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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,
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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. (Blank).
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9 | B. The Board shall determine the qualifications of and | ||||||
10 | appoint a
chief education officer, to be known as the State | ||||||
11 | Superintendent of
Education, who may be proposed by the | ||||||
12 | Governor and who shall serve at the pleasure of the Board and | ||||||
13 | pursuant to a
performance-based contract linked to statewide | ||||||
14 | student performance and academic
improvement within Illinois | ||||||
15 | schools. Upon expiration or buyout of the contract of the State | ||||||
16 | Superintendent of Education in office on the effective date of | ||||||
17 | this amendatory Act of the 93rd General Assembly, a State | ||||||
18 | Superintendent of Education shall be appointed by a State Board | ||||||
19 | of Education that includes the 7 new Board members who were | ||||||
20 | appointed to fill seats of members whose terms were terminated | ||||||
21 | on the effective date of this amendatory Act of the 93rd | ||||||
22 | General Assembly. Thereafter, a State Superintendent of | ||||||
23 | Education must, at a minimum, be appointed at the beginning of |
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1 | each term of a Governor after that Governor has made | ||||||
2 | appointments to the Board. A performance-based
contract issued | ||||||
3 | for the employment of a State Superintendent of
Education | ||||||
4 | entered into on or after the effective date of this amendatory | ||||||
5 | Act of the 93rd General Assembly must expire no later than | ||||||
6 | February 1, 2007, and subsequent contracts must expire no later | ||||||
7 | than February 1 each 4 years thereafter. No contract
shall be
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8 | extended or renewed beyond February 1, 2007 and February 1 each | ||||||
9 | 4 years thereafter, but a State Superintendent of Education | ||||||
10 | shall serve until his or her successor is appointed. Each | ||||||
11 | contract entered into on or before January 8, 2007 with a State | ||||||
12 | Superintendent of Education must provide that the State Board | ||||||
13 | of Education may terminate the contract for cause, and the | ||||||
14 | State Board of Education shall not thereafter be liable for | ||||||
15 | further payments under the contract. With regard to this | ||||||
16 | amendatory Act of the 93rd General Assembly, it is the intent | ||||||
17 | of the General Assembly that, beginning with the Governor who | ||||||
18 | takes office on the second Monday of January, 2007, a State | ||||||
19 | Superintendent of Education be appointed at the beginning of | ||||||
20 | each term of a Governor after that Governor has made | ||||||
21 | appointments to the Board. The State
Superintendent of | ||||||
22 | Education shall not serve as a member of the State
Board of | ||||||
23 | Education. The Board shall set the compensation of the State
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24 | Superintendent of Education who shall serve as the Board's | ||||||
25 | chief
executive officer. The Board shall also establish the | ||||||
26 | duties, powers and
responsibilities of the State |
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1 | Superintendent, which shall be included in the
State | ||||||
2 | Superintendent's performance-based contract along with the | ||||||
3 | goals and
indicators of student performance and academic | ||||||
4 | improvement used to measure the
performance and effectiveness | ||||||
5 | of the State Superintendent.
The State Board of Education may | ||||||
6 | delegate
to the State Superintendent of Education the authority | ||||||
7 | to act on the Board's
behalf, provided such delegation is made | ||||||
8 | pursuant to adopted board policy
or the powers delegated are | ||||||
9 | ministerial in nature. The State Board may
not delegate | ||||||
10 | authority under this Section to the State Superintendent to
(1) | ||||||
11 | nonrecognize school districts, (2) withhold State payments as a | ||||||
12 | penalty,
or (3) make final decisions under the contested case | ||||||
13 | provisions of the Illinois
Administrative Procedure Act unless | ||||||
14 | otherwise provided by law.
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15 | C. The powers and duties of the State Board of Education | ||||||
16 | shall encompass all
duties delegated to the Office of | ||||||
17 | Superintendent of Public Instruction on
January 12, 1975, | ||||||
18 | except as the law providing for such powers and duties is
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19 | thereafter amended, and such other powers and duties as the | ||||||
20 | General Assembly
shall designate. The Board shall be | ||||||
21 | responsible for the educational policies
and guidelines for | ||||||
22 | public schools, pre-school through grade
12 and Vocational | ||||||
23 | Education in the State of Illinois. The Board shall
analyze the | ||||||
24 | present and future aims, needs, and requirements of
education | ||||||
25 | in the State of Illinois and recommend to the General Assembly
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26 | the powers which should be exercised by the Board. The Board |
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1 | shall
recommend the passage and the legislation necessary to | ||||||
2 | determine the
appropriate relationship between the Board and | ||||||
3 | local boards of education
and the various State agencies and | ||||||
4 | shall recommend desirable
modifications in the laws which | ||||||
5 | affect schools.
