SB1622 98TH GENERAL ASSEMBLY

LRB098 09934 NHT 40092 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1622

Introduced 2/13/2013, by Sen. Michael Noland

SYNOPSIS AS INTRODUCED:

New Act

Creates the Education Ombudsman Act. Creates the Office of the Education Ombudsman within the Office of the Governor for the purposes of providing information to parents, students, and others regarding their rights and responsibilities with respect to this State's public elementary and secondary education system and advocating on behalf of elementary and secondary public school students. Requires the Governor to appoint an education ombudsman. Contains provisions concerning the qualifications of the education ombudsman, a 6-person legislative committee concerning the appointment, regional education ombudsmen, the powers and duties of the education ombudsman, immunity, confidentiality, and an annual report to the Governor, the General Assembly, and the State Board of 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 Education Ombudsman Act.

Section 5. Creation of office; appointment; regional education ombudsmen.

(a) There is created the Office of the Education Ombudsman within the Office of the Governor for the purposes of providing information to parents, students, and others regarding their rights and responsibilities with respect to this State's public elementary and secondary education system and advocating on behalf of elementary and secondary public school students.

(b) The Governor shall appoint an education ombudsman, who must be a person of recognized judgment, independence, objectivity, and integrity and must be qualified by training or experience or both in all of the following areas:

(1) Public education law and policy in this State.

(2) Dispute resolution or problem resolution techniques, including mediation and negotiation.

(3) Community outreach.

The education ombudsman may not be an employee of any school district, the Office of the State Superintendent of Education, or the State Board of Education while serving as an education ombudsman.

Before the appointment of the education ombudsman, the Governor shall share information regarding the appointment to a 6-person legislative committee appointed and comprised as follows:

(1) The committee shall consist of 3 Senators and 3 Representatives of the General Assembly.

(2) The Senate members of the committee shall be appointed by the President of the Senate. Two members shall represent the majority caucus, and one member shall represent the minority caucus.

(3) The House of Representatives members of the committee shall be appointed by the Speaker of the House of Representatives. Two members shall represent the majority caucus, and one member shall represent the minority caucus.

(c) If sufficient appropriations are provided, the education ombudsman shall delegate and certify regional education ombudsmen. The education ombudsman shall ensure that the regional ombudsmen selected are appropriate to the community in which they serve and hold the same qualifications as the education ombudsman under subsection (b) of this Section. The education ombudsman may not contract with the State Superintendent of Education or State Board of Education or any school, school district, or current employee of a school, a school district, the Office of the State Superintendent of Education, or the State Board of Education for the provision of regional ombudsman services.

Section 10. Powers and duties. The education ombudsman shall have all of the following powers and duties:

(1) To develop parental involvement materials, including instructional guides developed to inform parents of the essential academic learning requirements required by the State Board of Education. The instructional guides shall also contain actions parents may take to assist their children in meeting the requirements and should focus on reaching parents who have not previously been involved with their children's education.

(2) To provide information to students, parents, and interested members of the public regarding this State's public elementary and secondary education system.

(3) To identify obstacles to greater parent and community involvement in school-shared, decision-making processes and recommend strategies for helping parents and community members to participate effectively in school-shared, decision-making processes, including understanding and respecting the roles of school building administrators and staff.

(4) To identify and recommend strategies for improving the success rates of ethnic and racial student groups with disproportionate academic achievement.

(5) To refer complainants and others to appropriate resources, agencies, or departments.

(6) To facilitate the resolution of complaints made by parents and students with regard to this State's public elementary and secondary education system.

(7) To perform such other functions consistent with the purposes of the education ombudsman.

(8) To consult with representatives of organizations and groups regarding the work of the Office of the Education Ombudsman, including without limitation all of the following:

(A) A State parent-teacher association.

(B) Licensed and classified school employees.

(C) School and school district administrators.

(D) Parents of special education students.

(E) Parents of English language learners.

(F) A State organization on Hispanic affairs.

(G) A State organization on African-American affairs.

(H) A State organization on Asian-Pacific American affairs.

(I) A State organization on Native American affairs.

Section 15. Immunity.

(a) Neither the education ombudsman nor any regional educational ombudsmen are liable for good faith performance of their responsibilities under this Act.

(b) No discriminatory, disciplinary, or retaliatory action may be taken against any student or employee of any school district, the Office of the State Superintendent of Education, or the State Board of Education for any communication made or information given or disclosed to aid the education ombudsman in carrying out his or her duties and responsibilities, unless the same was done without good faith or maliciously. This subsection (b) is not intended to infringe upon the rights of a school district to supervise, discipline, or terminate an employee for other reasons or to discipline a student for other reasons.

(c) All communications by the education ombudsman or the ombudsman's staff or a designee, if reasonably related to the education ombudsman's duties and responsibilities and if done in good faith, are privileged, and that privilege shall serve as a defense to any action in libel or slander.

Section 20. Confidentiality. The education ombudsman shall treat all matters, including the identities of students, complainants, and individuals from whom information is acquired, as confidential, except as necessary to enable the education ombudsman to perform the duties of the office. Upon receipt of information that by law is confidential or privileged, the ombudsman shall maintain the confidentiality of such information and shall not further disclose or disseminate the information, except as provided by applicable State or federal law.

Section 25. Annual report. The education ombudsman shall report on the work and accomplishment of the Office of the Education Ombudsman and advise and make recommendations to the Governor, the General Assembly, and the State Board of Education annually. The initial report to the Governor, the General Assembly, and the State Board of Education shall be made on or before September 1, 2015, and there shall be an annual report on or before September 1st of each year thereafter. The annual report shall provide at least all of the following information:

(1) How the education ombudsman's services have been used and by whom.

(2) Methods for the education ombudsman to increase and enhance family and community involvement in public education.

(3) Recommendations to eliminate barriers and obstacles to meaningful family and community involvement in public education.

(4) Strategies to improve the educational opportunities for all students in this State, including recommendations from organizations and groups under Section 10 of this Act.