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Sen. Jennifer Bertino-Tarrant
Filed: 4/15/2013
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1 | | AMENDMENT TO SENATE BILL 578
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2 | | AMENDMENT NO. ______. Amend Senate Bill 578 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The School Code is amended by changing Sections |
5 | | 1A-4, 10-20.30, 10-21.4, and 34-8 as follows:
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6 | | (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
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7 | | Sec. 1A-4. Powers and duties of the Board.
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8 | | A. (Blank).
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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 |
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1 | | this amendatory Act of the 93rd General Assembly, a State |
2 | | Superintendent of Education shall be appointed by a State Board |
3 | | of Education that includes the 7 new Board members who were |
4 | | appointed to fill seats of members whose terms were terminated |
5 | | on the effective date of this amendatory Act of the 93rd |
6 | | General Assembly. Thereafter, a State Superintendent of |
7 | | Education must, at a minimum, be appointed at the beginning of |
8 | | each term of a Governor after that Governor has made |
9 | | appointments to the Board. A performance-based
contract issued |
10 | | for the employment of a State Superintendent of
Education |
11 | | entered into on or after the effective date of this amendatory |
12 | | Act of the 93rd General Assembly must expire no later than |
13 | | February 1, 2007, and subsequent contracts must expire no later |
14 | | than February 1 each 4 years thereafter. No contract
shall be
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15 | | extended or renewed beyond February 1, 2007 and February 1 each |
16 | | 4 years thereafter, but a State Superintendent of Education |
17 | | shall serve until his or her successor is appointed. Each |
18 | | contract entered into on or before January 8, 2007 with a State |
19 | | Superintendent of Education must provide that the State Board |
20 | | of Education may terminate the contract for cause, and the |
21 | | State Board of Education shall not thereafter be liable for |
22 | | further payments under the contract. With regard to this |
23 | | amendatory Act of the 93rd General Assembly, it is the intent |
24 | | of the General Assembly that, beginning with the Governor who |
25 | | takes office on the second Monday of January, 2007, a State |
26 | | Superintendent of Education 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. The State
Superintendent of |
3 | | Education shall not serve as a member of the State
Board of |
4 | | Education. The Board shall set the compensation of the State
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5 | | Superintendent of Education who shall serve as the Board's |
6 | | chief
executive officer. The Board shall also establish the |
7 | | duties, powers and
responsibilities of the State |
8 | | Superintendent, which shall be included in the
State |
9 | | Superintendent's performance-based contract along with the |
10 | | goals and
indicators of student performance and academic |
11 | | improvement used to measure the
performance and effectiveness |
12 | | of the State Superintendent.
The State Board of Education may |
13 | | delegate
to the State Superintendent of Education the authority |
14 | | to act on the Board's
behalf, provided such delegation is made |
15 | | pursuant to adopted board policy
or the powers delegated are |
16 | | ministerial in nature. The State Board may
not delegate |
17 | | authority under this Section to the State Superintendent to
(1) |
18 | | nonrecognize school districts, (2) withhold State payments as a |
19 | | penalty,
or (3) make final decisions under the contested case |
20 | | provisions of the Illinois
Administrative Procedure Act unless |
21 | | otherwise provided by law.
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22 | | C. The powers and duties of the State Board of Education |
23 | | shall encompass all
duties delegated to the Office of |
24 | | Superintendent of Public Instruction on
January 12, 1975, |
25 | | except as the law providing for such powers and duties is
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26 | | thereafter amended, and such other powers and duties as the |
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1 | | General Assembly
shall designate. The Board shall be |
2 | | responsible for the educational policies
and guidelines for |
3 | | public schools, pre-school through grade
12 and Vocational |
4 | | Education in the State of Illinois. The Board shall
analyze the |
5 | | present and future aims, needs, and requirements of
education |
6 | | in the State of Illinois and recommend to the General Assembly
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7 | | the powers which should be exercised by the Board. The Board |
8 | | shall
recommend the passage and the legislation necessary to |
9 | | determine the
appropriate relationship between the Board and |
10 | | local boards of education
and the various State agencies and |
11 | | shall recommend desirable
modifications in the laws which |
12 | | affect schools.
