Since this report is in summary form, the reader should secure the exact statutory wording before taking definitive action based upon the changes effected by the particular legislation. All Acts are effective upon passage unless otherwise indicated.
Illinois School Code
HB124, PA 91-365: Amends Section 2-3.13 (a)
In the requirements from a student transferring from another public school, there is added "whether located in this or any other state" when dealing with suspensions or expulsions based upon possessing a weapon, controlled substances, etc. on school grounds, etc.; and for new student transferring from an out-of-state public school, parent or guardian must certify in writing that the student is not currently serving a suspension or expulsion from the school last attended.
SB1168, PA 91-600: Adds Sections 2-3.126 and 10-20.31 and amends Section 14-8.05
Requires the State Board of Education to issue rules governing the use of time-out and physical restraint in public schools, including governing record keeping that is required when physical restraint or more restrictive forms of time-out are used. Section 10-20.31 amendatory provisions prohibit certain rooms or enclosures from being used for time-out purposes. Details concerning what is and what is not "restraint" are included.
HB1645, PA 91-376: Amends Section 10-11
Adds that the office of a school board member becomes vacant upon conviction of a violent crime against a child. Effective January 1, 2000.
SB554, PA 91-272: Amends Section 10-20.14
Adds a new subsection to parent-teacher advisory committee developing procedures to establish and maintain school bus safety and incorporated into the district's pupil discipline policy. (Effective January 1, 2000).
HB878, PA 91-491: Amends or adds to Sections 10-20.31, 10-21.7, 10-27.1A, 10-27.1B and 22-26
Section 10-20.31 deals with school safety assessment audit pursuant to the award of a grant by the state board to complete a school safety assessment audit. Section 10-21.7 deals with receipt of written complaint of incidents of battery committed against employees dealing with students to report to local law enforcement authorities immediately, and includes both public and private schools. Section 10-27.1A and 27.1B inserts provisions for mandatory immediate notification to the office of principal upon observation of any person in possession of firearm on school grounds, etc. A similar reporting requirement in 27-1B dealing with work-related incidents. In Section 22-26, provisions are made for a new task force on school safety.
SB1133, PA 91-175: Amends Section 10-20.31
School board cannot require a student to meet occupational standards for grade level promotion or graduation unless that student is voluntarily enrolled in a job training program. Effective January 1, 2000.
HB 795, PA 91-70: Amends Section 10-22.24a and adds Section 10-22.24b.
Revamps approach to school counselor certification from this state and other states and provides general expanded definition of "school counseling services."
HB1728, PA 91-314: Amends Sections 10-23.8 and 10-23.8a
By accepting the terms of a multi-year contract, the superintendent, principal or administrator waives tenure rights only for the term of the multi-year contract and shall not lose any previously acquired tenure credit with the District. Effective January 1, 2000.
HB 1194, PA 91-11: Amends Section 10-27.1A
Requires all school officials, including teachers, guidance counselors, and support staff, to immediately notify the office of the principal if they observe any person in possession of a firearm on school grounds, provided taking such action of notification would not endanger the health, safety, or welfare of students under direct supervision but notification to be given as soon as danger has passed. Provides directions to Juvenile Court if the one possessing the firearm is a juvenile.
HB1811, PA 91-3181: Amends Sections 13A-5 and 13A-6
Under the alternative school program curriculum and administration, the regional superintendent or a school district may contract with third parties for services otherwise performed by employees, apply for waivers or modification of mandates as necessary for the alternative school program.
HB1811, PA 91-318: Amends Sections 13A-5 and 13A-6
Under the alternative school program curriculum and administration, the regional superintendent or a school district may contract with third parties for services otherwise performed by employees, apply for waivers or modification of mandates as necessary for the alternative school program.
HB1291, PA 91-75: Amends Section 17-1
This deals with the annual budget and is in the vein of ratifying budgets and tax levies adopted before or after the effective date of the Act where the annual budget has been adopted within the time guidelines, regardless of which fiscal year the proceeds of the levy are extended or are intended to be extended and, except as otherwise provided by law, the board of education's adoption of an annual budget in conforming with this Section is not a prerequisite to the adoption of a valid tax levy and is not a limit on the amount of the levy.
