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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | ||||||||||||||||||||||||
5 | 34-200, 34-205, 34-210, 34-215, 34-220, 34-225, and 34-230 and | ||||||||||||||||||||||||
6 | by adding Section 34-227 as follows: | ||||||||||||||||||||||||
7 | (105 ILCS 5/34-200) | ||||||||||||||||||||||||
8 | Sec. 34-200. Definitions. For the purposes of Sections | ||||||||||||||||||||||||
9 | 34-200 through 34-235 of this Article: | ||||||||||||||||||||||||
10 | "Capital improvement plan" means a plan that identifies | ||||||||||||||||||||||||
11 | capital projects to be started or finished within the | ||||||||||||||||||||||||
12 | designated period, excluding projects funded by locally raised | ||||||||||||||||||||||||
13 | capital not exceeding $10,000. | ||||||||||||||||||||||||
14 | "Community area" means a geographic area of the City of | ||||||||||||||||||||||||
15 | Chicago defined by the chief executive officer as part of the | ||||||||||||||||||||||||
16 | development of the educational facilities master plan. | ||||||||||||||||||||||||
17 | "Space utilization" means the percentage achieved by | ||||||||||||||||||||||||
18 | dividing the school's actual enrollment by its design capacity. | ||||||||||||||||||||||||
19 | "School closing" or "school closure" means the closing of a | ||||||||||||||||||||||||
20 | school, the effect of which is the assignment and transfer of | ||||||||||||||||||||||||
21 | all students enrolled at that school to one or more designated | ||||||||||||||||||||||||
22 | receiving schools. | ||||||||||||||||||||||||
23 | "School consolidation" means the consolidation of 2 or more |
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1 | schools by closing one or more schools and reassigning the | ||||||
2 | students to another school. | ||||||
3 | "Phase-out" means the gradual cessation of enrollment in | ||||||
4 | certain grades each school year until a school closes or is | ||||||
5 | consolidated with another school. | ||||||
6 | "School action" means any school closing; school | ||||||
7 | consolidation; co-location; boundary change that requires | ||||||
8 | reassignment of students, unless the reassignment is to a new | ||||||
9 | school with an attendance area boundary and is made to relieve | ||||||
10 | overcrowding ; new school turnaround, including charter | ||||||
11 | schools ; or phase-out.
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12 | (Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11; | ||||||
13 | 97-813, eff. 7-13-12.) | ||||||
14 | (105 ILCS 5/34-205) | ||||||
15 | Sec. 34-205. Educational facility standards. | ||||||
16 | (a) By January 1, 2012, the district shall publish space | ||||||
17 | utilization standards on the district's website. The standards | ||||||
18 | shall include the following: | ||||||
19 | (1) the method by which design capacity is calculated, | ||||||
20 | including consideration of the requirements of elementary | ||||||
21 | and secondary programs, shared campuses, after school | ||||||
22 | programming, the facility needs, grade and age ranges of | ||||||
23 | the attending students, and use of school buildings by | ||||||
24 | governmental agencies and community organizations; | ||||||
25 | (2) the method to determine efficient use of a school |
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1 | building based upon educational program design capacity; | ||||||
2 | (3) the rate of utilization; and | ||||||
3 | (4) the standards for overcrowding and | ||||||
4 | underutilization. | ||||||
5 | (b) The chief executive officer or his or her designee | ||||||
6 | shall publish a space utilization report for each school | ||||||
7 | building operated by the district on the district's website by | ||||||
8 | December 31 of each year. | ||||||
9 | (c) The facility performance standards provisions are as | ||||||
10 | follows: | ||||||
11 | (1) On or before January 1, 2012, the chief executive | ||||||
12 | officer shall propose minimum and optimal facility | ||||||
13 | performance standards for thermal comfort, daylight, | ||||||
14 | acoustics, indoor air quality, furniture ergonomics for | ||||||
15 | students and staff, technology, life safety, ADA | ||||||
16 | accessibility, plumbing and washroom access, environmental | ||||||
17 | hazards, and walkability. | ||||||
18 | (2) The chief executive officer shall conduct at least | ||||||
19 | one public hearing and submit the proposed educational | ||||||
20 | facilities standards to each local school council and to | ||||||
21 | the Chicago Public Building Commission for review and | ||||||
22 | comment prior to adoption. | ||||||
23 | (3) After the chief executive officer has incorporated | ||||||
24 | the input and recommendations of the public and the Chicago | ||||||
25 | Public Building Commission, the chief executive officer | ||||||
26 | shall issue final facility performance standards. |
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1 | (4) The chief executive officer is authorized to amend | ||||||
2 | the facility performance standards following the | ||||||
3 | procedures in this Section. | ||||||
4 | (5) The final educational facility space utilization | ||||||
5 | and performance standards shall be published on the | ||||||
6 | district's Internet website.
