Public Act 101-0133
 
HB2205 EnrolledLRB101 07683 AXK 52731 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The School Code is amended  by changing Section 
34-230 as follows:
 
    (105 ILCS 5/34-230)
    Sec. 34-230. School action public meetings and hearings.
    (a) By October 1 of each  year, the chief executive officer 
shall prepare and publish guidelines for school actions.  The 
guidelines shall outline the academic and non-academic 
criteria for a school action. These guidelines shall be created 
with the involvement of local school councils, parents, 
educators, and community organizations. These guidelines, and 
each subsequent revision, shall be subject to a public comment 
period of at least 21 days before their approval.
    (b) The chief executive officer shall announce all proposed 
school actions to be taken at the close of the current academic 
year consistent with the guidelines by December 1 of each year.
    (c) On or before December 1 of each year, the chief 
executive officer shall publish notice of the proposed school 
actions.
        (1) Notice of the proposal for a school action shall 
    include a written statement of the basis for the school 
    action, an explanation of how the school action meets the 
    criteria set forth in the guidelines, and a draft School 
    Transition Plan identifying the items required in Section 
    34-225 of this Code for all schools affected by the school 
    action. The notice shall state the date, time, and place of 
    the hearing or meeting. For a school closure only, 8 months 
    after notice is given, the chief executive officer must 
    publish on the district's website a full financial report 
    on the closure that includes an analysis of the closure's 
    costs and benefits to the district. 
        (2) The chief executive officer or his or her designee 
    shall provide notice to the principal, staff, local school 
    council, and parents or guardians of any school that is 
    subject to the proposed school action.
        (3) The chief executive officer shall provide written 
    notice of any proposed school action to the State Senator, 
    State Representative, and alderman for the school or 
    schools that are subject to the proposed school action.
        (4) The chief executive officer shall publish notice of 
    proposed school actions on the district's Internet 
    website.
        (5) The chief executive officer shall provide notice of 
    proposed school actions at least 30  calendar days in 
    advance of a public hearing or meeting. The notice shall 
    state  the date, time, and place of the hearing or meeting. 
    No Board decision regarding a proposed school action may 
    take place less than 60 days after the announcement of the 
    proposed school action.
    (d) The chief executive officer shall publish a brief 
summary of the proposed school actions and the date, time, and 
place of the hearings or meetings in a newspaper of general 
circulation.
    (e) The chief executive officer shall designate at least 3 
opportunities to elicit public comment at a hearing or meeting 
on a proposed school action and shall do the following:
        (1) Convene at least one public hearing at the 
    centrally located office of the Board.
        (2) Convene at least 2 additional public hearings or 
    meetings at a location convenient to the school community 
    subject to the proposed school action.
    (f) Public hearings shall be conducted by a qualified 
independent hearing officer chosen from a list of independent 
hearing officers.  The general counsel shall compile and publish 
a list of independent hearing officers by November 1 of each 
school year.   The independent hearing officer shall have the 
following qualifications:
        (1) he or she must be a licensed attorney eligible to 
    practice law in Illinois;
        (2) he or she must not be an employee of the Board; and
        (3) he or she must not have represented the Board, its 
    employees or any labor organization representing its 
    employees, any local school council, or any charter or 
    contract school in any capacity within the last year.
    The independent hearing officer shall issue a written 
report that summarizes the hearing and determines whether the 
chief executive officer complied with the requirements of this 
Section and the  guidelines.
    The chief executive officer shall publish the report on the 
district's Internet website within 5 calendar days after 
receiving the report and at least 15 days prior to any Board 
action being taken.
    (g) Public meetings shall be conducted by a representative 
of the chief executive officer.  A summary of the public meeting 
shall be published on the district's Internet website within 5 
calendar days after the meeting.
    (h) If the chief executive officer proposes a school action 
without following the mandates set forth in this Section, the 
proposed school action shall not be approved by the Board 
during the school year in which the school action was proposed.

(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11; 
97-813, eff. 7-13-12; 97-1133, eff. 11-30-12.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.