HB0152 97TH GENERAL ASSEMBLY

LRB097 05654 NHT 45716 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0152

Introduced 1/18/2011, by Rep. Monique D. Davis

SYNOPSIS AS INTRODUCED:

New Act
20 ILCS 5/5-15	was 20 ILCS 5/3
20 ILCS 5/5-20	was 20 ILCS 5/4
20 ILCS 5/5-338 new
105 ILCS 5/1A-3.5 new
110 ILCS 205/5.5 new
110 ILCS 805/2-9.5 new

Creates the Department of Education Act and amends the Civil Administrative Code of Illinois, the School Code, the Board of Higher Education Act, and the Public Community College Act. Creates the Department of Education, with a Secretary of Education as its head. Provides that, in order to create continuity between all levels of education, the Department shall oversee the State Board of Education, the Board of Higher Education, and the Illinois Community College Board and coordinate and streamline the functions of these boards. Requires the Department to create an Elementary and Secondary Education Division and a Vocational Education Division within the Department. Requires the State Board of Education, the Board of Higher Education, and the Illinois Community College Board to report directly to the Department, to comply with all requests from the Department, and to exercise those powers and perform those duties assigned to whichever board by the Department, with the Elementary and Secondary Education Division being the appropriate authority with respect to matters regarding elementary and secondary education and the Vocational Education Division being the appropriate authority with respect to matters regarding vocational education.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

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

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

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

Section 10. General powers and duties.

(a) The Department shall begin operation on July 1, 2012. The Department shall exercise the rights, powers, duties, and functions provided by law.

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

(c) In order to create continuity between all levels of education, the Department shall oversee the State Board of Education, the Board of Higher Education, and the Illinois Community College Board and coordinate and streamline the functions of these boards.

(d) The Department shall create an Elementary and Secondary Education Division and a Vocational Education Division within the Department.

Section 90. The Civil Administrative Code of Illinois is amended by changing Sections 5-15 and 5-20 and by adding Section 5-338 as follows:

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

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

The Department on Aging.

The Department of Agriculture.

The Department of Central Management Services.

The Department of Children and Family Services.

The Department of Commerce and Economic Opportunity.

The Department of Corrections.

The Department of Education.

The Department of Employment Security.

The Illinois Emergency Management Agency.

The Department of Financial and Professional Regulation.

The Department of Healthcare and Family Services.

The Department of Human Rights.

The Department of Human Services.

The Illinois Power Agency.

The Department of Juvenile Justice.

The Department of Labor.

The Department of the Lottery.

The Department of Natural Resources.

The Department of Public Health.

The Department of Revenue.

The Department of State Police.

The Department of Transportation.

The Department of Veterans' Affairs.

(Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; 95-777, eff. 8-4-08; 96-328, eff. 8-11-09.)

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

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

The following officers are hereby created:

Director of Aging, for the Department on Aging.

Director of Agriculture, for the Department of Agriculture.

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

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

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

Director of Corrections, for the Department of Corrections.

Secretary of Education, for the Department of Education.

Director of the Illinois Emergency Management Agency, for the Illinois Emergency Management Agency.

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

Secretary of Financial and Professional Regulation, for the Department of Financial and Professional Regulation.

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

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

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

Director of the Illinois Power Agency, for the Illinois Power Agency.

Director of Juvenile Justice, for the Department of Juvenile Justice.

Director of Labor, for the Department of Labor.

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

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

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

Director of Revenue, for the Department of Revenue.

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

Secretary of Transportation, for the Department of Transportation.

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

(Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; 95-777, eff. 8-4-08; 96-328, eff. 8-11-09.)

(20 ILCS 5/5-338 new)

Sec. 5-338. In the Department of Education. The Secretary of Education shall receive an annual salary as set by the Compensation Review Board.

Section 95. The School Code is amended by adding Section 1A-3.5 as follows:

(105 ILCS 5/1A-3.5 new)

Sec. 1A-3.5. Report to Department of Education. The State Board of Education shall report directly to the Department of Education, shall comply with all requests from the Department of Education, and shall exercise those powers and perform those duties assigned to the State Board of Education by the Department of Education, with the Elementary and Secondary Education Division of the Department of Education being the appropriate authority with respect to matters regarding elementary and secondary education and the Vocational Education Division of the Department of Education being the appropriate authority with respect to matters regarding vocational education.

Section 100. The Board of Higher Education Act is amended by adding Section 5.5 as follows:

(110 ILCS 205/5.5 new)

Sec. 5.5. Report to Department of Education. The Board shall report directly to the Department of Education, shall comply with all requests from the Department of Education, and shall exercise those powers and perform those duties assigned to the Board by the Department of Education.

Section 105. The Public Community College Act is amended by adding Section 2-9.5 as follows:

(110 ILCS 805/2-9.5 new)

Sec. 2-9.5. Report to Department of Education. The State Board shall report directly to the Department of Education, shall comply with all requests from the Department of Education, and shall exercise those powers and perform those duties assigned to the State Board by the Department of Education, with the Vocational Education Division of the Department of Education being the appropriate authority with respect to matters regarding vocational education.