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7 | (6) Beginning on July 1, 2019, the facility performance | ||||||
8 | standards must include the performance standards of safety | ||||||
9 | measures in the district. | ||||||
10 | (Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11; | ||||||
11 | 97-813, eff. 7-13-12.) | ||||||
12 | (105 ILCS 5/34-210) | ||||||
13 | Sec. 34-210. The Educational Facility Master Plan. | ||||||
14 | (a) In accordance with the schedule set forth in this | ||||||
15 | Article, the chief executive officer or his or her designee | ||||||
16 | shall prepare a 10-year educational facility master plan every | ||||||
17 | 5 years, with updates 2 1/2 years after the approval of the | ||||||
18 | initial 10-year plan, with the first such educational facility | ||||||
19 | master plan to be approved on or before October 1, 2013. | ||||||
20 | (b) The educational facility master plan shall provide | ||||||
21 | community area level plans and individual school master plans | ||||||
22 | with options for addressing the facility and space needs for | ||||||
23 | each facility operated by the district over a 10-year period. | ||||||
24 | (c) The data, information, and analysis that shall inform | ||||||
25 | the educational facility master plan shall be published on the |
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1 | district's Internet website and shall include the following: | ||||||
2 | (1) a description of the district's guiding | ||||||
3 | educational goals and standards; | ||||||
4 | (2) a brief description of the types of instructional | ||||||
5 | programs and services delivered in each school , including | ||||||
6 | specific plans for special education programs, early | ||||||
7 | childhood education programs, career and technical | ||||||
8 | education programs, and any other programs that are space | ||||||
9 | sensitive to avoid space irregularities ; | ||||||
10 | (3) a description of the process, procedure, and | ||||||
11 | timeline for community participation in the development of | ||||||
12 | the plan; | ||||||
13 | (3.5) A description of a communications and community | ||||||
14 | involvement plan for each community in the City of Chicago | ||||||
15 | that includes the engagement of students, school | ||||||
16 | personnel, parents, and key stakeholders throughout the | ||||||
17 | community and all of the following: | ||||||
18 | (A) community action councils; | ||||||
19 | (B) local school councils or, if not present, | ||||||
20 | alternative parent and community governance for that | ||||||
21 | school; | ||||||
22 | (C) the Chicago Teachers Union; and | ||||||
23 | (D) the Chicago Principals and Administrators | ||||||
24 | Association; | ||||||
25 | (4) the enrollment capacity of each school and its rate | ||||||
26 | of enrollment and historical and projected enrollment, and |
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1 | current and projected demographic information for the | ||||||
2 | neighborhood surrounding the district based on census data | ||||||
3 | utilization ; | ||||||
4 | (5) a report on the assessment of individual building | ||||||
5 | and site conditions; | ||||||
6 | (6) a data table with historical and projected | ||||||
7 | enrollment data by school by grade; | ||||||
8 | (7) community analysis, including a study of current | ||||||
9 | and projected demographics, land usage, transportation | ||||||
10 | plans, residential housing and commercial development, | ||||||
11 | private schools, plans for water and sewage service | ||||||
12 | expansion or redevelopment, and institutions of higher | ||||||
13 | education; | ||||||
14 | (8) an analysis of the facility needs and requirements | ||||||
15 | of the district and a timeline to address critical facility | ||||||
16 | and programmatic capital needs of every school building | ||||||
