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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, | ||||||||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||||||||||||||||||||
5 | Department
of Education Act. | ||||||||||||||||||||||||||||||||||||||||||||
6 | Section 5. Department defined. In this Act "Department" | ||||||||||||||||||||||||||||||||||||||||||||
7 | means the
Department of Education. | ||||||||||||||||||||||||||||||||||||||||||||
8 | Section 10. General powers and duties. | ||||||||||||||||||||||||||||||||||||||||||||
9 | (a) The Department shall begin operation on July 1, 2005.
| ||||||||||||||||||||||||||||||||||||||||||||
10 | The Department shall exercise the rights, powers, duties, and
| ||||||||||||||||||||||||||||||||||||||||||||
11 | functions provided by law, including without limitation the | ||||||||||||||||||||||||||||||||||||||||||||
12 | rights,
powers, duties, and functions transferred to the | ||||||||||||||||||||||||||||||||||||||||||||
13 | Department under
Section 15 of this Act.
| ||||||||||||||||||||||||||||||||||||||||||||
14 | (b) The Department may provide facilities, contract for | ||||||||||||||||||||||||||||||||||||||||||||
15 | goods and
services, and adopt rules as necessary to carry out | ||||||||||||||||||||||||||||||||||||||||||||
16 | its functions and
purposes, all in accordance with applicable | ||||||||||||||||||||||||||||||||||||||||||||
17 | law.
| ||||||||||||||||||||||||||||||||||||||||||||
18 | (c) The Department, from appropriations specifically for | ||||||||||||||||||||||||||||||||||||||||||||
19 | these purposes, shall pay the expenses, including any salaries, | ||||||||||||||||||||||||||||||||||||||||||||
20 | of the State Board of Education and the State Superintendent of | ||||||||||||||||||||||||||||||||||||||||||||
21 | Education and provide office space, supplies, and any necessary | ||||||||||||||||||||||||||||||||||||||||||||
22 | staff assistance to the State Board of Education and the State | ||||||||||||||||||||||||||||||||||||||||||||
23 | Superintendent of Education. | ||||||||||||||||||||||||||||||||||||||||||||
24 | Section 15. Transfer of powers. Except as otherwise | ||||||||||||||||||||||||||||||||||||||||||||
25 | provided in
subsection (b) of Section 2 of Article X of the | ||||||||||||||||||||||||||||||||||||||||||||
26 | Constitution of the State of
Illinois and subsection B of | ||||||||||||||||||||||||||||||||||||||||||||
27 | Section 1A-4 of the School Code, all of the rights, powers, | ||||||||||||||||||||||||||||||||||||||||||||
28 | duties, and functions vested by
law in the State Board of | ||||||||||||||||||||||||||||||||||||||||||||
29 | Education or the State Superintendent of
Education or in any | ||||||||||||||||||||||||||||||||||||||||||||
30 | office, council, committee, division, or bureau of
the State |
| |||||||
| |||||||
1 | Board of Education or the State Superintendent of Education
are | ||||||
2 | transferred to the Department on July 1, 2005. | ||||||
3 | Section 20. Transfer of personnel. | ||||||
4 | (a) Personnel employed by the State Board of Education or | ||||||
5 | the
State Superintendent of Education on June 30, 2005 are
| ||||||
6 | transferred to the Department on July 1,
2005.
| ||||||
7 | (b) The Department shall continue in effect all collective | ||||||
8 | bargaining agreements in existence on June 30, 2005 between the | ||||||
9 | State Board of Education and labor organizations representing | ||||||
10 | personnel of the State Board of Education, and the Department | ||||||
11 | shall continue to recognize these labor organizations as the | ||||||
12 | exclusive bargaining representatives for the personnel, | ||||||
13 | pursuant to the Illinois Educational Labor Relations Act. Under | ||||||
14 | Section 1A-0.01 of the School Code, the transition team | ||||||
15 | designated by the Governor must conduct negotiations with these | ||||||
16 | bargaining representatives for collective bargaining | ||||||
17 | agreements between the bargaining representatives and the | ||||||
18 | Department of Education, to be effective beginning on July 1, | ||||||
19 | 2005. | ||||||
20 | (c) The rights of State employees, the State, and its | ||||||
21 | agencies
under the Personnel Code and applicable collective | ||||||
22 | bargaining
agreements and retirement plans (except as | ||||||
23 | otherwise provided in Article 16 of the Illinois Pension Code) | ||||||
24 | are not affected by this Act.
