Full Text of HB4232 95th General Assembly
HB4232ham001 95TH GENERAL ASSEMBLY
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Elementary & Secondary Education Committee
Filed: 3/5/2008
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| AMENDMENT TO HOUSE BILL 4232
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| AMENDMENT NO. ______. Amend House Bill 4232 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 3. The Governor's Office of Management and Budget | 5 |
| Act is amended by changing Section 6 as follows:
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| (20 ILCS 3005/6) (from Ch. 127, par. 416)
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| Sec. 6. In performing its responsibility under Section 2.1, | 8 |
| to assist the
Governor in submitting a recommended budget, the | 9 |
| Office shall:
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| (a) Distribute to all state agencies the proper blanks | 11 |
| necessary to the
preparation of budget estimates, which blanks | 12 |
| shall be in such form as
shall be prescribed by the Director, | 13 |
| to procure, among other things,
information as to the revenues | 14 |
| and expenditures for the preceding fiscal
year, the | 15 |
| appropriations made by the General Assembly for the preceding
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| fiscal year, the expenditures therefrom, obligations incurred |
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| thereon, and
the amounts unobligated and unexpended, an | 2 |
| estimate of the revenues and
expenditures of the current fiscal | 3 |
| year, and an estimate of the revenues
and amounts needed for | 4 |
| the respective departments and offices for the next
succeeding | 5 |
| fiscal year.
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| (b) Require from each state agency its estimate of receipts | 7 |
| and
expenditures for the succeeding fiscal year, accompanied by | 8 |
| a statement in
writing giving facts and explanation of reasons | 9 |
| for each item of
expenditure requested. Anything submitted by | 10 |
| the State Board of Education to the Governor or the Governor's | 11 |
| Office of Management and Budget under this Act must also be | 12 |
| submitted simultaneously to the General Assembly by filing a | 13 |
| copy with the Secretary of the Senate and the Clerk of the | 14 |
| House of Representatives.
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| (c) Make, at the discretion of the Director, further | 16 |
| inquiries and
investigations as to any item desired.
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| (d) Approve, disapprove or alter the estimates.
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| (Source: P.A. 93-25, eff. 6-20-03.)
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| Section 5. The School Code is amended by changing
Sections | 20 |
| 1A-1, 1A-2, 1A-2.1, and 1A-4 and by adding Sections 1A-12 and | 21 |
| 1A-13 as follows:
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| (105 ILCS 5/1A-1) (from Ch. 122, par. 1A-1)
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| Sec. 1A-1. Members and terms.
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| (a) (Blank).
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| (a-5) In this Section, "ex parte communication" means any | 2 |
| written or oral communication by any person that imparts or | 3 |
| requests material information or makes a material argument | 4 |
| regarding potential action concerning regulatory, quasi | 5 |
| regulatory, investment, or licensing matters pending before or | 6 |
| under consideration by the State Board of Education. "Ex parte | 7 |
| communication" does not include (i) statements by a person | 8 |
| publicly made in a public forum, (ii) statements regarding | 9 |
| matters of procedure and practice, such as format, the number | 10 |
| of copies required, the manner of filing, and the status of a | 11 |
| matter, and (iii) statements made by an employee of the State | 12 |
| Board of Education to the agency head of the State Board of | 13 |
| Education or to other employees of the State Board of | 14 |
| Education. | 15 |
| (a-10) The term of each member of the State Board of | 16 |
| Education who is in
office on the effective date of this | 17 |
| amendatory Act of the 95th General Assembly shall terminate | 18 |
| when all of the new members initially to be appointed under | 19 |
| this amendatory Act of the 95th General
Assembly have taken | 20 |
| office. Persons whose terms are terminated under this | 21 |
| subsection (a-10) may be reappointed to serve on the State | 22 |
| Board of Education under subsection (b) of this Section. | 23 |
| (b) The State Board of
Education shall consist of 8
members | 24 |
| and a chairperson, who shall be appointed , with the advice and | 25 |
| consent of the Senate, by the
Governor with the assistance of a | 26 |
| Nomination Panel or by a Nomination Panel if the Governor does |
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| not act within the 30 days allotted, as provided in subsection | 2 |
| (c-5) of this Section, with the advice and consent
of the | 3 |
| Senate from a pattern of regional representation as follows: 2
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| appointees shall be selected from among those counties of the | 5 |
| State other
than Cook County and the 5 counties contiguous to | 6 |
| Cook County; 2 appointees shall be selected from
Cook County, | 7 |
| one of whom shall be a resident of the City of
Chicago and one | 8 |
| of whom shall be a resident of that
part of Cook County
which | 9 |
| lies outside the city limits of Chicago; 2
appointees shall be
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| selected from among the 5 counties of the State that are | 11 |
| contiguous to Cook
County; and 3 members
shall be selected as | 12 |
| members-at-large (one of which shall be the chairperson). With | 13 |
| respect to these appointments, one member of the State Board of | 14 |
| Education must be a former school board member, one member must | 15 |
| be a former district superintendent, one member must be a | 16 |
| former teacher, and one member must have significant business | 17 |
| experience. The Governor who takes office on the second Monday | 18 |
| of January after his or her election shall be the person who | 19 |
| appoints nominates members to fill vacancies whose terms begin | 20 |
| after that date and before the term of the next Governor | 21 |
| begins . | 22 |
| The members of the State Board of Education initially | 23 |
| appointed under this amendatory Act of the 95th General | 24 |
| Assembly shall serve for the following terms: | 25 |
