Full Text of HB5039 102nd General Assembly
HB5039 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5039 Introduced 1/27/2022, by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/1A-1 | from Ch. 122, par. 1A-1 |
105 ILCS 5/1A-2 | from Ch. 122, par. 1A-2 |
105 ILCS 5/1A-4 | from Ch. 122, par. 1A-4 |
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Amends the State Board of Education Article of the School Code. Provides for the appointment of 2 nonvoting student members to the State Board of Education, selected from students who have served on the State Board of Education's Student Advisory Council, to serve for a one year term. Makes related changes. Effective immediately.
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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 Sections | 5 | | 1A-1, 1A-2, and 1A-4 as follows:
| 6 | | (105 ILCS 5/1A-1) (from Ch. 122, par. 1A-1)
| 7 | | Sec. 1A-1. Members and terms.
| 8 | | (a) (Blank).
| 9 | | (b) The State Board of
Education shall consist of 10 8
| 10 | | members and a chairperson, who shall be appointed by the
| 11 | | Governor with the advice and consent
of the Senate from a | 12 | | pattern of regional representation as follows: 2
appointees | 13 | | shall be selected from among those counties of the State other
| 14 | | than Cook County and the 5 counties contiguous to Cook County, | 15 | | one of whom must represent the educator community; 2 | 16 | | appointees shall be selected from
Cook County, one of whom | 17 | | shall be a resident of the City of
Chicago and one of whom | 18 | | shall be a resident of that
part of Cook County
which lies | 19 | | outside the city limits of Chicago and of whom one must | 20 | | represent the educator community; 2
appointees shall be
| 21 | | selected from among the 5 counties of the State that are | 22 | | contiguous to Cook
County, one of whom must represent the | 23 | | educator community; and 3 members
shall be selected as |
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| 1 | | members-at-large (one of which shall be the chairperson) ; and | 2 | | 2 nonvoting student members shall be selected from students | 3 | | who have served on the State Board of Education's Student | 4 | | Advisory Council . With respect to the educator community | 5 | | appointments, no more than one member may be employed as a | 6 | | district superintendent, principal, school business official, | 7 | | or teacher and no more than one may be employed by the same | 8 | | school district or school. The changes made to this Section by | 9 | | this amendatory Act of the 100th General Assembly apply to | 10 | | appointments made after the effective date of this amendatory | 11 | | Act of the 100th General Assembly. The Governor who takes | 12 | | office on the second Monday of January after his or her | 13 | | election shall be the person who nominates members to fill | 14 | | vacancies whose terms begin after that date and before the | 15 | | term of the next Governor begins. | 16 | | The term of each member of the State Board of Education | 17 | | whose term expires on January 12, 2005 shall instead terminate | 18 | | on the effective date of this amendatory Act of the 93rd | 19 | | General Assembly. Of these 3 seats, (i) the member initially | 20 | | appointed pursuant to this amendatory Act of the 93rd General | 21 | | Assembly whose seat was vacant on April 27, 2004 shall serve | 22 | | until the second Wednesday of January, 2009 and (ii) the other | 23 | | 2 members initially appointed pursuant to this amendatory Act | 24 | | of the 93rd General Assembly shall serve until the second | 25 | | Wednesday of January, 2007. | 26 | | The term of the member of the State Board of Education |
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| 1 | | whose seat was vacant on April 27, 2004 and whose term expires | 2 | | on January 10, 2007 shall instead terminate on the effective | 3 | | date of this amendatory Act of the 93rd General Assembly. The | 4 | | member initially appointed pursuant to this amendatory Act of | 5 | | the 93rd General Assembly to fill this seat shall be the | 6 | | chairperson and shall serve until the second Wednesday of | 7 | | January, 2007. | 8 | | The term of the member of the State Board of Education | 9 | | whose seat was vacant on May 28, 2004 but after April 27, 2004 | 10 | | and whose term expires on January 10, 2007 shall instead | 11 | | terminate on the effective date of this amendatory Act of the | 12 | | 93rd General Assembly. The member initially appointed pursuant | 13 | | to this amendatory Act of the 93rd General Assembly to fill | 14 | | this seat shall serve until the second Wednesday of January, | 15 | | 2007.
