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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 | (Text of Section before amendment by P.A. 95-626 )
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8 | Sec. 1A-4. Powers and duties of the Board.
| |||||||||||||||||||
9 | A. (Blank).
| |||||||||||||||||||
10 | B. The The Board shall determine the qualifications of and | |||||||||||||||||||
11 | appoint a
chief education officer, to be known as the State | |||||||||||||||||||
12 | Superintendent of
Education, who may be proposed by the | |||||||||||||||||||
13 | Governor and who shall serve at the pleasure of the Board and | |||||||||||||||||||
14 | pursuant to a
performance-based contract linked to statewide | |||||||||||||||||||
15 | student performance and academic
improvement within Illinois | |||||||||||||||||||
16 | schools. Upon expiration or buyout of the contract of the State | |||||||||||||||||||
17 | Superintendent of Education in office on the effective date of | |||||||||||||||||||
18 | this amendatory Act of the 93rd General Assembly, a State | |||||||||||||||||||
19 | Superintendent of Education shall be appointed by a State Board | |||||||||||||||||||
20 | of Education that includes the 7 new Board members who were | |||||||||||||||||||
21 | appointed to fill seats of members whose terms were terminated | |||||||||||||||||||
22 | on the effective date of this amendatory Act of the 93rd | |||||||||||||||||||
23 | General Assembly. Thereafter, a State Superintendent of |
| |||||||
| |||||||
1 | Education must, at a minimum, be appointed at the beginning of | ||||||
2 | each term of a Governor after that Governor has made | ||||||
3 | appointments to the Board. A performance-based
contract issued | ||||||
4 | for the employment of a State Superintendent of
Education | ||||||
5 | entered into on or after the effective date of this amendatory | ||||||
6 | Act of the 93rd General Assembly must expire no later than | ||||||
7 | February 1, 2007, and subsequent contracts must expire no later | ||||||
8 | than February 1 each 4 years thereafter. No contract
shall be
| ||||||
9 | extended or renewed beyond February 1, 2007 and February 1 each | ||||||
10 | 4 years thereafter, but a State Superintendent of Education | ||||||
11 | shall serve until his or her successor is appointed. Each | ||||||
12 | contract entered into on or before January 8, 2007 with a State | ||||||
13 | Superintendent of Education must provide that the State Board | ||||||
14 | of Education may terminate the contract for cause, and the | ||||||
15 | State Board of Education shall not thereafter be liable for | ||||||
16 | further payments under the contract. With regard to this | ||||||
17 | amendatory Act of the 93rd General Assembly, it is the intent | ||||||
18 | of the General Assembly that, beginning with the Governor who | ||||||
19 | takes office on the second Monday of January, 2007, a State | ||||||
20 | Superintendent of Education be appointed at the beginning of | ||||||
21 | each term of a Governor after that Governor has made | ||||||
22 | appointments to the Board. The State
Superintendent of | ||||||
23 | Education shall not serve as a member of the State
Board of | ||||||
24 | Education. The Board shall set the compensation of the State
| ||||||
25 | Superintendent of Education who shall serve as the Board's | ||||||
26 | chief
executive officer. The Board shall also establish the |
| |||||||
| |||||||
1 | duties, powers and
responsibilities of the State | ||||||
2 | Superintendent, which shall be included in the
State | ||||||
3 | Superintendent's performance-based contract along with the | ||||||
4 | goals and
indicators of student performance and academic | ||||||
5 | improvement used to measure the
performance and effectiveness | ||||||
6 | of the State Superintendent.
The State Board of Education may | ||||||
7 | delegate
to the State Superintendent of Education the authority | ||||||
8 | to act on the Board's
behalf, provided such delegation is made | ||||||
9 | pursuant to adopted board policy
or the powers delegated are | ||||||
10 | ministerial in nature. The State Board may
not delegate | ||||||
11 | authority under this Section to the State Superintendent to
(1) | ||||||
12 | nonrecognize school districts, (2) withhold State payments as a | ||||||
13 | penalty,
or (3) make final decisions under the contested case | ||||||
14 | provisions of the Illinois
Administrative Procedure Act unless | ||||||
15 | otherwise provided by law.
