Full Text of HB5654 99th General Assembly
HB5654 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5654 Introduced , by Rep. David R. Leitch SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/1A-4 | from Ch. 122, par. 1A-4 | 105 ILCS 5/2-3.6 | from Ch. 122, par. 2-3.6 | 105 ILCS 5/2-3.64a-5 | | 105 ILCS 5/21B-5 | |
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Amends the School Code. Provides that the State Board of Education shall not adopt any rule or policy that makes changes to any State assessment, academic standards, or educator licensure without the prior consent and approval of the General Assembly. Provides that the State Superintendent of Education shall not ask the State Board for the adoption of any rule or policy that makes changes to assessments, academic standards, or educator licensure without the prior consent and approval of the General Assembly.
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| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 1A-4, 2-3.6, 2-3.64a-5, and 21B-5 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 | 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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| 1 | | 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
| 8 | | 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
| 24 | | 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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| 1 | | 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. The State Superintendent shall not | 15 | | ask the Board for the adoption of any rule or policy that makes | 16 | | changes to assessments, academic standards, or educator | 17 | | licensure without the prior consent and approval of the General | 18 | | Assembly.
| 19 | | C. The powers and duties of the State Board of Education | 20 | | shall encompass all
duties delegated to the Office of | 21 | | Superintendent of Public Instruction on
January 12, 1975, | 22 | | except as the law providing for such powers and duties is
| 23 | | thereafter amended, and such other powers and duties as the | 24 | | General Assembly
shall designate. The Board shall be | 25 | | responsible for the educational policies
and guidelines for | 26 | | public schools, pre-school through grade
12 and Vocational |
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| 1 | | Education in the State of Illinois. The Board shall
analyze the | 2 | | present and future aims, needs, and requirements of
education | 3 | | in the State of Illinois and recommend to the General Assembly
| 4 | | the powers which should be exercised by the Board. The Board | 5 | | shall
recommend the passage and the legislation necessary to | 6 | | determine the
appropriate relationship between the Board and | 7 | | local boards of education
and the various State agencies and | 8 | | shall recommend desirable
modifications in the laws which | 9 | | affect schools.
| 10 | | D. Two members of the Board shall be appointed by the | 11 | | chairperson
to serve on a standing joint Education Committee, 2 | 12 | | others shall be
appointed from the Board of Higher Education, 2
| 13 | | others shall be appointed by the chairperson of the
Illinois | 14 | | Community College Board, and 2 others shall be appointed by the
| 15 | | chairperson of the Human Resource Investment Council. The
| 16 | | Committee shall be
responsible for making recommendations | 17 | | concerning the submission of any
workforce development plan or | 18 | | workforce training program required by federal
law or under any | 19 | | block grant authority. The Committee will be
responsible for | 20 | | developing policy on matters of mutual concern to
elementary, | 21 | | secondary and higher education such as Occupational and
Career | 22 | | Education, Teacher Preparation and Certification, Educational
| 23 | | Finance, Articulation between Elementary, Secondary and Higher | 24 | | Education
and Research and Planning. The joint Education | 25 | | Committee shall meet at
least quarterly and submit an annual | 26 | | report of its findings,
conclusions, and recommendations to the |
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| 1 | | State Board of Education, the Board of
Higher Education, the | 2 | | Illinois Community College Board,
the Human Resource | 3 | | Investment Council, the Governor, and the
General
Assembly. All | 4 | | meetings of this Committee shall be official meetings for
| 5 | | reimbursement under this Act. On the effective date of this | 6 | | amendatory Act of the 95th General Assembly, the Joint | 7 | | Education Committee is abolished.
| 8 | | E. Five members of the Board shall constitute a quorum. A
| 9 | | majority
vote of the members appointed, confirmed and serving | 10 | | on the Board is
required to approve any action, except that the | 11 | | 7 new Board members who were appointed to fill seats of members | 12 | | whose terms were terminated on the effective date of this | 13 | | amendatory act of the 93rd General Assembly may vote to approve | 14 | | actions when appointed and serving.
| 15 | | Using the most recently available data, the Board shall | 16 | | prepare and submit to the General Assembly and the
Governor on | 17 | | or before January 14, 1976 and annually thereafter a report
or | 18 | | reports of its findings and recommendations. Such annual report | 19 | | shall
contain a separate section which provides a critique and | 20 | | analysis of the
status of education in Illinois and which | 21 | | identifies its specific problems
and recommends express | 22 | | solutions therefor.
Such annual report also shall contain the | 23 | | following information for the
preceding year ending on June 30: | 24 | | each act or omission of a school district
of which the State | 25 | | Board of Education has knowledge as a consequence of
scheduled, | 26 | | approved visits and which constituted a
failure by the district |
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| 1 | | to comply with applicable State or federal laws or
regulations | 2 | | relating to public education, the name of such district, the | 3 | | date
or dates on which the State Board of Education notified | 4 | | the school district of
such act or omission, and what action, | 5 | | if any, the school district took with
respect thereto after | 6 | | being notified thereof by the State Board of Education.
