Illinois General Assembly - Full Text of HB5039
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Full Text of HB5039  102nd General Assembly

HB5039 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5039

 

Introduced 1/27/2022, by Rep. Janet Yang Rohr

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/1A-1  from Ch. 122, par. 1A-1
105 ILCS 5/1A-2  from Ch. 122, par. 1A-2
105 ILCS 5/1A-4  from Ch. 122, par. 1A-4

    Amends the State Board of Education Article of the School Code. Provides for the appointment of 2 nonvoting student members to the State Board of Education, selected from students who have served on the State Board of Education's Student Advisory Council, to serve for a one year term. Makes related changes. Effective immediately.


LRB102 22170 CMG 31299 b

 

 

A BILL FOR

 

HB5039LRB102 22170 CMG 31299 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
51A-1, 1A-2, 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).
9    (b) The State Board of Education shall consist of 10 8
10members and a chairperson, who shall be appointed by the
11Governor with the advice and consent of the Senate from a
12pattern of regional representation as follows: 2 appointees
13shall be selected from among those counties of the State other
14than Cook County and the 5 counties contiguous to Cook County,
15one of whom must represent the educator community; 2
16appointees shall be selected from Cook County, one of whom
17shall be a resident of the City of Chicago and one of whom
18shall be a resident of that part of Cook County which lies
19outside the city limits of Chicago and of whom one must
20represent the educator community; 2 appointees shall be
21selected from among the 5 counties of the State that are
22contiguous to Cook County, one of whom must represent the
23educator community; and 3 members shall be selected as

 

 

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1members-at-large (one of which shall be the chairperson); and
22 nonvoting student members shall be selected from students
3who have served on the State Board of Education's Student
4Advisory Council. With respect to the educator community
5appointments, no more than one member may be employed as a
6district superintendent, principal, school business official,
7or teacher and no more than one may be employed by the same
8school district or school. The changes made to this Section by
9this amendatory Act of the 100th General Assembly apply to
10appointments made after the effective date of this amendatory
11Act of the 100th General Assembly. The Governor who takes
12office on the second Monday of January after his or her
13election shall be the person who nominates members to fill
14vacancies whose terms begin after that date and before the
15term of the next Governor begins.
16    The term of each member of the State Board of Education
17whose term expires on January 12, 2005 shall instead terminate
18on the effective date of this amendatory Act of the 93rd
19General Assembly. Of these 3 seats, (i) the member initially
20appointed pursuant to this amendatory Act of the 93rd General
21Assembly whose seat was vacant on April 27, 2004 shall serve
22until the second Wednesday of January, 2009 and (ii) the other
232 members initially appointed pursuant to this amendatory Act
24of the 93rd General Assembly shall serve until the second
25Wednesday of January, 2007.
26    The term of the member of the State Board of Education

 

 

HB5039- 3 -LRB102 22170 CMG 31299 b

1whose seat was vacant on April 27, 2004 and whose term expires
2on January 10, 2007 shall instead terminate on the effective
3date of this amendatory Act of the 93rd General Assembly. The
4member initially appointed pursuant to this amendatory Act of
5the 93rd General Assembly to fill this seat shall be the
6chairperson and shall serve until the second Wednesday of
7January, 2007.
8    The term of the member of the State Board of Education
9whose seat was vacant on May 28, 2004 but after April 27, 2004
10and whose term expires on January 10, 2007 shall instead
11terminate on the effective date of this amendatory Act of the
1293rd General Assembly. The member initially appointed pursuant
13to this amendatory Act of the 93rd General Assembly to fill
14this seat shall serve until the second Wednesday of January,
152007.
16    The term of the other member of the State Board of
17Education whose term expires on January 10, 2007 shall instead
18terminate on the effective date of this amendatory Act of the
1993rd General Assembly. The member initially appointed pursuant
20to this amendatory Act of the 93rd General Assembly to fill
21this seat shall serve until the second Wednesday of January,
222007.
23    The term of the member of the State Board of Education
24whose term expires on January 14, 2009 and who was selected
25from among the 5 counties of the State that are contiguous to
26Cook County and is a resident of Lake County shall instead

 

 

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1terminate on the effective date of this amendatory Act of the
293rd General Assembly. The member initially appointed pursuant
3to this amendatory Act of the 93rd General Assembly to fill
4this seat shall serve until the second Wednesday of January,
52009.
6    Upon expiration of the terms of the members initially
7appointed under this amendatory Act of the 93rd General
8Assembly and members whose terms were not terminated by this
9amendatory Act of the 93rd General Assembly, their respective
10successors shall be appointed for terms of 4 years, from the
11second Wednesday in January of each odd numbered year and
12until their respective successors are appointed and qualified.
13    (c) Of the 4 members, excluding the chairperson, whose
14terms expire on the second Wednesday of January, 2007 and
15every 4 years thereafter, one of those members must be an
16at-large member and at no time may more than 2 of those members
17be from one political party. Of the 4 members whose terms
18expire on the second Wednesday of January, 2009 and every 4
19years thereafter, one of those members must be an at-large
20member and at no time may more than 2 of those members be from
21one political party. Party membership is defined as having
22voted in the primary of the party in the last primary before
23appointment.
24    (c-5) The 2 additional student members appointed under
25this amendatory Act of the 102nd General Assembly shall be
26appointed for a term to expire on the second Wednesday in

