Bill Text: IL HB4591 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Creates the Education Emergency Budget Implementation Act of 2009. Amends the Illinois Administrative Procedure Act to authorize emergency rulemaking that is not subject to complete JCAR oversight and to suspend rules while duties under a statute are suspended. Amends the School Code. Provides that provisions concerning the state goals and assessment of students are subject to appropriation. Provides that the administration of a program concerning agriculture education shall be subject to appropriation. Provides that the State Board of Education shall maintain or contract, subject to appropriation, for an educational materials coordinating unit for children with disabilities to provide specified services. Provides that the loan of specified secular textbooks by the State Board of Education shall be subject to appropriation. Repeals the State Facilities Closure Act. Contains a severability clause. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-07-07 - Referred to Rules Committee [HB4591 Detail]

Download: Illinois-2009-HB4591-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB4591 Introduced , by Rep. Linda Chapa LaVia SYNOPSIS AS INTRODUCED:
5 ILCS 100/1-100 new
5 ILCS 100/5-45 from Ch. 127, par. 1005-45
105 ILCS 5/2-3.64 from Ch. 122, par. 2-3.64
105 ILCS 5/2-3.80 from Ch. 122, par. 2-3.80
105 ILCS 5/14-11.01 from Ch. 122, par. 14-11.01
105 ILCS 5/18-17 from Ch. 122, par. 18-17
30 ILCS 608/Act rep.
Creates the Education Emergency Budget Implementation Act of 2009. Amends the Illinois Administrative Procedure Act to authorize emergency rulemaking that is not subject to complete JCAR oversight and to suspend rules while duties under a statute are suspended. Amends the School Code. Provides that provisions concerning the state goals and assessment of students are subject to appropriation. Provides that the administration of a program concerning agriculture education shall be subject to appropriation. Provides that the State Board of Education shall maintain or contract, subject to appropriation, for an educational materials coordinating unit for children with disabilities to provide specified services. Provides that the loan of specified secular textbooks by the State Board of Education shall be subject to appropriation. Repeals the State Facilities Closure Act. Contains a severability clause. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT in relation to budget implementation.
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
Education Emergency Budget Implementation Act of 2009.
Section 5. Legislative intent. The General Assembly hereby
finds and declares that the State is confronted with an
unprecedented fiscal crisis. This Act is to be liberally
construed and interpreted in a manner that allows the State to
address the fiscal crisis for the fiscal year ending June 30,
2010.
Section 10. The Illinois Administrative Procedure Act is
amended by changing Section 5-45 and by adding Section 1-100 as
follows:
(5 ILCS 100/1-100 new)
Sec. 1-100. Suspension of existing rules. During the period
July 1, 2009 through June 30, 2010, a State agency shall not
enforce rules that implement or are authorized by a statute to
the extent that the duties under that statute have been
suspended by law by the General Assembly or by Executive Order
of the Governor during that same time period. If the suspension

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of the duties under a statute is terminated or revoked during
the period July 1, 2009 through June 30, 2010, the State agency
shall enforce the rules upon the termination or revocation of
the suspension.
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
Sec. 5-45. Emergency rulemaking.
(a) "Emergency" means the existence of any situation that
any agency finds reasonably constitutes a threat to the public
interest, safety, or welfare.
(b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required by
Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency rulemaking
with the Secretary of State under Section 5-70. The notice
shall include the text of the emergency rule and shall be
published in the Illinois Register. Consent orders or other
court orders adopting settlements negotiated by an agency may
be adopted under this Section. Subject to applicable
constitutional or statutory provisions, an emergency rule
becomes effective immediately upon filing under Section 5-65 or
at a stated date less than 10 days thereafter. The agency's
finding and a statement of the specific reasons for the finding
shall be filed with the rule. The agency shall take reasonable
and appropriate measures to make emergency rules known to the

