Distributed via Email: November 25, 2008

LEGISLATURE IS DONE FOR THE YEAR

Both the Illinois House of Representatives and Senate met last Wednesday and Thursday (Nov. 19 and 20) and concluded their work until next January. Though several minor pieces of legislation were considered, no official discussion was given to the meatier issues such as: the State budget deficit, capital projects/school construction, additional ethics reform, or school funding reform.

The 95^th General Assembly will meet for two more days – Monday, Jan. 12, and Tuesday, Jan. 13. This will be the last chance for any current legislation to progress. On Wednesday, Jan. 14, the newly elected 96^th General Assembly will be sworn in and all new legislation will have to be introduced.

NEW SENATE LEADERSHIP SELECTED

There was big news in the Senate on the political front, however. The Senate Democrats last week elected Senator John Cullerton (Chicago) to be the new Senate President. In January he will replace the retiring Senator Emil Jones, Jr. (Chicago).

Likewise, the Senate Republicans chose their new leader last week. Senator Christine Radogno (Lemont) was elected as the Senate Minority Leader. In January, she will replace Senator Frank Watson (Greenville) who is stepping down as the caucus leader for the Republicans.

These changes will certainly change the political dynamic in the Capitol next spring. Major decisions and the political agenda are largely made by the Governor and the four legislative leaders. Cullerton and Radogno will now join House Speaker Michael Madigan (D-Chicago) and House Minority Leader Tom Cross (R-Oswego) at the table when meeting with Governor Rod Blagojevich.

Out-going President Jones was Governor Blagojevich’s number-one ally in the capitol. Many insiders are now waiting anxiously to see how this political change will affect the decision-making on the major issues of budget, taxation, statewide infrastructure, and school funding reform.

GOVERNOR’S BUDGET PLAN GOES NOWHERE

With the state facing a budget deficit in the billions of dollars, and with economic forecasters predicting even less revenues coming into the state over the next six months, State officials are bracing themselves for a big budget crunch. Governor Blagojevich last week announced his intentions to pass the "Emergency Budget Act" to allow him to withhold 8 percent of the total Fiscal Year 2009 appropriations and distributions. Appropriations for the State Board of Education would be included under the governor’s plan.

Whether you call the budget cuts "rescissions", "reserves", "contractions", or "hold-backs", legislators wanted no part in allowing the governor to have total control of the entire state budget. Under the plan, the governor’s office would generally have had the authority to hold or release funds where it saw fit. No bill moved last week containing the governor’s plan.

However, most observers expect that something will be done early next year to address the budget deficit problem. Mid-year budget cuts and short-term borrowing are expected. At the IASB/IASA/IASBO annual conference last weekend, legislators and representatives of the State Board of Education warned of dismal budgets for public education.

SENATE ADDRESSES MANDATE WAIVER REQUESTS

The Illinois Senate last week approved a resolution that would approve all mandate waiver requests submitted this fall, but with limitations. SJR 109 (Lightford, D-Maywood) was amended with the waiver language in the Senate Education Committee and was approved by the entire Senate last Thursday.

Several school districts petitioned for a waiver to allow their driver’s education programs to continue to use classroom simulators for a portion of the behind-the-wheel driver training component. The Senate resolution would grant the waivers, but for only one year (instead of the five year waiver requested). The school districts involved are: Aurora East USD 131; Chicago Public School District 299; Evanston THSD 202; and New Trier THSD 203.

Three school districts would receive a waiver regarding driver’s education fees under the Senate resolution. Though the districts may have requested a fee higher – the resolution would allow for a fee of $250 per student. These school districts are: Amboy CUSD 272; Manteno CUSD 5; and Oak Lawn CHSD 216.

All other mandate waiver petitions sent to the General Assembly would be approved under the SJR 109. However, the House must approve the identical resolution when it returns in January.

OTHER BILL ACTION LAST WEEK

HB 4890 (Myers, R-Macomb) was amended in the Senate by Senator Susan Garrett (D-Lake Forest) to address food allergies in school students. The amended bill would require the State Board of Education, in conjunction with the Department of Public Health, to develop and make available to each school board guidelines for the management of students with life-threatening food allergies. It would require each school board to implement a policy based on these guidelines no later than January 1, 2010. The bill, opposed by the Alliance, was approved by the full Senate and sent to the House of Representatives for consideration.

SB 266 (Crotty, D-Oak Forest) was the vehicle for an amendment in the House Elementary and Secondary Education Committee. Representative Monique Davis (D-Chicago) attempted to amend the bill with a provision that would prohibit a school district from suspending a student or giving a detention to a student who violates the district’s cell phone use policy. The amendment, opposed by the Alliance, was defeated in the committee.

SB 934 (DeLeo, D-Chicago) requires employers (including school districts) to provide individuals under 21 years of age coverage for autism spectrum disorders to the extent that the diagnosis and treatment of autism spectrum disorders are not already covered by the policy or plan. The bill was approved by both chambers and will be sent to the Governor for consideration.

SB 1290 (Koehler, D-Peoria) allows a county board to, by referendum, impose a sales tax for the purpose of building public facilities for the county. The bill was approved by the House of Representatives on Nov. 13^th and signed into law by the governor on Nov. 20^th. The bill is now Public Act 95-1002, effective Nov. 20, 2008.

SB 1529 (Forby, D-Benton) cancels all contracts between the Illinois Department of Corrections or the Illinois Department of Juvenile Justice and the Macon-Piatt Regional Office of Education. It provides that upon cancellation, each employee of the Macon-Piatt Regional Office of Education who had been providing educational services for the Department of Corrections or the Department of Juvenile Justice shall be offered certified employment status under the Personnel Code with the State of Illinois. The bill was approved by both chambers and will be sent to the Governor for consideration.

SB 2824 (Demuzio, D-Carlinville) allows for flexibility for a school district in how it extends taxes to pay the principal and interest on any bonds issued exclusively to refund bonded indebtedness after a school district annexation. The bill was drafted narrowly to only affect the Pana school district. The bill was approved by both chambers and will be sent to the governor for consideration.

SB 2858 (Trotter, D-Chicago) prohibits a school cafeteria from cooking with or using any oils containing trans fats. The bill, opposed by the Alliance, was defeated on the House floor on a vote of 39-71.

*The legislative report is written and edited by the lobbyists of the Illinois Association of School Boards to provide information to the members of the organizations that comprise the Statewide School Management Alliance.

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