Distributed via Email: August 26, 2009

GOVERNOR SIGNS MORE BILLS

Governor Pat Quinn signed into law dozens of bills this week. By Friday, most all of the bills sent to the governor by the legislature will be acted upon. The

General Assembly returns to the Capitol on Oct. 14 to begin the Veto Session where members will consider the action taken by the governor regarding specific vetoed bills.

Legislators are beginning to gear up for the fall session as meetings are being scheduled to discuss budget, taxes, and other reforms. Alliance lobbyists are participating today (Wednesday) in a meeting regarding a possible resurgence of SB 174 – the tax reform/school funding proposal. An analysis of the bill can be found at: http://www.iasb.com/govrel/hb174analamend2web.pdf. Alliance lobbyists are also taking part in today’s meeting of the Pension System Modernization Task Force.

"HOT BILLS" SIGNED BY THE GOVERNOR

SB 1557 (Delgado, D-Chicago), in a Section requiring the history of the United States to be taught, requires that to reinforce the study of the role and contributions of Hispanics, such curriculum 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 is now Public Act 96-0629, effective Jan. 1, 2010.

SB 1718 (Clayborne, D-E. St. Louis) clarifies expulsion and suspension requirements for weapons violations in schools, requiring compliance with the federal Gun Free Schools Act. It requires 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 bill is now Public Act 96-0633, effective Aug. 24, 2009.

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. It also allows a school board to hold school or schedule teachers’ institutes, parent-teacher conferences, or staff development on certain school holidays under certain conditions. The bill is now Public Act 96-0640, effective Jul. 1, 2009.

HB 242 (Nekritz, D-Northbrook) 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 is now Public Act 96-0501, effective Aug. 14, 2009.

HB 353 (Winters, R-Shirland), on all newly purchased school bus signs, the bill changes the current wording of the sign to "TO COMMENT ON MY DRIVING, CALL (area code and telephone number of school bus owner)". It does not require a change in the sign until the next time the school bus owner was going to replace the sign. The bill is now Public Act 96-0655, effective Jan. 1, 2010.

HB 628 (Osterman, D-Chicago) provides that, after a mutually agreeable date and time has been established with a school district, a parent, an independent educational evaluator, or a qualified professional retained by a parent or child, must be afforded reasonable access to educational facilities, personnel, and to the child. The evaluator must also be afforded a sufficient duration of time to conduct an evaluation of the child and to review the child’s current or proposed educational program, placement, or services. The bill is now Public Act 96-0657, effective Aug. 25, 2009.

HB 921 (Burke, D-Chicago) deletes the requirement that a physical fitness facility have a trained Automated External Defibrillator (AED) staffer present during all physical fitness activities and states that such a trained person need only be available during "staffed business hours." The bill is now Public Act 96-0748, effective Jan. 1, 2010.

HB 1335 (Schmitz, R-Batavia) provides that a school board does not have to comply with the Illinois Accessibility Code with respect to accessibility to press boxes that are 1,000 square feet or less and are on school property if the press boxes were constructed before Jul. 1, 2009. The bill is now Public Act 96-0674, effective Jul. 1, 2009.

OTHER EDUCATION BILLS SIGNED INTO LAW

SB 54 (Garrett, D-Lake Forest) contains a series of "ethics" provisions, mostly directed at the Executive and Legislative branches of government. It requires the Governor’s Office of Management and Budget to provide quarterly financial reports containing: a review of the state’s financial outlook; a review of general revenue fund performance; the outlook for future general revenue fund performance; an assessment of the state’s financial position; and a review of statewide employment statistics. The bill also clarifies who qualifies as a registered lobbyist and increases the yearly lobbyist registration fee from $350 to $1,000. Under exemptions to required lobbyist registration, is listed "a unit of local government or school district" and "an elected or appointed official or an employee of a unit of local government or school district who, in the scope of his or her public office or employment, seeks to influence executive, legislative, or administrative action exclusively on behalf of that unit of local government or school district". The bill also requires ethics training for lobbyists and requires that lobbying expenditure reports be completed weekly during the legislative session and monthly the rest of the year. The bill is now Public Act 96-0555, effective Aug. 18, 2009 (and parts effective Jan. 1, 2010).

SB 269 (Demuzio) allows for an increase in fees for school bus driver training. The fees would be $6 per person in fiscal years 2010-2012; $8 per person for fiscal years 2013-2015; and $10 per person for fiscal years 2016 and thereafter. The current fee is $4. The bill is now Public Act 96-0616, effective Jan. 1, 2010.

SB 1508 (Koehler, D-Peoria) amends the School Student Records Act to provide that nothing 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. It further provides that no school employee shall be subjected to adverse employment action, the threat of adverse employment action, or any manner of discrimination because the employee is acting or has acted to protect communications as privileged or confidential pursuant to applicable provisions of State or federal law or rule or regulation. The bill is now Public Act 96-0628, effective Jan. 1, 2010.

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 is now Public Act 96-0725, effective Aug. 25, 2009.

SB 1926 (Martinez, D-Chicago) makes vocational centers established by a joint agreement among school districts eligible for grants under the School Construction Grant Law. The bill is now Public Act 96-0731, effective Aug. 25, 2009.

SB 1977 (Meeks, D-Chicago) bill makes numerous non-substantive changes throughout the School Code, including changes to the Childhood Hunger Relief Act, the School Safety Drill Act, the Truants Alternative and Optional Education Program, the inspection and review of school facilities, State aid claims, teacher dismissal reports, driver safety courses, the summer food service provisions, etc. It also makes numerous technical and clarification changes throughout the School Code. The bill is now Public Act 96-0734, effective Jul. 1, 2009.

SB 2277 (Cronin, R-Elmhurst) authorizes the Illinois State Board of Education to implement a pilot program, subject to appropriation, to test digital technologies as an alternative to textbooks in three geographically diverse school districts. The bill is now Public Act 96-0647, effective Aug. 24, 2009.

HB 684 (Burns, D-Chicago) requires the Illinois State Board of Education to make grants available to fund and enhance programs at community schools. Community schools are traditional schools that actively partner with their community to leverage existing resources and identify new resources for community wide programming. The bill is now Public Act 96-0746, effective Aug. 25, 2009.

HB 740 (Graham, D-Chicago) requires the Illinois State Board of Education to establish a competitive grant program that develops 2-year pilot programs to assist in the creation and promotion of green career and technical education programs in Illinois public secondary schools. The bill is now Public Act 96-0659, effective Jul. 1, 2009.

HB 944 (Eddy, R-Hutsonville) disallows certification of a school district as in financial difficulty solely as a result of the failure of the State to make timely payments of general State aid or any of the mandated categorical grants. The bill is now Public Act 96-0668, effective Jul. 1, 2009.

HB 1108 (Eddy) provides that by Jul. 1, 2009, a regional office of education advisory board shall be established within each region serving Class I counties or within each group of regions participating in an intergovernmental agreement for the provision of professional development to advise the regional superintendent of schools of the region or regions involved concerning the planning and delivery of professional development programs and services. The bill is now Public Act 96-0568, effective Aug. 18, 2009.

HB 2448 (Miller, D-Dolton) allows a school district, by resolution, to establish a remote educational program (e.g. an educational program delivered to students in the home or other location outside of a school building). The bill is now Public Act 96-0684, effective Aug. 25, 2009.

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 is now Public Act 96-0576, effective Aug. 18, 2009.

HB 2675 (Eddy) provides that, after consultation with a local health department, if a school district closes one or more recognized school buildings, but not all buildings, during a public health emergency, the district may claim a full day of attendance for those days based on the average of the three school days of attendance immediately preceding the closure of the school building, subject to certain conditions. The bill also makes various changes to teacher certificate regulations. The bill is now Public Act 96-0689, effective Jul. 1, 2009.

HB 3990 (Hamos, D-Chicago) creates the Local Food, Farms, and Jobs Act that encourages that by 2020, 10% of the food purchased by entities funded with State dollars (including school districts) be local farm or food products. The bill authorizes the Department of Agriculture to create a Local Food, Farms, and Jobs Council to promote local farm and food products. The council is also charged with facilitating the elimination of legal barriers hindering the development of local farm and food economy. The bill is now Public Act 96-0579, effective Aug. 18, 2009.

BILLS VETOED BY THE GOVERNOR

SB 1391 (Clayborne) allows school districts to hire marital and family therapists if they meet the certification standards contained in rules adopted by the Illinois State Board of Education (ISBE). The ISBE shall initiate rulemaking to provide standards for the certification no later than Jun. 1, 2010. The governor issued an amendatory veto, adding a task force to review the ISBE’s proposed rules to ensure that there are safeguards so marital and family therapists are properly trained to work with

school students. The legislature will take up the veto in the October Veto Session.

SB 1882 (Cronin) establishes a task force to explore and examine all duties of the Illinois 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 governor issued an amendatory veto, clarifying that task force members would be appointed by the governor with recommendations from specified groups (like IASB, IASA, and IASBO). The legislature will take up the veto in the October Veto Session.

HB 363 (Soto, D-Chicago) establishes a Chicago Educational Facilities Task Force in order to ensure that school facility related decisions are made with the input of the community and reflect educationally sound and fiscally responsible criteria. With the help of independent experts it must analyze past Chicago experiences and data with respect to school openings, school closings, school consolidations, school turnarounds, school phase-outs, school construction, school repairs, school modernizations, school boundary changes, and other related school facility decisions, and the effect on students. The governor issued an amendatory veto, attempting to diversify the task force and give task force members more time to complete the task. The legislature will take up the veto in the October Veto Session.

HB 613 (Eddy), in provisions requiring contracts to be awarded by competitive bid, 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 for communicating, accepting, and opening competitive bids. This does not apply to bids for construction purposes. The governor issued an amendatory veto, striking some additional rulemaking provisions added by the House of Representatives. The legislature will take up the veto in the October Veto Session. The legislature will take up the veto in the October Veto Session.

HB 927 (Mautino, D-Spring Valley) provides that a policy or plan that provides coverage for hospital or medical treatment on an expense incurred basis may offer wellness coverage that allows for various incentives for being healthy. The governor issued an amendatory veto, adding a Public Health Advocate position to be working within the Department of Public Health.

HB 2547 (Fritchey, D-Chicago) provides that, with respect to a non-sectarian school as defined in the Act, the exercise of free speech shall not be a civil rights violation and the jurisdiction of the Department of Human Rights is limited. The limitations include: the failure to enroll an individual; the denial of access to facilities, goods, or services; harassment, bullying, or similar acts against an individual; or the failure of a covered entity to take corrective action to stop harassment. The governor issued an amendatory veto, raising concerns about the fiscal burden this would place on the Department of Human Rights. Language was added that only requires Department action if appropriations are made for this purpose. 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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