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Elementary & Secondary Education Committee
Filed: 2/19/2009
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| AMENDMENT TO HOUSE BILL 80
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| AMENDMENT NO. ______. Amend House Bill 80 by replacing |
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| everything after the enacting clause with the following:
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| "Section 3. The Governor's Office of Management and Budget |
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| Act is amended by changing Section 6 as follows:
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| (20 ILCS 3005/6) (from Ch. 127, par. 416)
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| Sec. 6. In performing its responsibility under Section 2.1, |
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| to assist the
Governor in submitting a recommended budget, the |
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| Office shall:
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| (a) Distribute to all state agencies the proper blanks |
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| necessary to the
preparation of budget estimates, which blanks |
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| shall be in such form as
shall be prescribed by the Director, |
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| to procure, among other things,
information as to the revenues |
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| and expenditures for the preceding fiscal
year, the |
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| appropriations made by the General Assembly for the preceding
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| fiscal year, the expenditures therefrom, obligations incurred |
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| thereon, and
the amounts unobligated and unexpended, an |
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| estimate of the revenues and
expenditures of the current fiscal |
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| year, and an estimate of the revenues
and amounts needed for |
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| the respective departments and offices for the next
succeeding |
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| fiscal year.
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| (b) Require from each state agency its estimate of receipts |
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| and
expenditures for the succeeding fiscal year, accompanied by |
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| a statement in
writing giving facts and explanation of reasons |
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| for each item of
expenditure requested. With respect to the |
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| State Board of Education, after adopting the annual budget |
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| recommendation, the State Board of Education shall also submit |
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| a report with all of the following information to the General |
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| Assembly: |
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| (1) The number of public budget hearings conducted |
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| around this State. |
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| (2) A list of the individuals and organizations that |
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| participated in the public budget hearings and their |
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| requested budget allocation. |
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| (3) A summary of the Finance and Audit Committee's |
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| discussions at the December and January State Board of |
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| Education meetings. |
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| (4) The rational for requested budget increases. |
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| (5) The number of additional State Board of Education |
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| staff required to implement the budget. |
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| (6) Any additional information that would provide |
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| information on the budget-making process.
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| (c) Make, at the discretion of the Director, further |
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| inquiries and
investigations as to any item desired.
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| (d) Approve, disapprove or alter the estimates.
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| (Source: P.A. 93-25, eff. 6-20-03.)
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| Section 5. The School Code is amended by changing
Sections |
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| 1A-1, 1A-2, 1A-2.1, and 1A-4 as follows:
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| (105 ILCS 5/1A-1) (from Ch. 122, par. 1A-1)
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| Sec. 1A-1. Members and terms.
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| (a) (Blank).
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| (a-5) In this Section, "ex parte communication" means any |
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| written or oral communication by any person that imparts or |
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| requests material information or makes a material argument |
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| regarding potential action concerning regulatory, quasi |
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| regulatory, investment, or licensing matters pending before or |
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| under consideration by the State Board of Education. "Ex parte |
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| communication" does not include (i) statements by a person |
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| publicly made in a public forum, (ii) statements regarding |
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| matters of procedure and practice, such as format, the number |
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| of copies required, the manner of filing, and the status of a |
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| matter, and (iii) statements made by an employee of the State |
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| Board of Education to the agency head of the State Board of |
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| Education or to other employees of the State Board of |
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| Education. |
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| (b) The State Board of
Education shall consist of 8
members |
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| and a chairperson, who shall be appointed , with the advice and |
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| consent of the Senate, by the
Governor with the assistance of a |
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| Nomination Panel or by a Nomination Panel if the Governor does |
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| not act within the 30 days allotted, as provided in subsection |
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| (c-5) of this Section, with the advice and consent
of the |
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| Senate from a pattern of regional representation as follows: 2
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| appointees shall be selected from among those counties of the |
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| State other
than Cook County and the 5 counties contiguous to |
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| Cook County; 2 appointees shall be selected from
Cook County, |
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| one of whom shall be a resident of the City of
