Bill Text: IL SB3132 | 2023-2024 | 103rd General Assembly | Chaptered


Bill Title: Amends the Regional Superintendent of Schools Article of the School Code. Makes changes concerning high school equivalency testing. Amends the Postsecondary and Workforce Readiness Act. Removes provisions concerning funding transitional mathematics instruction. Amends the Student Parent Data Collection Act to make changes regarding the date that public universities shall report collected data. Amends the Board of Higher Education Act. Provides that the Illinois Community College Board shall submit to the Board of Higher Education by December 15 (instead of November 15) of each year its budget proposal for the operation and capital needs of the institutions under its governance or supervision for the ensuing fiscal year. Amends the Public Community College Act. Makes changes concerning standing advisory organizations recognized by the Illinois Community College Board, the Board's powers and duties, spending local funds after the dissolution or reorganization of a community college district, the academic term, the bond a treasurer shall execute, contract bidding, the report on administrator and faculty salaries and benefits, and building program participation. Repeals a Section concerning the building program's plan approval. Amends the Know Before You Owe Private Education Loan Act. Repeals a Section concerning annual certification and maintenance of approval. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0940 [SB3132 Detail]

Download: Illinois-2023-SB3132-Chaptered.html

Public Act 103-0940
SB3132 EnrolledLRB103 39113 RJT 69253 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Section
3-15.12 as follows:
(105 ILCS 5/3-15.12) (from Ch. 122, par. 3-15.12)
Sec. 3-15.12. High school equivalency. The regional
superintendent of schools and the Illinois Community College
Board shall make available for qualified individuals residing
within the region a High School Equivalency Testing Program
and alternative methods of credentialing, as identified under
this Section. For that purpose the regional superintendent
alone or with other regional superintendents may establish and
supervise a testing center or centers to administer the secure
forms for high school equivalency testing to qualified
persons. Such centers shall be under the supervision of the
regional superintendent in whose region such centers are
located, subject to the approval of the Executive Director of
the Illinois Community College Board. The Illinois Community
College Board shall also establish criteria and make available
alternative methods of credentialing throughout the State.
An individual is eligible to apply to the regional
superintendent of schools for the region in which he or she
resides if he or she is: (a) a person who is 17 years of age or
older, has maintained residence in the State of Illinois, and
is not a high school graduate; (b) a person who is successfully
completing an alternative education program under Section
2-3.81, Article 13A, or Article 13B; or (c) a person who is
enrolled in a youth education program sponsored by the
Illinois National Guard. For purposes of this Section,
residence is that abode which the applicant considers his or
her home. Applicants may provide as sufficient proof of such
residence and as an acceptable form of identification a
driver's license, valid passport, military ID, or other form
of government-issued national or foreign identification that
shows the applicant's name, address, date of birth, signature,
and photograph or other acceptable identification as may be
allowed by law or as regulated by the Illinois Community
College Board. Such regional superintendent shall determine if
the applicant meets statutory and regulatory state standards.
If qualified, the applicant shall at the time of such
application pay a fee established by the Illinois Community
College Board, which fee shall be paid into a special fund
under the control and supervision of the regional
superintendent to be used for administration of high school
equivalency testing. Such moneys received by the regional
superintendent shall be used, first, for the expenses incurred
in administering and scoring the examination, and next for
other educational programs that are developed and designed by
the regional superintendent of schools to assist those who
successfully complete high school equivalency testing or meet
the criteria for alternative methods of credentialing in
furthering their academic development or their ability to
secure and retain gainful employment, including programs for
the competitive award based on test scores of college or adult
education scholarship grants or similar educational
incentives. Any excess moneys shall be paid into the institute
fund.
Any applicant who has achieved the minimum passing
standards as established by the Illinois Community College
Board shall be notified in writing by the regional
superintendent and shall be issued a State of Illinois High
School Diploma on the forms provided by the Illinois Community
College Board. The regional superintendent shall then certify
to the Illinois Community College Board the score of the
applicant and such other and additional information that may
be required by the Illinois Community College Board. The
moneys received therefrom shall be used in the same manner as
provided for in this Section.
The Illinois Community College Board shall establish
alternative methods of credentialing for the issuance of a
State of Illinois High School Diploma. In addition to high
school equivalency testing, the following alternative methods
of receiving a State of Illinois High School Diploma shall be
made available to qualified individuals on or after January 1,
2018:
(A) High School Equivalency based on High School
Credit. A qualified candidate may petition to have his or
her high school transcripts evaluated to determine what
the candidate needs to meet criteria as established by the
Illinois Community College Board.
(B) High School Equivalency based on Post-Secondary
Credit. A qualified candidate may petition to have his or
her post-secondary transcripts evaluated to determine what
the candidate needs to meet criteria established by the
Illinois Community College Board.
