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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, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by renumbering and | ||||||
5 | changing Section 34-18.37 as added by Public Act 96-803 and by | ||||||
6 | adding the heading preceding Section 34-200 and Sections | ||||||
7 | 34-200, 34-205, 34-210, 34-215, 34-220, 34-225, 34-230, and | ||||||
8 | 34-235 as follows: | ||||||
9 | (105 ILCS 5/34-18.43) | ||||||
10 | Sec. 34-18.43 34-18.37 . Establishing an equitable and | ||||||
11 | effective school facility development process. | ||||||
12 | (a) The General Assembly finds all of the following: | ||||||
13 | (1) The Illinois Constitution recognizes that a | ||||||
14 | "fundamental goal of the People of the State is the | ||||||
15 | educational development of all persons to the limits of | ||||||
16 | their capacities". | ||||||
17 | (2) Quality educational facilities are essential for | ||||||
18 | fostering the maximum educational development of all | ||||||
19 | persons through their educational experience from | ||||||
20 | pre-kindergarten through high school. | ||||||
21 | (3) The public school is a major institution in our | ||||||
22 | communities. Public schools offer resources and | ||||||
23 | opportunities for the children of this State who seek and |
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1 | deserve quality education, but also benefit the entire | ||||||
2 | community that seeks improvement through access to | ||||||
3 | education. | ||||||
4 | (4) The equitable and efficient use of available | ||||||
5 | facilities-related resources among different schools and | ||||||
6 | among racial, ethnic, income, and disability groups is | ||||||
7 | essential to maximize the development of quality public | ||||||
8 | educational facilities for all children, youth, and | ||||||
9 | adults. The factors that impact the equitable and efficient | ||||||
10 | use of facility-related resources vary according to the | ||||||
11 | needs of each school community. Therefore, decisions that | ||||||
12 | impact school facilities should include the input of the | ||||||
13 | school community to the greatest extent possible. | ||||||
14 | (5) School openings, school closings, school | ||||||
15 | consolidations, school turnarounds, school phase-outs, | ||||||
16 | school construction, school repairs, school | ||||||
17 | modernizations, school boundary changes, and other related | ||||||
18 | school facility decisions often have a profound impact on | ||||||
19 | education in a community. In order to minimize the negative | ||||||
20 | impact of school facility decisions on the community, these | ||||||
21 | decisions should be implemented according to a clear | ||||||
22 | system-wide criteria and with the significant involvement | ||||||
23 | of local school councils, parents, educators, and the | ||||||
24 | community in decision-making. | ||||||
25 | (6) The General Assembly has previously stated that it | ||||||
26 | intended to make the individual school in the City of |
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1 | Chicago the essential unit for educational governance and | ||||||
2 | improvement and to place the primary responsibility for | ||||||
3 | school governance and improvement in the hands of parents, | ||||||
4 | teachers, and community residents at each school. A school | ||||||
5 | facility policy must be consistent with these principles. | ||||||
6 | (b) In order to ensure that school facility-related | ||||||
7 | decisions are made with the input of the community and reflect | ||||||
8 | educationally sound and fiscally responsible criteria, a | ||||||
9 | Chicago Educational Facilities Task Force shall be established | ||||||
10 | within 15 days after the effective date of this amendatory Act | ||||||
11 | of the 96th General Assembly. | ||||||
12 | (c) The Chicago Educational Facilities Task Force shall | ||||||
13 | consist of all of the following members: | ||||||
14 | (1) Two members of the House of Representatives | ||||||
15 | appointed by the Speaker of the House, at least one of whom | ||||||
16 | shall be a member of the Elementary & Secondary Education | ||||||
17 | Committee. | ||||||
18 | (2) Two members of the House of Representatives | ||||||
19 | appointed by the Minority Leader of the House, at least one | ||||||
20 | of whom shall be a member of the Elementary & Secondary | ||||||
21 | Education Committee. | ||||||
22 | (3) Two members of the Senate appointed by the | ||||||
23 | President of the Senate, at least one of whom shall be a | ||||||
24 | member of the Education Committee. | ||||||
25 | (4) Two members of the Senate appointed by the Minority | ||||||
26 | Leader of the Senate, at least one of whom shall be a |
