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Article 2 - State Board of Education - Powers and Duties

      (105 ILCS 5/Art. 2 heading)ARTICLE 2. STATE BOARD OF EDUCATION ‑ POWERS AND DUTIES

(105 ILCS 5/2‑2) (from Ch. 122, par. 2‑2)     Sec. 2‑2. Oath ‑ Bond. Before entering upon their duties the members of the State Board of Education shall take and subscribe the oath of office prescribed by the Constitution. Such oath shall be filed with the Secretary of State. (Source: P.A. 90‑372, eff. 7‑1‑98.)

(105 ILCS 5/2‑3) (from Ch. 122, par. 2‑3)     Sec. 2‑3. Powers and duties. The State Board of Education shall have the powers and duties enumerated in the subsequent sections of this article, and may delegate its authority to the State Superintendent of Education as provided in Section 1A‑4. (Source: P.A. 81‑1508.)

(105 ILCS 5/2‑3.1) (from Ch. 122, par. 2‑3.1)     Sec. 2‑3.1. Office ‑ Records. To have an office at the seat of government, and to keep a record of all matters pertaining to the business of such office. (Source: P.A. 81‑1508.)

(105 ILCS 5/2‑3.2) (from Ch. 122, par. 2‑3.2)     Sec. 2‑3.2. Papers, reports, documents. To file all papers, reports and public documents transmitted to it by the school officers of the several counties, for each year separately; and to keep all other public documents, books and papers relative to schools, coming into its hands as State Board of Education. (Source: P.A. 81‑1508.)

(105 ILCS 5/2‑3.2a)     Sec. 2‑3.2a. Electronic transmission and collection of data and funds. The State Board of Education may require that the transmission or collection of any document, record, form, claim, proposal, other data, or funds, between the State Board of Education and any entity doing business with the State Board of Education, be handled by electronic transmission or collection. The State Board shall establish standards for the electronic transmission and collection of data and funds, including data encryption standards, that must be used by all entities doing business with the State Board. These standards must comply with the Electronic Commerce Security Act. (Source: P.A. 92‑121, eff. 7‑20‑01.)

(105 ILCS 5/2‑3.3) (from Ch. 122, par. 2‑3.3)     Sec. 2‑3.3. Supervision of public schools.     To supervise all the public schools in the State. (Source: Laws 1961, p. 31.)

(105 ILCS 5/2‑3.4) (from Ch. 122, par. 2‑3.4)     Sec. 2‑3.4. (Repealed). (Source: Laws 1961, p. 31. Repealed by P.A. 89‑159, eff. 1‑1‑96.)

(105 ILCS 5/2‑3.5) (from Ch. 122, par. 2‑3.5)     Sec. 2‑3.5. Assist county superintendents.     To advise and assist county superintendents of schools, addressing to them from time to time circular letters relating to the best manner of conducting schools, constructing and furnishing schoolhouses, and examining and procuring competent teachers. (Source: Laws 1961, p. 31.)

    (105 ILCS 5/2‑3.6)(from Ch. 122, par. 2‑3.6)
    Sec. 2‑3.6. Rules and policies. To make rules, in accordance with the Illinois Administrative Procedure Act, that are necessary to carry into efficient and uniform effect all laws for establishing and maintaining free schools in the State. The State Board of Education may not adopt any rule or policy that alters the intent of the authorizing law or that supersedes federal or State law. The Board may not make policies affecting school districts that have the effect of rules without following the procedures of the Illinois Administrative Procedure Act.
(Source: P.A. 93‑1036, eff. 9‑14‑04.)

(105 ILCS 5/2‑3.7) (from Ch. 122, par. 2‑3.7)     Sec. 2‑3.7. Legal adviser of school officers ‑ Opinions. To be the legal adviser of school officers, and, when requested by any school officer, to give an opinion in writing upon any question arising under the school laws of the State. (Source: P.A. 81‑1508.)

