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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5532
Introduced , by Rep. John D'Amico SYNOPSIS AS INTRODUCED: |
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110 ILCS 205/1 |
from Ch. 144, par. 181 |
110 ILCS 205/7 |
from Ch. 144, par. 187 |
110 ILCS 205/8 |
from Ch. 144, par. 188 |
110 ILCS 205/9.07 |
from Ch. 144, par. 189.07 |
110 ILCS 205/10 |
from Ch. 144, par. 190 |
110 ILCS 805/2-11 |
from Ch. 122, par. 102-11 |
110 ILCS 805/2-26 new |
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110 ILCS 805/2-27 new |
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110 ILCS 805/2-28 new |
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110 ILCS 805/3-2 |
from Ch. 122, par. 103-2 |
110 ILCS 805/3-3 |
from Ch. 122, par. 103-3 |
110 ILCS 805/3-25.1 |
from Ch. 122, par. 103-25.1 |
110 ILCS 805/5-11 |
from Ch. 122, par. 105-11 |
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Amends the Board of Higher Education Act and the Public Community College
Act.
Terminates the rights, powers, duties, and responsibilities of the Board of
Higher Education with respect to the public community college system and
transfers those rights, powers, duties, and responsibilities to, and provides
for their assumption and exercise by, the Illinois Community College Board.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5532 |
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LRB095 16014 NHT 42032 b |
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| AN ACT relating to 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 Board of Higher Education Act is amended by |
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| changing
Sections 1, 7, 8, 9.07, and 10 as follows:
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| (110 ILCS 205/1) (from Ch. 144, par. 181)
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| Sec. 1. The following terms shall have the meanings
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| respectively prescribed
for them, except when the context |
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| otherwise requires:
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| (a) "Public institutions of higher education": The |
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| University of
Illinois; Southern Illinois University;
Chicago |
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| State University; Eastern Illinois University; Governors State
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| University; Illinois State University; Northeastern Illinois |
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| University;
Northern Illinois University; Western Illinois |
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| University; the public
community
colleges of the State and any
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| other public universities , colleges and community colleges now |
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| or hereafter
established or authorized by the General Assembly.
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| (b) "Board": The Board of Higher Education created by this |
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| Act.
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| (c) "Engineering college" has the meaning ascribed to it in |
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| the
Professional Engineering Practice Act of 1989.
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| (Source: P.A. 89-4, eff. 1-1-96.)
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| (110 ILCS 205/7) (from Ch. 144, par. 187)
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| Sec. 7. The Board of Trustees of the University
of |
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| Illinois, the Board of
Trustees of Southern Illinois |
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| University,
the Board of Trustees of Chicago State University, |
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| the Board of Trustees of
Eastern Illinois University, the Board |
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| of Trustees of Governors State
University, the Board of |
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| Trustees of Illinois State University, the Board of
Trustees of |
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| Northeastern Illinois University, the Board of Trustees of |
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| Northern
Illinois University, the Board of Trustees of Western |
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| Illinois University,
the Illinois Community College Board and |
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| the campuses under their
governance
or supervision shall not |
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| hereafter undertake the establishment of any new
unit of |
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| instruction, research or public service without the approval of |
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| the
Board. The term "new unit of instruction, research or |
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| public service"
includes the establishment of a college, |
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| school, division, institute,
department or other unit in any |
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| field of instruction, research or public
service not |
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| theretofore included in the program of the institution, and
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| includes the establishment of any new branch or campus. The |
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| term does not
include reasonable and moderate extensions of |
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| existing curricula, research,
or public service programs which |
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| have a direct relationship to existing
programs; and the Board |
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| may, under its rule making power, define the
character of such |
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| reasonable and moderate extensions.
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| Such governing boards shall submit to the Board all |
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| proposals for a new
unit of instruction, research, or public |
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| service. The Board may approve or
disapprove the proposal in |
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| whole or in part or approve modifications
thereof whenever in |
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| its judgment such action is consistent with the
objectives of |
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| an existing or proposed master plan of higher education.