The | 7 | | report shall also include the statewide high school dropout | 8 | | rate by
grade level, sex and race and the annual student | 9 | | dropout rate of and the
number of students who graduate from, | 10 | | transfer from or otherwise leave
bilingual programs. The | 11 | | Auditor General shall annually perform a
compliance audit of | 12 | | the State Board of Education's performance of the
reporting | 13 | | duty imposed by this amendatory Act of 1986. A regular system | 14 | | of
communication with other directly related State agencies | 15 | | shall be
implemented.
| 16 | | The requirement for reporting to the General Assembly shall | 17 | | be satisfied
by filing copies of the report with the Speaker, | 18 | | the Minority Leader and
the Clerk of the House of | 19 | | Representatives and the President, the Minority
Leader and the | 20 | | Secretary of the Senate and the Legislative Council, as | 21 | | required
by Section 3.1 of the General
Assembly Organization | 22 | | Act, and
filing such additional
copies with the State | 23 | | Government Report Distribution Center for the General
Assembly | 24 | | as is required under paragraph (t) of Section 7 of the State | 25 | | Library
Act.
| 26 | | F. Upon appointment of the 7 new Board members who were |
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| 1 | | appointed to fill seats of members whose terms were terminated | 2 | | on the effective date of this amendatory Act of the 93rd | 3 | | General Assembly, the Board shall review all of its current | 4 | | rules in an effort to streamline procedures, improve | 5 | | efficiency, and eliminate unnecessary forms and paperwork.
| 6 | | (Source: P.A. 95-626, eff. 6-1-08; 95-793, eff. 1-1-09.)
| 7 | | (105 ILCS 5/2-3.6) (from Ch. 122, par. 2-3.6)
| 8 | | Sec. 2-3.6. Rules and policies. To make rules, in | 9 | | accordance with the Illinois Administrative Procedure Act, | 10 | | that are
necessary to carry into efficient and uniform effect | 11 | | all
laws for establishing and maintaining free schools in the | 12 | | State. The State Board of Education may not adopt any rule or | 13 | | policy that alters the intent of the authorizing law or that | 14 | | supersedes federal or State law. The State Board shall not | 15 | | adopt any rule or policy that makes changes to any assessments | 16 | | or academic standards under Section 2-3.64a-5 of this Code | 17 | | without the prior consent and approval of the General Assembly. | 18 | | The State Board shall not adopt any rule or policy that makes | 19 | | changes to educator licensure, including educator endorsement | 20 | | changes, without the prior consent and approval of the General | 21 | | Assembly. The Board may not make policies affecting school | 22 | | districts that have the effect of rules without following the | 23 | | procedures of the Illinois Administrative Procedure Act.
| 24 | | (Source: P.A. 93-1036, eff. 9-14-04.)
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| 1 | | (105 ILCS 5/2-3.64a-5) | 2 | | Sec. 2-3.64a-5. State goals and assessment. | 3 | | (a) For the assessment and accountability purposes of this | 4 | | Section, "students" includes those students enrolled in a | 5 | | public or State-operated elementary school, secondary school, | 6 | | or cooperative or joint agreement with a governing body or | 7 | | board of control, a charter school operating in compliance with | 8 | | the Charter Schools Law, a school operated by a regional office | 9 | | of education under Section 13A-3 of this Code, or a public | 10 | | school administered by a local public agency or the Department | 11 | | of Human Services. | 12 | | (b) Until the effective date of this amendatory Act of the | 13 | | 99th General Assembly, the The State Board of Education shall | 14 | | establish the academic standards that are to be applicable to | 15 | | students who are subject to State assessments under this | 16 | | Section without the consent or approval of the General | 17 | | Assembly . The State Board of Education shall not establish any | 18 | | such standards in final form without first providing | 19 | | opportunities for public participation and local input in the | 20 | | development of the final academic standards. Those | 21 | | opportunities shall include a well-publicized period of public | 22 | | comment and opportunities to file written comments. On and | 23 | | after the effective date of this amendatory Act of the 99th | 24 | | General Assembly, the State Board shall not establish new | 25 | | academic standards or make changes to the current academic | 26 | | standards under this Section without the prior consent and |
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| 1 | | approval of the General Assembly. | 2 | | (c) Beginning no later than the 2014-2015 school year, the | 3 | | State Board of Education shall annually assess all students | 4 | | enrolled in grades 3 through 8 in English language arts and | 5 | | mathematics. | 6 | | Beginning no later than the 2017-2018 school year, the | 7 | | State Board of Education shall annually assess all students in | 8 | | science at one grade in grades 3 through 5, at one grade in | 9 | | grades 6 through 8, and at one grade in grades 9 through 12. | 10 | | The State Board of Education shall annually assess schools | 11 | | that operate a secondary education program, as defined in | 12 | | Section 22-22 of this Code, in English language arts and | 13 | | mathematics. The State Board of Education shall administer no | 14 | | more than 3 assessments, per student, of English language arts | 15 | | and mathematics for students in a secondary education program. | 16 | | One of these assessments shall include a college and career | 17 | | ready determination that shall be accepted by this State's | 18 | | public institutions of higher education, as defined in the | 19 | | Board of Higher Education Act, for the purpose of student | 20 | | application or admissions consideration. | 21 | | Students who are not assessed for college and career ready | 22 | | determinations may not receive a regular high school diploma | 23 | | unless the student is exempted from taking State assessments | 24 | | under subsection (d) of this Section because (i) the student's | 25 | | individualized educational program developed under Article 14 | 26 | | of this Code identifies the State assessment as inappropriate |
