State of Illinois
90th General Assembly
Legislation

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[ Senate Amendment 002 ]

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  new  Board  members  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.)

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