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SB2266 |
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LRB093 18531 NHT 44251 b |
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| (Source: P.A. 93-25, eff. 6-20-03.)
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| (20 ILCS 5/5-20) (was 20 ILCS 5/4)
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| Sec. 5-20. Heads of departments. Each department shall have |
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| an
officer as its head who shall
be known as director or |
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| secretary and who shall, subject to the
provisions of the Civil |
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| Administrative Code of Illinois,
execute the powers and |
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| discharge the duties
vested by law in his or her respective |
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| department.
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| The following officers are hereby created:
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| Director of Aging, for the Department on Aging.
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| Director of Agriculture, for the Department of |
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| Agriculture.
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| Director of Central Management Services, for the |
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| Department of Central
Management Services.
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| Director of Children and Family Services, for the |
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| Department of Children and
Family Services.
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| Director of Commerce and Economic Opportunity, for
the |
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| Department of Commerce
and Economic Opportunity.
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| Director of Corrections, for the Department of |
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| Corrections.
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| Secretary of Education, for the Department of Education.
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| Director of Employment Security, for the Department of |
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| Employment Security.
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| Director of Financial Institutions, for the Department of |
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| Financial
Institutions.
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| Director of Human Rights, for the Department of Human |
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| Rights.
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| Secretary of Human Services, for the Department of Human |
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| Services.
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| Director of Insurance, for the Department of Insurance.
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| Director of Labor, for the Department of Labor.
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| Director of the Lottery, for the Department of the Lottery.
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| Director of Natural Resources, for the Department of |
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| Natural Resources.
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| Director of Nuclear Safety, for the Department of Nuclear |
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LRB093 18531 NHT 44251 b |
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| Safety.
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| Director of Professional Regulation, for the Department of |
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| Professional
Regulation.
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| Director of Public Aid, for the Department of Public Aid.
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| Director of Public Health, for the Department of Public |
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| Health.
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| Director of Revenue, for the Department of Revenue.
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| Director of State Police, for the Department of State |
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| Police.
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| Secretary of Transportation, for the Department of |
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| Transportation.
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| Director of Veterans' Affairs, for the Department of |
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| Veterans' Affairs.
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| (Source: P.A. 93-25, eff. 6-20-03.)
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| (20 ILCS 5/5-338 new)
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| Sec. 5-338. In the Department of Education. The Secretary |
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| of
Education shall receive an annual salary as set by the |
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| Governor from
time to time or as set by the Compensation Review |
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| Board, whichever is
greater.
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| Section 10. The School Code is amended by adding Section |
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| 1A-0.01 and
changing
Section 1A-4 as follows:
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| (105 ILCS 5/1A-0.01 new)
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| Sec. 1A-0.01. Former State Board of Education and State
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| Superintendent of Education.
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| (a) On the effective date of this amendatory Act of the |
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| 93rd
General Assembly, all powers and duties of the State Board |
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| of Education
shall be transferred to the Department of |
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| Education and all powers and
duties of the State Superintendent |
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| of Education shall be transferred to
the Secretary of |
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| Education.
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| (b) References in this Code or any other law to the State |
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| Board of
Education shall be deemed to refer to the Department |
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| of Education.
References in this Code or any other law to the |
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| State Superintendent of
Education shall be deemed to refer to |
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| the Secretary of Education.
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| (c) All rules, standards, and procedures adopted by the |
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| State
Board of Education shall continue in effect as the rules, |
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| standards, and
procedures of the Department of Education, until |
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| they are modified or
abolished by the Department. All rules, |
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| standards, and procedures
adopted by the State Superintendent |
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| of Education shall continue in
effect as the rules, standards, |
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| and procedures of the Secretary of
Education, until they are |
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| modified or abolished by the Secretary.
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| (d) All books, records, funds, and other property of any |
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| kind or
nature belonging or in any way appertaining to the |
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| State Board of
Education shall be transferred and paid over to |
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| the Department of
Education. All books, records, funds, and |
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| other property of any kind or
nature belonging or in any way |
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| appertaining to the State Superintendent
of Education shall be |
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| transferred and paid over to the Secretary of
Education.
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| (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
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| Sec. 1A-4. Powers and duties of the Board.
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| A. (Blank).
Upon the appointment of new Board members as |
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| provided in
subsection (b)
of
Section 1A-1 and every 2 years |
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| thereafter, the chairperson of the Board shall
be selected by |
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| the
Governor, with the advice and consent of the Senate, from |
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| the membership of the
Board to serve as chairperson for 2 |
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| years.
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| B. (Blank).
The Board shall determine the qualifications of |
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| and
appoint a
chief education officer to be known as the State |
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| Superintendent of
Education who shall serve at the pleasure of |
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| the Board and pursuant to a
performance-based contract linked |
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| to statewide student performance and academic
improvement |
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| within Illinois schools. No performance-based
contract issued |
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| for the employment of the State Superintendent of
Education |
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| shall be for a term longer than 3 years and no contract
shall |
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| be
extended or renewed prior to its scheduled expiration unless |
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| the performance
and improvement goals contained in the contract |
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| have been met. The State
Superintendent of Education shall not |
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| serve as a member of the State
Board of Education. The Board |
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| shall set the compensation of the State
Superintendent of |
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| Education who shall serve as the Board's chief
executive |
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| officer. The Board shall also establish the duties, powers and
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| responsibilities of the State Superintendent, which shall be |
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| included in the
State Superintendent's performance-based |
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| contract along with the goals and
indicators of student |
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| performance and academic improvement used to measure the
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| performance and effectiveness of the State Superintendent.