Chicago and one |
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| of whom shall be a resident of that
part of Cook County
which |
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| lies outside the city limits of Chicago; 2
appointees shall be
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| selected from among the 5 counties of the State that are |
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| contiguous to Cook
County; and 3 members
shall be selected as |
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| members-at-large (one of which shall be the chairperson). With |
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| respect to these appointments, one member of the State Board of |
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| Education must be a former school board member, one member must |
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| be a former district superintendent, one member must be a |
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| former teacher, and one member must have significant business |
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| experience. The Governor who takes office on the second Monday |
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| of January after his or her election shall be the person who |
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| appoints nominates members to fill vacancies whose terms begin |
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| after that date and before the term of the next Governor |
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| begins . |
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| (b-5) The members of the State Board of Education shall be |
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| appointed to serve for the following terms: |
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| (1) The members in office on the effective date of this |
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| amendatory Act of the 96th General Assembly shall serve |
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| until their terms expire in January of 2011 or January of |
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| 2013, whichever is applicable, and their successors are |
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| appointed and have qualified. |
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| (2) The successor of one of the members whose term |
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| expires in January of 2011 and who was selected from among |
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| those counties of the State other than Cook County and the |
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| 5 counties contiguous to Cook County shall serve for a term |
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| that expires on the second Wednesday of January, 2017 and |
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| until his or her successor is appointed and has qualified. |
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| (3) The successor of the member whose term expires in |
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| January of 2011 and who was selected from Cook County and |
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| is a resident of the City of Chicago shall serve for a term |
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| that expires on the second Wednesday of January, 2017 and |
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| until his or her successor is appointed and has qualified. |
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| (4) The successor of the member whose term expires in |
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| January of 2011 and who was selected as a member-at-large |
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| and is the chairperson shall serve for a term that expires |
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| on the second Wednesday of January, 2017 and until his or |
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| her successor is appointed and has qualified. |
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| (5) The successor of the other member whose term |
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| expires in January of 2011 and who was selected from among |
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| those counties of the State other than Cook County and the |
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| 5 counties contiguous to Cook County shall serve for a term |
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| that expires on the second Wednesday of January, 2013 and |
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| until his or her successor is appointed and has qualified. |
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| The successor to this member (who may be reappointed) shall |
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| serve for a term that expires on the second Wednesday of |
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| January, 2019 and until his or her successor is appointed |
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| and has qualified. |
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| (6) The successor of the member whose term expires in |
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| January of 2011 and who was selected as a member-at-large |
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| and is not the chairperson shall serve for a term that |
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| expires on the second Wednesday of January, 2013 and until |
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| his or her successor is appointed and has qualified. The |
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| successor to this member (who may be reappointed) shall |
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| serve for a term that expires on the second Wednesday of |
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| January, 2019 and until his or her successor is appointed |
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| and has qualified. |
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| (7) The successor of the member whose term expires in |
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| January of 2013 and who was selected from Cook County and |
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| is a resident of that part of Cook County that lies outside |
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| the city limits of Chicago shall serve for a term that |
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| expires on the second Wednesday of January, 2015 and until |
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| his or her successor is appointed and has qualified. The |
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| successor to this member shall serve for a term that |
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| expires on the second Wednesday of January, 2021 and until |
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| his or her successor is appointed and has qualified. |
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| (8) The successor of one of the members whose term |
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| expires in January of 2013 and who was selected from among |
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| the 5 counties of the State contiguous to Cook County shall |
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| serve for a term that expires on the second Wednesday of |
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| January, 2015 and until his or her successor is appointed |
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| and has qualified. The successor to this member shall serve |
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| for a term that expires on the second Wednesday of January, |
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| 2021 and until his or her successor is appointed and has |
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| qualified. |
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| (9) The successor of the member whose term expires in |
