103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3132

 

Introduced 2/2/2024, by Sen. Michael W. Halpin

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Regional Superintendent of Schools Article of the School Code. Makes changes concerning high school equivalency testing. Amends the Postsecondary and Workforce Readiness Act. Removes provisions concerning funding transitional mathematics instruction. Amends the Student Parent Data Collection Act to make changes regarding the date that public universities shall report collected data. Amends the Board of Higher Education Act. Provides that the Illinois Community College Board shall submit to the Board of Higher Education by December 15 (instead of November 15) of each year its budget proposal for the operation and capital needs of the institutions under its governance or supervision for the ensuing fiscal year. Amends the Public Community College Act. Makes changes concerning standing advisory organizations recognized by the Illinois Community College Board, the Board's powers and duties, spending local funds after the dissolution or reorganization of a community college district, the academic term, the bond a treasurer shall execute, contract bidding, the report on administrator and faculty salaries and benefits, and building program participation. Repeals a Section concerning the building program's plan approval. Amends the Know Before You Owe Private Education Loan Act. Repeals a Section concerning annual certification and maintenance of approval. Effective immediately.


LRB103 39113 RJT 69253 b

 

 

A BILL FOR

 

SB3132LRB103 39113 RJT 69253 b

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 changing Section
53-15.12 as follows:
 
6    (105 ILCS 5/3-15.12)  (from Ch. 122, par. 3-15.12)
7    Sec. 3-15.12. High school equivalency. The regional
8superintendent of schools and the Illinois Community College
9Board shall make available for qualified individuals residing
10within the region a High School Equivalency Testing Program
11and alternative methods of credentialing, as identified under
12this Section. For that purpose the regional superintendent
13alone or with other regional superintendents may establish and
14supervise a testing center or centers to administer the secure
15forms for high school equivalency testing to qualified
16persons. Such centers shall be under the supervision of the
17regional superintendent in whose region such centers are
18located, subject to the approval of the Executive Director of
19the Illinois Community College Board. The Illinois Community
20College Board shall also establish criteria and make available
21alternative methods of credentialing throughout the State.
22    An individual is eligible to apply to the regional
23superintendent of schools for the region in which he or she

 

 

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1resides if he or she is: (a) a person who is 17 years of age or
2older, has maintained residence in the State of Illinois, and
3is not a high school graduate; (b) a person who is successfully
4completing an alternative education program under Section
52-3.81, Article 13A, or Article 13B; or (c) a person who is
6enrolled in a youth education program sponsored by the
7Illinois National Guard. For purposes of this Section,
8residence is that abode which the applicant considers his or
9her home. Applicants may provide as sufficient proof of such
10residence and as an acceptable form of identification a
11driver's license, valid passport, military ID, or other form
12of government-issued national or foreign identification that
13shows the applicant's name, address, date of birth, signature,
14and photograph or other acceptable identification as may be
15allowed by law or as regulated by the Illinois Community
16College Board. Such regional superintendent shall determine if
17the applicant meets statutory and regulatory state standards.
18    If qualified, the applicant shall at the time of such
19application pay a fee established by the Illinois Community
20College Board, which fee shall be paid into a special fund
21under the control and supervision of the regional
22superintendent to be used for administration of high school
23equivalency testing. Such moneys received by the regional
24superintendent shall be used, first, for the expenses incurred
25in administering and scoring the examination, and next for
26other educational programs that are developed and designed by

 

 

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1the regional superintendent of schools to assist those who
2successfully complete high school equivalency testing or meet
3the criteria for alternative methods of credentialing in
4furthering their academic development or their ability to
5secure and retain gainful employment, including programs for
6the competitive award based on test scores of college or adult
7education scholarship grants or similar educational
8incentives. Any excess moneys shall be paid into the institute
9fund.
10    Any applicant who has achieved the minimum passing
11standards as established by the Illinois Community College
12Board shall be notified in writing by the regional
13superintendent and shall be issued a State of Illinois High
14School Diploma on the forms provided by the Illinois Community
15College Board. The regional superintendent shall then certify
16to the Illinois Community College Board the score of the
17applicant and such other and additional information that may
18be required by the Illinois Community College Board. The
19moneys received therefrom shall be used in the same manner as
20provided for in this Section.
21    The Illinois Community College Board shall establish
22alternative methods of credentialing for the issuance of a
23State of Illinois High School Diploma. In addition to high
24school equivalency testing, the following alternative methods
25of receiving a State of Illinois High School Diploma shall be
26made available to qualified individuals on or after January 1,

 

 

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12018:
2        (A) High School Equivalency based on High School
3    Credit. A qualified candidate may petition to have his or
4    her high school transcripts evaluated to determine what
5    the candidate needs to meet criteria as established by the
6    Illinois Community College Board.
7        (B) High School Equivalency based on Post-Secondary
8    Credit. A qualified candidate may petition to have his or
9    her post-secondary transcripts evaluated to determine what
10    the candidate needs to meet criteria established by the
11    Illinois Community College Board.
12        (C) High School Equivalency based on a Foreign
13    Diploma. A qualified candidate may petition to have his or
14    her foreign high school or post-secondary transcripts
15    evaluated to determine what the candidate needs to meet
16    criteria established by the Illinois Community College
17    Board.
18        (D) High School Equivalency based on Completion of a
19    Competency-Based Program as approved by the Illinois
20    Community College Board. The Illinois Community College
21    Board shall establish guidelines for competency-based high
22    school equivalency programs.
23    Any applicant who has attained the age of 17 years and
24maintained residence in the State of Illinois and is not a high
25school graduate, any person who has enrolled in a youth
26education program sponsored by the Illinois National Guard, or

