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LEGISLATIVE UPDATE By Phil Milsk, IASSW Legislative Liaison

11/02/07

The IL House just passed a Budget Implementation Bill for FY 2008 that includes education spending authority for the increased foundation level and special education personnel reimbursement, among many other items. This bill would require Senate approval and signing by the Governor. The Senate is hearing the bill in committee at 2 p.m. today, but there is no indication whether it will actually vote on it.

They also announced on the House floor that the Governor has "found" $27 million for a short-term mass transit bailout, but there were many unanswered questions about where this money is coming from. Apparently it comes from a federal transit maintenance bond program and there are questions as to whether it can be used for operations. The Federal Transit Authority must give its approval before the money can be spent on operations.

A new Budget Implementation bill passed both houses today, averting a school funding crisis, assuming the Governor signs the bill. The bill, SB 783, includes a $400 increase in the Foundation Level and an increase in special education personnel reimbursements ($1000/year for certified personnel and $700/year for non-certified personnel).

10/26/07

The Governor has finally signed SB 128 into law. It extends the Social Work Practice Act for 10 years. The Public Act No. is 95-687.

10/13/07

It's probably a good idea to get something out about SB 1463, which now will become law because both houses of the General Assembly have voted to override the Governor's veto.

SB 1463 amends the Silent Reflection and Student Prayer Act, 105 ILCS 20/1, by changing one word: It makes a brief period of silent prayer or silent reflection on the activities of the day at the opening of every school day mandatory rather than permissive.

Keep in mind the following: (1) The Act only applies to the opening of the school day, not to every class period; (2) the brief period of silent prayer or reflection cannot be conducted as a religious exercise; (3) "brief period" is not defined, so arguably it can be as short as a couple of seconds of silence; (4) there is nothing in the Act that authorizes disciplinary action or punishment for non-compliance. However, presumably the District's disciplinary code can be invoked if the non-compliance amounts to "gross misconduct"; (5) since this is a private moment of reflection, a student cannot be asked by a staff person or administrator about his or her private thoughts.

09/11/07

The Governor has signed HB 1647 (Pihos, R-Glen Ellyn and Cronin, R-Elmhurst) (School Service Personnel Certificate Renewal Requirements) into law as Public Act 95-592. The legislation, a collaborative project involving IASSW, School Counselors and other school service personnel associations, started out as HB 1007 (Mautino). However, after HB 1007 passed the House, that bill died when it was not sponsored by a member of the Senate. Fortunately, HB 1647 was available as a "vehicle" and the language was amended onto HB 1647, which then passed both houses and was sent to the Governor.

The new Act provides that school service personnel certificates are renewable every 5 years upon the completion of at least 80 continuing education hours. However, a person holding an active license issued by the State is deemed to have satisfied the CE requirements. The effective date of the law is July 1, 2008.
 

09/10/07

HR 2664, which has passed both houses of the Congress, is an effort to address college student loan industry abuses. It contains some loan forgiveness provisions for individuals employed in "public service jobs". I've cut and pasted the relevant provisions below, any number of which may apply to school social workers.

(3) DEFINITIONS- In this subsection:

`(A) ELIGIBLE FEDERAL DIRECT LOAN- The term `eligible Federal Direct Loan' means a Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan.

`(B) PUBLIC SERVICE JOB- The term `public service job' means--

`(i) a full-time job in emergency management, government, military service, public safety, law enforcement, public health, public education (including early childhood education), social work in a public child or family service agency, public interest law services (including prosecution or public defense or legal advocacy in low-income communities at a nonprofit organization), public child care, public service for individuals with disabilities, public service for the elderly, public library sciences, school-based library sciences and other school-based services, or at an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; or

`(ii) teaching as a full-time faculty member at a Tribal College or University as defined in section 316(b) and other faculty teaching in high-needs areas, as determined by the Secretary
 

09/04/07

The House was in session today and took a floor vote on SB 572, a bill that would fund Mass Transit through a couple of new taxes, one on real estate transfers and the other a regional sales tax in NE Illinois. The bill was 10 votes short of the necessary 71 votes for passage (a 3/5 vote is required now because the bill would go into effect immediately. A 3/5 vote is also required to override a veto, which the Governor has promised.)

The bill was placed on "postponed consideration", so it can be called again at any time. Because the sponsor, Rep. Hamos, asked to put the bill on postponed consideration, there is no official roll call vote available.