| (1) The member of the State Board of Education from | 26 |
| Cook County who is not a resident of the City of Chicago |
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| shall serve for a term that expires on the second Wednesday | 2 |
| of January, 2010 and until his or her successor is | 3 |
| appointed and has qualified. | 4 |
| (2) One of the members of the State Board of Education | 5 |
| from a county other than Cook County and the 5 counties | 6 |
| continuous to Cook County, as determined by lot, shall | 7 |
| serve for a term that expires on the second Wednesday of | 8 |
| January, 2010 and until his or her successor is appointed | 9 |
| and has qualified. | 10 |
| (3) One of the members-at-large who is not the | 11 |
| chairperson, as determined by lot, shall serve for a term | 12 |
| that expires on the second Wednesday of January, 2010 and | 13 |
| until his or her successor is appointed and has qualified. | 14 |
| (4) The member of the State Board of Education who is a | 15 |
| resident of the City of Chicago shall serve for a term that | 16 |
| expires on the second Wednesday of January, 2012 and until | 17 |
| his or her successor is appointed and has qualified. | 18 |
| (5) One of the members of the State Board of Education | 19 |
| from any one of the 5 counties of the State that are | 20 |
| contiguous to Cook County, as determined by lot, shall | 21 |
| serve for a term that expires on the second Wednesday of | 22 |
| January, 2012 and until his or her successor is appointed | 23 |
| and has qualified. | 24 |
| (6) The other member-at-large who is not the | 25 |
| chairperson shall serve for a term that expires on the | 26 |
| second Wednesday of January, 2012 and until his or her |
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| successor is appointed and has qualified. | 2 |
| (7) The other member of the State Board of Education | 3 |
| who is from a county other than Cook County and the 5 | 4 |
| counties continuous to Cook County shall serve for a term | 5 |
| that expires on the second Wednesday of January, 2014 and | 6 |
| until his or her successor is appointed and has qualified. | 7 |
| (8) The other member of the State Board of Education | 8 |
| who is from any one of the 5 counties of the State that are | 9 |
| contiguous to Cook County shall serve for a term that | 10 |
| expires on the second Wednesday of January, 2014 and until | 11 |
| his or her successor is appointed and has qualified. | 12 |
| (9) The member of the State Board of Education who is | 13 |
| the chairperson shall serve for a term that expires on the | 14 |
| second Wednesday of January, 2014 and until his or her | 15 |
| successor is appointed and has qualified. | 16 |
| The term of each member of the State Board of Education | 17 |
| whose term expires on January 12, 2005 shall instead terminate | 18 |
| on the effective date of this amendatory Act of the 93rd | 19 |
| General Assembly. Of these 3 seats, (i) the member initially | 20 |
| appointed pursuant to this amendatory Act of the 93rd General | 21 |
| Assembly whose seat was vacant on April 27, 2004 shall serve | 22 |
| until the second Wednesday of January, 2009 and (ii) the other | 23 |
| 2 members initially appointed pursuant to this amendatory Act | 24 |
| of the 93rd General Assembly shall serve until the second | 25 |
| Wednesday of January, 2007. | 26 |
| The term of the member of the State Board of Education |
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| whose seat was vacant on April 27, 2004 and whose term expires | 2 |
| on January 10, 2007 shall instead terminate on the effective | 3 |
| date of this amendatory Act of the 93rd General Assembly. The | 4 |
| member initially appointed pursuant to this amendatory Act of | 5 |
| the 93rd General Assembly to fill this seat shall be the | 6 |
| chairperson and shall serve until the second Wednesday of | 7 |
| January, 2007. | 8 |
| T he term of the member of the State Board of Education | 9 |
| whose seat was vacant on May 28, 2004 but after April 27, 2004 | 10 |
| and whose term expires on January 10, 2007 shall instead | 11 |
| terminate on the effective date of this amendatory Act of the | 12 |
| 93rd General Assembly. The member initially appointed pursuant | 13 |
| to this amendatory Act of the 93rd General Assembly to fill | 14 |
| this seat shall serve until the second Wednesday of January, | 15 |
| 2007.
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| The term of the other member of the State Board of | 17 |
| Education whose term expires on January 10, 2007 shall instead | 18 |
| terminate on the effective date of this amendatory Act of the | 19 |
| 93rd General Assembly. The member initially appointed pursuant | 20 |
| to this amendatory Act of the 93rd General Assembly to fill | 21 |
| this seat shall serve until the second Wednesday of January, | 22 |
| 2007. | 23 |
| The term of the member of the State Board of Education | 24 |
| whose term expires on January 14, 2009 and who was selected | 25 |
| from among the 5 counties of the State that are contiguous to | 26 |
| Cook County and is a resident of Lake County shall instead |
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| terminate on the effective date of this amendatory Act of the | 2 |
| 93rd General Assembly. The member initially appointed pursuant | 3 |
| to this amendatory Act of the 93rd General Assembly to fill | 4 |
| this seat shall serve until the second Wednesday of January, | 5 |
| 2009. | 6 |
| Upon expiration of the terms of the members initially | 7 |
| appointed
under this amendatory Act of the 95th 93rd General | 8 |
| Assembly and members whose terms were not terminated by this | 9 |
| amendatory Act of the 93rd General Assembly , their respective | 10 |
| successors shall be
appointed for terms of 6 4
years, from the | 11 |
| second Wednesday in January of each
odd
numbered year and until | 12 |
| their respective successors are appointed and
qualified. | 13 |
| (c) At Of the 4 members, excluding the chairperson, whose | 14 |
| terms expire on the second Wednesday of January, 2007 and every | 15 |
| 4 years thereafter, one of those members must be an at-large | 16 |
| member and at no time may more than 5 2 of those members of the | 17 |
| State Board of Education be from one political party. Of the 4 | 18 |
| members whose terms expire on the second Wednesday of January, | 19 |
| 2009 and every 4 years thereafter, one of those members must be | 20 |
| an at-large member and at no time may more than 2 of those | 21 |
| members be from one political party. Party membership is | 22 |
| defined as having voted in the primary of the party in the last | 23 |
| primary before appointment.
