99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1621

 

Introduced 2/20/2015, by Sen. Pat McGuire

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Board of Higher Education Act, the Higher Education Cooperation Act, and the Public Community College Act. Removes application to public community colleges and the Illinois Community College Board (ICCB) with respect to provisions concerning the Board of Higher Education's (IBHE) information system, approval of new units of instruction, research, and public service and review of existing programs of instruction, research, and public service, approval of plans for capital improvements of non-instructional facilities, and examination of the books, records, files, and other information of a public institution of higher education and submission of budget proposals to IBHE for operations and capital needs. Provides for IBHE's master plan and admission standards for public community colleges to be made in cooperation with the Illinois Community College Board. With respect to the authority of IBHE over community colleges in provisions concerning performance metrics and the underrepresentation of certain groups in higher education, changes that authority to ICCB. Removes the requirement that IBHE approve requests for new community college districts and approve educational service contracts (instead requiring just ICCB approval). Removes a requirement that ICCB file copies of community college financial statements with IBHE. Requires a community college district to report administrator and faculty salaries and benefits to ICCB instead of IBHE. Effective July 1, 2015.


LRB099 06600 NHT 29672 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1621LRB099 06600 NHT 29672 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Board of Higher Education Act is amended by
5changing Sections 6, 6.2, 7, 8, 9.07, 9.08, 9.16, and 12 as
6follows:
 
7    (110 ILCS 205/6)  (from Ch. 144, par. 186)
8    Sec. 6. The Board, in cooperation with the Illinois
9Community College Board, shall analyze the present and future
10aims, needs and requirements of higher education in the State
11of Illinois and prepare a master plan for the development,
12expansion, integration, coordination and efficient utilization
13of the facilities, curricula and standards of higher education
14for the public institutions of higher education in the areas of
15teaching, research and public service. The master plan shall
16also include higher education affordability and accessibility
17measures. The Board, in cooperation with the Illinois Community
18College Board, shall formulate the master plan and prepare and
19submit to the General Assembly and the Governor drafts of
20proposed legislation to effectuate the plan. The Board, in
21cooperation with the Illinois Community College Board, shall
22engage in a continuing study, an analysis, and an evaluation of
23the master plan so developed, and it shall be its

 

 

SB1621- 2 -LRB099 06600 NHT 29672 b

1responsibility to recommend, from time to time as it
2determines, amendments and modifications of any master plan
3enacted by the General Assembly.
4(Source: P.A. 96-319, eff. 1-1-10.)
 
5    (110 ILCS 205/6.2)  (from Ch. 144, par. 186.2)
6    Sec. 6.2. The Board shall, in consultation with the
7Department of Central Management Services of the State of
8Illinois, and after affording a full opportunity to the State
9universities and colleges to be heard, design and establish a
10State university and college information system to provide
11comprehensive, meaningful, and timely information pertinent to
12the formulation of decisions and recommendations by the Board.
13The information submitted by the universities and colleges
14shall be in comparable terms and the reports developed through
15the system shall conform to the procedures established by the
16Board of Higher Education in cooperation with the Department of
17Central Management Services.
18(Source: P.A. 82-789.)
 
19    (110 ILCS 205/7)  (from Ch. 144, par. 187)
20    Sec. 7. The Board of Trustees of the University of
21Illinois, the Board of Trustees of Southern Illinois
22University, the Board of Trustees of Chicago State University,
23the Board of Trustees of Eastern Illinois University, the Board
24of Trustees of Governors State University, the Board of

 

 

SB1621- 3 -LRB099 06600 NHT 29672 b

1Trustees of Illinois State University, the Board of Trustees of
2Northeastern Illinois University, the Board of Trustees of
3Northern Illinois University, the Board of Trustees of Western
4Illinois University, the Illinois Community College Board and
5the campuses under their governance or supervision shall not
6hereafter undertake the establishment of any new unit of
7instruction, research or public service without the approval of
8the Board. The term "new unit of instruction, research or
9public service" includes the establishment of a college,
10school, division, institute, department or other unit in any
11field of instruction, research or public service not
12theretofore included in the program of the institution, and
13includes the establishment of any new branch or campus. The
14term does not include reasonable and moderate extensions of
15existing curricula, research, or public service programs which
16have a direct relationship to existing programs; and the Board
17may, under its rule making power, define the character of such
18reasonable and moderate extensions.
19    Such governing boards shall submit to the Board all
20proposals for a new unit of instruction, research, or public
21service. The Board may approve or disapprove the proposal in
22whole or in part or approve modifications thereof whenever in
23its judgment such action is consistent with the objectives of
24an existing or proposed master plan of higher education.
25    The Board of Higher Education is authorized to review
26periodically all existing programs of instruction, research

