103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0034 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 105 ILCS 5/1A-4 from Ch. 122, par. 1A-4 Amends the School Code. Makes a technical change in a Section concerning the powers and duties of the State Board of Education. LRB103 03553 RJT 48559 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0034 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 105 ILCS 5/1A-4 from Ch. 122, par. 1A-4 105 ILCS 5/1A-4 from Ch. 122, par. 1A-4 Amends the School Code. Makes a technical change in a Section concerning the powers and duties of the State Board of Education. LRB103 03553 RJT 48559 b LRB103 03553 RJT 48559 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0034 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 105 ILCS 5/1A-4 from Ch. 122, par. 1A-4 105 ILCS 5/1A-4 from Ch. 122, par. 1A-4 105 ILCS 5/1A-4 from Ch. 122, par. 1A-4 Amends the School Code. Makes a technical change in a Section concerning the powers and duties of the State Board of Education. LRB103 03553 RJT 48559 b LRB103 03553 RJT 48559 b LRB103 03553 RJT 48559 b A BILL FOR HB0034LRB103 03553 RJT 48559 b HB0034 LRB103 03553 RJT 48559 b HB0034 LRB103 03553 RJT 48559 b 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 Section 5 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. (Blank). 9 B. The 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 16 State Superintendent of Education in office on the effective 17 date of this amendatory Act of the 93rd General Assembly, a 18 State Superintendent of Education shall be appointed by a 19 State Board of Education that includes the 7 new Board members 20 who were appointed to fill seats of members whose terms were 21 terminated on the effective date of this amendatory Act of the 22 93rd General Assembly. Thereafter, a State Superintendent of 23 Education must, at a minimum, be appointed at the beginning of 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0034 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 105 ILCS 5/1A-4 from Ch. 122, par. 1A-4 105 ILCS 5/1A-4 from Ch. 122, par. 1A-4 105 ILCS 5/1A-4 from Ch. 122, par. 1A-4 Amends the School Code. Makes a technical change in a Section concerning the powers and duties of the State Board of Education. LRB103 03553 RJT 48559 b LRB103 03553 RJT 48559 b LRB103 03553 RJT 48559 b A BILL FOR 105 ILCS 5/1A-4 from Ch. 122, par. 1A-4 LRB103 03553 RJT 48559 b HB0034 LRB103 03553 RJT 48559 b HB0034- 2 -LRB103 03553 RJT 48559 b HB0034 - 2 - LRB103 03553 RJT 48559 b HB0034 - 2 - LRB103 03553 RJT 48559 b 1 each term of a Governor after that Governor has made 2 appointments to the Board. A performance-based contract issued 3 for the employment of a State Superintendent of Education 4 entered into on or after the effective date of this amendatory 5 Act of the 93rd General Assembly must expire no later than 6 February 1, 2007, and subsequent contracts must expire no 7 later than February 1 each 4 years thereafter. No contract 8 shall be extended or renewed beyond February 1, 2007 and 9 February 1 each 4 years thereafter, but a State Superintendent 10 of Education shall serve until his or her successor is 11 appointed. Each contract entered into on or before January 8, 12 2007 with a State Superintendent of Education must provide 13 that the State Board of Education may terminate the contract 14 for cause, and the State Board of Education shall not 15 thereafter be liable for further payments under the contract. 16 With regard to this amendatory Act of the 93rd General 17 Assembly, it is the intent of the General Assembly that, 18 beginning with the Governor who takes office on the second 19 Monday of January, 2007, a State Superintendent of Education 20 be appointed at the beginning of each term of a Governor after 21 that Governor has made appointments to the Board. The State 22 Superintendent of Education shall not serve as a member of the 23 State Board of Education. The Board shall set the compensation 24 of the State Superintendent of Education who shall serve as 25 the Board's chief executive officer. The Board shall also 26 establish the duties, powers and responsibilities of the State HB0034 - 2 - LRB103 03553 RJT 48559 b HB0034- 3 -LRB103 03553 RJT 48559 b HB0034 - 3 - LRB103 03553 RJT 48559 b HB0034 - 3 - LRB103 03553 RJT 48559 b 1 Superintendent, which shall be included in the State 2 Superintendent's performance-based