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1 | member of the
Education Committee. | ||||||
2 | (5) Two representatives of school community | ||||||
3 | organizations with past involvement in school facility | ||||||
4 | issues appointed by the Speaker of the House. | ||||||
5 | (6) Two representatives of school community | ||||||
6 | organizations with past involvement in school facility | ||||||
7 | issues appointed by the President of the Senate. | ||||||
8 | (7) The chief executive officer of the school district | ||||||
9 | or his or her designee. | ||||||
10 | (8) The president of the union representing teachers in | ||||||
11 | the schools of the district or his or her designee. | ||||||
12 | (9) The president of the association representing | ||||||
13 | principals in the schools of the district or his or her | ||||||
14 | designee. | ||||||
15 | (d) The Speaker of the House shall appoint one of the | ||||||
16 | appointed House members as a co-chairperson of the Chicago | ||||||
17 | Educational Facilities Task Force. The President of the Senate | ||||||
18 | shall appoint one of the appointed Senate members as a | ||||||
19 | co-chairperson of the Chicago Educational Facilities Task | ||||||
20 | Force. Members appointed by the legislative leaders shall be | ||||||
21 | appointed for the duration of the Chicago Educational | ||||||
22 | Facilities Task Force; in the event of a vacancy, the | ||||||
23 | appointment to fill the vacancy shall be made by the | ||||||
24 | legislative leader of the same chamber and party as the leader | ||||||
25 | who made the original appointment. | ||||||
26 | (e) The Chicago Educational Facilities Task Force shall |
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1 | call on independent experts, as needed, to gather and analyze | ||||||
2 | pertinent information on a pro bono basis, provided that these | ||||||
3 | experts have no previous or on-going financial interest in | ||||||
4 | school facility issues related to the school district. The | ||||||
5 | Chicago Educational Facilities Task Force shall secure pro bono | ||||||
6 | expert assistance within 15 days after the establishment of the | ||||||
7 | Chicago Educational Facilities Task Force. | ||||||
8 | (f) The Chicago Educational Facilities Task Force shall be | ||||||
9 | empowered to gather further evidence in the form of testimony | ||||||
10 | or documents or other materials. | ||||||
11 | (g) The Chicago Educational Facilities Task Force, with the | ||||||
12 | help of the independent experts, shall analyze past Chicago | ||||||
13 | experiences and data with respect to school openings, school | ||||||
14 | closings, school consolidations, school turnarounds, school | ||||||
15 | phase-outs, school construction, school repairs, school | ||||||
16 | modernizations, school boundary changes, and other related | ||||||
17 | school facility decisions on students. The Chicago Educational | ||||||
18 | Facilities Task Force shall consult widely with stakeholders, | ||||||
19 | including public officials, about these facility issues and | ||||||
20 | their related costs and shall examine relevant best practices | ||||||
21 | from other school systems for dealing with these issues | ||||||
22 | systematically and equitably. These initial investigations | ||||||
23 | shall include opportunities for input from local stakeholders | ||||||
24 | through hearings, focus groups, and interviews. | ||||||
25 | (h) The Chicago Educational Facilities Task Force shall | ||||||
26 | prepare final recommendations on or before October 30, 2009 |
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1 | describing how the issues set forth in subsection (g) of this | ||||||
2 | Section can be addressed effectively based upon educationally | ||||||
3 | sound and fiscally responsible practices. | ||||||
4 | (i) The Chicago Educational Facilities Task Force shall | ||||||
5 | hold hearings in separate areas of the school district at times | ||||||
6 | that shall maximize school community participation to obtain | ||||||
7 | comments on draft recommendations. The final hearing shall take | ||||||
8 | place no later than 15 days prior to the completion of the | ||||||
9 | final recommendations. | ||||||
10 | (j) The Chicago Educational Facilities Task Force shall | ||||||
11 | prepare final proposed policy and legislative recommendations | ||||||
12 | for the General Assembly, the Governor, and the school | ||||||
13 | district. The recommendations may address issues, standards, | ||||||
14 | and procedures set forth in this Section. The final | ||||||
15 | recommendations shall be made available to the public through | ||||||
16 | posting on the school district's Internet website and other | ||||||
17 | forms of publication and distribution in the school district at | ||||||