 

 

SB1621- 4 -LRB099 06600 NHT 29672 b

1and public service at the State universities and colleges and
2to advise the appropriate board of control if the contribution
3of each program is not educationally and economically
4justified. Each State university shall report annually to the
5Board on programs of instruction, research, or public service
6that have been terminated, dissolved, reduced, or consolidated
7by the university. Each State university shall also report to
8the Board all programs of instruction, research, and public
9service that exhibit a trend of low performance in enrollments,
10degree completions, and high expense per degree. The Board
11shall compile an annual report that shall contain information
12on new programs created, existing programs that have been
13closed or consolidated, and programs that exhibit low
14performance or productivity. The report must be submitted to
15the General Assembly. The Board shall have the authority to
16define relevant terms and timelines by rule with respect to
17this reporting.
18(Source: P.A. 97-610, eff. 1-1-12.)
 
19    (110 ILCS 205/8)  (from Ch. 144, par. 188)
20    Sec. 8. The Board of Trustees of the University of
21Illinois, the Board of Trustees of Southern Illinois
22University, the Board of Trustees of Chicago State University,
23the Board of Trustees of Eastern Illinois University, the Board
24of Trustees of Governors State University, the Board of
25Trustees of Illinois State University, the Board of Trustees of

 

 

SB1621- 5 -LRB099 06600 NHT 29672 b

1Northeastern Illinois University, the Board of Trustees of
2Northern Illinois University, and the Board of Trustees of
3Western Illinois University, and the Illinois Community
4College Board shall submit to the Board not later than the 15th
5day of November of each year its budget proposals for the
6operation and capital needs of the institutions under its
7governance or supervision for the ensuing fiscal year. Each
8budget proposal shall conform to the procedures developed by
9the Board in the design of an information system for State
10universities and colleges.
11    In order to maintain a cohesive system of higher education,
12the Board and its staff shall communicate on a regular basis
13with all public university presidents. They shall meet at least
14semiannually to achieve economies of scale where possible and
15provide the most innovative and efficient programs and
16services.
17    The Board, in the analysis of formulating the annual budget
18request, shall consider rates of tuition and fees and
19undergraduate tuition and fee waiver programs at the State
20state universities and colleges. The Board shall also consider
21the current and projected utilization of the total physical
22plant of each campus of a university or college in approving
23the capital budget for any new building or facility.
24    The Board of Higher Education shall submit to the Governor,
25to the General Assembly, and to the appropriate budget agencies
26of the Governor and General Assembly its analysis and

 

 

SB1621- 6 -LRB099 06600 NHT 29672 b

1recommendations on such budget proposals.
2    The Board is directed to form a broad-based group of
3individuals representing the Office of the Governor, the
4General Assembly, public institutions of higher education,
5State agencies, business and industry, statewide Statewide
6organizations representing faculty and staff, and others as the
7Board shall deem appropriate to devise a system for allocating
8State resources to public institutions of higher education
9based upon performance in achieving State goals related to
10student success and certificate and degree completion.
11    The Beginning in Fiscal Year 2013, the Board of Higher
12Education and the Illinois Community College Board budget
13recommendations to the Governor and the General Assembly shall
14include allocations to public institutions of higher education
15based upon performance metrics designed to promote and measure
16student success in degree and certificate completion. Public
17university These metrics must be adopted by the Board by rule,
18and public community college metrics must be adopted by the
19Illinois Community College Board by rule. These metrics must be
20developed and promulgated in accordance with the following
21principles:
22        (1) The metrics must be developed in consultation with
23    public institutions of higher education, as well as other
24    State educational agencies and other higher education
25    organizations, associations, interests, and stakeholders
26    as deemed appropriate by the Board.

