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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:
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4 | Section 3. The Governor's Office of Management and Budget | ||||||
5 | Act is amended by changing Section 6 as follows:
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6 | (20 ILCS 3005/6) (from Ch. 127, par. 416)
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7 | 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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10 | (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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16 | fiscal year, the expenditures therefrom, obligations incurred | ||||||
17 | thereon, and
the amounts unobligated and unexpended, an | ||||||
18 | estimate of the revenues and
expenditures of the current fiscal | ||||||
19 | year, and an estimate of the revenues
and amounts needed for | ||||||
20 | the respective departments and offices for the next
succeeding | ||||||
21 | fiscal year.
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22 | (b) Require from each state agency its estimate of receipts | ||||||
23 | and
expenditures for the succeeding fiscal year, accompanied by |
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1 | a statement in
writing giving facts and explanation of reasons | ||||||
2 | for each item of
expenditure requested. Anything submitted by | ||||||
3 | the State Board of Education to the Governor or the Governor's | ||||||
4 | Office of Management and Budget under this Act must also be | ||||||
5 | submitted simultaneously to the General Assembly by filing a | ||||||
6 | copy with the Secretary of the Senate and the Clerk of the | ||||||
7 | House of Representatives.
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8 | (c) Make, at the discretion of the Director, further | ||||||
9 | inquiries and
investigations as to any item desired.
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10 | (d) Approve, disapprove or alter the estimates.
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11 | (Source: P.A. 93-25, eff. 6-20-03.)
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12 | Section 5. The School Code is amended by changing
Sections | ||||||
13 | 1A-1, 1A-2, 1A-2.1, and 1A-4 and by adding Sections 1A-12 and | ||||||
14 | 1A-13 as follows:
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15 | (105 ILCS 5/1A-1) (from Ch. 122, par. 1A-1)
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16 | Sec. 1A-1. Members and terms.
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17 | (a) (Blank).
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18 | (a-5) In this Section, "ex parte communication" means any | ||||||
19 | written or oral communication by any person that imparts or | ||||||
20 | requests material information or makes a material argument | ||||||
21 | regarding potential action concerning regulatory, quasi | ||||||
22 | regulatory, investment, or licensing matters pending before or | ||||||
23 | under consideration by the State Board of Education. "Ex parte | ||||||
24 | communication" does not include (i) statements by a person |
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1 | publicly made in a public forum, (ii) statements regarding | ||||||
2 | matters of procedure and practice, such as format, the number | ||||||
3 | of copies required, the manner of filing, and the status of a | ||||||
4 | matter, and (iii) statements made by an employee of the State | ||||||
5 | Board of Education to the agency head of the State Board of | ||||||
6 | Education or to other employees of the State Board of | ||||||
7 | Education. | ||||||
8 | (a-10) The term of each member of the State Board of | ||||||
9 | Education who is in
office on the effective date of this | ||||||
10 | amendatory Act of the 95th General Assembly shall terminate | ||||||
11 | when all of the new members initially to be appointed under | ||||||
12 | this amendatory Act of the 95th General
Assembly have taken | ||||||
13 | office. Persons whose terms are terminated under this | ||||||
14 | subsection (a-10) may be reappointed to serve on the State | ||||||
15 | Board of Education under subsection (b) of this Section. | ||||||
16 | (b) The State Board of
Education shall consist of 8
members | ||||||
17 | and a chairperson, who shall be appointed , with the advice and | ||||||
18 | consent of the Senate, by the
Governor with the assistance of a | ||||||
19 | Nomination Panel or by a Nomination Panel if the Governor does | ||||||
20 | not act within the 30 days allotted, as provided in subsection | ||||||
21 | (c-5) of this Section, with the advice and consent
of the | ||||||
22 | Senate from a pattern of regional representation as follows: 2
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23 | appointees shall be selected from among those counties of the | ||||||
24 | State other
than Cook County and the 5 counties contiguous to | ||||||
25 | Cook County; 2 appointees shall be selected from
Cook County, | ||||||
26 | one of whom shall be a resident of the City of
Chicago and one |
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1 | of whom shall be a resident of that
part of Cook County
which | ||||||
2 | lies outside the city limits of Chicago; 2
appointees shall be
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3 | selected from among the 5 counties of the State that are | ||||||
4 | contiguous to Cook
County; and 3 members
shall be selected as | ||||||
5 | members-at-large (one of which shall be the chairperson). With | ||||||
6 | respect to these appointments, one member of the State Board of | ||||||
7 | Education must be a former school board member, one member must | ||||||
8 | be a former district superintendent, one member must be a | ||||||
9 | former teacher, and one member must have significant business | ||||||
10 | experience. The Governor who takes office on the second Monday | ||||||
11 | of January after his or her election shall be the person who | ||||||
12 | appoints nominates members to fill vacancies whose terms begin | ||||||
13 | after that date and before the term of the next Governor | ||||||
14 | begins . | ||||||
15 | The members of the State Board of Education initially | ||||||
16 | appointed under this amendatory Act of the 95th General | ||||||
17 | Assembly shall serve for the following terms: | ||||||
18 | (1) The member of the State Board of Education from | ||||||
19 | Cook County who is not a resident of the City of Chicago | ||||||
20 | shall serve for a term that expires on the second Wednesday | ||||||
21 | of January, 2010 and until his or her successor is | ||||||
22 | appointed and has qualified. | ||||||
23 | (2) One of the members of the State Board of Education | ||||||
24 | from a county other than Cook County and the 5 counties | ||||||
25 | contiguous to Cook County, as determined by lot, shall | ||||||
26 | serve for a term that expires on the second Wednesday of |
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1 | January, 2010 and until his or her successor is appointed | ||||||
2 | and has qualified. | ||||||
3 | (3) One of the members-at-large who is not the | ||||||
4 | chairperson, as determined by lot, shall serve for a term | ||||||
5 | that expires on the second Wednesday of January, 2010 and | ||||||
6 | until his or her successor is appointed and has qualified. | ||||||
7 | (4) The member of the State Board of Education who is a | ||||||
8 | resident of the City of Chicago shall serve for a term that | ||||||
9 | expires on the second Wednesday of January, 2012 and until | ||||||
10 | his or her successor is appointed and has qualified. | ||||||
11 | (5) One of the members of the State Board of Education | ||||||
12 | from any one of the 5 counties of the State that are | ||||||
13 | contiguous to Cook County, as determined by lot, shall | ||||||
14 | serve for a term that expires on the second Wednesday of | ||||||
15 | January, 2012 and until his or her successor is appointed | ||||||
16 | and has qualified. | ||||||
17 | (6) The other member-at-large who is not the | ||||||
18 | chairperson shall serve for a term that expires on the | ||||||
19 | second Wednesday of January, 2012 and until his or her | ||||||
20 | successor is appointed and has qualified. | ||||||
21 | (7) The other member of the State Board of Education | ||||||
22 | who is from a county other than Cook County and the 5 | ||||||
