HB0363 96TH GENERAL ASSEMBLY

LRB096 06022 NHT 16103 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0363

Introduced 1/30/2009, by Rep. Cynthia Soto

SYNOPSIS AS INTRODUCED:

105 ILCS 5/34-18.37 new

Amends the Chicago School District Article of the School Code. Requires the Chairpersons of the House of Representatives' Committee on Elementary & Secondary Education and the Senate's Committee on Education to each appoint 5 members to a Special Joint Chicago Education Facilities Subcommittee. Requires the Joint Subcommittee, with the help of independent experts, to analyze past school district experience with respect to the closing or opening of schools, school repairs, school additions, school phase-outs, school consolidations, and school boundary changes; to consult widely with stakeholders about these facility issues; and to examine relevant best practices from other school systems for dealing with these issues systematically and equitably. Provides for a draft policy and a final proposed policy. Provides that there shall be a moratorium on school closings, consolidations, and phaseouts in the school district in the 2009-2010 school year, and provides that any of these actions that are subsequently appropriate shall be carried out no sooner than the end of the 2010-2011 school year. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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 adding Section 34-18.37 as follows:

(105 ILCS 5/34-18.37 new)

Sec. 34-18.37. Establishing an equitable and effective school facility development process.

(a) The General Assembly recognizes all of the following:

(1) The Illinois Constitution indicates that "a fundamental goal of the People of the State is the educational development of all persons to the limits of their capacities".

(2) Quality educational facilities are essential for fostering the maximum educational development of all persons through their educational experience from prekindergarten through high school.

(3) The public school is a major institution in communities that offers resources and opportunities for many stakeholders, including not only families with children who seek and deserve a quality education, but also including the entire community that seeks educational improvement.

(4) The equitable and efficient use of available facilities-related resources among different schools, among racial, ethnic, income, and disability groups, and among various types of schools is essential to maximize the development of quality educational facilities for all children, youth, and adults.

(5) The closing or opening of schools, as well as school repairs, school additions, school phase-outs, school consolidations, and school boundary changes often have profound impacts on education in a community. These decisions should be carried out only according to clear systemwide criteria and with genuine involvement of local school councils, parents, educators, and the community in decision making.

(6) The General Assembly has previously stated that it intended to make the individual school in the school district the essential unit for educational governance and improvement and to place the primary responsibility for school governance and improvement in the hands of parents, teachers, and community residents at each school. A facility policy must be consistent with these principles.

(b) The Chairpersons of the House of Representatives' Committee on Elementary & Secondary Education and the Senate's Committee on Education shall each appoint 5 members to a Special Joint Chicago Education Facilities Subcommittee.

The Joint Subcommittee shall hire independent experts, as needed, to gather and analyze pertinent information, provided that such experts shall have no previous or on-going financial interests in school district facility issues. The Joint Subcommittee is empowered to reimburse these independent experts.

The Joint Subcommittee, with the help of the independent experts, shall analyze past school district experience with respect to the closing or opening of schools, school repairs, school additions, school phase-outs, school consolidations, and school boundary changes; shall consult widely with stakeholders about these facility issues; and shall examine relevant best practices from other school systems for dealing with these issues systematically and equitably. These initial investigations shall include opportunities for input from local stakeholders through hearings, focus groups, and interviews.

The Joint Subcommittee shall prepare a draft policy addressing how these facility issues can be addressed effectively and hold at least 3 public hearings on this policy in the school district.

The Joint Subcommittee shall prepare a final proposed policy, which shall be introduced as proposed State law and shall address the principles and issues set forth in this Section. The final proposed policy shall establish significant decision-making roles for key stakeholders, including the individual school and community, and shall recommend clear criteria or processes for establishing criteria for setting priorities with respect to the closing or opening of schools, school repairs, school additions, school phase-outs, school consolidations, and school boundary changes. The final proposed policy shall address issues of systemwide criteria for ensuring clear priorities, equity, and efficiency.

(c) Because of the finality of school closings, consolidations, and phaseouts and their wide-reaching effects, there shall be a moratorium on these actions in the school district in the 2009-2010 school year, and any of these actions that are subsequently appropriate shall be carried out no sooner than the end of the 2010-2011 school year, subject to any new set of requirements adopted by the General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.