Full Text of SB0578 98th General Assembly
SB0578sam001 98TH GENERAL ASSEMBLY | Sen. Jennifer Bertino-Tarrant Filed: 4/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 578
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 578 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 1A-4, 10-20.30, 10-21.4, and 34-8 as follows:
| 6 | | (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
| 7 | | Sec. 1A-4. Powers and duties of the Board.
| 8 | | A. (Blank).
| 9 | | B. The Board shall determine the qualifications of and | 10 | | appoint a
chief education officer, to be known as the State | 11 | | Superintendent of
Education, who may be proposed by the | 12 | | Governor and who shall serve at the pleasure of the Board and | 13 | | pursuant to a
performance-based contract linked to statewide | 14 | | student performance and academic
improvement within Illinois | 15 | | schools. Upon expiration or buyout of the contract of the State | 16 | | Superintendent of Education in office on the effective date of |
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| 1 | | this amendatory Act of the 93rd General Assembly, a State | 2 | | Superintendent of Education shall be appointed by a State Board | 3 | | of Education that includes the 7 new Board members who were | 4 | | appointed to fill seats of members whose terms were terminated | 5 | | on the effective date of this amendatory Act of the 93rd | 6 | | General Assembly. Thereafter, a State Superintendent of | 7 | | Education must, at a minimum, be appointed at the beginning of | 8 | | 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 | 11 | | entered into on or after the effective date of this amendatory | 12 | | Act of the 93rd General Assembly must expire no later than | 13 | | February 1, 2007, and subsequent contracts must expire no later | 14 | | than February 1 each 4 years thereafter. No contract
shall be
| 15 | | extended or renewed beyond February 1, 2007 and February 1 each | 16 | | 4 years thereafter, but a State Superintendent of Education | 17 | | shall serve until his or her successor is appointed. Each | 18 | | contract entered into on or before January 8, 2007 with a State | 19 | | Superintendent of Education must provide that the State Board | 20 | | of Education may terminate the contract for cause, and the | 21 | | State Board of Education shall not thereafter be liable for | 22 | | further payments under the contract. With regard to this | 23 | | amendatory Act of the 93rd General Assembly, it is the intent | 24 | | of the General Assembly that, beginning with the Governor who | 25 | | takes office on the second Monday of January, 2007, a State | 26 | | Superintendent of Education be appointed at the beginning of |
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| 1 | | each term of a Governor after that Governor has made | 2 | | appointments to the Board. The State
Superintendent of | 3 | | Education shall not serve as a member of the State
Board of | 4 | | Education. The Board shall set the compensation of the State
| 5 | | Superintendent of Education who shall serve as the Board's | 6 | | chief
executive officer. The Board shall also establish the | 7 | | 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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| 1 | | 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. The Board | 8 | | shall
recommend the passage and the legislation necessary to | 9 | | determine the
appropriate relationship between the Board and | 10 | | local boards of education
and the various State agencies and | 11 | | shall recommend desirable
modifications in the laws which | 12 | | 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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| 1 | | 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 | | Using the most recently available data, the Board shall | 19 | | prepare and submit to the General Assembly and the
Governor on | 20 | | or before January 14, 1976 and annually thereafter a report
or | 21 | | reports of its findings and recommendations. Such annual report | 22 | | shall
contain a separate section which provides a critique and | 23 | | analysis of the
status of education in Illinois and which | 24 | | identifies its specific problems
and recommends express | 25 | | solutions therefor.
Such annual report also shall contain the | 26 | | following information for the
preceding year ending on June 30: |
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| 1 | | each act or omission of a school district
of which the State | 2 | | Board of Education has knowledge as a consequence of
scheduled, | 3 | | approved visits and which constituted a
failure by the district | 4 | | to comply with applicable State or federal laws or
regulations | 5 | | relating to public education, the name of such district, the | 6 | | date
or dates on which the State Board of Education notified | 7 | | the school district of
such act or omission, and what action, | 8 | | if any, the school district took with
respect thereto after | 9 | | being notified thereof by the State Board of Education.
