Capitol Fax.com - Your Illinois News Radar

Thursday, Nov 21, 2019 - Posted by Rich Miller

* I’ve heard about the existence of this “magic lobbyist list,” but I haven’t seen this email sent by Mike McClain to several people last December. Kudos to Dan Mihalopoulos and Dave McKinney at WBEZ…

Shortly before last Christmas, consummate Springfield insider Michael McClain sent an email to what he called the “Magic Lobbyist List.” […]

“There are now a little less than two dozen on the list,” McClain wrote in the email, which WBEZ obtained. “So, I would ask what has been asked in the past.”

McClain then directed the remaining members of the list to help him arrange for any new, potential clients in Springfield to hire the right lobbyists for the upcoming, 2019 legislative session at the Illinois Capitol. […]

“A Friend of ours and myself have gone through the ‘magic list’ and frankly culled quite a few names from the list,” McClain told the surviving members of the group.

He asked them to do “what has been asked in the past” — to help him coordinate who would get lobbying deals with companies that needed their interests represented in Springfield.

“If you have a potential client come up to you and seek you as a lobbyist but you cannot for whatever reason please engage him/her and try to get him or her to consider a recommendation from you,” McClain wrote. “Please call me then and I will have a conversation with someone and get back to you asap.”

* Why this is important…

(T)he group email about the magic lobbyist list and interviews with Democratic insiders indicate McClain worked alongside Madigan in a much broader effort to arrange for trusted lobbyist allies to enrich themselves by representing powerful private interests in Springfield.

The email also offers the first evidence suggesting the speaker himself had a role in connecting lobbyists with clients whose fortunes rely heavily on his favor.

I think the best way to describe this list is to compare it to “made men” in the Outfit. He even used the phrase “A Friend of ours” in the email.

…Adding… Let’s go back to the Tribune’s story from earlier today. This was buried at the bottom…

The [October 2018 McClain] email thanks an undisclosed list of recipients for help on a “secret” project involving campaign fundraising for House Democrats in targeted contests on the November 2018 ballot. […]

“We always called you the ‘Most Trusted of the Trusted,” McClain wrote. “So, again, on behalf of Himself, I thank you for ALL your work to help him and the Caucus.” […]

In the email, McClain goes on to say he’s reviewed a “magic Excel sheet,” and makes a request [for more contributions]. […]

“Remember either the checks themselves have to be tendered to Mary or copies of them in order to be placed on the excel sheet as tendered,” said McClain, a reference to Mary Morrissey, the executive director of the Democratic Party of Illinois.

So, the party was tracking contributions from McClain’s “Most Trusted of the Trusted” list.

86 Comments

ISBE issues new emergency rules on isolated time out, restraint as Rep. Carroll’s new bill is filed

Thursday, Nov 21, 2019 - Posted by Rich Miller

* The Illinois State Board of Education’s new emergency rules are here. I’ve skipped over a few things, so if you have a question, you should first click on the link to see if you can find it addressed in the new rules.

* Old rule…

Isolated time out and physical restraint as defined in this Section shall be used only as means of maintaining discipline in schools (that is, as a means of maintaining a safe and orderly environment for learning) and only to the extent that they are necessary to preserve the safety of students and others. Neither isolated time out nor physical restraint shall be used in administering discipline to individual students, i.e., as a form of punishment.

New rule…

Time out and physical restraint as defined in this Section shall be used only for therapeutic purposes, or to the extent necessary to preserve the safety of students and others. Neither time out nor physical restraint shall be used as a form of punishment.

* Old rule…

“Isolated time out” means the confinement of a student in a time-out room or some other enclosure, whether within or outside the classroom, from which the student’s egress is restricted.

New rule…

“Time out” means a behavior management technique that involves the monitored separation of a student from classmates with a trained adult for part of the school day, usually for a brief time, in a non-locked setting

* Old rule…

If an enclosure used for isolated time out is fitted with a door, either a steel door or a wooden door of solid-core construction shall be used. If the door includes a viewing panel, the panel shall be unbreakable.

New rule…

If an enclosure used for time out is fitted with a door, the door shall not be locked at any time during the time out.

* Old rule…

An adult who is responsible for supervising the student shall remain within two feet of the enclosure.

