or receive | ||
compensation or fees for services from a person or entity if | ||
the officer, member, or employee, during the year immediately | ||
preceding termination of service on the board, participated | ||
personally and substantially in the award of contracts with | ||
the board or the school district, or the issuance of contract | ||
change orders with the board or the school district, with a | ||
cumulative value of $25,000 or more to the person or entity, or | ||
its parent or subsidiary. | ||
(c) The board may appoint a student to the board to serve | ||
in an advisory capacity. The student member shall serve for a | ||
term as determined by the board. The board may not grant the | ||
student member any voting privileges, but shall consider the | ||
student member as an advisor. The student member may not | ||
participate in or attend any executive session of the board.
| ||
(Source: P.A. 102-177, eff. 6-1-22; revised 10-20-21.)
| ||
(105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
| ||
(Text of Section before amendment by P.A. 102-177 )
| ||
Sec. 34-4. Eligibility. To be eligible for appointment to | ||
the board, a
person shall be a citizen of the United States, |
shall be a registered voter
as provided in the Election Code, | ||
shall have been a resident of the city for at
least 3 years | ||
immediately
preceding his or her appointment, and shall not be | ||
a child sex offender
as defined in Section 11-9.3 of the
| ||
Criminal Code of 2012. Permanent removal from the city by any | ||
member of
the board during his term of office constitutes a | ||
resignation therefrom and
creates a vacancy in the board. | ||
Except for the President of the Chicago
School Reform Board of | ||
Trustees who may be paid compensation for his or her
services | ||
as chief executive officer as determined by the Mayor as | ||
provided in
subsection (a) of Section 34-3, board members | ||
shall serve without any
compensation; provided, that board | ||
members shall be reimbursed for expenses
incurred while in the | ||
performance of their duties upon submission of proper
receipts | ||
or upon submission of a signed voucher in the case of an | ||
expense
allowance evidencing the amount of such reimbursement | ||
or allowance to the
president of the board for verification | ||
and approval. The board of
education may continue to provide | ||
health care insurance coverage, employer
pension | ||
contributions, employee pension contributions, and life | ||
insurance
premium payments for an employee required to resign | ||
from
an administrative, teaching, or career service position | ||
in order to qualify
as a member of the board of education. They | ||
shall not hold other public
office under the Federal, State or | ||
any local government other than that of
Director of the | ||
Regional Transportation Authority, member of the economic
|
development commission of a city having a population exceeding | ||
500,000,
notary public or member of the National Guard, and by | ||
accepting any such
office while members of the board, or by not | ||
resigning any such office held
at the time of being appointed | ||
to the board within 30 days after such
appointment, shall be | ||
deemed to have vacated their membership in the board.
| ||
(Source: P.A. 97-1150, eff. 1-25-13.)
| ||
(Text of Section after amendment by P.A. 102-177 )
| ||
Sec. 34-4. Eligibility. To be eligible for election or | ||
appointment to the board, a
person shall be a citizen of the | ||
United States, shall be a registered voter
as provided in the | ||
Election Code, shall have been a resident of the city and, if | ||
applicable, the electoral district, for at
least one year | ||
immediately
preceding his or her election or appointment, and | ||
shall not be a child sex offender
as defined in Section 11-9.3 | ||
of the
Criminal Code of 2012. A person is ineligible for | ||
election or appointment to the board if that person is an | ||
employee of the school district. All persons eligible for | ||
election to the board shall be nominated by a petition signed | ||
by no less than 250 voters residing within the electoral | ||
district on a petition in order to be placed on the ballot, | ||
except that persons eligible for election to the board at | ||
large shall be nominated by a petition signed by no less than | ||
2,500 voters residing within the city. Permanent removal from | ||
the city by any member of
the board during his term of office |
constitutes a resignation therefrom and
creates a vacancy in | ||
the board. Board members shall serve without any
compensation; | ||
however, board members shall be reimbursed for expenses
| ||
incurred while in the performance of their duties upon | ||
submission of proper
receipts or upon submission of a signed | ||
voucher in the case of an expense
allowance evidencing the | ||
amount of such reimbursement or allowance to the
president of | ||
the board for verification and approval. Board members shall | ||
not hold other public
office under the Federal, State or any | ||
local government other than that of
Director of the Regional | ||
Transportation Authority, member of the economic
development | ||
commission of a city having a population exceeding 500,000,
| ||
notary public or member of the National Guard, and by | ||
accepting any such
office while members of the board, or by not | ||
resigning any such office held
at the time of being elected or | ||
appointed to the board within 30 days after such election or
| ||
appointment, shall be deemed to have vacated their membership | ||
in the board.
