Public Act 100-0937
 
SB2939 EnrolledLRB100 18504 AXK 33722 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Mathematics and Science Academy Law 
is amended  by changing Sections 2 and 4 as follows:
 



    (105 ILCS 305/2)  (from Ch. 122, par. 1503-2)



    Sec. 2. Establishment, Funding and Location. There is 
hereby created the Illinois Mathematics and Science Academy,

which shall be a residential institution located in the Fox 
River Valley in
close proximity to the national science 
laboratories based in Illinois. The Academy may develop 
additional campuses throughout the State, however, any 
additional campus does not need to serve as a residential 
institution.
The Academy shall be a State agency, funded by 
State appropriations,
private contributions
and endowments.  
Minimal fees for residential students who are Illinois 
residents may be charged.  Tuition, fees, and room and board 
costs shall be charged for students who are not Illinois 
residents, the totality of which must be sufficient to ensure 
that no State appropriations are used to fund the costs of 
those students attending the Academy. The
Academy may admit 
those students (i) who are Illinois residents or who are not 
Illinois residents and (ii) who have completed the academic

equivalent of the 8th 9th grade. No more than 25% of the 
Academy's student body may be composed of students who are not 
Illinois residents. The Academy and may offer a program of 
secondary and
postsecondary course work.
Admission shall be 
determined by competitive examination.

    In order to be eligible for State appropriations, the 
Academy shall
submit to the Board of Higher Education not later 
than the 1st day of
October of each year its budget proposal 
for the operation and capital
needs of the Academy for its next 
fiscal year and information demonstrating that students who are 
not Illinois residents have paid and will pay tuition, fees, 
and room and board costs sufficient to ensure that no State 
appropriations were used or will be used to fund the costs of 
those students attending the Academy.

(Source: P.A. 95-793, eff. 1-1-09.)

 



    (105 ILCS 305/4)  (from Ch. 122, par. 1503-4)



    Sec. 4. Powers of the Board. The board is hereby authorized 
to:

    (a) Accept donations, bequests, or other forms of financial 
assistance
for educational purposes from any public or private 
person or agency and
comply with rules and regulations 
governing grants from the federal
government or from any other 
person or agency, which are not in
contravention of the 
Illinois Constitution or the laws of the State
of Illinois.

    (b) Purchase equipment and make improvements to facilities 
necessary for
the use of the school, in accordance with 
applicable law.

    (c) Adopt, amend, or repeal rules, regulations, and 
policies necessary
or proper for the conduct of the business of 
the board.

    (d) Award certificates and issue diplomas for successful 
completion of
programs of study requirements.

    (e) Select a Director who shall be the chief administrative 
officer of
the Academy and who shall administer the rules, 
regulations, and policies
adopted by the Board pursuant hereto.  
The Director shall also be the chief
administrative officer of 
the Board and shall be responsible for all the
administrative 
functions, duties, and needs of the Board. 

    (f) Determine faculty and staff positions necessary for the 
efficient
operation of the school and select personnel for such 
positions.

    (g) Prepare and adopt an annual budget necessary for the 
continued
operation of the school.

    (h) Enter into contracts and agreements which have been 
recommended by
the Director, in accordance with applicable law, 
and to the extent that
funds are specifically appropriated 
therefor, with other public agencies
with respect to 
cooperative enterprises and undertaking related to or

associated with an educational purpose or program affecting 
education in
the school.  This shall not preclude the Board from 
entering into other
such contracts and agreements that it may 
deem necessary to carry out its
duties and functions.

    (i) Perform such other functions as are necessary to the 
supervision and
control of those phases of education under its 
supervision and control.

    (j) The Board shall delegate to the Director such of its 
administrative
powers and duties as it deems appropriate to aid 
the Director in the
efficient administration of his 
responsibility for the implementation of
the policies of the 
Board.

    (k) The Academy shall be empowered to lease or purchase 
real and
personal property on commercially reasonable terms for 
the use of the
Academy.  After July 1, 1988, any leases or 
purchases of real or personal
property and any disposition 
thereof by the Academy must be in compliance
with the 
provisions of The Civil Administrative Code of Illinois and the

State Property Control Act.  Personal property acquired for the 
use of the
Academy shall be inventoried and disposed of in 
accordance with the State
Property Control Act.

    In addition to the authorities granted herein and any 
powers, duties, and
responsibilities vested by any other 
applicable laws, the Board shall:


        (1) Adopt rules, regulations, and policies necessary 
    for the efficient
operation of the school.


        (2) Establish criteria to be used in determining 
    eligibility of
applicants for enrollment.  Such criteria 
    shall ensure adequate geographic representation of this 
    State and adequate ,
sexual and ethnic representation.


        (3) Determine subjects and extracurricular activities 
    to be offered.


        (4) Pay salaries and expenses, including but not 
    necessarily restricted
to facilities, equipment, and 
    supplies of the faculty and staff of the
Academy out of 
    funds appropriated or otherwise made available for the

    operating and administrative expenses of the Board and the 
    Academy.


        (5) Exercise budgetary responsibility and allocate for

    expenditure by the Academy and programs under its 
    jurisdiction, all monies
appropriated or otherwise made 
    available for purposes of the Board and of
such Academy and 
    programs.


        (6) Prescribe and select for use in the school free 
    school books and
other materials of instruction for 
    children enrolled in the school and
programs under its 
    jurisdiction for which the General
Assembly provides 
    funds. However, free school books and other materials of 
    instruction need not be provided to students who are not 
    Illinois residents, and a fee may be charged to such 
    students for books and materials. 


        (7) Prepare and adopt or approve programs of study and 
    rules, bylaws,
and regulations for the conduct of students 
    and for the government of the
school and programs under its 
    jurisdiction.


        (8) Employ such personnel as may be needed, establish 
    policies governing
their employment and dismissal, and fix 
    the amount of their compensation.
In the employment, 
    establishment of policies and fixing of compensation the

    board may make no discrimination on account of sex, race, 
    creed, color or
national origin.

    The Academy, its board of trustees, and its employees shall 
be
represented and indemnified in certain civil law suits in 
accordance with
"An Act to provide for representation and 
indemnification in certain civil
law suits", approved December 
3, 1977, as amended.

    Neither the Academy, nor its officers, employees or board 
members shall
participate in the creation of any corporation, 
joint venture, partnership,
association, or other 
organizational entity which exercises, expands, or
enhances 
the powers, duties, or responsibilities of the Academy unless

specifically authorized by the General Assembly by law.

    This Section does not restrict the Academy from creating 
any organization
entity which is within or a part of the 
Academy.

(Source: P.A. 86-109.)