HB4080 97TH GENERAL ASSEMBLY

LRB097 17140 NHT 62338 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4080

Introduced , by Rep. Monique D. Davis

SYNOPSIS AS INTRODUCED:

See Index

Creates the Department of Education Act and amends the Civil Administrative Code of Illinois, the School Code, the Board of Higher Education Act, and the Public Community College Act. Creates the Department of Education, with a Secretary of Education as its head. Provides that, in order to create continuity between all levels of education, the Department shall oversee the State Board of Education, the Board of Higher Education, and the Illinois Community College Board and coordinate and streamline the functions of these boards until January 1, 2014. Provides that all of the rights, powers, duties, and functions vested by law in the State Board of Education (except the State Board of Education's duty under the Illinois Constitution to appoint a chief State educational officer), the State Superintendent of Education, the Board of Higher Education, and the Illinois Community College Board are transferred to the Department of Education on January 1, 2014; abolishes the Board of Higher Education and the Illinois Community College Board on that date. Provides for the transfer of personnel and property. Makes other changes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Department of Education Act.

Section 5. Department defined. In this Act, "Department" means the Department of Education.

Section 10. General powers and duties.

(a) The Department shall begin operation on July 1, 2013. The Department shall exercise the rights, powers, duties, and functions provided by law, including without limitation the rights, powers, duties, and functions transferred to the Department under Section 15 of this Act.

(b) The Department may employee persons, provide facilities, contract for goods and services, and adopt rules as necessary to carry out its functions and purposes, all in accordance with applicable law.

(c) In order to create continuity between all levels of education, the Department shall oversee the State Board of Education, the Board of Higher Education, and the Illinois Community College Board and coordinate and streamline the functions of these boards until January 1, 2014.

(d) The Department shall create an Elementary and Secondary Education Division and a Vocational Education Division within the Department.

Section 15. Transfer of powers. Except as otherwise provided in subsection (b) of Section 2 of Article X of the Constitution of the State of Illinois and subsection B of Section 1A-4 of the School Code, all of the rights, powers, duties, and functions vested by law in the State Board of Education, the State Superintendent of Education, the Board of Higher Education, or the Illinois Community College Board or in any office, council, committee, division, or bureau of the State Board of Education, the State Superintendent of Education, the Board of Higher Education, or the Illinois Community College Board are transferred to the Department on January 1, 2014.

Section 20. Transfer of personnel.

(a) Personnel employed by the State Board of Education, the State Superintendent of Education, the Board of Higher Education, or the Illinois Community College Board on December 31, 2013 are transferred to the Department on January 1, 2014.

(b) The Department shall continue in effect all collective bargaining agreements in existence on December 31, 2013 between the State Board of Education, the Board of Higher Education, or the Illinois Community College Board and labor organizations representing personnel of the State Board of Education, the Board of Higher Education, or the Illinois Community College Board, respectively, and the Department shall continue to recognize these labor organizations as the exclusive bargaining representatives for the personnel, pursuant to the Illinois Educational Labor Relations Act.

(c) The rights of State employees, the State, and its agencies under the Personnel Code and applicable collective bargaining agreements and retirement plans are not affected by this Act.

Section 25. Transfer of property. All books, records, documents, property (real and personal), unexpended appropriations, including both obligated and unobligated appropriations, and pending business pertaining to the rights, powers, duties, and functions transferred to the Department under this Act shall be transferred and delivered to the Department on January 1, 2014, unless otherwise directed by the Governor. The Department is the successor agency of the State Board of Education, the State Superintendent of Education, the Board of Higher Education, and the Illinois Community College Board for purposes of Section 9b of the State Finance Act and the Successor Agency Act.

Section 30. Rules, standards, and procedures.

(a) The rules, standards, and procedures of the State Board of Education, the State Superintendent of Education, the Board of Higher Education, or the Illinois Community College Board that are in effect on December 31, 2013 and pertain to the rights, powers, duties, and functions transferred to the Department under this Act shall become the rules, standards, and procedures of the Department on January 1, 2014 and shall continue in effect until amended or repealed by the Department.

(b) Any rules pertaining to the rights, powers, duties, and functions transferred to the Department under this Act that have been proposed by the State Board of Education, the State Superintendent of Education, the Board of Higher Education, or the Illinois Community College Board but have not taken effect or been finally adopted or on before December 31, 2013 shall become proposed rules of the Department on January 1, 2014, and any rulemaking procedures that have already been completed by the State Board of Education, the State Superintendent of Education, the Board of Higher Education, or the Illinois Community College Board for those proposed rules need not be repeated.

