2023 Illinois Compiled Statutes › Chapter 105 - SCHOOLS › 105 ILCS 5/ - School Code. › Article 1A - State Board Of Education

(105 ILCS 5/Art. 1A heading)
ARTICLE 1A.  
		STATE BOARD OF EDUCATION
(105 ILCS 5/1A-1) (from Ch. 122, par. 1A-1)
Sec. 1A-1. Members and terms.
(a) (Blank).
(b) The State Board of
Education shall consist of 8

members and a chairperson, who shall be appointed by the
Governor with the advice and consent
of the Senate from a pattern of regional representation as follows: 2
appointees shall be selected from among those counties of the State other
than Cook County and the 5 counties contiguous to Cook County, one of whom must represent the educator community; 2 appointees shall be selected from
Cook County, one of whom shall be a resident of the City of
Chicago and one of whom shall be a resident of that
part of Cook County
which lies outside the city limits of Chicago and of whom one must represent the educator community; 2
appointees shall be
selected from among the 5 counties of the State that are contiguous to Cook
County, one of whom must represent the educator community; and 3 members
shall be selected as members-at-large (one of which shall be the chairperson). With respect to the educator community appointments, no more than one member may be employed as a district superintendent, principal, school business official, or teacher and no more than one may be employed by the same school district or school. The changes made to this Section by this amendatory Act of the 100th General Assembly apply to appointments made after the effective date of this amendatory Act of the 100th General Assembly.  The Governor who takes office on the second Monday of January after his or her election shall be the person who nominates members to fill vacancies whose terms begin after that date and before the term of the next Governor begins.
The term of each member of the State Board of Education whose term expires on January 12, 2005 shall instead terminate on the effective date of this amendatory Act of the 93rd General Assembly.  Of these 3 seats, (i) the member initially appointed pursuant to this amendatory Act of the 93rd General Assembly whose seat was vacant on April 27, 2004 shall serve until the second Wednesday of January, 2009 and (ii)  the other 2 members initially appointed pursuant to this amendatory Act of the 93rd General Assembly shall serve until the second Wednesday of January, 2007.
The term of the member of the State Board of Education whose seat was vacant on April 27, 2004 and whose term expires on January 10, 2007 shall instead terminate on the effective date of this amendatory Act of the 93rd General Assembly.  The member initially appointed pursuant to this amendatory Act of the 93rd General Assembly to fill this seat shall be the chairperson and shall serve until the second Wednesday of January, 2007.
The term of the member of the State Board of Education whose seat was vacant on May 28, 2004 but after April 27, 2004 and whose term expires on January 10, 2007 shall instead terminate on the effective date of this amendatory Act of the 93rd General Assembly.  The member initially appointed pursuant to this amendatory Act of the 93rd General Assembly to fill this seat shall serve until the second Wednesday of January, 2007.
The term of the other member of the State Board of Education whose term expires on January 10, 2007 shall instead terminate on the effective date of this amendatory Act of the 93rd General Assembly.  The member initially appointed pursuant to this amendatory Act of the 93rd General Assembly to fill this seat shall serve until the second Wednesday of January, 2007.
The term of the member of the State Board of Education whose term expires on January 14, 2009 and who was selected from among the 5 counties of the State that are contiguous to Cook County and is a resident of Lake County shall instead terminate on the effective date of this amendatory Act of the 93rd General Assembly.  The member initially appointed pursuant to this amendatory Act of the 93rd General Assembly to fill this seat shall serve until the second Wednesday of January, 2009.
Upon expiration of the terms of the members initially appointed
under this amendatory Act of the 93rd General Assembly and members whose terms were not terminated by this amendatory Act of the 93rd General Assembly, their respective successors shall be
appointed for terms of 4

years, from the second Wednesday in January of each
odd
numbered year and until their respective successors are  appointed  and
qualified.
(c) Of the 4 members, excluding the chairperson, whose terms expire on the second Wednesday of January, 2007 and every 4 years thereafter, one of those members must be an at-large member and at no time may more than 2 of those members be from one political party.  Of the 4 members whose terms expire on the second Wednesday of January, 2009 and every 4 years thereafter, one of those members must be an at-large member and at no time may more than 2 of those members be from one political party.  Party membership is defined as having voted in the primary of the party in the last primary before appointment.
(d) Vacancies in terms shall be filled by appointment by the
Governor with the advice and consent of the Senate for the extent of the
unexpired term.
