Rep. Michael K. Smith
Filed: 3/28/2007
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1 | AMENDMENT TO HOUSE BILL 2012
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2 | AMENDMENT NO. ______. Amend House Bill 2012 on page 1, line | ||||||
3 | 4, by replacing "Section" with "Sections 1A-4 and"; and
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4 | on page 1, immediately below line 5, by inserting the | ||||||
5 | following:
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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 |
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1 | this amendatory Act of the 93rd General Assembly, a State | ||||||
2 | Superintendent of Education shall be appointed by a State Board | ||||||
3 | of Education that includes the 7 new Board members who were | ||||||
4 | appointed to fill seats of members whose terms were terminated | ||||||
5 | on the effective date of this amendatory Act of the 93rd | ||||||
6 | General Assembly. Thereafter, a State Superintendent of | ||||||
7 | Education must, at a minimum, be appointed at the beginning of | ||||||
8 | each term of a Governor after that Governor has made | ||||||
9 | appointments to the Board. A performance-based
contract issued | ||||||
10 | for the employment of a State Superintendent of
Education | ||||||
11 | entered into on or after the effective date of this amendatory | ||||||
12 | Act of the 93rd General Assembly must expire no later than | ||||||
13 | February 1, 2007, and subsequent contracts must expire no later | ||||||
14 | than February 1 each 4 years thereafter. No contract
shall be
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15 | extended or renewed beyond February 1, 2007 and February 1 each | ||||||
16 | 4 years thereafter, but a State Superintendent of Education | ||||||
17 | shall serve until his or her successor is appointed. Each | ||||||
18 | contract entered into on or before January 8, 2007 with a State | ||||||
19 | Superintendent of Education must provide that the State Board | ||||||
20 | of Education may terminate the contract for cause, and the | ||||||
21 | State Board of Education shall not thereafter be liable for | ||||||
22 | further payments under the contract. With regard to this | ||||||
23 | amendatory Act of the 93rd General Assembly, it is the intent | ||||||
24 | of the General Assembly that, beginning with the Governor who | ||||||
25 | takes office on the second Monday of January, 2007, a State | ||||||
26 | Superintendent of Education 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. The State
Superintendent of | ||||||
3 | Education shall not serve as a member of the State
Board of | ||||||
4 | Education. The Board shall set the compensation of the State
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5 | Superintendent of Education who shall serve as the Board's | ||||||
6 | chief
executive officer. The Board shall also establish the | ||||||
7 | duties, powers and
responsibilities of the State | ||||||
8 | Superintendent, which shall be included in the
State | ||||||
9 | Superintendent's performance-based contract along with the | ||||||
10 | goals and
indicators of student performance and academic | ||||||
11 | improvement used to measure the
performance and effectiveness | ||||||
12 | of the State Superintendent.
The State Board of Education may | ||||||
13 | delegate
to the State Superintendent of Education the authority | ||||||
14 | to act on the Board's
behalf, provided such delegation is made | ||||||
15 | pursuant to adopted board policy
or the powers delegated are | ||||||
16 | ministerial in nature. The State Board may
not delegate | ||||||
17 | authority under this Section to the State Superintendent to
(1) | ||||||
18 | nonrecognize school districts, (2) withhold State payments as a | ||||||
19 | penalty,
or (3) make final decisions under the contested case | ||||||
20 | provisions of the Illinois
Administrative Procedure Act unless | ||||||
21 | otherwise provided by law.
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22 | C. The powers and duties of the State Board of Education | ||||||
23 | shall encompass all
duties delegated to the Office of | ||||||
24 | Superintendent of Public Instruction on
January 12, 1975, | ||||||
25 | except as the law providing for such powers and duties is
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26 | thereafter amended, and such other powers and duties as the |
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1 | General Assembly
shall designate. The Board shall be | ||||||
2 | responsible for the educational policies
and guidelines for | ||||||
3 | public schools, pre-school through grade
12 and Vocational | ||||||
4 | Education in the State of Illinois. The Board shall
analyze the | ||||||
5 | present and future aims, needs, and requirements of
education | ||||||
6 | in the State of Illinois and recommend to the General Assembly
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7 | the powers which should be exercised by the Board. The Board | ||||||
8 | shall
recommend the passage and the legislation necessary to | ||||||
9 | determine the
appropriate relationship between the Board and | ||||||
10 | local boards of education
and the various State agencies and | ||||||
11 | shall recommend desirable
modifications in the laws which | ||||||
12 | affect schools.
