From: STATESUP
Sent: Friday, August 22, 2003 4:36 PM
To: Regional Superintendents and Special Education Directors District Superintendents
Subject: Weekly Message from State Superintendent Robert Schiller 8-22-03

Good afternoon,

 

Over the past few weeks, Governor Blagojevich has signed several education bills into law. In this message, we bring you up to date on the status of bills and resolutions that came out of the last session of the General Assembly. In addition, the message includes:

 

 

·        Waiver Procedures

·        Test State Data Corrections

·        State Board Delays Action on GED fees

·        NCLB Appeal Process

·        FY2004 Expenditure Reports

·        Bills signed into law

·        Register for Superintendent’s regional conferences

·        News stories of interest

 

 

Changes To Waiver Procedure Effective August 20

 

On August 20 Governor Blagojevich signed Senate Bill 206 into law and it is effective immediately (Public Act 93-0557).  As I noted in my weekly message of August 8, this legislation makes changes in the way in which eligible entities must apply for waivers and modifications of law and rules.  In particular, the Act requires that public hearings held by local boards of education to consider applications be held on days other than those used for regular board meetings and that the district provide written information to its State legislators in advance of the public hearing.  With the enactment of P.A. 93-0557, any application considered at a public hearing that was held on a regular board meeting day after August 20, 2003, will be considered ineligible and returned to the applicant. 

 

P.A. 93-0557 makes the following immediate additions to the waiver process described in Section 2-3.25g of the School Code (105 ILCS 2-3.25g):

 

  1. The public hearing required for all waiver and modification applications submitted to the State Board of Education must be held on a day other than the day on which a regular meeting of the local school board is held.
  2. The school district must notify in writing those legislators representing the district holding the public hearing of the district’s intent to seek approval of a waiver or modification, and of the hearing held to take testimony from educators.
  3. All waiver and modification applications submitted to the State Board shall attach a description of the public hearing that includes the means of notice, the number of people in attendance, the number of people who spoke as proponents or opponents of the waiver or modification, a brief description of their comments, and a note as to whether any written statements were submitted at the public hearing.

 

Please note that all other public notice requirements and deadlines for the waiver process were not affected by the passage of this new Act.  They are still in effect and must be followed whenever a district submits an application for a waiver or modification of law and rules.

 

 

As a reminder, the next deadline for submission of a waiver of the School Code is March 12, 2004, for inclusion in the May 2004 report to the General Assembly.  Applications to waive ISBE rules, or to modify the School Code or ISBE rules, can be submitted at any time, so long as the district allows for the 45 days allotted by the School Code for the State Board to review the request.

 

Here is a status report on legislation from the 93rd General Assembly.  

The full text of Public Act 93-0557 is available at http://www.legis.state.il.us/legislation/publicacts/fulltext.asp?Name=093-0557

 

Information on the waiver/modification process is available on the State Board’s website at http://www.isbe.net/isbewaivers/default.htm.  We will be updating the website and our waiver forms over the next few days.  If you have any questions, please call Winnie Tuthill or Shelley Helton at (217) 782-5270.

 

 

Deadline Approaches For Making Corrections To State Test Data

 

Please remember that the firm deadline for accepting corrections to state test data is September 15th, 2003.  After this date, all 2003 test data will be considered final.  Accuracy is extremely important since the state test results will be on your School Report Cards this October, and will be used for calculations of Adequate Yearly Progress (AYP) as required by the No Child Left Behind Act (NCLB) of 2001.  The most common errors seem to be those involving the coding of student test forms.

 

The following is an excerpt from instructions you received with your test reports:

 

“You may correct errors by marking needed changes to the reports.  Most mistakes occur because students have been misclassified (e.g., your reports have no students coded as having IEPs).  Changes for individual students should be marked on the School Roster.  Make copies for your records and return the originals to:

 

Pearson Educational Measurement

Attention:  ISAT (or PSAE or IMAGE) Reporting M/S 160

2510 North Dodge Street

Iowa City, Iowa 52245

 

Include a cover memo that describes the changes and is signed by the person authorizing the changes.  Revised reports will be provided when the changes are finalized.  If you have any questions, call PEM at 1-800-627-7990, state code 814, or call the Student Assessment Division at the Illinois State Board of Education, at 217-782-4823.”

