Illinois 93rd Regular Session Status: Passed House

HB 751 — STATE BOARD OF EDUCATION-TECH

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 93rd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the School Code. Makes a technical change in a Section concerning the members of the State Board of Education.

Bill Text

What changed in the latest version

687 added · 51 removed

Plain-language change summary

The recent amendments to HB 751 involve removing outdated language about the composition and terms of the State Board of Education. Specifically, it eliminates details about the number of members and their appointment process, which were relevant to a specific time in the past but are no longer applicable. This change is important because it streamlines the bill and focuses on current governance structures, making it easier to understand and implement the provisions related to the education service regions and school districts.

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093_HB0751 LRB093 05406 NHT 05496 b AN ACT concerning schools.
HB0751 Engrossed LRB093 05406 NHT 05496 b AN ACT concerning schools.
The School Code is amended by changing Section 1A-1 as follows:
The School Code is amended by changing Sections 2-3.105, 3-0.01, 3-1, 3-2, 3-2.5, 3-3, 3-15.6, 3-15.9, 3-15.10, 3A-2, and 3A-6 as follows:
(105 ILCS 5/1A-1) (from Ch.
(105 ILCS 5/2-3.105) (from Ch.
1A-1) Sec.
2-3.105) Sec.
1A-1.
2-3.105.
__________d_______________ members and terms.
Services to educational service regions and school districts.
(a) The term of each member of the State Board of Education who is in office on the effective date of this amendatory Act of 1996 shall terminate on January 1, 1997 or when all of the new members initially to be appointed under this amendatory Act of 1996 are appointed by the Governor as provided in subsection (b), whichever last occurs.
_a__ Commencing July 1, 1994 and thereafter, the State Board of Education through the office of the State Superintendent of Education shall have and exercise, in and with respect to each educational service region having a population of 2,000,000 or more inhabitants, and in and with respect to each school district located in any such educational service region, all rights, powers, duties and responsibilities theretofore vested in and exercised and performed by the regional superintendent of schools in that educational service region under the provisions of this Act or any other law of this State.
(b) Beginning on January 1, 1997 or when all of the new members initially to be appointed under this subsection are appointed by the Governor, whichever last occurs, and thereafter, the State Board of Education shall consist of 9 members, who shall be appointed by the Governor with the advice and consent of the Senate from a pattern of regional representation as follows:
_b______________________2______________________o____________ _____g_____________________S______________________o_____________ ________h__________________s______________________s_____________ _____t______________________s_____________________o_____________ _____y_____________________0______________________t_____________ _____w_____________________c______________________c_____________ _____t_____________________,_______________________d____________ _____n_____________________o______________________e_____________ _____r_____________________s______________________o_____________ _____n_____________________a______________________i_____________ _____n_____________________s______________________o_____________ HB0751 Engrossed -2- LRB093 05406 NHT 05496 b _____S______ (Source:
2 appointees shall be selected from among those counties of the State other than Cook County and the 5 counties contiguous to Cook County;
P.A.
2 appointees shall be selected from Cook County, one of whom shall be a resident of the City of Chicago and one of whom shall be a resident of that part of Cook County which lies outside the city limits of Chicago;
87-654;
2 appointees shall be selected from among the 5 counties of the State that are contiguous to Cook County;
87-895;
and 3 members shall be selected as members-at-large.
87-1251.) (105 ILCS 5/3-0.01) (from Ch.
At no time may more than 5 members of the Board be from one political party.
122, par.
Party membership is defined as having voted in the primary of the party in the last primary before -2- LRB093 05406 NHT 05496 b appointment.
3-0.01) Sec.
The 9 members initially appointed pursuant to this amendatory Act of 1996 shall draw lots to determine 3 of their number who shall serve until the second Wednesday of January, 2003, 3 of their number who shall serve until the second Wednesday of January, 2001, and 3 of their number who shall serve until the second Wednesday of January, 1999.
3-0.01.
Upon expiration of the terms of the members initially appointed under this amendatory Act of 1996, their respective successors shall be appointed for terms of 6 years, from the second Wednesday in January of each odd numbered year and until their respective successors are appointed and qualified.
"County superintendent of schools" and "regional superintendent of schools" defined - Application of Article.
Vacancies in terms shall be filled by appointment by the Governor with the advice and consent of the Senate for the extent of the unexpired term.
(a) Except as otherwise provided by subsection (b) o__ _____, after the effective date of this amendatory Act of 1975, the chief administrative officer of an educational service region shall be designated and referred to as the "regional superintendent of schools" or the "regional superintendent" and after the effective date of this amendatory Act of 1993 the office held by the chief administrative officer shall be designated and referred to as the "regional office of education".