| ||||||
16 | C. The powers and duties of the State Board of Education | ||||||
17 | shall encompass all
duties delegated to the Office of | ||||||
18 | Superintendent of Public Instruction on
January 12, 1975, | ||||||
19 | except as the law providing for such powers and duties is
| ||||||
20 | thereafter amended, and such other powers and duties as the | ||||||
21 | General Assembly
shall designate. The Board shall be | ||||||
22 | responsible for the educational policies
and guidelines for | ||||||
23 | public schools, pre-school through grade
12 and Vocational | ||||||
24 | Education in the State of Illinois. The Board shall
analyze the | ||||||
25 | present and future aims, needs, and requirements of
education | ||||||
26 | in the State of Illinois and recommend to the General Assembly
|
| |||||||
| |||||||
1 | the powers which should be exercised by the Board. The Board | ||||||
2 | shall
recommend the passage and the legislation necessary to | ||||||
3 | determine the
appropriate relationship between the Board and | ||||||
4 | local boards of education
and the various State agencies and | ||||||
5 | shall recommend desirable
modifications in the laws which | ||||||
6 | affect schools.
| ||||||
7 | D. Two members of the Board shall be appointed by the | ||||||
8 | chairperson
to serve on a standing joint Education Committee, 2 | ||||||
9 | others shall be
appointed from the Board of Higher Education, 2
| ||||||
10 | others shall be appointed by the chairperson of the
Illinois | ||||||
11 | Community College Board, and 2 others shall be appointed by the
| ||||||
12 | chairperson of the Human Resource Investment Council. The
| ||||||
13 | Committee shall be
responsible for making recommendations | ||||||
14 | concerning the submission of any
workforce development plan or | ||||||
15 | workforce training program required by federal
law or under any | ||||||
16 | block grant authority. The Committee will be
responsible for | ||||||
17 | developing policy on matters of mutual concern to
elementary, | ||||||
18 | secondary and higher education such as Occupational and
Career | ||||||
19 | Education, Teacher Preparation and Certification, Educational
| ||||||
20 | Finance, Articulation between Elementary, Secondary and Higher | ||||||
21 | Education
and Research and Planning. The joint Education | ||||||
22 | Committee shall meet at
least quarterly and submit an annual | ||||||
23 | report of its findings,
conclusions, and recommendations to the | ||||||
24 | State Board of Education, the Board of
Higher Education, the | ||||||
25 | Illinois Community College Board,
the Human Resource | ||||||
26 | Investment Council, the Governor, and the
General
Assembly. All |
| |||||||
| |||||||
1 | meetings of this Committee shall be official meetings for
| ||||||
2 | reimbursement under this Act.
| ||||||
3 | E. Five members of the Board shall constitute a quorum. A
| ||||||
4 | majority
vote of the members appointed, confirmed and serving | ||||||
5 | on the Board is
required to approve any action, except that the | ||||||
6 | 7 new Board members who were appointed to fill seats of members | ||||||
7 | whose terms were terminated on the effective date of this | ||||||
8 | amendatory act of the 93rd General Assembly may vote to approve | ||||||
9 | actions when appointed and serving.
| ||||||
10 | The Board shall prepare and submit to the General Assembly | ||||||
11 | and the
Governor on or before January 14, 1976 and annually | ||||||
12 | thereafter a report
or reports of its findings and | ||||||
13 | recommendations. Such annual report shall
contain a separate | ||||||
14 | section which provides a critique and analysis of the
status of | ||||||
15 | education in Illinois and which identifies its specific | ||||||
16 | problems
and recommends express solutions therefor.
Such | ||||||
17 | annual report also shall contain the following information for | ||||||
18 | the
preceding year ending on June 30: each act or omission of a | ||||||
19 | school district
of which the State Board of Education has | ||||||
20 | knowledge as a consequence of
scheduled, approved visits and | ||||||
21 | which constituted a
failure by the district to comply with | ||||||
22 | applicable State or federal laws or
regulations relating to | ||||||
23 | public education, the name of such district, the date
or dates | ||||||
24 | on which the State Board of Education notified the school | ||||||
25 | district of
such act or omission, and what action, if any, the | ||||||
26 | school district took with
respect thereto after being notified |
| |||||||
| |||||||
1 | thereof by the State Board of Education.