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| The Board of Higher Education is authorized to review |
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| periodically all
existing programs of instruction, research |
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| and public service at the State
universities and colleges and |
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| to advise the appropriate board of control if
the contribution |
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| of each program is not educationally and economically
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| justified.
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| (Source: P.A. 89-4, eff. 1-1-96.)
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| (110 ILCS 205/8) (from Ch. 144, par. 188)
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| Sec. 8. The
Board of Trustees of the University of |
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| Illinois, the Board of
Trustees of Southern Illinois |
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| University,
the Board of Trustees of Chicago State University, |
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| the Board of Trustees of
Eastern Illinois University, the Board |
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| of Trustees of Governors State
University, the Board of |
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| Trustees of Illinois State University, the Board of
Trustees of |
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| Northeastern Illinois University, the Board of Trustees of |
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| Northern
Illinois University, and the Board of Trustees of |
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| Western Illinois
University , and
the Illinois Community |
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| College Board shall submit to the Board not later
than the 15th |
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| day of November of each year its budget proposals for the
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| operation and capital needs of the institutions under its |
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| governance or
supervision for the ensuing fiscal year. Each |
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| budget proposal shall conform
to the procedures developed by |
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| the Board in the design of an information
system for State |
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| universities and colleges.
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| In order to maintain a cohesive system of higher education, |
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| the Board and
its staff shall communicate on a regular basis |
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| with all public university
presidents. They shall meet at least |
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| semiannually to achieve economies of
scale where possible and |
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| provide the most innovative and efficient programs and
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| services.
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| The Board, in the analysis of formulating the annual budget |
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| request,
shall consider rates of tuition and fees at the State |
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| universities and
colleges . The Board shall also consider the |
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| current and projected
utilization of the total physical plant |
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| of each campus of a university or
college in approving the |
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| capital budget for any new building or facility.
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| The Board of Higher Education shall submit to the Governor, |
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| to the
General Assembly, and to the appropriate budget agencies |
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| of the Governor
and General Assembly its analysis and |
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| recommendations on such budget
proposals.
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| Each state supported institution within the application of |
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| this Act must
submit its plan for capital improvements of |
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| non-instructional facilities to
the Board for approval before |
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| final commitments are made. Non-instructional
uses shall |
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| include but not be limited to dormitories, union buildings,
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| field houses, stadium, other recreational facilities and |
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| parking lots. The
Board shall determine whether or not any |
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| project submitted for approval is
consistent with the master |
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| plan for higher education and with instructional
buildings that |
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| are provided for therein. If the project is found by a
majority |
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| of the Board not to be consistent, such capital improvement |
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| shall
not be constructed.
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| (Source: P.A. 89-4, eff. 1-1-96.)
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| (110 ILCS 205/9.07) (from Ch. 144, par. 189.07)
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| Sec. 9.07. Admission standards.
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| (a) Subject to the provisions of subsection (b), To
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| establish minimum admission standards for public community |
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| colleges,
colleges and State universities. However, |
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| notwithstanding any other
provision of this Section or any |
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| other law of this State, the minimum admission
standards |
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| established by the Board shall not directly or indirectly |
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| authorize
or require a State college or university to |
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| discriminate in the admissions
process against an applicant for |
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| admission because of the applicant's
enrollment in a charter |
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| school
established under
Article 27A of the School Code. |
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| Admission standards for out-of-state
students may be higher |
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| than for Illinois residents.
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| (b) (Blank).
Implementation of the new statewide minimum |
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| admission
requirements
and standards for public colleges and |
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| universities in Illinois established
and announced by the Board |
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| in December, 1985 shall be deferred as provided
in this |
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| subsection. The Board shall not attempt to implement or |
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| otherwise
effect adoption and establishment of those minimum |
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| admission requirements
and standards in any public community |
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| college, college or State university
prior to the fall of 1993, |
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| and no public community college, college or
State university |
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| shall be under any duty or obligation to implement,
establish |
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| or otherwise apply those minimum admission requirements and
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| standards to any entering freshmen prior to the fall of 1993.