SB175, PA 91-93: Amends Section 18-8.05
Changes component used to adjust state aid computations in certain circumstances. See Act for details.
SB840, PA 91-55: Amends Section 19-1, 230/5-15, 230/5-20
Amends debt computation section of school code (19-1) by adding new subsection (m) and the school construction law by amending Sections 5-15 and 5-20. Permits school district to issue bonds for a school construction project under voter approval even though statutory general debt limit is excessive of the amount that the district must finance with non-grant funds. District shall certify amount of bonds it plans to issue for the project. When the State Board approves the grant entitlement, it shall certify the amount the District shall be required to provide with non-grant funds to qualify for the grant.
SB648, PA 91-407: Amends Section 27A
Makes revisions to the Charter Schools Law.
HB230, PA 91-405: Amends Sections 27A-4 and 27A-7
When dealing with charter schools authorization, a board of education or an intergovernmental agreement between or among boards of education may present a proposal.
Other Laws
SB932, PA 91-595: Amends 3 ILCS 352/10, 352/15 and 352/30
Changes are made in the Bond Issue Notification Act. The governing body or the presiding officer thereof shall set the date, time and location of the hearing, the notice of hearing publication maximum number of days before the hearing changed from 21 to 30 days, and notice shall also be given by posting at least 48 hours before the hearing a copy of the notice at the principal office of the governing body and in the notice the name of the clerk or the secretary of the governmental unit shall appear above the respective line.
SB933, PA 91-57: Amends sections of the Election Code, Statute on Statutes 5 ILCS 798, 10 ILCS 3-1.2, 7/10, 8-8, 10-4, 12-5, and 28-3, 30 ILCS 350/15, 35 ILCS 200/18-205, 105 ILCS 5/19-3, Local Government Debt Reform Act, the School Code and Others
Elections held after July 1, 1999 shall meet revised notification procedures on public questions as set forth in Section 12-5 of the Election Code. Specific inspection of the legislation should be made before any future election involving public questions.
SB387, PA 91-352: Amends Election Code 10 ILCS 5/7-30 et seq.
Authorizes election authorities to permit high school seniors who meet certain requirements to be appointed as election judges. Effective January 1, 2000.
SB1150, PA 91-176: Amends 20 ILCS 2630/3
Amends the Criminal Investigation Act by making technical changes in the list of parties to whom information will be submitted prior to hiring.
SB1026, PA 91-211: Amends 30 ILCS 225/1
Adds savings bank to the list of institutions authorized to receive public funds under the Public Funds Investment Act.
HB1117, PA 91-493: Amends Local Government Debt Reform Act - 30 ILCS 350/16, 17 and adds 17.5
Adds limited bonds to general obligation bonds for which a tax may be levied to pay off outstanding amounts of debt service, sets 5 year limitation for referendum approved to be issued and 3 years for back door referendum bonds.
HB928, PA 91-425: Amends 35 ILCS 5-5, 12-50, 16-95, 16-125 and 16-160
Amends the Property Tax Code relating to real estate assessment for taxation procedures for Cook County, particularly before the Board of Review.
HB542, PA91-637: Amends 35 ILCS 105/3-5, 110/3-5, 115/3-5 and 120/2-5
Exempts from the two use taxes and two occupation taxes (a) beginning 1/1/2000 a motor vehicle donated to a public school district; and (b) personal property purchased through fundraising events sponsored by a parent-teacher association affiliated with an elementary or secondary school.
SB33, PA91-513: Amends 35 ILCS 200/15-35
Adds a new subsection (e) to permit exemption from taxation of school owned real estate which, for the purposes of financing, is transferred or leased to another or a subject of a leaseback where the school district has a right to use control and possess the property. Also contains other provisions applicable when financing of school real estate is involved.