(C) High School Equivalency based on a Foreign
Diploma. A qualified candidate may petition to have his or
her foreign high school or post-secondary transcripts
evaluated to determine what the candidate needs to meet
criteria established by the Illinois Community College
Board.
(D) High School Equivalency based on Completion of a
Competency-Based Program as approved by the Illinois
Community College Board. The Illinois Community College
Board shall establish guidelines for competency-based high
school equivalency programs.
Any applicant who has attained the age of 17 years and
maintained residence in the State of Illinois and is not a high
school graduate, any person who has enrolled in a youth
education program sponsored by the Illinois National Guard, or
any person who has successfully completed an alternative
education program under Section 2-3.81, Article 13A, or
Article 13B is eligible to apply for a State of Illinois High
School Diploma (if he or she meets the requirements prescribed
by the Illinois Community College Board) upon showing evidence
that he or she has completed, successfully, high school
equivalency testing, administered by the United States Armed
Forces Institute, official high school equivalency testing
centers established in other states, Veterans' Administration
Hospitals, or the office of the State Superintendent of
Education for the Illinois State Penitentiary System and the
Department of Corrections. Such applicant shall apply to the
regional superintendent of the region wherein he or she has
maintained residence, and, upon payment of a fee established
by the Illinois Community College Board, the regional
superintendent shall issue a State of Illinois High School
Diploma and immediately thereafter certify to the Illinois
Community College Board the score of the applicant and such
other and additional information as may be required by the
Illinois Community College Board.
Notwithstanding the provisions of this Section, any
applicant who has been out of school for at least one year may
request the regional superintendent of schools to administer
restricted high school equivalency testing upon written
request of: the director of a program who certifies to the
Chief Examiner of an official high school equivalency testing
center that the applicant has completed a program of
instruction provided by such agencies as the Job Corps, the
Postal Service Academy, or an apprenticeship training program;
an employer or program director for purposes of entry into
apprenticeship programs; another state's department of
education in order to meet regulations established by that
department of education; or a post high school educational
institution for purposes of admission, the Department of
Financial and Professional Regulation for licensing purposes,
or the Armed Forces for induction purposes. The regional
superintendent shall administer such testing, and the
applicant shall be notified in writing that he or she is
eligible to receive a State of Illinois High School Diploma
upon reaching age 17, provided he or she meets the standards
established by the Illinois Community College Board.
Any test administered under this Section to an applicant
who does not speak and understand English may at the
discretion of the administering agency be given and answered
in any language in which the test is printed. The regional
superintendent of schools may waive any fees required by this
Section in case of hardship. The regional superintendent of
schools and the Illinois Community College Board shall waive
any fees required by this Section for an applicant who meets
all of the following criteria:
(1) The applicant qualifies as a homeless person,
child, or youth as defined in the Education for Homeless
Children Act.
(2) The applicant has not attained 25 years of age as
of the date of the scheduled test.
(3) The applicant can verify his or her status as a
homeless person, child, or youth. A homeless services
provider that is qualified to verify an individual's
housing status, as determined by the Illinois Community
College Board, and that has knowledge of the applicant's
housing status may verify the applicant's status for
purposes of this subdivision (3).
(4) The applicant has completed a high school
equivalency preparation course through an Illinois
Community College Board-approved provider.
(5) The applicant is taking the test at a testing
center operated by a regional superintendent of schools or
the Cook County High School Equivalency Office.
In counties of over 3,000,000 population, a State of
Illinois High School Diploma shall contain the signatures of
the Executive Director of the Illinois Community College Board
and the superintendent, president, or other chief executive
officer of the institution where high school equivalency
testing instruction occurred and any other signatures
authorized by the Illinois Community College Board.
The regional superintendent of schools shall furnish the
Illinois Community College Board with any information that the
Illinois Community College Board requests with regard to
testing and diplomas under this Section.
A State of Illinois High School Diploma is a recognized
high school equivalency certificate for purposes of
reciprocity with other states. A high school equivalency
certificate from another state is equivalent to a State of
Illinois High School Diploma.
(Source: P.A. 102-1100, eff. 1-1-23.)
Section 7. The State Universities Civil Service Act is
amended by changing Section 36e as follows:
(110 ILCS 70/36e) (from Ch. 24 1/2, par. 38b4)
Sec. 36e. Coverage. All employees of the Illinois
Community College Board, Southern Illinois University, Chicago
State University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois
University, Northern Illinois University, Western Illinois
University, the University of Illinois, the University System,
the State Universities Retirement System, the Illinois Student
Assistance Commission State Scholarship Commission, and the
Board of Higher Education shall be covered by the University
System described in Sections 36b to 36q, inclusive, of this
Act, except the following persons:
(1) The members and officers of the Merit Board and
the board of trustees, and the commissioners of the
institutions and agencies covered hereunder;
(2) The presidents and vice-presidents of each
educational institution and the executive director,
directors, deputy directors, managing directors, chiefs,
and attorneys of each higher education agency;
(3) Other principal administrative employees of each
institution and agency as determined by the Merit Board;
(4) The teaching, research and extension faculties of
each institution and agency;
(5) Students employed under rules prescribed by the
Merit Board, without examination or certification.
