Illinois Compiled Statutes
Information maintained by the Legislative
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
105 ILCS 5/1A-4
(105 ILCS 5/1A-4)
(from Ch. 122, par. 1A-4)
Powers and duties of the Board.
B. The Board shall determine the qualifications of and appoint a
chief education officer, to be known as the State Superintendent of
Education, who may be proposed by the Governor and who shall serve at the pleasure of the Board and pursuant to a
performance-based contract linked to statewide student performance and academic
improvement within Illinois schools. Upon expiration or buyout of the contract of the State Superintendent of Education in office on the effective date of this amendatory Act of the 93rd General Assembly, a State Superintendent of Education shall be appointed by a State Board of Education that includes the 7 new Board members who were appointed to fill seats of members whose terms were terminated on the effective date of this amendatory Act of the 93rd General Assembly. Thereafter, a State Superintendent of Education must, at a minimum, be appointed at the beginning of each term of a Governor after that Governor has made appointments to the Board. A performance-based
contract issued for the employment of a State Superintendent of
Education entered into on or after the effective date of this amendatory Act of the 93rd General Assembly must expire no later than February 1, 2007, and subsequent contracts must expire no later than February 1 each 4 years thereafter. No contract
extended or renewed beyond February 1, 2007 and February 1 each 4 years thereafter, but a State Superintendent of Education shall serve until his or her successor is appointed. Each contract entered into on or before January 8, 2007 with a State Superintendent of Education must provide that the State Board of Education may terminate the contract for cause, and the State Board of Education shall not thereafter be liable for further payments under the contract. With regard to this amendatory Act of the 93rd General Assembly, it is the intent of the General Assembly that, beginning with the Governor who takes office on the second Monday of January, 2007, a State Superintendent of Education be appointed at the beginning of each term of a Governor after that Governor has made appointments to the Board. The State
Superintendent of Education shall not serve as a member of the State
Board of Education. The Board shall set the compensation of the State
Superintendent of Education who shall serve as the Board's chief
executive officer. The Board shall also establish the duties, powers and
responsibilities of the State Superintendent, which shall be included in the
State Superintendent's performance-based contract along with the goals and
indicators of student performance and academic improvement used to measure the
performance and effectiveness of the State Superintendent.
The State Board of Education may delegate
to the State Superintendent of Education the authority to act on the Board's
behalf, provided such delegation is made pursuant to adopted board policy
or the powers delegated are ministerial in nature. The State Board may
not delegate authority under this Section to the State Superintendent to
(1) nonrecognize school districts, (2) withhold State payments as a penalty,
or (3) make final decisions under the contested case provisions of the Illinois
Administrative Procedure Act unless otherwise provided by law.
C. The powers and duties of the State Board of Education shall encompass all
duties delegated to the Office of Superintendent of Public Instruction on
January 12, 1975, except as the law providing for such powers and duties is
thereafter amended, and such other powers and duties as the General Assembly
shall designate. The Board shall be responsible for the educational policies
and guidelines for public schools, pre-school through grade
12 and Vocational Education in the State of Illinois. The Board shall
analyze the present and future aims, needs, and requirements of
education in the State of Illinois and recommend to the General Assembly
the powers which should be exercised by the Board. The Board shall
recommend the passage and the legislation necessary to determine the
appropriate relationship between the Board and local boards of education
and the various State agencies and shall recommend desirable
modifications in the laws which affect schools.
D. Two members of the Board shall be appointed by the chairperson
to serve on a standing joint Education Committee, 2 others shall be
appointed from the Board of Higher Education, 2
others shall be appointed by the chairperson of the
Illinois Community College Board, and 2 others shall be appointed by the
chairperson of the Human Resource Investment Council. The
Committee shall be
responsible for making recommendations concerning the submission of any
workforce development plan or workforce training program required by federal
law or under any block grant authority. The Committee will be
responsible for developing policy on matters of mutual concern to
elementary, secondary and higher education such as Occupational and
Career Education, Teacher Preparation and Licensure, Educational
Finance, Articulation between Elementary, Secondary and Higher Education
and Research and Planning. The joint Education Committee shall meet at
least quarterly and submit an annual report of its findings,
conclusions, and recommendations to the State Board of Education, the Board of
Higher Education, the Illinois Community College Board,
the Human Resource Investment Council, the Governor, and the
Assembly. All meetings of this Committee shall be official meetings for
reimbursement under this Act. On the effective date of this amendatory Act of the 95th General Assembly, the Joint Education Committee is abolished.
E. Five members of the Board shall constitute a quorum. A
vote of the members appointed, confirmed and serving on the Board is
required to approve any action, except that the 7 new Board members who were appointed to fill seats of members whose terms were terminated on the effective date of this amendatory act of the 93rd General Assembly may vote to approve actions when appointed and serving.
F. Upon appointment of the 7 new Board members who were appointed to fill seats of members whose terms were terminated on the effective date of this amendatory Act of the 93rd General Assembly, the Board shall review all of its current rules in an effort to streamline procedures, improve efficiency, and eliminate unnecessary forms and paperwork.
(Source: P.A. 102-894, eff. 5-20-22.)