HB0027eng 101ST GENERAL ASSEMBLY

HB0027 Engrossed LRB101 02993 AXK 48001 b

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Vocational Academy Opportunity Act.

Section 5. Definition. In this Act, "Board" means the Board of Trustees created by this Act.

Section 10. Establishment, funding, and location.

(a) There are initially created 2 vocational academies, one located in Cook County and the other in a downstate county designated by the Board of Higher Education as downstate, which shall be residential institutions. Each academy shall be located within 5 linear miles of a major interstate in a community where the average income of a household of 3 people is no greater than 100% of the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. 9902(2). The land value of the community in which each academy is located may not exceed $7.50 per square foot.

(b) Each academy shall be a State agency, funded by State appropriations, private contributions, and endowments. Minimal fees for residential students may be charged. Each academy may admit those students who have completed the academic equivalent of the 9th grade and shall offer a program of secondary coursework that is appropriate for students in the 10th, 11th, and 12th grades and that offers courses that meet the prerequisites to receiving a high school diploma under Section 27-22 of the School Code. Admission shall be determined by competitive examination.

(c) In order to be eligible for State appropriations, each academy shall submit to the Board of Higher Education no 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.

Section 15. Board of Trustees. The academies shall be governed by a single Board of Trustees for the collective operation and oversight of the academies, which shall consist of the following members:

(1) ex officio, nonvoting members who shall be: the State Superintendent of Education, the Executive Director of the Illinois Community College Board, the Executive Director of the Board of Higher Education, and the superintendent of schools of the school district where each academy is to be located;

(2) 3 representatives of secondary education, appointed by the State Superintendent of Education;

(3) the 2 mayors of the municipalities where the academies are to be located;

(4) the president of a statewide labor federation representing more than one international union, or his or her designee, appointed by the State Superintendent of Education; and

(5) 2 members representative of the general public, appointed by the Governor.

With the exception of the initial appointments, the members' terms of office shall be for 6 years. At the first meeting, members shall draw lots for appointments of 2, 4, or 6-year initial terms. A vacancy shall be filled for the unexpired portion of the term by appointment of the person who appointed the member causing such vacancy. The initial terms shall commence upon appointment, and, upon expiration of a term, a member shall continue serving until a successor is appointed. The Board shall select a chair from among its members who shall serve a 2-year term as chair. Members shall receive no salary but shall be reimbursed for all ordinary and necessary expenses incurred in performing their duties as members of the Board.

Section 20. Powers of the Board. The Board of Trustees is authorized to:

(1) Accept donations, bequests, or other forms of financial assistance for educational purposes from any public or private person or agency and comply with rules governing grants from the federal government or from any other person or agency that are not in contravention of the Illinois Constitution or the laws of the State of Illinois.

(2) Purchase equipment and make improvements to facilities necessary for the use of the academies, in accordance with applicable law.

(3) Adopt, amend, or repeal rules and policies necessary for the conduct of the business of the Board.

(4) Award certificates and issue diplomas to students for successful completion of programs of study, provided that a high school diploma may be issued to a student if the student has, at a minimum, satisfied the requirements of Section 27-22 of the School Code.

(5) Enter into agreements with institutions of higher education for dual credit in accordance with the requirements of the Dual Credit Quality Act.

(6) Select a Director, who shall be the chief administrative officer of the academies and who shall administer the rules and policies adopted by the Board of the Trustees under this Section. The Director shall also be the chief administrative officer of the Board and shall be responsible for all of the Board's administrative functions, duties, and needs.

(7) Determine faculty and staff positions necessary for the efficient operation of the academies and select personnel for the positions.

(8) Prepare and adopt an annual budget necessary for the continued operation of the academies.

(9) Enter into contracts and agreements, which have been recommended by the Director, to the extent that funds are specifically appropriated for that purpose, with other public agencies with respect to cooperative enterprises and undertakings related to or associated with an educational purpose or program affecting education in an academy. This power does not preclude the Board from entering into other contracts and agreements that it may deem necessary to carry out its duties and functions.

(10) Perform other functions as are necessary for the supervision and control of those phases of education under the Board's supervision and control.

(11) Delegate to the Director any administrative powers and duties that the Board deems appropriate to aid the Director in the efficient administration of his or her responsibility for the implementation of the policies of the Board.

(12) Adopt rules and policies necessary for the efficient operation of an academy.

(13) Establish criteria to be used in determining the eligibility of applicants for enrollment in an academy. The criteria shall ensure adequate geographic, sexual, and ethnic representation.

(14) Determine subjects and extracurricular activities to be offered by an academy.

(15) Pay salaries and expenses, including, but not limited to, facilities, equipment, and supplies of the faculty and staff of an academy, out of funds appropriated or otherwise made available for the operating and administrative expenses of the Board and an academy.

(16) Exercise budgetary responsibility and allocate for expenditure by an academy and programs under the academy's jurisdiction all moneys appropriated or otherwise made available for purposes of the Board and of the academy.

(17) Prescribe and select for use in an academy free school books and other materials of instruction for children enrolled in the academy and programs under the academy's jurisdiction for which the General Assembly provides funds.

(18) Prepare and adopt or approve programs of study and rules and bylaws for the conduct of students and for the government of an academy and programs under the academy's jurisdiction.

(19) Employ 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.

Section 25. Academy property. Each academy shall be empowered to lease or purchase real and personal property on commercially reasonable terms for the use by the academy. Any leases or purchases of real or personal property and any disposition of the property by an academy shall be in compliance with the provisions of the Civil Administrative Code of Illinois and the State Property Control Act. Personal property acquired for use by an academy shall be inventoried and disposed of in accordance with the State Property Control Act.

Section 30. Indemnification. Each academy, the Board, and the academy's or Board's officers and employees shall be represented and indemnified in certain civil lawsuits in accordance with the State Employee Indemnification Act. An academy, the Board, or the academy's or Board's officers or employees may not participate in the creation of any corporation, joint venture, partnership, association, or other organizational entity that exercises, expands, or enhances the powers, duties, or responsibilities of the academy, unless specifically authorized by the General Assembly. This Section does not restrict an academy from creating any organizational entity that is within or a part of the academy.