(Source: P.A. 100-615, eff. 1-1-19.)
Section 10. The Postsecondary and Workforce Readiness Act
is amended by changing Section 60 as follows:
(110 ILCS 148/60)
Sec. 60. Transitional mathematics instruction statewide
supports.
(a) (Blank). Beginning with the 2019-2020 academic year,
ICCB shall permit transitional mathematics instruction that
has been approved for statewide portability in accordance with
the requirements of this Act to be funded, subject to
appropriation, in a manner consistent with reimbursement rates
for developmental education courses offered at a community
college. Such funding must be used by a community college for
costs associated with transitional mathematics or English
partnerships with school districts.
(b) Subject to the availability of public or private
resources, ISBE, ICCB, and IBHE, in collaboration with IMACC,
shall support collaborative efforts among school districts and
postsecondary institutions to develop model transitional
mathematics instructional units. All State-supported models
shall include real-world application projects that can be
delivered to particular students based on career interests and
shall enable transitional mathematics instructional resources
to be included within integrated courses or competency-based
learning systems.
(c) Provided that statewide portability procedures have
been established pursuant to subsection (f) of Section 45 of
this Act, ISBE and ICCB shall identify and publicize courses
for transitional mathematics instruction that meet the
statewide portability requirements and that can be delivered
fully online or through blended-learning models without the
requirement for in-person mathematics instruction at the high
school.
(d) ISBE and ICCB shall jointly develop and provide a
model partnership agreement for school districts and community
colleges.
(e) ISBE and ICCB shall provide standardized reports to
school districts and community colleges, including, but not
limited to:
(1) reports that school districts and community
colleges can use for determining students 11th grade
projected readiness for college-level mathematics courses
upon high school graduation; and
(2) reports that compare participating students'
postsecondary outcomes with other students, particularly
those in traditional developmental education course
sequences.
(Source: P.A. 99-674, eff. 7-29-16; 100-599, eff. 6-29-18.)
Section 15. The Student Parent Data Collection Act is
amended by changing Section 20 as follows:
(110 ILCS 149/20)
Sec. 20. Reporting requirements.
(a) On or before July 1, 2022, July 1, 2023, and October
15, 2024 and on or before each October 15 and annually
thereafter, each public university shall report the data
collected under Sections 10 and 15 to the Board of Higher
Education, and each public community college shall report the
data collected under Sections 10 and 15 to the Illinois
Community College Board.
(b) Each institution, the Board of Higher Education, and
the Illinois Community College Board shall make the data
reported under subsection (a) publicly available annually on
their Internet websites.
(c) The Board of Higher Education and the Illinois
Community College Board, in consultation with public
institutions of higher education and advocates, may adopt
rules concerning the reporting of data to protect student
privacy while satisfying the requirements of this Act.
(Source: P.A. 102-88, eff. 7-9-21.)
Section 20. The Board of Higher Education Act is amended
by changing Section 8 as follows:
(110 ILCS 205/8) (from Ch. 144, par. 188)
Sec. 8. The Board of Trustees of the University of
Illinois, the Board of Trustees of Southern Illinois
University, the Board of Trustees of Chicago State University,
the Board of Trustees of Eastern Illinois University, the
Board of Trustees of Governors State University, the Board of
Trustees of Illinois State University, the Board of Trustees
of Northeastern Illinois University, the Board of Trustees of
Northern Illinois University, and the Board of Trustees of
Western Illinois University, and the Illinois Community
College Board shall submit to the Board not later than the 15th
day of November of each year its budget proposals for the
operation and capital needs of the institutions under its
governance or supervision for the ensuing fiscal year. The
Illinois Community College Board shall submit to the Board by
December 15 of each year its budget proposal for the operation
and capital needs of the institutions under its governance or
supervision for the ensuing fiscal year. Each budget proposal
shall conform to the procedures developed by the Board in the
design of an information system for State universities and
colleges.
In order to maintain a cohesive system of higher
education, the Board and its staff shall communicate on a
regular basis with all public university presidents. They
shall meet at least semiannually to achieve economies of scale
where possible and provide the most innovative and efficient
programs and services.
The Board, in the analysis of formulating the annual
budget request, shall consider rates of tuition and fees and
undergraduate tuition and fee waiver programs at the State
universities and colleges. The Board shall also consider the
current and projected utilization of the total physical plant
of each campus of a university or college in approving the
capital budget for any new building or facility.
The Board of Higher Education shall submit to the
Governor, to the General Assembly, and to the appropriate
budget agencies of the Governor and General Assembly its
analysis and recommendations on such budget proposals.
