Distributed via Email: March 13, 2009

WORK CONTINUES; BUDGET ADDRESS COMING

The Illinois General Assembly worked feverishly this week in an attempt to consider all bills that were scheduled for a committee hearing. Thursday was the deadline to have bills approved by a substantive legislative committee. Literally, thousands of bills were posted for committee consideration this week and now the focus will shift to the chamber floors for consideration by the entire legislative bodies.

Expect to see a clearer picture of the State's Fiscal Year 2010 budget outline next week. Governor Pat Quinn will deliver his first state budget address when he appears before a joint session of the General Assembly on Wednesday. A statewide public infrastructure program, new state revenue sources, and allocation of the federal "stimulus" money are expected to be some of the significant issues addressed.

REVENUE COMMITTEES HANDLE HUNDREDS OF BILLS

The Senate Revenue Committee this week had 72 bills on its agenda; the House Revenue Committee listed 235 bills scheduled for consideration. Most, of course, were not called for a vote. The vast majority of the bills contained either proposed new state income tax credits (which would erode the revenue stream of income taxes into the state) or new local property tax exemptions (which would erode the revenue stream of local property taxes into local governments). At a time of a reported $10 billion state budget deficit, the Alliance opposed all bills with tax credits or exemptions. Below are the highlights of revenue committee action.

SB 1552 (Pankau, R-Bloomingdale) expands the Senior Citizen Assessment Freeze to include disabled persons. The bill, opposed by the Alliance, was approved by the Senate Revenue Committee and sent to the Senate floor for consideration.

SB 1691 (Althoff, R-Crystal Lake) increases the income criteria from $50,000 to $55,000 for access to the Senior Citizens Real Estate Tax Deferral Act and ties the Senior Citizens Assessment Freeze income criteria to this provision. The bill, opposed by the Alliance, was approved by the Senate Revenue Committee and sent to the Senate floor for consideration.

SB 1990 (Noland, D-Elgin) for Tax Increment Financing, provides that annual revenues in excess of the budget for a project area must be returned to the affected taxing districts; all redevelopment project areas must be approved by the governing authorities of the taxing districts impacted; and requires the municipality to create a citizen review panel for any redevelopment project area created by a municipality and that the municipality must seek the advice of the citizen review panel concerning budget and goals for the project areas. The bill, supported by the Alliance, was held in the Senate Revenue Committee.

SB 2126 (Viverito, D-Burbank), an initiative of the Alliance and local government groups, provides that the extension limitation under PTELL may be no less than 2%. The bill was held in the Senate Revenue Committee with a commitment from the chairman to extend the deadline to have the bill considered at a later date.

SB 2283 (Althoff) provides certain calculations to the State Aid Formula for Huntley schools due to an anomaly in how Equalized Assessed Valuation is estimated and calculated when a school district crosses more than one county boundary. The bill was approved by the Senate Revenue Committee and sent to the Senate floor for consideration.

HB 1 (Bradley, D-Marion), beginning July 1, 2009, adds an 8 cent per gallon surcharge on motor fuel to be deposited in the GROW Illinois Fund for debt service and capitol improvements. The increase would apply to fuel used by school districts as well. The bill, opposed by the Alliance, was approved by the House Revenue and Finance Committee and sent to the House floor for consideration.

HB 220 (Schmitz, R-Geneva) if the Department of Revenue determines that any property has been unlawfully exempted from taxation then that property is considered to be omitted property and may be assessed as set forth under the Code. The bill was approved by the House Revenue and Finance Committee and sent to the House floor for consideration.

HB 242 (Nekritz, D-Des Plaines), an initiative of the Alliance and other local government groups, provides that the debt service extension base must be increased each year by the Consumer Price Index percentage increase for the previous calendar year, not to exceed 5%. The bill was approved by the House Revenue and Finance Committee and sent to the House floor for consideration.

HB 250 (Joyce, D-Worth) requires the Cook County assessor, before Oct. 1, 2009, to reassess all property in the county that is not a part of the general 2009 general assessment year. The bill was approved by the House Revenue and Finance Committee and sent to the House floor.

