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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0878 Introduced 2/7/2017, by Sen. Andy Manar 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 State |
| 16 | | Superintendent of Education in office on the effective date of |
| 17 | | this amendatory Act of the 93rd General Assembly, a State |
| 18 | | Superintendent of Education shall be appointed by a State Board |
| 19 | | of Education that includes the 7 new Board members who were |
| 20 | | appointed to fill seats of members whose terms were terminated |
| 21 | | on the effective date of this amendatory Act of the 93rd |
| 22 | | 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 later |
| 7 | | than February 1 each 4 years thereafter. No contract
shall be
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| 8 | | extended or renewed beyond February 1, 2007 and February 1 each |
| 9 | | 4 years thereafter, but a State Superintendent of Education |
| 10 | | shall serve until his or her successor is appointed. Each |
| 11 | | contract entered into on or before January 8, 2007 with a State |
| 12 | | Superintendent of Education must provide that the State Board |
| 13 | | of Education may terminate the contract for cause, and the |
| 14 | | State Board of Education shall not thereafter be liable for |
| 15 | | further payments under the contract. With regard to this |
| 16 | | amendatory Act of the 93rd General Assembly, it is the intent |
| 17 | | of the General Assembly that, beginning with the Governor who |
| 18 | | takes office on the second Monday of January, 2007, a State |
| 19 | | Superintendent of Education be appointed at the beginning of |
| 20 | | each term of a Governor after that Governor has made |
| 21 | | appointments to the Board. The State
Superintendent of |
| 22 | | Education shall not serve as a member of the State
Board of |
| 23 | | Education. The Board shall set the compensation of the State
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| 24 | | Superintendent of Education who shall serve as the Board's |
| 25 | | chief
executive officer. The Board shall also establish the |
| 26 | | 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 authority |
| 7 | | to act on the Board's
behalf, provided such delegation is made |
| 8 | | pursuant to adopted board policy
or the powers delegated are |
| 9 | | ministerial in nature. The State Board may
not delegate |
| 10 | | authority under this Section to the State Superintendent to
(1) |
| 11 | | nonrecognize school districts, (2) withhold State payments as a |
| 12 | | penalty,
or (3) make final decisions under the contested case |
| 13 | | provisions of the Illinois
Administrative Procedure Act unless |
| 14 | | otherwise provided by law. |
| 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 the |
| 24 | | present and future aims, needs, and requirements of
education |
| 25 | | in the State of Illinois and recommend to the General Assembly
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| 26 | | the powers which should be exercised by the Board. The Board |
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| 1 | | shall
recommend the passage and the legislation necessary to |
| 2 | | determine the
appropriate relationship between the Board and |
| 3 | | local boards of education
and the various State agencies and |
| 4 | | shall recommend desirable
modifications in the laws which |
| 5 | | 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, 2 |
| 8 | | others shall be
appointed from the Board of Higher Education, 2
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| 9 | | others shall be appointed by the chairperson of the
Illinois |
| 10 | | Community College Board, and 2 others shall be appointed by the
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| 11 | | chairperson of the Human Resource Investment Council. The
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| 12 | | Committee shall be
responsible for making recommendations |
| 13 | | concerning the submission of any
workforce development plan or |
| 14 | | workforce training program required by federal
law or under any |
| 15 | | block grant authority. The Committee will be
responsible for |
| 16 | | developing policy on matters of mutual concern to
elementary, |
| 17 | | secondary and higher education such as Occupational and
Career |
| 18 | | Education, Teacher Preparation and Certification, Educational
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| 19 | | Finance, Articulation between Elementary, Secondary and Higher |
| 20 | | Education
and Research and Planning. The joint Education |
| 21 | | Committee shall meet at
least quarterly and submit an annual |
| 22 | | report of its findings,
conclusions, and recommendations to the |
| 23 | | State Board of Education, the Board of
Higher Education, the |
| 24 | | Illinois Community College Board,
the Human Resource |
| 25 | | Investment Council, the Governor, and the
General
Assembly. All |
| 26 | | meetings of this Committee shall be official meetings for
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| 1 | | reimbursement under this Act. On the effective date of this |
| 2 | | amendatory Act of the 95th General Assembly, the Joint |
| 3 | | Education Committee is abolished.
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| 4 | | E. Five members of the Board shall constitute a quorum. A
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| 5 | | majority
vote of the members appointed, confirmed and serving |
| 6 | | on the Board is
required to approve any action, except that the |
| 7 | | 7 new Board members who were appointed to fill seats of members |
| 8 | | whose terms were terminated on the effective date of this |
| 9 | | amendatory act of the 93rd General Assembly may vote to approve |
| 10 | | actions when appointed and serving.
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| 11 | | Using the most recently available data, the Board shall |
| 12 | | prepare and submit to the General Assembly and the
Governor on |
| 13 | | or before January 14, 1976 and annually thereafter a report
or |
| 14 | | reports of its findings and recommendations. Such annual report |
| 15 | | shall
contain a separate section which provides a critique and |
| 16 | | analysis of the
status of education in Illinois and which |
| 17 | | identifies its specific problems
and recommends express |
| 18 | | solutions therefor.
Such annual report also shall contain the |
| 19 | | following information for the
preceding year ending on June 30: |
| 20 | | each act or omission of a school district
of which the State |
| 21 | | Board of Education has knowledge as a consequence of
scheduled, |
| 22 | | approved visits and which constituted a
failure by the district |
| 23 | | to comply with applicable State or federal laws or
regulations |
| 24 | | relating to public education, the name of such district, the |
| 25 | | date
or dates on which the State Board of Education notified |
| 26 | | the school district of
such act or omission, and what action, |
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| 1 | | if any, the school district took with
respect thereto after |
| 2 | | being notified thereof by the State Board of Education.
The |
| 3 | | report shall also include the statewide high school dropout |
| 4 | | rate by
grade level, sex and race and the annual student |
| 5 | | dropout rate of and the
number of students who graduate from, |
| 6 | | transfer from or otherwise leave
bilingual programs. The |
| 7 | | Auditor General shall annually perform a
compliance audit of |
| 8 | | the State Board of Education's performance of the
reporting |
| 9 | | duty imposed by this amendatory Act of 1986. A regular system |
| 10 | | of
communication with other directly related State agencies |
| 11 | | shall be
implemented.
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| 12 | | The requirement for reporting to the General Assembly shall |
| 13 | | be satisfied
by filing copies of the report with the Speaker, |
| 14 | | the Minority Leader and
the Clerk of the House of |
| 15 | | Representatives and the President, the Minority
Leader and the |
| 16 | | Secretary of the Senate and the Legislative Council, as |
| 17 | | required
by Section 3.1 of the General
Assembly Organization |
| 18 | | Act, and
filing such additional
copies with the State |
| 19 | | Government Report Distribution Center for the General
Assembly |
| 20 | | as is required under paragraph (t) of Section 7 of the State |
| 21 | | Library
Act.
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| 22 | | F. Upon appointment of the 7 new Board members who were |
| 23 | | appointed to fill seats of members whose terms were terminated |
| 24 | | on the effective date of this amendatory Act of the 93rd |
| 25 | | General Assembly, the Board shall review all of its current |
| 26 | | rules in an effort to streamline procedures, improve |