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6 | D. Two members of the Board shall be appointed by the | ||||||
7 | chairperson
to serve on a standing joint Education Committee, 2 | ||||||
8 | others shall be
appointed from the Board of Higher Education, 2
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9 | others shall be appointed by the chairperson of the
Illinois | ||||||
10 | Community College Board, and 2 others shall be appointed by the
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11 | chairperson of the Human Resource Investment Council. The
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12 | Committee shall be
responsible for making recommendations | ||||||
13 | concerning the submission of any
workforce development plan or | ||||||
14 | workforce training program required by federal
law or under any | ||||||
15 | block grant authority. The Committee will be
responsible for | ||||||
16 | developing policy on matters of mutual concern to
elementary, | ||||||
17 | secondary and higher education such as Occupational and
Career | ||||||
18 | Education, Teacher Preparation and Certification, Educational
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19 | Finance, Articulation between Elementary, Secondary and Higher | ||||||
20 | Education
and Research and Planning. The joint Education | ||||||
21 | Committee shall meet at
least quarterly and submit an annual | ||||||
22 | report of its findings,
conclusions, and recommendations to the | ||||||
23 | State Board of Education, the Board of
Higher Education, the | ||||||
24 | Illinois Community College Board,
the Human Resource | ||||||
25 | Investment Council, the Governor, and the
General
Assembly. All | ||||||
26 | meetings of this Committee shall be official meetings for
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1 | reimbursement under this Act. On the effective date of this | ||||||
2 | amendatory Act of the 95th General Assembly, the Joint | ||||||
3 | Education Committee is abolished.
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4 | D-5. In this subsection D-5, "total estimated fiscal | ||||||
5 | impact" means the annual fiscal impact of a recommendation on | ||||||
6 | all affected entities after the recommendation is fully | ||||||
7 | implemented. | ||||||
8 | The Board shall create a P-20 Council, which must be a | ||||||
9 | permanent body and working group. The P-20 Council shall | ||||||
10 | consist of the following members: | ||||||
11 | (1) Four business and community leaders. | ||||||
12 | (2) Two persons from the elementary and secondary | ||||||
13 | education community. | ||||||
14 | (3) One higher education member. | ||||||
15 | (4) One community college member.
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16 | (5) One member appointed by the President of the | ||||||
17 | Senate.
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18 | (6) One member appointed by the Minority Leader of the | ||||||
19 | Senate.
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20 | (7) One member appointed by the Speaker of the House of | ||||||
21 | Representatives.
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22 | (8) One member appointed by the Minority Leader of the | ||||||
23 | House of Representatives.
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24 | (9) The Governor or his or her designee.
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25 | A member of the P-20 council is not entitled to a salary | ||||||
26 | per diem. A member of the P-20 Council is entitled to |
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1 | reimbursement for traveling expenses and other expenses | ||||||
2 | actually incurred in connection with the member's duties, as | ||||||
3 | provided in State travel policies and procedures established by | ||||||
4 | the State Board of Education and approved by the State Board of | ||||||
5 | Education. | ||||||
6 | The P-20 Council shall have all of the following duties: | ||||||
7 | (a) To coordinate prekindergarten through grade 20 | ||||||
8 | education in this State. | ||||||
9 | (b) To begin the process of aligning educational | ||||||
10 | programs. | ||||||
11 | (c) To articulate a framework for systemic educational | ||||||
12 | improvement that will enable every student to meet or | ||||||
13 | exceed Illinois learning standards and be well-prepared to | ||||||
14 | succeed in the workforce and community. | ||||||
15 | (d) To coordinate and leverage strategies, actions, | ||||||
16 | legislation, and resources of all stakeholders to support | ||||||
17 | fundamental and lasting improvement in this State's public | ||||||
18 | schools, community colleges, and universities. | ||||||
19 | (e) To meet to discuss issues that are vital to | ||||||
20 | educational reform in this State. | ||||||
21 | (f) To provide recommendations on subjects related to | ||||||
22 | education to all of the following: | ||||||
23 | (i) The Governor. | ||||||
24 | (ii) The State Superintendent of Education. | ||||||
25 | (iii) The General Assembly. | ||||||
26 | (iv) The State Board of Education.