New rule…

An adult trained under this Section who is responsible for supervising the student must remain with the student at all times during the time out

* Old rule…

The adult responsible for supervising the student must be able to see the student at all times. If a locking mechanism is used on the enclosure, the mechanism shall be constructed so that it will engage only when a key, handle, knob, or other similar device is being held in position by a person, unless the mechanism is an electrically or electronically controlled one that is automatically released when the building’s fire alarm system is triggered. Upon release of the locking mechanism by the supervising adult, the door must be able to be opened readily.

The new rule deletes all of that language.

* Old rule…

“Physical restraint” as permitted pursuant to this Section includes only the use of specific, planned techniques (e.g., the “basket hold” and “team control”).

New rule…

“Physical restraint” as permitted pursuant to this Section includes only the use of specific, planned techniques (e.g., the “basket hold” and “team control”). A physical restraint shall not impair a student’s ability to breath or speak normally. Prone or supine physical restraint shall not be permitted.

* Old rule…

A student shall not be kept in isolated time out for longer than is therapeutically necessary which shall not be for more than 30 minutes after he or she ceases presenting the specific behavior for which isolated time out was imposed or any other behavior for which it would be an appropriate intervention.

New rule…

A student shall not be kept in time out for longer than is therapeutically necessary. No less than once every 15 minutes, the trained adult must assess whether the student has ceased presenting the specific behavior for which the time out was imposed

* Old rule…

A written record of each episode of isolated time out or physical restraint shall be maintained in the student’s temporary record.

New rule…

In a form and manner prescribed by the State Superintendent, a written record of each episode of time out or physical restraint shall be maintained in the student’s temporary record.

* Old rule…

Each district, cooperative, or joint agreement whose policy permits the use of isolated time out shall provide orientation to its staff members covering at least the written procedure established pursuant to Section 1.280(c)(2) of this Part.

New rule…

Each district, cooperative, or joint agreement whose policy permits the use of time out shall provide training.

* Newly added rules…

No later than 48 hours after any use of time out or physical restraint, the school district or other entity serving the student shall, in a form and manner prescribed by the State Superintendent, submit the information required under subsection (f)(1) to the State Superintendent.

The State Superintendent reserve the authority to require districts to submit the information required under subsection (f)(1) for previous school years. […]

Any adult who is supervising a student in time out or applying physical restraint shall be trained in de-escalation, restorative practices, and behavior management practices. […]

Any use of time out or physical restraint permitted by a board’s policy shall include:

1) the circumstances under which time out or physical restrain will be applied;
2) a written procedure to be followed by staff in cases of time out or physical restraint;
3) designation of a school official who will be informed of incidents and maintain the documentation required under this Section when time out or physical restraint is used;
4) the process the district or other entity serving public school students will use to evaluate any incident that results in an injury to the affected student;
5) a description of the district’s or other entity’s annual review of the use of time out or physical restraint, which shall include at least:

A) the number of incidents involving the use of these interventions;
B) the location and duration of each incident;
C) identification of the staff members who were involved;
D) any injuries or property damage that occurred; and
E) the timeliness of parental notification, timelines of agency notification, and administrative review.

k) Complaint Procedures

1) Any parent, individual, organization, or advocate may file a signed, written complaint with the State Superintendent alleging that a local school district or other entity serving the student has violated this Section. The complaint shall include the facts on which the complaint is based; the signature and contact information for the complainant; the names and addresses of the students involved (and the name of the school of attendance), if known; a description of the nature of the problem, including any facts relating to the problem; and a proposed resolution of the problem to the extent known.

2) The State Superintendent shall only consider a complaint if it alleges a violation occurring not more than one year prior to the data on which the complaint is received.

3) The State Superintendent must issue a written decision to the complainant that addresses each allegation in the complaint and contains findings of fact and conclusion; the reasons for the State Board of Education’s final decision; and orders for any action, including technical assistance.

4) The complaint procedure under this Section does not limit, diminish, or otherwise deny the federal and State rights and procedural safeguards afforded to students with disabilities.

* Meanwhile, Rep. Jonathan Carroll’s bill is now online…

Prohibits a school district employee or volunteer or an independent contractor of a school district from placing a student in seclusion; defines seclusion. Provides that this prohibition does not apply to the use of seclusion in a court-ordered placement, other than a placement in an educational program of a school district, or in a placement or facility to which other laws or rules apply. Requires State Board of Education rulemaking. Effective immediately.