If a vacancy in membership occurs at a time when the Senate is not in
session, the Governor shall make a temporary appointment until the next meeting
of the Senate, when the Governor shall appoint a person to fill that membership
for the remainder of its term.  If the Senate is not in session when
appointments for a full term are made, the appointments shall be made as in the
case of vacancies.
(Source: P.A. 100-1135, eff. 11-28-18.)
(105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)
Sec. 1A-2. Qualifications. The members of the State Board of Education
shall be citizens of the United States and residents of the State of Illinois
and shall be selected as far as may be practicable on the basis of their
knowledge of, or interest and experience in, problems of public education.
No member of the State Board of Education shall benefit from funds provided by the State Board of Education to an
institution of higher
learning, public or private, within Illinois, nor shall members be school trustees of a public or nonpublic 
college, university or technical institution within Illinois.  No member
shall  be appointed to more than 2 4-year
 terms.  Members shall be reimbursed
for all ordinary and necessary expenses incurred in performing their duties
as members of the Board.  Expenses shall be approved by the Board and be
consistent with the laws, policies, and requirements of the
State of Illinois regarding such expenditures, plus any member may include
in his or her claim for expenses $50 per day for meeting days.
(Source: P.A. 100-1135, eff. 11-28-18.)
(105 ILCS 5/1A-2.1) (from Ch. 122, par. 1A-2.1)
Sec. 1A-2.1. Vacancies. The Governor may remove for incompetence, neglect of duty, or malfeasance in office any member of the State Board of Education. A vacancy also exists on the State Board of
Education when one or more of the following events occur:
1.  A member dies.
2.  A member files a written resignation with the     Governor.
3.  A member is adjudicated to be a person under     legal disability under the Probate Act of 1975 or a person subject to involuntary admission under the Mental Health and Developmental Disabilities Code.
4.  A member ceases to be a resident of the region     from which he or she was appointed.
5.  A member is convicted of an infamous crime or of     any offense involving a violation of his or her duties under this Code.
6. A member fails to maintain the qualifications     stated in Sections 1A-1 and  1A-2 of this Code.
(Source: P.A. 100-1135, eff. 11-28-18.)
(105 ILCS 5/1A-4) (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 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
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.
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.)
(105 ILCS 5/1A-6)
Sec. 1A-6. (Repealed).
(Source: P.A. 79-1454. Repealed by P.A. 94-1105, eff. 6-1-07.)
(105 ILCS 5/1A-8) (from Ch. 122, par. 1A-8)
Sec. 1A-8. Powers of the Board in Assisting Districts Deemed in Financial
Difficulties. To promote the financial integrity of school districts, the
State Board of Education shall be provided the necessary powers to promote
sound financial management and continue operation of the public schools.
(a) The State Superintendent of Education may require a school district, including any district subject to Article 34A of this Code, to share financial information relevant to a proper investigation of the district's financial condition and the delivery of appropriate State financial, technical, and consulting services to the district if the district (i) has been designated, through the State Board of Education's School District Financial Profile System, as on financial warning or financial watch status, (ii) has failed to file an annual financial report, annual budget, deficit reduction plan, or other financial information as required by law, (iii) has been identified, through the district's annual audit or other financial and management information, as in serious financial difficulty in the current or next school year, or (iv) is determined to be likely to fail to fully meet any regularly scheduled, payroll-period obligations when due or any debt service payments when due or both.  In addition to financial, technical, and consulting services provided by the State Board of Education, at the request of a school district, the State Superintendent may provide for an independent financial consultant to assist the district review its financial condition and options.
(b) The State Board of Education, after proper investigation of a district's
financial condition, may certify that a district, including any district
subject to Article 34A, is in financial difficulty
when any of the following conditions occur:
(1) The district has issued school or teacher orders     for wages as permitted in Sections 8-16, 32-7.2 and 34-76 of this Code.
(2) The district has issued tax anticipation warrants     or tax anticipation notes in anticipation of a second year's taxes when warrants or notes in anticipation of current year taxes are still outstanding, as authorized by Sections 17-16, 34-23, 34-59 and 34-63 of this Code, or has issued short-term debt against 2 future revenue sources, such as, but not limited to, tax anticipation warrants and general State aid or evidence-based funding certificates or tax anticipation warrants and revenue anticipation notes.
(3) The district has for 2 consecutive years shown an     excess of expenditures and other financing uses over revenues and other financing sources and beginning fund balances on its annual financial report for the aggregate totals of the Educational, Operations and Maintenance, Transportation, and Working Cash Funds.
