Distributed via Email: April 29, 2010

ENTERING THE HOMESTRETCH?

If the self-imposed deadline for the adjournment of the legislature holds, lawmakers have just a week to complete its business – including adopting a Fiscal Year 2011 budget. The General Assembly announced in January that it intends to conclude the spring session by May 7. Most of the substantive bills can be disposed of by that deadline, but the question lingers about what legislators will do regarding the FY ’11 budget.

Though Governor Pat Quinn continues to push for a 1% income tax surcharge for public education in order to avoid devastating cuts to our public schools, very few legislators (including House Speaker Michael Madigan) believe that is possible this spring. More likely is an “emergency budget” which allows the General Assembly to send to the governor lump sum amounts for each state agency and let him make the necessary budget line item allocations.

Both Speaker Madigan and Senate President John Cullerton have announced that they would – even absent an income tax increase – restore funding to public education in order to stave off the massive K-12 budget cut recommendation forwarded by the governor. Nothing has been agreed to yet, but some of the ideas include: closing business tax “loopholes”, a tax amnesty program, fund transfers from other state agencies, fund sweeps, and even increased taxes on cigarettes or taxes on the downloading of music from the internet. Likely a combination of these types of budget proposals will emerge.

SENATE PRESIDENT CULLERTON STATEMENT

Senate President Cullerton today issued a statement to the Alliance regarding proposed cuts to education:

“On March 10, 2010, Governor Pat Quinn proposed a series of cuts to education that includes spending reductions of $613 million in General State Aid payments and $400 million in mandated categorical spending for critical programs such as special education and school transportation.

After serious assessment and discussion with members of the Senate Democratic caucus, it is evident that there remains little if any support for these cuts to schools. So, to be clear, Senate Democrats support a budget plan that holds General State Aid payments to schools at current levels.  

To avoid a reduction in mandated categorical spending, a bi-partisan coalition of members of the Illinois House of Representatives must pass the cigarette tax (SB 44).   Through this measure, Illinois will realize approximately $200 million that will be matched with $120 million in federal funds, relieving pressure from Medicaid costs in the budget.  

Our caucus continues to maintain a serious commitment to developing a short-term and long-term approach to stabilizing the state budget. We support significant spending cuts and recognize that Illinois’ outdated revenue system is in serious need for reform. However, draconian cuts to education would drop Illinois to worst-in-the-nation status when it comes to state support for schools and will kick an estimated 20,000 teaching professionals into the unemployment line.”

BILLS PENDING ON MANDATE RELIEF, VOUCHERS

MANDATES

The bill designed to give school districts some much-needed relief from state-imposed unfunded mandates is still facing stiff opposition. HB 4711 (Eddy, R-Hutsonville) states that a school district is under no obligation to comply with any new mandated program enacted after the effective date of this law (if this bill would be signed into law) unless the state provides a specific appropriation for the implementation of the new mandate. Current mandates already on the books would still be in effect. The bill is stalled on the Senate floor as the teachers’ unions have brought in all of the other state unions (AFSCME, AFL-CIO, SEIU, etc.) to oppose the bill as well.

Even though the bill has already exempted future bills that relate to the “Race to the Top” program or any new funding requirement relating to labor issues, opponents are pushing for further amendments to weaken the bill. Negotiations among Representative Roger Eddy, Senator Ed Maloney, the Alliance, and the opponents are continuing.

VOUCHERS

The bill to establish a private school voucher program in Chicago is up again in a House committee this afternoon (Thursday, April 29). SB 2494 (Meeks, D-Chicago) would allow parents of children in the lowest performing Chicago elementary schools to receive a state voucher to pay for education at a non-public school. More information on the bill can be found in ALR (96-55).

An amendment was filed today that attempts to require that all of the funding for the voucher program be taken out of the Chicago Public Schools state aid allotment, instead of siphoning funds from other school districts across the state. It is still unclear however, exactly how this program will affect the state aid funding formula or the calculation and distribution of poverty grant funds. The bill also contains a line that states: “the State Board of Education shall assess whether the program has been financially and academically beneficial and shall make a recommendation on whether the program should be expanded to other schools in the City of Chicago or to other areas of this State”.

The House Executive Committee adopted the amendment and the amended bill is pending on the floor of the House of Representatives.

Please let your state legislators know our position on these two pieces of legislation.

HOT BILL ACTION FROM THIS WEEK

SB 3117 (Garrett, D-Lake Forest) , an Alliance initiative, extends the time period for allowing interfund transfers by three years (from June 30, 2010 to June 30, 2013). It allows a school district to transfer funds among the education fund, the operations and maintenance fund, and the transportation fund. The bill was approved by the House of Representatives and will be sent to the Governor for his consideration.

HB 16 (Flowers. D-Chicago) abolishes the Regional Office of Education that serves suburban Cook County and transfers those duties and powers to the Education Service Center. The bill was approved by the Senate and was sent back to the House of Representatives for concurrence in the Senate amendment.

HB 4674 (Eddy) , an Alliance initiative, provides an alternative method of accommodating transitional needs of students of military families as opposed to the State entering into a binding national “Military Compact”. The bill was approved by the Senate and will be sent to the Governor for his consideration.

HB 4797 (Mautino, D-Spring Valley) extends the special property valuation procedures for wind energy devices through assessment year 2016 (instead of 2011). The bill was approved by the Senate and will be sent to the Governor for his consideration.