The | 10 | | report shall also include the statewide high school dropout | 11 | | rate by
grade level, sex and race and the annual student | 12 | | dropout rate of and the
number of students who graduate from, | 13 | | transfer from or otherwise leave
bilingual programs. The | 14 | | Auditor General shall annually perform a
compliance audit of | 15 | | the State Board of Education's performance of the
reporting | 16 | | duty imposed by this amendatory Act of 1986. A regular system | 17 | | of
communication with other directly related State agencies | 18 | | shall be
implemented.
| 19 | | The requirement for reporting to the General Assembly shall | 20 | | be satisfied
by filing copies of the report with the Speaker, | 21 | | the Minority Leader and
the Clerk of the House of | 22 | | Representatives and the President, the Minority
Leader and the | 23 | | Secretary of the Senate and the Legislative Council, as | 24 | | required
by Section 3.1 of the General
Assembly Organization | 25 | | Act, and
filing such additional
copies with the State | 26 | | Government Report Distribution Center for the General
Assembly |
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| 1 | | as is required under paragraph (t) of Section 7 of the State | 2 | | Library
Act.
| 3 | | F. Upon appointment of the 7 new Board members who were | 4 | | appointed to fill seats of members whose terms were terminated | 5 | | on the effective date of this amendatory Act of the 93rd | 6 | | General Assembly, the Board shall review all of its current | 7 | | rules in an effort to streamline procedures, improve | 8 | | efficiency, and eliminate unnecessary forms and paperwork.
| 9 | | (Source: P.A. 95-626, eff. 6-1-08; 95-793, eff. 1-1-09.)
| 10 | | (105 ILCS 5/10-20.30)
| 11 | | Sec. 10-20.30. No pass-no play policy. Beginning with the | 12 | | 1998-99 school
year, the school board of each school
district | 13 | | that maintains any of grades 9 through 12 shall establish, | 14 | | implement,
and enforce a uniform and consistent policy under | 15 | | which a student in any of
those grades who fails to maintain a | 16 | | specified minimum grade point average or a
specified minimum | 17 | | grade in each course in which the student is enrolled or both
| 18 | | is suspended from further participation in any | 19 | | school-sponsored or
school-supported athletic or | 20 | | extracurricular activities for a specified period
or until a | 21 | | specified minimum grade point average or minimum grade or both | 22 | | are
earned by the student. Each school board shall adopt a | 23 | | policy as required by
this Section not later than one year | 24 | | after the effective date of this
amendatory Act of 1997 and | 25 | | shall concurrently file a copy of that policy with
the State |
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| 1 | | Board of Education. After the policy has been in effect for one
| 2 | | year, the school board shall file a report with the
State Board | 3 | | of Education setting forth the number and length of suspensions
| 4 | | imposed under the policy during the period covered by the | 5 | | report.
If the school board already has a policy that is | 6 | | consistent with the
requirements of this Section in effect on | 7 | | the effective date of this amendatory
Act of 1997,
it shall | 8 | | file a copy of that policy with the State Board of Education | 9 | | within 90
days after the effective date of this amendatory Act | 10 | | and shall file the annual
report required under this Section 12 | 11 | | months thereafter.
| 12 | | (Source: P.A. 90-548, eff. 1-1-98.)
| 13 | | (105 ILCS 5/10-21.4) (from Ch. 122, par. 10-21.4)
| 14 | | Sec. 10-21.4. Superintendent - Duties. Except in districts
| 15 | | in which there is only one school with less than four
teachers, | 16 | | to employ a superintendent who shall have charge
of the | 17 | | administration of the schools under the direction of
the board | 18 | | of education. In addition to the administrative
duties, the | 19 | | superintendent shall make recommendations to
the board | 20 | | concerning the budget, building plans, the
locations of sites, | 21 | | the selection, retention and dismissal of teachers
and all | 22 | | other employees, the selection of textbooks, instructional | 23 | | material
and courses of study.