| 16 | | The term of the other member of the State Board of | 17 | | Education whose term expires on January 10, 2007 shall instead | 18 | | terminate on the effective date of this amendatory Act of the | 19 | | 93rd General Assembly. The member initially appointed pursuant | 20 | | to this amendatory Act of the 93rd General Assembly to fill | 21 | | this seat shall serve until the second Wednesday of January, | 22 | | 2007. | 23 | | The term of the member of the State Board of Education | 24 | | whose term expires on January 14, 2009 and who was selected | 25 | | from among the 5 counties of the State that are contiguous to | 26 | | Cook County and is a resident of Lake County shall instead |
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| 1 | | terminate on the effective date of this amendatory Act of the | 2 | | 93rd General Assembly. The member initially appointed pursuant | 3 | | to this amendatory Act of the 93rd General Assembly to fill | 4 | | this seat shall serve until the second Wednesday of January, | 5 | | 2009. | 6 | | Upon expiration of the terms of the members initially | 7 | | appointed
under this amendatory Act of the 93rd General | 8 | | Assembly and members whose terms were not terminated by this | 9 | | amendatory Act of the 93rd General Assembly, their respective | 10 | | successors shall be
appointed for terms of 4
years, from the | 11 | | second Wednesday in January of each
odd
numbered year and | 12 | | until their respective successors are appointed and
qualified. | 13 | | (c) Of the 4 members, excluding the chairperson, whose | 14 | | terms expire on the second Wednesday of January, 2007 and | 15 | | every 4 years thereafter, one of those members must be an | 16 | | at-large member and at no time may more than 2 of those members | 17 | | be from one political party. Of the 4 members whose terms | 18 | | expire on the second Wednesday of January, 2009 and every 4 | 19 | | years thereafter, one of those members must be an at-large | 20 | | member and at no time may more than 2 of those members be from | 21 | | one political party. Party membership is defined as having | 22 | | voted in the primary of the party in the last primary before | 23 | | appointment.
| 24 | | (c-5) The 2 additional student members appointed under | 25 | | this amendatory Act of the 102nd General Assembly shall be | 26 | | appointed for a term to expire on the second Wednesday in |
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| 1 | | January, 2023, and their respective successors shall be
| 2 | | appointed for terms of one year, from the second Wednesday in | 3 | | January of each
year and until their respective successors are | 4 | | appointed and
qualified. | 5 | | (d) Vacancies in terms shall be filled by appointment by | 6 | | the
Governor with the advice and consent of the Senate for the | 7 | | extent of the
unexpired term.
If a vacancy in membership | 8 | | occurs at a time when the Senate is not in
session, the | 9 | | Governor shall make a temporary appointment until the next | 10 | | meeting
of the Senate, when the Governor shall appoint a | 11 | | person to fill that membership
for the remainder of its term. | 12 | | If the Senate is not in session when
appointments for a full | 13 | | term are made, the appointments shall be made as in the
case of | 14 | | vacancies.
| 15 | | (Source: P.A. 100-1135, eff. 11-28-18.)
| 16 | | (105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)
| 17 | | Sec. 1A-2. Qualifications. The members of the State Board | 18 | | of Education
shall be citizens of the United States and | 19 | | residents of the State of Illinois
and shall be selected as far | 20 | | as may be practicable on the basis of their
knowledge of, or | 21 | | interest and experience in, problems of public education.
No | 22 | | member of the State Board of Education shall benefit from | 23 | | funds provided by the State Board of Education to an
| 24 | | institution of higher
learning, public or private, within | 25 | | Illinois, nor shall members be school trustees of a public or |
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| 1 | | nonpublic
college, university or technical institution within | 2 | | Illinois. No member
shall be appointed to more than 2 4-year
| 3 | | terms , except that a student member shall be appointed to no | 4 | | more than one one-year term . Members shall be reimbursed
for | 5 | | all ordinary and necessary expenses incurred in performing | 6 | | their duties
as members of the Board. Expenses shall be | 7 | | approved by the Board and be
consistent with the laws, | 8 | | policies, and requirements of the
State of Illinois regarding | 9 | | such expenditures, plus any member may include
in his or her | 10 | | claim for expenses $50 per day for meeting days.
| 11 | | (Source: P.A. 100-1135, eff. 11-28-18.)
| 12 | | (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
| 13 | | Sec. 1A-4. Powers and duties of the Board.
| 14 | | A. (Blank).