 

 

State Board Defers Action On Raising GED Fees

 

At its meeting Wednesday, the State Board decided to defer action on raising fees for the GED examination while it explores whether there are other options that will allow the program to remain in operation. Without the fee increase, or revenue from some other source, the high school equivalency program -- which served some 23,000 persons last year – will close down January 1, 2004, because recent line item veto cuts to the education budget eliminated ISBE’s capacity to administer the program.

 

Agency representatives will meet with representatives from the adult education community to discuss alternatives to the fee increase. At the board meeting, I presented to the board a “worst case scenario” fee increase schedule that would raise the application fee from the current $35 to $80 and would also increase fees for re-testing, for duplicate certificates and for transcripts.

 

The American Council on Education of Washington, D.C., owns the GED tests and contracts with state education agencies to administer it.  The Illinois GED testing program has been in existence since the 1940’s, and has been the responsibility of ISBE (in cooperation with ROE’s) since 1962. ISBE has administered the program in Cook County since 1994.

 

A fact sheet regarding the Illinois GED testing program is in a document detailing other recent cuts which can be viewed at: http://www.isbe.net/news/pdf/staff_reductions_plan_072203.pdf

 

 

Legislative update

Follow the link below for a status report on education related legislation from the 93rd General Assembly:

http://www.isbe.net/messages/bills.htm

 

Also, the Governor has signed into law the long-awaited changes to the citizenship requirements for educators. 

 

HB 3587 can be viewed in its entirety on the General Assembly website; however, in summary, the bill removes the requirement for obtaining citizenship within six years and requires only that a certification candidate who is not a citizen verify his or her intent to become a citizen.  No subsequent follow-up is necessary.

 

 

General Information

 

ISBE has developed a new form (ISBE 73-91) that will serve as the “Notice of Intent to Become a United States Citizen.”  A copy of this form is attached as a PDF file and you will be able to download it from our website   www.isbe.net/messages/F73-91.pdf

 

Targeted Information

 

There are essentially five groups of educators who are affected by this legislation.

 

·        Our immediate goal is to assure that individuals who would otherwise be employed during this school year are not prohibited from doing so because of the citizenship issue.

·        Those individuals whose registration has been held pending the Governor’s action can be employed for the current school year.  

·        All individuals whose registration or applications have been held pending resolution of the citizenship issue should be notified immediately that they will need to sign the “Notice of Intent” form and submit it to the State Board through your office.

·        Please work with your districts to expedite these cases and accommodate individual situations.  If you have questions, please call us on the ROE line. 

·        Teachers and other educators whose certificates were not up for registration this year can file the “notice of intent” now or at the time they renew their certificates. 

o    These individuals may request a new certificate that excludes the citizenship restriction; this should be done by submitting a request for a duplicate certificate and paying the appropriate fee.

o    However, even if these individuals do not request a new certificate, the citizenship restriction on their certificate will no longer have any validity.  Once an educator has filed the “Notice of Intent to Become a U.S. Citizen”, the citizenship requirement has been met and the certificate remains valid as long as the holder meets requirements for periodic renewal.

 

·        New certificate holders whose applications were submitted prior to the change in law should submit a signed “Notice of Intent” at the time they first register their certificate(s).  Their certificates will not include the citizenship language that has been included in the past.

 

·        Applicants who apply now and who check the form to indicate that they are not a citizen must provide evidence they are legally present and eligible for employment as required in the past. They must also complete the Notice of Intent form.

