Executive Report

Special education rules

The State Board of Education approved new rules governing special education programs in Illinois schools January 17. The approved regulations are written to comply with a 1975 federal law (Public Law94-142), governing the education of all handicapped children. The new rules were developed by a satewide task force under the auspices of the Illinois Office of Education to meet the federal funding requirements for state policies, which assure a "free, appropriate" public education for mentally and physically handicapped children. In fiscal year 1979 Illinois will receive nearly $32 million from the federal government under Part B of 94-142. The $32 million does not represent an increase in anticipated funds.

In fiscal year 1980 the State Board of Education expects to budget $222 million for special education from General Revenue Funds. The two largest categories of special education spending will be personal reimbursement (mostly for teachers' salaries), $120 million, and transportation, $45.5 million. It is hoped the federal government will reimburse up to $76.8 million of the $222 million total.

Special education could receive one of the largest spending increases this year in state budgeting if the state board's recommendations are adopted. The board has recommended a $37.7 million or 20 percent increase over fiscal 1979 budgeting. In fiscal 1979, which ends June 30, the state is expected to spend $184.4 million.

Blizzard aid

A total of 41 Illinois counties were declared eligible for federal disaster assistance as a result of the January 13 blizzard, which dumped over 20 inches of snow on Chicago and Rockford. President Jimmy Carter approved emergency snow removal funds on January 16. Gov. James R. Thompson requested emergency loan service for all of Illinois' 102 counties, but the federal government turned down some requests. Meanwhile the state made $36.1 million available for storm relief loans through 103 northern Illinois banks.

The state did not receive asked-for disaster aid for 66 counties hit by heavy snow during a second blizzard January 23 and 24. The request was for snow removal. The Illinois Department of Transportation (IDOT) spent $10 million for snow clearance in the two weeks following the January 13 storm, and business losses were estimated at over $1 billion.

The January 13 snow storm was called "worse than 1967's" by Chicago Mayor Michael A. Bilandic, after 20.7 inches of wet snow was piled on the nine inches already on the ground. At least seven people died in Chicago as a result of the storm. The world's busiest airport, O'Hare International, was closed for two days, only the sixth time it has ever been closed. Peoria got 18 inches of new snow, added to its 20 inches of accumulation. Temperatures plunged to a record 22 below zero (Fahrenheit) in Peoria, a near-record 24 below in Rockford, and to 19 below in Chicago for its coldest reading of the century.

Downstate counties were not cursed with as much snowfall as upstate, but were blitzed by freezing rain and ice. On January 14 the Mississippi River was frozen solid at Chester, below the mouth of the Kaskaskia River, and ice floes were halting all barge traffic south to Cairo. Chicago school probation continues

The State Board of Education voted December 15 to keep Chicago School District 299 on probationary recognition status. The district has yet to integrate its schools as required by law and state regulation, but continues to be recognized by the state for funding purposes, since a detailed plan for desegregation has been approved.

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The "Access to Excellence" plan must begin to be implemented by the Chicago Board of education soon, since status reports are going to be required every 90 cjays beginning March 1, 1979.

All decisions on release of funds for new school construction in Chicago are to be deferred until it become clear that such construction will aid in the desegregation plan. The state board has asked that the Chicago board lend staff to help the state board identify problems with the desegregation plan, to explore new plans and to help community groups deal with desegregation.

Generic drug problem

Illinois' generic drug program has been in effect since July 1, yet it agrees very closely with a model federal program announced in January, according to director of the Illinois Department of Public Health, Dr. Paul Q. Peterson. Peterson said, "The Illinois listing of equivalent drug products, which pharmacists may use in the selection of drug substitutions, is the only state formulary in the nation which is in essential agreement with the 2,000 drug products just listed by the federal government as approved substitutions for prescribed brand-name drugs." Generic drugs are equivalent in quality to brand name drugs, but cost considerably less. The Illinois law allows pharmacists to substitute generics for brand name drugs and pass the savings on to customers, unless a physician rules out substitutes.

Dying with dignity

The Illinois Department of Public Health is developing regulations to control the quality of care provided to patients in "hospice" programs, and has begun plans for a series of educational symposiums to discuss acceptable hospice care. "Hospices" are places were terminally ill people are given help toward understanding death and toward rounding out their lives with dignity.

Erosion control hearings

The Illinois Department of Agriculture is nearing completion of state soil erosion and sediment control guidelines. Eight public hearings were held in January and February around the state to hear public opinion. Once a state program is adopted, local soil and water conservation districts will be reponsible for setting standards in line with agriculture department guidelines.

Scavenger sale

Tax delinquent Cook County property is expected to go up for scavenger sale in record amounts beginning May 7, as a result of a new state law (P.A. 80-1407), which became effective January 1. The law allows Cook County to sell property to the highest bidder after the property has been tax delinquent for five separate years. Backers of the law say it will help the county get problem properties off the delinquent tax rolls. Others say that similar laws have been used elsewhere to allow slum landlords to redeem ownership of property, free and clear of any back taxes.