09/01/07

If you've been reading the papers you probably have a pretty good idea of what's been going on with the State Budget. To summarize where we stand, the House and Senate passed a budget bill, HB 3866, on August 10 and sent it to the Governor on the 13th. Late last week the Governor, as promised, vetoed or reduced budget lines totalling over $480 million. He wants to use the savings to fund healthcare expansion for the uninsured and to help low-income workers who have health plans to pay their premiums.

Here is a list of education-related budget vetos and reductions:

ITEMS ZEROED OUT OF THE BUDGET:
• $3,500,000 for Charter School Start-Up Grants
• $150,000 for Civic Education
• $3,000,000 for the "Healthy Kids/Healthy Minds" Vision Care in Chicago public schools
• $5,000,000 for "Severely Overcrowded Schools"
• $300,000 for the South Cook Intermediate Service Center
• $5,500,000 for Arts and Foreign Language Education (under section 2-3.65a of School Code)
• $863,336 for Arts Education
ITEMS REDUCED:
• The $15,000,000 for "fast-growth" districts was reduced to $7,500,000
• The $29,454,700 for transportation reimbursement to parents and guardians was reduced to $11,954,700 *the budget bill added $15 million over the FY '07 funding level – this veto cut that entire amount plus another $2 million.
• The $84,941,000 for the "School Safety and Educational Improvement Block Grant (ADA Block Grant) was reduced to $74,841,000 *deleting the entire $10.1 million dollar increase for FY '08.
• The $4,000,000 for the "Re-enrollment Student Program of the Alternative Schools Network" was reduced to $1,000,000.
• Over $587,000 was reduced from the State Board of Education operations budget.
The House is expected to vote on an override of many of the vetos and reductions. The Senate President has said publicly that he will not allow an override vote.
The House is expected to call a session day late next week to take up Mass Transit funding.

08/07/07

I. SESSION

We are in overtime session because we don't have a budget for FY 2008. We are operating on a one-month budget that ends on July 31st. The likelihood is they will pass another one- month budget for August and hopefully wrap things up in August. However, the leaders aren't close to agreement over revenue and spending although word is the Speaker and Pres. Jones are starting to work more closely. One stumbling block is the Governor's continuing opposition to raising the State income tax to fund education and other services.

II. LEGISLATION

SB 128(Social Work Practice Act) is on 3rd reading in the House. The bill extends the sunset date to January 1, 2018. It also includes language the Department added to update all of its regulatory acts that are sunsetting. The bill has to pass the House and go back to the Senate for a concurrence vote on 2 House Amendments before it goes to the Governor.

HB 817(Special Education Age of Eligibility). The bill defines the age 21 limit as age 21 "inclusive", meaning the day before the student's 22nd birthday. The Governor just signed this into law (PA 95-14). The new ISBE regs also contain this change.

HB 816/SB 396(Special Education Transfer of Parental Rights).
These identical bills incorporate the transfer of rights at majority provisions of IDEA into the School Code and add provisions allowing the student (if there is no legal guardian) to execute a revocable delegation of rights authorizing another adult to make educational decisions for the student. Both bills are on the Gov ernor's desk.

SB 79(IEPs and Autism)
Sets forth certain factors that must be considered by the IEP team for a student with an autism spectrum disorder. Expressly creates no new legal entitlements to services or programs. The bill has been sent to the Governor.

HB 1030(Special Ed Spending Reports)
Requires each district to submit a report specifying its special ed expenditures and the extent to which expenditures exceed receipts from all sources. Requires ISBE to compile into one report for the General Assembly and the Governor. Sent to the Governor.
 

07/27/07

Legislation Update

SB 1497-Preschool for All
Amends the School Code in regard to preschool education grants. Authorizes the State Board of Education to provide the primary source of funding for the program, subject to appropriations. Provides that the first priority for such funding shall be to qualified programs serving primarily at-risk children and second priority shall be given to programs serving primarily children with a family income of less than 4 times the federal poverty level. Defines “at-risk” and requires that the determination of “at-risk” must be made in accordance with screening procedures using criteria established by the State Board. Requires annual progress reports to the General Assembly by the State Board of Education by November 1 of each year. This legislation applies from July 1, 2006, through June 30, 2008, so “reauthorization” will be required prior to that date. Funding for this initiative in the amount of $45 million was included in the budget for FY 2007.
STATUS: Signed by Governor 7/25/06. Public Act Number not available at this time.

SB 2796-Special Education Due Process Hearings
This is the State Board’s legislation to revise sections of the School Code dealing with due process hearings and the qualifications of hearing officers to comport with IDEA 2004. It will likely pass and go to the Governor during veto session.
STATUS: In Senate for Concurrence with House Amendments.

