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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 3. The Governor's Office of Management and Budget | ||||||
5 | Act is amended by changing Section 6 as follows:
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6 | (20 ILCS 3005/6) (from Ch. 127, par. 416)
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7 | Sec. 6. In performing its responsibility under Section 2.1, | ||||||
8 | to assist the
Governor in submitting a recommended budget, the | ||||||
9 | Office shall:
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10 | (a) Distribute to all state agencies the proper blanks | ||||||
11 | necessary to the
preparation of budget estimates, which blanks | ||||||
12 | shall be in such form as
shall be prescribed by the Director, | ||||||
13 | to procure, among other things,
information as to the revenues | ||||||
14 | and expenditures for the preceding fiscal
year, the | ||||||
15 | appropriations made by the General Assembly for the preceding
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16 | fiscal year, the expenditures therefrom, obligations incurred | ||||||
17 | thereon, and
the amounts unobligated and unexpended, an | ||||||
18 | estimate of the revenues and
expenditures of the current fiscal | ||||||
19 | year, and an estimate of the revenues
and amounts needed for | ||||||
20 | the respective departments and offices for the next
succeeding | ||||||
21 | fiscal year.
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22 | (b) Require from each state agency its estimate of receipts | ||||||
23 | and
expenditures for the succeeding fiscal year, accompanied by |
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1 | a statement in
writing giving facts and explanation of reasons | ||||||
2 | for each item of
expenditure requested. With respect to the | ||||||
3 | State Board of Education, after adopting the annual budget | ||||||
4 | recommendation, the State Board of Education shall also submit | ||||||
5 | a report with all of the following information to the General | ||||||
6 | Assembly: | ||||||
7 | (1) The number of public budget hearings conducted | ||||||
8 | around this State. | ||||||
9 | (2) A list of the individuals and organizations that | ||||||
10 | participated in the public budget hearings and their | ||||||
11 | requested budget allocation. | ||||||
12 | (3) A summary of the Finance and Audit Committee's | ||||||
13 | discussions at the December and January State Board of | ||||||
14 | Education meetings. | ||||||
15 | (4) The rational for requested budget increases. | ||||||
16 | (5) The number of additional State Board of Education | ||||||
17 | staff required to implement the budget. | ||||||
18 | (6) Any additional information that would provide | ||||||
19 | information on the budget-making process.
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20 | (c) Make, at the discretion of the Director, further | ||||||
21 | inquiries and
investigations as to any item desired.
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22 | (d) Approve, disapprove or alter the estimates.
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23 | (Source: P.A. 93-25, eff. 6-20-03.)
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24 | Section 5. The School Code is amended by changing
Sections | ||||||
25 | 1A-1, 1A-2, 1A-2.1, and 1A-4 as follows:
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1 | (105 ILCS 5/1A-1) (from Ch. 122, par. 1A-1)
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2 | Sec. 1A-1. Members and terms.
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3 | (a) (Blank).
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4 | (a-5) In this Section, "ex parte communication" means any | ||||||
5 | written or oral communication by any person that imparts or | ||||||
6 | requests material information or makes a material argument | ||||||
7 | regarding potential action concerning regulatory, quasi | ||||||
8 | regulatory, investment, or licensing matters pending before or | ||||||
9 | under consideration by the State Board of Education. "Ex parte | ||||||
10 | communication" does not include (i) statements by a person | ||||||
11 | publicly made in a public forum, (ii) statements regarding | ||||||
12 | matters of procedure and practice, such as format, the number | ||||||
13 | of copies required, the manner of filing, and the status of a | ||||||
14 | matter, and (iii) statements made by an employee of the State | ||||||
15 | Board of Education to the agency head of the State Board of | ||||||
16 | Education or to other employees of the State Board of | ||||||
17 | Education. | ||||||
18 | (b) The State Board of
Education shall consist of 8
members | ||||||
19 | and a chairperson, who shall be appointed , with the advice and | ||||||
20 | consent of the Senate, by the
Governor with the assistance of a | ||||||
21 | Nomination Panel or by a Nomination Panel if the Governor does | ||||||
22 | not act within the 30 days allotted, as provided in subsection | ||||||
23 | (c-5) of this Section, with the advice and consent
of the | ||||||
24 | Senate from a pattern of regional representation as follows: 2
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25 | appointees shall be selected from among those counties of the |
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1 | State other
