Distributed via Email: January 14, 2009

LEGISLATURE COMPLETES WORK; NEW GA

After two years of contentious relationships and underwhelming results, the 95^th Illinois General Assembly completed its work and adjourned Tuesday. The members of the new 96^th General Assembly were sworn in today (Wednesday).

The last two years have been marked by bitter battles among the House, Senate, and governor's office. The acrimony led to the legislature meeting nearly year-round in 2007 and 2008, with few results to show for it. No public infrastructure plan, no school construction bill, no tax structure changes or school funding reform was approved. A mountain of debt is causing the state to be delinquent in paying its bills. The governor has been impeached.

The 96th General Assembly is bringing a new sense of optimism to the Capitol with hopes of a more productive legislative session.

GOVERNOR CONVENES SENATE

Members of the Illinois State Senate were sworn into office today in the Capitol chamber. According to the Illinois State Constitution, on the first day of the January session, "the Governor shall convene the Senate to elect from its membership a President of the Senate as presiding officer." Of course, Governor Blagojevich was impeached this month by the House of Representatives and will be placed on trial by these very Senators later this month. Though many observers and participants were holding their breath to see if anything would go awry during the ceremony, nothing out of the ordinary occurred and the new Senators routinely took their seats.

The Senate plans to begin the impeachment trial on January 26.

HOUSE MEMBERS SEATED

Members of the Illinois House of Representatives attended their inaugural ceremony today in the auditorium at the University of Illinois – Springfield (UIS). Shortly after being sworn in, the members participated in their first vote of the new legislative session – the impeachment of the governor. The House voted 114-1 last week to impeach the governor – but that was in "the old" General Assembly. Since a new General Assembly has begun, the House took a new vote (117-1 to impeach) so it is on record with the current legislature.

HOUSE/SENATE DISAGREE ON WAIVER RESOLUTION

In November, the Illinois Senate approved a resolution that would approve all mandate waiver requests submitted this fall, but with limitations. The House of Representatives Tuesday attempted to remove some of those limitations.

As originally approved by the Senate, SJR 109 (Lightford, D-Maywood) would continue to allow school districts to use classroom driver's education simulators for a portion of the behind-the-wheel driver training component for one year – not the entire 5 year waiver that was requested. The school districts involved are: Aurora East USD 131; Chicago Public School District 299; Evanston THSD 202; and New Trier THSD 203.

According to the Senate version of SJR 109, Amboy CUSD 272, Manteno CUSD 5, and Oak Lawn CHSD 216 would have had their request for increasing driver's education fees capped at $250 per student – even though they requested to impose higher fees. The House removed this language so those school districts (and all school districts that filed a waiver request to increase their driver's education fees) would be able to impose the fee amount that they had petitioned for.

The House approved its amendment to the resolution to remove the fee limits and sent SJR 109 back to the Senate. The Senate, however, refused to accept the House amendment and sent the resolution back to the House of Representatives.

The mandate waiver law requires the House and Senate to approve the same resolution denying waiver requests in a certain timeline or all of the waiver requests are approved. The deadline for the legislature to act on a waiver resolution is January 20, 2009. The House is not scheduled to return to Springfield until February 4. Therefore, it seems that no resolution will be approved by the legislature to deny waiver requests and that all requests are deemed approved – including the 5 year waiver for those school districts to use simulators in the driver's education classroom.

The Alliance supports approval of all mandate waiver requests as local school districts need the flexibility the waiver law provides and each district knows best how to meet the needs of its students, staff and community.

ALLIANCE SUCCESSFUL AMENDING NEW LIBRARY RULE

In September, the Secretary of State's (SOS) office submitted proposed rules to the Joint Committee on Administrative Rules dealing with the Illinois State Library Grant Program. The rules, as originally written, would have allowed grant monitors to perform "announced or unannounced" visits to any library (including school libraries) that received funding through the Grant Program.

The Alliance contacted the Secretary of State's office to express concerns regarding "unannounced" visits in schools. For security reasons, school districts have strict policies and procedures regarding visitors on school property and that an "unannounced visit" may lead to a breach in security protocol. School districts also have schedules that optimize student learning time and attempt to avoid any unnecessary disruptions (such as an "unannounced visit") in the school day.

The SOS agreed with Alliance concerns and will modify the rule to only allow "scheduled" visits. To access the text of the original rulemaking, click on the following link and scroll down to page 93. Again, the revised rule will only define site visit as "a scheduled visit".

http://ilsos.net/departments/index/register/register_volume32_issue37.pdf

LEGISLATURE SENDS MORE BILLS TO GOVERNOR

Even though Governor Rod Blagojevich has been impeached by the House and is awaiting trial in the Senate, the legislature this week approved more than a dozen bills that will be sent to the governor for action. It is surprising to many that the legislature, after taking the unprecedented step of impeaching the chief executive because of his loss of the public trust, would empower him by sending to him more legislation on which to take action. The legislature does have 30 days before sending a bill to the Governor, so depending on the outcome of the impeachment trial, it may or may not be Governor Blagojevich sitting in the Governor's office when the bills arrive.

The following bill was approved by the legislature and sent to the Governor for action:

SB 101 (Link, D-Vernon Hills) creates a disabled persons' homestead exemption of $3,500 to be deducted from the disabled homeowner's property value as equalized or assessed by the Department of Revenue. The property must be occupied as a residence by the disabled person, the disabled person must be liable for paying the real estate taxes and must be an owner of record of the property. "Disabled person" is defined as a person who is unable to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment that will result in death or can be expected to last not less than 12 months. The chief county assessment officer will provide the forms for application.

NEW REQUIREMENTS FOR FAMILY AND MEDICAL LEAVE ACT

The U. S. Congress enacted legislation in 2008 creating new Family Medical Leave Act (FMLA) requirements for two types of family military leave. The effective date was delayed until implementation regulations were effective – which is January 16, 2009. The U.S. Department of Labor (DOL) used the legislation as an opportune time to update the entire body of FMLA regulations. Many of the updates are significant. IASB's February's PRESS issue will contain an updated FMLA policy and a new procedure, Resource Guide for Family and Medical Leave.

The DOL website contains model notices, certification forms, a poster, and fact sheets. These are listed below and may be used until a district has the opportunity to customize them. School officials should not rely exclusively on either PRESS or the DOL material to make implementation decisions. School officials should seek assistance from their attorneys to review and customize PRESS and/or DOL material.

U.S. Department of Labor website: http://www.dol.gov/esa/whd/fmla

Revised FMLA Poster: http://www.dol.gov/esa/whd/fmla/finalrule/FMLAPoster.pdf

Form for Employee's Condition: http://www.dol.gov/esa/whd/forms/WH-380-E.pdf

Form for Family Member: http://www.dol.gov/esa/whd/forms/WH-380-F.pdf

Form for Eligibility: http://www.dol.gov/esa/whd/fmla/finalrule/WH381.pdf

Form for Designation Notice: http://www.dol.gov/esa/whd/forms/WH-382.pdf

Qualifying Exigency: http://www.dol.gov/esa/whd/forms/WH-384.pdf

Certification for Serious Injury: http://www.dol.gov/esa/whd/forms/WH-385.pdf

Fact Sheet (Non-Military): http://www.dol.gov/esa/whd/fmla/finalrule/whdfs28.pdf

Fact Sheet (Military): http://www.dol.gov/esa/whd/regs/compliance/whdfs28a.pdf

*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.

General Assembly Bill Text/Status

Alliance Legislative Reports are Cosponsored by IASB and:
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