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persons who may be affected by them.
(c) An emergency rule may be effective for a period of not
longer than 150 days, but the agency's authority to adopt an
identical rule under Section 5-40 is not precluded. No
emergency rule may be adopted more than once in any 24 month
period, except that this limitation on the number of emergency
rules that may be adopted in a 24 month period does not apply
to (i) emergency rules that make additions to and deletions
from the Drug Manual under Section 5-5.16 of the Illinois
Public Aid Code or the generic drug formulary under Section
3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
emergency rules adopted by the Pollution Control Board before
July 1, 1997 to implement portions of the Livestock Management
Facilities Act, or (iii) emergency rules adopted by the
Illinois Department of Public Health under subsections (a)
through (i) of Section 2 of the Department of Public Health Act
when necessary to protect the public's health. Two or more
emergency rules having substantially the same purpose and
effect shall be deemed to be a single rule for purposes of this
Section.
(d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 budget,
emergency rules to implement any provision of Public Act 90-587
or 90-588 or any other budget initiative for fiscal year 1999
may be adopted in accordance with this Section by the agency
charged with administering that provision or initiative,

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except that the 24-month limitation on the adoption of
emergency rules and the provisions of Sections 5-115 and 5-125
do not apply to rules adopted under this subsection (d). The
adoption of emergency rules authorized by this subsection (d)
shall be deemed to be necessary for the public interest,
safety, and welfare.
(e) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2000 budget,
emergency rules to implement any provision of this amendatory
Act of the 91st General Assembly or any other budget initiative
for fiscal year 2000 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (e). The adoption of emergency rules authorized by
this subsection (e) shall be deemed to be necessary for the
public interest, safety, and welfare.
(f) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2001 budget,
emergency rules to implement any provision of this amendatory
Act of the 91st General Assembly or any other budget initiative
for fiscal year 2001 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections

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5-115 and 5-125 do not apply to rules adopted under this
subsection (f). The adoption of emergency rules authorized by
this subsection (f) shall be deemed to be necessary for the
public interest, safety, and welfare.
(g) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2002 budget,
emergency rules to implement any provision of this amendatory
Act of the 92nd General Assembly or any other budget initiative
for fiscal year 2002 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (g). The adoption of emergency rules authorized by
this subsection (g) shall be deemed to be necessary for the
public interest, safety, and welfare.
(h) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2003 budget,
emergency rules to implement any provision of this amendatory
Act of the 92nd General Assembly or any other budget initiative
for fiscal year 2003 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (h). The adoption of emergency rules authorized by

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this subsection (h) shall be deemed to be necessary for the
public interest, safety, and welfare.
(i) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2004 budget,
emergency rules to implement any provision of this amendatory
Act of the 93rd General Assembly or any other budget initiative
for fiscal year 2004 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (i). The adoption of emergency rules authorized by
this subsection (i) shall be deemed to be necessary for the
public interest, safety, and welfare.
(j) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2005 budget as provided under the Fiscal Year 2005 Budget
Implementation (Human Services) Act, emergency rules to
implement any provision of the Fiscal Year 2005 Budget
Implementation (Human Services) Act may be adopted in
accordance with this Section by the agency charged with
administering that provision, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (j). The Department of Public Aid
may also adopt rules under this subsection (j) necessary to

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administer the Illinois Public Aid Code and the Children's
Health Insurance Program Act. The adoption of emergency rules
authorized by this subsection (j) shall be deemed to be
necessary for the public interest, safety, and welfare.
(k) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2006 budget, emergency rules to implement any provision of this
amendatory Act of the 94th General Assembly or any other budget
initiative for fiscal year 2006 may be adopted in accordance
with this Section by the agency charged with administering that
provision or initiative, except that the 24-month limitation on
the adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (k). The Department of Healthcare and Family
Services may also adopt rules under this subsection (k)
necessary to administer the Illinois Public Aid Code, the
Senior Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act, the Senior Citizens and
Disabled Persons Prescription Drug Discount Program Act (now
the Illinois Prescription Drug Discount Program Act), and the
Children's Health Insurance Program Act. The adoption of
emergency rules authorized by this subsection (k) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(l) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year

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2007 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2007, including
rules effective July 1, 2007, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (l) shall be deemed to be necessary for the
public interest, safety, and welfare.
(m) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2008 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2008, including
rules effective July 1, 2008, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (m) shall be deemed to be necessary for the
public interest, safety, and welfare.
(n) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2010 budget,