HB 493 (Pritchard, R-Sycamore), an Alliance initiative, allows a taxing district to add an explanation of the Property Tax Extension Limitation Law (PTELL) to the Truth in Taxation Notice. The bill was approved by the House Revenue and Finance Committee and sent to the House floor.

HB 1124 (Miller, D-Dolton), an Alliance initiative, allows a school district to hold a referendum to remove Health and Life Safety levy from PTELL. The bill was approved by the House Revenue and Finance Committee and sent to the House floor for consideration.

HB 2502 (Turner, D-Chicago), an initiative of the Alliance and other local government groups, provides that the extension limitation under PTELL may be no less than 2%. The bill was approved by the House Revenue and Finance Committee and sent to the House floor for consideration.

The following bills providing Tax Increment Financing district extensions were approved by the House Revenue and Finance Committee and sent to the House floor for consideration.

HB 241 (Sommer, R-Mackinaw) – Downs and additional revisory changes for Libertyville

HB 870 (Brauer, R-Petersburg) and SB 227 (Bomke, R-Springfield) – Sherman

HB 1086 (Reitz, D-Sparta) – Steeleville

'HOT BILL' ACTION FROM THE WEEK

SB 1885 (Hultgren, R-Winfield) & HB 640 (Senger, R-Naperville) provide that a "disruptive student" includes suspension or expulsion eligible students and students against whom juvenile or criminal proceedings alleging the commission of a felony are pending (instead of just suspension or expulsion eligible students). The bills were approved by their chamber's education committees and were sent to their respective floors for consideration.

SB 2071 (Haine, D-Alton) contains ISBE's teacher misconduct proposal regarding the reporting and monitoring of teachers convicted of felony offenses. The bill was approved by the Senate Education Committee and was sent to the Senate floor for consideration.

SB 2270 (Cronin, R-Elmhurst) requires school districts to annually submit to the ISBE an itemized salary compensation report for every certificated employee in the district, including teachers, administrators, and the district superintendent. The bill was approved by the Senate Education Committee and was sent to the Senate floor. Further amendments are expected on the bill.

HB 548 (Pihos, R-Glen Ellyn) provides that for paid sick leave for adoption or placement for adoption, the school board may require that the teacher or other employee provide evidence that the formal adoption process is underway, and such leave is limited to 30 days unless a longer leave has been negotiated with the exclusive bargaining representative. It also provides that a school board may require a certificate from a physician, advanced practice nurse, physician assistant, or spiritual adviser or practitioner as a basis for pay during leave after an absence of 30 days for birth. The bill was approved by the House of Representatives and was sent to the Senate for consideration.

HB 835 (Coulson, R-Glenview) provides that the determination of eligibility for special education must be made and the IEP must be completed within 60 calendar days from the date of written parental consent for both pre-kindergarten students and for all other special education students. The bill, opposed by the Alliance, was approved by the House Elementary and Secondary Education Committee and was sent to the House floor for consideration with an agreement from the sponsor to amend after further discussion.

HB 1313 (Senger) provides that the gross disobedience or misconduct for which a school board may expel pupils includes that perpetuated by electronic means. This includes the authority to suspend a student for a certain period of time or may expel a student for a definite period of time for certain internet-related offenses. The bill, supported by the Alliance, was approved by the House Computer Technology Committee and was sent to the House floor for consideration.

OTHER BILL ACTION FROM LAST WEEK

SB 186 (Lightford, D-Maywood) requires Cook County to provide the regional superintendent of schools a suitable office with necessary furniture and office supplies. The bill was approved by the Senate Education Committee and was sent to the Senate floor for consideration.

SB 1391 (Clayborne, D.E. St. Louis) requires the State Board of Education to adopt rules to provide standards for the certification of marital and family therapists employed by school boards. The bill was approved by the Senate Education Committee and was sent to the Senate floor for consideration.

SB 1557 (Delgado, D-Chicago) requires every public elementary school and high school to include in its curriculum a unit of instruction studying the events related to the forceful removal and illegal deportation of almost 2,000,000 Mexican-American U.S. citizens during the Great Depression. The bill, opposed by the Alliance, was approved by the Senate Education Committee and was sent to the Senate floor for consideration. An Alliance amendment will be added to the bill to make it less burdensome on school districts.

