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[ House Amendment 001 ] |
92_HB0368 LRB9202932NTdv 1 AN ACT relating to 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 5 Sections 1A-1 and 1A-4 as follows: 6 (105 ILCS 5/1A-1) (from Ch. 122, par. 1A-1) 7 Sec. 1A-1. Members and terms. 8 (a) (Blank).The term of each member of the State Board9of Education who is in office on the effective date of this10amendatory Act of 1996 shall terminate on January 1, 1997 or11when all of the new members initially to be appointed under12this amendatory Act of 1996 are appointed by the Governor as13provided in subsection (b), whichever last occurs.14 (b)Beginning on January 1, 1997 or when all of the new15members initially to be appointed under this subsection are16appointed by the Governor, whichever last occurs, and17thereafter,The State Board of Education shall consist of 11 189members, who shall be appointed by the Governor with the 19 advice and consent of the Senate from a pattern of regional 20 representation as follows: 42appointees shall be selected 21 from among those counties of the State other than Cook County 22 and the 5 counties contiguous to Cook County, with at least 23 one appointee selected from among those counties that 24 comprise the Fifth Judicial District, as defined under the 25 Judicial Districts Act; 2 appointees shall be selected from 26 Cook County, one of whom shall be a resident of the City of 27 Chicago and one of whom shall be a resident of that part of 28 Cook County which lies outside the city limits of Chicago; 2 29 appointees shall be selected from among the 5 counties of the 30 State that are contiguous to Cook County; and 3 members shall 31 be selected as members-at-large. At no time may more than 6 -2- LRB9202932NTdv 15members of the Board be from one political party. Party 2 membership is defined as having voted in the primary of the 3 party in the last primary before appointment. The 9 members 4 initially appointed pursuant to Public Act 89-610this5amendatory Act of 1996shall draw lots to determine 3 of 6 their number who shall serve until the second Wednesday of 7 January, 2003, 3 of their number who shall serve until the 8 second Wednesday of January, 2001, and 3 of their number who 9 shall serve until the second Wednesday of January, 1999. Of 10 the 2 additional members appointed pursuant to this 11 amendatory Act of the 92nd General Assembly, one shall be 12 designated at the time of his or her appointment to serve 13 until the second Wednesday of January, 2007 and the other 14 shall be designated at the time of his or her appointment to 15 serve until the second Wednesday of January, 2005, with each 16 to serve until his or her successor is appointed and 17 qualified. In the event the Senate is not in session at the 18 time the 2 additional members are appointed pursuant to this 19 amendatory Act of the 92nd General Assembly, the Governor 20 shall make those appointments as temporary appointments until 21 the next meeting of the Senate when the Governor shall 22 appoint, by and with the advice and consent of the Senate, 2 23 persons to fill those memberships for their unexpired terms. 24 Upon expiration of the terms of the members initially 25 appointed under Public Act 89-610 or under this amendatory 26 Act of the 92nd General Assemblythis amendatory Act of 1996, 27 their respective successors shall be appointed for terms of 6 28 years, from the second Wednesday in January of each odd 29 numbered year and until their respective successors are 30 appointed and qualified. Vacancies in terms shall be 31 filled by appointment by the Governor with the advice and 32 consent of the Senate for the extent of the unexpired term. 33 If a vacancy in membership occurs at a time when the Senate 34 is not in session, the Governor shall make a temporary -3- LRB9202932NTdv 1 appointment until the next meeting of the Senate, when the 2 Governor shall appoint a person to fill that membership for 3 the remainder of its term. If the Senate is not in session 4 when appointments for a full term are made, the appointments 5 shall be made as in the case of vacancies. 6 (Source: P.A. 89-610, eff. 8-6-96.) 7 (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4) 8 Sec. 1A-4. Powers and duties of the Board. 9 A. Upon the appointment of the initialnewBoard members 10 as provided under Public Act 89-610in subsection (b) of11Section 1A-1and every 2 years thereafter, the chairperson of 12 the Board shall be selected by the Governor, with the advice 13 and consent of the Senate, from the membership of the Board 14 to serve as chairperson for 2 years. 15 B. The Board shall determine the qualifications of and 16 appoint a chief education officer to be known as the State 17 Superintendent of Education who shall serve at the pleasure 18 of the Board and pursuant to a performance-based contract 19 linked to statewide student performance and academic 20 improvement within Illinois schools. No performance-based 21 contract issued for the employment of the State 22 Superintendent of Education shall be for a term longer than 3 23 years and no contract shall be extended or renewed prior to 24 its scheduled expiration unless the performance and 25 improvement goals contained in the contract have been met. 26 The State Superintendent of Education shall not serve as a 27 member of the State Board of Education. The Board shall set 28 the compensation of the State Superintendent of Education who 29 shall serve as the Board's chief executive officer. The Board 30 shall also establish the duties, powers and responsibilities 31 of the State Superintendent, which shall be included in the 32 State Superintendent's performance-based contract along with 