SB3000 93RD GENERAL ASSEMBLY

LRB093 19896 NHT 47057 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB3000

Introduced 2/6/2004, by Vince Demuzio - Bill Brady - Carol Ronen - Kirk W. Dillard - Mattie Hunter, et al.

SYNOPSIS AS INTRODUCED:

New Act
20 ILCS 5/5-15	was 20 ILCS 5/3
20 ILCS 5/5-20	was 20 ILCS 5/4
20 ILCS 5/5-338 new
30 ILCS 5/3-1	from Ch. 15, par. 303-1
40 ILCS 5/16-106	from Ch. 108 1/2, par. 16-106
40 ILCS 5/16-163	from Ch. 108 1/2, par. 16-163
40 ILCS 5/16-164	from Ch. 108 1/2, par. 16-164
105 ILCS 5/Art. 1A heading
105 ILCS 5/1A-0.01 new
105 ILCS 5/1A-4	from Ch. 122, par. 1A-4

Creates 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.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

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

Section 1. Short title. This Act may be cited as the Department of Education Act.

Section 5. Department defined. In this Act "Department" means the Department of Education.

Section 10. General powers and duties.

(a) The Department shall begin operation on July 1, 2005. The Department shall exercise the rights, powers, duties, and functions provided by law, including without limitation the rights, powers, duties, and functions transferred to the Department under Section 15 of this Act.

(b) The Department may provide facilities, contract for goods and services, and adopt rules as necessary to carry out its functions and purposes, all in accordance with applicable law.

(c) The Department, from appropriations specifically for these purposes, shall pay the expenses, including any salaries, of the State Board of Education and the State Superintendent of Education and provide office space, supplies, and any necessary staff assistance to the State Board of Education and the State Superintendent of Education.

Section 15. Transfer of powers. Except as otherwise provided in subsection (b) of Section 2 of Article X of the Constitution of the State of Illinois and subsection B of Section 1A-4 of the School Code, all of the rights, powers, duties, and functions vested by law in the State Board of Education or the State Superintendent of Education or in any office, council, committee, division, or bureau of the State Board of Education or the State Superintendent of Education are transferred to the Department on July 1, 2005.

Section 20. Transfer of personnel.

(a) Personnel employed by the State Board of Education or the State Superintendent of Education on June 30, 2005 are transferred to the Department on July 1, 2005.

(b) The Department shall continue in effect all collective bargaining agreements in existence on June 30, 2005 between the State Board of Education and labor organizations representing personnel of the State Board of Education, and the Department shall continue to recognize these labor organizations as the exclusive bargaining representatives for the personnel, pursuant to the Illinois Educational Labor Relations Act. Under Section 1A-0.01 of the School Code, the transition team designated by the Governor must conduct negotiations with these bargaining representatives for collective bargaining agreements between the bargaining representatives and the Department of Education, to be effective beginning on July 1, 2005.

(c) The rights of State employees, the State, and its agencies under the Personnel Code and applicable collective bargaining agreements and retirement plans (except as otherwise provided in Article 16 of the Illinois Pension Code) are not affected by this Act.

Section 25. Transfer of property. All books, records, documents, property (real and personal), unexpended appropriations, including both obligated and unobligated appropriations, and pending business pertaining to the rights, powers, duties, and functions transferred to the Department under this Act shall be transferred and delivered to the Department on July 1, 2005, unless otherwise directed by the Governor. The Department is the successor agency of the State Board of Education and the State Superintendent of Education for purposes of Section 9b of the State Finance Act and the Successor Agency Act.

Section 30. Rules, standards, and procedures.

(a) The rules, standards, and procedures of the State Board of Education or the State Superintendent of Education that are in effect on June 30, 2005 and pertain to the rights, powers, duties, and functions transferred to the Department under this Act shall become the rules, standards, and procedures of the Department on July 1, 2005 and shall continue in effect until amended or repealed by the Department.

(b) Any rules pertaining to the rights, powers, duties, and functions transferred to the Department under this Act that have been proposed by the State Board of Education or the State Superintendent of Education but have not taken effect or been finally adopted before July 1, 2005 shall become proposed rules of the Department on July 1, 2005, and any rulemaking procedures that have already been completed by the State Board of Education or the State Superintendent of Education for those proposed rules need not be repeated.

