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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing
Section | |||||||||||||||||||
5 | 1A-4 as follows:
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6 | (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
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7 | Sec. 1A-4. Powers and duties of the Board.
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8 | A. Upon the appointment of new Board members as provided in | |||||||||||||||||||
9 | subsection (b)
of
Section 1A-1 of this Code and every 2 years | |||||||||||||||||||
10 | thereafter, the chairperson of
the Board shall
be selected by | |||||||||||||||||||
11 | the
Governor, with the advice and consent of the Senate, from | |||||||||||||||||||
12 | the membership of the
Board to serve as chairperson for 2 | |||||||||||||||||||
13 | years.
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14 | B. The Board shall determine the qualifications of and | |||||||||||||||||||
15 | appoint a
chief education officer to be known as the State | |||||||||||||||||||
16 | Superintendent of
Education who shall serve at the pleasure of | |||||||||||||||||||
17 | the Board and pursuant to a
performance-based contract linked | |||||||||||||||||||
18 | to statewide student performance and academic
improvement | |||||||||||||||||||
19 | within Illinois schools. No performance-based
contract issued | |||||||||||||||||||
20 | for the employment of the State Superintendent of
Education | |||||||||||||||||||
21 | shall be for a term longer than 3 years and no contract
shall | |||||||||||||||||||
22 | be
extended or renewed prior to its scheduled expiration unless | |||||||||||||||||||
23 | the performance
and improvement goals contained in the contract | |||||||||||||||||||
24 | have been met. The State
Superintendent of Education shall not | |||||||||||||||||||
25 | serve as a member of the State
Board of Education. The Board | |||||||||||||||||||
26 | shall set the compensation of the State
Superintendent of | |||||||||||||||||||
27 | Education who shall serve as the Board's chief
executive | |||||||||||||||||||
28 | officer. The Board shall also establish the duties, powers and
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29 | responsibilities of the State Superintendent, which shall be | |||||||||||||||||||
30 | included in the
State Superintendent's performance-based | |||||||||||||||||||
31 | contract along with the goals and
indicators of student | |||||||||||||||||||
32 | performance and academic improvement used to measure the
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1 | performance and effectiveness of the State Superintendent.
The | ||||||
2 | State Board of Education may delegate
to the State | ||||||
3 | Superintendent of Education the authority to act on the Board's
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4 | behalf, provided such delegation is made pursuant to adopted | ||||||
5 | board policy
or the powers delegated are ministerial in nature. | ||||||
6 | The State Board may
not delegate authority under this Section | ||||||
7 | to the State Superintendent to
(1) nonrecognize school | ||||||
8 | districts, (2) withhold State payments as a penalty,
or (3) | ||||||
9 | make final decisions under the contested case provisions of the | ||||||
10 | Illinois
Administrative Procedure Act unless otherwise | ||||||
11 | provided by law.
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12 | C. The powers and duties of the State Board of Education | ||||||
13 | shall encompass all
duties delegated to the Office of | ||||||
14 | Superintendent of Public Instruction on
January 12, 1975, | ||||||
15 | except as the law providing for such powers and duties is
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16 | thereafter amended, and such other powers and duties as the | ||||||
17 | General Assembly
shall designate. The Board shall be | ||||||
18 | responsible for the educational policies
and guidelines for | ||||||
19 | public schools, pre-school through grade
12 and Vocational | ||||||
20 | Education in the State of Illinois. The Board shall
analyze the | ||||||
21 | present and future aims, needs, and requirements of
education | ||||||
22 | in the State of Illinois and recommend to the General Assembly
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23 | the powers which should be exercised by the Board. The Board | ||||||
24 | shall
recommend the passage and the legislation necessary to | ||||||
25 | determine the
appropriate relationship between the Board and | ||||||
26 | local boards of education
and the various State agencies and | ||||||
27 | shall recommend desirable
modifications in the laws which | ||||||
28 | affect schools.