| ||||||
25 | Section 25. Transfer of property. All books, records,
| ||||||
26 | documents, property (real and personal), unexpended | ||||||
27 | appropriations,
including both obligated and unobligated | ||||||
28 | appropriations, and pending business pertaining to the rights, | ||||||
29 | powers, duties, and
functions transferred to the Department | ||||||
30 | under this Act shall be
transferred and delivered to the | ||||||
31 | Department on
July 1, 2005, unless otherwise directed by the | ||||||
32 | Governor. The Department is the successor agency of the State | ||||||
33 | Board of Education and the State Superintendent of Education | ||||||
34 | for purposes of Section 9b of the State Finance Act and the |
| |||||||
| |||||||
1 | Successor Agency Act. | ||||||
2 | Section 30. Rules, standards, and procedures. | ||||||
3 | (a) The rules, standards, and procedures of the State Board | ||||||
4 | of
Education or the State Superintendent of Education that are | ||||||
5 | in effect on
June 30, 2005 and pertain to the rights, powers, | ||||||
6 | duties, and
functions transferred to the Department under this | ||||||
7 | Act shall become
the rules, standards, and procedures of the | ||||||
8 | Department on July 1,
2005 and shall continue in effect until | ||||||
9 | amended or repealed by the
Department.
| ||||||
10 | (b) Any rules pertaining to the rights, powers, duties, and
| ||||||
11 | functions transferred to the Department under this Act that | ||||||
12 | have been
proposed by the State Board of Education or the State | ||||||
13 | Superintendent of
Education but have not taken effect or been | ||||||
14 | finally adopted before
July 1, 2005 shall become proposed rules | ||||||
15 | of the Department on
July 1, 2005, and any rulemaking | ||||||
16 | procedures that have
already been completed by the State Board | ||||||
17 | of Education or the State
Superintendent of Education for those | ||||||
18 | proposed rules need not be
repeated.
| ||||||
19 | Section 35. Savings provisions. | ||||||
20 | (a) The rights, powers, duties, and functions transferred | ||||||
21 | to the
Department by this Act shall be vested in and exercised | ||||||
22 | by the
Department subject to the provisions of this Act. An
act | ||||||
23 | done by the Department or an officer, employee, or agent of the
| ||||||
24 | Department in the exercise of the transferred rights, powers, | ||||||
25 | duties, or
functions shall have the same legal effect as if | ||||||
26 | done by the State Board of
Education or an officer, employee, | ||||||
27 | or agent of the State Board of
Education.
| ||||||
28 | (b) The transfer of rights, powers, duties, and functions | ||||||
29 | to the
Department under this Act does not invalidate any
| ||||||
30 | previous actions taken by or in respect to the State Board of | ||||||
31 | Education
or its officers, employees, or agents. Except as | ||||||
32 | otherwise provided in Section 1A-0.01 of the School Code, on | ||||||
33 | July 1, 2005, references to the State Board of
Education or its | ||||||
34 | officers, employees, or agents in any
document, contract, |
| |||||||
| |||||||
1 | agreement, or law (other than this Act and Section 16-106 of | ||||||
2 | the Illinois Pension Code) shall, in appropriate contexts, be
| ||||||
3 | deemed to refer to the Department or its officers, employees, | ||||||
4 | or agents.
| ||||||
5 | (c) The transfer of rights, powers, duties, and functions | ||||||
6 | to the
Department under this Act does not affect any person's
| ||||||
7 | rights, obligations, or duties, including any civil or criminal
| ||||||
8 | penalties applicable thereto, arising out of those transferred | ||||||
9 | rights,
powers, duties, and functions.
| ||||||
10 | Section 40. Financial audit of State Board of Education. | ||||||
11 | The Auditor General must conduct a financial audit of the State | ||||||
12 | Board of Education for the time frame from the last audit | ||||||
13 | period to July 1, 2005. | ||||||
14 | Section 80. The Civil Administrative Code of Illinois is | ||||||
15 | amended by changing
Sections 5-15 and 5-20 and adding Section | ||||||
16 | 5-338 as follows:
| ||||||
17 | (20 ILCS 5/5-15) (was 20 ILCS 5/3)
| ||||||
18 | Sec. 5-15. Departments of State government. The | ||||||
19 | Departments of
State government are created as follows:
| ||||||
20 | The Department on Aging.
| ||||||
21 | The Department of Agriculture.
| ||||||
22 | The Department of Central Management Services.
| ||||||
23 | The Department of Children and Family Services.
| ||||||
24 | The Department of Commerce and Economic Opportunity.
| ||||||
25 | The Department of Corrections.
| ||||||
26 | The Department of Education.
| ||||||
27 | The Department of Employment Security.
| ||||||
28 | The Department of Financial Institutions.
| ||||||
29 | The Department of Human Rights.
| ||||||
30 | The Department of Human Services.
| ||||||
31 | The Department of Insurance.
| ||||||
32 | The Department of Labor.
| ||||||
33 | The Department of the Lottery.
|
| |||||||
| |||||||
1 | The Department of Natural Resources.
| ||||||
2 | The Department of Nuclear Safety.
| ||||||
3 | The Department of Professional Regulation.
| ||||||
4 | The Department of Public Aid.
| ||||||
5 | The Department of Public Health.
| ||||||
6 | The Department of Revenue.
| ||||||
7 | The Department of State Police.
