94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2751


 
Introduced 1/20/2006, by Sen. Bill Brady
 
SYNOPSIS AS INTRODUCED:
 		























20 ILCS 5/5-15
  was 20 ILCS 5/3


20 ILCS 5/5-20
  was 20 ILCS 5/4



20 ILCS 5/5-338 new





105 ILCS 5/1A-0.01 new




105 ILCS 5/1A-4
  from Ch. 122, par. 1A-4



105 ILCS 5/1A-1 rep.





105 ILCS 5/1A-2 rep.





105 ILCS 5/1A-2.1 rep.









    Amends the Civil Administrative Code of Illinois and the School
Code. Creates the Department of Education, with a Secretary of
Education as its head, to replace the State Board of Education and State
Superintendent of Education. Makes technical changes having a revisory function.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB2751

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1
    AN ACT concerning education. 

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Civil Administrative Code of Illinois is 
5
amended by changing
Sections 5-15 and 5-20 and adding Section 
6
5-338 as follows:


 


7
    (20 ILCS 5/5-15)  (was 20 ILCS 5/3)


8
    (Text of Section before amendment by P.A. 94-696)

9
    Sec. 5-15. Departments of State government. The 
10
Departments of
State government are created as follows:

11
    The Department on Aging.

12
    The Department of Agriculture.

13
    The Department of Central Management Services.

14
    The Department of Children and Family Services.

15
    The Department of Commerce and Economic Opportunity.

16
    The Department of Corrections.

17
    The Department of Education.

18
    The Department of Employment Security.

19
    The Emergency Management Agency.

20
    The Department of Financial Institutions.

21
    The Department of Healthcare and Family Services.

22
    The Department of Human Rights.

23
    The Department of Human Services.

24
    The Department of Insurance.

25
    The Department of Labor.

26
    The Department of the Lottery.

27
    The Department of Natural Resources.

28
    The Department of Professional Regulation.

29
    The Department of Public Aid.

30
    The Department of Public Health.

31
    The Department of Revenue.

32
    The Department of State Police.

 


 






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    The Department of Transportation.

2
    The Department of Veterans' Affairs.

3
(Source: P.A. 93-25, eff. 6-20-03; 93-1029, eff. 8-25-04; 
4
revised 12-15-05.)

 
5
    (Text of Section after amendment by P.A. 94-696)

6
    Sec. 5-15. Departments of State government. The 
7
Departments of
State government are created as follows:

8
    The Department on Aging.

9
    The Department of Agriculture.

10
    The Department of Central Management Services.

11
    The Department of Children and Family Services.

12
    The Department of Commerce and Economic Opportunity.

13
    The Department of Corrections.

14
    The Department of Education.

15
    The Department of Employment Security.

16
    The Emergency Management Agency.

17
    The Department of Financial Institutions.

18
    The Department of Healthcare and Family Services.

19
    The Department of Human Rights.

20
    The Department of Human Services.

21
    The Department of Insurance.

22
    The Department of Juvenile Justice.

23
    The Department of Labor.

24
    The Department of the Lottery.

25
    The Department of Natural Resources.

26
    The Department of Professional Regulation.

27
    The Department of Public Aid.

28
    The Department of Public Health.

29
    The Department of Revenue.

30
    The Department of State Police.

31
    The Department of Transportation.

32
    The Department of Veterans' Affairs.

33
(Source: P.A. 93-25, eff. 6-20-03; 93-1029, eff. 8-25-04; 
34
94-696, eff. 6-1-06; revised 12-15-05.)

 


 


 






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1
    (20 ILCS 5/5-20)  (was 20 ILCS 5/4)


2
    (Text of Section before amendment by P.A. 94-696)

3
    Sec. 5-20. Heads of departments. Each department shall have 
4
an
officer as its head who shall
be known as director or 
5
secretary and who shall, subject to the
provisions of the Civil 
6
Administrative Code of Illinois,
execute the powers and 
7
discharge the duties
vested by law in his or her respective 
8
department.

