DEPARTMENT OF EDUCATION ACT Senate SponsorsSen. Miguel del Valle-Carol Ronen-Kirk W. Dillard-Mattie Hunter, Louis S. Viverito, Martin A. Sandoval-Jacqueline Y. Collins, Iris Y. Martinez, Donne E. Trotter and Kimberly A. Lightford House Sponsors(Rep. Calvin L. Giles-Monique D. Davis-Renee Kosel-Jerry L. Mitchell-Roger L. Eddy, David E. Miller, Annazette Collins, Eddie Washington, Mary E. Flowers, Kathleen A. Ryg, Karen May, Jay C. Hoffman, Michael K. Smith, Robin Kelly, Deborah L. Graham, Wyvetter H. Younge, Karen A. Yarbrough, William Davis and Sandra M. Pihos) 9/14/2004SenatePublic Act . . . . . . . . . 93-1036 New Act20 ILCS 5/5-15was 20 ILCS 5/320 ILCS 5/5-20was 20 ILCS 5/420 ILCS 5/5-338 new30 ILCS 5/3-1from Ch. 15, par. 303-140 ILCS 5/16-106from Ch. 108 1/2, par. 16-10640 ILCS 5/16-163from Ch. 108 1/2, par. 16-16340 ILCS 5/16-164from Ch. 108 1/2, par. 16-164105 ILCS 5/Art. 1A heading105 ILCS 5/1A-0.01 new105 ILCS 5/1A-4from Ch. 122, par. 1A-4Creates the Department of Education Act and amends the Civil Administrative Code of Illinois, the Illinois State Auditing Act, the Illinois Pension Code, and the School Code. Creates the Department of Education, with a Secretary of Education as its head. Provides that all of the rights, powers, duties, and functions vested by law in the State Board of Education or the State Superintendent of Education (except the State Board of Education's duty under the Illinois Constitution to appoint a chief State educational officer) are transferred to the Department of Education on July 1, 2005. Provides for the transfer of personnel and property. Requires the Auditor General to conduct a financial audit of the State Board of Education. Provides that the State Board of Education's powers and duties are limited by law, as provided in the Illinois Constitution, to only the following: (i) the State Board of Education shall research current educational best practices and policies and shall report its findings to the Department of Education, (ii) the State Board of Education shall provide suggestions to the Department of Education as to the long-range implications of the practices and policies, and (iii) the State Board of Education shall consult with the Department of Education on all matters related to education-related topics. Makes other changes. Certain provisions effective July 1, 2004; other provisions effective July 1, 2005.Senate Floor Amendment No. 4 Deletes reference to:20 ILCS 5/5-15was 20 ILCS 5/320 ILCS 5/5-20was 20 ILCS 5/420 ILCS 5/5-338 new30 ILCS 5/3-1from Ch. 15, par. 303-140 ILCS 5/16-106from Ch. 108 1/2, par. 16-10640 ILCS 5/16-163from Ch. 108 1/2, par. 16-16340 ILCS 5/16-164from Ch. 108 1/2, par. 16-164105 ILCS 5/Art. 1A heading105 ILCS 5/1A-0.01 newAdds reference to:30 ILCS 105/13.5105 ILCS 5/1A-1from Ch. 122, par. 1A-1105 ILCS 5/1A-2.1from Ch. 122, par. 1A-2.1105 ILCS 5/2-3.135 new105 ILCS 5/3-15.1from Ch. 122, par. 3-15.1105 ILCS 5/10-20.21from Ch. 122, par. 10-20.21105 ILCS 5/Art. 28A heading new105 ILCS 5/28A-5 new105 ILCS 5/28A-10 new105 ILCS 5/28A-15 new105 ILCS 5/28A-20 new30 ILCS 805/8.28 newDeletes everything. Creates the School Employee Benefit Act. Requires the Director of Central Management Services to make available a voluntary program of prescription drug benefits for school districts, by contract, self-insurance, or otherwise, and provides that the Department of Central Management Services is responsible for administering the program for school district employees, annuitants, and dependents on a non-insured basis, which a school district may elect to participate in. Amends the State Finance Act and the School Code. Requires State appropriations to the State Board of Education to identify the amounts appropriated for certain items. Terminates the terms of current members of the State Board on July 1, 2004, and provides for new members to be appointed by the Governor, with the advice and consent of the Senate. Provides that 5 of the 9 members shall serve until the second Wednesday of January, 2007, and the other 4 shall serve until the second Wednesday of January, 2009, with successors appointed for terms of 4 (instead of 6) years. Provides that a vacancy exists on the State Board when a member is removed at the discretion of the Governor for incompetence, neglect of duty, or malfeasance in office. Provides that a majority vote of appointed members (instead of a majority vote of the members