If a vacancy in membership occurs at a time when the Senate is not in session, the Governor shall make a temporary appointment until the next meeting of the Senate, when the Governor shall appoint a person to fill that membership for the remainder of its term.
For purposes of the School Code and except as otherwise provided by subsection (b) _r_______, any reference to "county superintendent of schools" or "county superintendent" means the regional superintendent of schools.
If the Senate is not in session when appointments for a full term are made, the appointments shall be made as in the case of vacancies.
(b) Subject to subsection (b-1), in educational service regions containing 2,000,000 or more inhabitants, the office of regional superintendent of schools is abolished on July 1, 1994.
On and after that date in each educational service region in which the office of regional superintendent of schools is so abolished all rights, powers, duties and responsibilities theretofore vested by law in, and exercised and performed by the regional superintendent of schools and by any assistant regional superintendents or other assistants or employees in the office of the regional superintendent of schools so abolished shall be vested in, exercised and performed by the State Board of Education through the office of the State Superintendent of Education.
Upon abolition of the office of regional superintendent of schools in an HB0751 Engrossed -3- LRB093 05406 NHT 05496 b educational service region containing 2,000,000 or more inhabitants:
(i) all books, records, maps, papers and other documents belonging to or subject to the control or disposition of the former regional superintendent of schools by virtue of his office shall be transferred and delivered to the State Board of Education;
(ii) possession or control over all moneys, deposits and accounts in the possession or subject to the control or disposition of the former regional superintendent of schools by virtue of his office, including but not limited to undistributed or unexpended moneys drawn from, and all amounts on deposit in, the county, institute and supervisory expense funds, shall be transferred to and placed under the control and disposition of the State Board of Education, excepting only those moneys or accounts, if any, the source of which is the county treasury;
and (iii) all other equipment, furnishings, supplies and other personal property belonging to or subject to the control or disposition of the former regional superintendent of schools by virtue of his office, excepting only those items which were provided by the county board, shall be transferred and delivered to the State Board of Education.
From and after July 1, 1994, any reference in the School Code or any other law of this State to "regional superintendent of schools" or "regional superintendent", or "county superintendent of schools" or "county superintendent" shall mean, with respect to any educational service region containing 2,000,000 or more inhabitants in which the office of regional superintendent of schools is abolished, the State Board of Education serving through the office of the State Superintendent of Education as the chief administrative entity of an educational service region.
Upon and after the first Monday of August 1995, references in this Code and elsewhere to educational service regions of 2,000,000 or fewer inhabitants shall exclude any educational service HB0751 Engrossed -4- LRB093 05406 NHT 05496 b region containing a city of 500,000 or more inhabitants and references in this Code and elsewhere to educational service regions of 2,000,000 or more inhabitants shall mean an educational service region containing a city of 500,000 or more inhabitants regardless of the actual population of the region.
(b-1) _______________,________ references to "regional superintendent" shall also include the regional superintendent of schools in regions serving that portion of a Class II county outside a city of 500,000 or more population elected at the general election in 1994 and every 4 years thereafter.
_n_____________________v______________________a_____________ _____a_____________________i______________________0_____________ _____a_____________________r______________________t_____________ _____t_____________________f______________________e_____________ ______O____________________t_______________________d____________ _____n_____________________o______________________a_____________ _____e_____________________n_______________________s____________ _____y_____________________s______________________e_____________ _____m_____________________e______________________r_____________ _____l_____________________l______________________e_____________ _____r_____________________a______________________g_____________ _____e_____________________t______________________a_____________ _____o______________________s_____________________h_____________ _____n_____________________o______________________c_____________ _____s_____________________e______________________u_____________ _____o_____________________t______________________u_____________ _____c_____________________i______________________t_____________ _____f_____________________t______________________f_____________ ______p____________________r______________________d_____________ _____n_______________________o______________________c___________ _____s______________________r_____________________n_____________ _____h_____________________o______________________i_____________ HB0751 Engrossed -5- LRB093 05406 NHT 05496 b _____e_____________________o______________________r_____________ _____a______________________i_____________________t_____________ _____v______________________s_____________________t_____________ _______t___________________d______________________t_____________ _____t_____________________t______________________t_____________ _____s______________________t_____________________a_____________ ______e____________________g______________________h_____________ _____r_______________________o______________________c___________ _____s_____________________r______________________t_____________ _____t______________________o_____________________n_____________ ______t_____________________b_____________________d_____________ _____f_____________________t______________________E__________ _e_____________________,______________________s_____________ _______l___________________e______________________r_____________ _____l_____________________n______________________u_____________ _____c_______________________s____________________l_____________ _____c_____________________s_______________________t____________ _____C_____________________i______________________0_____________ _____a_____________________r______________________g_____________ _____e_____________________n______________________a_____________ _____i_____________________n______________________r_______ (c) This Article applies to the regional superintendent of a multicounty educational service region formed under Article 3A as well as to a single county or partial county region, except that in case of conflict between the provisions of this Article and of Article 3A in the case of a multicounty region, the provisions of Article 3A shall apply.
Any reference to "county" or to "educational service region" in this Article means a regional office of education.
89-610, eff.
87-654;
8-6-96.)
87-895;
87-1251;
88-89.) (105 ILCS 5/3-1) (from Ch.
122, par.
3-1) Sec.
3-1.
Election;
eligibility.
Quadrennially there shall be elected in every county, except those which have HB0751 Engrossed -6- LRB093 05406 NHT 05496 b been consolidated into a multicounty educational service region under Article 3A and except those having a population of 2,000,000 or more inhabitants, and beginning in 1994 u _____ ____ in that portion of a Class II county outside a city of 500,000 or more inhabitants and constituting an educational service region, a regional superintendent of schools, who shall enter upon the discharge of his duties on the first Monday of August next after his election;
provided, however, that the term of office of each regional superintendent of schools in office on June 30, 2003 is terminated on July 1, 2003, except that an incumbent regional superintendent of schools shall continue to serve until his successor is elected and qualified, and each regional superintendent of schools elected at the general election in 2002 and every four years thereafter shall assume office on the first day of July next after his election.
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No one is eligible to file his petition at any primary election for the nomination as candidate for the office of regional superintendent of schools nor to enter upon the duties of such office either by election or appointment unless he possesses the following qualifications:
(1) he is of good character, (2) he has a master's degree, (3) he has earned at least 20 semester hours of credit in professional education at the graduate level, (4) he holds a valid all grade supervisory certificate or a valid state limited supervisory certificate, or a valid state life supervisory certificate, or a valid administrative certificate, (5) he has had at least 4 years experience in teaching, and (6) he was engaged for at least 2 years of the 4 previous years in full time teaching or supervising in the common public schools or serving as a county superintendent of schools or regional superintendent of schools for an educational service region in the State of Illinois.
No petition of any candidate for nomination for the office of regional superintendent of schools may be filed and HB0751 Engrossed -7- LRB093 05406 NHT 05496 b no such candidate's name may be placed on a primary or general election ballot, unless such candidate files as part of his petition a certificate from the State Board of Education certifying that from the records of its office such candidate has the qualifications required by this Section;
however, any incumbent filing his petition for nomination for a succeeding term of office shall not be required to attach such certificate to his petition of candidacy.
Nomination papers filed under this Section are not valid unless the candidate named therein files with the county clerk or State Board of Elections 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 nomination papers were filed or within the period for the filing of nomination papers in accordance with the general election law.
The changes in qualifications made by Public Act 76-1563 do not affect the right of an incumbent to seek reelection.
On and after July 1, 1994, the provisions of this Section shall have no application in any educational service region having a population of 2,000,000 or more inhabitants;
provided further that no election shall be held in November of 1994 or at any other time after July 1, 1992 for the office of regional superintendent of schools in any county or educational service region having a population of 2,000,000 or more inhabitants.
_e_____________________0______________________h_____________ _____c_____________________n______________________s_____________ _____o_____________________c______________________o_____________ _____p_____________________e_______________________i____________ _____a_____________________c______________________r_____________ _____l_____________________s_______________________t____________ _____C_____________________i______________________0_____________ _____a______ HB0751 Engrossed -8- LRB093 05406 NHT 05496 b (Source:
P.A.
89-383, eff.
8-18-95;
90-280, eff.
7-31-97.) (105 ILCS 5/3-2) (from Ch.
122, par.
3-2) Sec.
3-2.
Oath of office - Bond - Salary.