(4) The district refuses to provide financial     information or cooperate with the State Superintendent in an investigation of the district's financial condition.
(5) The district is likely to fail to fully meet any     regularly scheduled,  payroll-period obligations when due or any debt service payments when due or both.
No school district shall be certified by the State Board of Education to be in financial difficulty solely by
reason of any of the above circumstances arising as a result of (i) the failure
of the county to make any distribution of property tax money due the district
at the time such distribution is due or (ii) the failure of this State to make timely payments of general State aid, evidence-based funding, or any of the mandated categoricals; or if the district clearly demonstrates
to the satisfaction of the State Board of Education at the time of its
determination that such condition no longer exists. If the State Board of
Education certifies that a district in a city with 500,000 inhabitants or
more is in financial difficulty, the State Board shall so notify the
Governor and the Mayor of the city in which the district is located.  The
State Board of Education may require school districts certified in
financial difficulty, except those districts subject to Article 34A, to
develop, adopt and submit a financial plan within 45 days after
certification of financial difficulty. The financial plan shall be
developed according to guidelines presented to the district by the State
Board of Education within 14 days of certification. Such guidelines shall
address the specific nature of each district's financial difficulties. Any
proposed budget of the district shall be consistent with the financial plan
submitted to and
approved by the State Board of Education.
A district certified to be in financial difficulty, other than a district
subject to Article 34A, shall report to the State Board of Education at
such times and in such manner as the State Board may direct, concerning the
district's compliance with each financial plan. The State Board may review
the district's operations, obtain budgetary data and financial statements,
require the district to produce reports, and have access to any other
information in the possession of the district that it deems relevant. The
State Board may issue recommendations or directives within its powers to
the district to assist in compliance with the financial plan. The district
shall produce such budgetary data, financial statements, reports and other
information and comply with such directives. If the State Board of Education
determines that a district has failed to comply with its financial plan, the
State Board of Education may rescind approval of the plan and appoint a
Financial Oversight Panel for the district as provided in Section 1B-4.  This
action shall be taken only after the district has been given notice and an
opportunity to appear before the State Board of Education to discuss its
failure to comply with its financial plan.
No bonds, notes, teachers orders, tax anticipation warrants or other
evidences of indebtedness shall be issued or sold by a school district or
be legally binding upon or enforceable against a local board of education
of a district certified to be in financial difficulty unless and until the
financial plan required under this Section has been approved by the State
Board of Education.
Any financial profile compiled and distributed by the State Board of Education in Fiscal Year 2009 or any fiscal year thereafter
 shall incorporate such adjustments as may be needed in the profile scores to reflect the financial effects of the
inability or refusal of the State of Illinois to make timely
disbursements of any general State aid, evidence-based funding, or mandated categorical aid payments due school districts or to fully reimburse
school districts for mandated categorical programs pursuant to
reimbursement formulas provided in this School Code.
(Source: P.A. 100-465, eff. 8-31-17.)
(105 ILCS 5/1A-9)
Sec. 1A-9. 
		
		Duty of the Board to disseminate information concerning the
Children's Privacy Protection and Parental Empowerment Act. The Board shall
(i) prepare and disseminate to the local educational agencies and the regional
offices of education materials advising parents of their rights under the
Children's Privacy Protection and Parental Empowerment Act and (ii) add notice
to its website advising parents of their rights under the Children's Privacy
Protection and Parental Empowerment Act.
(Source: P.A. 93-462, eff. 1-1-04.)
(105 ILCS 5/1A-10)
Sec. 1A-10. Divisions of Board. The State Board of Education shall have, without limitation, the following divisions within the Board:
(1)  Educator Effectiveness.
(2)  Improvement and Innovation.
(3)  Fiscal Support Services.
(4)  (Blank).
(5)  Internal Auditor.
(6)  Human Resources.
(7) Legal.
(8) Specialized Instruction, Nutrition, and Wellness.
(9) Language and Early Childhood Development.
The State Board of Education may, after consultation with the General Assembly, add any divisions or functions to the Board that it deems appropriate and consistent with Illinois law.
(Source: P.A. 99-30, eff. 7-10-15.)
(105 ILCS 5/1A-11)
Sec. 1A-11. Children; methamphetamine; protocol. The State Board of Education shall cooperate with the Department of Children and Family Services and the Illinois State Police in developing the protocol required under Section 6.5 of the Children and Family Services Act. The Board must post the protocol on the official Web site maintained by the Board.
(Source: P.A. 102-538, eff. 8-20-21.)