| ||||||
8 | The Department of Transportation.
| ||||||
9 | The Department of Veterans' Affairs.
| ||||||
10 | (Source: P.A. 93-25, eff. 6-20-03.)
| ||||||
11 | (20 ILCS 5/5-20) (was 20 ILCS 5/4)
| ||||||
12 | Sec. 5-20. Heads of departments. Each department shall have | ||||||
13 | an
officer as its head who shall
be known as director or | ||||||
14 | secretary and who shall, subject to the
provisions of the Civil | ||||||
15 | Administrative Code of Illinois,
execute the powers and | ||||||
16 | discharge the duties
vested by law in his or her respective | ||||||
17 | department.
| ||||||
18 | The following officers are hereby created:
| ||||||
19 | Director of Aging, for the Department on Aging.
| ||||||
20 | Director of Agriculture, for the Department of | ||||||
21 | Agriculture.
| ||||||
22 | Director of Central Management Services, for the | ||||||
23 | Department of Central
Management Services.
| ||||||
24 | Director of Children and Family Services, for the | ||||||
25 | Department of Children and
Family Services.
| ||||||
26 | Director of Commerce and Economic Opportunity, for
the | ||||||
27 | Department of Commerce
and Economic Opportunity.
| ||||||
28 | Director of Corrections, for the Department of | ||||||
29 | Corrections.
| ||||||
30 | Secretary of Education, for the Department of Education.
| ||||||
31 | Director of Employment Security, for the Department of | ||||||
32 | Employment Security.
| ||||||
33 | Director of Financial Institutions, for the Department of | ||||||
34 | Financial
Institutions.
| ||||||
35 | Director of Human Rights, for the Department of Human |
| |||||||
| |||||||
1 | Rights.
| ||||||
2 | Secretary of Human Services, for the Department of Human | ||||||
3 | Services.
| ||||||
4 | Director of Insurance, for the Department of Insurance.
| ||||||
5 | Director of Labor, for the Department of Labor.
| ||||||
6 | Director of the Lottery, for the Department of the Lottery.
| ||||||
7 | Director of Natural Resources, for the Department of | ||||||
8 | Natural Resources.
| ||||||
9 | Director of Nuclear Safety, for the Department of Nuclear | ||||||
10 | Safety.
| ||||||
11 | Director of Professional Regulation, for the Department of | ||||||
12 | Professional
Regulation.
| ||||||
13 | Director of Public Aid, for the Department of Public Aid.
| ||||||
14 | Director of Public Health, for the Department of Public | ||||||
15 | Health.
| ||||||
16 | Director of Revenue, for the Department of Revenue.
| ||||||
17 | Director of State Police, for the Department of State | ||||||
18 | Police.
| ||||||
19 | Secretary of Transportation, for the Department of | ||||||
20 | Transportation.
| ||||||
21 | Director of Veterans' Affairs, for the Department of | ||||||
22 | Veterans' Affairs.
| ||||||
23 | (Source: P.A. 93-25, eff. 6-20-03.)
| ||||||
24 | (20 ILCS 5/5-338 new)
| ||||||
25 | Sec. 5-338. In the Department of Education. The Secretary | ||||||
26 | of
Education shall receive an annual salary as set by the | ||||||
27 | Governor from
time to time or as set by the Compensation Review | ||||||
28 | Board, whichever is
greater.
| ||||||
29 | Section 85. The Illinois State Auditing Act is amended by | ||||||
30 | changing Section 3-1 as follows:
| ||||||
31 | (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
| ||||||
32 | Sec. 3-1. Jurisdiction of Auditor General. The Auditor | ||||||
33 | General has
jurisdiction over all State agencies to make post |
| |||||||
| |||||||
1 | audits and investigations
authorized by or under this Act or | ||||||
2 | the Constitution.
| ||||||
3 | The Auditor General has jurisdiction over local government | ||||||
4 | agencies
and private agencies only:
| ||||||
5 | (a) to make such post audits authorized by or under | ||||||
6 | this Act as are
necessary and incidental to a post audit of | ||||||
7 | a State agency or of a
program administered by a State | ||||||
8 | agency involving public funds of the
State, but this | ||||||
9 | jurisdiction does not include any authority to review
local | ||||||
10 | governmental agencies in the obligation, receipt, | ||||||
11 | expenditure or
use of public funds of the State that are | ||||||
12 | granted without limitation or
condition imposed by law, | ||||||
13 | other than the general limitation that such
funds be used | ||||||
14 | for public purposes;
| ||||||
15 | (b) to make investigations authorized by or under this | ||||||
16 | Act or the
Constitution; and
| ||||||
17 | (c) to make audits of the records of local government | ||||||
18 | agencies to verify
actual costs of state-mandated programs | ||||||
19 | when directed to do so by the
Legislative Audit Commission | ||||||
20 | at the request of the State Board of Appeals
under the | ||||||
21 | State Mandates Act.
