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92_HB1448eng HB1448 Engrossed LRB9206742NTsb 1 AN ACT concerning education. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing 5 Section 1A-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. Upon the appointment of new Board members as provided 9 in subsection (b) of Section 1A-1 of this Code and every 2 10 years thereafter, the chairperson of the Board shall be 11 selected by the Governor, with the advice and consent of the 12 Senate, from the membership of the Board to serve as 13 chairperson for 2 years. 14 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 17 of the Board and pursuant to a performance-based contract 18 linked to statewide student performance and academic 19 improvement within Illinois schools. No performance-based 20 contract issued for the employment of the State 21 Superintendent of Education shall be for a term longer than 3 22 years and no contract shall be extended or renewed prior to 23 its scheduled expiration unless the performance and 24 improvement goals contained in the contract have been met. 25 The State Superintendent of Education shall not serve as a 26 member of the State Board of Education. The Board shall set 27 the compensation of the State Superintendent of Education who 28 shall serve as the Board's chief executive officer. The Board 29 shall also establish the duties, powers and responsibilities 30 of the State Superintendent, which shall be included in the 31 State Superintendent's performance-based contract along with HB1448 Engrossed -2- LRB9206742NTsb 1 the goals and indicators of student performance and academic 2 improvement used to measure the performance and effectiveness 3 of the State Superintendent. The State Board of Education may 4 delegate to the State Superintendent of Education the 5 authority to act on the Board's behalf, provided such 6 delegation is made pursuant to adopted board policy or the 7 powers delegated are ministerial in nature. The State Board 8 may not delegate authority under this Section to the State 9 Superintendent to (1) nonrecognize school districts, (2) 10 withhold State payments as a penalty, or (3) make final 11 decisions under the contested case provisions of the Illinois 12 Administrative Procedure Act unless otherwise provided by 13 law. 14 C. The powers and duties of the State Board of Education 15 shall encompass all duties delegated to the Office of 16 Superintendent of Public Instruction on January 12, 1975, 17 except as the law providing for such powers and duties is 18 thereafter amended, and such other powers and duties as the 19 General Assembly shall designate. The Board shall be 20 responsible for the educational policies and guidelines for 21 public schools, pre-school through grade 12 and Vocational 22 Education in the State of Illinois. The Board shall analyze 23 the present and future aims, needs, and requirements of 24 education in the State of Illinois and recommend to the 25 General Assembly the powers which should be exercised by the 26 Board. The Board shall recommend the passage and the 27 legislation necessary to determine the appropriate 28 relationship between the Board and local boards of education 29 and the various State agencies and shall recommend desirable 30 modifications in the laws which affect schools. 31 D. Two members of the Board shall be appointed by the 32 chairperson to serve on a standing joint Education Committee, 33 2 others shall be appointed from the Board of Higher 34 Education, 2 others shall be appointed by the chairperson of HB1448 Engrossed -3- LRB9206742NTsb 1 the Illinois Community College Board, and 2 others shall be 2 appointed by the chairperson of the Human Resource Investment 3 Council. The Committee shall be responsible for making 4 recommendations concerning the submission of any workforce 5 development plan or workforce training program required by 6 federal law or under any block grant authority. The 7 Committee will be responsible for developing policy on 8 matters of mutual concern to elementary, secondary and higher 9 education such as Occupational and Career Education, Teacher 10 Preparation and Certification, Educational Finance, 11 Articulation between Elementary, Secondary and Higher 12 Education and Research and Planning. The joint Education 13 Committee shall meet at least quarterly and submit an annual 14 report of its findings, conclusions, and recommendations to 15 the State Board of Education, the Board of Higher Education, 16 the Illinois Community College Board, the Human Resource 17 Investment Council, the Governor, and the General Assembly. 18 All meetings of this Committee shall be official meetings for 19 reimbursement under this Act. 20 E. Five members of the Board shall constitute a quorum. 21 A majority vote of the members appointed, confirmed and 22 serving on the Board is required to approve any action. 23 The Board shall prepare and submit to the General 24 Assembly and the Governor on or before January 14, 1976 and 25 annually thereafter a report or reports of its findings and 26 recommendations. Such annual report shall contain a separate 27 section which provides a critique and analysis of the status 28 of education in Illinois and which identifies its specific 29 problems and recommends express solutions therefor. Such 30 annual report also shall contain the following information 31 for the preceding year ending on June 30: each act or 32 omission of a school district of which the State Board of 33 Education has knowledge as a consequence of scheduled, 34 approved visits and which constituted a failure by the HB1448 Engrossed -4- LRB9206742NTsb 1 district to comply with applicable State or federal laws or 2 regulations relating to public education, the name of such 3 district, the date or dates on which the State Board of 4 Education notified the school district of such act or 5 omission, and what action, if any, the school district took 6 with respect thereto after being notified thereof by the 7 State Board of Education. The report shall also include the 8 statewide high school dropout rate by grade level, sex and 9 race and the annual student dropout rate of and the number of 10 students who graduate from, transfer from or otherwise leave 11 bilingual programs. The Auditor General shall annually 12 perform a compliance audit of the State Board of Education's 13 performance of the reporting duty imposed by this amendatory 14 Act of 1986. A regular system of communication with other 15 directly related State agencies shall be implemented. 16 The requirement for reporting to the General Assembly 17 shall be satisfied by filing copies of the report with the 18 Speaker, the Minority Leader and the Clerk of the House of 19 Representatives and the President, the Minority Leader and 20 the Secretary of the Senate and the Legislative Council, as 21 required by Section 3.1 of the General Assembly Organization 22 Act, and filing such additional copies with the State 23 Government Report Distribution Center for the General 24 Assembly as is required under paragraph (t) of Section 7 of 25 the State Library Act. 26 (Source: P.A. 89-430, eff. 12-15-95; 89-610, eff. 8-6-96; 27 89-698, eff. 1-14-97; 90-548, eff. 1-1-98.)