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Full Text of HB5654  99th General Assembly

HB5654 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5654

 

Introduced , by Rep. David R. Leitch

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/1A-4  from Ch. 122, par. 1A-4
105 ILCS 5/2-3.6  from Ch. 122, par. 2-3.6
105 ILCS 5/2-3.64a-5
105 ILCS 5/21B-5

    Amends the School Code. Provides that the State Board of Education shall not adopt any rule or policy that makes changes to any State assessment, academic standards, or educator licensure without the prior consent and approval of the General Assembly. Provides that the State Superintendent of Education shall not ask the State Board for the adoption of any rule or policy that makes changes to assessments, academic standards, or educator licensure without the prior consent and approval of the General Assembly.


LRB099 19705 MLM 44102 b

 

 

A BILL FOR

 

HB5654LRB099 19705 MLM 44102 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
51A-4, 2-3.6, 2-3.64a-5, and 21B-5 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
10appoint a chief education officer, to be known as the State
11Superintendent of Education, who may be proposed by the
12Governor and who shall serve at the pleasure of the Board and
13pursuant to a performance-based contract linked to statewide
14student performance and academic improvement within Illinois
15schools. Upon expiration or buyout of the contract of the State
16Superintendent of Education in office on the effective date of
17this amendatory Act of the 93rd General Assembly, a State
18Superintendent of Education shall be appointed by a State Board
19of Education that includes the 7 new Board members who were
20appointed to fill seats of members whose terms were terminated
21on the effective date of this amendatory Act of the 93rd
22General Assembly. Thereafter, a State Superintendent of
23Education must, at a minimum, be appointed at the beginning of

 

 

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1each term of a Governor after that Governor has made
2appointments to the Board. A performance-based contract issued
3for the employment of a State Superintendent of Education
4entered into on or after the effective date of this amendatory
5Act of the 93rd General Assembly must expire no later than
6February 1, 2007, and subsequent contracts must expire no later
7than February 1 each 4 years thereafter. No contract shall be
8extended or renewed beyond February 1, 2007 and February 1 each
94 years thereafter, but a State Superintendent of Education
10shall serve until his or her successor is appointed. Each
11contract entered into on or before January 8, 2007 with a State
12Superintendent of Education must provide that the State Board
13of Education may terminate the contract for cause, and the
14State Board of Education shall not thereafter be liable for
15further payments under the contract. With regard to this
16amendatory Act of the 93rd General Assembly, it is the intent
17of the General Assembly that, beginning with the Governor who
18takes office on the second Monday of January, 2007, a State
19Superintendent of Education be appointed at the beginning of
20each term of a Governor after that Governor has made
21appointments to the Board. The State Superintendent of
22Education shall not serve as a member of the State Board of
23Education. The Board shall set the compensation of the State
24Superintendent of Education who shall serve as the Board's
25chief executive officer. The Board shall also establish the
26duties, powers and responsibilities of the State

 

 

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1Superintendent, which shall be included in the State
2Superintendent's performance-based contract along with the
3goals and indicators of student performance and academic
4improvement used to measure the performance and effectiveness
5of the State Superintendent. The State Board of Education may
6delegate to the State Superintendent of Education the authority
7to act on the Board's behalf, provided such delegation is made
8pursuant to adopted board policy or the powers delegated are
9ministerial in nature. The State Board may not delegate
10authority under this Section to the State Superintendent to (1)
11nonrecognize school districts, (2) withhold State payments as a
12penalty, or (3) make final decisions under the contested case
13provisions of the Illinois Administrative Procedure Act unless
14otherwise provided by law. The State Superintendent shall not
15ask the Board for the adoption of any rule or policy that makes
16changes to assessments, academic standards, or educator
17licensure without the prior consent and approval of the General
18Assembly.
19    C. The powers and duties of the State Board of Education
20shall encompass all duties delegated to the Office of
21Superintendent of Public Instruction on January 12, 1975,
22except as the law providing for such powers and duties is
23thereafter amended, and such other powers and duties as the
24General Assembly shall designate. The Board shall be
25responsible for the educational policies and guidelines for
26public schools, pre-school through grade 12 and Vocational

 

 

