Full Text of HB1030 95th General Assembly
HB1030eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Sections | 5 |
| 1A-4, 17-1, and 34-43 as follows:
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| (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
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| Sec. 1A-4. Powers and duties of the Board.
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| A. (Blank).
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| B. The Board shall determine the qualifications of and | 10 |
| appoint a
chief education officer, to be known as the State | 11 |
| Superintendent of
Education, who may be proposed by the | 12 |
| Governor and who shall serve at the pleasure of the Board and | 13 |
| pursuant to a
performance-based contract linked to statewide | 14 |
| student performance and academic
improvement within Illinois | 15 |
| schools. Upon expiration or buyout of the contract of the State | 16 |
| Superintendent of Education in office on the effective date of | 17 |
| this amendatory Act of the 93rd General Assembly, a State | 18 |
| Superintendent of Education shall be appointed by a State Board | 19 |
| of Education that includes the 7 new Board members who were | 20 |
| appointed to fill seats of members whose terms were terminated | 21 |
| on the effective date of this amendatory Act of the 93rd | 22 |
| General Assembly. Thereafter, a State Superintendent of | 23 |
| Education must, at a minimum, be appointed at the beginning of |
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| each term of a Governor after that Governor has made | 2 |
| appointments to the Board. A performance-based
contract issued | 3 |
| for the employment of a State Superintendent of
Education | 4 |
| entered into on or after the effective date of this amendatory | 5 |
| Act of the 93rd General Assembly must expire no later than | 6 |
| February 1, 2007, and subsequent contracts must expire no later | 7 |
| than February 1 each 4 years thereafter. No contract
shall be
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| extended or renewed beyond February 1, 2007 and February 1 each | 9 |
| 4 years thereafter, but a State Superintendent of Education | 10 |
| shall serve until his or her successor is appointed. Each | 11 |
| contract entered into on or before January 8, 2007 with a State | 12 |
| Superintendent of Education must provide that the State Board | 13 |
| of Education may terminate the contract for cause, and the | 14 |
| State Board of Education shall not thereafter be liable for | 15 |
| further payments under the contract. With regard to this | 16 |
| amendatory Act of the 93rd General Assembly, it is the intent | 17 |
| of the General Assembly that, beginning with the Governor who | 18 |
| takes office on the second Monday of January, 2007, a State | 19 |
| Superintendent of Education be appointed at the beginning of | 20 |
| each term of a Governor after that Governor has made | 21 |
| appointments to the Board. The State
Superintendent of | 22 |
| Education shall not serve as a member of the State
Board of | 23 |
| Education. The Board shall set the compensation of the State
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| Superintendent of Education who shall serve as the Board's | 25 |
| chief
executive officer. The Board shall also establish the | 26 |
| duties, powers and
responsibilities of the State |
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| Superintendent, which shall be included in the
State | 2 |
| Superintendent's performance-based contract along with the | 3 |
| goals and
indicators of student performance and academic | 4 |
| improvement used to measure the
performance and effectiveness | 5 |
| of the State Superintendent.
The State Board of Education may | 6 |
| delegate
to the State Superintendent of Education the authority | 7 |
| to act on the Board's
behalf, provided such delegation is made | 8 |
| pursuant to adopted board policy
or the powers delegated are | 9 |
| ministerial in nature. The State Board may
not delegate | 10 |
| authority under this Section to the State Superintendent to
(1) | 11 |
| nonrecognize school districts, (2) withhold State payments as a | 12 |
| penalty,
or (3) make final decisions under the contested case | 13 |
| provisions of the Illinois
Administrative Procedure Act unless | 14 |
| otherwise provided by law.
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| C. The powers and duties of the State Board of Education | 16 |
| shall encompass all
duties delegated to the Office of | 17 |
| Superintendent of Public Instruction on
January 12, 1975, | 18 |
| except as the law providing for such powers and duties is
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| thereafter amended, and such other powers and duties as the | 20 |
| General Assembly
shall designate. The Board shall be | 21 |
| responsible for the educational policies
and guidelines for | 22 |
| public schools, pre-school through grade
12 and Vocational | 23 |
| Education in the State of Illinois. The Board shall
analyze the | 24 |
| present and future aims, needs, and requirements of
education | 25 |
| in the State of Illinois and recommend to the General Assembly
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| the powers which should be exercised by the Board. The Board |
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| shall
recommend the passage and the legislation necessary to | 2 |
| determine the
appropriate relationship between the Board and | 3 |
| local boards of education
and the various State agencies and | 4 |
| shall recommend desirable
modifications in the laws which | 5 |
| affect schools.