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| January of 2013 and who was selected as a member-at-large |
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| and is not the chairperson shall serve for a term that |
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| expires on the second Wednesday of January, 2015 and until |
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| his or her successor is appointed and has qualified. The |
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| successor to this member shall serve for a term that |
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| expires on the second Wednesday of January, 2021 and until |
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| his or her successor is appointed and has qualified. |
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| (10) The successor of the other member whose term |
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| expires in January of 2013 and who was selected from among |
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| the 5 counties of the State contiguous to Cook County shall |
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| serve for a term that expires on the second Wednesday of |
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| January, 2019 and until his or her successor is appointed |
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| and has qualified. |
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| The term of each member of the State Board of Education |
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| whose term expires on January 12, 2005 shall instead terminate |
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| on the effective date of this amendatory Act of the 93rd |
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| General Assembly. Of these 3 seats, (i) the member initially |
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| appointed pursuant to this amendatory Act of the 93rd General |
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| Assembly whose seat was vacant on April 27, 2004 shall serve |
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| until the second Wednesday of January, 2009 and (ii) the other |
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| 2 members initially appointed pursuant to this amendatory Act |
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| of the 93rd General Assembly shall serve until the second |
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| Wednesday of January, 2007. |
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| The term of the member of the State Board of Education |
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| whose seat was vacant on April 27, 2004 and whose term expires |
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| on January 10, 2007 shall instead terminate on the effective |
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| date of this amendatory Act of the 93rd General Assembly. The |
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| member initially appointed pursuant to this amendatory Act of |
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| the 93rd General Assembly to fill this seat shall be the |
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| chairperson and shall serve until the second Wednesday of |
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| January, 2007. |
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| The term of the member of the State Board of Education |
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| whose seat was vacant on May 28, 2004 but after April 27, 2004 |
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| and whose term expires on January 10, 2007 shall instead |
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| terminate on the effective date of this amendatory Act of the |
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| 93rd General Assembly. The member initially appointed pursuant |
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| to this amendatory Act of the 93rd General Assembly to fill |
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| this seat shall serve until the second Wednesday of January, |
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| 2007.
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| The term of the other member of the State Board of |
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| Education whose term expires on January 10, 2007 shall instead |
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| terminate on the effective date of this amendatory Act of the |
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| 93rd General Assembly. The member initially appointed pursuant |
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| to this amendatory Act of the 93rd General Assembly to fill |
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| this seat shall serve until the second Wednesday of January, |
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| 2007. |
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| The term of the member of the State Board of Education |
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| whose term expires on January 14, 2009 and who was selected |
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| from among the 5 counties of the State that are contiguous to |
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| Cook County and is a resident of Lake County shall instead |
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| terminate on the effective date of this amendatory Act of the |
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| 93rd General Assembly. The member initially appointed pursuant |
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| to this amendatory Act of the 93rd General Assembly to fill |
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| this seat shall serve until the second Wednesday of January, |
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| 2009. |
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| (b-10) Upon expiration of the terms of the members as set |
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| forth in subsection (b-5) of this Section initially appointed
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| under this amendatory Act of the 93rd General Assembly and |
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| members whose terms were not terminated by this amendatory Act |
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| of the 93rd General Assembly , their respective successors shall |
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| be
appointed for terms of 6 4
years, from the second Wednesday |
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| in January of each
odd
numbered year and until their respective |
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| successors are appointed and have
qualified. |
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| (c) At Of the 4 members, excluding the chairperson, whose |
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| terms expire on the second Wednesday of January, 2007 and every |
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| 4 years thereafter, one of those members must be an at-large |
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| member and at no time may more than 5 2 of those members of the |
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| State Board of Education be from one political party. Of the 4 |
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| members whose terms expire on the second Wednesday of January, |
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| 2009 and every 4 years thereafter, one of those members must be |
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| an at-large member and at no time may more than 2 of those |
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| members be from one political party. Party membership is |
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| defined as having voted in the primary of the party in the last |
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| primary before appointment.
