HB1466 95TH GENERAL ASSEMBLY

LRB095 08544 NHT 28725 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1466

Introduced 2/21/2007, by Rep. Robert Rita

SYNOPSIS AS INTRODUCED:

105 ILCS 5/1A-12 new
30 ILCS 805/8.31 new

Amends the School Code. Provides that the State Board of Education shall have the necessary powers to promote sound academic management and to continue operation of the public schools. Provides that the State Board, after proper investigation of the school or school district's academic condition, may certify that a school or district is in academic difficulty if (i) the school or district has been placed on academic early warning status and has failed to make adequate yearly progress for a third consecutive year; (ii) the school or district has been placed on academic watch status; (iii) the district has failed to produce an acceptable school improvement plan following placement of the school or district on academic early warning status or academic watch status; (iv) the school or district has failed to provide the required percentage of highly qualified teachers to its students for 2 consecutive years and is determined to be in need of intervention by the State Board; or (v) the school or district has been engaged in documented and substantiated acts of mismanagement in regard to hiring practices that has placed the academic integrity of the school or district in question or has placed students in physical danger and that is determined to be in need of intervention by the State Board. Under certain circumstances, provides for the development of an academic improvement plan, the appointment of an academic oversight panel, and the establishment of a school or district academic authority panel. Amends the State Mandates Act to require implementation without reimbursement.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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 adding Section 1A-12 as follows:

(105 ILCS 5/1A-12 new)

Sec. 1A-12. Powers of the State Board in assisting schools and districts deemed in academic difficulties.

(a) To promote the academic integrity of schools and school districts, the State Board of Education shall have the necessary powers to promote sound academic management and to continue operation of the public schools.

(b) The State Board of Education, after proper investigation of the school or school district's academic condition, may certify that a school or district, including a school or district subject to Article 34 of this Code, is in academic difficulty if any of the following circumstances occur:

(1) The school or district has been placed on academic early warning status and has failed to make adequate yearly progress for a third consecutive year.

(2) The school or district has been placed on academic watch status.

(3) The district has failed to produce an acceptable school improvement plan following placement of the school or district on academic early warning status or academic watch status.

(4) The school or district has failed to provide the required percentage of highly qualified teachers to its students for 2 consecutive years and is determined to be in need of intervention by the State Board.

(5) The school or district has been engaged in documented and substantiated acts of mismanagement in regard to hiring practices, including without limitation the hiring of persons who do not meet minimal certification requirements for the positions being filled whether due to the submission of falsified credentials or simply a lack of credentials, that has placed the academic integrity of the school or district in question or has placed students in physical danger and that is determined to be in need of intervention by the State Board.

(c) A school or school district must not be certified to be in academic difficulty by reason of any of the circumstances listed under subsection (b) of this Section arising as a result of the failure of the county to make a distribution of property tax money due to the district at the time the distribution is due or if the school or district clearly demonstrates to the satisfaction of the State Board of Education at the time of the State Board's determination that none of the circumstances listed under subsection (b) of this Section exists any longer.

(d) If the State Board of Education certifies that a school or school district subject to Article 34 of this Code is in academic difficulty, the State Board shall so notify the Governor and the mayor of the city where the district is located.

(e) The State Board of Education may require a school or school district that is certified to be in academic difficulty, except a school or district subject to Article 34 of this Code, to develop, adopt, and submit an academic improvement plan within 45 days after certification of academic difficulty. The plan must be developed according to guidelines presented to the district by the State Board within 14 days after certification. The guidelines shall address the specific nature of the school's or district's academic difficulties. Any proposed local academic improvement plan of the school or district must be consistent with the academic improvement plan approved by the State Board.

A school or district certified to be in academic difficulty, other than a school or district subject to Article 34 of this Code, shall report to the State Board of Education, at such times and in such manner as the State Board may direct, concerning the school's or district's compliance with the academic improvement plan approved by the State Board. The State Board may review the school's or district's operations; obtain relevant employee information; obtain information on curricula standards, plans, and practices; require the school or district to produce reports; and have access to any other information in the possession of the school or district that the State Board deems relevant.

In a school's or district's first year of certified academic difficulty, other than a school or district subject to Article 34 of this Code, the State Board may advise the school or district on recommended or suggested methods of improving academic success in the school or district consistent with the school's or district's academic improvement plan approved by the State Board. The school or district may or may not accept or adopt these recommendations.

In a school's or district's second year of certified academic difficulty, other than a school or district subject to Article 34 of this Code, the State Board may issue recommendations or directives, within the State Board's powers, to the school or district to ensure compliance with the academic improvement plan approved by the State Board. The school or district shall produce such data, statements, reports, and other information as required by the State Board and comply with the State Board's directives.

If the State Board determines that a school or district, other than a school or district subject to Article 34 of this Code, has failed to comply with the academic improvement plan approved by the State Board, then the State Board may rescind approval of the plan and appoint an Academic Oversight Panel for the school or district. The Academic Oversight Panel may exercise veto power over school board decisions concerning the school or district, whichever is applicable, in an effort to ensure that the academic improvement plan is pursued as needed. This action may be taken only after the school or district has been given notice and an opportunity to appear before the State Board to discuss the school's or district's failure to comply with the academic improvement plan. If the Academic Oversight Panel fails to assist a school or district in meeting adequate yearly progress for 2 consecutive years, then the State Board shall establish a School Academic Authority Panel or District Academic Authority Panel, whichever is applicable, to exercise all of the powers and duties belonging to the school board concerning the school or district, whichever is applicable, which powers and duties are deemed transferred to the Panel upon establishment of the Panel.

(f) The State Board of Education may adopt any rules that are necessary to carry out its responsibilities under this Section.

Section 90. The State Mandates Act is amended by adding Section 8.31 as follows:

(30 ILCS 805/8.31 new)

Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 95th General Assembly.