SELECT BILLS PASSED IN THE ILLINOIS GENERAL ASSEMBLY
PERTAINING TO EDUCATION
JUNE 1, 2013
PREPARED BY BEV JOHNS
House Bill 64–Ford. Creates the Privacy in the School Setting Act. Replaces references to “school” with “post-secondary school” and makes corresponding changes in the bill. Sets forth a definition of “elementary or secondary school”. Removes references to prospective students. Provides that the provision concerning prohibited inquiries does not apply when a post-secondary school has reasonable cause to believe that a student’s account on a social networking website contains evidence that the student has violated a school disciplinary rule or policy. Provides that an elementary or secondary school will include notification to the student and his or her parent or guardian that the elementary or secondary school may request or require a student to provide a password or other related account information in order to gain access to the student’s account or profile on a social networking website if the elementary or secondary school has reasonable cause to believe that the student’s account on a social networking website contains evidence that the student has violated a school disciplinary rule or policy. Provides that these expectations and the notification must be published in the elementary or secondary school’s disciplinary rules, policies, or handbook or communicated by similar means. Removes language that requires an elementary or secondary school to establish expectations for students regarding the use of social networking websites. Requires that the school just provide notification instead. Passed both Houses.
House Bill 129–Welch. Permits (instead of requires) a school board to designate the first Monday in October of each year “Bring Your Parents to School Day”. Provides that on this day, a school board may (instead of shall) permit the parents or guardians of students to attend class with their children and meet with teachers and administrators during the school day. Passed both Houses.
House Bill 946–Yingling. Amends the School Code. Creates the Young Adults Heroin Use Task Force to address the growing problem of heroin use in high schools across this State. Sets forth the membership of the Task Force. Requires the Task Force to conduct a study on the heroin use problem in high schools and suggest programs for high schools to use to address the problem, which programs may involve local law enforcement agencies. Requires the Task Force to report its findings and recommendations to the General Assembly and Governor on or before June 30, 2014. Abolishes the Task Force and repeals these provisions on July 1, 2014. Effective immediately. House Committee Amendment No. 1
Removes language that provides that the Task Force shall meet initially at the call of the Speaker of the House of Representatives, shall select one member as chairperson at its initial meeting, and shall thereafter meet at the call of the chairperson. House Committee Amendment No. 2
Removes language that provides that the Task Force shall meet initially at the call of the Speaker of the House of Representatives, shall select one member as chairperson at its initial meeting, and shall thereafter meet at the call of the chairperson. House Floor Amendment No. 3 Replaces everything after the enacting clause. Reinserts the contents of the bill as amended by House Amendment No. 2. Effective immediately.House Floor Amendment No. 4
Replaces everything after the enacting clause. Reinserts the contents of the bill as amended by House Amendment No. 2, but changes the membership on the task force. Senate Committee Amendment #1–Replaces everything after the enacting clause with the engrossed bill with the following changes. Adds to the Task Force membership 4 members of the Senate, appointed by the President of the Senate; 3 members of the Senate, appointed by the Minority Leader of the Senate; one representative of a statewide association representing school boards, appointed by the Governor; and one representative of a statewide association representing school principals, appointed by the Governor. Removes provisions allowing the members of the Task Force to be reimbursed for certain expenses. Provides that the Department of Human Services’ Division of Alcoholism and Substance Abuse (instead of the State Board of Education) shall provide administrative and other support to the Task Force. Effective immediately. Passed both Houses.
House Bill 1288–Gabel. Provides that the State Board of Education shall adopt State complaint procedures (instead of State complaint procedures that allow a parent, individual, organization, or advocate to file a signed, written complaint with the State Board of Education alleging that a school district, cooperative service unit, or this State has violated the rights of one or more children with disabilities). Makes changes concerning the response to a complaint. Removes the amendatory language that provides that State complaint procedures may be used to allege non-compliance by a school district or other public entity with a decision of a due process hearing officer. Changes a reference from a school district or other public entity agreeing to participate in mediation to a school district or other public entity voluntarily agreeing to participate in mediation. Restores current law to provide that if applying for initial admission to a school district, the student shall, with the consent of the parents (if the student is not at least 18 years of age or emancipated), be placed in the school district program until all such proceedings have been completed. Senate Floor Amendment 2 replaces everything after the enacting clause. Reinserts the contents of the bill as engrossed with the following changes. Removes the provisions concerning the adoption of State complaint procedures from the Section concerning an impartial due process hearing and places those provisions in a new Section; makes related changes. Effective immediately. Passed both Houses.