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| D. Two members of the Board shall be appointed by the | 7 |
| chairperson
to serve on a standing joint Education Committee, 2 | 8 |
| others shall be
appointed from the Board of Higher Education, 2
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| others shall be appointed by the chairperson of the
Illinois | 10 |
| Community College Board, and 2 others shall be appointed by the
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| chairperson of the Human Resource Investment Council. The
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| Committee shall be
responsible for making recommendations | 13 |
| concerning the submission of any
workforce development plan or | 14 |
| workforce training program required by federal
law or under any | 15 |
| block grant authority. The Committee will be
responsible for | 16 |
| developing policy on matters of mutual concern to
elementary, | 17 |
| secondary and higher education such as Occupational and
Career | 18 |
| Education, Teacher Preparation and Certification, Educational
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| Finance, Articulation between Elementary, Secondary and Higher | 20 |
| Education
and Research and Planning. The joint Education | 21 |
| Committee shall meet at
least quarterly and submit an annual | 22 |
| report of its findings,
conclusions, and recommendations to the | 23 |
| State Board of Education, the Board of
Higher Education, the | 24 |
| Illinois Community College Board,
the Human Resource | 25 |
| Investment Council, the Governor, and the
General
Assembly. All | 26 |
| meetings of this Committee shall be official meetings for
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| reimbursement under this Act.
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| E. Five members of the Board shall constitute a quorum. A
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| majority
vote of the members appointed, confirmed and serving | 4 |
| on the Board is
required to approve any action, except that the | 5 |
| 7 new Board members who were appointed to fill seats of members | 6 |
| whose terms were terminated on the effective date of this | 7 |
| amendatory act of the 93rd General Assembly may vote to approve | 8 |
| actions when appointed and serving.
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| The Board shall prepare and submit to the General Assembly | 10 |
| and the
Governor on or before January 14, 1976 and annually | 11 |
| thereafter a report
or reports of its findings and | 12 |
| recommendations. Such annual report shall
contain a separate | 13 |
| section which provides a critique and analysis of the
status of | 14 |
| education in Illinois and which identifies its specific | 15 |
| problems
and recommends express solutions therefor.
Such | 16 |
| annual report also shall contain the following information for | 17 |
| the
preceding year ending on June 30: each act or omission of a | 18 |
| school district
of which the State Board of Education has | 19 |
| knowledge as a consequence of
scheduled, approved visits and | 20 |
| which constituted a
failure by the district to comply with | 21 |
| applicable State or federal laws or
regulations relating to | 22 |
| public education, the name of such district, the date
or dates | 23 |
| on which the State Board of Education notified the school | 24 |
| district of
such act or omission, and what action, if any, the | 25 |
| school district took with
respect thereto after being notified | 26 |
| thereof by the State Board of Education.
The report shall also |
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| include the statewide high school dropout rate by
grade level, | 2 |
| sex and race and the annual student dropout rate of and the
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| number of students who graduate from, transfer from or | 4 |
| otherwise leave
bilingual programs. The report shall also | 5 |
| include the total expenditures made by school districts on | 6 |
| special education services, including a breakdown of State and | 7 |
| federally reimbursed expenditures and non-reimbursed | 8 |
| expenditures as reported by school districts under the | 9 |
| requirements of Sections 17-1 and 34-43 of this Code. The | 10 |
| Auditor General shall annually perform a
compliance audit of | 11 |
| the State Board of Education's performance of the
reporting | 12 |
| duty imposed by this amendatory Act of 1986. A regular system | 13 |
| of
communication with other directly related State agencies | 14 |
| shall be
implemented.
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| The requirement for reporting to the General Assembly shall | 16 |
| be satisfied
by filing copies of the report with the Speaker, | 17 |
| the Minority Leader and
the Clerk of the House of | 18 |
| Representatives and the President, the Minority
Leader and the | 19 |
| Secretary of the Senate and the Legislative Council, as | 20 |
| required
by Section 3.1 of the General
Assembly Organization | 21 |
| Act, and
filing such additional
copies with the State | 22 |
| Government Report Distribution Center for the General
Assembly | 23 |
| as is required under paragraph (t) of Section 7 of the State | 24 |
| Library
Act.