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1Education in the State of Illinois. The Board shall analyze the
2present and future aims, needs, and requirements of education
3in the State of Illinois and recommend to the General Assembly
4the powers which should be exercised by the Board. The Board
5shall recommend the passage and the legislation necessary to
6determine the appropriate relationship between the Board and
7local boards of education and the various State agencies and
8shall recommend desirable modifications in the laws which
9affect schools.
10    D. Two members of the Board shall be appointed by the
11chairperson to serve on a standing joint Education Committee, 2
12others shall be appointed from the Board of Higher Education, 2
13others shall be appointed by the chairperson of the Illinois
14Community College Board, and 2 others shall be appointed by the
15chairperson of the Human Resource Investment Council. The
16Committee shall be responsible for making recommendations
17concerning the submission of any workforce development plan or
18workforce training program required by federal law or under any
19block grant authority. The Committee will be responsible for
20developing policy on matters of mutual concern to elementary,
21secondary and higher education such as Occupational and Career
22Education, Teacher Preparation and Certification, Educational
23Finance, Articulation between Elementary, Secondary and Higher
24Education and Research and Planning. The joint Education
25Committee shall meet at least quarterly and submit an annual
26report of its findings, conclusions, and recommendations to the

 

 

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1State Board of Education, the Board of Higher Education, the
2Illinois Community College Board, the Human Resource
3Investment Council, the Governor, and the General Assembly. All
4meetings of this Committee shall be official meetings for
5reimbursement under this Act. On the effective date of this
6amendatory Act of the 95th General Assembly, the Joint
7Education Committee is abolished.
8    E. Five members of the Board shall constitute a quorum. A
9majority vote of the members appointed, confirmed and serving
10on the Board is required to approve any action, except that the
117 new Board members who were appointed to fill seats of members
12whose terms were terminated on the effective date of this
13amendatory act of the 93rd General Assembly may vote to approve
14actions when appointed and serving.
15    Using the most recently available data, the Board shall
16prepare and submit to the General Assembly and the Governor on
17or before January 14, 1976 and annually thereafter a report or
18reports of its findings and recommendations. Such annual report
19shall contain a separate section which provides a critique and
20analysis of the status of education in Illinois and which
21identifies its specific problems and recommends express
22solutions therefor. Such annual report also shall contain the
23following information for the preceding year ending on June 30:
24each act or omission of a school district of which the State
25Board of Education has knowledge as a consequence of scheduled,
26approved visits and which constituted a failure by the district

 

 

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

 

 

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1appointed to fill seats of members whose terms were terminated
2on the effective date of this amendatory Act of the 93rd
3General Assembly, the Board shall review all of its current
4rules in an effort to streamline procedures, improve
5efficiency, and eliminate unnecessary forms and paperwork.
6(Source: P.A. 95-626, eff. 6-1-08; 95-793, eff. 1-1-09.)
 
7    (105 ILCS 5/2-3.6)  (from Ch. 122, par. 2-3.6)
8    Sec. 2-3.6. Rules and policies. To make rules, in
9accordance with the Illinois Administrative Procedure Act,
10that are necessary to carry into efficient and uniform effect
11all laws for establishing and maintaining free schools in the
12State. The State Board of Education may not adopt any rule or
13policy that alters the intent of the authorizing law or that
14supersedes federal or State law. The State Board shall not
15adopt any rule or policy that makes changes to any assessments
16or academic standards under Section 2-3.64a-5 of this Code
17without the prior consent and approval of the General Assembly.
18The State Board shall not adopt any rule or policy that makes
19changes to educator licensure, including educator endorsement
20changes, without the prior consent and approval of the General
21Assembly. The Board may not make policies affecting school
22districts that have the effect of rules without following the
23procedures of the Illinois Administrative Procedure Act.
24(Source: P.A. 93-1036, eff. 9-14-04.)
 

 

 

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1    (105 ILCS 5/2-3.64a-5)
2    Sec. 2-3.64a-5. State goals and assessment.
3    (a) For the assessment and accountability purposes of this
4Section, "students" includes those students enrolled in a
5public or State-operated elementary school, secondary school,
6or cooperative or joint agreement with a governing body or
7board of control, a charter school operating in compliance with
8the Charter Schools Law, a school operated by a regional office
9of education under Section 13A-3 of this Code, or a public
10school administered by a local public agency or the Department
11of Human Services.
12    (b) Until the effective date of this amendatory Act of the
1399th General Assembly, the The State Board of Education shall
14establish the academic standards that are to be applicable to
15students who are subject to State assessments under this
16Section without the consent or approval of the General
17Assembly. The State Board of Education shall not establish any
18such standards in final form without first providing
19opportunities for public participation and local input in the
20development of the final academic standards. Those
21opportunities shall include a well-publicized period of public
22comment and opportunities to file written comments. On and
23after the effective date of this amendatory Act of the 99th
24General Assembly, the State Board shall not establish new
25academic standards or make changes to the current academic
26standards under this Section without the prior consent and