The |
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| State Board of Education may delegate
to the State |
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| Superintendent of Education the authority to act on the Board's
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| behalf, provided such delegation is made pursuant to adopted |
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| board policy
or the powers delegated are ministerial in nature. |
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| The State Board may
not delegate authority under this Section |
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| to the State Superintendent to
(1) nonrecognize school |
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| districts, (2) withhold State payments as a penalty,
or (3) |
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| make final decisions under the contested case provisions of the |
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| Illinois
Administrative Procedure Act unless otherwise |
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| provided by law.
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| C. The powers and duties of the State Board of Education |
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| shall encompass all
duties delegated to the Office of |
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| Superintendent of Public Instruction on
January 12, 1975, |
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| except as the law providing for such powers and duties is
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| thereafter amended, and such other powers and duties as the |
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| General Assembly
shall designate. The Board shall be |
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| responsible for the educational policies
and guidelines for |
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| public schools, pre-school through grade
12 and Vocational |
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| Education in the State of Illinois. The Board shall
analyze the |
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| present and future aims, needs, and requirements of
education |
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| in the State of Illinois and recommend to the General Assembly
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| the powers which should be exercised by the Board. The Board |
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| shall
recommend the passage and the legislation necessary to |
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| determine the
appropriate relationship between the Board and |
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| local boards of education
and the various State agencies and |
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| shall recommend desirable
modifications in the laws which |
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LRB093 18531 NHT 44251 b |
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| affect schools.
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| D. Two members of the Board shall be appointed by the |
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| chairperson
to serve on a standing joint Education Committee, 2 |
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| others shall be
appointed from the Board of Higher Education, 2
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| others shall be appointed by the chairperson of the
Illinois |
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| Community College Board, and 2 others shall be appointed by the
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| chairperson of the Human Resource Investment Council. The
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| Committee shall be
responsible for making recommendations |
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| concerning the submission of any
workforce development plan or |
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| workforce training program required by federal
law or under any |
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| block grant authority. The Committee will be
responsible for |
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| developing policy on matters of mutual concern to
elementary, |
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| secondary and higher education such as Occupational and
Career |
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| Education, Teacher Preparation and Certification, Educational
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| Finance, Articulation between Elementary, Secondary and Higher |
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| Education
and Research and Planning. The joint Education |
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| Committee shall meet at
least quarterly and submit an annual |
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| report of its findings,
conclusions, and recommendations to the |
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| State Board of Education, the Board of
Higher Education, the |
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| Illinois Community College Board,
the Human Resource |
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| Investment Council, the Governor, and the
General
Assembly. All |
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| meetings of this Committee shall be official meetings for
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| reimbursement under this Act.
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| E. Five members of the Board shall constitute a quorum. A
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| majority
vote of the members appointed, confirmed and serving |
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| on the Board is
required to approve any action.
The Board shall |
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| prepare and submit to the General Assembly and the
Governor on |
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| or before January 14, 1976 and annually thereafter a report
or |
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| reports of its findings and recommendations. Such annual report |
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| shall
contain a separate section which provides a critique and |
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| analysis of the
status of education in Illinois and which |
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| identifies its specific problems
and recommends express |
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| solutions therefor.
Such annual report also shall contain the |
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| following information for the
preceding year ending on June 30: |
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| each act or omission of a school district
of which the State |
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| Board of Education has knowledge as a consequence of
scheduled, |
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LRB093 18531 NHT 44251 b |
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| approved visits and which constituted a
failure by the district |
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| to comply with applicable State or federal laws or
regulations |
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| relating to public education, the name of such district, the |
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| date
or dates on which the State Board of Education notified |
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| the school district of
such act or omission, and what action, |
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| if any, the school district took with
respect thereto after |
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| being notified thereof by the State Board of Education.
The |
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| report shall also include the statewide high school dropout |
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| rate by
grade level, sex and race and the annual student |
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| dropout rate of and the
number of students who graduate from, |
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| transfer from or otherwise leave
bilingual programs. The |
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| Auditor General shall annually perform a
compliance audit of |
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| the State Board of Education's performance of the
reporting |
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| duty imposed by this amendatory Act of 1986. A regular system |
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| of
communication with other directly related State agencies |
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| shall be
implemented.
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| The requirement for reporting to the General Assembly shall |
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| be satisfied
by filing copies of the report with the Speaker, |
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| the Minority Leader and
the Clerk of the House of |
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| Representatives and the President, the Minority
Leader and the |
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| Secretary of the Senate and the Legislative Council, as |
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| required
by Section 3.1 of the General
Assembly Organization |
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| Act, and
filing such additional
copies with the State |
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| Government Report Distribution Center for the General
Assembly |
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| as is required under paragraph (t) of Section 7 of the State |
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| Library
Act.
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| (Source: P.A. 89-430, eff. 12-15-95; 89-610, eff. 8-6-96; |
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| 89-698, eff.
1-14-97; 90-548, eff. 1-1-98.)
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| (105 ILCS 5/1A-1 rep.)
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| (105 ILCS 5/1A-2 rep.)
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| (105 ILCS 5/1A-2.1 rep.)
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| Section 15. The School Code is amended by repealing |
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| Sections 1A-1, 1A-2, and
1A-2.1.
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