Distributed via Email: October 16, 2009

Members of the state legislature were back in action this week as the fall Veto Session began. In an impressive showing of what the Illinois General Assembly can accomplish when it truly wants to get something done, additional funding was provided for college student tuition. In a 24 hour period, both the Senate and House of Representatives approved SB 1180 (Frerichs, D-Champaign) to appropriate over $200 million to cover the second year costs for the state's Monetary Assistance Program (MAP). Though the MAP grant appropriation bill was approved, lawmakers have not identified where the additional revenues will come from to cover these costs.

Both the Senate and the House of Representatives slogged through the many bills vetoed by Governor Pat Quinn, overriding many of the vetoes and accepting his amendatory changes on many other bills. Lawmakers also debated a new "ethics reform" package as the Governor vetoed HB 7 (Madigan, D-Chicago) which was the ethics bill approved in the spring. Many new issues emerged, either introduced in a new bill or as an amendment to a pending bill.

The legislature adjourned today (Friday) and will return on October 28.

BILL ACTION THIS WEEK

VETOED SENATE BILLS

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 Senate voted to override the Governor's amendatory veto and the House of Representatives will now consider the bill.

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 Senate voted to override the Governor's amendatory veto and the House of Representatives will now consider the bill.

VETOED HOUSE BILLS

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 House of Representatives voted to override the Governor's amendatory veto and the Senate will now consider the bill.

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 House of Representatives voted to accept the Governor's amendatory veto and the Senate will now consider the bill.

HB 557 (Chapa La Via, 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 House of Representatives voted to override the Governor's amendatory veto and the Senate will now consider the bill.

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 House of Representatives voted to accept the Governor's amendatory veto and the Senate will now consider the bill.

HB 725 (Watson, R-Jacksonville) encourages school boards to implement American Sign Language (ASL) courses into school foreign language curriculum. The House of Representatives voted to accept the Governor's amendatory veto and the Senate will now consider the bill.

HB 2445 (Chapa La Via) makes changes concerning Illinois Education Labor Relations Board attorneys and investigators, choice of employee organization, unit clarification petitions, and arbitration procedures. The House of Representatives voted to override the Governor's amendatory veto and the Senate will now consider 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 House of Representatives voted to override the Governor's amendatory veto and the Senate will now consider the bill.

BILLS AMENDED THIS WEEK

SB 226 (Martinez, D-Chicago), as amended in the House Elementary and Secondary Education Committee, provides that the State Board of Education (instead of the school board of the affected district) shall handle all matters related to detachment, annexation, division, dissolution, or any combination of those methods if the regional board of school trustees is abolished and the trustees of school of the township in which the school district resides does not exist. The bill was amended and approved by the committee and is pending on the House floor.

SB 227 (Dahl, R-Granville), as amended in the House Executive Committee, extends to 35 years the Tax Increment Financing districts for Mendota, Cahokia, and Belleville. The bill was approved by the House of Representatives and is pending on the Senate floor.

SB 353 (Haine, D-Alton) had an amendment prepared that would have made changes to the recently approved Freedom of Information Act re-write. The amendment was discussed in the Senate Executive Committee, but no action was taken on the amendment or the underlying bill.

SB 614 (Demuzio, D-Carlinville) was amended to allow Regional Offices of Education to apply for and receive "any grant administered by the State Board of Education that is available for school districts". This would have placed the ROE in direct competition with the local school districts for all grants, including: reading improvement, bilingual, early childhood, etc. What about the ADA block grant? What about school construction grants? Should the Regional Offices of Education be receiving these grant funds before local school districts? The Alliance testified against the provision in the Senate Education Committee and no vote was taken on the bill. Discussions are planned with the bill sponsor to explore ways to narrow the scope of the proposal, perhaps allowing for ROEs to apply for grants for drop out prevention, alternative schools, truancy programs, etc.

SB 616 (Koehler, D-Peoria) was amended in the Senate Education Committee to make changes regarding school construction funds received through a Public Building Commission. The Senate approved the bill and sent it to the House of Representatives for consideration.

SB 748 (Martinez), as amended, makes a very specific exemption for the City of Chicago in the law regarding the sell of alcohol near churches and schools. The amendment was adopted by the Senate Executive Committee and the bill is pending on the Senate floor.

SB 1371 (Crotty, D-Oak Forest) was amended to make clarifications to the law that requires school districts and other entities to have access to Automated External Defibrillators (AED) at all outdoor physical fitness facilities. It more clearly states that school districts only must provide the AED and trained AED user at outside athletic facilities if the activity is directly supervised by an employee (not maintenance or security personnel) of the school district and specifically exempts any activity or program that is organized by a private or not-for-profit organization and supervised by a person who is not employed by the school district. The bill was approved by the House of Representatives and was sent to the Senate for consideration.

SB 2188 (Clayborne), as amended, states that if a taxing body cannot issue bonds because of a court action, this delay does not count against the time limits for bond issuance set forth in the law. This applies to any bond issuance approved by referendum held on or after January 1, 2003 or by a backdoor referendum held on or after January 1, 2005. The amended bill was approved by the Senate and was sent to the House of Representatives for consideration.

HB 806 (Fortner, R-West Chicago), 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. An amendment was added to allow the Department of Human Services to operate a "Gateways to Opportunity" program, a comprehensive professional development system the goal of which is to support a diverse, stable, and quality workforce for settings serving children and youth. The bill, as amended, was approved by the Senate and is pending action in the House of Representatives.

HB 1580 (McCarthy, D-Orland Park), as amended on the House floor, provides that the premium for the major medical coverage health benefits program for a TRS benefit recipient who is at least 65 years old, who is not Medicare primary, who resides in Illinois, and for whom a managed care program is accessible shall not exceed 90% (now, 105%) of the premium actually charged in the previous fiscal year. The bill was defeated on the House floor.

MANDATE WAIVER REQUESTS

In Wednesday's meeting of the House Elementary and Secondary Education Committee, testimony was taken regarding School Code mandate waiver requests. Because of a technical glitch in posting the Senate Education Committee's meeting, no hearing was held this week for waiver testimony.

House Joint Resolution 77 (Smith, D-Canton) was approved by the House of Representatives Friday and was sent to the Senate for consideration. The resolution, if adopted in the Senate, will deny the following mandate waiver requests:

• the Lake Park CHSD 207 request regarding content of evaluation plans;
• the Hononegah CHSD 207 request regarding content of evaluation plans; and
• the Wheaton CUSD 200 request regarding behind-the-wheel drivers' education

The Senate Education Committee will likely hold a hearing on October 28 regarding these mandate waiver requests.

MILITARY COMPACT DISCUSSIONS CONTINUE

As reported in Alliance Legislative Report 96-34, the issue of the Interstate Compact on Educational Opportunity for Military Children has surfaced in the State Capitol. No bill was discussed in committee this week, but the Alliance is continuing the dialogue with the Governor's office, legislators, and interested parties. School management officials are encouraged to contact their legislators and explain that if there are problems with the transition of children of military personnel entering Illinois schools from out of state, these can be addressed through state legislation. The answer is not to have the State of Illinois enter into a legal agreement with a national compact that would usurp both state and local school district authority in school governance matters.

More information on the military compact can be found at: http://www.iasb.com/govrel/compact.cfm

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

Alliance Legislative Reports are Cosponsored by IASB and:
[ IPA ] [ IASA ] [ IASBO ]

Return to ALR Menu