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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4232
Introduced , by Rep. Lou Lang SYNOPSIS AS INTRODUCED: |
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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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HB4232 |
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LRB095 15648 RAS 41652 b |
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1 |
| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section |
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| 1A-4 as follows:
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| (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
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| (Text of Section before amendment by P.A. 95-626 )
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| Sec. 1A-4. Powers and duties of the Board.
|
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| A. (Blank).
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| B. The The Board shall determine the qualifications of and |
11 |
| appoint a
chief education officer, to be known as the State |
12 |
| Superintendent of
Education, who may be proposed by the |
13 |
| Governor and who shall serve at the pleasure of the Board and |
14 |
| pursuant to a
performance-based contract linked to statewide |
15 |
| student performance and academic
improvement within Illinois |
16 |
| schools. Upon expiration or buyout of the contract of the State |
17 |
| Superintendent of Education in office on the effective date of |
18 |
| this amendatory Act of the 93rd General Assembly, a State |
19 |
| Superintendent of Education shall be appointed by a State Board |
20 |
| of Education that includes the 7 new Board members who were |
21 |
| appointed to fill seats of members whose terms were terminated |
22 |
| on the effective date of this amendatory Act of the 93rd |
23 |
| General Assembly. Thereafter, a State Superintendent of |
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HB4232 |
- 2 - |
LRB095 15648 RAS 41652 b |
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|
1 |
| Education must, at a minimum, be appointed at the beginning of |
2 |
| each term of a Governor after that Governor has made |
3 |
| appointments to the Board. A performance-based
contract issued |
4 |
| for the employment of a State Superintendent of
Education |
5 |
| entered into on or after the effective date of this amendatory |
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| Act of the 93rd General Assembly must expire no later than |
7 |
| February 1, 2007, and subsequent contracts must expire no later |
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| than February 1 each 4 years thereafter. No contract
shall be
|
9 |
| extended or renewed beyond February 1, 2007 and February 1 each |
10 |
| 4 years thereafter, but a State Superintendent of Education |
11 |
| shall serve until his or her successor is appointed. Each |
12 |
| contract entered into on or before January 8, 2007 with a State |
13 |
| Superintendent of Education must provide that the State Board |
14 |
| of Education may terminate the contract for cause, and the |
15 |
| State Board of Education shall not thereafter be liable for |
16 |
| further payments under the contract. With regard to this |
17 |
| amendatory Act of the 93rd General Assembly, it is the intent |
18 |
| of the General Assembly that, beginning with the Governor who |
19 |
| takes office on the second Monday of January, 2007, a State |
20 |
| Superintendent of Education be appointed at the beginning of |
21 |
| each term of a Governor after that Governor has made |
22 |
| appointments to the Board. The State
Superintendent of |
23 |
| Education shall not serve as a member of the State
Board of |
24 |
| Education. The Board shall set the compensation of the State
|
25 |
| Superintendent of Education who shall serve as the Board's |
26 |
| chief
executive officer. The Board shall also establish the |
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HB4232 |
- 3 - |
LRB095 15648 RAS 41652 b |
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|
1 |
| duties, powers and
responsibilities of the State |
2 |
| Superintendent, which shall be included in the
State |
3 |
| Superintendent's performance-based contract along with the |
4 |
| goals and
indicators of student performance and academic |
5 |
| improvement used to measure the
performance and effectiveness |
6 |
| of the State Superintendent.
The State Board of Education may |
7 |
| delegate
to the State Superintendent of Education the authority |
8 |
| to act on the Board's
behalf, provided such delegation is made |
9 |
| pursuant to adopted board policy
or the powers delegated are |
10 |
| ministerial in nature. The State Board may
not delegate |
11 |
| authority under this Section to the State Superintendent to
(1) |
12 |
| nonrecognize school districts, (2) withhold State payments as a |
13 |
| penalty,
or (3) make final decisions under the contested case |
14 |
| provisions of the Illinois
Administrative Procedure Act unless |
15 |
| otherwise provided by law.
