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GOVERNMENT RELATIONS


Alliance Legislative Report 96-34

Distributed via Email: October 9, 2009

The Illinois General Assembly returns next week to begin the 2009 veto session. Legislators will take action on those bills that were vetoed by the governor, as well as take on "holdover" issues from the spring session and any other emerging issues that merit attention. The legislature will convene next Wednesday through Friday (Oct. 14-16) and again Oct. 28-30.

ONGOING AND EMERGING ISSUES

FISCAL YEAR 2010 BUDGET

Though a budget was approved this summer, the appropriations were woefully short of what is needed to adequately fund the gamut of state services and programs for an entire year. Though there was speculation earlier this year that the legislature would revisit the state's budget shortfalls in the veto session, that doesn't appear to be the case. Governor Pat Quinn and Senate President John Cullerton have both indicated that they will wait until next year to push proposals that would bring in new revenue to the state.

There will, however, be a rally at the State Capitol on Thursday to push for new state revenues. The "Responsible Budget Coalition," comprised of various human services groups, education groups, and employee unions, will meet at the Capitol at noon to make its case for additional state revenues.

MILITARY COMPACT

The Alliance has been watching an issue for the past 18 months regarding a push by veterans' organizations and others that concerns local school districts. The issue could be in legislative form next week and debated in the House Elementary and Secondary Education Committee. Supporters want states to join their Interstate Compact on Educational Opportunity for Military Children to address perceived inequities facing school children of military parents when they are required to relocate across state lines. Specifically, it would allow the laws of the "sending" state to apply to transferring students from military families in the schools of the "receiving" state for such policies as graduation requirements, Advance Placements (AP), and age of student enrollment. An analysis of the military compact issue can be found on the IASB website at: https://www.iasb.com/govrel/compact.cfm

'RACE TO THE TOP'

The Alliance has been actively involved in the preliminary discussions about the State of Illinois applying for "Race to the Top" funds from the federal department of education. "Race to the Top" is the new education initiative of the Obama administration that plans to distribute $4.5 billion nationally. Illinois hopes to receive approximately $300 million – if the Illinois State Board of Education (ISBE) applies for the grant and if the federal department awards a grant to Illinois. The funds would be distributed over a 3-5 year period and it is estimated that the Chicago Public Schools would receive nearly half of Illinois' funds. School districts would have to expend the funds in certain areas and on specific programs as determined by the federal and state education agencies.

The Alliance has been meeting regularly with State Superintendent Chris Koch and other education stakeholders to discuss the pros and cons of applying for the funds. Last week, the Alliance testified before the Senate Education Committee on the issue as the panel held a hearing in Chicago specifically on "Race to the Top." The committee will hold another hearing next week, Thursday (Oct. 15) at 9 a.m., to further discuss the federal program.

Though this issue is very fluid and criteria will continue to change, the ISBE website has the following link for the draft "Race to the Top" guidelines: http://www.isbe.net/arra/pdf/race_to_the_top_draft.pdf

PENSION TASK FORCE

The Pension System Modernization Task Force met again last week, but with little to show for its efforts. With no consensus among the panel members, it is unlikely that any proposal will be submitted as legislation for the veto session. In fact, the task force report due by Nov. 1, will likely be a series of "minority reports" reflecting the views of the various panel factions (employee unions, business groups, legislators, etc.).

EDUCATION FUNDING ADVISORY BOARD

EFAB met again this week and heard testimony from the Center for Tax and Budget Accountability and from "Advance Illinois". The panel is set to meet again on Dec. 22 and Feb. 10, 2010. EFAB has until January 2011 to make its recommendations to the legislature regarding per pupil foundation levels. The EFAB website is: www.isbe.net/EFAB/default.htm

VETOED BILLS TO BE CONSIDERED NEXT WEEK

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 Illinois State Board of Education (ISBE). The ISBE shall initiate rulemaking to provide standards for the certification no later than June 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.

SB 1882 (Cronin, R-Elmhurst) 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).

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. The governor issued an amendatory veto, attempting to diversify the task force and give task force members more time to complete the task.

HB 547 (Pihos, R-Glen Ellyn) creates the Identity Protection Act and prohibits – with certain exceptions – local government agencies (including school districts) from publicly displaying or printing an individual's social security number. The bill also requires each local governmental agency to draft and approve an identity-protection policy within 12 months. The governor issued an amendatory veto, striking some additional rulemaking provisions.

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 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.

HB 613 (Eddy, R-Hutsonville), 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. The governor issued an amendatory veto, striking some additional rulemaking provisions added by the House of Representatives.

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.

HB 2547 (Fritchey, D-Chicago) provides that, with respect to a non-sectarian school, 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.

COMMITTEES SCHEDULED FOR NEXT WEEK

HOUSE EXECUTIVE COMMITTEE
Wednesday, Oct. 14, 9 a.m., Room 114, State Capitol

SB 744 (Link, D-Vernon Hills) creates the Chicago Casino Development Authority Act to authorize a land-based casino in Chicago, slot machines at horse racing tracks, and three additional riverboat casinos. Of the Chicago casino money, 70% of the receipts go to the City of Chicago. Of that amount, 60% would be used for construction of schools, parks, and "cultural institution facilities" and 40% would be used for construction of roads, bridges, and mass transit. A percentage of the overall receipts that flow to the state is earmarked for the Common School Fund.

HOUSE ELEMENTARY AND SECONDARY EDUCATION COMMITTEE
Wednesday, Oct. 14, 4 p.m., Room 118, State Capitol

SB 277 (Froehlich, D-Schaumburg) currently contains provisions regarding community college electronic bidding. This is expected to be amended with language containing the "military compact" provisions highlighted earlier in this report.

SB 315 (Holmes, D-Aurora) currently is a "shell bill" amending the section of the School Code regarding Charter Schools. It is reportedly postured to be used for the provisions contained in HB 363 (highlighted earlier in this report) if HB 363 is defeated on its veto override motion.

SENATE EDUCATION COMMITTEE
Thursday, Oct. 15, 9 a.m., Room 409, State Capitol

Subject Matter: Mandate Waiver Requests (School districts with mandate waiver requests that have been transmitted to the General Assembly, are encouraged to send a representative to the hearing to testify in support of the district's request).

Subject Matter: "Race to the Top"

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.


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