Bill Text: IL HB4759 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the School Code. Makes a technical change in a Section concerning the powers and duties of the State Board of Education.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB4759 Detail]

Download: Illinois-2021-HB4759-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4759 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
105 ILCS 5/1A-4 from Ch. 122, par. 1A-4
Amends the School Code. Makes a technical change in a Section concerning the powers and duties of the State Board of Education.
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A BILL FOR
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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 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 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

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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

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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

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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

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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.
Using the most recently available data, 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

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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

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rules in an effort to streamline procedures, improve
efficiency, and eliminate unnecessary forms and paperwork.
(Source: P.A. 95-626, eff. 6-1-08; 95-793, eff. 1-1-09.)