SB2087 95TH GENERAL ASSEMBLY

LRB095 18916 NHT 45068 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2087

Introduced 2/14/2008, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:

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
110 ILCS 805/2-27 new
110 ILCS 805/2-28 new
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

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT relating to education.

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

Section 5. The Board of Higher Education Act is amended by changing Sections 1, 7, 8, 9.07, and 10 as follows:

(110 ILCS 205/1) (from Ch. 144, par. 181)

Sec. 1. The following terms shall have the meanings respectively prescribed for them, except when the context otherwise requires:

(a) "Public institutions of higher education": The University of Illinois; Southern Illinois University; Chicago State University; Eastern Illinois University; Governors State University; Illinois State University; Northeastern Illinois University; Northern Illinois University; Western Illinois University; the public community colleges of the State and any other public universities, colleges and community colleges now or hereafter established or authorized by the General Assembly.

(b) "Board": The Board of Higher Education created by this Act.

(c) "Engineering college" has the meaning ascribed to it in the Professional Engineering Practice Act of 1989.

(Source: P.A. 89-4, eff. 1-1-96.)

(110 ILCS 205/7) (from Ch. 144, par. 187)

Sec. 7. The Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, the Illinois Community College Board and the campuses under their governance or supervision shall not hereafter undertake the establishment of any new unit of instruction, research or public service without the approval of the Board. The term "new unit of instruction, research or public service" includes the establishment of a college, school, division, institute, department or other unit in any field of instruction, research or public service not theretofore included in the program of the institution, and includes the establishment of any new branch or campus. The term does not include reasonable and moderate extensions of existing curricula, research, or public service programs which have a direct relationship to existing programs; and the Board may, under its rule making power, define the character of such reasonable and moderate extensions.

Such governing boards shall submit to the Board all proposals for a new unit of instruction, research, or public service. The Board may approve or disapprove the proposal in whole or in part or approve modifications thereof whenever in its judgment such action is consistent with the objectives of an existing or proposed master plan of higher education.

The Board of Higher Education is authorized to review periodically all existing programs of instruction, research and public service at the State universities and colleges and to advise the appropriate board of control if the contribution of each program is not educationally and economically justified.

(Source: P.A. 89-4, eff. 1-1-96.)

(110 ILCS 205/8) (from Ch. 144, par. 188)

Sec. 8. The Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, and the Board of Trustees of Western Illinois University, and the Illinois Community College Board shall submit to the Board not later than the 15th day of November of each year its budget proposals for the operation and capital needs of the institutions under its governance or supervision for the ensuing fiscal year. Each budget proposal shall conform to the procedures developed by the Board in the design of an information system for State universities and colleges.

In order to maintain a cohesive system of higher education, the Board and its staff shall communicate on a regular basis with all public university presidents. They shall meet at least semiannually to achieve economies of scale where possible and provide the most innovative and efficient programs and services.

The Board, in the analysis of formulating the annual budget request, shall consider rates of tuition and fees at the State universities and colleges. The Board shall also consider the current and projected utilization of the total physical plant of each campus of a university or college in approving the capital budget for any new building or facility.

The Board of Higher Education shall submit to the Governor, to the General Assembly, and to the appropriate budget agencies of the Governor and General Assembly its analysis and recommendations on such budget proposals.

Each state supported institution within the application of this Act must submit its plan for capital improvements of non-instructional facilities to the Board for approval before final commitments are made. Non-instructional uses shall include but not be limited to dormitories, union buildings, field houses, stadium, other recreational facilities and parking lots. The Board shall determine whether or not any project submitted for approval is consistent with the master plan for higher education and with instructional buildings that are provided for therein. If the project is found by a majority of the Board not to be consistent, such capital improvement shall not be constructed.

(Source: P.A. 89-4, eff. 1-1-96.)

(110 ILCS 205/9.07) (from Ch. 144, par. 189.07)

Sec. 9.07. Admission standards.

