Distributed via Email: August 18, 2009

GOVERNOR SIGNS FOIA BILL INTO LAW

Governor Pat Quinn Monday signed into law a bill that makes comprehensive changes to the Freedom of Information Act (FOIA). SB 189 (Raoul, D-Chicago) is now Public Act 96-0542, effective Jan. 1, 2010. A complete synopsis of the law can be found on the IASB website here.

The governor had indicated in the past couple of weeks that he would sit down with local government groups to discuss some of the flaws in the bill with the idea of possibly exercising an amendatory veto. However, no such meeting was ever called and the bill was signed into law as currently drafted. The governor did indicate in a letter that he is “cognizant that there are significant concerns about the effect of this bill on law enforcement and local government.” And that since the effective date is Jan. 1, “the process of implementation will necessitate additional legislative work. It is my express desire that all parties impacted by this bill work collegially in the coming months to craft consensus legislation that addresses the significant, lingering concerns.” The Alliance will take part in such upcoming meetings.

The bill places the burden on the public body to show that there is clear and convincing evidence that a record should not become public. It also requires that each public body designate one or more employees or officials as a “Freedom of Information Officer(s)” and specifies the duties of the officer(s). And it creates the Public Access Counselor (PAC) position within the Office of the Attorney General who will review denied FOIA requests by public bodies.

OTHER 'HOT BILLS' SIGNED INTO LAW

SB 1769 (Steans, D-Chicago) requires each school district to adopt a procedure to comply with the requirements of the Lawn Care Products Application and Notice Act and the Structural Pest Control Act. It requires the designation of a staff person who is responsible for compliance with the requirements of those Acts. The bill also requires schools and day care centers to give parents written or telephonic notice 4 days before applying pesticide on day care or school grounds (now, written notice must be given 2 days before pesticides are applied to school grounds). The bill is now Public Act 96-0424, effective Aug. 13, 2009.

SB 2014 (Demuzio, D-Carlinville) allows students one opportunity (instead of 2 opportunities) to take the PSAE. The bill is now Public Act 96-0430, effective Aug. 13, 2009.

SB 2270 (Cronin, R-Elmhurst) requires school districts to annually prepare an itemized salary compensation report for every employee holding an administrative certificate. The report shall be presented at a regularly scheduled school board meeting, be posted on the school district website, and be submitted to the Regional Office of Education. It shall include the base salary, pension contributions, retirement increases, cost of health insurance, cost of life insurance, paid sick and vacation day payouts, annuities, and any other form of compensation paid to the school administrator. The bill is now Public Act 96-0434, effective Aug. 13, 2009.

HB 281 (Bellock, R-Hinsdale) requires that the Illinois State Board of Education (ISBE), in conjunction with the Department of Public Health (DPH), to 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. School districts that already have such a policy in place may continue to use that policy if it is consistent with the guidelines established. The ISBE and DPH must convene an ad hoc committee (which shall include school administrators, principals, and board members) to develop the guidelines. At least every two years, an in-service training program for school personnel who work with pupils must be conducted by persons with expertise in anaphylactic reactions and management. The bill is now Public Act 96-0349, effective Aug. 13, 2009.

HB 737 (Smith, D-Canton) contains updates to the school principal mentoring program. The bill is now Public Act 96-0373, effective Aug. 13, 2009.

HB 1035 (Flider, D-Mt. Zion) requires school districts to provide instruction on disability history, people with disabilities, and the disability rights movement. The bill is now Public Act 96-0191, effective Jan. 1, 2010.

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 the Board of Higher Education the base salary and benefits of all administrators and teachers. The bill is now Public Act 96-0266, effective Jan. 1, 2010.

HB 3672 (Jakobsson, D-Urbana) provides that if an employee covered under the Illinois Municipal Retirement Fund was in the service of more than one school district during his/her working career, then the sick leave days from all such employers shall be credited for pension service (previously only sick leave days from last employer). The bill is now Public Act 96-0299, effective Aug. 11, 2009.

OTHER EDUCATION BILLS APPROVED

SB 613 (Bond, D-Grayslake) requires the ISBE to establish a pilot project whereby schools will provide a low-cost laptop computer to each student, teacher, and relevant administrator in a participating primary school and implement the use of educational software and computer skills training. The bill is now Public Act 96-0421, effective Aug. 13, 2009.

SB 1412 (Harmon, D-Oak Park) provides that not less than 11% (instead of exactly 11%) of the Early Childhood Education Block Grant shall be used to fund programs for children ages 0-3. The bill is now Public Act 96-0423, effective Aug. 13, 2009.

HB 325 (Fortner, R-West Chicago) allows a school treasurer in Cook County to also be a

member of the school board (now prohibited). The bill is now Public Act 96-0538, effective Aug. 14, 2009.

HB 380 (Nekritz, D-Northbrook) requires each school board employing an employee who is an elected trustee of the Illinois Municipal Retirement Fund (IMRF) 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. The bill is now Public Act 96-0357, effective Aug. 13, 2009.

HB 475 (Winters, R-Shirley) changes the reference for eligibility from children eligible under the Community School Lunch Program to children eligible under the federal National School Lunch Act. It provides that any school board that participates in a federally funded, school-based child nutrition program and uses a student's eligibility for the federally funded program as the basis for waiving fees assessed by the school district must follow the verification requirements of the federal program. The bill is now Public Act 96-0360, effective Sep. 1, 2009.

HB 493 (Pritchard, R-Hinckley) allows a taxing district to add an explanation of the Property Tax Extension Limitation Law to the Truth in Taxation Notice. The bill is now Public Act 96-0504, effective Aug. 14, 2009.

HB 605 (Yarbrough, D-Maywood) extends the reporting deadline for the Ensuring Success in School Task Force to Dec. 1, 2009. The bill is now Public Act 96-0364, effective Aug. 13, 2009.

HB 645 (Burke, D-Chicago) allows chiropractors to provide verification for schools that require a doctor's note for sick leave for employees or absence for students. The bill is now Public Act 96-0367, effective Aug. 13, 2009.

HB 900 (Jakobsson) requires research and the discussion of best practices to address the needs of children who are gifted and have a disability, “twice-exceptional” children. The bill is now Public Act 96-0382, effective Aug. 13, 2009.

HB 973 (Chapa LaVia, D-Aurora) provides that the Comprehensive Health Education Program may include instruction in grades 8 through 12 on teen dating violence. The bill is now Public Act 96-0383, effective January 1, 2010.

HB 979 (Coulson, R-Glenview) provides that for students with an Individualized Education Plan (IEP) 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. The bill is now Public Act 96-0187, effective Aug. 10, 2009.

HB 1107 (Eddy, R-Hutsonville) provides that, in the case of an emergency situation where the estimated cost of an emergency Health/Life Safety project is less than the amount specified in the contract bidding provisions of the School Code, the school district may proceed with such repairs prior to approval by the State Superintendent of Education under certain conditions. The bill is now Public Act 96-0252, effective Aug. 11, 2009.

HB 1148 (Joyce, D-Chicago) provides that to establish service (for pension purposes) as a teacher or administrator employed by a private school recognized by the ISBE, a teacher must apply in writing on or after Aug. 1, 2009, and on or before Aug. 1, 2012 (rather than on or before June 30, 2014). The bill is now Public Act 96-0546, effective Aug. 17, 2009.

HB 1190 (Smith) clarifies which employees are eligible for the special education personnel reimbursement. The bill is now Public Act 96-0257, effective Aug. 11, 2009.

HB 1197 (Black, R-Danville) validates the tax levies, extensions, and expenditures by St. Joseph-Ogden Community High School District 305 for fire prevention and safety purposes.

The bill is now Public Act 96-0258, effective Aug. 11, 2009.

HB 2321 (Brauer, R-Petersburg) allows Rochester CUSD 3a to issue bonds with an aggregate principal amount not to exceed $18.5 million instead of $15 million. The bill is now Public Act 96-0273, effective Aug. 11, 2009.

HB 2362 (Smith) adds contracts providing for the transportation of pupils with special needs or disabilities to the list of exceptions to the requirement that certain contracts be awarded to the lowest responsible bidder. The bill is now Public Act 96-0392, effective Jan. 1, 2010.

HB 2619 (Eddy) allows Martinsville CUSD 3C to issue bonds to acquire, improve, and equip a school site and building to replace all or a portion of a school building closed by the regional superintendent because of flood damage. The bill is now Public Act 96-0517, effective Aug. 14, 2009.

HB 2674 (Eddy) allows a school district under the authority of a financial oversight panel to 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 is now Public Act 96-0401, effective Aug. 13, 2009.

HB 2871 (Bassi, R-Palatine) provides that the Teacher Certificate Fee Revolving Fund is not subject to administrative charge transfers (“fund sweeps”) from that fund into any other state fund. The bill is now Public Act 96-0403, effective Aug. 13, 2009.

HB 3600 (Beaubien, R-Barrington Hills) authorizes the ISBE to provide grants to universities and community colleges that offer agricultural science teacher preparation programs in an effort to increase the number of ag science teachers in public schools. The bill is now Public Act 96-0404, effective Aug. 13, 2009.

HB 3982 (D'Amico, D-Chicago) prohibits transporting students in a van, but allows transportation of students in a “multifunction school-activity bus”. This is defined as a school bus manufactured for the purpose of transporting up to 15 persons, including the driver, whose purposes do not include transporting students to and from home or school bus stops. The bill is now Public Act 96-0410, effective July 1, 2010.

HB 3999 (Flowers, D-Chicago) requires the Illinois Student Assistance Commission to combine best practices and methods and programmatic functions of the Illinois Future Teacher Corps Program and the Golden Apple Foundation for Excellence in Teaching's Golden Apple Scholars of Illinois Program into one program, to be known as the Golden Apple Scholars of Illinois Program. The bill is now Public Act 96-0411, effective Aug. 13, 2009.

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 is now Public Act 96-0412, effective Aug. 13, 2009.

HB 4117 (Mulligan, R-Park Ridge) amends the Grow Your Own Teacher Education Initiative to include teaching in a Department of Juvenile Justice School District. The bill is now Public Act 96-0414, effective Jan. 1, 2010.

HB 4223 (May, D-Highland Park) recommends that schools be tested for radon every 5 years. The bill is now Public Act 96-0417, effective Jan. 1, 2010.

GOVERNOR'S VETOES

The governor issued amendatory vetoes to the following bills:

HB 557 (Chapa LaVia) 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 governor issued an amendatory veto, declaring that “while it is important to convey the message that false threats at schools are serious crimes, punishing such threats as Class 3 felonies is too severe. Therefore, I am proposing to define threats of this nature as Class 4 felonies.” He made changes accordingly. The legislature will take up the veto in the October Veto Session.

HB 725 (Watson, R-Jacksonville) encourages school boards to implement American Sign Language (ASL) courses into school foreign language curriculum. The governor issued an amendatory veto, altering the provision concerning the rulemaking authority within the bill. The legislature will take up the veto in the October Veto Session.

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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