 

 

SB1621- 7 -LRB099 06600 NHT 29672 b

1        (2) The metrics shall include provisions for
2    recognizing the demands on and rewarding the performance of
3    institutions in advancing the success of students who are
4    academically or financially at risk, including
5    first-generation students, low-income students, and
6    students traditionally underrepresented in higher
7    education, as specified in Section 9.16 of this Act.
8        (3) The metrics shall recognize and account for the
9    differentiated missions of institutions and sectors of
10    higher education.
11        (4) The metrics shall focus on the fundamental goal of
12    increasing completion of college courses, certificates,
13    and degrees. Performance metrics shall recognize the
14    unique and broad mission of public community colleges
15    through consideration of additional factors including, but
16    not limited to, enrollment, progress through key academic
17    milestones, transfer to a baccalaureate institution, and
18    degree completion.
19        (5) The metrics must be designed to maintain the
20    quality of degrees, certificates, courses, and programs.
21In devising performance metrics, the Board may be guided by the
22report of the Higher Education Finance Study Commission.
23    Each State university state supported institution within
24the application of this Act must submit its plan for capital
25improvements of non-instructional facilities to the Board for
26approval before final commitments are made if the total cost of

 

 

SB1621- 8 -LRB099 06600 NHT 29672 b

1the project as approved by the institution's board of control
2is in excess of $2 million. Non-instructional uses shall
3include but not be limited to dormitories, union buildings,
4field houses, stadium, other recreational facilities and
5parking lots. The Board shall determine whether or not any
6project submitted for approval is consistent with the master
7plan for higher education and with instructional buildings that
8are provided for therein. If the project is found by a majority
9of the Board not to be consistent, such capital improvement
10shall not be constructed.
11(Source: P.A. 97-290, eff. 8-10-11; 97-320, eff. 1-1-12;
1297-610, eff. 1-1-12; 97-813, eff. 7-13-12.)
 
13    (110 ILCS 205/9.07)  (from Ch. 144, par. 189.07)
14    Sec. 9.07. Admission standards.
15    (a) Subject to the provisions of subsection (b), to
16establish minimum admission standards for public community
17colleges, in cooperation with the Illinois Community College
18Board, and for State colleges and state universities. However,
19notwithstanding any other provision of this Section or any
20other law of this State, the minimum admission standards
21established by the Board shall not directly or indirectly
22authorize or require a State college or university or public
23community college to discriminate in the admissions process
24against an applicant for admission because of the applicant's
25enrollment in a charter school established under Article 27A of

 

 

SB1621- 9 -LRB099 06600 NHT 29672 b

1the School Code. Admission standards for out-of-state students
2may be higher than for Illinois residents.
3    (b) Implementation of the new statewide minimum admission
4requirements and standards for public colleges and
5universities in Illinois established and announced by the Board
6in December, 1985 shall be deferred as provided in this
7subsection. The Board shall not attempt to implement or
8otherwise effect adoption and establishment of those minimum
9admission requirements and standards in any public community
10college, college or State university prior to the fall of 1993,
11and no public community college, college or State university
12shall be under any duty or obligation to implement, establish
13or otherwise apply those minimum admission requirements and
14standards to any entering freshmen prior to the fall of 1993.
15The Board of Higher Education shall provide the State
16Superintendent of Education, on or before January 1, 1990,
17descriptions of course content, and such other criteria as are
18necessary to determine and certify whether all school districts
19maintaining grades 9-12 are offering courses which satisfy the
20minimum admission requirements and standards established and
21announced by the Board. In addition, there shall be established
22a 9 member committee composed of 3 members selected by the
23Board of Higher Education, 3 members selected by the State
24Superintendent of Education and 3 members selected by the
25President of the Illinois Vocational Association. The
26committee shall be appointed within 30 days after the effective

 

 

SB1621- 10 -LRB099 06600 NHT 29672 b

1date of this amendatory Act. It shall be the duty and
2responsibility of the committee to identify and develop courses
3and curricula in the vocational education area which meet the
4minimum admission requirements and standards to be established
5and implemented under this Section. The first meeting of the
6committee shall be called by the Executive Director of the
7Board of Higher Education within 10 days after the committee is
8appointed. At its first meeting the committee shall organize
9and elect a chairperson. The committee's report shall be
10prepared and submitted by the committee to the Board of Higher
11Education, the Illinois State Board of Education and the
12General Assembly by April 1, 1989.
13    (c) By March 1, 1980, the Boards shall develop guidelines
14which: (1) place the emphasis on postsecondary remedial
15programs at Public Community Colleges and (2) reduces the role
16of the state universities in offering remedial programs. By
17June 30, 1981, the Board shall report to the General Assembly
18the progress made toward this transition in the emphasis on
19remedial programs at the postsecondary level and any
20legislative action that it deems appropriate. Under the
21guidelines, if a State university determines that a student
22needs remedial coursework, then the university must require
23that the student complete the remedial coursework before
24pursuing his or her major course of study.
25(Source: P.A. 95-272, eff. 8-17-07.)
 

