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GOVERNMENT RELATIONS


Alliance Legislative Report 96-04

Distributed via Email: February 20, 2009

State Officials Look at Stimulus Package

From the governor to the comptroller, to state agency chiefs and the state superintendent of education, all state officials are looking hard at what the newly enacted federal stimulus package will mean to the Fiscal Year 2010 State budget. By all accounts Illinois will receive billions of dollars; however exact amounts available through the American Recovery and Reinvestment Act of 2009 are still being determined. Illinois schools could receive as much as $3 billion from the program, according to the State Board of Education. For more information on what State Superintendent of Schools Chris Koch has to say on the stimulus law, please go to: http://www.isbe.net/board/archivemessages/2009/specialmessage_021909.pdf

The Illinois state budget is looking at a deficit of nearly $9 billion. Depending on the amount of federal assistance that is on the way, and how such funds may be spent, the federal stimulus bill could go a long way towards filling the budget hole.

HOUSE PANEL APPROVES ISBE RESTRUCTURE BILL

The House Elementary and Secondary Education Committee this week approved a bill that would change how members of the State Board of Education are appointed. Instead of allowing the governor to pick whomever he wishes, HB 80 (Lang, D-Chicago) would require the governor to choose appointees only from a list prepared by a nomination panel. The bill was approved unanimously by the House education committee and will now be considered by the full House.

The nomination panel would consist of: 2 former school superintendents, 1 former elementary school teacher, 1 former high school teacher, 2 former legislators involved in education issues, and one education advocate from a not-for-profit organization. The panel would be required to solicit recommendations from the Alliance and other school management groups (ED-RED, LEND, SCOPE), the IEA, the IFT, the regional superintendents’ organization, and several other interested groups.

As for the members of the state board of education, at least one would have to be a former school board member, at least one a former school superintendent, at least one a former teacher, and at least one with business experience. The board would still consist of 8 members plus a chairman. Board members would serve 6 year terms (now they serve 4 year terms).

ANNOUNCING 2009 SPECIAL EDUCATION PROCEDURES

The Illinois Council of School Attorneys has revised its Special Education Procedures due to the new federal regulations. The IASB website now contains:

  • NEW February 2009 memo describing the changes to IDEA regulations concerning parental consent, hearing rights, and monitoring and enforcement
  • REVISED February 2009, Special Education Procedures Assuring the Implementation of Comprehensive Programming for Children with Disabilities

All documents may be downloaded free of charge because the participating Illinois Council of School Attorneys’ special education committee members graciously donated their time and IASB covered all other costs. Just go to: http://www.iasb.com/law/icsaspeced.cfm

BILL ACTION THIS WEEK

HB 33 (Flowers, D-Chicago) requires Chicago public schools to have all K-8 schools provide recess. The bill was approved by the House Elementary and Secondary Education Committee and was sent to the House floor for consideration.

HB 78 (Cole, R-Grayslake) creates the Farm Fresh Schools Program Act to increase access to and promote the consumption of locally grown fruits and vegetables in schools. The bill contains no mandated provisions for school districts but does establish a competitive grant process for schools to participate in the program. The bill was approved by the House Agriculture and Conservation Committee and was sent to the House floor for consideration.

HB 156 (Pritchard, R-Hinckley), regarding the safety purposes for which surcharges imposed for certain violations of the special school zone speed limit may be used by school districts, it provides that those purposes include the Safe Routes to School Program and safety programs within the School Safety and Educational Improvement Block Grant Program. The bill was approved by the House of Representatives and was sent to the Senate for consideration.

HB 281 (Bellock, R-Westmont) requires school boards to adopt a policy on the management of students with life-threatening food allergies that contain guidelines developed by the State Board of Education, in conjunction with the Department of Public Health. The bill, opposed by the Alliance, was approved by the House Elementary and Secondary Education Committee and will likely be amended with an Alliance amendment on the House floor.

HB 325 (Fortner, R-West Chicago), regarding a school district that forms a part of a Cook County school unit that was under the jurisdiction and authority of the township treasurer and trustees of schools of a township at the time those offices were abolished, it allows the school treasurer to also be a member of the school board (now prohibited). The bill was approved by the House of Representatives and was sent to the Senate for consideration.

HB 363 (Soto, D-Chicago), for Chicago public schools, creates a Special Joint Chicago Facilities sub-committee to discuss school closings, openings, repairs, additions, school phase-outs, consolidations and boundary changes. The bill was approved by the House Elementary and Secondary Education Committee and was sent to the House floor for consideration.

HB 473 (Mitchell, J., R-Rock Falls) allows a school district that receives proceeds from the school facilities county sales tax to enter into an intergovernmental agreement with a municipality to share those proceeds. The bill was approved by the House Elementary and Secondary Education Committee and was sent to the House floor for consideration.

HB 557 (Chapa LaVia, D-Aurora) places elementary and secondary education facilities under the Interference with a Public Institution of Higher Education Act. A person commits interference with a public institution of education by denying school personnel or visitors freedom of movement at the institution or by interfering in other ways. The bill was approved by the House Elementary and Secondary Education Committee and was sent to the House floor for consideration.

