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GOVERNMENT RELATIONS


Alliance Legislative Report 96-15

Distributed via Email: April 30, 2009

The Illinois legislature finished up another busy week and now head into the final month of the legislative session. The scheduled adjournment for the spring session is set for May 31.

PANDEMIC FLU PREPAREDNESS

The Illinois Association of School Boards has been proactive in the area of preparedness for a possible health crisis. In 2006, a resolution was proposed to the association urging the IASB to disseminate information to school districts on how districts can best be prepared for some type of pandemic (such as the Swine Flu). This proposal was adopted as Belief Statement # 9: http://www.iasb.com/beliefs.pdf

Subscribers to the IASB PRESS service received a sample policy in 2007 on Pandemic Preparedness, as well as administrative procedures entitled School Action Steps for Pandemic Influenza and Pandemic Influenza Surveillance and Reporting. IASB is now making these documents available to all school districts regardless of whether they are PRESS subscribers. If you would like a copy, please contact: Loretta Cotten, Lcotten@iasb.com, 630-629-3776 ext. 1237.

More information on the swine flu and pandemic preparedness will be available on the IASB website on Friday, May 1.

MANDATES CONTINUE TO EMERGE

More bills containing mandates for school districts are being initiated in the Capitol. Specifically this week, a bill was rammed through regarding school buses. SB 932 (Cullerton, D-Chicago), with an amendment sponsored by Senator James DeLeo (D-Chicago) that would require all school buses to be equipped with a Global Positioning System that allows the location of the school bus to be tracked and would require all school bus drivers to carry a cell phone or two-way radio at all times, was approved by the Senate Executive Committee. It also would require the district to adopt, as part of its post-trip inspection policy, a provision that requires the bus driver to walk to the rear of the bus and check for children after each route, shift, or workday.

The amended bill states that if a bus driver fails to perform the inspection procedure or fails to carry the cell phone or radio, the Secretary of State shall cancel the bus driver's permit.

There is no funding provided to the school district for the purchase or installation of the global positioning system or the purchase of cell phones or two-way radios.

The Alliance was the only education entity to oppose the amendment. The amendment was filed Wednesday, mere hours before the bill was heard in committee. Unlike a bill that has to be posted for committee with at least a 6-day notice, an amendment can be considered in a committee with only a one hour notice.

Legislators need to hear from school district staff and board members that additional mandates on school districts cannot be tolerated in this difficult budget year. A list of proposed mandates can be found at: http://www.iasb.com/govrel/mandates09.cfm. Now is the time for the legislature to seriously discuss the Fiscal Year 2010 budget, find a way to pay the State's overdue bills, and to give local boards of education the flexibility they need in these tough economic times.

PLEASE CALL YOUR SENATOR and urge him/her to oppose SB 932 and all other unfunded mandates on school districts.

BILL ACTION FROM THIS WEEK

The following bills were approved by the House of Representatives and now will be sent to the governor for consideration:

SB 35 (Garrett, D-Lake Forest) 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.

SB 75 (Bond, D-Grayslake) gives school districts additional flexibility when using monies collected from the surcharge imposed for certain violations in school zone speed limit areas.

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

SB 204 (Demuzio, D-Carlinville) provides that a school board shall make school buildings available for use as civil defense shelters in cooperation with the Illinois Emergency Management Agency.

SB 269 (Demuzio) allows for an increase in fees for school bus driver training.

SB 1276 (Demuzio) is an Alliance initiative that establishes a superintendent mentoring program.

The following bills were approved by the Senate Education Committee and were sent to the full Senate for consideration.

HB 281 (Bellock, R-Westmont) requires that the ISBE develop and make available to each school board guidelines for the management of students with life-threatening food allergies and requires school boards to implement a policy based on these guidelines no later than January 1, 2011.

HB 325 (Fortner, R-West Chicago) allows a school treasurer in Cook County to also be a member of the school board (now prohibited).

HB 380 (Nekritz, D-Northbrook) requires each school board employing an employee who is an elected trustee of the Illinois Municipal Retirement Fund to make available to the elected trustee at least 20 days of paid leave of absence per year for the purpose of attending IMRF meetings.

HB 392 (Golar, D-Chicago) makes various changes in the Grow Your Own Teacher Education Act.

HB 475 (Winters, R-Shirley), regarding textbook and other fee waivers, changes the reference for eligibility from children eligible under the Community School Lunch Program to children eligible under the federal National School Lunch Act.

