HB4232eng 95TH GENERAL ASSEMBLY

HB4232 Engrossed LRB095 15648 RAS 41652 b

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 3. The Governor's Office of Management and Budget Act is amended by changing Section 6 as follows:

(20 ILCS 3005/6) (from Ch. 127, par. 416)

Sec. 6. In performing its responsibility under Section 2.1, to assist the Governor in submitting a recommended budget, the Office shall:

(a) Distribute to all state agencies the proper blanks necessary to the preparation of budget estimates, which blanks shall be in such form as shall be prescribed by the Director, to procure, among other things, information as to the revenues and expenditures for the preceding fiscal year, the appropriations made by the General Assembly for the preceding fiscal year, the expenditures therefrom, obligations incurred thereon, and the amounts unobligated and unexpended, an estimate of the revenues and expenditures of the current fiscal year, and an estimate of the revenues and amounts needed for the respective departments and offices for the next succeeding fiscal year.

(b) Require from each state agency its estimate of receipts and expenditures for the succeeding fiscal year, accompanied by a statement in writing giving facts and explanation of reasons for each item of expenditure requested. Anything submitted by the State Board of Education to the Governor or the Governor's Office of Management and Budget under this Act must also be submitted simultaneously to the General Assembly by filing a copy with the Secretary of the Senate and the Clerk of the House of Representatives.

(c) Make, at the discretion of the Director, further inquiries and investigations as to any item desired.

(d) Approve, disapprove or alter the estimates.

(Source: P.A. 93-25, eff. 6-20-03.)

Section 5. The School Code is amended by changing Sections 1A-1, 1A-2, 1A-2.1, and 1A-4 and by adding Sections 1A-12 and 1A-13 as follows:

(105 ILCS 5/1A-1) (from Ch. 122, par. 1A-1)

Sec. 1A-1. Members and terms.

(a) (Blank).

(a-5) In this Section, "ex parte communication" means any written or oral communication by any person that imparts or requests material information or makes a material argument regarding potential action concerning regulatory, quasi regulatory, investment, or licensing matters pending before or under consideration by the State Board of Education. "Ex parte communication" does not include (i) statements by a person publicly made in a public forum, (ii) statements regarding matters of procedure and practice, such as format, the number of copies required, the manner of filing, and the status of a matter, and (iii) statements made by an employee of the State Board of Education to the agency head of the State Board of Education or to other employees of the State Board of Education.

(a-10) The term of each member of the State Board of Education who is in office on the effective date of this amendatory Act of the 95th General Assembly shall terminate when all of the new members initially to be appointed under this amendatory Act of the 95th General Assembly have taken office. Persons whose terms are terminated under this subsection (a-10) may be reappointed to serve on the State Board of Education under subsection (b) of this Section.

(b) The State Board of Education shall consist of 8 members and a chairperson, who shall be appointed, with the advice and consent of the Senate, by the Governor with the assistance of a Nomination Panel or by a Nomination Panel if the Governor does not act within the 30 days allotted, as provided in subsection (c-5) of this Section, with the advice and consent of the Senate from a pattern of regional representation as follows: 2 appointees shall be selected from among those counties of the State other than Cook County and the 5 counties contiguous to Cook County; 2 appointees shall be selected from Cook County, one of whom shall be a resident of the City of Chicago and one of whom shall be a resident of that part of Cook County which lies outside the city limits of Chicago; 2 appointees shall be selected from among the 5 counties of the State that are contiguous to Cook County; and 3 members shall be selected as members-at-large (one of which shall be the chairperson). With respect to these appointments, one member of the State Board of Education must be a former school board member, one member must be a former district superintendent, one member must be a former teacher, and one member must have significant business experience. The Governor who takes office on the second Monday of January after his or her election shall be the person who appoints nominates members to fill vacancies whose terms begin after that date and before the term of the next Governor begins.

The members of the State Board of Education initially appointed under this amendatory Act of the 95th General Assembly shall serve for the following terms:

(1) The member of the State Board of Education from Cook County who is not a resident of the City of Chicago shall serve for a term that expires on the second Wednesday of January, 2010 and until his or her successor is appointed and has qualified.

(2) One of the members of the State Board of Education from a county other than Cook County and the 5 counties contiguous to Cook County, as determined by lot, shall serve for a term that expires on the second Wednesday of January, 2010 and until his or her successor is appointed and has qualified.

