Illinois General Assembly - Full Text of SB0992
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Full Text of SB0992  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 2/2/2023, by Sen. John F. Curran


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.

LRB103 05411 RJT 50430 b





SB0992LRB103 05411 RJT 50430 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 Section
51A-4 as follows:
6    (105 ILCS 5/1A-4)  (from Ch. 122, par. 1A-4)
7    Sec. 1A-4. Powers and duties of the Board.
8    A. (Blank).
9    B. The The Board shall determine the qualifications of and
10appoint a chief education officer, to be known as the State
11Superintendent of Education, who may be proposed by the
12Governor and who shall serve at the pleasure of the Board and
13pursuant to a performance-based contract linked to statewide
14student performance and academic improvement within Illinois
15schools. Upon expiration or buyout of the contract of the
16State Superintendent of Education in office on the effective
17date of this amendatory Act of the 93rd General Assembly, a
18State Superintendent of Education shall be appointed by a
19State Board of Education that includes the 7 new Board members
20who were appointed to fill seats of members whose terms were
21terminated on the effective date of this amendatory Act of the
2293rd General Assembly. Thereafter, a State Superintendent of
23Education must, at a minimum, be appointed at the beginning of



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1each term of a Governor after that Governor has made
2appointments to the Board. A performance-based contract issued
3for the employment of a State Superintendent of Education
4entered into on or after the effective date of this amendatory
5Act of the 93rd General Assembly must expire no later than
6February 1, 2007, and subsequent contracts must expire no
7later than February 1 each 4 years thereafter. No contract
8shall be extended or renewed beyond February 1, 2007 and
9February 1 each 4 years thereafter, but a State Superintendent
10of Education shall serve until his or her successor is
11appointed. Each contract entered into on or before January 8,
122007 with a State Superintendent of Education must provide
13that the State Board of Education may terminate the contract
14for cause, and the State Board of Education shall not
15thereafter be liable for further payments under the contract.
16With regard to this amendatory Act of the 93rd General
17Assembly, it is the intent of the General Assembly that,
18beginning with the Governor who takes office on the second
19Monday of January, 2007, a State Superintendent of Education
20be appointed at the beginning of each term of a Governor after
21that Governor has made appointments to the Board. The State
22Superintendent of Education shall not serve as a member of the
23State Board of Education. The Board shall set the compensation
24of the State Superintendent of Education who shall serve as
25the Board's chief executive officer. The Board shall also
26establish the duties, powers and responsibilities of the State



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



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1Board. The Board shall recommend the passage and the
2legislation necessary to determine the appropriate
3relationship between the Board and local boards of education
4and the various State agencies and shall recommend desirable
5modifications in the laws which affect schools.
6    D. Two members of the Board shall be appointed by the
7chairperson to serve on a standing joint Education Committee,
82 others shall be appointed from the Board of Higher
9Education, 2 others shall be appointed by the chairperson of
10the Illinois Community College Board, and 2 others shall be
11appointed by the chairperson of the Human Resource Investment
12Council. The Committee shall be responsible for making
13recommendations concerning the submission of any workforce
14development plan or workforce training program required by
15federal law or under any block grant authority. The Committee
16will be responsible for developing policy on matters of mutual
17concern to elementary, secondary and higher education such as
18Occupational and Career Education, Teacher Preparation and
19Licensure, Educational Finance, Articulation between
20Elementary, Secondary and Higher Education and Research and
21Planning. The joint Education Committee shall meet at least
22quarterly and submit an annual report of its findings,
23conclusions, and recommendations to the State Board of
24Education, the Board of Higher Education, the Illinois
25Community College Board, the Human Resource Investment
26Council, the Governor, and the General Assembly. All meetings



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1of this Committee shall be official meetings for reimbursement
2under this Act. On the effective date of this amendatory Act of
3the 95th General Assembly, the Joint Education Committee is
5    E. Five members of the Board shall constitute a quorum. A
6majority vote of the members appointed, confirmed and serving
7on the Board is required to approve any action, except that the
87 new Board members who were appointed to fill seats of members
9whose terms were terminated on the effective date of this
10amendatory act of the 93rd General Assembly may vote to
11approve actions when appointed and serving.
12    F. Upon appointment of the 7 new Board members who were
13appointed to fill seats of members whose terms were terminated
14on the effective date of this amendatory Act of the 93rd
15General Assembly, the Board shall review all of its current
16rules in an effort to streamline procedures, improve
17efficiency, and eliminate unnecessary forms and paperwork.
18(Source: P.A. 102-894, eff. 5-20-22.)