(105 ILCS 5/2‑3.7a) (from Ch. 122, par. 2‑3.7a)     Sec. 2‑3.7a. Advisory committees and their composition. To create, form, or appoint task forces, study committees, blue ribbon panels, commissions, or any other type of organization, by whatever name designated, to study or examine educational policy issues, problems, or concerns. Any task force, study committee, blue ribbon panel, commission, or organization created or appointed by the State Board of Education or the State Superintendent of Education after this amendatory Act takes effect shall include parents or guardians of students involved in or directly affected by the issues, problems, or concerns under study. The parents or guardians appointed to comply with this Section shall not be employed by or administratively connected with any school system or institution of higher learning in Illinois, employed by any educational collective bargaining organization within Illinois, employed by any association of school boards or school administrative officers, employed by the State Board of Education, or members of any school board or board of school trustees of any public or private school, college, university, or technical institution within Illinois. (Source: P.A. 87‑916.)

(105 ILCS 5/2‑3.8) (from Ch. 122, par. 2‑3.8)     Sec. 2‑3.8. Hear and determine controversies. To hear and determine all controversies arising under the school laws of the State, coming to it by appeal from a regional superintendent of schools. (Source: P.A. 81‑1508.)

(105 ILCS 5/2‑3.9) (from Ch. 122, par. 2‑3.9)     Sec. 2‑3.9. Grant and suspend teachers' certificates.     Subject to the provisions of Article 21, to grant certificates to such teachers as may be found qualified to receive them and to suspend the operation of any State certificate for immorality or other unprofessional conduct. (Source: Laws 1961, p. 31.)

(105 ILCS 5/2‑3.10) (from Ch. 122, par. 2‑3.10)     Sec. 2‑3.10. Visit charitable institutions. To visit such of the charitable institutions of the State as are educational in character, to examine their facilities for instruction, and to prescribe forms for such reports as it may desire from their superintendents. (Source: P.A. 81‑1508.)

    (105 ILCS 5/2‑3.11)(from Ch. 122, par. 2‑3.11)
    Sec. 2‑3.11. Report to Governor and General Assembly. To report to the Governor and General Assembly annually on or before January 14 the condition of the schools of the State using the most recently available data.
    Such annual report shall contain reports of the State Teacher Certification Board; the schools of the State charitable institutions; reports on driver education, special education, and transportation; and for such year the annual statistical reports of the State Board of Education, including the number and kinds of school districts; number of school attendance centers; number of men and women teachers; enrollment by grades; total enrollment; total days attendance; total days absence; average daily attendance; number of elementary and secondary school graduates; assessed valuation; tax levies and tax rates for various purposes; amount of teachers' orders, anticipation warrants, and bonds outstanding; and number of men and women teachers and total enrollment of private schools. The report shall give for all school districts receipts from all sources and expenditures for all purposes for each fund; the total operating expense, the per capita cost, and instructional expenditures; federal and state aids and reimbursements; new school buildings, and recognized schools; together with such other information and suggestions as the State Board of Education may deem important in relation to the schools and school laws and the means of promoting education throughout the state.
    In this Section, "instructional expenditures" means the annual expenditures of school districts properly attributable to expenditure functions defined in rules of the State Board of Education as: 1100 (Regular Education); 1200‑1220 (Special Education); 1250 (Ed. Deprived/Remedial); 1400 (Vocational Programs); 1600 (Summer School); 1650 (Gifted); 1800 (Bilingual Programs); 1900 (Truant Alternative); 2110 (Attendance and Social Work Services); 2120 (Guidance Services); 2130 (Health Services); 2140 (Psychological Services); 2150 (Speech Pathology and Audiology Services); 2190 (Other Support Services Pupils); 2210 (Improvement of Instruction); 2220 (Educational Media Services); 2230 (Assessment and Testing); 2540 (Operation and Maintenance of Plant Services); 2550 (Pupil Transportation Service); 2560 (Food Service); 4110 (Payments for Regular Programs); 4120 (Payments for Special Education Programs); 4130 (Payments for Adult Education Programs); 4140 (Payments for Vocational Education Programs); 4170 (Payments for Community College Programs); 4190 (Other payments to in‑state government units); and 4200 (Other payments to out of state government units).
(Source: P.A. 95‑793, eff. 1‑1‑09; 96‑734, eff. 8‑25‑09.)

    (105 ILCS 5/2‑3.11b)
    Sec. 2‑3.11b. (Repealed).
(Source: P.A. 84‑1419. Repealed by P.A. 94‑875, eff. 7‑1‑06.)