23 | counties contiguous to Cook County shall serve for a term | ||||||
24 | that expires on the second Wednesday of January, 2014 and | ||||||
25 | until his or her successor is appointed and has qualified. | ||||||
26 | (8) The other member of the State Board of Education |
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1 | who is from any one of the 5 counties of the State that are | ||||||
2 | contiguous to Cook County shall serve for a term that | ||||||
3 | expires on the second Wednesday of January, 2014 and until | ||||||
4 | his or her successor is appointed and has qualified. | ||||||
5 | (9) The member of the State Board of Education who is | ||||||
6 | the chairperson shall serve for a term that expires on the | ||||||
7 | second Wednesday of January, 2014 and until his or her | ||||||
8 | successor is appointed and has qualified. | ||||||
9 | The term of each member of the State Board of Education | ||||||
10 | whose term expires on January 12, 2005 shall instead terminate | ||||||
11 | on the effective date of this amendatory Act of the 93rd | ||||||
12 | General Assembly. Of these 3 seats, (i) the member initially | ||||||
13 | appointed pursuant to this amendatory Act of the 93rd General | ||||||
14 | Assembly whose seat was vacant on April 27, 2004 shall serve | ||||||
15 | until the second Wednesday of January, 2009 and (ii) the other | ||||||
16 | 2 members initially appointed pursuant to this amendatory Act | ||||||
17 | of the 93rd General Assembly shall serve until the second | ||||||
18 | Wednesday of January, 2007. | ||||||
19 | The term of the member of the State Board of Education | ||||||
20 | whose seat was vacant on April 27, 2004 and whose term expires | ||||||
21 | on January 10, 2007 shall instead terminate on the effective | ||||||
22 | date of this amendatory Act of the 93rd General Assembly. The | ||||||
23 | member initially appointed pursuant to this amendatory Act of | ||||||
24 | the 93rd General Assembly to fill this seat shall be the | ||||||
25 | chairperson and shall serve until the second Wednesday of | ||||||
26 | January, 2007. |
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1 | The term of the member of the State Board of Education | ||||||
2 | whose seat was vacant on May 28, 2004 but after April 27, 2004 | ||||||
3 | and whose term expires on January 10, 2007 shall instead | ||||||
4 | terminate on the effective date of this amendatory Act of the | ||||||
5 | 93rd General Assembly. The member initially appointed pursuant | ||||||
6 | to this amendatory Act of the 93rd General Assembly to fill | ||||||
7 | this seat shall serve until the second Wednesday of January, | ||||||
8 | 2007.
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9 | The term of the other member of the State Board of | ||||||
10 | Education 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. | ||||||
16 | The term of the member of the State Board of Education | ||||||
17 | whose term expires on January 14, 2009 and who was selected | ||||||
18 | from among the 5 counties of the State that are contiguous to | ||||||
19 | Cook County and is a resident of Lake County shall instead | ||||||
20 | terminate on the effective date of this amendatory Act of the | ||||||
21 | 93rd General Assembly. The member initially appointed pursuant | ||||||
22 | to this amendatory Act of the 93rd General Assembly to fill | ||||||
23 | this seat shall serve until the second Wednesday of January, | ||||||
24 | 2009. | ||||||
25 | Upon expiration of the terms of the members initially | ||||||
26 | appointed
under this amendatory Act of the 95th 93rd General |
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1 | Assembly and members whose terms were not terminated by this | ||||||
2 | amendatory Act of the 93rd General Assembly , their respective | ||||||
3 | successors shall be
appointed for terms of 6 4
years, from the | ||||||
4 | second Wednesday in January of each
odd
numbered year and until | ||||||
5 | their respective successors are appointed and
qualified. | ||||||
6 | (c) At Of the 4 members, excluding the chairperson, whose | ||||||
7 | terms expire on the second Wednesday of January, 2007 and every | ||||||
8 | 4 years thereafter, one of those members must be an at-large | ||||||
9 | member and at no time may more than 5 2 of those members of the | ||||||
10 | State Board of Education be from one political party. Of the 4 | ||||||
11 | members whose terms expire on the second Wednesday of January, | ||||||
12 | 2009 and every 4 years thereafter, one of those members must be | ||||||
13 | an at-large member and at no time may more than 2 of those | ||||||
14 | members be from one political party. Party membership is | ||||||
15 | defined as having voted in the primary of the party in the last | ||||||
16 | primary before appointment.
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17 | (c-5) The Nomination Panel is established to provide a list | ||||||
18 | of nominees to the Governor for appointment to the State Board | ||||||
19 | of Education. Members of the Nomination Panel must be appointed | ||||||
20 | by majority vote of the following appointing authorities: the | ||||||
21 | Governor, the Attorney General, and the Secretary of State. | ||||||
22 | Each member of the Nomination Panel shall serve for a term that | ||||||
23 | expires on January 15 of each even-numbered year and until his | ||||||
24 | or her successor is appointed and has qualified. The appointing | ||||||
25 | authorities may hold as many public or non-public meetings as | ||||||
26 | is required to fulfill their duties and may utilize their |
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1 | respective staff and budget in carrying out their duties, | ||||||
2 | provided that the final vote on appointees to the Nomination | ||||||
3 | Panel shall take place in a meeting governed by the Open | ||||||
4 | Meetings Act. Any ex parte communications regarding the | ||||||
5 | Nomination Panel must be made a part of the record at the next | ||||||
6 | public meeting and part of a written record. The appointing | ||||||
7 | authorities shall file a list of members of the Nomination | ||||||
8 | Panel with the Secretary of State within 30 days after the | ||||||
9 | effective date of this amendatory Act of the 95th General | ||||||
10 | Assembly. Thereafter, the appointing authorities shall file a | ||||||
11 | list of members of the Nomination Panel with the Secretary of | ||||||
12 | State within 30 days after January 15 of each even-numbered | ||||||
13 | year. Members of the Nomination Panel may be reappointed. A | ||||||
14 | vacancy on the Nomination Panel due to disqualification or | ||||||
15 | resignation must be filled within 30 days after the vacancy, | ||||||
16 | and the appointing authorities must file the name of the new | ||||||
17 | appointee with the Secretary of State. | ||||||
18 | The Nomination Panel shall consist of the following 7 | ||||||
19 | members: | ||||||
20 | (1) Two members must be former district | ||||||
21 | superintendents. | ||||||
22 | (2) One member must be a former elementary school | ||||||
23 | teacher. | ||||||
24 | (3) One member must be a former secondary school | ||||||
25 | teacher. | ||||||
26 | (4) Two members must be former State legislators with |
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1 | significant experience and involvement in the elementary | ||||||
2 | and secondary education appropriation process. | ||||||
3 | (5) One member must have at least 5 years of experience | ||||||
4 | with a nonprofit agency in this State that is committed to | ||||||
5 | education advocacy and has an interest in education reform. | ||||||
6 | The appointing authorities shall solicit recommendations | ||||||
7 | from the Illinois Education Association, the Illinois | ||||||
8 | Federation of Teachers, the Illinois Statewide School | ||||||
9 | Management Alliance, ED-RED, the Illinois Association of | ||||||
10 | Regional Superintendents of Schools, the Metropolitan Planning | ||||||
11 | Council, the Illinois PTA, the Civic Committee of the | ||||||
12 | Commercial Club of Chicago, Voices for Illinois Children, | ||||||
13 | Action for Children, the Legislative Education Network of | ||||||
14 | DuPage County (LEND), the South Cooperative Organization for | ||||||
15 | Public Education (SCOPE), A+ Illinois, the Ounce of Prevention | ||||||
16 | Fund, the Illinois Business Roundtable, and any other source | ||||||
17 | deemed appropriate.