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| (c-5) The Nomination Panel is established to provide a list | 25 |
| of nominees to the Governor for appointment to the State Board | 26 |
| of Education. Members of the Nomination Panel must be appointed |
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| by majority vote of the following appointing authorities: the | 2 |
| Governor, the Attorney General, and the Secretary of State. | 3 |
| Each member of the Nomination Panel shall serve for a term that | 4 |
| expires on January 15 of each even-numbered year and until his | 5 |
| or her successor is appointed and has qualified. The appointing | 6 |
| authorities may hold as many public or non-public meetings as | 7 |
| is required to fulfill their duties and may utilize their | 8 |
| respective staff and budget in carrying out their duties, | 9 |
| provided that the final vote on appointees to the Nomination | 10 |
| Panel shall take place in a meeting governed by the Open | 11 |
| Meetings Act. Any ex parte communications regarding the | 12 |
| Nomination Panel must be made a part of the record at the next | 13 |
| public meeting and part of a written record. The appointing | 14 |
| authorities shall file a list of members of the Nomination | 15 |
| Panel with the Secretary of State within 30 days after the | 16 |
| effective date of this amendatory Act of the 95th General | 17 |
| Assembly. Thereafter, the appointing authorities shall file a | 18 |
| list of members of the Nomination Panel with the Secretary of | 19 |
| State within 30 days after January 15 of each even-numbered | 20 |
| year. Members of the Nomination Panel may be reappointed. A | 21 |
| vacancy on the Nomination Panel due to disqualification or | 22 |
| resignation must be filled within 30 days after the vacancy, | 23 |
| and the appointing authorities must file the name of the new | 24 |
| appointee with the Secretary of State. | 25 |
| The Nomination Panel shall consist of the following 7 | 26 |
| members: |
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| (1) Two members must be former district | 2 |
| superintendents. | 3 |
| (2) One member must be a former elementary school | 4 |
| teacher. | 5 |
| (3) One member must be a former secondary school | 6 |
| teacher. | 7 |
| (4) Two members must be former State legislators with | 8 |
| significant experience and involvement in the elementary | 9 |
| and secondary education appropriation process. | 10 |
| (5) One member must have at least 5 years of experience | 11 |
| with a nonprofit agency in this State that is committed to | 12 |
| education advocacy and has an interest in education reform. | 13 |
| The appointing authorities shall solicit recommendations | 14 |
| from the Illinois Education Association, the Illinois | 15 |
| Federation of Teachers, the Illinois Statewide School | 16 |
| Management Alliance, ED-RED, the Illinois Association of | 17 |
| Regional Superintendents of Schools, the Metropolitan Planning | 18 |
| Council, the Illinois PTA, the Civic Committee of the | 19 |
| Commercial Club of Chicago, Voices for Illinois Children, | 20 |
| Action for Children, the Legislative Education Network of | 21 |
| DuPage County (LEND), the South Cooperative Organization for | 22 |
| Public Education (SCOPE), A+ Illinois, the Ounce of Prevention | 23 |
| Fund, the Illinois Business Roundtable, and any other source | 24 |
| deemed appropriate.
Each member of the Nomination Panel shall | 25 |
| receive $300 for each day the Nomination Panel meets. | 26 |
| At no time may more than 4 members of the Nomination Panel |
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| be from one political party. Party membership is defined as | 2 |
| having voted in the primary of the party in the last primary | 3 |
| before appointment. | 4 |
| Candidates for nomination to the State Board of Education | 5 |
| may apply or be nominated. The Nomination Panel has 30 days | 6 |
| after it is established to accept applications and nominations. | 7 |
| All candidates must fill out a written application and submit | 8 |
| to a background investigation to be eligible for consideration. | 9 |
| The written application must include a sworn statement signed | 10 |
| by the candidate disclosing any communications relating to the | 11 |
| regulation of elementary and secondary education that the | 12 |
| applicant has engaged in within the last year with a | 13 |
| constitutional officer, a member of the General Assembly, an | 14 |
| officer or other employee of the executive branch of this | 15 |
| State, or an employee of the legislative branch of this State. | 16 |
| A person who provides false or misleading information on | 17 |
| the application or fails to disclose a communication required | 18 |
| to be disclosed in the sworn statement under this Section is | 19 |
| guilty of a Class 3 felony. | 20 |
| Once an application is submitted to the Nomination Panel | 21 |
| and until (i) the candidate is rejected by the Nomination | 22 |
| Panel, (ii) the candidate is rejected by the Governor, (iii) | 23 |
| the candidate is rejected by the Senate, or (iv) the candidate | 24 |
| is confirmed by the Senate, whichever is applicable, a | 25 |
| candidate may not engage in ex parte communications. | 26 |
| Within 60 days after the Nomination Panel is established, |
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| the Nomination Panel must review written applications, | 2 |
| determine eligibility for oral interviews, confirm | 3 |
| satisfactory background investigations, and hold public | 4 |
| hearings on qualifications of candidates. Initial interviews | 5 |
| of candidates need not be held in meetings subject to the Open | 6 |
| Meetings Act; members or staff may arrange for informal | 7 |
| interviews. Prior to recommendation, however, the Nomination | 8 |
| Panel must question candidates under oath in a meeting subject | 9 |
| to the Open Meetings Act. | 10 |
| The Nomination Panel must recommend 27 nominees for | 11 |
| appointment to the State Board of Education within 60 days | 12 |
| after the Nomination Panel is established. The Governor may | 13 |
| choose only from these nominations. The Nomination Panel shall | 14 |
| deliver a list of the nominees, including a memorandum | 15 |
| detailing the nominees' qualifications, to the Governor. After | 16 |
| submitting the list to the Governor, the Nomination Panel shall | 17 |
| file a copy along with a statement confirming delivery of the | 18 |
| list and memorandum to the Governor with the Secretary of | 19 |
| State. The Secretary of State shall indicate the date and time | 20 |
| of filing. | 21 |
| After reviewing the nominations, the Governor may select 9 | 22 |
| nominees, including the chairperson, for appointment to the | 23 |
| State Board of Education, to be confirmed by the Senate. The | 24 |
| Governor shall file the names of his or her appointments with | 25 |
| the Senate and the Secretary of State. The Secretary of State | 26 |
| shall indicate the date and time of filing. |
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| The Governor has 30 days from the date the Nomination Panel | 2 |
| files its list of nominees with the Secretary of State to make | 3 |
| appointments to be confirmed by the Senate. If the Governor | 4 |
| does not select all appointees within this 30 days, the | 5 |
| Nomination Panel may appoint those members not yet selected for | 6 |
| appointment by the Governor. The Nomination Panel shall file | 7 |
| the names of its appointments with the Senate and the Secretary | 8 |
| of State. The Secretary of State shall indicate the date and | 9 |
| time of filing. | 10 |
| Appointments by the Governor or Nomination Panel must be | 11 |
| confirmed by the Senate by two-thirds of its members by record | 12 |
| vote. Any appointment not acted upon within 30 calendar days | 13 |
| after the date of filing the names of appointments with the | 14 |
| Secretary of State shall be deemed to have received the advice | 15 |
| and consent of the Senate. | 16 |
| (d) When a vacancy occurs on the State Board of Education, | 17 |
| the Nomination Panel shall accept applications and nominations | 18 |
| of candidates for 30 days from the date the vacancy occurred. | 19 |
| All candidates must fill out a written application and submit | 20 |
| to a background investigation to be eligible for consideration. | 21 |
| The written application must include a sworn statement signed | 22 |
| by the candidate disclosing any communications relating to the | 23 |
| regulation of elementary and secondary education that the | 24 |
| applicant has engaged in within the last year with a | 25 |
| constitutional officer, a member of the General Assembly, an | 26 |
| officer or other employee of the executive branch of this |
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| State, or an employee of the legislative branch of this State. | 2 |
| A person who provides false or misleading information on | 3 |
| the application or fails to disclose a communication required | 4 |
| to be disclosed in the sworn statement under this Section is | 5 |
| guilty of a Class 3 felony.