than Cook County and the 5 counties contiguous to | ||||||
2 | Cook County; 2 appointees shall be selected from
Cook County, | ||||||
3 | one of whom shall be a resident of the City of
Chicago and one | ||||||
4 | of whom shall be a resident of that
part of Cook County
which | ||||||
5 | lies outside the city limits of Chicago; 2
appointees shall be
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6 | selected from among the 5 counties of the State that are | ||||||
7 | contiguous to Cook
County; and 3 members
shall be selected as | ||||||
8 | members-at-large (one of which shall be the chairperson). With | ||||||
9 | respect to these appointments, one member of the State Board of | ||||||
10 | Education must be a former school board member, one member must | ||||||
11 | be a former district superintendent, one member must be a | ||||||
12 | former teacher, and one member must have significant business | ||||||
13 | experience. The Governor who takes office on the second Monday | ||||||
14 | of January after his or her election shall be the person who | ||||||
15 | appoints nominates members to fill vacancies whose terms begin | ||||||
16 | after that date and before the term of the next Governor | ||||||
17 | begins . | ||||||
18 | (b-5) The members of the State Board of Education shall be | ||||||
19 | appointed to serve for the following terms: | ||||||
20 | (1) The members in office on the effective date of this | ||||||
21 | amendatory Act of the 96th General Assembly shall serve | ||||||
22 | until their terms expire in January of 2011 or January of | ||||||
23 | 2013, whichever is applicable, and their successors are | ||||||
24 | appointed and have qualified. | ||||||
25 | (2) The successor of one of the members whose term | ||||||
26 | expires in January of 2011 and who was selected from among |
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1 | those counties of the State other than Cook County and the | ||||||
2 | 5 counties contiguous to Cook County shall serve for a term | ||||||
3 | that expires on the second Wednesday of January, 2017 and | ||||||
4 | until his or her successor is appointed and has qualified. | ||||||
5 | (3) The successor of the member whose term expires in | ||||||
6 | January of 2011 and who was selected from Cook County and | ||||||
7 | is a resident of the City of Chicago shall serve for a term | ||||||
8 | that expires on the second Wednesday of January, 2017 and | ||||||
9 | until his or her successor is appointed and has qualified. | ||||||
10 | (4) The successor of the member whose term expires in | ||||||
11 | January of 2011 and who was selected as a member-at-large | ||||||
12 | and is the chairperson shall serve for a term that expires | ||||||
13 | on the second Wednesday of January, 2017 and until his or | ||||||
14 | her successor is appointed and has qualified. | ||||||
15 | (5) The successor of the other member whose term | ||||||
16 | expires in January of 2011 and who was selected from among | ||||||
17 | those counties of the State other than Cook County and the | ||||||
18 | 5 counties contiguous to Cook County shall serve for a term | ||||||
19 | that expires on the second Wednesday of January, 2013 and | ||||||
20 | until his or her successor is appointed and has qualified. | ||||||
21 | The successor to this member (who may be reappointed) shall | ||||||
22 | serve for a term that expires on the second Wednesday of | ||||||
23 | January, 2019 and until his or her successor is appointed | ||||||
24 | and has qualified. | ||||||
25 | (6) The successor of the member whose term expires in | ||||||
26 | January of 2011 and who was selected as a member-at-large |
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1 | and is not the chairperson shall serve for a term that | ||||||
2 | expires on the second Wednesday of January, 2013 and until | ||||||
3 | his or her successor is appointed and has qualified. The | ||||||
4 | successor to this member (who may be reappointed) shall | ||||||
5 | serve for a term that expires on the second Wednesday of | ||||||
6 | January, 2019 and until his or her successor is appointed | ||||||
7 | and has qualified. | ||||||
8 | (7) The successor of the member whose term expires in | ||||||
9 | January of 2013 and who was selected from Cook County and | ||||||
10 | is a resident of that part of Cook County that lies outside | ||||||
11 | the city limits of Chicago shall serve for a term that | ||||||
12 | expires on the second Wednesday of January, 2015 and until | ||||||
13 | his or her successor is appointed and has qualified. The | ||||||
14 | successor to this member shall serve for a term that | ||||||
15 | expires on the second Wednesday of January, 2021 and until | ||||||
16 | his or her successor is appointed and has qualified. | ||||||
17 | (8) The successor of one of the members whose term | ||||||
18 | expires in January of 2013 and who was selected from among | ||||||
19 | the 5 counties of the State contiguous to Cook County shall | ||||||
20 | serve for a term that expires on the second Wednesday of | ||||||
21 | January, 2015 and until his or her successor is appointed | ||||||
22 | and has qualified. The successor to this member shall serve | ||||||
23 | for a term that expires on the second Wednesday of January, | ||||||
24 | 2021 and until his or her successor is appointed and has | ||||||
25 | qualified. | ||||||