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emergency rules to implement any provision of this amendatory
Act of the 96th General Assembly or any other budget initiative
for fiscal year 2010 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (n). The adoption of emergency rules authorized by
this subsection (n) shall be deemed to be necessary for the
public interest, safety, and welfare.
(Source: P.A. 94-48, eff. 7-1-05; 94-838, eff. 6-6-06; 95-12,
eff. 7-2-07; 95-331, eff. 8-21-07.)
Section 15. The School Code is amended by changing Sections
2-3.64, 2-3.80, 14-11.01, and 18-17 as follows:
(105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64)
Sec. 2-3.64. State goals and assessment.
(a) Beginning in the 1998-1999 school year, the State Board
of Education shall, subject to appropriation, establish
standards and periodically, in collaboration with local school
districts, conduct studies of student performance in the
learning areas of fine arts and physical development/health.
Beginning with the 1998-1999 school year until the
2004-2005 school year, the State Board of Education shall
annually test: (i) all pupils enrolled in the 3rd, 5th, and 8th

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grades in English language arts (reading, writing, and English
grammar) and mathematics; and (ii) all pupils enrolled in the
4th and 7th grades in the biological and physical sciences and
the social sciences (history, geography, civics, economics,
and government). Unless the testing required to be implemented
no later than the 2005-2006 school year under this subsection
(a) is implemented for the 2004-2005 school year, for the
2004-2005 school year, the State Board of Education shall test:
(i) all pupils enrolled in the 3rd, 5th, and 8th grades in
English language arts (reading and English grammar) and
mathematics and (ii) all pupils enrolled in the 4th and 7th
grades in the biological and physical sciences. The maximum
time allowed for all actual testing required under this
paragraph shall not exceed 25 hours, as allocated among the
required tests by the State Board of Education, across all
grades tested.
Beginning no later than the 2005-2006 school year, the
State Board of Education shall, subject to appropriation,
annually test: (i) all pupils enrolled in the 3rd, 4th, 5th,
6th, 7th, and 8th grades in reading and mathematics and (ii)
all pupils enrolled in the 4th and 7th grades in the biological
and physical sciences. In addition, the State Board of
Education shall, subject to appropriation, test (1) all pupils
enrolled in the 5th and 8th grades in writing during the
2006-2007 school year; (2) all pupils enrolled in the 5th, 6th,
and 8th grades in writing during the 2007-2008 school year; and

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(3) all pupils enrolled in the 3rd, 5th, 6th, and 8th grades in
writing during the 2008-2009 school year and each school year
thereafter. After the addition of grades and change in subjects
as delineated in this paragraph and including whatever other
tests that may be approved from time to time no later than the
2005-2006 school year, the maximum time allowed for all State
testing in grades 3 through 8 shall not exceed 38 hours across
those grades.
Beginning with the 2004-2005 school year, the State Board
of Education shall not test pupils under this subsection (a) in
physical development and health, fine arts, and the social
sciences (history, geography, civics, economics, and
government). The State Board of Education shall not test pupils
under this subsection (a) in writing during the 2005-2006
school year.
The State Board of Education shall, subject to
appropriation, establish the academic standards that are to be
applicable to pupils who are subject to State tests under this
Section beginning with the 1998-1999 school year. However, the
State Board of Education shall not establish any such standards
in final form without first providing opportunities for public
participation and local input in the development of the final
academic standards. Those opportunities shall include a
well-publicized period of public comment, public hearings
throughout the State, and opportunities to file written
comments. Beginning with the 1998-99 school year and

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thereafter, the State tests will identify pupils in the 3rd
grade or 5th grade who do not meet the State standards.
If, by performance on the State tests or local assessments
or by teacher judgment, a student's performance is determined
to be 2 or more grades below current placement, the student
shall be provided a remediation program developed by the
district in consultation with a parent or guardian. Such
remediation programs may include, but shall not be limited to,
increased or concentrated instructional time, a remedial
summer school program of not less than 90 hours, improved
instructional approaches, tutorial sessions, retention in
grade, and modifications to instructional materials. Each
pupil for whom a remediation program is developed under this
subsection shall be required to enroll in and attend whatever
program the district determines is appropriate for the pupil.
Districts may combine students in remediation programs where
appropriate and may cooperate with other districts in the
design and delivery of those programs. The parent or guardian
of a student required to attend a remediation program under
this Section shall be given written notice of that requirement
by the school district a reasonable time prior to commencement
of the remediation program that the student is to attend. The
State shall, subject to appropriation, be responsible for
providing school districts with the new and additional funding,
under Section 2-3.51.5 or by other or additional means, that is
required to enable the districts to operate remediation