18 | least 7 days before the final recommendations are submitted to | ||||||
19 | the General Assembly, the Governor, and the school district. | ||||||
20 | (k) The final recommendations may address issues of | ||||||
21 | system-wide criteria for ensuring clear priorities, equity, | ||||||
22 | and efficiency. | ||||||
23 | Without limitation, the final recommendations may propose | ||||||
24 | significant decision-making roles for key stakeholders, | ||||||
25 | including the individual school and community; recommend clear | ||||||
26 | criteria or processes for establishing criteria for making |
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1 | school facility decisions; and include clear criteria for | ||||||
2 | setting priorities with respect to school openings, school | ||||||
3 | closings, school consolidations, school turnarounds, school | ||||||
4 | phase-outs, school construction, school repairs, school | ||||||
5 | modernizations, school boundary changes, and other related | ||||||
6 | school facility decisions, including the encouragement of | ||||||
7 | multiple community uses for school space. | ||||||
8 | Without limitation, the final recommendations may propose | ||||||
9 | criteria for student mobility; the transferring of students to | ||||||
10 | lower performing schools; teacher mobility; insufficient | ||||||
11 | notice to and the lack of inclusion in decision-making of local | ||||||
12 | school councils, parents, and community members about school | ||||||
13 | facility decisions; and costly facilities-related expenditures | ||||||
14 | due to poor educational and facilities planning. | ||||||
15 | (l) The State Board of Education and the school district | ||||||
16 | shall provide administrative support to the Chicago | ||||||
17 | Educational Facilities Task Force.
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18 | (m) After recommendations have been issued, the Chicago | ||||||
19 | Educational Facilities Task Force shall meet at least once | ||||||
20 | annually, upon the call of the chairs, for the purpose of | ||||||
21 | reviewing Chicago public schools' compliance with the | ||||||
22 | provisions of Sections 34-200 through 34-235 of this Code | ||||||
23 | concerning school action and facility master planning. The Task | ||||||
24 | Force shall prepare a report to the General Assembly, the | ||||||
25 | Governor's Office, the Mayor of the City of Chicago, and the | ||||||
26 | Chicago Board of Education indicating how the district has met |
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1 | the requirements of the provisions of Sections 34-200 through | ||||||
2 | 34-235 of this Code concerning school action and facility | ||||||
3 | master planning. | ||||||
4 | (Source: P.A. 96-803, eff. 10-30-09.) | ||||||
5 | (105 ILCS 5/prec. Sec. 34-200 heading new) | ||||||
6 | SCHOOL ACTION AND FACILITY MASTER PLANNING | ||||||
7 | (105 ILCS 5/34-200 new) | ||||||
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 | ||||||
24 | schools by closing one or more schools and reassigning the |
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1 | students to another school. | ||||||
2 | "Phase-out" means the gradual cessation of enrollment in | ||||||
3 | certain grades each school year until a school closes or is | ||||||
4 | consolidated with another school. | ||||||
5 | "School action" means any school closing; school | ||||||
6 | consolidation; co-location; boundary change that requires | ||||||
7 | reassignment of students, unless the reassignment is to a new | ||||||
8 | school with an attendance area boundary and is made to relieve | ||||||
9 | overcrowding; or phase-out. | ||||||
10 | (105 ILCS 5/34-205 new) | ||||||
11 | Sec. 34-205. Educational facility standards. | ||||||
12 | (a) By January 1, 2012, the district shall publish space | ||||||
13 | utilization standards on the district's website. The standards | ||||||
14 | shall include the following: | ||||||
15 | (1) the method by which design capacity is calculated, | ||||||
16 | including consideration of the requirements of elementary | ||||||
17 | and secondary programs, shared campuses, after school | ||||||
18 | programming, the facility needs, grade and age ranges of | ||||||
19 | the attending students, and use of school buildings by | ||||||
20 | governmental agencies and community organizations; | ||||||
21 | (2) the method to determine efficient use of a school | ||||||
22 | building based upon educational program design capacity; | ||||||
23 | (3) the rate of utilization; and | ||||||
24 | (4) the standards for overcrowding and | ||||||
25 | underutilization. |
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1 | (b) The chief executive officer or his or her designee | ||||||