 

 

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1any person who has successfully completed an alternative
2education program under Section 2-3.81, Article 13A, or
3Article 13B is eligible to apply for a State of Illinois High
4School Diploma (if he or she meets the requirements prescribed
5by the Illinois Community College Board) upon showing evidence
6that he or she has completed, successfully, high school
7equivalency testing, administered by the United States Armed
8Forces Institute, official high school equivalency testing
9centers established in other states, Veterans' Administration
10Hospitals, or the office of the State Superintendent of
11Education for the Illinois State Penitentiary System and the
12Department of Corrections. Such applicant shall apply to the
13regional superintendent of the region wherein he or she has
14maintained residence, and, upon payment of a fee established
15by the Illinois Community College Board, the regional
16superintendent shall issue a State of Illinois High School
17Diploma and immediately thereafter certify to the Illinois
18Community College Board the score of the applicant and such
19other and additional information as may be required by the
20Illinois Community College Board.
21    Notwithstanding the provisions of this Section, any
22applicant who has been out of school for at least one year may
23request the regional superintendent of schools to administer
24restricted high school equivalency testing upon written
25request of: the director of a program who certifies to the
26Chief Examiner of an official high school equivalency testing

 

 

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1center that the applicant has completed a program of
2instruction provided by such agencies as the Job Corps, the
3Postal Service Academy, or an apprenticeship training program;
4an employer or program director for purposes of entry into
5apprenticeship programs; another state's department of
6education in order to meet regulations established by that
7department of education; or a post high school educational
8institution for purposes of admission, the Department of
9Financial and Professional Regulation for licensing purposes,
10or the Armed Forces for induction purposes. The regional
11superintendent shall administer such testing, and the
12applicant shall be notified in writing that he or she is
13eligible to receive a State of Illinois High School Diploma
14upon reaching age 17, provided he or she meets the standards
15established by the Illinois Community College Board.
16    Any test administered under this Section to an applicant
17who does not speak and understand English may at the
18discretion of the administering agency be given and answered
19in any language in which the test is printed. The regional
20superintendent of schools may waive any fees required by this
21Section in case of hardship. The regional superintendent of
22schools and the Illinois Community College Board shall waive
23any fees required by this Section for an applicant who meets
24all of the following criteria:
25        (1) The applicant qualifies as a homeless person,
26    child, or youth as defined in the Education for Homeless

 

 

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1    Children Act.
2        (2) The applicant has not attained 25 years of age as
3    of the date of the scheduled test.
4        (3) The applicant can verify his or her status as a
5    homeless person, child, or youth. A homeless services
6    provider that is qualified to verify an individual's
7    housing status, as determined by the Illinois Community
8    College Board, and that has knowledge of the applicant's
9    housing status may verify the applicant's status for
10    purposes of this subdivision (3).
11        (4) The applicant has completed a high school
12    equivalency preparation course through an Illinois
13    Community College Board-approved provider.
14        (5) The applicant is taking the test at a testing
15    center operated by a regional superintendent of schools or
16    the Cook County High School Equivalency Office.
17    In counties of over 3,000,000 population, a State of
18Illinois High School Diploma shall contain the signatures of
19the Executive Director of the Illinois Community College Board
20and the superintendent, president, or other chief executive
21officer of the institution where high school equivalency
22testing instruction occurred and any other signatures
23authorized by the Illinois Community College Board.
24    The regional superintendent of schools shall furnish the
25Illinois Community College Board with any information that the
26Illinois Community College Board requests with regard to

 

 

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1testing and diplomas under this Section.
2     A State of Illinois High School Diploma is a recognized
3high school equivalency certificate for purposes of
4reciprocity with other states. A high school equivalency
5certificate from another state is equivalent to a State of
6Illinois High School Diploma.
7(Source: P.A. 102-1100, eff. 1-1-23.)
 
8    Section 10. The Postsecondary and Workforce Readiness Act
9is amended by changing Section 60 as follows:
 
10    (110 ILCS 148/60)
11    Sec. 60. Transitional mathematics instruction statewide
12supports.
13    (a) (Blank). Beginning with the 2019-2020 academic year,
14ICCB shall permit transitional mathematics instruction that
15has been approved for statewide portability in accordance with
16the requirements of this Act to be funded, subject to
17appropriation, in a manner consistent with reimbursement rates
18for developmental education courses offered at a community
19college. Such funding must be used by a community college for
20costs associated with transitional mathematics or English
21partnerships with school districts.
22    (b) Subject to the availability of public or private
23resources, ISBE, ICCB, and IBHE, in collaboration with IMACC,
24shall support collaborative efforts among school districts and

 

 

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1postsecondary institutions to develop model transitional
2mathematics instructional units. All State-supported models
3shall include real-world application projects that can be
4delivered to particular students based on career interests and
5shall enable transitional mathematics instructional resources
6to be included within integrated courses or competency-based
7learning systems.
8    (c) Provided that statewide portability procedures have
9been established pursuant to subsection (f) of Section 45 of
10this Act, ISBE and ICCB shall identify and publicize courses
11for transitional mathematics instruction that meet the
12statewide portability requirements and that can be delivered
13fully online or through blended-learning models without the
14requirement for in-person mathematics instruction at the high
15school.
16    (d) ISBE and ICCB shall jointly develop and provide a
17model partnership agreement for school districts and community
18colleges.
19    (e) ISBE and ICCB shall provide standardized reports to
20school districts and community colleges, including, but not
21limited to:
22        (1) reports that school districts and community
23    colleges can use for determining students 11th grade
24    projected readiness for college-level mathematics courses
25    upon high school graduation; and
26        (2) reports that compare participating students'

 

 

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1    postsecondary outcomes with other students, particularly
2    those in traditional developmental education course
3    sequences.
4(Source: P.A. 99-674, eff. 7-29-16; 100-599, eff. 6-29-18.)
 