 

 

SB1621- 11 -LRB099 06600 NHT 29672 b

1    (110 ILCS 205/9.08)  (from Ch. 144, par. 189.08)
2    Sec. 9.08. To design, establish, and supervise the
3operation of an information system for all State universities
4and colleges, to provide the Board with timely, comprehensive,
5and meaningful information pertinent to the exercise of its
6duties. The information system shall be designed to provide
7comparable data on each State university institution of higher
8education.
9(Source: P.A. 79-94.)
 
10    (110 ILCS 205/9.16)  (from Ch. 144, par. 189.16)
11    Sec. 9.16. Underrepresentation of certain groups in higher
12education. To require public universities institutions of
13higher education to develop and implement methods and
14strategies to increase the participation of minorities, women
15and handicapped individuals who are traditionally
16underrepresented in education programs and activities. For the
17purpose of this Section, minorities shall mean persons who are
18citizens of the United States or lawful permanent resident
19aliens of the United States and who are any of the following:
20        (1) American Indian or Alaska Native (a person having
21    origins in any of the original peoples of North and South
22    America, including Central America, and who maintains
23    tribal affiliation or community attachment).
24        (2) Asian (a person having origins in any of the
25    original peoples of the Far East, Southeast Asia, or the

 

 

SB1621- 12 -LRB099 06600 NHT 29672 b

1    Indian subcontinent, including, but not limited to,
2    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
3    the Philippine Islands, Thailand, and Vietnam).
4        (3) Black or African American (a person having origins
5    in any of the black racial groups of Africa). Terms such as
6    "Haitian" or "Negro" can be used in addition to "Black or
7    African American".
8        (4) Hispanic or Latino (a person of Cuban, Mexican,
9    Puerto Rican, South or Central American, or other Spanish
10    culture or origin, regardless of race).
11        (5) Native Hawaiian or Other Pacific Islander (a person
12    having origins in any of the original peoples of Hawaii,
13    Guam, Samoa, or other Pacific Islands).
14    The Board shall adopt any rules necessary to administer
15this Section. The Board shall also do the following:
16        (a) require all public universities institutions of
17    higher education to develop and submit plans for the
18    implementation of this Section;
19        (b) conduct periodic review of public universities
20    institutions of higher education to determine compliance
21    with this Section; and if the Board finds that a public
22    university institution of higher education is not in
23    compliance with this Section, it shall notify the
24    institution of steps to take to attain compliance;
25        (c) provide advice and counsel pursuant to this
26    Section;

 

 

SB1621- 13 -LRB099 06600 NHT 29672 b

1        (d) conduct studies of the effectiveness of methods and
2    strategies designed to increase participation of students
3    in education programs and activities in which minorities,
4    women and handicapped individuals are traditionally
5    underrepresented, and monitor the success of students in
6    such education programs and activities;
7        (e) encourage minority student recruitment and
8    retention in colleges and universities. In implementing
9    this paragraph, the Board shall undertake but need not be
10    limited to the following: the establishment of guidelines
11    and plans for public universities institutions of higher
12    education for minority student recruitment and retention,
13    the review and monitoring of minority student programs
14    implemented at public universities institutions of higher
15    education to determine their compliance with any
16    guidelines and plans so established, the determination of
17    the effectiveness and funding requirements of minority
18    student programs at public universities institutions of
19    higher education, and the dissemination of successful
20    programs as models, and the encouragement of cooperative
21    partnerships between community colleges and local school
22    attendance centers which are experiencing difficulties in
23    enrolling minority students in four-year colleges and
24    universities;
25        (f) mandate all public universities institutions of
26    higher education to submit data and information essential

 

 

SB1621- 14 -LRB099 06600 NHT 29672 b

1    to determine compliance with this Section. The Board shall
2    prescribe the format and the date for submission of this
3    data and any other education equity data; and
4        (g) report to the General Assembly and the Governor
5    annually with a description of the plans submitted by each
6    public university institution of higher education for
7    implementation of this Section, including financial data
8    relating to the most recent fiscal year expenditures for
9    specific minority programs, the effectiveness of such
10    plans and programs and the effectiveness of the methods and
11    strategies developed by the Board in meeting the purposes
12    of this Section, the degree of compliance with this Section
13    by each public university institution of higher education
14    as determined by the Board pursuant to its periodic review
15    responsibilities, and the findings made by the Board in
16    conducting its studies and monitoring student success as
17    required by paragraph (d) of this Section. With respect to
18    each public university, institution of higher education
19    such report also shall include, but need not be limited to,
20    information with respect to each institution's minority
21    program budget allocations; minority student admission,
22    retention and graduation statistics; admission, retention,
23    and graduation statistics of all students who are the first
24    in their immediate family to attend an institution of
25    higher education; number of financial assistance awards to
26    undergraduate and graduate minority students; and minority

 

 

SB1621- 15 -LRB099 06600 NHT 29672 b

1    faculty representation. This paragraph shall not be
2    construed to prohibit the Board from making, preparing or
3    issuing additional surveys or studies with respect to
4    minority education in Illinois.
5(Source: P.A. 97-396, eff. 1-1-12; 97-588, eff. 1-1-12; 97-813,
6eff. 7-13-12.)
 
7    (110 ILCS 205/12)  (from Ch. 144, par. 192)
8    Sec. 12. The Board may examine the books, records and files
9of any public university institution of higher education, and
10of any office of State state government, as to matters germane
11to its responsibilities hereunder, subject only to laws or
12regulations pertaining to the confidential nature of
13information or data. The officers and employees of all public
14universities institutions of higher education, and of State
15state agencies of government, shall afford the Board, its
16members, and authorized agents and representatives, access to
17all such books, records and files, and furnish to them such
18information as they have relating to the Board's functions and
19responsibilities. The Board may hold hearings at such places as
20it deems desirable.
21(Source: Laws 1961, p. 3819.)
 
22    Section 10. The Public Community College Act is amended by
23adding Section 2-26 and by changing Sections 3-2, 3-3, 3-22.1,
243-25.1, 3-29.8, 3-40, and 5-11 as follows:
 

 

 

SB1621- 16 -LRB099 06600 NHT 29672 b

1    (110 ILCS 805/2-26 new)
2    Sec. 2-26. Underrepresentation of certain groups in higher
3education.
4    (a) The State Board shall require community colleges to
5develop and implement methods and strategies to increase the
6participation of minorities, women, and disabled individuals
7who are traditionally underrepresented in education programs
8and activities. For the purpose of this Section, "minorities"
9shall mean persons who are citizens of the United States or
10lawful permanent resident aliens of the United States and who
11are any of the following:
12        (1) American Indian or Alaska Native (a person having
13    origins in any of the original peoples of North and South
14    America, including Central America, and who maintains
15    tribal affiliation or community attachment).
16        (2) Asian (a person having origins in any of the
17    original peoples of the Far East, Southeast Asia, or the
18    Indian subcontinent, including, but not limited to,
19    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
20    the Philippine Islands, Thailand, and Vietnam).
21        (3) Black or African American (a person having origins
22    in any of the black racial groups of Africa). Terms such as
23    "Haitian" or "Negro" can be used in addition to "Black or
24    African American".
25        (4) Hispanic or Latino (a person of Cuban, Mexican,

 

 

SB1621- 17 -LRB099 06600 NHT 29672 b

1    Puerto Rican, South or Central American, or other Spanish
2    culture or origin, regardless of race).
3        (5) Native Hawaiian or Other Pacific Islander (a person
4    having origins in any of the original peoples of Hawaii,
5    Guam, Samoa, or other Pacific Islands).
6    (b) The State Board shall adopt any rules necessary to
7administer this Section. The State Board shall also do all of
8the following:
9        (1) Require all community colleges to develop and
10    submit plans for the implementation of this Section.
11        (2) Conduct periodic review of community colleges to
12    determine compliance with this Section; and if the State
13    Board finds that a community college is not in compliance
14    with this Section, it shall notify the institution of steps
15    to take to attain compliance.
16        (3) Provide advice and counsel pursuant to this
17    Section.
18        (4) Conduct studies of the effectiveness of methods and
19    strategies designed to increase participation of students
20    in education programs and activities in which minorities,
21    women, and disabled individuals are traditionally
22    underrepresented and monitor the success of students in
23    such education programs and activities.
24        (5) Encourage minority student recruitment and
25    retention in community colleges. In implementing this
26    subdivision (5), the State Board shall undertake, but need