| ||
(Source: P.A. 102-177, eff. 6-1-22.)
| ||
(105 ILCS 5/34-4.1) | ||
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
Sec. 34-4.1. Nomination petitions. In addition to the | ||
requirements of the general election law, the form of | ||
petitions under Section 34-4 of this Code shall be |
substantially as follows: | ||
NOMINATING PETITIONS | ||
(LEAVE OUT THE INAPPLICABLE PART.) | ||
To the Board of Election Commissioners for the City of | ||
Chicago: | ||
We the undersigned, being (.... or more) of the voters | ||
residing within said district, hereby petition that .... who | ||
resides at .... in the City of Chicago shall be a candidate for | ||
the office of .... of the board of education (full term) | ||
(vacancy) to be voted for at the election to be held on (insert | ||
date). | ||
Name: .................. Address: ................... | ||
In the designation of the name of a candidate on a petition | ||
for nomination, the candidate's given name or names, initial | ||
or initials, a nickname by which the candidate is commonly | ||
known, or a combination thereof may be used in addition to the | ||
candidate's surname. If a candidate has changed his or her | ||
name, whether by a statutory or common law procedure in | ||
Illinois or any other jurisdiction, within 3 years before the | ||
last day for filing the petition, then (i) the candidate's | ||
name on the petition must be followed by "formerly known as | ||
(list all prior names during the 3-year period) until name | ||
changed on (list date of each such name change)" and (ii) the | ||
petition must be accompanied by the candidate's affidavit | ||
stating the candidate's previous names during the period | ||
specified in clause (i) and the date or dates each of those |
names was changed; failure to meet these requirements shall be | ||
grounds for denying certification of the candidate's name for | ||
the ballot, but these requirements do not apply to name | ||
changes resulting from adoption to assume an adoptive parent's | ||
or parents' surname, marriage to assume a spouse's surname, or | ||
dissolution of marriage or declaration of invalidity of | ||
marriage to assume a former surname. No other designation, | ||
such as a political slogan, as defined by Section 7-17 of the | ||
Election Code, title or degree, or nickname suggesting or | ||
implying possession of a title, degree or professional status, | ||
or similar information may be used in connection with the | ||
candidate's surname. | ||
All petitions for the nomination of members of a board of | ||
education shall be filed with the board of election | ||
commissioners of the jurisdiction in which the principal | ||
office of the school district is located within the time | ||
provided for by the general election law, except that | ||
petitions for the nomination of members of the board of | ||
education for the 2024 general primary March 15, 2022 election | ||
shall be prepared and certified on the same schedule as the | ||
petition schedule for the candidates for the General Assembly. | ||
The board of election commissioners shall receive and file | ||
only those petitions that include a statement of candidacy, | ||
the required number of voter signatures, the notarized | ||
signature of the petition circulator, and a receipt from the | ||
county clerk showing that the candidate has filed a statement |
of economic interest on or before the last day to file as | ||
required by the Illinois Governmental Ethics Act. The board of | ||
election commissioners may have petition forms available for | ||
issuance to potential candidates and may give notice of the | ||
petition filing period by publication in a newspaper of | ||
general circulation within the school district not less than | ||
10 days prior to the first day of filing. The board of election | ||
commissioners shall make certification to the proper election | ||
authorities in accordance with the general election law. | ||
The board of election commissioners of the jurisdiction in | ||
which the principal office of the school district is located | ||
shall notify the candidates for whom a petition for nomination | ||
is filed or the appropriate committee of the obligations under | ||
the Campaign Financing Act as provided in the general election | ||
law. Such notice shall be given on a form prescribed by the | ||
State Board of Elections and in accordance with the | ||
requirements of the general election law. The board of | ||
election commissioners shall within 7 days of filing or on the | ||
last day for filing, whichever is earlier, acknowledge to the | ||
petitioner in writing the office's acceptance of the petition. | ||
A candidate for membership on the board of education who | ||
has petitioned for nomination to fill a full term and to fill a | ||
vacant term to be voted upon at the same election must withdraw | ||
his or her petition for nomination from either the full term or | ||
the vacant term by written declaration. | ||
Nomination petitions are not valid unless the candidate |
named therein files with the board of election commissioners a | ||
receipt from the county clerk showing that the candidate has | ||
filed a statement of economic interests as required by the | ||
Illinois Governmental Ethics Act. Such receipt shall be so | ||
filed either previously during the calendar year in which his | ||
or her nomination papers were filed or within the period for | ||
the filing of nomination papers in accordance with the general | ||
election law.
