Full Text of SB2751 94th General Assembly
SB2751 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2751
Introduced 1/20/2006, by Sen. Bill Brady SYNOPSIS AS INTRODUCED:
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20 ILCS 5/5-15 |
was 20 ILCS 5/3 |
20 ILCS 5/5-20 |
was 20 ILCS 5/4 |
20 ILCS 5/5-338 new |
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105 ILCS 5/1A-0.01 new |
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105 ILCS 5/1A-4 |
from Ch. 122, par. 1A-4 |
105 ILCS 5/1A-1 rep. |
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105 ILCS 5/1A-2 rep. |
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105 ILCS 5/1A-2.1 rep. |
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Amends the Civil Administrative Code of Illinois and the School
Code. Creates the Department of Education, with a Secretary of
Education as its head, to replace the State Board of Education and State
Superintendent of Education. Makes technical changes having a revisory function.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2751 |
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LRB094 18644 NHT 53997 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Civil Administrative Code of Illinois is | | 5 |
| amended by changing
Sections 5-15 and 5-20 and adding Section | | 6 |
| 5-338 as follows:
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| (20 ILCS 5/5-15) (was 20 ILCS 5/3)
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| (Text of Section before amendment by P.A. 94-696)
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| Sec. 5-15. Departments of State government. The | | 10 |
| Departments of
State government are created as follows:
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| The Department on Aging.
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| The Department of Agriculture.
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| The Department of Central Management Services.
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| The Department of Children and Family Services.
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| The Department of Commerce and Economic Opportunity.
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| The Department of Corrections.
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| The Department of Education.
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| The Department of Employment Security.
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| The Emergency Management Agency.
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| The Department of Financial Institutions.
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| The Department of Healthcare and Family Services.
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| The Department of Human Rights.
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| The Department of Human Services.
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| The Department of Insurance.
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| The Department of Labor.
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| The Department of the Lottery.
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| The Department of Natural Resources.
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| The Department of Professional Regulation.
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| The Department of Public Aid.
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| The Department of Public Health.
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| The Department of Revenue.
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| The Department of State Police.
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| The Department of Transportation.
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| The Department of Veterans' Affairs.
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| (Source: P.A. 93-25, eff. 6-20-03; 93-1029, eff. 8-25-04; | | 4 |
| revised 12-15-05.)
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| (Text of Section after amendment by P.A. 94-696)
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| Sec. 5-15. Departments of State government. The | | 7 |
| Departments of
State government are created as follows:
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| The Department on Aging.
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| The Department of Agriculture.
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| The Department of Central Management Services.
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| The Department of Children and Family Services.
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| The Department of Commerce and Economic Opportunity.
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| The Department of Corrections.
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| The Department of Education.
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| The Department of Employment Security.
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| The Emergency Management Agency.
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| The Department of Financial Institutions.
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| The Department of Healthcare and Family Services.
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| The Department of Human Rights.
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| The Department of Human Services.
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| The Department of Insurance.
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| The Department of Juvenile Justice.
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| The Department of Labor.
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| The Department of the Lottery.
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| The Department of Natural Resources.
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| The Department of Professional Regulation.
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| The Department of Public Aid.
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| The Department of Public Health.
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| The Department of Revenue.
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| The Department of State Police.
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| The Department of Transportation.
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| The Department of Veterans' Affairs.
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| (Source: P.A. 93-25, eff. 6-20-03; 93-1029, eff. 8-25-04; | | 34 |
| 94-696, eff. 6-1-06; revised 12-15-05.)
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| (20 ILCS 5/5-20) (was 20 ILCS 5/4)
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| (Text of Section before amendment by P.A. 94-696)
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| Sec. 5-20. Heads of departments. Each department shall have | | 4 |
| an
officer as its head who shall
be known as director or | | 5 |
| secretary and who shall, subject to the
provisions of the Civil | | 6 |
| Administrative Code of Illinois,
execute the powers and | | 7 |
| discharge the duties
vested by law in his or her respective | | 8 |
| department.