Section 35. Savings provisions.

(a) The rights, powers, duties, and functions transferred to the Department by this Act shall be vested in and exercised by the Department subject to the provisions of this Act. An act done by the Department or an officer, employee, or agent of the Department in the exercise of the transferred rights, powers, duties, or functions shall have the same legal effect as if done by the State Board of Education, the Board of Higher Education, or the Illinois Community College Board or an officer, employee, or agent of the State Board of Education, the Board of Higher Education, or the Illinois Community College Board.

(b) The transfer of rights, powers, duties, and functions to the Department under this Act does not invalidate any previous actions taken by or in respect to the State Board of Education, the Board of Higher Education, or the Illinois Community College Board or its officers, employees, or agents. On January 1, 2014, references to the State Board of Education, the Board of Higher Education, or the Illinois Community College Board or its officers, employees, or agents in any document, contract, agreement, or law (other than this Act, Sections 1A-0.01, 1A-1, 1A-2, 1A-2.1, 1A-3.5, and 1A-4 of the School Code, Section 2 of the Board of Higher Education Act, and Section 2-1 of the Public Community College Act) shall, in appropriate contexts, be deemed to refer to the Department or its officers, employees, or agents.

(c) The transfer of rights, powers, duties, and functions to the Department under this Act does not affect any person's rights, obligations, or duties, including any civil or criminal penalties applicable thereto, arising out of those transferred rights, powers, duties, and functions.

Section 90. The Civil Administrative Code of Illinois is amended by changing Sections 5-15 and 5-20 and by adding Section 5-338 as follows:

(20 ILCS 5/5-15) (was 20 ILCS 5/3)

Sec. 5-15. Departments of State government. The Departments of State government are created as follows:

The Department on Aging.

The Department of Agriculture.

The Department of Central Management Services.

The Department of Children and Family Services.

The Department of Commerce and Economic Opportunity.

The Department of Corrections.

The Department of Education.

The Department of Employment Security.

The Illinois Emergency Management Agency.

The Department of Financial and Professional Regulation.

The Department of Healthcare and Family Services.

The Department of Human Rights.

The Department of Human Services.

The Department of Juvenile Justice.

The Department of Labor.

The Department of the Lottery.

The Department of Natural Resources.

The Department of Public Health.

The Department of Revenue.

The Department of State Police.

The Department of Transportation.

The Department of Veterans' Affairs.

(Source: P.A. 96-328, eff. 8-11-09; 97-618, eff. 10-26-11.)

(20 ILCS 5/5-20) (was 20 ILCS 5/4)

Sec. 5-20. Heads of departments. Each department shall have an officer as its head who shall be known as director or secretary and who shall, subject to the provisions of the Civil Administrative Code of Illinois, execute the powers and discharge the duties vested by law in his or her respective department.

The following officers are hereby created:

Director of Aging, for the Department on Aging.

Director of Agriculture, for the Department of Agriculture.

Director of Central Management Services, for the Department of Central Management Services.

Director of Children and Family Services, for the Department of Children and Family Services.

Director of Commerce and Economic Opportunity, for the Department of Commerce and Economic Opportunity.

Director of Corrections, for the Department of Corrections.

Secretary of Education, for the Department of Education.

Director of the Illinois Emergency Management Agency, for the Illinois Emergency Management Agency.

Director of Employment Security, for the Department of Employment Security.

Secretary of Financial and Professional Regulation, for the Department of Financial and Professional Regulation.

Director of Healthcare and Family Services, for the Department of Healthcare and Family Services.

Director of Human Rights, for the Department of Human Rights.

Secretary of Human Services, for the Department of Human Services.

Director of Juvenile Justice, for the Department of Juvenile Justice.

Director of Labor, for the Department of Labor.

Director of Natural Resources, for the Department of Natural Resources.

Director of Public Health, for the Department of Public Health.

Director of Revenue, for the Department of Revenue.

Director of State Police, for the Department of State Police.

Secretary of Transportation, for the Department of Transportation.

Director of Veterans' Affairs, for the Department of Veterans' Affairs.