Once an application is submitted to | 6 |
| the Nomination Panel and until (i) the candidate is rejected by | 7 |
| the Nomination Panel, (ii) the candidate is rejected by the | 8 |
| Governor, (iii) the candidate is rejected by the Senate, or | 9 |
| (iv) the candidate is confirmed by the Senate, whichever is | 10 |
| applicable, a candidate may not engage in ex parte | 11 |
| communications. | 12 |
| The Nomination Panel must review written applications, | 13 |
| determine eligibility for oral interviews, confirm | 14 |
| satisfactory background investigations, and hold public | 15 |
| hearings on qualifications of candidates. Initial interviews | 16 |
| of candidates need not be held in meetings subject to the Open | 17 |
| Meetings Act; members or staff may arrange for informal | 18 |
| interviews. Prior to recommendation, however, the Nomination | 19 |
| Panel must question candidates under oath in a meeting subject | 20 |
| to the Open Meetings Act. | 21 |
| The Nomination Panel must nominate at least 3 candidates | 22 |
| for the vacancy within 60 days after that vacancy occurs. | 23 |
| Within 30 days after that, the Governor shall appoint one of | 24 |
| those nominees to fill the vacancy for the remainder of the | 25 |
| unexpired term. If the Governor does not fill the vacancy | 26 |
| within the 30 days, the Nomination Panel may make the |
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| appointment.
Vacancies shall be confirmed by the Senate in the | 2 |
| same manner as full-term appointments under subsection (c-5) of | 3 |
| this Section. Vacancies in terms shall be filled by appointment | 4 |
| by the
Governor with the advice and consent of the Senate for | 5 |
| the extent of the
unexpired term.
If a vacancy in membership | 6 |
| occurs at a time when the Senate is not in
session, the | 7 |
| Governor shall make a temporary appointment until the next | 8 |
| meeting
of the Senate, when the Governor shall appoint a person | 9 |
| to fill that membership
for the remainder of its term. If the | 10 |
| Senate is not in session when
appointments for a full term are | 11 |
| made, the appointments shall be made as in the
case of | 12 |
| vacancies.
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| (Source: P.A. 93-1036, eff. 9-14-04.)
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| (105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)
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| Sec. 1A-2. Qualifications.
The members of
the State Board | 16 |
| of Education
shall be citizens of the United States and
| 17 |
| residents of
the State of Illinois
and shall be selected as far | 18 |
| as may be practicable on the basis of their
knowledge of, or | 19 |
| interest and experience in, problems of public education.
No | 20 |
| member of the State Board of Education shall be gainfully | 21 |
| employed or
administratively connected with any school system, | 22 |
| nor have any interest in
or benefit from funds provided by the | 23 |
| State Board of Education to an
institution of higher
learning, | 24 |
| public or private, within Illinois, nor shall they be members
| 25 |
| of a school board or board of school trustees of a public or |
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| nonpublic school,
college, university or technical institution | 2 |
| within Illinois. No member
shall be appointed to more than 2 | 3 |
| full-year six year terms. Members shall
be reimbursed
for all | 4 |
| ordinary and necessary expenses incurred in performing their | 5 |
| duties
as members of the Board. Expenses shall be approved by | 6 |
| the Board and be
consistent with the laws, policies, and | 7 |
| requirements of the
State of Illinois regarding such | 8 |
| expenditures, plus any member may include
in his claim for | 9 |
| expenses $50 per day for meeting days.
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| (Source: P.A. 90-548, eff. 1-1-98.)
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| (105 ILCS 5/1A-2.1) (from Ch. 122, par. 1A-2.1)
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| Sec. 1A-2.1. Vacancies. In addition to the authority of the | 13 |
| Governor to remove a person from office under Section 10 of | 14 |
| Article V of the Constitution of the State of Illinois, the | 15 |
| State Board of Education The Governor may remove for | 16 |
| incompetence, neglect of duty, or malfeasance in office any | 17 |
| member of the State Board of Education by a two-thirds vote in | 18 |
| favor of removal . A vacancy also exists on the State Board of
| 19 |
| Education when one or more of the following events occur:
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| 1. A member dies.
| 21 |
| 2. A member files a written resignation with the Governor.
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| 3. A member is adjudicated to be a person under legal | 23 |
| disability under
the Probate Act of 1975 or
a person subject to | 24 |
| involuntary admission
under the Mental Health and | 25 |
| Developmental Disabilities Code.
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| 4. A member ceases to be a resident of the region from
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| which he or she was appointed.
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| 5. A member is convicted of an infamous crime or of any | 4 |
| offense
involving a violation of his or her duties under this | 5 |
| Code.
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| 6. A member fails to maintain the qualifications stated in | 7 |
| Section
1A-2 of this Code.
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| (Source: P.A. 93-1036, eff. 9-14-04.)
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| (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
| 10 |
| (Text of Section before amendment by P.A. 95-626 )
| 11 |
| Sec. 1A-4. Powers and duties of the Board.
| 12 |
| A. (Blank).