| ||||||
22 | In addition to the foregoing, the Auditor General may | ||||||
23 | conduct an
audit of the Metropolitan Pier and Exposition | ||||||
24 | Authority, the
Regional Transportation Authority, the Suburban | ||||||
25 | Bus Division, the Commuter
Rail Division and the Chicago | ||||||
26 | Transit Authority and any other subsidized
carrier when | ||||||
27 | authorized by the Legislative Audit Commission. Such audit
may | ||||||
28 | be a financial, management or program audit, or any combination | ||||||
29 | thereof.
| ||||||
30 | The audit shall determine whether they are operating in | ||||||
31 | accordance with
all applicable laws and regulations. Subject to | ||||||
32 | the limitations of this
Act, the Legislative Audit Commission | ||||||
33 | may by resolution specify additional
determinations to be | ||||||
34 | included in the scope of the audit.
| ||||||
35 | In addition to the foregoing, the Auditor General must also | ||||||
36 | conduct a
financial audit of
the Illinois Sports Facilities |
| |||||||
| |||||||
1 | Authority's expenditures of public funds in
connection with the | ||||||
2 | reconstruction, renovation, remodeling, extension, or
| ||||||
3 | improvement of all or substantially all of any existing | ||||||
4 | "facility", as that
term is defined in the Illinois Sports | ||||||
5 | Facilities Authority Act.
| ||||||
6 | The Auditor General may also conduct an audit, when | ||||||
7 | authorized by
the Legislative Audit Commission, of any hospital | ||||||
8 | which receives 10% or
more of its gross revenues from payments | ||||||
9 | from the State of Illinois,
Department of Public Aid, Medical | ||||||
10 | Assistance Program.
| ||||||
11 | The Auditor General is authorized to conduct financial and | ||||||
12 | compliance
audits of the Illinois Distance Learning Foundation | ||||||
13 | and the Illinois
Conservation Foundation.
| ||||||
14 | As soon as practical after the effective date of this | ||||||
15 | amendatory Act of
1995, the Auditor General shall conduct a | ||||||
16 | compliance and management audit of
the City of
Chicago and any | ||||||
17 | other entity with regard to the operation of Chicago O'Hare
| ||||||
18 | International Airport, Chicago Midway Airport and Merrill C. | ||||||
19 | Meigs Field. The
audit shall include, but not be limited to, an | ||||||
20 | examination of revenues,
expenses, and transfers of funds; | ||||||
21 | purchasing and contracting policies and
practices; staffing | ||||||
22 | levels; and hiring practices and procedures. When
completed, | ||||||
23 | the audit required by this paragraph shall be distributed in
| ||||||
24 | accordance with Section 3-14.
| ||||||
25 | The Auditor General shall conduct a financial and | ||||||
26 | compliance and program
audit of distributions from the | ||||||
27 | Municipal Economic Development Fund
during the immediately | ||||||
28 | preceding calendar year pursuant to Section 8-403.1 of
the | ||||||
29 | Public Utilities Act at no cost to the city, village, or | ||||||
30 | incorporated town
that received the distributions.
| ||||||
31 | The Auditor General must conduct an audit of the Health | ||||||
32 | Facilities Planning
Board pursuant to Section 19.5 of the | ||||||
33 | Illinois Health Facilities Planning
Act.
| ||||||
34 | The Auditor General of the State of Illinois shall annually | ||||||
35 | conduct or
cause to be conducted a financial and compliance | ||||||
36 | audit of the books and records
of any county water commission |
| |||||||
| |||||||
1 | organized pursuant to the Water Commission Act
of 1985 and | ||||||
2 | shall file a copy of the report of that audit with the Governor | ||||||
3 | and
the Legislative Audit Commission. The filed audit shall be | ||||||
4 | open to the public
for inspection. The cost of the audit shall | ||||||
5 | be charged to the county water
commission in accordance with | ||||||
6 | Section 6z-27 of the State Finance Act. The
county water | ||||||
7 | commission shall make available to the Auditor General its | ||||||
8 | books
and records and any other documentation, whether in the | ||||||
9 | possession of its
trustees or other parties, necessary to | ||||||
10 | conduct the audit required. These
audit requirements apply only | ||||||
11 | through July 1, 2007.
| ||||||
12 | The Auditor General must conduct audits of the Rend Lake | ||||||
13 | Conservancy
District as provided in Section 25.5 of the River | ||||||
14 | Conservancy Districts Act.
| ||||||
15 | The Auditor General must conduct a financial audit in | ||||||
16 | accordance with Section 40 of the Department of Education Act.
| ||||||
17 | (Source: P.A. 93-226, eff. 7-22-03; 93-259, eff. 7-22-03; | ||||||
18 | 93-275, eff.
