Illinois General Assembly - Full Text of SB3132
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Full Text of SB3132  103rd General Assembly

SB3132enr 103RD GENERAL ASSEMBLY

 


 
SB3132 EnrolledLRB103 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 7. The State Universities Civil Service Act is
9amended by changing Section 36e as follows:
 
10    (110 ILCS 70/36e)  (from Ch. 24 1/2, par. 38b4)
11    Sec. 36e. Coverage. All employees of the Illinois
12Community College Board, Southern Illinois University, Chicago
13State University, Eastern Illinois University, Governors State
14University, Illinois State University, Northeastern Illinois
15University, Northern Illinois University, Western Illinois
16University, the University of Illinois, the University System,
17the State Universities Retirement System, the Illinois Student
18Assistance Commission State Scholarship Commission, and the
19Board of Higher Education shall be covered by the University
20System described in Sections 36b to 36q, inclusive, of this
21Act, except the following persons:
22        (1) The members and officers of the Merit Board and
23    the board of trustees, and the commissioners of the
24    institutions and agencies covered hereunder;

 

 

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1        (2) The presidents and vice-presidents of each
2    educational institution and the executive director,
3    directors, deputy directors, managing directors, chiefs,
4    and attorneys of each higher education agency;
5        (3) Other principal administrative employees of each
6    institution and agency as determined by the Merit Board;
7        (4) The teaching, research and extension faculties of
8    each institution and agency;
9        (5) Students employed under rules prescribed by the
10    Merit Board, without examination or certification.
11(Source: P.A. 100-615, eff. 1-1-19.)
 
12    Section 10. The Postsecondary and Workforce Readiness Act
13is amended by changing Section 60 as follows:
 
14    (110 ILCS 148/60)
15    Sec. 60. Transitional mathematics instruction statewide
16supports.
17    (a) (Blank). Beginning with the 2019-2020 academic year,
18ICCB shall permit transitional mathematics instruction that
19has been approved for statewide portability in accordance with
20the requirements of this Act to be funded, subject to
21appropriation, in a manner consistent with reimbursement rates
22for developmental education courses offered at a community
23college. Such funding must be used by a community college for
24costs associated with transitional mathematics or English

 

 

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

 

 

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1    colleges can use for determining students 11th grade
2    projected readiness for college-level mathematics courses
3    upon high school graduation; and
4        (2) reports that compare participating students'
5    postsecondary outcomes with other students, particularly
6    those in traditional developmental education course
7    sequences.
8(Source: P.A. 99-674, eff. 7-29-16; 100-599, eff. 6-29-18.)
 
9    Section 15. The Student Parent Data Collection Act is
10amended by changing Section 20 as follows:
 
11    (110 ILCS 149/20)
12    Sec. 20. Reporting requirements.
13    (a) On or before July 1, 2022, July 1, 2023, and October
1415, 2024 and on or before each October 15 and annually
15thereafter, each public university shall report the data
16collected under Sections 10 and 15 to the Board of Higher
17Education, and each public community college shall report the
18data collected under Sections 10 and 15 to the Illinois
19Community College Board.
20    (b) Each institution, the Board of Higher Education, and
21the Illinois Community College Board shall make the data
22reported under subsection (a) publicly available annually on
23their Internet websites.
24    (c) The Board of Higher Education and the Illinois

 

 

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1Community College Board, in consultation with public
2institutions of higher education and advocates, may adopt
3rules concerning the reporting of data to protect student
4privacy while satisfying the requirements of this Act.
5(Source: P.A. 102-88, eff. 7-9-21.)
 
6    Section 20. The Board of Higher Education Act is amended
7by changing Section 8 as follows:
 
8    (110 ILCS 205/8)  (from Ch. 144, par. 188)
9    Sec. 8. The Board of Trustees of the University of
10Illinois, the Board of Trustees of Southern Illinois
11University, the Board of Trustees of Chicago State University,
12the Board of Trustees of Eastern Illinois University, the
13Board of Trustees of Governors State University, the Board of
14Trustees of Illinois State University, the Board of Trustees
15of Northeastern Illinois University, the Board of Trustees of
16Northern Illinois University, and the Board of Trustees of
17Western Illinois University, and the Illinois Community
18College Board shall submit to the Board not later than the 15th
19day of November of each year its budget proposals for the
20operation and capital needs of the institutions under its
21governance or supervision for the ensuing fiscal year. The
22Illinois Community College Board shall submit to the Board by
23December 15 of each year its budget proposal for the operation
24and capital needs of the institutions under its governance or

 

 

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

 

 

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

 

 

