Full Text of SB2266 93rd General Assembly
SB2266 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2266
Introduced 1/15/2004, by Bill Brady SYNOPSIS AS INTRODUCED: |
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20 ILCS 5/5-15 |
was 20 ILCS 5/3 |
20 ILCS 5/5-20 |
was 20 ILCS 5/4 |
20 ILCS 5/5-338 new |
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105 ILCS 5/1A-0.01 new |
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105 ILCS 5/1A-4 |
from Ch. 122, par. 1A-4 |
105 ILCS 5/1A-1 rep. |
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105 ILCS 5/1A-2 rep. |
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105 ILCS 5/1A-2.1 rep. |
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Amends the Civil Administrative Code of Illinois and the School
Code. Creates the Department of Education, with a Secretary of
Education as its head, to replace the State Board of Education and State
Superintendent of Education.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2266 |
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LRB093 18531 NHT 44251 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| 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:
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| (20 ILCS 5/5-15) (was 20 ILCS 5/3)
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| Sec. 5-15. Departments of State government. The | 9 |
| Departments of
State government are created as follows:
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| The Department on Aging.
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| The Department of Agriculture.
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| The Department of Central Management Services.
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| The Department of Children and Family Services.
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| The Department of Commerce and Economic Opportunity.
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| The Department of Corrections.
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| The Department of Education.
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| The Department of Employment Security.
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| The Department of Financial Institutions.
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| The Department of Human Rights.
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| The Department of Human Services.
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| The Department of Insurance.
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| The Department of Labor.
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| The Department of the Lottery.
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| The Department of Natural Resources.
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| The Department of Nuclear Safety.
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| The Department of Professional Regulation.
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| The Department of Public Aid.
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| The Department of Public Health.
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| The Department of Revenue.
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| The Department of State Police.
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| The Department of Transportation.
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| The Department of Veterans' Affairs.
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LRB093 18531 NHT 44251 b |
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| (Source: P.A. 93-25, eff. 6-20-03.)
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| (20 ILCS 5/5-20) (was 20 ILCS 5/4)
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| Sec. 5-20. Heads of departments. Each department shall have | 4 |
| an
officer as its head who shall
be known as director or | 5 |
| secretary and who shall, subject to the
provisions of the Civil | 6 |
| Administrative Code of Illinois,
execute the powers and | 7 |
| discharge the duties
vested by law in his or her respective | 8 |
| department.
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| The following officers are hereby created:
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| Director of Aging, for the Department on Aging.
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| Director of Agriculture, for the Department of | 12 |
| Agriculture.
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| Director of Central Management Services, for the | 14 |
| Department of Central
Management Services.
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| Director of Children and Family Services, for the | 16 |
| Department of Children and
Family Services.
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| Director of Commerce and Economic Opportunity, for
the | 18 |
| Department of Commerce
and Economic Opportunity.
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| Director of Corrections, for the Department of | 20 |
| Corrections.
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| Secretary of Education, for the Department of Education.
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| Director of Employment Security, for the Department of | 23 |
| Employment Security.
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| Director of Financial Institutions, for the Department of | 25 |
| Financial
Institutions.
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| Director of Human Rights, for the Department of Human | 27 |
| Rights.
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| Secretary of Human Services, for the Department of Human | 29 |
| Services.
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| Director of Insurance, for the Department of Insurance.
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| Director of Labor, for the Department of Labor.
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| Director of the Lottery, for the Department of the Lottery.
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| Director of Natural Resources, for the Department of | 34 |
| Natural Resources.
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| Director of Nuclear Safety, for the Department of Nuclear |
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LRB093 18531 NHT 44251 b |
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| Safety.
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| Director of Professional Regulation, for the Department of | 3 |
| Professional
Regulation.
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| Director of Public Aid, for the Department of Public Aid.
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| Director of Public Health, for the Department of Public | 6 |
| Health.
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| Director of Revenue, for the Department of Revenue.
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| Director of State Police, for the Department of State | 9 |
| Police.
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| Secretary of Transportation, for the Department of | 11 |
| Transportation.
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| Director of Veterans' Affairs, for the Department of | 13 |
| Veterans' Affairs.
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| (Source: P.A. 93-25, eff. 6-20-03.)
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| (20 ILCS 5/5-338 new)
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| Sec. 5-338. In the Department of Education. The Secretary | 17 |
| of
Education shall receive an annual salary as set by the | 18 |
| Governor from
time to time or as set by the Compensation Review | 19 |
| Board, whichever is
greater.