SB 2762-Excusal from PE
Amends section 27-6 of the School Code to change provisions added last year regarding the excusal of special education students from PE if the class time is needed for special education supports. Provides that the decision to excuse a child with an IEP may be made by agreement between the parents and appropriate school personnel or, absent such agreement, by a recommendation of the IEP team. (Currently the law provides that the local school board makes the determination.) This bill will probably be passed during veto session.
STATUS: In Senate for Concurrence with House Amendments.

SB 2795-School District Reorganization
This bill is intended to facilitate the process of reorganizing school districts and give new options for combining certain types of districts, especially elementary districts that wish to merge with high school districts to form new unit districts.
STATUS: Public Act 94-1019, effective July 1, 2006.

SB 2202-Early Childhood Certificates
Makes changes in the section of the School Code dealing with early childhood certificates in regard to student teaching experience requirements.
STATUS: Public Act 94-1034, effective July 14, 2006.

SB 2898-Self-Administration of Medication
Provides that a student attending a public or non-public school must be allowed to self-administer an epinephrine auto-injection if the student is at risk of anaphylaxis. This section 22-30 of the School Code had previously been restricted to the administration of asthma medication.
STATUS: Public Act 94-792, effective May 19, 2006.

SB 2336-School Breakfast and Lunch Program
Amends the School Breakfast and Lunch Program Act and the Childhood Hunger Relief Act. Makes changes regarding incentives for establishing school breakfast programs and the annual report made by the State Board to the Governor and to the General Assembly. Clarifies the criteria for determining whether a district must operate a school breakfast program.
STATUS: Public Act 94-981, effective June 30, 2006.

HB 4202-Coverage for Outpatient Mental Health Treatment
Amends the Insurance Code. Provides that a group health plan must provide coverage for 60 (formerly 35) outpatient visits for the treatment of serious mental illness.
STATUS: Public Act 94-921 effective June 26, 2006.

HB 4125-Coverage for a Pervasive Developmental Disorder
Provides that a group health plan delivered, issued for delivery, renewed, or modified after the effective date of the bill must provide coverage for an additional 20 outpatient visits per year for speech therapy for treatment of a pervasive developmental disorder. Current law requires coverage for 35 visits.
STATUS: Public Act 94-906, effective June 23, 2006.

SB 1001-African-American HIV/AIDS Response Fund
Creates the African-American HIV/AIDS Response Fund in the State Treasury. Authorizes the use of funds deposited into the special fund for grants to prevent the transmission of HIV, the creation of an HIV/AIDS service delivery system, and the administration of the Act. Funds will come from State and Federal funds and other public resources. Lists 7 functions to be served by the Fund that relate to prevention, treatment and public education about HIV/AIDS in African-American and other communities vulnerable to HIV/AIDS.
STATUS: Public Act 94-797 effective May 22, 2006.

HB 4306-Perinatal HIV Testing
Amends the Perinatal HIV Prevention Act. Provides that a health care professional providing health care services to an expectant mother must recommend (rather than offer) HIV testing to the expectant mother. Requires the professional to inform the pregnant woman that, should she refuse HIV testing during pregnancy, her newborn will be tested for HIV. Requires the health care facility to note, as soon as possible after the infant’s birth, the results of the HIV testing in the newborn’s records. Makes other changes.
STATUS: Public Act 94-910, effective June 23, 2006.

SB 2630-Bullying Prevention
Amends the School Code to authorize school districts to make suitable provisions for instruction in bullying prevention in all grades and to include such instruction in regular courses of study. Allows a district to work collaboratively with a community-based organization providing specialized curricula in bullying prevention whose ultimate goal is to prevent sexual violence. This was an initiative of the Illinois Coalition Against Sexual Assault (ICASA). It was funded at $1 million for FY 2007.
STATUS: Public Act 94-937 effective June 26, 2006.

SB 2882-Class Size Reduction Pilot Program
Amends the School Code to create a class size reduction pilot program for grades K-3. The program will be implemented and administered by the State Board via grants awarded to districts based on applications. Grants will be used to offset the cost of operating and maintaining classes in grades K-3 at no more than 15 students per teacher per class. The use of a teacher aide is not to be used to meet this requirement. This pilot was funded at $10 million for FY 2007.
STATUS: Public Act 94-894, effective June 21, 2006.