 

·        Individuals whose certificates have been canceled in the past because they did not become citizens within the required time period may request that the certificate be reissued.  We do not have the resources to seek out these individuals, but we will notify key groups to make it know that this option is available.  Educators in this group should file the Notice of Intent and ask their regional superintendent to forward a request for review of the case by the Certification and Professional Development Department.  Although each situation will be decided on an individual basis, the guiding principle will be to ensure that the educator is not denied a certificate because of the citizenship issue.  Individuals who otherwise qualify for the certificate must pay back registration fees but they will not be required to pay another application fee. 

 

We hope this information is sufficient to allow you to move forward quickly and appropriately.  However, if you need additional help, let us know via the ROE phone line or an email to Bob Bigham or Lee Patton. 

Public Act 93-470 (Senate Bill 878 of 2003) Allows an Appeal Process

The Illinois General Assembly passed and Governor Blagojevich recently signed into law two public acts which will assist Illinois in implementing the No Child Left Behind Act of 2001.  Senate Bill 878 on school accountability (now Public Act 93-0470) and House Bill 2352 on student assessment (now Public Act 93-0426), sponsored respectively by Senator Miguel DelValle and Representative Jerry Mitchell, have now become state law.

One aspect of Public Act 93-0470 outlines the right to appeal school or district status levels, recognition levels, or corrective action.  The State Board of Education is tasked with processing school and district appeals through an Appeals Advisory Committee.

Following is the language from the act specifically addressing appeals:

Following is the language from the act specifically addressing appeals:

 

(105 ILCS 5/2-3.25m)

Section 2-3.25m. Appeals. The appeals process outlined in this Section applies to all appeals from school districts pertaining to school or district status levels, recognition levels, or corrective action.  The State Board of Education shall provide notice and an opportunity for hearing to the affected school district.  The hearing shall take place not be later than 30 calendar days following receipt of the written appeal.  The appeals advisory committee created as specified in the Section may extend the hearing under special circumstances, in consultation with the State Superintendent of Education.  The State Board of Education may take into account exceptional or uncontrollable circumstances.

 

The State Board of Education shall process school and district appeals through an appeals advisory committee.  The committee shall be composed of 9 members appointed by the State Superintendent of Education as follows:

(1)   One representative of each of 2 professional teachers’ organizations.

(2)   Two school administrators employed in the public schools of this State who have been nominated by an administrator organization.

(3)   One member of an organization that represents school principals.

(4)   One member of an organization that represents both parents and teachers.

(5)   One representative of the business community of this State who has been nominated by a statewide business organization.

(6)   One representative of City of Chicago School District 299.

(7)   One member of the public.

 

Five members of the committee shall serve for terms of 2 years, and 4 members shall serve for terms of 3 years.  The State Superintendent of Education shall appoint initial members on or before July 1, 2003.  The committee shall annually elect one member as chairperson.

 

The committee shall hear appeals and, within 30 calendar days after a hearing, make recommendations for action to the State Superintendent of Education.  The committee shall recommend action to the State Superintendent of Education on all appeals.  The State Board of Education shall make all final determinations.

 

I am in the process of making appointments to the committee.  It is my intent to call an initial meeting of the committee, to be held once the forty-five day window for clarifying data discrepancies has come to an end on September 15th.  At that time the committee will determine its chairperson and terms of office, and create working guidelines.

 

Just as you considered any data discrepancies very carefully, please consider this process carefully as well.  Should your district or one of the schools within your district seek an appeal, please send me a letter explaining rationale and details as soon as possible.  If you have questions, feel free to contact me or Gail Lieberman at 217/782-5053.

 

Reminder: Registration Deadline Draws Near

 

Registration for the upcoming regional superintendents meetings is August 25.  Please remember that on-site registration will not be available.  Participants may register on-line at http://www.isbe.net/pdf/suptconf_reg.pdf and agendas for the meetings may be accessed at http://www.isbe.net/pdf/suptconf_agenda.pdf.

 

Newsclips

 

 

You may access several national and local news stories concerning education by visiting:  http://www.isbe.net/messages/ednews0822.htm

Robert Schiller

State Superintendent

   of Education

statesup@isbe.net