Each member of the Nomination Panel shall | ||||||
18 | receive $300 for each day the Nomination Panel meets. | ||||||
19 | At no time may more than 4 members of the Nomination Panel | ||||||
20 | be from one political party. Party membership is defined as | ||||||
21 | having voted in the primary of the party in the last primary | ||||||
22 | before appointment. | ||||||
23 | Candidates for nomination to the State Board of Education | ||||||
24 | may apply or be nominated. The Nomination Panel has 30 days | ||||||
25 | after it is established to accept applications and nominations. | ||||||
26 | All candidates must fill out a written application and submit |
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1 | to a background investigation to be eligible for consideration. | ||||||
2 | The written application must include a sworn statement signed | ||||||
3 | by the candidate disclosing any communications relating to the | ||||||
4 | regulation of elementary and secondary education that the | ||||||
5 | applicant has engaged in within the last year with a | ||||||
6 | constitutional officer, a member of the General Assembly, an | ||||||
7 | officer or other employee of the executive branch of this | ||||||
8 | State, or an employee of the legislative branch of this State. | ||||||
9 | A person who provides false or misleading information on | ||||||
10 | the application or fails to disclose a communication required | ||||||
11 | to be disclosed in the sworn statement under this Section is | ||||||
12 | guilty of a Class 3 felony. | ||||||
13 | Once an application is submitted to the Nomination Panel | ||||||
14 | and until (i) the candidate is rejected by the Nomination | ||||||
15 | Panel, (ii) the candidate is rejected by the Governor, (iii) | ||||||
16 | the candidate is rejected by the Senate, or (iv) the candidate | ||||||
17 | is confirmed by the Senate, whichever is applicable, a | ||||||
18 | candidate may not engage in ex parte communications. | ||||||
19 | Within 60 days after the Nomination Panel is established, | ||||||
20 | the Nomination Panel must review written applications, | ||||||
21 | determine eligibility for oral interviews, confirm | ||||||
22 | satisfactory background investigations, and hold public | ||||||
23 | hearings on qualifications of candidates. Initial interviews | ||||||
24 | of candidates need not be held in meetings subject to the Open | ||||||
25 | Meetings Act; members or staff may arrange for informal | ||||||
26 | interviews. Prior to recommendation, however, the Nomination |
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1 | Panel must question candidates under oath in a meeting subject | ||||||
2 | to the Open Meetings Act. | ||||||
3 | The Nomination Panel must recommend 27 nominees for | ||||||
4 | appointment to the State Board of Education within 60 days | ||||||
5 | after the Nomination Panel is established. The Governor may | ||||||
6 | choose only from these nominations. The Nomination Panel shall | ||||||
7 | deliver a list of the nominees, including a memorandum | ||||||
8 | detailing the nominees' qualifications, to the Governor. After | ||||||
9 | submitting the list to the Governor, the Nomination Panel shall | ||||||
10 | file a copy along with a statement confirming delivery of the | ||||||
11 | list and memorandum to the Governor with the Secretary of | ||||||
12 | State. The Secretary of State shall indicate the date and time | ||||||
13 | of filing. | ||||||
14 | After reviewing the nominations, the Governor may select 9 | ||||||
15 | nominees, including the chairperson, for appointment to the | ||||||
16 | State Board of Education, to be confirmed by the Senate. The | ||||||
17 | Governor shall file the names of his or her appointments with | ||||||
18 | the Senate and the Secretary of State. The Secretary of State | ||||||
19 | shall indicate the date and time of filing. | ||||||
20 | The Governor has 30 days from the date the Nomination Panel | ||||||
21 | files its list of nominees with the Secretary of State to make | ||||||
22 | appointments to be confirmed by the Senate. If the Governor | ||||||
23 | does not select all appointees within this 30 days, the | ||||||
24 | Nomination Panel may appoint those members not yet selected for | ||||||
25 | appointment by the Governor. The Nomination Panel shall file | ||||||
26 | the names of its appointments with the Senate and the Secretary |
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1 | of State. The Secretary of State shall indicate the date and | ||||||
2 | time of filing. | ||||||
3 | Appointments by the Governor or Nomination Panel must be | ||||||
4 | confirmed by the Senate by two-thirds of its members by record | ||||||
5 | vote. Any appointment not acted upon within 30 calendar days | ||||||
6 | after the date of filing the names of appointments with the | ||||||
7 | Secretary of State shall be deemed to have received the advice | ||||||
8 | and consent of the Senate. | ||||||
9 | (d) When a vacancy occurs on the State Board of Education, | ||||||
10 | the Nomination Panel shall accept applications and nominations | ||||||
11 | of candidates for 30 days from the date the vacancy occurred. | ||||||
12 | All candidates must fill out a written application and submit | ||||||
13 | to a background investigation to be eligible for consideration. | ||||||
14 | The written application must include a sworn statement signed | ||||||
15 | by the candidate disclosing any communications relating to the | ||||||
16 | regulation of elementary and secondary education that the | ||||||
17 | applicant has engaged in within the last year with a | ||||||
18 | constitutional officer, a member of the General Assembly, an | ||||||
19 | officer or other employee of the executive branch of this | ||||||
20 | State, or an employee of the legislative branch of this State. | ||||||
21 | A person who provides false or misleading information on | ||||||
22 | the application or fails to disclose a communication required | ||||||
23 | to be disclosed in the sworn statement under this Section is | ||||||
24 | guilty of a Class 3 felony.
Once an application is submitted to | ||||||
25 | the Nomination Panel and until (i) the candidate is rejected by | ||||||
26 | the Nomination Panel, (ii) the candidate is rejected by the |
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1 | Governor, (iii) the candidate is rejected by the Senate, or | ||||||
2 | (iv) the candidate is confirmed by the Senate, whichever is | ||||||
3 | applicable, a candidate may not engage in ex parte | ||||||
4 | communications. | ||||||
5 | The Nomination Panel must review written applications, | ||||||
6 | determine eligibility for oral interviews, confirm | ||||||
7 | satisfactory background investigations, and hold public | ||||||
8 | hearings on qualifications of candidates. Initial interviews | ||||||
9 | of candidates need not be held in meetings subject to the Open | ||||||
10 | Meetings Act; members or staff may arrange for informal | ||||||
11 | interviews. Prior to recommendation, however, the Nomination | ||||||
12 | Panel must question candidates under oath in a meeting subject | ||||||
13 | to the Open Meetings Act. | ||||||
14 | The Nomination Panel must nominate at least 3 candidates | ||||||
15 | for the vacancy within 60 days after that vacancy occurs. | ||||||
16 | Within 30 days after that, the Governor shall appoint one of | ||||||
17 | those nominees to fill the vacancy for the remainder of the | ||||||
18 | unexpired term. If the Governor does not fill the vacancy | ||||||
19 | within the 30 days, the Nomination Panel may make the | ||||||
20 | appointment.