SB 1570 (Pankau) creates the School Wind and Solar Generation Program to fund wind generation projects and solar generation projects for school districts and community college districts. It also allows school districts and community college districts to own and operate solar generation turbine farms (not just wind generation turbine farms) that directly or indirectly reduce energy or other operating costs. The bill was approved by the Senate Energy Committee and was sent to the Senate floor for consideration.

SB 1599 (Koehler, D-Pekin) requires a school board to only purchase or lease vehicles assembled in the United States that are used for the practice driving part of a driver education course offered by the school district.  The bill, opposed by the Alliance, was approved by the Senate Commerce Committee and was sent to the Senate floor.

SB 1665 (Jacobs, D-Moline) requires the Comprehensive Health Education Program to include

information about cancer and requires IHSA to include a question asking whether a student has a family history of cancer on any pre-participation examination form given to students participating or seeking to participate in interscholastic athletics. The bill was approved by the Senate Public Health Committee and was sent to the Senate floor for consideration.

SB 1675 (Murphy, R-Palatine) requires all 7^th graders and all high school students enrolled in U.S. History to view the Congressional Medal of Honor film made by the Congressional Medal of Honor Society. Compliance is not required if the Society charges the school district a fee for the film. The bill was approved by the Senate Education Committee and was sent to the Senate floor for consideration.

SB 1769 (Steans, D-Chicago) adds new requirements regarding a school district's procedures for applying pesticides to outdoor school property. The bill, opposed by the Alliance, was approved by the Senate Consumer Protection Committee with the understanding that an amendment will be adopted to address Alliance concerns.

SB 1796 (Lightford) establishes the Illinois Hope and Opportunity Pathways through Education (IHOPE) Program to develop a comprehensive system in this State to re-enroll significant numbers of high school dropouts in programs that will enable them to earn their high school diploma. The bill was approved by the Senate Education Committee and was sent to the Senate floor.

SB 1828 (Steans) is a State Board of Education initiative that creates the P-20 Longitudinal Education Data System Act. The bill was approved by the Senate Education Committee and was sent to the Senate floor for consideration.

SB 1853 (Link, D-Vernon Hills) allows a school district to contract for administrative services or alternative facilities in order to comply with the requirements of the Children with Disabilities Article of the School Code. The bill, supported by the Alliance, was approved by the Senate Education Committee and was sent to the Senate floor for consideration.

SB 1882 (Cronin) establishes a task force to explore and examine all duties of the State Board of Education and regional offices of education in order to determine which duties and responsibilities a regional office of education could more appropriately and efficiently deliver to school districts. The bill was approved by the Senate Education Committee and was sent to the Senate floor.

SB 1884 (Burzynski, R-Sycamore) allows a school board to excuse pupils in grades 9 through 12 who are in a dual credit/graduation program from engaging in physical education courses. The bill, supported by the Alliance, failed in the Senate Education Committee.

SB 1956 (Demuzio, D-Carlinville) makes changes with respect to days that are used for an in-service training program for teachers and parent-teacher conferences regarding the compilation of average daily clock hours standard. The bill was approved by the Senate Education Committee and was sent to the Senate floor for consideration.

SB 1957 (Demuzio) makes changes to the requirements and reporting dates for the school breakfast program. The bill was approved by the Senate Education Committee and was sent to the Senate floor.

SB 1977 (Meeks, D-Chicago) makes numerous changes throughout the School Code to make technical and clarification changes. The bill was approved by the Senate Education Committee and was sent to the Senate floor for consideration.

SB 1984 (Lightford) provides that a charter school shall comply with all provisions of the Illinois Educational Labor Relations Act. The bill was approved by the Senate Education Committee and was sent to the Senate floor for consideration.

SB 2014 (Demuzio) provides that a school district shall afford students one opportunity (instead of 2 opportunities) to take the Prairie State Achievement Examination beginning as late as practical during the spring (instead of second) semester of grade 11. The bill was approved by the Senate Education Committee and was sent to the Senate floor for consideration.