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13 | D. Two members of the Board shall be appointed by the | ||||||
14 | chairperson
to serve on a standing joint Education Committee, 2 | ||||||
15 | others shall be
appointed from the Board of Higher Education, 2
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16 | others shall be appointed by the chairperson of the
Illinois | ||||||
17 | Community College Board, and 2 others shall be appointed by the
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18 | chairperson of the Human Resource Investment Council. The
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19 | Committee shall be
responsible for making recommendations | ||||||
20 | concerning the submission of any
workforce development plan or | ||||||
21 | workforce training program required by federal
law or under any | ||||||
22 | block grant authority. The Committee will be
responsible for | ||||||
23 | developing policy on matters of mutual concern to
elementary, | ||||||
24 | secondary and higher education such as Occupational and
Career | ||||||
25 | Education, Teacher Preparation and Certification, Educational
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26 | Finance, Articulation between Elementary, Secondary and Higher |
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1 | Education
and Research and Planning. The joint Education | ||||||
2 | Committee shall meet at
least quarterly and submit an annual | ||||||
3 | report of its findings,
conclusions, and recommendations to the | ||||||
4 | State Board of Education, the Board of
Higher Education, the | ||||||
5 | Illinois Community College Board,
the Human Resource | ||||||
6 | Investment Council, the Governor, and the
General
Assembly. All | ||||||
7 | meetings of this Committee shall be official meetings for
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8 | reimbursement under this Act.
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9 | E. Five members of the Board shall constitute a quorum. A
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10 | majority
vote of the members appointed, confirmed and serving | ||||||
11 | on the Board is
required to approve any action, except that the | ||||||
12 | 7 new Board members who were appointed to fill seats of members | ||||||
13 | whose terms were terminated on the effective date of this | ||||||
14 | amendatory act of the 93rd General Assembly may vote to approve | ||||||
15 | actions when appointed and serving.
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16 | The Board shall prepare and submit to the General Assembly | ||||||
17 | and the
Governor on or before March 1, 2008
January 14, 1976 | ||||||
18 | and annually thereafter a report
or reports of its findings and | ||||||
19 | recommendations. Such annual report shall
contain a separate | ||||||
20 | section which provides a critique and analysis of the
status of | ||||||
21 | education in Illinois and which identifies its specific | ||||||
22 | problems
and recommends express solutions therefor.
Such | ||||||
23 | annual report also shall contain the following information for | ||||||
24 | the
preceding year ending on June 30: each act or omission of a | ||||||
25 | school district
of which the State Board of Education has | ||||||
26 | knowledge as a consequence of
scheduled, approved visits and |
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1 | which constituted a
failure by the district to comply with | ||||||
2 | applicable State or federal laws or
regulations relating to | ||||||
3 | public education, the name of such district, the date
or dates | ||||||
4 | on which the State Board of Education notified the school | ||||||
5 | district of
such act or omission, and what action, if any, the | ||||||
6 | school district took with
respect thereto after being notified | ||||||
7 | thereof by the State Board of Education.
The report shall also | ||||||
8 | include the statewide high school dropout rate by
grade level, | ||||||
9 | sex and race and the annual student dropout rate of and the
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10 | number of students who graduate from, transfer from or | ||||||
11 | otherwise leave
bilingual programs. The Auditor General shall | ||||||
12 | annually perform a
compliance audit of the State Board of | ||||||
13 | Education's performance of the
reporting duty imposed by this | ||||||
14 | amendatory Act of 1986. A regular system of
communication with | ||||||
15 | other directly related State agencies shall be
implemented.
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16 | The requirement for reporting to the General Assembly shall | ||||||
17 | be satisfied
by filing copies of the report with the Speaker, | ||||||
18 | the Minority Leader and
the Clerk of the House of | ||||||
19 | Representatives and the President, the Minority
Leader and the | ||||||
20 | Secretary of the Senate and the Legislative Council, as | ||||||
21 | required
by Section 3.1 of the General
Assembly Organization | ||||||
22 | Act, and
filing such additional
copies with the State | ||||||
23 | Government Report Distribution Center for the General
Assembly | ||||||
24 | as is required under paragraph (t) of Section 7 of the State | ||||||
25 | Library
Act.
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26 | F. Upon appointment of the 7 new Board members who were |
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1 | appointed to fill seats of members whose terms were terminated | ||||||
2 | on the effective date of this amendatory Act of the 93rd | ||||||
3 | General Assembly, the Board shall review all of its current | ||||||
4 | rules in an effort to streamline procedures, improve | ||||||
5 | efficiency, and eliminate unnecessary forms and paperwork.
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6 | (Source: P.A. 93-1036, eff. 9-14-04.)".
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