| 13 |
| B. The Board shall determine the qualifications of and | 14 |
| appoint a
chief education officer, to be known as the State | 15 |
| Superintendent of
Education, who may be proposed by the | 16 |
| Governor and who shall serve at the pleasure of the Board and | 17 |
| pursuant to a
performance-based contract linked to statewide | 18 |
| student performance and academic
improvement within Illinois | 19 |
| schools. Upon expiration or buyout of the contract of the State | 20 |
| Superintendent of Education in office on the effective date of | 21 |
| this amendatory Act of the 95th 93rd General Assembly, a new | 22 |
| State Superintendent of Education may shall be appointed by a | 23 |
| State Board of Education that consists of all of the new | 24 |
| members initially to be appointed under this amendatory Act of | 25 |
| the 95th General Assembly includes the 7 new Board members who |
|
|
|
09500HB4232ham001 |
- 18 - |
LRB095 15648 NHT 46675 a |
|
| 1 |
| were appointed to fill seats of members whose terms were | 2 |
| terminated on the effective date of this amendatory Act of the | 3 |
| 93rd General Assembly . Thereafter, a State Superintendent of | 4 |
| Education must, at a minimum, be appointed at the beginning of | 5 |
| each term of a Governor after that Governor has made | 6 |
| appointments to the Board. A performance-based
contract issued | 7 |
| for the employment of a State Superintendent of
Education must | 8 |
| be for 4 years. A entered into on or after the effective date | 9 |
| of this amendatory Act of the 93rd General Assembly must expire | 10 |
| no later than February 1, 2007, and subsequent contracts must | 11 |
| expire no later than February 1 each 4 years thereafter. No | 12 |
| contract
shall be
extended or renewed beyond February 1, 2007 | 13 |
| and February 1 each 4 years thereafter, but a State | 14 |
| Superintendent of Education shall serve until his or her | 15 |
| successor is appointed. Each contract entered into on or before | 16 |
| January 8, 2007 with a State Superintendent of Education must | 17 |
| provide that the State Board of Education may terminate the | 18 |
| contract for cause, and the State Board of Education shall not | 19 |
| thereafter be liable for further payments under the contract. | 20 |
| With regard to this amendatory Act of the 93rd General | 21 |
| Assembly, it is the intent of the General Assembly that, | 22 |
| beginning with the Governor who takes office on the second | 23 |
| Monday of January, 2007, a State Superintendent of Education be | 24 |
| appointed at the beginning of each term of a Governor after | 25 |
| that Governor has made appointments to the Board. The State
| 26 |
| Superintendent of Education shall not serve as a member of the |
|
|
|
09500HB4232ham001 |
- 19 - |
LRB095 15648 NHT 46675 a |
|
| 1 |
| State
Board of Education. The Board shall set the compensation | 2 |
| of the State
Superintendent of Education who shall serve as the | 3 |
| Board's chief
executive officer. The Board shall also establish | 4 |
| the duties, powers and
responsibilities of the State | 5 |
| Superintendent, which shall be included in the
State | 6 |
| Superintendent's performance-based contract along with the | 7 |
| goals and
indicators of student performance and academic | 8 |
| improvement used to measure the
performance and effectiveness | 9 |
| of the State Superintendent.
The State Board of Education may | 10 |
| delegate
to the State Superintendent of Education the authority | 11 |
| to act on the Board's
behalf, provided such delegation is made | 12 |
| pursuant to adopted board policy
or the powers delegated are | 13 |
| ministerial in nature. The State Board may
not delegate | 14 |
| authority under this Section to the State Superintendent to
(1) | 15 |
| nonrecognize school districts, (2) withhold State payments as a | 16 |
| penalty,
or (3) make final decisions under the contested case | 17 |
| provisions of the Illinois
Administrative Procedure Act unless | 18 |
| otherwise provided by law.
| 19 |
| C. The powers and duties of the State Board of Education | 20 |
| shall encompass all
duties delegated to the Office of | 21 |
| Superintendent of Public Instruction on
January 12, 1975, | 22 |
| except as the law providing for such powers and duties is
| 23 |
| thereafter amended, and such other powers and duties as the | 24 |
| General Assembly
shall designate. The Board shall be | 25 |
| responsible for the educational policies
and guidelines for | 26 |
| public schools, pre-school through grade
12 and Vocational |
|
|
|
09500HB4232ham001 |
- 20 - |
LRB095 15648 NHT 46675 a |
|
| 1 |
| Education in the State of Illinois. The Board shall
analyze the | 2 |
| present and future aims, needs, and requirements of
education | 3 |
| in the State of Illinois and recommend to the General Assembly
| 4 |
| the powers which should be exercised by the Board. Every year | 5 |
| the The Board shall
recommend the passage and the legislation | 6 |
| necessary to determine the
appropriate relationship between | 7 |
| the Board and local boards of education
and the various State | 8 |
| agencies and shall recommend desirable
modifications in the | 9 |
| laws which affect schools.
| 10 |
| D. Two members of the Board shall be appointed by the | 11 |
| chairperson
to serve on a standing joint Education Committee, 2 | 12 |
| others shall be
appointed from the Board of Higher Education, 2
| 13 |
| others shall be appointed by the chairperson of the
Illinois | 14 |
| Community College Board, and 2 others shall be appointed by the
| 15 |
| chairperson of the Human Resource Investment Council. The
| 16 |
| Committee shall be
responsible for making recommendations | 17 |
| concerning the submission of any
workforce development plan or | 18 |
| workforce training program required by federal
law or under any | 19 |
| block grant authority. The Committee will be
responsible for | 20 |
| developing policy on matters of mutual concern to
elementary, | 21 |
| secondary and higher education such as Occupational and
Career | 22 |
| Education, Teacher Preparation and Certification, Educational
| 23 |
| Finance, Articulation between Elementary, Secondary and Higher | 24 |
| Education
and Research and Planning. The joint Education | 25 |
| Committee shall meet at
least quarterly and submit an annual | 26 |
| report of its findings,
conclusions, and recommendations to the |
|
|
|
09500HB4232ham001 |
- 21 - |
LRB095 15648 NHT 46675 a |
|
| 1 |
| State Board of Education, the Board of
Higher Education, the | 2 |
| Illinois Community College Board,
the Human Resource | 3 |
| Investment Council, the Governor, and the
General
Assembly. All | 4 |
| meetings of this Committee shall be official meetings for
| 5 |
| reimbursement under this Act.
| 6 |
| E. Five members of the Board shall constitute a quorum. A
| 7 |
| majority
vote of the members appointed, confirmed and serving | 8 |
| on the Board is
required to approve any action , except that the | 9 |
| 7 new Board members who were appointed to fill seats of members | 10 |
| whose terms were terminated on the effective date of this | 11 |
| amendatory act of the 93rd General Assembly may vote to approve | 12 |
| actions when appointed and serving .
| 13 |
| E-5. The Board shall prepare and submit to the General | 14 |
| Assembly and the
Governor on or before January 14, 1976 and | 15 |
| annually thereafter a report
or reports of its findings and | 16 |
| recommendations. Such annual report shall
contain a separate | 17 |
| section which provides a critique and analysis of the
status of | 18 |
| education in Illinois and which identifies its specific | 19 |
| problems
and recommends express solutions therefor.