| 15 | | B. The Board shall determine the qualifications of and | 16 | | appoint a
chief education officer, to be known as the State | 17 | | Superintendent of
Education, who may be proposed by the | 18 | | Governor and who shall serve at the pleasure of the Board and | 19 | | pursuant to a
performance-based contract linked to statewide | 20 | | student performance and academic
improvement within Illinois | 21 | | schools. Upon expiration or buyout of the contract of the | 22 | | State Superintendent of Education in office on the effective | 23 | | date of this amendatory Act of the 93rd General Assembly, a | 24 | | State Superintendent of Education shall be appointed by a | 25 | | State Board of Education that includes the 7 new Board members |
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| 1 | | who were appointed to fill seats of members whose terms were | 2 | | terminated on the effective date of this amendatory Act of the | 3 | | 93rd General Assembly. Thereafter, a State Superintendent of | 4 | | Education must, at a minimum, be appointed at the beginning of | 5 | | each term of a Governor after that Governor has made | 6 | | appointments to the Board. A performance-based
contract issued | 7 | | for the employment of a State Superintendent of
Education | 8 | | entered into on or after the effective date of this amendatory | 9 | | Act of the 93rd General Assembly must expire no later than | 10 | | February 1, 2007, and subsequent contracts must expire no | 11 | | later than February 1 each 4 years thereafter. No contract
| 12 | | shall be
extended or renewed beyond February 1, 2007 and | 13 | | February 1 each 4 years thereafter, but a State Superintendent | 14 | | of Education shall serve until his or her successor is | 15 | | appointed. Each contract entered into on or before January 8, | 16 | | 2007 with a State Superintendent of Education must provide | 17 | | that the State Board of Education may terminate the contract | 18 | | for cause, and the State Board of Education shall not | 19 | | thereafter be liable for further payments under the contract. | 20 | | With regard to this amendatory Act of the 93rd General | 21 | | Assembly, it is the intent of the General Assembly that, | 22 | | beginning with the Governor who takes office on the second | 23 | | Monday of January, 2007, a State Superintendent of Education | 24 | | be appointed at the beginning of each term of a Governor after | 25 | | that Governor has made appointments to the Board. The State
| 26 | | Superintendent of Education shall not serve as a member of the |
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| 1 | | State
Board of Education. The Board shall set the compensation | 2 | | of the State
Superintendent of Education who shall serve as | 3 | | the Board's chief
executive officer. The Board shall also | 4 | | establish the duties, powers and
responsibilities of the State | 5 | | Superintendent, which shall be included in the
State | 6 | | Superintendent's performance-based contract along with the | 7 | | goals and
indicators of student performance and academic | 8 | | improvement used to measure the
performance and effectiveness | 9 | | of the State Superintendent.
The State Board of Education may | 10 | | delegate
to the State Superintendent of Education the | 11 | | authority to act on the Board's
behalf, provided such | 12 | | delegation is made pursuant to adopted board policy
or the | 13 | | powers delegated are ministerial in nature. The State Board | 14 | | may
not delegate authority under this Section to the State | 15 | | Superintendent to
(1) nonrecognize school districts, (2) | 16 | | withhold State payments as a penalty,
or (3) make final | 17 | | decisions under the contested case provisions of the Illinois
| 18 | | Administrative Procedure Act unless otherwise provided by law.
| 19 | | C. The powers and duties of the State Board of Education | 20 | | shall encompass all
duties delegated to the Office of | 21 | | Superintendent of Public Instruction on
January 12, 1975, | 22 | | except as the law providing for such powers and duties is
| 23 | | thereafter amended, and such other powers and duties as the | 24 | | General Assembly
shall designate. The Board shall be | 25 | | responsible for the educational policies
and guidelines for | 26 | | public schools, pre-school through grade
12 and Vocational |
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| 1 | | Education in the State of Illinois. The Board shall
analyze | 2 | | the present and future aims, needs, and requirements of
| 3 | | education in the State of Illinois and recommend to the | 4 | | General Assembly
the powers which should be exercised by the | 5 | | Board. The Board shall
recommend the passage and the | 6 | | legislation necessary to determine the
appropriate | 7 | | relationship between the Board and local boards of education
| 8 | | and the various State agencies and shall recommend desirable
| 9 | | modifications in the laws which affect schools.
