105 ILCS 5/1A-4
2021 Illinois Compiled Statutes|Chapter 105 - SCHOOLS|105 ILCS 5/ - School Code.|Article 1A - State Board Of Education

 (from Ch. 122, par. 1A-4)Sec. 1A-4. Powers and duties of the Board.A. (Blank).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  shall be  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 Certification, 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  General  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  majority  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.Using the most recently available data, the Board shall prepare and submit to the General Assembly and the  Governor on or before January 14, 1976 and annually thereafter a report  or reports of its findings and recommendations. Such annual report shall  contain a separate section which provides a critique and analysis of the  status of education in Illinois and which identifies its specific problems  and recommends express solutions therefor.  Such annual report also shall contain the following information for the  preceding year ending on June 30: each act or omission of a school district  of which the State Board of Education has knowledge as a consequence of  scheduled, approved visits and which constituted a  failure by the district to comply with applicable State or federal laws or  regulations relating to public education, the name of such district, the date  or dates on which the State Board of Education notified the school district of  such act or omission, and what action, if any, the school district took with  respect thereto after being notified thereof by the State Board of Education.  The report shall also include the statewide high school dropout rate by  grade level, sex and race and the annual student dropout rate of and the  number of students who graduate from, transfer from or otherwise leave  bilingual programs.  The Auditor General shall annually perform a  compliance audit of the State Board of Education's performance of the  reporting duty imposed by this amendatory Act of 1986. A regular system of  communication with other directly related State agencies shall be  implemented.The requirement for reporting to the General Assembly shall be satisfied  by filing copies of the report with the Speaker, the Minority Leader and  the Clerk of the House of Representatives and the President, the Minority  Leader and the Secretary of the Senate and the Legislative Council, as required  by Section 3.1 of the General  Assembly Organization Act, and  filing such additional  copies with the State Government Report Distribution Center for the General  Assembly as is required under paragraph (t) of Section 7 of the State Library  Act.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. 95-626, eff. 6-1-08; 95-793, eff. 1-1-09.)