Vacancies shall be confirmed by the Senate in the | ||||||
21 | same manner as full-term appointments under subsection (c-5) of | ||||||
22 | this Section. Vacancies in terms shall be filled by appointment | ||||||
23 | by the
Governor with the advice and consent of the Senate for | ||||||
24 | the extent of the
unexpired term.
If a vacancy in membership | ||||||
25 | occurs at a time when the Senate is not in
session, the | ||||||
26 | Governor shall make a temporary appointment until the next |
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1 | meeting
of the Senate, when the Governor shall appoint a person | ||||||
2 | to fill that membership
for the remainder of its term. If the | ||||||
3 | Senate is not in session when
appointments for a full term are | ||||||
4 | made, the appointments shall be made as in the
case of | ||||||
5 | vacancies.
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6 | (Source: P.A. 93-1036, eff. 9-14-04.)
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7 | (105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)
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8 | Sec. 1A-2. Qualifications.
The members of
the State Board | ||||||
9 | of Education
shall be citizens of the United States and
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10 | residents of
the State of Illinois
and shall be selected as far | ||||||
11 | as may be practicable on the basis of their
knowledge of, or | ||||||
12 | interest and experience in, problems of public education.
No | ||||||
13 | member of the State Board of Education shall be gainfully | ||||||
14 | employed or
administratively connected with any school system, | ||||||
15 | nor have any interest in
or benefit from funds provided by the | ||||||
16 | State Board of Education to an
institution of higher
learning, | ||||||
17 | public or private, within Illinois, nor shall they be members
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18 | of a school board or board of school trustees of a public or | ||||||
19 | nonpublic school,
college, university or technical institution | ||||||
20 | within Illinois. No member
shall be appointed to more than 2 | ||||||
21 | full-year six year terms. Members shall
be reimbursed
for all | ||||||
22 | ordinary and necessary expenses incurred in performing their | ||||||
23 | duties
as members of the Board. Expenses shall be approved by | ||||||
24 | the Board and be
consistent with the laws, policies, and | ||||||
25 | requirements of the
State of Illinois regarding such |
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1 | expenditures, plus any member may include
in his claim for | ||||||
2 | expenses $50 per day for meeting days.
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3 | (Source: P.A. 90-548, eff. 1-1-98.)
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4 | (105 ILCS 5/1A-2.1) (from Ch. 122, par. 1A-2.1)
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5 | Sec. 1A-2.1. Vacancies. In addition to the authority of the | ||||||
6 | Governor to remove a person from office under Section 10 of | ||||||
7 | Article V of the Constitution of the State of Illinois, the | ||||||
8 | State Board of Education The Governor may remove for | ||||||
9 | incompetence, neglect of duty, or malfeasance in office any | ||||||
10 | member of the State Board of Education by a two-thirds vote in | ||||||
11 | favor of removal . A vacancy also exists on the State Board of
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12 | Education when one or more of the following events occur:
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13 | 1. A member dies.
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14 | 2. A member files a written resignation with the Governor.
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15 | 3. A member is adjudicated to be a person under legal | ||||||
16 | disability under
the Probate Act of 1975 or
a person subject to | ||||||
17 | involuntary admission
under the Mental Health and | ||||||
18 | Developmental Disabilities Code.
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19 | 4. A member ceases to be a resident of the region from
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20 | which he or she was appointed.
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21 | 5. A member is convicted of an infamous crime or of any | ||||||
22 | offense
involving a violation of his or her duties under this | ||||||
23 | Code.
| ||||||
24 | 6. A member fails to maintain the qualifications stated in | ||||||
25 | Section
1A-2 of this Code.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-1036, eff. 9-14-04.)
| ||||||
2 | (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
| ||||||
3 | (Text of Section before amendment by P.A. 95-626 )
| ||||||
4 | Sec. 1A-4. Powers and duties of the Board.
| ||||||
5 | A. (Blank).
| ||||||
6 | B. The Board shall determine the qualifications of and | ||||||
7 | appoint a
chief education officer, to be known as the State | ||||||
8 | Superintendent of
Education, who may be proposed by the | ||||||
9 | Governor and who shall serve at the pleasure of the Board and | ||||||
10 | pursuant to a
performance-based contract linked to statewide | ||||||
11 | student performance and academic
improvement within Illinois | ||||||
12 | schools. Upon expiration or buyout of the contract of the State | ||||||
13 | Superintendent of Education in office on the effective date of | ||||||
14 | this amendatory Act of the 95th 93rd General Assembly, a new | ||||||
15 | State Superintendent of Education may shall be appointed by a | ||||||
16 | State Board of Education that consists of all of the new | ||||||
17 | members initially to be appointed under this amendatory Act of | ||||||
18 | the 95th General Assembly includes the 7 new Board members who | ||||||
19 | were appointed to fill seats of members whose terms were | ||||||
20 | terminated on the effective date of this amendatory Act of the | ||||||
21 | 93rd General Assembly . Thereafter, a State Superintendent of | ||||||
22 | Education must, at a minimum, be appointed at the beginning of | ||||||
23 | each term of a Governor after that Governor has made | ||||||
24 | appointments to the Board. A performance-based
contract issued | ||||||
25 | for the employment of a State Superintendent of
Education must |
| |||||||
| |||||||
1 | be for 4 years. A entered into on or after the effective date | ||||||
2 | of this amendatory Act of the 93rd General Assembly must expire | ||||||
3 | no later than February 1, 2007, and subsequent contracts must | ||||||
4 | expire no later than February 1 each 4 years thereafter. No | ||||||
5 | contract
shall be
extended or renewed beyond February 1, 2007 | ||||||
6 | and February 1 each 4 years thereafter, but a State | ||||||
7 | Superintendent of Education shall serve until his or her | ||||||
8 | successor is appointed. Each contract entered into on or before | ||||||
9 | January 8, 2007 with a State Superintendent of Education must | ||||||
10 | provide that the State Board of Education may terminate the | ||||||
11 | contract for cause, and the State Board of Education shall not | ||||||
12 | thereafter be liable for further payments under the contract. | ||||||
13 | With regard to this amendatory Act of the 93rd General | ||||||
14 | Assembly, it is the intent of the General Assembly that, | ||||||
15 | beginning with the Governor who takes office on the second | ||||||
16 | Monday of January, 2007, a State Superintendent of Education be | ||||||
17 | appointed at the beginning of each term of a Governor after | ||||||
18 | that Governor has made appointments to the Board. The State
| ||||||
19 | Superintendent of Education shall not serve as a member of the | ||||||
20 | State
Board of Education. The Board shall set the compensation | ||||||
21 | of the State
Superintendent of Education who shall serve as the | ||||||
22 | Board's chief
executive officer. The Board shall also establish | ||||||
23 | the duties, powers and
responsibilities of the State | ||||||
24 | Superintendent, which shall be included in the
State | ||||||
25 | Superintendent's performance-based contract along with the | ||||||
26 | goals and
indicators of student performance and academic |
| |||||||
| |||||||
1 | improvement used to measure the
performance and effectiveness | ||||||
2 | of the State Superintendent.
