Legislative Update: May 15, 2012

Ladies and Gentlemen, we got a WIN! 

Thanks to the hard work of The CTU, the Lapsed Certificates Bill (SB3393, Steans) was signed into law last week by Governor Quinn.

Individuals who currently have lapsed certificates have the following options for reinstating their certificates until September 1, 2012.  Forms have been provided for this purpose and modifications have been made to ECS to allow registration of those certificates that lapsed solely due to failure to pay registration fees.

The first two forms may be downloaded from the “Certification Forms” list on the ISBE website at http://www.isbe.net/certification/html/forms.htm.  The third option is an online procedure available to educators only in their Educator Certification System (ECS) accounts. 

1. Holders of certificates that have lapsed due to the educator’s failure to complete professional development (or due to not having approval of appropriate Statements of Assurance) and who have chosen to complete 9 semester hours of coursework should engage in each of the following steps:

1. Complete the updated ISBE Form 73-93A
2. Print the form
3. Submit the form to the Educator Certification Division at ISBE
4. Include a cashier’s check for all back fees
5. Have official transcript(s) sent to ISBE

2. Holders of certificates that have lapsed due to the educator’s failure to complete professional development (or due to not having approval of appropriate Statements of Assurance) and who choose to pay the $500 penalty fee in place of completing 9 semester hours of coursework should engage in each of the following steps:

1. Complete new ISBE Form 73-93B
2. Print the form
3. Submit the form to the Educator Certification Division at ISBE
4. Include a cashier’s check for $500 made payable to the State Superintendent of Education
5. After 7 business days, the certificate holder must login to ECS and
6. Click on “Register Certificates” to pay all registration fees

3. Holders of certificates that have lapsed due solely to the educator’s failure to pay back fees should:

1. Log in to their ECS accounts
2. Click on “Register Certificates”
3. Follow the prompts to complete the reinstatement process
4. Pay all back fees and current registration by entering credit card information
5. If the registration is paid to 6/30/12, individuals must start the process again to register for the next cycle.

Although the process of reinstating lapsed certificates is all one, the payment for back fees will appear as one transaction on the credit card incurring a $1.75 convenience fee, and registration for the remainder of the renewal cycle will appear as a second transaction with another $1.75 convenience fee.  This is necessary because back fees are paid to ISBE and registration fees for FY13 forward are paid to the appropriate ROEs.

Former State House Representative Roger Eddy’s bill HB5575 (later picked up by Representative Kay) was bad for special education students in Illinois.  However, that bill is now sitting in the Rules Committee. 

HB 5575 would have increased the percentage of special education students allowed in one class. Current law prevents classrooms from having too many students in a single class who require Individualized Educational Programs (IEPs). State-wide, general education classroom rosters may not be more than 30% filled by students with IEPs. At 40%, the limit is already higher for general education classrooms in Chicago. The bill would allow those limits to be ignored in any situation involving a student whose special needs wouldn’t require modification of the content of the general education curriculum.

School Nurses: The Illinois Special Education Regulations 23 Illinois Administrative Code 226.840.  This change would return the regulations to original language that ensures students receive a full and comprehensive assessment by a highly qualified, certified school nurse who has had educational preparation to conduct this assessment. We all want to ensure that our students are evaluated by appropriately credentialed individuals.  The Illinois State Board of Education reported that they have received an unprecedented amount of comments regarding the certification crisis. The State Board of Education received over 1800+ comments on this one subject. More comments than any other issue in the history of the State Board! Congratulations to all of you who got the message out and were able to send in those comments. All the comments have not been recorded as of yet, but we have been told by our legal team that the majority were in favor of changing the language back to its original form.  Nothing has been changed at ISBE.  The IASN, along with their partners, including CTU, are continuing to pursue the language change for a more stable and permanent spot in school code.

“Lincoln is broke!”  At least, that’s the doomsday mantra in the statehouse. As such, legislators have a difficult time trying to establish a budget.  We know that revenue estimates vary from $31.5 to $34.1 billion.  The state has until May 31, 2012 to establish a budget.  We anticipate the following cuts to the state budget:

• $290 million in additional cuts to k-12 education,
• $180 million in additional cuts to higher education,
• $225 million in additional cuts to human services,
• $11 million in additional cuts to public safety.