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1        (3) The metrics shall recognize and account for the
2    differentiated missions of institutions and sectors of
3    higher education.
4        (4) The metrics shall focus on the fundamental goal of
5    increasing completion of college courses, certificates,
6    and degrees. Performance metrics shall recognize the
7    unique and broad mission of public community colleges
8    through consideration of additional factors including, but
9    not limited to, enrollment, progress through key academic
10    milestones, transfer to a baccalaureate institution, and
11    degree completion.
12        (5) The metrics must be designed to maintain the
13    quality of degrees, certificates, courses, and programs.
14In devising performance metrics, the Board may be guided by
15the report of the Higher Education Finance Study Commission.
16    Each State university must submit its plan for capital
17improvements of non-instructional facilities to the Board for
18approval before final commitments are made if the total cost
19of the project as approved by the institution's board of
20control is in excess of $2 million. Non-instructional uses
21shall include but not be limited to dormitories, union
22buildings, field houses, stadium, other recreational
23facilities and parking lots. The Board shall determine whether
24or not any project submitted for approval is consistent with
25the strategic plan for higher education and with instructional
26buildings that are provided for therein. If the project is

 

 

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1found by a majority of the Board not to be consistent, such
2capital improvement shall not be constructed.
3(Source: P.A. 102-1046, eff. 6-7-22.)
 
4    Section 25. The Public Community College Act is amended by
5changing Sections 2-7, 2-12, 2-15, 3-16, 3-19, 3-27.1, 3-29.8,
65-3, 5-4, 5-6, and 5-11 as follows:
 
7    (110 ILCS 805/2-7)  (from Ch. 122, par. 102-7)
8    Sec. 2-7. The State Board shall recognize as a standing
9advisory organization to the State Board an association of
10community college boards authorized under Section 3-55 of this
11Act and an advisory council authorized under subdivision (p)
12of Section 2-12 of this Act. The State Board shall also
13recognize a statewide organization representing community
14college presidents and a statewide advisory organization
15representing community college faculty as additional standing
16advisory organizations. The State Board may recognize any
17other statewide association, committee, or group as a standing
18advisory organization that the State Board deems appropriate.
19The State Board may appoint additional advisory committees, as
20necessary. The the members of these committees of which shall
21serve without compensation.
22(Source: P.A. 96-910, eff. 7-1-10.)
 
23    (110 ILCS 805/2-12)  (from Ch. 122, par. 102-12)

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    education and training in coordination with vocational
2    skills training, and any other instruction designed to
3    prepare adult students to function successfully in society
4    and to experience success in postsecondary education and
5    employment.
6        (p) To supervise the administration of adult education
7    and literacy programs, to establish the standards for such
8    courses of instruction and supervise the administration
9    thereof, to contract with other State and local agencies
10    and eligible providers of demonstrated effectiveness, such
11    as local educational agencies, community-based
12    organizations, volunteer literacy organizations,
13    institutions of higher education, public and private
14    nonprofit agencies, libraries, public housing authorities,
15    and nonprofit institutions for the purpose of promoting
16    and establishing classes for instruction under these
17    programs, to contract with other State and local agencies
18    to accept and expend appropriations for educational
19    purposes to reimburse local eligible providers for the
20    cost of these programs, and to establish an advisory
21    council consisting of all categories of eligible
22    providers; agency partners, such as the State Board of
23    Education, the Department of Human Services, the
24    Department of Employment Security, the Department of
25    Commerce and Economic Opportunity, and the Secretary of
26    State literacy program; and other stakeholders to

 

 

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1    identify, deliberate, and make recommendations to the
2    State Board on adult education policy and priorities. The
3    State Board shall support statewide geographic
4    distribution; diversity of eligible providers; and the
5    adequacy, stability, and predictability of funding so as
6    not to disrupt or diminish, but rather to enhance, adult
7    education and literacy services.
8(Source: P.A. 100-884, eff. 1-1-19; 101-81, eff. 7-12-19;
9101-289, eff. 8-9-19.)
 
10    (110 ILCS 805/2-15)  (from Ch. 122, par. 102-15)
11    Sec. 2-15. Recognition. The State Board shall grant
12recognition to community colleges which maintain equipment,
13courses of study, standards of scholarship and other
14requirements set by the State Board. Application for
15recognition shall be made to the State Board. The State Board
16shall set the criteria by which the community colleges shall
17be judged and through the executive officer of the State Board
18shall arrange for an official evaluation of the community
19colleges and shall grant recognition of such community
20colleges as may meet the required standards.
21    Recognition shall include a review of compliance with
22Section 3-65 of this Act and other applicable State and
23federal laws regarding employment contracts and compensation.
24Annually, the State Board shall convene an advisory committee
25to review the findings and make recommendations for changes or