HB 605 (Yarbrough, D-Broadview) extends the deadline set for the Ensuring Success in School Task Force to December 1, 2009. The bill was approved by the House Elementary and Secondary Education Committee and was sent to the House floor for consideration.

HB 618 (Ford, D-Chicago) requires that all receipts from the Illinois Lottery are to be distributed to each school district based upon the proportion of lottery sales in that school district in relation to statewide lottery sales. The bill, opposed by the Alliance, was approved by the House Executive Committee and was sent to the House floor for consideration.

HB 640 (Black, R-Danville) requires that all children in 3rd and 7th grades of any public, private, or parochial school to have a scoliosis screening performed by a licensed chiropractor. The bill, opposed by the Alliance, failed to gain approval by the Elementary and Secondary Education Committee.

HB 737 (Smith, D-Canton), an Alliance initiative, affects various aspects of the Illinois Distinguished Principal Leadership Institute. The bill was approved by the House Elementary and Secondary Education Committee and was sent to the House floor for consideration.

SB 39 (Althoff, R-Crystal Lake) allows a teacher to establish credit for certain leaves of absence due to pregnancy. The employee must pay for the additional costs to the pension system. The bill was approved by the Senate Pensions and Investments Committee and was sent to the Senate floor for consideration.

SB 43 (Clayborne, D-E. St. Louis) expands the scope of the Prevailing Wage Act to cover all public works projects located in an enterprise zone. The bill, opposed by the Alliance, was approved by the Senate Labor Committee and was sent to the Senate floor for consideration.

SB 269 (Demuzio, D-Carlinville) increases the fees for the regional superintendent of schools’ courses on instruction for school bus drivers. Receipts from the increase shall be deposited into a State Board of Education revolving account specifically dedicated to school bus safety. The bill was approved by the Senate Executive Committee and was sent to the Senate floor for consideration.

BILLS SCHEDULED FOR COMMITTEE NEXT WEEK

HOUSE ELEMENTARY AND SECONDARY EDUCATION COMMITTEE
Wednesday, Feb. 25, 8 a.m., Room 114, State Capitol

HB 900 (Jakobsson, D-Champaign) requires the State Advisory Council on the Education of Children with Disabilities and the Advisory Council on the Education of Gifted and Talented Children to research and discuss best practices to address the needs of children who are gifted and have a disability, "twice-exceptional" children. The councils must jointly meet and make recommendations to the State Board of Education.

HB 944 (Eddy, R-Hutsonville) disallows certification of a school district as in financial difficulty as a result of the failure of the Comptroller to disburse General State Aid, special education reimbursements, summer school payments, and transportation reimbursement.

HB 945 (Davis, M., D-Chicago) prohibits the Chicago Board of Education from establishing a contract school.

HB 955 (Reitz, D-Sparta), an Alliance initiative, provides that a pupil who becomes non-resident during a grading period or school term (instead of just school term) shall not be charged tuition for the remainder of the grading period in which he or she became a non-resident pupil.

HB 972 (Chapa LaVia) requires a public school to hold a moment of silence if school is in session on November 11, Veterans’ Day.

HB 973 (Chapa LaVia) provides that the Comprehensive Health Education Program shall include instruction in grades 8-12 on teen dating violence.

HB 979 (Coulson, R-Glenview) provides that for students with an Individualized Education Plan at the age of 14 ½, the IEP must include measurable postsecondary goals based upon age appropriate transition assessments and information that is related to training, education, employment and independent living skills. The bill contains many other changes in this area.

HB 987 (McCarthy, D-Orland Park) requires schools to provide transportation for pupils residing a distance of 1 mile instead of 1 ½ miles or more from school.

HB 999 (Eddy) allows a school district to establish a line of credit not to exceed 95% of the amount of property taxes most recently levied for educational, operations and maintenance, transportation or other tax levy purposes or any combination thereof. Moneys borrowed shall be applied to the purposes for which the tax or any combination of taxes may be levied.

HB 1035 (Flider, D-Mt. Zion) requires the State Board of Education to promote an annual campaign about disability history. It requires school districts to provide instruction on disability history, people with disabilities and the disability rights movement.

HB 1036 (Flider) establishes the Community Service Education Task Force.

HB 1106 (Eddy) provides that when calculating reimbursement for transportation costs, the State Board of Education may not deduct the number of pupils enrolled in early childhood education if the pupils enrolled are transported at the same time as other eligible pupils.

HB 1108 (Eddy), beginning July 1, 2009, an advisory board for professional development shall be established within each region or group of regions operating as a part of an intergovernmental agreement. The board will advise the regional superintendent concerning the planning and delivery of professional development programs and services.

HB 1190 (Smith, D-Canton) clarifies which employees are eligible for the special education personnel reimbursement.

HB 1197 (Black) provides that if St. Joseph-Ogden CHSD 305 has levied and the county clerk has extended the taxes for health/life safety purposes without certificates of the regional superintendent of schools and the State Board of Education, then the tax levies and extensions and expenditures by the school district are valid.