Before entering upon his or her duties a regional superintendent of schools shall take and subscribe the oath prescribed by the Constitution and execute a bond payable to the People of the State of Illinois with 2 or more responsible persons having an interest in real estate as sureties (or, if the county is self-insured, the county through its self-insurance program may provide bonding), to be approved by the county board in a penalty of not less than $100,000, conditioned upon the faithful discharge of his or her duties and upon the delivery to his or her successor in office of all monies, books, papers and property in his or her custody as such regional superintendent of schools.
This bond shall be filed in the office of the county clerk, and action upon it may be maintained by any corporate body interested, for the benefit of any township or fund injured by any breach of its condition.
If any vacancy in the office of regional superintendent of schools occurs, such vacancy shall be filled in the manner provided by Section 3A-6.
Regional Superintendents of Schools shall receive the salary provided by Section 3-2.5.
On and after July 1, 1994, the provisions of this Section shall have no application in any educational service region having a population of 2,000,000 or more inhabitants.
_e_____________________0______________________a_____________ _____c_____________________t_______________________s____________ _____o_____________________t________________________5___________ _____p___________ (Source:
P.A.
88-387;
89-233, eff.
1-1-96.) HB0751 Engrossed -9- LRB093 05406 NHT 05496 b (105 ILCS 5/3-2.5) Sec.
3-2.5.
Salaries.
(a) Except as otherwise provided in this Section, the regional superintendents of schools shall receive for their services an annual salary according to the population, as determined by the last preceding federal census, of the region they serve, as set out in the following schedule:
SALARIES OF REGIONAL SUPERINTENDENTS OF SCHOOLS POPULATION OF REGION ANNUAL SALARY Less than 48,000 $73,500 48,000 to 99,999 $78,000 100,000 to 999,999 $81,500 1,000,000 and over $83,500 The changes made by Public Act 86-98 in the annual salary that the regional superintendents of schools shall receive for their services shall apply to the annual salary received by the regional superintendents of schools during each of their elected terms of office that commence after July 26, 1989 and before the first Monday of August, 1995.
The changes made by Public Act 89-225 in the annual salary that regional superintendents of schools shall receive for their services shall apply to the annual salary received by the regional superintendents of schools during their elected terms of office that commence after August 4, 1995 and end on August 1, 1999.
The changes made by this amendatory Act of the 91st General Assembly in the annual salary that the regional superintendents of schools shall receive for their services shall apply to the annual salary received by the regional superintendents of schools during each of their elected terms of office that commence on or after August 2, 1999.
Beginning July 1, 2000, the salary that the regional superintendent of schools receives for his or her services HB0751 Engrossed -10- LRB093 05406 NHT 05496 b shall be adjusted annually to reflect the percentage increase, if any, in the most recent Consumer Price Index, as defined and officially reported by the United States Department of Labor, Bureau of Labor Statistics, except that no annual increment may exceed 2.9%.
If the percentage of change in the Consumer Price Index is a percentage decrease, the salary that the regional superintendent of schools receives shall not be adjusted for that year.
When regional superintendents are authorized by the School Code to appoint assistant regional superintendents, the assistant regional superintendent shall receive an annual salary based on his or her qualifications and computed as a percentage of the salary of the regional superintendent to whom he or she is assistant, as set out in the following schedule:
SALARIES OF ASSISTANT REGIONAL SUPERINTENDENTS QUALIFICATIONS OF PERCENTAGE OF SALARY ASSISTANT REGIONAL OF REGIONAL SUPERINTENDENT SUPERINTENDENT No Bachelor's degree, but State certificate valid for teaching and supervising.
70% Bachelor's degree plus State certificate valid for supervising.
75% Master's degree plus State certificate valid for supervising.
90% However, in any region in which the appointment of more than one assistant regional superintendent is authorized, whether by Section 3-15.10 of this Code or otherwise, not more than one assistant may be compensated at the 90% rate and any other assistant shall be paid at not exceeding the 75% rate, in each case depending on the qualifications of the HB0751 Engrossed -11- LRB093 05406 NHT 05496 b assistant.
The salaries provided in this Section for regional superintendents and assistant regional superintendents are payable monthly from the Common School Fund.
The State Comptroller in making his or her warrant to any county for the amount due it from the Common School Fund shall deduct from it the several amounts for which warrants have been issued to the regional superintendent, and any assistant regional superintendent, of the educational service region encompassing the county since the preceding apportionment of the Common School Fund.
County boards may provide for additional compensation for the regional superintendent or the assistant regional superintendents, or for each of them, to be paid quarterly from the county treasury.
(b) Upon abolition on July 1, 1994, of the office of regional superintendent of schools in educational service regions containing 2,000,000 or more inhabitants as provided in Section 3-0.01 of this Code, the provisions of subsection (a) of this Section shall no longer apply in any educational service region in which the office of regional superintendent of schools is so abolished, and no salary or other compensation shall be payable under that subsection (a) or under any other provision of this Section with respect to the office so abolished or with respect to any assistant position to the office so abolished.