There has been little movement in the Medicaid issues.  There is NO official plan regarding pension reform.   We know that the 5 state pension systems and the state unions are working with the Governor and the Legislative Leaders on a reform package.  There is no official movement on any pension plan and no bills or amendments were filed addressing the issue.  As for official pension reform with the Chicago Teachers Pension Fund, there are no bills addressing us, yet.  We must take the present time to reach out to our legislators in the State House and educate them on our issues. CTPF has excellent information on their website. Remember:

1. CTPF members do not contribute to or receive Social Security retirement benefits
2. Pensions create a positive impact on Illinois’ economy
3. Funding problems, not generous benefits, caused the current financial problems with the pension system
4. The State of Illinois provides minimal CTPF funding
5. Retirees depend on CTPF for health insurance

SB 1313 (Madigan, D-Chicago/Schoenburg, D-Evanston) will leave the health insurance benefit and premium structure for retired state employees, retired General Assembly members, retired judges, and retired state university faculty and staff to the discretion of the Director of Central Management Services (CMS). The legislation would require the modifications made by the Director of CMS to be approved by the legislative committee called the Joint Committee on Administrative Rules (JCAR). This does not mean the health insurance program that current retirees are covered by will change overnight. It does mean that there is more discretion for CMS to make any modifications they see fit, if they go through JCAR and collectively bargain the changes. The IEA opposed this legislation. Those who participate in the Chicago Teachers Pension Fund, Teachers’ Retirement Insurance Program (TRIP) or the College Insurance Program (CIP) are not impacted by this legislation. This legislation passed the House 74-43 and the Senate 31-20-1. The governor is expected to sign it shortly.

The voters of the state will have a say in how future pension enhancements are enacted. The Senate today approved House Joint Resolution Constitutional Amendment 49 (Madigan, D-Chicago) which will place on the November General Election ballot an opportunity to change the State Constitution. The House of Representatives has already approved the measure.  If the Constitutional Amendment is approved, it would require a 3/5ths vote of the legislature or local governments, including school districts, to adopt any benefit increase for any state pension or retirement system. The Amendment is adopted in one of two ways on November 6, either with 3/5ths of those voting yes on the question or a majority of those voting in the election approving the measure.

 
SUPPORT HB4246

Representative Currie is sponsoring legislation, HB4246 Amendment #1, that requires the State of Illinois to pay for the normal costs of CTPF benefits earned from 2013-2059. The normal cost is the annual amount required to fund future benefits. This would include a state appropriation of $191M to CTPF in 2013. 

The amendment also requires the primary employer, CPS, to make an annual contribution to ensure that our unfunded liability, currently $6.8 billion, is brought down to $0 by 2059.

The State currently picks up a large portion of the normal cost and unfunded liability for all non-Chicago public school teachers (TRS), but provides minimal funding for CTPF. Last year the State of Illinois allocated $2.4 billion for TRS and $10.4 million to CTPF and only $10.4 million to CTPF.

Chicago's teachers receive less than a penny for every dollar the State spends on downstate and suburban teachers' pensions. This amendment works toward a more equitable distribution of State pension funding for teachers and holds CPS responsible for paying for CTPF's unfunded liability.

CTU supports HB4246, which would strengthen our members' hard-earned pensions. Click here to voice your support for HB 4246.

 
HB4277 Charter School Full Funding

We need you to take action now! Oppose HB4277. This bill forces school districts to divert more funds from neighborhood public schools to charter schools. While public schools are funded almost entirely by taxes, charters receive private money from corporate privatization proponents.

Despite what charter proponents say, this Charter School Bill (HB4277) is not about reform or the betterment of our communities. Charter school advocates claim they need this full funding to pay and retain their teachers. However, the bill makes no mention of teacher pay. This bill is really about transferring a public good—Education—to private non-profits, where taxpayers have NO recourse or chance for accountability.

Fact 1 CPS faces a $712 million deficit due to the serious fiscal crisis as federal, state, and local revenues have decreased.  By increasing the required funding for charters, the state would decrease the amount available for neighborhood public schools that serve the vast majority of CPS students.
 
Fact 2 The FY 2012 budget already includes a funding increase in 2011-12 for charter schools.  Charters already receive:

• $348 million in annual support for charter and contract schools
• $9.7 million in new funds to open 4 new charter schools in 2011-2012
• $6.7 million in new funds to support 1,000 expanded slots for new students at currently operating schools in 2011-2012
• $22 million in new funds to add additional grades for 3,000 students in 2011-2012

Fact 3 Because of the district’s financial crisis, CPS reneged on a negotiated 4% pay increase for teachers and other staff, saving a mere $100 million.  CPS, per state statute, will be required to implement a longer school day, a new teacher evaluation system, and the new Common Core State Standards.  These new responsibilities beg the question:  how will CPS fund these new initiatives while simultaneously increasing funds for the Charter Schools?
 
Fact 4 Negotiated Charter legislation that passed in 2008 included a moratorium on new charter laws specific to Article 27A of the school code, which includes statutes on local and state finance for charters, until June 30, 2013.  The proposed legislation is a significant change to charter law, thus violating the spirit and intent of the agreement.

Tell your representatives to Oppose HB4277 Amendment #1. 

Click here to oppose HB 4277.

SB 636 (Lightford) was passed by the Senate this week.  This bill provides that a school board shall require that schools provide daily recess for all students in kindergarten through grade 5. It further provides that the recess must be at least 20 minutes in length.  Recess shall include unstructured play and may include organized games. If the principal determines that the weather is inclement, then the principal shall direct that recess be held indoors. A school board may require that schools provide daily recess for all students in grades 6 through 8. The school board must  prohibit the withholding of recess as a disciplinary action.