(a) Subject to the provisions of subsection (b), To establish minimum admission standards for public community colleges, colleges and State universities. However, notwithstanding any other provision of this Section or any other law of this State, the minimum admission standards established by the Board shall not directly or indirectly authorize or require a State college or university to discriminate in the admissions process against an applicant for admission because of the applicant's enrollment in a charter school established under Article 27A of the School Code. Admission standards for out-of-state students may be higher than for Illinois residents.

(b) (Blank). Implementation of the new statewide minimum admission requirements and standards for public colleges and universities in Illinois established and announced by the Board in December, 1985 shall be deferred as provided in this subsection. The Board shall not attempt to implement or otherwise effect adoption and establishment of those minimum admission requirements and standards in any public community college, college or State university prior to the fall of 1993, and no public community college, college or State university shall be under any duty or obligation to implement, establish or otherwise apply those minimum admission requirements and standards to any entering freshmen prior to the fall of 1993. The Board of Higher Education shall provide the State Superintendent of Education, on or before January 1, 1990, descriptions of course content, and such other criteria as are necessary to determine and certify whether all school districts maintaining grades 9-12 are offering courses which satisfy the minimum admission requirements and standards established and announced by the Board. In addition, there shall be established a 9 member committee composed of 3 members selected by the Board of Higher Education, 3 members selected by the State Superintendent of Education and 3 members selected by the President of the Illinois Vocational Association. The committee shall be appointed within 30 days after the effective date of this amendatory Act. It shall be the duty and responsibility of the committee to identify and develop courses and curricula in the vocational education area which meet the minimum admission requirements and standards to be established and implemented under this Section. The first meeting of the committee shall be called by the Executive Director of the Board of Higher Education within 10 days after the committee is appointed. At its first meeting the committee shall organize and elect a chairperson. The committee's report shall be prepared and submitted by the committee to the Board of Higher Education, the Illinois State Board of Education and the General Assembly by April 1, 1989.

(c) (Blank). By March 1, 1980, the Boards shall develop guidelines which: (1) place the emphasis on postsecondary remedial programs at Public Community Colleges and (2) reduces the role of the state universities in offering remedial programs. By June 30, 1981, the Board shall report to the General Assembly the progress made toward this transition in the emphasis on remedial programs at the postsecondary level and any legislative action that it deems appropriate.

(Source: P.A. 89-450, eff. 4-10-96.)

(110 ILCS 205/10) (from Ch. 144, par. 190)

Sec. 10. The Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, and the Board of Trustees of Western Illinois University, and the Illinois Community College Board shall retain all the powers and duties heretofore given and conferred upon them by statute, except insofar as they are limited by the powers and duties delegated to the Board of Higher Education by this Act.

Nothing, however, in this Act shall be construed to prevent individual State universities and colleges from establishing higher minimum admission requirements and higher minimum admission requirements may be established for out-of-state students than for Illinois residents.

All of the rights, powers, duties, and responsibilities vested by law, rule, or regulation in the Board of Higher Education immediately before the effective date of this amendatory Act of the 95th General Assembly with respect to the Illinois Community College Board and the public community colleges of this State and all business pending before the Board of Higher Education immediately before that effective date with respect to the Illinois Community College Board and the public community colleges of this State are hereby transferred by operation of law to the Illinois Community College Board. The Illinois Community College Board shall succeed to and complete all matters of pending business transferred to it as provided under this Section and shall succeed to, assume, and exercise for itself and with respect to the several public community colleges of this State all rights, powers, duties, and responsibilities formerly exercised by the Board of Higher Education under this Act or under any other law, rule, or regulation with respect to the Illinois Public Community College Board and the public community colleges of this State.

(Source: P.A. 89-4, eff. 1-1-96.)

Section 10. The Public Community College Act is amended by changing Sections 2-11, 3-2, 3-3, 3-25.1, and 5-11 and adding Sections 2-26, 2-27, and 2-28 as follows:

(110 ILCS 805/2-11) (from Ch. 122, par. 102-11)

Sec. 2-11. Articulation procedures. The State Board, in cooperation with baccalaureate degree-granting institutions, the four-year colleges is empowered to develop articulation procedures to the end that maximum freedom of transfer among community colleges and between community colleges and baccalaureate and associate degree-granting institutions be available, and consistent with minimum admission policies established by the Board of Higher Education. However, the State Board is authorized to establish minimum admission policies for public community colleges, and the provisions of this Section shall not be deemed to authorize the Board of Higher Education to have or exercise any powers with respect to establishing admission policies applicable to public community colleges.

