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91_SB1888eng
SB1888 Engrossed LRB9113291NTks
1 AN ACT to amend the School Code by adding Article 1E.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by adding Article
5 1E as follows:
6 (105 ILCS 5/Art. 1E heading new)
7 ARTICLE 1E. ILLINOIS EDUCATIONAL INSPECTOR GENERAL
8 (105 ILCS 5/1E-5 new)
9 Sec. 1E-5. Illinois Educational Inspector General.
10 (a) The State Board of Education shall appoint an
11 Illinois Educational Inspector General, based on a
12 recommendation made by the State Superintendent of Education
13 and with the advice and consent of the Senate, who shall have
14 the authority to conduct investigations into allegations or
15 incidents of waste, fraud, and financial mismanagement in
16 public education grades prekindergarten through 12 by any
17 employee, officer, board member, or contractor of any
18 regional office of education, educational service center,
19 joint agreement program, school district, charter school, or
20 the State Board of Education or involving public educational
21 projects managed or handled by third party agents. The
22 Illinois Educational Inspector General shall be appointed for
23 a term of 3 years and shall be independent of the operation
24 of the State Board of Education.
25 (b) The Illinois Educational Inspector General shall
26 have access to all information and personnel necessary to
27 perform the duties of the office. If the Illinois
28 Educational Inspector General determines that a possible
29 criminal act has been committed or that special expertise is
30 required in the investigation, the Illinois Educational
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1 Inspector General shall immediately notify the Illinois State
2 Police and the Illinois Attorney General's Office. All
3 investigations conducted by the Illinois Educational
4 Inspector General shall be conducted in a manner that ensures
5 the preservation of evidence for use in criminal
6 prosecutions.
7 (c) At all times the Illinois Educational Inspector
8 General shall be granted access to any building or facility
9 that is owned or leased by any regional office of education,
10 educational service center, joint agreement program, school
11 district, charter school, or the State Board of Education.
12 (d) The Illinois Educational Inspector General shall
13 have the power to subpoena witnesses and compel the
14 production of books, papers, software, or other materials
15 pertinent to any investigation authorized by this Section.
16 Any person who (i) fails to appear in response to a subpoena;
17 (ii) fails to answer any question; (iii) fails to produce any
18 books, papers, software, or other materials pertinent to an
19 investigation; or (iv) knowingly gives false testimony during
20 an investigation is guilty of a Class A misdemeanor.
21 (e) The Inspector General appointed pursuant to Article
22 34 shall on a monthly basis report to the Illinois
23 Educational Inspector General the status of all pending
24 investigations. The Illinois Educational Inspector General
25 shall have the authority to determine whether, in a specific
26 investigation, a conflict of interest exists between the
27 ability of the Inspector General appointed pursuant to
28 Article 34 to continue to report to, or make recommendations
29 to, the Chicago School Reform Board of Trustees or successive
30 Boards and the Inspector General's ability to conduct the
31 specific investigation. In such instances, the Inspector
32 General appointed pursuant to Article 34 shall report
33 directly to the Illinois Educational Inspector General. This
34 reporting arrangement shall be limited to investigations
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1 under this subsection (e).
2 (f) The Illinois Educational Inspector General shall
3 provide to the State Board of Education, the President of the
4 Senate, the Minority Leader of the Senate, the Speaker of the
5 House of Representatives, the Minority Leader of the House of
6 Representatives, and the Governor a summary of reports and
7 investigations made under this Section for the previous
8 fiscal year no later than December 1 of each year. The
9 summary shall detail the final disposition of those reports
10 and investigations and shall also include detailed
11 recommended administrative actions and matters for
12 consideration by the General Assembly. The summary shall not
13 contain any confidential or identifying information
14 concerning the subjects of the reports and investigations,
15 disclosure of which may violate privacy laws or endanger any
16 ongoing investigations.
17 Section 99. Effective date. This Act takes effect on
18 July 1, 2000.
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