SB 2191-Financial Literacy
Amends the consumer education section of the School Code to require instruction in understanding the basic concepts of financial literacy, which expressly include savings and investing, banking, credit scoring, managing credit debt, completing a loan application, State and Federal income taxes, and personal insurance. Creates the Financial Literacy Fund in the State Treasury. Authorizes the deposit of State funds and private contributions into the fund. Specifies the uses of the monies deposited into the fund. Urges the State Board of Education to include the basic principles of personal insurance and simple contracts in the next comprehensive revision of the Illinois Learning Standards.
STATUS: Public Act 94-929, effective June 26, 2006.

HB 4832-Community Service Education
Creates the Community Service Education Act. Establishes a Community Service Education Program administered by the State Board. Provides that participation in a program is voluntary. Lists items that constitute best practices. Provides that the program shall avoid duplication of existing programs. Authorizes the creation of local community service programs. Requires each local program seeking a grant to operate the program to have a Director of Community Service Education. Allows districts to form consortiums for the purpose of operating a program. Authorizes districts to enter into cooperative partnerships with public and private entities for the purpose of carrying out a program. Allows ISBE to adopt rules necessary to implement and administer the program. Provides for grants to local programs that meet the standards of the State Board, subject to appropriations for that purpose.
STATUS: Public Act 94-904, effective June 22, 2006.

HB 5243-Jane Addams Day.
Amends the State Commemorative Dates Act to designate December 10 of each year as Jane Addams Day to commemorate her great accomplishments, compassion and social conscience.
STATUS: Public Act 94-796, effective May 22, 2006.

SB 176-Budget Implementation for Education
Among other things, this bill provides for an increase in the Foundation Level of support from $5,164 to $5,334. It also contains provisions authorizing transitional or “hold harmless” assistance to a district to prevent its level of funding for 2006-07 from falling below its 2005-06 level.
STATUS: Public Act 94-835.

HB 4987-Behavioral Analyst
Amends the School Code to authorize the State Board to provide special education reimbursement to a school district for the services of a behavioral analyst. Defines “behavioral analyst” as a person who is certified by the Behavior Analyst Certification Board.
STATUS: Public Act 94-948, effective June 27, 2006.

HB 4986-Agricultural Education Programs
Amends section 2-3.80 of the School Code to provide the minimum requirements for a high school agricultural education program, including a State and nationally affiliated FFA chapter. Provides that agricultural education programs in existence prior to the effective date of this legislation and that do not have an active State and nationally affiliated FFA chapter are permitted to continue to operate and receive funding from the State Board.
STATUS: Public Act 94-855, effective June 15, 2006.

HB 4310-School Board Member Oath, Duties
Amends Article 10 of the School Code to provide an oath of office for School Board members. Each school board member, before taking his or her seat on the board, must swear or affirm that he/she will (1) faithfully discharge the duties of office in accordance with the US and Illinois Constitutions, and the laws of the State of Illinois, (2) respect taxpayers’ interests by faithfully protecting the school district’s assets, (3) encourage and respect the freedom of expression by other board members and others who seek a hearing before the board, (4) protect the privacy rights of students and employees, (5) recognize that the individual board member has no legal authority and that decisions can only be make by a binding vote of the board and (6) abide by the majority decisions of the board. Further provides that a school board must make all employment decisions in regard to the district superintendent.
STATUS: Public Act 94-881, effective June 20, 2006.

HB 5375-Reporting of Child Abuse and Neglect
Amends the Abused and Neglected Child Reporting Act by clarifying that school administrators and both certified and non-certified school employees are mandated reporters under the Act. Further changes the Act by providing that, if an allegation is raised to a school board member during the course of an open or closed school board meeting that a child who is enrolled in the school district of which he or she is a board member is an abused child, the board member shall direct or cause the school board to direct the superintendent of the district or other equivalent administrator to comply with the reporting requirements of the Act. Grants individual board members the authority to so direct the superintendent or equivalent administrator. (The oath of office created by P.A. 94-881 notwithstanding!)
STATUS: Public Act 94-888, effective June 20, 2006.

SB 859-Revocation of Teaching Certificate
Provides that a teacher’s certificate can be revoked for failure to disclose on an employment application any previous conviction for a sex offense.
STATUS: Public Act 94-991, effective January 1, 2007.

HB 2067-Juvenile Sex Offenders
This bill would remove provisions that currently require a juvenile who is adjudicated delinquent for an offense that, if committed as an adult, would be a sex offense, to register as a sex offender for 10 years within 10 days after attaining the age of 17. It would instead allow the court to determine at a sentencing hearing, based on a set of specific factors, whether to order registration and, if so, the duration of the registration. If registration is ordered, it would allow the State’s Attorney to petition for an extension of registration at least 90 days prior to the completion of the registration period.
STATUS: Governor’s Total Veto, July 3, 2006.