_b_____________________o______________________e_____________ _____n______________________s_____________________n_____________ _____t_____________________o_______________________s____________ _____o_____________________t________________________5___________ ______p____________________d______________________o_____________ _____c_____________________t______________________p_____________ _____t_____________________g______________________r_____________ _____n_____________________b_______________________(____________ HB0751 Engrossed -12- LRB093 05406 NHT 05496 b ______p____________________c______________________t_____________ _____s_____________________c______________________s_____________ _____e_______________ (c) If the State pays all or any portion of the employee contributions required under Section 16-152 of the Illinois Pension Code for employees of the State Board of Education, it shall also pay the employee contributions required of regional superintendents of schools and assistant regional superintendents of schools on the same basis, but excluding any contributions based on compensation that is paid by the county rather than the State.
This subsection (c) applies to contributions based on payments of salary earned after the effective date of this amendatory Act of the 91st General Assembly, except that in the case of an elected regional superintendent of schools, this subsection does not apply to contributions based on payments of salary earned during a term of office that commenced before the effective date of this amendatory Act.
(Source:
P.A.
91-276, eff.
7-23-99.) (105 ILCS 5/3-3) (from Ch.
122, par.
3-3) Sec.
3-3.
Practice of other profession.
It is unlawful for any county superintendent of schools to practice or to hold himself out as practicing any other profession.
Violation of this section shall be a cause of forfeiture of office.
On and after July 1, 1994, the provisions of this Section shall have no application in any educational service region having a population of 2,000,000 or more inhabitants.
_e_____________________0______________________h_____________ _____c_____________________n______________________s_____________ _____o_____________________c______________________o_____________ _____p___________ (Source:
P.A.
87-654;
87-1251.) HB0751 Engrossed -13- LRB093 05406 NHT 05496 b (105 ILCS 5/3-15.6) (from Ch.
122, par.
3-15.6) Sec.
3-15.6.
Additional employees.
To employ, with the approval of the county board, such additional employees as are needed for the discharge of the duties of the office.
The non-clerical employees shall be persons versed in the principles and methods of education, familiar with public school work, competent to visit schools and certificated pursuant to this Code if their duties are comparable to those for which certification is required by this Code.
On and after July 1, 1994, the provisions of this Section shall have no application in any educational service region having a population of 2,000,000 or more inhabitants.
_e_____________________0______________________a_____________ _____c_____________________t_______________________s____________ _____o_____________________t________________________5___________ _____p___________ (Source:
P.A.
86-361;
87-654;
87-1251.) (105 ILCS 5/3-15.9) (from Ch.
122, par.
3-15.9) Sec.
3-15.9.
Delivery of money, books, papers and property to successor.
Upon his removal or resignation, or at the expiration of his term of office, or in case of his death his representatives to deliver to his successor in office, on demand, all moneys, books, papers and personal property belonging to his office or subject to his control or disposition.
On and after July 1, 1994, the provisions of this Section shall have no application in any educational service region having a population of 2,000,000 or more inhabitants.
_e_____________________0______________________a_____________ _____c_____________________t_______________________s____________ _____o_____________________t________________________5___________ _____p___________ (Source:
P.A.
87-654;
87-1251.) HB0751 Engrossed -14- LRB093 05406 NHT 05496 b (105 ILCS 5/3-15.10) (from Ch.
122, par.
3-15.10) Sec.
3-15.10.
Assistant Regional Superintendent.
To employ, in counties or regions of 2,000,000 inhabitants or less, in addition to any assistants authorized to be employed with the approval of the county board, an assistant regional superintendent of schools who shall be a person of good attainment, versed in the principles and methods of education, and qualified to teach and supervise schools under Article 21 of this Act;
to fix the term of such assistant and direct his work and define his duties.
U _________y__________ in regions established within that portion of a Class II county outside a city of 500,000 or more inhabitants, the regional superintendent may employ, in addition to any assistants authorized to be employed with the approval of the county board, 3 assistant regional superintendents of schools.
Until July 1, 1994, in counties or regions having a population of more than 2,000,000 inhabitants the regional superintendent may employ, in addition to any assistants authorized to be employed with the approval of the county board, 11 assistant regional superintendents of schools.
Assistant regional superintendents shall each be a person of good attainment, versed in the principles and methods of education, and qualified to teach and supervise schools under Article 21 of this Act.