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1the members of the board; and (n) contracts for the purchase of
2perishable foods and perishable beverages.
3    All competitive bids for contracts involving an
4expenditure in excess of $25,000 or a lower amount as required
5by board policy must be sealed by the bidder and must be opened
6by a member or employee of the board at a public bid opening at
7which the contents of the bids must be announced. Each bidder
8must receive at least 3 days' notice of the time and place of
9such bid opening. For purposes of this Section due
10advertisement includes, but is not limited to, at least one
11public notice at least 10 days before the bid date in a
12newspaper published in the district, or if no newspaper is
13published in the district, in a newspaper of general
14circulation in the area of the district. Electronic bid
15submissions shall be considered a sealed document for
16competitive bid requests if they are received at the
17designated office by the time and date set for receipt for
18bids. However, bids for construction purposes are prohibited
19from being submitted electronically. Electronic bid
20submissions must be authorized by specific language in the bid
21documents in order to be considered and must be opened in
22accordance with electronic security measures in effect at the
23community college at the time of opening. Unless the
24electronic submission procedures provide for a secure receipt,
25the vendor assumes the risk of premature disclosure due to
26submission in an unsealed form.

 

 

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

 

 

SB3132 Enrolled- 32 -LRB103 39113 RJT 69253 b

1participate in the program authorized in Section 5-1 of this
2Act shall make a written application to the State Board on
3forms provided by such Board. The State Board shall evaluate
4the need for the building purposes proposed. The State Board
5may require the following information:
6        (a) Description of present facilities and those
7    planned for construction.
8        (b) Present community college enrollment.
9        (c) (Blank).
10        (d) Outline of community college curricula, including
11    vocational and technical education, present and proposed.
12        (e) District financial report including financing
13    plans demonstrating the district's ability to finance 25%
14    of the project costs for district's share of costs.
15        (f) Facts showing adequate standards for the physical
16    plant, heating, lighting, ventilation, sanitation, safety,
17    equipment and supplies, instruction and teaching,
18    curricula, library, operation, maintenance,
19    administration and supervision.
20        (g) Survey of the existing community college or
21    proposed community college service area and the proper
22    location of the site in relation to the existing
23    institutions of higher education offering
24    pre-professional, occupational and technical training
25    curricula. The factual survey must show the possible
26    enrollment, assessed valuation, industrial, business,

 

 

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1    agricultural and other conditions reflecting educational
2    needs in the area to be served; however, no community
3    college will be authorized in any location which, on the
4    basis of the evidence supplied by the factual survey,
5    shall be deemed inadequate for the maintenance of
6    desirable standards for the offering of basic subjects of
7    general education, semiprofessional and technical
8    curricula.
9        (h) Such other information as the State Board may
10    require.
11(Source: P.A. 100-884, eff. 1-1-19.)
 
12    (110 ILCS 805/5-4)  (from Ch. 122, par. 105-4)
13    Sec. 5-4. Any community college district desiring to
14participate in the program for new academic facilities shall
15file an application with the State Board prior to such dates as
16are designated by the State Board. The State Board in
17providing priorities if such are needed because of limited
18funds shall be regulated by objective criteria which shall be
19such as will tend best to achieve the objectives of this
20Article, while leaving opportunity and flexibility for the
21development of standards and methods that will best
22accommodate the varied needs of the community colleges in the
23State. Basic criteria shall give special consideration to the
24expansion of enrollment capacity and shall include
25consideration of the degree to which the applicant districts

 

 

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

 

 

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

 

 

SB3132 Enrolled- 36 -LRB103 39113 RJT 69253 b

1expenditures made by the community college from its own funds
2for building purposes for such facilities in excess of 25% of
3the cost of such facilities as approved by the State Board. A
4grant shall be contingent upon said community college having
5otherwise complied with Sections 5-3, 5-4, 5-5 and 5-10 of
6this Act.
7    If any payments or contributions of any kind which are
8based upon, or are to be applied to, the cost of such
9construction are received from the Federal government, or an
10agency thereof, subsequent to receipt of the grant herein
11provided, the amount of such subsequent payment or
12contributions shall be paid over to the Capital Development
13Board by the community college for deposit in the Capital
14Development Bond Interest and Retirement Fund.
15(Source: P.A. 99-655, eff. 7-28-16.)
 
16    (110 ILCS 805/5-5 rep.)
17    Section 30. The Public Community College Act is amended by
18repealing Section 5-5.
 
19    (110 ILCS 983/20 rep.)
20    Section 35. The Know Before You Owe Private Education Loan
21Act is amended by repealing Section 20.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.

 

 

SB3132 Enrolled- 37 -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.