99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1506

Introduced 2/20/2015, by Sen. Jennifer Bertino-Tarrant

SYNOPSIS AS INTRODUCED:

`105 ILCS 5/1A-1`	`from Ch. 122, par. 1A-1`
`105 ILCS 5/1A-2`	`from Ch. 122, par. 1A-2`
`105 ILCS 5/1A-2.1`	`from Ch. 122, par. 1A-2.1`

Amends the School Code. Provides that, for State Board of Education appointments made after the effective date of the amendatory Act, 3 of the members of the State Board must represent the educator community. Sets forth the qualifications for these members and makes other changes with regard to the qualifications of members of the State Board.

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A BILL FOR

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1 AN ACT concerning education.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The School Code is amended by changing Sections

5 1A-1, 1A-2, and 1A-2.1 as follows:

6 (105 ILCS 5/1A-1) (from Ch. 122, par. 1A-1)

7 Sec. 1A-1. Members and terms.

8 (a) (Blank).

9 (b) The State Board of Education shall consist of 8 members

10 and a chairperson, who shall be appointed by the Governor with

11 the advice and consent of the Senate from a pattern of regional

12 representation as follows: 2 appointees shall be selected from

13 among those counties of the State other than Cook County and

14 the 5 counties contiguous to Cook County, one of whom must

15 represent the educator community; 2 appointees shall be

16 selected from Cook County, one of whom shall be a resident of

17 the City of Chicago and one of whom shall be a resident of that

18 part of Cook County which lies outside the city limits of

19 Chicago and of whom one must represent the educator community;

20 2 appointees shall be selected from among the 5 counties of the

21 State that are contiguous to Cook County, one of whom must

22 represent the educator community; and 3 members shall be

23 selected as members-at-large (one of which shall be the

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1 chairperson). With respect to the educator community

2 appointments, no more than one member may be employed as a

3 district superintendent, principal, school business official,

4 or teacher and no more than one may be employed by the same

5 school district or school. The changes made to this Section by

6 this amendatory Act of the 99th General Assembly apply to

7 appointments made after the effective date of this amendatory

8 Act of the 99th General Assembly. The Governor who takes office

9 on the second Monday of January after his or her election shall

10 be the person who nominates members to fill vacancies whose

11 terms begin after that date and before the term of the next

12 Governor begins.

13 The term of each member of the State Board of Education

14 whose term expires on January 12, 2005 shall instead terminate

15 on the effective date of this amendatory Act of the 93rd

16 General Assembly. Of these 3 seats, (i) the member initially

17 appointed pursuant to this amendatory Act of the 93rd General

18 Assembly whose seat was vacant on April 27, 2004 shall serve

19 until the second Wednesday of January, 2009 and (ii) the other

20 2 members initially appointed pursuant to this amendatory Act

21 of the 93rd General Assembly shall serve until the second

22 Wednesday of January, 2007.

23 The term of the member of the State Board of Education

24 whose seat was vacant on April 27, 2004 and whose term expires

25 on January 10, 2007 shall instead terminate on the effective

26 date of this amendatory Act of the 93rd General Assembly. The

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1 member initially appointed pursuant to this amendatory Act of

2 the 93rd General Assembly to fill this seat shall be the

3 chairperson and shall serve until the second Wednesday of

4 January, 2007.

5 The term of the member of the State Board of Education

6 whose seat was vacant on May 28, 2004 but after April 27, 2004

7 and whose term expires on January 10, 2007 shall instead

8 terminate on the effective date of this amendatory Act of the

9 93rd General Assembly. The member initially appointed pursuant

10 to this amendatory Act of the 93rd General Assembly to fill

11 this seat shall serve until the second Wednesday of January,

12 2007.

13 The term of the other member of the State Board of

14 Education whose term expires on January 10, 2007 shall instead

15 terminate on the effective date of this amendatory Act of the

16 93rd General Assembly. The member initially appointed pursuant

17 to this amendatory Act of the 93rd General Assembly to fill

18 this seat shall serve until the second Wednesday of January,

19 2007.