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| The Board of Higher Education shall provide the State |
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| Superintendent of
Education, on or before January 1, 1990, |
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| descriptions of
course content, and such other criteria as are |
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| necessary to determine and
certify whether all school districts |
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| maintaining grades 9-12 are offering
courses which satisfy the |
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| minimum admission requirements and standards
established and |
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| announced by the Board.
In addition, there shall be established |
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| a 9 member committee composed
of 3 members selected by the |
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| Board of Higher Education, 3 members selected
by the State |
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| Superintendent of Education and 3 members selected by the
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| President of the Illinois Vocational Association. The |
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| committee shall be
appointed within 30 days after the effective |
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| date of this amendatory Act.
It shall be the duty and |
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| responsibility of the committee to identify and
develop courses |
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| and curricula in the vocational education area which meet
the |
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| minimum admission requirements and standards to be established |
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| and
implemented under this Section. The first meeting of the |
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| committee shall
be called by the Executive Director of the |
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| Board of Higher Education
within 10 days after the committee is |
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| appointed. At its first meeting the
committee shall organize |
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| and elect a chairperson. The committee's report
shall be |
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| prepared and submitted by the committee to the Board of Higher
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| Education, the Illinois State Board of Education and the |
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| General Assembly
by April 1, 1989.
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| (c) (Blank).
By March 1, 1980, the Boards shall develop |
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| guidelines
which: (1) place
the emphasis on postsecondary |
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| remedial programs at Public Community Colleges
and (2) reduces |
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| the role of the state universities in offering remedial
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| programs. By June 30, 1981, the Board shall report to the |
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| General Assembly
the progress made toward this transition in |
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| the emphasis on remedial programs
at the postsecondary level |
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| and any legislative action that it deems
appropriate.
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| (Source: P.A. 89-450, eff. 4-10-96.)
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| (110 ILCS 205/10) (from Ch. 144, par. 190)
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| Sec. 10. The Board of Trustees of the University of |
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| Illinois, the Board
of Trustees of Southern Illinois |
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| University,
the Board of Trustees of Chicago State University, |
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| the Board of Trustees of
Eastern Illinois University, the Board |
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| of Trustees of Governors State
University, the Board of |
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| Trustees of Illinois State University, the Board of
Trustees of |
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| Northeastern Illinois University, the Board of Trustees of |
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| Northern
Illinois University, and the Board of Trustees of |
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| Western Illinois
University ,
and the Illinois Community |
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| College Board shall retain all the powers and
duties heretofore |
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| given and conferred upon them by statute, except insofar
as |
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| they are limited by the powers and duties delegated to the |
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| Board of Higher
Education by this Act.
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| Nothing, however, in this Act shall be construed to prevent |
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| individual
State universities and colleges from establishing |
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| higher minimum admission
requirements and higher minimum |
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| admission requirements may be established
for out-of-state |
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| students than for Illinois residents.
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| All of the rights, powers, duties, and responsibilities |
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| vested by law,
rule,
or regulation in the Board of Higher |
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| Education immediately before the effective
date of this |
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| amendatory Act of the 95th General Assembly with respect to the
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| Illinois Community
College Board and the public community |
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| colleges of this State and all business
pending before the |
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| Board of Higher Education immediately before that effective
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| date with respect to the Illinois Community College Board and |
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| the public
community colleges of this State are hereby |
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| transferred by operation of law to
the Illinois Community |
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| College Board. The Illinois Community College Board
shall |
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| succeed to and complete all matters of pending business |
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| transferred to it
as provided under this Section and shall |
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| succeed to, assume, and exercise for
itself and with respect to |
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| the several public community colleges of this State
all rights, |
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| powers, duties, and responsibilities formerly exercised by the
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| Board of Higher Education under this Act or under any other |
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| law, rule, or
regulation with respect to the Illinois Public |
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| Community College Board and the
public community colleges of |
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| this State.