|
16 |
| C. The powers and duties of the State Board of Education |
17 |
| shall encompass all
duties delegated to the Office of |
18 |
| Superintendent of Public Instruction on
January 12, 1975, |
19 |
| except as the law providing for such powers and duties is
|
20 |
| thereafter amended, and such other powers and duties as the |
21 |
| General Assembly
shall designate. The Board shall be |
22 |
| responsible for the educational policies
and guidelines for |
23 |
| public schools, pre-school through grade
12 and Vocational |
24 |
| Education in the State of Illinois. The Board shall
analyze the |
25 |
| present and future aims, needs, and requirements of
education |
26 |
| in the State of Illinois and recommend to the General Assembly
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HB4232 |
- 4 - |
LRB095 15648 RAS 41652 b |
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1 |
| the powers which should be exercised by the Board. The Board |
2 |
| shall
recommend the passage and the legislation necessary to |
3 |
| determine the
appropriate relationship between the Board and |
4 |
| local boards of education
and the various State agencies and |
5 |
| shall recommend desirable
modifications in the laws which |
6 |
| affect schools.
|
7 |
| D. Two members of the Board shall be appointed by the |
8 |
| chairperson
to serve on a standing joint Education Committee, 2 |
9 |
| others shall be
appointed from the Board of Higher Education, 2
|
10 |
| others shall be appointed by the chairperson of the
Illinois |
11 |
| Community College Board, and 2 others shall be appointed by the
|
12 |
| chairperson of the Human Resource Investment Council. The
|
13 |
| Committee shall be
responsible for making recommendations |
14 |
| concerning the submission of any
workforce development plan or |
15 |
| workforce training program required by federal
law or under any |
16 |
| block grant authority. The Committee will be
responsible for |
17 |
| developing policy on matters of mutual concern to
elementary, |
18 |
| secondary and higher education such as Occupational and
Career |
19 |
| Education, Teacher Preparation and Certification, Educational
|
20 |
| Finance, Articulation between Elementary, Secondary and Higher |
21 |
| Education
and Research and Planning. The joint Education |
22 |
| Committee shall meet at
least quarterly and submit an annual |
23 |
| report of its findings,
conclusions, and recommendations to the |
24 |
| State Board of Education, the Board of
Higher Education, the |
25 |
| Illinois Community College Board,
the Human Resource |
26 |
| Investment Council, the Governor, and the
General
Assembly. All |
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HB4232 |
- 5 - |
LRB095 15648 RAS 41652 b |
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|
1 |
| meetings of this Committee shall be official meetings for
|
2 |
| reimbursement under this Act.
|
3 |
| E. Five members of the Board shall constitute a quorum. A
|
4 |
| majority
vote of the members appointed, confirmed and serving |
5 |
| on the Board is
required to approve any action, except that the |
6 |
| 7 new Board members who were appointed to fill seats of members |
7 |
| whose terms were terminated on the effective date of this |
8 |
| amendatory act of the 93rd General Assembly may vote to approve |
9 |
| actions when appointed and serving.
|
10 |
| The Board shall prepare and submit to the General Assembly |
11 |
| and the
Governor on or before January 14, 1976 and annually |
12 |
| thereafter a report
or reports of its findings and |
13 |
| recommendations. Such annual report shall
contain a separate |
14 |
| section which provides a critique and analysis of the
status of |
15 |
| education in Illinois and which identifies its specific |
16 |
| problems
and recommends express solutions therefor.
Such |
17 |
| annual report also shall contain the following information for |
18 |
| the
preceding year ending on June 30: each act or omission of a |
19 |
| school district
of which the State Board of Education has |
20 |
| knowledge as a consequence of
scheduled, approved visits and |
21 |
| which constituted a
failure by the district to comply with |
22 |
| applicable State or federal laws or
regulations relating to |
23 |
| public education, the name of such district, the date
or dates |
24 |
| on which the State Board of Education notified the school |
25 |
| district of
such act or omission, and what action, if any, the |
26 |
| school district took with
respect thereto after being notified |
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HB4232 |
- 6 - |
LRB095 15648 RAS 41652 b |
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|
1 |
| thereof by the State Board of Education.