The report shall also | ||||||
2 | include the statewide high school dropout rate by
grade level, | ||||||
3 | sex and race and the annual student dropout rate of and the
| ||||||
4 | number of students who graduate from, transfer from or | ||||||
5 | otherwise leave
bilingual programs. The Auditor General shall | ||||||
6 | annually perform a
compliance audit of the State Board of | ||||||
7 | Education's performance of the
reporting duty imposed by this | ||||||
8 | amendatory Act of 1986. A regular system of
communication with | ||||||
9 | other directly related State agencies shall be
implemented.
| ||||||
10 | The requirement for reporting to the General Assembly shall | ||||||
11 | be satisfied
by filing copies of the report with the Speaker, | ||||||
12 | the Minority Leader and
the Clerk of the House of | ||||||
13 | Representatives and the President, the Minority
Leader and the | ||||||
14 | Secretary of the Senate and the Legislative Council, as | ||||||
15 | required
by Section 3.1 of the General
Assembly Organization | ||||||
16 | Act, and
filing such additional
copies with the State | ||||||
17 | Government Report Distribution Center for the General
Assembly | ||||||
18 | as is required under paragraph (t) of Section 7 of the State | ||||||
19 | Library
Act.
| ||||||
20 | F. Upon appointment of the 7 new Board members who were | ||||||
21 | appointed to fill seats of members whose terms were terminated | ||||||
22 | on the effective date of this amendatory Act of the 93rd | ||||||
23 | General Assembly, the Board shall review all of its current | ||||||
24 | rules in an effort to streamline procedures, improve | ||||||
25 | efficiency, and eliminate unnecessary forms and paperwork.
| ||||||
26 | (Source: P.A. 93-1036, eff. 9-14-04.)
|
| |||||||
| |||||||
1 | (Text of Section after amendment by P.A. 95-626 )
| ||||||
2 | Sec. 1A-4. Powers and duties of the Board.
| ||||||
3 | A. (Blank).
| ||||||
4 | B. The The Board shall determine the qualifications of and | ||||||
5 | appoint a
chief education officer, to be known as the State | ||||||
6 | Superintendent of
Education, who may be proposed by the | ||||||
7 | Governor and who shall serve at the pleasure of the Board and | ||||||
8 | pursuant to a
performance-based contract linked to statewide | ||||||
9 | student performance and academic
improvement within Illinois | ||||||
10 | schools. Upon expiration or buyout of the contract of the State | ||||||
11 | Superintendent of Education in office on the effective date of | ||||||
12 | this amendatory Act of the 93rd General Assembly, a State | ||||||
13 | Superintendent of Education shall be appointed by a State Board | ||||||
14 | of Education that includes the 7 new Board members who were | ||||||
15 | appointed to fill seats of members whose terms were terminated | ||||||
16 | on the effective date of this amendatory Act of the 93rd | ||||||
17 | General Assembly. Thereafter, a State Superintendent of | ||||||
18 | Education must, at a minimum, be appointed at the beginning of | ||||||
19 | each term of a Governor after that Governor has made | ||||||
20 | appointments to the Board. A performance-based
contract issued | ||||||
21 | for the employment of a State Superintendent of
Education | ||||||
22 | entered into on or after the effective date of this amendatory | ||||||
23 | Act of the 93rd General Assembly must expire no later than | ||||||
24 | February 1, 2007, and subsequent contracts must expire no later | ||||||
25 | than February 1 each 4 years thereafter. No contract
shall be
|
| |||||||
| |||||||
1 | extended or renewed beyond February 1, 2007 and February 1 each | ||||||
2 | 4 years thereafter, but a State Superintendent of Education | ||||||
3 | shall serve until his or her successor is appointed. Each | ||||||
4 | contract entered into on or before January 8, 2007 with a State | ||||||
5 | Superintendent of Education must provide that the State Board | ||||||
6 | of Education may terminate the contract for cause, and the | ||||||
7 | State Board of Education shall not thereafter be liable for | ||||||
8 | further payments under the contract. With regard to this | ||||||
9 | amendatory Act of the 93rd General Assembly, it is the intent | ||||||
10 | of the General Assembly that, beginning with the Governor who | ||||||
11 | takes office on the second Monday of January, 2007, a State | ||||||
12 | Superintendent of Education be appointed at the beginning of | ||||||
13 | each term of a Governor after that Governor has made | ||||||
14 | appointments to the Board. The State
Superintendent of | ||||||
15 | Education shall not serve as a member of the State
Board of | ||||||
16 | Education. The Board shall set the compensation of the State
| ||||||
17 | Superintendent of Education who shall serve as the Board's | ||||||
18 | chief
executive officer. The Board shall also establish the | ||||||
19 | duties, powers and
responsibilities of the State | ||||||
20 | Superintendent, which shall be included in the
State | ||||||
21 | Superintendent's performance-based contract along with the | ||||||
22 | goals and
indicators of student performance and academic | ||||||
23 | improvement used to measure the
performance and effectiveness | ||||||
24 | of the State Superintendent.