Section 35. Savings provisions.

(a) The rights, powers, duties, and functions transferred to the Department by this Act shall be vested in and exercised by the Department subject to the provisions of this Act. An act done by the Department or an officer, employee, or agent of the Department in the exercise of the transferred rights, powers, duties, or functions shall have the same legal effect as if done by the State Board of Education or an officer, employee, or agent of the State Board of Education.

(b) The transfer of rights, powers, duties, and functions to the Department under this Act does not invalidate any previous actions taken by or in respect to the State Board of Education or its officers, employees, or agents. Except as otherwise provided in Section 1A-0.01 of the School Code, on July 1, 2005, references to the State Board of Education or its officers, employees, or agents in any document, contract, agreement, or law (other than this Act and Section 16-106 of the Illinois Pension Code) shall, in appropriate contexts, be deemed to refer to the Department or its officers, employees, or agents.

(c) The transfer of rights, powers, duties, and functions to the Department under this Act does not affect any person's rights, obligations, or duties, including any civil or criminal penalties applicable thereto, arising out of those transferred rights, powers, duties, and functions.

Section 40. Financial audit of State Board of Education. The Auditor General must conduct a financial audit of the State Board of Education for the time frame from the last audit period to July 1, 2005.

Section 80. The Civil Administrative Code of Illinois is amended by changing Sections 5-15 and 5-20 and adding Section 5-338 as follows:

(20 ILCS 5/5-15) (was 20 ILCS 5/3)

Sec. 5-15. Departments of State government. The Departments of State government are created as follows:

The Department on Aging.

The Department of Agriculture.

The Department of Central Management Services.

The Department of Children and Family Services.

The Department of Commerce and Economic Opportunity.

The Department of Corrections.

The Department of Education.

The Department of Employment Security.

The Department of Financial Institutions.

The Department of Human Rights.

The Department of Human Services.

The Department of Insurance.

The Department of Labor.

The Department of the Lottery.

The Department of Natural Resources.

The Department of Nuclear Safety.

The Department of Professional Regulation.

The Department of Public Aid.

The Department of Public Health.

The Department of Revenue.

The Department of State Police.

The Department of Transportation.

The Department of Veterans' Affairs.

(Source: P.A. 93-25, eff. 6-20-03.)

(20 ILCS 5/5-20) (was 20 ILCS 5/4)

Sec. 5-20. Heads of departments. Each department shall have an officer as its head who shall be known as director or secretary and who shall, subject to the provisions of the Civil Administrative Code of Illinois, execute the powers and discharge the duties vested by law in his or her respective department.

The following officers are hereby created:

Director of Aging, for the Department on Aging.

Director of Agriculture, for the Department of Agriculture.

Director of Central Management Services, for the Department of Central Management Services.

Director of Children and Family Services, for the Department of Children and Family Services.

Director of Commerce and Economic Opportunity, for the Department of Commerce and Economic Opportunity.

Director of Corrections, for the Department of Corrections.

Secretary of Education, for the Department of Education.

Director of Employment Security, for the Department of Employment Security.

Director of Financial Institutions, for the Department of Financial Institutions.

Director of Human Rights, for the Department of Human Rights.

Secretary of Human Services, for the Department of Human Services.

Director of Insurance, for the Department of Insurance.

Director of Labor, for the Department of Labor.

Director of the Lottery, for the Department of the Lottery.

Director of Natural Resources, for the Department of Natural Resources.

Director of Nuclear Safety, for the Department of Nuclear Safety.

Director of Professional Regulation, for the Department of Professional Regulation.

Director of Public Aid, for the Department of Public Aid.

Director of Public Health, for the Department of Public Health.

Director of Revenue, for the Department of Revenue.

Director of State Police, for the Department of State Police.

Secretary of Transportation, for the Department of Transportation.

Director of Veterans' Affairs, for the Department of Veterans' Affairs.

(Source: P.A. 93-25, eff. 6-20-03.)

(20 ILCS 5/5-338 new)

Sec. 5-338. In the Department of Education. The Secretary of Education shall receive an annual salary as set by the Governor from time to time or as set by the Compensation Review Board, whichever is greater.

