Illinois General Assembly - Full Text of SB1519
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Full Text of SB1519  93rd General Assembly

SB1519 93rd General Assembly


093_SB1519

 
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 1        AN ACT concerning education.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Civil Administrative Code of Illinois  is
 5    amended by changing Sections 5-15 and 5-20 and adding Section
 6    5-338 as follows:

 7        (20 ILCS 5/5-15) (was 20 ILCS 5/3)
 8        Sec.   5-15.    Departments  of  State  government.   The
 9    Departments of State government are created as follows:
10        The Department on Aging.
11        The Department of Agriculture.
12        The Department of Central Management Services.
13        The Department of Children and Family Services.
14        The Department of Commerce and Community Affairs.
15        The Department of Corrections.
16        The Department of Education.
17        The Department of Employment Security.
18        The Department of Financial Institutions.
19        The Department of Human Rights.
20        The Department of Human Services.
21        The Department of Insurance.
22        The Department of Labor.
23        The Department of the Lottery.
24        The Department of Natural Resources.
25        The Department of Nuclear Safety.
26        The Department of Professional Regulation.
27        The Department of Public Aid.
28        The Department of Public Health.
29        The Department of Revenue.
30        The Department of State Police.
31        The Department of Transportation.
 
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 1        The Department of Veterans' Affairs.
 2    (Source: P.A. 91-239, eff. 1-1-00.)

 3        (20 ILCS 5/5-20) (was 20 ILCS 5/4)
 4        Sec. 5-20. Heads of departments.  Each  department  shall
 5    have an officer as its head who shall be known as director or
 6    secretary  and  who  shall,  subject to the provisions of the
 7    Civil Administrative Code of Illinois, execute the powers and
 8    discharge the duties vested by law in his or  her  respective
 9    department.
10        The following officers are hereby created:
11        Director of Aging, for the Department on Aging.
12        Director   of   Agriculture,   for   the   Department  of
13    Agriculture.
14        Director  of  Central  Management   Services,   for   the
15    Department of Central Management Services.
16        Director   of  Children  and  Family  Services,  for  the
17    Department of Children and Family Services.
18        Director of  Commerce  and  Community  Affairs,  for  the
19    Department of Commerce and Community Affairs.
20        Director   of   Corrections,   for   the   Department  of
21    Corrections.
22        Secretary of Education, for the Department of Education.
23        Director of Employment Security, for  the  Department  of
24    Employment Security.
25        Director of Financial Institutions, for the Department of
26    Financial Institutions.
27        Director  of  Human  Rights,  for the Department of Human
28    Rights.
29        Secretary of Human Services, for the Department of  Human
30    Services.
31        Director of Insurance, for the Department of Insurance.
32        Director of Labor, for the Department of Labor.
33        Director  of  the  Lottery,  for  the  Department  of the
 
                            -3-      LRB093 10112 NHT 10363 b
 1    Lottery.
 2        Director of Natural  Resources,  for  the  Department  of
 3    Natural Resources.
 4        Director of Nuclear Safety, for the Department of Nuclear
 5    Safety.
 6        Director  of  Professional Regulation, for the Department
 7    of Professional Regulation.
 8        Director of Public Aid, for the Department of Public Aid.
 9        Director of Public Health, for the Department  of  Public
10    Health.
11        Director of Revenue, for the Department of Revenue.
12        Director  of  State  Police,  for the Department of State
13    Police.
14        Secretary  of  Transportation,  for  the  Department   of
15    Transportation.
16        Director  of  Veterans'  Affairs,  for  the Department of
17    Veterans' Affairs.
18    (Source: P.A. 91-239, eff. 1-1-00.)

19        (20 ILCS 5/5-338 new)
20        Sec.  5-338.  In  the  Department   of   Education.   The
21    Secretary  of Education shall receive an annual salary as set
22    by  the  Governor  from  time  to  time  or  as  set  by  the
23    Compensation Review Board, whichever is greater.