Such | 20 |
| annual report also shall contain the following information for | 21 |
| the
preceding year ending on June 30: each act or omission of a | 22 |
| school district
of which the State Board of Education has | 23 |
| knowledge as a consequence of
scheduled, approved visits and | 24 |
| which constituted a
failure by the district to comply with | 25 |
| applicable State or federal laws or
regulations relating to | 26 |
| public education, the name of such district, the date
or dates |
|
|
|
09500HB4232ham001 |
- 22 - |
LRB095 15648 NHT 46675 a |
|
| 1 |
| on which the State Board of Education notified the school | 2 |
| district of
such act or omission, and what action, if any, the | 3 |
| school district took with
respect thereto after being notified | 4 |
| thereof by the State Board of Education.
The report shall also | 5 |
| include the statewide high school dropout rate by
grade level, | 6 |
| sex and race and the annual student dropout rate of and the
| 7 |
| number of students who graduate from, transfer from or | 8 |
| otherwise leave
bilingual programs. The annual report shall | 9 |
| include any recommended legislation that the Board considers | 10 |
| appropriate for the educational needs of this State and how far | 11 |
| behind the federal government is on No Child Left Behind Act | 12 |
| funding for this State. The Auditor General shall annually | 13 |
| perform a
compliance audit of the State Board of Education's | 14 |
| performance of the
reporting duty imposed by this subsection | 15 |
| E-5 amendatory Act of 1986 . A regular system of
communication | 16 |
| with other directly related State agencies shall be
| 17 |
| implemented.
| 18 |
| The requirement for reporting to the General Assembly shall | 19 |
| be satisfied
by filing copies of the report with the Speaker, | 20 |
| the Minority Leader and
the Clerk of the House of | 21 |
| Representatives and the President, the Minority
Leader and the | 22 |
| Secretary of the Senate and the Legislative Council, as | 23 |
| required
by Section 3.1 of the General
Assembly Organization | 24 |
| Act, and
filing such additional
copies with the State | 25 |
| Government Report Distribution Center for the General
Assembly | 26 |
| as is required under paragraph (t) of Section 7 of the State |
|
|
|
09500HB4232ham001 |
- 23 - |
LRB095 15648 NHT 46675 a |
|
| 1 |
| Library
Act.
| 2 |
| F. Upon all of the new members initially to be appointed | 3 |
| under this amendatory Act of the 95th General Assembly taking | 4 |
| office appointment of the 7 new Board members who were | 5 |
| appointed to fill seats of members whose terms were terminated | 6 |
| on the effective date of this amendatory Act of the 93rd | 7 |
| General Assembly , the Board shall review all of its current | 8 |
| rules in an effort to streamline procedures, improve | 9 |
| efficiency, and eliminate unnecessary forms and paperwork.
| 10 |
| G. The Board shall provide the General Assembly with an | 11 |
| "ideal world" budget that shows what is needed to fully fund | 12 |
| everything. This budget must be filed with the Secretary of the | 13 |
| Senate and the Clerk of the House of Representatives at the | 14 |
| same time that the information required to be submitted to the | 15 |
| General Assembly under subdivision (b) of Section 6 of the | 16 |
| Governor's Office of Management and Budget Act is filed with | 17 |
| the Secretary of the Senate and the Clerk of the House of | 18 |
| Representatives. | 19 |
| (Source: P.A. 93-1036, eff. 9-14-04.)
| 20 |
| (Text of Section after amendment by P.A. 95-626 )
| 21 |
| Sec. 1A-4. Powers and duties of the Board.
| 22 |
| A. (Blank).
| 23 |
| B. The Board shall determine the qualifications of and | 24 |
| appoint a
chief education officer, to be known as the State | 25 |
| Superintendent of
Education, who may be proposed by the |
|
|
|
09500HB4232ham001 |
- 24 - |
LRB095 15648 NHT 46675 a |
|
| 1 |
| Governor and who shall serve at the pleasure of the Board and | 2 |
| pursuant to a
performance-based contract linked to statewide | 3 |
| student performance and academic
improvement within Illinois | 4 |
| schools. Upon expiration or buyout of the contract of the State | 5 |
| Superintendent of Education in office on the effective date of | 6 |
| this amendatory Act of the 95th 93rd General Assembly, a new | 7 |
| State Superintendent of Education may shall be appointed by a | 8 |
| State Board of Education that consists of all of the new | 9 |
| members initially to be appointed under this amendatory Act of | 10 |
| the 95th General Assembly includes the 7 new Board members who | 11 |
| were appointed to fill seats of members whose terms were | 12 |
| terminated on the effective date of this amendatory Act of the | 13 |
| 93rd General Assembly . Thereafter, a State Superintendent of | 14 |
| Education must, at a minimum, be appointed at the beginning of | 15 |
| each term of a Governor after that Governor has made | 16 |
| appointments to the Board. A performance-based
contract issued | 17 |
| for the employment of a State Superintendent of
Education must | 18 |
| be for 4 years. A entered into on or after the effective date | 19 |
| of this amendatory Act of the 93rd General Assembly must expire | 20 |
| no later than February 1, 2007, and subsequent contracts must | 21 |
| expire no later than February 1 each 4 years thereafter. No | 22 |
| contract
shall be
extended or renewed beyond February 1, 2007 | 23 |
| and February 1 each 4 years thereafter, but a State | 24 |
| Superintendent of Education shall serve until his or her | 25 |
| successor is appointed. Each contract entered into on or before | 26 |
| January 8, 2007 with a State Superintendent of Education must |
|
|
|
09500HB4232ham001 |
- 25 - |
LRB095 15648 NHT 46675 a |
|
| 1 |
| provide that the State Board of Education may terminate the | 2 |
| contract for cause, and the State Board of Education shall not | 3 |
| thereafter be liable for further payments under the contract. | 4 |
| With regard to this amendatory Act of the 93rd General | 5 |
| Assembly, it is the intent of the General Assembly that, | 6 |
| beginning with the Governor who takes office on the second | 7 |
| Monday of January, 2007, a State Superintendent of Education be | 8 |
| appointed at the beginning of each term of a Governor after | 9 |
| that Governor has made appointments to the Board. The State
| 10 |
| Superintendent of Education shall not serve as a member of the | 11 |
| State
Board of Education. The Board shall set the compensation | 12 |
| of the State
Superintendent of Education who shall serve as the | 13 |
| Board's chief
executive officer. The Board shall also establish | 14 |
| the duties, powers and
responsibilities of the State | 15 |
| Superintendent, which shall be included in the
State | 16 |
| Superintendent's performance-based contract along with the | 17 |
| goals and
indicators of student performance and academic | 18 |
| improvement used to measure the
performance and effectiveness | 19 |
| of the State Superintendent.