| 10 | | D. Two members of the Board shall be appointed by the | 11 | | chairperson
to serve on a standing joint Education Committee, | 12 | | 2 others shall be
appointed from the Board of Higher | 13 | | Education, 2
others shall be appointed by the chairperson of | 14 | | the
Illinois Community College Board, and 2 others shall be | 15 | | appointed by the
chairperson of the Human Resource Investment | 16 | | Council. The
Committee shall be
responsible for making | 17 | | recommendations concerning the submission of any
workforce | 18 | | development plan or workforce training program required by | 19 | | federal
law or under any block grant authority. The Committee | 20 | | will be
responsible for developing policy on matters of mutual | 21 | | concern to
elementary, secondary and higher education such as | 22 | | Occupational and
Career Education, Teacher Preparation and | 23 | | Certification, Educational
Finance, Articulation between | 24 | | Elementary, Secondary and Higher Education
and Research and | 25 | | Planning. The joint Education Committee shall meet at
least | 26 | | quarterly and submit an annual report of its findings,
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| 1 | | conclusions, and recommendations to the State Board of | 2 | | Education, the Board of
Higher Education, the Illinois | 3 | | Community College Board,
the Human Resource Investment | 4 | | Council, the Governor, and the
General
Assembly. All meetings | 5 | | of this Committee shall be official meetings for
reimbursement | 6 | | under this Act. On the effective date of this amendatory Act of | 7 | | the 95th General Assembly, the Joint Education Committee is | 8 | | abolished.
| 9 | | E. Six Five members of the Board shall constitute a | 10 | | quorum. A
majority
vote of the members appointed, confirmed | 11 | | and serving on the Board is
required to approve any action, | 12 | | except that the 7 new Board members who were appointed to fill | 13 | | seats of members whose terms were terminated on the effective | 14 | | date of this amendatory act of the 93rd General Assembly may | 15 | | vote to approve actions when appointed and serving.
| 16 | | Using the most recently available data, the Board shall | 17 | | prepare and submit to the General Assembly and the
Governor on | 18 | | or before January 14, 1976 and annually thereafter a report
or | 19 | | reports of its findings and recommendations. Such annual | 20 | | report shall
contain a separate section which provides a | 21 | | critique and analysis of the
status of education in Illinois | 22 | | and which identifies its specific problems
and recommends | 23 | | express solutions therefor.
Such annual report also shall | 24 | | contain the following information for the
preceding year | 25 | | ending on June 30: each act or omission of a school district
of | 26 | | which the State Board of Education has knowledge as a |
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| 1 | | consequence of
scheduled, approved visits and which | 2 | | constituted a
failure by the district to comply with | 3 | | applicable State or federal laws or
regulations relating to | 4 | | public education, the name of such district, the date
or dates | 5 | | on which the State Board of Education notified the school | 6 | | district of
such act or omission, and what action, if any, the | 7 | | school district took with
respect thereto after being notified | 8 | | thereof by the State Board of Education.
The report shall also | 9 | | include the statewide high school dropout rate by
grade level, | 10 | | sex and race and the annual student dropout rate of and the
| 11 | | number of students who graduate from, transfer from or | 12 | | otherwise leave
bilingual programs. The Auditor General shall | 13 | | annually perform a
compliance audit of the State Board of | 14 | | Education's performance of the
reporting duty imposed by this | 15 | | amendatory Act of 1986. A regular system of
communication with | 16 | | other directly related State agencies shall be
implemented.
| 17 | | The requirement for reporting to the General Assembly | 18 | | shall be satisfied
by filing copies of the report with the | 19 | | Speaker, the Minority Leader and
the Clerk of the House of | 20 | | Representatives and the President, the Minority
Leader and the | 21 | | Secretary of the Senate and the Legislative Council, as | 22 | | required
by Section 3.1 of the General
Assembly Organization | 23 | | Act, and
filing such additional
copies with the State | 24 | | Government Report Distribution Center for the General
Assembly | 25 | | as is required under paragraph (t) of Section 7 of the State | 26 | | Library
Act.
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| 1 | | F. Upon appointment of the 7 new Board members who were | 2 | | appointed to fill seats of members whose terms were terminated | 3 | | on the effective date of this amendatory Act of the 93rd | 4 | | General Assembly, the Board shall review all of its current | 5 | | rules in an effort to streamline procedures, improve | 6 | | efficiency, and eliminate unnecessary forms and paperwork.
| 7 | | (Source: P.A. 95-626, eff. 6-1-08; 95-793, eff. 1-1-09.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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