Full Text of HB1648 95th General Assembly
HB1648enr 95TH GENERAL ASSEMBLY
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| 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 | 5 |
| 1A-4 and adding Section 22-45 as follows:
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| (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
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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 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 | 17 |
| this amendatory Act of the 93rd General Assembly, a State | 18 |
| Superintendent of Education shall be appointed by a State Board | 19 |
| of Education that includes the 7 new Board members who were | 20 |
| appointed to fill seats of members whose terms were terminated | 21 |
| on the effective date of this amendatory Act of the 93rd | 22 |
| General Assembly. Thereafter, a State Superintendent of | 23 |
| Education must, at a minimum, be appointed at the beginning of |
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| each term of a Governor after that Governor has made | 2 |
| appointments to the Board. A performance-based
contract issued | 3 |
| for the employment of a State Superintendent of
Education | 4 |
| entered into on or after the effective date of this amendatory | 5 |
| Act of the 93rd General Assembly must expire no later than | 6 |
| February 1, 2007, and subsequent contracts must expire no later | 7 |
| than February 1 each 4 years thereafter. No contract
shall be
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| extended or renewed beyond February 1, 2007 and February 1 each | 9 |
| 4 years thereafter, but a State Superintendent of Education | 10 |
| shall serve until his or her successor is appointed. Each | 11 |
| contract entered into on or before January 8, 2007 with a State | 12 |
| Superintendent of Education must provide that the State Board | 13 |
| of Education may terminate the contract for cause, and the | 14 |
| State Board of Education shall not thereafter be liable for | 15 |
| further payments under the contract. With regard to this | 16 |
| amendatory Act of the 93rd General Assembly, it is the intent | 17 |
| of the General Assembly that, beginning with the Governor who | 18 |
| takes office on the second Monday of January, 2007, a State | 19 |
| Superintendent of Education be appointed at the beginning of | 20 |
| each term of a Governor after that Governor has made | 21 |
| appointments to the Board. The State
Superintendent of | 22 |
| Education shall not serve as a member of the State
Board of | 23 |
| Education. The Board shall set the compensation of the State
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| Superintendent of Education who shall serve as the Board's | 25 |
| chief
executive officer. The Board shall also establish the | 26 |
| duties, powers and
responsibilities of the State |
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| Superintendent, which shall be included in the
State | 2 |
| Superintendent's performance-based contract along with the | 3 |
| goals and
indicators of student performance and academic | 4 |
| improvement used to measure the
performance and effectiveness | 5 |
| of the State Superintendent.
The State Board of Education may | 6 |
| delegate
to the State Superintendent of Education the authority | 7 |
| to act on the Board's
behalf, provided such delegation is made | 8 |
| pursuant to adopted board policy
or the powers delegated are | 9 |
| ministerial in nature. The State Board may
not delegate | 10 |
| authority under this Section to the State Superintendent to
(1) | 11 |
| nonrecognize school districts, (2) withhold State payments as a | 12 |
| penalty,
or (3) make final decisions under the contested case | 13 |
| provisions of the Illinois
Administrative Procedure Act unless | 14 |
| otherwise provided by law.
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| C. The powers and duties of the State Board of Education | 16 |
| shall encompass all
duties delegated to the Office of | 17 |
| Superintendent of Public Instruction on
January 12, 1975, | 18 |
| except as the law providing for such powers and duties is
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| thereafter amended, and such other powers and duties as the | 20 |
| General Assembly
shall designate. The Board shall be | 21 |
| responsible for the educational policies
and guidelines for | 22 |
| public schools, pre-school through grade
12 and Vocational | 23 |
| Education in the State of Illinois. The Board shall
analyze the | 24 |
| present and future aims, needs, and requirements of
education | 25 |
| in the State of Illinois and recommend to the General Assembly
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| the powers which should be exercised by the Board. The Board |
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| shall
recommend the passage and the legislation necessary to | 2 |
| determine the
appropriate relationship between the Board and | 3 |
| local boards of education
and the various State agencies and | 4 |
| shall recommend desirable
modifications in the laws which | 5 |
| affect schools.