 

 

HB5039- 5 -LRB102 22170 CMG 31299 b

1January, 2023, and their respective successors shall be
2appointed for terms of one year, from the second Wednesday in
3January of each year and until their respective successors are
4appointed and qualified.
5    (d) Vacancies in terms shall be filled by appointment by
6the Governor with the advice and consent of the Senate for the
7extent of the unexpired term. If a vacancy in membership
8occurs at a time when the Senate is not in session, the
9Governor shall make a temporary appointment until the next
10meeting of the Senate, when the Governor shall appoint a
11person to fill that membership for the remainder of its term.
12If the Senate is not in session when appointments for a full
13term are made, the appointments shall be made as in the case of
14vacancies.
15(Source: P.A. 100-1135, eff. 11-28-18.)
 
16    (105 ILCS 5/1A-2)  (from Ch. 122, par. 1A-2)
17    Sec. 1A-2. Qualifications. The members of the State Board
18of Education shall be citizens of the United States and
19residents of the State of Illinois and shall be selected as far
20as may be practicable on the basis of their knowledge of, or
21interest and experience in, problems of public education. No
22member of the State Board of Education shall benefit from
23funds provided by the State Board of Education to an
24institution of higher learning, public or private, within
25Illinois, nor shall members be school trustees of a public or

 

 

HB5039- 6 -LRB102 22170 CMG 31299 b

1nonpublic college, university or technical institution within
2Illinois. No member shall be appointed to more than 2 4-year
3terms, except that a student member shall be appointed to no
4more than one one-year term. Members shall be reimbursed for
5all ordinary and necessary expenses incurred in performing
6their duties as members of the Board. Expenses shall be
7approved by the Board and be consistent with the laws,
8policies, and requirements of the State of Illinois regarding
9such expenditures, plus any member may include in his or her
10claim for expenses $50 per day for meeting days.
11(Source: P.A. 100-1135, eff. 11-28-18.)
 
12    (105 ILCS 5/1A-4)  (from Ch. 122, par. 1A-4)
13    Sec. 1A-4. Powers and duties of the Board.
14    A. (Blank).
15    B. The Board shall determine the qualifications of and
16appoint a chief education officer, to be known as the State
17Superintendent of Education, who may be proposed by the
18Governor and who shall serve at the pleasure of the Board and
19pursuant to a performance-based contract linked to statewide
20student performance and academic improvement within Illinois
21schools. Upon expiration or buyout of the contract of the
22State Superintendent of Education in office on the effective
23date of this amendatory Act of the 93rd General Assembly, a
24State Superintendent of Education shall be appointed by a
25State Board of Education that includes the 7 new Board members

 

 

HB5039- 7 -LRB102 22170 CMG 31299 b

1who were appointed to fill seats of members whose terms were
2terminated on the effective date of this amendatory Act of the
393rd General Assembly. Thereafter, a State Superintendent of
4Education must, at a minimum, be appointed at the beginning of
5each term of a Governor after that Governor has made
6appointments to the Board. A performance-based contract issued
7for the employment of a State Superintendent of Education
8entered into on or after the effective date of this amendatory
9Act of the 93rd General Assembly must expire no later than
10February 1, 2007, and subsequent contracts must expire no
11later than February 1 each 4 years thereafter. No contract
12shall be extended or renewed beyond February 1, 2007 and
13February 1 each 4 years thereafter, but a State Superintendent
14of Education shall serve until his or her successor is
15appointed. Each contract entered into on or before January 8,
162007 with a State Superintendent of Education must provide
17that the State Board of Education may terminate the contract
18for cause, and the State Board of Education shall not
19thereafter be liable for further payments under the contract.
20With regard to this amendatory Act of the 93rd General
21Assembly, it is the intent of the General Assembly that,
22beginning with the Governor who takes office on the second
23Monday of January, 2007, a State Superintendent of Education
24be appointed at the beginning of each term of a Governor after
25that Governor has made appointments to the Board. The State
26Superintendent of Education shall not serve as a member of the

 

 