5    Section 15. The Student Parent Data Collection Act is
6amended by changing Section 20 as follows:
 
7    (110 ILCS 149/20)
8    Sec. 20. Reporting requirements.
9    (a) On or before July 1, 2022, July 1, 2023, and October
1015, 2024 and on or before each October 15 and annually
11thereafter, each public university shall report the data
12collected under Sections 10 and 15 to the Board of Higher
13Education, and each public community college shall report the
14data collected under Sections 10 and 15 to the Illinois
15Community College Board.
16    (b) Each institution, the Board of Higher Education, and
17the Illinois Community College Board shall make the data
18reported under subsection (a) publicly available annually on
19their Internet websites.
20    (c) The Board of Higher Education and the Illinois
21Community College Board, in consultation with public
22institutions of higher education and advocates, may adopt
23rules concerning the reporting of data to protect student
24privacy while satisfying the requirements of this Act.

 

 

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1(Source: P.A. 102-88, eff. 7-9-21.)
 
2    Section 20. The Board of Higher Education Act is amended
3by changing Section 8 as follows:
 
4    (110 ILCS 205/8)  (from Ch. 144, par. 188)
5    Sec. 8. The Board of Trustees of the University of
6Illinois, the Board of Trustees of Southern Illinois
7University, the Board of Trustees of Chicago State University,
8the Board of Trustees of Eastern Illinois University, the
9Board of Trustees of Governors State University, the Board of
10Trustees of Illinois State University, the Board of Trustees
11of Northeastern Illinois University, the Board of Trustees of
12Northern Illinois University, and the Board of Trustees of
13Western Illinois University, and the Illinois Community
14College Board shall submit to the Board not later than the 15th
15day of November of each year its budget proposals for the
16operation and capital needs of the institutions under its
17governance or supervision for the ensuing fiscal year. The
18Illinois Community College Board shall submit to the Board by
19December 15 of each year its budget proposal for the operation
20and capital needs of the institutions under its governance or
21supervision for the ensuing fiscal year. Each budget proposal
22shall conform to the procedures developed by the Board in the
23design of an information system for State universities and
24colleges.

 

 

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1    In order to maintain a cohesive system of higher
2education, the Board and its staff shall communicate on a
3regular basis with all public university presidents. They
4shall meet at least semiannually to achieve economies of scale
5where possible and provide the most innovative and efficient
6programs and services.
7    The Board, in the analysis of formulating the annual
8budget request, shall consider rates of tuition and fees and
9undergraduate tuition and fee waiver programs at the State
10universities and colleges. The Board shall also consider the
11current and projected utilization of the total physical plant
12of each campus of a university or college in approving the
13capital budget for any new building or facility.
14    The Board of Higher Education shall submit to the
15Governor, to the General Assembly, and to the appropriate
16budget agencies of the Governor and General Assembly its
17analysis and recommendations on such budget proposals.
18    The Board is directed to form a broad-based group of
19individuals representing the Office of the Governor, the
20General Assembly, public institutions of higher education,
21State agencies, business and industry, statewide organizations
22representing faculty and staff, and others as the Board shall
23deem appropriate to devise a system for allocating State
24resources to public institutions of higher education based
25upon performance in achieving State goals related to student
26success and certificate and degree completion.

 

 

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1    Beginning in Fiscal Year 2013, the Board of Higher
2Education budget recommendations to the Governor and the
3General Assembly shall include allocations to public
4institutions of higher education based upon performance
5metrics designed to promote and measure student success in
6degree and certificate completion. Public university metrics
7must be adopted by the Board by rule, and public community
8college metrics must be adopted by the Illinois Community
9College Board by rule. These metrics must be developed and
10promulgated in accordance with the following principles:
11        (1) The metrics must be developed in consultation with
12    public institutions of higher education, as well as other
13    State educational agencies and other higher education
14    organizations, associations, interests, and stakeholders
15    as deemed appropriate by the Board.
16        (2) The metrics shall include provisions for
17    recognizing the demands on and rewarding the performance
18    of institutions in advancing the success of students who
19    are academically or financially at risk, including
20    first-generation students, low-income students, and
21    students traditionally underrepresented in higher
22    education, as specified in Section 9.16 of this Act.
23        (3) The metrics shall recognize and account for the
24    differentiated missions of institutions and sectors of
25    higher education.
26        (4) The metrics shall focus on the fundamental goal of

 

 

