Full Text of HB0080 96th General Assembly
HB0080ham001 96TH GENERAL ASSEMBLY
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Elementary & Secondary Education Committee
Filed: 2/19/2009
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| AMENDMENT TO HOUSE BILL 80
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| AMENDMENT NO. ______. Amend House Bill 80 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 3. The Governor's Office of Management and Budget | 5 |
| Act is amended by changing Section 6 as follows:
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| (20 ILCS 3005/6) (from Ch. 127, par. 416)
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| Sec. 6. In performing its responsibility under Section 2.1, | 8 |
| to assist the
Governor in submitting a recommended budget, the | 9 |
| Office shall:
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| (a) Distribute to all state agencies the proper blanks | 11 |
| necessary to the
preparation of budget estimates, which blanks | 12 |
| shall be in such form as
shall be prescribed by the Director, | 13 |
| to procure, among other things,
information as to the revenues | 14 |
| and expenditures for the preceding fiscal
year, the | 15 |
| appropriations made by the General Assembly for the preceding
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| fiscal year, the expenditures therefrom, obligations incurred |
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| thereon, and
the amounts unobligated and unexpended, an | 2 |
| estimate of the revenues and
expenditures of the current fiscal | 3 |
| year, and an estimate of the revenues
and amounts needed for | 4 |
| the respective departments and offices for the next
succeeding | 5 |
| fiscal year.
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| (b) Require from each state agency its estimate of receipts | 7 |
| and
expenditures for the succeeding fiscal year, accompanied by | 8 |
| a statement in
writing giving facts and explanation of reasons | 9 |
| for each item of
expenditure requested. With respect to the | 10 |
| State Board of Education, after adopting the annual budget | 11 |
| recommendation, the State Board of Education shall also submit | 12 |
| a report with all of the following information to the General | 13 |
| Assembly: | 14 |
| (1) The number of public budget hearings conducted | 15 |
| around this State. | 16 |
| (2) A list of the individuals and organizations that | 17 |
| participated in the public budget hearings and their | 18 |
| requested budget allocation. | 19 |
| (3) A summary of the Finance and Audit Committee's | 20 |
| discussions at the December and January State Board of | 21 |
| Education meetings. | 22 |
| (4) The rational for requested budget increases. | 23 |
| (5) The number of additional State Board of Education | 24 |
| staff required to implement the budget. | 25 |
| (6) Any additional information that would provide | 26 |
| information on the budget-making process.
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| (c) Make, at the discretion of the Director, further | 2 |
| inquiries and
investigations as to any item desired.
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| (d) Approve, disapprove or alter the estimates.
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| (Source: P.A. 93-25, eff. 6-20-03.)
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| Section 5. The School Code is amended by changing
Sections | 6 |
| 1A-1, 1A-2, 1A-2.1, and 1A-4 as follows:
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| (105 ILCS 5/1A-1) (from Ch. 122, par. 1A-1)
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| Sec. 1A-1. Members and terms.
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| (a) (Blank).
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| (a-5) In this Section, "ex parte communication" means any | 11 |
| written or oral communication by any person that imparts or | 12 |
| requests material information or makes a material argument | 13 |
| regarding potential action concerning regulatory, quasi | 14 |
| regulatory, investment, or licensing matters pending before or | 15 |
| under consideration by the State Board of Education. "Ex parte | 16 |
| communication" does not include (i) statements by a person | 17 |
| publicly made in a public forum, (ii) statements regarding | 18 |
| matters of procedure and practice, such as format, the number | 19 |
| of copies required, the manner of filing, and the status of a | 20 |
| matter, and (iii) statements made by an employee of the State | 21 |
| Board of Education to the agency head of the State Board of | 22 |
| Education or to other employees of the State Board of | 23 |
| Education. | 24 |
| (b) The State Board of
Education shall consist of 8
members |
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| and a chairperson, who shall be appointed , with the advice and | 2 |
| consent of the Senate, by the
Governor with the assistance of a | 3 |
| Nomination Panel or by a Nomination Panel if the Governor does | 4 |
| not act within the 30 days allotted, as provided in subsection | 5 |
| (c-5) of this Section, with the advice and consent