(Source: P.A. 96-328, eff. 8-11-09; 97-464, eff. 10-15-11; 97-618, eff. 10-26-11; revised 11-9-11.)

(20 ILCS 5/5-338 new)

Sec. 5-338. In the Department of Education. The Secretary of Education shall receive an annual salary as set by the Governor.

Section 95. The School Code is amended by changing the heading of Article 1A, by adding Sections 1A-0.01 and 1A-3.5, and by changing Section 1A-4 as follows:

(105 ILCS 5/Art. 1A heading)

ARTICLE 1A. DEPARTMENT OF EDUCATION AND STATE BOARD OF

EDUCATION

(105 ILCS 5/1A-0.01 new)

Sec. 1A-0.01. References to former State Board of Education and State Superintendent of Education. Except for references in this Section and Sections 1A-1, 1A-2, 1A-2.1, 1A-3.5, and 1A-4, beginning on January 1, 2014, references in this Code to the State Board of Education or State Superintendent of Education shall, in appropriate contexts, be deemed to refer to the Department of Education or the Secretary of Education, respectively.

(105 ILCS 5/1A-3.5 new)

Sec. 1A-3.5. Report to Department of Education. The State Board of Education shall report directly to the Department of Education, shall comply with all requests from the Department of Education, and shall exercise those powers and perform those duties assigned to the State Board of Education by the Department of Education, with the Elementary and Secondary Education Division of the Department of Education being the appropriate authority with respect to matters regarding elementary and secondary education and the Vocational Education Division of the Department of Education being the appropriate authority with respect to matters regarding vocational education.

(105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)

Sec. 1A-4. Powers and duties of the Board and Department.

A. (Blank).

B. The State Board of Education Board shall determine the qualifications of and appoint a chief education officer, to be known as the State Superintendent of Education, who may be proposed by the Governor and who shall serve at the pleasure of the Board and pursuant to a performance-based contract linked to statewide student performance and academic improvement within Illinois schools. Upon expiration or buyout of the contract of the State Superintendent of Education in office on the effective date of this amendatory Act of the 93rd General Assembly, a State Superintendent of Education shall be appointed by a State Board of Education that includes the 7 new Board members who were appointed to fill seats of members whose terms were terminated on the effective date of this amendatory Act of the 93rd General Assembly. Thereafter, a State Superintendent of Education must, at a minimum, be appointed at the beginning of each term of a Governor after that Governor has made appointments to the Board. A performance-based contract issued for the employment of a State Superintendent of Education entered into on or after the effective date of this amendatory Act of the 93rd General Assembly must expire no later than February 1, 2007, and subsequent contracts must expire no later than February 1 each 4 years thereafter. No contract shall be extended or renewed beyond February 1, 2007 and February 1 each 4 years thereafter, but a State Superintendent of Education shall serve until his or her successor is appointed. Each contract entered into on or before January 8, 2007 with a State Superintendent of Education must provide that the State Board of Education may terminate the contract for cause, and the State Board of Education shall not thereafter be liable for further payments under the contract. With regard to this amendatory Act of the 93rd General Assembly, it is the intent of the General Assembly that, beginning with the Governor who takes office on the second Monday of January, 2007, a State Superintendent of Education be appointed at the beginning of each term of a Governor after that Governor has made appointments to the Board. The State Superintendent of Education shall not serve as a member of the State Board of Education, but . The Board shall set the compensation of the State Superintendent of Education who shall serve as the Board's chief executive officer. The State Superintendent of Education shall receive an annual salary as set by the Governor. The Board shall also establish the duties, powers and responsibilities of the State Superintendent, which shall be included in the State Superintendent's performance-based contract along with the goals and indicators of student performance and academic improvement used to measure the performance and effectiveness of the State Superintendent. The State Board of Education may delegate to the State Superintendent of Education the authority to act on the Board's behalf, provided such delegation is made pursuant to adopted board policy or the powers delegated are ministerial in nature. The State Board may not delegate authority under this Section to the State Superintendent to (1) nonrecognize school districts, (2) withhold State payments as a penalty, or (3) make final decisions under the contested case provisions of the Illinois Administrative Procedure Act unless otherwise provided by law.

The State Board of Education's powers and duties are limited by law, as provided in Section 2 of Article X of the Illinois Constitution, to those powers and duties specified under Section 1A-3.5 of this Code.