24        Section 10.  The School Code is amended by adding Section
25    1A-0.01 and changing Section 1A-4 as follows:

26        (105 ILCS 5/1A-0.01 new)
27        Sec. 1A-0.01.  Former State Board of Education and  State
28    Superintendent of Education.
29        (a)  On  the effective date of this amendatory Act of the
30    93rd General Assembly, all powers and  duties  of  the  State
31    Board  of Education shall be transferred to the Department of
 
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 1    Education  and  all  powers   and   duties   of   the   State
 2    Superintendent  of  Education  shall  be  transferred  to the
 3    Secretary of Education.
 4        (b)  References in this Code or  any  other  law  to  the
 5    State  Board  of  Education  shall  be deemed to refer to the
 6    Department of Education. References in this Code or any other
 7    law to the State Superintendent of Education shall be  deemed
 8    to refer to the Secretary of Education.
 9        (c)  All  rules, standards, and procedures adopted by the
10    State Board of Education shall  continue  in  effect  as  the
11    rules,   standards,  and  procedures  of  the  Department  of
12    Education, until  they  are  modified  or  abolished  by  the
13    Department.  All  rules, standards, and procedures adopted by
14    the State  Superintendent  of  Education  shall  continue  in
15    effect  as  the  rules,  standards,  and  procedures  of  the
16    Secretary  of Education, until they are modified or abolished
17    by the Secretary.
18        (d)  All books, records, funds, and other property of any
19    kind or nature belonging or in any way  appertaining  to  the
20    State  Board  of Education shall be transferred and paid over
21    to the Department of Education. All  books,  records,  funds,
22    and  other property of any kind or nature belonging or in any
23    way appertaining to the  State  Superintendent  of  Education
24    shall  be  transferred  and  paid  over  to  the Secretary of
25    Education.

26        (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
27        Sec. 1A-4.  Powers and duties of the Board.
28        A.  (Blank). Upon the appointment of new Board members as
29    provided in subsection (b) of Section 1A-1 and every 2  years
30    thereafter, the chairperson of the Board shall be selected by
31    the Governor, with the advice and consent of the Senate, from
32    the  membership  of  the  Board to serve as chairperson for 2
33    years.
 
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 1        B.  (Blank). The Board shall determine the qualifications
 2    of and appoint a chief education officer to be known  as  the
 3    State  Superintendent  of  Education  who  shall serve at the
 4    pleasure of the Board and  pursuant  to  a  performance-based
 5    contract linked to statewide student performance and academic
 6    improvement  within  Illinois  schools.  No performance-based
 7    contract   issued   for   the   employment   of   the   State
 8    Superintendent of Education shall be for a term longer than 3
 9    years and no contract shall be extended or renewed  prior  to
10    its   scheduled   expiration   unless   the  performance  and
11    improvement goals contained in the contract  have  been  met.
12    The  State  Superintendent  of Education shall not serve as a
13    member of the State Board of Education.  The Board shall  set
14    the compensation of the State Superintendent of Education who
15    shall serve as the Board's chief executive officer. The Board
16    shall  also establish the duties, powers and responsibilities
17    of the State Superintendent, which shall be included  in  the
18    State  Superintendent's performance-based contract along with
19    the goals and indicators of student performance and  academic
20    improvement used to measure the performance and effectiveness
21    of the State Superintendent. The State Board of Education may
22    delegate   to  the  State  Superintendent  of  Education  the
23    authority  to  act  on  the  Board's  behalf,  provided  such
24    delegation is made pursuant to adopted board  policy  or  the
25    powers  delegated are ministerial in nature.  The State Board
26    may not delegate authority under this Section  to  the  State
27    Superintendent  to  (1)  nonrecognize  school  districts, (2)
28    withhold State payments as  a  penalty,  or  (3)  make  final
29    decisions under the contested case provisions of the Illinois
30    Administrative  Procedure  Act  unless  otherwise provided by
31    law.
32        C.  The powers and duties of the State Board of Education
33    shall  encompass  all  duties  delegated  to  the  Office  of
34    Superintendent of Public Instruction  on  January  12,  1975,
 