The State Board of Education may | ||||||
25 | delegate
to the State Superintendent of Education the authority | ||||||
26 | to act on the Board's
behalf, provided such delegation is made |
| |||||||
| |||||||
1 | pursuant to adopted board policy
or the powers delegated are | ||||||
2 | ministerial in nature. The State Board may
not delegate | ||||||
3 | authority under this Section to the State Superintendent to
(1) | ||||||
4 | nonrecognize school districts, (2) withhold State payments as a | ||||||
5 | penalty,
or (3) make final decisions under the contested case | ||||||
6 | provisions of the Illinois
Administrative Procedure Act unless | ||||||
7 | otherwise provided by law.
| ||||||
8 | C. The powers and duties of the State Board of Education | ||||||
9 | shall encompass all
duties delegated to the Office of | ||||||
10 | Superintendent of Public Instruction on
January 12, 1975, | ||||||
11 | except as the law providing for such powers and duties is
| ||||||
12 | thereafter amended, and such other powers and duties as the | ||||||
13 | General Assembly
shall designate. The Board shall be | ||||||
14 | responsible for the educational policies
and guidelines for | ||||||
15 | public schools, pre-school through grade
12 and Vocational | ||||||
16 | Education in the State of Illinois. The Board shall
analyze the | ||||||
17 | present and future aims, needs, and requirements of
education | ||||||
18 | in the State of Illinois and recommend to the General Assembly
| ||||||
19 | the powers which should be exercised by the Board. The Board | ||||||
20 | shall
recommend the passage and the legislation necessary to | ||||||
21 | determine the
appropriate relationship between the Board and | ||||||
22 | local boards of education
and the various State agencies and | ||||||
23 | shall recommend desirable
modifications in the laws which | ||||||
24 | affect schools.
| ||||||
25 | D. Two members of the Board shall be appointed by the | ||||||
26 | chairperson
to serve on a standing joint Education Committee, 2 |
| |||||||
| |||||||
1 | others shall be
appointed from the Board of Higher Education, 2
| ||||||
2 | others shall be appointed by the chairperson of the
Illinois | ||||||
3 | Community College Board, and 2 others shall be appointed by the
| ||||||
4 | chairperson of the Human Resource Investment Council. The
| ||||||
5 | Committee shall be
responsible for making recommendations | ||||||
6 | concerning the submission of any
workforce development plan or | ||||||
7 | workforce training program required by federal
law or under any | ||||||
8 | block grant authority. The Committee will be
responsible for | ||||||
9 | developing policy on matters of mutual concern to
elementary, | ||||||
10 | secondary and higher education such as Occupational and
Career | ||||||
11 | Education, Teacher Preparation and Certification, Educational
| ||||||
12 | Finance, Articulation between Elementary, Secondary and Higher | ||||||
13 | Education
and Research and Planning. The joint Education | ||||||
14 | Committee shall meet at
least quarterly and submit an annual | ||||||
15 | report of its findings,
conclusions, and recommendations to the | ||||||
16 | State Board of Education, the Board of
Higher Education, the | ||||||
17 | Illinois Community College Board,
the Human Resource | ||||||
18 | Investment Council, the Governor, and the
General
Assembly. All | ||||||
19 | meetings of this Committee shall be official meetings for
| ||||||
20 | reimbursement under this Act. On the effective date of this | ||||||
21 | amendatory Act of the 95th General Assembly, the Joint | ||||||
22 | Education Committee is abolished.