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| (c-5) The Nomination Panel is established to provide a list |
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| of nominees to the Governor for appointment to the State Board |
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| of Education. Members of the Nomination Panel must be appointed |
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| by majority vote of the following appointing authorities: the |
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| Governor, the Attorney General, and the Secretary of State. |
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| Each member of the Nomination Panel shall serve for a term that |
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| expires on January 15 of each even-numbered year and until his |
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| or her successor is appointed and has qualified. The appointing |
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| authorities may hold as many public or non-public meetings as |
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| is required to fulfill their duties and may utilize their |
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| respective staff and budget in carrying out their duties, |
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| provided that the final vote on appointees to the Nomination |
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| Panel shall take place in a meeting governed by the Open |
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| Meetings Act. Any ex parte communications regarding the |
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| Nomination Panel must be made a part of the record at the next |
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| public meeting and part of a written record. The appointing |
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| authorities shall file a list of members of the Nomination |
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| Panel with the Secretary of State within 30 days after the |
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| effective date of this amendatory Act of the 96th General |
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| Assembly. Thereafter, the appointing authorities shall file a |
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| list of members of the Nomination Panel with the Secretary of |
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| State within 30 days after January 15 of each even-numbered |
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| year. Members of the Nomination Panel may be reappointed. A |
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| vacancy on the Nomination Panel due to disqualification or |
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| resignation must be filled within 30 days after the vacancy, |
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| and the appointing authorities must file the name of the new |
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| appointee with the Secretary of State. |
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| The Nomination Panel shall consist of the following 7 |
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| members: |
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| (1) Two members must be former district |
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| superintendents. |
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| (2) One member must be a former elementary school |
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| teacher. |
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| (3) One member must be a former secondary school |
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| teacher. |
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| (4) Two members must be former State legislators with |
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| significant experience and involvement in the elementary |
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| and secondary education appropriation process. |
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| (5) One member must have at least 5 years of experience |
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| with a nonprofit agency in this State that is committed to |
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| education advocacy and has an interest in education reform. |
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| The appointing authorities shall solicit recommendations |
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| from the Illinois Education Association, the Illinois |
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| Federation of Teachers, the Illinois Statewide School |
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| Management Alliance, ED-RED, the Illinois Association of |
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| Regional Superintendents of Schools, the Metropolitan Planning |
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| Council, the Illinois PTA, the Civic Committee of the |
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| Commercial Club of Chicago, Voices for Illinois Children, |
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| Action for Children, the Legislative Education Network of |
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| DuPage County (LEND), the South Cooperative Organization for |
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| Public Education (SCOPE), A+ Illinois, the Ounce of Prevention |
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| Fund, the Illinois Business Roundtable, and any other source |
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| deemed appropriate.
Each member of the Nomination Panel shall |
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| receive $300 for each day the Nomination Panel meets. |
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| At no time may more than 4 members of the Nomination Panel |
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| be from one political party. Party membership is defined as |
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| having voted in the primary of the party in the last primary |
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| before appointment. |
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| Candidates for nomination to the State Board of Education |
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| may apply or be nominated. The Nomination Panel has 30 days |
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| after it is established to accept applications and nominations. |
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| All candidates must fill out a written application and submit |
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| to a background investigation to be eligible for consideration. |
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| The written application must include a sworn statement signed |
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| by the candidate disclosing any communications relating to the |
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| regulation of elementary and secondary education that the |
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| applicant has engaged in within the last year with a |
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| constitutional officer, a member of the General Assembly, an |
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| officer or other employee of the executive branch of this |
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| State, or an employee of the legislative branch of this State. |
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| A person who provides false or misleading information on |
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| the application or fails to disclose a communication required |
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| to be disclosed in the sworn statement under this Section is |
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| guilty of a Class 3 felony. |
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| Once an application is submitted to the Nomination Panel |
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| and until (i) the candidate is rejected by the Nomination |
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| Panel, (ii) the candidate is rejected by the Governor, (iii) |
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| the candidate is rejected by the Senate, or (iv) the candidate |
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| is confirmed by the Senate, whichever is applicable, a |
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| candidate may not engage in ex parte communications. |
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| Within 60 days after the Nomination Panel is established, |
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| the Nomination Panel must review written applications, |
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| determine eligibility for oral interviews, confirm |
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| satisfactory background investigations, and hold public |
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| hearings on qualifications of candidates. Initial interviews |
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| of candidates need not be held in meetings subject to the Open |
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| Meetings Act; members or staff may arrange for informal |