The State Board of Education may | 20 |
| delegate
to the State Superintendent of Education the authority | 21 |
| to act on the Board's
behalf, provided such delegation is made | 22 |
| pursuant to adopted board policy
or the powers delegated are | 23 |
| ministerial in nature. The State Board may
not delegate | 24 |
| authority under this Section to the State Superintendent to
(1) | 25 |
| nonrecognize school districts, (2) withhold State payments as a | 26 |
| penalty,
or (3) make final decisions under the contested case |
|
|
|
09500HB4232ham001 |
- 26 - |
LRB095 15648 NHT 46675 a |
|
| 1 |
| provisions of the Illinois
Administrative Procedure Act unless | 2 |
| otherwise provided by law.
| 3 |
| C. The powers and duties of the State Board of Education | 4 |
| shall encompass all
duties delegated to the Office of | 5 |
| Superintendent of Public Instruction on
January 12, 1975, | 6 |
| except as the law providing for such powers and duties is
| 7 |
| thereafter amended, and such other powers and duties as the | 8 |
| General Assembly
shall designate. The Board shall be | 9 |
| responsible for the educational policies
and guidelines for | 10 |
| public schools, pre-school through grade
12 and Vocational | 11 |
| Education in the State of Illinois. The Board shall
analyze the | 12 |
| present and future aims, needs, and requirements of
education | 13 |
| in the State of Illinois and recommend to the General Assembly
| 14 |
| the powers which should be exercised by the Board. Every year, | 15 |
| the The Board shall
recommend the passage and the legislation | 16 |
| necessary to determine the
appropriate relationship between | 17 |
| the Board and local boards of education
and the various State | 18 |
| agencies and shall recommend desirable
modifications in the | 19 |
| laws which affect schools.
| 20 |
| D. Two members of the Board shall be appointed by the | 21 |
| chairperson
to serve on a standing joint Education Committee, 2 | 22 |
| others shall be
appointed from the Board of Higher Education, 2
| 23 |
| others shall be appointed by the chairperson of the
Illinois | 24 |
| Community College Board, and 2 others shall be appointed by the
| 25 |
| chairperson of the Human Resource Investment Council. The
| 26 |
| Committee shall be
responsible for making recommendations |
|
|
|
09500HB4232ham001 |
- 27 - |
LRB095 15648 NHT 46675 a |
|
| 1 |
| concerning the submission of any
workforce development plan or | 2 |
| workforce training program required by federal
law or under any | 3 |
| block grant authority. The Committee will be
responsible for | 4 |
| developing policy on matters of mutual concern to
elementary, | 5 |
| secondary and higher education such as Occupational and
Career | 6 |
| Education, Teacher Preparation and Certification, Educational
| 7 |
| Finance, Articulation between Elementary, Secondary and Higher | 8 |
| Education
and Research and Planning. The joint Education | 9 |
| Committee shall meet at
least quarterly and submit an annual | 10 |
| report of its findings,
conclusions, and recommendations to the | 11 |
| State Board of Education, the Board of
Higher Education, the | 12 |
| Illinois Community College Board,
the Human Resource | 13 |
| Investment Council, the Governor, and the
General
Assembly. All | 14 |
| meetings of this Committee shall be official meetings for
| 15 |
| reimbursement under this Act. On the effective date of this | 16 |
| amendatory Act of the 95th General Assembly, the Joint | 17 |
| Education Committee is abolished.
| 18 |
| E. Five members of the Board shall constitute a quorum. A
| 19 |
| majority
vote of the members appointed, confirmed and serving | 20 |
| on the Board is
required to approve any action , except that the | 21 |
| 7 new Board members who were appointed to fill seats of members | 22 |
| whose terms were terminated on the effective date of this | 23 |
| amendatory act of the 93rd General Assembly may vote to approve | 24 |
| actions when appointed and serving .
| 25 |
| E-5. The Board shall prepare and submit to the General | 26 |
| Assembly and the
Governor on or before January 14, 1976 and |
|
|
|
09500HB4232ham001 |
- 28 - |
LRB095 15648 NHT 46675 a |
|
| 1 |
| annually thereafter a report
or reports of its findings and | 2 |
| recommendations. Such annual report shall
contain a separate | 3 |
| section which provides a critique and analysis of the
status of | 4 |
| education in Illinois and which identifies its specific | 5 |
| problems
and recommends express solutions therefor.
Such | 6 |
| annual report also shall contain the following information for | 7 |
| the
preceding year ending on June 30: each act or omission of a | 8 |
| school district
of which the State Board of Education has | 9 |
| knowledge as a consequence of
scheduled, approved visits and | 10 |
| which constituted a
failure by the district to comply with | 11 |
| applicable State or federal laws or
regulations relating to | 12 |
| public education, the name of such district, the date
or dates | 13 |
| on which the State Board of Education notified the school | 14 |
| district of
such act or omission, and what action, if any, the | 15 |
| school district took with
respect thereto after being notified | 16 |
| thereof by the State Board of Education.
The report shall also | 17 |
| include the statewide high school dropout rate by
grade level, | 18 |
| sex and race and the annual student dropout rate of and the
| 19 |
| number of students who graduate from, transfer from or | 20 |
| otherwise leave
bilingual programs. The annual report shall | 21 |
| include any recommended legislation that the Board considers | 22 |
| appropriate for the educational needs of this State and how far | 23 |
| behind the federal government is on No Child Left Behind Act | 24 |
| funding for this State. The Auditor General shall annually | 25 |
| perform a
compliance audit of the State Board of Education's | 26 |
| performance of the
reporting duty imposed by this subsection |
|
|
|
09500HB4232ham001 |
- 29 - |
LRB095 15648 NHT 46675 a |
|
| 1 |
| E-5 amendatory Act of 1986 . A regular system of
communication | 2 |
| with other directly related State agencies shall be
| 3 |
| implemented.