The report shall also |
2 |
| include the statewide high school dropout rate by
grade level, |
3 |
| sex and race and the annual student dropout rate of and the
|
4 |
| number of students who graduate from, transfer from or |
5 |
| otherwise leave
bilingual programs. The Auditor General shall |
6 |
| annually perform a
compliance audit of the State Board of |
7 |
| Education's performance of the
reporting duty imposed by this |
8 |
| amendatory Act of 1986. A regular system of
communication with |
9 |
| other directly related State agencies shall be
implemented.
|
10 |
| The requirement for reporting to the General Assembly shall |
11 |
| be satisfied
by filing copies of the report with the Speaker, |
12 |
| the Minority Leader and
the Clerk of the House of |
13 |
| Representatives and the President, the Minority
Leader and the |
14 |
| Secretary of the Senate and the Legislative Council, as |
15 |
| required
by Section 3.1 of the General
Assembly Organization |
16 |
| Act, and
filing such additional
copies with the State |
17 |
| Government Report Distribution Center for the General
Assembly |
18 |
| as is required under paragraph (t) of Section 7 of the State |
19 |
| Library
Act.
|
20 |
| F. Upon appointment of the 7 new Board members who were |
21 |
| appointed to fill seats of members whose terms were terminated |
22 |
| on the effective date of this amendatory Act of the 93rd |
23 |
| General Assembly, the Board shall review all of its current |
24 |
| rules in an effort to streamline procedures, improve |
25 |
| efficiency, and eliminate unnecessary forms and paperwork.
|
26 |
| (Source: P.A. 93-1036, eff. 9-14-04.)
|
|
|
|
HB4232 |
- 7 - |
LRB095 15648 RAS 41652 b |
|
|
1 |
| (Text of Section after amendment by P.A. 95-626 )
|
2 |
| Sec. 1A-4. Powers and duties of the Board.
|
3 |
| A. (Blank).
|
4 |
| B. The The Board shall determine the qualifications of and |
5 |
| appoint a
chief education officer, to be known as the State |
6 |
| Superintendent of
Education, who may be proposed by the |
7 |
| Governor and who shall serve at the pleasure of the Board and |
8 |
| pursuant to a
performance-based contract linked to statewide |
9 |
| student performance and academic
improvement within Illinois |
10 |
| schools. Upon expiration or buyout of the contract of the State |
11 |
| Superintendent of Education in office on the effective date of |
12 |
| this amendatory Act of the 93rd General Assembly, a State |
13 |
| Superintendent of Education shall be appointed by a State Board |
14 |
| of Education that includes the 7 new Board members who were |
15 |
| appointed to fill seats of members whose terms were terminated |
16 |
| on the effective date of this amendatory Act of the 93rd |
17 |
| General Assembly. Thereafter, a State Superintendent of |
18 |
| Education must, at a minimum, be appointed at the beginning of |
19 |
| each term of a Governor after that Governor has made |
20 |
| appointments to the Board. A performance-based
contract issued |
21 |
| for the employment of a State Superintendent of
Education |
22 |
| entered into on or after the effective date of this amendatory |
23 |
| Act of the 93rd General Assembly must expire no later than |
24 |
| February 1, 2007, and subsequent contracts must expire no later |
25 |
| than February 1 each 4 years thereafter. No contract
shall be
|
|
|
|
HB4232 |
- 8 - |
LRB095 15648 RAS 41652 b |
|
|
1 |
| extended or renewed beyond February 1, 2007 and February 1 each |
2 |
| 4 years thereafter, but a State Superintendent of Education |
3 |
| shall serve until his or her successor is appointed. Each |
4 |
| contract entered into on or before January 8, 2007 with a State |
5 |
| Superintendent of Education must provide that the State Board |
6 |
| of Education may terminate the contract for cause, and the |
7 |
| State Board of Education shall not thereafter be liable for |
8 |
| further payments under the contract. With regard to this |
9 |
| amendatory Act of the 93rd General Assembly, it is the intent |
10 |
| of the General Assembly that, beginning with the Governor who |
11 |
| takes office on the second Monday of January, 2007, a State |
12 |
| Superintendent of Education be appointed at the beginning of |
13 |
| each term of a Governor after that Governor has made |
14 |
| appointments to the Board. The State
Superintendent of |
15 |
| Education shall not serve as a member of the State
Board of |
16 |
| Education. The Board shall set the compensation of the State
|
17 |
| Superintendent of Education who shall serve as the Board's |
18 |
| chief
executive officer. The Board shall also establish the |
19 |
| duties, powers and
responsibilities of the State |
20 |
| Superintendent, which shall be included in the
State |
21 |
| Superintendent's performance-based contract along with the |
22 |
| goals and
indicators of student performance and academic |
23 |
| improvement used to measure the
performance and effectiveness |
24 |
| of the State Superintendent.
