Full Text of HB2005 94th General Assembly
HB2005ham001 94TH GENERAL ASSEMBLY
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Rep. Linda Chapa LaVia
Filed: 4/13/2005
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| AMENDMENT TO HOUSE BILL 2005
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| AMENDMENT NO. ______. Amend House Bill 2005 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The School Code is amended by changing Section | 5 |
| 1A-4 as follows:
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| (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
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| Sec. 1A-4. Powers and duties of the Board.
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| A. (Blank).
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| 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 | 17 |
| this amendatory Act of the 93rd General Assembly, a State | 18 |
| Superintendent of Education shall be appointed by a State Board | 19 |
| of Education that includes the 7 new Board members who were | 20 |
| appointed to fill seats of members whose terms were terminated | 21 |
| on the effective date of this amendatory Act of the 93rd | 22 |
| General Assembly. Thereafter, a State Superintendent of | 23 |
| Education must, at a minimum, be appointed at the beginning of | 24 |
| each term of a Governor after that Governor has made |
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| appointments to the Board. A performance-based
contract issued | 2 |
| for the employment of a State Superintendent of
Education | 3 |
| entered into on or after the effective date of this amendatory | 4 |
| Act of the 93rd General Assembly must expire no later than | 5 |
| February 1, 2007, and subsequent contracts must expire no later | 6 |
| than February 1 each 4 years thereafter. No contract
shall be
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| extended or renewed beyond February 1, 2007 and February 1 each | 8 |
| 4 years thereafter, but a State Superintendent of Education | 9 |
| shall serve until his or her successor is appointed. Each | 10 |
| contract entered into on or before January 8, 2007 with a State | 11 |
| Superintendent of Education must provide that the State Board | 12 |
| of Education may terminate the contract for cause, and the | 13 |
| State Board of Education shall not thereafter be liable for | 14 |
| further payments under the contract. With regard to this | 15 |
| amendatory Act of the 93rd General Assembly, it is the intent | 16 |
| of the General Assembly that, beginning with the Governor who | 17 |
| takes office on the second Monday of January, 2007, a State | 18 |
| Superintendent of Education be appointed at the beginning of | 19 |
| each term of a Governor after that Governor has made | 20 |
| appointments to the Board. The State
Superintendent of | 21 |
| Education shall not serve as a member of the State
Board of | 22 |
| Education. The Board shall set the compensation of the State
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| Superintendent of Education who shall serve as the Board's | 24 |
| chief
executive officer. The Board shall also establish the | 25 |
| duties, powers and
responsibilities of the State | 26 |
| Superintendent, which shall be included in the
State | 27 |
| Superintendent's performance-based contract along with the | 28 |
| goals and
indicators of student performance and academic | 29 |
| improvement used to measure the
performance and effectiveness | 30 |
| of the State Superintendent.
The State Board of Education may | 31 |
| delegate
to the State Superintendent of Education the authority | 32 |
| to act on the Board's
behalf, provided such delegation is made | 33 |
| pursuant to adopted board policy
or the powers delegated are | 34 |
| ministerial in nature. The State Board may
not delegate |
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| authority under this Section to the State Superintendent to
(1) | 2 |
| nonrecognize school districts, (2) withhold State payments as a | 3 |
| penalty,
or (3) make final decisions under the contested case | 4 |
| provisions of the Illinois
Administrative Procedure Act unless | 5 |
| otherwise provided by law.
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| C. The powers and duties of the State Board of Education | 7 |
| shall encompass all
duties delegated to the Office of | 8 |
| Superintendent of Public Instruction on
January 12, 1975, | 9 |
| except as the law providing for such powers and duties is
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| thereafter amended, and such other powers and duties as the | 11 |
| General Assembly
shall designate. The Board shall be | 12 |
| responsible for the educational policies
and guidelines for | 13 |
| public schools, pre-school through grade
12 and Vocational | 14 |
| Education in the State of Illinois. The Board shall
analyze the | 15 |
| present and future aims, needs, and requirements of
education | 16 |
| in the State of Illinois and recommend to the General Assembly
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| the powers which should be exercised by the Board. The Board | 18 |
| shall
recommend the passage and the legislation necessary to | 19 |
| determine the
appropriate relationship between the Board and | 20 |
| local boards of education
and the various State agencies and | 21 |
| shall recommend desirable
modifications in the laws which | 22 |
| affect schools.