17 | with a weighted prioritization, which shall be publicly | ||||||
18 | available on the district's Internet website for schools | ||||||
19 | and communities to have access to the information and | ||||||
20 | transparent data on the timeline that the district will | ||||||
21 | address those critical issues ; and | ||||||
22 | (9) identification of potential sources of funding for | ||||||
23 | the implementation of the Educational Facility Master | ||||||
24 | Plan , including financial options through tax increment | ||||||
25 | financing, property tax levies for schools, and bonds that | ||||||
26 | address critical facility needs; and . |
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1 | (10) any school building disposition, including a plan | ||||||
2 | delineating the process through which citizen involvement | ||||||
3 | is facilitated and establishing the criteria that is | ||||||
4 | utilized in building disposition decisions, one of which | ||||||
5 | shall be consideration of the impact of any proposed new | ||||||
6 | use of a school building on the neighborhood in which the | ||||||
7 | school building is located and how it may impact enrollment | ||||||
8 | of schools in that community area. | ||||||
9 | (d) On or before May 1, 2013, the chief executive officer | ||||||
10 | or his or her designee shall prepare and distribute for comment | ||||||
11 | a preliminary draft of the Educational Facility Master Plan. | ||||||
12 | The draft plan shall be distributed to the City of Chicago, the | ||||||
13 | County of Cook, the Chicago Park District, the Chicago Housing | ||||||
14 | Authority, the Chicago Transit Authority, attendance centers | ||||||
15 | operated by the district, and charter schools operating within | ||||||
16 | the district. Each attendance center shall make the draft plan | ||||||
17 | available to the local school council at the annual | ||||||
18 | organizational meeting or to an alternative advisory body and | ||||||
19 | to the parents, guardians, and staff of the school. The draft | ||||||
20 | plan also shall be distributed to each State Senator and State | ||||||
21 | Representative with a district in the City of Chicago, to the | ||||||
22 | Mayor of the City of Chicago, and to each alderman of the City. | ||||||
23 | (e) The chief executive or his or her designee shall | ||||||
24 | publish a procedure for conducting regional public hearings and | ||||||
25 | submitting public comments on the draft plan and an annual | ||||||
26 | capital improvement hearing that shall discuss the district's |
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1 | annual capital budget and that is not in conjunction with | ||||||
2 | operating budget hearings . | ||||||
3 | (f) After consideration of public input on the draft plan, | ||||||
4 | the chief executive officer or his or her designee shall | ||||||
5 | prepare and publish a report describing the public input | ||||||
6 | gathered and the process used to incorporate public input in | ||||||
7 | the development of the final plan to be recommended to the | ||||||
8 | Board. | ||||||
9 | (g) The chief executive officer shall present the final | ||||||
10 | plan and report to the Board for final consideration and | ||||||
11 | approval. | ||||||
12 | (h) The final approved Educational Facility Master Plan | ||||||
13 | shall be published on the district's website. | ||||||
14 | (i) No later than July 1, 2016, and every 5 years | ||||||
15 | thereafter, the chief executive officer or his or her designee | ||||||
16 | shall prepare and submit for public comment a draft revised | ||||||
17 | Educational Facility Master Plan following the procedures | ||||||
18 | required for development of the original plan. | ||||||
19 | (j) This proposed revised plan shall reflect the progress | ||||||
20 | achieved during the first 2 1/2 years of the Educational | ||||||
21 | Facility Master Plan.