7-22-03; revised 8-25-03.)
| ||||||
19 | Section 90. The Illinois Pension Code is amended by | ||||||
20 | changing Sections 16-106, 16-163, and 16-164 as follows:
| ||||||
21 | (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
| ||||||
22 | Sec. 16-106. Teacher. "Teacher": The following | ||||||
23 | individuals, provided
that, for employment prior to July 1, | ||||||
24 | 1990, they are employed on a
full-time basis, or if not | ||||||
25 | full-time, on a permanent and continuous basis
in a position in | ||||||
26 | which services are expected to be rendered for at least
one | ||||||
27 | school term:
| ||||||
28 | (1) Any educational, administrative, professional or | ||||||
29 | other staff employed
in the public common schools included | ||||||
30 | within this system in a position
requiring certification | ||||||
31 | under the law governing the certification of
teachers;
| ||||||
32 | (2) Any educational, administrative, professional or | ||||||
33 | other staff employed
in any facility of the Department of | ||||||
34 | Children and Family Services or the
Department of Human |
| |||||||
| |||||||
1 | Services, in a position requiring certification under
the | ||||||
2 | law governing the certification of teachers, and any person | ||||||
3 | who (i)
works in such a position for the Department of | ||||||
4 | Corrections, (ii) was a member
of this System on May 31, | ||||||
5 | 1987, and (iii) did not elect to become a member of
the | ||||||
6 | State Employees' Retirement System pursuant to Section | ||||||
7 | 14-108.2 of this
Code; except that "teacher" does not | ||||||
8 | include any person who (A) becomes
a security employee of | ||||||
9 | the Department of Human Services, as defined in
Section | ||||||
10 | 14-110, after June 28, 2001 (the effective date of Public | ||||||
11 | Act
92-14), or (B) becomes a member of the State Employees'
| ||||||
12 | Retirement System pursuant to Section 14-108.2c of this | ||||||
13 | Code;
| ||||||
14 | (3) Any regional superintendent of schools ; any ,
| ||||||
15 | assistant regional
superintendent of schools ; the ,
State | ||||||
16 | Superintendent of Education in office on June 30, 2005 or | ||||||
17 | who is appointed by the State Board of Education on or | ||||||
18 | after July 1, 2005 ; the Secretary of Education; any person
| ||||||
19 | employed by the State Board of Education as an executive on | ||||||
20 | June 30, 2005 or who is transferred to the Department of | ||||||
21 | Education as an executive on or after July 1, 2005 ; any | ||||||
22 | person employed by the Department of Education as an | ||||||
23 | executive on or after July 1, 2005; any executive of
the | ||||||
24 | boards engaged in the service of public common school | ||||||
25 | education in
school districts covered under this system of | ||||||
26 | which the State
Superintendent of Education (or Secretary | ||||||
27 | of Education beginning on July 1, 2005) is an ex-officio | ||||||
28 | member if the executive is in office on or after June 30, | ||||||
29 | 2005 ;
| ||||||
30 | (4) Any employee of a school board association | ||||||
31 | operating in compliance
with Article 23 of the School Code | ||||||
32 | who is certificated under the law
governing the | ||||||
33 | certification of teachers;
| ||||||
34 | (5) Any person employed by the retirement system
who:
| ||||||
35 | (i) was an employee of and a participant in the | ||||||
36 | system on August 17,
2001 (the effective date of Public |
| |||||||
| |||||||
1 | Act 92-416), or
| ||||||
2 | (ii) becomes an employee of the system on or after | ||||||
3 | August 17, 2001;
| ||||||
4 | (6) Any educational, administrative, professional or | ||||||
5 | other staff
employed by and under the supervision and | ||||||
6 | control of a regional
superintendent of schools, provided | ||||||
7 | such employment position requires the
person to be | ||||||
8 | certificated under the law governing the certification of
| ||||||
9 | teachers and is in an educational program serving 2 or more | ||||||
10 | districts in
accordance with a joint agreement authorized | ||||||
11 | by the School Code or by federal
legislation;
| ||||||
12 | (7) Any educational, administrative, professional or | ||||||
13 | other staff employed
in an educational program serving 2 or | ||||||
14 | more school districts in accordance
with a joint agreement | ||||||
15 | authorized by the School Code or by federal
legislation and | ||||||
16 | in a position requiring certification under the laws
| ||||||
17 | governing the certification of teachers;
| ||||||
18 | (8) Any officer or employee of a statewide teacher | ||||||
19 | organization or
officer of a national teacher organization | ||||||
20 | who is certified under the law
governing certification of | ||||||
21 | teachers, provided: (i) the individual had
previously | ||||||
22 | established creditable service under this Article, (ii) | ||||||
23 | the
individual files with the system an irrevocable | ||||||
24 | election to become a member,
and (iii) the individual does | ||||||
25 | not receive credit for such service under any
other Article | ||||||
26 | of this Code;
| ||||||
27 | (9) Any educational, administrative, professional, or | ||||||
28 | other staff
employed in a charter school operating in | ||||||
29 | compliance with the Charter
Schools Law who is certificated | ||||||
30 | under the law governing the certification
of teachers.
| ||||||
31 | An annuitant receiving a retirement annuity under this | ||||||
32 | Article or under
Article 17 of this Code who is employed by a | ||||||
33 | board of education
or other employer as permitted under Section | ||||||
34 | 16-118
or 16-150.1 is not a "teacher" for purposes of this | ||||||
35 | Article. A person who
has received a single-sum retirement | ||||||
36 | benefit under Section 16-136.4 of this
Article is not a |
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| |||||||
1 | "teacher" for purposes of this Article.
