Sen. Deanna Demuzio

Filed: 5/22/2007

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1648

2     AMENDMENT NO. ______. Amend House Bill 1648 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The School Code is amended by changing Section
5 1A-4 and adding Section 22-45 as follows:
 
6     (105 ILCS 5/1A-4)  (from Ch. 122, par. 1A-4)
7     Sec. 1A-4. Powers and duties of the Board.
8     A. (Blank).
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
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
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.
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
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
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.
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
16 others shall be appointed by the chairperson of the Illinois
17 Community College Board, and 2 others shall be appointed by the
18 chairperson of the Human Resource Investment Council. The
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
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
8 reimbursement under this Act. On the effective date of this
9 amendatory Act of the 95th General Assembly, the Joint
10 Education Committee is abolished.
11     E. Five members of the Board shall constitute a quorum. A
12 majority vote of the members appointed, confirmed and serving
13 on the Board is required to approve any action, except that the
14 7 new Board members who were appointed to fill seats of members
15 whose terms were terminated on the effective date of this
16 amendatory act of the 93rd General Assembly may vote to approve
17 actions when appointed and serving.
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

 

 

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1 school district of which the State Board of Education has
2 knowledge as a consequence of scheduled, approved visits and
3 which constituted a failure by the district to comply with
4 applicable State or federal laws or regulations relating to
5 public education, the name of such district, the date or dates
6 on which the State Board of Education notified the school
7 district of such act or omission, and what action, if any, the
8 school district took with respect thereto after being notified
9 thereof by the State Board of Education. The report shall also
10 include the statewide high school dropout rate by grade level,
11 sex and race and the annual student dropout rate of and the
12 number of students who graduate from, transfer from or
13 otherwise leave bilingual programs. The Auditor General shall
14 annually perform a compliance audit of the State Board of
15 Education's performance of the reporting duty imposed by this
16 amendatory Act of 1986. A regular system of communication with
17 other directly related State agencies shall be implemented.
18     The requirement for reporting to the General Assembly shall
19 be satisfied by filing copies of the report with the Speaker,
20 the Minority Leader and the Clerk of the House of
21 Representatives and the President, the Minority Leader and the
22 Secretary of the Senate and the Legislative Council, as
23 required by Section 3.1 of the General Assembly Organization
24 Act, and filing such additional copies with the State
25 Government Report Distribution Center for the General Assembly
26 as is required under paragraph (t) of Section 7 of the State

 

 

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1 Library Act.
2     F. Upon appointment of the 7 new Board members who were
3 appointed to fill seats of members whose terms were terminated
4 on the effective date of this amendatory Act of the 93rd
5 General Assembly, the Board shall review all of its current
6 rules in an effort to streamline procedures, improve
7 efficiency, and eliminate unnecessary forms and paperwork.
8 (Source: P.A. 93-1036, eff. 9-14-04.)
 
9     (105 ILCS 5/22-45 new)
10     Sec. 22-45. Illinois P-20 Council.
11     (a) The General Assembly finds that preparing Illinoisans
12 for success in school and the workplace requires a continuum of
13 quality education from preschool through graduate school. This
14 State needs a framework to guide education policy and integrate
15 education at every level. A statewide coordinating council to
16 study and make recommendations concerning education at all
17 levels can avoid fragmentation of policies, promote improved
18 teaching and learning, and continue to cultivate and
19 demonstrate strong accountability and efficiency. Establishing
20 an Illinois P-20 Council will develop a statewide agenda that
21 will move the State towards the common goals of improving
22 academic achievement, increasing college access and success,
23 improving use of existing data and measurements, developing
24 improved accountability, promoting lifelong learning, easing
25 the transition to college, and reducing remediation. A

 

 

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1 pre-kindergarten through grade 20 agenda will strengthen this
2 State's economic competitiveness by producing a highly-skilled
3 workforce. In addition, lifelong learning plans will enhance
4 this State's ability to leverage funding.
5     (b) There is created the Illinois P-20 Council. The
6 Illinois P-20 Council shall include all of the following
7 members:
8         (1) The Governor or his or designee, to serve as
9     chairperson.
10         (2) Four members of the General Assembly, one appointed
11     by the Speaker of the House of Representatives, one
12     appointed by the Minority Leader of the House of
13     Representatives, one appointed by the President of the
14     Senate, and one appointed by the Minority Leader of the
15     Senate.
16         (3) Six at-large members appointed by the Governor as
17     follows:
18             (A) one representative of civic leaders;
19             (B) one representative of local government;
20             (C) one representative of trade unions;
21             (D) one representative of nonprofit organizations
22         or foundations;
23             (E) one representative of parents' organizations;
24         and
25             (F) one education research expert.
26         (4) Five members appointed by statewide business

 

 

