Public Act 095-0626
 
HB1648 Enrolled LRB095 08340 NHT 31869 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
1A-4 and adding Section 22-45 as follows:
 
    (105 ILCS 5/1A-4)  (from Ch. 122, par. 1A-4)
    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 93rd General Assembly, a State
Superintendent of Education shall be appointed by a State Board
of Education that 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
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. 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.
    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 Auditor General shall
annually perform a compliance audit of the State Board of
Education's performance of the reporting duty imposed by this
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 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.
(Source: P.A. 93-1036, eff. 9-14-04.)
 
    (105 ILCS 5/22-45 new)
    Sec. 22-45. Illinois P-20 Council.
    (a) The General Assembly finds that preparing Illinoisans
for success in school and the workplace requires a continuum of
quality education from preschool through graduate school. This
State needs a framework to guide education policy and integrate
education at every level. A statewide coordinating council to
study and make recommendations concerning education at all
levels can avoid fragmentation of policies, promote improved
teaching and learning, and continue to cultivate and
demonstrate strong accountability and efficiency. Establishing
an Illinois P-20 Council will develop a statewide agenda that
will move the State towards the common goals of improving
academic achievement, increasing college access and success,
improving use of existing data and measurements, developing
improved accountability, promoting lifelong learning, easing
the transition to college, and reducing remediation. A
pre-kindergarten through grade 20 agenda will strengthen this
State's economic competitiveness by producing a highly-skilled
workforce. In addition, lifelong learning plans will enhance
this State's ability to leverage funding.
    (b) There is created the Illinois P-20 Council. The
Illinois P-20 Council shall include all of the following
members:
        (1) The Governor or his or designee, to serve as
    chairperson.
        (2) Four members of the General Assembly, one appointed
    by the Speaker of the House of Representatives, one
    appointed by the Minority Leader of the House of
    Representatives, one appointed by the President of the
    Senate, and one appointed by the Minority Leader of the
    Senate.
        (3) Six at-large members appointed by the Governor as
    follows:
            (A) one representative of civic leaders;
            (B) one representative of local government;
            (C) one representative of trade unions;
            (D) one representative of nonprofit organizations
        or foundations;
            (E) one representative of parents' organizations;
        and
            (F) one education research expert.
        (4) Five members appointed by statewide business
    organizations and business trade associations.
        (5) Six members appointed by statewide professional
    organizations and associations representing
    pre-kindergarten through grade 20 teachers, community
    college faculty, and public university faculty.
        (6) Two members appointed by associations representing
    local school administrators and school board members.
        (7) One member representing community colleges,
    appointed by the Illinois Council of Community College
    Presidents.
        (8) One member representing 4-year independent
    colleges and universities, appointed by a statewide
    organization representing private institutions of higher
    learning.
        (9) One member representing public 4-year
    universities, appointed jointly by the university
    presidents and chancellors.
        (10) Ex-officio members from the following State
    agencies, boards, commissions, and councils:
            (A) The State Superintendent of Education or his or
        her designee.
            (B) The Executive Director of the Board of Higher
        Education or his or her designee.
            (C) The President and Chief Executive Officer of
        the Illinois Community College Board or his or her
        designee.
            (D) The Executive Director of the Illinois Student
        Assistance Commission or his or her designee.
            (E) The Co-chairpersons of the Illinois Workforce
        Investment Board or their designee.
            (F) The Director of Commerce and Economic
        Opportunity or his or her designee.
            (G) The Chairperson of the Illinois Early Learning
        Council or his or her designee.
            (H) The President of the Illinois Mathematics and
        Science Academy or his or her designee.
Ex-officio members shall have no vote on the Illinois P-20
Council.
    Appointed members shall serve for staggered terms expiring
on July 1 of the first, second, or third calendar year
following their appointments or until their successors are
appointed and have qualified. Staggered terms shall be
determined by lot at the organizing meeting of the Illinois
P-20 Council.
    Vacancies shall be filled in the same manner as original
appointments, and any member so appointed shall serve during
the remainder of the term for which the vacancy occurred.
    (c) The Illinois P-20 Council shall be funded through State
appropriations to support staff activities, research,
data-collection, and dissemination. The Illinois P-20 Council
shall be staffed by the Office of the Governor, in coordination
with relevant State agencies, boards, and commissions. The
Illinois Education Research Council shall provide research and
coordinate research collection activities for the Illinois
P-20 Council.
    (d) The Illinois P-20 Council shall have all of the
following duties:
        (1) To make recommendations to do all of the following:
            (A) Coordinate pre-kindergarten through grade 20
        (graduate school) education in this State through
        working at the intersections of educational systems to
        promote collaborative infrastructure.
            (B) Coordinate and leverage strategies, actions,
        legislation, policies, and resources of all
        stakeholders to support fundamental and lasting
        improvement in this State's public schools, community
        colleges, and universities.
            (C) Better align the high school curriculum with
        postsecondary expectations.
            (D) Better align assessments across all levels of
        education.
            (E) Reduce the need for students entering
        institutions of higher education to take remedial
        courses.
            (F) Smooth the transition from high school to
        college.
            (G) Improve high school and college graduation
        rates.
            (H) Improve the rigor and relevance of academic
        standards for college and workforce readiness.
            (I) Better align college and university teaching
        programs with the needs of Illinois schools.
        (2) To advise the Governor, the General Assembly, the
    State's education and higher education agencies, and the
    State's workforce and economic development boards and
    agencies on policies related to lifelong learning for
    Illinois students and families.
        (3) To articulate a framework for systemic educational
    improvement that will enable every student to meet or
    exceed Illinois learning standards and be well-prepared to
    succeed in the workforce and community.
        (4) To provide an estimated fiscal impact for
    implementation of all Council recommendations.
    (e) The chairperson of the Illinois P-20 Council may
authorize the creation of working groups focusing on areas of
interest to Illinois educational and workforce development,
including without limitation the following areas:
        (1) Preparation, recruitment, and certification of
    highly qualified teachers.
        (2) Mentoring and induction of highly qualified
    teachers.
        (3) The diversity of highly qualified teachers.
        (4) Funding for highly qualified teachers, including
    developing a strategic and collaborative plan to seek
    federal and private grants to support initiatives
    targeting teacher preparation and its impact on student
    achievement.
        (5) Highly effective administrators.
        (6) Illinois birth through age 3 education,
    pre-kindergarten, and early childhood education.
        (7) The assessment, alignment, outreach, and network
    of college and workforce readiness efforts.
        (8) Alternative routes to college access.
        (9) Research data and accountability.
    The chairperson of the Illinois P-20 Council may designate
Council members to serve as working group chairpersons. Working
groups may invite organizations and individuals representing
pre-kindergarten through grade 20 interests to participate in
discussions, data collection, and dissemination.
 
    (110 ILCS 205/9.10 rep.)
    Section 10. The Board of Higher Education Act is amended by
repealing Section 9.10.

Effective Date: 6/1/2008