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 1    except  as  the  law  providing for such powers and duties is
 2    thereafter amended, and such other powers and duties  as  the
 3    General   Assembly  shall  designate.   The  Board  shall  be
 4    responsible for the educational policies and  guidelines  for
 5    public  schools,  pre-school  through grade 12 and Vocational
 6    Education in the State of Illinois.  The Board shall  analyze
 7    the  present  and  future  aims,  needs,  and requirements of
 8    education in the State  of  Illinois  and  recommend  to  the
 9    General  Assembly the powers which should be exercised by the
10    Board.   The  Board  shall  recommend  the  passage  and  the
11    legislation   necessary   to   determine   the    appropriate
12    relationship  between the Board and local boards of education
13    and the various State agencies and shall recommend  desirable
14    modifications in the laws which affect schools.
15        D.  Two  members  of  the Board shall be appointed by the
16    chairperson to serve on a standing joint Education Committee,
17    2  others  shall  be  appointed  from  the  Board  of  Higher
18    Education, 2 others shall be appointed by the chairperson  of
19    the  Illinois  Community College Board, and 2 others shall be
20    appointed by the chairperson of the Human Resource Investment
21    Council.  The  Committee  shall  be  responsible  for  making
22    recommendations  concerning  the  submission of any workforce
23    development plan or workforce training  program  required  by
24    federal   law  or  under  any  block  grant  authority.   The
25    Committee  will  be  responsible  for  developing  policy  on
26    matters of mutual concern to elementary, secondary and higher
27    education such as Occupational and Career Education,  Teacher
28    Preparation    and    Certification,   Educational   Finance,
29    Articulation  between  Elementary,   Secondary   and   Higher
30    Education  and  Research  and  Planning.  The joint Education
31    Committee shall  meet at least quarterly and submit an annual
32    report of its findings, conclusions, and  recommendations  to
33    the  State Board of Education, the Board of Higher Education,
34    the Illinois Community  College  Board,  the  Human  Resource
 
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 1    Investment  Council,  the Governor, and the General Assembly.
 2    All meetings of this Committee shall be official meetings for
 3    reimbursement under this Act.
 4        E.  Five members of the Board shall constitute a  quorum.
 5    A  majority  vote  of  the  members  appointed, confirmed and
 6    serving on the Board is required to approve any action.   The
 7    Board  shall  prepare  and submit to the General Assembly and
 8    the Governor on or  before  January  14,  1976  and  annually
 9    thereafter   a   report   or  reports  of  its  findings  and
10    recommendations. Such annual report shall contain a  separate
11    section  which provides a critique and analysis of the status
12    of education in Illinois and which  identifies  its  specific
13    problems  and  recommends  express  solutions therefor.  Such
14    annual report also shall contain  the  following  information
15    for  the  preceding  year  ending  on  June  30:  each act or
16    omission of a school district of which  the  State  Board  of
17    Education  has  knowledge  as  a  consequence  of  scheduled,
18    approved  visits  and  which  constituted  a  failure  by the
19    district to comply with applicable State or federal  laws  or
20    regulations  relating  to  public education, the name of such
21    district, the date or dates  on  which  the  State  Board  of
22    Education  notified  the  school  district  of  such  act  or
23    omission,  and  what action, if any, the school district took
24    with respect thereto after  being  notified  thereof  by  the
25    State  Board  of Education. The report shall also include the
26    statewide high school dropout rate by grade  level,  sex  and
27    race and the annual student dropout rate of and the number of
28    students  who graduate from, transfer from or otherwise leave
29    bilingual  programs.   The  Auditor  General  shall  annually
30    perform a compliance audit of the State Board of  Education's
31    performance  of the reporting duty imposed by this amendatory
32    Act of 1986. A regular system  of  communication  with  other
33    directly related State agencies shall be implemented.
34        The  requirement  for  reporting  to the General Assembly
 
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 1    shall be satisfied by filing copies of the  report  with  the
 2    Speaker,  the  Minority  Leader and the Clerk of the House of
 3    Representatives and the President, the  Minority  Leader  and
 4    the  Secretary  of the Senate and the Legislative Council, as
 5    required by Section 3.1 of the General Assembly  Organization
 6    Act,  and  filing  such  additional  copies  with  the  State
 7    Government   Report   Distribution  Center  for  the  General
 8    Assembly as is required under paragraph (t) of Section  7  of
 9    the State Library Act.
10    (Source:  P.A.  89-430,  eff.  12-15-95; 89-610, eff. 8-6-96;
11    89-698, eff. 1-14-97; 90-548, eff. 1-1-98.)

12        (105 ILCS 5/1A-1 rep.)
13        (105 ILCS 5/1A-2 rep.)
14        (105 ILCS 5/1A-2.1 rep.)
15        Section 15. The  School  Code  is  amended  by  repealing
16    Sections 1A-1, 1A-2, and 1A-2.1.