appointed, confirmed, and serving) is required to approve any action. Provides that the State Superintendent of Education may be proposed by the Governor to the State Board for appointment. Provides that the State Superintendent's contract must not be for a term longer than 2 (instead of 3) years. Provides that the State Superintendent shall receive an annual salary as set the Compensation Review Board if that amount is greater than the amount set by the State Board. Allows the State Board, in cooperation with regional superintendents, to create shared service centers. Requires the State Board to create an education purchasing program in which the State Board designates itself or another entity to act as a State education purchasing entity to form and designate statewide education master contracts (which a school district must elect to participate in or not) and to certify other education purchasing contracts (which a school district must review and consider as a bid). Contains other provisions concerning the powers and duties of the State education purchasing entity, school district requirements, preferences, information being available in the annual financial statement, compliance, and rules. Amends the State Mandates Act to require implementation without reimbursement by the State. Contains a severability provision. Effective July 1, 2004, except that certain provisions concerning education purchasing take effect July 1, 2005.Senate Floor Amendment No. 5 Deletes reference to:105 ILCS 5/3-15.1Makes changes to the education purchasing provisions. Removes the provision requiring education purchasing information and certification of compliance to be included in a school district's financial statement. Adds State master contracts to the list of exceptions to the competitive bidding requirement. Removes provisions requiring a school district to elect whether or not to participate in a master contract. Allows (instead of requires) a school district to review and consider as a bid certified education purchasing contracts. Removes the preference provision. Removes the penalty provision. Removes the provision allowing the State Board or other State agency to adopt rules to administer and enforce the education purchasing program.House Amendment No. 1 Deletes reference to:105 ILCS 5/2-3.135 newAdds reference to:105 ILCS 5/1A-10 new105 ILCS 5/2-3.6from Ch. 122, par. 2-3.6105 ILCS 5/2-3.47a new105 ILCS 5/2-3.62a new105 ILCS 5/3-14.30 new105 ILCS 5/10-19from Ch. 122, par. 10-19105 ILCS 5/21-1bfrom Ch. 122, par. 21-1b105 ILCS 5/21-1cfrom Ch. 122, par. 21-1c105 ILCS 5/21-12from Ch. 122, par. 21-12105 ILCS 5/34-18from Ch. 122, par. 34-18Deletes everything after the enacting clause. Reinserts the contents of the bill as engrossed, with the following changes. Under the School Employee Benefit Act, provides that the prescription drug benefit program shall be maintained on an ongoing, affordable basis, and the cost to school districts shall not exceed the State's actual program costs. Also, makes changes concerning pharmacy providers. Makes changes to the provisions concerning the State Board of Education and State Superintendent of Education. Terminates the terms of certain members of the State Board of Education on the effective date of the amendatory Act and provides for new members to be appointed by the Governor, with the advice and consent of the Senate (including a chairperson). Provides that the Governor who takes office on the second Monday of January after his or her election shall be the person who nominates members to fill vacancies whose terms begin after that date and before the term of the next Governor begins. Allows the Governor to remove a member for incompetence, neglect of duty, or malfeasance. Provides that upon expiration or buyout of the contract of the State Superintendent in office on the effective date of the amendatory Act, a State Superintendent shall be appointed by a State Board that includes the new members who were appointed to fill seats of members whose terms were terminated on the effective date of the amendatory Act, and thereafter, a State Superintendent must, at a minimum, be appointed at the beginning of each term of a Governor after that Governor has made appointments to the State Board. Provides that a contract issued for the employment of a State Superintendent entered into on or after the effective date of the amendatory Act must expire no later