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| interviews. Prior to recommendation, however, the Nomination |
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| Panel must question candidates under oath in a meeting subject |
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| to the Open Meetings Act. |
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| The Nomination Panel must recommend 15 nominees for |
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| appointment to the State Board of Education within 60 days |
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| after the Nomination Panel is established. The Governor may |
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| choose only from these nominations. The Nomination Panel shall |
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| deliver a list of the nominees, including a memorandum |
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| detailing the nominees' qualifications, to the Governor. After |
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| submitting the list to the Governor, the Nomination Panel shall |
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| file a copy along with a statement confirming delivery of the |
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| list and memorandum to the Governor with the Secretary of |
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| State. The Secretary of State shall indicate the date and time |
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| of filing. |
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| After reviewing the nominations, the Governor may select 5 |
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| nominees for appointment to the State Board of Education, to be |
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| confirmed by the Senate. The Governor shall file the names of |
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| his or her appointments with the Senate and the Secretary of |
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| State. The Secretary of State shall indicate the date and time |
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| of filing. |
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| The Governor has 30 days from the date the Nomination Panel |
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| files its list of nominees with the Secretary of State to make |
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| appointments to be confirmed by the Senate. If the Governor |
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| does not select all appointees within this 30 days, the |
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| Nomination Panel may appoint those members not yet selected for |
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| appointment by the Governor. The Nomination Panel shall file |
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| the names of its appointments with the Senate and the Secretary |
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| of State. The Secretary of State shall indicate the date and |
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| time of filing. |
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| Appointments by the Governor or Nomination Panel must be |
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| confirmed by the Senate by two-thirds of its members by record |
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| vote. Any appointment not acted upon within 30 calendar days |
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| after the date of filing the names of appointments with the |
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| Secretary of State shall be deemed to have received the advice |
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| and consent of the Senate. |
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| (d) When a vacancy occurs on the State Board of Education, |
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| the Nomination Panel shall accept applications and nominations |
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| of candidates for 30 days from the date the vacancy occurred. |
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| All candidates must fill out a written application and submit |
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| to a background investigation to be eligible for consideration. |
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| The written application must include a sworn statement signed |
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| by the candidate disclosing any communications relating to the |
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| regulation of elementary and secondary education that the |
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| applicant has engaged in within the last year with a |
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| constitutional officer, a member of the General Assembly, an |
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| officer or other employee of the executive branch of this |
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| State, or an employee of the legislative branch of this State. |
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| A person who provides false or misleading information on |
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| the application or fails to disclose a communication required |
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| to be disclosed in the sworn statement under this Section is |
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| guilty of a Class 3 felony.
Once an application is submitted to |
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| the Nomination Panel and until (i) the candidate is rejected by |
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| the Nomination Panel, (ii) the candidate is rejected by the |
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| Governor, (iii) the candidate is rejected by the Senate, or |
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| (iv) the candidate is confirmed by the Senate, whichever is |
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| applicable, a candidate may not engage in ex parte |
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| communications. |
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| The Nomination Panel must review written applications, |
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| determine eligibility for oral interviews, confirm |
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| satisfactory background investigations, and hold public |
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| hearings on qualifications of candidates. Initial interviews |
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| of candidates need not be held in meetings subject to the Open |
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| Meetings Act; members or staff may arrange for informal |
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| interviews. Prior to recommendation, however, the Nomination |
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| Panel must question candidates under oath in a meeting subject |
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| to the Open Meetings Act. |
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| The Nomination Panel must nominate at least 3 candidates |
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| for the vacancy within 60 days after that vacancy occurs. |
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| Within 30 days after that, the Governor shall appoint one of |
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| those nominees to fill the vacancy for the remainder of the |
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| unexpired term. If the Governor does not fill the vacancy |
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| within the 30 days, the Nomination Panel may make the |
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| appointment.
Vacancies shall be confirmed by the Senate in the |
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| same manner as full-term appointments under subsection (c-5) of |
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| this Section. Vacancies in terms shall be filled by appointment |
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| by the
Governor with the advice and consent of the Senate for |
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| the extent of the
unexpired term.
If a vacancy in membership |
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| occurs at a time when the Senate is not in
session, the |
13 |
| Governor shall make a temporary appointment until the next |
14 |
| meeting
of the Senate, when the Governor shall appoint a person |
15 |
| to fill that membership
for the remainder of its term. If the |
16 |
| Senate is not in session when
appointments for a full term are |
17 |
| made, the appointments shall be made as in the
case of |
18 |
| vacancies.
|
19 |
| (Source: P.A. 93-1036, eff. 9-14-04.)
|
20 |
| (105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)
|
21 |
| Sec. 1A-2. Qualifications. The members of the State Board |
22 |
| of Education
shall be citizens of the United States and |
23 |
| residents of the State of Illinois
and shall be selected as far |
24 |
| as may be practicable on the basis of their
knowledge of, or |
25 |
| interest and experience in, problems of public education.