The work of such assistant regional superintendent shall be so arranged and directed that the county or regional superintendent and assistant superintendent, together, shall devote an amount of time during the school year, equal to at least the full time of one individual, to the supervision of schools and of teaching in the schools of the county.
Notwithstanding any of the provisions of this Section, any person who, on July 1, 1955, was employed as an assistant county superintendent of schools shall be qualified for that position if he holds a state certificate valid for teaching HB0751 Engrossed -15- LRB093 05406 NHT 05496 b and supervising.
On July 1, 1994, the employment of all persons serving as assistant county or regional superintendents in any county or educational service region having a population of more than 2,000,000 inhabitants is terminated, the office of assistant county or regional superintendent in each such county or educational service region is abolished, and this Section shall, from and after July 1, 1994, have no further application in any such county or educational service region.
_n_____________________m______________________n_____________ _____t_____________________e______________________n_____________ _____t______________________s_____________________o_____________ _____y_____________________o______________________p_____________ _____n_____________________o_______________________o____________ _____i_____________________e________________________r___________ _____s_____________________t______________________J_____________ _____n_____________________i______________________o_____________ _____n__ A regional superintendent of schools shall not employ his or her spouse, child, stepchild, or relative as an assistant regional superintendent of schools.
By September 1 each year, a regional superintendent shall certify to the State Board of Education that he or she has complied with this paragraph.
If the State Board of Education becomes aware of the fact that a regional superintendent is employing his or her spouse, child, stepchild, or relative as an assistant regional superintendent, the State Board of Education shall not request for payment from the State Comptroller any warrants for the payment of the assistant regional superintendent's salary.
In this paragraph, "relative" means a grandparent, parent, aunt, uncle, sibling, first cousin, nephew, niece, grandchild, or spouse of one of these persons.
This paragraph applies only to contracts for employment entered into on or after the effective date of this amendatory Act of the 91st HB0751 Engrossed -16- LRB093 05406 NHT 05496 b General Assembly.
(Source:
P.A.
91-764, eff.
6-9-00.) (105 ILCS 5/3A-2) (from Ch.
122, par.
3A-2) Sec.
3A-2.
Regional superintendent-County superintendent of schools.
The chief administrative officer of an educational service region shall be designated and referred to as "Regional Superintendent of Schools" or "regional superintendent." Such person shall, in his region, have the powers and duties and perform the functions required of or exercisable by a county superintendent of schools, except as otherwise provided by law.
Any reference to "county superintendent of schools" in The School Code or any other Illinois statute means and refers to the regional superintendent of schools for an educational service region.
_n_____________________v______________________a_____________ _____a_____________________i______________________0_____________ _____a_____________________r______________________t_____________ _____o_____________________0______________________i_____________ _____C_____ (Source:
P.A.
79-1057.) (105 ILCS 5/3A-6) (from Ch.
122, par.
3A-6) Sec.
3A-6.
Election of Superintendent for consolidated region - Bond - Vacancies in any educational service region.
(a) The regional superintendent to be elected under Section 3A-5 shall be elected at the time provided in the general election law and must possess the qualifications described in Section 3-1 of this Act.
(b) The bond required under Section 3-2 shall be filed in the office of the county clerk in the county where the regional office is situated, and a certified copy of that HB0751 Engrossed -17- LRB093 05406 NHT 05496 b bond shall be filed in the office of the county clerk in each of the other counties in the region.
(c) When a vacancy occurs in the office of regional superintendent of schools of any educational service region which is not located in a county which is a home rule unit, such vacancy shall be filled within 60 days (i) by appointment of the chairman of the county board, with the advice and consent of the county board, when such vacancy occurs in a single county educational service region;
or (ii) by appointment of a committee composed of the chairmen of the county boards of those counties comprising the affected educational service region when such vacancy occurs in a multicounty educational service region, each committeeman to be entitled to one vote for each vote that was received in the county represented by such committeeman on the committee by the regional superintendent of schools whose office is vacant at the last election at which a regional superintendent was elected to such office, and the person receiving the highest number of affirmative votes from the committeemen for such vacant office to be deemed the person appointed by such committee to fill the vacancy.
The appointee shall be a member of the same political party as the regional superintendent of schools the appointee succeeds was at the time such regional superintendent of schools last was elected.
The appointee shall serve for the remainder of the term.
However, if more than 28 months remain in that term, the appointment shall be until the next general election, at which time the vacated office shall be filled by election for the remainder of the term.
Nominations shall be made and any vacancy in nomination shall be filled as follows:
(1) If the vacancy in office occurs before the first date provided in Section 7-12 of the Election Code for filing nomination papers for county offices for the HB0751 Engrossed -18- LRB093 05406 NHT 05496 b primary in the next even-numbered year following commencement of the term of office in which the vacancy occurs, nominations for the election for filling the vacancy shall be made pursuant to Article 7 of the Election Code.
(2) If the vacancy in office occurs during the time provided in Section 7-12 of the Election Code for filing nomination papers for county offices for the primary in the next even-numbered year following commencement of the term of office in which the vacancy occurs, the time for filing nomination papers for the primary shall not be more than 91 days nor less than 85 days prior to the date of the primary.
(3) If the vacancy in office occurs after the last day provided in Section 7-12 of the Election Code for filing nomination papers for county offices for the primary in the next even-numbered year following commencement of the term of office in which the vacancy occurs, a vacancy in nomination shall be deemed to have occurred and the county central committee of each established political party (if the vacancy occurs in a single county educational service region) or the multi-county educational service region committee of each established political party (if the vacancy occurs in a multi-county educational service region) shall nominate, by resolution, a candidate to fill the vacancy in nomination for election to the office at the general election.
In the nomination proceedings to fill the vacancy in nomination, each member of the county central committee or the multi-county educational service region committee, whichever applies, shall have the voting strength as set forth in Section 7-8 or 7-8.02 of the Election Code, respectively.
The name of the candidate so nominated shall not appear on the ballot at the HB0751 Engrossed -19- LRB093 05406 NHT 05496 b general primary election.
The vacancy in nomination shall be filled prior to the date of certification of candidates for the general election.
(4) The resolution to fill the vacancy shall be duly acknowledged before an officer qualified to take acknowledgments of deeds and shall include, upon its face, the following information:
(A) the name of the original nominee and the office vacated;
(B) the date on which the vacancy occurred;
and (C) the name and address of the nominee selected to fill the vacancy and the date of selection.
The resolution to fill the vacancy shall be accompanied by a statement of candidacy, as prescribed in Section 7-10 of the Election Code, completed by the selected nominee, a certificate from the State Board of Education, as prescribed in Section 3-1 of this Code, and a receipt indicating that the nominee has filed a statement of economic interests as required by the Illinois Governmental Ethics Act.
The provisions of Sections 10-8 through 10-10.1 of the Election Code relating to objections to nomination papers, hearings on objections, and judicial review shall also apply to and govern objections to nomination papers and resolutions for filling vacancies in nomination filed pursuant to this Section.
Unless otherwise specified in this Section, the nomination and election provided for in this Section is governed by the general election law.
Except as otherwise provided by applicable county ordinance or by law, if a vacancy occurs in the office of regional superintendent of schools of an educational service region that is located in a county that is a home rule unit and that has a population of less than 2,000,000 inhabitants, that vacancy shall be filled by the county board of such home rule county.
Until July 1, 2003 or until the regional superintendent HB0751 Engrossed -20- LRB093 05406 NHT 05496 b of schools elected in 2002 takes office, whichever occurs first, if a vacancy exists in the office of regional superintendent of schools of an educational service region that is located in a county that is a home rule unit and that has a population of 2,000,000 or more inhabitants, then that vacancy shall be filled by the first assistant superintendent/deputy superintendent until the end of the term to which the regional superintendent was elected.
_e_____________________0______________________a_____________ _____c_____________________t_______________________s____________ _____o_____________________t________________________5___________ _____p___________ Any person appointed to fill a vacancy in the office of regional superintendent of schools of any educational service region must possess the qualifications required to be elected to the position of regional superintendent of schools, and shall obtain a certificate of eligibility from the State Superintendent of Education and file same with the county clerk of the county in which the regional superintendent's office is located.
If the regional superintendent of schools is called into the active military service of the United States, his office shall not be deemed to be vacant, but a temporary appointment shall be made as in the case of a vacancy.
The appointee shall perform all the duties of the regional superintendent of schools during the time the regional superintendent of schools is in the active military service of the United States, and shall be paid the same compensation apportioned as to the time of service, and such appointment and all authority thereunder shall cease upon the discharge of the regional superintendent of schools from such active military service.
The appointee shall give the same bond as is required of a regularly elected regional superintendent of schools.
HB0751 Engrossed -21- LRB093 05406 NHT 05496 b (Source:
P.A.
92-277, eff.
8-7-01;
92-869, eff.
1-3-03.)
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Action History