Section 85. The Illinois State Auditing Act is amended by changing Section 3-1 as follows:

(30 ILCS 5/3-1) (from Ch. 15, par. 303-1)

Sec. 3-1. Jurisdiction of Auditor General. The Auditor General has jurisdiction over all State agencies to make post audits and investigations authorized by or under this Act or the Constitution.

The Auditor General has jurisdiction over local government agencies and private agencies only:

(a) to make such post audits authorized by or under this Act as are necessary and incidental to a post audit of a State agency or of a program administered by a State agency involving public funds of the State, but this jurisdiction does not include any authority to review local governmental agencies in the obligation, receipt, expenditure or use of public funds of the State that are granted without limitation or condition imposed by law, other than the general limitation that such funds be used for public purposes;

(b) to make investigations authorized by or under this Act or the Constitution; and

(c) to make audits of the records of local government agencies to verify actual costs of state-mandated programs when directed to do so by the Legislative Audit Commission at the request of the State Board of Appeals under the State Mandates Act.

In addition to the foregoing, the Auditor General may conduct an audit of the Metropolitan Pier and Exposition Authority, the Regional Transportation Authority, the Suburban Bus Division, the Commuter Rail Division and the Chicago Transit Authority and any other subsidized carrier when authorized by the Legislative Audit Commission. Such audit may be a financial, management or program audit, or any combination thereof.

The audit shall determine whether they are operating in accordance with all applicable laws and regulations. Subject to the limitations of this Act, the Legislative Audit Commission may by resolution specify additional determinations to be included in the scope of the audit.

In addition to the foregoing, the Auditor General must also conduct a financial audit of the Illinois Sports Facilities Authority's expenditures of public funds in connection with the reconstruction, renovation, remodeling, extension, or improvement of all or substantially all of any existing "facility", as that term is defined in the Illinois Sports Facilities Authority Act.

The Auditor General may also conduct an audit, when authorized by the Legislative Audit Commission, of any hospital which receives 10% or more of its gross revenues from payments from the State of Illinois, Department of Public Aid, Medical Assistance Program.

The Auditor General is authorized to conduct financial and compliance audits of the Illinois Distance Learning Foundation and the Illinois Conservation Foundation.

As soon as practical after the effective date of this amendatory Act of 1995, the Auditor General shall conduct a compliance and management audit of the City of Chicago and any other entity with regard to the operation of Chicago O'Hare International Airport, Chicago Midway Airport and Merrill C. Meigs Field. The audit shall include, but not be limited to, an examination of revenues, expenses, and transfers of funds; purchasing and contracting policies and practices; staffing levels; and hiring practices and procedures. When completed, the audit required by this paragraph shall be distributed in accordance with Section 3-14.

The Auditor General shall conduct a financial and compliance and program audit of distributions from the Municipal Economic Development Fund during the immediately preceding calendar year pursuant to Section 8-403.1 of the Public Utilities Act at no cost to the city, village, or incorporated town that received the distributions.

The Auditor General must conduct an audit of the Health Facilities Planning Board pursuant to Section 19.5 of the Illinois Health Facilities Planning Act.

The Auditor General of the State of Illinois shall annually conduct or cause to be conducted a financial and compliance audit of the books and records of any county water commission organized pursuant to the Water Commission Act of 1985 and shall file a copy of the report of that audit with the Governor and the Legislative Audit Commission. The filed audit shall be open to the public for inspection. The cost of the audit shall be charged to the county water commission in accordance with Section 6z-27 of the State Finance Act. The county water commission shall make available to the Auditor General its books and records and any other documentation, whether in the possession of its trustees or other parties, necessary to conduct the audit required. These audit requirements apply only through July 1, 2007.

The Auditor General must conduct audits of the Rend Lake Conservancy District as provided in Section 25.5 of the River Conservancy Districts Act.

The Auditor General must conduct a financial audit in accordance with Section 40 of the Department of Education Act.

(Source: P.A. 93-226, eff. 7-22-03; 93-259, eff. 7-22-03; 93-275, eff. 7-22-03; revised 8-25-03.)