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programs for the pupils who are required to enroll in and
attend those programs under this Section. Every individualized
educational program as described in Article 14 shall identify
if the State test or components thereof are appropriate for
that student. The State Board of Education shall, subject to
appropriation, develop rules and regulations governing the
administration of alternative tests prescribed within each
student's individualized educational program which are
appropriate to the disability of each student.
All pupils who are in a State approved transitional
bilingual education program or transitional program of
instruction shall participate in the State tests. The time
allotted to take the State tests, however, may be extended as
determined by the State Board of Education by rule. Any student
who has been enrolled in a State approved bilingual education
program less than 3 cumulative academic years may take an
accommodated Limited English Proficient student academic
content assessment, as determined by the State Board of
Education, if the student's lack of English as determined by an
English language proficiency test would keep the student from
understanding the regular State test. If the school district
determines, on a case-by-case individual basis, that a Limited
English Proficient student academic content assessment would
likely yield more accurate and reliable information on what the
student knows and can do, the school district may make a
determination to assess the student using a Limited English

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Proficient student academic content assessment for a period
that does not exceed 2 additional consecutive years, provided
that the student has not yet reached a level of English
language proficiency sufficient to yield valid and reliable
information on what the student knows and can do on the regular
State test.
Reasonable accommodations as prescribed by the State Board
of Education shall be provided for individual students in the
testing procedure. All test procedures prescribed by the State
Board of Education shall require: (i) that each test used for
State and local student testing under this Section identify by
name the pupil taking the test; (ii) that the name of the pupil
taking the test be placed on the test at the time the test is
taken; (iii) that the results or scores of each test taken
under this Section by a pupil of the school district be
reported to that district and identify by name the pupil who
received the reported results or scores; and (iv) that the
results or scores of each test taken under this Section be made
available to the parents of the pupil. In addition, in each
school year the highest scores attained by a student on the
Prairie State Achievement Examination administered under
subsection (c) of this Section and any Prairie State
Achievement Awards received by the student shall become part of
the student's permanent record and shall be entered on the
student's transcript pursuant to regulations that the State
Board of Education shall promulgate for that purpose in

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accordance with Section 3 and subsection (e) of Section 2 of
the Illinois School Student Records Act. Beginning with the
1998-1999 school year and in every school year thereafter,
scores received by students on the State assessment tests
administered in grades 3 through 8 shall be placed into
students' temporary records.
The State Board of Education shall establish a period of
time, to be referred to as the State test window, in each
school year for which State testing shall occur to meet the
objectives of this Section. However, if the schools of a
district are closed and classes are not scheduled during any
week that is established by the State Board of Education as the
State test window, the school district may (at the discretion
of the State Board of Education) move its State test window one
week earlier or one week later than the established State test
window, so long as the school district gives the State Board of
Education written notice of its intention to deviate from the
established schedule by December 1 of the school year in which
falls the State test window established by the State Board of
Education for the testing.
(a-5) All tests administered pursuant to this Section shall
be academically based. For the purposes of this Section
"academically based tests" shall mean tests consisting of
questions and answers that are measurable and quantifiable to
measure the knowledge, skill, and ability of students in the
subject matters covered by tests. The scoring of academically

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based tests shall be reliable, valid, unbiased and shall meet
the guidelines for test development and use prescribed by the
American Psychological Association, the National Council of
Measurement and Evaluation, and the American Educational
Research Association. Academically based tests shall not
include assessments or evaluations of attitudes, values, or
beliefs, or testing of personality, self-esteem, or
self-concept. Nothing in this amendatory Act is intended, nor
shall it be construed, to nullify, supersede, or contradict the
legislative intent on academic testing expressed during the
passage of HB 1005/P.A. 90-296. Nothing in this Section is
intended, nor shall it be construed, to nullify, supersede, or
contradict the legislative intent on academic testing
expressed in the preamble of this amendatory Act of the 93rd
General Assembly.
The State Board of Education shall, subject to
appropriation, monitor the use of short answer questions in the
math and reading assessments or in other assessments in order
to demonstrate that the use of short answer questions results
in a statistically significant improvement in student
achievement as measured on the State assessments for math and
reading or on other State assessments and is justifiable in
terms of cost and student performance.
(b) It shall be the policy of the State to encourage school
districts to continuously test pupil proficiency in the
fundamental learning areas in order to: (i) provide timely