The State Board of Education may |
25 |
| delegate
to the State Superintendent of Education the authority |
26 |
| to act on the Board's
behalf, provided such delegation is made |
|
|
|
HB4232 |
- 9 - |
LRB095 15648 RAS 41652 b |
|
|
1 |
| pursuant to adopted board policy
or the powers delegated are |
2 |
| ministerial in nature. The State Board may
not delegate |
3 |
| authority under this Section to the State Superintendent to
(1) |
4 |
| nonrecognize school districts, (2) withhold State payments as a |
5 |
| penalty,
or (3) make final decisions under the contested case |
6 |
| provisions of the Illinois
Administrative Procedure Act unless |
7 |
| otherwise provided by law.
|
8 |
| C. The powers and duties of the State Board of Education |
9 |
| shall encompass all
duties delegated to the Office of |
10 |
| Superintendent of Public Instruction on
January 12, 1975, |
11 |
| except as the law providing for such powers and duties is
|
12 |
| thereafter amended, and such other powers and duties as the |
13 |
| General Assembly
shall designate. The Board shall be |
14 |
| responsible for the educational policies
and guidelines for |
15 |
| public schools, pre-school through grade
12 and Vocational |
16 |
| Education in the State of Illinois. The Board shall
analyze the |
17 |
| present and future aims, needs, and requirements of
education |
18 |
| in the State of Illinois and recommend to the General Assembly
|
19 |
| the powers which should be exercised by the Board. The Board |
20 |
| shall
recommend the passage and the legislation necessary to |
21 |
| determine the
appropriate relationship between the Board and |
22 |
| local boards of education
and the various State agencies and |
23 |
| shall recommend desirable
modifications in the laws which |
24 |
| affect schools.
|
25 |
| D. Two members of the Board shall be appointed by the |
26 |
| chairperson
to serve on a standing joint Education Committee, 2 |
|
|
|
HB4232 |
- 10 - |
LRB095 15648 RAS 41652 b |
|
|
1 |
| others shall be
appointed from the Board of Higher Education, 2
|
2 |
| others shall be appointed by the chairperson of the
Illinois |
3 |
| Community College Board, and 2 others shall be appointed by the
|
4 |
| chairperson of the Human Resource Investment Council. The
|
5 |
| Committee shall be
responsible for making recommendations |
6 |
| concerning the submission of any
workforce development plan or |
7 |
| workforce training program required by federal
law or under any |
8 |
| block grant authority. The Committee will be
responsible for |
9 |
| developing policy on matters of mutual concern to
elementary, |
10 |
| secondary and higher education such as Occupational and
Career |
11 |
| Education, Teacher Preparation and Certification, Educational
|
12 |
| Finance, Articulation between Elementary, Secondary and Higher |
13 |
| Education
and Research and Planning. The joint Education |
14 |
| Committee shall meet at
least quarterly and submit an annual |
15 |
| report of its findings,
conclusions, and recommendations to the |
16 |
| State Board of Education, the Board of
Higher Education, the |
17 |
| Illinois Community College Board,
the Human Resource |
18 |
| Investment Council, the Governor, and the
General
Assembly. All |
19 |
| meetings of this Committee shall be official meetings for
|
20 |
| reimbursement under this Act. On the effective date of this |
21 |
| amendatory Act of the 95th General Assembly, the Joint |
22 |
| Education Committee is abolished.