The State Board of Education may | ||||||
3 | delegate
to the State Superintendent of Education the authority | ||||||
4 | to act on the Board's
behalf, provided such delegation is made | ||||||
5 | pursuant to adopted board policy
or the powers delegated are | ||||||
6 | ministerial in nature. The State Board may
not delegate | ||||||
7 | authority under this Section to the State Superintendent to
(1) | ||||||
8 | nonrecognize school districts, (2) withhold State payments as a | ||||||
9 | penalty,
or (3) make final decisions under the contested case | ||||||
10 | provisions of the Illinois
Administrative Procedure Act unless | ||||||
11 | otherwise provided by law.
| ||||||
12 | C. The powers and duties of the State Board of Education | ||||||
13 | shall encompass all
duties delegated to the Office of | ||||||
14 | Superintendent of Public Instruction on
January 12, 1975, | ||||||
15 | except as the law providing for such powers and duties is
| ||||||
16 | thereafter amended, and such other powers and duties as the | ||||||
17 | General Assembly
shall designate. The Board shall be | ||||||
18 | responsible for the educational policies
and guidelines for | ||||||
19 | public schools, pre-school through grade
12 and Vocational | ||||||
20 | Education in the State of Illinois. The Board shall
analyze the | ||||||
21 | present and future aims, needs, and requirements of
education | ||||||
22 | in the State of Illinois and recommend to the General Assembly
| ||||||
23 | the powers which should be exercised by the Board. Every year | ||||||
24 | the The Board shall
recommend the passage and the legislation | ||||||
25 | necessary to determine the
appropriate relationship between | ||||||
26 | the Board and local boards of education
and the various State |
| |||||||
| |||||||
1 | agencies and shall recommend desirable
modifications in the | ||||||
2 | laws which affect schools.
| ||||||
3 | D. Two members of the Board shall be appointed by the | ||||||
4 | chairperson
to serve on a standing joint Education Committee, 2 | ||||||
5 | others shall be
appointed from the Board of Higher Education, 2
| ||||||
6 | others shall be appointed by the chairperson of the
Illinois | ||||||
7 | Community College Board, and 2 others shall be appointed by the
| ||||||
8 | chairperson of the Human Resource Investment Council. The
| ||||||
9 | Committee shall be
responsible for making recommendations | ||||||
10 | concerning the submission of any
workforce development plan or | ||||||
11 | workforce training program required by federal
law or under any | ||||||
12 | block grant authority. The Committee will be
responsible for | ||||||
13 | developing policy on matters of mutual concern to
elementary, | ||||||
14 | secondary and higher education such as Occupational and
Career | ||||||
15 | Education, Teacher Preparation and Certification, Educational
| ||||||
16 | Finance, Articulation between Elementary, Secondary and Higher | ||||||
17 | Education
and Research and Planning. The joint Education | ||||||
18 | Committee shall meet at
least quarterly and submit an annual | ||||||
19 | report of its findings,
conclusions, and recommendations to the | ||||||
20 | State Board of Education, the Board of
Higher Education, the | ||||||
21 | Illinois Community College Board,
the Human Resource | ||||||
22 | Investment Council, the Governor, and the
General
Assembly. All | ||||||
23 | meetings of this Committee shall be official meetings for
| ||||||
24 | reimbursement under this Act.
| ||||||
25 | E. Five members of the Board shall constitute a quorum. A
| ||||||
26 | majority
vote of the members appointed, confirmed and serving |
| |||||||
| |||||||
1 | on the Board is
required to approve any action , except that the | ||||||
2 | 7 new Board members who were appointed to fill seats of members | ||||||
3 | whose terms were terminated on the effective date of this | ||||||
4 | amendatory act of the 93rd General Assembly may vote to approve | ||||||
5 | actions when appointed and serving .
| ||||||
6 | E-5. The Board shall prepare and submit to the General | ||||||
7 | Assembly and the
Governor on or before January 14, 1976 and | ||||||
8 | annually thereafter a report
or reports of its findings and | ||||||
9 | recommendations. Such annual report shall
contain a separate | ||||||
10 | section which provides a critique and analysis of the
status of | ||||||
11 | education in Illinois and which identifies its specific | ||||||
12 | problems
and recommends express solutions therefor.
Such | ||||||
13 | annual report also shall contain the following information for | ||||||
14 | the
preceding year ending on June 30: each act or omission of a | ||||||
15 | school district
of which the State Board of Education has | ||||||
16 | knowledge as a consequence of
scheduled, approved visits and | ||||||
17 | which constituted a
failure by the district to comply with | ||||||
18 | applicable State or federal laws or
regulations relating to | ||||||
19 | public education, the name of such district, the date
or dates | ||||||
20 | on which the State Board of Education notified the school | ||||||
21 | district of
such act or omission, and what action, if any, the | ||||||
22 | school district took with
respect thereto after being notified | ||||||
23 | thereof by the State Board of Education.
The report shall also | ||||||
24 | include the statewide high school dropout rate by
grade level, | ||||||
25 | sex and race and the annual student dropout rate of and the
| ||||||
26 | number of students who graduate from, transfer from or |
| |||||||
| |||||||
1 | otherwise leave
bilingual programs. The annual report shall | ||||||
2 | include any recommended legislation that the Board considers | ||||||
3 | appropriate for the educational needs of this State and how far | ||||||
4 | behind the federal government is on No Child Left Behind Act | ||||||
5 | funding for this State. The Auditor General shall annually | ||||||
6 | perform a
compliance audit of the State Board of Education's | ||||||
7 | performance of the
reporting duty imposed by this subsection | ||||||
8 | E-5 amendatory Act of 1986 . A regular system of
communication | ||||||
9 | with other directly related State agencies shall be
| ||||||
10 | implemented.
| ||||||
11 | The requirement for reporting to the General Assembly shall | ||||||
12 | be satisfied
by filing copies of the report with the Speaker, | ||||||
13 | the Minority Leader and
the Clerk of the House of | ||||||
14 | Representatives and the President, the Minority
Leader and the | ||||||
15 | Secretary of the Senate and the Legislative Council, as | ||||||
16 | required
by Section 3.1 of the General
Assembly Organization | ||||||
17 | Act, and
filing such additional
copies with the State | ||||||
18 | Government Report Distribution Center for the General
Assembly | ||||||
19 | as is required under paragraph (t) of Section 7 of the State | ||||||
20 | Library
Act.