26 | (9) The successor of the member whose term expires in |
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1 | January of 2013 and who was selected as a member-at-large | ||||||
2 | and is not the chairperson shall serve for a term that | ||||||
3 | expires on the second Wednesday of January, 2015 and until | ||||||
4 | his or her successor is appointed and has qualified. The | ||||||
5 | successor to this member shall serve for a term that | ||||||
6 | expires on the second Wednesday of January, 2021 and until | ||||||
7 | his or her successor is appointed and has qualified. | ||||||
8 | (10) The successor of the other member whose term | ||||||
9 | expires in January of 2013 and who was selected from among | ||||||
10 | the 5 counties of the State contiguous to Cook County shall | ||||||
11 | serve for a term that expires on the second Wednesday of | ||||||
12 | January, 2019 and until his or her successor is appointed | ||||||
13 | and has qualified. | ||||||
14 | The term of each member of the State Board of Education | ||||||
15 | whose term expires on January 12, 2005 shall instead terminate | ||||||
16 | on the effective date of this amendatory Act of the 93rd | ||||||
17 | General Assembly. Of these 3 seats, (i) the member initially | ||||||
18 | appointed pursuant to this amendatory Act of the 93rd General | ||||||
19 | Assembly whose seat was vacant on April 27, 2004 shall serve | ||||||
20 | until the second Wednesday of January, 2009 and (ii) the other | ||||||
21 | 2 members initially appointed pursuant to this amendatory Act | ||||||
22 | of the 93rd General Assembly shall serve until the second | ||||||
23 | Wednesday of January, 2007. | ||||||
24 | The term of the member of the State Board of Education | ||||||
25 | whose seat was vacant on April 27, 2004 and whose term expires | ||||||
26 | on January 10, 2007 shall instead terminate on the effective |
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1 | date of this amendatory Act of the 93rd General Assembly. The | ||||||
2 | member initially appointed pursuant to this amendatory Act of | ||||||
3 | the 93rd General Assembly to fill this seat shall be the | ||||||
4 | chairperson and shall serve until the second Wednesday of | ||||||
5 | January, 2007. | ||||||
6 | The term of the member of the State Board of Education | ||||||
7 | whose seat was vacant on May 28, 2004 but after April 27, 2004 | ||||||
8 | and whose term expires on January 10, 2007 shall instead | ||||||
9 | terminate on the effective date of this amendatory Act of the | ||||||
10 | 93rd General Assembly. The member initially appointed pursuant | ||||||
11 | to this amendatory Act of the 93rd General Assembly to fill | ||||||
12 | this seat shall serve until the second Wednesday of January, | ||||||
13 | 2007.
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14 | The term of the other member of the State Board of | ||||||
15 | Education whose term expires on January 10, 2007 shall instead | ||||||
16 | terminate on the effective date of this amendatory Act of the | ||||||
17 | 93rd General Assembly. The member initially appointed pursuant | ||||||
18 | to this amendatory Act of the 93rd General Assembly to fill | ||||||
19 | this seat shall serve until the second Wednesday of January, | ||||||
20 | 2007. | ||||||
21 | The term of the member of the State Board of Education | ||||||
22 | whose term expires on January 14, 2009 and who was selected | ||||||
23 | from among the 5 counties of the State that are contiguous to | ||||||
24 | Cook County and is a resident of Lake County shall instead | ||||||
25 | terminate on the effective date of this amendatory Act of the | ||||||
26 | 93rd General Assembly. The member initially appointed pursuant |
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1 | to this amendatory Act of the 93rd General Assembly to fill | ||||||
2 | this seat shall serve until the second Wednesday of January, | ||||||
3 | 2009. | ||||||
4 | (b-10) Upon expiration of the terms of the members as set | ||||||
5 | forth in subsection (b-5) of this Section initially appointed
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6 | under this amendatory Act of the 93rd General Assembly and | ||||||
7 | members whose terms were not terminated by this amendatory Act | ||||||
8 | of the 93rd General Assembly , their respective successors shall | ||||||
9 | be
appointed for terms of 6 4
years, from the second Wednesday | ||||||
10 | in January of each
odd
numbered year and until their respective | ||||||
11 | successors are appointed and have
qualified. | ||||||
12 | (c) At Of the 4 members, excluding the chairperson, whose | ||||||
13 | terms expire on the second Wednesday of January, 2007 and every | ||||||
14 | 4 years thereafter, one of those members must be an at-large | ||||||
15 | member and at no time may more than 5 2 of those members of the | ||||||
16 | State Board of Education be from one political party. Of the 4 | ||||||
17 | members whose terms expire on the second Wednesday of January, | ||||||
18 | 2009 and every 4 years thereafter, one of those members must be | ||||||
19 | an at-large member and at no time may more than 2 of those | ||||||
20 | members be from one political party. Party membership is | ||||||
21 | defined as having voted in the primary of the party in the last | ||||||
22 | primary before appointment.