Reach out to your representatives and ask them to support recess in Chicago Public Schools by supporting SB636.

This bill is on the agenda for the Illinois House's Elementary & Secondary Education Committee hearing on May 22, 2012. Please contact committee members by clicking here.

Please reach out to members of the House Education Appropriations Committee (Page 64 Legislative Directory) and other lawmakers.  Please ask them to maintain the appropriation for Illinois National Board Certification Program.  We have “heard” that the current appropriation for this worthy program is $0.00.  Since 2010 the program’s funding has seen a decrease in funding.  This program is important.  Please make sure you ask the lawmakers to preserve the funding for the Illinois National Board Certification Program.

Tell your lawmakers that you need their support in appropriating funds for the Illinois National Board Certification Program. 

Defunding this program will have a negative impact on education in Illinois.  Did you know there are 6, 266 NBCT teachers in Illinois.  In Chicago there are approximately 1900 NBCT, President Karen Lewis of the CTU, being one of them.  Did you know that over 80% of the NBCTs elected to teach in a free and reduced lunch school?  Please do not defund this program!  Can we count on you?

Today, the Chicago Teachers Union released the following statement in response to Mayor Rahm Emanuel’s speech before Springfield lawmakers about pension reform:

Pensions provide secure and stable retirements, yet their very existence has come under attack. Educators, librarians, firefighters and other city employees earn modest pensions and do not benefit from social security. 

We applaud Mayor Emmanuel for acknowledging that our public school educators did not create this problem.  However, we challenge him to find solutions that respect the unfailing efforts of public school educators who paid faithfully into their retirement. 

The Mayor has talked repeatedly about “shared sacrifice” but in the pension proposals offered today he only asks for those who earn a modest pension to sacrifice.  The tax paying base of our city is being held responsible for someone else’s ill-advised decisions.  Mayor Emmanuel touts the 401K option as the gold standard.  Imagine if our public school educators only had the option of a 401K plan when the market tanked?  Where would they be now?

Let’s be clear, the average pension collected by one of our retirees is $41, 584 after working and investing faithfully for 30 years.  We have contributed to our pension at 9 percent every paycheck.  We do not benefit from Social Security and pay more for our pensions than the 6 percent social security contribution.  

The burden of this mess is not the fault of public school educators.  Reducing the benefits and increasing the costs for public school educators is not a sound solution.   Beneficiaries to social security receive a cost of living adjustment.  The mayor’s current proposal aims to freeze our cost of living adjustment for 10 years. We believe this is a violation of the state’s constitution. 

Chicago educators are in a unique position.  The state does NOT contribute to our pension like the others.  State support for Chicago Teachers Pension Fund (CTPF) has fallen in recent years. CTPF received $32.5 million in 2011, while the Teachers’ Retirement System (TRS) received more than $2.5 billion. Chicago’s taxpayers bear a double burden, funding TRS and their own system, without equal benefit.

Our nation’s current financial situation is predicated on the play now, pay later mentality.  Prior to 1995 our pensions were funded at nearly 100 percent.   In May 1995, CPS sought and received a change in the law which allowed them to keep pension tax revenue. From 1995 to 2005, CPS made no contributions to the pension fund.

This costly and reckless measure redirected more than $2 billion in funds designated for pensions into the CPS operating budget for excessive standardized testing, unproven charter school proliferation, and costly central office salaries.  Our hard earned pension income went into CPS operating budget.  Mismanagement of our resources resulted in class sizes ballooning, the achievement gap widening, school closings increasing, and our most experienced teachers being displaced from their classrooms.  In 2010, CPS was forgiven an additional $1.2 billion dollars in funding relief from the Illinois legislature. 

Where is the accountability when it comes to investments in these initiatives? 

CPS has squandered the retirement investments of our public school educators.  Public school educators did not make these decisions yet they are being forced to shoulder the burden of mismanagement of the CEO and Board of Education.

We want to be partners in cleaning up this mess.  We have continuously offered solutions to CPS.  We have suggested TIF reform and implored CPS to renegotiate bad loans with the banks, and to work with us to create new revenue streams.  We have challenged them to put the students first and resource the classrooms and cut central office bureaucracy so that all of Chicago’s students get the type of education they deserve. 

We need fiscal stability.  Our students, their families and our members and retirees depend on a healthy Chicago economy.  We depend on the stability of our pension funds for our retirement.  We are committed to working for a solution in a collaborative manner. 

Find out more about Legislative

• IL National Board Funding
• Recent Updates
• Bills: Class Size Cap
• Bill: Elected School Board
• Bill: School Closings Moratorium
• Bill: Twentieth Day Rule
• Regulations: School Nurses
• Bill: CPS Budget Testimony
• Bill: Recess
• CTU Platform