SB376, PA91-523: Amends 35 ILCS 200/18-55 and adds Division 2.1 to Article 18
For purposes of Truth in Taxation Law, taxing district definition changed to exclude taxing districts that have some territory in Cook County from January 1, 2000 to December 31, 2002 and a new Cook County Truth in Taxation procedure is added to be repealed on January 1, 2003 as added. Effective January 1, 2000.
SB37, PA91-578: Amends 35 ILCS 200/23-10
For counties with over 3 million inhabitants, when complaint or amendment is filed by a tax objector, there must be included a summary of the reasons for the tax objections which are to be filed with each taxing body.
SB55, PA91-17: Amends 40 ILCS 5/16-133.2
Extends Early Retirement Option from June 30 in 2000 to 2005 and, when TRS member has 34 years of creditable service, drops requirement for school district to pay funds to TRS upon retirement.
SB820, PA 91-161: Adds a new section 50 ILCS 105/1.3
Allows aldermen from a village or incorporated town of fewer than 2,500 inhabitants to also hold membership on the school board.
SB529, PA 91-525: Amends 225 ILCS 235/10.3
Is similar to SB527 (below) in providing notifications relating to application of pesticides to school grounds, etc.
SB527, PA 91-99: Amends 415 ILCS 65/3
Establishes set of notification procedures prior to application of pesticides to school grounds, etc.
SB31, PA 91-260: Amends 625 ILCS 5/11-1414
Amends the Illinois Vehicle Code to apply the same stopping requirements when a school bus is stopped to receive or discharge pupils on a roadway in school property as applicable to the situation on a highway. Effective January 1, 2000.
SB987, PA 91-168: Amends 625 ILCS 5/12-815, 12/815.1
Changes Illinois Vehicle Code to require that a school bus purchased after January 1, 2000 shall be equipped with one strobe lamp that will emit 60 to 120 flashes per minute of white or blue-white light visible to a motorist approaching the bus from any direction and after June 1, 2000 all emergency exits shall be outlined around the perimeter of the exit with a minimum one-inch wide yellow reflective tape or detail and placed on the exterior surface of the school bus.
SB729, PA 91-356: Amends 720 ILCS 5/11-9.3
Amends criminal code. Adds requirement to the criminal code if permission granted to allow a sex offender upon the school grounds, the superintendent or school board president must inform the principal of the school where the sex offender will be present. Additional details are included. Effective January 1, 2000.
SB941, PA 91-628: Amends 745 ILCS 10/9-103 and 9-107
Provides legislative intent that as a matter of policy the use of the tax revenue authorized by the Tort Immunity Act for purposes not expressly authorized under this Act is improper. The provisions of the Section shall be strictly construed, consistent with the Act's express purposes. It also requires specific listing of certain types of expenditures in the annual report or audit.
Amendatory Vetoes
HB811, Amendatory Veto by Governor: New Act
Creates the Dissection Alternatives Act. School may excuse a student from performing or observing dissection who objects for any reason to participation and allow the student to complete an alternative project without being penalized or discriminated against and first applies to the 1999-2000 academic year.
Veto would eliminate underlined provisions.
HB1816, Amendatory Veto by Governor: Amends School Student Records Act
Permits release of student records or information contained therein to a SHOCAP (Serious Habitual Offender Comprehensive Action Program) committee member for the purpose of identifying serious habitual juvenile offenders and matching serious habitual juvenile offenders with community resources, pursuant to Section 5-145 of the Juvenile Court Act of 1987.
Veto would limit dissemination to those members who fall within the meaning of and to the extent consistent with the federal Family Educational and Privacy Rights Act "state and local officials and authorities."
Vetoes
SB812, Vetoed by Governor: Establishes new Public Construction Contract Act,
If a contractor who enters into a contract exceeding $75,000 discovers a subsurface or latent physical condition at the site differing materially from conditions indicated in the contract or an unknown physical condition, etc., steps must be taken to investigate the same and make an equitable adjustment in the price and to modify the contract conditions. Arbitration is provided for.
This publication has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. |