9
    The following officers are hereby created:

10
    Director of Aging, for the Department on Aging.

11
    Director of Agriculture, for the Department of 
12
Agriculture.

13
    Director of Central Management Services, for the 
14
Department of Central
Management Services.

15
    Director of Children and Family Services, for the 
16
Department of Children and
Family Services.

17
    Director of Commerce and Economic Opportunity, for
the 
18
Department of Commerce
and Economic Opportunity.

19
    Director of Corrections, for the Department of 
20
Corrections.

21
    Secretary of Education, for the Department of Education.

22
    Director of Emergency Management Agency, for the Emergency 
23
Management Agency.

24
    Director of Employment Security, for the Department of 
25
Employment Security.

26
    Director of Financial Institutions, for the Department of 
27
Financial
Institutions.

28
    Director of Healthcare and Family Services, for the 
29
Department of Healthcare and Family Services.

30
    Director of Human Rights, for the Department of Human 
31
Rights.

32
    Secretary of Human Services, for the Department of Human 
33
Services.

34
    Director of Insurance, for the Department of Insurance.

35
    Director of Labor, for the Department of Labor.

36
    Director of the Lottery, for the Department of the Lottery.

 


 






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    Director of Natural Resources, for the Department of 
2
Natural Resources.

3
    Director of Professional Regulation, for the Department of 
4
Professional
Regulation.

5
    Director of Public Aid, for the Department of Public Aid.

6
    Director of Public Health, for the Department of Public 
7
Health.

8
    Director of Revenue, for the Department of Revenue.

9
    Director of State Police, for the Department of State 
10
Police.

11
    Secretary of Transportation, for the Department of 
12
Transportation.

13
    Director of Veterans' Affairs, for the Department of 
14
Veterans' Affairs.

15
(Source: P.A. 93-25, eff. 6-20-03; 93-1029, eff. 8-25-04; 
16
revised 12-15-05.)

 
17
    (Text of Section after amendment by P.A. 94-696)

18
    Sec. 5-20. Heads of departments. Each department shall have 
19
an
officer as its head who shall
be known as director or 
20
secretary and who shall, subject to the
provisions of the Civil 
21
Administrative Code of Illinois,
execute the powers and 
22
discharge the duties
vested by law in his or her respective 
23
department.

24
    The following officers are hereby created:

25
    Director of Aging, for the Department on Aging.

26
    Director of Agriculture, for the Department of 
27
Agriculture.

28
    Director of Central Management Services, for the 
29
Department of Central
Management Services.

30
    Director of Children and Family Services, for the 
31
Department of Children and
Family Services.

32
    Director of Commerce and Economic Opportunity, for
the 
33
Department of Commerce
and Economic Opportunity.

34
    Director of Corrections, for the Department of 
35
Corrections.

 


 






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    Secretary of Education, for the Department of Education.

2
    Director of Emergency Management Agency, for the Emergency 
3
Management Agency.

4
    Director of Employment Security, for the Department of 
5
Employment Security.

6
    Director of Financial Institutions, for the Department of 
7
Financial
Institutions.

8
    Director of Healthcare and Family Services, for the 
9
Department of Healthcare and Family Services.

10
    Director of Human Rights, for the Department of Human 
11
Rights.

12
    Secretary of Human Services, for the Department of Human 
13
Services.

14
    Director of Insurance, for the Department of Insurance.

15
    Director of Juvenile Justice, for the Department of 
16
Juvenile Justice.

17
    Director of Labor, for the Department of Labor.

18
    Director of the Lottery, for the Department of the Lottery.

19
    Director of Natural Resources, for the Department of 
20
Natural Resources.

21
    Director of Professional Regulation, for the Department of 
22
Professional
Regulation.

23
    Director of Public Aid, for the Department of Public Aid.

24
    Director of Public Health, for the Department of Public 
25
Health.

26
    Director of Revenue, for the Department of Revenue.

27
    Director of State Police, for the Department of State 
28
Police.

29
    Secretary of Transportation, for the Department of 
30
Transportation.

31
    Director of Veterans' Affairs, for the Department of 
32
Veterans' Affairs.

33
(Source: P.A. 93-25, eff. 6-20-03; 93-1029, eff. 8-25-04; 
34
94-696, eff. 6-1-06; revised 12-15-05.)


 
35
    (20 ILCS 5/5-338 new)

 


 






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1
    Sec. 5-338. In the Department of Education.  The Secretary 
2
of
Education shall receive an annual salary as set by the 
3
Governor from
time to time or as set by the Compensation Review 
4
Board, whichever is
greater.



