Elementary & Secondary Education Committee
Filed: 3/5/2008
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1 | AMENDMENT TO HOUSE BILL 4232
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2 | AMENDMENT NO. ______. Amend House Bill 4232 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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 |
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1 | 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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6 | (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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15 | (c) Make, at the discretion of the Director, further | ||||||
16 | inquiries and
investigations as to any item desired.
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17 | (d) Approve, disapprove or alter the estimates.
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18 | (Source: P.A. 93-25, eff. 6-20-03.)
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19 | 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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22 | (105 ILCS 5/1A-1) (from Ch. 122, par. 1A-1)
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23 | Sec. 1A-1. Members and terms.
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24 | (a) (Blank).
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1 | (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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1 | 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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4 | 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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10 | 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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1 | 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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1 | 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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1 | 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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16 | 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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1 | 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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24 | (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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1 | 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 | (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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1 | 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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1 | 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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1 | 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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1 | 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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1 | 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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13 | (Source: P.A. 93-1036, eff. 9-14-04.)
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14 | (105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)
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15 | Sec. 1A-2. Qualifications.
The members of
the State Board | ||||||
16 | of Education
shall be citizens of the United States and
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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
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25 | of a school board or board of school trustees of a public or |
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1 | 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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10 | (Source: P.A. 90-548, eff. 1-1-98.)
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11 | (105 ILCS 5/1A-2.1) (from Ch. 122, par. 1A-2.1)
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12 | 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
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19 | Education when one or more of the following events occur:
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20 | 1. A member dies.
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21 | 2. A member files a written resignation with the Governor.
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22 | 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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1 | 4. A member ceases to be a resident of the region from
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2 | which he or she was appointed.
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3 | 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.
| ||||||
6 | 6. A member fails to maintain the qualifications stated in | ||||||
7 | Section
1A-2 of this Code.
| ||||||
8 | (Source: P.A. 93-1036, eff. 9-14-04.)
| ||||||
9 | (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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
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1 | Public Act. | ||||||
2 | Section 97. Severability. The provisions of this Act are | ||||||
3 | severable under Section 1.31 of the Statute on Statutes.
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4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.".
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