than February 1, 2007, and subsequent contracts must expire no later than February 1 each 4 years thereafter (now, a contract may not be for a term longer than 3 years). Prohibits a contract from being extended or renewed beyond February 1, 2007 and February 1 each 4 years thereafter, but provides that the State Superintendent shall serve until his or her successor is appointed. Provides that each contract entered into on or before January 8, 2007, with a State Superintendent must provide that the State Board may terminate the contract for cause, and the State Board shall not thereafter be liable for further payments under the contract. Restores current law requiring the State Board to set the State Superintendent's compensation. Restores current law requiring a majority vote of the members appointed, confirmed, and serving to approve any action, except that the new Board members may vote to approve actions when appointed and serving. Provides that upon appointment of the new Board members, the Board shall review all of its current rules in an effort to streamline procedures, improve efficiency, and eliminate unnecessary forms and paperwork. Requires the State Board to create certain divisions within the State Board. Provides that rules of the State Board must be in accordance with the Illinois Administrative Procedure Act. Provides that the State Board may not adopt any rule or policy that alters the intent of the authorizing law or that supersedes federal or State law. Provides that the State Board may not make policies affecting school districts that have the effect of rules without following the procedures of the Illinois Administrative Procedure Act. Requires the State Board to develop and maintain a continuing 5-year strategic plan for elementary and secondary education, to be issued to the Governor and General Assembly. Lists topic areas that the plan must include. Removes the provision allowing the State Board to create shared service centers. Provides instead that the State Board is granted the power to provide certain regional services, either through a regional administrative technology center or otherwise. Requires a school district's calendar for the school term and any changes to be submitted to and approved by the regional superintendent of schools (the State Board of Education in Chicago) before the calendar or any changes may take effect. Gives the regional superintendent of schools the duty to assist and support school districts with the preparation and submission of grant applications and the duty to accept and review all transcripts for new initial certificate applications and ensure that each applicant has met all of the criteria established by the State Board of Education in consultation with the State Teacher Certification Board. Makes other changes. Effective immediately. 2/6/2004SenateFiled with Secretary by Sen. Vince Demuzio 2/6/2004SenateChief Co-Sponsor Sen. Bill Brady 2/6/2004SenateChief Co-Sponsor Sen. Carol Ronen 2/6/2004SenateChief Co-Sponsor Sen. Kirk W. Dillard 2/6/2004SenateChief Co-Sponsor Sen. Mattie Hunter 2/6/2004SenateFirst Reading 2/6/2004SenateReferred to Rules 2/6/2004SenateAdded as Co-Sponsor Sen. George P. Shadid 2/18/2004SenateAssigned to Education 2/24/2004SenatePursuant to Senate Rule 2-10, Deadlines Extended. 2/24/2004SenatePostponed - Education 2/26/2004SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Vince Demuzio 2/26/2004SenateSenate Committee Amendment No. 1 Referred to Rules 3/3/2004SenateAdded as Co-Sponsor Sen. Louis S. Viverito 3/3/2004SenateAdded as Co-Sponsor Sen. Martin A. Sandoval 3/30/2004SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Miguel del Valle 3/30/2004SenateSenate Committee Amendment No. 2 Referred to Rules 5/13/2004SenateChief Sponsor Changed to Sen. Miguel del Valle 5/13/2004SenateRe-referred to Rules 5/13/2004SenateApproved for Consideration Rules 5/13/2004SenatePlaced on Calendar Order of 2nd Reading May 17, 2004 5/13/2004SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Miguel del Valle; -Lightford 5/13/2004SenateSenate Floor Amendment No. 3 Referred to Rules 5/18/2004SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. Miguel del Valle 5/18/2004SenateSenate Floor Amendment No. 4 Referred to Rules 5/18/2004SenateSenate Floor Amendment No. 4 Rules Refers to Education 5/18/2004SenateSenate Floor Amendment No. 4 Be Adopted Education; 006-005-000 5/18/2004SenateSponsor