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1State Board of Education. The Board shall set the compensation
2of the State Superintendent of Education who shall serve as
3the Board's chief executive officer. The Board shall also
4establish the duties, powers and responsibilities of the State
5Superintendent, which shall be included in the State
6Superintendent's performance-based contract along with the
7goals and indicators of student performance and academic
8improvement used to measure the performance and effectiveness
9of the State Superintendent. The State Board of Education may
10delegate to the State Superintendent of Education the
11authority to act on the Board's behalf, provided such
12delegation is made pursuant to adopted board policy or the
13powers delegated are ministerial in nature. The State Board
14may not delegate authority under this Section to the State
15Superintendent to (1) nonrecognize school districts, (2)
16withhold State payments as a penalty, or (3) make final
17decisions under the contested case provisions of the Illinois
18Administrative Procedure Act unless otherwise provided by law.
19    C. The powers and duties of the State Board of Education
20shall encompass all duties delegated to the Office of
21Superintendent of Public Instruction on January 12, 1975,
22except as the law providing for such powers and duties is
23thereafter amended, and such other powers and duties as the
24General Assembly shall designate. The Board shall be
25responsible for the educational policies and guidelines for
26public schools, pre-school through grade 12 and Vocational

 

 

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1Education in the State of Illinois. The Board shall analyze
2the present and future aims, needs, and requirements of
3education in the State of Illinois and recommend to the
4General Assembly the powers which should be exercised by the
5Board. The Board shall recommend the passage and the
6legislation necessary to determine the appropriate
7relationship between the Board and local boards of education
8and the various State agencies and shall recommend desirable
9modifications in the laws which affect schools.
10    D. Two members of the Board shall be appointed by the
11chairperson to serve on a standing joint Education Committee,
122 others shall be appointed from the Board of Higher
13Education, 2 others shall be appointed by the chairperson of
14the Illinois Community College Board, and 2 others shall be
15appointed by the chairperson of the Human Resource Investment
16Council. The Committee shall be responsible for making
17recommendations concerning the submission of any workforce
18development plan or workforce training program required by
19federal law or under any block grant authority. The Committee
20will be responsible for developing policy on matters of mutual
21concern to elementary, secondary and higher education such as
22Occupational and Career Education, Teacher Preparation and
23Certification, Educational Finance, Articulation between
24Elementary, Secondary and Higher Education and Research and
25Planning. The joint Education Committee shall meet at least
26quarterly and submit an annual report of its findings,

 

 

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1conclusions, and recommendations to the State Board of
2Education, the Board of Higher Education, the Illinois
3Community College Board, the Human Resource Investment
4Council, the Governor, and the General Assembly. All meetings
5of this Committee shall be official meetings for reimbursement
6under this Act. On the effective date of this amendatory Act of
7the 95th General Assembly, the Joint Education Committee is
8abolished.
9    E. Six Five members of the Board shall constitute a
10quorum. A majority vote of the members appointed, confirmed
11and serving on the Board is required to approve any action,
12except that the 7 new Board members who were appointed to fill
13seats of members whose terms were terminated on the effective
14date of this amendatory act of the 93rd General Assembly may
15vote to approve actions when appointed and serving.
16    Using the most recently available data, the Board shall
17prepare and submit to the General Assembly and the Governor on
18or before January 14, 1976 and annually thereafter a report or
19reports of its findings and recommendations. Such annual
20report shall contain a separate section which provides a
21critique and analysis of the status of education in Illinois
22and which identifies its specific problems and recommends
23express solutions therefor. Such annual report also shall
24contain the following information for the preceding year
25ending on June 30: each act or omission of a school district of
26which the State Board of Education has knowledge as a

 

 

HB5039- 11 -LRB102 22170 CMG 31299 b

1consequence of scheduled, approved visits and which
2constituted a failure by the district to comply with
3applicable State or federal laws or regulations relating to
4public education, the name of such district, the date or dates
5on which the State Board of Education notified the school
6district of such act or omission, and what action, if any, the
7school district took with respect thereto after being notified
8thereof by the State Board of Education. The report shall also
9include the statewide high school dropout rate by grade level,
10sex and race and the annual student dropout rate of and the
11number of students who graduate from, transfer from or
12otherwise leave bilingual programs. The Auditor General shall
13annually perform a compliance audit of the State Board of
14Education's performance of the reporting duty imposed by this
15amendatory Act of 1986. A regular system of communication with
16other directly related State agencies shall be implemented.
17    The requirement for reporting to the General Assembly
18shall be satisfied by filing copies of the report with the
19Speaker, the Minority Leader and the Clerk of the House of
20Representatives and the President, the Minority Leader and the
21Secretary of the Senate and the Legislative Council, as
22required by Section 3.1 of the General Assembly Organization
23Act, and filing such additional copies with the State
24Government Report Distribution Center for the General Assembly
25as is required under paragraph (t) of Section 7 of the State
26Library Act.

 

 

HB5039- 12 -LRB102 22170 CMG 31299 b

1    F. Upon appointment of the 7 new Board members who were
2appointed to fill seats of members whose terms were terminated
3on the effective date of this amendatory Act of the 93rd
4General Assembly, the Board shall review all of its current
5rules in an effort to streamline procedures, improve
6efficiency, and eliminate unnecessary forms and paperwork.
7(Source: P.A. 95-626, eff. 6-1-08; 95-793, eff. 1-1-09.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.