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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4289 Introduced , by Rep. André M. Thapedi SYNOPSIS AS INTRODUCED:
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| 105 ILCS 5/34-1 | from Ch. 122, par. 34-1 | 105 ILCS 5/34-3 | from Ch. 122, par. 34-3 | 105 ILCS 5/34-3.3 | | 105 ILCS 5/34-13.1 | |
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Amends the Chicago School District Article of the School Code. Provides that, within 30 days after the effective date of the amendatory Act, the terms of all members of the Chicago Board of Education holding office on that date are abolished and the Mayor of the City of Chicago shall appoint, with the approval of the City Council, a 5-member Chicago School Reform Board of Trustees. Provides that the Chicago School Reform Board of Trustees and its members shall serve until June 30, 2019 or the appointment of a new Chicago Board of Education, whichever is later. Requires the approval of the City Council for appointments to the Chicago Board of Education, and requires (instead of permits) the Board to appoint a student member. Makes related changes. Effective immediately.
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| 1 | | AN ACT concerning education.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The School Code is amended by changing Sections |
| 5 | | 34-1, 34-3, 34-3.3, and 34-13.1 as follows:
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| 6 | | (105 ILCS 5/34-1) (from Ch. 122, par. 34-1)
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| 7 | | Sec. 34-1. Application of Article article; Definitions. |
| 8 | | This Article applies only to
cities having a population |
| 9 | | exceeding 500,000.
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| 10 | | "Trustees", when used in this Article, means the Chicago |
| 11 | | School Reform
Board of Trustees created by this amendatory Act |
| 12 | | of the 99th General Assembly 1995 and serving as the
governing |
| 13 | | board of the school district organized under this Article |
| 14 | | beginning
with its appointment on or after the effective date |
| 15 | | of this amendatory Act of the 99th General Assembly
1995 and |
| 16 | | continuing until June 30, 2019 1999 or the appointment of a new |
| 17 | | Chicago
Board of Education as provided in Section 34-3, |
| 18 | | whichever is later.
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| 19 | | "Board", or "board of education" when used in this Article, |
| 20 | | means: (i)
the Chicago School Reform Board of Trustees for the |
| 21 | | period that begins with the
appointment of the Trustees and |
| 22 | | that ends on the later of June 30, 2019 1999 or the
appointment |
| 23 | | of a new Chicago Board of Education as provided in Section |
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| 1 | | 34-3;
and (ii) the new Chicago Board of Education from and |
| 2 | | after June 30, 2019 1999 or
from and after its appointment as |
| 3 | | provided in Section 34-3, whichever is later.
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| 4 | | Except during the period that begins with the appointment |
| 5 | | of the Chicago
School Reform Board of Trustees on or after the |
| 6 | | effective date of this
amendatory Act of the 99th General |
| 7 | | Assembly 1995 and that ends on the later of June 30, 2019 1999 |
| 8 | | or the
appointment of a new Chicago Board of Education as |
| 9 | | provided in Section 34-3:
(i) the school district organized |
| 10 | | under this Article may be subject to further
limitations |
| 11 | | imposed under Article 34A; and (ii) the provisions of Article |
| 12 | | 34A
prevail over the other provisions of this Act, including |
| 13 | | the provisions of this
Article, to the extent of any conflict.
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| 14 | | (Source: P.A. 89-15, eff. 5-30-95.)
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| 15 | | (105 ILCS 5/34-3) (from Ch. 122, par. 34-3)
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| 16 | | Sec. 34-3. Chicago School Reform Board of Trustees; new |
| 17 | | Chicago Board of
Education; members; term; vacancies.
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| 18 | | (a) Within 30 days after the effective date of this |
| 19 | | amendatory Act of the 99th General Assembly
1995, the terms of |
| 20 | | all members of the Chicago Board of Education
holding office on |
| 21 | | that date are abolished and the Mayor shall appoint,
with |
| 22 | | without the consent or approval of the City Council, a 5 member
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| 23 | | Chicago School Reform Board of Trustees which shall take office |
| 24 | | upon the
appointment of the fifth member. The Chicago School
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| 25 | | Reform Board of Trustees and its members
shall serve until, and |
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| 1 | | the terms of all members of the Chicago School
Reform Board of |
| 2 | | Trustees shall expire on, June 30, 2019 1999 or upon the
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| 3 | | appointment of a new Chicago Board of Education as provided
in |
| 4 | | subsection (b), whichever is later. Any vacancy in the |
| 5 | | membership of
the Trustees shall be filled through appointment |
| 6 | | by the Mayor,
with without the consent or approval of the City |
| 7 | | Council, for the unexpired term.