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1 | The recommendations to the General Assembly must be in an | ||||||
2 | electronic format. Before providing a recommendation, the | ||||||
3 | P-20 Council shall prepare an analysis of the total | ||||||
4 | estimated fiscal impact that the recommendation will have | ||||||
5 | on this State, political subdivisions of this State, and | ||||||
6 | all private schools affected by the recommendation. In | ||||||
7 | preparing an analysis under this subdivision (f), the P-20 | ||||||
8 | Council shall consider any applicable information | ||||||
9 | submitted by entities affected by the recommendation. | ||||||
10 | (g) To make recommendations to the State Board of | ||||||
11 | Education for improving academic standards. | ||||||
12 | (h) To develop consensus on educational policy reforms | ||||||
13 | and innovations. | ||||||
14 | (i) To align university teaching programs with the | ||||||
15 | needs of Illinois schools.
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16 | E. Five members of the Board shall constitute a quorum. A
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17 | majority
vote of the members appointed, confirmed and serving | ||||||
18 | on the Board is
required to approve any action, except that the | ||||||
19 | 7 new Board members who were appointed to fill seats of members | ||||||
20 | whose terms were terminated on the effective date of this | ||||||
21 | amendatory act of the 93rd General Assembly may vote to approve | ||||||
22 | actions when appointed and serving.
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23 | The Board shall prepare and submit to the General Assembly | ||||||
24 | and the
Governor on or before January 14, 1976 and annually | ||||||
25 | thereafter a report
or reports of its findings and | ||||||
26 | recommendations. Such annual report shall
contain a separate |
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1 | section which provides a critique and analysis of the
status of | ||||||
2 | education in Illinois and which identifies its specific | ||||||
3 | problems
and recommends express solutions therefor.
Such | ||||||
4 | annual report also shall contain the following information for | ||||||
5 | the
preceding year ending on June 30: each act or omission of a | ||||||
6 | school district
of which the State Board of Education has | ||||||
7 | knowledge as a consequence of
scheduled, approved visits and | ||||||
8 | which constituted a
failure by the district to comply with | ||||||
9 | applicable State or federal laws or
regulations relating to | ||||||
10 | public education, the name of such district, the date
or dates | ||||||
11 | on which the State Board of Education notified the school | ||||||
12 | district of
such act or omission, and what action, if any, the | ||||||
13 | school district took with
respect thereto after being notified | ||||||
14 | thereof by the State Board of Education.
The report shall also | ||||||
15 | include the statewide high school dropout rate by
grade level, | ||||||
16 | sex and race and the annual student dropout rate of and the
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17 | number of students who graduate from, transfer from or | ||||||
18 | otherwise leave
bilingual programs. The Auditor General shall | ||||||
19 | annually perform a
compliance audit of the State Board of | ||||||
20 | Education's performance of the
reporting duty imposed by this | ||||||
21 | amendatory Act of 1986. A regular system of
communication with | ||||||
22 | other directly related State agencies shall be
implemented.
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23 | The requirement for reporting to the General Assembly shall | ||||||
24 | be satisfied
by filing copies of the report with the Speaker, | ||||||
25 | the Minority Leader and
the Clerk of the House of | ||||||
26 | Representatives and the President, the Minority
Leader and the |
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1 | Secretary of the Senate and the Legislative Council, as | ||||||
2 | required
by Section 3.1 of the General
Assembly Organization | ||||||
3 | Act, and
filing such additional
copies with the State | ||||||
4 | Government Report Distribution Center for the General
Assembly | ||||||
5 | as is required under paragraph (t) of Section 7 of the State | ||||||
6 | Library
Act.
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7 | F. Upon appointment of the 7 new Board members who were | ||||||
8 | appointed to fill seats of members whose terms were terminated | ||||||
9 | on the effective date of this amendatory Act of the 93rd | ||||||
10 | General Assembly, the Board shall review all of its current | ||||||
11 | rules in an effort to streamline procedures, improve | ||||||
12 | efficiency, and eliminate unnecessary forms and paperwork.
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13 | (Source: P.A. 93-1036, eff. 9-14-04.)
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14 | (110 ILCS 205/9.10 rep.)
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15 | Section 10. The Board of Higher Education Act is amended by | ||||||
16 | repealing Section 9.10.
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
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