Full Text of SB0455 103rd General Assembly
SB0455 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB0455 Introduced 2/2/2023, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: | | 105 ILCS 5/1A-4 | from Ch. 122, par. 1A-4 |
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Amends the School Code. Makes a technical change in a Section concerning the
powers and duties of the State Board of Education.
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| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 1A-4 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 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 | 16 | | State Superintendent of Education in office on the effective | 17 | | date of this amendatory Act of the 93rd General Assembly, a | 18 | | State Superintendent of Education shall be appointed by a | 19 | | State Board of Education that includes the 7 new Board members | 20 | | who were appointed to fill seats of members whose terms were | 21 | | terminated on the effective date of this amendatory Act of the | 22 | | 93rd 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 | 7 | | later than February 1 each 4 years thereafter. No contract
| 8 | | shall be
extended or renewed beyond February 1, 2007 and | 9 | | February 1 each 4 years thereafter, but a State Superintendent | 10 | | of Education shall serve until his or her successor is | 11 | | appointed. Each contract entered into on or before January 8, | 12 | | 2007 with a State Superintendent of Education must provide | 13 | | that the State Board of Education may terminate the contract | 14 | | for cause, and the State Board of Education shall not | 15 | | thereafter be liable for further payments under the contract. | 16 | | With regard to this amendatory Act of the 93rd General | 17 | | Assembly, it is the intent of the General Assembly that, | 18 | | beginning with the Governor who takes office on the second | 19 | | Monday of January, 2007, a State Superintendent of Education | 20 | | be appointed at the beginning of each term of a Governor after | 21 | | that Governor has made appointments to the Board. The State
| 22 | | Superintendent of Education shall not serve as a member of the | 23 | | State
Board of Education. The Board shall set the compensation | 24 | | of the State
Superintendent of Education who shall serve as | 25 | | the Board's chief
executive officer. The Board shall also | 26 | | establish the 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 | 7 | | authority to act on the Board's
behalf, provided such | 8 | | delegation is made pursuant to adopted board policy
or the | 9 | | powers delegated are ministerial in nature. The State Board | 10 | | may
not delegate authority under this Section to the State | 11 | | Superintendent to
(1) nonrecognize school districts, (2) | 12 | | withhold State payments as a penalty,
or (3) make final | 13 | | decisions under the contested case provisions of the Illinois
| 14 | | Administrative Procedure Act unless otherwise provided by law.
| 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
| 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 | 24 | | the present and future aims, needs, and requirements of
| 25 | | education in the State of Illinois and recommend to the | 26 | | General Assembly
the powers which should be exercised by the |
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| 1 | | Board. The Board shall
recommend the passage and the | 2 | | legislation necessary to determine the
appropriate | 3 | | relationship between the Board and local boards of education
| 4 | | and the various State agencies and shall recommend desirable
| 5 | | modifications in the laws which affect schools.
| 6 | | D. Two members of the Board shall be appointed by the | 7 | | chairperson
to serve on a standing joint Education Committee, | 8 | | 2 others shall be
appointed from the Board of Higher | 9 | | Education, 2
others shall be appointed by the chairperson of | 10 | | the
Illinois Community College Board, and 2 others shall be | 11 | | appointed by the
chairperson of the Human Resource Investment | 12 | | Council. The
Committee shall be
responsible for making | 13 | | recommendations concerning the submission of any
workforce | 14 | | development plan or workforce training program required by | 15 | | federal
law or under any block grant authority. The Committee | 16 | | will be
responsible for developing policy on matters of mutual | 17 | | concern to
elementary, secondary and higher education such as | 18 | | Occupational and
Career Education, Teacher Preparation and | 19 | | Licensure, Educational
Finance, Articulation between | 20 | | Elementary, Secondary and Higher Education
and Research and | 21 | | Planning. The joint Education Committee shall meet at
least | 22 | | quarterly and submit an annual report of its findings,
| 23 | | conclusions, and recommendations to the State Board of | 24 | | Education, the Board of
Higher Education, the Illinois | 25 | | Community College Board,
the Human Resource Investment | 26 | | Council, the Governor, and the
General
Assembly. All meetings |
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| 1 | | of this Committee shall be official meetings for
reimbursement | 2 | | under this Act. On the effective date of this amendatory Act of | 3 | | the 95th General Assembly, the Joint Education Committee is | 4 | | abolished.
| 5 | | E. Five members of the Board shall constitute a quorum. A
| 6 | | majority
vote of the members appointed, confirmed and serving | 7 | | on the Board is
required to approve any action, except that the | 8 | | 7 new Board members who were appointed to fill seats of members | 9 | | whose terms were terminated on the effective date of this | 10 | | amendatory act of the 93rd General Assembly may vote to | 11 | | approve actions when appointed and serving.
| 12 | | F. Upon appointment of the 7 new Board members who were | 13 | | appointed to fill seats of members whose terms were terminated | 14 | | on the effective date of this amendatory Act of the 93rd | 15 | | General Assembly, the Board shall review all of its current | 16 | | rules in an effort to streamline procedures, improve | 17 | | efficiency, and eliminate unnecessary forms and paperwork.
| 18 | | (Source: P.A. 102-894, eff. 5-20-22.)
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