| 4 |
| The requirement for reporting to the General Assembly shall | 5 |
| be satisfied
by filing copies of the report with the Speaker, | 6 |
| the Minority Leader and
the Clerk of the House of | 7 |
| Representatives and the President, the Minority
Leader and the | 8 |
| Secretary of the Senate and the Legislative Council, as | 9 |
| required
by Section 3.1 of the General
Assembly Organization | 10 |
| Act, and
filing such additional
copies with the State | 11 |
| Government Report Distribution Center for the General
Assembly | 12 |
| as is required under paragraph (t) of Section 7 of the State | 13 |
| Library
Act.
| 14 |
| F. Upon all of the new members initially to be appointed | 15 |
| under this amendatory Act of the 95th General Assembly taking | 16 |
| office appointment of the 7 new Board members who were | 17 |
| appointed to fill seats of members whose terms were terminated | 18 |
| on the effective date of this amendatory Act of the 93rd | 19 |
| General Assembly , the Board shall review all of its current | 20 |
| rules in an effort to streamline procedures, improve | 21 |
| efficiency, and eliminate unnecessary forms and paperwork.
| 22 |
| G. The Board shall provide the General Assembly with an | 23 |
| "ideal world" budget that shows what is needed to fully fund | 24 |
| everything. This budget must be filed with the Secretary of the | 25 |
| Senate and the Clerk of the House of Representatives at the | 26 |
| same time that the information required to be submitted to the |
|
|
|
09500HB4232ham001 |
- 30 - |
LRB095 15648 NHT 46675 a |
|
| 1 |
| General Assembly under subdivision (b) of Section 6 of the | 2 |
| Governor's Office of Management and Budget Act is filed with | 3 |
| the Secretary of the Senate and the Clerk of the House of | 4 |
| Representatives. | 5 |
| (Source: P.A. 95-626, eff. 6-1-08.)
| 6 |
| (105 ILCS 5/1A-12 new)
| 7 |
| Sec. 1A-12. State Board of Education Advisory Board. | 8 |
|
(a) There is created the State Board of Education Advisory | 9 |
| Board composed of 8 members who are appointed, 2 each, by the | 10 |
| President of the Senate, the Minority Leader of the Senate, the | 11 |
| Speaker of the House of Representatives, and the Minority | 12 |
| Leader of the House of Representatives. | 13 |
| (b) Members of the Advisory Board shall serve for 2 years. | 14 |
| Vacancies shall be filled by appointment for the unexpired term | 15 |
| in the same manner as original appointments are made. The | 16 |
| Advisory Board shall elect 2 co-chairpersons from among its | 17 |
| members, one appointed by a House member from one party and one | 18 |
| appointed by a Senate member from another party. | 19 |
| (c) Members of the Advisory Board shall serve without | 20 |
| compensation, but may be reimbursed for necessary expenses in | 21 |
| connection with the performance of the Advisory Board's duties. | 22 |
| (d) The Advisory Board (i) shall meet quarterly or as | 23 |
| needed, (ii) shall produce and request any reports it deems | 24 |
| necessary, (iii) shall provide advisory oversight of the State | 25 |
| Board of Education, and (iv) shall work with the State Board of |
|
|
|
09500HB4232ham001 |
- 31 - |
LRB095 15648 NHT 46675 a |
|
| 1 |
| Education in an advisory capacity to implement the State | 2 |
| Board's powers and duties. | 3 |
| (105 ILCS 5/1A-13 new)
| 4 |
| Sec. 1A-13. Ex parte communications. | 5 |
| (a) This Section applies to ex parte communications made to | 6 |
| the State Board of Education. | 7 |
| (b) In this Section, "ex parte communication" means any | 8 |
| written or oral communication by any person that imparts or | 9 |
| requests material information or makes a material argument | 10 |
| regarding potential action concerning financial, budgetary, or | 11 |
| investment matters pending before or under consideration by the | 12 |
| State Board of Education. "Ex parte communication" does not | 13 |
| include (i) statements by a person publicly made in a public | 14 |
| forum, (ii) statements regarding matters of procedure and | 15 |
| practice, such as format, the number of copies required, the | 16 |
| manner of filing, and the status of a matter, and (iii) | 17 |
| statements made by an employee of the State Board to the agency | 18 |
| head of the State Board or to other employees of the State | 19 |
| Board. | 20 |
| (c) An ex parte communication received by the State Board | 21 |
| of Education, the State Superintendent of Education, or other | 22 |
| State Board employee from the Governor or his or her official | 23 |
| representative, employee, or attorney shall promptly be | 24 |
| memorialized and made a part of the record. The ex parte | 25 |
| communication shall promptly be filed with the Executive Ethics |
|
|
|
09500HB4232ham001 |
- 32 - |
LRB095 15648 NHT 46675 a |
|
| 1 |
| Commission, including all written communications, all written | 2 |
| responses to the communications, and a memorandum stating the | 3 |
| nature and substance of all oral communications, the identity | 4 |
| and job title of the person to whom each communication was | 5 |
| made, all responses made, the identity and job title of the | 6 |
| person making each response, the identity of each person from | 7 |
| whom the written or oral ex parte communication was received, | 8 |
| the individual or entity represented by that person, any action | 9 |
| the person requested or recommended, and any other pertinent | 10 |
| information. This disclosure shall also contain the date of any | 11 |
| ex parte communication. | 12 |
| (d) Ex parte communications filed with the Executive Ethics | 13 |
| Commission under this Section must be open to public | 14 |
| inspection. | 15 |
| (e) Any person who fails to (i) report an ex parte | 16 |
| communication, (ii) make information part of the record, or | 17 |
| (iii) make a filing with the Executive Ethics Commission as | 18 |
| required by this Section violates the State Officials and | 19 |
| Employees Ethics Act. | 20 |
| Section 95. No acceleration or delay. Where this Act makes | 21 |
| changes in a statute that is represented in this Act by text | 22 |
| that is not yet or no longer in effect (for example, a Section | 23 |
| represented by multiple versions), the use of that text does | 24 |
| not accelerate or delay the taking effect of (i) the changes | 25 |
| made by this Act or (ii) provisions derived from any other |
|
|
|
09500HB4232ham001 |
- 33 - |
LRB095 15648 NHT 46675 a |
|
| 1 |
| Public Act. | 2 |
| Section 97. Severability. The provisions of this Act are | 3 |
| severable under Section 1.31 of the Statute on Statutes.
| 4 |
| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.".
|
|