Distributed via Email: May 15, 2009

HIGH LEVEL DISCUSSIONS ON KEY ISSUES

In last week’s legislative report, it was noted that little was being done on the major issues of the legislative session. This changed significantly this week. High level discussions occurred this week among lawmakers, legislative leaders, and the governor regarding the Fiscal Year 2010 budget, a capital projects bill, ethics reform, and pension reform. A bill was approved by a committee to make drastic changes to the state’s five pension systems, language was unveiled on a re-write of the Freedom of Information Act, and budget numbers were being crunched. It is looking like the General Assembly does want to adjourn the spring session by the end of the month.

There is still, of course, a long way to go before any agreement will be reached on these major items. It remains to be seen how much input the Republicans (who are the minority party in both the House and Senate) will have on the budget and other key issues. Lawmakers also have to decide which new revenue sources will be tapped to close the budget deficit. On the table are increases in the income tax, gasoline tax, cigarette tax, alcohol tax, soft drink tax, an expansion of the sales tax base, legalizing video poker, and expanding other gaming in the state.

The Senate returns to the Capitol Sunday evening; the House returns on Monday.

As promised, Attorney General Lisa Madigan has unveiled a re-write of the Freedom of Information Act (FOIA). More "openness in government" has been a resounding theme in all of the discussions about stricter ethics laws for Illinois and this legislation was expected. The proposed changes in the FOIA will remove many of the current exemptions that state and local governments now have for compliance with the act.

The draft amendment to HB 4165 (Currie, D-Chicago) would create a Public Access Counselor (PAC) position within the Office of the Attorney General who would be responsible for reviewing FOIA requests that have been denied by public bodies. The PAC would also be available to advise public bodies on FOIA requests before the public body determines whether or not to grant access. The language also grants the PAC full subpoena powers. The second part of the draft amendment mandates the creation of a Freedom of Information Officer within each public body.  The FOI Officer would be required to complete an electronic training curriculum developed by the PAC within 6 months, and would be the public body’s representative for all FOIA requests.

The draft amendment to HB 1370 (Currie) places the burden of proof on the public body for any FOIA denial as the language states that all records are open to inspection unless specifically exempted. Public bodies will have 5 working days (instead of 7) to comply with or deny a FOIA request. The language also makes numerous changes to the exemptions section, including significantly narrowing a public body’s use of "privacy" as a reason for denial.

Neither amendment has been officially filed with the House clerk so the language is not available on the General Assembly website. However, you can access the draft language on the IASB website at:

www.iasb.com/govrel/HB4165Amendment050709.pdf
www.iasb.com/govrel/HB1370amendment51109.pdf

STIMULUS FUNDS MAY CHANGE AUDIT REQUIREMENTS

The 2009 American Recovery and Reinvestment Act appropriated significant new money for education. The State of Illinois has opted to utilize a portion of the $2 billion allocated to Illinois to fund General State Aid payments. The last five GSA payments for Fiscal Year 2009, starting with the April 20, 2009 payment, will be paid with federal funds. The potential issue is for school districts that have not previously been subject to the Single Audit Act (which applies if your district expends more than $500,000 in federal funds). ISBE estimates that over 200 school districts will be required to comply with Single Audit requirements for the first time this fiscal year ending June 30, 2009. School boards should be aware of the additional audit requirements including additional reporting to the Federal Audit Clearinghouse. Those additional requirements will undoubtedly result in higher audit fees for which there are no new funds.

The Alliance would like to thank Tim Custis, a Certified Public Accountant and school board member at Washington CHSD 308, for participating in the ISBE audit meeting and contributing to this report.

The following bills were approved by the legislature and will be sent to the governor 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.

HB 78 (Cole, R-Lake Villa) creates the Farm Fresh Schools Program Act to increase access to and promote the consumption of locally grown fruits and vegetables in schools.

HB 244 (Pritchard, R-Sycamore) adds an insurance coverage mandate requiring that policies include physical therapy for multiple sclerosis.

HB 272 (Franks, D-Woodstock) requires the IHSA to prohibit athletes from using performance-enhancing drugs and implement random testing of athletes. Further the bill requires the IHSA to ensure that each athletic coach complete an educational program on the prevention of abuse of performance-enhancing substances.

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

HB 571 (Mulligan, R-Des Plaines) requires the office of the governor or a designated state agency to track and report monthly concerning Illinois' share of federal stimulus spending.

HB 867 (Osterman, D-Chicago) currently the law provides that a person commits aggravated battery with a firearm when he knowingly or intentionally discharges a firearm on school grounds injuring a teacher, this bill adds students.

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

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

HB 979 (Coulson, R-Glenview) provides that for students with an Individualized Education Plan at the age of 14˝, 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.

HB 1035 (Flider, D-Mt. Zion) requires school districts to provide instruction on disability history, people with disabilities, and the disability rights movement.

HB 1079 (Eddy, R-Hutsonville) 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.

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

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

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.

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 3672 (Jakobssen, D-Urbana) provides that if an IMRF employee was in the service of more than one school district, then the sick leave days from all such employers shall be credited for pension service (currently only sick leave days from last employer).

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.

SB 611 (Harmon, D-Oak Park) would allow funds from the School Technology Revolving Loan Program to go to non-public schools. An amendment was approved by the Senate Education Committee to give priority to public school districts in the loan process and then the bill was approved by the full Senate and sent to the House of Representatives.

SB 1292 (Martinez, D-Chicago) makes significant changes to the pension benefits for TRS annuitants for those employees hired after Jan. 1, 2010. Please see Alliance Legislative Report (96-17) for details. The bill was approved by the House Personnel and Pensions Committee and was sent to the House floor for further consideration.

SB 1391 (Clayborne, D- E. St. Louis) allows school districts to hire marital and family therapists if they meet the certification standards contained in rules adopted by the ISBE. The bill was approved by the House of Representatives and was sent back to the Senate for concurrence in a House amendment.

SB 1557 (Delgado, D-Chicago) requires that the U.S. History curriculum must reinforce the study of the role and contributions of Hispanics and shall include the study of the events related to the forceful removal and illegal deportation of Mexican-American U.S. citizens during the Great Depression. The bill was approved by the House of Representatives and was sent back to the Senate for concurrence in a House amendment.

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. The bill was approved by the House of Representatives and was sent back to the Senate for concurrence in a House amendment.

SB 1718 (Clayborne) makes clarifications regarding provisions for expulsions due to firearm or other weapons violations in schools. The bill was approved by the House of Representatives and was sent back to the Senate for concurrence in a House amendment.

HB 613 (Eddy) 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. The bill was approved by the Senate and was sent back to the House for concurrence in a Senate amendment.

HB 740 (Smith) requires the State Board of Education to establish a 2-year pilot program to assist in the creation and promotion of green career and technical education programs in high schools. The bill was approved by the Senate and was sent back to the House for concurrence in a Senate amendment.

This 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 Illinois Statewide School Management Alliance.

General Assembly Bill Text/Status

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