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13 | | D. Two members of the Board shall be appointed by the |
14 | | chairperson
to serve on a standing joint Education Committee, 2 |
15 | | others shall be
appointed from the Board of Higher Education, 2
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16 | | others shall be appointed by the chairperson of the
Illinois |
17 | | Community College Board, and 2 others shall be appointed by the
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18 | | chairperson of the Human Resource Investment Council. The
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19 | | Committee shall be
responsible for making recommendations |
20 | | concerning the submission of any
workforce development plan or |
21 | | workforce training program required by federal
law or under any |
22 | | block grant authority. The Committee will be
responsible for |
23 | | developing policy on matters of mutual concern to
elementary, |
24 | | secondary and higher education such as Occupational and
Career |
25 | | Education, Teacher Preparation and Certification, Educational
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26 | | Finance, Articulation between Elementary, Secondary and Higher |
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1 | | Education
and Research and Planning. The joint Education |
2 | | Committee shall meet at
least quarterly and submit an annual |
3 | | report of its findings,
conclusions, and recommendations to the |
4 | | State Board of Education, the Board of
Higher Education, the |
5 | | Illinois Community College Board,
the Human Resource |
6 | | Investment Council, the Governor, and the
General
Assembly. All |
7 | | meetings of this Committee shall be official meetings for
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8 | | reimbursement under this Act. On the effective date of this |
9 | | amendatory Act of the 95th General Assembly, the Joint |
10 | | Education Committee is abolished.
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11 | | E. Five members of the Board shall constitute a quorum. A
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12 | | majority
vote of the members appointed, confirmed and serving |
13 | | on the Board is
required to approve any action, except that the |
14 | | 7 new Board members who were appointed to fill seats of members |
15 | | whose terms were terminated on the effective date of this |
16 | | amendatory act of the 93rd General Assembly may vote to approve |
17 | | actions when appointed and serving.
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18 | | Using the most recently available data, the Board shall |
19 | | prepare and submit to the General Assembly and the
Governor on |
20 | | or before January 14, 1976 and annually thereafter a report
or |
21 | | reports of its findings and recommendations. Such annual report |
22 | | shall
contain a separate section which provides a critique and |
23 | | analysis of the
status of education in Illinois and which |
24 | | identifies its specific problems
and recommends express |
25 | | solutions therefor.
Such annual report also shall contain the |
26 | | following information for the
preceding year ending on June 30: |
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1 | | each act or omission of a school district
of which the State |
2 | | Board of Education has knowledge as a consequence of
scheduled, |
3 | | approved visits and which constituted a
failure by the district |
4 | | to comply with applicable State or federal laws or
regulations |
5 | | relating to public education, the name of such district, the |
6 | | date
or dates on which the State Board of Education notified |
7 | | the school district of
such act or omission, and what action, |
8 | | if any, the school district took with
respect thereto after |
9 | | being notified thereof by the State Board of Education.
The |
10 | | report shall also include the statewide high school dropout |
11 | | rate by
grade level, sex and race and the annual student |
12 | | dropout rate of and the
number of students who graduate from, |
13 | | transfer from or otherwise leave
bilingual programs. The |
14 | | Auditor General shall annually perform a
compliance audit of |
15 | | the State Board of Education's performance of the
reporting |
16 | | duty imposed by this amendatory Act of 1986. A regular system |
17 | | of
communication with other directly related State agencies |
18 | | shall be
implemented.
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19 | | The requirement for reporting to the General Assembly shall |
20 | | be satisfied
by filing copies of the report with the Speaker, |
21 | | the Minority Leader and
the Clerk of the House of |
22 | | Representatives and the President, the Minority
Leader and the |
23 | | Secretary of the Senate and the Legislative Council, as |
24 | | required
by Section 3.1 of the General
Assembly Organization |
25 | | Act, and
filing such additional
copies with the State |
26 | | Government Report Distribution Center for the General
Assembly |
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1 | | as is required under paragraph (t) of Section 7 of the State |
2 | | Library
Act.
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3 | | F. Upon appointment of the 7 new Board members who were |
4 | | appointed to fill seats of members whose terms were terminated |
5 | | on the effective date of this amendatory Act of the 93rd |
6 | | General Assembly, the Board shall review all of its current |
7 | | rules in an effort to streamline procedures, improve |
8 | | efficiency, and eliminate unnecessary forms and paperwork.
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9 | | (Source: P.A. 95-626, eff. 6-1-08; 95-793, eff. 1-1-09.)
