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90_HB1637
105 ILCS 5/1A-4 from Ch. 122, par. 1A-4
Amends the School Code. Makes changes of style in the
provisions relating to the powers and duties of the State
Board of Education.
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1 AN ACT to amend the School Code by changing Section 1A-4.
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
5 Section 1A-4 as follows:
6 (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
7 Sec. 1A-4. Powers and duties of the Board.
8 A. Upon the appointment of new Board members as provided
9 in subsection (b) of Section 1A-1 and every 2 years
10 thereafter, the chairperson of the Board shall be selected by
11 the Governor, with the advice and consent of the Senate, from
12 the membership of the Board to serve as chairperson for 2
13 years.
14 B. The Board shall determine the qualifications of and
15 appoint a chief education officer to be known as the State
16 Superintendent of Education who shall serve at the pleasure
17 of the Board except that no contract issued for the
18 employment of the State Superintendent of Education shall be
19 for a term longer than 3 years. The State Superintendent of
20 Education shall not serve as a member of the State Board of
21 Education. The Board shall set the compensation of the State
22 Superintendent of Education who shall serve as the Board's
23 chief executive officer. The Board shall also establish the
24 duties, powers and responsibilities of that such officer. The
25 State Board of Education may delegate to the State
26 Superintendent of Education the authority to act on the
27 Board's behalf, provided that such delegation is made
28 pursuant to adopted board policy or the powers delegated are
29 ministerial in nature. The State Board may not delegate
30 authority under this Section to the State Superintendent to
31 (1) nonrecognize school districts, (2) withhold State
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1 payments as a penalty, or (3) make final decisions under the
2 contested case provisions of The Illinois Administrative
3 Procedure Act unless otherwise provided by law.
4 C. The powers and duties of the State Board of Education
5 shall encompass all duties delegated to the Office of
6 Superintendent of Public Instruction on January 12, 1975,
7 except as the law providing for such powers and duties is
8 thereafter amended, and such other powers and duties as the
9 General Assembly shall designate. The Board shall be
10 responsible for the educational policies and guidelines for
11 public schools, pre-school through grade 12 and Vocational
12 Education in the State of Illinois. The Board shall analyze
13 the present and future aims, needs, and requirements of
14 education in the State of Illinois and recommend to the
15 General Assembly the powers which should be exercised by the
16 Board. The Board shall recommend the passage and the
17 legislation necessary to determine the appropriate
18 relationship between the Board and local boards of education
19 and the various State agencies and shall recommend desirable
20 modifications in the laws which affect schools.
21 D. Two members of the Board shall be appointed by the
22 chairperson to serve on a standing joint Education Committee,
23 2 others shall be appointed from the Board of Higher
24 Education, 2 others shall be appointed by the chairperson of
25 the Illinois Community College Board, and 2 others shall be
26 appointed by the chairperson of the Human Resources
27 Investment Council. The Committee shall be responsible for
28 making recommendations concerning the submission of any
29 workforce development plan or workforce training program
30 required by federal law or under any block grant authority.
31 The Committee will be responsible for developing policy on
32 matters of mutual concern to elementary, secondary and higher
33 education such as Occupational and Career Education, Teacher
34 Preparation and Certification, Educational Finance,
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1 Articulation between Elementary, Secondary and Higher
2 Education and Research and Planning. The joint Education
3 Committee shall meet at least quarterly and submit an annual
4 report of its findings, conclusions, and recommendations to
5 the State Board of Education, the Board of Higher Education,
6 the Illinois Community College Board, the Human Resources
7 Investment Council, the Governor, and the General Assembly.
8 All meetings of this Committee shall be official meetings for
9 reimbursement under this Act.
10 E. Five members of the Board shall constitute a quorum.
11 A majority vote of the members appointed, confirmed and
12 serving on the Board is required to approve any action.
13 The Board shall prepare and submit to the General
14 Assembly and the Governor on or before January 14, 1976 and
15 annually thereafter a report or reports of its findings and
16 recommendations. Such annual report shall contain a separate
17 section which provides a critique and analysis of the status
18 of education in Illinois and which identifies its specific
19 problems and recommends express solutions therefor. Such
20 annual report also shall contain the following information
21 for the preceding year ending on June 30: each act or
22 omission of a school district of which the State Board of
23 Education has knowledge as a consequence of scheduled,
24 approved visits and which constituted a failure by the
25 district to comply with applicable State or federal laws or
26 regulations relating to public education, the name of such
27 district, the date or dates on which the State Board of
28 Education notified the school district of such act or
29 omission, and what action, if any, the school district took
30 with respect thereto after being notified thereof by the
31 State Board of Education. The report shall also include the
32 statewide high school dropout rate by grade level, sex and
33 race and the annual student dropout rate of and the number of
34 students who graduate from, transfer from or otherwise leave
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1 bilingual programs. The Auditor General shall annually
2 perform a compliance audit of the State Board of Education's
3 performance of the reporting duty imposed by this amendatory
4 Act of 1986. A regular system of communication with other
5 directly related State agencies shall be implemented.
6 The requirement for reporting to the General Assembly
7 shall be satisfied by filing copies of the report with the
8 Speaker, the Minority Leader and the Clerk of the House of
9 Representatives and the President, the Minority Leader and
10 the Secretary of the Senate and the Legislative Council, as
11 required by Section 3.1 of "An Act to revise the law in
12 relation to the General Assembly", approved February 25,
13 1874, as amended, and filing such additional copies with the
14 State Government Report Distribution Center for the General
15 Assembly as is required under paragraph (t) of Section 7 of
16 the State Library Act.
17 (Source: P.A. 89-430, eff. 12-15-95; 89-610, eff. 8-6-96;
18 89-698, eff. 1-14-97.)