| ||
(Source: P.A. 102-177, eff. 6-1-22.)
| ||
(105 ILCS 5/34-18.70)
| ||
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
Sec. 34-18.70 34-18.67 . Independent financial review | ||
Financial Review . The Chicago Board of Education shall | ||
commission an independent review and report of the district's | ||
finances and entanglements with the City of Chicago. No later | ||
than October 31, 2022 June 30, 2025 , the report shall be | ||
provided to the Governor, the Illinois State Board of | ||
Education, the Illinois General Assembly, the Mayor of the | ||
City of Chicago, and the Chicago Board of Education. No later | ||
than July 1, 2023, the The Illinois State Board of Education | ||
shall review the independent review and report and make | ||
recommendations to the legislature on the Chicago Board of | ||
Education's ability to operate with the financial resources | ||
available to it as an independent unit of local government.
|
(Source: P.A. 102-177, eff. 6-1-22; revised 10-19-21.)
| ||
(105 ILCS 5/34-21.10)
| ||
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
Sec. 34-21.10 34-21.9 . Creation of electoral districts; | ||
reapportionment of districts. | ||
(a) For purposes of elections conducted pursuant to | ||
subsection (b-5) of Section 34-3, the City of Chicago shall be | ||
subdivided into 10 electoral districts for the 2024 elections | ||
and into 20 electoral districts for the 2026 elections after | ||
the effective date of this amendatory Act of the 102nd General | ||
Assembly by the General Assembly for seats on the Chicago | ||
Board of Education. The electoral districts must be drawn on | ||
or before July 1, 2023 February 1, 2022 . Each district must be | ||
compact, contiguous, and substantially equal in population and | ||
consistent with the Illinois Voting Rights Act. | ||
(b) In the year following each decennial census, the | ||
General Assembly shall redistrict the electoral districts to | ||
reflect the results of the decennial census consistent with | ||
the requirements in subsection (a). The reapportionment plan | ||
shall be completed and formally approved by the General | ||
Assembly not less than 90 days before the last date | ||
established by law for the filing of nominating petitions for | ||
the second school board election after the decennial census | ||
year. If by reapportionment a board member no longer resides |
within the electoral district from which the member was | ||
elected, the member shall continue to serve in office until | ||
the expiration of the member's regular term. All new members | ||
shall be elected from the electoral districts as | ||
reapportioned.
| ||
(Source: P.A. 102-177, eff. 6-1-22; revised 10-20-21.)
| ||
Section 15. "An Act concerning elections", approved July | ||
29, 2021, Public Act 102-177, is amended by adding Section 99 | ||
as follows: | ||
(P.A. 102-177, Sec. 99 new) | ||
Sec. 99. Effective date. This Section and the provisions | ||
changing Section 34-18.69 of the School Code take effect upon | ||
becoming law. | ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act. | ||
Section 99. Effective date. This Act takes effect on June | ||
1, 2022, except that this Section and Section 15 take effect | ||
upon becoming law. |