SB 2119 (Steans) creates a task force to develop strategies to allow for the innovation, intervention, and restructuring of schools, including those that need comprehensive or focused intervention. The bill was approved by the Senate Education Committee and was sent to the Senate floor for consideration.

SB 2220 (Lightford), as amended, clarifies that a certificated teacher coming to Illinois from another State does not have to pass a test of basic skills, but must pass a test of subject matter knowledge. The bill was approved by the Senate Education Committee and was sent to the Senate floor.

SB 2268 (Lauzen, D-Aurora) establishes the Autism Scholarship Program to permit the parent of a qualified special education child the choice to send the child to a special education program, instead of the one operated by or for the school district in which the child is entitled to attend school. The bill, opposed by the Alliance, was discussed in the Senate Education Committee but no vote was taken and the bill did not advance.

SB 2277 (Cronin) creates a task force to study the impact of carrying and transporting student textbooks and textbook weight on the health of Illinois students within the kindergarten through grade 12. The bill was approved by the Senate Education Committee and was sent to the Senate floor.

HB 16 (Flowers, D-Chicago) as amended, allows Chicago children who have attended preschool and will attain the age of 5 years on or before December 31 of the year of the 2009-2010 school term and each school term thereafter to attend school upon commencement of such term (now, a child must attain age 5 on or before Sep. 1). The bill was approved by the House Elementary and Secondary Education Committee and was sent to the House floor for consideration.

HB 209 (Golar, D-Chicago) provides that if a charter school fails to fulfill any of the part of the charter then the local school board or the State Board of Education (if it granted the charter) shall notify the charter school in writing of non-renewal or revocation and the charter school must then submit a plan to rectify the problem and implement the plan. If the charter school fails to rectify the problem, then the charter must be revoked or not renewed. The bill, supported by the Alliance, 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; use of property or facilities; right of ingress or egress; interference with the duties; pursuit of activities as determined by the institution or knowingly occupying any building or property after due notice to depart. The bill was approved by the House of Representatives and was sent to the Senate.

HB 725 (Watson, R-Jacksonville) encourages school boards to implement American Sign Language (ASL) courses into school foreign language curriculum. The bill was approved by the House Elementary and Secondary Education Committee and was sent to the House floor for consideration.

HB 806 (Fortner, R-West Chicago) provides that children who have attended a state-certified, private preschool and continued their education at that school through kindergarten, and who will attain age 6 on or before Dec. 31, may attend first grade upon commencement of such term. The bill was approved by the House Elementary and Secondary Education Committee and was sent to the House floor for consideration.

HB 809 (Fortner), regarding school districts that enter into joint agreements for special education services, removes the petition requirement for removal or addition if all members adopt concurring resolutions. It also provides that the contract of a director of a joint agreement program may not be offered or accepted for less than 1 year or more than 3 years. The bill was approved by the House Elementary and Secondary Education Committee and was sent to the House floor for consideration.

HB 973 (Chapa LaVia) provides that the Comprehensive Health Education Program shall include instruction in grades 8-12 on teen dating violence. The bill was approved by the House Elementary and Secondary Education Committee and was sent to the House floor for consideration.

HB 1190 (Smith, D-Canton) clarifies which employees are eligible for the special education personnel reimbursement. The bill was approved by the House Elementary and Secondary Education Committee and was sent to the House floor for consideration.

HB 2291 (Miller, D-Dolton) requires each school board to assess annually the physical fitness levels of all students in grades 5, 7, and 9 and that results shall be reported on the school district's school report card along with the average number of minutes per week of physical education for each grade level. The bill, opposed by the Alliance, was approved by the House Elementary and Secondary Education Committee and was sent to the House floor for consideration.

HB 2362 (Smith), to the provisions providing for exceptions from the bidding requirement that certain contracts be awarded to lowest responsible bidder, adds contracts for transportation of special education students. The bill was approved by the House Elementary and Secondary Education Committee and was sent to the House floor for consideration.

HB 2386 (Hernandez, D-Cicero) as amended, the bill provides that in order to receive a high school diploma in the Cicero schools, each student entering the 9^th grade in 2010-11 and thereafter must complete at least 40 hours of community service. The bill, opposed by the Alliance, was approved by the House Elementary and Secondary Education Committee and was sent to the House floor.