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29 | D. Two members of the Board shall be appointed by the | ||||||
30 | chairperson
to serve on a standing joint Education Committee, 2 | ||||||
31 | others shall be
appointed from the Board of Higher Education, 2
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32 | others shall be appointed by the chairperson of the
Illinois | ||||||
33 | Community College Board, and 2 others shall be appointed by the
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34 | chairperson of the Human Resource Investment Council. The
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35 | Committee shall be
responsible for making recommendations | ||||||
36 | concerning the submission of any
workforce development plan or |
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1 | workforce training program required by federal
law or under any | ||||||
2 | block grant authority. The Committee will be
responsible for | ||||||
3 | developing policy on matters of mutual concern to
elementary, | ||||||
4 | secondary and higher education such as Occupational and
Career | ||||||
5 | Education, Teacher Preparation and Certification, Educational
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6 | Finance, Articulation between Elementary, Secondary and Higher | ||||||
7 | Education
and Research and Planning. The joint Education | ||||||
8 | Committee shall meet at
least quarterly and submit an annual | ||||||
9 | report of its findings,
conclusions, and recommendations to the | ||||||
10 | State Board of Education, the Board of
Higher Education, the | ||||||
11 | Illinois Community College Board,
the Human Resource | ||||||
12 | Investment Council, the Governor, and the
General
Assembly. All | ||||||
13 | meetings of this Committee shall be official meetings for
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14 | reimbursement under this Act.
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15 | E. Five members of the Board shall constitute a quorum. A
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16 | majority
vote of the members appointed, confirmed and serving | ||||||
17 | on the Board is
required to approve any action.
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18 | The Board shall prepare and submit to the General Assembly | ||||||
19 | and the
Governor on or before January 14, 1976 and annually | ||||||
20 | thereafter a report
or reports of its findings and | ||||||
21 | recommendations. Such annual report shall
contain a separate | ||||||
22 | section which provides a critique and analysis of the
status of | ||||||
23 | education in Illinois and which identifies its specific | ||||||
24 | problems
and recommends express solutions therefor.
Such | ||||||
25 | annual report also shall contain the following information for | ||||||
26 | the
preceding year ending on June 30: each act or omission of a | ||||||
27 | school district
of which the State Board of Education has | ||||||
28 | knowledge as a consequence of
scheduled, approved visits and | ||||||
29 | which constituted a
failure by the district to comply with | ||||||
30 | applicable State or federal laws or
regulations relating to | ||||||
31 | public education, the name of such district, the date
or dates | ||||||
32 | on which the State Board of Education notified the school | ||||||
33 | district of
such act or omission, and what action, if any, the | ||||||
34 | school district took with
respect thereto after being notified | ||||||
35 | thereof by the State Board of Education.
The report shall also | ||||||
36 | include the statewide high school dropout rate by
grade level, |
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1 | sex and race and the annual student dropout rate of and the
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2 | number of students who graduate from, transfer from or | ||||||
3 | otherwise leave
bilingual programs. The Auditor General shall | ||||||
4 | annually perform a
compliance audit of the State Board of | ||||||
5 | Education's performance of the
reporting duty imposed by this | ||||||
6 | amendatory Act of 1986. A regular system of
communication with | ||||||
7 | other directly related State agencies shall be
implemented.
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8 | The requirement for reporting to the General Assembly shall | ||||||
9 | be satisfied
by filing copies of the report with the Speaker, | ||||||
10 | the Minority Leader and
the Clerk of the House of | ||||||
11 | Representatives and the President, the Minority
Leader and the | ||||||
12 | Secretary of the Senate and the Legislative Council, as | ||||||
13 | required
by Section 3.1 of the General
Assembly Organization | ||||||
14 | Act, and
filing such additional
copies with the State | ||||||
15 | Government Report Distribution Center for the General
Assembly | ||||||
16 | as is required under paragraph (t) of Section 7 of the State | ||||||
17 | Library
Act.
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18 | (Source: P.A. 89-430, eff. 12-15-95; 89-610, eff. 8-6-96; | ||||||
19 | 89-698, eff.
1-14-97; 90-548, eff. 1-1-98.)
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