School District Website Postings:Now What’s Required?

Presented by Heidi A. KatzRobbins, Schwartz, Nicholas, Lifton & Taylor, Ltd.

55 West Monroe Street, Suite 800Chicago, IL 60603(312) 332-7760www.rsnlt.com

POSTING MANDATES, GENERALLY

• Various provisions in the Illinois School Code,the Open Meetings Act (“OMA”), and the Freedom of Information Act (“FOIA”) require districts to post certain documents or data on their websites.

WHAT’S REQUIRED – by School Code, ifSD has website:

Board Member Training• In education and labor law, financial oversight and

accountability, and fiduciary responsibilities (four hours’ training required, within first year of Board Member’s first term that begins after June 13, 2011).

105 ILCS 5/10-16a.

WHAT’S REQUIRED – by School Code, ct’d.

Current ISBE School Report Card(ISBE will revamp format for 2013, per P.A. 97-671.)

• Also, written notice to parents that report card is on website (providing www. address), and that printed copy will be sent on request (with phone # to call).

105 ILCS 5/10-17a.

WHAT’S REQUIRED – by School Code, ct’d.List of contracts over $25,000 for current FY• Update list as contracts are awarded.• Include details on categories of awardees (minority-

and female-owned companies, etc.) required in “contract report” to ISBE.

...and current contracts with exclusive bargaining representatives.

105 ILCS 5/10-20.44.

WHAT’S REQUIRED – by School Code, ct’d.

Administrator and teacher base salary and benefits report

• “Benefits” includes, without limitation, vacation days, sick days, bonuses, annuities, and retirement enhancements.

105 ILCS 5/10-20.46.

WHAT’S REQUIRED – by School Code, ct’d.

Current annual budget• Itemized by receipts and expenditures (can use ISBE

Budget Form 50-36 or its summary pages).• District must notify parents/guardians that budget

has been posted on website, providing website address.

105 ILCS 5/17-1.2.

WHAT’S REQUIRED – by School Code, ct’d.

Information describing how the school board incorporates “anti-bias” educational activities to “address intergroup conflict”• Required only if the board has adopted a policy to

incorporate such activities into the District’s educational program, as authorized by School Code § 23-23.6.

105 ILCS 5/27-23.6(c).

WHAT’S REQUIRED – by the Open Meetings Act, if SD has website that its

“full-time staff maintains”Current year’s schedule of regular meetings• Agenda of any regular meetings• Public notice of each board meeting– Posted from at least 48 hours before the meeting,

until the meeting concludes

5 ILCS 120/2.02.

WHAT’S REQUIRED – by the OMA, ct’d.

Official minutes of open meetings

• Posted within 10 days of board’s approval, to remain posted for at least 60 days.

5 ILCS 120/2.06(b).

WHAT’S REQUIRED – by the OMA, ct’d.Illinois Municipal Retirement Fund employers must post total compensation package for:• Every employee earning a “TCP” that exceeds

$75,000, within six business days after approval of budget, and

• For each employee earning a minimum TCP of $150,000, at least six days before the employer approves the employee’s TCP.

5 ILCS 120/2.06(b).

WHAT’S REQUIRED – by the OMA, ct’d.

IMRF employers and TCP postings, ct’d.Query:

•What is included in “TCP”?

Defined by the statute: Employer-paid salary, health insurance, housing, vehicle and/or clothing allowances, bonuses, loans, and vacation and sick days granted.

WHAT’S REQUIRED – by the OMA, ct’d.IMRF employers and TCP postings, ct’d.More Qs:

• Does posting requirement apply to all of an IMRF employer’s employees, or only IMRF-covered employees?

Statute is not clear on this point.• What are these provisions doing in the Open

Meetings Act?

WHAT’S REQUIRED – by the Freedom of Information Act, if SD has a website

“Brief” description of District, including:

• Short summary of its purpose

• Block diagram showing its functional subdivisions

• Total amount of operating budget

• Number and location of its “separate offices”

• Approximate number of full and part-time employees

• Identification and membership of board.

5 ILCS 140/4(a).

WHAT’S REQUIRED – by FOIA, ct’d.

Description of how to request public records, including:

• Directory designating District’s FOIA Officer(s)

• Address to which records requests should be sent

• Any fees which may be charged under FOIA § 6.

5 ILCS 140/4(b).

ADDITIONAL NOTES ON THE FOIA• The amended FOIA requires each public body’s FOIA

Officer to develop a list of documents or categories of records that the public body “shall immediately disclose upon request.”

• FOIA Officers may wish to consider using the items required to be posted on the website to develop the list of records the district will “immediately disclose” on request.

ADDITIONAL NOTES ON THE FOIA, ct’d.• Copies of web-posted public records can also be kept

at the administrative office for immediate inspection and copying on request.

• See Ill. Atty. Gen’l Public Access Opinion No. 10-001, re: “Duty of Public Body to Furnish Copies” under FOIA: public body must furnish copies of records when requesters seek them; can’t lawfully refuse to do so on the basis that the records involved can be viewed on its website.

Proposed Posting Requirements Per SB 3392:

• Bill would amend Local Records Act to impose a host of new posting mandates (summary follows) on any school district or unit of local government that has a website maintained by its full-time staff.

• Was referred to Senate Assignments Committee on 3/30/12. Status?

Proposed Posting Requirements Per SB 3392, ct’d.

This data, for the current calendar or fiscal year, and the 4 years immediately before that, would be required:

(i) Contact information for elected and appointed officials,

(ii) notice of and materials prepared for regular and emergency meetings,

(iii) procedures for requesting information from the unit of local government or school district,

Proposed Posting Requirements Per SB 3392, ct’d.

(iv) annual budget,

(v) ordinances under which the unit of local government or school district operates,

(vi) procedures for building permits and zoning changes,

(vii) financial reports and audits,

(viii) information concerning employee compensation,

Proposed Posting Requirements Per SB 3392, ct’d.

(ix) contracts with lobbying firms

(x) taxes and fees imposed by the unit of local government or school district,

(xi) rules governing the award of contracts,

(xii) bids and contracts worth $25,000 or more, and

(xiii) vendor campaign contributions.

SB 3392 would also:

• Provide that a unit of local government must create a searchable expenditure and revenue database on its website. Sets forth requirements concerning the database.

• Provide that any citizen who resides within the unit of local government or school district may bring a mandamus or injunction action to compel compliance with the posting mandates imposed by the legislation.

• Amend the State Mandates Act to require implementation of the legislation without reimbursement.