The Board is directed to form a broad-based group of
individuals representing the Office of the Governor, the
General Assembly, public institutions of higher education,
State agencies, business and industry, statewide organizations
representing faculty and staff, and others as the Board shall
deem appropriate to devise a system for allocating State
resources to public institutions of higher education based
upon performance in achieving State goals related to student
success and certificate and degree completion.
Beginning in Fiscal Year 2013, the Board of Higher
Education budget recommendations to the Governor and the
General Assembly shall include allocations to public
institutions of higher education based upon performance
metrics designed to promote and measure student success in
degree and certificate completion. Public university metrics
must be adopted by the Board by rule, and public community
college metrics must be adopted by the Illinois Community
College Board by rule. These metrics must be developed and
promulgated in accordance with the following principles:
(1) The metrics must be developed in consultation with
public institutions of higher education, as well as other
State educational agencies and other higher education
organizations, associations, interests, and stakeholders
as deemed appropriate by the Board.
(2) The metrics shall include provisions for
recognizing the demands on and rewarding the performance
of institutions in advancing the success of students who
are academically or financially at risk, including
first-generation students, low-income students, and
students traditionally underrepresented in higher
education, as specified in Section 9.16 of this Act.
(3) The metrics shall recognize and account for the
differentiated missions of institutions and sectors of
higher education.
(4) The metrics shall focus on the fundamental goal of
increasing completion of college courses, certificates,
and degrees. Performance metrics shall recognize the
unique and broad mission of public community colleges
through consideration of additional factors including, but
not limited to, enrollment, progress through key academic
milestones, transfer to a baccalaureate institution, and
degree completion.
(5) The metrics must be designed to maintain the
quality of degrees, certificates, courses, and programs.
In devising performance metrics, the Board may be guided by
the report of the Higher Education Finance Study Commission.
Each State university must submit its plan for capital
improvements of non-instructional facilities to the Board for
approval before final commitments are made if the total cost
of the project as approved by the institution's board of
control is in excess of $2 million. Non-instructional uses
shall include but not be limited to dormitories, union
buildings, field houses, stadium, other recreational
facilities and parking lots. The Board shall determine whether
or not any project submitted for approval is consistent with
the strategic plan for higher education and with instructional
buildings that are provided for therein. If the project is
found by a majority of the Board not to be consistent, such
capital improvement shall not be constructed.
(Source: P.A. 102-1046, eff. 6-7-22.)
Section 25. The Public Community College Act is amended by
changing Sections 2-7, 2-12, 2-15, 3-16, 3-19, 3-27.1, 3-29.8,
5-3, 5-4, 5-6, and 5-11 as follows:
(110 ILCS 805/2-7) (from Ch. 122, par. 102-7)
Sec. 2-7. The State Board shall recognize as a standing
advisory organization to the State Board an association of
community college boards authorized under Section 3-55 of this
Act and an advisory council authorized under subdivision (p)
of Section 2-12 of this Act. The State Board shall also
recognize a statewide organization representing community
college presidents and a statewide advisory organization
representing community college faculty as additional standing
advisory organizations. The State Board may recognize any
other statewide association, committee, or group as a standing
advisory organization that the State Board deems appropriate.
The State Board may appoint additional advisory committees, as
necessary. The the members of these committees of which shall
serve without compensation.
(Source: P.A. 96-910, eff. 7-1-10.)
(110 ILCS 805/2-12) (from Ch. 122, par. 102-12)
Sec. 2-12. The State Board shall have the power and it
shall be its duty:
(a) To provide statewide planning for community
colleges as institutions of higher education and to
coordinate the programs, services and activities of all
community colleges in the State so as to encourage and
establish a system of locally initiated and administered
comprehensive community colleges.
(b) To organize and conduct feasibility surveys for
new community colleges or for the inclusion of existing
institutions as community colleges and the locating of new
institutions.
(c) (Blank).
(c-5) In collaboration with the community colleges, to
furnish information for State and federal accountability
purposes, promote student and institutional improvement,
and meet research needs.
(d) To cooperate with the community colleges in
collecting and maintaining student characteristics,
enrollment and completion data, faculty and staff
characteristics, financial data, admission standards,
facility data qualification and certification of
facilities, and any other issues facing community
colleges.
(e) To enter into contracts with other governmental
agencies and eligible providers, such as local educational
agencies, community-based organizations of demonstrated
effectiveness, volunteer literacy organizations of
demonstrated effectiveness, institutions of higher
education, public and private nonprofit agencies,
libraries, and public housing authorities; to accept
federal funds and to plan with other State agencies when
appropriate for the allocation of such federal funds for
instructional programs and student services including such
funds for adult education and literacy, vocational and
career and technical education, and retraining as may be
allocated by state and federal agencies for the aid of
community colleges. To receive, receipt for, hold in
trust, expend and administer, for all purposes of this
Act, funds and other aid made available by the federal
government or by other agencies public or private, subject
to appropriation by the General Assembly. The changes to
this subdivision (e) made by Public Act 91-830 apply on
and after July 1, 2001.