33 the goals and indicators of student performance and academic -4- LRB9202932NTdv 1 improvement used to measure the performance and effectiveness 2 of the State Superintendent. The State Board of Education may 3 delegate to the State Superintendent of Education the 4 authority to act on the Board's behalf, provided such 5 delegation is made pursuant to adopted board policy or the 6 powers delegated are ministerial in nature. The State Board 7 may not delegate authority under this Section to the State 8 Superintendent to (1) nonrecognize school districts, (2) 9 withhold State payments as a penalty, or (3) make final 10 decisions under the contested case provisions of the Illinois 11 Administrative Procedure Act unless otherwise provided by 12 law. 13 C. The powers and duties of the State Board of Education 14 shall encompass all duties delegated to the Office of 15 Superintendent of Public Instruction on January 12, 1975, 16 except as the law providing for such powers and duties is 17 thereafter amended, and such other powers and duties as the 18 General Assembly shall designate. The Board shall be 19 responsible for the educational policies and guidelines for 20 public schools, pre-school through grade 12 and Vocational 21 Education in the State of Illinois. The Board shall analyze 22 the present and future aims, needs, and requirements of 23 education in the State of Illinois and recommend to the 24 General Assembly the powers which should be exercised by the 25 Board. The Board shall recommend the passage and the 26 legislation necessary to determine the appropriate 27 relationship between the Board and local boards of education 28 and the various State agencies and shall recommend desirable 29 modifications in the laws which affect schools. 30 D. Two members of the Board shall be appointed by the 31 chairperson to serve on a standing joint Education Committee, 32 2 others shall be appointed from the Board of Higher 33 Education, 2 others shall be appointed by the chairperson of 34 the Illinois Community College Board, and 2 others shall be -5- LRB9202932NTdv 1 appointed by the chairperson of the Human Resource Investment 2 Council. The Committee shall be responsible for making 3 recommendations concerning the submission of any workforce 4 development plan or workforce training program required by 5 federal law or under any block grant authority. The 6 Committee will be responsible for developing policy on 7 matters of mutual concern to elementary, secondary and higher 8 education such as Occupational and Career Education, Teacher 9 Preparation and Certification, Educational Finance, 10 Articulation between Elementary, Secondary and Higher 11 Education and Research and Planning. The joint Education 12 Committee shall meet at least quarterly and submit an annual 13 report of its findings, conclusions, and recommendations to 14 the State Board of Education, the Board of Higher Education, 15 the Illinois Community College Board, the Human Resource 16 Investment Council, the Governor, and the General Assembly. 17 All meetings of this Committee shall be official meetings for 18 reimbursement under this Act. 19 E. SixFivemembers of the Board shall constitute a 20 quorum. A majority vote of the members appointed, confirmed 21 and serving on the Board is required to approve any action. 22 The Board shall prepare and submit to the General 23 Assembly and the Governor on or before January 14, 1976 and 24 annually thereafter a report or reports of its findings and 25 recommendations. Such annual report shall contain a separate 26 section which provides a critique and analysis of the status 27 of education in Illinois and which identifies its specific 28 problems and recommends express solutions therefor. Such 29 annual report also shall contain the following information 30 for the preceding year ending on June 30: each act or 31 omission of a school district of which the State Board of 32 Education has knowledge as a consequence of scheduled, 33 approved visits and which constituted a failure by the 34 district to comply with applicable State or federal laws or -6- LRB9202932NTdv 1 regulations relating to public education, the name of such 2 district, the date or dates on which the State Board of 3 Education notified the school district of such act or 4 omission, and what action, if any, the school district took 5 with respect thereto after being notified thereof by the 6 State Board of Education. The report shall also include the 7 statewide high school dropout rate by grade level, sex and 8 race and the annual student dropout rate of and the number of 9 students who graduate from, transfer from or otherwise leave 10 bilingual programs. The Auditor General shall annually 11 perform a compliance audit of the State Board of Education's 12 performance of the reporting duty imposed by this amendatory 13 Act of 1986. A regular system of communication with other 14 directly related State agencies shall be implemented. 15 The requirement for reporting to the General Assembly 16 shall be satisfied by filing copies of the report with the 17 Speaker, the Minority Leader and the Clerk of the House of 18 Representatives and the President, the Minority Leader and 19 the Secretary of the Senate and the Legislative Council, as 20 required by Section 3.1 of the General Assembly Organization 21 Act, and filing such additional copies with the State 22 Government Report Distribution Center for the General 23 Assembly as is required under paragraph (t) of Section 7 of 24 the State Library Act. 25 (Source: P.A. 89-430, eff. 12-15-95; 89-610, eff. 8-6-96; 26 89-698, eff. 1-14-97; 90-548, eff. 1-1-98.) 27 Section 99. Effective date. This Act takes effect July 28 1, 2001.