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| D. Two members of the Board shall be appointed by the | 24 |
| chairperson
to serve on a standing joint Education Committee, 2 | 25 |
| others shall be
appointed from the Board of Higher Education, 2
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| others shall be appointed by the chairperson of the
Illinois | 27 |
| Community College Board, and 2 others shall be appointed by the
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| chairperson of the Human Resource Investment Council. The chief | 29 |
| administrative officer of the Illinois Mathematics and Science | 30 |
| Academy shall also be a member of the Committee. The
Committee | 31 |
| shall be
responsible for making recommendations concerning the | 32 |
| submission of any
workforce development plan or workforce | 33 |
| training program required by federal
law or under any block | 34 |
| grant authority. The Committee will be
responsible for |
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| developing policy on matters of mutual concern to
elementary, | 2 |
| secondary and higher education such as Occupational and
Career | 3 |
| Education, Teacher Preparation and Certification, Educational
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| Finance, Articulation between Elementary, Secondary and Higher | 5 |
| Education
and Research and Planning. The joint Education | 6 |
| Committee shall meet at
least quarterly and submit an annual | 7 |
| report of its findings,
conclusions, and recommendations to the | 8 |
| State Board of Education, the Board of
Higher Education, the | 9 |
| Illinois Community College Board,
the Human Resource | 10 |
| Investment Council, the Governor, and the
General
Assembly. All | 11 |
| meetings of this Committee shall be official meetings for
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| reimbursement under this Act.
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| E. Five members of the Board shall constitute a quorum. A
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| majority
vote of the members appointed, confirmed and serving | 15 |
| on the Board is
required to approve any action, except that the | 16 |
| 7 new Board members who were appointed to fill seats of members | 17 |
| whose terms were terminated on the effective date of this | 18 |
| amendatory act of the 93rd General Assembly may vote to approve | 19 |
| actions when appointed and serving.
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| The Board shall prepare and submit to the General Assembly | 21 |
| and the
Governor on or before January 14, 1976 and annually | 22 |
| thereafter a report
or reports of its findings and | 23 |
| recommendations. Such annual report shall
contain a separate | 24 |
| section which provides a critique and analysis of the
status of | 25 |
| education in Illinois and which identifies its specific | 26 |
| problems
and recommends express solutions therefor.
Such | 27 |
| annual report also shall contain the following information for | 28 |
| the
preceding year ending on June 30: each act or omission of a | 29 |
| school district
of which the State Board of Education has | 30 |
| knowledge as a consequence of
scheduled, approved visits and | 31 |
| which constituted a
failure by the district to comply with | 32 |
| applicable State or federal laws or
regulations relating to | 33 |
| public education, the name of such district, the date
or dates | 34 |
| on which the State Board of Education notified the school |
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| district of
such act or omission, and what action, if any, the | 2 |
| school district took with
respect thereto after being notified | 3 |
| thereof by the State Board of Education.
The report shall also | 4 |
| include the statewide high school dropout rate by
grade level, | 5 |
| sex and race and the annual student dropout rate of and the
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| number of students who graduate from, transfer from or | 7 |
| otherwise leave
bilingual programs. The Auditor General shall | 8 |
| annually perform a
compliance audit of the State Board of | 9 |
| Education's performance of the
reporting duty imposed by this | 10 |
| amendatory Act of 1986. A regular system of
communication with | 11 |
| other directly related State agencies shall be
implemented.
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| The requirement for reporting to the General Assembly shall | 13 |
| be satisfied
by filing copies of the report with the Speaker, | 14 |
| the Minority Leader and
the Clerk of the House of | 15 |
| Representatives and the President, the Minority
Leader and the | 16 |
| Secretary of the Senate and the Legislative Council, as | 17 |
| required
by Section 3.1 of the General
Assembly Organization | 18 |
| Act, and
filing such additional
copies with the State | 19 |
| Government Report Distribution Center for the General
Assembly | 20 |
| as is required under paragraph (t) of Section 7 of the State | 21 |
| Library
Act.
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| F. Upon appointment of the 7 new Board members who were | 23 |
| appointed to fill seats of members whose terms were terminated | 24 |
| on the effective date of this amendatory Act of the 93rd | 25 |
| General Assembly, the Board shall review all of its current | 26 |
| rules in an effort to streamline procedures, improve | 27 |
| efficiency, and eliminate unnecessary forms and paperwork.
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| (Source: P.A. 93-1036, eff. 9-14-04.)".
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