HB 2674 (Eddy, R-Hutsonville), as amended, upon expiration of the contract of the school district's superintendent, a school district under the authority of a Financial Oversight Panel may appoint a district superintendent with a Type 75 certificate or a chief executive officer who has the skills of school operations and school finance. The bill was approved by the House Elementary and Secondary Education Committee and was sent to the House floor for consideration.

HB 2675 (Eddy) authorizes a school board after a public hearing, to hold school or schedule teacher' institutes, parent-teacher conferences, or staff development on certain school holidays if the reason for the holiday is recognized through instructional activities on another day before or after that day. The bill, supported by the Alliance, was approved by the House Elementary and Secondary Education Committee and was sent to the House floor for consideration.

HB 2676 (Eddy) allows a school district to petition to the State Board of Education to establish a Financial Oversight Panel for the district and allows the ISBE to establish a Financial Oversight Panel without petition from a district. The bill, opposed by the Alliance, was approved by the House Elementary and Secondary Education Committee and was sent to the House floor for consideration.

HB 3673 (Gordon, J. D-Peoria), when determining Available Local Resources for General State Aid, provides that the Corporate Personal Property Replacement Taxes paid to each district during the calendar year one year (instead of 2 years) before the calendar year in which a school year begins, divided by Average Daily Attendance, shall be added to the local property tax revenues per pupil. The bill, supported by the Alliance, was approved by the House Elementary and Secondary Education Committee and was sent to the House floor for consideration.

HB 3688 (Davis,W., D-Hazel Crest) provides that the Community Service Education Program must be jointly administered by the State Board of Education and the Office of the Lieutenant Governor (instead of being administered solely by the State Board). The bill was approved by the House State Government Administration Committee and was sent to the House floor for consideration.

HB 3731 (Mathias, R-Buffalo Grove) allows school boards to award diplomas to honorably discharged veterans who served in the Vietnam Conflict. The bill was approved by the House Elementary and Secondary Education Committee and was sent to the House floor for consideration.

HB 3787 (Tryon, R-Crystal Lake) suspends the requirement that school bus drivers complete an annual refresher course to maintain a school bus driver permit if the driver is on active duty in the military. The bill was approved by the House Vehicles and Safety Committee and was sent to the House floor for consideration.

HB 3982 (D'Amico, D-Chicago) removes the provision in the School Code that allows a school district to transport students to and from an interscholastic athletic or other interscholastic or school-sponsored activity in a van. The bill was approved by the House Vehicles and Safety Committee and was sent to the House floor for consideration.

HB 4038 (Schmitz, R-Batavia) authorizes 7-8 grade students to enroll in a high school course. It allows participation where the student attends school so long as the course is taught by a certified high school teacher who teaches in a high school where the student will attend and no high school students are enrolled in the course. The bill, supported by the Alliance, was approved by the House Elementary and Secondary Education Committee and was sent to the House floor for consideration.

HB 4223 (May, D-Highwood), as amended to address Alliance concerns, recommends that every school building be tested every 5 years for radon and that new schools be built using radon resistant new construction techniques. It requires the district to report radon test results to the State Board of Education. The bill was approved by the House Elementary and Secondary Education Committee and was sent to the House floor.

HB 4318 (Vershoore, D-Rock Island) provides that a school board shall require that high school students participating in sports have a hernia check performed before being allowed to participate. Also, the bill provides that a school board shall require that any pre-participation physical examination form a student must have completed before participating in sports include the question of whether the student's family has a medical history of cancer. Additionally, the legislation requires that the Comprehensive Health Education Program must include, in grades 9 through 12, instruction on testicular cancer. The bill, opposed by the Alliance, was approved by the House Elementary and Secondary Education Committee and was sent to the House floor with an agreement from the sponsor to address Alliance concerns.

HB 4323 (McAsey, D-Crest Hill), as amended, allows Type 40, jointly owned vocational education cooperatives access to the school construction grant or school maintenance project grant programs. The bill, opposed by the Alliance, was approved by the House Elementary and Secondary Education Committee and was sent to the House floor for consideration.

*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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