Section 90. The Illinois Pension Code is amended by changing Sections 16-106, 16-163, and 16-164 as follows:

(40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)

Sec. 16-106. Teacher. "Teacher": The following individuals, provided that, for employment prior to July 1, 1990, they are employed on a full-time basis, or if not full-time, on a permanent and continuous basis in a position in which services are expected to be rendered for at least one school term:

(1) Any educational, administrative, professional or other staff employed in the public common schools included within this system in a position requiring certification under the law governing the certification of teachers;

(2) Any educational, administrative, professional or other staff employed in any facility of the Department of Children and Family Services or the Department of Human Services, in a position requiring certification under the law governing the certification of teachers, and any person who (i) works in such a position for the Department of Corrections, (ii) was a member of this System on May 31, 1987, and (iii) did not elect to become a member of the State Employees' Retirement System pursuant to Section 14-108.2 of this Code; except that "teacher" does not include any person who (A) becomes a security employee of the Department of Human Services, as defined in Section 14-110, after June 28, 2001 (the effective date of Public Act 92-14), or (B) becomes a member of the State Employees' Retirement System pursuant to Section 14-108.2c of this Code;

(3) Any regional superintendent of schools; any , assistant regional superintendent of schools; the , State Superintendent of Education in office on June 30, 2005 or who is appointed by the State Board of Education on or after July 1, 2005; the Secretary of Education; any person employed by the State Board of Education as an executive on June 30, 2005 or who is transferred to the Department of Education as an executive on or after July 1, 2005; any person employed by the Department of Education as an executive on or after July 1, 2005; any executive of the boards engaged in the service of public common school education in school districts covered under this system of which the State Superintendent of Education (or Secretary of Education beginning on July 1, 2005) is an ex-officio member if the executive is in office on or after June 30, 2005;

(4) Any employee of a school board association operating in compliance with Article 23 of the School Code who is certificated under the law governing the certification of teachers;

(5) Any person employed by the retirement system who:

(i) was an employee of and a participant in the system on August 17, 2001 (the effective date of Public Act 92-416), or

(ii) becomes an employee of the system on or after August 17, 2001;

(6) Any educational, administrative, professional or other staff employed by and under the supervision and control of a regional superintendent of schools, provided such employment position requires the person to be certificated under the law governing the certification of teachers and is in an educational program serving 2 or more districts in accordance with a joint agreement authorized by the School Code or by federal legislation;

(7) Any educational, administrative, professional or other staff employed in an educational program serving 2 or more school districts in accordance with a joint agreement authorized by the School Code or by federal legislation and in a position requiring certification under the laws governing the certification of teachers;

(8) Any officer or employee of a statewide teacher organization or officer of a national teacher organization who is certified under the law governing certification of teachers, provided: (i) the individual had previously established creditable service under this Article, (ii) the individual files with the system an irrevocable election to become a member, and (iii) the individual does not receive credit for such service under any other Article of this Code;

(9) Any educational, administrative, professional, or other staff employed in a charter school operating in compliance with the Charter Schools Law who is certificated under the law governing the certification of teachers.

An annuitant receiving a retirement annuity under this Article or under Article 17 of this Code who is employed by a board of education or other employer as permitted under Section 16-118 or 16-150.1 is not a "teacher" for purposes of this Article. A person who has received a single-sum retirement benefit under Section 16-136.4 of this Article is not a "teacher" for purposes of this Article.

(Source: P.A. 92-14, eff. 6-28-01; 92-416, eff. 8-17-01; 92-651, eff. 7-11-02; 93-320, eff. 7-23-03.)

(40 ILCS 5/16-163) (from Ch. 108 1/2, par. 16-163)

Sec. 16-163. Board created. A board of 11 members constitutes a board of trustees authorized to carry out the provisions of this Article and is responsible for the general administration of the System. The board is known as the Board of Trustees of the Teachers' Retirement System of the State of Illinois. The board is composed of the Superintendent of Education, ex officio, who shall be the president of the board; 5 4 persons, not members of the System, to be appointed by the Governor (with one designated by the Governor to be president of the board), who shall hold no elected State office; 4 teachers, as defined in Section 16-106, elected by the contributing members; and 2 annuitant members elected by the annuitants of the System, as provided in Section 16-165.