(f) To determine efficient and adequate standards for
community colleges for the physical plant, heating,
lighting, ventilation, sanitation, safety, equipment and
supplies, instruction and teaching, curriculum, library,
operation, maintenance, and administration and
supervision, and to grant recognition certificates to
community colleges meeting such standards.
(g) To determine the standards for establishment of
community colleges and the proper location of the site in
relation to existing institutions of higher education
offering academic, occupational and technical training
curricula, possible enrollment, assessed valuation,
industrial, business, agricultural, and other conditions
reflecting educational needs in the area to be served;
however, no community college may be considered as being
recognized nor may the establishment of any community
college be authorized in any district which shall be
deemed inadequate for the maintenance, in accordance with
the desirable standards thus determined, of a community
college offering the basic subjects of general education
and suitable vocational and semiprofessional and technical
curricula.
(h) To approve or disapprove new units of instruction,
research or public service as defined in Section 3-25.1 of
this Act submitted by the boards of trustees of the
respective community college districts of this State. The
State Board may discontinue programs which fail to reflect
the educational needs of the area being served. The
community college district shall be granted 60 days
following the State Board staff recommendation and prior
to the State Board's action to respond to concerns
regarding the program in question. If the State Board acts
to abolish a community college program, the community
college district has a right to appeal the decision in
accordance with administrative rules promulgated by the
State Board under the provisions of the Illinois
Administrative Procedure Act.
(i) To review and approve or disapprove any contract
or agreement that community colleges enter into with any
organization, association, educational institution, or
government agency to provide educational services for
academic credit. The State Board is authorized to monitor
performance under any contract or agreement that is
approved by the State Board. If the State Board does not
approve a particular contract or agreement, the community
college district has a right to appeal the decision in
accordance with administrative rules promulgated by the
State Board under the provisions of the Illinois
Administrative Procedure Act. Nothing in this subdivision
(i) shall be interpreted as applying to collective
bargaining agreements with any labor organization.
(j) To establish guidelines regarding sabbatical
leaves.
(k) (Blank). To establish guidelines for the admission
into special, appropriate programs conducted or created by
community colleges for elementary and secondary school
dropouts who have received truant status from the school
districts of this State in compliance with Section 26-14
of the School Code.
(l) (Blank).
(m) (Blank).
(n) To create and participate in the conduct and
operation of any corporation, joint venture, partnership,
association, or other organizational entity that has the
power: (i) to acquire land, buildings, and other capital
equipment for the use and benefit of the community
colleges or their students; (ii) to accept gifts and make
grants for the use and benefit of the community colleges
or their students; (iii) to aid in the instruction and
education of students of community colleges; and (iv) to
promote activities to acquaint members of the community
with the facilities of the various community colleges.
(o) To ensure the effective teaching of adult learners
and to prepare them for success in employment and lifelong
learning by administering a network of providers,
programs, and services to provide classes for the
instruction of those individuals who (i) are 16 years of
age or older, are not enrolled or required to be enrolled
in a secondary school under State law, and are
basic-skills deficient, (ii) do not have a secondary
school diploma or its recognized equivalent and have not
achieved an equivalent level of education, or (iii) are an
English language learner. Classes in adult education may
include adult basic education, adult secondary and high
school equivalency testing education, high school credit,
literacy, English language acquisition, integrated
education and training in coordination with vocational
skills training, and any other instruction designed to
prepare adult students to function successfully in society
and to experience success in postsecondary education and
employment.
(p) To supervise the administration of adult education
and literacy programs, to establish the standards for such
courses of instruction and supervise the administration
thereof, to contract with other State and local agencies
and eligible providers of demonstrated effectiveness, such
as local educational agencies, community-based
organizations, volunteer literacy organizations,
institutions of higher education, public and private
nonprofit agencies, libraries, public housing authorities,
and nonprofit institutions for the purpose of promoting
and establishing classes for instruction under these
programs, to contract with other State and local agencies
to accept and expend appropriations for educational
purposes to reimburse local eligible providers for the
cost of these programs, and to establish an advisory
council consisting of all categories of eligible
providers; agency partners, such as the State Board of
Education, the Department of Human Services, the
Department of Employment Security, the Department of
Commerce and Economic Opportunity, and the Secretary of
State literacy program; and other stakeholders to
identify, deliberate, and make recommendations to the
State Board on adult education policy and priorities. The
State Board shall support statewide geographic
distribution; diversity of eligible providers; and the
adequacy, stability, and predictability of funding so as
not to disrupt or diminish, but rather to enhance, adult
education and literacy services.
(Source: P.A. 100-884, eff. 1-1-19; 101-81, eff. 7-12-19;
101-289, eff. 8-9-19.)