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| F. Upon appointment of the 7 new Board members who were | 26 |
| appointed to fill seats of members whose terms were terminated |
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| on the effective date of this amendatory Act of the 93rd | 2 |
| General Assembly, the Board shall review all of its current | 3 |
| rules in an effort to streamline procedures, improve | 4 |
| efficiency, and eliminate unnecessary forms and paperwork.
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| (Source: P.A. 93-1036, eff. 9-14-04.)
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| (105 ILCS 5/17-1) (from Ch. 122, par. 17-1)
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| Sec. 17-1. Annual Budget. The board of education of each | 8 |
| school
district under 500,000 inhabitants shall, within or | 9 |
| before the first
quarter of each fiscal year, adopt and file | 10 |
| with the State Board of Education an annual balanced budget | 11 |
| which it deems
necessary to defray all necessary expenses and | 12 |
| liabilities of the
district, and in such annual budget shall | 13 |
| specify the objects and
purposes of each item and amount needed | 14 |
| for each object or purpose.
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| The budget shall be entered upon a School District Budget | 16 |
| form prepared
and provided by the State Board of Education and | 17 |
| therein shall contain
a statement of the cash on hand at the
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| beginning of the fiscal year, an estimate of the cash expected | 19 |
| to be
received during such fiscal year from all sources, an | 20 |
| estimate of the
expenditures contemplated for such fiscal year, | 21 |
| and a statement of the
estimated cash expected to be on hand at | 22 |
| the end of such year. The
estimate of taxes to be received may | 23 |
| be based upon the amount of actual
cash receipts that may | 24 |
| reasonably be expected by the district during
such fiscal year, | 25 |
| estimated from the experience of the district in prior
years |
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| and with due regard for other circumstances that may | 2 |
| substantially
affect such receipts. Nothing in this Section | 3 |
| shall be construed as
requiring any district to change or | 4 |
| preventing any district from
changing from a cash basis of | 5 |
| financing to a surplus or deficit basis of
financing; or as | 6 |
| requiring any district to change or preventing any
district | 7 |
| from changing its system of accounting.
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| The board of education shall file as an attachment to its | 9 |
| annual budget a report, in a form as determined by the State | 10 |
| Board of Education, that contains the total amount spent on | 11 |
| special education services, including the expenditures | 12 |
| reimbursed by the State and the expenditures not reimbursed by | 13 |
| the State. This report must be filed with the State Board of | 14 |
| Education.
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| To the extent that a school district's budget is not | 16 |
| balanced, the district shall also adopt and file with the State | 17 |
| Board of Education a deficit reduction plan to balance the | 18 |
| district's budget within 3 years. The deficit reduction plan | 19 |
| must be filed at the same time as the budget, but the State | 20 |
| Superintendent of Education may extend this deadline if the | 21 |
| situation warrants.
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| The board of education of each district shall fix a fiscal | 23 |
| year
therefor. If the beginning of the fiscal year of a | 24 |
| district is
subsequent to the time that the tax levy due to be | 25 |
| made in such
fiscal year shall be
made, then such annual budget | 26 |
| shall be adopted prior to the time such
tax levy shall be made.
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| The failure by a board of education of any district to adopt an | 2 |
| annual
budget, or to comply in any respect with the provisions | 3 |
| of this Section, shall
not affect the validity of any tax levy | 4 |
| of the district otherwise in
conformity with the law. With | 5 |
| respect to taxes levied either before, on, or
after the | 6 |
| effective date of this amendatory Act of the 91st General | 7 |
| Assembly,
(i) a tax levy is made
for the fiscal year in which | 8 |
| the levy is due to be made regardless of which
fiscal year the | 9 |
| proceeds of the levy are expended or are intended to be
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| expended, and (ii) except as otherwise provided by law, a board | 11 |
| of education's
adoption of
an annual budget in conformity with | 12 |
| this Section is not a prerequisite to the
adoption of a valid | 13 |
| tax levy and is not a limit on the amount of the levy.