However, in districts under a | 24 | | Financial Oversight Panel pursuant to
Section 1A-8 for | 25 | | violating a financial plan, the duties and responsibilities of
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| 1 | | the superintendent in relation to the financial and business | 2 | | operations of the
district shall be approved by the Panel. In | 3 | | the event the Board refuses or
fails to follow a directive or | 4 | | comply with an information request of the Panel,
the | 5 | | performance of those duties shall be subject to the direction | 6 | | of the
Panel.
The superintendent shall also notify the State | 7 | | Board
of Education, the board and the chief administrative | 8 | | official, other than
the alleged perpetrator himself, in the | 9 | | school where the alleged
perpetrator serves, that any person | 10 | | who is employed in a school or
otherwise comes into frequent | 11 | | contact with children
in the school has been named as a | 12 | | perpetrator in an indicated report filed
pursuant to the Abused | 13 | | and Neglected Child Reporting Act, approved June 26,
1975, as | 14 | | amended. The superintendent shall keep or cause to be kept the
| 15 | | records and accounts as directed and required by the board, aid | 16 | | in making
reports required by the board, and perform such other | 17 | | duties as the board
may delegate to him.
| 18 | | In addition, each year at a time designated by the State | 19 | | Superintendent of Education,
each
superintendent shall report | 20 | | to the State Board of Education the number of high school | 21 | | students in the
district who are enrolled in accredited courses | 22 | | (for which high school
credit will be awarded upon successful | 23 | | completion of the courses) at any
community college, together | 24 | | with the name and number of the course or
courses which each | 25 | | such student is taking.
| 26 | | The provisions of this section shall also apply to
board of |
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| 1 | | director districts.
| 2 | | Notice of intent not to renew
a contract must be given in | 3 | | writing stating the
specific reason therefor by April 1 of the | 4 | | contract
year unless the contract specifically provides | 5 | | otherwise.
Failure to do so will automatically extend the | 6 | | contract
for an additional year. Within 10 days after receipt | 7 | | of
notice of intent not to renew a contract, the superintendent
| 8 | | may request a closed session hearing on the dismissal. At the | 9 | | hearing the
superintendent has the privilege of presenting | 10 | | evidence, witnesses and
defenses on the grounds for dismissal.
| 11 | | The provisions of this paragraph shall not apply to a district | 12 | | under a
Financial Oversight Panel pursuant to Section 1A-8 for | 13 | | violating a financial
plan.
| 14 | | (Source: P.A. 97-256, eff. 1-1-12.)
| 15 | | (105 ILCS 5/34-8) (from Ch. 122, par. 34-8) | 16 | | Sec. 34-8. Powers and duties of general superintendent. The | 17 | | general superintendent of schools shall prescribe and control,
| 18 | | subject to the approval of the board and to other provisions of | 19 | | this
Article, the courses of study mandated by State law, | 20 | | textbooks,
educational apparatus and equipment, discipline in | 21 | | and conduct of the
schools, and shall perform such other duties | 22 | | as the board may by rule
prescribe. The superintendent shall | 23 | | also notify the State Board of
Education, the board and the | 24 | | chief administrative official, other than the
alleged | 25 | | perpetrator himself, in the school where the alleged |
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| 1 | | perpetrator
serves, that any person who is employed in a school | 2 | | or otherwise comes into
frequent contact with children in the | 3 | | school has been named as a
perpetrator in an indicated report | 4 | | filed pursuant to the Abused and
Neglected Child Reporting Act, | 5 | | approved June 26, 1975, as amended. | 6 | | The general superintendent may be granted the authority by | 7 | | the board
to hire a specific number of employees to assist in | 8 | | meeting immediate
responsibilities. Conditions of employment | 9 | | for such personnel shall not be