One of the members appointed |
| 8 | | by the Mayor to the Trustees shall
be designated by the Mayor |
| 9 | | to serve as President of the Trustees. The
Mayor shall appoint |
| 10 | | a full-time, compensated
chief executive officer, and his or |
| 11 | | her compensation as such chief executive
officer shall be |
| 12 | | determined by the Mayor. The Mayor, at his or her discretion,
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| 13 | | may appoint the President to serve simultaneously as the chief |
| 14 | | executive
officer.
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| 15 | | (b) Within 30 days before the expiration of the terms of |
| 16 | | the members of
the Chicago Reform Board of Trustees as provided |
| 17 | | in subsection (a), a new
Chicago Board of Education consisting |
| 18 | | of 7 members shall be appointed by the
Mayor to take office on |
| 19 | | the later of July 1, 2019 1999 or the appointment of the
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| 20 | | seventh member. Three of the members initially so appointed |
| 21 | | under this
subsection shall serve for terms ending June 30, |
| 22 | | 2022 2002, 4 of the members
initially so appointed under this |
| 23 | | subsection shall serve for terms ending
June 30, 2023 2003, and |
| 24 | | each member initially so appointed shall continue to hold
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| 25 | | office until his or her successor is appointed and qualified. |
| 26 | | Thereafter at
the expiration of the term of any member a |
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| 1 | | successor
shall be appointed by the Mayor and shall hold office |
| 2 | | for a term of 4 years,
from July 1 of the year in which the term |
| 3 | | commences and until a successor
is appointed and qualified. Any |
| 4 | | vacancy in the membership of the Chicago Board
of Education |
| 5 | | shall be filled through appointment by the Mayor for the
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| 6 | | unexpired term. All appointments No appointment to membership |
| 7 | | on the
Chicago Board of Education that are is made by the Mayor |
| 8 | | under
this subsection shall require the approval of the City
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| 9 | | Council, whether the appointment is made for a full term or to |
| 10 | | fill a vacancy
for an unexpired term on the Board. The board |
| 11 | | shall elect annually from its
number a president and |
| 12 | | vice-president, in such
manner and at such
time as the board |
| 13 | | determines by its rules. The officers so elected shall each
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| 14 | | perform the duties imposed upon their respective office by the |
| 15 | | rules of the
board, provided that (i) the president shall |
| 16 | | preside at meetings of the board
and vote as any other member |
| 17 | | but have no power of veto, and (ii) the vice
president shall |
| 18 | | perform the duties of the president if that office is vacant or
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| 19 | | the president is absent or unable to act.
The secretary of the |
| 20 | | Board shall be selected by the Board and shall be an
employee |
| 21 | | of the Board rather than a member of the Board, notwithstanding
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| 22 | | subsection (d) of Section 34-3.3. The duties of the secretary |
| 23 | | shall be
imposed by the rules of the Board.
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| 24 | | (c) The board shall may appoint a student to the board to |
| 25 | | serve in an advisory capacity. The student member shall serve |
| 26 | | for a term as determined by the board. The board may not grant |
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| 1 | | the student member any voting privileges, but shall consider |
| 2 | | the student member as an advisor. The student member may not |
| 3 | | participate in or attend any executive session of the board.
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| 4 | | (Source: P.A. 94-231, eff. 7-14-05.)
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| 5 | | (105 ILCS 5/34-3.3)
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| 6 | | Sec. 34-3.3.