of the | 6 |
| Senate from a pattern of regional representation as follows: 2
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| appointees shall be selected from among those counties of the | 8 |
| State other
than Cook County and the 5 counties contiguous to | 9 |
| Cook County; 2 appointees shall be selected from
Cook County, | 10 |
| one of whom shall be a resident of the City of
Chicago and one | 11 |
| of whom shall be a resident of that
part of Cook County
which | 12 |
| lies outside the city limits of Chicago; 2
appointees shall be
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| selected from among the 5 counties of the State that are | 14 |
| contiguous to Cook
County; and 3 members
shall be selected as | 15 |
| members-at-large (one of which shall be the chairperson). With | 16 |
| respect to these appointments, one member of the State Board of | 17 |
| Education must be a former school board member, one member must | 18 |
| be a former district superintendent, one member must be a | 19 |
| former teacher, and one member must have significant business | 20 |
| experience. The Governor who takes office on the second Monday | 21 |
| of January after his or her election shall be the person who | 22 |
| appoints nominates members to fill vacancies whose terms begin | 23 |
| after that date and before the term of the next Governor | 24 |
| begins . | 25 |
| (b-5) The members of the State Board of Education shall be | 26 |
| appointed to serve for the following terms: |
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| (1) The members in office on the effective date of this | 2 |
| amendatory Act of the 96th General Assembly shall serve | 3 |
| until their terms expire in January of 2011 or January of | 4 |
| 2013, whichever is applicable, and their successors are | 5 |
| appointed and have qualified. | 6 |
| (2) The successor of one of the members whose term | 7 |
| expires in January of 2011 and who was selected from among | 8 |
| those counties of the State other than Cook County and the | 9 |
| 5 counties contiguous to Cook County shall serve for a term | 10 |
| that expires on the second Wednesday of January, 2017 and | 11 |
| until his or her successor is appointed and has qualified. | 12 |
| (3) The successor of the member whose term expires in | 13 |
| January of 2011 and who was selected from Cook County and | 14 |
| is a resident of the City of Chicago shall serve for a term | 15 |
| that expires on the second Wednesday of January, 2017 and | 16 |
| until his or her successor is appointed and has qualified. | 17 |
| (4) The successor of the member whose term expires in | 18 |
| January of 2011 and who was selected as a member-at-large | 19 |
| and is the chairperson shall serve for a term that expires | 20 |
| on the second Wednesday of January, 2017 and until his or | 21 |
| her successor is appointed and has qualified. | 22 |
| (5) The successor of the other member whose term | 23 |
| expires in January of 2011 and who was selected from among | 24 |
| those counties of the State other than Cook County and the | 25 |
| 5 counties contiguous to Cook County shall serve for a term | 26 |
| that expires on the second Wednesday of January, 2013 and |
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| until his or her successor is appointed and has qualified. | 2 |
| The successor to this member (who may be reappointed) shall | 3 |
| serve for a term that expires on the second Wednesday of | 4 |
| January, 2019 and until his or her successor is appointed | 5 |
| and has qualified. | 6 |
| (6) The successor of the member whose term expires in | 7 |
| January of 2011 and who was selected as a member-at-large | 8 |
| and is not the chairperson shall serve for a term that | 9 |
| expires on the second Wednesday of January, 2013 and until | 10 |
| his or her successor is appointed and has qualified. The | 11 |
| successor to this member (who may be reappointed) shall | 12 |
| serve for a term that expires on the second Wednesday of | 13 |
| January, 2019 and until his or her successor is appointed | 14 |
| and has qualified. | 15 |
| (7) The successor of the member whose term expires in | 16 |
| January of 2013 and who was selected from Cook County and | 17 |
| is a resident of that part of Cook County that lies outside | 18 |
| the city limits of Chicago shall serve for a term that | 19 |
| expires on the second Wednesday of January, 2015 and until | 20 |
| his or her successor is appointed and has qualified. The | 21 |
| successor to this member shall serve for a term that | 22 |
| expires on the second Wednesday of January, 2021 and until | 23 |
| his or her successor is appointed and has qualified. | 24 |
| (8) The successor of one of the members whose term | 25 |
| expires in January of 2013 and who was selected from among | 26 |
| the 5 counties of the State contiguous to Cook County shall |
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| serve for a term that expires on the second Wednesday of | 2 |
| January, 2015 and until his or her successor is appointed | 3 |
| and has qualified. The successor to this member shall serve | 4 |
