HB1713 104TH GENERAL ASSEMBLY

LRB104 08168 LNS 18216 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1713

Introduced 1/28/2025, by Rep. Martin J. Moylan - Angelica Guerrero-Cuellar and Michael J. Kelly

SYNOPSIS AS INTRODUCED:

105 ILCS 5/34-3

from Ch. 122, par. 34-3

Amends the Chicago School District Article of the School Code. Provides that any appointments to the Chicago Board of Education made by the Mayor of the City of Chicago shall be made with the advice and consent of the Chicago City Council. Effective immediately.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by changing Section 34-3 as follows:

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

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. Each member appointed by the Mayor on or after the effective date of this amendatory Act of the 104th General Assembly under this subsection shall be appointed with the advice and consent of the City Council.

(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, with the advice and consent of the City Council, 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, the Mayor shall appoint, with the advice and consent of the City Council, a President of the Board for a 2-year term that begins January 15, 2025. 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 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 for a 4-year term that begins January 15, 2027. On and after January 15, 2027, the President of the Board 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) For purposes of selection of members of the Chicago Board of Education, the City of Chicago shall be divided into 10 districts, and each of those 10 districts shall be subdivided into 2 subdistricts as provided in subsection (a) of Section 34-21.10.

Until January 15, 2027, each district shall be represented by one member who is elected at the 2024 general election to a 2-year term that begins January 15, 2025 and one member who is appointed by the Mayor, with the advice and consent of the City Council, by no later than December 16, 2024 to a 2-year term that begins January 15, 2025. Each elected member shall reside within the district that the member represents, and each appointed member shall reside both within the district that the member represents and outside of the subdistrict within which the elected member of the district resides.

Beginning January 15, 2027, each subdistrict shall be represented by one member who is elected at the 2026 general election. If a member is elected at the 2026 general election to fill the expired term of an appointed member, then the elected member shall serve a 2-year term that begins January 15, 2027. If a member is elected at the 2026 general election to fill the expired term of an elected member, then the member shall serve a 4-year term that begins January 15, 2027.

If a member is elected at the 2026 general election to serve a 2-year term, then the member elected at the 2028 general election shall serve a 4-year term that begins January 15, 2029. If a member is elected at the 2026 general election to serve a 4-year term, then the member elected in that subdistrict at the 2030 general election shall serve a 2-year term that begins January 15, 2031.

Beginning with the members elected at the 2032 general election, the members of each subdistrict shall serve two 4-year terms and one 2-year term for each 10-year period thereafter. As determined by lot, the terms of the members representing the subdistricts shall be the following:

(1) the members representing 7 subdistricts shall be elected for one 2-year term, followed by two 4-year terms;

(2) the members representing 7 subdistricts shall be elected for one 4-year term, followed by one 2-year term, and then one 4-year term; and

(3) the members representing 6 subdistricts shall be elected for two 4-year terms, followed by one 2-year term.

Each elected member shall reside within the subdistrict that the member represents.

(b-20) All elected and appointed members shall serve until a successor is appointed or elected and qualified.

Whenever there is a vacancy in the office of an appointed member of the Board, the Mayor shall appoint, with the advice and consent of the City Council, a successor who has the same qualifications as the member's predecessor to fill the vacancy for the remainder of the unexpired term.

Whenever there is a vacancy in the office of an elected member of the Board, 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 members of the Board. The successor to the elected member shall have the same qualifications as the member's predecessor.

(b-30) The provisions of Section 10-9 of this Code apply to members of the Chicago Board of Education when the Board is considering any contract, work, or business of the district, and the provisions of the Public Officer Prohibited Activities Act that apply to persons holding elected or appointed public office also apply to members of the Board, notwithstanding any other provision of this Code or any law to the contrary.

(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; 102-691, eff. 12-17-21; 103-584, eff. 3-18-24.)

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