20 The term of the member of the State Board of Education

21 whose term expires on January 14, 2009 and who was selected

22 from among the 5 counties of the State that are contiguous to

23 Cook County and is a resident of Lake County shall instead

24 terminate on the effective date of this amendatory Act of the

25 93rd General Assembly. The member initially appointed pursuant

26 to this amendatory Act of the 93rd General Assembly to fill

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1 this seat shall serve until the second Wednesday of January,

2 2009.

3 Upon expiration of the terms of the members initially

4 appointed under this amendatory Act of the 93rd General

5 Assembly and members whose terms were not terminated by this

6 amendatory Act of the 93rd General Assembly, their respective

7 successors shall be appointed for terms of 4 years, from the

8 second Wednesday in January of each odd numbered year and until

9 their respective successors are appointed and qualified.

10 (c) Of the 4 members, excluding the chairperson, whose

11 terms expire on the second Wednesday of January, 2007 and every

12 4 years thereafter, one of those members must be an at-large

13 member and at no time may more than 2 of those members be from

14 one political party. Of the 4 members whose terms expire on the

15 second Wednesday of January, 2009 and every 4 years thereafter,

16 one of those members must be an at-large member and at no time

17 may more than 2 of those members be from one political party.

18 Party membership is defined as having voted in the primary of

19 the party in the last primary before appointment.

20 (d) Vacancies in terms shall be filled by appointment by

21 the Governor with the advice and consent of the Senate for the

22 extent of the unexpired term. If a vacancy in membership occurs

23 at a time when the Senate is not in session, the Governor shall

24 make a temporary appointment until the next meeting of the

25 Senate, when the Governor shall appoint a person to fill that

26 membership for the remainder of its term. If the Senate is not

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1 in session when appointments for a full term are made, the

2 appointments shall be made as in the case of vacancies.

3 (Source: P.A. 93-1036, eff. 9-14-04.)

4 (105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)

5 Sec. 1A-2. Qualifications. The members of the State Board

6 of Education shall be citizens of the United States and

7 residents of the State of Illinois and shall be selected as far

8 as may be practicable on the basis of their knowledge of, or

9 interest and experience in, problems of public education. No

10 member of the State Board of Education shall ~~be gainfully~~

11 ~~employed or administratively connected with any school system,~~

12 ~~nor have any interest in or~~ benefit from funds provided by the

13 State Board of Education to an institution of higher learning,

14 public or private, within Illinois, nor shall members ~~they~~ be

15 ~~members of a school board or board of~~ school trustees of a

16 public or nonpublic ~~school,~~college, university or technical

17 institution within Illinois. No member shall be appointed to

18 more than 2 4-year terms. Members shall be reimbursed for all

19 ordinary and necessary expenses incurred in performing their

20 duties as members of the Board. Expenses shall be approved by

21 the Board and be consistent with the laws, policies, and

22 requirements of the State of Illinois regarding such

23 expenditures, plus any member may include in hisor her claim

24 for expenses $50 per day for meeting days.

25 (Source: P.A. 96-328, eff. 8-11-09.)

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1 (105 ILCS 5/1A-2.1) (from Ch. 122, par. 1A-2.1)

2 Sec. 1A-2.1. Vacancies. The Governor may remove for

3 incompetence, neglect of duty, or malfeasance in office any

4 member of the State Board of Education. A vacancy also exists

5 on the State Board of Education when one or more of the

6 following events occur:

7 1. A member dies.

8 2. A member files a written resignation with the Governor.

9 3. A member is adjudicated to be a person under legal

10 disability under the Probate Act of 1975 or a person subject to

11 involuntary admission under the Mental Health and

12 Developmental Disabilities Code.

13 4. A member ceases to be a resident of the region from

14 which he or she was appointed.

15 5. A member is convicted of an infamous crime or of any

16 offense involving a violation of his or her duties under this

17 Code.

18 6. A member fails to maintain the qualifications stated in

19 Sections 1A-1 and ~~Section~~1A-2 of this Code.

20 (Source: P.A. 93-1036, eff. 9-14-04.)