HB4309 99TH GENERAL ASSEMBLY

LRB099 14422 NHT 38737 b

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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by adding Section 2-3.3a as follows:

(105 ILCS 5/2-3.3a new)

Sec. 2-3.3a. Inspector General.

(a) The State Board of Education shall appoint an Inspector General. The Inspector General shall have 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 a school district organized under Article 34 of this Code, or its school board or by an employee, contractor, or member of the school board or district. The Inspector General shall make recommendations to the State Board about the investigations. The State Board shall set the compensation of the Inspector General. The Inspector General shall be appointed by the State Board as soon as practicable after the effective date of this amendatory Act of the 99th General Assembly and shall serve for a term expiring on June 30, 2020 and until his or her successor is appointed and has qualified. Each successor in office shall be appointed by the State Board for a 4-year term expiring on June 30th of an even-numbered year and shall serve until his or her successor is appointed and has qualified. If the Inspector General leaves office or if a vacancy in that office otherwise occurs, the State Board shall appoint a successor to serve under this Section for the remainder of the unexpired term. The Inspector General shall be independent of the operations of the State Board and shall perform other duties requested by the State Board.

(b) The Inspector General shall have access to all information and personnel necessary to perform the duties of the office. If the Inspector General determines that a possible criminal act has been committed or that special expertise is required in an investigation, he or she shall immediately notify local law enforcement and the State's Attorney that has jurisdiction in the area encompassing the school district. All investigations conducted by the Inspector General must be conducted in a manner that ensures the preservation of evidence for use in criminal prosecutions.

(c) At all times the Inspector General must be granted access to any building or facility that is owned, operated, or leased by a school board or school district.

(d) The Inspector General shall have the power to subpoena witnesses and compel the production of records, books, papers, and other documents pertinent to an investigation authorized by this Section. Any person who (i) fails to appear in response to a subpoena, (ii) fails to answer any question, (iii) fails to produce any records, books, papers, or other documents pertinent to an investigation under this Section, or (iv) knowingly gives false testimony during an investigation under this Section is guilty of a Class A misdemeanor.

(e) The Inspector General shall provide to the State Board of Education and the General Assembly, as provided in Section 3.1 of the General Assembly Organization Act, a summary of reports and investigations made under this Section for the previous fiscal year no later than January 1 of each year. The summaries shall detail the final disposition of the Inspector General's recommendations made to the State Board. The summaries shall not contain any confidential or identifying information concerning the subjects of the reports and investigations. The summaries shall also include detailed recommended administrative actions and matters for consideration by the General Assembly.