Lawmakers closer to banning unfunded school mandates

A new law that would limit the number of unfunded state education mandates on school districts' plates is close to passing, though not without significant changes.

The legislation, which passed the House March 18, would, through a school board's vote, allow districts to get around the various rules and regulations heaped upon them without accompanying state funding. Mandatory testicular cancer education, radon testing, dating violence education, flying only locally made flags, and posting signs on school buses about safe driving are just a handful.

Suburban school districts, deep in the red and awaiting promised millions from the state, have spent recent months rallying for a fix.

Elgin Area School District U-46, which predicts a $44 million deficit next year alone, spent $12 million last year on what are commonly called unfunded mandates. They included including early retirement options for teachers, purchasing environmentally friendly cleaning supplies and lower emissions standards for school buses. This year, even more have been added.

Along with decrying the state's budget mess, U-46 board President Ken Kaczynski and Superintendent Jose Torres have repeatedly spoken out against unfunded mandates. The district's Citizens Advisory Council held a capacity-filled unfunded mandates forum in mid-February.

The new law would not apply to special education, transportation, lunch programs or coursework mandates required for high school graduation.

Originally written to deal with what unfunded mandates in effect now along with those approved by lawmakers in the future, it was rewritten to exempt those already in existence.

"I would love to have some additional flexibility now for existing mandates," said State Rep. Roger Eddy, who filed the legislation. "But unions, advocacy groups all decided to come out of the woodwork."

Still, Eddy, a downstate Hutsonville Republican and school superintendent, isn't complaining.

Over the winter, Eddy was unsure the bill, along with an earlier resolution also dealing with unfunded mandates, would move out of the respective rules committees in which they were stuck.

"It's going to make a lot of people feel blamed for voting for unfunded mandates in the past," he said in January. "In an election year, (legislators) don't want to identify with bills they've voted for that are unfunded. It's sad. We're all a little bit too worried about that."

Growing pressure from school districts facing mounting deficits appears to have helped.

Along with U-46, Bensenville Elementary District 2 Associate Superintendent James Stelter, along with representatives from Addison Elementary District 4, Wood Dale Elementary District 7 and Fenton High School District 100, met with state Rep. Dennis Reboletti in mid-January to voice their concerns regarding unfunded mandates.

The resolution would require a state board of education committee to review the mandates placed on school districts.

That committee, according to the resolution, would determine by May 1 which existing elementary and secondary education mandates are unnecessary and costly.

It was adopted by the House with a 114-1 vote March 17.

The next day, Eddy's bill followed suit, with a 103-7 vote. Both now sit in the Senate.

"We kind of put this on a dual track," Eddy said. "I think there has been a significant recognition of the damage mandates do."