HB 1463-School Attendance and Driver’s License
Provides for the cancellation of the driver’s license or permit of a person under the age of 18 who is certified to be a chronic or habitual truant. Prohibits the issuance of a driver’s license or permit to an unmarried person under the age of 18 who fails to maintain school attendance. Allows exceptions for extraordinary circumstances such as economic or family hardship or medical necessity (to be defined by written criteria developed by each school district). Requires every local school district to provide quarterly notices to the Secretary of State of the names of students no longer enrolled.
STATUS: Public Act 94-916, effective July 1, 2007.

SB 2197-Truancy Intervention
The intent of this bill is to provide increased services to truant youth prior to the initiation of a petition to have the minor declared a Truant Minor in Need of Supervision pursuant to the Juvenile Court Act. It became an extremely complicated bill as a result of negotiations, but, in brief, it requires either the regional superintendent of schools or a community truancy review board to certify that truancy intervention services were provided before a petition can be filed. If it is determined that such services were not provided by the school, the minor is referred to the local comprehensive community based youth services agency for services. The CCBYS agency must make periodic reports to the ROE or to the community truancy review board. The reports must certify the date of the minor’s referral and the extent of the minor’s progress and participation in truancy intervention services provided by the agency. If, after referral of the minor, the minor declines or refuses to fully participate in truancy intervention services, then the CCBYS agency shall immediately certify these facts to the ROE or community truancy review board. The bill also authorizes the corporate authority of any municipality to adopt ordinances to regulate truancy within its jurisdiction, including a graduated fine schedule for repeat violations. Similar authority is given under the bill to a county board to regulate truants within the unincorporated areas of its jurisdiction.
STATUS: Public Act 94-1011, effective July 7, 2006.
 

03/01/07

IASSW's 2007 Legislative/Social Agenda
1) IASSW support HB129 and SB 128 to assure continued licensing of the social work profession in Illinois.
2) IASSW will continue to seek increased funding for K-12 public education and a more equitable funding distribution source for school funding.
3) IASSW will work to improve the language in HB428 which focuses on recertification of Type 73 certification.
4) IASSW will continue to focus on legislative action which promotes expansion of access to quality mental health services in Illinois.
5) IASSW and the legislative committee support NASW and their 2007 Legislative/Social Policy Agenda.
 

01/15/07

The 95th General Assembly is under way and there were several hundred House bills that were "pre-filed". One is
House Bill 129 (Saviano) which extends the sunset date for the Social Work Practice Act. There will also be a Senate bill sponsored by Senate President Emil Jones. Sen. Jones' bill is at the Reference Bureau being drafted. In addition to a 10 year extension of the sunset date, all professional licensure bills including ours will contain boilerplate language that the Department wants, including doubling the penalty for unauthorized practice.

The other bill of note is Senate Bill 1, introduced by Sen. Jones. It is a "shell" bill on school funding reform, meaning it contains no substantive language, but could become the vehicle for school funding reform language.

There is serious talk in Springfield about raising new revenue, so perhaps this could be the year that something will be done, although I'll believe it when I see it.

We have a long way to go in this session, but I just wanted to alert you to these bills. There will be a steady stream of new legislation filed in the next 6-7 weeks before we get into the heavy duty committee hearings schedule.

On another matter, JCAR issued a "prohibition" statement on the proposed special education rules. This means they cannot be filed with the Secretary of State. ISBE has 180 days from the date the statement was filed to work something out with JCAR. If nothing happens within the 180 days, ISBE has to start the rulemaking process all over again. Also, we hear that there are likely to be legislative subject-matter-only hearings on the proposed rules.

01/09/07

Today the Joint Committee on Administrative Rules declined to approve the proposed rules amending Part 226 (special education). It was unclear why JCAR took this action, except that it appears that members want legislative hearings held on the proposed rules before they are considered for adoption. The official JCAR report stating the reasons for its objections is not as yet available. It appears that the proposed changes regarding class size (226.730) were of primary concern. There were also comments from JCAR members about (1) parents not having sufficient opportunity to comment on the proposed rules (even though there was a 6 month comment period), and (2) the rules not being consistent with federal law.
Anyway, as soon as I get my hands on the official JCAR statement I will let you know what it says.

Please note that the composition of JCAR will be changing when the 95th General Assembly convenes tomorrow. Committee assignments will occur over the next couple of weeks.