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22 | (k) Based upon the data from the plan, the district must do | ||||||
23 | the following for all under-enrolled schools:
(i) create a | ||||||
24 | request for proposals for joint use of the school with an | ||||||
25 | intergovernmental rental or other outside entity rental,
(ii) | ||||||
26 | cease any potential plans for school expansion that may |
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1 | negatively impact enrollment at the under-enrolled school,
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2 | (iii) redo attendance boundaries to maximize enrollment of | ||||||
3 | additional students, and
(iv) work with under-enrolled schools | ||||||
4 | to identify opportunities to increase enrollment and lower the | ||||||
5 | costs of occupancy through joint use agreements. | ||||||
6 | (Source: P.A. 99-531, eff. 7-8-16.) | ||||||
7 | (105 ILCS 5/34-215) | ||||||
8 | (Text of Section from P.A. 97-473) | ||||||
9 | Sec. 34-215. Capital improvement plans. | ||||||
10 | (a) The district shall develop a capital needs review | ||||||
11 | process and one-year and 5-year capital improvement plans. | ||||||
12 | (b) By January 1, 2012, the chief executive officer or his | ||||||
13 | or her designee shall establish a capital needs review process | ||||||
14 | that includes a comprehensive bi-annual assessment of the | ||||||
15 | capital needs at each facility owned, leased, or operated by | ||||||
16 | the district. The review process shall include development of | ||||||
17 | an assessment form to be used by attendance centers to provide | ||||||
18 | a school-based capital, maintenance, utility, and repair needs | ||||||
19 | assessment report and recommendations aligned with the | ||||||
20 | educational program and goals of the attendance center. | ||||||
21 | (c) Beginning with fiscal year 2013 and for each year | ||||||
22 | thereafter, the chief executive officer shall publish a | ||||||
23 | proposed one-year capital improvement plan at least 60 days | ||||||
24 | prior to the end of the prior fiscal year. The proposed | ||||||
25 | one-year capital improvement plan shall be posted on the |
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1 | district's Internet website and shall be subject to public | ||||||
2 | review and comment and at least 3 public hearings. The one-year | ||||||
3 | capital improvement plan shall include the following | ||||||
4 | information for all capital projects for which funds are to be | ||||||
5 | appropriated: | ||||||
6 | (1) description of the scope of the project; | ||||||
7 | (2) justification for the project; | ||||||
8 | (3) status of the project, including, if appropriate, | ||||||
9 | percentage funded, percentage complete, and approved start | ||||||
10 | and end dates; | ||||||
11 | (4) original approved cost and current approved cost | ||||||
12 | for each project; | ||||||
13 | (5) the impact of the project on the district's | ||||||
14 | operating budget; | ||||||
15 | (6) the name of each school and facility affected by a | ||||||
16 | project; | ||||||
17 | (7) all funding sources for the project; | ||||||
18 | (8) any relationship of the project to the needs | ||||||
19 | assessment submitted by the attendance center; and | ||||||
20 | (9) any relationship to the district's 10-year | ||||||
21 | Educational Facilities Master Plan ; . | ||||||
22 | (10) a description of the scope of work to be done, | ||||||
23 | schedule of achieved and projected major milestones, and an | ||||||
24 | explanation for any delay in meeting projected milestones; | ||||||
25 | (11) a justification for modernization, new | ||||||
26 | construction, or other capital improvements, supported by |
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1 | the educational specification, student enrollment | ||||||
2 | projections, school facility condition assessment, and | ||||||
3 | assessment of the need for use as an educational facility; | ||||||
4 | and | ||||||
5 | (12) school-specific project recommendations on the | ||||||
6 | timing and funding for modernization of existing school | ||||||
7 | facilities, new school facility construction, and other | ||||||
8 | school facility capital improvements planned for the next | ||||||
9 | fiscal year and the succeeding 5 fiscal years. | ||||||
10 | (d) The chief executive officer shall present a final | ||||||
11 | proposed one-year capital improvement plan to the Board for | ||||||
12 | consideration. | ||||||
13 | (e) The Board shall adopt a final one-year capital | ||||||
14 | improvement plan no more than 45 days after adopting the annual | ||||||
15 | budget. | ||||||
16 | (f) Beginning with fiscal year 2013, the chief executive | ||||||
17 | officer shall publish a proposed 5-year capital improvement | ||||||
18 | plan with the proposed one-year capital improvement plan. The | ||||||
19 | 5-year capital improvement plan shall include
proposed capital | ||||||
20 | improvements for the next 4 years and, to the extent | ||||||
21 | practicable, the same information for each proposed project | ||||||
22 | that is required for the one-year capital improvement plan. | ||||||
23 | (g) The 5-year capital improvement plan shall be assessed | ||||||
24 | annually. An annual report shall be published explaining the | ||||||
25 | differences between projected capital projects in the 5-year | ||||||
26 | capital improvement plan and the capital projects authorized in |
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1 | the proposed one-year capital improvement plan for the | ||||||
2 | following fiscal year. The 5-year plan shall be published on | ||||||
3 | the district's Internet website and distributed to all | ||||||
4 | principals.