  1. Session Sine Die

  2. Rule 19(a) / Re-referred to Rules Committee

  3. Third Reading Deadline Extended - Rule 9(b); May 2, 2003

  4. Placed on Calendar Order of 3rd Reading - Short Debate

  5. House Floor Amendment No. 2 Adopted by Voice Vote

  6. Second Reading - Short Debate

  7. House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000

  8. House Floor Amendment No. 2 Referred to Rules Committee

  9. House Floor Amendment No. 2 Filed with Clerk by Rep. Michael J. Madigan

  10. Placed on Calendar 2nd Reading - Short Debate

  11. Do Pass as Amended / Short Debate Executive Committee; 007-005-000

  12. House Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote

  13. House Committee Amendment No. 1 Filed with Clerk by Executive Committee

  14. Assigned to Executive Committee

  15. Referred to Rules Committee

  16. First Reading

  17. Chief Co-Sponsor Rep. Calvin L. Giles

  18. Chief Co-Sponsor Rep. Barbara Flynn Currie

  19. Filed with the Clerk by Rep. Michael J. Madigan

Sponsors

  • Michael J. Madigan · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Michael J. Madigan

Not signed on (182)

182 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

education technology
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Frequently asked questions

What does HB 751 do?
Amends the School Code. Makes a technical change in a Section concerning the members of the State Board of Education.
Who sponsors HB 751?
HB 751 is sponsored by Michael J. Madigan.
What is the current status of HB 751?
This bill died with 93rd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 751?
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