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2 | (Source: P.A. 92-14, eff. 6-28-01; 92-416, eff. 8-17-01;
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3 | 92-651, eff. 7-11-02; 93-320, eff. 7-23-03.)
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4 | (40 ILCS 5/16-163) (from Ch. 108 1/2, par. 16-163)
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5 | Sec. 16-163. Board created. A board of 11 members | ||||||
6 | constitutes a
board of trustees authorized to carry out the | ||||||
7 | provisions of this Article and is
responsible for the general | ||||||
8 | administration of the System. The board is known
as the Board | ||||||
9 | of Trustees of the Teachers' Retirement System of the State of
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10 | Illinois. The board is composed of the Superintendent of | ||||||
11 | Education, ex
officio, who shall be the president of the board;
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12 | 5
4 persons,
not members of the System, to be appointed by the | ||||||
13 | Governor (with one designated by the Governor to be president | ||||||
14 | of the board) , who shall hold no
elected State office; 4 | ||||||
15 | teachers, as defined in Section 16-106, elected by the
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16 | contributing members; and 2 annuitant members
elected by the | ||||||
17 | annuitants of the System, as provided in Section 16-165.
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18 | (Source: P.A. 90-511, eff. 8-22-97; 91-941, eff. 2-6-01.)
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19 | (40 ILCS 5/16-164) (from Ch. 108 1/2, par. 16-164)
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20 | Sec. 16-164. Board - appointed members - vacancies. Terms | ||||||
21 | of office for
4 of the appointed members shall begin on July 15 | ||||||
22 | of an even-numbered year.
The Governor shall appoint 2 of these | ||||||
23 | 4 members as trustees in each even-numbered year
who shall hold | ||||||
24 | office for a term of 4 years. The term of office for the 5th | ||||||
25 | appointed member shall begin on July 1 of an odd-numbered year, | ||||||
26 | and he or she shall hold office for a term of 4 years. Each such | ||||||
27 | appointee shall reside in and be
a taxpayer in the territory | ||||||
28 | covered by this system, shall be interested
in public school | ||||||
29 | welfare, and experienced and competent in financial and
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30 | business management. A vacancy in the term of an appointed
| ||||||
31 | trustee shall be filled for the unexpired term by appointment | ||||||
32 | of the
Governor.
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33 | (Source: P.A. 83-1440.)
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1 | Section 95. The School Code is amended by changing the | ||||||
2 | heading of Article 1A, by adding Section 1A-0.01, and by | ||||||
3 | changing Section 1A-4 as follows:
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4 | (105 ILCS 5/Art. 1A heading) | ||||||
5 | ARTICLE 1A. DEPARTMENT OF EDUCATION AND STATE BOARD OF | ||||||
6 | EDUCATION
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7 | (105 ILCS 5/1A-0.01 new)
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8 | Sec. 1A-0.01. Transition team; references to former State | ||||||
9 | Board of Education and State Superintendent of Education.
| ||||||
10 | (a) A transition team designated by the Governor must | ||||||
11 | commence negotiations on or before May 1, 2005 with the | ||||||
12 | exclusive bargaining representatives for personnel of the | ||||||
13 | State Board of Education for collective bargaining agreements | ||||||
14 | between the bargaining representatives and the Department of | ||||||
15 | Education, to be effective beginning on July 1, 2005. The | ||||||
16 | negotiations shall be conducted in accordance with the | ||||||
17 | provisions of the Illinois Educational Labor Relations Act.
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18 | (b) Beginning on July 1, 2004 and until the transition from | ||||||
19 | the State Board of Education to the Department of Education is | ||||||
20 | completed, the State Board of Education and the chief education | ||||||
21 | officer must consult with the transition team regarding and | ||||||
22 | make available to the transition team all proposed federal and | ||||||
23 | State grant expenditures, rules, proposals, all employee | ||||||
24 | hires, transfers, or dismissals, bargaining unit contract | ||||||
25 | changes, budget recommendations, policy or program changes, | ||||||
26 | agency operation changes, chief education officer contract | ||||||
27 | changes, State Board of Education meeting agendas and | ||||||
28 | schedules, and documents for public distribution.