*This list contains only those bills newly posted for the committee. All bills previously scheduled for hearing and reported in the Alliance Legislative Report are also posted for next week’s hearing. For the full list of bills scheduled for this committee, please go to: http://www.ilga.gov/house/committees/hearing.asp?CommitteeID=587&GA=96

HOUSE HUMAN SERVICES COMMITTEE
Wednesday, Feb. 25, 8 a.m., Room D-1, Stratton Office Building

HB 990 (Ford) prohibits public school cafeterias from using vegetable oils containing trans fats.

HOUSE VEHICLES & SAFETY COMMITTEE
Wednesday, Feb. 25, 10 a.m., Room 115, State Capitol

HB 166 (Coulson) requires that, beginning July 1, 2010, each school bus that is purchased new shall be equipped with seat safety belts for each passenger and requires the State Board of Education to adopt rules to ensure that school districts require all passengers on those buses to wear seat safety belts.

HB 943 (Eddy) authorizes the Secretary of State to conduct random drug testing of applicants for driver instruction permits who are under the age of 18. The Secretary may not issue a permit to an applicant who tested positive for the presence of any controlled substance or cannabis and a person who tests positive for any controlled substance or cannabis must be found to be free of controlled substances and cannabis before he or she may receive an instruction permit.

HOUSE PUBLIC POLICY & ACCOUNTABILITY FOR EDUCATION COMMITTEE
Wednesday, Feb. 25, 2 p.m., Room 115, State Capitol

HB 744 (Ryg, D-Vernon Hills) contains many of the school district accountability measures as promoted by the Metropolitan Mayors’ Caucus regarding a district's annual audit, the adoption of a formal, written financial policy, the development of a long-term financial plan and a 5-year capital improvement plan, and the inclusion of a user-friendly executive summary as part of a district's budget. Though this version of the bill includes many changes and improvements made at the request of the Alliance, the bill still contains provisions for an Education Inspector General and mandatory school board member training that are opposed by the Alliance.

HB 788 (Rita, D-Blue Island) allows the State Board of Education to certify that a school district is in "management difficulty". If so designated, the State Board can ultimately appoint a Management Oversight Panel for the school district that takes over all of the powers of the superintendent and school board.

HOUSE LABOR COMMITTEE
Wednesday, Feb. 25, 2 p.m., Room 118, State Capitol

HB 58 (Reis, R-Olney) makes changes to the Comprehensive Workers’ Compensation Act to provide that the accident must be the prevailing factor of the medical condition and disability, limits certain cumulative awards, prohibits compensation for injuries caused by alcohol or drugs, changes evidentiary matters, and requires performance audits of arbitrators.

HB 163 (Tryon, R-Crystal Lake) amends the Prevailing Wage Act to provide that the publication of a prevailing wage determination shall include a notice that the determination is effective and how or where the determination is available for inspection.

HB 374 (Turner, D-Chicago) creates the Abusive Work Environment Act that would allow employees to sue employers for actions that "a reasonable person would find hostile, offensive and unrelated to an employer's legitimate business interests." Employers found liable under the new Act could be forced to pay damages for lost wages, medical damages, emotional distress, and punitive damages along with attorney's fees for alleged acts that occurred up to one year prior.

HB 952 (Beiser, D-Alton) amends the Prevailing Wage Act to provide that the Act applies to the demolition of public works.

SENATE EDUCATION COMMITTEE
Wednesday, Feb. 25, 4 p.m., Room 409, State Capitol

SB 102 (Trotter, D-Chicago) prohibits public school cafeterias from using vegetable oils containing trans fats.

SB 123 (Demuzio) reduces the probationary period before achieving tenure for a teacher to two years (instead of four years), if the teacher had acquired tenure previously in another school district.

SB 182 (Cronin, R-Elmhurst) removes the limit on the total number of charter schools that may operate at any one time.

SB 187 (Maloney, D-Chicago), an Alliance initiative, allows for a chief school business official endorsement if, among other conditions, the certificate holder has 2 years of university-approved practical experience (as an alternative to requiring 2 years of administrative experience in school business management).

SB 226 (Martinez, D-Chicago) makes changes to the Grow Your Own Teacher Education Initiative.

SB 235 (Lightford, D-Chicago), an Alliance initiative, affects various aspects of the Illinois Distinguished Principal Leadership Institute.

SB 1276 (Demuzio), an Alliance initiative, establishes a superintendent mentoring program. For those
individuals who begin serving as a superintendent on or after July 1, 2009 and has not previously served as a school district superintendent in this State, he/she shall participate in a new superintendent mentoring program for the duration of his or her first 2 school years as a superintendent.

SB 1293 (Clayborne) adjusts school district debt limitations for Belle Valley S.D. #119.

SB 1412 (Harmon, D-Oak Park), with respect to the Early Childhood Education Block Grant, provides that not less than 11% (instead of exactly 11%) of the grant shall be used to fund programs for children ages 0-3.

*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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