 

 

SB1621- 18 -LRB099 06600 NHT 29672 b

1    not be limited to, the following: the establishment of
2    guidelines and plans for community colleges for minority
3    student recruitment and retention, the review and
4    monitoring of minority student programs implemented at
5    community colleges to determine their compliance with any
6    guidelines and plans so established, the determination of
7    the effectiveness and funding requirements of minority
8    student programs at community colleges, the dissemination
9    of successful programs as models, and the encouragement of
10    cooperative partnerships between community colleges and
11    local school attendance centers that are experiencing
12    difficulties in enrolling minority students in 4-year
13    colleges and universities.
14        (6) Mandate all community colleges to submit data and
15    information essential to determine compliance with this
16    Section. The State Board shall prescribe the format and the
17    date for submission of this data and any other education
18    equity data.
19        (7) Report to the General Assembly and the Governor
20    annually with a description of the plans submitted by each
21    community college for implementation of this Section,
22    including financial data relating to the most recent fiscal
23    year expenditures for specific minority programs, the
24    effectiveness of such plans and programs and the
25    effectiveness of the methods and strategies developed by
26    the State Board in meeting the purposes of this Section,

 

 

SB1621- 19 -LRB099 06600 NHT 29672 b

1    the degree of compliance with this Section by each
2    community college as determined by the State Board pursuant
3    to its periodic review responsibilities, and the findings
4    made by the State Board in conducting its studies and
5    monitoring student success as required by subdivision (4)
6    of this subsection (b). With respect to each community
7    college, such report also shall include, but need not be
8    limited to, information with respect to each institution's
9    minority program budget allocations; minority student
10    admission, retention, and graduation statistics;
11    admission, retention, and graduation statistics of all
12    students who are the first in their immediate family to
13    attend an institution of higher education; number of
14    financial assistance awards to minority students; and
15    minority faculty representation. This subdivision (7)
16    shall not be construed to prohibit the State Board from
17    making, preparing, or issuing additional surveys or
18    studies with respect to minority education in Illinois.
 
19    (110 ILCS 805/3-2)  (from Ch. 122, par. 103-2)
20    Sec. 3-2. Upon the receipt of such a petition, the State
21Board shall, in cooperation with the regional superintendent of
22the county or counties in which the territory of the proposed
23district is located, cause a study to be made of the territory
24of the proposed district and the community college needs and
25condition thereof and the area within and adjacent thereto in

 

 

SB1621- 20 -LRB099 06600 NHT 29672 b

1relation to existing facilities for general education,
2including pre-professional curricula and for training in
3occupational activities, and in relation to a factual survey of
4the possible enrollment, assessed valuation, industrial
5business, agricultural and other conditions reflecting
6educational needs in the area to be served, in order to
7determine whether in its judgment the proposed district may
8adequately maintain a community college in accordance with such
9desirable standards. In reviewing the application the State
10Board shall consider the feasibility of any proposed
11utilization of existing public or private educational
12facilities and land within or in near proximity to the boundary
13of the proposed district, and of contracting with such public
14or private institutions for the provision of educational
15programs. If the State Board finds as the result of its study
16that it is not possible for the proposed district to produce a
17desirable program of community college education at a
18reasonable cost, it shall provide a brief statement of the
19reasons for this decision and shall thereupon cause a copy of
20the statement to be published in a newspaper or newspapers
21having a general circulation in the territory of the proposed
22district and no election shall be held or further proceedings
23had on said petition to establish such a community college
24district. In approving a request for a new community college
25district, If approved the State Board shall make submit its
26findings to the Board of Higher Education for a determination

 

 

SB1621- 21 -LRB099 06600 NHT 29672 b

1as to whether or not the proposal is in conformity with a
2comprehensive community college program. When the State Board
3of Higher Education approves the request for a new community
4college, the State Board shall prepare a report of such action
5on the petition. The report shall contain a brief statement of
6the reasons for the decision and a resume stating why the State
7Board deems it possible for the proposed district to provide a
8desirable 2-year two-year college program at reasonable cost,
9the conditions under which such operation would be possible,
10the estimated results of such operation in terms of local
11taxes, the nature and probable cost of alternative methods of
12providing adequate community college educational opportunities
13for students in the territory involved and such other
14information as the State Board believes may be helpful to the
15voters in such territory in voting on the proposition to
16establish a community college district.
17(Source: P.A. 84-509.)
 