| for a term that expires on the second Wednesday of January, | 5 |
| 2021 and until his or her successor is appointed and has | 6 |
| qualified. | 7 |
| (9) The successor of the member whose term expires in | 8 |
| January of 2013 and who was selected as a member-at-large | 9 |
| and is not the chairperson shall serve for a term that | 10 |
| expires on the second Wednesday of January, 2015 and until | 11 |
| his or her successor is appointed and has qualified. The | 12 |
| successor to this member shall serve for a term that | 13 |
| expires on the second Wednesday of January, 2021 and until | 14 |
| his or her successor is appointed and has qualified. | 15 |
| (10) The successor of the other member whose term | 16 |
| expires in January of 2013 and who was selected from among | 17 |
| the 5 counties of the State contiguous to Cook County shall | 18 |
| serve for a term that expires on the second Wednesday of | 19 |
| January, 2019 and until his or her successor is appointed | 20 |
| and has qualified. | 21 |
| The term of each member of the State Board of Education | 22 |
| whose term expires on January 12, 2005 shall instead terminate | 23 |
| on the effective date of this amendatory Act of the 93rd | 24 |
| General Assembly. Of these 3 seats, (i) the member initially | 25 |
| appointed pursuant to this amendatory Act of the 93rd General | 26 |
| Assembly whose seat was vacant on April 27, 2004 shall serve |
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| until the second Wednesday of January, 2009 and (ii) the other | 2 |
| 2 members initially appointed pursuant to this amendatory Act | 3 |
| of the 93rd General Assembly shall serve until the second | 4 |
| Wednesday of January, 2007. | 5 |
| The term of the member of the State Board of Education | 6 |
| whose seat was vacant on April 27, 2004 and whose term expires | 7 |
| on January 10, 2007 shall instead terminate on the effective | 8 |
| date of this amendatory Act of the 93rd General Assembly. The | 9 |
| member initially appointed pursuant to this amendatory Act of | 10 |
| the 93rd General Assembly to fill this seat shall be the | 11 |
| chairperson and shall serve until the second Wednesday of | 12 |
| January, 2007. | 13 |
| The term of the member of the State Board of Education | 14 |
| whose seat was vacant on May 28, 2004 but after April 27, 2004 | 15 |
| and whose term expires on January 10, 2007 shall instead | 16 |
| terminate on the effective date of this amendatory Act of the | 17 |
| 93rd General Assembly. The member initially appointed pursuant | 18 |
| to this amendatory Act of the 93rd General Assembly to fill | 19 |
| this seat shall serve until the second Wednesday of January, | 20 |
| 2007.
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| The term of the other member of the State Board of | 22 |
| Education whose term expires on January 10, 2007 shall instead | 23 |
| terminate on the effective date of this amendatory Act of the | 24 |
| 93rd General Assembly. The member initially appointed pursuant | 25 |
| to this amendatory Act of the 93rd General Assembly to fill | 26 |
| this seat shall serve until the second Wednesday of January, |
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| 2007. | 2 |
| The term of the member of the State Board of Education | 3 |
| whose term expires on January 14, 2009 and who was selected | 4 |
| from among the 5 counties of the State that are contiguous to | 5 |
| Cook County and is a resident of Lake County shall instead | 6 |
| terminate on the effective date of this amendatory Act of the | 7 |
| 93rd General Assembly. The member initially appointed pursuant | 8 |
| to this amendatory Act of the 93rd General Assembly to fill | 9 |
| this seat shall serve until the second Wednesday of January, | 10 |
| 2009. | 11 |
| (b-10) Upon expiration of the terms of the members as set | 12 |
| forth in subsection (b-5) of this Section initially appointed
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| under this amendatory Act of the 93rd General Assembly and | 14 |
| members whose terms were not terminated by this amendatory Act | 15 |
| of the 93rd General Assembly , their respective successors shall | 16 |
| be
appointed for terms of 6 4
years, from the second Wednesday | 17 |
| in January of each
odd
numbered year and until their respective | 18 |
| successors are appointed and have
qualified. | 19 |
| (c) At Of the 4 members, excluding the chairperson, whose | 20 |
| terms expire on the second Wednesday of January, 2007 and every | 21 |
| 4 years thereafter, one of those members must be an at-large | 22 |
| member and at no time may more than 5 2 of those members of the | 23 |
| State Board of Education be from one political party. Of the 4 | 24 |
| members whose terms expire on the second Wednesday of January, | 25 |
| 2009 and every 4 years thereafter, one of those members must be | 26 |
| an at-large member and at no time may more than 2 of those |
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| members be from one political party. Party membership is | 2 |
| defined as having voted in the primary of the party in the last | 3 |
| primary before appointment.