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| D. Two members of the Board shall be appointed by the | 7 |
| chairperson
to serve on a standing joint Education Committee, 2 | 8 |
| others shall be
appointed from the Board of Higher Education, 2
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| others shall be appointed by the chairperson of the
Illinois | 10 |
| Community College Board, and 2 others shall be appointed by the
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| chairperson of the Human Resource Investment Council. The
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| Committee shall be
responsible for making recommendations | 13 |
| concerning the submission of any
workforce development plan or | 14 |
| workforce training program required by federal
law or under any | 15 |
| block grant authority. The Committee will be
responsible for | 16 |
| developing policy on matters of mutual concern to
elementary, | 17 |
| secondary and higher education such as Occupational and
Career | 18 |
| Education, Teacher Preparation and Certification, Educational
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| Finance, Articulation between Elementary, Secondary and Higher | 20 |
| Education
and Research and Planning. The joint Education | 21 |
| Committee shall meet at
least quarterly and submit an annual | 22 |
| report of its findings,
conclusions, and recommendations to the | 23 |
| State Board of Education, the Board of
Higher Education, the | 24 |
| Illinois Community College Board,
the Human Resource | 25 |
| Investment Council, the Governor, and the
General
Assembly. All | 26 |
| meetings of this Committee shall be official meetings for
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| reimbursement under this Act. On the effective date of this | 2 |
| amendatory Act of the 95th General Assembly, the Joint | 3 |
| Education Committee is abolished.
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| E. Five members of the Board shall constitute a quorum. A
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| majority
vote of the members appointed, confirmed and serving | 6 |
| on the Board is
required to approve any action, except that the | 7 |
| 7 new Board members who were appointed to fill seats of members | 8 |
| whose terms were terminated on the effective date of this | 9 |
| amendatory act of the 93rd General Assembly may vote to approve | 10 |
| actions when appointed and serving.
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| The Board shall prepare and submit to the General Assembly | 12 |
| and the
Governor on or before January 14, 1976 and annually | 13 |
| thereafter a report
or reports of its findings and | 14 |
| recommendations. Such annual report shall
contain a separate | 15 |
| section which provides a critique and analysis of the
status of | 16 |
| education in Illinois and which identifies its specific | 17 |
| problems
and recommends express solutions therefor.
Such | 18 |
| annual report also shall contain the following information for | 19 |
| the
preceding year ending on June 30: each act or omission of a | 20 |
| school district
of which the State Board of Education has | 21 |
| knowledge as a consequence of
scheduled, approved visits and | 22 |
| which constituted a
failure by the district to comply with | 23 |
| applicable State or federal laws or
regulations relating to | 24 |
| public education, the name of such district, the date
or dates | 25 |
| on which the State Board of Education notified the school | 26 |
| district of
such act or omission, and what action, if any, the |
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| school district took with
respect thereto after being notified | 2 |
| thereof by the State Board of Education.
The report shall also | 3 |
| include the statewide high school dropout rate by
grade level, | 4 |
| sex and race and the annual student dropout rate of and the
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| number of students who graduate from, transfer from or | 6 |
| otherwise leave
bilingual programs. The Auditor General shall | 7 |
| annually perform a
compliance audit of the State Board of | 8 |
| Education's performance of the
reporting duty imposed by this | 9 |
| amendatory Act of 1986. A regular system of
communication with | 10 |
| other directly related State agencies shall be
implemented.
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| The requirement for reporting to the General Assembly shall | 12 |
| be satisfied
by filing copies of the report with the Speaker, | 13 |
| the Minority Leader and
the Clerk of the House of | 14 |
| Representatives and the President, the Minority
Leader and the | 15 |
| Secretary of the Senate and the Legislative Council, as | 16 |
| required
by Section 3.1 of the General
Assembly Organization | 17 |
| Act, and
filing such additional
copies with the State | 18 |
| Government Report Distribution Center for the General
Assembly | 19 |
| as is required under paragraph (t) of Section 7 of the State | 20 |
| Library
Act.
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| F. Upon appointment of the 7 new Board members who were | 22 |
| appointed to fill seats of members whose terms were terminated | 23 |
| on the effective date of this amendatory Act of the 93rd | 24 |
| General Assembly, the Board shall review all of its current | 25 |
| rules in an effort to streamline procedures, improve | 26 |
| efficiency, and eliminate unnecessary forms and paperwork.
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| (Source: P.A. 93-1036, eff. 9-14-04.)