(Source: P.A. 90-511, eff. 8-22-97; 91-941, eff. 2-6-01.)

(40 ILCS 5/16-164) (from Ch. 108 1/2, par. 16-164)

Sec. 16-164. Board - appointed members - vacancies. Terms of office for 4 of the appointed members shall begin on July 15 of an even-numbered year. The Governor shall appoint 2 of these 4 members as trustees in each even-numbered year who shall hold office for a term of 4 years. The term of office for the 5th appointed member shall begin on July 1 of an odd-numbered year, and he or she shall hold office for a term of 4 years. Each such appointee shall reside in and be a taxpayer in the territory covered by this system, shall be interested in public school welfare, and experienced and competent in financial and business management. A vacancy in the term of an appointed trustee shall be filled for the unexpired term by appointment of the Governor.

(Source: P.A. 83-1440.)

Section 95. The School Code is amended by changing the heading of Article 1A, by adding Section 1A-0.01, and by changing Section 1A-4 as follows:

(105 ILCS 5/Art. 1A heading)

ARTICLE 1A. DEPARTMENT OF EDUCATION AND STATE BOARD OF

EDUCATION

(105 ILCS 5/1A-0.01 new)

Sec. 1A-0.01. Transition team; references to former State Board of Education and State Superintendent of Education.

(a) A transition team designated by the Governor must commence negotiations on or before May 1, 2005 with the exclusive bargaining representatives for personnel of the State Board of Education for collective bargaining agreements between the bargaining representatives and the Department of Education, to be effective beginning on July 1, 2005. The negotiations shall be conducted in accordance with the provisions of the Illinois Educational Labor Relations Act.

(b) Beginning on July 1, 2004 and until the transition from the State Board of Education to the Department of Education is completed, the State Board of Education and the chief education officer must consult with the transition team regarding and make available to the transition team all proposed federal and State grant expenditures, rules, proposals, all employee hires, transfers, or dismissals, bargaining unit contract changes, budget recommendations, policy or program changes, agency operation changes, chief education officer contract changes, State Board of Education meeting agendas and schedules, and documents for public distribution.

(c) Except for references in this Section and Sections 1A-1, 1A-2, 1A-2.1, and 1A-4, beginning on July 1, 2005, references in this Code to the State Board of Education or State Superintendent of Education shall, in appropriate contexts, be deemed to refer to the Department of Education.

(105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)

Sec. 1A-4. Powers and duties of the Board and Department.

A. Upon the appointment of new State Board of Education Board members as provided in subsection (b) of Section 1A-1 and every 2 years thereafter, the chairperson of the Board shall be selected by the Governor, with the advice and consent of the Senate, from the membership of the Board to serve as chairperson for 2 years.

Five members of the State Board of Education shall constitute a quorum. A majority vote of the members appointed, confirmed, and serving on the Board is required to approve any action.

B. The State Board of Education Board shall determine the qualifications of and appoint a chief education officer to be known as the State Superintendent of Education who shall serve at the pleasure of the Board and pursuant to a performance-based contract linked to statewide student performance and academic improvement within Illinois schools. No performance-based contract issued for the employment of the State Superintendent of Education shall be for a term longer than 3 years and no contract shall be extended or renewed prior to its scheduled expiration unless the performance and improvement goals contained in the contract have been met. The State Superintendent of Education shall not serve as a member of the State Board of Education, but . The Board shall set the compensation of the State Superintendent of Education who shall serve as the Board's chief executive officer. The State Superintendent of Education shall receive an annual salary as set by the Governor from time to time or as set by the Compensation Review Board, whichever is greater. The Board shall also establish the duties, powers and responsibilities of the State Superintendent, which shall be included in the State Superintendent's performance-based contract along with the goals and indicators of student performance and academic improvement used to measure the performance and effectiveness of the State Superintendent. The State Board of Education may delegate to the State Superintendent of Education the authority to act on the Board's behalf, provided such delegation is made pursuant to adopted board policy or the powers delegated are ministerial in nature. The State Board may not delegate authority under this Section to the State Superintendent to (1) nonrecognize school districts, (2) withhold State payments as a penalty, or (3) make final decisions under the contested case provisions of the Illinois Administrative Procedure Act unless otherwise provided by law.