 
5
    Section 10. The School Code is amended by adding Section 
6
1A-0.01 and
changing
Section 1A-4 as follows:


 
7
    (105 ILCS 5/1A-0.01 new)

8
    Sec. 1A-0.01. Former State Board of Education and State

9
Superintendent of Education.

10
    (a) On the effective date of this amendatory Act of the 
11
94th
General Assembly, all powers and duties of the State Board 
12
of Education
shall be transferred to the Department of 
13
Education and all powers and
duties of the State Superintendent 
14
of Education shall be transferred to
the Secretary of 
15
Education.

16
    (b) References in this Code or any other law to the State 
17
Board of
Education shall be deemed to refer to the Department 
18
of Education.
References in this Code or any other law to the 
19
State Superintendent of
Education shall be deemed to refer to 
20
the Secretary of Education.

21
    (c) All rules, standards, and procedures adopted by the 
22
State
Board of Education shall continue in effect as the rules, 
23
standards, and
procedures of the Department of Education, until 
24
they are modified or
abolished by the Department. All rules, 
25
standards, and procedures
adopted by the State Superintendent 
26
of Education shall continue in
effect as the rules, standards, 
27
and procedures of the Secretary of
Education, until they are 
28
modified or abolished by the Secretary.

29
    (d) All books, records, funds, and other property of any 
30
kind or
nature belonging or in any way appertaining to the 
31
State Board of
Education shall be transferred and paid over to 
32
the Department of
Education. All books, records, funds, and 
33
other property of any kind or
nature belonging or in any way 
34
appertaining to the State Superintendent
of Education shall be 
 


 






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transferred and paid over to the Secretary of
Education.


 



2
    (105 ILCS 5/1A-4)  (from Ch. 122, par. 1A-4)


3
    Sec. 1A-4. Powers and duties of the Board. 

4
    A. (Blank).

5
    B. (Blank).
The Board shall determine the qualifications of 
6
and appoint a
chief education officer, to be known as the State 
7
Superintendent of
Education, who may be proposed by the 
8
Governor and who shall serve at the pleasure of the Board and 
9
pursuant to a
performance-based contract linked to statewide 
10
student performance and academic
improvement within Illinois 
11
schools. Upon expiration or buyout of the contract of the State 
12
Superintendent of Education in office on the effective date of 
13
this amendatory Act of the 93rd General Assembly, a State 
14
Superintendent of Education shall be appointed by a State Board 
15
of Education that includes the 7 new Board members who were 
16
appointed to fill seats of members whose terms were terminated 
17
on the effective date of this amendatory Act of the 93rd 
18
General Assembly.  Thereafter, a State Superintendent of 
19
Education must, at a minimum, be appointed at the beginning of 
20
each term of a Governor after that Governor has made 
21
appointments to the Board. A performance-based
contract issued 
22
for the employment of a State Superintendent of
Education 
23
entered into on or after the effective date of this amendatory 
24
Act of the 93rd General Assembly must expire no later than 
25
February 1, 2007, and subsequent contracts must expire no later 
26
than February 1 each 4 years thereafter. No contract
shall be

27
extended or renewed beyond February 1, 2007 and February 1 each 
28
4 years thereafter, but a State Superintendent of Education 
29
shall serve until his or her successor is appointed.  Each 
30
contract entered into on or before January 8, 2007 with a State 
31
Superintendent of Education must provide that the State Board 
32
of Education may terminate the contract for cause, and the 
33
State Board of Education shall not thereafter be liable for 
34
further payments under the contract.  With regard to this 
35
amendatory Act of the 93rd General Assembly, it is the intent 
 


 






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1
of the General Assembly that, beginning with the Governor who 
2
takes office on the second Monday of January, 2007, a State 
3
Superintendent of Education be appointed at the beginning of 
4
each term of a Governor after that Governor has made 
5
appointments to the Board. The State
Superintendent of 
6
Education shall not serve as a member of the State
Board of 
7
Education.  The Board shall set the compensation of the State