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29 | (c) Except for references in this Section and Sections | ||||||
30 | 1A-1, 1A-2, 1A-2.1, and 1A-4, beginning on July 1, 2005, | ||||||
31 | references in this Code to the State Board of Education or | ||||||
32 | State Superintendent of Education shall, in appropriate | ||||||
33 | contexts, be deemed to refer to the Department of Education. |
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1 | (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
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2 | Sec. 1A-4. Powers and duties of the Board and Department .
| ||||||
3 | A.
Upon the appointment of new State Board of Education
| ||||||
4 | Board members as provided in
subsection (b)
of
Section 1A-1 and | ||||||
5 | every 2 years thereafter, the chairperson of the Board shall
be | ||||||
6 | selected by the
Governor, with the advice and consent of the | ||||||
7 | Senate, from the membership of the
Board to serve as | ||||||
8 | chairperson for 2 years.
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9 | Five members of the State Board of Education shall | ||||||
10 | constitute a quorum. A
majority
vote of the members appointed, | ||||||
11 | confirmed, and serving on the Board is
required to approve any | ||||||
12 | action.
| ||||||
13 | B.
The State Board of Education
Board shall determine the | ||||||
14 | qualifications of and
appoint a
chief education officer to be | ||||||
15 | known as the State Superintendent of
Education who shall serve | ||||||
16 | at the pleasure of the Board and pursuant to a
| ||||||
17 | performance-based contract linked to statewide student | ||||||
18 | performance and academic
improvement within Illinois schools . | ||||||
19 | No performance-based
contract issued for the employment of the | ||||||
20 | State Superintendent of
Education shall be for a term longer | ||||||
21 | than 3 years and no contract
shall be
extended or renewed prior | ||||||
22 | to its scheduled expiration unless the performance
and | ||||||
23 | improvement goals contained in the contract have been met. The | ||||||
24 | State
Superintendent of Education shall not serve as a member | ||||||
25 | of the State
Board of Education , but . The Board shall set the | ||||||
26 | compensation of the State
Superintendent of Education who shall | ||||||
27 | serve as the Board's chief
executive officer. The State | ||||||
28 | Superintendent of Education shall receive an annual salary as | ||||||
29 | set by the Governor from time to time or as set by the | ||||||
30 | Compensation Review Board, whichever is greater.
The Board | ||||||
31 | shall also establish the duties, powers and
responsibilities of | ||||||
32 | the State Superintendent, which shall be included in the
State | ||||||
33 | Superintendent's performance-based contract along with the | ||||||
34 | goals and
indicators of student performance and academic | ||||||
35 | improvement used to measure the
performance and effectiveness | ||||||
36 | of the State Superintendent .
The State Board of Education may |
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1 | delegate
to the State Superintendent of Education the authority | ||||||
2 | to act on the Board's
behalf, provided such delegation is made | ||||||
3 | pursuant to adopted board policy
or the powers delegated are | ||||||
4 | ministerial in nature. The State Board may
not delegate | ||||||
5 | authority under this Section to the State Superintendent to
(1) | ||||||
6 | nonrecognize school districts, (2) withhold State payments as a | ||||||
7 | penalty,
or (3) make final decisions under the contested case | ||||||
8 | provisions of the Illinois
Administrative Procedure Act unless | ||||||
9 | otherwise provided by law.
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10 | The State Board of Education's powers and duties are | ||||||
11 | limited by law, as provided in Section 2 of Article X of the | ||||||
12 | Illinois Constitution, to only the following: | ||||||
13 | (1) The State Board of Education shall research current | ||||||
14 | educational best practices and policies and shall report | ||||||
15 | its findings to the Department of Education. | ||||||
16 | (2) The State Board of Education shall provide | ||||||
17 | suggestions to the Department of Education as to the | ||||||
18 | long-range implications of the practices and policies. | ||||||
19 | (3) The State Board of Education shall consult with the | ||||||
20 | Department of Education on all matters related to | ||||||
21 | education-related topics.
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22 | C. The powers and duties of the Department
State Board of | ||||||
23 | Education shall encompass all
duties delegated to the Office of | ||||||
24 | Superintendent of Public Instruction on
January 12, 1975, | ||||||
25 | except as the law providing for such powers and duties is
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26 | thereafter amended, and such other powers and duties as the | ||||||
27 | General Assembly
shall designate. The Department
Board shall be | ||||||
28 | responsible for the educational policies
and guidelines for | ||||||
29 | public schools, pre-school through grade
12 and Vocational | ||||||
30 | Education in the State of Illinois. The Department
Board shall
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31 | analyze the present and future aims, needs, and requirements of
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32 | education in the State of Illinois and recommend to the General | ||||||
33 | Assembly
the powers which should be exercised by the Department
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34 | Board . The Department
Board shall
recommend the passage and the | ||||||
35 | legislation necessary to determine the
appropriate | ||||||
36 | relationship between the Department
Board and local boards of |
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1 | education
and the various State agencies and shall recommend | ||||||
2 | desirable
modifications in the laws which affect schools.