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| The following officers are hereby created:
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| Director of Aging, for the Department on Aging.
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| Director of Agriculture, for the Department of | | 12 |
| Agriculture.
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| Director of Central Management Services, for the | | 14 |
| Department of Central
Management Services.
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| Director of Children and Family Services, for the | | 16 |
| Department of Children and
Family Services.
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| Director of Commerce and Economic Opportunity, for
the | | 18 |
| Department of Commerce
and Economic Opportunity.
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| Director of Corrections, for the Department of | | 20 |
| Corrections.
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| Secretary of Education, for the Department of Education.
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| Director of Emergency Management Agency, for the Emergency | | 23 |
| Management Agency.
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| Director of Employment Security, for the Department of | | 25 |
| Employment Security.
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| Director of Financial Institutions, for the Department of | | 27 |
| Financial
Institutions.
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| Director of Healthcare and Family Services, for the | | 29 |
| Department of Healthcare and Family Services.
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| Director of Human Rights, for the Department of Human | | 31 |
| Rights.
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| Secretary of Human Services, for the Department of Human | | 33 |
| Services.
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| Director of Insurance, for the Department of Insurance.
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| Director of Labor, for the Department of Labor.
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| Director of the Lottery, for the Department of the Lottery.
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| Director of Natural Resources, for the Department of | | 2 |
| Natural Resources.
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| Director of Professional Regulation, for the Department of | | 4 |
| Professional
Regulation.
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| Director of Public Aid, for the Department of Public Aid.
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| Director of Public Health, for the Department of Public | | 7 |
| Health.
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| Director of Revenue, for the Department of Revenue.
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| Director of State Police, for the Department of State | | 10 |
| Police.
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| Secretary of Transportation, for the Department of | | 12 |
| Transportation.
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| Director of Veterans' Affairs, for the Department of | | 14 |
| Veterans' Affairs.
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| (Source: P.A. 93-25, eff. 6-20-03; 93-1029, eff. 8-25-04; | | 16 |
| revised 12-15-05.)
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| (Text of Section after amendment by P.A. 94-696)
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| Sec. 5-20. Heads of departments. Each department shall have | | 19 |
| an
officer as its head who shall
be known as director or | | 20 |
| secretary and who shall, subject to the
provisions of the Civil | | 21 |
| Administrative Code of Illinois,
execute the powers and | | 22 |
| discharge the duties
vested by law in his or her respective | | 23 |
| department.
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| The following officers are hereby created:
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| Director of Aging, for the Department on Aging.
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| Director of Agriculture, for the Department of | | 27 |
| Agriculture.
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| Director of Central Management Services, for the | | 29 |
| Department of Central
Management Services.
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| Director of Children and Family Services, for the | | 31 |
| Department of Children and
Family Services.
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| Director of Commerce and Economic Opportunity, for
the | | 33 |
| Department of Commerce
and Economic Opportunity.
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| Director of Corrections, for the Department of | | 35 |
| Corrections.
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| Secretary of Education, for the Department of Education.
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| Director of Emergency Management Agency, for the Emergency | | 3 |
| Management Agency.
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| Director of Employment Security, for the Department of | | 5 |
| Employment Security.
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| Director of Financial Institutions, for the Department of | | 7 |
| Financial
Institutions.
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| Director of Healthcare and Family Services, for the | | 9 |
| Department of Healthcare and Family Services.
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| Director of Human Rights, for the Department of Human | | 11 |
| Rights.
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| Secretary of Human Services, for the Department of Human | | 13 |
| Services.
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| Director of Insurance, for the Department of Insurance.
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| Director of Juvenile Justice, for the Department of | | 16 |
| Juvenile Justice.
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| Director of Labor, for the Department of Labor.
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| Director of the Lottery, for the Department of the Lottery.
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| Director of Natural Resources, for the Department of | | 20 |
| Natural Resources.
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| Director of Professional Regulation, for the Department of | | 22 |
| Professional
Regulation.
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| Director of Public Aid, for the Department of Public Aid.
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| Director of Public Health, for the Department of Public | | 25 |
| Health.
