HB4588 96TH GENERAL ASSEMBLY

LRB096 13290 MJR 27955 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4588

Introduced , by Rep. Elaine Nekritz

SYNOPSIS AS INTRODUCED:

105 ILCS 5/3-0.01	from Ch. 122, par. 3-0.01
105 ILCS 5/3A-1	from Ch. 122, par. 3A-1
105 ILCS 5/3A-17 rep.

Amends the School Code. Provides that beginning on the effective date of the amendatory Act, the regional office of education for the portion of Cook County that does not include Chicago is abolished and transfers all powers and duties of that region to the State Board of Education. Repeals a provision concerning the regional office of education oversight board in Class II counties. Effective immediately.

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 5. The School Code is amended by changing Sections 3-0.01 and 3A-1 as follows:

(105 ILCS 5/3-0.01) (from Ch. 122, par. 3-0.01)

Sec. 3-0.01. "County superintendent of schools" and "regional superintendent of schools" defined - Application of Article.

(a) Except as otherwise provided by subsection (b), after the effective date of this amendatory Act of 1975, the chief administrative officer of an educational service region shall be designated and referred to as the "regional superintendent of schools" or the "regional superintendent" and after the effective date of this amendatory Act of 1993 the office held by the chief administrative officer shall be designated and referred to as the "regional office of education". For purposes of the School Code and except as otherwise provided by subsection (b), any reference to "county superintendent of schools" or "county superintendent" means the regional superintendent of schools.

(b) In Subject to subsection (b-1), in educational service regions containing 2,000,000 or more inhabitants, the office of regional superintendent of schools is abolished on July 1, 1994. On and after that date in each educational service region in which the office of regional superintendent of schools is so abolished all rights, powers, duties and responsibilities theretofore vested by law in, and exercised and performed by the regional superintendent of schools and by any assistant regional superintendents or other assistants or employees in the office of the regional superintendent of schools so abolished shall be vested in, exercised and performed by the State Board of Education through the office of the State Superintendent of Education. Upon abolition of the office of regional superintendent of schools in an educational service region containing 2,000,000 or more inhabitants: (i) all books, records, maps, papers and other documents belonging to or subject to the control or disposition of the former regional superintendent of schools by virtue of his office shall be transferred and delivered to the State Board of Education; (ii) possession or control over all moneys, deposits and accounts in the possession or subject to the control or disposition of the former regional superintendent of schools by virtue of his office, including but not limited to undistributed or unexpended moneys drawn from, and all amounts on deposit in, the county, institute and supervisory expense funds, shall be transferred to and placed under the control and disposition of the State Board of Education, excepting only those moneys or accounts, if any, the source of which is the county treasury; and (iii) all other equipment, furnishings, supplies and other personal property belonging to or subject to the control or disposition of the former regional superintendent of schools by virtue of his office, excepting only those items which were provided by the county board, shall be transferred and delivered to the State Board of Education. From and after July 1, 1994, any reference in the School Code or any other law of this State to "regional superintendent of schools" or "regional superintendent", or "county superintendent of schools" or "county superintendent" shall mean, with respect to any educational service region containing 2,000,000 or more inhabitants in which the office of regional superintendent of schools is abolished, the State Board of Education serving through the office of the State Superintendent of Education as the chief administrative entity of an educational service region. In educational service regions serving that portion of a Class II county outside of a city of 500,000 or more population, the regional office of education is abolished on the effective date of this amendatory Act of the 96th General Assembly. On and after the effective date of this amendatory Act of the 96th General Assembly in each educational service region in which the office of regional superintendent of schools is so abolished all rights, powers, duties, and responsibilities theretofore vested by law in, and exercised and performed by the regional superintendent of schools and by any assistant regional superintendents or other assistants or employees in the office of the regional superintendent of schools so abolished shall be vested in, exercised and performed by the State Board of Education through the office of the State Superintendent of Education. Upon abolition of the office of regional superintendent of schools in an educational service region containing 2,000,000 or more inhabitants: (i) all books, records, maps, papers and other documents belonging to or subject to the control or disposition of the former regional superintendent of schools by virtue of his office shall be transferred and delivered to the State Board of Education; (ii) possession or control over all moneys, deposits and accounts in the possession or subject to the control or disposition of the former regional superintendent of schools by virtue of his office, including but not limited to undistributed or unexpended moneys drawn from, and all amounts on deposit in, the county, institute and supervisory expense funds, shall be transferred to and placed under the control and disposition of the State Board of Education, excepting only those moneys or accounts, if any, the source of which is the county treasury; and (iii) all other equipment, furnishings, supplies and other personal property belonging to or subject to the control or disposition of the former regional superintendent of schools by virtue of his office, excepting only those items which were provided by the county board, shall be transferred and delivered to the State Board of Education. Upon and after the first Monday of August 1995, references in this Code and elsewhere to educational service regions of 2,000,000 or fewer inhabitants shall exclude any educational service region containing a city of 500,000 or more inhabitants and references in this Code and elsewhere to educational service regions of 2,000,000 or more inhabitants shall mean an educational service region containing a city of 500,000 or more inhabitants regardless of the actual population of the region.

(b-1) (Blank). References to "regional superintendent" shall also include the regional superintendent of schools in regions serving that portion of a Class II county outside a city of 500,000 or more population elected at the general election in 1994 and every 4 years thereafter.

(c) This Article applies to the regional superintendent of a multicounty educational service region formed under Article 3A as well as to a single county or partial county region, except that in case of conflict between the provisions of this Article and of Article 3A in the case of a multicounty region, the provisions of Article 3A shall apply. Any reference to "county" or to "educational service region" in this Article means a regional office of education.

(Source: P.A. 87-654; 87-895; 87-1251; 88-89.)

(105 ILCS 5/3A-1) (from Ch. 122, par. 3A-1)

Sec. 3A-1. County or portion of county as educational service region. Each county of the State shall, except as otherwise provided in this Article, be designated as an educational service region, referred to in this Article as a "region". Beginning the first Monday of August, 1995, that portion of a Class II county outside a city of at least 500,000 shall constitute a region. References in this Code to a county as a region shall also mean a portion of a county as a region when appropriate.

(Source: P.A. 88-89.)

(105 ILCS 5/3A-17 rep.)

Section 10. The School Code is amended by repealing Section 3A-17.

Section 99. Effective date. This Act takes effect upon becoming law.