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10 | | (105 ILCS 5/10-20.30)
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11 | | Sec. 10-20.30. No pass-no play policy. Beginning with the |
12 | | 1998-99 school
year, the school board of each school
district |
13 | | that maintains any of grades 9 through 12 shall establish, |
14 | | implement,
and enforce a uniform and consistent policy under |
15 | | which a student in any of
those grades who fails to maintain a |
16 | | specified minimum grade point average or a
specified minimum |
17 | | grade in each course in which the student is enrolled or both
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18 | | is suspended from further participation in any |
19 | | school-sponsored or
school-supported athletic or |
20 | | extracurricular activities for a specified period
or until a |
21 | | specified minimum grade point average or minimum grade or both |
22 | | are
earned by the student. Each school board shall adopt a |
23 | | policy as required by
this Section not later than one year |
24 | | after the effective date of this
amendatory Act of 1997 and |
25 | | shall concurrently file a copy of that policy with
the State |
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1 | | Board of Education. After the policy has been in effect for one
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2 | | year, the school board shall file a report with the
State Board |
3 | | of Education setting forth the number and length of suspensions
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4 | | imposed under the policy during the period covered by the |
5 | | report.
If the school board already has a policy that is |
6 | | consistent with the
requirements of this Section in effect on |
7 | | the effective date of this amendatory
Act of 1997,
it shall |
8 | | file a copy of that policy with the State Board of Education |
9 | | within 90
days after the effective date of this amendatory Act |
10 | | and shall file the annual
report required under this Section 12 |
11 | | months thereafter.
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12 | | (Source: P.A. 90-548, eff. 1-1-98.)
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13 | | (105 ILCS 5/10-21.4) (from Ch. 122, par. 10-21.4)
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14 | | Sec. 10-21.4. Superintendent - Duties. Except in districts
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15 | | in which there is only one school with less than four
teachers, |
16 | | to employ a superintendent who shall have charge
of the |
17 | | administration of the schools under the direction of
the board |
18 | | of education. In addition to the administrative
duties, the |
19 | | superintendent shall make recommendations to
the board |
20 | | concerning the budget, building plans, the
locations of sites, |
21 | | the selection, retention and dismissal of teachers
and all |
22 | | other employees, the selection of textbooks, instructional |
23 | | material
and courses of study.
However, in districts under a |
24 | | Financial Oversight Panel pursuant to
Section 1A-8 for |
25 | | violating a financial plan, the duties and responsibilities of
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1 | | the superintendent in relation to the financial and business |
2 | | operations of the
district shall be approved by the Panel. In |
3 | | the event the Board refuses or
fails to follow a directive or |
4 | | comply with an information request of the Panel,
the |
5 | | performance of those duties shall be subject to the direction |
6 | | of the
Panel.
The superintendent shall also notify the State |
7 | | Board
of Education, the board and the chief administrative |
8 | | official, other than
the alleged perpetrator himself, in the |
9 | | school where the alleged
perpetrator serves, that any person |
10 | | who is employed in a school or
otherwise comes into frequent |
11 | | contact with children
in the school has been named as a |
12 | | perpetrator in an indicated report filed
pursuant to the Abused |
13 | | and Neglected Child Reporting Act, approved June 26,
1975, as |
14 | | amended. The superintendent shall keep or cause to be kept the
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15 | | records and accounts as directed and required by the board, aid |
16 | | in making
reports required by the board, and perform such other |
17 | | duties as the board
may delegate to him.
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18 | | In addition, each year at a time designated by the State |
19 | | Superintendent of Education,
each
superintendent shall report |
20 | | to the State Board of Education the number of high school |
21 | | students in the
district who are enrolled in accredited courses |
22 | | (for which high school
credit will be awarded upon successful |
23 | | completion of the courses) at any
community college, together |
24 | | with the name and number of the course or
courses which each |
25 | | such student is taking.
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26 | | The provisions of this section shall also apply to
board of |
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1 | | director districts.
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2 | | Notice of intent not to renew
a contract must be given in |
3 | | writing stating the
specific reason therefor by April 1 of the |
4 | | contract
year unless the contract specifically provides |
5 | | otherwise.
Failure to do so will automatically extend the |
6 | | contract
for an additional year. Within 10 days after receipt |
7 | | of
notice of intent not to renew a contract, the superintendent
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8 | | may request a closed session hearing on the dismissal. At the |
9 | | hearing the
superintendent has the privilege of presenting |
10 | | evidence, witnesses and
defenses on the grounds for dismissal.
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11 | | The provisions of this paragraph shall not apply to a district |
12 | | under a
Financial Oversight Panel pursuant to Section 1A-8 for |
13 | | violating a financial
plan.
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14 | | (Source: P.A. 97-256, eff. 1-1-12.)