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3 | D. Two employees
members of the Department of Education
| ||||||
4 | Board shall be appointed by the Secretary of Education
| ||||||
5 | chairperson
to serve on a standing joint Education Committee, 2 | ||||||
6 | others shall be
appointed from the Board of Higher Education, 2
| ||||||
7 | others shall be appointed by the chairperson of the
Illinois | ||||||
8 | Community College Board, and 2 others shall be appointed by the
| ||||||
9 | chairperson of the Human Resource Investment Council. The
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10 | Committee shall be
responsible for making recommendations | ||||||
11 | concerning the submission of any
workforce development plan or | ||||||
12 | workforce training program required by federal
law or under any | ||||||
13 | block grant authority. The Committee will be
responsible for | ||||||
14 | developing policy on matters of mutual concern to
elementary, | ||||||
15 | secondary and higher education such as Occupational and
Career | ||||||
16 | Education, Teacher Preparation and Certification, Educational
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17 | Finance, Articulation between Elementary, Secondary and Higher | ||||||
18 | Education
and Research and Planning. The joint Education | ||||||
19 | Committee shall meet at
least quarterly and submit an annual | ||||||
20 | report of its findings,
conclusions, and recommendations to the | ||||||
21 | Department
State Board of Education, the Board of
Higher | ||||||
22 | Education, the Illinois Community College Board,
the Human | ||||||
23 | Resource Investment Council, the Governor, and the
General
| ||||||
24 | Assembly. All meetings of this Committee shall be official | ||||||
25 | meetings for
reimbursement under this Act.
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26 | E. Five members of the Board shall constitute a quorum. A
| ||||||
27 | majority
vote of the members appointed, confirmed and serving | ||||||
28 | on the Board is
required to approve any action.
The Department | ||||||
29 | of Education shall prepare and submit to the General Assembly | ||||||
30 | and the Governor on or before January 14, 2006 an interim | ||||||
31 | report on the status of the transition from the State Board of | ||||||
32 | Education to the Department of Education. The Department of | ||||||
33 | Education
Board shall prepare and submit to the General | ||||||
34 | Assembly and the
Governor on or before January 14, 2007
1976
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35 | and annually thereafter a report
or reports of its findings and | ||||||
36 | recommendations. Such annual report shall
contain a separate |
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1 | section which provides a critique and analysis of the
status of | ||||||
2 | education in Illinois and which identifies its specific | ||||||
3 | problems
and recommends express solutions therefor.
Such | ||||||
4 | annual report also shall contain the following information for | ||||||
5 | the
preceding year ending on June 30: each act or omission of a | ||||||
6 | school district
of which the Department
State Board of | ||||||
7 | Education has knowledge as a consequence of
scheduled, approved | ||||||
8 | visits and which constituted a
failure by the district to | ||||||
9 | comply with applicable State or federal laws or
regulations | ||||||
10 | relating to public education, the name of such district, the | ||||||
11 | date
or dates on which the Department
State Board of Education | ||||||
12 | notified the school district of
such act or omission, and what | ||||||
13 | action, if any, the school district took with
respect thereto | ||||||
14 | after being notified thereof by the Department
State Board of | ||||||
15 | Education.
The report shall also include the statewide high | ||||||
16 | school dropout rate by
grade level, sex and race and the annual | ||||||
17 | student dropout rate of and the
number of students who graduate | ||||||
18 | from, transfer from or otherwise leave
bilingual programs. The | ||||||
19 | Auditor General shall annually perform a
compliance audit of | ||||||
20 | the Department
State Board of Education's performance of the
| ||||||
21 | reporting duty imposed by this amendatory Act of 1986. A | ||||||
22 | regular system of
communication with other directly related | ||||||
23 | State agencies shall be
implemented.
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24 | The requirement for reporting to the General Assembly shall | ||||||
25 | be satisfied
by filing copies of the report with the Speaker, | ||||||
26 | the Minority Leader and
the Clerk of the House of | ||||||
27 | Representatives and the President, the Minority
Leader and the | ||||||
28 | Secretary of the Senate and the Legislative Council, as | ||||||
29 | required
by Section 3.1 of the General
Assembly Organization | ||||||
30 | Act, and
filing such additional
copies with the State | ||||||
31 | Government Report Distribution Center for the General
Assembly | ||||||
32 | as is required under paragraph (t) of Section 7 of the State | ||||||
33 | Library
Act.
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34 | (Source: P.A. 89-430, eff. 12-15-95; 89-610, eff. 8-6-96; | ||||||
35 | 89-698, eff.
1-14-97; 90-548, eff. 1-1-98.)
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1 | Section 97. Severability. The provisions of this Act are | ||||||
2 | severable under Section 1.31 of the Statute on Statutes.
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3 | Section 99. Effective date. This Section and the provisions | ||||||
4 | adding Section 1A-0.01 of the School Code take effect on July | ||||||
5 | 1, 2004. The rest of this Act takes effect on July 1, 2005. |