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5 | (h) Beginning on June 1, 2019, and annually thereafter, the | ||||||
6 | district shall conduct a regional capital budget hearing with | ||||||
7 | 30-day notice to the public that describes planned projects for | ||||||
8 | the year and reviews the 5-year capital budget and the | ||||||
9 | educational facility master plan. | ||||||
10 | (Source: P.A. 97-473, eff. 1-1-12.) | ||||||
11 | (Text of Section from P.A. 97-474) | ||||||
12 | Sec. 34-215. Capital improvement plans. | ||||||
13 | (a) The district shall develop a capital needs review | ||||||
14 | process and one-year and 5-year capital improvement plans. | ||||||
15 | (b) By January 1, 2012, the chief executive officer or his | ||||||
16 | or her designee shall establish a capital needs review process | ||||||
17 | that includes a comprehensive bi-annual assessment of the | ||||||
18 | capital needs at each facility owned, leased, or operated by | ||||||
19 | the district. The review process shall include development of | ||||||
20 | an assessment form to be used by attendance centers to provide | ||||||
21 | a school-based capital, maintenance, utility, and repair needs | ||||||
22 | assessment report and recommendations aligned with the | ||||||
23 | educational program and goals of the attendance center. | ||||||
24 | (c) Beginning with fiscal year 2013 and for each year | ||||||
25 | thereafter, the chief executive officer shall publish a |
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1 | proposed one-year capital improvement plan at least 60 days | ||||||
2 | prior to the end of the prior fiscal year. The proposed | ||||||
3 | one-year capital improvement plan shall be posted on the | ||||||
4 | district's Internet website and shall be subject to public | ||||||
5 | review and comment and at least 3 public hearings. The one-year | ||||||
6 | capital improvement plan shall include the following | ||||||
7 | information for all capital projects for which funds are to be | ||||||
8 | appropriated: | ||||||
9 | (1) description of the scope of the project; | ||||||
10 | (2) justification for the project; | ||||||
11 | (3) status of the project, including, if appropriate, | ||||||
12 | percentage funded, percentage complete, and approved start | ||||||
13 | and end dates; | ||||||
14 | (4) original approved cost and current approved cost | ||||||
15 | for each project; | ||||||
16 | (5) the impact of the project on the district's | ||||||
17 | operating budget; | ||||||
18 | (6) the name of each school and facility affected by a | ||||||
19 | project; | ||||||
20 | (7) all funding sources for the project; | ||||||
21 | (8) any relationship of the project to the needs | ||||||
22 | assessment submitted by the attendance center; and | ||||||
23 | (9) any relationship to the district's 10-year | ||||||
24 | Educational Facilities Master Plan ; . | ||||||
25 | (10) a description of the scope of work to be done, | ||||||
26 | schedule of achieved and projected major milestones, and an |
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1 | explanation for any delay in meeting projected milestones; | ||||||
2 | (11) a justification for modernization, new | ||||||
3 | construction, or other capital improvements, supported by | ||||||
4 | the educational specification, student enrollment | ||||||
5 | projections, school facility condition assessment, and | ||||||
6 | assessment of the need for use as an educational facility; | ||||||
7 | and | ||||||
8 | (12) school-specific project recommendations on the | ||||||
9 | timing and funding for modernization of existing school | ||||||
10 | facilities, new school facility construction, and other | ||||||
11 | school facility capital improvements planned for the next | ||||||
12 | fiscal year and the succeeding 5 fiscal years. | ||||||
13 | (d) The chief executive officer shall present a final | ||||||
14 | proposed one-year capital improvement plan to the Board for | ||||||
15 | consideration. | ||||||
16 | (e) The Board shall adopt a final one-year capital | ||||||
17 | improvement plan no more than 45 days after adopting the annual | ||||||
18 | budget. | ||||||
19 | (f) Beginning with fiscal year 2013, the chief executive | ||||||
20 | officer shall publish a proposed 5-year capital improvement | ||||||
21 | plan with the proposed one-year capital improvement plan. The | ||||||
22 | 5-year capital improvement plan shall include
proposed capital | ||||||
23 | improvements for the next 4 years and, to the extent | ||||||
24 | practicable, the same information for each proposed project | ||||||
25 | that is required for the one-year capital improvement plan. | ||||||
26 | (g) The 5-year capital improvement plan shall be assessed |
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1 | annually. An annual report shall be published explaining the | ||||||
2 | differences between projected capital projects in the 5-year | ||||||
3 | capital improvement plan and the capital projects authorized in | ||||||
4 | the proposed one-year capital improvement plan for the | ||||||
5 | following fiscal year. The 5-year plan shall be published on | ||||||
6 | the district's Internet website and distributed to all | ||||||
7 | principals.