Chicago School Reform Board of Trustees; |
| 7 | | powers and duties;
chief operating, fiscal, educational, and |
| 8 | | purchasing officers. The General
Assembly finds that an |
| 9 | | education crisis exists in the Chicago Public Schools
and that |
| 10 | | a 5-member Chicago School Reform Board of Trustees shall be
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| 11 | | established for a 4 year period to bring educational and |
| 12 | | financial
stability to the system. The Trustees and their chief |
| 13 | | executive officer are
empowered and directed to:
(i) increase |
| 14 | | the quality of educational services in the Chicago Public |
| 15 | | Schools;
(ii) reduce the cost of non-educational services and |
| 16 | | implement cost-saving
measures including the privatization of |
| 17 | | services where deemed appropriate;
(iii) develop a long-term
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| 18 | | financial plan that to the maximum extent possible reflects a |
| 19 | | balanced budget
for each year; (iv) streamline and strengthen |
| 20 | | the management of the system,
including a responsible |
| 21 | | school-based budgeting process, in order to refocus
resources |
| 22 | | on student achievement; (v) ensure ongoing academic |
| 23 | | improvement in
schools through the establishment of an Academic |
| 24 | | Accountability Council and a
strong school improvement and |
| 25 | | recognition process; (vi) enact policies and
procedures that |
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| 1 | | ensure the system runs in an ethical as well as efficient
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| 2 | | manner; (vii) establish within 60 days after the effective date |
| 3 | | of this
amendatory Act of the 99th General Assembly 1995, |
| 4 | | develop, and implement a process for the selection of a
local |
| 5 | | school council advisory board for the Trustees in which those |
| 6 | | individuals
active on Local School Councils serve an advisory |
| 7 | | role to the Trustees; (viii)
establish any organizational |
| 8 | | structures, including regional offices, that it
deems |
| 9 | | necessary to ensure the efficient and effective operation of |
| 10 | | the system;
and (ix) provide for such other local school |
| 11 | | council advisory bodies as the
Trustees deem appropriate to |
| 12 | | function in an advisory capacity to any other
organizations or |
| 13 | | offices established by the Trustees under clause (viii) of
this |
| 14 | | Section.
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| 15 | | (a) Unless otherwise provided in this Article, the Trustees |
| 16 | | shall have all
powers and duties exercised and performed by the |
| 17 | | Chicago Board
of Education at the time the terms of its members |
| 18 | | are abolished as provided in
subsection (a) of Section 34-3.
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| 19 | | (b) The Mayor shall appoint a chief executive officer who |
| 20 | | shall be a person
of recognized administrative ability
and |
| 21 | | management experience, who shall be responsible for the |
| 22 | | management of
the system, and who shall have all
other powers |
| 23 | | and duties of the general superintendent as set forth in this
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| 24 | | Article 34. The chief executive officer shall make |
| 25 | | recommendations to the
Trustees with respect to contracts, |
| 26 | | policies, and procedures.
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| 1 | | (c) The chief executive officer shall appoint, with the |
| 2 | | approval of the
Trustees, a chief operating officer, a chief |
| 3 | | fiscal officer, a chief
educational officer, and a chief |
| 4 | | purchasing officer to serve until June
30, 2019 1999. These |
| 5 | | officers shall be assigned duties and responsibilities
by the |
| 6 | | chief executive officer. The chief operating officer, the chief |
| 7 | | fiscal
officer, the chief educational officer, and the chief |
| 8 | | purchasing officer may be
granted authority to hire a specific |
| 9 | | number of employees to assist in meeting
immediate |
| 10 | | responsibilities. The chief executive officer may remove any
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| 11 | | officer, subject to the approval of the Trustees. Conditions of |
| 12 | | employment for
such personnel shall not be subject to the |
| 13 | | provisions of Section 34-85.
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| 14 | | (d) Upon the expiration on June 30, 2019 1999 of the terms |
| 15 | | of office of the
chief executive, operating, fiscal, |
| 16 | | educational, and purchasing officers
appointed under this |
| 17 | | Section and the appointment of a new Chicago Board of
Education |
| 18 | | under subsection (b) of Section 34-3, the board may retain,
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| 19 | | reorganize, or abolish any or all of those offices and appoint |
| 20 | | qualified
successors to fill any of those offices that it does |
| 21 | | not abolish.
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| 22 | | (e) The Trustees shall report to the State Superintendent |
| 23 | | of Education
with respect to its performance, the nature of the |
| 24 | | reforms which it has
instituted, the effect those reforms have |
| 25 | | had in the operation of the central
administrative office and |
| 26 | | in the performance of pupils, staff, and members of
the
local |
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| 1 | | school councils at the several attendance centers within the |
| 2 | | district,
and such other matters as the Trustees deem necessary |
| 3 | | to help assure
continuing improvement in the public school |
| 4 | | system of the district. The
reports shall be public documents |
| 5 | | and shall be made annually, beginning with
the school year that |
| 6 | | commences in 2015 1995 and concluding in the school year
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| 7 | | beginning in 2019 1999.