(110 ILCS 805/2-15) (from Ch. 122, par. 102-15)
Sec. 2-15. Recognition. The State Board shall grant
recognition to community colleges which maintain equipment,
courses of study, standards of scholarship and other
requirements set by the State Board. Application for
recognition shall be made to the State Board. The State Board
shall set the criteria by which the community colleges shall
be judged and through the executive officer of the State Board
shall arrange for an official evaluation of the community
colleges and shall grant recognition of such community
colleges as may meet the required standards.
Recognition shall include a review of compliance with
Section 3-65 of this Act and other applicable State and
federal laws regarding employment contracts and compensation.
Annually, the State Board shall convene an advisory committee
to review the findings and make recommendations for changes or
additions to the laws or the review procedures.
If a community college district fails to meet the
recognition standards set by the State Board, and if the
district, in accordance with: (a) generally accepted
Government Auditing Standards issued by the Comptroller
General of the United States, (b) auditing standards
established by the American Institute of Certified Public
Accountants, or (c) other applicable State and federal
standards, is found by the district's auditor or the State
Board working in cooperation with the district's auditor to
have material deficiencies in the design or operation of
financial control structures that could adversely affect the
district's financial integrity and stability, or is found to
have misused State or federal funds and jeopardized its
participation in State or federal programs, the State Board
may, notwithstanding any laws to the contrary, implement one
or more of the following emergency powers:
(1) To direct the district to develop and implement a
plan that addresses the budgetary, programmatic, and other
relevant factors contributing to the need to implement
emergency measures. The State Board shall assist in the
development and shall have final approval of the plan.
(2) To direct the district to contract for educational
services in accordance with Section 3-40. The State Board
shall assist in the development and shall have final
approval of any such contractual agreements.
(3) To approve and require revisions of the district's
budget.
(4) To appoint a Financial Administrator to exercise
oversight and control over the district's budget. The
Financial Administrator shall serve at the pleasure of the
State Board and may be an individual, partnership,
corporation, including an accounting firm, or other entity
determined by the State Board to be qualified to serve,
and shall be entitled to compensation. Such compensation
shall be provided through specific appropriations made to
the State Board for that express purpose.
(5) To develop and implement a plan providing for the
dissolution or reorganization of the district if in the
judgment of the State Board the circumstances so require.
All local funds under the control of the State Board as a
result of the dissolution or reorganization of the
district shall be expended by the State Board for purposes
of providing educational services in the territory from
which those local funds were acquired.
(Source: P.A. 99-691, eff. 1-1-17; 100-884, eff. 1-1-19.)
(110 ILCS 805/3-16) (from Ch. 122, par. 103-16)
Sec. 3-16. The academic term of community college
districts shall be determined by the community college board
in accordance with rules adopted by with the consent of the
State Board. However, days within such term designated for the
purpose of enrollment, testing, orientation or examination of
students and all days on which scheduled classes are held
shall be considered as days of student attendance. Classes may
be held on Saturdays, notwithstanding any other provisions of
this Act.
(Source: P.A. 78-669.)
(110 ILCS 805/3-19) (from Ch. 122, par. 103-19)
Sec. 3-19. Before entering upon his duties, each treasurer
shall execute a bond with 2 or more persons having an interest
in real estate who are not members of the board of the
district, or with a surety company authorized to do business
in this State, as sureties, payable to the board of the
community college district for which he is treasurer and
conditioned upon the faithful discharge of his duties. The
penalty of the bond shall be 25% of the amount of all bonds,
notes, mortgages, moneys, and effects of which the treasurer
is to have custody, whether individuals act as surety or
whether the surety is given by a surety authorized to do
business in this State. The penalty of the bond of the
treasurer shall be increased or decreased from time to time,
as the increase or decrease of the amount of notes, bonds,
mortgages, moneys and effects may require, and whenever in the
judgment of the State board the penalty of the bond should be
increased or decreased. The bond must be approved by at least a
majority of the board of the community college district and
filed with the State Board. A copy of the bond must also be
filed with the county clerk of each county in which any part of
the community college district is situated. The bond shall be
in substantially the following form:
STATE OF ILLINOIS)
) SS.
.......... COUNTY)
We, .... and .... are obligated, jointly and severally, to
the Board of Community College District No. ...., County (or
Counties) of .... and State of Illinois in the penal sum of
$...., for the payment of which we obligate ourselves, our
heirs, executors and administrators.
Dated (insert date).
The condition of this obligation is such that if ....,
treasurer in the district above stated, faithfully discharges
the duties of his or her office, according to law, and delivers
to his or her successor in office, after that successor has
qualified by giving bond as provided by law, all moneys,
books, papers, securities and property, which shall come into
his or her possession or control, as such treasurer, from the
date of his or her bond to the time that his or her successor
has qualified as treasurer, by giving such bond as is required
by law, then this obligation to be void; otherwise to remain in
full force and effect.
Signed:.....................
............................
............................
............................