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23 | (c-5) The Nomination Panel is established to provide a list | ||||||
24 | of nominees to the Governor for appointment to the State Board | ||||||
25 | of Education. Members of the Nomination Panel must be appointed | ||||||
26 | by majority vote of the following appointing authorities: the |
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1 | Governor, the Attorney General, and the Secretary of State. | ||||||
2 | Each member of the Nomination Panel shall serve for a term that | ||||||
3 | expires on January 15 of each even-numbered year and until his | ||||||
4 | or her successor is appointed and has qualified. The appointing | ||||||
5 | authorities may hold as many public or non-public meetings as | ||||||
6 | is required to fulfill their duties and may utilize their | ||||||
7 | respective staff and budget in carrying out their duties, | ||||||
8 | provided that the final vote on appointees to the Nomination | ||||||
9 | Panel shall take place in a meeting governed by the Open | ||||||
10 | Meetings Act. Any ex parte communications regarding the | ||||||
11 | Nomination Panel must be made a part of the record at the next | ||||||
12 | public meeting and part of a written record. The appointing | ||||||
13 | authorities shall file a list of members of the Nomination | ||||||
14 | Panel with the Secretary of State within 30 days after the | ||||||
15 | effective date of this amendatory Act of the 96th General | ||||||
16 | Assembly. Thereafter, the appointing authorities shall file a | ||||||
17 | list of members of the Nomination Panel with the Secretary of | ||||||
18 | State within 30 days after January 15 of each even-numbered | ||||||
19 | year. Members of the Nomination Panel may be reappointed. A | ||||||
20 | vacancy on the Nomination Panel due to disqualification or | ||||||
21 | resignation must be filled within 30 days after the vacancy, | ||||||
22 | and the appointing authorities must file the name of the new | ||||||
23 | appointee with the Secretary of State. | ||||||
24 | The Nomination Panel shall consist of the following 7 | ||||||
25 | members: | ||||||
26 | (1) Two members must be former district |
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1 | superintendents. | ||||||
2 | (2) One member must be a former elementary school | ||||||
3 | teacher. | ||||||
4 | (3) One member must be a former secondary school | ||||||
5 | teacher. | ||||||
6 | (4) Two members must be former State legislators with | ||||||
7 | significant experience and involvement in the elementary | ||||||
8 | and secondary education appropriation process. | ||||||
9 | (5) One member must have at least 5 years of experience | ||||||
10 | with a nonprofit agency in this State that is committed to | ||||||
11 | education advocacy and has an interest in education reform. | ||||||
12 | The appointing authorities shall solicit recommendations | ||||||
13 | from the Illinois Education Association, the Illinois | ||||||
14 | Federation of Teachers, the Illinois Statewide School | ||||||
15 | Management Alliance, ED-RED, the Illinois Association of | ||||||
16 | Regional Superintendents of Schools, the Metropolitan Planning | ||||||
17 | Council, the Illinois PTA, the Civic Committee of the | ||||||
18 | Commercial Club of Chicago, Voices for Illinois Children, | ||||||
19 | Action for Children, the Legislative Education Network of | ||||||
20 | DuPage County (LEND), the South Cooperative Organization for | ||||||
21 | Public Education (SCOPE), A+ Illinois, the Ounce of Prevention | ||||||
22 | Fund, the Illinois Business Roundtable, and any other source | ||||||
23 | deemed appropriate.
Each member of the Nomination Panel shall | ||||||
24 | receive $300 for each day the Nomination Panel meets. | ||||||
25 | At no time may more than 4 members of the Nomination Panel | ||||||
26 | be from one political party. Party membership is defined as |
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1 | having voted in the primary of the party in the last primary | ||||||
2 | before appointment. | ||||||
3 | Candidates for nomination to the State Board of Education | ||||||
4 | may apply or be nominated. The Nomination Panel has 30 days | ||||||
5 | after it is established to accept applications and nominations. | ||||||
6 | All candidates must fill out a written application and submit | ||||||
7 | to a background investigation to be eligible for consideration. | ||||||
8 | The written application must include a sworn statement signed | ||||||
9 | by the candidate disclosing any communications relating to the | ||||||
10 | regulation of elementary and secondary education that the | ||||||
11 | applicant has engaged in within the last year with a | ||||||
12 | constitutional officer, a member of the General Assembly, an | ||||||
13 | officer or other employee of the executive branch of this | ||||||
14 | State, or an employee of the legislative branch of this State. | ||||||
15 | A person who provides false or misleading information on | ||||||
16 | the application or fails to disclose a communication required | ||||||
17 | to be disclosed in the sworn statement under this Section is | ||||||
18 | guilty of a Class 3 felony. | ||||||
19 | Once an application is submitted to the Nomination Panel | ||||||
20 | and until (i) the candidate is rejected by the Nomination | ||||||
21 | Panel, (ii) the candidate is rejected by the Governor, (iii) | ||||||
22 | the candidate is rejected by the Senate, or (iv) the candidate | ||||||
23 | is confirmed by the Senate, whichever is applicable, a | ||||||
24 | candidate may not engage in ex parte communications. | ||||||
25 | Within 60 days after the Nomination Panel is established, | ||||||
26 | the Nomination Panel must review written applications, |