Removed Sen. Bill Brady 5/19/2004SenateSecond Reading 5/19/2004SenateSenate Floor Amendment No. 4 Adopted; del Valle 5/19/2004SenatePlaced on Calendar Order of 3rd Reading May 20, 2004 5/19/2004SenateSponsor Removed Sen. George P. Shadid 5/19/2004SenateSenate Floor Amendment No. 5 Filed with Secretary by Sen. Miguel del Valle 5/19/2004SenateSenate Floor Amendment No. 5 Referred to Rules 5/20/2004SenateSenate Floor Amendment No. 5 Rules Refers to Education 5/20/2004SenateSenate Floor Amendment No. 5 Be Adopted Education; 007-000-004 5/20/2004SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins 5/20/2004SenateAdded as Co-Sponsor Sen. Iris Y. Martinez 5/20/2004SenateRecalled to Second Reading 5/20/2004SenateSenate Floor Amendment No. 5 Adopted; del Valle 5/20/2004SenatePlaced on Calendar Order of 3rd Reading 5/20/2004SenateThird Reading - Passed; 032-027-000 5/20/2004SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a) 5/20/2004SenateSenate Committee Amendment No. 2 Tabled Pursuant to Rule 5-4(a) 5/20/2004SenateSenate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a) 5/21/2004HouseArrived in House 5/21/2004HousePlaced on Calendar Order of First Reading 5/21/2004HouseChief House Sponsor Rep. Michael J. Madigan 5/24/2004HouseFirst Reading 5/24/2004HouseReferred to Rules Committee 5/25/2004HouseAssigned to Elementary and Secondary Education Committee 5/26/2004SenateAdded as Co-Sponsor Sen. Donne E. Trotter 5/28/2004HouseAdded Alternate Chief Co-Sponsor Rep. Calvin L. Giles 5/28/2004HouseAdded Alternate Chief Co-Sponsor Rep. Renee Kosel 5/28/2004HouseAdded Alternate Chief Co-Sponsor Rep. Jerry L. Mitchell 5/28/2004HouseAdded Alternate Chief Co-Sponsor Rep. Roger L. Eddy 5/28/2004HouseMotion to Suspend Rule 25 - Prevailed 5/28/2004HouseHouse Amendment No. 1 Filed with Clerk by Elementary and Secondary Education Committee 5/28/2004HouseHouse Amendment No. 1 Adopted in Elementary and Secondary Education Committee; by Voice Vote 5/28/2004HouseDo Pass as Amended / Short Debate Elementary and Secondary Education Committee; 018-000-000 5/28/2004HousePlaced on Calendar 2nd Reading - Short Debate 5/28/2004HouseSecond Reading - Short Debate 5/28/2004HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/28/2004HouseAlternate Chief Sponsor Changed to Rep. Calvin L. Giles 5/28/2004HouseSponsor Removed Rep. Calvin L. Giles 5/28/2004HouseAdded Alternate Chief Co-Sponsor Rep. Monique D. Davis 5/28/2004HouseAlternate Chief Co-Sponsor Changed to Rep. Renee Kosel 5/28/2004HouseAlternate Chief Co-Sponsor Changed to Rep. Jerry L. Mitchell 5/28/2004HouseAlternate Chief Co-Sponsor Changed to Rep. Roger L. Eddy 5/28/2004HouseAdded Alternate Co-Sponsor Rep. David E. Miller 5/28/2004HouseAdded Alternate Co-Sponsor Rep. Annazette Collins 5/28/2004HouseAdded Alternate Co-Sponsor Rep. Eddie Washington 5/28/2004HouseAdded Alternate Co-Sponsor Rep. Mary E. Flowers 5/30/2004HouseAdded Alternate Co-Sponsor Rep. Kathleen A. Ryg 5/30/2004HouseAdded Alternate Co-Sponsor Rep. Karen May 5/30/2004HouseAdded Alternate Co-Sponsor Rep. Jay C. Hoffman 5/30/2004HouseAdded Alternate Co-Sponsor Rep. Michael K. Smith 5/31/2004HouseAdded Alternate Co-Sponsor Rep. Robin Kelly 5/31/2004HouseAdded Alternate Co-Sponsor Rep. Deborah L. Graham 5/31/2004HouseAdded Alternate Co-Sponsor Rep. Wyvetter H. Younge 5/31/2004HouseAdded Alternate Co-Sponsor Rep. Karen A. Yarbrough 5/31/2004HouseAdded Alternate Co-Sponsor Rep. William Davis 5/31/2004HouseThird Reading - Short Debate - Passed 116-001-000 5/31/2004SenateSecretary's Desk - Concurrence House Amendment(s) 01 5/31/2004SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01-June 1, 2004 5/31/2004SenateHouse Amendment No. 1 Motion to Concur Filed with Secretary Sen. Miguel del Valle 5/31/2004SenateHouse Amendment No. 1 Motion to Concur Referred to Rules 5/31/2004SenateHouse Amendment No. 1 Motion to Concur Rules Referred to Education 5/31/2004SenateHouse Amendment No. 1 Motion to Concur Be Approved for Consideration Education; 009-000-000 5/31/2004SenateAdded as Co-Sponsor Sen. Kimberly A. Lightford 7/9/2004HouseAdded Alternate Co-Sponsor Rep. Sandra M. Pihos 7/23/2004Senate3/5 Vote Required 7/23/2004SenateHouse Amendment No. 1 Senate Concurs 051-001-000 7/23/2004SenatePassed Both Houses 8/20/2004SenateSent to the Governor 9/14/2004SenateGovernor Approved 9/14/2004SenateEffective Date September 14, 2004 9/14/2004SenatePublic Act . . . . . . . . . 93-1036