2 | shall publish a space utilization report for each school | ||||||
3 | building operated by the district on the district's website by | ||||||
4 | December 31 of each year. | ||||||
5 | (c) The facility performance standards provisions are as | ||||||
6 | follows: | ||||||
7 | (1) On or before January 1, 2012, the chief executive | ||||||
8 | officer shall propose minimum and optimal facility | ||||||
9 | performance standards for thermal comfort, daylight, | ||||||
10 | acoustics, indoor air quality, furniture ergonomics for | ||||||
11 | students and staff, technology, life safety, ADA | ||||||
12 | accessibility, plumbing and washroom access, environmental | ||||||
13 | hazards, and walkability. | ||||||
14 | (2) The chief executive officer shall conduct at least | ||||||
15 | one public hearing and submit the proposed educational | ||||||
16 | facilities standards to each local school council and to | ||||||
17 | the Chicago Public Building Commission for review and | ||||||
18 | comment prior to adoption. | ||||||
19 | (3) After the chief executive officer has incorporated | ||||||
20 | the input and recommendations of the public and the Chicago | ||||||
21 | Public Building Commission, the chief executive officer | ||||||
22 | shall issue final facility performance standards. | ||||||
23 | (4) The chief executive officer is authorized to amend | ||||||
24 | the facility performance standards following the | ||||||
25 | procedures in this Section. | ||||||
26 | (5) The final educational facility space utilization |
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1 | and performance standards shall be published on the | ||||||
2 | district's Internet website. | ||||||
3 | (105 ILCS 5/34-210 new) | ||||||
4 | Sec. 34-210. The Educational Facility Master Plan. | ||||||
5 | (a) In accordance with the schedule set forth in this | ||||||
6 | Article, the chief executive officer or his or her designee | ||||||
7 | shall prepare a 10-year educational facility master plan every | ||||||
8 | 5 years, with updates 2 1/2 years after the approval of the | ||||||
9 | initial 10-year plan, with the first such educational facility | ||||||
10 | master plan to be approved on or before July 1, 2013. | ||||||
11 | (b) The educational facility master plan shall provide | ||||||
12 | community area level plans and individual school master plans | ||||||
13 | with options for addressing the facility and space needs for | ||||||
14 | each facility operated by the district over a 10-year period. | ||||||
15 | (c) The data, information, and analysis that shall inform | ||||||
16 | the educational facility master plan shall be published on the | ||||||
17 | district's Internet website and shall include the following: | ||||||
18 | (1) a description of the district's guiding | ||||||
19 | educational goals and standards; | ||||||
20 | (2) a brief description of the types of instructional | ||||||
21 | programs and services delivered in each school; | ||||||
22 | (3) a description of the process, procedure, and | ||||||
23 | timeline for community participation in the development of | ||||||
24 | the plan; | ||||||
25 | (4) the enrollment capacity of each school and its rate |
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1 | of utilization; | ||||||
2 | (5) a report on the assessment of individual building | ||||||
3 | and site conditions; | ||||||
4 | (6) a data table with historical and projected | ||||||
5 | enrollment data by school by grade; | ||||||
6 | (7) community analysis, including a study of current | ||||||
7 | and projected demographics, land usage, transportation | ||||||
8 | plans, residential housing and commercial development, | ||||||
9 | private schools, plans for water and sewage service | ||||||
10 | expansion or redevelopment, and institutions of higher | ||||||
11 | education; | ||||||
12 | (8) an analysis of the facility needs and requirements | ||||||
13 | of the district; and | ||||||
14 | (9) identification of potential sources of funding for | ||||||
15 | the implementation of the Educational Facility Master | ||||||
16 | Plan. | ||||||
17 | (d) On or before January 1, 2013, the chief executive | ||||||
18 | officer or his or her designee shall prepare and distribute for | ||||||
19 | comment a preliminary draft of the Educational Facility Master | ||||||
20 | Plan. The draft plan shall be distributed to the City of | ||||||
21 | Chicago, the County of Cook, the Chicago Park District, the | ||||||
22 | Chicago Housing Authority, the Chicago Transit Authority, | ||||||
23 | attendance centers operated by the district, and charter | ||||||
24 | schools operating within the district. Each attendance center | ||||||
25 | shall make the draft plan available to the local school council | ||||||
26 | or alternative advisory body and to the parents, guardians, and |