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| (Source: P.A. 89-4, eff. 1-1-96.)
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| Section 10. The Public Community College Act is amended by |
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| changing
Sections 2-11, 3-2, 3-3, 3-25.1, and 5-11 and adding |
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| Sections 2-26,
2-27, and 2-28 as follows:
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| (110 ILCS 805/2-11) (from Ch. 122, par. 102-11)
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| Sec. 2-11. Articulation procedures. The State Board , in |
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| cooperation with baccalaureate degree-granting institutions, |
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| the four-year colleges is empowered
to develop articulation |
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| procedures to the end that maximum freedom of
transfer among |
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| community colleges and between community colleges and
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| baccalaureate and associate degree-granting institutions be |
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| available, and consistent with minimum
admission policies |
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| established by the Board of Higher Education.
However, the |
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| State Board is authorized to establish
minimum admission |
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| policies for public community colleges, and the
provisions of |
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| this Section shall not be deemed to authorize the Board of |
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| Higher
Education to
have or exercise any powers with respect to |
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| establishing admission policies
applicable to public community |
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| colleges.
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| (Source: P.A. 78-669.)
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| (110 ILCS 805/2-26 new)
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| Sec. 2-26. Exercising of rights, powers, duties. The |
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| Illinois Community
College Board shall succeed to, assume, and |
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| exercise for itself and with
respect to the public community |
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| colleges of this State all rights, powers,
duties, and
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| responsibilities transferred to the Illinois Community College |
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| Board by this
amendatory Act of the 95th General Assembly and |
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| formerly exercised with respect
to the Illinois
Community |
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| College Board and the public community colleges of this State |
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| by the
Board of Higher Education.
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| (110 ILCS 805/2-27 new)
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| Sec. 2-27. Comprehensive community college plan. The State |
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| Board shall
analyze the present and future aims, needs, and |
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| requirements of the public
community college system of this |
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| State and develop a comprehensive plan for
the integration, |
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| coordination, efficient utilization, and expansion of the
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| facilities and curricula of public community colleges not only |
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| in those
areas that serve to bridge any gap between the |
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| education and training provided
to students through a secondary |
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| education level and the education and training
required for |
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| gainful career employment, but also in those areas that will
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| promote or encourage freedom of movement and transfer of |
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| students from
public community colleges to public and private |
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| universities. In developing a
comprehensive community college
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| plan under this Section, the State Board shall give due |
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| consideration to the
ability of the plan to complement the |
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| objectives of the master plan for higher
education developed by |
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| the Board of Higher Education. In addition, the State
Board |
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| shall engage in a continuing study, analysis, and evaluation of |
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| the
comprehensive community college plan developed under this |
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| Section and may from
time to time recommend to the General |
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| Assembly any legislation that it deems
necessary for the |
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| implementation or effective operation of the plan.
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| (110 ILCS 805/2-28 new)
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| Sec. 2-28. Budget proposal. On or before the second |
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| Wednesday of January
of each year, the State Board shall submit |
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| to the Governor, the General
Assembly, the Governor's Office of |
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| Management and Budget, and the
Commission on Government |
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| Forecasting and Accountability its budget proposal for the |
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| operation and capital needs of the State
Board and the public |
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| community colleges under its jurisdiction for the ensuing
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| fiscal year.
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| (110 ILCS 805/3-2) (from Ch. 122, par. 103-2)
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| Sec. 3-2. Action on petition; report.