| ||||||
21 | F. Upon all of the new members initially to be appointed | ||||||
22 | under this amendatory Act of the 95th General Assembly taking | ||||||
23 | office appointment of the 7 new Board members who were | ||||||
24 | appointed to fill seats of members whose terms were terminated | ||||||
25 | on the effective date of this amendatory Act of the 93rd | ||||||
26 | General Assembly , the Board shall review all of its current |
| |||||||
| |||||||
1 | rules in an effort to streamline procedures, improve | ||||||
2 | efficiency, and eliminate unnecessary forms and paperwork.
| ||||||
3 | G. The Board shall provide the General Assembly with a | ||||||
4 | separate budget that shows what is needed to fully fund all
| ||||||
5 | State mandates and to meet the educational needs of this State. | ||||||
6 | This budget must be filed with the Secretary of the Senate and | ||||||
7 | the Clerk of the House of Representatives at the same time that | ||||||
8 | the information required to be submitted to the General | ||||||
9 | Assembly under subdivision (b) of Section 6 of the Governor's | ||||||
10 | Office of Management and Budget Act is filed with the Secretary | ||||||
11 | of the Senate and the Clerk of the House of Representatives. | ||||||
12 | H. Notwithstanding any other rulemaking authority that may
| ||||||
13 | exist, neither the Governor nor any agency or agency head under
| ||||||
14 | the jurisdiction of the Governor has any authority to make or
| ||||||
15 | promulgate rules to implement or enforce the provisions of this
| ||||||
16 | amendatory Act of the 95th General Assembly. If, however, the
| ||||||
17 | Governor believes that rules are necessary to implement or
| ||||||
18 | enforce the provisions of this amendatory Act of the 95th
| ||||||
19 | General Assembly, the Governor may suggest rules to the General | ||||||
20 | Assembly by filing them with the Clerk of the House and the
| ||||||
21 | Secretary of the Senate and by requesting that the General
| ||||||
22 | Assembly authorize such rulemaking by law, enact those
| ||||||
23 | suggested rules into law, or take any other appropriate action
| ||||||
24 | in the General Assembly's discretion. Nothing contained in this
| ||||||
25 | amendatory Act of the 95th General Assembly shall be
| ||||||
26 | interpreted to grant rulemaking authority under any other
|
| |||||||
| |||||||
1 | Illinois statute where such authority is not otherwise
| ||||||
2 | explicitly given. For the purposes of this amendatory Act of
| ||||||
3 | the 95th General Assembly, "rules" is given the meaning
| ||||||
4 | contained in Section 1-70 of the Illinois Administrative
| ||||||
5 | Procedure Act, and "agency" and "agency head" are given the
| ||||||
6 | meanings contained in Sections 1-20 and 1-25 of the Illinois
| ||||||
7 | Administrative Procedure Act to the extent that such
| ||||||
8 | definitions apply to agencies or agency heads under the
| ||||||
9 | jurisdiction of the Governor. | ||||||
10 | (Source: P.A. 93-1036, eff. 9-14-04.)
| ||||||
11 | (Text of Section after amendment by P.A. 95-626 )
| ||||||
12 | Sec. 1A-4. Powers and duties of the Board.
| ||||||
13 | A. (Blank).
| ||||||
14 | B. The Board shall determine the qualifications of and | ||||||
15 | appoint a
chief education officer, to be known as the State | ||||||
16 | Superintendent of
Education, who may be proposed by the | ||||||
17 | Governor and who shall serve at the pleasure of the Board and | ||||||
18 | pursuant to a
performance-based contract linked to statewide | ||||||
19 | student performance and academic
improvement within Illinois | ||||||
20 | schools. Upon expiration or buyout of the contract of the State | ||||||
21 | Superintendent of Education in office on the effective date of | ||||||
22 | this amendatory Act of the 95th 93rd General Assembly, a new | ||||||
23 | State Superintendent of Education may shall be appointed by a | ||||||
24 | State Board of Education that consists of all of the new | ||||||
25 | members initially to be appointed under this amendatory Act of |
| |||||||
| |||||||
1 | the 95th General Assembly includes the 7 new Board members who | ||||||
2 | were appointed to fill seats of members whose terms were | ||||||
3 | terminated on the effective date of this amendatory Act of the | ||||||
4 | 93rd General Assembly . Thereafter, a State Superintendent of | ||||||
5 | Education must, at a minimum, be appointed at the beginning of | ||||||
6 | each term of a Governor after that Governor has made | ||||||
7 | appointments to the Board. A performance-based
contract issued | ||||||
8 | for the employment of a State Superintendent of
Education must | ||||||
9 | be for 4 years. A entered into on or after the effective date | ||||||
10 | of this amendatory Act of the 93rd General Assembly must expire | ||||||
11 | no later than February 1, 2007, and subsequent contracts must | ||||||
12 | expire no later than February 1 each 4 years thereafter. No | ||||||
13 | contract
shall be
extended or renewed beyond February 1, 2007 | ||||||
14 | and February 1 each 4 years thereafter, but a State | ||||||
15 | Superintendent of Education shall serve until his or her | ||||||
16 | successor is appointed. Each contract entered into on or before | ||||||
17 | January 8, 2007 with a State Superintendent of Education must | ||||||
18 | provide that the State Board of Education may terminate the | ||||||
19 | contract for cause, and the State Board of Education shall not | ||||||
20 | thereafter be liable for further payments under the contract. | ||||||
21 | With regard to this amendatory Act of the 93rd General | ||||||
22 | Assembly, it is the intent of the General Assembly that, | ||||||
23 | beginning with the Governor who takes office on the second | ||||||
24 | Monday of January, 2007, a State Superintendent of Education be | ||||||
25 | appointed at the beginning of each term of a Governor after | ||||||
26 | that Governor has made appointments to the Board. The State
|
| |||||||
| |||||||
1 | Superintendent of Education shall not serve as a member of the | ||||||
2 | State
Board of Education. The Board shall set the compensation | ||||||
3 | of the State
Superintendent of Education who shall serve as the | ||||||
4 | Board's chief
executive officer. The Board shall also establish | ||||||
5 | the duties, powers and
responsibilities of the State | ||||||
6 | Superintendent, which shall be included in the
State | ||||||
7 | Superintendent's performance-based contract along with the | ||||||
8 | goals and
indicators of student performance and academic | ||||||
9 | improvement used to measure the
performance and effectiveness | ||||||
10 | of the State Superintendent.