C. The powers and duties of the Department State Board of Education shall encompass all duties delegated to the Office of Superintendent of Public Instruction on January 12, 1975, except as the law providing for such powers and duties is thereafter amended, and such other powers and duties as the General Assembly shall designate. The Department Board shall be responsible for the educational policies and guidelines for public schools, pre-school through grade 12 and Vocational Education in the State of Illinois. The Department Board shall analyze the present and future aims, needs, and requirements of education in the State of Illinois and recommend to the General Assembly the powers which should be exercised by the Department Board. The Department Board shall recommend the passage and the legislation necessary to determine the appropriate relationship between the Department Board and local boards of education and the various State agencies and shall recommend desirable modifications in the laws which affect schools.

D. (Blank). Two members of the Board shall be appointed by the chairperson to serve on a standing joint Education Committee, 2 others shall be appointed from the Board of Higher Education, 2 others shall be appointed by the chairperson of the Illinois Community College Board, and 2 others shall be appointed by the chairperson of the Human Resource Investment Council. The Committee shall be responsible for making recommendations concerning the submission of any workforce development plan or workforce training program required by federal law or under any block grant authority. The Committee will be responsible for developing policy on matters of mutual concern to elementary, secondary and higher education such as Occupational and Career Education, Teacher Preparation and Certification, Educational Finance, Articulation between Elementary, Secondary and Higher Education and Research and Planning. The joint Education Committee shall meet at least quarterly and submit an annual report of its findings, conclusions, and recommendations to the State Board of Education, the Board of Higher Education, the Illinois Community College Board, the Human Resource Investment Council, the Governor, and the General Assembly. All meetings of this Committee shall be official meetings for reimbursement under this Act. On the effective date of this amendatory Act of the 95th General Assembly, the Joint Education Committee is abolished.

E. Five members of the State Board of Education Board shall constitute a quorum. A majority vote of the members appointed, confirmed and serving on the Board is required to approve any action, except that the 7 new Board members who were appointed to fill seats of members whose terms were terminated on the effective date of this amendatory act of the 93rd General Assembly may vote to approve actions when appointed and serving.

Using the most recently available data, the Department of Education Board shall prepare and submit to the General Assembly and the Governor on or before January 14, 2014 1976 and annually thereafter a report or reports of its findings and recommendations. Such annual report shall contain a separate section which provides a critique and analysis of the status of education in Illinois and which identifies its specific problems and recommends express solutions therefor. Such annual report also shall contain the following information for the preceding year ending on June 30: each act or omission of a school district of which the Department State Board of Education has knowledge as a consequence of scheduled, approved visits and which constituted a failure by the district to comply with applicable State or federal laws or regulations relating to public education, the name of such district, the date or dates on which the Department State Board of Education notified the school district of such act or omission, and what action, if any, the school district took with respect thereto after being notified thereof by the Department State Board of Education. The report shall also include the statewide high school dropout rate by grade level, sex and race and the annual student dropout rate of and the number of students who graduate from, transfer from or otherwise leave bilingual programs. The Auditor General shall annually perform a compliance audit of the Department State Board of Education's performance of the reporting duty imposed by this amendatory Act of 1986. A regular system of communication with other directly related State agencies shall be implemented.

The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report with the Speaker, the Minority Leader and the Clerk of the House of Representatives and the President, the Minority Leader and the Secretary of the Senate and the Legislative Council, as required by Section 3.1 of the General Assembly Organization Act, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.

F. Upon appointment of the 7 new Board members who were appointed to fill seats of members whose terms were terminated on the effective date of this amendatory Act of the 93rd General Assembly, the Board shall review all of its current rules in an effort to streamline procedures, improve efficiency, and eliminate unnecessary forms and paperwork.

(Source: P.A. 95-626, eff. 6-1-08; 95-793, eff. 1-1-09.)

Section 100. The Board of Higher Education Act is amended by changing Section 2 and by adding Section 5.5 as follows:

(110 ILCS 205/2) (from Ch. 144, par. 182)

Sec. 2. Board of Higher Education; abolishment.

