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91_SB1888sam001
LRB9113291NTksam
1 AMENDMENT TO SENATE BILL 1888
2 AMENDMENT NO. . Amend Senate Bill 1888 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The School Code is amended by adding Article
5 1E as follows:
6 (105 ILCS 5/Art. 1E heading new)
7 ARTICLE 1E. ILLINOIS EDUCATIONAL INSPECTOR GENERAL
8 (105 ILCS 5/1E-5 new)
9 Sec. 1E-5. Illinois Educational Inspector General.
10 (a) The State Board of Education shall appoint an
11 Illinois Educational Inspector General, based on a
12 recommendation made by the State Superintendent of Education
13 and with the advice and consent of the Senate, who shall have
14 the authority to conduct investigations into allegations or
15 incidents of waste, fraud, and financial mismanagement in
16 public education grades prekindergarten through 12 by any
17 employee, officer, board member, or contractor of any
18 regional office of education, educational service center,
19 joint agreement program, school district, charter school, or
20 the State Board of Education or involving public educational
21 projects managed or handled by third party agents. The
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1 Illinois Educational Inspector General shall be appointed for
2 a term of 3 years and shall be independent of the operation
3 of the State Board of Education.
4 (b) The Illinois Educational Inspector General shall
5 have access to all information and personnel necessary to
6 perform the duties of the office. If the Illinois
7 Educational Inspector General determines that a possible
8 criminal act has been committed or that special expertise is
9 required in the investigation, the Illinois Educational
10 Inspector General shall immediately notify the Illinois State
11 Police and the Illinois Attorney General's Office. All
12 investigations conducted by the Illinois Educational
13 Inspector General shall be conducted in a manner that ensures
14 the preservation of evidence for use in criminal
15 prosecutions.
16 (c) At all times the Illinois Educational Inspector
17 General shall be granted access to any building or facility
18 that is owned or leased by any regional office of education,
19 educational service center, joint agreement program, school
20 district, charter school, or the State Board of Education.
21 (d) The Illinois Educational Inspector General shall
22 have the power to subpoena witnesses and compel the
23 production of books, papers, software, or other materials
24 pertinent to any investigation authorized by this Section.
25 Any person who (i) fails to appear in response to a subpoena;
26 (ii) fails to answer any question; (iii) fails to produce any
27 books, papers, software, or other materials pertinent to an
28 investigation; or (iv) knowingly gives false testimony during
29 an investigation is guilty of a Class A misdemeanor.
30 (e) The Inspector General appointed pursuant to Article
31 34 shall on a monthly basis report to the Illinois
32 Educational Inspector General the status of all pending
33 investigations. The Illinois Educational Inspector General
34 shall have the authority to determine whether, in a specific
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1 investigation, a conflict of interest exists between the
2 ability of the Inspector General appointed pursuant to
3 Article 34 to continue to report to, or make recommendations
4 to, the Chicago School Reform Board of Trustees or successive
5 Boards and the Inspector General's ability to conduct the
6 specific investigation. In such instances, the Inspector
7 General appointed pursuant to Article 34 shall report
8 directly to the Illinois Educational Inspector General. This
9 reporting arrangement shall be limited to investigations
10 under this subsection (e).
11 (f) The Illinois Educational Inspector General shall
12 provide to the State Board of Education, the President of the
13 Senate, the Minority Leader of the Senate, the Speaker of the
14 House of Representatives, the Minority Leader of the House of
15 Representatives, and the Governor a summary of reports and
16 investigations made under this Section for the previous
17 fiscal year no later than December 1 of each year. The
18 summary shall detail the final disposition of those reports
19 and investigations and shall also include detailed
20 recommended administrative actions and matters for
21 consideration by the General Assembly. The summary shall not
22 contain any confidential or identifying information
23 concerning the subjects of the reports and investigations,
24 disclosure of which may violate privacy laws or endanger any
25 ongoing investigations.
26 Section 99. Effective date. This Act takes effect on
27 July 1, 2000.".