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| (105 ILCS 5/22-45 new)
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| Sec. 22-45. Illinois P-20 Council. | 4 |
| (a) The General Assembly finds that preparing Illinoisans | 5 |
| for success in school and the workplace requires a continuum of | 6 |
| quality education from preschool through graduate school. This | 7 |
| State needs a framework to guide education policy and integrate | 8 |
| education at every level. A statewide coordinating council to | 9 |
| study and make recommendations concerning education at all | 10 |
| levels can avoid fragmentation of policies, promote improved | 11 |
| teaching and learning, and continue to cultivate and | 12 |
| demonstrate strong accountability and efficiency. Establishing | 13 |
| an Illinois P-20 Council will develop a statewide agenda that | 14 |
| will move the State towards the common goals of improving | 15 |
| academic achievement, increasing college access and success, | 16 |
| improving use of existing data and measurements, developing | 17 |
| improved accountability, promoting lifelong learning, easing | 18 |
| the transition to college, and reducing remediation. A | 19 |
| pre-kindergarten through grade 20 agenda will strengthen this | 20 |
| State's economic competitiveness by producing a highly-skilled | 21 |
| workforce. In addition, lifelong learning plans will enhance | 22 |
| this State's ability to leverage funding. | 23 |
| (b) There is created the Illinois P-20 Council. The | 24 |
| Illinois P-20 Council shall include all of the following | 25 |
| members: |
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| (1) The Governor or his or designee, to serve as | 2 |
| chairperson. | 3 |
| (2) Four members of the General Assembly, one appointed | 4 |
| by the Speaker of the House of Representatives, one | 5 |
| appointed by the Minority Leader of the House of | 6 |
| Representatives, one appointed by the President of the | 7 |
| Senate, and one appointed by the Minority Leader of the | 8 |
| Senate. | 9 |
| (3) Six at-large members appointed by the Governor as | 10 |
| follows: | 11 |
| (A) one representative of civic leaders; | 12 |
| (B) one representative of local government; | 13 |
| (C) one representative of trade unions; | 14 |
| (D) one representative of nonprofit organizations | 15 |
| or foundations; | 16 |
| (E) one representative of parents' organizations; | 17 |
| and | 18 |
| (F) one education research expert. | 19 |
| (4) Five members appointed by statewide business | 20 |
| organizations and business trade associations. | 21 |
| (5) Six members appointed by statewide professional | 22 |
| organizations and associations representing | 23 |
| pre-kindergarten through grade 20 teachers, community | 24 |
| college faculty, and public university faculty. | 25 |
| (6) Two members appointed by associations representing | 26 |
| local school administrators and school board members. |
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| (7) One member representing community colleges, | 2 |
| appointed by the Illinois Council of Community College | 3 |
| Presidents. | 4 |
| (8) One member representing 4-year independent | 5 |
| colleges and universities, appointed by a statewide | 6 |
| organization representing private institutions of higher | 7 |
| learning. | 8 |
| (9) One member representing public 4-year | 9 |
| universities, appointed jointly by the university | 10 |
| presidents and chancellors. | 11 |
| (10) Ex-officio members from the following State | 12 |
| agencies,
boards, commissions, and councils: | 13 |
| (A) The State Superintendent of Education or his or | 14 |
| her designee. | 15 |
| (B) The Executive Director of the Board of Higher
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| Education or his or her designee. | 17 |
| (C) The President and Chief Executive Officer of | 18 |
| the Illinois Community College Board or his or her | 19 |
| designee. | 20 |
| (D) The Executive Director of the Illinois Student | 21 |
| Assistance Commission or his or her designee. | 22 |
| (E) The Co-chairpersons of the Illinois Workforce | 23 |
| Investment Board or their designee. | 24 |
| (F) The Director of Commerce and Economic | 25 |
| Opportunity or his or her designee. | 26 |
| (G) The Chairperson of the Illinois Early Learning |
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| Council or his or her designee. | 2 |
| (H) The President of the Illinois Mathematics and | 3 |
| Science Academy or his or her designee. | 4 |
| Ex-officio members shall have no vote on the Illinois P-20 | 5 |
| Council. | 6 |
| Appointed members shall serve for staggered terms expiring | 7 |
| on July 1 of the first, second, or third calendar year | 8 |
| following their appointments or until their successors are | 9 |