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information on individual students' performance relative to
State standards that is adequate to guide instructional
strategies; (ii) improve future instruction; and (iii)
complement the information provided by the State testing system
described in this Section. To assist school districts in
testing pupil proficiency in reading in the primary grades, the
State Board shall, subject to appropriation, make optional
reading inventories for diagnostic purposes available to each
school district that requests such assistance. Districts that
administer the reading inventories may develop remediation
programs for students who perform in the bottom half of the
student population. Those remediation programs may be funded by
moneys provided under the School Safety and Educational
Improvement Block Grant Program established under Section
2-3.51.5.
(c) Beginning with the 2000-2001 school year, each school
district that operates a high school program for students in
grades 9 through 12 shall annually administer the Prairie State
Achievement Examination established under this subsection to
its students as set forth below. The Prairie State Achievement
Examination shall, subject to appropriation, be developed by
the State Board of Education to measure student performance in
the academic areas of reading, writing, mathematics, science,
and social sciences. Beginning with the 2004-2005 school year,
however, the State Board of Education shall not test a student
in the social sciences (history, geography, civics, economics,

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and government) as part of the Prairie State Achievement
Examination unless the student is retaking the Prairie State
Achievement Examination in the fall of 2004. In addition, the
State Board of Education shall not test a student in writing as
part of the Prairie State Achievement Examination during the
2005-2006 school year. The State Board of Education shall,
subject to appropriation, establish the academic standards
that are to apply in measuring student performance on the
Prairie State Achievement Examination including the minimum
examination score in each area that will qualify a student to
receive a Prairie State Achievement Award from the State in
recognition of the student's excellent performance. Each
school district that is subject to the requirements of this
subsection (c) shall afford all students 2 opportunities to
take the Prairie State Achievement Examination beginning as
late as practical during the second semester of grade 11, but
in no event before March 1. The State Board of Education shall
annually notify districts of the weeks during which these test
administrations shall be required to occur. Every
individualized educational program as described in Article 14
shall identify if the Prairie State Achievement Examination or
components thereof are appropriate for that student. Each
student, exclusive of a student whose individualized
educational program developed under Article 14 identifies the
Prairie State Achievement Examination as inappropriate for the
student, shall be required to take the examination in grade 11.

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For each academic area the State Board of Education shall
establish the score that qualifies for the Prairie State
Achievement Award on that portion of the examination. Any
student who fails to earn a qualifying score for a Prairie
State Achievement Award in any one or more of the academic
areas on the initial test administration or who wishes to
improve his or her score on any portion of the examination
shall be permitted to retake such portion or portions of the
examination during grade 12. Districts shall inform their
students of the timelines and procedures applicable to their
participation in every yearly administration of the Prairie
State Achievement Examination. Students receiving special
education services whose individualized educational programs
identify the Prairie State Achievement Examination as
inappropriate for them nevertheless shall have the option of
taking the examination, which shall be administered to those
students in accordance with standards adopted by the State
Board of Education to accommodate the respective disabilities
of those students. A student who successfully completes all
other applicable high school graduation requirements but fails
to receive a score on the Prairie State Achievement Examination
that qualifies the student for receipt of a Prairie State
Achievement Award shall nevertheless qualify for the receipt of
a regular high school diploma. In no case, however, shall a
student receive a regular high school diploma without taking
the Prairie State Achievement Examination, unless the student

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is exempted from taking the Prairie State Achievement
Examination under this subsection (c) because (i) the student's
individualized educational program developed under Article 14
of this Code identifies the Prairie State Achievement
Examination as inappropriate for the student, (ii) the student
is exempt due to the student's lack of English language
proficiency under subsection (a) of this Section, or (iii) the
student is enrolled in a program of Adult and Continuing
Education as defined in the Adult Education Act.
(d) Beginning with the 2002-2003 school year, all schools
in this State that are part of the sample drawn by the National
Center for Education Statistics, in collaboration with their
school districts and the State Board of Education, shall
administer the biennial State academic assessments of 4th and
8th grade reading and mathematics under the National Assessment
of Educational Progress carried out under Section m11(b)(2) of
the National Education Statistics Act of 1994 (20 U.S.C. 9010)
if the Secretary of Education pays the costs of administering
the assessments.
(e) Beginning no later than the 2005-2006 school year,
subject to available federal funds to this State for the
purpose of student assessment, the State Board of Education
shall provide additional tests and assessment resources that
may be used by school districts for local diagnostic purposes.
These tests and resources shall include without limitation
additional high school writing, physical development and