House Bill 1446–Zalewski– Amends the Children with Disabilities Article of the School Code. Replaces provisions that specify when special education services shall be provided or the child must be placed in the appropriate program with provisions that require that special education and related services shall be provided in accordance with the student’s IEP no later than 10 school attendance days after notice is provided to the parents pursuant to specified provisions of the Code of Federal Regulations and implementing rules adopted by the State Board of Education. Effective immediately. Passed both Houses.
House Bill 2245–Chapa LaVia. Amends the Abused and Neglected Child Reporting Act. Provides that within one year of initial employment and at least every 5 years thereafter, school personnel required to report child abuse must complete mandated reporter training by a provider or agency with expertise in recognizing and reporting child abuse (rather than upon employment and at least once every 5 years thereafter, school personnel, including substitute teachers, who work directly with students must complete mandated reporter training provided by an individual or agency with expertise in recognizing and reporting child abuse). Effective July 1, 2014. Passed both Houses.
House Bill 2267–Gordon-Booth. Amends the School Code. Provides that any school district with an enrollment of less than 750 students shall be dissolved and its territory annexed by the regional board of school trustees upon the filing of a petition. Provides that if, pursuant to petition, all of the territory of a district is to be annexed to another district, then the annexing district and the annexed district need not be contiguous if certain requirements are met and documented. Provides that 2 or more school districts not contiguous to each other, each of which has an enrollment in grades 9 through 12 of less than 600 students, may jointly operate one or more cooperative high schools if certain requirements are met and documented. Provides that (i) any 2 or more entire elementary districts that are not contiguous, (ii) any 2 or more entire high school districts that are not contiguous, or (iii) any 2 or more entire unit districts that are not contiguous may be organized into a combined school district if certain requirements are met and documented. Provides that if (1) a petition is filed for the reorganization of 2 or more school districts that requires a new school building to effectively educate students, (2) the change is granted and approved at an election, and (3) no appeal is taken, then, with the approval of the regional superintendent of schools, the change may become effective after one or more of the school districts have been awarded school construction grants; provides for the voiding of a petition. Makes other changes. Passed both Houses.
House Bill 2322–Chapa LaVia. Amends the Children with Disabilities Article of the School Code and the Children’s Mental Health Act of 2003. Provides that school social work services may be provided by qualified specialists who hold a Professional Educator License with a school support personnel endorsement in the area of school social worker. Provides that school social work services may include implementing social and emotional education programs and services, establishing and implementing bullying prevention and intervention programs, and evaluating program effectiveness. Provides that school social workers may implement a continuum of social and emotional education programs and services in accordance with students’ needs. Effective immediately. Passed both Houses.
House Bill 2420–Chapa LaVia. Amends the School Code. In the Teacher Certification Article, provides that a person who holds an active license issued by the State as a marriage and family therapist shall be deemed to have satisfied the continuing professional development requirements to renew a school service personnel certificate. In the Educator Licensure Article, includes marriage and family therapist as a school support personnel endorsement area that may be affixed to a Professional Educator License. Effective immediately. Passed both Houses.
House Bill 2428–Conroy. Amends the School Code. Provides that the State Board of Education shall establish the Task Force on Civic Education. Sets forth provisions concerning the members of the Task Force. Provides that the Task Force shall (1) analyze the current state of civic education in this State; (2) analyze current civic education laws in other jurisdictions, both mandated and permissive; (3) identify best practices in civic education in other jurisdictions; (4) make recommendations to the General Assembly focused on substantially increasing civic literacy and the capacity of youth to obtain the requisite knowledge, skills, and practices to be civically informed members of the public; and (5) make funding recommendations if the Task Force’s recommendations to the General Assembly would require a fiscal commitment. Provides that no later than May 31, 2014, the Task Force shall summarize its findings and recommendations in a report to the General Assembly. Repeals these provisions on May 31, 2015. Effective immediately. Adds one member appointed by the head of an association representing principals or district superintendents to the task force. Passed both Houses.