…Adding… I asked Rep. Carroll for his take on the new ISBE rules…

I think it’s a start. I think there’s more work that has to be done. And I’m frustrated that we have to go through these pounds of cures instead of ounces of prevention. We have to make sure that there’s a lot more accountability and at this point ISBE has not shown much of that.

18 Comments

*** UPDATED x2 *** Open thread

Thursday, Nov 21, 2019 - Posted by Rich Miller

* I’m taking Oscar to the groomer and then I may run a couple of errands. Please keep the conversation Illinois-centric and be nice to each other. Thanks.

*** UPDATE 1 *** Heading back to pick him up, so you’re on your own again. Previous rules apply.

*** UPDATE 2 *** Yeah, he’s not happy with me at the moment for putting him through that experience, but I think it’s a nice haircut…

30 Comments

*** UPDATED x1 *** CPS receiving about three adult sexual misconduct complaints per day

Thursday, Nov 21, 2019 - Posted by Rich Miller

* Nader Issa at the Sun-Times…

The watchdog overseeing the Chicago Public Schools has received nearly three complaints per school day since last year of sexual misconduct by adults against students.

And out of all 535 cases reported since the start of October 2018, there are 239 that are still open and under investigation, according to the watchdog.

Those new numbers were released Wednesday by CPS Inspector General Nicholas Schuler as he detailed his office’s investigative work at the Board of Education’s monthly meeting.

Among those new cases in the past year, 228 involved a teacher while 81 involved a security guard — meaning 4.7% of security guards were the subject of an allegation.

That’s a darned high percentage of security guards. Sounds like it’s time to revamp the vetting process.

*** UPDATE *** Nader updated the story with some more numbers…

Of the closed cases, investigators have substantiated 67 allegations against adults, mostly involving “concerning” behavior and not rising to the level of sexual abuse or assault. Seven substantiated cases involved a sexual act or abuse and another 12 were about improper touching that was deemed less than sexual abuse.

As a result of those substantiated cases, 57 adults were fired, resigned or retired after the completion of the investigations while another 96 have been pulled from their job while the inspector general examines the cases. Seventeen cases have involved police and criminal prosecution.

20 Comments

Were the payments to Kevin Quinn designed to “curry favor” with Speaker Madigan?

Thursday, Nov 21, 2019 - Posted by Rich Miller

* This Tribune story by Ray Long and Jason Meisner is fascinating because it includes emails from Mike McClain to his inner circle of friends and allies…

For months, federal authorities have been looking into payments made to a former political operative for Illinois House Speaker Michael Madigan as part of a sweeping investigation into ComEd’s lobbying practices.

Now, newly obtained emails show that Michael McClain, a close confidant of Madigan, orchestrated the contracts that saw money flow from current and former ComEd lobbyists to the ex-aide.

All told, more than $30,000 went to Kevin Quinn, who had been ousted by Madigan in early 2018 after being accused of sexually harassing a female campaign worker. At the time, Madigan called the campaign worker “courageous” for making him aware of the unwanted advances and inappropriate text messages.

Go read it all.

* But the story is also interesting because it explains something I’ve been wondering about: Why do federal prosecutors even care about these payments?…

The Tribune has reported that federal authorities are zeroing in on payments made through ComEd’s vast network of consultants to some individuals who seemed to have done little actual work. The payments were aimed at currying favor with certain lawmakers while circumventing lobbying disclosure rules, the source added. Authorities believe the payments to Quinn, which the Tribune first disclosed in July, are an example of this, a source has said.

So, apparently, the G believes the payments to Quinn, the brother of Madigan’s alderman Marty Quinn, were designed to curry favor with a lawmaker. Would that lawmaker be Speaker Madigan? His spokesman had this to say…

“If a group of people were attempting to help Kevin Quinn, the speaker was not a part of it.”

…Adding… Rep. Margo McDermed (R-Mokena)…

This confirms that the Speaker’s response to the harassment of his employees was nothing more than window dressing while he continued to put political victories and fundraising ahead of his staff and the people of Illinois. As a female legislator, I find this insulting and hope my Democrat colleagues start to confront this disgraceful behavior in their caucus.