contract along with the 3 goals and indicators of student performance and academic 4 improvement used to measure the performance and effectiveness 5 of the State Superintendent. The State Board of Education may 6 delegate to the State Superintendent of Education the 7 authority to act on the Board's behalf, provided such 8 delegation is made pursuant to adopted board policy or the 9 powers delegated are ministerial in nature. The State Board 10 may not delegate authority under this Section to the State 11 Superintendent to (1) nonrecognize school districts, (2) 12 withhold State payments as a penalty, or (3) make final 13 decisions under the contested case provisions of the Illinois 14 Administrative Procedure Act unless otherwise provided by law. 15 C. The powers and duties of the State Board of Education 16 shall encompass all duties delegated to the Office of 17 Superintendent of Public Instruction on January 12, 1975, 18 except as the law providing for such powers and duties is 19 thereafter amended, and such other powers and duties as the 20 General Assembly shall designate. The Board shall be 21 responsible for the educational policies and guidelines for 22 public schools, pre-school through grade 12 and Vocational 23 Education in the State of Illinois. The Board shall analyze 24 the present and future aims, needs, and requirements of 25 education in the State of Illinois and recommend to the 26 General Assembly the powers which should be exercised by the HB0034 - 3 - LRB103 03553 RJT 48559 b HB0034- 4 -LRB103 03553 RJT 48559 b HB0034 - 4 - LRB103 03553 RJT 48559 b HB0034 - 4 - LRB103 03553 RJT 48559 b 1 Board. The Board shall recommend the passage and the 2 legislation necessary to determine the appropriate 3 relationship between the Board and local boards of education 4 and the various State agencies and shall recommend desirable 5 modifications in the laws which affect schools. 6 D. Two members of the Board shall be appointed by the 7 chairperson to serve on a standing joint Education Committee, 8 2 others shall be appointed from the Board of Higher 9 Education, 2 others shall be appointed by the chairperson of 10 the Illinois Community College Board, and 2 others shall be 11 appointed by the chairperson of the Human Resource Investment 12 Council. The Committee shall be responsible for making 13 recommendations concerning the submission of any workforce 14 development plan or workforce training program required by 15 federal law or under any block grant authority. The Committee 16 will be responsible for developing policy on matters of mutual 17 concern to elementary, secondary and higher education such as 18 Occupational and Career Education, Teacher Preparation and 19 Licensure, Educational Finance, Articulation between 20 Elementary, Secondary and Higher Education and Research and 21 Planning. The joint Education Committee shall meet at least 22 quarterly and submit an annual report of its findings, 23 conclusions, and recommendations to the State Board of 24 Education, the Board of Higher Education, the Illinois 25 Community College Board, the Human Resource Investment 26 Council, the Governor, and the General Assembly. All meetings HB0034 - 4 - LRB103 03553 RJT 48559 b HB0034- 5 -LRB103 03553 RJT 48559 b HB0034 - 5 - LRB103 03553 RJT 48559 b HB0034 - 5 - LRB103 03553 RJT 48559 b 1 of this Committee shall be official meetings for reimbursement 2 under this Act. On the effective date of this amendatory Act of 3 the 95th General Assembly, the Joint Education Committee is 4 abolished. 5 E. Five members of the Board shall constitute a quorum. A 6 majority vote of the members appointed, confirmed and serving 7 on the Board is required to approve any action, except that the 8 7 new Board members who were appointed to fill seats of members 9 whose terms were terminated on the effective date of this 10 amendatory act of the 93rd General Assembly may vote to 11 approve actions when appointed and serving. 12 F. Upon appointment of the 7 new Board members who were 13 appointed to fill seats of members whose terms were terminated 14 on the effective date of this amendatory Act of the 93rd 15 General Assembly, the Board shall review all of its current 16 rules in an effort to streamline procedures, improve 17 efficiency, and eliminate unnecessary forms and paperwork. 18 (Source: P.A. 102-894, eff. 5-20-22.) HB0034 - 5 - LRB103 03553 RJT 48559 b