House Bill 2583–Burke. Amends the Chicago Teacher Article of the Illinois Pension Code. In the definition of “member”, specifies that an employer may not reclassify a non-hourly employee as an hourly employee for the purpose of evading or avoiding its obligations. Provides that any certified teacher or staff employed by a corporate or non-profit entity engaged in the administration of a charter school shall presumptively be a participant in the Fund, unless the organization establishes to the satisfaction of the Board that an individual certified teacher or staff member is not working as a teacher or administrator directly or indirectly with the Charter School. Changes and imposes penalties for failure to submit payroll records and pension contributions on time. Provides that an employer in possession of member contributions deducted from payroll checks is holding Fund assets, and thus becomes a fiduciary over those assets. Requires each Charter School to appoint a Pension Officer. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. Passed both Houses.
House Bill 2675–Lilly. Provides that all public school classes (instead of all classes) that teach sex education and discuss sexual intercourse in grades 6 through 12 shall emphasize that abstinence from sexual intercourse is a responsible and positive decision and is the only protection that is 100% effective against unwanted teenage pregnancy, sexually transmitted diseases, and acquired immune deficiency syndrome (AIDS) when transmitted sexually. Passed both Houses.
House Bill 2768–Welch. Amends the School Code. In a Section concerning a principal’s duties (in a school district other than the Chicago school district), provides that it shall be the responsibility of the principal to utilize resources of proper law enforcement agencies when the safety and welfare of students and teachers are threatened by illegal use or possession of weapons or by illegal gang activity. Specifically includes illegal gang activity as a criminal offense for which courts and law enforcement agencies must report to the principal of a public school whenever a child enrolled therein is detained. Passed both Houses.
House Bill 3063–Roth. Amends the Evaluation of Employees Article of the School Code. With respect to a provision that provides that a principal shall not be prohibited from evaluating any teachers within a school during his or her first year as principal of such school, adds language to provide that if a first-year principal exercises this option in a school district where the evaluation plan provides for a teacher in contractual continued service to be evaluated once in the course of every 2 school years, then a new 2-year evaluation plan must be established. Effective immediately. Passed both Houses.
House Bill 3070–Farnham. Amends the School Code. Provides that school guidance counselors, teachers, school social workers, and other school personnel who work with pupils in grades 7 through 12 shall be trained to identify the warning signs of mental illness and suicidal behavior (instead of just suicidal behavior). Passed both Houses.
House Bill 3190–Osmond. Provides that if the Centers for Disease Control and Prevention Advisory Committee on Immunization Practices’ recommendations for adolescents are updated, then the requirement under the provision concerning meningococcal conjugate vaccines should reflect those changes to be current. Deletes language providing that the immunization requirement shall apply beginning July 1, 2014 and that the requirement shall not apply if (i) the parent or guardian of the student objects thereto on the grounds that the administration of immunizing agents conflicts with the parent or guardian’s religious tenets or practices or (ii) a physician employed by the parent or guardian to provide care and treatment to the student states that the physical condition of the student is such that the administration of the required immunizing agent would be detrimental to the health of the student. Provides instead that the immunization requirement shall not apply before 6 months after final rules are approved and that existing Illinois standards for parental or legal guardian objections or medical objections.Removes the provision that requires the Department of Public Health to adopt the rule requiring students to receive an immunization containing meningococcal conjugate vaccine notwithstanding provisions of the Communicable Disease Prevention Act concerning the rulemaking process with respect to rules requiring immunization. Passed both Houses.