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| Such budget shall be prepared in tentative form by some | 15 |
| person or
persons designated by the board, and in such | 16 |
| tentative form shall be
made conveniently available to public | 17 |
| inspection for at least 30 days
prior to final action thereon. | 18 |
| At least 1 public hearing shall be held
as to such budget prior | 19 |
| to final action thereon. Notice of availability
for public | 20 |
| inspection and of such public hearing shall be given by
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| publication in a newspaper published in such district, at least | 22 |
| 30 days
prior to the time of such hearing. If there is no | 23 |
| newspaper published
in such district, notice of such public | 24 |
| hearing shall be given by
posting notices thereof in 5 of the | 25 |
| most public places in such district.
It shall be the duty of | 26 |
| the secretary of such board to make such
tentative budget |
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| available to public inspection, and to arrange for such
public | 2 |
| hearing. The board may from time to time make transfers between
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| the various items in any fund not exceeding in the aggregate | 4 |
| 10% of the
total of such fund as set forth in the budget. The | 5 |
| board may from time
to time amend such budget by the same | 6 |
| procedure as is herein provided
for its original adoption.
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| Beginning July 1, 1976, the board of education, or regional
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| superintendent, or governing board responsible for the | 9 |
| administration of
a joint agreement shall, by September 1 of | 10 |
| each
fiscal year thereafter, adopt an annual budget for the | 11 |
| joint agreement
in the same manner and subject to the same | 12 |
| requirements as are provided
in this Section.
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| The State Board of Education shall exercise powers and | 14 |
| duties
relating to budgets as provided in Section 2-3.27 of | 15 |
| this Code and shall require school districts to submit their | 16 |
| annual budgets, deficit reduction plans, and other financial | 17 |
| information, including revenue and expenditure reports and | 18 |
| borrowing and interfund transfer plans, in such form and within | 19 |
| the timelines designated by the State Board of Education.
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| By fiscal year 1982 all school districts shall use the | 21 |
| Program Budget
Accounting System.
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| In the case of a school district receiving emergency State | 23 |
| financial
assistance under Article 1B, the school board shall | 24 |
| also be subject to the
requirements
established under Article | 25 |
| 1B with respect to the annual budget.
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| (Source: P.A. 94-234, eff. 7-1-06.)
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| (105 ILCS 5/34-43) (from Ch. 122, par. 34-43)
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| Sec. 34-43. Adoption of budget and resolution. The board | 3 |
| shall, within the first 60 days of each fiscal year, adopt a
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| budget and pass a resolution to be termed the "annual school | 5 |
| budget",
hereinafter called the "budget", in and by which the | 6 |
| board, subject to the
limitations hereinafter contained, shall | 7 |
| appropriate such sums of money as
may be required to defray all | 8 |
| of its estimated expenses and liabilities to
be paid or | 9 |
| incurred during the fiscal year.
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| The budget shall be balanced in each year within standards | 11 |
| established by
the board, consistent with the provisions of | 12 |
| this Article.
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| The budget may provide for the accumulation of funds for | 14 |
| educational purposes
as the board may direct for capital | 15 |
| improvements or in order to achieve a
balanced budget in a | 16 |
| future year within the 4-year period of the board's
financial | 17 |
| plan to begin in that budget year. The budget may also provide | 18 |
| for a
reserve in the educational fund to ensure uninterrupted | 19 |
| services in the event
of unfavorable budget variances.
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| The changes made to this Section by this amendatory Act of | 21 |
| 1996 apply to
budgets and amended
and supplemental
budgets for | 22 |
| fiscal years beginning in 1995 and subsequent
years.
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| The board shall file as an attachment to its annual budget | 24 |
| a report, in a form as determined by the State Board of | 25 |
| Education, that contains the total amount spent on special |
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| education services, including the expenditures reimbursed by | 2 |
| the State and the expenditures not reimbursed by the State. | 3 |
| This report must be filed with the State Board of Education.
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| (Source: P.A. 89-636, eff. 8-9-96.)
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| Section 90. The State Mandates Act is amended by adding | 6 |
| Section 8.31 as follows: | 7 |
| (30 ILCS 805/8.31 new) | 8 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 9 |
| of this Act, no reimbursement by the State is required for the | 10 |
| implementation of any mandate created by this amendatory Act of | 11 |
| the 95th General Assembly.
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