| ||||||
8 | (h) Beginning on June 1, 2019, and annually thereafter, the | ||||||
9 | district shall conduct a regional capital budget hearing with | ||||||
10 | 30-day notice to the public that describes planned projects for | ||||||
11 | the year and reviews the 5-year capital budget and the | ||||||
12 | educational facility master plan. | ||||||
13 | (Source: P.A. 97-474, eff. 8-22-11.) | ||||||
14 | (105 ILCS 5/34-220) | ||||||
15 | Sec. 34-220. Financial transparency. | ||||||
16 | (a) For fiscal year 2012, the chief executive officer shall | ||||||
17 | provide the Board with an annual capital expenditure report | ||||||
18 | within 90 days after the end of the fiscal year. The report | ||||||
19 | shall be published on the district's Internet website. | ||||||
20 | (b) For fiscal year 2013 and thereafter, the chief | ||||||
21 | executive officer shall provide the Board with an annual | ||||||
22 | capital expenditure report within 90 days after the end of the | ||||||
23 | fiscal year. The report shall be published on the district's | ||||||
24 | Internet website. The annual capital expenditure report shall | ||||||
25 | include the following: |
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1 | (1) expenditures on all facilities in which students | ||||||
2 | enrolled in the district receive instruction for all | ||||||
3 | capital projects on which funds were expended in that | ||||||
4 | fiscal year, even if the project was not initiated or | ||||||
5 | completed in the fiscal year; | ||||||
6 | (2) identification of capital projects that aligned | ||||||
7 | with the school-based facility needs assessment and | ||||||
8 | recommendations of school principals or were the result of | ||||||
9 | other public input and presented at the annual hearing | ||||||
10 | under subsection (h) of Section 34-215 of this Code ; | ||||||
11 | (3) the levels of appropriation actually provided to | ||||||
12 | the district for capital projects in the fiscal year by the | ||||||
13 | city, the State, and the federal government, with a | ||||||
14 | comparison of the level of such funding against funding | ||||||
15 | levels for the prior 5 years; and | ||||||
16 | (4) a summary comparison of annual capital expenses and | ||||||
17 | the corresponding one-year capital improvement plan. | ||||||
18 | (c) A list of all property owned by or leased to the Board | ||||||
19 | shall be published on the district's Internet website by | ||||||
20 | January 1, 2012, and shall be updated annually. For each | ||||||
21 | property listed, the most recent facility standards review and | ||||||
22 | any capital improvement projects that are pending or planned or | ||||||
23 | have been completed in the 2-year period prior to publication | ||||||
24 | shall be outlined. | ||||||
25 | (d) All lease agreements in which the Board is a lessor or | ||||||
26 | lessee shall be published on the district's Internet website |
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1 | for the duration of the lease. Temporary facility use, right of | ||||||
2 | entry, and other temporary license agreements not exceeding one | ||||||
3 | year in duration are not subject to this requirement. | ||||||
4 | (e) The district shall publish on the district's Internet | ||||||
5 | website a summary of the lease agreements in which the Board is | ||||||
6 | a lessor or lessee, including the following: | ||||||
7 | (1) a description of the leasehold; | ||||||
8 | (2) the full legal name of the parties to the | ||||||
9 | agreement; | ||||||
10 | (3) the term of the agreement; | ||||||
11 | (4) the rent amount; and | ||||||
12 | (5) the party responsible for maintenance, capital | ||||||
13 | improvements, utilities, and other expenses.