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1    increasing completion of college courses, certificates,
2    and degrees. Performance metrics shall recognize the
3    unique and broad mission of public community colleges
4    through consideration of additional factors including, but
5    not limited to, enrollment, progress through key academic
6    milestones, transfer to a baccalaureate institution, and
7    degree completion.
8        (5) The metrics must be designed to maintain the
9    quality of degrees, certificates, courses, and programs.
10In devising performance metrics, the Board may be guided by
11the report of the Higher Education Finance Study Commission.
12    Each State university must submit its plan for capital
13improvements of non-instructional facilities to the Board for
14approval before final commitments are made if the total cost
15of the project as approved by the institution's board of
16control is in excess of $2 million. Non-instructional uses
17shall include but not be limited to dormitories, union
18buildings, field houses, stadium, other recreational
19facilities and parking lots. The Board shall determine whether
20or not any project submitted for approval is consistent with
21the strategic plan for higher education and with instructional
22buildings that are provided for therein. If the project is
23found by a majority of the Board not to be consistent, such
24capital improvement shall not be constructed.
25(Source: P.A. 102-1046, eff. 6-7-22.)
 

 

 

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1    Section 25. The Public Community College Act is amended by
2changing Sections 2-7, 2-12, 2-15, 3-16, 3-19, 3-27.1, 3-29.8,
35-3, 5-4, 5-6, and 5-11 as follows:
 
4    (110 ILCS 805/2-7)  (from Ch. 122, par. 102-7)
5    Sec. 2-7. The State Board shall recognize as a standing
6advisory organization to the State Board an association of
7community college boards authorized under Section 3-55 of this
8Act and an advisory council authorized under subdivision (p)
9of Section 2-12 of this Act. The State Board shall also
10recognize a statewide organization representing community
11college presidents and a statewide advisory organization
12representing community college faculty as additional standing
13advisory organizations. The State Board may recognize any
14other statewide association, committee, or group as a standing
15advisory organization that the State Board deems appropriate.
16The State Board may appoint additional advisory committees, as
17necessary. The the members of these committees of which shall
18serve without compensation.
19(Source: P.A. 96-910, eff. 7-1-10.)
 
20    (110 ILCS 805/2-12)  (from Ch. 122, par. 102-12)
21    Sec. 2-12. The State Board shall have the power and it
22shall be its duty:
23        (a) To provide statewide planning for community
24    colleges as institutions of higher education and to

 

 

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1    coordinate the programs, services and activities of all
2    community colleges in the State so as to encourage and
3    establish a system of locally initiated and administered
4    comprehensive community colleges.
5        (b) To organize and conduct feasibility surveys for
6    new community colleges or for the inclusion of existing
7    institutions as community colleges and the locating of new
8    institutions.
9        (c) (Blank).
10        (c-5) In collaboration with the community colleges, to
11    furnish information for State and federal accountability
12    purposes, promote student and institutional improvement,
13    and meet research needs.
14        (d) To cooperate with the community colleges in
15    collecting and maintaining student characteristics,
16    enrollment and completion data, faculty and staff
17    characteristics, financial data, admission standards,
18    facility data qualification and certification of
19    facilities, and any other issues facing community
20    colleges.
21        (e) To enter into contracts with other governmental
22    agencies and eligible providers, such as local educational
23    agencies, community-based organizations of demonstrated
24    effectiveness, volunteer literacy organizations of
25    demonstrated effectiveness, institutions of higher
26    education, public and private nonprofit agencies,

 

 

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1    libraries, and public housing authorities; to accept
2    federal funds and to plan with other State agencies when
3    appropriate for the allocation of such federal funds for
4    instructional programs and student services including such
5    funds for adult education and literacy, vocational and
6    career and technical education, and retraining as may be
7    allocated by state and federal agencies for the aid of
8    community colleges. To receive, receipt for, hold in
9    trust, expend and administer, for all purposes of this
10    Act, funds and other aid made available by the federal
11    government or by other agencies public or private, subject
12    to appropriation by the General Assembly. The changes to
13    this subdivision (e) made by Public Act 91-830 apply on
14    and after July 1, 2001.
15        (f) To determine efficient and adequate standards for
16    community colleges for the physical plant, heating,
17    lighting, ventilation, sanitation, safety, equipment and
18    supplies, instruction and teaching, curriculum, library,
19    operation, maintenance, and administration and
20    supervision, and to grant recognition certificates to
21    community colleges meeting such standards.
22        (g) To determine the standards for establishment of
23    community colleges and the proper location of the site in
24    relation to existing institutions of higher education
25    offering academic, occupational and technical training
26    curricula, possible enrollment, assessed valuation,

 

 

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1    industrial, business, agricultural, and other conditions
2    reflecting educational needs in the area to be served;
3    however, no community college may be considered as being
4    recognized nor may the establishment of any community
5    college be authorized in any district which shall be
6    deemed inadequate for the maintenance, in accordance with
7    the desirable standards thus determined, of a community
8    college offering the basic subjects of general education
9    and suitable vocational and semiprofessional and technical
10    curricula.
11        (h) To approve or disapprove new units of instruction,
12    research or public service as defined in Section 3-25.1 of
13    this Act submitted by the boards of trustees of the
14    respective community college districts of this State. The
15    State Board may discontinue programs which fail to reflect
16    the educational needs of the area being served. The
17    community college district shall be granted 60 days
18    following the State Board staff recommendation and prior
19    to the State Board's action to respond to concerns
20    regarding the program in question. If the State Board acts
21    to abolish a community college program, the community
22    college district has a right to appeal the decision in
23    accordance with administrative rules promulgated by the
24    State Board under the provisions of the Illinois
25    Administrative Procedure Act.
26        (i) To review and approve or disapprove any contract

