99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4309

 

Introduced , by Rep. Margo McDermed

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.3a new

    Amends the School Code. Requires the State Board of Education to appoint an Inspector General who shall be independent of the operations of the State Board and who has the authority to conduct investigations into allegations of or incidents of waste, fraud, and financial mismanagement in public education by a school district (other than the Chicago school district) or its school board or by an employee, contractor, or member of the school board or district. Requires the Inspector General to make recommendations to the State Board about the investigations and provide to the State Board and the General Assembly a summary of reports and investigations made for the previous fiscal year no later than January 1 of each year. Sets forth provisions concerning compensation, appointment, powers and duties, access, and penalties.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by adding Section
52-3.3a as follows:
 
6    (105 ILCS 5/2-3.3a new)
7    Sec. 2-3.3a. Inspector General.
8    (a) The State Board of Education shall appoint an Inspector
9General. The Inspector General shall have the authority to
10conduct investigations into allegations of or incidents of
11waste, fraud, and financial mismanagement in public education
12by a school district, other than a school district organized
13under Article 34 of this Code, or its school board or by an
14employee, contractor, or member of the school board or
15district. The Inspector General shall make recommendations to
16the State Board about the investigations. The State Board shall
17set the compensation of the Inspector General. The Inspector
18General shall be appointed by the State Board as soon as
19practicable after the effective date of this amendatory Act of
20the 99th General Assembly and shall serve for a term expiring
21on June 30, 2020 and until his or her successor is appointed
22and has qualified. Each successor in office shall be appointed
23by the State Board for a 4-year term expiring on June 30th of

 

 

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1an even-numbered year and shall serve until his or her
2successor is appointed and has qualified. If the Inspector
3General leaves office or if a vacancy in that office otherwise
4occurs, the State Board shall appoint a successor to serve
5under this Section for the remainder of the unexpired term. The
6Inspector General shall be independent of the operations of the
7State Board and shall perform other duties requested by the
8State Board.
9    (b) The Inspector General shall have access to all
10information and personnel necessary to perform the duties of
11the office. If the Inspector General determines that a possible
12criminal act has been committed or that special expertise is
13required in an investigation, he or she shall immediately
14notify local law enforcement and the State's Attorney that has
15jurisdiction in the area encompassing the school district. All
16investigations conducted by the Inspector General must be
17conducted in a manner that ensures the preservation of evidence
18for use in criminal prosecutions.
19    (c) At all times the Inspector General must be granted
20access to any building or facility that is owned, operated, or
21leased by a school board or school district.
22    (d) The Inspector General shall have the power to subpoena
23witnesses and compel the production of records, books, papers,
24and other documents pertinent to an investigation authorized by
25this Section. Any person who (i) fails to appear in response to
26a subpoena, (ii) fails to answer any question, (iii) fails to

 

 

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1produce any records, books, papers, or other documents
2pertinent to an investigation under this Section, or (iv)
3knowingly gives false testimony during an investigation under
4this Section is guilty of a Class A misdemeanor.
5    (e) The Inspector General shall provide to the State Board
6of Education and the General Assembly, as provided in Section
73.1 of the General Assembly Organization Act, a summary of
8reports and investigations made under this Section for the
9previous fiscal year no later than January 1 of each year. The
10summaries shall detail the final disposition of the Inspector
11General's recommendations made to the State Board. The
12summaries shall not contain any confidential or identifying
13information concerning the subjects of the reports and
14investigations. The summaries shall also include detailed
15recommended administrative actions and matters for
16consideration by the General Assembly.