Upon the receipt of |
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| such a petition, the State Board shall, in
cooperation with the |
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| regional superintendent of the county or counties in
which the |
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| territory of the proposed district is located, cause a study to
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| be made of the territory of the proposed district and the |
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| community college
needs and condition thereof and the area |
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| within and adjacent thereto in
relation to existing facilities |
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| for general education, including
pre-professional curricula |
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| and for training in occupational activities, and
in relation to |
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| a factual survey of the possible enrollment, assessed
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| valuation, industrial business, agricultural and other |
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| conditions
reflecting educational needs in the area to be |
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| served, in order to
determine whether in its judgment the |
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| proposed district may adequately
maintain a community college |
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| in accordance with such desirable standards.
In reviewing the |
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| application the State Board shall consider the feasibility
of |
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| any proposed utilization of existing public or private |
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| educational
facilities and land within or in near proximity to |
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| the boundary of the
proposed district, and of contracting with |
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| such public or private
institutions for the provision of |
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| educational programs. The State Board
shall also determine |
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| whether the proposal is in conformity with a comprehensive
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| community college plan developed by the State Board.
If the |
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| State
Board finds as the result of its study that
it is not |
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| possible for the proposed district to produce a desirable |
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| program
of community college education at a reasonable cost, it |
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| shall provide a
brief statement of the reasons for this |
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| decision and shall thereupon cause
a copy of the statement to |
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| be published in a newspaper or newspapers having
a general |
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| circulation in the territory of the proposed district and no
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| election shall be held or further proceedings had on said |
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| petition to
establish such a community college district. If |
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| approved the State Board
shall submit its findings to the Board |
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| of Higher Education for a
determination as to whether or not |
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| the proposal is in conformity with a
comprehensive community |
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| college program. When the Board of Higher Education
approves |
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| the request for a new community college , the State Board shall
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| prepare a report of its
such action on the petition. The report |
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| shall contain a
brief statement of the reasons for the decision |
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| and a resume stating why
the State Board deems it possible for |
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| the proposed district to provide a
desirable two-year college |
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| program at reasonable cost, the conditions under
which such |
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| operation would be possible, the estimated results of such
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| operation in terms of local taxes, the nature and probable cost |
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| of
alternative methods of providing adequate community college |
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| educational
opportunities for students in the territory |
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| involved and such other
information as the State Board believes |
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| may be helpful to the voters in
such territory in voting on the |
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| proposition to establish a community
college district.
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| (Source: P.A. 84-509.)
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| (110 ILCS 805/3-3) (from Ch. 122, par. 103-3)
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| Sec. 3-3. Notice and hearing on petition.
If the State |
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| Board of Higher Education disapproves the request for a new
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| community college, no election shall be held or further |
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| proceedings had on
such petition to establish a community |
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| college district. If the Board of
Higher Education approves the |
24 |
| request to establish a community college
district, the State |
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| Board shall cause notice of a hearing on the petition
to be |
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| given by publishing a notice thereof at least once each week |
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| for 3
successive weeks in at least one newspaper having general |
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| circulation
within the territory of the proposed district, and |
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| if no such newspaper
exists, then the publication shall be made |
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| in 2 or more newspapers which
together cover the territory with |
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| general circulation. The notice shall
state when and to whom |
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| the petition was presented, the description of the
territory of |
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| the proposed district, and the day on which the hearing upon
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| the petition and the report of the State Board will be held. On |
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| such day or
on a day to which the State Board shall continue |
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| said hearing, the State
Board or a hearing officer appointed by |
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| it shall hear the petition, present
the report and determine |
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| the sufficiency of the petition as herein
prescribed, and may |
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| adjourn the hearing from time to time or continue the
matter |
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| for want of sufficient notice or for other good cause. The |
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| State
Board or a hearing officer appointed by it shall hear any |
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| additional
evidence as to the school needs and conditions of |
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| the territory and in the
area within and adjacent thereto and |
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| if a hearing officer is appointed he
shall report a summary of |
20 |
| the testimony to the State Board. Whereupon the
State Board |
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| shall determine whether it is for the best interests of the
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| schools of such area and the educational welfare of the |
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| students therein
that such district be organized, and shall |
24 |
| determine also whether the
territory described in the petition |
25 |
| is compact and contiguous for college
purposes.
|
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| (Source: P.A. 78-669.)