 

 

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1    or agreement that community colleges enter into with any
2    organization, association, educational institution, or
3    government agency to provide educational services for
4    academic credit. The State Board is authorized to monitor
5    performance under any contract or agreement that is
6    approved by the State Board. If the State Board does not
7    approve a particular contract or agreement, the community
8    college district has a right to appeal the decision in
9    accordance with administrative rules promulgated by the
10    State Board under the provisions of the Illinois
11    Administrative Procedure Act. Nothing in this subdivision
12    (i) shall be interpreted as applying to collective
13    bargaining agreements with any labor organization.
14        (j) To establish guidelines regarding sabbatical
15    leaves.
16        (k) (Blank). To establish guidelines for the admission
17    into special, appropriate programs conducted or created by
18    community colleges for elementary and secondary school
19    dropouts who have received truant status from the school
20    districts of this State in compliance with Section 26-14
21    of the School Code.
22        (l) (Blank).
23        (m) (Blank).
24        (n) To create and participate in the conduct and
25    operation of any corporation, joint venture, partnership,
26    association, or other organizational entity that has the

 

 

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1    power: (i) to acquire land, buildings, and other capital
2    equipment for the use and benefit of the community
3    colleges or their students; (ii) to accept gifts and make
4    grants for the use and benefit of the community colleges
5    or their students; (iii) to aid in the instruction and
6    education of students of community colleges; and (iv) to
7    promote activities to acquaint members of the community
8    with the facilities of the various community colleges.
9        (o) To ensure the effective teaching of adult learners
10    and to prepare them for success in employment and lifelong
11    learning by administering a network of providers,
12    programs, and services to provide classes for the
13    instruction of those individuals who (i) are 16 years of
14    age or older, are not enrolled or required to be enrolled
15    in a secondary school under State law, and are
16    basic-skills deficient, (ii) do not have a secondary
17    school diploma or its recognized equivalent and have not
18    achieved an equivalent level of education, or (iii) are an
19    English language learner. Classes in adult education may
20    include adult basic education, adult secondary and high
21    school equivalency testing education, high school credit,
22    literacy, English language acquisition, integrated
23    education and training in coordination with vocational
24    skills training, and any other instruction designed to
25    prepare adult students to function successfully in society
26    and to experience success in postsecondary education and

 

 

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1    employment.
2        (p) To supervise the administration of adult education
3    and literacy programs, to establish the standards for such
4    courses of instruction and supervise the administration
5    thereof, to contract with other State and local agencies
6    and eligible providers of demonstrated effectiveness, such
7    as local educational agencies, community-based
8    organizations, volunteer literacy organizations,
9    institutions of higher education, public and private
10    nonprofit agencies, libraries, public housing authorities,
11    and nonprofit institutions for the purpose of promoting
12    and establishing classes for instruction under these
13    programs, to contract with other State and local agencies
14    to accept and expend appropriations for educational
15    purposes to reimburse local eligible providers for the
16    cost of these programs, and to establish an advisory
17    council consisting of all categories of eligible
18    providers; agency partners, such as the State Board of
19    Education, the Department of Human Services, the
20    Department of Employment Security, the Department of
21    Commerce and Economic Opportunity, and the Secretary of
22    State literacy program; and other stakeholders to
23    identify, deliberate, and make recommendations to the
24    State Board on adult education policy and priorities. The
25    State Board shall support statewide geographic
26    distribution; diversity of eligible providers; and the

 

 

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1    adequacy, stability, and predictability of funding so as
2    not to disrupt or diminish, but rather to enhance, adult
3    education and literacy services.
4(Source: P.A. 100-884, eff. 1-1-19; 101-81, eff. 7-12-19;
5101-289, eff. 8-9-19.)
 
6    (110 ILCS 805/2-15)  (from Ch. 122, par. 102-15)
7    Sec. 2-15. Recognition. The State Board shall grant
8recognition to community colleges which maintain equipment,
9courses of study, standards of scholarship and other
10requirements set by the State Board. Application for
11recognition shall be made to the State Board. The State Board
12shall set the criteria by which the community colleges shall
13be judged and through the executive officer of the State Board
14shall arrange for an official evaluation of the community
15colleges and shall grant recognition of such community
16colleges as may meet the required standards.
17    Recognition shall include a review of compliance with
18Section 3-65 of this Act and other applicable State and
19federal laws regarding employment contracts and compensation.
20Annually, the State Board shall convene an advisory committee
21to review the findings and make recommendations for changes or
22additions to the laws or the review procedures.
23    If a community college district fails to meet the
24recognition standards set by the State Board, and if the
25district, in accordance with: (a) generally accepted

 

 

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1Government Auditing Standards issued by the Comptroller
2General of the United States, (b) auditing standards
3established by the American Institute of Certified Public
4Accountants, or (c) other applicable State and federal
5standards, is found by the district's auditor or the State
6Board working in cooperation with the district's auditor to
7have material deficiencies in the design or operation of
8financial control structures that could adversely affect the
9district's financial integrity and stability, or is found to
10have misused State or federal funds and jeopardized its
11participation in State or federal programs, the State Board
12may, notwithstanding any laws to the contrary, implement one
13or more of the following emergency powers:
14        (1) To direct the district to develop and implement a
15    plan that addresses the budgetary, programmatic, and other
16    relevant factors contributing to the need to implement
17    emergency measures. The State Board shall assist in the
18    development and shall have final approval of the plan.
19        (2) To direct the district to contract for educational
20    services in accordance with Section 3-40. The State Board
21    shall assist in the development and shall have final
22    approval of any such contractual agreements.
23        (3) To approve and require revisions of the district's
24    budget.
25        (4) To appoint a Financial Administrator to exercise
26    oversight and control over the district's budget. The