    (105 ILCS 5/2‑3.11c)
    Sec. 2‑3.11c. Teacher supply and demand report. Through January 1, 2009, to report annually, on or before January 1, on the relative supply and demand for education staff of the public schools to the Governor, to the General Assembly, and to institutions of higher education that prepare teachers, administrators, school service personnel, other certificated individuals, and other professionals employed by school districts or joint agreements. After the report due on January 1, 2009 is submitted, future reports shall be submitted once every 3 years, with the first report being submitted on or before January 1, 2011. The report shall contain the following information:
        (1) the relative supply and demand for teachers,

administrators, and other certificated and non‑certificated personnel by field, content area, and levels;

(2) State and regional analyses of fields, content

areas, and levels with an over‑supply or under‑supply of educators; and

(3) projections of likely high demand and low demand

for educators, in a manner sufficient to advise the public, individuals, and institutions regarding career opportunities in education.

(Source: P.A. 96‑734, eff. 8‑25‑09.)

    (105 ILCS 5/2‑3.11d)
    Sec. 2‑3.11d. Data on tests required for teacher preparation and certification. Beginning with the effective date of this amendatory Act of the 94th General Assembly, to collect and maintain all of the following data for each institution of higher education engaged in teacher preparation in this State:
        (1) The number of individuals taking the test of

basic skills under Section 21‑1a of this Code.

(2) The number of individuals passing the test of

basic skills under Section 21‑1a of this Code.

(3) The total number of subject‑matter tests

attempted under Section 21‑1a of this Code.

(4) The total number of subject‑matter tests passed

under Section 21‑1a of this Code.

The data regarding subject‑matter tests shall be reported in sum, rather than by separately listing each subject, in order to better protect the identity of the test‑takers.     On or before August 1, 2007, the State Board of Education shall file with the General Assembly and the Governor and shall make available to the public a report listing the institutions of higher education engaged in teacher preparation in this State, along with the data listed in items (1) and (2) of this Section pertinent to each institution.     On or before October 1, 2012 and every 3 years thereafter, the State Board of Education shall file with the General Assembly and the Governor and shall make available to the public a report listing the institutions of higher education engaged in teacher preparation in this State, along with the data listed in items (1) through (4) of this Section pertinent to each institution. (Source: P.A. 96‑1423, eff. 8‑3‑10.)

    (105 ILCS 5/2‑3.12)(from Ch. 122, par. 2‑3.12)
    Sec. 2‑3.12. School building code.
    (a) To prepare for school boards with the advice of the Department of Public Health, the Capital Development Board, and the State Fire Marshal a school building code that will conserve the health and safety and general welfare of the pupils and school personnel and others who use public school facilities.
    (b) Within 2 years after September 23, 1983, and every 10 years thereafter, or at such other times as the State Board of Education deems necessary or the regional superintendent so orders, each school board subject to the provisions of this Section shall again survey its school buildings and effectuate any recommendations in accordance with the procedures set forth herein.
        (1) An architect or engineer licensed in the State of

Illinois is required to conduct the surveys under the provisions of this Section and shall make a report of the findings of the survey titled "safety survey report" to the school board.

(2) The school board shall approve the safety survey

report, including any recommendations to effectuate compliance with the code, and submit it to the Regional Superintendent.

(3) The Regional Superintendent shall render a

decision regarding approval or denial and submit the safety survey report to the State Superintendent of Education.

(4) The State Superintendent of Education shall

approve or deny the report including recommendations to effectuate compliance with the code and, if approved, issue a certificate of approval.

(5) Upon receipt of the certificate of approval, the

Regional Superintendent shall issue an order to effect any approved recommendations included in the report. The report shall meet all of the following requirements:

(A) Items in the report shall be prioritized.             (B) Urgent items shall be considered as those

items related to life safety problems that present an immediate hazard to the safety of students.

(C) Required items shall be considered as those

items that are necessary for a safe environment but present less of an immediate hazard to the safety of students.

(D) Urgent and required items shall reference a

specific rule in the code authorized by this Section that is currently being violated or will be violated within the next 12 months if the violation is not remedied.

(6) The school board of each district so surveyed

and receiving a report of needed recommendations to be made to maintain standards of safety and health of the pupils enrolled shall effectuate the correction of urgent items as soon as achievable to ensure the safety of the students, but in no case more than one year after the date of the State Superintendent of Education's approval of the recommendation.

