Fall 2007
HB 0816
Special Education – Child 18 – Transfer. Provides that the school district must notify the student and the student’s parents of the transfer of rights in writing at a meeting convened to review the student’s individualized education program during the school year in which the student turns 17 years of age. Requires the school district to mail the notice of the transfer of rights and a copy of the Delegation of Rights form to the student and to the student’s parents if they do not attend the meeting to review the student’s individualized education program. Provides that rights shall not transfer from the parents to the student if the student has been adjudged incompetent under State law or the student has not been adjudged incompetent, but the student has executed a Delegation of Rights to make educational decisions for the purpose of appointing the student’s parent or other adult to represent the educational interests of the student. Allows a student to terminate the Delegation of Rights at any time and assume the right to make decisions regarding his or her education. Provides that the Declaration of Rights shall include a declaration that the student will notify the school district immediately if the student terminates the Delegation of Rights. Veto Session 10-2-07.
HB 0895 (PA 95-0084)
Green Cleaning Schools Act. Provides that by no later than 90 days after implementation of the guidelines and specifications, all elementary and secondary public (with 50 or more students) shall establish a green cleaning policy and exclusively purchase and use environmentally-sensitive cleaning products pursuant to the guidelines and specifications, except that a school may deplete its existing cleaning and maintenance supply stocks and implement the new requirements in the procurement cycle for the following school year. Effective 8-13-07.
HB 0913 (PA 95-0568)
Probate – Short Term Guardianship Minor. Provides that the residence of a person who has legal custody of a pupil is deemed to be the pupil’s residence when the person exercises custody under a short-term guardianship, provided that a court order is entered that establishes the person as the pupil’s permanent guardian within 365 days of the pupil’s enrollment in the school district. Effective 6-1-08.
HB1279
IDPH-AEDS-Outdoor Facilities. Requires that outdoor physical fitness facilities have at least one automated external defibrillator (AED) on the premises. Provides that every privately owned or operated outdoor physical fitness facility must be in compliance on or before July 1, 2009. Provides that a physical fitness facility must ensure that there is a trained AED user present during all physical fitness activities. Provides that in the case of an outdoor physical fitness facility, the AED must be housed in a building, if any, that is within 300 feet of the outdoor facility where an event or activity is being conducted. Concurrent Calendar 10-5-07.
HB1347 (PA 95-0241)
Non-Instructional Service. Provides that a board of education may enter into a contract with a third party for non-instructional services currently performed by an employee or bargaining unit member or lay off those educational support personnel employees upon 90 days written notice. Adds conditions on the entering of such a contract, including providing that: (1) a contract must not be entered into during the term of a collective bargaining agreement; (2) any third party that submits a bid to perform the services shall provide comparable services; (3) a contract must not be entered into unless the school board provides a cost comparison; (4) a minimum of 1 public hearing to discuss the school board’s proposal to contract with a third party must be held; (5) a contract shall contain provisions requiring the contractor to offer available employee positions pursuant to the contract to qualified school district employees whose employment is terminated because of the contract; and (6) a contract shall contain provisions requiring the contractor to comply with a policy of nondiscrimination. Effective 8-17-07.
HB1839 (PA 95-0223)
Limit PE Mandate Waiver. Provides that an approved waiver from or modification to a physical education mandate may remain in effect for a period not to exceed 2 school years and may be renewed no more than 2 times upon application by the eligible applicant. Effective 1-1-08.
HB 1847 (PA 95-0148)
Deactivation – ESP. With respect to the deactivation of school facilities, sets forth how the positions at the school facilities being deactivated that are held by educational support personnel employees at the time of the deactivation are to be transferred to the control of the board or boards that will be receiving the district’s students. With respect to the formation of a new school district or districts, a school district or districts that annex all of the territory of one or more entire other school districts, or a school district receiving students from a deactivated school facility, provides that lists of the educational support personnel employed in the individual districts for the school year immediately prior to the effective date of the new district or districts, annexation, or deactivation shall be combined for the districts forming the new district or districts, for the annexed and annexing districts, or for the deactivating and receiving districts, as the case may be. Provides that if there are more full-time educational support personnel employees on the combined list than there are available positions in the new, annexing, or receiving school district, then the employing school board shall first remove or dismiss those educational support personnel employees with the shorter length of continuing service within the respective category of position, and the employment and position of each educational support personnel employee on the combined list not so removed or dismissed shall be transferred to the new, annexing, or receiving school board. Effective 8-14-07.
HB 1872 (PA 95-0141)
Vote Canvass. Amends the School Code to repeal a Section concerning the canvass of elections. Effective 8-13-07.
HB1877 (PA 95-0151)
Sick Leave – Birth – Adopt. In school district other than the Chicago school district, allows sick leave for birth, adoption, or placement for adoption. Effective 8-14-07.