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1 | determine eligibility for oral interviews, confirm | ||||||
2 | satisfactory background investigations, and hold public | ||||||
3 | hearings on qualifications of candidates. Initial interviews | ||||||
4 | of candidates need not be held in meetings subject to the Open | ||||||
5 | Meetings Act; members or staff may arrange for informal | ||||||
6 | interviews. Prior to recommendation, however, the Nomination | ||||||
7 | Panel must question candidates under oath in a meeting subject | ||||||
8 | to the Open Meetings Act. | ||||||
9 | The Nomination Panel must recommend 15 nominees for | ||||||
10 | appointment to the State Board of Education within 60 days | ||||||
11 | after the Nomination Panel is established. The Governor may | ||||||
12 | choose only from these nominations. The Nomination Panel shall | ||||||
13 | deliver a list of the nominees, including a memorandum | ||||||
14 | detailing the nominees' qualifications, to the Governor. After | ||||||
15 | submitting the list to the Governor, the Nomination Panel shall | ||||||
16 | file a copy along with a statement confirming delivery of the | ||||||
17 | list and memorandum to the Governor with the Secretary of | ||||||
18 | State. The Secretary of State shall indicate the date and time | ||||||
19 | of filing. | ||||||
20 | After reviewing the nominations, the Governor may select 5 | ||||||
21 | nominees for appointment to the State Board of Education, to be | ||||||
22 | confirmed by the Senate. The Governor shall file the names of | ||||||
23 | his or her appointments with the Senate and the Secretary of | ||||||
24 | State. The Secretary of State shall indicate the date and time | ||||||
25 | of filing. | ||||||
26 | The Governor has 30 days from the date the Nomination Panel |
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1 | files its list of nominees with the Secretary of State to make | ||||||
2 | appointments to be confirmed by the Senate. If the Governor | ||||||
3 | does not select all appointees within this 30 days, the | ||||||
4 | Nomination Panel may appoint those members not yet selected for | ||||||
5 | appointment by the Governor. The Nomination Panel shall file | ||||||
6 | the names of its appointments with the Senate and the Secretary | ||||||
7 | of State. The Secretary of State shall indicate the date and | ||||||
8 | time of filing. | ||||||
9 | Appointments by the Governor or Nomination Panel must be | ||||||
10 | confirmed by the Senate by two-thirds of its members by record | ||||||
11 | vote. Any appointment not acted upon within 30 calendar days | ||||||
12 | after the date of filing the names of appointments with the | ||||||
13 | Secretary of State shall be deemed to have received the advice | ||||||
14 | and consent of the Senate. | ||||||
15 | (d) When a vacancy occurs on the State Board of Education, | ||||||
16 | the Nomination Panel shall accept applications and nominations | ||||||
17 | of candidates for 30 days from the date the vacancy occurred. | ||||||
18 | All candidates must fill out a written application and submit | ||||||
19 | to a background investigation to be eligible for consideration. | ||||||
20 | The written application must include a sworn statement signed | ||||||
21 | by the candidate disclosing any communications relating to the | ||||||
22 | regulation of elementary and secondary education that the | ||||||
23 | applicant has engaged in within the last year with a | ||||||
24 | constitutional officer, a member of the General Assembly, an | ||||||
25 | officer or other employee of the executive branch of this | ||||||
26 | State, or an employee of the legislative branch of this State. |
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1 | A person who provides false or misleading information on | ||||||
2 | the application or fails to disclose a communication required | ||||||
3 | to be disclosed in the sworn statement under this Section is | ||||||
4 | guilty of a Class 3 felony.
Once an application is submitted to | ||||||
5 | the Nomination Panel and until (i) the candidate is rejected by | ||||||
6 | the Nomination Panel, (ii) the candidate is rejected by the | ||||||
7 | Governor, (iii) the candidate is rejected by the Senate, or | ||||||
8 | (iv) the candidate is confirmed by the Senate, whichever is | ||||||
9 | applicable, a candidate may not engage in ex parte | ||||||
10 | communications. | ||||||
11 | The Nomination Panel must review written applications, | ||||||
12 | determine eligibility for oral interviews, confirm | ||||||
13 | satisfactory background investigations, and hold public | ||||||
14 | hearings on qualifications of candidates. Initial interviews | ||||||
15 | of candidates need not be held in meetings subject to the Open | ||||||
16 | Meetings Act; members or staff may arrange for informal | ||||||
17 | interviews. Prior to recommendation, however, the Nomination | ||||||
18 | Panel must question candidates under oath in a meeting subject | ||||||
19 | to the Open Meetings Act. | ||||||
20 | The Nomination Panel must nominate at least 3 candidates | ||||||
21 | for the vacancy within 60 days after that vacancy occurs. | ||||||
22 | Within 30 days after that, the Governor shall appoint one of | ||||||
23 | those nominees to fill the vacancy for the remainder of the | ||||||
24 | unexpired term. If the Governor does not fill the vacancy | ||||||
25 | within the 30 days, the Nomination Panel may make the | ||||||
26 | appointment.
Vacancies shall be confirmed by the Senate in the |
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1 | same manner as full-term appointments under subsection (c-5) of | ||||||
2 | this Section. Vacancies in terms shall be filled by appointment | ||||||
3 | by the
Governor with the advice and consent of the Senate for | ||||||
4 | the extent of the
unexpired term.