|
23 |
| E. Five members of the Board shall constitute a quorum. A
|
24 |
| majority
vote of the members appointed, confirmed and serving |
25 |
| on the Board is
required to approve any action, except that the |
26 |
| 7 new Board members who were appointed to fill seats of members |
|
|
|
HB4232 |
- 11 - |
LRB095 15648 RAS 41652 b |
|
|
1 |
| whose terms were terminated on the effective date of this |
2 |
| amendatory act of the 93rd General Assembly may vote to approve |
3 |
| actions when appointed and serving.
|
4 |
| The Board shall prepare and submit to the General Assembly |
5 |
| and the
Governor on or before January 14, 1976 and annually |
6 |
| thereafter a report
or reports of its findings and |
7 |
| recommendations. Such annual report shall
contain a separate |
8 |
| section which provides a critique and analysis of the
status of |
9 |
| education in Illinois and which identifies its specific |
10 |
| problems
and recommends express solutions therefor.
Such |
11 |
| annual report also shall contain the following information for |
12 |
| the
preceding year ending on June 30: each act or omission of a |
13 |
| school district
of which the State Board of Education has |
14 |
| knowledge as a consequence of
scheduled, approved visits and |
15 |
| which constituted a
failure by the district to comply with |
16 |
| applicable State or federal laws or
regulations relating to |
17 |
| public education, the name of such district, the date
or dates |
18 |
| on which the State Board of Education notified the school |
19 |
| district of
such act or omission, and what action, if any, the |
20 |
| school district took with
respect thereto after being notified |
21 |
| thereof by the State Board of Education.
The report shall also |
22 |
| include the statewide high school dropout rate by
grade level, |
23 |
| sex and race and the annual student dropout rate of and the
|
24 |
| number of students who graduate from, transfer from or |
25 |
| otherwise leave
bilingual programs. The Auditor General shall |
26 |
| annually perform a
compliance audit of the State Board of |
|
|
|
HB4232 |
- 12 - |
LRB095 15648 RAS 41652 b |
|
|
1 |
| Education's performance of the
reporting duty imposed by this |
2 |
| amendatory Act of 1986. A regular system of
communication with |
3 |
| other directly related State agencies shall be
implemented.
|
4 |
| The requirement for reporting to the General Assembly shall |
5 |
| be satisfied
by filing copies of the report with the Speaker, |
6 |
| the Minority Leader and
the Clerk of the House of |
7 |
| Representatives and the President, the Minority
Leader and the |
8 |
| Secretary of the Senate and the Legislative Council, as |
9 |
| required
by Section 3.1 of the General
Assembly Organization |
10 |
| Act, and
filing such additional
copies with the State |
11 |
| Government Report Distribution Center for the General
Assembly |
12 |
| as is required under paragraph (t) of Section 7 of the State |
13 |
| Library
Act.
|
14 |
| F. Upon appointment of the 7 new Board members who were |
15 |
| appointed to fill seats of members whose terms were terminated |
16 |
| on the effective date of this amendatory Act of the 93rd |
17 |
| General Assembly, the Board shall review all of its current |
18 |
| rules in an effort to streamline procedures, improve |
19 |
| efficiency, and eliminate unnecessary forms and paperwork.
|
20 |
| (Source: P.A. 95-626, eff. 6-1-08.)
|
21 |
| Section 95. No acceleration or delay. Where this Act makes |
22 |
| changes in a statute that is represented in this Act by text |
23 |
| that is not yet or no longer in effect (for example, a Section |
24 |
| represented by multiple versions), the use of that text does |
25 |
| not accelerate or delay the taking effect of (i) the changes |