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| 8 | | (Source: P.A. 89-15, eff. 5-30-95.)
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| 9 | | (105 ILCS 5/34-13.1)
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| 10 | | Sec. 34-13.1. Inspector General.
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| 11 | | (a) The Inspector General and his or her office in |
| 12 | | existence on the effective date
of this amendatory Act of the |
| 13 | | 99th General Assembly 1995 shall be transferred to the |
| 14 | | jurisdiction of the
board upon appointment of the Chicago |
| 15 | | School Reform Board of Trustees. The
Inspector General shall |
| 16 | | have the authority
to conduct investigations into allegations |
| 17 | | of or incidents of waste, fraud, and
financial mismanagement in |
| 18 | | public education within the jurisdiction of the
board by a |
| 19 | | local school council
member or an
employee, contractor, or |
| 20 | | member of the board or involving
school projects
managed or |
| 21 | | handled by the Public Building Commission. The Inspector |
| 22 | | General
shall make recommendations to the board about the
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| 23 | | investigations.
The Inspector General in office on the |
| 24 | | effective date of this amendatory Act
of 1996 shall serve for a |
| 25 | | term expiring on June 30, 1998. His or her
successors in office |
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| 1 | | shall each be appointed by the Mayor, without the consent
or |
| 2 | | approval of the City Council, for 4 year terms expiring on June |
| 3 | | 30th of an
even numbered year.
If the Inspector General leaves |
| 4 | | office or if a vacancy in that office otherwise occurs, the
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| 5 | | Mayor shall appoint, without the consent or
approval of the |
| 6 | | City Council, a successor to serve under this Section for the
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| 7 | | remainder of the unexpired term. The
Inspector General shall be |
| 8 | | independent of the operations of the board and
the School |
| 9 | | Finance Authority, and shall perform other duties requested by |
| 10 | | the
board.
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| 11 | | (b) The Inspector General shall have access to all
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| 12 | | information and personnel necessary to perform the duties of |
| 13 | | the
office. If the Inspector General determines that a possible
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| 14 | | criminal act has been committed or that special expertise is
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| 15 | | required in the investigation, he or she shall immediately |
| 16 | | notify
the Chicago Police Department and the Cook County |
| 17 | | State's
Attorney. All investigations conducted by the |
| 18 | | Inspector General
shall be conducted in a manner that ensures |
| 19 | | the preservation of
evidence for use in criminal prosecutions.
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| 20 | | (c) At all times the Inspector General shall be granted
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| 21 | | access to any building or facility that is owned, operated, or
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| 22 | | leased by the board, the Public Building Commission, or the
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| 23 | | city in trust
and for the use and benefit of the schools of the |
| 24 | | district.
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| 25 | | (d) The Inspector General shall have the power to subpoena
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| 26 | | witnesses and compel the production of books and papers |
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| 1 | | pertinent
to an investigation authorized by this Code. Any |
| 2 | | person who (1)
fails to appear in response to a subpoena; (2) |
| 3 | | fails to answer
any question; (3) fails to produce any books or |
| 4 | | papers pertinent
to an investigation under this Code; or (4) |
| 5 | | knowingly gives
false testimony during an investigation under |
| 6 | | this Code, is
guilty of a Class A misdemeanor.
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| 7 | | (e) The Inspector General shall provide to the board and
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| 8 | | the Illinois General Assembly a summary of reports and
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| 9 | | investigations made under this Section for the previous fiscal
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| 10 | | year no later than January 1 of each year, except that the |
| 11 | | Inspector General
shall provide the summary of reports and |
| 12 | | investigations made under this Section
for the period |
| 13 | | commencing July 1, 1998 and ending April 30, 1999 no later than
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| 14 | | May 1, 1999. The summaries shall detail the final disposition |
| 15 | | of those
recommendations. The summaries shall not contain any |
| 16 | | confidential or
identifying information concerning the |
| 17 | | subjects of the reports and
investigations. The summaries shall |
| 18 | | also include detailed recommended
administrative actions and |
| 19 | | matters for consideration by the General Assembly.
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| 20 | | (f) (Blank).
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| 21 | | (g) (Blank).
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| 22 | | (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)
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| 23 | | Section 99. Effective date. This Act takes effect upon |
| 24 | | becoming law.
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