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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 |  | 1A-1, 1A-2, and 1A-2.1 as follows:
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| 6 |  |  (105 ILCS 5/1A-1) (from Ch. 122, par. 1A-1)
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| 7 |  |  Sec. 1A-1. Members and terms. 
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| 8 |  |  (a) (Blank).
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| 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
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| 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.
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| 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.
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| 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.
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| 3 |  | (Source: P.A. 93-1036, eff. 9-14-04.)
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| 4 |  |  (105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)
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| 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 his or her claim  | 
| 24 |  | for expenses $50 per day for meeting days.
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| 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)
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| 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:
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| 7 |  |  1. A member dies.
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| 8 |  |  2. A member files a written resignation with the Governor.
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| 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.
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| 13 |  |  4. A member ceases to be a resident of the region from
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| 14 |  | which he or she was appointed.
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| 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.
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| 18 |  |  6. A member fails to maintain the qualifications stated in  | 
| 19 |  | Sections 1A-1 and Section
1A-2 of this Code.
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| 20 |  | (Source: P.A. 93-1036, eff. 9-14-04.)
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