 

 

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1approval of the General Assembly.
2    (c) Beginning no later than the 2014-2015 school year, the
3State Board of Education shall annually assess all students
4enrolled in grades 3 through 8 in English language arts and
5mathematics.
6    Beginning no later than the 2017-2018 school year, the
7State Board of Education shall annually assess all students in
8science at one grade in grades 3 through 5, at one grade in
9grades 6 through 8, and at one grade in grades 9 through 12.
10    The State Board of Education shall annually assess schools
11that operate a secondary education program, as defined in
12Section 22-22 of this Code, in English language arts and
13mathematics. The State Board of Education shall administer no
14more than 3 assessments, per student, of English language arts
15and mathematics for students in a secondary education program.
16One of these assessments shall include a college and career
17ready determination that shall be accepted by this State's
18public institutions of higher education, as defined in the
19Board of Higher Education Act, for the purpose of student
20application or admissions consideration.
21    Students who are not assessed for college and career ready
22determinations may not receive a regular high school diploma
23unless the student is exempted from taking State assessments
24under subsection (d) of this Section because (i) the student's
25individualized educational program developed under Article 14
26of this Code identifies the State assessment as inappropriate

 

 

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1for the student, (ii) the student is enrolled in a program of
2adult and continuing education, as defined in the Adult
3Education Act, (iii) the school district is not required to
4assess the individual student for purposes of accountability
5under federal No Child Left Behind Act of 2001 requirements,
6(iv) the student has been determined to be an English learner
7and has been enrolled in schools in the United States for less
8than 12 months, or (v) the student is otherwise identified by
9the State Board of Education, through rules, as being exempt
10from the assessment.
11    The State Board of Education shall not assess students
12under this Section in subjects not required by this Section.
13    Districts shall inform their students of the timelines and
14procedures applicable to their participation in every yearly
15administration of the State assessments. The State Board of
16Education shall establish periods of time in each school year
17during which State assessments shall occur to meet the
18objectives of this Section.
19    (d) Every individualized educational program as described
20in Article 14 shall identify if the State assessment or
21components thereof are appropriate for the student. The State
22Board of Education shall develop rules governing the
23administration of an alternate assessment that may be available
24to students for whom participation in this State's regular
25assessments is not appropriate, even with accommodations as
26allowed under this Section.

 

 

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1    Students receiving special education services whose
2individualized educational programs identify them as eligible
3for the alternative State assessments nevertheless shall have
4the option of taking this State's regular assessment that
5includes a college and career ready determination, which shall
6be administered in accordance with the eligible accommodations
7appropriate for meeting these students' respective needs.
8    All students determined to be English learners shall
9participate in the State assessments, excepting those students
10who have been enrolled in schools in the United States for less
11than 12 months. Such students may be exempted from
12participation in one annual administration of the English
13language arts assessment. Any student determined to be an
14English learner shall receive appropriate assessment
15accommodations, including language supports, which shall be
16established by rule. Approved assessment accommodations must
17be provided until the student's English language skills develop
18to the extent that the student is no longer considered to be an
19English learner, as demonstrated through a State-identified
20English language proficiency assessment.
21    (e) The results or scores of each assessment taken under
22this Section shall be made available to the parents of each
23student.
24    In each school year, the scores attained by a student on
25the State assessment that includes a college and career ready
26determination must be placed in the student's permanent record

 

 