No |
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| member of the State Board of Education shall be gainfully |
2 |
| employed or
administratively connected with any school system, |
3 |
| nor have any interest in
or benefit from funds provided by the |
4 |
| State Board of Education to an
institution of higher
learning, |
5 |
| public or private, within Illinois, nor shall they be members
|
6 |
| of a school board or board of school trustees of a public or |
7 |
| nonpublic school,
college, university or technical institution |
8 |
| within Illinois. No member
shall be appointed to more than 2 |
9 |
| full-year
six year terms. Members shall be reimbursed
for all |
10 |
| ordinary and necessary expenses incurred in performing their |
11 |
| duties
as members of the Board. Expenses shall be approved by |
12 |
| the Board and be
consistent with the laws, policies, and |
13 |
| requirements of the
State of Illinois regarding such |
14 |
| expenditures, plus any member may include
in his claim for |
15 |
| expenses $50 per day for meeting days.
|
16 |
| (Source: P.A. 90-548, eff. 1-1-98; revised 10-23-08.)
|
17 |
| (105 ILCS 5/1A-2.1) (from Ch. 122, par. 1A-2.1)
|
18 |
| Sec. 1A-2.1. Vacancies. In addition to the authority of the |
19 |
| Governor to remove a person from office under Section 10 of |
20 |
| Article V of the Constitution of the State of Illinois, the |
21 |
| State Board of Education The Governor may remove for |
22 |
| incompetence, neglect of duty, or malfeasance in office any |
23 |
| member of the State Board of Education by a two-thirds vote in |
24 |
| favor of removal . A vacancy also exists on the State Board of
|
25 |
| Education when one or more of the following events occur:
|
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| 1. A member dies.
|
2 |
| 2. A member files a written resignation with the Governor.
|
3 |
| 3. A member is adjudicated to be a person under legal |
4 |
| disability under
the Probate Act of 1975 or
a person subject to |
5 |
| involuntary admission
under the Mental Health and |
6 |
| Developmental Disabilities Code.
|
7 |
| 4. A member ceases to be a resident of the region from
|
8 |
| which he or she was appointed.
|
9 |
| 5. A member is convicted of an infamous crime or of any |
10 |
| offense
involving a violation of his or her duties under this |
11 |
| Code.
|
12 |
| 6. A member fails to maintain the qualifications stated in |
13 |
| Section
1A-2 of this Code.
|
14 |
| (Source: P.A. 93-1036, eff. 9-14-04.)
|
15 |
| (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
|
16 |
| Sec. 1A-4. Powers and duties of the Board.
|
17 |
| A. (Blank).
|
18 |
| B. The Board shall determine the qualifications of and |
19 |
| appoint a
chief education officer, to be known as the State |
20 |
| Superintendent of
Education, who may be proposed by the |
21 |
| Governor and who shall serve at the pleasure of the Board and |
22 |
| pursuant to a
performance-based contract linked to statewide |
23 |
| student performance and academic
improvement within Illinois |
24 |
| schools. Upon expiration or buyout of the contract of the State |
25 |
| Superintendent of Education in office on the effective date of |
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| this amendatory Act of the 96th 93rd General Assembly, a new |
2 |
| State Superintendent of Education may shall be appointed by the |
3 |
| a State Board of Education that includes the 7 new Board |
4 |
| members who were appointed to fill seats of members whose terms |
5 |
| were terminated on the effective date of this amendatory Act of |
6 |
| the 93rd General Assembly . Thereafter, a State Superintendent |
7 |
| of Education must, at a minimum, be appointed at the beginning |
8 |
| of each term of a Governor after that Governor has made |
9 |
| appointments to the Board. A performance-based
contract issued |
10 |
| for the employment of a State Superintendent of
Education must |
11 |
| be for 4 years. A entered into on or after the effective date |
12 |
| of this amendatory Act of the 93rd General Assembly must expire |
13 |
| no later than February 1, 2007, and subsequent contracts must |
14 |
| expire no later than February 1 each 4 years thereafter. No |
15 |
| contract
shall be
extended or renewed beyond February 1, 2007 |
16 |
| and February 1 each 4 years thereafter, but a State |
17 |
| Superintendent of Education shall serve until his or her |
18 |
| successor is appointed. Each contract entered into on or before |
19 |
| January 8, 2007 with a State Superintendent of Education must |
20 |
| provide that the State Board of Education may terminate the |
21 |
| contract for cause, and the State Board of Education shall not |
22 |
| thereafter be liable for further payments under the contract. |
23 |
| With regard to this amendatory Act of the 93rd General |
24 |
| Assembly, it is the intent of the General Assembly that, |
25 |
| beginning with the Governor who takes office on the second |
26 |
| Monday of January, 2007, a State Superintendent of Education be |
|
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| appointed at the beginning of each term of a Governor after |
2 |
| that Governor has made appointments to the Board. The State
|
3 |
| Superintendent of Education shall not serve as a member of the |
4 |
| State
Board of Education. The Board shall set the compensation |
5 |
| of the State
Superintendent of Education who shall serve as the |
6 |
| Board's chief
executive officer. The Board shall also establish |
7 |
| the duties, powers and
responsibilities of the State |
8 |
| Superintendent, which shall be included in the
State |
9 |
| Superintendent's performance-based contract along with the |
10 |
| goals and
indicators of student performance and academic |
11 |
| improvement used to measure the
performance and effectiveness |
12 |
| of the State Superintendent.