Approved and accepted by Board of Community College
District No. .... County (or Counties) of .... and State of
Illinois. By .... Chairman .... Secretary
No part of any State or other district funds may be paid to
any treasurer or other persons authorized to receive it unless
the treasurer has filed his or her bond as required herein.
(Source: P.A. 92-167, eff. 7-26-01; 93-163, eff. 7-10-03.)
(110 ILCS 805/3-27.1) (from Ch. 122, par. 103-27.1)
Sec. 3-27.1. Contracts. To award all contracts for
purchase of supplies, materials or work involving an
expenditure in excess of $25,000 or a lower amount as required
by board policy to the lowest responsible bidder considering
conformity with specifications, terms of delivery, quality,
and serviceability; after due advertisement, except the
following: (a) contracts for the services of individuals
possessing a high degree of professional skill where the
ability or fitness of the individual plays an important part;
(b) contracts for the printing of finance committee reports
and departmental reports; (c) contracts for the printing or
engraving of bonds, tax warrants and other evidences of
indebtedness; (d) contracts for materials and work which have
been awarded to the lowest responsible bidder after due
advertisement, but due to unforeseen revisions, not the fault
of the contractor for materials and work, must be revised
causing expenditures not in excess of 10% of the contract
price; (e) contracts for the maintenance or servicing of, or
provision of repair parts for, equipment which are made with
the manufacturer or authorized service agent of that equipment
where the provision of parts, maintenance, or servicing can
best be performed by the manufacturer or authorized service
agent; (f) purchases and contracts for the use, purchase,
delivery, movement, or installation of data processing
equipment, software, or services and telecommunications and
inter-connect equipment, software, and services; (g) contracts
for duplicating machines and supplies; (h) contracts for the
purchase of natural gas when the cost is less than that offered
by a public utility; (i) purchases of equipment previously
owned by some entity other than the district itself; (j)
contracts for repair, maintenance, remodeling, renovation, or
construction, or a single project involving an expenditure not
to exceed $50,000 and not involving a change or increase in the
size, type, or extent of an existing facility; (k) contracts
for goods or services procured from another governmental
agency; (l) contracts for goods or services which are
economically procurable from only one source, such as for the
purchase of magazines, books, periodicals, pamphlets and
reports, and for utility services such as water, light, heat,
telephone or telegraph; (m) where funds are expended in an
emergency and such emergency expenditure is approved by 3/4 of
the members of the board; and (n) contracts for the purchase of
perishable foods and perishable beverages.
All competitive bids for contracts involving an
expenditure in excess of $25,000 or a lower amount as required
by board policy must be sealed by the bidder and must be opened
by a member or employee of the board at a public bid opening at
which the contents of the bids must be announced. Each bidder
must receive at least 3 days' notice of the time and place of
such bid opening. For purposes of this Section due
advertisement includes, but is not limited to, at least one
public notice at least 10 days before the bid date in a
newspaper published in the district, or if no newspaper is
published in the district, in a newspaper of general
circulation in the area of the district. Electronic bid
submissions shall be considered a sealed document for
competitive bid requests if they are received at the
designated office by the time and date set for receipt for
bids. However, bids for construction purposes are prohibited
from being submitted electronically. Electronic bid
submissions must be authorized by specific language in the bid
documents in order to be considered and must be opened in
accordance with electronic security measures in effect at the
community college at the time of opening. Unless the
electronic submission procedures provide for a secure receipt,
the vendor assumes the risk of premature disclosure due to
submission in an unsealed form.
The provisions of this Section do not apply to guaranteed
energy savings contracts entered into under Article V-A. The
provisions of this Section do not prevent a community college
from complying with the terms and conditions of a grant, gift,
or bequest that calls for the procurement of a particular good
or service, provided that the grant, gift, or bequest provides
all funding for the contract, complies with all applicable
laws, and does not interfere with or otherwise impair any
collective bargaining agreements the community college may
have with labor organizations.
(Source: P.A. 97-1031, eff. 8-17-12; 98-269, eff. 1-1-14.)
(110 ILCS 805/3-29.8)
Sec. 3-29.8. Administrator and faculty salary and
benefits; report. Each board of trustees shall report to the
State Board, on or before August July 1 of each year, the base
salary and benefits of the president or chief executive
officer of the community college and all administrators,
faculty members, and instructors employed by the community
college district. For the purposes of this Section, "benefits"
includes without limitation vacation days, sick days, bonuses,
annuities, and retirement enhancements.
(Source: P.A. 99-655, eff. 7-28-16.)
(110 ILCS 805/5-3) (from Ch. 122, par. 105-3)
Sec. 5-3. Community college districts desiring to
participate in the program authorized in Section 5-1 of this
Act shall make a written application to the State Board on
forms provided by such Board. The State Board shall evaluate
the need for the building purposes proposed. The State Board
may require the following information:
(a) Description of present facilities and those
planned for construction.