 

 

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1    Financial Administrator shall serve at the pleasure of the
2    State Board and may be an individual, partnership,
3    corporation, including an accounting firm, or other entity
4    determined by the State Board to be qualified to serve,
5    and shall be entitled to compensation. Such compensation
6    shall be provided through specific appropriations made to
7    the State Board for that express purpose.
8        (5) To develop and implement a plan providing for the
9    dissolution or reorganization of the district if in the
10    judgment of the State Board the circumstances so require.
11    All local funds under the control of the State Board as a
12    result of the dissolution or reorganization of the
13    district shall be expended by the State Board for purposes
14    of providing educational services in the territory from
15    which those local funds were acquired.
16(Source: P.A. 99-691, eff. 1-1-17; 100-884, eff. 1-1-19.)
 
17    (110 ILCS 805/3-16)  (from Ch. 122, par. 103-16)
18    Sec. 3-16. The academic term of community college
19districts shall be determined by the community college board
20in accordance with rules adopted by with the consent of the
21State Board. However, days within such term designated for the
22purpose of enrollment, testing, orientation or examination of
23students and all days on which scheduled classes are held
24shall be considered as days of student attendance. Classes may
25be held on Saturdays, notwithstanding any other provisions of

 

 

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1this Act.
2(Source: P.A. 78-669.)
 
3    (110 ILCS 805/3-19)  (from Ch. 122, par. 103-19)
4    Sec. 3-19. Before entering upon his duties, each treasurer
5shall execute a bond with 2 or more persons having an interest
6in real estate who are not members of the board of the
7district, or with a surety company authorized to do business
8in this State, as sureties, payable to the board of the
9community college district for which he is treasurer and
10conditioned upon the faithful discharge of his duties. The
11penalty of the bond shall be 25% of the amount of all bonds,
12notes, mortgages, moneys, and effects of which the treasurer
13is to have custody, whether individuals act as surety or
14whether the surety is given by a surety authorized to do
15business in this State. The penalty of the bond of the
16treasurer shall be increased or decreased from time to time,
17as the increase or decrease of the amount of notes, bonds,
18mortgages, moneys and effects may require, and whenever in the
19judgment of the State board the penalty of the bond should be
20increased or decreased. The bond must be approved by at least a
21majority of the board of the community college district and
22filed with the State Board. A copy of the bond must also be
23filed with the county clerk of each county in which any part of
24the community college district is situated. The bond shall be
25in substantially the following form:

 

 

SB3132- 26 -LRB103 39113 RJT 69253 b

1STATE OF ILLINOIS)
2                 ) SS.
3.......... COUNTY)
4    We, .... and .... are obligated, jointly and severally, to
5the Board of Community College District No. ...., County (or
6Counties) of .... and State of Illinois in the penal sum of
7$...., for the payment of which we obligate ourselves, our
8heirs, executors and administrators.
9    Dated (insert date).
10    The condition of this obligation is such that if ....,
11treasurer in the district above stated, faithfully discharges
12the duties of his or her office, according to law, and delivers
13to his or her successor in office, after that successor has
14qualified by giving bond as provided by law, all moneys,
15books, papers, securities and property, which shall come into
16his or her possession or control, as such treasurer, from the
17date of his or her bond to the time that his or her successor
18has qualified as treasurer, by giving such bond as is required
19by law, then this obligation to be void; otherwise to remain in
20full force and effect.
21
Signed:.....................
22
............................
23
............................
24
............................
25    Approved and accepted by Board of Community College
26District No. .... County (or Counties) of .... and State of

 

 

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1Illinois. By .... Chairman .... Secretary
2    No part of any State or other district funds may be paid to
3any treasurer or other persons authorized to receive it unless
4the treasurer has filed his or her bond as required herein.
5(Source: P.A. 92-167, eff. 7-26-01; 93-163, eff. 7-10-03.)
 
6    (110 ILCS 805/3-27.1)  (from Ch. 122, par. 103-27.1)
7    Sec. 3-27.1. Contracts. To award all contracts for
8purchase of supplies, materials or work involving an
9expenditure in excess of $25,000 or a lower amount as required
10by board policy to the lowest responsible bidder considering
11conformity with specifications, terms of delivery, quality,
12and serviceability; after due advertisement, except the
13following: (a) contracts for the services of individuals
14possessing a high degree of professional skill where the
15ability or fitness of the individual plays an important part;
16(b) contracts for the printing of finance committee reports
17and departmental reports; (c) contracts for the printing or
18engraving of bonds, tax warrants and other evidences of
19indebtedness; (d) contracts for materials and work which have
20been awarded to the lowest responsible bidder after due
21advertisement, but due to unforeseen revisions, not the fault
22of the contractor for materials and work, must be revised
23causing expenditures not in excess of 10% of the contract
24price; (e) contracts for the maintenance or servicing of, or
25provision of repair parts for, equipment which are made with