The State Board of Education may |
13 |
| delegate
to the State Superintendent of Education the authority |
14 |
| to act on the Board's
behalf, provided such delegation is made |
15 |
| pursuant to adopted board policy
or the powers delegated are |
16 |
| ministerial in nature. The State Board may
not delegate |
17 |
| authority under this Section to the State Superintendent to
(1) |
18 |
| nonrecognize school districts, (2) withhold State payments as a |
19 |
| penalty,
or (3) make final decisions under the contested case |
20 |
| provisions of the Illinois
Administrative Procedure Act unless |
21 |
| otherwise provided by law.
|
22 |
| C. The powers and duties of the State Board of Education |
23 |
| shall encompass all
duties delegated to the Office of |
24 |
| Superintendent of Public Instruction on
January 12, 1975, |
25 |
| except as the law providing for such powers and duties is
|
26 |
| thereafter amended, and such other powers and duties as the |
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| General Assembly
shall designate. The Board shall be |
2 |
| responsible for the educational policies
and guidelines for |
3 |
| public schools, pre-school through grade
12 and Vocational |
4 |
| Education in the State of Illinois. The Board shall
analyze the |
5 |
| present and future aims, needs, and requirements of
education |
6 |
| in the State of Illinois and recommend to the General Assembly
|
7 |
| the powers which should be exercised by the Board. Every year, |
8 |
| the The Board shall
recommend the passage and the legislation |
9 |
| necessary to determine the
appropriate relationship between |
10 |
| the Board and local boards of education
and the various State |
11 |
| agencies and shall recommend desirable
modifications in the |
12 |
| laws which affect schools.
|
13 |
| D. Two members of the Board shall be appointed by the |
14 |
| chairperson
to serve on a standing joint Education Committee, 2 |
15 |
| others shall be
appointed from the Board of Higher Education, 2
|
16 |
| others shall be appointed by the chairperson of the
Illinois |
17 |
| Community College Board, and 2 others shall be appointed by the
|
18 |
| chairperson of the Human Resource Investment Council. The
|
19 |
| Committee shall be
responsible for making recommendations |
20 |
| concerning the submission of any
workforce development plan or |
21 |
| workforce training program required by federal
law or under any |
22 |
| block grant authority. The Committee will be
responsible for |
23 |
| developing policy on matters of mutual concern to
elementary, |
24 |
| secondary and higher education such as Occupational and
Career |
25 |
| Education, Teacher Preparation and Certification, Educational
|
26 |
| Finance, Articulation between Elementary, Secondary and Higher |
|
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| Education
and Research and Planning. The joint Education |
2 |
| Committee shall meet at
least quarterly and submit an annual |
3 |
| report of its findings,
conclusions, and recommendations to the |
4 |
| State Board of Education, the Board of
Higher Education, the |
5 |
| Illinois Community College Board,
the Human Resource |
6 |
| Investment Council, the Governor, and the
General
Assembly. All |
7 |
| meetings of this Committee shall be official meetings for
|
8 |
| reimbursement under this Act. On the effective date of this |
9 |
| amendatory Act of the 95th General Assembly, the Joint |
10 |
| Education Committee is abolished.