HB 5120(Rose, R-Mahomet), supported by the Alliance, clarifies that a school bus must contain an operating two-way radio or a cellular radio telecommunication device while the school bus driver is in possession of a school bus. The bill was approved by the Senate and will be sent to the Governor for his consideration.

HB 5154 (Chapa La Via, D-Aurora), supported by the Alliance, amends the Personnel Record Review Act to provide that disclosure of performance evaluations under the Freedom of Information Act shall be prohibited. This would apply to all school district employees (a law signed earlier this year extended this protection to teachers, principals, and superintendents). The bill was approved by the Senate and will be sent to the Governor for his consideration.

HB 6041 (Eddy), supported by the Alliance, allows school districts to increase, abate, maintain, abolish, and re-create working cash funds and provides that moneys in the working cash fund may be used by the school board for any and all school purposes . The bill was approved by the Senate and will be sent to the Governor.

HB 6065 (Cross, R-Oswego) requires a parent to submit a diabetes care plan for a student with diabetes who seeks assistance with diabetes care in the school setting and provides that a delegated care aide shall perform the activities and tasks necessary to assist a student with diabetes in accordance with that plan. The bill was approved by the Senate and was sent back to the House of Representatives for concurrence in the Senate amendment.

OTHER BILL ACTION THIS WEEK

SB 615 (Holmes, D-Aurora) amends the Local Food, Farms, and Jobs Act to require the Department of Agriculture to establish, and make available on its website, an electronic database to facilitate the purchase of fresh produce and food products by schools. The bill was approved by the House of Representatives and will be sent to the Governor for his consideration.

SB 2499 (Noland, D-Elgin) provides that, if a school district's boundaries span multiple counties, then the Department of Revenue shall send to the ISBE, for the purpose of calculating general State aid, the limiting rate and individual rates by purpose for the county that contains the majority of the school district's equalized assessed valuation. The bill was approved by the House of Representatives and will be sent to the Governor for his consideration.

SB 2810 (Harmon, D-Oak Park) makes several changes regarding the awarding of contracts under the Local Government Energy Conservation Act. For the guaranteed energy savings contracts, it provides that energy savings may include energy reduction and offsetting sources of renewable energy funds including renewable energy credits and carbon credits. The bill was approved by the House of Representatives and will be sent to the Governor for his consideration.

SB 3334 (Lauzen, R-Aurora) amends the Property Tax Code to provide that boards of review and the Property Tax Appeal Board shall consider compulsory sales of comparable properties for the purpose of revising and correcting assessments. The bill was approved by the House of Representatives and will be sent to the Governor for his consideration.

SB 3608 (Demuzio, D-Carlinville) removes the provision requiring a consumer education proficiency test. The bill was approved by the House of Representatives and will be sent to the Governor for his consideration.

SB 3706 (Holmes) provides that the ISBE shall develop and maintain a nutrition and physical activity best practices database and that the database shall contain the results of any wellness-related fitness testing done by local school districts, as well as information on successful programs and policies implemented by local school districts designed to improve nutrition and physical activity in the public and charter schools. The bill was approved by the House of Representatives and will be sent to the Governor for his consideration.

HB 4586(Ford, D-Chicago) designates each March 25 as the Day of Remembrance of the Victims of Slavery and the Transatlantic Slave Trade. The bill was approved by the Senate and will be sent to the Governor for his consideration.

HB 4672 (Harris, D-Chicago) requires school social workers to attend the same in-service workshops as teachers regarding the instruction of the identification of the warning signs of suicidal behavior in teenagers. The bill was approved by the Senate and will be sent to the Governor for his consideration.

HB 4755 (Soto, D-Chicago) requires the ISBE to award 3 year grants to schools to facilitate the enrollment, attendance, and success of homeless children, subject to appropriation. The bill was approved by the Senate and will be sent to the Governor for his consideration.

HB 4820 (Davis, W., D-Hazel Crest) provides that in addition to existing requirements, applicants for a school bus driver permit must not have been convicted of aggravated reckless driving or driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof (rather than driving while intoxicated). The bill was approved by the Senate and will be sent to the Governor for his consideration.

HB 4873 (Davis, W.) makes changes to the offenses that disqualify a person for a school bus driver permit or a commercial driver's license. The bill was approved by the Senate and will be sent to the Governor for his consideration.

HB 4945 (Mathias, R-Buffalo Grove) permits governmental units to authorize the treasurer of the governmental unit to join with the treasurers of other governmental units for the purpose of jointly investing the funds of which the treasurer has custody. The bill was approved by the Senate and will be sent to the Governor for his consideration.

HB 5322 (Currie, D-Chicago) removes the "sunset date" for preschool educational program grants. The bill was approved by the Senate and will be sent to the Governor for his consideration.

HB 5481 (Kosel, R-New Lenox) allows for the funding of local gifted education programs by ISBE, through a request for proposals process, if funds are available for that purpose. The bill was approved by the Senate and will be sent to the Governor for his consideration.

HB 5633 (Mitchell, R-Rock Falls) provides that for school districts that have consolidated or approved a cooperative high school within a prior fiscal year, the grant index for the School Construction Grant Program shall be calculated for each of those school districts that form the new school district or cooperative high school and the average grant index of those school districts shall be used as the grant index. The bill was approved by the Senate and was sent back to the House of Representatives for concurrence in the Senate amendment.

HB 6079 (Black, R-Danville) provides for the establishment of cooperative high schools or elementary schools. The bill was approved by the Senate and was sent back to the House of Representatives for concurrence in the Senate amendment.

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 Statewide School Management Alliance.

Bill Text/Status: Illinois General Assembly

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