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1     organizations and business trade associations.
2         (5) Six members appointed by statewide professional
3     organizations and associations representing
4     pre-kindergarten through grade 20 teachers, community
5     college faculty, and public university faculty.
6         (6) Two members appointed by associations representing
7     local school administrators and school board members.
8         (7) One member representing community colleges,
9     appointed by the Illinois Council of Community College
10     Presidents.
11         (8) One member representing 4-year independent
12     colleges and universities, appointed by a statewide
13     organization representing private institutions of higher
14     learning.
15         (9) One member representing public 4-year
16     universities, appointed jointly by the university
17     presidents and chancellors.
18         (10) Ex-officio members from the following State
19     agencies, boards, commissions, and councils:
20             (A) The State Superintendent of Education or his or
21         her designee.
22             (B) The Executive Director of the Board of Higher
23         Education or his or her designee.
24             (C) The President and Chief Executive Officer of
25         the Illinois Community College Board or his or her
26         designee.

 

 

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1             (D) The Executive Director of the Illinois Student
2         Assistance Commission or his or her designee.
3             (E) The Co-chairpersons of the Illinois Workforce
4         Investment Board or their designee.
5             (F) The Director of Commerce and Economic
6         Opportunity or his or her designee.
7             (G) The Chairperson of the Illinois Early Learning
8         Council or his or her designee.
9             (H) The President of the Illinois Mathematics and
10         Science Academy or his or her designee.
11 Ex-officio members shall have no vote on the Illinois P-20
12 Council.
13     Appointed members shall serve for staggered terms expiring
14 on July 1 of the first, second, or third calendar year
15 following their appointments or until their successors are
16 appointed and have qualified. Staggered terms shall be
17 determined by lot at the organizing meeting of the Illinois
18 P-20 Council.
19     Vacancies shall be filled in the same manner as original
20 appointments, and any member so appointed shall serve during
21 the remainder of the term for which the vacancy occurred.
22     (c) The Illinois P-20 Council shall be funded through State
23 appropriations to support staff activities, research,
24 data-collection, and dissemination. The Illinois P-20 Council
25 shall be staffed by the Office of the Governor, in coordination
26 with relevant State agencies, boards, and commissions. The

 

 

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1 Illinois Education Research Council shall provide research and
2 coordinate research collection activities for the Illinois
3 P-20 Council.
4     (d) The Illinois P-20 Council shall have all of the
5 following duties:
6         (1) To make recommendations to do all of the following:
7             (A) Coordinate pre-kindergarten through grade 20
8         (graduate school) education in this State through
9         working at the intersections of educational systems to
10         promote collaborative infrastructure.
11             (B) Coordinate and leverage strategies, actions,
12         legislation, policies, and resources of all
13         stakeholders to support fundamental and lasting
14         improvement in this State's public schools, community
15         colleges, and universities.
16             (C) Better align the high school curriculum with
17         postsecondary expectations.
18             (D) Better align assessments across all levels of
19         education.
20             (E) Reduce the need for students entering
21         institutions of higher education to take remedial
22         courses.
23             (F) Smooth the transition from high school to
24         college.
25             (G) Improve high school and college graduation
26         rates.

 

 

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1             (H) Improve the rigor and relevance of academic
2         standards for college and workforce readiness.
3             (I) Better align college and university teaching
4         programs with the needs of Illinois schools.
5         (2) To advise the Governor, the General Assembly, the
6     State's education and higher education agencies, and the
7     State's workforce and economic development boards and
8     agencies on policies related to lifelong learning for
9     Illinois students and families.
10         (3) To articulate a framework for systemic educational
11     improvement that will enable every student to meet or
12     exceed Illinois learning standards and be well-prepared to
13     succeed in the workforce and community.
14         (4) To provide an estimated fiscal impact for
15     implementation of all Council recommendations.
16     (e) The chairperson of the Illinois P-20 Council may
17 authorize the creation of working groups focusing on areas of
18 interest to Illinois educational and workforce development,
19 including without limitation the following areas:
20         (1) Preparation, recruitment, and certification of
21     highly qualified teachers.
22         (2) Mentoring and induction of highly qualified
23     teachers.
24         (3) The diversity of highly qualified teachers.
25         (4) Funding for highly qualified teachers, including
26     developing a strategic and collaborative plan to seek

 

 

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1     federal and private grants to support initiatives
2     targeting teacher preparation and its impact on student
3     achievement.
4         (5) Highly effective administrators.
5         (6) Illinois birth through age 3 education,
6     pre-kindergarten, and early childhood education.
7         (7) The assessment, alignment, outreach, and network
8     of college and workforce readiness efforts.
9         (8) Alternative routes to college access.
10         (9) Research data and accountability.
11     The chairperson of the Illinois P-20 Council may designate
12 Council members to serve as working group chairpersons. Working
13 groups may invite organizations and individuals representing
14 pre-kindergarten through grade 20 interests to participate in
15 discussions, data collection, and dissemination.
 
16     (110 ILCS 205/9.10 rep.)
17     Section 10. The Board of Higher Education Act is amended by
18 repealing Section 9.10.".