(7) Required items shall be corrected in a timely

manner, but in no case more than 5 years from the date of the State Superintendent of Education's approval of the recommendation.

(8) Once each year the school board shall submit a

report of progress on completion of any recommendations to effectuate compliance with the code.

(c) As soon as practicable, but not later than 2 years after January 1, 1993, the State Board of Education shall combine the document known as "Efficient and Adequate Standards for the Construction of Schools" with the document known as "Building Specifications for Health and Safety in Public Schools" together with any modifications or additions that may be deemed necessary. The combined document shall be known as the "Health/Life Safety Code for Public Schools" and shall be the governing code for all facilities that house public school students or are otherwise used for public school purposes, whether such facilities are permanent or temporary and whether they are owned, leased, rented, or otherwise used by the district. Facilities owned by a school district but that are not used to house public school students or are not used for public school purposes shall be governed by separate provisions within the code authorized by this Section.     (d) The 10 year survey cycle specified in this Section shall continue to apply based upon the standards contained in the "Health/Life Safety Code for Public Schools", which shall specify building standards for buildings that are constructed prior to January 1, 1993 and for buildings that are constructed after that date.     (e) The "Health/Life Safety Code for Public Schools" shall be the governing code for public schools; however, the provisions of this Section shall not preclude inspection of school premises and buildings pursuant to Section 9 of the Fire Investigation Act, provided that the provisions of the "Health/Life Safety Code for Public Schools", or such predecessor document authorized by this Section as may be applicable are used, and provided that those inspections are coordinated with the Regional Superintendent having jurisdiction over the public school facility.     (f) Nothing in this Section shall be construed to prohibit the State Fire Marshal or a qualified fire official to whom the State Fire Marshal has delegated his or her authority from conducting a fire safety check in a public school.     (g) The Regional Superintendent shall address any violations that are not corrected in a timely manner pursuant to subsection (b) of Section 3‑14.21 of this Code.     (h) Any agency having jurisdiction beyond the scope of the applicable document authorized by this Section may issue a lawful order to a school board to effectuate recommendations, and the school board receiving the order shall certify to the Regional Superintendent and the State Superintendent of Education when it has complied with the order.     (i) The State Board of Education is authorized to adopt any rules that are necessary relating to the administration and enforcement of the provisions of this Section.     (j) The code authorized by this Section shall apply only to those school districts having a population of less than 500,000 inhabitants.     (k) In this Section, a "qualified fire official" means an individual that meets the requirements of rules adopted by the State Fire Marshal in cooperation with the State Board of Education to administer this Section. These rules shall be based on recommendations made by the task force established under Section 2‑3.137 of this Code. (Source: P.A. 94‑225, eff. 7‑14‑05; 94‑875, eff. 7‑1‑06; 94‑1105, eff. 6‑1‑07; 95‑876, eff. 8‑21‑08.)

(105 ILCS 5/2‑3.12a)     Sec. 2‑3.12a. (Repealed). (Source: P.A. 91‑89, eff. 7‑9‑99. Repealed internally, eff. 12‑31‑99.)

    (105 ILCS 5/2‑3.13)
    Sec. 2‑3.13. (Repealed).
(Source: P.A. 81‑1508. Repealed by P.A. 96‑734, eff. 8‑25‑09.)

