Illinois General Assembly - Full Text of HB5038
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Full Text of HB5038  95th General Assembly



HB5038 Engrossed LRB095 18345 NHT 44430 b

1     AN ACT concerning education.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The School Code is amended by changing Section
5 1C-2 as follows:
6     (105 ILCS 5/1C-2)
7     Sec. 1C-2. Block grants.
8     (a) For fiscal year 1999, and each fiscal year thereafter,
9 the State Board of Education shall award to school districts
10 block grants as described in subsections (b) and (c). The State
11 Board of Education may adopt rules and regulations necessary to
12 implement this Section. In accordance with Section 2-3.32, all
13 state block grants are subject to an audit. Therefore, block
14 grant receipts and block grant expenditures shall be recorded
15 to the appropriate fund code.
16     (b) A Professional Development Block Grant shall be created
17 by combining the existing School Improvement Block Grant and
18 the REI Initiative. These funds shall be distributed to school
19 districts based on the number of full-time certified
20 instructional staff employed in the district.
21     (c) An Early Childhood Education Block Grant shall be
22 created by combining the following programs: Preschool
23 Education, Parental Training and Prevention Initiative. These



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1 funds shall be distributed to school districts and other
2 entities on a competitive basis. Not less than 11% Eleven
3 percent of this grant shall be used to fund programs for
4 children ages 0-3, which percentage shall increase to at least
5 20% by Fiscal Year 2014. However, if, in a given fiscal year,
6 the amount appropriated for the Early Childhood Education Block
7 Grant is insufficient to increase the percentage of the grant
8 to fund programs for children ages 0-3 without reducing the
9 amount of the grant for existing providers of preschool
10 education programs, then the percentage of the grant to fund
11 programs for children ages 0-3 may be held steady instead of
12 increased. Notwithstanding any other rulemaking authority that
13 may exist, neither the Governor nor any agency or agency head
14 under the jurisdiction of the Governor has any authority to
15 make or promulgate rules to implement or enforce the provisions
16 of this amendatory Act of the 95th General Assembly. If,
17 however, the Governor believes that rules are necessary to
18 implement or enforce the provisions of this amendatory Act of
19 the 95th General Assembly, the Governor may suggest rules to
20 the General Assembly by filing them with the Clerk of the House
21 and the Secretary of the Senate and by requesting that the
22 General Assembly authorize such rulemaking by law, enact those
23 suggested rules into law, or take any other appropriate action
24 in the General Assembly's discretion. Nothing contained in this
25 amendatory Act of the 95th General Assembly shall be
26 interpreted to grant rulemaking authority under any other



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1 Illinois statute where such authority is not otherwise
2 explicitly given. For the purposes of this amendatory Act of
3 the 95th General Assembly, "rules" is given the meaning
4 contained in Section 1-70 of the Illinois Administrative
5 Procedure Act, and "agency" and "agency head" are given the
6 meanings contained in Sections 1-20 and 1-25 of the Illinois
7 Administrative Procedure Act to the extent that such
8 definitions apply to agencies or agency heads under the
9 jurisdiction of the Governor.
10 (Source: P.A. 93-396, eff. 7-29-03.)
11     Section 99. Effective date. This Act takes effect July 1,
12 2008.