HB3730
Teacher – Conduct Searches. Provides that school authorities and teachers must be acting on a reasonable suspicion based on professional experience and judgment in performing inspections and searches. Provides that “reasonable suspicion” shall be construed using the reasonable person standard, in which a person in the same circumstances could reasonably believe another person has been, is, or is about to be engaged in a prohibited activity. Provides that school authorities and teachers have the authority to perform an inspection or search if the inspection or search is conducted to ensure that classrooms, school buildings, school property, and students remain free from the threat of illegal drugs, weapons, or other illegal or dangerous substances or materials. Provides that the measures used to conduct an inspection or search must be reasonably related to the inspection’s or search’s objectives, without being excessively intrusive in light of the student’s age, sex, and the nature of the offense. Concurrent Calendar 10-5-07.
HB 1910 (PA 95-0152)
Partial Day – State Aid. For State aid purposes, provides that if, during a school day, a school district has provided at least one clock hour of instruction but must dismiss students from one or more recognized school buildings due to a condition beyond the control of the school district, then the partial day of attendance may be counted as a full day of attendance. Effective July 1, 2007.
HB 1969 (PA 95-0594)
Debt Limit. Authorizes Rochester Community Unit School District 3A to issue bonds with an aggregate principal amount not to exceed $15,000,000 if the school board determines that the building and equipping of a new high school building; the addition of classrooms and support facilities at the high school, middle school, and elementary school; the altering, repairing, and equipping of existing school buildings; and the improvement of school sites, as the case may be, are required as a result of a projected increase in the enrollment of students in the district. Sets forth requirements for the bond issuance, including requiring approval at a referendum. Provides that the debt incurred on the bonds shall not be considered indebtedness for purposes of any statutory debt limitation. Effective 9-10-07.
HR 0115
Establishes the School Impact Fee Task Force for the purpose of studying impact fees in Illinois.
SB 0398 (PA 95-0313)
Special Ed Payments. Allows reimbursement for the costs of educating a disabled student who is placed residentially by a State agency or the courts for care or custody, welfare, medical or mental health treatment, rehabilitation, and protection, provides that for the eligible costs of educating all disabled students residentially placed by a State agency or the courts or placed and paid for by a State agency for any of the reasons listed. Provides that reimbursements under the provision shall first be provided for claims made for the 2007-2008 school year payable in fiscal year 2008. Effective 8-20-07.
SB0424 (PA 95-0299)
Required High School Courses. Provides that the school board of a school district that maintains any of grades 9 through 12 is authorized to adopt a policy under which a student enrolled in grade 7 or 8 who is enrolled in the unit school district or would be enrolled in the high school district upon completion of elementary school, whichever is applicable, may enroll in a high school course required to receive a high school diploma under certain conditions. Provides that a school board that adopts such a policy must grant academic credit to an elementary school student who successfully completes the high school course, and that credit shall satisfy the high school graduation requirements. Provides that a student’s grade in any course successfully completed under these provisions must be included in his or her grade point average in accordance with the school board’s policy for making that calculation. Effective 8-20-07.
SB 0538 (PA 95-0308)
Use of School Facilities. Encourages school boards to allow community organizations to use school facilities during non-school hours. Provides that if a school board allows a community organization to use school facilities during non-school hours, the board must adopt a formal policy governing the use of school facilities by community organizations during non-school hours. Provides that the policy shall prohibit such use if it interferes with any school functions or the safety of students or school personnel or affects the property or liability of the school district. Effective 8-20-07.
SB0671
Custody – Legal Responsibility. Provides that acts tending to show that a person exercises legal responsibility for the pupil include, but are not limited to, providing public or private insurance for the pupil, paying for the pupil’s necessary expenses, assuming liability for damages caused by the pupil, or declaring the pupil as a dependent for income tax purposes. Concurrent Calendar 10-2-07.
SB 0843 (PA 95-0390)
Wind Turbines. Amends the School Code and the Public Community College Act. Allows school districts and community college districts to own and operate wind generation turbine farms that directly or indirectly reduce energy or other operating costs. Provides that the school district or the community college district may ask for the assistance of any State agency in obtaining financing options. Effective 8-23-07.
SB 1560 (PA 95-0396)
ESP’s. If the hours the employee works are reduced for certain reasons, then written notice must be given to the employee. Provides that if a reduction in hours is due to an unforeseen reduction in the student population, then the written notice must be mailed and given to the employee at least 5 days (instead of 30 days) before the hours are reduced. With respect to educational support personnel employees removed or dismissed for certain reasons, provides that if a school board has any vacancies for the following school term or within one calendar year from the beginning of the following school term, the positions thereby becoming available within a specific category of position shall be tendered to the employees who were removed or dismissed from that category or any other category of position (now, just from that category), so far as they are qualified to hold the positions. Effective 8-23-07.
SB1702 (PA 95-0232)
Student Biometric Information. Sets forth policy requirements for school districts that collect biometric information, including providing for written permission; the discontinuation of use of the information; the destruction of the information following the discontinuation of use; allowed use of the information; a prohibition on the sale, lease, or other disclosure of the information; and the storage, transmittal, and protection of the information. Provides that the failure to provide written consent for the collection of biometric information shall not be the basis for refusal of any services otherwise available to the student. Effective 8-16-07.