    (105 ILCS 5/2‑3.13a)(from Ch. 122, par. 2‑3.13a)
    Sec. 2‑3.13a. School records; transferring students.
    (a) The State Board of Education shall establish and implement rules requiring all of the public schools and all private or nonpublic elementary and secondary schools located in this State, whenever any such school has a student who is transferring to any other public elementary or secondary school located in this or in any other state, to forward within 10 days of notice of the student's transfer an unofficial record of that student's grades to the school to which such student is transferring. Each public school at the same time also shall forward to the school to which the student is transferring the remainder of the student's school student records as required by the Illinois School Student Records Act. In addition, if a student is transferring from a public school, whether located in this or any other state, from which the student has been suspended or expelled for knowingly possessing in a school building or on school grounds a weapon as defined in the Gun Free Schools Act (20 U.S.C. 8921 et seq.), for knowingly possessing, selling, or delivering in a school building or on school grounds a controlled substance or cannabis, or for battering a staff member of the school, and if the period of suspension or expulsion has not expired at the time the student attempts to transfer into another public school in the same or any other school district: (i) any school student records required to be transferred shall include the date and duration of the period of suspension or expulsion; and (ii) with the exception of transfers into the Department of Juvenile Justice school district, the student shall not be permitted to attend class in the public school into which he or she is transferring until the student has served the entire period of the suspension or expulsion imposed by the school from which the student is transferring, provided that the school board may approve the placement of the student in an alternative school program established under Article 13A of this Code. A school district may adopt a policy providing that if a student is suspended or expelled for any reason from any public or private school in this or any other state, the student must complete the entire term of the suspension or expulsion before being admitted into the school district. This policy may allow placement of the student in an alternative school program established under Article 13A of this Code, if available, for the remainder of the suspension or expulsion. Each public school and each private or nonpublic elementary or secondary school in this State shall within 10 days after the student has paid all of his or her outstanding fines and fees and at its own expense forward an official transcript of the scholastic records of each student transferring from that school in strict accordance with the provisions of this Section and the rules established by the State Board of Education as herein provided.
    (b) The State Board of Education shall develop a one‑page standard form that Illinois school districts are required to provide to any student who is moving out of the school district and that contains the information about whether or not the student is "in good standing" and whether or not his or her medical records are up‑to‑date and complete. As used in this Section, "in good standing" means that the student is not being disciplined by a suspension or expulsion, but is entitled to attend classes. No school district is required to admit a new student who is transferring from another Illinois school district unless he or she can produce the standard form from the student's previous school district enrollment. No school district is required to admit a new student who is transferring from an out‑of‑state public school unless the parent or guardian of the student certifies in writing that the student is not currently serving a suspension or expulsion imposed by the school from which the student is transferring.
    (c) The State Board of Education shall, by rule, establish a system to provide for the accurate tracking of transfer students. This system shall, at a minimum, require that a student be counted as a dropout in the calculation of a school's or school district's annual student dropout rate unless the school or school district to which the student transferred (known hereafter in this subsection (c) as the transferee school or school district) sends notification to the school or school district from which the student transferred (known hereafter in this subsection (c) as the transferor school or school district) documenting that the student has enrolled in the transferee school or school district. This notification must occur on or before July 31 following the school year during which the student withdraws from the transferor school or school district or the student shall be counted in the calculation of the transferor school's or school district's annual student dropout rate. A request by the transferee school or school district to the transferor school or school district seeking the student's academic transcripts or medical records shall be considered without limitation adequate documentation of enrollment. Each transferor school or school district shall keep documentation of such transfer students for the minimum period provided in the Illinois School Student Records Act. All records indicating the school or school district to which a student transferred are subject to the Illinois School Student Records Act.
(Source: P.A. 96‑1423, eff. 8‑3‑10.)

(105 ILCS 5/2‑3.14) (from Ch. 122, par. 2‑3.14)     Sec. 2‑3.14. Representative government.     To put into effect the provisions of Sections 27‑3 and 27‑4 relative to representative government. (Source: Laws 1961, p. 31.)

(105 ILCS 5/2‑3.15) (from Ch. 122, par. 2‑3.15)     Sec. 2‑3.15. Designation of statistics. To designate the reports relating to public schools which school officers are required to submit to the county superintendent of schools. In Class I county school units, and in each school district which forms a part of a Class II county school unit but which is not subject to the jurisdiction of the trustees of schools of any township in which such school district is located, all financial reports shall be signed by the teacher, principal or superintendent of schools.     Any person who makes a false affidavit or knowingly swears or affirms falsely to any matter or thing required by the terms of this Act to be sworn or affirmed is guilty of perjury. (Source: P.A. 86‑1441; 87‑473.)

    (105 ILCS 5/2‑3.16)
    Sec. 2‑3.16. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94‑1105, eff. 6‑1‑07.)

(105 ILCS 5/2‑3.17) (from Ch. 122, par. 2‑3.17)     Sec. 2‑3.17. Information furnished by regional superintendents. To require the regional superintendent of schools to furnish the State Board with such information as it may desire to include in its report to the General Assembly. (Source: P.A. 81‑1508.)

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