(a) There is created a Board of Higher Education to consist of 16 members as follows: 10 members appointed by the Governor, by and with the advice and consent of the Senate; one member of a public university governing board, appointed by the Governor without the advice and consent of the Senate; one member of a private college or university board of trustees, appointed by the Governor without the advice and consent of the Senate; the chairman of the Illinois Community College Board; the chairman of the Illinois Student Assistance Commission; and 2 student members selected by the recognized advisory committee of students of the Board of Higher Education, one of whom must be a non-traditional undergraduate student who is at least 24 years old and represents the views of non-traditional students, such as a person who is employed or is a parent. Beginning on July 1, 2005, one of the 10 members appointed by the Governor, by and with the advice and consent of the Senate, must be a faculty member at an Illinois public university. The Governor shall designate the Chairman of the Board to serve until a successor is designated. The chairmen of the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Governors of State Colleges and Universities, and the Board of Regents of Regency Universities shall cease to be members of the Board of Higher Education on the effective date of this amendatory Act of 1995. No more than 7 of the members appointed by the Governor, excluding the Chairman, shall be affiliated with the same political party. The 10 members appointed by the Governor with the advice and consent of the Senate shall be citizens of the State and shall be selected, as far as may be practicable, on the basis of their knowledge of, or interest or experience in, problems of higher education. If the Senate is not in session or is in recess, when appointments subject to its confirmation are made, the Governor shall make temporary appointments which shall be subject to subsequent Senate approval.

(b) On January 1, 2014, the Board is abolished and the terms of all members end. Except for references in this Section, beginning on January 1, 2014, references in this Act to the Board of Higher Education shall, in appropriate contexts, be deemed to refer to the Department of Education.

(Source: P.A. 93-429, eff. 1-1-04; 94-905, eff. 1-1-07.)

(110 ILCS 205/5.5 new)

(Section scheduled to be repealed on January 1, 2014)

Sec. 5.5. Report to Department of Education. The Board shall report directly to the Department of Education, shall comply with all requests from the Department of Education, and shall exercise those powers and perform those duties assigned to the Board by the Department of Education. This Section is repealed on January 1, 2014.

Section 105. The Public Community College Act is amended by changing Section 2-1 and by adding Section 2-9.5 as follows:

(110 ILCS 805/2-1) (from Ch. 122, par. 102-1)

Sec. 2-1. Illinois Community College Board; abolishment.

(a) There is created the Illinois Community College Board hereinafter referred to as the "State Board". The State Board shall consist of 12 members as follows: a nonvoting student member selected by the recognized advisory committee of students of the Illinois Community College Board, this student to serve for a term of one year beginning on July 1 of each year, except that the student member initially selected shall serve a term beginning on the date of such selection and expiring on the next succeeding June 30, and except that any student member or former student member may be selected by the recognized advisory committee of students of the State Board to serve a second term as the nonvoting student member of the State Board; and 11 members, one of whom shall be a senior citizen age 60 or over, to be appointed by the Governor by and with the advice and consent of the Senate. Beginning on July 1, 2005, one of the 11 members appointed by the Governor, by and with the advice and consent of the Senate, must be a faculty member at an Illinois public community college. Also beginning on July 1, 2005, one of the 11 members appointed by the Governor, by and with the advice and consent of the Senate, must be a member of the board of trustees of a public community college district. The membership requirements set forth in this Section apply only to the State Board and shall have no effect on the membership of the board of trustees of a community college district. The members first appointed under this amendatory Act of 1984 shall serve for a term of 6 years. After the expiration of the terms of the office of the members first appointed to the State Board, their respective successors shall hold office for a term of 6 years and until their successors are qualified and seated. In the event of vacancies on the State Board in offices appointed by the Governor occurring during a recess of the Senate, the Governor shall have the power to make temporary appointments until the next meeting of the Senate, when the vacancy shall be filled by nomination to be confirmed by the Senate.

(b) On January 1, 2014, the State Board is abolished and the terms of all members end. Except for references in this Section, beginning on January 1, 2014, references in this Act to the Illinois Community College Board shall, in appropriate contexts, be deemed to refer to the Department of Education.

(Source: P.A. 94-157, eff. 7-8-05.)

(110 ILCS 805/2-9.5 new)

(Section scheduled to be repealed on January 1, 2014)

Sec. 2-9.5. Report to Department of Education. The State Board shall report directly to the Department of Education, shall comply with all requests from the Department of Education, and shall exercise those powers and perform those duties assigned to the State Board by the Department of Education, with the Vocational Education Division of the Department of Education being the appropriate authority with respect to matters regarding vocational education. This Section is repealed on January 1, 2014.