Public Act 100-0937
SB2939 EnrolledLRB100 18504 AXK 33722 b

    AN ACT concerning education.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Mathematics and Science Academy Law
is amended by changing Sections 2 and 4 as follows:
    (105 ILCS 305/2)  (from Ch. 122, par. 1503-2)
    Sec. 2. Establishment, Funding and Location. There is
hereby created the Illinois Mathematics and Science Academy,
which shall be a residential institution located in the Fox
River Valley in close proximity to the national science
laboratories based in Illinois. The Academy may develop
additional campuses throughout the State, however, any
additional campus does not need to serve as a residential
institution. The Academy shall be a State agency, funded by
State appropriations, private contributions and endowments.
Minimal fees for residential students who are Illinois
residents may be charged. Tuition, fees, and room and board
costs shall be charged for students who are not Illinois
residents, the totality of which must be sufficient to ensure
that no State appropriations are used to fund the costs of
those students attending the Academy. The Academy may admit
those students (i) who are Illinois residents or who are not
Illinois residents and (ii) who have completed the academic
equivalent of the 8th 9th grade. No more than 25% of the
Academy's student body may be composed of students who are not
Illinois residents. The Academy and may offer a program of
secondary and postsecondary course work. Admission shall be
determined by competitive examination.
    In order to be eligible for State appropriations, the
Academy shall submit to the Board of Higher Education not later
than the 1st day of October of each year its budget proposal
for the operation and capital needs of the Academy for its next
fiscal year and information demonstrating that students who are
not Illinois residents have paid and will pay tuition, fees,
and room and board costs sufficient to ensure that no State
appropriations were used or will be used to fund the costs of
those students attending the Academy.
(Source: P.A. 95-793, eff. 1-1-09.)
    (105 ILCS 305/4)  (from Ch. 122, par. 1503-4)
    Sec. 4. Powers of the Board. The board is hereby authorized
    (a) Accept donations, bequests, or other forms of financial
assistance for educational purposes from any public or private
person or agency and comply with rules and regulations
governing grants from the federal government or from any other
person or agency, which are not in contravention of the
Illinois Constitution or the laws of the State of Illinois.
    (b) Purchase equipment and make improvements to facilities
necessary for the use of the school, in accordance with
applicable law.
    (c) Adopt, amend, or repeal rules, regulations, and
policies necessary or proper for the conduct of the business of
the board.
    (d) Award certificates and issue diplomas for successful
completion of programs of study requirements.
    (e) Select a Director who shall be the chief administrative
officer of the Academy and who shall administer the rules,
regulations, and policies adopted by the Board pursuant hereto.
The Director shall also be the chief administrative officer of
the Board and shall be responsible for all the administrative
functions, duties, and needs of the Board.
    (f) Determine faculty and staff positions necessary for the
efficient operation of the school and select personnel for such
    (g) Prepare and adopt an annual budget necessary for the
continued operation of the school.
    (h) Enter into contracts and agreements which have been
recommended by the Director, in accordance with applicable law,
and to the extent that funds are specifically appropriated
therefor, with other public agencies with respect to
cooperative enterprises and undertaking related to or
associated with an educational purpose or program affecting
education in the school. This shall not preclude the Board from
entering into other such contracts and agreements that it may
deem necessary to carry out its duties and functions.
    (i) Perform such other functions as are necessary to the
supervision and control of those phases of education under its
supervision and control.
    (j) The Board shall delegate to the Director such of its
administrative powers and duties as it deems appropriate to aid
the Director in the efficient administration of his
responsibility for the implementation of the policies of the
    (k) The Academy shall be empowered to lease or purchase
real and personal property on commercially reasonable terms for
the use of the Academy. After July 1, 1988, any leases or
purchases of real or personal property and any disposition
thereof by the Academy must be in compliance with the
provisions of The Civil Administrative Code of Illinois and the
State Property Control Act. Personal property acquired for the
use of the Academy shall be inventoried and disposed of in
accordance with the State Property Control Act.
    In addition to the authorities granted herein and any
powers, duties, and responsibilities vested by any other
applicable laws, the Board shall:
        (1) Adopt rules, regulations, and policies necessary
    for the efficient operation of the school.
        (2) Establish criteria to be used in determining
    eligibility of applicants for enrollment. Such criteria
    shall ensure adequate geographic representation of this
    State and adequate , sexual and ethnic representation.
        (3) Determine subjects and extracurricular activities
    to be offered.
        (4) Pay salaries and expenses, including but not
    necessarily restricted to facilities, equipment, and
    supplies of the faculty and staff of the Academy out of
    funds appropriated or otherwise made available for the
    operating and administrative expenses of the Board and the
        (5) Exercise budgetary responsibility and allocate for
    expenditure by the Academy and programs under its
    jurisdiction, all monies appropriated or otherwise made
    available for purposes of the Board and of such Academy and
        (6) Prescribe and select for use in the school free
    school books and other materials of instruction for
    children enrolled in the school and programs under its
    jurisdiction for which the General Assembly provides
    funds. However, free school books and other materials of
    instruction need not be provided to students who are not
    Illinois residents, and a fee may be charged to such
    students for books and materials.
        (7) Prepare and adopt or approve programs of study and
    rules, bylaws, and regulations for the conduct of students
    and for the government of the school and programs under its
        (8) Employ such personnel as may be needed, establish
    policies governing their employment and dismissal, and fix
    the amount of their compensation. In the employment,
    establishment of policies and fixing of compensation the
    board may make no discrimination on account of sex, race,
    creed, color or national origin.
    The Academy, its board of trustees, and its employees shall
be represented and indemnified in certain civil law suits in
accordance with "An Act to provide for representation and
indemnification in certain civil law suits", approved December
3, 1977, as amended.
    Neither the Academy, nor its officers, employees or board
members shall participate in the creation of any corporation,
joint venture, partnership, association, or other
organizational entity which exercises, expands, or enhances
the powers, duties, or responsibilities of the Academy unless
specifically authorized by the General Assembly by law.
    This Section does not restrict the Academy from creating
any organization entity which is within or a part of the
(Source: P.A. 86-109.)

Effective Date: 1/1/2019