Bill Text: IL SB1463 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the School Code. Makes a technical change in a Section concerning the powers and duties of the State Board of Education.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB1463 Detail]

Download: Illinois-2011-SB1463-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB1463 Introduced 2/9/2011, by Sen. Christine Radogno SYNOPSIS AS INTRODUCED:
105 ILCS 5/1A-4 from Ch. 122, par. 1A-4
Amends the School Code. Makes a technical change in a Section concerning the powers and duties of the State Board of Education.
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A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Section
1A-4 as follows:
(105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
Sec. 1A-4. Powers and duties of the Board.
A. (Blank).
B. The The Board shall determine the qualifications of and
appoint a chief education officer, to be known as the State
Superintendent of Education, who may be proposed by the
Governor and who shall serve at the pleasure of the Board and
pursuant to a performance-based contract linked to statewide
student performance and academic improvement within Illinois
schools. Upon expiration or buyout of the contract of the State
Superintendent of Education in office on the effective date of
this amendatory Act of the 93rd General Assembly, a State
Superintendent of Education shall be appointed by a State Board
of Education that includes the 7 new Board members who were
appointed to fill seats of members whose terms were terminated
on the effective date of this amendatory Act of the 93rd
General Assembly. Thereafter, a State Superintendent of
Education must, at a minimum, be appointed at the beginning of

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each term of a Governor after that Governor has made
appointments to the Board. A performance-based contract issued
for the employment of a State Superintendent of Education
entered into on or after the effective date of this amendatory
Act of the 93rd General Assembly must expire no later than
February 1, 2007, and subsequent contracts must expire no later
than February 1 each 4 years thereafter. No contract shall be
extended or renewed beyond February 1, 2007 and February 1 each
4 years thereafter, but a State Superintendent of Education
shall serve until his or her successor is appointed. Each
contract entered into on or before January 8, 2007 with a State
Superintendent of Education must provide that the State Board
of Education may terminate the contract for cause, and the
State Board of Education shall not thereafter be liable for
further payments under the contract. With regard to this
amendatory Act of the 93rd General Assembly, it is the intent
of the General Assembly that, beginning with the Governor who
takes office on the second Monday of January, 2007, a State
Superintendent of Education be appointed at the beginning of
each term of a Governor after that Governor has made
appointments to the Board. The State Superintendent of
Education shall not serve as a member of the State Board of
Education. The Board shall set the compensation of the State
Superintendent of Education who shall serve as the Board's
chief executive officer. The Board shall also establish the
duties, powers and responsibilities of the State

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Superintendent, which shall be included in the State
Superintendent's performance-based contract along with the
goals and indicators of student performance and academic
improvement used to measure the performance and effectiveness
of the State Superintendent. The State Board of Education may
delegate to the State Superintendent of Education the authority
to act on the Board's behalf, provided such delegation is made
pursuant to adopted board policy or the powers delegated are
ministerial in nature. The State Board may not delegate
authority under this Section to the State Superintendent to (1)
nonrecognize school districts, (2) withhold State payments as a
penalty, or (3) make final decisions under the contested case
provisions of the Illinois Administrative Procedure Act unless
otherwise provided by law.
C. The powers and duties of the State Board of Education
shall encompass all duties delegated to the Office of
Superintendent of Public Instruction on January 12, 1975,
except as the law providing for such powers and duties is
thereafter amended, and such other powers and duties as the
General Assembly shall designate. The Board shall be
responsible for the educational policies and guidelines for
public schools, pre-school through grade 12 and Vocational
Education in the State of Illinois. The Board shall analyze the
present and future aims, needs, and requirements of education
in the State of Illinois and recommend to the General Assembly
the powers which should be exercised by the Board. The Board

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shall recommend the passage and the legislation necessary to
determine the appropriate relationship between the Board and
local boards of education and the various State agencies and
shall recommend desirable modifications in the laws which
affect schools.
D. Two members of the Board shall be appointed by the
chairperson to serve on a standing joint Education Committee, 2
others shall be appointed from the Board of Higher Education, 2
others shall be appointed by the chairperson of the Illinois
Community College Board, and 2 others shall be appointed by the
chairperson of the Human Resource Investment Council. The
Committee shall be responsible for making recommendations
concerning the submission of any workforce development plan or
workforce training program required by federal law or under any
block grant authority. The Committee will be responsible for
developing policy on matters of mutual concern to elementary,
secondary and higher education such as Occupational and Career
Education, Teacher Preparation and Certification, Educational
Finance, Articulation between Elementary, Secondary and Higher
Education and Research and Planning. The joint Education
Committee shall meet at least quarterly and submit an annual
report of its findings, conclusions, and recommendations to the
State Board of Education, the Board of Higher Education, the
Illinois Community College Board, the Human Resource
Investment Council, the Governor, and the General Assembly. All
meetings of this Committee shall be official meetings for

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reimbursement under this Act. On the effective date of this
amendatory Act of the 95th General Assembly, the Joint
Education Committee is abolished.
E. Five members of the Board shall constitute a quorum. A
majority vote of the members appointed, confirmed and serving
on the Board is required to approve any action, except that the
7 new Board members who were appointed to fill seats of members
whose terms were terminated on the effective date of this
amendatory act of the 93rd General Assembly may vote to approve
actions when appointed and serving.
Using the most recently available data, the Board shall
prepare and submit to the General Assembly and the Governor on
or before January 14, 1976 and annually thereafter a report or
reports of its findings and recommendations. Such annual report
shall contain a separate section which provides a critique and
analysis of the status of education in Illinois and which
identifies its specific problems and recommends express
solutions therefor. Such annual report also shall contain the
following information for the preceding year ending on June 30:
each act or omission of a school district of which the State
Board of Education has knowledge as a consequence of scheduled,
approved visits and which constituted a failure by the district
to comply with applicable State or federal laws or regulations
relating to public education, the name of such district, the
date or dates on which the State Board of Education notified
the school district of such act or omission, and what action,

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if any, the school district took with respect thereto after
being notified thereof by the State Board of Education. The
report shall also include the statewide high school dropout
rate by grade level, sex and race and the annual student
dropout rate of and the number of students who graduate from,
transfer from or otherwise leave bilingual programs. The
Auditor General shall annually perform a compliance audit of
the State Board of Education's performance of the reporting
duty imposed by this amendatory Act of 1986. A regular system
of communication with other directly related State agencies
shall be implemented.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Council, as
required by Section 3.1 of the General Assembly Organization
Act, and filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act.
F. Upon appointment of the 7 new Board members who were
appointed to fill seats of members whose terms were terminated
on the effective date of this amendatory Act of the 93rd
General Assembly, the Board shall review all of its current
rules in an effort to streamline procedures, improve

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efficiency, and eliminate unnecessary forms and paperwork.
(Source: P.A. 95-626, eff. 6-1-08; 95-793, eff. 1-1-09.)