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| Director of Revenue, for the Department of Revenue.
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| Director of State Police, for the Department of State | | 28 |
| Police.
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| Secretary of Transportation, for the Department of | | 30 |
| Transportation.
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| Director of Veterans' Affairs, for the Department of | | 32 |
| Veterans' Affairs.
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| (Source: P.A. 93-25, eff. 6-20-03; 93-1029, eff. 8-25-04; | | 34 |
| 94-696, eff. 6-1-06; revised 12-15-05.)
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| (20 ILCS 5/5-338 new)
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| Sec. 5-338. In the Department of Education. The Secretary | | 2 |
| of
Education shall receive an annual salary as set by the | | 3 |
| Governor from
time to time or as set by the Compensation Review | | 4 |
| Board, whichever is
greater.
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| Section 10. The School Code is amended by adding Section | | 6 |
| 1A-0.01 and
changing
Section 1A-4 as follows:
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| (105 ILCS 5/1A-0.01 new)
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| Sec. 1A-0.01. Former State Board of Education and State
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| Superintendent of Education.
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| (a) On the effective date of this amendatory Act of the | | 11 |
| 94th
General Assembly, all powers and duties of the State Board | | 12 |
| of Education
shall be transferred to the Department of | | 13 |
| Education and all powers and
duties of the State Superintendent | | 14 |
| of Education shall be transferred to
the Secretary of | | 15 |
| Education.
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| (b) References in this Code or any other law to the State | | 17 |
| Board of
Education shall be deemed to refer to the Department | | 18 |
| of Education.
References in this Code or any other law to the | | 19 |
| State Superintendent of
Education shall be deemed to refer to | | 20 |
| the Secretary of Education.
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| (c) All rules, standards, and procedures adopted by the | | 22 |
| State
Board of Education shall continue in effect as the rules, | | 23 |
| standards, and
procedures of the Department of Education, until | | 24 |
| they are modified or
abolished by the Department. All rules, | | 25 |
| standards, and procedures
adopted by the State Superintendent | | 26 |
| of Education shall continue in
effect as the rules, standards, | | 27 |
| and procedures of the Secretary of
Education, until they are | | 28 |
| modified or abolished by the Secretary.
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| (d) All books, records, funds, and other property of any | | 30 |
| kind or
nature belonging or in any way appertaining to the | | 31 |
| State Board of
Education shall be transferred and paid over to | | 32 |
| the Department of
Education. All books, records, funds, and | | 33 |
| other property of any kind or
nature belonging or in any way | | 34 |
| appertaining to the State Superintendent
of Education shall be |
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| transferred and paid over to the Secretary of
Education.
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| (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
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| Sec. 1A-4. Powers and duties of the Board.
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| A. (Blank).
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| B. (Blank).
The Board shall determine the qualifications of | | 6 |
| and appoint a
chief education officer, to be known as the State | | 7 |
| Superintendent of
Education, who may be proposed by the | | 8 |
| Governor and who shall serve at the pleasure of the Board and | | 9 |
| pursuant to a
performance-based contract linked to statewide | | 10 |
| student performance and academic
improvement within Illinois | | 11 |
| schools. Upon expiration or buyout of the contract of the State | | 12 |
| Superintendent of Education in office on the effective date of | | 13 |
| this amendatory Act of the 93rd General Assembly, a State | | 14 |
| Superintendent of Education shall be appointed by a State Board | | 15 |
| of Education that includes the 7 new Board members who were | | 16 |
| appointed to fill seats of members whose terms were terminated | | 17 |
| on the effective date of this amendatory Act of the 93rd | | 18 |
| General Assembly. Thereafter, a State Superintendent of | | 19 |
| Education must, at a minimum, be appointed at the beginning of | | 20 |
| each term of a Governor after that Governor has made | | 21 |
| appointments to the Board. A performance-based
contract issued | | 22 |
| for the employment of a State Superintendent of
Education | | 23 |
| entered into on or after the effective date of this amendatory | | 24 |
| Act of the 93rd General Assembly must expire no later than | | 25 |
| February 1, 2007, and subsequent contracts must expire no later | | 26 |
| than February 1 each 4 years thereafter. No contract
shall be
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| extended or renewed beyond February 1, 2007 and February 1 each | | 28 |