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| (c-5) The Nomination Panel is established to provide a list | 5 |
| of nominees to the Governor for appointment to the State Board | 6 |
| of Education. Members of the Nomination Panel must be appointed | 7 |
| by majority vote of the following appointing authorities: the | 8 |
| Governor, the Attorney General, and the Secretary of State. | 9 |
| Each member of the Nomination Panel shall serve for a term that | 10 |
| expires on January 15 of each even-numbered year and until his | 11 |
| or her successor is appointed and has qualified. The appointing | 12 |
| authorities may hold as many public or non-public meetings as | 13 |
| is required to fulfill their duties and may utilize their | 14 |
| respective staff and budget in carrying out their duties, | 15 |
| provided that the final vote on appointees to the Nomination | 16 |
| Panel shall take place in a meeting governed by the Open | 17 |
| Meetings Act. Any ex parte communications regarding the | 18 |
| Nomination Panel must be made a part of the record at the next | 19 |
| public meeting and part of a written record. The appointing | 20 |
| authorities shall file a list of members of the Nomination | 21 |
| Panel with the Secretary of State within 30 days after the | 22 |
| effective date of this amendatory Act of the 96th General | 23 |
| Assembly. Thereafter, the appointing authorities shall file a | 24 |
| list of members of the Nomination Panel with the Secretary of | 25 |
| State within 30 days after January 15 of each even-numbered | 26 |
| year. Members of the Nomination Panel may be reappointed. A |
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| vacancy on the Nomination Panel due to disqualification or | 2 |
| resignation must be filled within 30 days after the vacancy, | 3 |
| and the appointing authorities must file the name of the new | 4 |
| appointee with the Secretary of State. | 5 |
| The Nomination Panel shall consist of the following 7 | 6 |
| members: | 7 |
| (1) Two members must be former district | 8 |
| superintendents. | 9 |
| (2) One member must be a former elementary school | 10 |
| teacher. | 11 |
| (3) One member must be a former secondary school | 12 |
| teacher. | 13 |
| (4) Two members must be former State legislators with | 14 |
| significant experience and involvement in the elementary | 15 |
| and secondary education appropriation process. | 16 |
| (5) One member must have at least 5 years of experience | 17 |
| with a nonprofit agency in this State that is committed to | 18 |
| education advocacy and has an interest in education reform. | 19 |
| The appointing authorities shall solicit recommendations | 20 |
| from the Illinois Education Association, the Illinois | 21 |
| Federation of Teachers, the Illinois Statewide School | 22 |
| Management Alliance, ED-RED, the Illinois Association of | 23 |
| Regional Superintendents of Schools, the Metropolitan Planning | 24 |
| Council, the Illinois PTA, the Civic Committee of the | 25 |
| Commercial Club of Chicago, Voices for Illinois Children, | 26 |
| Action for Children, the Legislative Education Network of |
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| DuPage County (LEND), the South Cooperative Organization for | 2 |
| Public Education (SCOPE), A+ Illinois, the Ounce of Prevention | 3 |
| Fund, the Illinois Business Roundtable, and any other source | 4 |
| deemed appropriate.
Each member of the Nomination Panel shall | 5 |
| receive $300 for each day the Nomination Panel meets. | 6 |
| At no time may more than 4 members of the Nomination Panel | 7 |
| be from one political party. Party membership is defined as | 8 |
| having voted in the primary of the party in the last primary | 9 |
| before appointment. | 10 |
| Candidates for nomination to the State Board of Education | 11 |
| may apply or be nominated. The Nomination Panel has 30 days | 12 |
| after it is established to accept applications and nominations. | 13 |
| All candidates must fill out a written application and submit | 14 |
| to a background investigation to be eligible for consideration. | 15 |
| The written application must include a sworn statement signed | 16 |
| by the candidate disclosing any communications relating to the | 17 |
| regulation of elementary and secondary education that the | 18 |
| applicant has engaged in within the last year with a | 19 |
| constitutional officer, a member of the General Assembly, an | 20 |
| officer or other employee of the executive branch of this | 21 |
| State, or an employee of the legislative branch of this State. | 22 |
| A person who provides false or misleading information on | 23 |
| the application or fails to disclose a communication required | 24 |
| to be disclosed in the sworn statement under this Section is | 25 |
| guilty of a Class 3 felony. | 26 |
| Once an application is submitted to the Nomination Panel |
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| and until (i) the candidate is rejected by the Nomination | 2 |
| Panel, (ii) the candidate is rejected by the Governor, (iii) | 3 |
| the candidate is rejected by the Senate, or (iv) the candidate | 4 |
| is confirmed by the Senate, whichever is applicable, a | 5 |
| candidate may not engage in ex parte communications. | 6 |