If a vacancy in membership | ||||||
5 | occurs at a time when the Senate is not in
session, the | ||||||
6 | Governor shall make a temporary appointment until the next | ||||||
7 | meeting
of the Senate, when the Governor shall appoint a person | ||||||
8 | to fill that membership
for the remainder of its term. If the | ||||||
9 | Senate is not in session when
appointments for a full term are | ||||||
10 | made, the appointments shall be made as in the
case of | ||||||
11 | vacancies.
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12 | (Source: P.A. 93-1036, eff. 9-14-04.)
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13 | (105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)
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14 | Sec. 1A-2. Qualifications. The members of the State Board | ||||||
15 | of Education
shall be citizens of the United States and | ||||||
16 | residents of the State of Illinois
and shall be selected as far | ||||||
17 | as may be practicable on the basis of their
knowledge of, or | ||||||
18 | interest and experience in, problems of public education.
No | ||||||
19 | member of the State Board of Education shall be gainfully | ||||||
20 | employed or
administratively connected with any school system, | ||||||
21 | nor have any interest in
or benefit from funds provided by the | ||||||
22 | State Board of Education to an
institution of higher
learning, | ||||||
23 | public or private, within Illinois, nor shall they be members
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24 | of a school board or board of school trustees of a public or | ||||||
25 | nonpublic school,
college, university or technical institution |
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1 | within Illinois. No member
shall be appointed to more than 2 | ||||||
2 | full-year
six year terms. Members shall be reimbursed
for all | ||||||
3 | ordinary and necessary expenses incurred in performing their | ||||||
4 | duties
as members of the Board. Expenses shall be approved by | ||||||
5 | the Board and be
consistent with the laws, policies, and | ||||||
6 | requirements of the
State of Illinois regarding such | ||||||
7 | expenditures, plus any member may include
in his claim for | ||||||
8 | expenses $50 per day for meeting days.
| ||||||
9 | (Source: P.A. 90-548, eff. 1-1-98; revised 10-23-08.)
| ||||||
10 | (105 ILCS 5/1A-2.1) (from Ch. 122, par. 1A-2.1)
| ||||||
11 | Sec. 1A-2.1. Vacancies. In addition to the authority of the | ||||||
12 | Governor to remove a person from office under Section 10 of | ||||||
13 | Article V of the Constitution of the State of Illinois, the | ||||||
14 | State Board of Education The Governor may remove for | ||||||
15 | incompetence, neglect of duty, or malfeasance in office any | ||||||
16 | member of the State Board of Education by a two-thirds vote in | ||||||
17 | favor of removal . A vacancy also exists on the State Board of
| ||||||
18 | Education when one or more of the following events occur:
| ||||||
19 | 1. A member dies.
| ||||||
20 | 2. A member files a written resignation with the Governor.
| ||||||
21 | 3. A member is adjudicated to be a person under legal | ||||||
22 | disability under
the Probate Act of 1975 or
a person subject to | ||||||
23 | involuntary admission
under the Mental Health and | ||||||
24 | Developmental Disabilities Code.
| ||||||
25 | 4. A member ceases to be a resident of the region from
|
| |||||||
| |||||||
1 | which he or she was appointed.
| ||||||
2 | 5. A member is convicted of an infamous crime or of any | ||||||
3 | offense
involving a violation of his or her duties under this | ||||||
4 | Code.
| ||||||
5 | 6. A member fails to maintain the qualifications stated in | ||||||
6 | Section
1A-2 of this Code.
| ||||||
7 | (Source: P.A. 93-1036, eff. 9-14-04.)
| ||||||
8 | (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
| ||||||
9 | Sec. 1A-4. Powers and duties of the Board.
| ||||||
10 | A. (Blank).
