Illinois School Code and Administrative Rules

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Presentation transcript:

Illinois School Code and Administrative Rules This presentation explains the difference between school code and administrative rules, how to locate rules, comment on a rule, and find school code. Illinois School Code and Administrative Rules Illinois State Board of Education – April, 2013

2)Illinois Administrative Code Illinois School Code 2)Illinois Administrative Code 1) Illinois School Code which is commonly referred to as “Code”. The Illinois School Code is reprinted from the Illinois Compiled Statutes annotated and the cumulative supplement as amended through Public Act. 2) 1) Illinois Administrative Code which is commonly referred to as “Rules”. The majority of the State Board’s rules can be found in Title 23 of the Illinois Administrative Code.

Definition of School Code Laws passed by the legislative branch of the state. School code are bills passed by the general assembly that become laws after they signed by the governor. Definition of School Code

Definition of Administrative Code or rules. Detailed operating procedures and regulations created by the state board of education. Administrative rules are operating principles or orders created by an office of the state under authority granted by the law. They are regulations that fill in the details of statutes that are written in a general sort of way. Rules are not actually enacted by the Legislature. Rather, the Legislature merely gives the state agency or unit the authority to establish its own rules. Administrative rules have the force and effect of law. Definition of Administrative Code or rules.

How to locate How to locate Illinois School code Illinois School Code

Illinois General Assembly page: http://www.ilga.gov/ The Illinois School code can be found on the Illinois General Assembly page: http://www.ilga.gov/ Illinois General Assembly page: http://www.ilga.gov/

Under the Legislation & Laws heading, locate Illinois Compiled Statutes and click on the title.

On the Illinois Compiled Statutes page, find the heading Education and click on the link Chapter 105 Schools.

On the Schools page, locate the heading Common Schools and click on 105 ILC 5/ School Code.

105 ILC 5/ School Code: http://www. ilga. gov/legislation/ilcs/ilcs3 Following this link leads directly to the school code.

Let’s locate Article 21B Educator Licensure; scroll down the page and click on the title.

The article and title appears with the name of the public act and the date it effectively became law. Underneath, are the section numbers and titles then the text. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. Public Acts are bills that have become law. The Illinois Compiled Statutes (ILCS) are a cumulative organization of Public Acts into a coherent framework. The version of the Illinois Compiled Statutes that appears on this site is updated on an ongoing basis. There are links for public acts in the left margin and at the top of each page.

How to Access the Illinois Administrative Code How to access the Illinois Administrative Code or the rules: “the rules”

Illinois State Board of Education : http://www.isbe.net Go to the Illinois State Board of Education homepage: http://www.isbe.net Illinois State Board of Education : http://www.isbe.net

Under the ISBE Info heading, find the Rules/Waivers link Under the ISBE Info heading, find the Rules/Waivers link. Click the left side for Rules.

-You will see two options: Rules Currently in Effect and, Proposed Rules and Amendments.

To view the current rules, select Rules Currently in Effect To view the current rules, select Rules Currently in Effect. This link will take you to a list of all the State Board's rules as they are currently in force.

The rules are listed by Part Number in the order of their appearance within the Illinois Administrative Code as a whole. You can click on the title of any set of rules to review the complete text.

For example: Let’s click on the title, Certification.

A pdf document for Part 25 Certification is opened A pdf document for Part 25 Certification is opened. On the left, there are book marks for each subpart which are ordered from lettered A through Z with a corresponding title.

Now choose a subpart. Let’s click the title, Subpart C: Approving Programs That Prepare Professional Educators in the State of Illinois. Notice that there is a section with a number and a title that appears. Section 25.110 System of Approval: Levels of Approval after it there is a notation that is has been Repealed. Under the title, the source of the information and the date is given. In this case, section 25.110 was repealed at 23 Illinois Reg. 7231, effective June 14, 1999.

Finally choose a section. Let’s scroll down to Section 25 Finally choose a section. Let’s scroll down to Section 25. 65 Alternative Certification. It is located on page 52 as indicated in the menu bar at the top. Rules are further organized by subsections having lower case letters and numbers.

Scrolling to the end of each rule shows the source and the date that rule went into effect. Amended means that only certain provisions of the rules at 25.65 were changed.

To find a proposed rule: go to the Rules homepage To find a proposed rule: go to the Rules homepage. Select proposed rules and amendments.

A chart having the proposed rules and amendments listed opens A chart having the proposed rules and amendments listed opens. As rulemaking actions are completed and changes take effect, items will be deleted from the top of the chart. As new rulemaking actions are initiated, they will be added to the bottom of the chart, along with their respective deadlines for public comment. On the left side of the chart: the title and number of the part is listed and on the right side of the chart the status is given. In the Status section: one of the four stages of the rule adoption process can be indicated: Public comment due Public comment period has ended; board adoption is pending Adopted by the board; JCAR review is pending JCAR review is complete; filing in imminent

Ways to make a public comment Send an e-mail: rules@isbe.net Use standard mail: Shelley Helton Agency Rules Coordinator ISBE 100 North First Street - S-493 Springfield, Illinois 62777-0001 When a proposed rule or an amendment to an existing rule has been written it is posted and made available for public comment. Public comment may be submitted on any item for which the deadline has not yet passed, either via e-mail (addressed to rules@isbe.net) or via standard mail (addressed to Shelley Helton, Agency Rules Coordinator, ISBE, 100 North First Street - S-493, Springfield, Illinois 62777-0001). Ways to make a public comment

To check the status of a proposed rule Proposed Rules and Amendments: www.isbe.net/rules/proposed/default.htm To check the status of a proposed rule or amendment after the comment period has already ended: go to the proposed rules page and view the column on the right. To check the status of a proposed rule

Part 25 Certification An example of a proposed amendment Let’s examine the Proposed Amendments to Part 25 (certification). An example of a proposed amendment

Click on the Text of Rulemaking link to view the Proposed Amendment to Part 25 (certification).

Clicking on the link Text of Rulemaking shows the proposed changes within the context of the rule. Words which will be deleted have a strike through them. Words that will be added to the rule are underscored.

If we take a look at the end of a proposed rule or amendment, we can see that the Reg. number, and effective date are blank because an entire rule has not been adopted or portions of an existing rule have not been amended.