| Within 60 days after the Nomination Panel is established, | 7 |
| the Nomination Panel must review written applications, | 8 |
| determine eligibility for oral interviews, confirm | 9 |
| satisfactory background investigations, and hold public | 10 |
| hearings on qualifications of candidates. Initial interviews | 11 |
| of candidates need not be held in meetings subject to the Open | 12 |
| Meetings Act; members or staff may arrange for informal | 13 |
| interviews. Prior to recommendation, however, the Nomination | 14 |
| Panel must question candidates under oath in a meeting subject | 15 |
| to the Open Meetings Act. | 16 |
| The Nomination Panel must recommend 15 nominees for | 17 |
| appointment to the State Board of Education within 60 days | 18 |
| after the Nomination Panel is established. The Governor may | 19 |
| choose only from these nominations. The Nomination Panel shall | 20 |
| deliver a list of the nominees, including a memorandum | 21 |
| detailing the nominees' qualifications, to the Governor. After | 22 |
| submitting the list to the Governor, the Nomination Panel shall | 23 |
| file a copy along with a statement confirming delivery of the | 24 |
| list and memorandum to the Governor with the Secretary of | 25 |
| State. The Secretary of State shall indicate the date and time | 26 |
| of filing. |
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| After reviewing the nominations, the Governor may select 5 | 2 |
| nominees for appointment to the State Board of Education, to be | 3 |
| confirmed by the Senate. The Governor shall file the names of | 4 |
| his or her appointments with the Senate and the Secretary of | 5 |
| State. The Secretary of State shall indicate the date and time | 6 |
| of filing. | 7 |
| The Governor has 30 days from the date the Nomination Panel | 8 |
| files its list of nominees with the Secretary of State to make | 9 |
| appointments to be confirmed by the Senate. If the Governor | 10 |
| does not select all appointees within this 30 days, the | 11 |
| Nomination Panel may appoint those members not yet selected for | 12 |
| appointment by the Governor. The Nomination Panel shall file | 13 |
| the names of its appointments with the Senate and the Secretary | 14 |
| of State. The Secretary of State shall indicate the date and | 15 |
| time of filing. | 16 |
| Appointments by the Governor or Nomination Panel must be | 17 |
| confirmed by the Senate by two-thirds of its members by record | 18 |
| vote. Any appointment not acted upon within 30 calendar days | 19 |
| after the date of filing the names of appointments with the | 20 |
| Secretary of State shall be deemed to have received the advice | 21 |
| and consent of the Senate. | 22 |
| (d) When a vacancy occurs on the State Board of Education, | 23 |
| the Nomination Panel shall accept applications and nominations | 24 |
| of candidates for 30 days from the date the vacancy occurred. | 25 |
| All candidates must fill out a written application and submit | 26 |
| to a background investigation to be eligible for consideration. |
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| The written application must include a sworn statement signed | 2 |
| by the candidate disclosing any communications relating to the | 3 |
| regulation of elementary and secondary education that the | 4 |
| applicant has engaged in within the last year with a | 5 |
| constitutional officer, a member of the General Assembly, an | 6 |
| officer or other employee of the executive branch of this | 7 |
| State, or an employee of the legislative branch of this State. | 8 |
| A person who provides false or misleading information on | 9 |
| the application or fails to disclose a communication required | 10 |
| to be disclosed in the sworn statement under this Section is | 11 |
| guilty of a Class 3 felony.
Once an application is submitted to | 12 |
| the Nomination Panel and until (i) the candidate is rejected by | 13 |
| the Nomination Panel, (ii) the candidate is rejected by the | 14 |
| Governor, (iii) the candidate is rejected by the Senate, or | 15 |
| (iv) the candidate is confirmed by the Senate, whichever is | 16 |
| applicable, a candidate may not engage in ex parte | 17 |
| communications. | 18 |
| The Nomination Panel must review written applications, | 19 |
| determine eligibility for oral interviews, confirm | 20 |
| satisfactory background investigations, and hold public | 21 |
| hearings on qualifications of candidates. Initial interviews | 22 |
| of candidates need not be held in meetings subject to the Open | 23 |
| Meetings Act; members or staff may arrange for informal | 24 |
| interviews. Prior to recommendation, however, the Nomination | 25 |
| Panel must question candidates under oath in a meeting subject | 26 |
| to the Open Meetings Act. |
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| The Nomination Panel must nominate at least 3 candidates | 2 |
| for the vacancy within 60 days after that vacancy occurs. | 3 |
| Within 30 days after that, the Governor shall appoint one of | 4 |
| those nominees to fill the vacancy for the remainder of the | 5 |
| unexpired term. If the Governor does not fill the vacancy | 6 |
| within the 30 days, the Nomination Panel may make the | 7 |
| appointment.