 

 

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1the manufacturer or authorized service agent of that equipment
2where the provision of parts, maintenance, or servicing can
3best be performed by the manufacturer or authorized service
4agent; (f) purchases and contracts for the use, purchase,
5delivery, movement, or installation of data processing
6equipment, software, or services and telecommunications and
7inter-connect equipment, software, and services; (g) contracts
8for duplicating machines and supplies; (h) contracts for the
9purchase of natural gas when the cost is less than that offered
10by a public utility; (i) purchases of equipment previously
11owned by some entity other than the district itself; (j)
12contracts for repair, maintenance, remodeling, renovation, or
13construction, or a single project involving an expenditure not
14to exceed $50,000 and not involving a change or increase in the
15size, type, or extent of an existing facility; (k) contracts
16for goods or services procured from another governmental
17agency; (l) contracts for goods or services which are
18economically procurable from only one source, such as for the
19purchase of magazines, books, periodicals, pamphlets and
20reports, and for utility services such as water, light, heat,
21telephone or telegraph; (m) where funds are expended in an
22emergency and such emergency expenditure is approved by 3/4 of
23the members of the board; and (n) contracts for the purchase of
24perishable foods and perishable beverages.
25    All competitive bids for contracts involving an
26expenditure in excess of $25,000 or a lower amount as required

 

 

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1by board policy must be sealed by the bidder and must be opened
2by a member or employee of the board at a public bid opening at
3which the contents of the bids must be announced. Each bidder
4must receive at least 3 days' notice of the time and place of
5such bid opening. For purposes of this Section due
6advertisement includes, but is not limited to, at least one
7public notice at least 10 days before the bid date in a
8newspaper published in the district, or if no newspaper is
9published in the district, in a newspaper of general
10circulation in the area of the district. Electronic bid
11submissions shall be considered a sealed document for
12competitive bid requests if they are received at the
13designated office by the time and date set for receipt for
14bids. However, bids for construction purposes are prohibited
15from being submitted electronically. Electronic bid
16submissions must be authorized by specific language in the bid
17documents in order to be considered and must be opened in
18accordance with electronic security measures in effect at the
19community college at the time of opening. Unless the
20electronic submission procedures provide for a secure receipt,
21the vendor assumes the risk of premature disclosure due to
22submission in an unsealed form.
23    The provisions of this Section do not apply to guaranteed
24energy savings contracts entered into under Article V-A. The
25provisions of this Section do not prevent a community college
26from complying with the terms and conditions of a grant, gift,

 

 

SB3132- 30 -LRB103 39113 RJT 69253 b

1or bequest that calls for the procurement of a particular good
2or service, provided that the grant, gift, or bequest provides
3all funding for the contract, complies with all applicable
4laws, and does not interfere with or otherwise impair any
5collective bargaining agreements the community college may
6have with labor organizations.
7(Source: P.A. 97-1031, eff. 8-17-12; 98-269, eff. 1-1-14.)
 
8    (110 ILCS 805/3-29.8)
9    Sec. 3-29.8. Administrator and faculty salary and
10benefits; report. Each board of trustees shall report to the
11State Board, on or before August July 1 of each year, the base
12salary and benefits of the president or chief executive
13officer of the community college and all administrators,
14faculty members, and instructors employed by the community
15college district. For the purposes of this Section, "benefits"
16includes without limitation vacation days, sick days, bonuses,
17annuities, and retirement enhancements.
18(Source: P.A. 99-655, eff. 7-28-16.)
 
19    (110 ILCS 805/5-3)  (from Ch. 122, par. 105-3)
20    Sec. 5-3. Community college districts desiring to
21participate in the program authorized in Section 5-1 of this
22Act shall make a written application to the State Board on
23forms provided by such Board. The State Board shall evaluate
24the need for the building purposes proposed. The State Board

 

 

SB3132- 31 -LRB103 39113 RJT 69253 b

1may require the following information:
2        (a) Description of present facilities and those
3    planned for construction.
4        (b) Present community college enrollment.
5        (c) (Blank).
6        (d) Outline of community college curricula, including
7    vocational and technical education, present and proposed.
8        (e) District financial report including financing
9    plans demonstrating the district's ability to finance 25%
10    of the project costs for district's share of costs.
11        (f) Facts showing adequate standards for the physical
12    plant, heating, lighting, ventilation, sanitation, safety,
13    equipment and supplies, instruction and teaching,
14    curricula, library, operation, maintenance,
15    administration and supervision.
16        (g) Survey of the existing community college or
17    proposed community college service area and the proper
18    location of the site in relation to the existing
19    institutions of higher education offering
20    pre-professional, occupational and technical training
21    curricula. The factual survey must show the possible
22    enrollment, assessed valuation, industrial, business,
23    agricultural and other conditions reflecting educational
24    needs in the area to be served; however, no community
25    college will be authorized in any location which, on the
26    basis of the evidence supplied by the factual survey,

 

 

SB3132- 32 -LRB103 39113 RJT 69253 b

1    shall be deemed inadequate for the maintenance of
2    desirable standards for the offering of basic subjects of
3    general education, semiprofessional and technical
4    curricula.
5        (h) Such other information as the State Board may
6    require.
7(Source: P.A. 100-884, eff. 1-1-19.)
 