The State Board of Education may | ||||||
11 | delegate
to the State Superintendent of Education the authority | ||||||
12 | to act on the Board's
behalf, provided such delegation is made | ||||||
13 | pursuant to adopted board policy
or the powers delegated are | ||||||
14 | ministerial in nature. The State Board may
not delegate | ||||||
15 | authority under this Section to the State Superintendent to
(1) | ||||||
16 | nonrecognize school districts, (2) withhold State payments as a | ||||||
17 | penalty,
or (3) make final decisions under the contested case | ||||||
18 | provisions of the Illinois
Administrative Procedure Act unless | ||||||
19 | otherwise provided by law.
| ||||||
20 | C. The powers and duties of the State Board of Education | ||||||
21 | shall encompass all
duties delegated to the Office of | ||||||
22 | Superintendent of Public Instruction on
January 12, 1975, | ||||||
23 | except as the law providing for such powers and duties is
| ||||||
24 | thereafter amended, and such other powers and duties as the | ||||||
25 | General Assembly
shall designate. The Board shall be | ||||||
26 | responsible for the educational policies
and guidelines for |
| |||||||
| |||||||
1 | public schools, pre-school through grade
12 and Vocational | ||||||
2 | Education in the State of Illinois. The Board shall
analyze the | ||||||
3 | present and future aims, needs, and requirements of
education | ||||||
4 | in the State of Illinois and recommend to the General Assembly
| ||||||
5 | the powers which should be exercised by the Board. Every year, | ||||||
6 | the The Board shall
recommend the passage and the legislation | ||||||
7 | necessary to determine the
appropriate relationship between | ||||||
8 | the Board and local boards of education
and the various State | ||||||
9 | agencies and shall recommend desirable
modifications in the | ||||||
10 | laws which affect schools.
| ||||||
11 | D. Two members of the Board shall be appointed by the | ||||||
12 | chairperson
to serve on a standing joint Education Committee, 2 | ||||||
13 | others shall be
appointed from the Board of Higher Education, 2
| ||||||
14 | others shall be appointed by the chairperson of the
Illinois | ||||||
15 | Community College Board, and 2 others shall be appointed by the
| ||||||
16 | chairperson of the Human Resource Investment Council. The
| ||||||
17 | Committee shall be
responsible for making recommendations | ||||||
18 | concerning the submission of any
workforce development plan or | ||||||
19 | workforce training program required by federal
law or under any | ||||||
20 | block grant authority. The Committee will be
responsible for | ||||||
21 | developing policy on matters of mutual concern to
elementary, | ||||||
22 | secondary and higher education such as Occupational and
Career | ||||||
23 | Education, Teacher Preparation and Certification, Educational
| ||||||
24 | Finance, Articulation between Elementary, Secondary and Higher | ||||||
25 | Education
and Research and Planning. The joint Education | ||||||
26 | Committee shall meet at
least quarterly and submit an annual |
| |||||||
| |||||||
1 | report of its findings,
conclusions, and recommendations to the | ||||||
2 | State Board of Education, the Board of
Higher Education, the | ||||||
3 | Illinois Community College Board,
the Human Resource | ||||||
4 | Investment Council, the Governor, and the
General
Assembly. All | ||||||
5 | meetings of this Committee shall be official meetings for
| ||||||
6 | reimbursement under this Act. On the effective date of this | ||||||
7 | amendatory Act of the 95th General Assembly, the Joint | ||||||
8 | Education Committee is abolished.
| ||||||
9 | E. Five members of the Board shall constitute a quorum. A
| ||||||
10 | majority
vote of the members appointed, confirmed and serving | ||||||
11 | on the Board is
required to approve any action , except that the | ||||||
12 | 7 new Board members who were appointed to fill seats of members | ||||||
13 | whose terms were terminated on the effective date of this | ||||||
14 | amendatory act of the 93rd General Assembly may vote to approve | ||||||
15 | actions when appointed and serving .
| ||||||
16 | E-5. The Board shall prepare and submit to the General | ||||||
17 | Assembly and the
Governor on or before January 14, 1976 and | ||||||
18 | annually thereafter a report
or reports of its findings and | ||||||
19 | recommendations. Such annual report shall
contain a separate | ||||||
20 | section which provides a critique and analysis of the
status of | ||||||
21 | education in Illinois and which identifies its specific | ||||||
22 | problems
and recommends express solutions therefor.
Such | ||||||
23 | annual report also shall contain the following information for | ||||||
24 | the
preceding year ending on June 30: each act or omission of a | ||||||
25 | school district
of which the State Board of Education has | ||||||
26 | knowledge as a consequence of
scheduled, approved visits and |
| |||||||
| |||||||
1 | which constituted a
failure by the district to comply with | ||||||
2 | applicable State or federal laws or
regulations relating to | ||||||
3 | public education, the name of such district, the date
or dates | ||||||
4 | on which the State Board of Education notified the school | ||||||
5 | district of
such act or omission, and what action, if any, the | ||||||
6 | school district took with
respect thereto after being notified | ||||||
7 | thereof by the State Board of Education.
The report shall also | ||||||
8 | include the statewide high school dropout rate by
grade level, | ||||||
9 | sex and race and the annual student dropout rate of and the
| ||||||
10 | number of students who graduate from, transfer from or | ||||||
11 | otherwise leave
bilingual programs. The annual report shall | ||||||
12 | include any recommended legislation that the Board considers | ||||||
13 | appropriate for the educational needs of this State and how far | ||||||
14 | behind the federal government is on No Child Left Behind Act | ||||||
15 | funding for this State. The Auditor General shall annually | ||||||
16 | perform a
compliance audit of the State Board of Education's | ||||||
17 | performance of the
reporting duty imposed by this subsection | ||||||
18 | E-5 amendatory Act of 1986 . A regular system of
communication | ||||||
19 | with other directly related State agencies shall be
| ||||||
20 | implemented.
| ||||||
21 | The requirement for reporting to the General Assembly shall | ||||||
22 | be satisfied
by filing copies of the report with the Speaker, | ||||||
23 | the Minority Leader and
the Clerk of the House of | ||||||
24 | Representatives and the President, the Minority
Leader and the | ||||||
25 | Secretary of the Senate and the Legislative Council, as | ||||||
26 | required
by Section 3.1 of the General
Assembly Organization |
| |||||||
| |||||||
1 | Act, and
filing such additional
copies with the State | ||||||
2 | Government Report Distribution Center for the General
Assembly | ||||||
3 | as is required under paragraph (t) of Section 7 of the State | ||||||
4 | Library
Act.
| ||||||
5 | F. Upon all of the new members initially to be appointed | ||||||
6 | under this amendatory Act of the 95th General Assembly taking | ||||||
7 | office appointment of the 7 new Board members who were | ||||||
8 | appointed to fill seats of members whose terms were terminated | ||||||
9 | on the effective date of this amendatory Act of the 93rd | ||||||
10 | General Assembly , the Board shall review all of its current | ||||||
11 | rules in an effort to streamline procedures, improve | ||||||
12 | efficiency, and eliminate unnecessary forms and paperwork.
