Full Text of HB6808 93rd General Assembly
HB6808 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6808
Introduced 02/09/04, by Jay C. Hoffman SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/1A-4 |
from Ch. 122, par. 1A-4 |
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Amends the School Code. Makes a technical change in a Section concerning the
powers and duties of the State Board of Education.
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A BILL FOR
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HB6808 |
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LRB093 19900 NHT 45643 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 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. Upon the appointment of new Board members as provided in | 9 |
| subsection (b)
of
Section 1A-1 of this Code and every 2 years | 10 |
| thereafter, the chairperson of
the Board shall
be selected by | 11 |
| the
Governor, with the advice and consent of the Senate, from | 12 |
| the membership of the
Board to serve as chairperson for 2 | 13 |
| years.
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| B. The Board shall determine the qualifications of and | 15 |
| appoint a
chief education officer to be known as the State | 16 |
| Superintendent of
Education who shall serve at the pleasure of | 17 |
| the Board and pursuant to a
performance-based contract linked | 18 |
| to statewide student performance and academic
improvement | 19 |
| within Illinois schools. No performance-based
contract issued | 20 |
| for the employment of the State Superintendent of
Education | 21 |
| shall be for a term longer than 3 years and no contract
shall | 22 |
| be
extended or renewed prior to its scheduled expiration unless | 23 |
| the performance
and improvement goals contained in the contract | 24 |
| have been met. The State
Superintendent of Education shall not | 25 |
| serve as a member of the State
Board of Education. The Board | 26 |
| shall set the compensation of the State
Superintendent of | 27 |
| Education who shall serve as the Board's chief
executive | 28 |
| officer. The Board shall also establish the duties, powers and
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| responsibilities of the State Superintendent, which shall be | 30 |
| included in the
State Superintendent's performance-based | 31 |
| contract along with the goals and
indicators of student | 32 |
| performance and academic improvement used to measure the
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| performance and effectiveness of the State Superintendent.
The | 2 |
| State Board of Education may delegate
to the State | 3 |
| Superintendent of Education the authority to act on the Board's
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| behalf, provided such delegation is made pursuant to adopted | 5 |
| board policy
or the powers delegated are ministerial in nature. | 6 |
| The State Board may
not delegate authority under this Section | 7 |
| to the State Superintendent to
(1) nonrecognize school | 8 |
| districts, (2) withhold State payments as a penalty,
or (3) | 9 |
| make final decisions under the contested case provisions of the | 10 |
| Illinois
Administrative Procedure Act unless otherwise | 11 |
| provided by law.
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| C. The powers and duties of the State Board of Education | 13 |
| shall encompass all
duties delegated to the Office of | 14 |
| Superintendent of Public Instruction on
January 12, 1975, | 15 |
| 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 | 17 |
| General Assembly
shall designate. The Board shall be | 18 |
| responsible for the educational policies
and guidelines for | 19 |
| public schools, pre-school through grade
12 and Vocational | 20 |
| Education in the State of Illinois. The Board shall
analyze the | 21 |
| present and future aims, needs, and requirements of
education | 22 |
| 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 | 24 |
| shall
recommend the passage and the legislation necessary to | 25 |
| determine the
appropriate relationship between the Board and | 26 |
| local boards of education
and the various State agencies and | 27 |
| shall recommend desirable
modifications in the laws which | 28 |
| affect schools.
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| D. Two members of the Board shall be appointed by the | 30 |
| chairperson
to serve on a standing joint Education Committee, 2 | 31 |
| 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 | 33 |
| 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 | 36 |
| concerning the submission of any
workforce development plan or |
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| workforce training program required by federal
law or under any | 2 |
| block grant authority. The Committee will be
responsible for | 3 |
| developing policy on matters of mutual concern to
elementary, | 4 |
| secondary and higher education such as Occupational and
Career | 5 |
| Education, Teacher Preparation and Certification, Educational
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| Finance, Articulation between Elementary, Secondary and Higher | 7 |
| Education
and Research and Planning. The joint Education | 8 |
| Committee shall meet at
least quarterly and submit an annual | 9 |
| report of its findings,
conclusions, and recommendations to the | 10 |
| State Board of Education, the Board of
Higher Education, the | 11 |
| Illinois Community College Board,
the Human Resource | 12 |
| Investment Council, the Governor, and the
General
Assembly. All | 13 |
| 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 | 17 |
| on the Board is
required to approve any action.
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| The Board shall prepare and submit to the General Assembly | 19 |
| and the
Governor on or before January 14, 1976 and annually | 20 |
| thereafter a report
or reports of its findings and | 21 |
| recommendations. Such annual report shall
contain a separate | 22 |
| section which provides a critique and analysis of the
status of | 23 |
| education in Illinois and which identifies its specific | 24 |
| problems
and recommends express solutions therefor.
Such | 25 |
| annual report also shall contain the following information for | 26 |
| the
preceding year ending on June 30: each act or omission of a | 27 |
| school district
of which the State Board of Education has | 28 |
| knowledge as a consequence of
scheduled, approved visits and | 29 |
| which constituted a
failure by the district to comply with | 30 |
| applicable State or federal laws or
regulations relating to | 31 |
| public education, the name of such district, the date
or dates | 32 |
| on which the State Board of Education notified the school | 33 |
| district of
such act or omission, and what action, if any, the | 34 |
| school district took with
respect thereto after being notified | 35 |
| thereof by the State Board of Education.
The report shall also | 36 |
| include the statewide high school dropout rate by
grade level, |
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| 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 | 3 |
| otherwise leave
bilingual programs. The Auditor General shall | 4 |
| annually perform a
compliance audit of the State Board of | 5 |
| Education's performance of the
reporting duty imposed by this | 6 |
| amendatory Act of 1986. A regular system of
communication with | 7 |
| other directly related State agencies shall be
implemented.
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| The requirement for reporting to the General Assembly shall | 9 |
| be satisfied
by filing copies of the report with the Speaker, | 10 |
| the Minority Leader and
the Clerk of the House of | 11 |
| Representatives and the President, the Minority
Leader and the | 12 |
| Secretary of the Senate and the Legislative Council, as | 13 |
| required
by Section 3.1 of the General
Assembly Organization | 14 |
| Act, and
filing such additional
copies with the State | 15 |
| Government Report Distribution Center for the General
Assembly | 16 |
| as is required under paragraph (t) of Section 7 of the State | 17 |
| Library
Act.
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| (Source: P.A. 89-430, eff. 12-15-95; 89-610, eff. 8-6-96; | 19 |
| 89-698, eff.
1-14-97; 90-548, eff. 1-1-98.)
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