(Source: P.A. 78-669.)

(110 ILCS 805/2-26 new)

Sec. 2-26. Exercising of rights, powers, duties. The Illinois Community College Board shall succeed to, assume, and exercise for itself and with respect to the public community colleges of this State all rights, powers, duties, and responsibilities transferred to the Illinois Community College Board by this amendatory Act of the 95th General Assembly and formerly exercised with respect to the Illinois Community College Board and the public community colleges of this State by the Board of Higher Education.

(110 ILCS 805/2-27 new)

Sec. 2-27. Comprehensive community college plan. The State Board shall analyze the present and future aims, needs, and requirements of the public community college system of this State and develop a comprehensive plan for the integration, coordination, efficient utilization, and expansion of the facilities and curricula of public community colleges not only in those areas that serve to bridge any gap between the education and training provided to students through a secondary education level and the education and training required for gainful career employment, but also in those areas that will promote or encourage freedom of movement and transfer of students from public community colleges to public and private universities. In developing a comprehensive community college plan under this Section, the State Board shall give due consideration to the ability of the plan to complement the objectives of the master plan for higher education developed by the Board of Higher Education. In addition, the State Board shall engage in a continuing study, analysis, and evaluation of the comprehensive community college plan developed under this Section and may from time to time recommend to the General Assembly any legislation that it deems necessary for the implementation or effective operation of the plan.

(110 ILCS 805/2-28 new)

Sec. 2-28. Budget proposal. On or before the second Wednesday of January of each year, the State Board shall submit to the Governor, the General Assembly, the Governor's Office of Management and Budget, and the Commission on Government Forecasting and Accountability its budget proposal for the operation and capital needs of the State Board and the public community colleges under its jurisdiction for the ensuing fiscal year.

(110 ILCS 805/3-2) (from Ch. 122, par. 103-2)

Sec. 3-2. Action on petition; report. Upon the receipt of such a petition, the State Board shall, in cooperation with the regional superintendent of the county or counties in which the territory of the proposed district is located, cause a study to be made of the territory of the proposed district and the community college needs and condition thereof and the area within and adjacent thereto in relation to existing facilities for general education, including pre-professional curricula and for training in occupational activities, and in relation to a factual survey of the possible enrollment, assessed valuation, industrial business, agricultural and other conditions reflecting educational needs in the area to be served, in order to determine whether in its judgment the proposed district may adequately maintain a community college in accordance with such desirable standards. In reviewing the application the State Board shall consider the feasibility of any proposed utilization of existing public or private educational facilities and land within or in near proximity to the boundary of the proposed district, and of contracting with such public or private institutions for the provision of educational programs. The State Board shall also determine whether the proposal is in conformity with a comprehensive community college plan developed by the State Board. If the State Board finds as the result of its study that it is not possible for the proposed district to produce a desirable program of community college education at a reasonable cost, it shall provide a brief statement of the reasons for this decision and shall thereupon cause a copy of the statement to be published in a newspaper or newspapers having a general circulation in the territory of the proposed district and no election shall be held or further proceedings had on said petition to establish such a community college district. If approved the State Board shall submit its findings to the Board of Higher Education for a determination as to whether or not the proposal is in conformity with a comprehensive community college program. When the Board of Higher Education approves the request for a new community college, the State Board shall prepare a report of its such action on the petition. The report shall contain a brief statement of the reasons for the decision and a resume stating why the State Board deems it possible for the proposed district to provide a desirable two-year college program at reasonable cost, the conditions under which such operation would be possible, the estimated results of such operation in terms of local taxes, the nature and probable cost of alternative methods of providing adequate community college educational opportunities for students in the territory involved and such other information as the State Board believes may be helpful to the voters in such territory in voting on the proposition to establish a community college district.

(Source: P.A. 84-509.)