8
Superintendent of Education who shall serve as the Board's 
9
chief
executive officer. The Board shall also establish the 
10
duties, powers and
responsibilities of the State 
11
Superintendent, which shall be included in the
State 
12
Superintendent's performance-based contract along with the 
13
goals and
indicators of student performance and academic 
14
improvement used to measure the
performance and effectiveness 
15
of the State Superintendent.
The State Board of Education may 
16
delegate
to the State Superintendent of Education the authority 
17
to act on the Board's
behalf, provided such delegation is made 
18
pursuant to adopted board policy
or the powers delegated are 
19
ministerial in nature.  The State Board may
not delegate 
20
authority under this Section to the State Superintendent to
(1) 
21
nonrecognize school districts, (2) withhold State payments as a 
22
penalty,
or (3) make final decisions under the contested case 
23
provisions of the Illinois
Administrative Procedure Act unless 
24
otherwise provided by law.

25
    C. The powers and duties of the State Board of Education 
26
shall encompass all
duties delegated to the Office of 
27
Superintendent of Public Instruction on
January 12, 1975, 
28
except as the law providing for such powers and duties is

29
thereafter amended, and such other powers and duties as the 
30
General Assembly
shall designate.  The Board shall be 
31
responsible for the educational policies
and guidelines for 
32
public schools, pre-school through grade
12 and Vocational 
33
Education in the State of Illinois.  The Board shall
analyze the 
34
present and future aims, needs, and requirements of
education 
35
in the State of Illinois and recommend to the General Assembly

36
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.

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

9
others shall be appointed by the chairperson of the
Illinois 
10
Community College Board, and 2 others shall be appointed by the

11
chairperson of the Human Resource Investment Council.  The

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

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

27
reimbursement under this Act.

28
    E. Five members of the Board shall constitute a quorum.  A

29
majority
vote of the members appointed, confirmed and serving 
30
on the Board is
required to approve any action, except that the 
31
7 new Board members who were appointed to fill seats of members 
32
whose terms were terminated on the effective date of this 
33
amendatory act of the 93rd General Assembly may vote to approve 
34
actions when appointed and serving.

35
    The Board shall prepare and submit to the General Assembly 
36
and the
Governor on or before January 14, 1976 and annually 
 


 






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1
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 of 
4
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 for 
7
the
preceding year ending on June 30: each act or omission of a 
8
school district
of which the State Board of Education has 
9
knowledge as a consequence of
scheduled, approved visits and 
10
which constituted a
failure by the district to comply with 
11
applicable State or federal laws or
regulations relating to 
12
public education, the name of such district, the date
or dates 
13
on which the State Board of Education notified the school 
14
district of
such act or omission, and what action, if any, the 
15
school district took with
respect thereto after being notified 
16
thereof by the State Board of Education.
The report shall also 
17
include the statewide high school dropout rate by
grade level, 
18
sex and race and the annual student dropout rate of and the

19
number of students who graduate from, transfer from or 
20
otherwise leave
bilingual programs.  The Auditor General shall 
21
annually perform a
compliance audit of the State Board of 
22
Education's performance of the
reporting duty imposed by this 
23
amendatory Act of 1986. A regular system of
communication with 
24
other directly related State agencies shall be
implemented.

25
    The requirement for reporting to the General Assembly shall 
26
be satisfied
by filing copies of the report with the Speaker, 
27
the Minority Leader and
the Clerk of the House of 
28
Representatives and the President, the Minority
Leader and the 
29
Secretary of the Senate and the Legislative Council, as 
30
required
by Section 3.1 of the General
Assembly Organization 
31
Act, and
filing such additional
copies with the State 
32
Government Report Distribution Center for the General
Assembly 
33
as is required under paragraph (t) of Section 7 of the State 
34
Library
Act.

35
    F.  (Blank).
Upon appointment of the 7 new Board members who 
36
were appointed to fill seats of members whose terms were 
 


 






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1
terminated on the effective date of this amendatory Act of the 
2
93rd General Assembly, the Board shall review all of its 
3
current rules in an effort to streamline procedures, improve 
4
efficiency, and eliminate unnecessary forms and paperwork.

5
(Source: P.A. 93-1036, eff. 9-14-04.)


 
6
    (105 ILCS 5/1A-1 rep.)

7
    (105 ILCS 5/1A-2 rep.)

8
    (105 ILCS 5/1A-2.1 rep.)

9
    Section 15. The School Code is amended by repealing 
10
Sections 1A-1, 1A-2, and
1A-2.1.