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15 | | (105 ILCS 5/34-8) (from Ch. 122, par. 34-8) |
16 | | Sec. 34-8. Powers and duties of general superintendent. The |
17 | | general superintendent of schools shall prescribe and control,
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18 | | subject to the approval of the board and to other provisions of |
19 | | this
Article, the courses of study mandated by State law, |
20 | | textbooks,
educational apparatus and equipment, discipline in |
21 | | and conduct of the
schools, and shall perform such other duties |
22 | | as the board may by rule
prescribe. The superintendent shall |
23 | | also notify the State Board of
Education, the board and the |
24 | | chief administrative official, other than the
alleged |
25 | | perpetrator himself, in the school where the alleged |
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1 | | perpetrator
serves, that any person who is employed in a school |
2 | | or otherwise comes into
frequent contact with children in the |
3 | | school has been named as a
perpetrator in an indicated report |
4 | | filed pursuant to the Abused and
Neglected Child Reporting Act, |
5 | | approved June 26, 1975, as amended. |
6 | | The general superintendent may be granted the authority by |
7 | | the board
to hire a specific number of employees to assist in |
8 | | meeting immediate
responsibilities. Conditions of employment |
9 | | for such personnel shall not be
subject to the provisions of |
10 | | Section 34-85. |
11 | | The general superintendent may, pursuant to a delegation of |
12 | | authority by
the board and Section 34-18, approve contracts and |
13 | | expenditures. |
14 | | Pursuant to other provisions of this Article, sites shall |
15 | | be selected,
schoolhouses located thereon and plans therefor |
16 | | approved, and textbooks
and educational apparatus and |
17 | | equipment shall be adopted and purchased
by the board only upon |
18 | | the recommendation of the general superintendent
of schools or |
19 | | by a majority vote of the full membership of the board
and, in |
20 | | the case of textbooks, subject to Article 28 of this Act. The
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21 | | board may furnish free textbooks to pupils and may publish its |
22 | | own
textbooks and manufacture its own apparatus, equipment and |
23 | | supplies. |
24 | | In addition, in January of each year,
the general
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25 | | superintendent of schools shall report to the State Board of |
26 | | Education the number of high school students
in the district |
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1 | | who are enrolled in accredited courses (for which high
school |
2 | | credit will be awarded upon successful completion of the |
3 | | courses) at
any community college, together with the name and |
4 | | number of the course or
courses which each such student is |
5 | | taking. |
6 | | The general superintendent shall also have the authority to |
7 | | monitor the
performance of attendance centers, to identify and |
8 | | place an attendance
center on remediation and probation, and to |
9 | | recommend to the board that the
attendance center be placed on |
10 | | intervention and be reconstituted, subject to
the provisions of |
11 | | Sections 34-8.3 and 8.4. |
12 | | The general superintendent, or his or her designee, shall
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13 | | conduct an annual evaluation of each principal in the district
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14 | | pursuant to guidelines promulgated by the Board and the Board |
15 | | approved
principal evaluation form. The evaluation
shall be |
16 | | based on factors, including the following:
(i) student academic |
17 | | improvement, as defined by the
school improvement plan; (ii) |
18 | | student absenteeism rates at the school;
(iii) instructional |
19 | | leadership;
(iv) effective implementation of programs, |
20 | | policies, or strategies to
improve student academic |
21 | | achievement; (v) school management;
and (vi) other factors, |
22 | | including, without limitation, the principal's
communication |
23 | | skills and ability to create and maintain a
student-centered |
24 | | learning environment, to develop
opportunities for |
25 | | professional development, and to encourage parental
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26 | | involvement and community partnerships to achieve school |
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1 | | improvement. |
2 | | Effective no later than September 1, 2012, the general |
3 | | superintendent or his or her designee shall develop a written |
4 | | principal evaluation plan. The evaluation plan must be in |
5 | | writing and shall supersede the evaluation requirements set |
6 | | forth in this Section. The evaluation plan must do at least all |
7 | | of the following: |
8 | | (1) Provide for annual evaluation of all principals |
9 | | employed under a performance contract by the general |
10 | | superintendent or his or her designee, no later than July |
11 | | 1st of each year. |
12 | | (2) Consider the principal's specific duties, |
13 | | responsibilities, management, and competence as a |
14 | | principal. |
15 | | (3) Specify the principal's strengths and weaknesses, |
16 | | with supporting reasons. |
17 | | (4) Align with research-based standards. |
18 | | (5) Use data and indicators on student growth as a |
19 | | significant factor in rating principal performance. |
20 | | (Source: P.A. 95-496, eff. 8-28-07; 96-861, eff. 1-15-10.)
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21 | | (105 ILCS 5/2-3.11 rep.)
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22 | | (105 ILCS 5/2-3.144 rep.)
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23 | | (105 ILCS 5/10-20.25a rep.)
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24 | | (105 ILCS 5/10-20.26 rep.)
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25 | | Section 10. The School Code is amended by repealing |