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92_HB1440sam001
LRB9202641NTpkam
1 AMENDMENT TO HOUSE BILL 1440
2 AMENDMENT NO. . Amend House Bill 1440 by replacing
3 everything after the enacting clause with the following:
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, with the advice and consent of the Senate, a chief
16 education officer to be known as the State Superintendent of
17 Education who shall serve at the pleasure of the Board and
18 pursuant to a performance-based contract linked to statewide
19 student performance and academic improvement within Illinois
20 schools. No performance-based contract issued for the
21 employment of the State Superintendent of Education shall be
22 for a term longer than 3 years and no contract shall be
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1 extended or renewed prior to its scheduled expiration unless
2 the performance and improvement goals contained in the
3 contract have been met. The State Superintendent of
4 Education shall not serve as a member of the State Board of
5 Education. The Board shall set the compensation of the State
6 Superintendent of Education who shall serve as the Board's
7 chief executive officer. The Board shall also establish the
8 duties, powers and responsibilities of the State
9 Superintendent, which shall be included in the State
10 Superintendent's performance-based contract along with the
11 goals and indicators of student performance and academic
12 improvement used to measure the performance and effectiveness
13 of the State Superintendent. The State Board of Education may
14 delegate to the State Superintendent of Education the
15 authority to act on the Board's behalf, provided such
16 delegation is made pursuant to adopted board policy or the
17 powers delegated are ministerial in nature. The State Board
18 may not delegate authority under this Section to the State
19 Superintendent to (1) nonrecognize school districts, (2)
20 withhold State payments as a penalty, or (3) make final
21 decisions under the contested case provisions of the Illinois
22 Administrative Procedure Act unless otherwise provided by
23 law.
24 C. The powers and duties of the State Board of Education
25 shall encompass all duties delegated to the Office of
26 Superintendent of Public Instruction on January 12, 1975,
27 except as the law providing for such powers and duties is
28 thereafter amended, and such other powers and duties as the
29 General Assembly shall designate. The Board shall be
30 responsible for the educational policies and guidelines for
31 public schools, pre-school through grade 12 and Vocational
32 Education in the State of Illinois. The Board shall analyze
33 the present and future aims, needs, and requirements of
34 education in the State of Illinois and recommend to the
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1 General Assembly the powers which should be exercised by the
2 Board. The Board shall recommend the passage and the
3 legislation necessary to determine the appropriate
4 relationship between the Board and local boards of education
5 and the various State agencies and shall recommend desirable
6 modifications in the laws which affect schools.
7 D. Two members of the Board shall be appointed by the
8 chairperson to serve on a standing joint Education Committee,
9 2 others shall be appointed from the Board of Higher
10 Education, 2 others shall be appointed by the chairperson of
11 the Illinois Community College Board, and 2 others shall be
12 appointed by the chairperson of the Human Resource Investment
13 Council. The Committee shall be responsible for making
14 recommendations concerning the submission of any workforce
15 development plan or workforce training program required by
16 federal law or under any block grant authority. The
17 Committee will be responsible for developing policy on
18 matters of mutual concern to elementary, secondary and higher
19 education such as Occupational and Career Education, Teacher
20 Preparation and Certification, Educational Finance,
21 Articulation between Elementary, Secondary and Higher
22 Education and Research and Planning. The joint Education
23 Committee shall meet at least quarterly and submit an annual
24 report of its findings, conclusions, and recommendations to
25 the State Board of Education, the Board of Higher Education,
26 the Illinois Community College Board, the Human Resource
27 Investment Council, the Governor, and the General Assembly.
28 All meetings of this Committee shall be official meetings for
29 reimbursement under this Act.
30 E. Five members of the Board shall constitute a quorum.
31 A majority vote of the members appointed, confirmed and
32 serving on the Board is required to approve any action.
33 The Board shall prepare and submit to the General
34 Assembly and the Governor on or before January 14, 1976 and
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1 annually 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
4 of 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
7 for the preceding year ending on June 30: each act or
8 omission of a school district of which the State Board of
9 Education has knowledge as a consequence of scheduled,
10 approved visits and which constituted a failure by the
11 district to comply with applicable State or federal laws or
12 regulations relating to public education, the name of such
13 district, the date or dates on which the State Board of
14 Education notified the school district of such act or
15 omission, and what action, if any, the school district took
16 with respect thereto after being notified thereof by the
17 State Board of Education. The report shall also include the
18 statewide high school dropout rate by grade level, sex and
19 race and the annual student dropout rate of and the number of
20 students who graduate from, transfer from or otherwise leave
21 bilingual programs. The Auditor General shall annually
22 perform a compliance audit of the State Board of Education's
23 performance of the reporting duty imposed by this amendatory
24 Act of 1986. A regular system of communication with other
25 directly related State agencies shall be implemented.
26 The requirement for reporting to the General Assembly
27 shall be satisfied by filing copies of the report with the
28 Speaker, the Minority Leader and the Clerk of the House of
29 Representatives and the President, the Minority Leader and
30 the Secretary of the Senate and the Legislative Council, as
31 required by Section 3.1 of the General Assembly Organization
32 Act, and filing such additional copies with the State
33 Government Report Distribution Center for the General
34 Assembly as is required under paragraph (t) of Section 7 of
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1 the State Library Act.
2 (Source: P.A. 89-430, eff. 12-15-95; 89-610, eff. 8-6-96;
3 89-698, eff. 1-14-97; 90-548, eff. 1-1-98.)
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.".