| appointed and have qualified. Staggered terms shall be | 10 |
| determined by lot at the organizing meeting of the Illinois | 11 |
| P-20 Council. | 12 |
| Vacancies shall be filled in the same manner as original | 13 |
| appointments, and any member so appointed shall serve during | 14 |
| the remainder of the term for which the vacancy occurred. | 15 |
| (c) The Illinois P-20 Council shall be funded through State | 16 |
| appropriations to support staff activities, research, | 17 |
| data-collection, and dissemination. The Illinois P-20 Council | 18 |
| shall be staffed by the Office of the Governor, in coordination | 19 |
| with relevant State agencies, boards, and commissions. The | 20 |
| Illinois Education Research Council shall provide research and | 21 |
| coordinate research collection activities for the Illinois | 22 |
| P-20 Council. | 23 |
| (d) The Illinois P-20 Council shall have all of the | 24 |
| following duties: | 25 |
| (1) To make recommendations to do all of the following: | 26 |
| (A) Coordinate pre-kindergarten through grade 20 |
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| (graduate school) education in this State through | 2 |
| working at the intersections of educational systems to | 3 |
| promote collaborative infrastructure. | 4 |
| (B) Coordinate and leverage strategies, actions, | 5 |
| legislation, policies, and resources of all | 6 |
| stakeholders to support fundamental and lasting | 7 |
| improvement in this State's public schools, community | 8 |
| colleges, and universities. | 9 |
| (C) Better align the high school curriculum with | 10 |
| postsecondary expectations. | 11 |
| (D) Better align assessments across all levels of | 12 |
| education. | 13 |
| (E) Reduce the need for students entering | 14 |
| institutions of higher education to take remedial | 15 |
| courses. | 16 |
| (F) Smooth the transition from high school to | 17 |
| college. | 18 |
| (G) Improve high school and college graduation | 19 |
| rates. | 20 |
| (H) Improve the rigor and relevance of academic | 21 |
| standards for college and workforce readiness. | 22 |
| (I) Better align college and university teaching | 23 |
| programs with the needs of Illinois schools.
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| (2) To advise the Governor, the General Assembly, the | 25 |
| State's education and higher education agencies, and the
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| State's workforce and economic development boards and
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| agencies on policies related to lifelong learning for | 2 |
| Illinois students and families. | 3 |
| (3) To articulate a framework for systemic educational | 4 |
| improvement that will enable every student to meet or | 5 |
| exceed Illinois learning standards and be well-prepared to | 6 |
| succeed in the workforce and community. | 7 |
| (4) To provide an estimated fiscal impact for | 8 |
| implementation of all Council recommendations.
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| (e) The chairperson of the Illinois P-20 Council may | 10 |
| authorize the creation of working groups focusing on areas of | 11 |
| interest to Illinois educational and workforce development, | 12 |
| including without limitation the following areas: | 13 |
| (1) Preparation, recruitment, and certification of | 14 |
| highly qualified teachers. | 15 |
| (2) Mentoring and induction of highly qualified | 16 |
| teachers. | 17 |
| (3) The diversity of highly qualified teachers. | 18 |
| (4) Funding for highly qualified teachers, including | 19 |
| developing a strategic and collaborative plan to seek | 20 |
| federal and private grants to support initiatives | 21 |
| targeting teacher preparation and its impact on student | 22 |
| achievement. | 23 |
| (5) Highly effective administrators. | 24 |
| (6) Illinois birth through age 3 education, | 25 |
| pre-kindergarten, and early childhood education. | 26 |
| (7) The assessment, alignment, outreach, and network |
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| of college and workforce readiness efforts.
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| (8) Alternative routes to college access. | 3 |
| (9) Research data and accountability. | 4 |
| The chairperson of the Illinois P-20 Council may designate | 5 |
| Council members to serve as working group chairpersons. Working | 6 |
| groups may invite organizations and individuals representing | 7 |
| pre-kindergarten through grade 20 interests to participate in | 8 |
| discussions, data collection, and dissemination.
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| (110 ILCS 205/9.10 rep.)
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| Section 10. The Board of Higher Education Act is amended by | 11 |
| repealing Section 9.10.
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