(b) Present community college enrollment.
(c) (Blank).
(d) Outline of community college curricula, including
vocational and technical education, present and proposed.
(e) District financial report including financing
plans demonstrating the district's ability to finance 25%
of the project costs for district's share of costs.
(f) Facts showing adequate standards for the physical
plant, heating, lighting, ventilation, sanitation, safety,
equipment and supplies, instruction and teaching,
curricula, library, operation, maintenance,
administration and supervision.
(g) Survey of the existing community college or
proposed community college service area and the proper
location of the site in relation to the existing
institutions of higher education offering
pre-professional, occupational and technical training
curricula. The factual survey must show the possible
enrollment, assessed valuation, industrial, business,
agricultural and other conditions reflecting educational
needs in the area to be served; however, no community
college will be authorized in any location which, on the
basis of the evidence supplied by the factual survey,
shall be deemed inadequate for the maintenance of
desirable standards for the offering of basic subjects of
general education, semiprofessional and technical
curricula.
(h) Such other information as the State Board may
require.
(Source: P.A. 100-884, eff. 1-1-19.)
(110 ILCS 805/5-4) (from Ch. 122, par. 105-4)
Sec. 5-4. Any community college district desiring to
participate in the program for new academic facilities shall
file an application with the State Board prior to such dates as
are designated by the State Board. The State Board in
providing priorities if such are needed because of limited
funds shall be regulated by objective criteria which shall be
such as will tend best to achieve the objectives of this
Article, while leaving opportunity and flexibility for the
development of standards and methods that will best
accommodate the varied needs of the community colleges in the
State. Basic criteria shall give special consideration to the
expansion of enrollment capacity and shall include
consideration of the degree to which the applicant districts
effectively utilize existing facilities and which allow the
Board, for priority purposes, to provide for the grouping in a
reasonable manner, the application for facilities according to
functional or educational type.
(Source: P.A. 100-884, eff. 1-1-19.)
(110 ILCS 805/5-6) (from Ch. 122, par. 105-6)
Sec. 5-6. Any community college district may, as a part of
its 25% contribution for building purposes, contribute real
property situated within the geographical boundaries of such
community college district at market value as determined at
the time the contribution is made to the Capital Development
Board in accordance with the program and budget, the plan as
approved by the State Board by 3 licensed appraisers, except
that where a community college district has acquired such
lands without cost or for a consideration substantially less
than the market value thereof at the time of acquisition, the
amount of the community college district's contribution for
the land shall be limited (a) to the difference, if any,
between the appraised market value at the time of acquisition
and the appraised market value at the time the contribution is
made to the Capital Development Board, if the grantor is the
Federal government, (except that no property acquired prior to
December 18, 1975 shall be affected by the provisions of this
Section), or any department, agency, board or commission
thereof or (b) to the actual amount, if any, of the
consideration paid for the land if the grantor is the State of
Illinois or any department, agency, board or commission
thereof.
In the event the highest appraisal exceeds the average of
the other two appraisals by more than 10%, such appraisal
shall not be considered in determining the market value of the
land and a new appraiser shall be appointed by the State Board,
who shall re-appraise the land. The re-appraisal shall then
become the third appraisal as required by this Section. The
cost of the appraisement shall be paid by the community
college district.
(Source: P.A. 100-884, eff. 1-1-19.)
(110 ILCS 805/5-11) (from Ch. 122, par. 105-11)
Sec. 5-11. Any public community college which subsequent
to July 1, 1972 but before July 1, 2016, commenced
construction of any facilities approved by the State Board and
the Illinois Board of Higher Education may, after completion
thereof, apply to the State for a grant for expenditures made
by the community college from its own funds for building
purposes for such facilities in excess of 25% of the cost of
such facilities as approved by the State Board and the
Illinois Board of Higher Education. Any public community
college that, on or after July 1, 2016, commenced construction
of any facilities approved by the State Board may, after
completion thereof, apply to the State for a grant for
expenditures made by the community college from its own funds
for building purposes for such facilities in excess of 25% of
the cost of such facilities as approved by the State Board. A
grant shall be contingent upon said community college having
otherwise complied with Sections 5-3, 5-4, 5-5 and 5-10 of
this Act.
If any payments or contributions of any kind which are
based upon, or are to be applied to, the cost of such
construction are received from the Federal government, or an
agency thereof, subsequent to receipt of the grant herein
provided, the amount of such subsequent payment or
contributions shall be paid over to the Capital Development
Board by the community college for deposit in the Capital
Development Bond Interest and Retirement Fund.
(Source: P.A. 99-655, eff. 7-28-16.)
(110 ILCS 805/5-5 rep.)
Section 30. The Public Community College Act is amended by
repealing Section 5-5.
(110 ILCS 983/20 rep.)
Section 35. The Know Before You Owe Private Education Loan
Act is amended by repealing Section 20.
Section 99. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance