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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0455 Introduced 2/2/2023, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
| | 105 ILCS 5/1A-4 | from Ch. 122, par. 1A-4 |
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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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1 | | AN ACT concerning education.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The School Code is amended by changing Section |
5 | | 1A-4 as follows:
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6 | | (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
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7 | | Sec. 1A-4. Powers and duties of the Board.
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8 | | A. (Blank).
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9 | | B. The The Board shall determine the qualifications of and |
10 | | appoint a
chief education officer, to be known as the State |
11 | | Superintendent of
Education, who may be proposed by the |
12 | | Governor and who shall serve at the pleasure of the Board and |
13 | | pursuant to a
performance-based contract linked to statewide |
14 | | student performance and academic
improvement within Illinois |
15 | | schools. Upon expiration or buyout of the contract of the |
16 | | State Superintendent of Education in office on the effective |
17 | | date of this amendatory Act of the 93rd General Assembly, a |
18 | | State Superintendent of Education shall be appointed by a |
19 | | State Board of Education that includes the 7 new Board members |
20 | | who were appointed to fill seats of members whose terms were |
21 | | terminated on the effective date of this amendatory Act of the |
22 | | 93rd General Assembly. Thereafter, a State Superintendent of |
23 | | Education must, at a minimum, be appointed at the beginning of |
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1 | | each term of a Governor after that Governor has made |
2 | | appointments to the Board. A performance-based
contract issued |
3 | | for the employment of a State Superintendent of
Education |
4 | | entered into on or after the effective date of this amendatory |
5 | | Act of the 93rd General Assembly must expire no later than |
6 | | February 1, 2007, and subsequent contracts must expire no |
7 | | later than February 1 each 4 years thereafter. No contract
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8 | | shall be
extended or renewed beyond February 1, 2007 and |
9 | | February 1 each 4 years thereafter, but a State Superintendent |
10 | | of Education shall serve until his or her successor is |
11 | | appointed. Each contract entered into on or before January 8, |
12 | | 2007 with a State Superintendent of Education must provide |
13 | | that the State Board of Education may terminate the contract |
14 | | for cause, and the State Board of Education shall not |
15 | | thereafter be liable for further payments under the contract. |
16 | | With regard to this amendatory Act of the 93rd General |
17 | | Assembly, it is the intent of the General Assembly that, |
18 | | beginning with the Governor who takes office on the second |
19 | | Monday of January, 2007, a State Superintendent of Education |
20 | | be appointed at the beginning of each term of a Governor after |
21 | | that Governor has made appointments to the Board. The State
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22 | | Superintendent of Education shall not serve as a member of the |
23 | | State
Board of Education. The Board shall set the compensation |
24 | | of the State
Superintendent of Education who shall serve as |
25 | | the Board's chief
executive officer. The Board shall also |
26 | | establish the duties, powers and
responsibilities of the State |
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1 | | Superintendent, which shall be included in the
State |
2 | | Superintendent's performance-based contract along with the |
3 | | goals and
indicators of student performance and academic |
4 | | improvement used to measure the
performance and effectiveness |
5 | | of the State Superintendent.
The State Board of Education may |
6 | | delegate
to the State Superintendent of Education the |
7 | | authority to act on the Board's
behalf, provided such |
8 | | delegation is made pursuant to adopted board policy
or the |
9 | | powers delegated are ministerial in nature. The State Board |
10 | | may
not delegate authority under this Section to the State |
11 | | Superintendent to
(1) nonrecognize school districts, (2) |
12 | | withhold State payments as a penalty,
or (3) make final |
13 | | decisions under the contested case provisions of the Illinois
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14 | | Administrative Procedure Act unless otherwise provided by law.
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15 | | C. The powers and duties of the State Board of Education |
16 | | shall encompass all
duties delegated to the Office of |
17 | | Superintendent of Public Instruction on
January 12, 1975, |
18 | | except as the law providing for such powers and duties is
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19 | | thereafter amended, and such other powers and duties as the |
20 | | General Assembly
shall designate. The Board shall be |
21 | | responsible for the educational policies
and guidelines for |
22 | | public schools, pre-school through grade
12 and Vocational |
23 | | Education in the State of Illinois. The Board shall
analyze |
24 | | the present and future aims, needs, and requirements of
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25 | | education in the State of Illinois and recommend to the |
26 | | General Assembly
the powers which should be exercised by the |
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1 | | Board. The Board shall
recommend the passage and the |
2 | | legislation necessary to determine the
appropriate |
3 | | relationship between the Board and local boards of education
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4 | | and the various State agencies and shall recommend desirable
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5 | | modifications in the laws which affect schools.
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6 | | D. Two members of the Board shall be appointed by the |
7 | | chairperson
to serve on a standing joint Education Committee, |
8 | | 2 others shall be
appointed from the Board of Higher |
9 | | Education, 2
others shall be appointed by the chairperson of |
10 | | the
Illinois Community College Board, and 2 others shall be |
11 | | appointed by the
chairperson of the Human Resource Investment |
12 | | Council. The
Committee shall be
responsible for making |
13 | | recommendations concerning the submission of any
workforce |
14 | | development plan or workforce training program required by |
15 | | federal
law or under any block grant authority. The Committee |
16 | | will be
responsible for developing policy on matters of mutual |
17 | | concern to
elementary, secondary and higher education such as |
18 | | Occupational and
Career Education, Teacher Preparation and |
19 | | Licensure, Educational
Finance, Articulation between |
20 | | Elementary, Secondary and Higher Education
and Research and |
21 | | Planning. The joint Education Committee shall meet at
least |
22 | | quarterly and submit an annual report of its findings,
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23 | | conclusions, and recommendations to the State Board of |
24 | | Education, the Board of
Higher Education, the Illinois |
25 | | Community College Board,
the Human Resource Investment |
26 | | Council, the Governor, and the
General
Assembly. All meetings |
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1 | | of this Committee shall be official meetings for
reimbursement |
2 | | under this Act. On the effective date of this amendatory Act of |
3 | | the 95th General Assembly, the Joint Education Committee is |
4 | | abolished.
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5 | | E. Five members of the Board shall constitute a quorum. A
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6 | | majority
vote of the members appointed, confirmed and serving |
7 | | on the Board is
required to approve any action, except that the |
8 | | 7 new Board members who were appointed to fill seats of members |
9 | | whose terms were terminated on the effective date of this |
10 | | amendatory act of the 93rd General Assembly may vote to |
11 | | approve actions when appointed and serving.
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12 | | F. Upon appointment of the 7 new Board members who were |
13 | | appointed to fill seats of members whose terms were terminated |
14 | | on the effective date of this amendatory Act of the 93rd |
15 | | General Assembly, the Board shall review all of its current |
16 | | rules in an effort to streamline procedures, improve |
17 | | efficiency, and eliminate unnecessary forms and paperwork.
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18 | | (Source: P.A. 102-894, eff. 5-20-22.)
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