House Bill 3379–Tabares. Amends the School Code and the Critical Health Problems and Comprehensive Health Education Act. Requires a school board to adopt a policy that (1) states that teen dating violence is unacceptable and is prohibited and that each student has the right to a safe learning environment; (2) incorporates age-appropriate education about teen dating violence into new or existing training programs for students in grades 7 through 12 and school employees; (3) establishes procedures for the manner in which employees of a school are to respond to incidents of teen dating violence that take place at the school, on school grounds, at school-sponsored activities, or in vehicles used for school-provided transportation; (4) identifies by job title the school officials who are responsible for receiving reports related to teen dating violence; and (5) notifies students and parents of the teen dating violence policy adopted by the board. Provides that the Comprehensive Health Education Program may include instruction on teen dating violence in grades 7 (instead of 8) through 12. Effective July 1, 2013. House Committee Amendment #1 removes the provisions amending the School Code to require a policy on teen dating violence. Places the language requiring a policy on teen dating violence in the Critical Health Problems and Comprehensive Health Education Act instead. Effective July 1, 2013. Passed both Houses.
Senate Bill 1307–Lightford. Beginning with the 2014-2015 school year, lowers the compulsory school age from 7 years to 6 years (on or before September 1); makes related changes. Effective July 1, 2014. Passed both Houses.
Senate Bill 1515–Harmon. Specifies that the procurement of the program of group health benefits for Medicare-primary members and their Medicare-primary dependents by the Department of Central Management Services is subject to the approval of the applicable Chief Procurement Officer. Specifies that a particular limitation on the ability of the Department to enter into a contract without the approval of the Commission on Government Forecasting and Accountability does not apply to a contract entered into after the effective date of the amendatory Act and through January 1, 2014 to provide a program of group health benefits for Medicare-primary members and their Medicare-primary dependents that is comparable in stability and continuity of coverage, care, and services to the program of health benefits offered to other members and their dependents under the State Employees Group Insurance Act of 1971. Effective immediately. By January 1, 2014, the Department of Central Management Services, in consultation with and subject to the approval of the Chief Procurement Officers, shall contract or may otherwise available a program of group health benefits for Medicare-primary members and their Medicare-primary dependents. The Director may procure a single contract or multiple contracts that provide a program of group health benefits that is comparable in stability and continuity of coverage, care, and services to the program of health benefits offered to other members and their dependents under this Act. Beginning July 1, 2013, the Director may establish a program of financial incentives to encourage annuitants with 20 or more years of creditable service but who are not eligible for benefits under the Federal Medicare to elect not to participate in the program of health benefits provided under this Act. The election by an annuitant not to participat eunder this program must e made in accordance with the requirements of the act. It may include a prorate incentive for annuitants with fewer than 20 years of service. The financial incentives provided may not exceed $500 per month. Passed both Houses.
Senate Bill 1550–Radogno. Amends the Children with Disabilities Article of the School Code with respect to transition services. Provides that the first individualized education plan for when a student turns age 14 1/2 must include measurable post-secondary goals based upon age-appropriate transition assessments and other information available regarding the student that are related to independent living skills (instead of independent living skills where appropriate). Effective immediately. Passed both Houses.
Senate Bill 1931–Bivins. Amends the School Code. Creates the School Security and Standards Task Force within the State Board of Education to study the security of schools in this State, make recommendations, and draft minimum standards for use by schools to make them more secure and to provide a safer learning environment for the children of this State. Sets forth provisions concerning the membership of the Task Force, meetings of the Task Force, State Board support for the Task Force, and the duties of the Task Force. Provides that, on or before January 1, 2014, the Task Force shall submit a report to the General Assembly and the Governor on specific recommendations for changes to the current law or other legislative measures. Provides that, on or before January 1, 2014, the Task Force shall submit a report to the State Board on specific recommendations for model security plan policies for schools to access and use as a guideline, which report is exempt from inspection and copying under the Freedom of Information Act. Provides that the Task Force is abolished and these provisions are repealed on January 2, 2014.Makes changes to the membership of the task force. Effective immediately. Passed both Houses.
Senate Bill 2157–Cunningham. Allows excusal from physical education if the pupil has an individualized educational program under the Children with Disabilities Article (rather than an intellectual or physical disability). Provides that the athletic program the pupil is participating in must be an adaptive athletic program. Passed both Houses.
HJR0001–Chapa LaVia. Creates the Truancy in Chicago Public Schools Task Force. Adopted by both Houses.