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90_HB1098 105 ILCS 5/1A-4 from Ch. 122, par. 1A-4 Amends the School Code. Makes a technical change in the provisions relating to the powers and duties of the State Board of Education. LRB9003837THpk LRB9003837THpk 1 AN ACT to amend the School Code by changing Section 1A-4. 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 5 Section 1A-4 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. Upon the appointment of newBoardmembers of the 9 State Board of Education as provided in subsection (b) of 10 Section 1A-1 and every 2 years thereafter, the chairperson of 11 the Board shall be selected by the Governor, with the advice 12 and consent of the Senate, from the membership of the Board 13 to serve as chairperson for 2 years. 14 B. The Board shall determine the qualifications of and 15 appoint a chief education officer to be known as the State 16 Superintendent of Education who shall serve at the pleasure 17 of the Board except that no contract issued for the 18 employment of the State Superintendent of Education shall be 19 for a term longer than 3 years. The State Superintendent of 20 Education shall not serve as a member of the State Board of 21 Education. The Board shall set the compensation of the State 22 Superintendent of Education who shall serve as the Board's 23 chief executive officer. The Board shall also establish the 24 duties, powers and responsibilities of such officer. The 25 State Board of Education may delegate to the State 26 Superintendent of Education the authority to act on the 27 Board's behalf, provided such delegation is made pursuant to 28 adopted board policy or the powers delegated are ministerial 29 in nature. The State Board may not delegate authority under 30 this Section to the State Superintendent to (1) nonrecognize 31 school districts, (2) withhold State payments as a penalty, -2- LRB9003837THpk 1 or (3) make final decisions under the contested case 2 provisions of The Illinois Administrative Procedure Act 3 unless otherwise provided by law. 4 C. The powers and duties of the State Board of Education 5 shall encompass all duties delegated to the Office of 6 Superintendent of Public Instruction on January 12, 1975, 7 except as the law providing for such powers and duties is 8 thereafter amended, and such other powers and duties as the 9 General Assembly shall designate. The Board shall be 10 responsible for the educational policies and guidelines for 11 public schools, pre-school through grade 12 and Vocational 12 Education in the State of Illinois. The Board shall analyze 13 the present and future aims, needs, and requirements of 14 education in the State of Illinois and recommend to the 15 General Assembly the powers which should be exercised by the 16 Board. The Board shall recommend the passage and the 17 legislation necessary to determine the appropriate 18 relationship between the Board and local boards of education 19 and the various State agencies and shall recommend desirable 20 modifications in the laws which affect schools. 21 D. Two members of the Board shall be appointed by the 22 chairperson to serve on a standing joint Education Committee, 23 2 others shall be appointed from the Board of Higher 24 Education, 2 others shall be appointed by the chairperson of 25 the Illinois Community College Board, and 2 others shall be 26 appointed by the chairperson of the Human Resources 27 Investment Council. The Committee shall be responsible for 28 making recommendations concerning the submission of any 29 workforce development plan or workforce training program 30 required by federal law or under any block grant authority. 31 The Committee will be responsible for developing policy on 32 matters of mutual concern to elementary, secondary and higher 33 education such as Occupational and Career Education, Teacher 34 Preparation and Certification, Educational Finance, -3- LRB9003837THpk 1 Articulation between Elementary, Secondary and Higher 2 Education and Research and Planning. The joint Education 3 Committee shall meet at least quarterly and submit an annual 4 report of its findings, conclusions, and recommendations to 5 the State Board of Education, the Board of Higher Education, 6 the Illinois Community College Board, the Human Resources 7 Investment Council, the Governor, and the General Assembly. 8 All meetings of this Committee shall be official meetings for 9 reimbursement under this Act. 10 E. Five members of the Board shall constitute a quorum. 11 A majority vote of the members appointed, confirmed and 12 serving on the Board is required to approve any action. 13 The Board shall prepare and submit to the General 14 Assembly and the Governor on or before January 14, 1976 and 15 annually thereafter a report or reports of its findings and 16 recommendations. Such annual report shall contain a separate 17 section which provides a critique and analysis of the status 18 of education in Illinois and which identifies its specific 19 problems and recommends express solutions therefor. Such 20 annual report also shall contain the following information 21 for the preceding year ending on June 30: each act or 22 omission of a school district of which the State Board of 23 Education has knowledge as a consequence of scheduled, 24 approved visits and which constituted a failure by the 25 district to comply with applicable State or federal laws or 26 regulations relating to public education, the name of such 27 district, the date or dates on which the State Board of 28 Education notified the school district of such act or 29 omission, and what action, if any, the school district took 30 with respect thereto after being notified thereof by the 31 State Board of Education. The report shall also include the 32 statewide high school dropout rate by grade level, sex and 33 race and the annual student dropout rate of and the number of 34 students who graduate from, transfer from or otherwise leave -4- LRB9003837THpk 1 bilingual programs. The Auditor General shall annually 2 perform a compliance audit of the State Board of Education's 3 performance of the reporting duty imposed by this amendatory 4 Act of 1986. A regular system of communication with other 5 directly related State agencies shall be implemented. 6 The requirement for reporting to the General Assembly 7 shall be satisfied by filing copies of the report with the 8 Speaker, the Minority Leader and the Clerk of the House of 9 Representatives and the President, the Minority Leader and 10 the Secretary of the Senate and the Legislative Council, as 11 required by Section 3.1 of "An Act to revise the law in 12 relation to the General Assembly", approved February 25, 13 1874, as amended, and filing such additional copies with the 14 State Government Report Distribution Center for the General 15 Assembly as is required under paragraph (t) of Section 7 of 16 the State Library Act. 17 (Source: P.A. 89-430, eff. 12-15-95; 89-610, eff. 8-6-96; 18 89-698, eff. 1-14-97.)