Vacancies shall be confirmed by the Senate in the | 8 |
| same manner as full-term appointments under subsection (c-5) of | 9 |
| this Section. Vacancies in terms shall be filled by appointment | 10 |
| by the
Governor with the advice and consent of the Senate for | 11 |
| the extent of the
unexpired term.
If a vacancy in membership | 12 |
| occurs at a time when the Senate is not in
session, the | 13 |
| Governor shall make a temporary appointment until the next | 14 |
| meeting
of the Senate, when the Governor shall appoint a person | 15 |
| to fill that membership
for the remainder of its term. If the | 16 |
| Senate is not in session when
appointments for a full term are | 17 |
| made, the appointments shall be made as in the
case of | 18 |
| vacancies.
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| (Source: P.A. 93-1036, eff. 9-14-04.)
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| (105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)
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| Sec. 1A-2. Qualifications. The members of the State Board | 22 |
| of Education
shall be citizens of the United States and | 23 |
| residents of the State of Illinois
and shall be selected as far | 24 |
| as may be practicable on the basis of their
knowledge of, or | 25 |
| interest and experience in, problems of public education.
No |
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| member of the State Board of Education shall be gainfully | 2 |
| employed or
administratively connected with any school system, | 3 |
| nor have any interest in
or benefit from funds provided by the | 4 |
| State Board of Education to an
institution of higher
learning, | 5 |
| public or private, within Illinois, nor shall they be members
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| of a school board or board of school trustees of a public or | 7 |
| nonpublic school,
college, university or technical institution | 8 |
| within Illinois. No member
shall be appointed to more than 2 | 9 |
| full-year
six year terms. Members shall be reimbursed
for all | 10 |
| ordinary and necessary expenses incurred in performing their | 11 |
| duties
as members of the Board. Expenses shall be approved by | 12 |
| the Board and be
consistent with the laws, policies, and | 13 |
| requirements of the
State of Illinois regarding such | 14 |
| expenditures, plus any member may include
in his claim for | 15 |
| expenses $50 per day for meeting days.
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| (Source: P.A. 90-548, eff. 1-1-98; revised 10-23-08.)
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| (105 ILCS 5/1A-2.1) (from Ch. 122, par. 1A-2.1)
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| Sec. 1A-2.1. Vacancies. In addition to the authority of the | 19 |
| Governor to remove a person from office under Section 10 of | 20 |
| Article V of the Constitution of the State of Illinois, the | 21 |
| State Board of Education The Governor may remove for | 22 |
| incompetence, neglect of duty, or malfeasance in office any | 23 |
| member of the State Board of Education by a two-thirds vote in | 24 |
| favor of removal . A vacancy also exists on the State Board of
| 25 |
| Education when one or more of the following events occur:
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| 1. A member dies.
| 2 |
| 2. A member files a written resignation with the Governor.
| 3 |
| 3. A member is adjudicated to be a person under legal | 4 |
| disability under
the Probate Act of 1975 or
a person subject to | 5 |
| involuntary admission
under the Mental Health and | 6 |
| Developmental Disabilities Code.
| 7 |
| 4. A member ceases to be a resident of the region from
| 8 |
| which he or she was appointed.
| 9 |
| 5. A member is convicted of an infamous crime or of any | 10 |
| offense
involving a violation of his or her duties under this | 11 |
| Code.
| 12 |
| 6. A member fails to maintain the qualifications stated in | 13 |
| Section
1A-2 of this Code.
| 14 |
| (Source: P.A. 93-1036, eff. 9-14-04.)
| 15 |
| (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
| 16 |
| Sec. 1A-4. Powers and duties of the Board.
| 17 |
| A. (Blank).