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health, and fine arts assessments. The State Board of Education
shall annually distribute a listing of these additional tests
and resources, using funds available from appropriations made
for student assessment purposes.
(f) For the assessment and accountability purposes of this
Section, "all pupils" includes those pupils enrolled in a
public or State-operated elementary school, secondary school,
or cooperative or joint agreement with a governing body or
board of control, a charter school operating in compliance with
the Charter Schools Law, a school operated by a regional office
of education under Section 13A-3 of this Code, or a public
school administered by a local public agency or the Department
of Human Services.
(Source: P.A. 93-426, eff. 8-5-03; 93-838, eff. 7-30-04;
93-857, eff. 8-3-04; 94-69, eff. 7-1-05; 94-642, eff. 1-1-06;
94-875, eff. 7-1-06.)
(105 ILCS 5/2-3.80) (from Ch. 122, par. 2-3.80)
Sec. 2-3.80. (a) The General Assembly recognizes that
agriculture is the most basic and singularly important industry
in the State, that agriculture is of central importance to the
welfare and economic stability of the State, and that the
maintenance of this vital industry requires a continued source
of trained and qualified individuals for employment in
agriculture and agribusiness. The General Assembly hereby
declares that it is in the best interests of the people of the

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State of Illinois that a comprehensive education program in
agriculture be created and maintained by the State's public
school system in order to ensure an adequate supply of trained
and skilled individuals and to ensure appropriate
representation of racial and ethnic groups in all phases of the
industry. It is the intent of the General Assembly that a State
program for agricultural education shall be a part of the
curriculum of the public school system K through adult, and
made readily available to all school districts which may, at
their option, include programs in education in agriculture as a
part of the curriculum of that district.
(b) The State Board of Education shall adopt such rules and
regulations as are necessary to implement the provisions of
this Section. The rules and regulations shall not create any
new State mandates on school districts as a condition of
receiving federal, State, and local funds by those entities. It
is in the intent of the General Assembly that, although this
Section does not create any new mandates, school districts are
strongly advised to follow the guidelines set forth in this
Section.
(c) The State Superintendent of Education shall, subject to
appropriation, assume responsibility for the administration of
the State program adopted under this Section throughout the
public school system as well as the articulation of the State
program to the requirements and mandates of federally assisted
education. There is currently within the State Board of

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Education an agricultural education unit to assist school
districts in the establishment and maintenance of educational
programs pursuant to the provisions of this Section. The
staffing of the unit shall, subject to appropriation, at all
times be comprised of an appropriate number of full-time
employees who shall serve as program consultants in
agricultural education and shall be available to provide
assistance to school districts. At least one consultant shall
be responsible for the coordination of the State program, as
Head Consultant. At least one consultant shall be responsible
for the coordination of the activities of student and
agricultural organizations and associations.
(d) Subject to appropriation, a A committee of 13
agriculturalists representative of the various and diverse
areas of the agricultural industry in Illinois shall be
established to at least develop a curriculum and overview the
implementation of the Build Illinois through Quality
Agricultural Education plans of the Illinois Leadership
Council for Agricultural Education and to advise the State
Board of Education on vocational agricultural education. The
Committee shall be composed of the following: (6)
agriculturalists representing the Illinois Leadership Council
for Agricultural Education; (2) Secondary Agriculture
Teachers; (1) "Ag In The Classroom" Teacher; (1) Community
College Agriculture Teacher; (1) Adult Agriculture Education
Teacher; (1) University Agriculture Teacher Educator; and (1)

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FFA Representative. All members of the Committee shall be
appointed by the Governor by and with the advice and consent of
the Senate. The terms of all members so appointed shall be for
3 years, except that of the members initially appointed, 5
shall be appointed to serve for terms of 1 year, 4 shall be
appointed to serve for terms of 2 years and 4 shall be
appointed to serve for terms of 3 years. All members of the
Committee shall serve until their successors are appointed and
qualified. Vacancies in terms shall be filled by appointment of
the Governor with the advice and consent of the Senate for the
extent of the unexpired term. The State Board of Education
shall implement a Build Illinois through Quality Agricultural
Education plan following receipt of these recommendations
which shall be made available on or before March 31, 1987.
Recommendations shall include, but not be limited to, the
development of a curriculum and a strategy for the purpose of
establishing a source of trained and qualified individuals in
agriculture, a strategy for articulating the State program in
agricultural education throughout the public school system,
and a consumer education outreach strategy regarding the
importance of agriculture in Illinois. The committee of
agriculturalists shall serve without compensation.
(e) A school district that offers a secondary agricultural
education program that is approved for State and federal
funding must ensure that, at a minimum, all of the following
are available to its secondary agricultural education

