Distributed via Email: August 24, 2010

APPLIES FOR EDUCATION JOBS FUNDS

Illinois will not receive a federal grant through the second phase of the “Race to the Top” program this year. The Illinois State Board of Education (ISBE) was informed earlier today (Tuesday, Aug. 24) by the U.S. Department of Education that Illinois would not receive a grant. The ISBE had hoped to receive as much as $400 million from the federal government through the grant to assist school districts in implementing specific education reform measures. Over 500 school districts in the state had signed a memorandum of understanding to implement the reforms in the hope of receiving a share of the $400 million.

Earlier this year Illinois also was overlooked by the federal Department of Education in Phase I of the Race to the Top initiative. Two states were awarded grants in the spring and 10 more states were “winners” announced today.

‘EDUCATION JOBS FUNDS’ LEGISLATION

Last week, Governor Pat Quinn submitted Illinois’ application for its share of the federal Education Jobs Funds established recently in legislation approved by Congress and signed into law by President Obama. Illinois schools could receive up to $415 million through this federal legislation. If Illinois receives the funds, the ISBE plans to distribute the receipts to school districts through the General State Aid formula.

“These funds are required to be used to pay salaries and benefits for school level personnel,” according to Illinois State Superintendent of Schools Christopher Koch. However, it is not entirely clear exactly what the federal guidelines are and what type of accounting procedures must be adhered to regarding the expenditure of these funds.

There are a host of federal requirements that complicate the issue of how the funds may be spent. There is a “maintenance of effort” requirement on the part of individual states so that they maintain current spending levels for education. There is the directive of the federal Department of Education stating that states’ are not to supplant state education spending with the new federal dollars. There is the goal that the funds are to be used to call back laid-off teachers or to retain current teaching jobs. And there is a provision that includes a state’s spending on higher education as part of the equation.

With these complications, many states are convening their state legislatures to deliberate on how these new federal funds will be distributed and how they may be spent – if the state qualifies for the program at all. In Illinois, however, there does not seem to be a movement to bring back the legislature to look at the Education Jobs Fund before the scheduled November Veto Session.

Continue to monitor the ISBE’s website for further information on this important issue. Here is a link to Superintendent Koch’s last report on the subject: http://www.isbe.net/board/archivemessages/2010/specialmessage081710.pdf

MANDATE RELIEF BILL SIGNED

A bill designed to provide relief to school districts from any future unfunded state mandates was signed into law by the governor this week. HB 4711 (Eddy, R-Hutsonville) is now Public Act 96-1441, effective Aug. 20, 2010.

The bill states that no school district is obligated to comply with any future mandate that is added to the Illinois School Code unless a separate appropriation has also been enacted that provides full funding for the mandate for the school year during which the mandate is required. Before discontinuing or modifying a new mandate, the school district must petition its regional superintendent of schools on or before Feb. 15 of each year to request to be exempt from implementing the mandate in the next school year. The petition shall include all legitimate costs associated with implementing and operating the mandate, the estimated reimbursement from state and federal sources, and any unique circumstances the school district can verify that exist that would cause the implementation and operation of such a mandate to be cost prohibitive. The regional superintendent then reviews the petition, convenes a public hearing, and on or before March 15 of each year, informs the school district of his or her decision. If the regional superintendent does not grant an exemption, the school district must implement the mandate or appeal the decision to the state superintendent of education.

OTHER BILLS SIGNED INTO LAW

HB 19 (Reitz, D-Steeleville) makes changes to the debt limits, bond issues, and school construction referendum requirements for Cahokia Community Unit School District 187. The bill is now Public Act 96-1438, effective Aug. 20, 2010.

HB 4647 (Davis, M., D-Chicago) requires the Anti-Crime Advisory Council, the Chicago Police Department, and the Chicago Board of Education to establish a hotline for the purpose of receiving anonymous phone calls for information that may prevent violence. The bill is now Public Act 96-1425, effective Jan. 1, 2011.

HB 5340 (Chapa La Via, D-Aurora) , in provisions concerning criminal history records checks, adds the Department of State Police or Statewide Sex Offender Database, or both (for clarification purposes) to the list of persons or entities to which the president of the school board or regional superintendent may transmit information concerning the record of convictions. It also requires student teachers to undergo a fingerprint-based criminal history records check and checks of the Statewide Sex Offender Database and Statewide Child Murderer and Violent Offender Against Youth Database. The bill is now Public Act 96-1452, effective Aug. 20, 2010.

HB 5483 (Kosel, R-New Lenox) amends the Open Meetings Act to require a public body to approve the minutes of its open meeting within 30 days after the meeting or at the second subsequent regular meeting. It also requires the minutes to be made available within 10 days (instead of 7 days) after their approval and to post the minutes on the website within 10 days (instead of 7 days) after their approval. Finally, the bill states that any person shall be permitted an opportunity to address public officials at the meeting. The bill is now Public Act 96-1473, effective Jan. 1, 2011.

HB 5515 (Hoffman, D-Collinsville) includes transfers from the school district’s life/safety fund to the Operations and Maintenance Fund, up to the $0.05 levy for local property taxes, for building repair work after providing the proper notice and public hearing. The bill is now Public Act 96-1474, effective Aug. 23, 2010.

HB 5836 (Golar, D-Chicago) makes changes regarding the self-administration of an asthma inhaler or epinephrine auto-injector in school. It requires written authorization from a pupil’s health care provider for the use of an epinephrine auto-injector (now, the authorization is from the pupil's parents or guardians) and requires the parents or guardians of a pupil to provide to the school the prescription label (instead of requiring the parents or guardians of the pupil to provide to the school a written statement from the pupil’s health care provider containing specified information) or, for use of an epinephrine auto-injector, a written statement from the pupil’s health care provider containing the specified information. The bill provides that in the event that the pupil’s health care provider determines that it is inappropriate for the pupil to self-administer his or her asthma inhaler, those instructions must be included in the prescribing information provided to the school. Finally, the bill provides for school immunity regardless of whether authorization was given by the pupil's parent's or guardians or by the pupil’s health care provider. The bill is now Public Act 96-1460, effective Aug. 20, 2010.

HB 6241 (Black, R-Danville) , for manufactured homes purchased and installed after the effective date of this new law, provides that a manufactured home installed on a private property that is not in a mobile home park must be installed in accordance with the manufacturer’s instructions and assessed and taxed as real property. The bill is now Public Act 96-1477, effective Jan. 1, 2011.

SB 2647 (Koehler, D-Peoria) makes changes for the Peoria school district in relation to its debt limitations, execution of leases, and use of the Peoria Public Building Commission. The bill is now Public Act 96-1467, effective Aug. 20, 2010.

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

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

Return to ALR Menu