(3) One of the members-at-large who is not the chairperson, as determined by lot, shall serve for a term that expires on the second Wednesday of January, 2010 and until his or her successor is appointed and has qualified.

(4) The member of the State Board of Education who is a resident of the City of Chicago shall serve for a term that expires on the second Wednesday of January, 2012 and until his or her successor is appointed and has qualified.

(5) One of the members of the State Board of Education from any one of the 5 counties of the State that are contiguous to Cook County, as determined by lot, shall serve for a term that expires on the second Wednesday of January, 2012 and until his or her successor is appointed and has qualified.

(6) The other member-at-large who is not the chairperson shall serve for a term that expires on the second Wednesday of January, 2012 and until his or her successor is appointed and has qualified.

(7) The other member of the State Board of Education who is from a county other than Cook County and the 5 counties contiguous to Cook County shall serve for a term that expires on the second Wednesday of January, 2014 and until his or her successor is appointed and has qualified.

(8) The other member of the State Board of Education who is from any one of the 5 counties of the State that are contiguous to Cook County shall serve for a term that expires on the second Wednesday of January, 2014 and until his or her successor is appointed and has qualified.

(9) The member of the State Board of Education who is the chairperson shall serve for a term that expires on the second Wednesday of January, 2014 and until his or her successor is appointed and has qualified.

The term of each member of the State Board of Education whose term expires on January 12, 2005 shall instead terminate on the effective date of this amendatory Act of the 93rd General Assembly. Of these 3 seats, (i) the member initially appointed pursuant to this amendatory Act of the 93rd General Assembly whose seat was vacant on April 27, 2004 shall serve until the second Wednesday of January, 2009 and (ii) the other 2 members initially appointed pursuant to this amendatory Act of the 93rd General Assembly shall serve until the second Wednesday of January, 2007.

The term of the member of the State Board of Education whose seat was vacant on April 27, 2004 and whose term expires on January 10, 2007 shall instead terminate on the effective date of this amendatory Act of the 93rd General Assembly. The member initially appointed pursuant to this amendatory Act of the 93rd General Assembly to fill this seat shall be the chairperson and shall serve until the second Wednesday of January, 2007.

The term of the member of the State Board of Education whose seat was vacant on May 28, 2004 but after April 27, 2004 and whose term expires on January 10, 2007 shall instead terminate on the effective date of this amendatory Act of the 93rd General Assembly. The member initially appointed pursuant to this amendatory Act of the 93rd General Assembly to fill this seat shall serve until the second Wednesday of January, 2007.

The term of the other member of the State Board of Education whose term expires on January 10, 2007 shall instead terminate on the effective date of this amendatory Act of the 93rd General Assembly. The member initially appointed pursuant to this amendatory Act of the 93rd General Assembly to fill this seat shall serve until the second Wednesday of January, 2007.

The term of the member of the State Board of Education whose term expires on January 14, 2009 and who was selected from among the 5 counties of the State that are contiguous to Cook County and is a resident of Lake County shall instead terminate on the effective date of this amendatory Act of the 93rd General Assembly. The member initially appointed pursuant to this amendatory Act of the 93rd General Assembly to fill this seat shall serve until the second Wednesday of January, 2009.

Upon expiration of the terms of the members initially appointed under this amendatory Act of the 95th 93rd General Assembly and members whose terms were not terminated by this amendatory Act of the 93rd General Assembly, their respective successors shall be appointed for terms of 6 4 years, from the second Wednesday in January of each odd numbered year and until their respective successors are appointed and qualified.

(c) At Of the 4 members, excluding the chairperson, whose terms expire on the second Wednesday of January, 2007 and every 4 years thereafter, one of those members must be an at-large member and at no time may more than 5 2 of those members of the State Board of Education be from one political party. Of the 4 members whose terms expire on the second Wednesday of January, 2009 and every 4 years thereafter, one of those members must be an at-large member and at no time may more than 2 of those members be from one political party. Party membership is defined as having voted in the primary of the party in the last primary before appointment.

(c-5) The Nomination Panel is established to provide a list of nominees to the Governor for appointment to the State Board of Education. Members of the Nomination Panel must be appointed by majority vote of the following appointing authorities: the Governor, the Attorney General, and the Secretary of State. Each member of the Nomination Panel shall serve for a term that expires on January 15 of each even-numbered year and until his or her successor is appointed and has qualified. The appointing authorities may hold as many public or non-public meetings as is required to fulfill their duties and may utilize their respective staff and budget in carrying out their duties, provided that the final vote on appointees to the Nomination Panel shall take place in a meeting governed by the Open Meetings Act. Any ex parte communications regarding the Nomination Panel must be made a part of the record at the next public meeting and part of a written record. The appointing authorities shall file a list of members of the Nomination Panel with the Secretary of State within 30 days after the effective date of this amendatory Act of the 95th General Assembly. Thereafter, the appointing authorities shall file a list of members of the Nomination Panel with the Secretary of State within 30 days after January 15 of each even-numbered year. Members of the Nomination Panel may be reappointed. A vacancy on the Nomination Panel due to disqualification or resignation must be filled within 30 days after the vacancy, and the appointing authorities must file the name of the new appointee with the Secretary of State.

The Nomination Panel shall consist of the following 7 members:

(1) Two members must be former district superintendents.

(2) One member must be a former elementary school teacher.

(3) One member must be a former secondary school teacher.

(4) Two members must be former State legislators with significant experience and involvement in the elementary and secondary education appropriation process.

(5) One member must have at least 5 years of experience with a nonprofit agency in this State that is committed to education advocacy and has an interest in education reform.

The appointing authorities shall solicit recommendations from the Illinois Education Association, the Illinois Federation of Teachers, the Illinois Statewide School Management Alliance, ED-RED, the Illinois Association of Regional Superintendents of Schools, the Metropolitan Planning Council, the Illinois PTA, the Civic Committee of the Commercial Club of Chicago, Voices for Illinois Children, Action for Children, the Legislative Education Network of DuPage County (LEND), the South Cooperative Organization for Public Education (SCOPE), A+ Illinois, the Ounce of Prevention Fund, the Illinois Business Roundtable, and any other source deemed appropriate. Each member of the Nomination Panel shall receive $300 for each day the Nomination Panel meets.

At no time may more than 4 members of the Nomination Panel be from one political party. Party membership is defined as having voted in the primary of the party in the last primary before appointment.

Candidates for nomination to the State Board of Education may apply or be nominated. The Nomination Panel has 30 days after it is established to accept applications and nominations. All candidates must fill out a written application and submit to a background investigation to be eligible for consideration. The written application must include a sworn statement signed by the candidate disclosing any communications relating to the regulation of elementary and secondary education that the applicant has engaged in within the last year with a constitutional officer, a member of the General Assembly, an officer or other employee of the executive branch of this State, or an employee of the legislative branch of this State.

A person who provides false or misleading information on the application or fails to disclose a communication required to be disclosed in the sworn statement under this Section is guilty of a Class 3 felony.

Once an application is submitted to the Nomination Panel and until (i) the candidate is rejected by the Nomination Panel, (ii) the candidate is rejected by the Governor, (iii) the candidate is rejected by the Senate, or (iv) the candidate is confirmed by the Senate, whichever is applicable, a candidate may not engage in ex parte communications.

Within 60 days after the Nomination Panel is established, the Nomination Panel must review written applications, determine eligibility for oral interviews, confirm satisfactory background investigations, and hold public hearings on qualifications of candidates. Initial interviews of candidates need not be held in meetings subject to the Open Meetings Act; members or staff may arrange for informal interviews. Prior to recommendation, however, the Nomination Panel must question candidates under oath in a meeting subject to the Open Meetings Act.

The Nomination Panel must recommend 27 nominees for appointment to the State Board of Education within 60 days after the Nomination Panel is established. The Governor may choose only from these nominations. The Nomination Panel shall deliver a list of the nominees, including a memorandum detailing the nominees' qualifications, to the Governor. After submitting the list to the Governor, the Nomination Panel shall file a copy along with a statement confirming delivery of the list and memorandum to the Governor with the Secretary of State. The Secretary of State shall indicate the date and time of filing.

After reviewing the nominations, the Governor may select 9 nominees, including the chairperson, for appointment to the State Board of Education, to be confirmed by the Senate. The Governor shall file the names of his or her appointments with the Senate and the Secretary of State. The Secretary of State shall indicate the date and time of filing.

The Governor has 30 days from the date the Nomination Panel files its list of nominees with the Secretary of State to make appointments to be confirmed by the Senate. If the Governor does not select all appointees within this 30 days, the Nomination Panel may appoint those members not yet selected for appointment by the Governor. The Nomination Panel shall file the names of its appointments with the Senate and the Secretary of State. The Secretary of State shall indicate the date and time of filing.

Appointments by the Governor or Nomination Panel must be confirmed by the Senate by two-thirds of its members by record vote. Any appointment not acted upon within 30 calendar days after the date of filing the names of appointments with the Secretary of State shall be deemed to have received the advice and consent of the Senate.

(d) When a vacancy occurs on the State Board of Education, the Nomination Panel shall accept applications and nominations of candidates for 30 days from the date the vacancy occurred. All candidates must fill out a written application and submit to a background investigation to be eligible for consideration. The written application must include a sworn statement signed by the candidate disclosing any communications relating to the regulation of elementary and secondary education that the applicant has engaged in within the last year with a constitutional officer, a member of the General Assembly, an officer or other employee of the executive branch of this State, or an employee of the legislative branch of this State.

A person who provides false or misleading information on the application or fails to disclose a communication required to be disclosed in the sworn statement under this Section is guilty of a Class 3 felony. Once an application is submitted to the Nomination Panel and until (i) the candidate is rejected by the Nomination Panel, (ii) the candidate is rejected by the Governor, (iii) the candidate is rejected by the Senate, or (iv) the candidate is confirmed by the Senate, whichever is applicable, a candidate may not engage in ex parte communications.

The Nomination Panel must review written applications, determine eligibility for oral interviews, confirm satisfactory background investigations, and hold public hearings on qualifications of candidates. Initial interviews of candidates need not be held in meetings subject to the Open Meetings Act; members or staff may arrange for informal interviews. Prior to recommendation, however, the Nomination Panel must question candidates under oath in a meeting subject to the Open Meetings Act.

The Nomination Panel must nominate at least 3 candidates for the vacancy within 60 days after that vacancy occurs. Within 30 days after that, the Governor shall appoint one of those nominees to fill the vacancy for the remainder of the unexpired term. If the Governor does not fill the vacancy within the 30 days, the Nomination Panel may make the appointment. Vacancies shall be confirmed by the Senate in the same manner as full-term appointments under subsection (c-5) of this Section. Vacancies in terms shall be filled by appointment by the Governor with the advice and consent of the Senate for the extent of the unexpired term. If a vacancy in membership occurs at a time when the Senate is not in session, the Governor shall make a temporary appointment until the next meeting of the Senate, when the Governor shall appoint a person to fill that membership for the remainder of its term. If the Senate is not in session when appointments for a full term are made, the appointments shall be made as in the case of vacancies.

(Source: P.A. 93-1036, eff. 9-14-04.)

(105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)

Sec. 1A-2. Qualifications. The members of the State Board of Education shall be citizens of the United States and residents of the State of Illinois and shall be selected as far as may be practicable on the basis of their knowledge of, or interest and experience in, problems of public education. No member of the State Board of Education shall be gainfully employed or administratively connected with any school system, nor have any interest in or benefit from funds provided by the State Board of Education to an institution of higher learning, public or private, within Illinois, nor shall they be members of a school board or board of school trustees of a public or nonpublic school, college, university or technical institution within Illinois. No member shall be appointed to more than 2 full-year six year terms. Members shall be reimbursed for all ordinary and necessary expenses incurred in performing their duties as members of the Board. Expenses shall be approved by the Board and be consistent with the laws, policies, and requirements of the State of Illinois regarding such expenditures, plus any member may include in his claim for expenses $50 per day for meeting days.

(Source: P.A. 90-548, eff. 1-1-98.)

(105 ILCS 5/1A-2.1) (from Ch. 122, par. 1A-2.1)

Sec. 1A-2.1. Vacancies. In addition to the authority of the Governor to remove a person from office under Section 10 of Article V of the Constitution of the State of Illinois, the State Board of Education The Governor may remove for incompetence, neglect of duty, or malfeasance in office any member of the State Board of Education by a two-thirds vote in favor of removal. A vacancy also exists on the State Board of Education when one or more of the following events occur:

1. A member dies.

2. A member files a written resignation with the Governor.

3. A member is adjudicated to be a person under legal disability under the Probate Act of 1975 or a person subject to involuntary admission under the Mental Health and Developmental Disabilities Code.

4. A member ceases to be a resident of the region from which he or she was appointed.

5. A member is convicted of an infamous crime or of any offense involving a violation of his or her duties under this Code.

6. A member fails to maintain the qualifications stated in Section 1A-2 of this Code.

(Source: P.A. 93-1036, eff. 9-14-04.)

(105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)

(Text of Section before amendment by P.A. 95-626)

Sec. 1A-4. Powers and duties of the Board.

A. (Blank).

B. The Board shall determine the qualifications of and appoint a chief education officer, to be known as the State Superintendent of Education, who may be proposed by the Governor and who shall serve at the pleasure of the Board and pursuant to a performance-based contract linked to statewide student performance and academic improvement within Illinois schools. Upon expiration or buyout of the contract of the State Superintendent of Education in office on the effective date of this amendatory Act of the 95th 93rd General Assembly, a new State Superintendent of Education may shall be appointed by a State Board of Education that consists of all of the new members initially to be appointed under this amendatory Act of the 95th General Assembly includes the 7 new Board members who were appointed to fill seats of members whose terms were terminated on the effective date of this amendatory Act of the 93rd General Assembly. Thereafter, a State Superintendent of Education must, at a minimum, be appointed at the beginning of each term of a Governor after that Governor has made appointments to the Board. A performance-based contract issued for the employment of a State Superintendent of Education must be for 4 years. A entered into on or after the effective date of this amendatory Act of the 93rd General Assembly must expire no later than February 1, 2007, and subsequent contracts must expire no later than February 1 each 4 years thereafter. No contract shall be extended or renewed beyond February 1, 2007 and February 1 each 4 years thereafter, but a State Superintendent of Education shall serve until his or her successor is appointed. Each contract entered into on or before January 8, 2007 with a State Superintendent of Education must provide that the State Board of Education may terminate the contract for cause, and the State Board of Education shall not thereafter be liable for further payments under the contract. With regard to this amendatory Act of the 93rd General Assembly, it is the intent of the General Assembly that, beginning with the Governor who takes office on the second Monday of January, 2007, a State Superintendent of Education be appointed at the beginning of each term of a Governor after that Governor has made appointments to the Board. The State Superintendent of Education shall not serve as a member of the State Board of Education. The Board shall set the compensation of the State Superintendent of Education who shall serve as the Board's chief executive officer. The Board shall also establish the duties, powers and responsibilities of the State Superintendent, which shall be included in the State Superintendent's performance-based contract along with the goals and indicators of student performance and academic improvement used to measure the performance and effectiveness of the State Superintendent. The State Board of Education may delegate to the State Superintendent of Education the authority to act on the Board's behalf, provided such delegation is made pursuant to adopted board policy or the powers delegated are ministerial in nature. The State Board may not delegate authority under this Section to the State Superintendent to (1) nonrecognize school districts, (2) withhold State payments as a penalty, or (3) make final decisions under the contested case provisions of the Illinois Administrative Procedure Act unless otherwise provided by law.

C. The powers and duties of the State Board of Education shall encompass all duties delegated to the Office of Superintendent of Public Instruction on January 12, 1975, except as the law providing for such powers and duties is thereafter amended, and such other powers and duties as the General Assembly shall designate. The Board shall be responsible for the educational policies and guidelines for public schools, pre-school through grade 12 and Vocational Education in the State of Illinois. The Board shall analyze the present and future aims, needs, and requirements of education in the State of Illinois and recommend to the General Assembly the powers which should be exercised by the Board. Every year the The Board shall recommend the passage and the legislation necessary to determine the appropriate relationship between the Board and local boards of education and the various State agencies and shall recommend desirable modifications in the laws which affect schools.

D. Two members of the Board shall be appointed by the chairperson to serve on a standing joint Education Committee, 2 others shall be appointed from the Board of Higher Education, 2 others shall be appointed by the chairperson of the Illinois Community College Board, and 2 others shall be appointed by the chairperson of the Human Resource Investment Council. The Committee shall be responsible for making recommendations concerning the submission of any workforce development plan or workforce training program required by federal law or under any block grant authority. The Committee will be responsible for developing policy on matters of mutual concern to elementary, secondary and higher education such as Occupational and Career Education, Teacher Preparation and Certification, Educational Finance, Articulation between Elementary, Secondary and Higher Education and Research and Planning. The joint Education Committee shall meet at least quarterly and submit an annual report of its findings, conclusions, and recommendations to the State Board of Education, the Board of Higher Education, the Illinois Community College Board, the Human Resource Investment Council, the Governor, and the General Assembly. All meetings of this Committee shall be official meetings for reimbursement under this Act.

E. Five members of the Board shall constitute a quorum. A majority vote of the members appointed, confirmed and serving on the Board is required to approve any action, except that the 7 new Board members who were appointed to fill seats of members whose terms were terminated on the effective date of this amendatory act of the 93rd General Assembly may vote to approve actions when appointed and serving.

E-5. The Board shall prepare and submit to the General Assembly and the Governor on or before January 14, 1976 and annually thereafter a report or reports of its findings and recommendations. Such annual report shall contain a separate section which provides a critique and analysis of the status of education in Illinois and which identifies its specific problems and recommends express solutions therefor. Such annual report also shall contain the following information for the preceding year ending on June 30: each act or omission of a school district of which the State Board of Education has knowledge as a consequence of scheduled, approved visits and which constituted a failure by the district to comply with applicable State or federal laws or regulations relating to public education, the name of such district, the date or dates on which the State Board of Education notified the school district of such act or omission, and what action, if any, the school district took with respect thereto after being notified thereof by the State Board of Education. The report shall also include the statewide high school dropout rate by grade level, sex and race and the annual student dropout rate of and the number of students who graduate from, transfer from or otherwise leave bilingual programs. The annual report shall include any recommended legislation that the Board considers appropriate for the educational needs of this State and how far behind the federal government is on No Child Left Behind Act funding for this State. The Auditor General shall annually perform a compliance audit of the State Board of Education's performance of the reporting duty imposed by this subsection E-5 amendatory Act of 1986. A regular system of communication with other directly related State agencies shall be implemented.

The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report with the Speaker, the Minority Leader and the Clerk of the House of Representatives and the President, the Minority Leader and the Secretary of the Senate and the Legislative Council, as required by Section 3.1 of the General Assembly Organization Act, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.

F. Upon all of the new members initially to be appointed under this amendatory Act of the 95th General Assembly taking office appointment of the 7 new Board members who were appointed to fill seats of members whose terms were terminated on the effective date of this amendatory Act of the 93rd General Assembly, the Board shall review all of its current rules in an effort to streamline procedures, improve efficiency, and eliminate unnecessary forms and paperwork.

G. The Board shall provide the General Assembly with a separate budget that shows what is needed to fully fund all State mandates and to meet the educational needs of this State. This budget must be filed with the Secretary of the Senate and the Clerk of the House of Representatives at the same time that the information required to be submitted to the General Assembly under subdivision (b) of Section 6 of the Governor's Office of Management and Budget Act is filed with the Secretary of the Senate and the Clerk of the House of Representatives.

H. Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

(Source: P.A. 93-1036, eff. 9-14-04.)

(Text of Section after amendment by P.A. 95-626)

Sec. 1A-4. Powers and duties of the Board.

A. (Blank).

B. The Board shall determine the qualifications of and appoint a chief education officer, to be known as the State Superintendent of Education, who may be proposed by the Governor and who shall serve at the pleasure of the Board and pursuant to a performance-based contract linked to statewide student performance and academic improvement within Illinois schools. Upon expiration or buyout of the contract of the State Superintendent of Education in office on the effective date of this amendatory Act of the 95th 93rd General Assembly, a new State Superintendent of Education may shall be appointed by a State Board of Education that consists of all of the new members initially to be appointed under this amendatory Act of the 95th General Assembly includes the 7 new Board members who were appointed to fill seats of members whose terms were terminated on the effective date of this amendatory Act of the 93rd General Assembly. Thereafter, a State Superintendent of Education must, at a minimum, be appointed at the beginning of each term of a Governor after that Governor has made appointments to the Board. A performance-based contract issued for the employment of a State Superintendent of Education must be for 4 years. A entered into on or after the effective date of this amendatory Act of the 93rd General Assembly must expire no later than February 1, 2007, and subsequent contracts must expire no later than February 1 each 4 years thereafter. No contract shall be extended or renewed beyond February 1, 2007 and February 1 each 4 years thereafter, but a State Superintendent of Education shall serve until his or her successor is appointed. Each contract entered into on or before January 8, 2007 with a State Superintendent of Education must provide that the State Board of Education may terminate the contract for cause, and the State Board of Education shall not thereafter be liable for further payments under the contract. With regard to this amendatory Act of the 93rd General Assembly, it is the intent of the General Assembly that, beginning with the Governor who takes office on the second Monday of January, 2007, a State Superintendent of Education be appointed at the beginning of each term of a Governor after that Governor has made appointments to the Board. The State Superintendent of Education shall not serve as a member of the State Board of Education. The Board shall set the compensation of the State Superintendent of Education who shall serve as the Board's chief executive officer. The Board shall also establish the duties, powers and responsibilities of the State Superintendent, which shall be included in the State Superintendent's performance-based contract along with the goals and indicators of student performance and academic improvement used to measure the performance and effectiveness of the State Superintendent. The State Board of Education may delegate to the State Superintendent of Education the authority to act on the Board's behalf, provided such delegation is made pursuant to adopted board policy or the powers delegated are ministerial in nature. The State Board may not delegate authority under this Section to the State Superintendent to (1) nonrecognize school districts, (2) withhold State payments as a penalty, or (3) make final decisions under the contested case provisions of the Illinois Administrative Procedure Act unless otherwise provided by law.

C. The powers and duties of the State Board of Education shall encompass all duties delegated to the Office of Superintendent of Public Instruction on January 12, 1975, except as the law providing for such powers and duties is thereafter amended, and such other powers and duties as the General Assembly shall designate. The Board shall be responsible for the educational policies and guidelines for public schools, pre-school through grade 12 and Vocational Education in the State of Illinois. The Board shall analyze the present and future aims, needs, and requirements of education in the State of Illinois and recommend to the General Assembly the powers which should be exercised by the Board. Every year, the The Board shall recommend the passage and the legislation necessary to determine the appropriate relationship between the Board and local boards of education and the various State agencies and shall recommend desirable modifications in the laws which affect schools.

D. Two members of the Board shall be appointed by the chairperson to serve on a standing joint Education Committee, 2 others shall be appointed from the Board of Higher Education, 2 others shall be appointed by the chairperson of the Illinois Community College Board, and 2 others shall be appointed by the chairperson of the Human Resource Investment Council. The Committee shall be responsible for making recommendations concerning the submission of any workforce development plan or workforce training program required by federal law or under any block grant authority. The Committee will be responsible for developing policy on matters of mutual concern to elementary, secondary and higher education such as Occupational and Career Education, Teacher Preparation and Certification, Educational Finance, Articulation between Elementary, Secondary and Higher Education and Research and Planning. The joint Education Committee shall meet at least quarterly and submit an annual report of its findings, conclusions, and recommendations to the State Board of Education, the Board of Higher Education, the Illinois Community College Board, the Human Resource Investment Council, the Governor, and the General Assembly. All meetings of this Committee shall be official meetings for reimbursement under this Act. On the effective date of this amendatory Act of the 95th General Assembly, the Joint Education Committee is abolished.

E. Five members of the Board shall constitute a quorum. A majority vote of the members appointed, confirmed and serving on the Board is required to approve any action, except that the 7 new Board members who were appointed to fill seats of members whose terms were terminated on the effective date of this amendatory act of the 93rd General Assembly may vote to approve actions when appointed and serving.

E-5. The Board shall prepare and submit to the General Assembly and the Governor on or before January 14, 1976 and annually thereafter a report or reports of its findings and recommendations. Such annual report shall contain a separate section which provides a critique and analysis of the status of education in Illinois and which identifies its specific problems and recommends express solutions therefor. Such annual report also shall contain the following information for the preceding year ending on June 30: each act or omission of a school district of which the State Board of Education has knowledge as a consequence of scheduled, approved visits and which constituted a failure by the district to comply with applicable State or federal laws or regulations relating to public education, the name of such district, the date or dates on which the State Board of Education notified the school district of such act or omission, and what action, if any, the school district took with respect thereto after being notified thereof by the State Board of Education. The report shall also include the statewide high school dropout rate by grade level, sex and race and the annual student dropout rate of and the number of students who graduate from, transfer from or otherwise leave bilingual programs. The annual report shall include any recommended legislation that the Board considers appropriate for the educational needs of this State and how far behind the federal government is on No Child Left Behind Act funding for this State. The Auditor General shall annually perform a compliance audit of the State Board of Education's performance of the reporting duty imposed by this subsection E-5 amendatory Act of 1986. A regular system of communication with other directly related State agencies shall be implemented.

The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report with the Speaker, the Minority Leader and the Clerk of the House of Representatives and the President, the Minority Leader and the Secretary of the Senate and the Legislative Council, as required by Section 3.1 of the General Assembly Organization Act, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.

F. Upon all of the new members initially to be appointed under this amendatory Act of the 95th General Assembly taking office appointment of the 7 new Board members who were appointed to fill seats of members whose terms were terminated on the effective date of this amendatory Act of the 93rd General Assembly, the Board shall review all of its current rules in an effort to streamline procedures, improve efficiency, and eliminate unnecessary forms and paperwork.

G. The Board shall provide the General Assembly with a separate budget that shows what is needed to fully fund all State mandates and to meet the educational needs of this State. This budget must be filed with the Secretary of the Senate and the Clerk of the House of Representatives at the same time that the information required to be submitted to the General Assembly under subdivision (b) of Section 6 of the Governor's Office of Management and Budget Act is filed with the Secretary of the Senate and the Clerk of the House of Representatives.

H. Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

(Source: P.A. 95-626, eff. 6-1-08.)

(105 ILCS 5/1A-12 new)

Sec. 1A-12. State Board of Education Advisory Board.

(a) There is created the State Board of Education Advisory Board composed of 8 members of the General Assembly who are appointed, 2 each, by the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives.

(b) Members of the Advisory Board shall serve for 2 years. Vacancies shall be filled by appointment for the unexpired term in the same manner as original appointments are made. The Advisory Board shall elect 2 co-chairpersons from among its members, one a House member and one a Senate member. The 2 co-chairpersons must represent different political parties.

(c) Members of the Advisory Board shall serve without compensation, but must be reimbursed by the State Board of Education, from funds appropriated for that purpose, for necessary expenses in connection with the performance of the Advisory Board's duties.

(d) The Advisory Board (i) shall meet quarterly or as needed, (ii) shall produce and request any reports it deems necessary, (iii) shall provide advisory oversight of the State Board of Education, and (iv) shall work with the State Board of Education in an advisory capacity to implement the State Board's powers and duties.

(105 ILCS 5/1A-13 new)

Sec. 1A-13. Ex parte communications.

(a) This Section applies to ex parte communications made to the State Board of Education.

(b) In this Section, "ex parte communication" means any written or oral communication by any person that imparts or requests material information or makes a material argument regarding potential action concerning financial, budgetary, or investment matters pending before or under consideration by the State Board of Education. "Ex parte communication" does not include (i) statements by a person publicly made in a public forum, (ii) statements regarding matters of procedure and practice, such as format, the number of copies required, the manner of filing, and the status of a matter, and (iii) statements made by an employee of the State Board to the agency head of the State Board or to other employees of the State Board.

(c) An ex parte communication received by the State Board of Education, the State Superintendent of Education, or other State Board employee from the Governor or his or her official representative, employee, or attorney shall promptly be memorialized and made a part of the record. The ex parte communication shall promptly be filed with the Executive Ethics Commission, including all written communications, all written responses to the communications, and a memorandum stating the nature and substance of all oral communications, the identity and job title of the person to whom each communication was made, all responses made, the identity and job title of the person making each response, the identity of each person from whom the written or oral ex parte communication was received, the individual or entity represented by that person, any action the person requested or recommended, and any other pertinent information. This disclosure shall also contain the date of any ex parte communication.

(d) Ex parte communications filed with the Executive Ethics Commission under this Section must be open to public inspection.

(e) Any person who fails to (i) report an ex parte communication, (ii) make information part of the record, or (iii) make a filing with the Executive Ethics Commission as required by this Section violates the State Officials and Employees Ethics Act.

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.