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students:
(1) An instructional sequence of courses approved by
the State Board of Education.
(2) A State and nationally affiliated FFA (Future
Farmers of America) chapter that is integral to instruction
and is not treated solely as an extracurricular activity.
(3) A mechanism for ensuring the involvement of all
secondary agricultural education students in formal,
supervised, agricultural-experience activities and
programs.
(f) Nothing in this Section may prevent those secondary
agricultural education programs that are in operation before
the effective date of this amendatory Act of the 94th General
Assembly and that do not have an active State and nationally
affiliated FFA chapter from continuing to operate or from
continuing to receive funding from the State Board of
Education.
(Source: P.A. 94-855, eff. 1-1-07.)
(105 ILCS 5/14-11.01) (from Ch. 122, par. 14-11.01)
Sec. 14-11.01. Educational materials coordinating unit.
The State Board of Education shall maintain or contract,
subject to appropriation, for an educational materials
coordinating unit for children with disabilities to provide:
(1) Staff and resources for the coordination, cataloging,
standardizing, production, procurement, storage, and

HB4591 - 26 - LRB096 13380 MJR 28098 b
distribution of educational materials needed by visually
disabled children and adults with disabilities.
(2) Staff and resources of an instructional materials
center to include library, audio-visual, programmed, and other
types of instructional materials peculiarly adapted to the
instruction of pupils with disabilities.
The educational materials coordinating unit shall have as
its major purpose the improvement of instructional programs for
children with disabilities and the in-service training of all
professional personnel associated with programs of special
education and to these ends is authorized to operate under
rules and regulations of the State Board of Education with the
advice of the Advisory Council.
(Source: P.A. 89-397, eff. 8-20-95.)
(105 ILCS 5/18-17) (from Ch. 122, par. 18-17)
Sec. 18-17. The State Board of Education shall provide,
subject to appropriation, the loan of secular textbooks listed
for use by the State Board of Education free of charge to any
student in this State who is enrolled in grades kindergarten
through 12 at a public school or at a school other than a
public school which is in compliance with the compulsory
attendance laws of this State and Title VI of the Civil Rights
Act of 1964. The foregoing service shall be provided directly
to the students at their request or at the request of their
parents or guardians. The State Board of Education shall adopt

HB4591 - 27 - LRB096 13380 MJR 28098 b
appropriate regulations to administer this Section and to
facilitate the equitable participation of all students
eligible for benefits hereunder, including provisions
authorizing the exchange, trade or transfer of loaned secular
textbooks between schools or school districts for students
enrolled in such schools or districts. The bonding requirements
of Sections 28-1 and 28-2 of this Code do not apply to the loan
of secular textbooks under this Section. After secular
textbooks have been on loan under this Section for a period of
5 years or more, such textbooks may be disposed of by school
districts in such manner as their respective school boards
shall determine following written notification to the State
Board of Education and expiration of a reasonable waiting
period not to exceed 30 days. Loaned textbooks may not be
disposed of out-of-State or sold without the prior approval of
the State Board of Education.
As used in this Section, "textbook" means any book or book
substitute which a pupil uses as a text or text substitute in a
particular class or program. It shall include books, reusable
workbooks, manuals, whether bound or in loose leaf form, and
instructional computer software, intended as a principal
source of study material for a given class or group of
students. "Textbook" also includes science curriculum
materials in a kit format that includes pre-packaged consumable
materials if (i) it is shown that the materials serve as a
textbook substitute, (ii) the materials are for use by pupils

HB4591 - 28 - LRB096 13380 MJR 28098 b
as a principal learning resource, (iii) each component of the
materials is integrally necessary to teach the requirements of
the intended course, (iv) the kit includes teacher guidance
materials, and (v) the purchase of individual consumable
materials is not allowed.
(Source: P.A. 93-212, eff. 7-18-03; 94-927, eff. 1-1-07.)
(30 ILCS 608/Act rep.)
Section 90. The State Facilities Closure Act is repealed.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon