Full Text of HB1030 95th General Assembly
HB1030 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1030
Introduced 2/8/2007, by Rep. Sandra M. Pihos - Ruth Munson - Elizabeth Coulson SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/1A-4 |
from Ch. 122, par. 1A-4 |
105 ILCS 5/17-1 |
from Ch. 122, par. 17-1 |
105 ILCS 5/34-43 |
from Ch. 122, par. 34-43 |
30 ILCS 805/8.31 new |
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Amends the School Code. Provides that the State Board of Education's annual report to the General Assembly and Governor shall include the total expenditures made by school districts on special education services, including a breakdown of State and federally reimbursed expenditures and non-reimbursed expenditures as reported by school districts. Provides that a board of education shall file as an attachment to its annual budget a report that contains the total amount spent on special education services, including the expenditures reimbursed by the State and the expenditures not reimbursed by the State. Requires this report to be filed with the State Board. Amends the State Mandates Act to require implementation without reimbursement.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB1030 |
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LRB095 05125 NHT 27399 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Sections | 5 |
| 1A-4, 17-1, and 34-43 as follows:
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| (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
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| Sec. 1A-4. Powers and duties of the Board.
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| A. (Blank).
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| B. The Board shall determine the qualifications of and | 10 |
| appoint a
chief education officer, to be known as the State | 11 |
| Superintendent of
Education, who may be proposed by the | 12 |
| Governor and who shall serve at the pleasure of the Board and | 13 |
| pursuant to a
performance-based contract linked to statewide | 14 |
| student performance and academic
improvement within Illinois | 15 |
| schools. Upon expiration or buyout of the contract of the State | 16 |
| Superintendent of Education in office on the effective date of | 17 |
| this amendatory Act of the 93rd General Assembly, a State | 18 |
| Superintendent of Education shall be appointed by a State Board | 19 |
| of Education that includes the 7 new Board members who were | 20 |
| appointed to fill seats of members whose terms were terminated | 21 |
| on the effective date of this amendatory Act of the 93rd | 22 |
| General Assembly. Thereafter, a State Superintendent of | 23 |
| Education must, at a minimum, be appointed at the beginning of |
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| each term of a Governor after that Governor has made | 2 |
| appointments to the Board. A performance-based
contract issued | 3 |
| for the employment of a State Superintendent of
Education | 4 |
| entered into on or after the effective date of this amendatory | 5 |
| Act of the 93rd General Assembly must expire no later than | 6 |
| February 1, 2007, and subsequent contracts must expire no later | 7 |
| than February 1 each 4 years thereafter. No contract
shall be
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| extended or renewed beyond February 1, 2007 and February 1 each | 9 |
| 4 years thereafter, but a State Superintendent of Education | 10 |
| shall serve until his or her successor is appointed. Each | 11 |
| contract entered into on or before January 8, 2007 with a State | 12 |
| Superintendent of Education must provide that the State Board | 13 |
| of Education may terminate the contract for cause, and the | 14 |
| State Board of Education shall not thereafter be liable for | 15 |
| further payments under the contract. With regard to this | 16 |
| amendatory Act of the 93rd General Assembly, it is the intent | 17 |
| of the General Assembly that, beginning with the Governor who | 18 |
| takes office on the second Monday of January, 2007, a State | 19 |
| Superintendent of Education be appointed at the beginning of | 20 |
| each term of a Governor after that Governor has made | 21 |
| appointments to the Board. The State
Superintendent of | 22 |
| Education shall not serve as a member of the State
Board of | 23 |
| Education. The Board shall set the compensation of the State
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| Superintendent of Education who shall serve as the Board's | 25 |
| chief
executive officer. The Board shall also establish the | 26 |
| duties, powers and
responsibilities of the State |
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| Superintendent, which shall be included in the
State | 2 |
| Superintendent's performance-based contract along with the | 3 |
| goals and
indicators of student performance and academic | 4 |
| improvement used to measure the
performance and effectiveness | 5 |
| of the State Superintendent.
The State Board of Education may | 6 |
| delegate
to the State Superintendent of Education the authority | 7 |
| to act on the Board's
behalf, provided such delegation is made | 8 |
| pursuant to adopted board policy
or the powers delegated are | 9 |
| ministerial in nature. The State Board may
not delegate | 10 |
| authority under this Section to the State Superintendent to
(1) | 11 |
| nonrecognize school districts, (2) withhold State payments as a | 12 |
| penalty,
or (3) make final decisions under the contested case | 13 |
| provisions of the Illinois
Administrative Procedure Act unless | 14 |
| otherwise provided by law.
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| C. The powers and duties of the State Board of Education | 16 |
| shall encompass all
duties delegated to the Office of | 17 |
| Superintendent of Public Instruction on
January 12, 1975, | 18 |
| except as the law providing for such powers and duties is
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| thereafter amended, and such other powers and duties as the | 20 |
| General Assembly
shall designate. The Board shall be | 21 |
| responsible for the educational policies
and guidelines for | 22 |
| public schools, pre-school through grade
12 and Vocational | 23 |
| Education in the State of Illinois. The Board shall
analyze the | 24 |
| present and future aims, needs, and requirements of
education | 25 |
| in the State of Illinois and recommend to the General Assembly
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| the powers which should be exercised by the Board. The Board |
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| shall
recommend the passage and the legislation necessary to | 2 |
| determine the
appropriate relationship between the Board and | 3 |
| local boards of education
and the various State agencies and | 4 |
| shall recommend desirable
modifications in the laws which | 5 |
| affect schools.
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| D. Two members of the Board shall be appointed by the | 7 |
| chairperson
to serve on a standing joint Education Committee, 2 | 8 |
| others shall be
appointed from the Board of Higher Education, 2
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| others shall be appointed by the chairperson of the
Illinois | 10 |
| Community College Board, and 2 others shall be appointed by the
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| chairperson of the Human Resource Investment Council. The
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| Committee shall be
responsible for making recommendations | 13 |
| concerning the submission of any
workforce development plan or | 14 |
| workforce training program required by federal
law or under any | 15 |
| block grant authority. The Committee will be
responsible for | 16 |
| developing policy on matters of mutual concern to
elementary, | 17 |
| secondary and higher education such as Occupational and
Career | 18 |
| Education, Teacher Preparation and Certification, Educational
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| Finance, Articulation between Elementary, Secondary and Higher | 20 |
| Education
and Research and Planning. The joint Education | 21 |
| Committee shall meet at
least quarterly and submit an annual | 22 |
| report of its findings,
conclusions, and recommendations to the | 23 |
| State Board of Education, the Board of
Higher Education, the | 24 |
| Illinois Community College Board,
the Human Resource | 25 |
| Investment Council, the Governor, and the
General
Assembly. All | 26 |
| meetings of this Committee shall be official meetings for
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| reimbursement under this Act.
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| E. Five members of the Board shall constitute a quorum. A
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| majority
vote of the members appointed, confirmed and serving | 4 |
| on the Board is
required to approve any action, except that the | 5 |
| 7 new Board members who were appointed to fill seats of members | 6 |
| whose terms were terminated on the effective date of this | 7 |
| amendatory act of the 93rd General Assembly may vote to approve | 8 |
| actions when appointed and serving.
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| The Board shall prepare and submit to the General Assembly | 10 |
| and the
Governor on or before January 14, 1976 and annually | 11 |
| thereafter a report
or reports of its findings and | 12 |
| recommendations. Such annual report shall
contain a separate | 13 |
| section which provides a critique and analysis of the
status of | 14 |
| education in Illinois and which identifies its specific | 15 |
| problems
and recommends express solutions therefor.
Such | 16 |
| annual report also shall contain the following information for | 17 |
| the
preceding year ending on June 30: each act or omission of a | 18 |
| school district
of which the State Board of Education has | 19 |
| knowledge as a consequence of
scheduled, approved visits and | 20 |
| which constituted a
failure by the district to comply with | 21 |
| applicable State or federal laws or
regulations relating to | 22 |
| public education, the name of such district, the date
or dates | 23 |
| on which the State Board of Education notified the school | 24 |
| district of
such act or omission, and what action, if any, the | 25 |
| school district took with
respect thereto after being notified | 26 |
| thereof by the State Board of Education.
The report shall also |
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| include the statewide high school dropout rate by
grade level, | 2 |
| sex and race and the annual student dropout rate of and the
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| number of students who graduate from, transfer from or | 4 |
| otherwise leave
bilingual programs. The report shall also | 5 |
| include the total expenditures made by school districts on | 6 |
| special education services, including a breakdown of State and | 7 |
| federally reimbursed expenditures and non-reimbursed | 8 |
| expenditures as reported by school districts under the | 9 |
| requirements of Sections 17-1 and 34-43 of this Code. The | 10 |
| Auditor General shall annually perform a
compliance audit of | 11 |
| the State Board of Education's performance of the
reporting | 12 |
| duty imposed by this amendatory Act of 1986. A regular system | 13 |
| of
communication with other directly related State agencies | 14 |
| shall be
implemented.
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| The requirement for reporting to the General Assembly shall | 16 |
| be satisfied
by filing copies of the report with the Speaker, | 17 |
| the Minority Leader and
the Clerk of the House of | 18 |
| Representatives and the President, the Minority
Leader and the | 19 |
| Secretary of the Senate and the Legislative Council, as | 20 |
| required
by Section 3.1 of the General
Assembly Organization | 21 |
| Act, and
filing such additional
copies with the State | 22 |
| Government Report Distribution Center for the General
Assembly | 23 |
| as is required under paragraph (t) of Section 7 of the State | 24 |
| Library
Act.
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| F. Upon appointment of the 7 new Board members who were | 26 |
| appointed to fill seats of members whose terms were terminated |
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| on the effective date of this amendatory Act of the 93rd | 2 |
| General Assembly, the Board shall review all of its current | 3 |
| rules in an effort to streamline procedures, improve | 4 |
| efficiency, and eliminate unnecessary forms and paperwork.
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| (Source: P.A. 93-1036, eff. 9-14-04.)
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| (105 ILCS 5/17-1) (from Ch. 122, par. 17-1)
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| Sec. 17-1. Annual Budget. The board of education of each | 8 |
| school
district under 500,000 inhabitants shall, within or | 9 |
| before the first
quarter of each fiscal year, adopt and file | 10 |
| with the State Board of Education an annual balanced budget | 11 |
| which it deems
necessary to defray all necessary expenses and | 12 |
| liabilities of the
district, and in such annual budget shall | 13 |
| specify the objects and
purposes of each item and amount needed | 14 |
| for each object or purpose.
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| The budget shall be entered upon a School District Budget | 16 |
| form prepared
and provided by the State Board of Education and | 17 |
| therein shall contain
a statement of the cash on hand at the
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| beginning of the fiscal year, an estimate of the cash expected | 19 |
| to be
received during such fiscal year from all sources, an | 20 |
| estimate of the
expenditures contemplated for such fiscal year, | 21 |
| and a statement of the
estimated cash expected to be on hand at | 22 |
| the end of such year. The
estimate of taxes to be received may | 23 |
| be based upon the amount of actual
cash receipts that may | 24 |
| reasonably be expected by the district during
such fiscal year, | 25 |
| estimated from the experience of the district in prior
years |
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| and with due regard for other circumstances that may | 2 |
| substantially
affect such receipts. Nothing in this Section | 3 |
| shall be construed as
requiring any district to change or | 4 |
| preventing any district from
changing from a cash basis of | 5 |
| financing to a surplus or deficit basis of
financing; or as | 6 |
| requiring any district to change or preventing any
district | 7 |
| from changing its system of accounting.
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| The board of education shall file as an attachment to its | 9 |
| annual budget a report, in a form as determined by the State | 10 |
| Board of Education, that contains the total amount spent on | 11 |
| special education services, including the expenditures | 12 |
| reimbursed by the State and the expenditures not reimbursed by | 13 |
| the State. This report must be filed with the State Board of | 14 |
| Education.
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| To the extent that a school district's budget is not | 16 |
| balanced, the district shall also adopt and file with the State | 17 |
| Board of Education a deficit reduction plan to balance the | 18 |
| district's budget within 3 years. The deficit reduction plan | 19 |
| must be filed at the same time as the budget, but the State | 20 |
| Superintendent of Education may extend this deadline if the | 21 |
| situation warrants.
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| The board of education of each district shall fix a fiscal | 23 |
| year
therefor. If the beginning of the fiscal year of a | 24 |
| district is
subsequent to the time that the tax levy due to be | 25 |
| made in such
fiscal year shall be
made, then such annual budget | 26 |
| shall be adopted prior to the time such
tax levy shall be made.
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| The failure by a board of education of any district to adopt an | 2 |
| annual
budget, or to comply in any respect with the provisions | 3 |
| of this Section, shall
not affect the validity of any tax levy | 4 |
| of the district otherwise in
conformity with the law. With | 5 |
| respect to taxes levied either before, on, or
after the | 6 |
| effective date of this amendatory Act of the 91st General | 7 |
| Assembly,
(i) a tax levy is made
for the fiscal year in which | 8 |
| the levy is due to be made regardless of which
fiscal year the | 9 |
| proceeds of the levy are expended or are intended to be
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| expended, and (ii) except as otherwise provided by law, a board | 11 |
| of education's
adoption of
an annual budget in conformity with | 12 |
| this Section is not a prerequisite to the
adoption of a valid | 13 |
| tax levy and is not a limit on the amount of the levy.
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| Such budget shall be prepared in tentative form by some | 15 |
| person or
persons designated by the board, and in such | 16 |
| tentative form shall be
made conveniently available to public | 17 |
| inspection for at least 30 days
prior to final action thereon. | 18 |
| At least 1 public hearing shall be held
as to such budget prior | 19 |
| to final action thereon. Notice of availability
for public | 20 |
| inspection and of such public hearing shall be given by
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| publication in a newspaper published in such district, at least | 22 |
| 30 days
prior to the time of such hearing. If there is no | 23 |
| newspaper published
in such district, notice of such public | 24 |
| hearing shall be given by
posting notices thereof in 5 of the | 25 |
| most public places in such district.
It shall be the duty of | 26 |
| the secretary of such board to make such
tentative budget |
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| available to public inspection, and to arrange for such
public | 2 |
| hearing. The board may from time to time make transfers between
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| the various items in any fund not exceeding in the aggregate | 4 |
| 10% of the
total of such fund as set forth in the budget. The | 5 |
| board may from time
to time amend such budget by the same | 6 |
| procedure as is herein provided
for its original adoption.
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| Beginning July 1, 1976, the board of education, or regional
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| superintendent, or governing board responsible for the | 9 |
| administration of
a joint agreement shall, by September 1 of | 10 |
| each
fiscal year thereafter, adopt an annual budget for the | 11 |
| joint agreement
in the same manner and subject to the same | 12 |
| requirements as are provided
in this Section.
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| The State Board of Education shall exercise powers and | 14 |
| duties
relating to budgets as provided in Section 2-3.27 of | 15 |
| this Code and shall require school districts to submit their | 16 |
| annual budgets, deficit reduction plans, and other financial | 17 |
| information, including revenue and expenditure reports and | 18 |
| borrowing and interfund transfer plans, in such form and within | 19 |
| the timelines designated by the State Board of Education.
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| By fiscal year 1982 all school districts shall use the | 21 |
| Program Budget
Accounting System.
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| In the case of a school district receiving emergency State | 23 |
| financial
assistance under Article 1B, the school board shall | 24 |
| also be subject to the
requirements
established under Article | 25 |
| 1B with respect to the annual budget.
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| (Source: P.A. 94-234, eff. 7-1-06.)
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| (105 ILCS 5/34-43) (from Ch. 122, par. 34-43)
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| Sec. 34-43. Adoption of budget and resolution. The board | 3 |
| shall, within the first 60 days of each fiscal year, adopt a
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| budget and pass a resolution to be termed the "annual school | 5 |
| budget",
hereinafter called the "budget", in and by which the | 6 |
| board, subject to the
limitations hereinafter contained, shall | 7 |
| appropriate such sums of money as
may be required to defray all | 8 |
| of its estimated expenses and liabilities to
be paid or | 9 |
| incurred during the fiscal year.
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| The budget shall be balanced in each year within standards | 11 |
| established by
the board, consistent with the provisions of | 12 |
| this Article.
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| The budget may provide for the accumulation of funds for | 14 |
| educational purposes
as the board may direct for capital | 15 |
| improvements or in order to achieve a
balanced budget in a | 16 |
| future year within the 4-year period of the board's
financial | 17 |
| plan to begin in that budget year. The budget may also provide | 18 |
| for a
reserve in the educational fund to ensure uninterrupted | 19 |
| services in the event
of unfavorable budget variances.
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| The changes made to this Section by this amendatory Act of | 21 |
| 1996 apply to
budgets and amended
and supplemental
budgets for | 22 |
| fiscal years beginning in 1995 and subsequent
years.
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| The board shall file as an attachment to its annual budget | 24 |
| a report, in a form as determined by the State Board of | 25 |
| Education, that contains the total amount spent on special |
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| education services, including the expenditures reimbursed by | 2 |
| the State and the expenditures not reimbursed by the State. | 3 |
| This report must be filed with the State Board of Education.
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| (Source: P.A. 89-636, eff. 8-9-96.)
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| Section 90. The State Mandates Act is amended by adding | 6 |
| Section 8.31 as follows: | 7 |
| (30 ILCS 805/8.31 new) | 8 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 9 |
| of this Act, no reimbursement by the State is required for the | 10 |
| implementation of any mandate created by this amendatory Act of | 11 |
| the 95th General Assembly.
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