| ||||||
11 | B. The Board shall determine the qualifications of and | ||||||
12 | appoint a
chief education officer, to be known as the State | ||||||
13 | Superintendent of
Education, who may be proposed by the | ||||||
14 | Governor and who shall serve at the pleasure of the Board and | ||||||
15 | pursuant to a
performance-based contract linked to statewide | ||||||
16 | student performance and academic
improvement within Illinois | ||||||
17 | schools. Upon expiration or buyout of the contract of the State | ||||||
18 | Superintendent of Education in office on the effective date of | ||||||
19 | this amendatory Act of the 96th 93rd General Assembly, a new | ||||||
20 | State Superintendent of Education may shall be appointed by the | ||||||
21 | a State Board of Education that includes the 7 new Board | ||||||
22 | members who were appointed to fill seats of members whose terms | ||||||
23 | were terminated on the effective date of this amendatory Act of | ||||||
24 | the 93rd General Assembly . Thereafter, a State Superintendent | ||||||
25 | of Education must, at a minimum, be appointed at the beginning |
| |||||||
| |||||||
1 | of each term of a Governor after that Governor has made | ||||||
2 | appointments to the Board. A performance-based
contract issued | ||||||
3 | for the employment of a State Superintendent of
Education must | ||||||
4 | be for 4 years. A entered into on or after the effective date | ||||||
5 | of this amendatory Act of the 93rd General Assembly must expire | ||||||
6 | no later than February 1, 2007, and subsequent contracts must | ||||||
7 | expire no later than February 1 each 4 years thereafter. No | ||||||
8 | contract
shall be
extended or renewed beyond February 1, 2007 | ||||||
9 | and February 1 each 4 years thereafter, but a State | ||||||
10 | Superintendent of Education shall serve until his or her | ||||||
11 | successor is appointed. Each contract entered into on or before | ||||||
12 | January 8, 2007 with a State Superintendent of Education must | ||||||
13 | provide that the State Board of Education may terminate the | ||||||
14 | contract for cause, and the State Board of Education shall not | ||||||
15 | thereafter be liable for further payments under the contract. | ||||||
16 | With regard to this amendatory Act of the 93rd General | ||||||
17 | Assembly, it is the intent of the General Assembly that, | ||||||
18 | beginning with the Governor who takes office on the second | ||||||
19 | Monday of January, 2007, a State Superintendent of Education be | ||||||
20 | appointed at the beginning of each term of a Governor after | ||||||
21 | that Governor has made appointments to the Board. The State
| ||||||
22 | Superintendent of Education shall not serve as a member of the | ||||||
23 | State
Board of Education. The Board shall set the compensation | ||||||
24 | of the State
Superintendent of Education who shall serve as the | ||||||
25 | Board's chief
executive officer. The Board shall also establish | ||||||
26 | the duties, powers and
responsibilities of the State |
| |||||||
| |||||||
1 | Superintendent, which shall be included in the
State | ||||||
2 | Superintendent's performance-based contract along with the | ||||||
3 | goals and
indicators of student performance and academic | ||||||
4 | improvement used to measure the
performance and effectiveness | ||||||
5 | of the State Superintendent.
The State Board of Education may | ||||||
6 | delegate
to the State Superintendent of Education the authority | ||||||
7 | to act on the Board's
behalf, provided such delegation is made | ||||||
8 | pursuant to adopted board policy
or the powers delegated are | ||||||
9 | ministerial in nature. The State Board may
not delegate | ||||||
10 | authority under this Section to the State Superintendent to
(1) | ||||||
11 | nonrecognize school districts, (2) withhold State payments as a | ||||||
12 | penalty,
or (3) make final decisions under the contested case | ||||||
13 | provisions of the Illinois
Administrative Procedure Act unless | ||||||
14 | otherwise provided by law.
| ||||||
15 | C. The powers and duties of the State Board of Education | ||||||
16 | shall encompass all
duties delegated to the Office of | ||||||
17 | Superintendent of Public Instruction on
January 12, 1975, | ||||||
18 | except as the law providing for such powers and duties is
| ||||||
19 | thereafter amended, and such other powers and duties as the | ||||||
20 | General Assembly
shall designate. The Board shall be | ||||||
21 | responsible for the educational policies
and guidelines for | ||||||
22 | public schools, pre-school through grade
12 and Vocational | ||||||
23 | Education in the State of Illinois. The Board shall
analyze the | ||||||
24 | present and future aims, needs, and requirements of
education | ||||||
25 | in the State of Illinois and recommend to the General Assembly
| ||||||
26 | the powers which should be exercised by the Board. Every year, |
| |||||||
| |||||||
1 | the The Board shall
recommend the passage and the legislation | ||||||
2 | necessary to determine the
appropriate relationship between | ||||||
3 | the Board and local boards of education
and the various State | ||||||
4 | agencies and shall recommend desirable
modifications in the | ||||||
5 | laws which affect schools.
| ||||||
6 | D. Two members of the Board shall be appointed by the | ||||||
7 | chairperson
to serve on a standing joint Education Committee, 2 | ||||||
8 | others shall be
appointed from the Board of Higher Education, 2
| ||||||
9 | others shall be appointed by the chairperson of the
Illinois | ||||||
10 | Community College Board, and 2 others shall be appointed by the
| ||||||
11 | chairperson of the Human Resource Investment Council. The
| ||||||
12 | Committee shall be
responsible for making recommendations | ||||||
13 | concerning the submission of any
workforce development plan or | ||||||
14 | workforce training program required by federal
law or under any | ||||||
15 | block grant authority. The Committee will be
responsible for | ||||||
16 | developing policy on matters of mutual concern to
elementary, | ||||||
17 | secondary and higher education such as Occupational and
Career | ||||||
18 | Education, Teacher Preparation and Certification, Educational
| ||||||
19 | Finance, Articulation between Elementary, Secondary and Higher | ||||||
20 | Education
and Research and Planning. The joint Education | ||||||
21 | Committee shall meet at
least quarterly and submit an annual | ||||||
22 | report of its findings,
conclusions, and recommendations to the | ||||||
23 | State Board of Education, the Board of
Higher Education, the | ||||||
24 | Illinois Community College Board,
the Human Resource | ||||||
25 | Investment Council, the Governor, and the
General
Assembly. All | ||||||
26 | meetings of this Committee shall be official meetings for
|
| |||||||
| |||||||
1 | reimbursement under this Act. On the effective date of this | ||||||
2 | amendatory Act of the 95th General Assembly, the Joint | ||||||
3 | Education Committee is abolished.
