HB0363sam001 96TH GENERAL ASSEMBLY

Sen. William Delgado

Filed: 5/5/2009

09600HB0363sam001 LRB096 06022 NHT 26152 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. Chicago Educational Facility Task Force.

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

(1) The Illinois Constitution recognizes 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 pre-kindergarten through high school.

(3) The public school is a major institution in our communities. Public schools offer resources and opportunities for the children of this State who seek and deserve a quality education, but also benefit the entire community that seeks improvement through access to education.

(4) The equitable and efficient use of available facility-related resources among different schools and among racial, ethnic, income, and disability groups is essential to maximize the development of quality public educational facilities for all children, youth, and adults. The factors that impact the equitable and efficient use of facility-related resources vary according to the needs of each school community. Therefore, decisions that impact school facilities should include the input of the school community to the greatest extent possible.

(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 a profound impact on the provision of public education in a community. In order to minimize the negative impact of school facility decisions on the community, these decisions should be implemented according to a clear, system-wide criteria and with the significant involvement of local school councils, parents, educators, and the community.

(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.

(b) In order to ensure that school facility-related decisions are made with the input of the community and reflect fiscally responsible criteria, a Chicago Educational Facility Task Force is established.

(c) The Task Force shall consist of the following members:

(1) Two members of the House of Representatives' Elementary & Secondary Education Committee appointed by the Speaker of the House of Representatives.

(2) Two members of the House of Representatives' Elementary & Secondary Education Committee appointed by the Minority Leader of the House of Representatives.

(3) Two members of the Senate's Education Committee appointed by the President of the Senate.

(4) Two members of the Senate's Education Committee appointed by the Minority Leader of the Senate.

(5) Two representatives of school community organizations with past involvement in school facility issues appointed by the Speaker of the House.

(6) Two representatives of school community organizations with past involvement in school facility issues appointed by the President of the Senate.

(7) The chief executive officer of the school district or his or her designee.

(8) One representative from the union representing teachers in the district's schools.

(9) One representative from an organization representing principals in the district's schools.

(d) The Speaker of the House shall appoint one of the appointed House members as a co-chairperson of the Task Force. The President of the Senate shall appoint one of the appointed Senate members as a co-chairperson of the Task Force. Members appointed by the legislative leaders shall be appointed for the duration of the Task Force; in the event of a vacancy, the appointment to fill the vacancy shall be made by the legislative leader of the same chamber and party as the leader who made the original appointment.

(e) The Task Force may gather evidence in the form of testimony, documents, or other materials.

(f) The Task Force, with the assistance of independent experts, shall analyze data and other information with respect to Chicago school openings, school closings, school consolidations, school turnarounds, school phase-outs, school construction, school repairs, school modernizations, school boundary changes, and the impact of other related school facility decisions on students. The Task Force shall consult with interested stakeholders, including public officials, about facility issues and their related costs. The Task Force shall also examine relevant best practices from other school systems for addressing school facility-related issues. The Task Force shall allow opportunities for input from local stakeholders through hearings, focus groups, and interviews.

(g) The Task Force shall complete a draft policy. This policy may establish significant decision-making roles for key stakeholders, require clear criteria or processes for establishing criteria for making school facility decisions, and include criteria for 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.

(h) The Task Force shall prepare the draft policy on or before October 30, 2009. The draft policy must be posted on the school district's Internet website.

(i) The Task Force shall hold hearings in separate areas of the school district to obtain comments and suggestions on the draft policy. The final hearing shall take place no later than 30 days prior to the completion of the final draft policy. The final draft policy must be published on the school district's Internet website at least 7 days before the final draft policy is submitted to the General Assembly and the Governor under subsection (j) of this Section.

(j) The Task Force shall submit the final draft policy to the Governor and the General Assembly, as provided in Section 3.1 of the General Assembly Organization Act, on or before January 1, 2010. The Task Force may submit other reports as it deems appropriate.

(k) The final draft policy may be introduced in the form of legislation.

(l) The State Board of Education shall provide administrative support to the Task Force.

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