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| Section 10. The School Code is amended by adding Section | 21 |
| 1A-0.01 and
changing
Section 1A-4 as follows:
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| (105 ILCS 5/1A-0.01 new)
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| Sec. 1A-0.01. Former State Board of Education and State
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| Superintendent of Education.
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| (a) On the effective date of this amendatory Act of the | 26 |
| 93rd
General Assembly, all powers and duties of the State Board | 27 |
| of Education
shall be transferred to the Department of | 28 |
| Education and all powers and
duties of the State Superintendent | 29 |
| of Education shall be transferred to
the Secretary of | 30 |
| Education.
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| (b) References in this Code or any other law to the State | 32 |
| Board of
Education shall be deemed to refer to the Department | 33 |
| of Education.
References in this Code or any other law to the |
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| State Superintendent of
Education shall be deemed to refer to | 2 |
| the Secretary of Education.
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| (c) All rules, standards, and procedures adopted by the | 4 |
| State
Board of Education shall continue in effect as the rules, | 5 |
| standards, and
procedures of the Department of Education, until | 6 |
| they are modified or
abolished by the Department. All rules, | 7 |
| standards, and procedures
adopted by the State Superintendent | 8 |
| of Education shall continue in
effect as the rules, standards, | 9 |
| and procedures of the Secretary of
Education, until they are | 10 |
| modified or abolished by the Secretary.
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| (d) All books, records, funds, and other property of any | 12 |
| kind or
nature belonging or in any way appertaining to the | 13 |
| State Board of
Education shall be transferred and paid over to | 14 |
| the Department of
Education. All books, records, funds, and | 15 |
| other property of any kind or
nature belonging or in any way | 16 |
| appertaining to the State Superintendent
of Education shall be | 17 |
| transferred and paid over to the Secretary of
Education.
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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).
Upon the appointment of new Board members as | 21 |
| provided in
subsection (b)
of
Section 1A-1 and every 2 years | 22 |
| thereafter, the chairperson of the Board shall
be selected by | 23 |
| the
Governor, with the advice and consent of the Senate, from | 24 |
| the membership of the
Board to serve as chairperson for 2 | 25 |
| years.
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| B. (Blank).
The Board shall determine the qualifications of | 27 |
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appoint a
chief education officer to be known as the State | 28 |
| Superintendent of
Education who shall serve at the pleasure of | 29 |
| the Board and pursuant to a
performance-based contract linked | 30 |
| to statewide student performance and academic
improvement | 31 |
| within Illinois schools. No performance-based
contract issued | 32 |
| for the employment of the State Superintendent of
Education | 33 |
| shall be for a term longer than 3 years and no contract
shall | 34 |
| be
extended or renewed prior to its scheduled expiration unless | 35 |
| the performance
and improvement goals contained in the contract |
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| have been met. The State
Superintendent of Education shall not | 2 |
| serve as a member of the State
Board of Education. The Board | 3 |
| shall set the compensation of the State
Superintendent of | 4 |
| Education who shall serve as the Board's chief
executive | 5 |
| officer. The Board shall also establish the duties, powers and
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| responsibilities of the State Superintendent, which shall be | 7 |
| included in the
State Superintendent's performance-based | 8 |
| contract along with the goals and
indicators of student | 9 |
| performance and academic improvement used to measure the
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| performance and effectiveness of the State Superintendent.
The | 11 |
| State Board of Education may delegate
to the State | 12 |
| Superintendent of Education the authority to act on the Board's
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| behalf, provided such delegation is made pursuant to adopted | 14 |
| board policy
or the powers delegated are ministerial in nature. | 15 |
| The State Board may
not delegate authority under this Section | 16 |
| to the State Superintendent to
(1) nonrecognize school | 17 |
| districts, (2) withhold State payments as a penalty,
or (3) | 18 |
| make final decisions under the contested case provisions of the | 19 |
| Illinois
Administrative Procedure Act unless otherwise | 20 |
| provided by law.