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.

HB 605 (Yarbrough, D-Broadview) extends the deadline set for the Ensuring Success in School Task Force to December 1, 2009.

HB 613 (Eddy, R-Hutsonville) provides that the acceptance of bids sealed by a bidder and the opening of these bids at a public bid opening may be permitted by an electronic process (except for bids for construction projects).

HB 645 (Burke, D-Chicago), for schools that require a doctor's note for sick leave for employees or absence for students, allows chiropractors to provide verification.

HB 684 (Burns, D-Chicago) requires the ISBE to make grants, subject to appropriation, for funding community schools.

HB 740 (Smith, D-Canton) requires the ISBE to establish a 2-year pilot program to assist in the creation and promotion of green career and technical education programs in high schools.

HB 806 (Fortner) based upon an assessment of a child's readiness allows children 6 years of age due to be 7 years by December 31, who have attended a state-certified, private preschool through kindergarten to be enrolled in the first grade.

HB 809 (Fortner) makes clarifying modifications to the process of withdrawal from special education co-operative agreements.

HB 999 (Eddy) allows a school district to establish a bank line of credit.

HB 1107 (Eddy) for health/life safety repairs, a school district will have the ability to use health health/life safety funds for those repairs that occur because of an emergency.

HB 1108 (Eddy), beginning October 1, 2009, provides that an advisory board for professional development shall be established within each region or group of regions operating as a part of an intergovernmental agreement.

HB 2321 (Brauer, R-Springfield) allows Rochester CUSD 3a to issue bonds with an aggregate principal amount not to exceed $18.5 million instead of $15 million.

HB 2871 (Bassi, R-Palatine) provides that the Teacher Certificate Fee Revolving Fund is not subject to administrative charge transfers from that fund into any other state fund.

HB 3982 (D'Amico, D-Chicago) changes the definition of "multifunction school-activity bus" to mean a school bus manufactured for the purpose of transporting 11 to 15 persons, including the driver, whose purposes do not include transporting students to and from home or school bus stops.

The following bills were approved by the House Elementary and Secondary Education Committee and were sent to the full House for consideration.

SB 1293 (Clayborne, D- E. St. Louis) adjusts debt limitations for Belle Valley S.D. #119.

SB 1508 (Koehler, D-Peoria) amends the School Student Records Act to provide that nothing in the Act shall be construed to impair or limit the confidentiality of information communicated in confidence to a school social worker, school counselor, school psychologist, or school psychologist intern. An Alliance amendment was added for easier facilitation of the change.

SB 1570 (Pankau, R-Roselle) creates the School Wind and Solar Generation Program to fund wind generation projects and solar generation projects for school districts and community college districts.

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.

SB 1718 (Clayborne) was amended to make clarifications regarding provisions for expulsions due to firearm or other weapons violations in schools. It will require expulsion for having a firearm in school, but allows the superintendent to modify the expulsion period on a case-by-case basis. Further, the bill will require expulsion for other weapons (i.e. knives, billy clubs) but allows the superintendent to modify the expulsion requirement on a case-by-case basis for these violations. The changes retain the provision that expulsion is required for “any object if used or attempted to be used to cause bodily harm”.

SB 1796 (Lightford, D-Maywood) 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.

SB 1882 (Cronin, R-Elmhurst) establishes a task force to explore and examine all duties of the ISBE 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.

SB 1956 (Demuzio) 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. A House amendment was added to authorize a school board to hold school or schedule teachers' institutes, parent-teacher conferences, or staff development on certain school holidays under certain conditions.

SB 1957 (Demuzio) makes changes to the requirements for the school breakfast program.

SB 2014 (Demuzio) allows students one opportunity (instead of 2 opportunities) to take the PSAE.

SB 2051 (Crotty, D-Oak Forest) an Alliance initiative that changes the GSA calculation for school districts that have successfully passed a limiting rate increase such that, for each year after 2010 school year, if voters in a PTELL county approve an increase in the limiting rate for a school district the increase in local resources will not result in a decrease in General State Aid for the approved duration of the limiting rate increase.

SB 2071 (Haine, D-Alton) contains ISBE's teacher misconduct proposal regarding the reporting and monitoring of teachers convicted of felony offenses.

SB 2119 (Steans, D-Chicago) 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.

HJR 5 (Davis, W., D-Hazel Crest) creates the School Success Task Force to examine issues and make recommendations related to current ISBE policies regarding suspensions, expulsions, and truancies.

HJR 6 (Nekritz) creates the School Transportation Task Force to study the possibility of enacting legislation making changes to current transportation programs offered by the ISBE.

OTHER BILL ACTION FROM THE WEEK

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 was approved by the Senate Agriculture and Conservation Committee and was sent to the Senate floor for consideration.

HB 242 (Nekritz), an initiative of the Alliance and other local government organizations, provides that the debt service extension base must be increased each year by the Consumer Price Index percentage increase during the 12-month calendar year preceding the levy year, not to exceed 5%. The bill was approved by the Senate Revenue Committee and was sent to the Senate floor. PLEASE CALL YOUR SENATOR AND ASK FOR SUPPORT OF THIS BILL.

HB 353 (Winters) requires school districts to change the message on the back of their school buses the next time the sign is due to be changed. The bill was approved by the Senate Transportation Committee and was sent to the Senate floor for consideration.

HB 1079 (Eddy) creates the Dual Credit Quality Act designed to develop policies to permit multiple appropriate measures using differentiated assessment for granting eligibility for dual credit to high school students. The bill was approved by the Senate Higher Education Committee and was sent to the Senate floor for consideration.

HB 1197 (Black, R-Danville) validates the tax levies and extensions and the expenditures by St. Joseph Ogden Community High School District 305 for fire prevention and safety purposes. The bill was approved by the Senate Revenue Committee and sent to the Senate Floor for consideration.

HB 1345 (Joyce, D-Chicago) provides that “public records” under the Freedom of Information Act includes all settlement agreements. The bill, opposed by the Alliance, was approved by the Senate Executive Committee and was sent to the Senate floor for consideration.

HB 2235 (Davis, M., D-Chicago) requires the governing board of each school district, university, and community college to report each year to the ISBE or Board of Higher Education, the base salary and benefits of all administrators and teachers or faculty employed. The bill was approved by the Senate Higher Education Committee and was sent to the Senate floor for consideration.

HB 2664 (Currie, D-Chicago) increases the fine for violations of excessive idling of diesel engines (including school buses) from $50 to $250 for the first conviction and from $150 to $500 for a second conviction. The bill, opposed by the Alliance, was approved by the Senate Environment Committee and was sent to the Senate floor for consideration.

SB 1677 (Murphy, R-Palatine) creates a task force to examine the process used by State and local governmental agencies to conduct criminal history record checks as a condition of employment. The bill was approved by the House Judiciary II Committee and was sent to the House floor.

SB 1769 (Steans) adds new requirements regarding a school district's procedures for applying pesticides to outdoor school property. The bill was approved by the House Environmental Health Committee and was sent to the House floor for consideration.

BILLS SCHEDULED FOR COMMITTEE NEXT WEEK

SENATE PUBLIC HEALTH COMMITTEE
Tuesday, May 5, 1:00 p.m., Room 212, State Capitol

HB 921 (Burke, D-Chicago) amends the Physical Fitness Facility Medical Emergency Preparedness Act regarding automated external defibrillators (AED). It deletes the requirement that a physical fitness facility have a trained AED staffer present during all physical fitness activities and states that such a trained person need only be available during “staffed business hours”.

HB 4318 (Verschoore, D-Milan) requires that instruction on cancer must be provided in health classes.

SENATE EDUCATION COMMITTEE
Tuesday, May 5, 4:00 p.m., Room 409, State Capitol

HB 2254 (Davis, M.) provides that for Chicago Public Schools, if a school fails to meet adequate yearly progress for 2 consecutive school years and is located in a violence-prone area, then the Chicago Board of Education shall require that students receive 10-15 minutes of physical activity per day, the school must have one full-time social worker on-site, and after school physical activity and academic programs be available.

HB 2448 (Miller, D-Calumet City) allows a school district, by resolution, to establish a remote educational program (i.e. an educational program delivered to students in the home or other location outside of a school building).

HB 3245 (Eddy) is a “shell bill” to be used for language that will gradually eliminate the “hold harmless” provision in the State aid funding formula.

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 two 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.

HOUSE ELEMENTARY AND SECONDARY EDUCATION COMMITTEE
Wednesday, May 6, 8:00 a.m., Room 114, State Capitol

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 in grades K-12.

SB 2283 (Althoff, R-Crystal Lake) 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 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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