18    (110 ILCS 805/3-3)  (from Ch. 122, par. 103-3)
19    Sec. 3-3. If the State Board of Higher Education
20disapproves the request for a new community college, no
21election shall be held or further proceedings had on such
22petition to establish a community college district. If the
23State Board of Higher Education approves the request to
24establish a community college district, the State Board shall
25cause notice of a hearing on the petition to be given by

 

 

SB1621- 22 -LRB099 06600 NHT 29672 b

1publishing a notice thereof at least once each week for 3
2successive weeks in at least one newspaper having general
3circulation within the territory of the proposed district, and
4if no such newspaper exists, then the publication shall be made
5in 2 or more newspapers which together cover the territory with
6general circulation. The notice shall state when and to whom
7the petition was presented, the description of the territory of
8the proposed district, and the day on which the hearing upon
9the petition and the report of the State Board will be held. On
10such day or on a day to which the State Board shall continue
11said hearing, the State Board or a hearing officer appointed by
12it shall hear the petition, present the report and determine
13the sufficiency of the petition as herein prescribed, and may
14adjourn the hearing from time to time or continue the matter
15for want of sufficient notice or for other good cause. The
16State Board or a hearing officer appointed by it shall hear any
17additional evidence as to the school needs and conditions of
18the territory and in the area within and adjacent thereto and
19if a hearing officer is appointed he shall report a summary of
20the testimony to the State Board. Whereupon the State Board
21shall determine whether it is for the best interests of the
22schools of such area and the educational welfare of the
23students therein that such district be organized, and shall
24determine also whether the territory described in the petition
25is compact and contiguous for college purposes.
26(Source: P.A. 78-669.)
 

 

 

SB1621- 23 -LRB099 06600 NHT 29672 b

1    (110 ILCS 805/3-22.1)  (from Ch. 122, par. 103-22.1)
2    Sec. 3-22.1. To cause an audit to be made as of the end of
3each fiscal year by an accountant licensed to practice public
4accounting in Illinois and appointed by the board. The auditor
5shall perform his or her examination in accordance with
6generally accepted auditing standards and regulations
7prescribed by the State Board, and submit his or her report
8thereon in accordance with generally accepted accounting
9principles. The examination and report shall include a
10verification of student enrollments and any other bases upon
11which claims are filed with the State Board. The audit report
12shall include a statement of the scope and findings of the
13audit and a professional opinion signed by the auditor. If a
14professional opinion is denied by the auditor he or she shall
15set forth the reasons for that denial. The board shall not
16limit the scope of the examination to the extent that the
17effect of such limitation will result in the qualification of
18the auditor's professional opinion. The procedures for payment
19for the expenses of the audit shall be in accordance with
20Section 9 of the Governmental Account Audit Act. Copies of the
21audit report shall be filed with the State Board in accordance
22with regulations prescribed by the State Board. The State Board
23shall file one copy of the audit report with the Auditor
24General. The State Board shall file copies of the uniform
25financial statements from the audit report with the Board of

 

 

SB1621- 24 -LRB099 06600 NHT 29672 b

1Higher Education.
2(Source: P.A. 90-468, eff. 8-17-97.)
 
3    (110 ILCS 805/3-25.1)  (from Ch. 122, par. 103-25.1)
4    Sec. 3-25.1. To authorize application to the Illinois
5Community College Board for the approval of new units of
6instruction, research or public service as defined in this
7Section and to establish such new units following approval in
8accordance with the provisions of this Act and the Board of
9Higher Education Act.
10    The term "new unit of instruction, research or public
11service" includes the establishment of a college, school,
12division, institute, department or other unit including majors
13and curricula in any field of instruction, research, or public
14service not theretofore included in the program of the
15community college, and includes the establishment of any new
16branch or campus of the institution. The term shall not include
17reasonable and moderate extensions of existing curricula,
18research, or public service programs which have a direct
19relationship to existing programs; and the State Board may,
20under its rule making power define the character of reasonable
21and moderate extensions.
22(Source: P.A. 88-322.)
 