| ||||||
4 | E. Five members of the Board shall constitute a quorum. A
| ||||||
5 | majority
vote of the members appointed, confirmed and serving | ||||||
6 | on the Board is
required to approve any action , except that the | ||||||
7 | 7 new Board members who were appointed to fill seats of members | ||||||
8 | whose terms were terminated on the effective date of this | ||||||
9 | amendatory act of the 93rd General Assembly may vote to approve | ||||||
10 | actions when appointed and serving .
| ||||||
11 | E-5. Using the most recently available data, the Board | ||||||
12 | shall prepare and submit to the General Assembly and the
| ||||||
13 | Governor on or before January 14, 1976 and annually thereafter | ||||||
14 | a report
or reports of its findings and recommendations. Such | ||||||
15 | annual report shall
contain a separate section which provides a | ||||||
16 | critique and analysis of the
status of education in Illinois | ||||||
17 | and which identifies its specific problems
and recommends | ||||||
18 | express solutions therefor.
Such annual report also shall | ||||||
19 | contain the following information for the
preceding year ending | ||||||
20 | on June 30: each act or omission of a school district
of which | ||||||
21 | the State Board of Education has knowledge as a consequence of
| ||||||
22 | scheduled, approved visits and which constituted a
failure by | ||||||
23 | the district to comply with applicable State or federal laws or
| ||||||
24 | regulations relating to public education, the name of such | ||||||
25 | district, the date
or dates on which the State Board of | ||||||
26 | Education notified the school district of
such act or omission, |
| |||||||
| |||||||
1 | and what action, if any, the school district took with
respect | ||||||
2 | thereto after being notified thereof by the State Board of | ||||||
3 | Education.
The report shall also include the statewide high | ||||||
4 | school dropout rate by
grade level, sex and race and the annual | ||||||
5 | student dropout rate of and the
number of students who graduate | ||||||
6 | from, transfer from or otherwise leave
bilingual programs. The | ||||||
7 | annual report shall include any recommended legislation that | ||||||
8 | the Board considers appropriate for the educational needs of | ||||||
9 | this State and how far behind the federal government is on No | ||||||
10 | Child Left Behind Act funding for this State. The Auditor | ||||||
11 | General shall annually perform a
compliance audit of the State | ||||||
12 | Board of Education's performance of the
reporting duty imposed | ||||||
13 | by this subsection E-5 amendatory Act of 1986 . A regular system | ||||||
14 | of
communication with other directly related State agencies | ||||||
15 | shall be
implemented.
| ||||||
16 | The requirement for reporting to the General Assembly shall | ||||||
17 | be satisfied
by filing copies of the report with the Speaker, | ||||||
18 | the Minority Leader and
the Clerk of the House of | ||||||
19 | Representatives and the President, the Minority
Leader and the | ||||||
20 | Secretary of the Senate and the Legislative Council, as | ||||||
21 | required
by Section 3.1 of the General
Assembly Organization | ||||||
22 | Act, and
filing such additional
copies with the State | ||||||
23 | Government Report Distribution Center for the General
Assembly | ||||||
24 | as is required under paragraph (t) of Section 7 of the State | ||||||
25 | Library
Act.
| ||||||
26 | F. The Upon appointment of the 7 new Board members who were |
| |||||||
| |||||||
1 | appointed to fill seats of members whose terms were terminated | ||||||
2 | on the effective date of this amendatory Act of the 93rd | ||||||
3 | General Assembly, the Board shall review all of its current | ||||||
4 | rules in an effort to streamline procedures, improve | ||||||
5 | efficiency, and eliminate unnecessary forms and paperwork.
| ||||||
6 | G. The Board shall provide the General Assembly with a | ||||||
7 | separate budget that shows what is needed to fully fund all
| ||||||
8 | State mandates and to meet the educational needs of this State. | ||||||
9 | This budget must be filed with the Secretary of the Senate and | ||||||
10 | the Clerk of the House of Representatives at the same time that | ||||||
11 | the information required to be submitted to the General | ||||||
12 | Assembly under subdivision (b) of Section 6 of the Governor's | ||||||
13 | Office of Management and Budget Act is filed with the Secretary | ||||||
14 | of the Senate and the Clerk of the House of Representatives. | ||||||
15 | (Source: P.A. 95-626, eff. 6-1-08; 95-793, eff. 1-1-09.)
| ||||||
16 | Section 97. Severability. The provisions of this Act are | ||||||
17 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
|