| ||||||
13 | G. The Board shall provide the General Assembly with a | ||||||
14 | separate budget that shows what is needed to fully fund all
| ||||||
15 | State mandates and to meet the educational needs of this State. | ||||||
16 | This budget must be filed with the Secretary of the Senate and | ||||||
17 | the Clerk of the House of Representatives at the same time that | ||||||
18 | the information required to be submitted to the General | ||||||
19 | Assembly under subdivision (b) of Section 6 of the Governor's | ||||||
20 | Office of Management and Budget Act is filed with the Secretary | ||||||
21 | of the Senate and the Clerk of the House of Representatives. | ||||||
22 | H. Notwithstanding any other rulemaking authority that may
| ||||||
23 | exist, neither the Governor nor any agency or agency head under
| ||||||
24 | the jurisdiction of the Governor has any authority to make or
| ||||||
25 | promulgate rules to implement or enforce the provisions of this
| ||||||
26 | amendatory Act of the 95th General Assembly. If, however, the
|
| |||||||
| |||||||
1 | Governor believes that rules are necessary to implement or
| ||||||
2 | enforce the provisions of this amendatory Act of the 95th
| ||||||
3 | General Assembly, the Governor may suggest rules to the General | ||||||
4 | Assembly by filing them with the Clerk of the House and the
| ||||||
5 | Secretary of the Senate and by requesting that the General
| ||||||
6 | Assembly authorize such rulemaking by law, enact those
| ||||||
7 | suggested rules into law, or take any other appropriate action
| ||||||
8 | in the General Assembly's discretion. Nothing contained in this
| ||||||
9 | amendatory Act of the 95th General Assembly shall be
| ||||||
10 | interpreted to grant rulemaking authority under any other
| ||||||
11 | Illinois statute where such authority is not otherwise
| ||||||
12 | explicitly given. For the purposes of this amendatory Act of
| ||||||
13 | the 95th General Assembly, "rules" is given the meaning
| ||||||
14 | contained in Section 1-70 of the Illinois Administrative
| ||||||
15 | Procedure Act, and "agency" and "agency head" are given the
| ||||||
16 | meanings contained in Sections 1-20 and 1-25 of the Illinois
| ||||||
17 | Administrative Procedure Act to the extent that such
| ||||||
18 | definitions apply to agencies or agency heads under the
| ||||||
19 | jurisdiction of the Governor. | ||||||
20 | (Source: P.A. 95-626, eff. 6-1-08.)
| ||||||
21 | (105 ILCS 5/1A-12 new)
| ||||||
22 | Sec. 1A-12. State Board of Education Advisory Board. | ||||||
23 | (a) There is created the State Board of Education Advisory | ||||||
24 | Board composed of 8 members of the General Assembly who are | ||||||
25 | appointed, 2 each, by the President of the Senate, the Minority |
| |||||||
| |||||||
1 | Leader of the Senate, the Speaker of the House of | ||||||
2 | Representatives, and the Minority Leader of the House of | ||||||
3 | Representatives. | ||||||
4 | (b) Members of the Advisory Board shall serve for 2 years. | ||||||
5 | Vacancies shall be filled by appointment for the unexpired term | ||||||
6 | in the same manner as original appointments are made. The | ||||||
7 | Advisory Board shall elect 2 co-chairpersons from among its | ||||||
8 | members, one a House member and one a Senate member. The 2
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9 | co-chairpersons must represent different political parties. | ||||||
10 | (c) Members of the Advisory Board shall serve without | ||||||
11 | compensation, but must be reimbursed by the State Board of
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12 | Education, from funds appropriated for that purpose, for | ||||||
13 | necessary expenses in connection with the performance of the | ||||||
14 | Advisory Board's duties. | ||||||
15 | (d) The Advisory Board (i) shall meet quarterly or as | ||||||
16 | needed, (ii) shall produce and request any reports it deems | ||||||
17 | necessary, (iii) shall provide advisory oversight of the State | ||||||
18 | Board of Education, and (iv) shall work with the State Board of | ||||||
19 | Education in an advisory capacity to implement the State | ||||||
20 | Board's powers and duties. | ||||||
21 | (105 ILCS 5/1A-13 new)
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22 | Sec. 1A-13. Ex parte communications. | ||||||
23 | (a) This Section applies to ex parte communications made to | ||||||
24 | the State Board of Education. | ||||||
25 | (b) In this Section, "ex parte communication" means any |
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1 | written or oral communication by any person that imparts or | ||||||
2 | requests material information or makes a material argument | ||||||
3 | regarding potential action concerning financial, budgetary, or | ||||||
4 | investment matters pending before or under consideration by the | ||||||
5 | State Board of Education. "Ex parte communication" does not | ||||||
6 | include (i) statements by a person publicly made in a public | ||||||
7 | forum, (ii) statements regarding matters of procedure and | ||||||
8 | practice, such as format, the number of copies required, the | ||||||
9 | manner of filing, and the status of a matter, and (iii) | ||||||
10 | statements made by an employee of the State Board to the agency | ||||||
11 | head of the State Board or to other employees of the State | ||||||
12 | Board. | ||||||
13 | (c) An ex parte communication received by the State Board | ||||||
14 | of Education, the State Superintendent of Education, or other | ||||||
15 | State Board employee from the Governor or his or her official | ||||||
16 | representative, employee, or attorney shall promptly be | ||||||
17 | memorialized and made a part of the record. The ex parte | ||||||
18 | communication shall promptly be filed with the Executive Ethics | ||||||
19 | Commission, including all written communications, all written | ||||||
20 | responses to the communications, and a memorandum stating the | ||||||
21 | nature and substance of all oral communications, the identity | ||||||
22 | and job title of the person to whom each communication was | ||||||
23 | made, all responses made, the identity and job title of the | ||||||
24 | person making each response, the identity of each person from | ||||||
25 | whom the written or oral ex parte communication was received, | ||||||
26 | the individual or entity represented by that person, any action |
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1 | the person requested or recommended, and any other pertinent | ||||||
2 | information. This disclosure shall also contain the date of any | ||||||
3 | ex parte communication. | ||||||
4 | (d) Ex parte communications filed with the Executive Ethics | ||||||
5 | Commission under this Section must be open to public | ||||||
6 | inspection. | ||||||
7 | (e) Any person who fails to (i) report an ex parte | ||||||
8 | communication, (ii) make information part of the record, or | ||||||
9 | (iii) make a filing with the Executive Ethics Commission as | ||||||
10 | required by this Section violates the State Officials and | ||||||
11 | Employees Ethics Act. | ||||||
12 | Section 95. No acceleration or delay. Where this Act makes | ||||||
13 | changes in a statute that is represented in this Act by text | ||||||
14 | that is not yet or no longer in effect (for example, a Section | ||||||
15 | represented by multiple versions), the use of that text does | ||||||
16 | not accelerate or delay the taking effect of (i) the changes | ||||||
17 | made by this Act or (ii) provisions derived from any other | ||||||
18 | Public Act. | ||||||
19 | Section 97. Severability. The provisions of this Act are | ||||||
20 | severable under Section 1.31 of the Statute on Statutes.
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.
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