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1and must be entered on the student's transcript pursuant to
2rules that the State Board of Education shall adopt for that
3purpose in accordance with Section 3 of the Illinois School
4Student Records Act. In each school year, the scores attained
5by a student on the State assessments administered in grades 3
6through 8 must be placed in the student's temporary record.
7    (f) All schools shall administer an academic assessment of
8English language proficiency in oral language (listening and
9speaking) and reading and writing skills to all children
10determined to be English learners.
11    (g) All schools in this State that are part of the sample
12drawn by the National Center for Education Statistics, in
13collaboration with their school districts and the State Board
14of Education, shall administer the biennial academic
15assessments under the National Assessment of Educational
16Progress carried out under Section 411(b)(2) of the federal
17National Education Statistics Act of 1994 (20 U.S.C. 9010) if
18the U.S. Secretary of Education pays the costs of administering
19the assessments.
20    (h) Subject to available funds to this State for the
21purpose of student assessment, the State Board of Education
22shall provide additional assessments and assessment resources
23that may be used by school districts for local assessment
24purposes. The State Board of Education shall annually
25distribute a listing of these additional resources.
26    (i) For the purposes of this subsection (i), "academically

 

 

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1based assessments" means assessments consisting of questions
2and answers that are measurable and quantifiable to measure the
3knowledge, skills, and ability of students in the subject
4matters covered by the assessments. All assessments
5administered pursuant to this Section must be academically
6based assessments. The scoring of academically based
7assessments shall be reliable, valid, and fair and shall meet
8the guidelines for assessment development and use prescribed by
9the American Psychological Association, the National Council
10on Measurement in Education, and the American Educational
11Research Association.
12    The State Board of Education shall review the use of all
13assessment item types in order to ensure that they are valid
14and reliable indicators of student performance aligned to the
15learning standards being assessed and that the development,
16administration, and scoring of these item types are justifiable
17in terms of cost.
18    (j) The State Superintendent of Education shall appoint a
19committee of no more than 21 members, consisting of parents,
20teachers, school administrators, school board members,
21assessment experts, regional superintendents of schools, and
22citizens, to review the State assessments administered by the
23State Board of Education. The Committee shall select one of its
24members as its chairperson. The Committee shall meet on an
25ongoing basis to review the content and design of the
26assessments (including whether the requirements of subsection

 

 

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1(i) of this Section have been met), the time and money expended
2at the local and State levels to prepare for and administer the
3assessments, the collective results of the assessments as
4measured against the stated purpose of assessing student
5performance, and other issues involving the assessments
6identified by the Committee. The Committee shall make periodic
7recommendations to the State Superintendent of Education and
8the General Assembly concerning the assessments.
9    (k) The State Board of Education may adopt rules to
10implement this Section.
11(Source: P.A. 98-972, eff. 8-15-14; 99-30, eff. 7-10-15;
1299-185, eff. 1-1-16; revised 10-16-15.)
 
13    (105 ILCS 5/21B-5)
14    Sec. 21B-5. Licensure powers of the State Board of
15Education.
16    (a) Recognizing that the education of our citizens is the
17single most important influence on the prosperity and success
18of this State and recognizing that new developments in
19education require a flexible approach to our educational
20system, the State Board of Education, in consultation with the
21State Educator Preparation and Licensure Board, shall have the
22power and authority to do all of the following:
23        (1) Set standards for teaching, supervising, or
24    otherwise holding licensed employment in the public
25    schools of this State and administer the licensure process

 

 

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1    as provided in this Article.
2        (2) Approve, evaluate, and sanction educator
3    preparation programs.
4        (3) Enter into agreements with other states relative to
5    reciprocal approval of educator preparation programs.
6        (4) Establish standards for the issuance of new types
7    of educator licenses.
8        (5) Establish a code of ethics for all educators.
9        (6) Maintain a system of licensure examination aligned
10    with standards determined by the State Board of Education.
11        (7) Take such other action relating to the improvement
12    of instruction in the public schools as is appropriate and
13    consistent with applicable laws.
14    (b) Only the State Superintendent of Education, acting in
15accordance with the applicable provisions of this Article and
16rules, shall have the authority to issue or endorse any license
17required for teaching, supervising, or otherwise holding
18licensed employment in the public schools; and no other State
19agency shall have any power or authority (i) to establish or
20prescribe any qualifications or other requirements applicable
21to the issuance or endorsement of any such license or (ii) to
22establish or prescribe any licensure or equivalent requirement
23that must be satisfied in order to teach, supervise, or hold
24licensed employment in the public schools.
25    (c) Neither the State Board nor the State Superintendent of
26Education shall adopt any rule or policy under this Article or

 

 

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1alter Part 25 of Title 23 of the Illinois Administrative Code
2without the prior consent and approval of the General Assembly.
3(Source: P.A. 97-607, eff. 8-26-11.)