| ||||||
14 | (Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11.) | ||||||
15 | (105 ILCS 5/34-225) | ||||||
16 | Sec. 34-225. School transition plans. | ||||||
17 | (a) If the Board approves a school action, the chief | ||||||
18 | executive officer or his or her designee shall work | ||||||
19 | collaboratively with local school educators and families of | ||||||
20 | students attending a school that is the subject of a school | ||||||
21 | action to ensure successful integration of affected students | ||||||
22 | into new learning environments. | ||||||
23 | (b) The chief executive officer or his or her designee | ||||||
24 | shall prepare and implement a school transition plan to support | ||||||
25 | students attending a school that is the subject of a school |
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1 | action that accomplishes the goals of this Section. The chief | ||||||
2 | executive must identify and commit specific resources for | ||||||
3 | implementation of the school transition plan for a minimum of | ||||||
4 | the full first academic year after the board approves a school | ||||||
5 | action. | ||||||
6 | (c) The school transition plan shall include the following: | ||||||
7 | (1) services to support the academic, social, and | ||||||
8 | emotional needs of students; supports for students with | ||||||
9 | disabilities, homeless students, and English language | ||||||
10 | learners; and support to address security and safety | ||||||
11 | issues; | ||||||
12 | (2) options to enroll in higher performing schools; | ||||||
13 | (3) informational briefings regarding the choice of | ||||||
14 | schools that include all pertinent information to enable | ||||||
15 | the parent or guardian and child to make an informed | ||||||
16 | choice, including the option to visit the schools of choice | ||||||
17 | prior to making a decision; and | ||||||
18 | (4) the provision of appropriate transportation where | ||||||
19 | practicable ; .
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20 | (5) the departments that are responsible for the | ||||||
21 | oversight; | ||||||
22 | (6) specific programs to be offered; | ||||||
23 | (7) 5 years of financial support to implement plans at | ||||||
24 | receiving schools, specifying the funding source; and | ||||||
25 | (8) the tracking of each student affected by the school | ||||||
26 | action and a published report that details where students |
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1 | listed in paragraph (1) of this subsection (c) are | ||||||
2 | enrolled. | ||||||
3 | (c-5) A local school council affected by a school action | ||||||
4 | shall conduct an annual evaluation on the school transition | ||||||
5 | plan at the council's annual organizational meeting to identify | ||||||
6 | additional support needed from the district to ensure there has | ||||||
7 | not been any negative impact to the school or student body as a | ||||||
8 | result of the school action. | ||||||
9 | (d) When implementing a school action, the Board must make | ||||||
10 | reasonable and demonstrated efforts to ensure that: | ||||||
11 | (1) affected students receive a comparable level of | ||||||
12 | social support services provided by Chicago Public Schools | ||||||
13 | that were available at the previous school, provided that | ||||||
14 | the need for such social support services continue to | ||||||
15 | exist; and | ||||||
16 | (2) class sizes of any receiving school do not exceed | ||||||
17 | those established under the Chicago Public Schools policy | ||||||
18 | regarding class size, subject to principal discretion. | ||||||
19 | (Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11; | ||||||
20 | 97-813, eff. 7-13-12; 97-1133, eff. 11-30-12.) | ||||||
21 | (105 ILCS 5/34-227 new) | ||||||
22 | Sec. 34-227. Failure to comply with amendatory Act. If the | ||||||
23 | district fails to comply with this amendatory Act of the 100th | ||||||
24 | General Assembly, the General Assembly shall withhold all | ||||||
25 | capital funding for the district. |
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1 | (105 ILCS 5/34-230) | ||||||
2 | Sec. 34-230. School action public meetings and hearings. | ||||||
3 | (a) By October 1 of each year, the chief executive officer | ||||||
4 | shall prepare and publish guidelines for school actions. The | ||||||
5 | guidelines shall outline the academic and non-academic | ||||||
6 | criteria for a school action. These guidelines shall be created | ||||||
7 | with the involvement of local school councils, parents, | ||||||
8 | educators, and community organizations. These guidelines, and | ||||||
9 | each subsequent revision, shall be subject to a public comment | ||||||
10 | period of at least 21 days before their approval. | ||||||
11 | (b) The chief executive officer shall announce all proposed | ||||||
12 | school actions to be taken at the close of the current academic | ||||||
13 | year consistent with the guidelines by December 1 of each year. | ||||||