8    (110 ILCS 805/5-4)  (from Ch. 122, par. 105-4)
9    Sec. 5-4. Any community college district desiring to
10participate in the program for new academic facilities shall
11file an application with the State Board prior to such dates as
12are designated by the State Board. The State Board in
13providing priorities if such are needed because of limited
14funds shall be regulated by objective criteria which shall be
15such as will tend best to achieve the objectives of this
16Article, while leaving opportunity and flexibility for the
17development of standards and methods that will best
18accommodate the varied needs of the community colleges in the
19State. Basic criteria shall give special consideration to the
20expansion of enrollment capacity and shall include
21consideration of the degree to which the applicant districts
22effectively utilize existing facilities and which allow the
23Board, for priority purposes, to provide for the grouping in a
24reasonable manner, the application for facilities according to
25functional or educational type.

 

 

SB3132- 33 -LRB103 39113 RJT 69253 b

1(Source: P.A. 100-884, eff. 1-1-19.)
 
2    (110 ILCS 805/5-6)  (from Ch. 122, par. 105-6)
3    Sec. 5-6. Any community college district may, as a part of
4its 25% contribution for building purposes, contribute real
5property situated within the geographical boundaries of such
6community college district at market value as determined at
7the time the contribution is made to the Capital Development
8Board in accordance with the program and budget, the plan as
9approved by the State Board by 3 licensed appraisers, except
10that where a community college district has acquired such
11lands without cost or for a consideration substantially less
12than the market value thereof at the time of acquisition, the
13amount of the community college district's contribution for
14the land shall be limited (a) to the difference, if any,
15between the appraised market value at the time of acquisition
16and the appraised market value at the time the contribution is
17made to the Capital Development Board, if the grantor is the
18Federal government, (except that no property acquired prior to
19December 18, 1975 shall be affected by the provisions of this
20Section), or any department, agency, board or commission
21thereof or (b) to the actual amount, if any, of the
22consideration paid for the land if the grantor is the State of
23Illinois or any department, agency, board or commission
24thereof.
25    In the event the highest appraisal exceeds the average of

 

 

SB3132- 34 -LRB103 39113 RJT 69253 b

1the other two appraisals by more than 10%, such appraisal
2shall not be considered in determining the market value of the
3land and a new appraiser shall be appointed by the State Board,
4who shall re-appraise the land. The re-appraisal shall then
5become the third appraisal as required by this Section. The
6cost of the appraisement shall be paid by the community
7college district.
8(Source: P.A. 100-884, eff. 1-1-19.)
 
9    (110 ILCS 805/5-11)  (from Ch. 122, par. 105-11)
10    Sec. 5-11. Any public community college which subsequent
11to July 1, 1972 but before July 1, 2016, commenced
12construction of any facilities approved by the State Board and
13the Illinois Board of Higher Education may, after completion
14thereof, apply to the State for a grant for expenditures made
15by the community college from its own funds for building
16purposes for such facilities in excess of 25% of the cost of
17such facilities as approved by the State Board and the
18Illinois Board of Higher Education. Any public community
19college that, on or after July 1, 2016, commenced construction
20of any facilities approved by the State Board may, after
21completion thereof, apply to the State for a grant for
22expenditures made by the community college from its own funds
23for building purposes for such facilities in excess of 25% of
24the cost of such facilities as approved by the State Board. A
25grant shall be contingent upon said community college having

 

 

SB3132- 35 -LRB103 39113 RJT 69253 b

1otherwise complied with Sections 5-3, 5-4, 5-5 and 5-10 of
2this Act.
3    If any payments or contributions of any kind which are
4based upon, or are to be applied to, the cost of such
5construction are received from the Federal government, or an
6agency thereof, subsequent to receipt of the grant herein
7provided, the amount of such subsequent payment or
8contributions shall be paid over to the Capital Development
9Board by the community college for deposit in the Capital
10Development Bond Interest and Retirement Fund.
11(Source: P.A. 99-655, eff. 7-28-16.)
 
12    (110 ILCS 805/5-5 rep.)
13    Section 30. The Public Community College Act is amended by
14repealing Section 5-5.
 
15    (110 ILCS 983/20 rep.)
16    Section 35. The Know Before You Owe Private Education Loan
17Act is amended by repealing Section 20.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.

 

 

SB3132- 36 -LRB103 39113 RJT 69253 b

1 INDEX
2 Statutes amended in order of appearance
3    105 ILCS 5/3-15.12from Ch. 122, par. 3-15.12
4    110 ILCS 148/60
5    110 ILCS 149/20
6    110 ILCS 205/8from Ch. 144, par. 188
7    110 ILCS 805/2-7from Ch. 122, par. 102-7
8    110 ILCS 805/2-12from Ch. 122, par. 102-12
9    110 ILCS 805/2-15from Ch. 122, par. 102-15
10    110 ILCS 805/3-16from Ch. 122, par. 103-16
11    110 ILCS 805/3-19from Ch. 122, par. 103-19
12    110 ILCS 805/3-27.1from Ch. 122, par. 103-27.1
13    110 ILCS 805/3-29.8
14    110 ILCS 805/5-3from Ch. 122, par. 105-3
15    110 ILCS 805/5-4from Ch. 122, par. 105-4
16    110 ILCS 805/5-6from Ch. 122, par. 105-6
17    110 ILCS 805/5-11from Ch. 122, par. 105-11
18    110 ILCS 805/5-5 rep.
19    110 ILCS 983/20 rep.