|
11 |
| E. Five members of the Board shall constitute a quorum. A
|
12 |
| majority
vote of the members appointed, confirmed and serving |
13 |
| on the Board is
required to approve any action , except that the |
14 |
| 7 new Board members who were appointed to fill seats of members |
15 |
| whose terms were terminated on the effective date of this |
16 |
| amendatory act of the 93rd General Assembly may vote to approve |
17 |
| actions when appointed and serving .
|
18 |
| E-5. Using the most recently available data, the Board |
19 |
| shall prepare and submit to the General Assembly and the
|
20 |
| Governor on or before January 14, 1976 and annually thereafter |
21 |
| a report
or reports of its findings and recommendations. Such |
22 |
| annual report shall
contain a separate section which provides a |
23 |
| critique and analysis of the
status of education in Illinois |
24 |
| and which identifies its specific problems
and recommends |
25 |
| express solutions therefor.
Such annual report also shall |
26 |
| contain the following information for the
preceding year ending |
|
|
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| on June 30: each act or omission of a school district
of which |
2 |
| the State Board of Education has knowledge as a consequence of
|
3 |
| scheduled, approved visits and which constituted a
failure by |
4 |
| the district to comply with applicable State or federal laws or
|
5 |
| regulations relating to public education, the name of such |
6 |
| district, the date
or dates on which the State Board of |
7 |
| Education notified the school district of
such act or omission, |
8 |
| and what action, if any, the school district took with
respect |
9 |
| thereto after being notified thereof by the State Board of |
10 |
| Education.
The report shall also include the statewide high |
11 |
| school dropout rate by
grade level, sex and race and the annual |
12 |
| student dropout rate of and the
number of students who graduate |
13 |
| from, transfer from or otherwise leave
bilingual programs. The |
14 |
| annual report shall include any recommended legislation that |
15 |
| the Board considers appropriate for the educational needs of |
16 |
| this State and how far behind the federal government is on No |
17 |
| Child Left Behind Act funding for this State. The Auditor |
18 |
| General shall annually perform a
compliance audit of the State |
19 |
| Board of Education's performance of the
reporting duty imposed |
20 |
| by this subsection E-5 amendatory Act of 1986 . A regular system |
21 |
| of
communication with other directly related State agencies |
22 |
| shall be
implemented.
|
23 |
| The requirement for reporting to the General Assembly shall |
24 |
| be satisfied
by filing copies of the report with the Speaker, |
25 |
| the Minority Leader and
the Clerk of the House of |
26 |
| Representatives and the President, the Minority
Leader and the |
|
|
|
09600HB0080ham001 |
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|
1 |
| Secretary of the Senate and the Legislative Council, as |
2 |
| required
by Section 3.1 of the General
Assembly Organization |
3 |
| Act, and
filing such additional
copies with the State |
4 |
| Government Report Distribution Center for the General
Assembly |
5 |
| as is required under paragraph (t) of Section 7 of the State |
6 |
| Library
Act.
|
7 |
| F. The Upon appointment of the 7 new Board members who were |
8 |
| appointed to fill seats of members whose terms were terminated |
9 |
| on the effective date of this amendatory Act of the 93rd |
10 |
| General Assembly, the Board shall review all of its current |
11 |
| rules in an effort to streamline procedures, improve |
12 |
| efficiency, and eliminate unnecessary forms and paperwork.
|
13 |
| G. The Board shall provide the General Assembly with a |
14 |
| separate budget that shows what is needed to fully fund all
|
15 |
| State mandates and to meet the educational needs of this State. |
16 |
| This budget must be filed with the Secretary of the Senate and |
17 |
| the Clerk of the House of Representatives at the same time that |
18 |
| the information required to be submitted to the General |
19 |
| Assembly under subdivision (b) of Section 6 of the Governor's |
20 |
| Office of Management and Budget Act is filed with the Secretary |
21 |
| of the Senate and the Clerk of the House of Representatives. |
22 |
| (Source: P.A. 95-626, eff. 6-1-08; 95-793, eff. 1-1-09.)
|
23 |
| Section 97. Severability. The provisions of this Act are |
24 |
| severable under Section 1.31 of the Statute on Statutes.
|