The State Board of Education's powers and duties are limited by law, as provided in Section 2 of Article X of the Illinois Constitution, to only the following:

(1) The State Board of Education shall research current educational best practices and policies and shall report its findings to the Department of Education.

(2) The State Board of Education shall provide suggestions to the Department of Education as to the long-range implications of the practices and policies.

(3) The State Board of Education shall consult with the Department of Education on all matters related to education-related topics.

C. The powers and duties of the Department State Board of Education shall encompass all duties delegated to the Office of Superintendent of Public Instruction on January 12, 1975, except as the law providing for such powers and duties is thereafter amended, and such other powers and duties as the General Assembly shall designate. The Department Board shall be responsible for the educational policies and guidelines for public schools, pre-school through grade 12 and Vocational Education in the State of Illinois. The Department Board shall analyze the present and future aims, needs, and requirements of education in the State of Illinois and recommend to the General Assembly the powers which should be exercised by the Department Board. The Department Board shall recommend the passage and the legislation necessary to determine the appropriate relationship between the Department Board and local boards of education and the various State agencies and shall recommend desirable modifications in the laws which affect schools.

D. Two employees members of the Department of Education Board shall be appointed by the Secretary of Education chairperson to serve on a standing joint Education Committee, 2 others shall be appointed from the Board of Higher Education, 2 others shall be appointed by the chairperson of the Illinois Community College Board, and 2 others shall be appointed by the chairperson of the Human Resource Investment Council. The Committee shall be responsible for making recommendations concerning the submission of any workforce development plan or workforce training program required by federal law or under any block grant authority. The Committee will be responsible for developing policy on matters of mutual concern to elementary, secondary and higher education such as Occupational and Career Education, Teacher Preparation and Certification, Educational Finance, Articulation between Elementary, Secondary and Higher Education and Research and Planning. The joint Education Committee shall meet at least quarterly and submit an annual report of its findings, conclusions, and recommendations to the Department State Board of Education, the Board of Higher Education, the Illinois Community College Board, the Human Resource Investment Council, the Governor, and the General Assembly. All meetings of this Committee shall be official meetings for reimbursement under this Act.

E. Five members of the Board shall constitute a quorum. A majority vote of the members appointed, confirmed and serving on the Board is required to approve any action. The Department of Education shall prepare and submit to the General Assembly and the Governor on or before January 14, 2006 an interim report on the status of the transition from the State Board of Education to the Department of Education. The Department of Education Board shall prepare and submit to the General Assembly and the Governor on or before January 14, 2007 1976 and annually thereafter a report or reports of its findings and recommendations. Such annual report shall contain a separate section which provides a critique and analysis of the status of education in Illinois and which identifies its specific problems and recommends express solutions therefor. Such annual report also shall contain the following information for the preceding year ending on June 30: each act or omission of a school district of which the Department State Board of Education has knowledge as a consequence of scheduled, approved visits and which constituted a failure by the district to comply with applicable State or federal laws or regulations relating to public education, the name of such district, the date or dates on which the Department State Board of Education notified the school district of such act or omission, and what action, if any, the school district took with respect thereto after being notified thereof by the Department State Board of Education. The report shall also include the statewide high school dropout rate by grade level, sex and race and the annual student dropout rate of and the number of students who graduate from, transfer from or otherwise leave bilingual programs. The Auditor General shall annually perform a compliance audit of the Department State Board of Education's performance of the reporting duty imposed by this amendatory Act of 1986. A regular system of communication with other directly related State agencies shall be implemented.

The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report with the Speaker, the Minority Leader and the Clerk of the House of Representatives and the President, the Minority Leader and the Secretary of the Senate and the Legislative Council, as required by Section 3.1 of the General Assembly Organization Act, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.

(Source: P.A. 89-430, eff. 12-15-95; 89-610, eff. 8-6-96; 89-698, eff. 1-14-97; 90-548, eff. 1-1-98.)

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Section and the provisions adding Section 1A-0.01 of the School Code take effect on July 1, 2004. The rest of this Act takes effect on July 1, 2005.