23    (110 ILCS 805/3-29.8)
24    Sec. 3-29.8. Administrator and faculty salary and

 

 

SB1621- 25 -LRB099 06600 NHT 29672 b

1benefits; report. Each board of trustees shall report to the
2State Board of Higher Education, on or before July 1 of each
3year, the base salary and benefits of the president or chief
4executive officer of the community college and all
5administrators, faculty members, and instructors employed by
6the community college district. For the purposes of this
7Section, "benefits" includes without limitation vacation days,
8sick days, bonuses, annuities, and retirement enhancements.
9(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
10    (110 ILCS 805/3-40)  (from Ch. 122, par. 103-40)
11    Sec. 3-40. To enter into contracts with any person,
12organization, association, educational institution, or
13governmental agency for providing or securing educational
14services. Any initial contract with a public university or a
15private degree-granting college or university entered into on
16or after July 1, 1985 but before July 1, 2015 shall have prior
17approval of the State Board and the Illinois Board of Higher
18Education. Any initial contract with a public university or a
19private degree-granting college or university entered into on
20or after July 1, 2015 shall have prior approval of the State
21Board.
22(Source: P.A. 84-509.)
 
23    (110 ILCS 805/5-11)  (from Ch. 122, par. 105-11)
24    Sec. 5-11. Any public community college which subsequent to

 

 

SB1621- 26 -LRB099 06600 NHT 29672 b

1July 1, 1972 but before July 1, 2015, commenced construction of
2any facilities approved by the State Board and the Illinois
3Board of Higher Education may, after completion thereof, apply
4to the State for a grant for expenditures made by the community
5college from its own funds for building purposes for such
6facilities in excess of 25% of the cost of such facilities as
7approved by the State Board and the Illinois Board of Higher
8Education. Any public community college that, on or after July
91, 2015, commenced construction of any facilities approved by
10the State Board may, after completion thereof, apply to the
11State for a grant for expenditures made by the community
12college from its own funds for building purposes for such
13facilities in excess of 25% of the cost of such facilities as
14approved by the State Board. A Such grant shall be contingent
15upon said community college having otherwise complied with
16Sections 5-3, 5-4, 5-5 and 5-10 of this Act.
17    If any payments or contributions of any kind which are
18based upon, or are to be applied to, the cost of such
19construction are received from the Federal government, or an
20agency thereof, subsequent to receipt of the grant herein
21provided, the amount of such subsequent payment or
22contributions shall be paid over to the Capital Development
23Board by the community college for deposit in the Capital
24Development Bond Interest and Retirement Fund.
25(Source: P.A. 80-1200.)
 
26    Section 99. Effective date. This Act takes effect July 1,

 

 

SB1621- 27 -LRB099 06600 NHT 29672 b

12015.

 

 

SB1621- 28 -LRB099 06600 NHT 29672 b

1 INDEX
2 Statutes amended in order of appearance
3    110 ILCS 205/6from Ch. 144, par. 186
4    110 ILCS 205/6.2from Ch. 144, par. 186.2
5    110 ILCS 205/7from Ch. 144, par. 187
6    110 ILCS 205/8from Ch. 144, par. 188
7    110 ILCS 205/9.07from Ch. 144, par. 189.07
8    110 ILCS 205/9.08from Ch. 144, par. 189.08
9    110 ILCS 205/9.16from Ch. 144, par. 189.16
10    110 ILCS 205/12from Ch. 144, par. 192
11    110 ILCS 805/2-26 new
12    110 ILCS 805/3-2from Ch. 122, par. 103-2
13    110 ILCS 805/3-3from Ch. 122, par. 103-3
14    110 ILCS 805/3-22.1from Ch. 122, par. 103-22.1
15    110 ILCS 805/3-25.1from Ch. 122, par. 103-25.1
16    110 ILCS 805/3-29.8
17    110 ILCS 805/3-40from Ch. 122, par. 103-40
18    110 ILCS 805/5-11from Ch. 122, par. 105-11