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| (110 ILCS 805/3-25.1) (from Ch. 122, par. 103-25.1)
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| Sec. 3-25.1. Units of instruction.
To evaluate and review |
3 |
| proposals
authorize application to the Illinois Community |
4 |
| College
Board for the
approval of new units of instruction, |
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| research or public service as defined
in this Section and to |
6 |
| establish
or assist public community colleges in establishing
|
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| such new units following approval
in
accordance with the |
8 |
| provisions of this Act and the Board of Higher Education
Act .
|
9 |
| No public community college shall hereafter undertake the |
10 |
| establishment of
any new unit of instruction, research, or |
11 |
| public service without the approval
of the State Board. The |
12 |
| governing board of a community college district shall
submit to |
13 |
| the State Board all proposals for a new unit of instruction,
|
14 |
| research, or public service. The State Board shall evaluate the |
15 |
| proposal with
reference to any proposed master plan of higher |
16 |
| education developed by the
Board of Higher Education, but the |
17 |
| overriding standard to be applied by the
State Board in |
18 |
| determining whether to approve or disapprove the proposal in
|
19 |
| whole or in part or approve modifications thereof shall be |
20 |
| whether, in the
judgment of the State Board, the proposal is |
21 |
| consistent with the objectives of
a comprehensive community |
22 |
| college plan as developed by the State Board for the
public |
23 |
| community college system of this State.
|
24 |
| The State Board is authorized to review periodically all |
25 |
| existing programs of
instruction, research, and public service |
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| at public community colleges and
to advise the board of |
2 |
| trustees of each community college if the contribution
of any |
3 |
| such program offered at the public community college is not
|
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| educationally and economically justified.
|
5 |
| The term "new unit of instruction, research or public |
6 |
| service" includes
the establishment of a college, school, |
7 |
| division, institute, department
or other unit including majors |
8 |
| and curricula in any field of instruction,
research, or public |
9 |
| service not theretofore included in the program of the
|
10 |
| community college, and includes the establishment of any new |
11 |
| branch or campus
of the institution. The term shall not include |
12 |
| reasonable and moderate
extensions
of existing curricula, |
13 |
| research, or public service programs which have a
direct |
14 |
| relationship to existing programs; and the State Board may, |
15 |
| under
its rule making power define the character of reasonable |
16 |
| and moderate
extensions.
|
17 |
| (Source: P.A. 88-322.)
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| (110 ILCS 805/5-11) (from Ch. 122, par. 105-11)
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| Sec. 5-11. Building construction; grants. Any public |
20 |
| community college which subsequent to July 1,
1972, commenced |
21 |
| construction of any facilities approved by the State Board
or, |
22 |
| until the effective date of this amendatory Act of the 95th |
23 |
| General
Assembly,
that were
approved by
the State Board
and the |
24 |
| Illinois Board of Higher Education may, after completion |
25 |
| thereof,
apply to the State for a grant for expenditures made |
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| by the community college
from its own funds for building |
2 |
| purposes for such facilities in excess of
25% of the cost of |
3 |
| such facilities as approved by the State Board and the
Illinois |
4 |
| Board of Higher Education. Such grant shall be contingent upon
|
5 |
| said community college having otherwise complied with Sections |
6 |
| 5-3, 5-4,
5-5 and 5-10 of this Act.
|
7 |
| If any payments or contributions of any kind which are |
8 |
| based upon, or
are to be applied to, the cost of such |
9 |
| construction are received from the
Federal government, or an |
10 |
| agency thereof, subsequent to receipt of the grant
herein |
11 |
| provided, the amount of such subsequent payment or |
12 |
| contributions shall
be
paid over to the Capital Development |
13 |
| Board by the community college for deposit in the
Capital |
14 |
| Development Bond Interest and Retirement Fund.
|
15 |
| (Source: P.A. 80-1200.)
|