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| 1 | | for the student, (ii) the student is enrolled in a program of | 2 | | adult and continuing education, as defined in the Adult | 3 | | Education Act, (iii) the school district is not required to | 4 | | assess the individual student for purposes of accountability | 5 | | under federal No Child Left Behind Act of 2001 requirements, | 6 | | (iv) the student has been determined to be an English learner | 7 | | and has been enrolled in schools in the United States for less | 8 | | than 12 months, or (v) the student is otherwise identified by | 9 | | the State Board of Education, through rules, as being exempt | 10 | | from the assessment. | 11 | | The State Board of Education shall not assess students | 12 | | under this Section in subjects not required by this Section. | 13 | | Districts shall inform their students of the timelines and | 14 | | procedures applicable to their participation in every yearly | 15 | | administration of the State assessments.
The State Board of | 16 | | Education shall establish periods of time in each school year | 17 | | during which State assessments shall occur to meet the | 18 | | objectives of this Section. | 19 | | (d) Every individualized educational program as described | 20 | | in Article 14 shall identify if the State assessment or | 21 | | components thereof are appropriate for the student. The State | 22 | | Board of Education shall develop rules governing the | 23 | | administration of an alternate assessment that may be available | 24 | | to students for whom participation in this State's regular | 25 | | assessments is not appropriate, even with accommodations as | 26 | | allowed under this Section. |
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| 1 | | Students receiving special education services whose | 2 | | individualized educational programs identify them as eligible | 3 | | for the alternative State assessments nevertheless shall have | 4 | | the option of taking this State's regular assessment that | 5 | | includes a college and career ready determination, which shall | 6 | | be administered in accordance with the eligible accommodations | 7 | | appropriate for meeting these students' respective needs. | 8 | | All students determined to be English learners shall | 9 | | participate in the State assessments, excepting those students | 10 | | who have been enrolled in schools in the United States for less | 11 | | than 12 months. Such students may be exempted from | 12 | | participation in one annual administration of the English | 13 | | language arts assessment. Any student determined to be an | 14 | | English learner shall receive appropriate assessment | 15 | | accommodations, including language supports, which shall be | 16 | | established by rule. Approved assessment accommodations must | 17 | | be provided until the student's English language skills develop | 18 | | to the extent that the student is no longer considered to be an | 19 | | English learner, as demonstrated through a State-identified | 20 | | English language proficiency assessment. | 21 | | (e) The results or scores of each assessment taken under | 22 | | this Section shall be made available to the parents of each | 23 | | student. | 24 | | In each school year, the scores attained by a student on | 25 | | the State assessment that includes a college and career ready | 26 | | determination must be placed in the student's permanent record |
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| 1 | | and must be entered on the student's transcript pursuant to | 2 | | rules that the State Board of Education shall adopt for that | 3 | | purpose in accordance with Section 3 of the Illinois School | 4 | | Student Records Act. In each school year, the scores attained | 5 | | by a student on the State assessments administered in grades 3 | 6 | | through 8 must be placed in the student's temporary record. | 7 | | (f) All schools shall administer an academic assessment of | 8 | | English language proficiency in oral language (listening and | 9 | | speaking) and reading and writing skills to all children | 10 | | determined to be English learners. | 11 | | (g) All schools in this State that are part of the sample | 12 | | drawn by the National Center for Education Statistics, in | 13 | | collaboration with their school districts and the State Board | 14 | | of Education, shall administer the biennial academic | 15 | | assessments under the National Assessment of Educational | 16 | | Progress carried out under Section 411(b)(2) of the federal | 17 | | National Education Statistics Act of 1994 (20 U.S.C. 9010) if | 18 | | the U.S. Secretary of Education pays the costs of administering | 19 | | the assessments. | 20 | | (h) Subject to available funds to this State for the | 21 | | purpose of student assessment, the State Board of Education | 22 | | shall provide additional assessments and assessment resources | 23 | | that may be used by school districts for local assessment | 24 | | purposes. The State Board of Education shall annually | 25 | | distribute a listing of these additional resources. | 26 | | (i) For the purposes of this subsection (i), "academically |