Sewer bans

The Illinois Environmental Protection Agency has prohibited sewer extensions and service connections discharging 1,500 gallons of domestic sewage per day for 117 Illinois systems. Also on a critical review list are other municipal treatment plants. □

Attorney General Opinions

Publishing assessments

STATE law requires the publishing of tax assessment lists in newspapers to give taxpayers the opportunity to determine the equality of their assessments. In counties assessed as single units, rather than by townships or assessment districts, tax assessment lists must be published in a single newspaper of the county. This will avoid the necessity of taxpayers gathering several newspapers in order to compare all assessments in counties assessed as single units. The maximum rate newspapers may charge for publishing tax assessment lists is 30c per column line (S-1404).

Pension calculation changes, (S-1407): A recent act revising the Illinois Pension Code (///. Rev. Stat. 1975, Ch. 108'/2) changed the method of calculating state employees' pensions (P.A. 80-841, effective January 1, 1978). The pensions for full-time as well as part-time state employees are based on the actual earnings during a calendar period of four years. The fourth year of earnings in the four-year period cannot exceed 25 per cent of the final average yearly wage. The limitation applies only to earnings received in the last year of the period after January 1, 1978. Employees whose pensions were authorized prior to that date are not affected by the limitation.

Teachers' retirement increases, (S-1403): Initial increases in the pension benefits for retired teachers must be computed at the rate of 2 per cent per year. The recent amendment to the Illinois Pension Code (P. A. 80-1408, effective August 28, 1978), which raised automatic post-retirement increases from 2 per cent to 3 per cent per year only applies to subsequent annual increases.

Public water regulation, (S-1408): The Illinois Environmental Protection Agency (IEPA) has the authority to adopt technical policy statements to insure adequate public water supplies. These policy statements serve as guidelines for public water suppliers. IEPA's authority is derived from its statutory powers to approve and monitor public water supplies and to administer the Pollution Control Board's permit requirements under the Environmental Protection Act(///. Rev. Stat. 1977, Ch. 111 % sees. 15, 16, 4(g) and 39a).

Plumbing inspectors, (S-1402): All plumbing inspectors in Illinois must be licensed plumbers "regardless of which unit of government employs them or the code under which they function." Under the Illinois Plumbing License Act (///. Rev. Stat. 1977, Ch. 111, sec. 1103), governmental units decide if plumbing inspections are required, but inspections must be conducted by licensed plumbers. The stated purpose of the law is to safeguard the public health by requiring plumbers of proven skill.

Promotion grants, (S-1406): The Department of Business and Economic Development (BED) is not authorized to make flat grants to local promotion groups under the Illinois Promotion Act (///. Rev. Stat. 1977, Ch. 127, sees. 5-8). Local groups seeking to promote activities, e.g., tourism, may only receive matching grants from BED.

Merit system for jailers, (S-1405): Jailers employed on a full-time basis in the office of county sheriff "need not be included in the merit system" of any county having a population of less than one million. State law merely authorizes the county board to include jailers in the merit system, if they so choose (///. Rev. Stat. 1977, Ch. 34, sec. 58.1).

Deputies of circuit court clerks, S-1397: A reelected clerk of the circuit court must reappoint his deputies if he wishes to retain their services. The powers of a deputy clerk are derived from the clerk {People v. San Filippo (1929), 255 111. App, 554, 556), and a deputy has no existence except through the clerk ( Woodward v. Donovan (1912) 167 111. App. 503, 513). Therefore, a deputy clerk's appointment cannot extend past the clerk's term.

Voter registration, NP-1399: Registration is not a requirement for voting in an election for trustees of a fire protection district unless the district's board of trustees have adopted article 4, section 2 of the Election Code (///. Rev. Stat. 1977, Ch.46, sec. 4-1 et seq.) which would require voters be registered for such an election. If, however, House Bill 2554 is passed by the General Assembly, would require voters at fire protection district elections to be registered. The bill, which concerns the implementation of a schedule of consolidated elections, was amendatorily vetoed by Gov, Thompson on September 19, 1978.

Subdivision plats, S-1400: A county has the right to base approval of subdivision plats on reasonable regulations, and it has the right to require a bond be posted to insure that suck regulations are followed. It does not, however, have the authority to hold back approval of a plat until improvements required by county regula tions have been completed. The county's interest in the plat is protected by the bond.

Funds for school buses, S-1401: The Regional Transportation Authority (RTA) may not make grants to school districts for the purpose of covering the costs of school bus service. The RTA is only to make grants to public transportation agencies (///. Rev. Stat. 1977, Ch. Ill 2/3, sec 701.03). Since the general public is not entitledto ride on public school buses, they cannot be considered for RTA funding.

Sale of state vehicles, S-l 398: Proceeds from the sale of state vehicles belong in the General Revenue Fund of the state treasury. The attorney general had concluded the same in an earlier opinion, S-1032 (1976 111. Atty. Gen. Op. 60), but was asked to reassess his conclusion in light of passage of Public Act 80-161 which amended the Civil Administrative Code of Illinois (Rev. Stat 1977, Ch. 127, sec. 63M3.15). The change allows the Department of Administrative Services to adopt regulations for guidelines for "the acquisition, use, maintenance and replacement of motor vehicles used by the state." The attorney general aid the authorization does not grant power to replace vehicles but "merely authorizes regulations setting forth guidelines for such replace ment." Thus proceeds from state cars do not belong in the state Garage Revolving Fund.

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