Distributed via Email: October 30, 2009

GENERAL ASSEMBLY DONE FOR THE YEAR

The Illinois General Assembly is preparing to adjourn this afternoon (Friday) after completing its Veto Session business and is not scheduled to return to the Capitol until Jan. 12, 2010. No significant changes or additions were made, or even attempted, to the Fiscal Year 2010 budget. Lawmakers will consider budgetary amendments and possible new revenue sources next year, most likely after the Feb. 2 Primary Election.

This week legislators did debate issues relating to: campaign finance reform and ethics (SB 1466, SB 146, HB 5), "clean-up" language regarding the state lottery (HB 607) and gaming (HB 1306, SB 744), and addressed cemetery care (SB 1471) and mass transit fees (SB 941).

MILITARY COMPACT BILL DOES NOT ADVANCE

As has been reported in the last several Alliance Legislative Reports, a push was made to pass a bill containing provisions for Illinois to join the Interstate Compact on Educational Opportunity for Military Children. A military compact amendment was added to SB 277 in the House Elementary and Secondary Education Committee Wednesday, but no vote was taken on the bill once the supporters realized that they did not have enough votes to move the bill out of committee. The amendment was initiated by Governor Pat Quinn and the bill was carried by State Representative Tom Holbrook (D-Belleville).

If Illinois would join the Compact, all decisions about students of parents who are in the military who transfer into a school district would be determined by this interstate commission – not the school district or the state. Decisions about student placement in classes, graduation requirements, immunizations, participation in sports or other extracurricular activities, would not be made by the local school district or even state law – but would be solely determined by the interstate commission. A synopsis of the military compact can be found here.

The Alliance and other education groups strongly opposed the legislation based, not on the concept behind the bill, but by the bill's drafting that usurps local school district and state authority to make decisions. All agree that efforts should be made by school districts to facilitate the educational experience of all students who transfer into the area. The Alliance offered an alternative amendment which would have addressed the concerns brought forth by military personnel, but by changing current state law instead of by joining the military compact. The Alliance amendment was not considered by the committee.

Opposition to the military compact bill was led by Alliance lobbyist Susan Hilton and Sam McGowen, Superintendent of Mascoutah SD 19. They reached out to supporters of the bill in search of a compromise, drafted an alternative amendment, and ultimately testified against the bill in committee.

The military compact initiative will likely emerge again in the Capitol in the spring legislative session.

AED CLARIFICATION APPROVED

A bill was approved that clarifies that a school district is not responsible for providing an Automated External Defibrillator (AED) or a trained AED user if the activity taking place is not a school-sponsored event. SB 1371 (Crotty, D-Oak Forest) makes clarifications to the law that requires school districts and other entities to have access to an 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. So, if another organization – say a Little League baseball team or Junior Soccer League team – uses a school's baseball diamond or soccer field in the summer the school district is not responsible for providing an AED or a trained AED user.

SB 1371 will be sent to the governor for consideration.

MORE FUNDING FOR SCHOOL CONSTRUCTION?

A bill is on the way to the governor, SB 1514 (Viverito, D-Burbank), which could provide an avenue for additional funding for school construction. It allows for the issuance of "Qualified School Construction Bonds" if the governor so directs. The bill includes authorizing language for school districts to apply for Qualified School Construction Bonds, which is a new program set up within the federal stimulus package. The bond program uses the same tax credit financing mechanism as the relatively small Qualified Zone Academy Bond program (QZAB). The federal government will provide tax credits to bond holders in lieu of interest payments, and school districts will only be responsible for repaying the principal. This program will allocate 40% of funds to the 125 poorest school districts nationally. Other qualifications are unknown at this point, but there is not supposed to be any match requirements attached to this program. It is also uncertain at this point to which agency school districts will apply for this program.

OTHER BILL ACTION THIS WEEK

SB 227 (Dahl, R-Granville) extends to 35 years the Tax Increment Financing districts for Mendota, Cahokia and Belleville. The Senate concurred in the House amendment and the bill will be sent to the governor for consideration.

SB 595 (Koehler, D-Peoria) extends the Tax Increment Financing District in the Village of Bellevue to 35 years. The bill was approved by the House of Representatives and will be sent to the Governor for consideration.

SB 932 (DeLeo, D-Chicago) provides that the Secretary of State shall suspend a school bus driver permit for 3 years if the permit holder fails to perform a post-trip inspection in accordance with the school district or private school bus company inspection policy. It requires a school bus to have an operating digital two-way radio while the school bus driver is in possession of a school bus, and the device must be turned on and adjusted in a manner that would alert the school bus driver of an incoming communication request. The Senate concurred in the House amendments and the bill will be sent to the governor for 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 Illinois State Board of Education (ISBE). The motion to override the Governor's amendatory veto was defeated in the House of Representatives and the bill is dead.

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 House voted to override the governor's amendatory veto and the bill becomes law in its original form without the governor's proposed changes.

SB 2188 (Clayborne) 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. The bill was approved by the House of Representatives and will be sent to the governor for consideration.

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 Senate voted to override the Governor's Amendatory Veto and the bill becomes law in its original form without the Governor's proposed changes.

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 Senate voted to accept the Governor's Amendatory Veto and the bill becomes law with the Governor's changes.

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 Senate voted to override the Governor's Amendatory Veto and the bill becomes law in its original form without the Governor's proposed changes.

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 Senate voted to accept the Governor's Amendatory Veto and the bill becomes law with the Governor's changes.

HB 725 (Watson, R-Jacksonville) encourages school boards to implement American Sign Language (ASL) courses into school foreign language curriculum. The Senate voted to accept the Governor's Amendatory Veto and the bill becomes law with the Governor's changes.

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. The bill also allows 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 House concurred in the Senate amendment and the bill will be sent to the Governor for consideration.

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 Senate voted to override the Governor's Amendatory Veto and the bill becomes law in its original form without the Governor's proposed changes.

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 Senate voted to override the Governor's Amendatory Veto and the bill becomes law in its original form without the Governor's proposed changes.

HJR 77 (Smith, D-Canton) denies the following mandate waiver requests: the Lake Park CHSD 108 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 resolution was adopted by chambers and those waiver requests are denied.

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