| 18 |
| B. The Board shall determine the qualifications of and | 19 |
| appoint a
chief education officer, to be known as the State | 20 |
| Superintendent of
Education, who may be proposed by the | 21 |
| Governor and who shall serve at the pleasure of the Board and | 22 |
| pursuant to a
performance-based contract linked to statewide | 23 |
| student performance and academic
improvement within Illinois | 24 |
| schools. Upon expiration or buyout of the contract of the State | 25 |
| Superintendent of Education in office on the effective date of |
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| this amendatory Act of the 96th 93rd General Assembly, a new | 2 |
| State Superintendent of Education may shall be appointed by the | 3 |
| a State Board of Education that includes the 7 new Board | 4 |
| members who were appointed to fill seats of members whose terms | 5 |
| were terminated on the effective date of this amendatory Act of | 6 |
| the 93rd General Assembly . Thereafter, a State Superintendent | 7 |
| of Education must, at a minimum, be appointed at the beginning | 8 |
| of each term of a Governor after that Governor has made | 9 |
| appointments to the Board. A performance-based
contract issued | 10 |
| for the employment of a State Superintendent of
Education must | 11 |
| be for 4 years. A entered into on or after the effective date | 12 |
| of this amendatory Act of the 93rd General Assembly must expire | 13 |
| no later than February 1, 2007, and subsequent contracts must | 14 |
| expire no later than February 1 each 4 years thereafter. No | 15 |
| contract
shall be
extended or renewed beyond February 1, 2007 | 16 |
| and February 1 each 4 years thereafter, but a State | 17 |
| Superintendent of Education shall serve until his or her | 18 |
| successor is appointed. Each contract entered into on or before | 19 |
| January 8, 2007 with a State Superintendent of Education must | 20 |
| provide that the State Board of Education may terminate the | 21 |
| contract for cause, and the State Board of Education shall not | 22 |
| thereafter be liable for further payments under the contract. | 23 |
| With regard to this amendatory Act of the 93rd General | 24 |
| Assembly, it is the intent of the General Assembly that, | 25 |
| beginning with the Governor who takes office on the second | 26 |
| Monday of January, 2007, a State Superintendent of Education be |
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| appointed at the beginning of each term of a Governor after | 2 |
| that Governor has made appointments to the Board. The State
| 3 |
| Superintendent of Education shall not serve as a member of the | 4 |
| State
Board of Education. The Board shall set the compensation | 5 |
| of the State
Superintendent of Education who shall serve as the | 6 |
| Board's chief
executive officer. The Board shall also establish | 7 |
| the duties, powers and
responsibilities of the State | 8 |
| Superintendent, which shall be included in the
State | 9 |
| Superintendent's performance-based contract along with the | 10 |
| goals and
indicators of student performance and academic | 11 |
| improvement used to measure the
performance and effectiveness | 12 |
| of the State Superintendent.
The State Board of Education may | 13 |
| delegate
to the State Superintendent of Education the authority | 14 |
| to act on the Board's
behalf, provided such delegation is made | 15 |
| pursuant to adopted board policy
or the powers delegated are | 16 |
| ministerial in nature. The State Board may
not delegate | 17 |
| authority under this Section to the State Superintendent to
(1) | 18 |
| nonrecognize school districts, (2) withhold State payments as a | 19 |
| penalty,
or (3) make final decisions under the contested case | 20 |
| provisions of the Illinois
Administrative Procedure Act unless | 21 |
| otherwise provided by law.
| 22 |
| C. The powers and duties of the State Board of Education | 23 |
| shall encompass all
duties delegated to the Office of | 24 |
| Superintendent of Public Instruction on
January 12, 1975, | 25 |
| except as the law providing for such powers and duties is
| 26 |
| thereafter amended, and such other powers and duties as the |
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| General Assembly
shall designate. The Board shall be | 2 |
| responsible for the educational policies
and guidelines for | 3 |
| public schools, pre-school through grade
12 and Vocational | 4 |
| Education in the State of Illinois. The Board shall
analyze the | 5 |
| present and future aims, needs, and requirements of
education | 6 |
| in the State of Illinois and recommend to the General Assembly
| 7 |
| the powers which should be exercised by the Board. Every year, | 8 |
| the The Board shall
recommend the passage and the legislation | 9 |
| necessary to determine the
appropriate relationship between | 10 |
| the Board and local boards of education
and the various State | 11 |
| agencies and shall recommend desirable
modifications in the | 12 |
| laws which affect schools.
| 13 |
| D. Two members of the Board shall be appointed by the | 14 |
| chairperson
to serve on a standing joint Education Committee, 2 | 15 |
| others shall be
appointed from the Board of Higher Education, 2
| 16 |
| others shall be appointed by the chairperson of the
Illinois | 17 |
| Community College Board, and 2 others shall be appointed by the
| 18 |
| chairperson of the Human Resource Investment Council. The
| 19 |
| Committee shall be
responsible for making recommendations | 20 |
| concerning the submission of any
workforce development plan or | 21 |
| workforce training program required by federal
law or under any | 22 |
| block grant authority. The Committee will be
responsible for | 23 |
| developing policy on matters of mutual concern to
elementary, | 24 |
| secondary and higher education such as Occupational and
Career | 25 |
| Education, Teacher Preparation and Certification, Educational
| 26 |
| Finance, Articulation between Elementary, Secondary and Higher |
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| Education
and Research and Planning. The joint Education | 2 |
| Committee shall meet at
least quarterly and submit an annual | 3 |
| report of its findings,
conclusions, and recommendations to the | 4 |
| State Board of Education, the Board of
Higher Education, the | 5 |
| Illinois Community College Board,
the Human Resource | 6 |
| Investment Council, the Governor, and the
General
Assembly. All | 7 |
| meetings of this Committee shall be official meetings for
| 8 |
| reimbursement under this Act. On the effective date of this | 9 |
| amendatory Act of the 95th General Assembly, the Joint | 10 |
| Education Committee is abolished.
