HB0363ham001 96TH GENERAL ASSEMBLY

Rep. Cynthia Soto

Filed: 4/1/2009

09600HB0363ham001 LRB096 06022 NHT 25028 a

AMENDMENT TO HOUSE BILL 363

AMENDMENT NO. ______. Amend House Bill 363 by replacing everything after the enacting clause with the following:

"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 and among racial, ethnic, income, and disability groups is essential to maximize the development of quality educational facilities for all children, youth, and adults. These factors vary according to the needs of each school community, are vitally impacted by facilities-related decisions, and, therefore, should include the school community's voice to the greatest extent possible in all current and future uses of the school building.

(5) School openings, school closings, school consolidations, school turnarounds, school phase-outs, school construction, school repairs, school modernizations, school boundary changes, and other related school facility decisions often have profound impacts on education in a community. These decisions must 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 City of Chicago 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 school facility policy must be consistent with these principles.

(7) The board shall prepare and implement a Master School Facilities Plan for City of Chicago School District 299 that establishes a transparent and inclusive process that is both educationally sound and fiscally responsible, as well as an annual Master School Facilities Plan based on this Plan.

(b) To ensure that the intent of the General Assembly is carried out in a fair and equitable manner and to establish educationally sound and fiscally responsible criteria for related facilities planning, the following process shall apply to the school district:

(1) A Special Joint Chicago Education Facilities Committee shall be established within 30 days after the effective date of this amendatory Act of the 96th General Assembly and shall consist of 4 members of the House of Representatives' Elementary & Secondary Education Committee, 4 members of the Senate's Education Committee, and 4 representatives of school community organizations with past involvement in school facility issues. The Speaker of the House of Representatives shall appoint the 4 members of the House Elementary and Secondary Committee, 2 of whom shall be Republicans and 2 of whom shall be Democrats. The Speaker of the House shall appoint one of the 4 appointed House members as Co-Chairperson of the Committee. The Speaker of the House shall appoint one representative of each of 2 school community organizations with past involvement in Chicago school facility issues as committee members. The President of the Senate shall appoint the 4 members of the Senate Education Committee, 2 of whom shall be Republicans and 2 of whom shall be Democrats. The President of the Senate shall appoint one of the 4 appointed Senate members as a Co-Chairperson of the Committee. The President of the Senate shall appoint one representative of each of 2 school community organizations with past involvement in Chicago school facility issues as committee members. Additionally, the chief executive officer of the school district or his or her designee, a representative from the Chicago Teachers Union, and a representative from the Chicago Principals Association shall serve on the Committee.

(2) The Committee shall call on independent experts, as needed, to gather and analyze pertinent information on a pro bono basis, provided that such experts shall have no previous or on-going financial interest in school facility issues related to the school district. The Committee shall secure pro bono expert assistance within 30 days after the establishment of the Committee.

(3) The Committee shall be empowered to gather further evidence, in the form of testimony or documents or other materials; therefore, the Committee shall have the authority to gather this testimony or compel the production of these documents.

(4) The Committee, with the help of the independent experts, shall analyze past Chicago experiences and data with respect to school openings, school closings, school consolidations, school turnarounds, school phase-outs, school construction, school repairs, school modernizations, school boundary changes, and other related school facility decisions on their students. The Committee shall consult widely with stakeholders, including public officials, about these facility issues and their related costs 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.

(5) The Committee shall prepare a draft policy and proposed legislation by September 30, 2009 describing how these issues can be addressed effectively based upon educationally sound and fiscally responsible practices, which shall be known as the Master School Facilities Plan.

(6) The Committee shall hold hearings in separate relevant areas of the school district at times that shall maximize school community participation to obtain comments on the proposed Master School Facilities Plan. The final hearing shall take place no later than 30 days prior to the completion of the final draft to be presented to the General Assembly for approval. The final proposed plan shall be made available to the public in the school district at least 7 days before formal introduction in the General Assembly.

(7) The Committee shall prepare a final proposed plan, which shall be introduced as proposed State law and shall address the issues, standards, and procedures set forth in this Section. The proposed law shall address issues of system-wide criteria for ensuring clear priorities, equity, and efficiency.

(8) The proposed law shall establish significant decision-making roles for key stakeholders, including the individual school and community; shall require clear criteria or processes for establishing criteria for making school facility decisions; and shall include clear criteria for setting priorities with respect to school openings, school closings, school consolidations, school turnarounds, school phase-outs, school construction, school repairs, school modernizations, school boundary changes, and other related school facility decisions, including the encouragement of multiple community uses for school space.

(9) The proposed law shall seek to minimize or eliminate student mobility; the transferring of students to lower performing schools; teacher mobility; insufficient notice to and the lack of inclusion in decision-making of local school councils, parents, and community members about school facility decisions; and costly facilities-related expenditures due to poor educational and facilities planning.

(c) The Master School Facilities Plan shall set forth criteria that shall form the basis for an annual Master School Facilities Plan, in which the board rank-orders all schools in the school district with respect to each type of proposed school facility action, including school openings, school closings, school consolidations, school turnarounds, school phase-outs, school construction, school repairs, school modernizations, school boundary changes, and other related school facility decisions. These lists must be made public by November 1 of each year. Each school facility action must be taken in light of the severity of each school's needs, as reflected in the school's ranking, with respect to a specific type of needed action. Exceptions to the rank-ordered lists must be justified in writing by the board.

(d) The chief executive officer of the school district shall prepare a school-by-school annual report on the impact of school openings, school closings, school consolidations, school turnarounds, school phase-outs, school construction, school repairs, school modernizations, school boundary changes, and other related school facility decisions on each school's students. This report shall enumerate, on a school-by-school basis, the name of the school, the nature of the actions taken, the number of students affected, and the characteristics of the students, including, but not limited to, race, ethnicity, language proficiency, disability, and homeless status.

This annual report shall be filed with the State Board of Education by September 30 of each year to report on the previous school year and must be made available to the public, within 30 days after filing, by the State Board of Education and the Chicago Board of Education, in both hard-copy and electronic form.

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