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| 1 | | based assessments" means assessments consisting of questions | 2 | | and answers that are measurable and quantifiable to measure the | 3 | | knowledge, skills, and ability of students in the subject | 4 | | matters covered by the assessments. All assessments | 5 | | administered pursuant to this Section must be academically | 6 | | based assessments. The scoring of academically based | 7 | | assessments shall be reliable, valid, and fair and shall meet | 8 | | the guidelines for assessment development and use prescribed by | 9 | | the American Psychological Association, the National Council | 10 | | on Measurement in Education, and the American Educational | 11 | | Research Association. | 12 | | The State Board of Education shall review the use of all | 13 | | assessment item types in order to ensure that they are valid | 14 | | and reliable indicators of student performance aligned to the | 15 | | learning standards being assessed and that the development, | 16 | | administration, and scoring of these item types are justifiable | 17 | | in terms of cost. | 18 | | (j) The State Superintendent of Education shall appoint a | 19 | | committee of no more than 21 members, consisting of parents, | 20 | | teachers, school administrators, school board members, | 21 | | assessment experts, regional superintendents of schools, and | 22 | | citizens, to review the State assessments administered by the | 23 | | State Board of Education. The Committee shall select one of its | 24 | | members as its chairperson. The Committee shall meet on an | 25 | | ongoing basis to review the content and design of the | 26 | | assessments (including whether the requirements of subsection |
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| 1 | | (i) of this Section have been met), the time and money expended | 2 | | at the local and State levels to prepare for and administer the | 3 | | assessments, the collective results of the assessments as | 4 | | measured against the stated purpose of assessing student | 5 | | performance, and other issues involving the assessments | 6 | | identified by the Committee. The Committee shall make periodic | 7 | | recommendations to the State Superintendent of Education and | 8 | | the General Assembly concerning the assessments. | 9 | | (k) The State Board of Education may adopt rules to | 10 | | implement this Section.
| 11 | | (Source: P.A. 98-972, eff. 8-15-14; 99-30, eff. 7-10-15; | 12 | | 99-185, eff. 1-1-16; revised 10-16-15.) | 13 | | (105 ILCS 5/21B-5) | 14 | | Sec. 21B-5. Licensure powers of the State Board of | 15 | | Education. | 16 | | (a) Recognizing that the education of our citizens is the | 17 | | single most important influence on the prosperity and success | 18 | | of this State and recognizing that new developments in | 19 | | education require a flexible approach to our educational | 20 | | system, the State Board of Education, in consultation with the | 21 | | State Educator Preparation and Licensure Board, shall have the | 22 | | power and authority to do all of the following: | 23 | | (1) Set standards for teaching, supervising, or | 24 | | otherwise holding licensed employment in the public | 25 | | schools of this State and administer the licensure process |
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| 1 | | as provided in this Article. | 2 | | (2) Approve, evaluate, and sanction educator | 3 | | preparation programs. | 4 | | (3) Enter into agreements with other states relative to | 5 | | reciprocal approval of educator preparation programs. | 6 | | (4) Establish standards for the issuance of new types | 7 | | of educator licenses. | 8 | | (5) Establish a code of ethics for all educators. | 9 | | (6) Maintain a system of licensure examination aligned | 10 | | with standards determined by the State Board of Education. | 11 | | (7) Take such other action relating to the improvement | 12 | | of instruction in the public schools as is appropriate and | 13 | | consistent with applicable laws. | 14 | | (b) Only the State Superintendent of Education, acting in | 15 | | accordance with the applicable provisions of this Article and | 16 | | rules, shall have the authority to issue or endorse any license | 17 | | required for teaching, supervising, or otherwise holding | 18 | | licensed employment in the public schools; and no other State | 19 | | agency shall have any power or authority (i) to establish or | 20 | | prescribe any qualifications or other requirements applicable | 21 | | to the issuance or endorsement of any such license or (ii) to | 22 | | establish or prescribe any licensure or equivalent requirement | 23 | | that must be satisfied in order to teach, supervise, or hold | 24 | | licensed employment in the public schools.
| 25 | | (c) Neither the State Board nor the State Superintendent of | 26 | | Education shall adopt any rule or policy under this Article or |
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| 1 | | alter Part 25 of Title 23 of the Illinois Administrative Code | 2 | | without the prior consent and approval of the General Assembly. | 3 | | (Source: P.A. 97-607, eff. 8-26-11.)
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