| 4 years thereafter, but a State Superintendent of Education | | 29 |
| shall serve until his or her successor is appointed. Each | | 30 |
| contract entered into on or before January 8, 2007 with a State | | 31 |
| Superintendent of Education must provide that the State Board | | 32 |
| of Education may terminate the contract for cause, and the | | 33 |
| State Board of Education shall not thereafter be liable for | | 34 |
| further payments under the contract. With regard to this | | 35 |
| amendatory Act of the 93rd General Assembly, it is the intent |
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| of the General Assembly that, beginning with the Governor who | | 2 |
| takes office on the second Monday of January, 2007, a State | | 3 |
| Superintendent of Education be appointed at the beginning of | | 4 |
| each term of a Governor after that Governor has made | | 5 |
| appointments to the Board. The State
Superintendent of | | 6 |
| Education shall not serve as a member of the State
Board of | | 7 |
| Education. The Board shall set the compensation of the State
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| Superintendent of Education who shall serve as the Board's | | 9 |
| chief
executive officer. The Board shall also establish the | | 10 |
| duties, powers and
responsibilities of the State | | 11 |
| Superintendent, which shall be included in the
State | | 12 |
| Superintendent's performance-based contract along with the | | 13 |
| goals and
indicators of student performance and academic | | 14 |
| improvement used to measure the
performance and effectiveness | | 15 |
| of the State Superintendent.
The State Board of Education may | | 16 |
| delegate
to the State Superintendent of Education the authority | | 17 |
| to act on the Board's
behalf, provided such delegation is made | | 18 |
| pursuant to adopted board policy
or the powers delegated are | | 19 |
| ministerial in nature. The State Board may
not delegate | | 20 |
| authority under this Section to the State Superintendent to
(1) | | 21 |
| nonrecognize school districts, (2) withhold State payments as a | | 22 |
| penalty,
or (3) make final decisions under the contested case | | 23 |
| provisions of the Illinois
Administrative Procedure Act unless | | 24 |
| otherwise provided by law.
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| C. The powers and duties of the State Board of Education | | 26 |
| shall encompass all
duties delegated to the Office of | | 27 |
| Superintendent of Public Instruction on
January 12, 1975, | | 28 |
| except as the law providing for such powers and duties is
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| thereafter amended, and such other powers and duties as the | | 30 |
| General Assembly
shall designate. The Board shall be | | 31 |
| responsible for the educational policies
and guidelines for | | 32 |
| public schools, pre-school through grade
12 and Vocational | | 33 |
| Education in the State of Illinois. The Board shall
analyze the | | 34 |
| present and future aims, needs, and requirements of
education | | 35 |
| in the State of Illinois and recommend to the General Assembly
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| the powers which should be exercised by the Board. The Board |
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| shall
recommend the passage and the legislation necessary to | | 2 |
| determine the
appropriate relationship between the Board and | | 3 |
| local boards of education
and the various State agencies and | | 4 |
| shall recommend desirable
modifications in the laws which | | 5 |
| affect schools.
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| D. Two members of the Board shall be appointed by the | | 7 |
| chairperson
to serve on a standing joint Education Committee, 2 | | 8 |
| others shall be
appointed from the Board of Higher Education, 2
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| others shall be appointed by the chairperson of the
Illinois | | 10 |
| Community College Board, and 2 others shall be appointed by the
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| chairperson of the Human Resource Investment Council. The
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| Committee shall be
responsible for making recommendations | | 13 |
| concerning the submission of any
workforce development plan or | | 14 |
| workforce training program required by federal
law or under any | | 15 |
| block grant authority. The Committee will be
responsible for | | 16 |
| developing policy on matters of mutual concern to
elementary, | | 17 |
| secondary and higher education such as Occupational and
Career | | 18 |
| Education, Teacher Preparation and Certification, Educational
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| Finance, Articulation between Elementary, Secondary and Higher | | 20 |
| Education
and Research and Planning. The joint Education | | 21 |
| Committee shall meet at
least quarterly and submit an annual | | 22 |
| report of its findings,
conclusions, and recommendations to the | | 23 |
| State Board of Education, the Board of
Higher Education, the | | 24 |
| Illinois Community College Board,
the Human Resource | | 25 |
| Investment Council, the Governor, and the
General
Assembly. All | | 26 |
| meetings of this Committee shall be official meetings for
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| reimbursement under this Act.