(110 ILCS 805/3-3) (from Ch. 122, par. 103-3)

Sec. 3-3. Notice and hearing on petition. If the State Board of Higher Education disapproves the request for a new community college, no election shall be held or further proceedings had on such petition to establish a community college district. If the Board of Higher Education approves the request to establish a community college district, the State Board shall cause notice of a hearing on the petition to be given by publishing a notice thereof at least once each week for 3 successive weeks in at least one newspaper having general circulation within the territory of the proposed district, and if no such newspaper exists, then the publication shall be made in 2 or more newspapers which together cover the territory with general circulation. The notice shall state when and to whom the petition was presented, the description of the territory of the proposed district, and the day on which the hearing upon the petition and the report of the State Board will be held. On such day or on a day to which the State Board shall continue said hearing, the State Board or a hearing officer appointed by it shall hear the petition, present the report and determine the sufficiency of the petition as herein prescribed, and may adjourn the hearing from time to time or continue the matter for want of sufficient notice or for other good cause. The State Board or a hearing officer appointed by it shall hear any additional evidence as to the school needs and conditions of the territory and in the area within and adjacent thereto and if a hearing officer is appointed he shall report a summary of the testimony to the State Board. Whereupon the State Board shall determine whether it is for the best interests of the schools of such area and the educational welfare of the students therein that such district be organized, and shall determine also whether the territory described in the petition is compact and contiguous for college purposes.

(Source: P.A. 78-669.)

(110 ILCS 805/3-25.1) (from Ch. 122, par. 103-25.1)

Sec. 3-25.1. Units of instruction. To evaluate and review proposals authorize application to the Illinois Community College Board for the approval of new units of instruction, research or public service as defined in this Section and to establish or assist public community colleges in establishing such new units following approval in accordance with the provisions of this Act and the Board of Higher Education Act.

No public community college shall hereafter undertake the establishment of any new unit of instruction, research, or public service without the approval of the State Board. The governing board of a community college district shall submit to the State Board all proposals for a new unit of instruction, research, or public service. The State Board shall evaluate the proposal with reference to any proposed master plan of higher education developed by the Board of Higher Education, but the overriding standard to be applied by the State Board in determining whether to approve or disapprove the proposal in whole or in part or approve modifications thereof shall be whether, in the judgment of the State Board, the proposal is consistent with the objectives of a comprehensive community college plan as developed by the State Board for the public community college system of this State.

The State Board is authorized to review periodically all existing programs of instruction, research, and public service at public community colleges and to advise the board of trustees of each community college if the contribution of any such program offered at the public community college is not educationally and economically justified.

The term "new unit of instruction, research or public service" includes the establishment of a college, school, division, institute, department or other unit including majors and curricula in any field of instruction, research, or public service not theretofore included in the program of the community college, and includes the establishment of any new branch or campus of the institution. The term shall not include reasonable and moderate extensions of existing curricula, research, or public service programs which have a direct relationship to existing programs; and the State Board may, under its rule making power define the character of reasonable and moderate extensions.

(Source: P.A. 88-322.)

(110 ILCS 805/5-11) (from Ch. 122, par. 105-11)

Sec. 5-11. Building construction; grants. Any public community college which subsequent to July 1, 1972, commenced construction of any facilities approved by the State Board or, until the effective date of this amendatory Act of the 95th General Assembly, that were approved by the State Board and the Illinois Board of Higher Education may, after completion thereof, apply to the State for a grant for expenditures made by the community college from its own funds for building purposes for such facilities in excess of 25% of the cost of such facilities as approved by the State Board and the Illinois Board of Higher Education. Such grant shall be contingent upon said community college having otherwise complied with Sections 5-3, 5-4, 5-5 and 5-10 of this Act.

If any payments or contributions of any kind which are based upon, or are to be applied to, the cost of such construction are received from the Federal government, or an agency thereof, subsequent to receipt of the grant herein provided, the amount of such subsequent payment or contributions shall be paid over to the Capital Development Board by the community college for deposit in the Capital Development Bond Interest and Retirement Fund.

(Source: P.A. 80-1200.)