14 | (c) On or before December 1 of each year, the chief | ||||||
15 | executive officer shall publish notice of the proposed school | ||||||
16 | actions. | ||||||
17 | (1) Notice of the proposal for a school action shall | ||||||
18 | include a written statement of the basis for the school | ||||||
19 | action, an explanation of how the school action meets the | ||||||
20 | criteria set forth in the guidelines, and a draft School | ||||||
21 | Transition Plan identifying the items required in Section | ||||||
22 | 34-225 of this Code for all schools affected by the school | ||||||
23 | action. The notice shall state the date, time, and place of | ||||||
24 | the hearing or meeting. | ||||||
25 | (2) The chief executive officer or his or her designee |
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1 | shall provide notice to the principal, staff, local school | ||||||
2 | council, and parents or guardians of any school that is | ||||||
3 | subject to the proposed school action. | ||||||
4 | (3) The chief executive officer shall provide written | ||||||
5 | notice of any proposed school action to the State Senator, | ||||||
6 | State Representative, and alderman for the school or | ||||||
7 | schools that are subject to the proposed school action. | ||||||
8 | (4) The chief executive officer shall publish notice of | ||||||
9 | proposed school actions on the district's Internet | ||||||
10 | website. | ||||||
11 | (5) The chief executive officer shall provide notice of | ||||||
12 | proposed school actions at least 30 calendar days in | ||||||
13 | advance of a public hearing or meeting. The notice shall | ||||||
14 | state the date, time, and place of the hearing or meeting. | ||||||
15 | No Board decision regarding a proposed school action may | ||||||
16 | take place less than 60 days after the announcement of the | ||||||
17 | proposed school action. | ||||||
18 | (d) The chief executive officer shall publish a brief | ||||||
19 | summary of the proposed school actions and the date, time, and | ||||||
20 | place of the hearings or meetings in a newspaper of general | ||||||
21 | circulation. | ||||||
22 | (e) The chief executive officer shall designate at least 3 | ||||||
23 | opportunities to elicit public comment at a hearing or meeting | ||||||
24 | on a proposed school action and shall do the following: | ||||||
25 | (1) Convene at least one public hearing at the | ||||||
26 | centrally located office of the Board. |
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1 | (2) Convene at least 2 additional public hearings or | ||||||
2 | meetings at a location convenient to the school community | ||||||
3 | subject to the proposed school action . | ||||||
4 | (f) Public hearings shall be conducted by a qualified | ||||||
5 | independent hearing officer chosen from a list of independent | ||||||
6 | hearing officers. The general counsel shall compile and publish | ||||||
7 | a list of independent hearing officers by November 1 of each | ||||||
8 | school year. The independent hearing officer shall have the | ||||||
9 | following qualifications: | ||||||
10 | (1) he or she must be a licensed attorney eligible to | ||||||
11 | practice law in Illinois; | ||||||
12 | (2) he or she must not be an employee of the Board; and | ||||||
13 | (3) he or she must not have represented the Board, its | ||||||
14 | employees or any labor organization representing its | ||||||
15 | employees, any local school council, or any charter or | ||||||
16 | contract school in any capacity within the last year. | ||||||
17 | The independent hearing officer shall issue a written | ||||||
18 | report that summarizes the hearing and determines whether the | ||||||
19 | chief executive officer complied with the requirements of this | ||||||
20 | Section and the guidelines. | ||||||
21 | The chief executive officer shall publish the report on the | ||||||
22 | district's Internet website within 5 calendar days after | ||||||
23 | receiving the report and at least 15 days prior to any Board | ||||||
24 | action being taken. | ||||||
25 | (g) Public meetings shall be conducted by a representative | ||||||
26 | of the chief executive officer. A summary of the public meeting |
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1 | shall be published on the district's Internet website within 5 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | calendar days after the meeting. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (h) If the chief executive officer proposes a school action | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | without following the mandates set forth in this Section, the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | proposed school action shall not be approved by the Board | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | during the school year in which the school action was proposed.
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7 | (Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | 97-813, eff. 7-13-12; 97-1133, eff. 11-30-12.)
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