| 11 |
| E. Five members of the Board shall constitute a quorum. A
| 12 |
| majority
vote of the members appointed, confirmed and serving | 13 |
| on the Board is
required to approve any action , except that the | 14 |
| 7 new Board members who were appointed to fill seats of members | 15 |
| whose terms were terminated on the effective date of this | 16 |
| amendatory act of the 93rd General Assembly may vote to approve | 17 |
| actions when appointed and serving .
| 18 |
| E-5. Using the most recently available data, the Board | 19 |
| shall prepare and submit to the General Assembly and the
| 20 |
| Governor on or before January 14, 1976 and annually thereafter | 21 |
| a report
or reports of its findings and recommendations. Such | 22 |
| annual report shall
contain a separate section which provides a | 23 |
| critique and analysis of the
status of education in Illinois | 24 |
| and which identifies its specific problems
and recommends | 25 |
| express solutions therefor.
Such annual report also shall | 26 |
| contain the following information for the
preceding year ending |
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| on June 30: each act or omission of a school district
of which | 2 |
| the State Board of Education has knowledge as a consequence of
| 3 |
| scheduled, approved visits and which constituted a
failure by | 4 |
| the district to comply with applicable State or federal laws or
| 5 |
| regulations relating to public education, the name of such | 6 |
| district, the date
or dates on which the State Board of | 7 |
| Education notified the school district of
such act or omission, | 8 |
| and what action, if any, the school district took with
respect | 9 |
| thereto after being notified thereof by the State Board of | 10 |
| Education.
The report shall also include the statewide high | 11 |
| school dropout rate by
grade level, sex and race and the annual | 12 |
| student dropout rate of and the
number of students who graduate | 13 |
| from, transfer from or otherwise leave
bilingual programs. The | 14 |
| annual report shall include any recommended legislation that | 15 |
| the Board considers appropriate for the educational needs of | 16 |
| this State and how far behind the federal government is on No | 17 |
| Child Left Behind Act funding for this State. The Auditor | 18 |
| General shall annually perform a
compliance audit of the State | 19 |
| Board of Education's performance of the
reporting duty imposed | 20 |
| by this subsection E-5 amendatory Act of 1986 . A regular system | 21 |
| of
communication with other directly related State agencies | 22 |
| shall be
implemented.
| 23 |
| The requirement for reporting to the General Assembly shall | 24 |
| be satisfied
by filing copies of the report with the Speaker, | 25 |
| the Minority Leader and
the Clerk of the House of | 26 |
| Representatives and the President, the Minority
Leader and the |
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| Secretary of the Senate and the Legislative Council, as | 2 |
| required
by Section 3.1 of the General
Assembly Organization | 3 |
| Act, and
filing such additional
copies with the State | 4 |
| Government Report Distribution Center for the General
Assembly | 5 |
| as is required under paragraph (t) of Section 7 of the State | 6 |
| Library
Act.
| 7 |
| F. The Upon appointment of the 7 new Board members who were | 8 |
| appointed to fill seats of members whose terms were terminated | 9 |
| on the effective date of this amendatory Act of the 93rd | 10 |
| General Assembly, the Board shall review all of its current | 11 |
| rules in an effort to streamline procedures, improve | 12 |
| efficiency, and eliminate unnecessary forms and paperwork.
| 13 |
| G. The Board shall provide the General Assembly with a | 14 |
| separate budget that shows what is needed to fully fund all
| 15 |
| State mandates and to meet the educational needs of this State. | 16 |
| This budget must be filed with the Secretary of the Senate and | 17 |
| the Clerk of the House of Representatives at the same time that | 18 |
| the information required to be submitted to the General | 19 |
| Assembly under subdivision (b) of Section 6 of the Governor's | 20 |
| Office of Management and Budget Act is filed with the Secretary | 21 |
| of the Senate and the Clerk of the House of Representatives. | 22 |
| (Source: P.A. 95-626, eff. 6-1-08; 95-793, eff. 1-1-09.)
| 23 |
| Section 97. Severability. The provisions of this Act are | 24 |
| severable under Section 1.31 of the Statute on Statutes.
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.".
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