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| C. The powers and duties of the State Board of Education | 22 |
| shall encompass all
duties delegated to the Office of | 23 |
| Superintendent of Public Instruction on
January 12, 1975, | 24 |
| 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 | 26 |
| General Assembly
shall designate. The Board shall be | 27 |
| responsible for the educational policies
and guidelines for | 28 |
| public schools, pre-school through grade
12 and Vocational | 29 |
| Education in the State of Illinois. The Board shall
analyze the | 30 |
| present and future aims, needs, and requirements of
education | 31 |
| 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 | 33 |
| shall
recommend the passage and the legislation necessary to | 34 |
| determine the
appropriate relationship between the Board and | 35 |
| local boards of education
and the various State agencies and | 36 |
| shall recommend desirable
modifications in the laws which |
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| affect schools.
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| D. Two members of the Board shall be appointed by the | 3 |
| chairperson
to serve on a standing joint Education Committee, 2 | 4 |
| 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 | 6 |
| Community College Board, and 2 others shall be appointed by the
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| chairperson of the Human Resource Investment Council. The
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| Committee shall be
responsible for making recommendations | 9 |
| concerning the submission of any
workforce development plan or | 10 |
| workforce training program required by federal
law or under any | 11 |
| block grant authority. The Committee will be
responsible for | 12 |
| developing policy on matters of mutual concern to
elementary, | 13 |
| secondary and higher education such as Occupational and
Career | 14 |
| Education, Teacher Preparation and Certification, Educational
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| Finance, Articulation between Elementary, Secondary and Higher | 16 |
| Education
and Research and Planning. The joint Education | 17 |
| Committee shall meet at
least quarterly and submit an annual | 18 |
| report of its findings,
conclusions, and recommendations to the | 19 |
| State Board of Education, the Board of
Higher Education, the | 20 |
| Illinois Community College Board,
the Human Resource | 21 |
| Investment Council, the Governor, and the
General
Assembly. All | 22 |
| 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 | 26 |
| on the Board is
required to approve any action.
The Board shall | 27 |
| prepare and submit to the General Assembly and the
Governor on | 28 |
| or before January 14, 1976 and annually thereafter a report
or | 29 |
| reports of its findings and recommendations. Such annual report | 30 |
| shall
contain a separate section which provides a critique and | 31 |
| analysis of the
status of education in Illinois and which | 32 |
| identifies its specific problems
and recommends express | 33 |
| solutions therefor.
Such annual report also shall contain the | 34 |
| following information for the
preceding year ending on June 30: | 35 |
| each act or omission of a school district
of which the State | 36 |
| Board of Education has knowledge as a consequence of
scheduled, |
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| approved visits and which constituted a
failure by the district | 2 |
| to comply with applicable State or federal laws or
regulations | 3 |
| relating to public education, the name of such district, the | 4 |
| date
or dates on which the State Board of Education notified | 5 |
| the school district of
such act or omission, and what action, | 6 |
| if any, the school district took with
respect thereto after | 7 |
| being notified thereof by the State Board of Education.
The | 8 |
| report shall also include the statewide high school dropout | 9 |
| rate by
grade level, sex and race and the annual student | 10 |
| dropout rate of and the
number of students who graduate from, | 11 |
| transfer from or otherwise leave
bilingual programs. The | 12 |
| Auditor General shall annually perform a
compliance audit of | 13 |
| the State Board of Education's performance of the
reporting | 14 |
| duty imposed by this amendatory Act of 1986. A regular system | 15 |
| of
communication with other directly related State agencies | 16 |
| shall be
implemented.
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| The requirement for reporting to the General Assembly shall | 18 |
| be satisfied
by filing copies of the report with the Speaker, | 19 |
| the Minority Leader and
the Clerk of the House of | 20 |
| Representatives and the President, the Minority
Leader and the | 21 |
| Secretary of the Senate and the Legislative Council, as | 22 |
| required
by Section 3.1 of the General
Assembly Organization | 23 |
| Act, and
filing such additional
copies with the State | 24 |
| Government Report Distribution Center for the General
Assembly | 25 |
| as is required under paragraph (t) of Section 7 of the State | 26 |
| Library
Act.
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| (Source: P.A. 89-430, eff. 12-15-95; 89-610, eff. 8-6-96; | 28 |
| 89-698, eff.
1-14-97; 90-548, eff. 1-1-98.)
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| (105 ILCS 5/1A-1 rep.)
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| (105 ILCS 5/1A-2 rep.)
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| (105 ILCS 5/1A-2.1 rep.)
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| Section 15. The School Code is amended by repealing | 33 |
| Sections 1A-1, 1A-2, and
1A-2.1.
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