| ||||||
23 | E. Five members of the Board shall constitute a quorum. A
| ||||||
24 | majority
vote of the members appointed, confirmed and serving | ||||||
25 | on the Board is
required to approve any action, except that the | ||||||
26 | 7 new Board members who were appointed to fill seats of members |
| |||||||
| |||||||
1 | whose terms were terminated on the effective date of this | ||||||
2 | amendatory act of the 93rd General Assembly may vote to approve | ||||||
3 | actions when appointed and serving.
| ||||||
4 | The Board shall prepare and submit to the General Assembly | ||||||
5 | and the
Governor on or before January 14, 1976 and annually | ||||||
6 | thereafter a report
or reports of its findings and | ||||||
7 | recommendations. Such annual report shall
contain a separate | ||||||
8 | section which provides a critique and analysis of the
status of | ||||||
9 | education in Illinois and which identifies its specific | ||||||
10 | problems
and recommends express solutions therefor.
Such | ||||||
11 | annual report also shall contain the following information for | ||||||
12 | the
preceding year ending on June 30: each act or omission of a | ||||||
13 | school district
of which the State Board of Education has | ||||||
14 | knowledge as a consequence of
scheduled, approved visits and | ||||||
15 | which constituted a
failure by the district to comply with | ||||||
16 | applicable State or federal laws or
regulations relating to | ||||||
17 | public education, the name of such district, the date
or dates | ||||||
18 | on which the State Board of Education notified the school | ||||||
19 | district of
such act or omission, and what action, if any, the | ||||||
20 | school district took with
respect thereto after being notified | ||||||
21 | thereof by the State Board of Education.
The report shall also | ||||||
22 | include the statewide high school dropout rate by
grade level, | ||||||
23 | sex and race and the annual student dropout rate of and the
| ||||||
24 | number of students who graduate from, transfer from or | ||||||
25 | otherwise leave
bilingual programs. The Auditor General shall | ||||||
26 | annually perform a
compliance audit of the State Board of |
| |||||||
| |||||||
1 | Education's performance of the
reporting duty imposed by this | ||||||
2 | amendatory Act of 1986. A regular system of
communication with | ||||||
3 | other directly related State agencies shall be
implemented.
| ||||||
4 | The requirement for reporting to the General Assembly shall | ||||||
5 | be satisfied
by filing copies of the report with the Speaker, | ||||||
6 | the Minority Leader and
the Clerk of the House of | ||||||
7 | Representatives and the President, the Minority
Leader and the | ||||||
8 | Secretary of the Senate and the Legislative Council, as | ||||||
9 | required
by Section 3.1 of the General
Assembly Organization | ||||||
10 | Act, and
filing such additional
copies with the State | ||||||
11 | Government Report Distribution Center for the General
Assembly | ||||||
12 | as is required under paragraph (t) of Section 7 of the State | ||||||
13 | Library
Act.
| ||||||
14 | F. Upon appointment of the 7 new Board members who were | ||||||
15 | appointed to fill seats of members whose terms were terminated | ||||||
16 | on the effective date of this amendatory Act of the 93rd | ||||||
17 | General Assembly, the Board shall review all of its current | ||||||
18 | rules in an effort to streamline procedures, improve | ||||||
19 | efficiency, and eliminate unnecessary forms and paperwork.
| ||||||
20 | (Source: P.A. 95-626, eff. 6-1-08.)
| ||||||
21 | Section 95. No acceleration or delay. Where this Act makes | ||||||
22 | changes in a statute that is represented in this Act by text | ||||||
23 | that is not yet or no longer in effect (for example, a Section | ||||||
24 | represented by multiple versions), the use of that text does | ||||||
25 | not accelerate or delay the taking effect of (i) the changes |
| |||||||
| |||||||
1 | made by this Act or (ii) provisions derived from any other | ||||||
2 | Public Act. |