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| E. Five members of the Board shall constitute a quorum. A
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| majority
vote of the members appointed, confirmed and serving | | 30 |
| on the Board is
required to approve any action, except that the | | 31 |
| 7 new Board members who were appointed to fill seats of members | | 32 |
| whose terms were terminated on the effective date of this | | 33 |
| amendatory act of the 93rd General Assembly may vote to approve | | 34 |
| actions when appointed and serving.
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| The Board shall prepare and submit to the General Assembly | | 36 |
| and the
Governor on or before January 14, 1976 and annually |
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| thereafter a report
or reports of its findings and | | 2 |
| recommendations. Such annual report shall
contain a separate | | 3 |
| section which provides a critique and analysis of the
status of | | 4 |
| education in Illinois and which identifies its specific | | 5 |
| problems
and recommends express solutions therefor.
Such | | 6 |
| annual report also shall contain the following information for | | 7 |
| the
preceding year ending on June 30: each act or omission of a | | 8 |
| school district
of which the State Board of Education has | | 9 |
| knowledge as a consequence of
scheduled, approved visits and | | 10 |
| which constituted a
failure by the district to comply with | | 11 |
| applicable State or federal laws or
regulations relating to | | 12 |
| public education, the name of such district, the date
or dates | | 13 |
| on which the State Board of Education notified the school | | 14 |
| district of
such act or omission, and what action, if any, the | | 15 |
| school district took with
respect thereto after being notified | | 16 |
| thereof by the State Board of Education.
The report shall also | | 17 |
| include the statewide high school dropout rate by
grade level, | | 18 |
| sex and race and the annual student dropout rate of and the
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| number of students who graduate from, transfer from or | | 20 |
| otherwise leave
bilingual programs. The Auditor General shall | | 21 |
| annually perform a
compliance audit of the State Board of | | 22 |
| Education's performance of the
reporting duty imposed by this | | 23 |
| amendatory Act of 1986. A regular system of
communication with | | 24 |
| other directly related State agencies shall be
implemented.
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| The requirement for reporting to the General Assembly shall | | 26 |
| be satisfied
by filing copies of the report with the Speaker, | | 27 |
| the Minority Leader and
the Clerk of the House of | | 28 |
| Representatives and the President, the Minority
Leader and the | | 29 |
| Secretary of the Senate and the Legislative Council, as | | 30 |
| required
by Section 3.1 of the General
Assembly Organization | | 31 |
| Act, and
filing such additional
copies with the State | | 32 |
| Government Report Distribution Center for the General
Assembly | | 33 |
| as is required under paragraph (t) of Section 7 of the State | | 34 |
| Library
Act.
| | 35 |
| F. (Blank).
Upon appointment of the 7 new Board members who | | 36 |
| were appointed to fill seats of members whose terms were |
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| terminated on the effective date of this amendatory Act of the | | 2 |
| 93rd General Assembly, the Board shall review all of its | | 3 |
| current rules in an effort to streamline procedures, improve | | 4 |
| efficiency, and eliminate unnecessary forms and paperwork.
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| (Source: P.A. 93-1036, eff. 9-14-04.)
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| (105 ILCS 5/1A-1 rep.)
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| (105 ILCS 5/1A-2 rep.)
| | 8 |
| (105 ILCS 5/1A-2.1 rep.)
| | 9 |
| Section 15. The School Code is amended by repealing | | 10 |
| Sections 1A-1, 1A-2, and
1A-2.1.
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