subject to the provisions of | 10 | | Section 34-85. | 11 | | The general superintendent may, pursuant to a delegation of | 12 | | authority by
the board and Section 34-18, approve contracts and | 13 | | expenditures. | 14 | | Pursuant to other provisions of this Article, sites shall | 15 | | be selected,
schoolhouses located thereon and plans therefor | 16 | | approved, and textbooks
and educational apparatus and | 17 | | equipment shall be adopted and purchased
by the board only upon | 18 | | the recommendation of the general superintendent
of schools or | 19 | | by a majority vote of the full membership of the board
and, in | 20 | | the case of textbooks, subject to Article 28 of this Act. The
| 21 | | board may furnish free textbooks to pupils and may publish its | 22 | | own
textbooks and manufacture its own apparatus, equipment and | 23 | | supplies. | 24 | | In addition, in January of each year,
the general
| 25 | | superintendent of schools shall report to the State Board of | 26 | | Education the number of high school students
in the district |
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| 1 | | who are enrolled in accredited courses (for which high
school | 2 | | credit will be awarded upon successful completion of the | 3 | | courses) at
any community college, together with the name and | 4 | | number of the course or
courses which each such student is | 5 | | taking. | 6 | | The general superintendent shall also have the authority to | 7 | | monitor the
performance of attendance centers, to identify and | 8 | | place an attendance
center on remediation and probation, and to | 9 | | recommend to the board that the
attendance center be placed on | 10 | | intervention and be reconstituted, subject to
the provisions of | 11 | | Sections 34-8.3 and 8.4. | 12 | | The general superintendent, or his or her designee, shall
| 13 | | conduct an annual evaluation of each principal in the district
| 14 | | pursuant to guidelines promulgated by the Board and the Board | 15 | | approved
principal evaluation form. The evaluation
shall be | 16 | | based on factors, including the following:
(i) student academic | 17 | | improvement, as defined by the
school improvement plan; (ii) | 18 | | student absenteeism rates at the school;
(iii) instructional | 19 | | leadership;
(iv) effective implementation of programs, | 20 | | policies, or strategies to
improve student academic | 21 | | achievement; (v) school management;
and (vi) other factors, | 22 | | including, without limitation, the principal's
communication | 23 | | skills and ability to create and maintain a
student-centered | 24 | | learning environment, to develop
opportunities for | 25 | | professional development, and to encourage parental
| 26 | | involvement and community partnerships to achieve school |
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| 1 | | improvement. | 2 | | Effective no later than September 1, 2012, the general | 3 | | superintendent or his or her designee shall develop a written | 4 | | principal evaluation plan. The evaluation plan must be in | 5 | | writing and shall supersede the evaluation requirements set | 6 | | forth in this Section. The evaluation plan must do at least all | 7 | | of the following: | 8 | | (1) Provide for annual evaluation of all principals | 9 | | employed under a performance contract by the general | 10 | | superintendent or his or her designee, no later than July | 11 | | 1st of each year. | 12 | | (2) Consider the principal's specific duties, | 13 | | responsibilities, management, and competence as a | 14 | | principal. | 15 | | (3) Specify the principal's strengths and weaknesses, | 16 | | with supporting reasons. | 17 | | (4) Align with research-based standards. | 18 | | (5) Use data and indicators on student growth as a | 19 | | significant factor in rating principal performance. | 20 | | (Source: P.A. 95-496, eff. 8-28-07; 96-861, eff. 1-15-10.)
| 21 | | (105 ILCS 5/2-3.11 rep.)
| 22 | | (105 ILCS 5/2-3.144 rep.)
| 23 | | (105 ILCS 5/10-20.25a rep.)
| 24 | | (105 ILCS 5/10-20.26 rep.)
| 25 | | Section 10. The School Code is amended by repealing |
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| 1 | | Sections 2-3.11, 2-3.144, 10-20.25a, and 10-20.26.
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
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