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1 | staff of the school. The draft plan also shall be distributed | ||||||
2 | to each State Senator and State Representative with a district | ||||||
3 | in the City of Chicago, to the Mayor of the City of Chicago, | ||||||
4 | and to each alderman of the City. | ||||||
5 | (e) The chief executive or his or her designee shall | ||||||
6 | publish a procedure for conducting public hearings and | ||||||
7 | submitting public comments on the draft plan. | ||||||
8 | (f) After consideration of public input on the draft plan, | ||||||
9 | the chief executive officer or his or her designee shall | ||||||
10 | prepare and publish a report describing the process used to | ||||||
11 | incorporate public input in the development of the final plan | ||||||
12 | to be recommended to the Board. | ||||||
13 | (g) The chief executive officer shall present the final | ||||||
14 | plan and report to the Board for final consideration and | ||||||
15 | approval. | ||||||
16 | (h) The final approved Educational Facility Master Plan | ||||||
17 | shall be published on the district's website. | ||||||
18 | (i) No later than January 1, 2016, and every 5 years | ||||||
19 | thereafter, the chief executive officer or his or her designee | ||||||
20 | shall prepare and submit for public comment a draft revised | ||||||
21 | Educational Facility Master Plan following the procedures | ||||||
22 | required for development of the original plan. | ||||||
23 | (j) This proposed revised plan shall reflect the progress | ||||||
24 | achieved during the first 2 1/2 years of the Educational | ||||||
25 | Facility Master Plan. |
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1 | (105 ILCS 5/34-215 new) | ||||||
2 | Sec. 34-215. Capital improvement plans. | ||||||
3 | (a) The district shall develop a capital needs review | ||||||
4 | process and one-year and 5-year capital improvement plans. | ||||||
5 | (b) By January 1, 2012, the chief executive officer or his | ||||||
6 | or her designee shall establish a capital needs review process | ||||||
7 | that includes a comprehensive bi-annual assessment of the | ||||||
8 | capital needs at each facility owned, leased, or operated by | ||||||
9 | the district. The review process shall include development of | ||||||
10 | an assessment form to be used by attendance centers to provide | ||||||
11 | a school-based capital, maintenance, utility, and repair needs | ||||||
12 | assessment report and recommendations aligned with the | ||||||
13 | educational program and goals of the attendance center. | ||||||
14 | (c) Beginning with fiscal year 2013 and for each year | ||||||
15 | thereafter, the chief executive officer shall publish a | ||||||
16 | proposed one-year capital improvement plan at least 60 days | ||||||
17 | prior to the end of the prior fiscal year. The proposed | ||||||
18 | one-year capital improvement plan shall be posted on the | ||||||
19 | district's Internet website and shall be subject to public | ||||||
20 | review and comment and at least 3 public hearings. The one-year | ||||||
21 | capital improvement plan shall include the following | ||||||
22 | information for all capital projects for which funds are to be | ||||||
23 | appropriated: | ||||||
24 | (1) description of the scope of the project; | ||||||
25 | (2) justification for the project; | ||||||
26 | (3) status of the project, including, if appropriate, |
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1 | percentage funded, percentage complete, and approved start | ||||||
2 | and end dates; | ||||||
3 | (4) original approved cost and current approved cost | ||||||
4 | for each project; | ||||||
5 | (5) the impact of the project on the district's | ||||||
6 | operating budget; | ||||||
7 | (6) the name of each school and facility affected by a | ||||||
8 | project; | ||||||
9 | (7) all funding sources for the project; | ||||||
10 | (8) any relationship of the project to the needs | ||||||
11 | assessment submitted by the attendance center; and | ||||||
12 | (9) any relationship to the district's 10-year | ||||||
13 | Educational Facilities Master Plan. | ||||||
14 | (d) The chief executive officer shall present a final | ||||||
15 | proposed one-year capital improvement plan to the Board for | ||||||
16 | consideration. | ||||||
17 | (e) The Board shall adopt a final one-year capital | ||||||
18 | improvement plan no more than 45 days after adopting the annual | ||||||
19 | budget. | ||||||
20 | (f) Beginning with fiscal year 2013, the chief executive | ||||||
21 | officer shall publish a proposed 5-year capital improvement | ||||||
22 | plan with the proposed one-year capital improvement plan. The | ||||||
23 | 5-year capital improvement plan shall include
proposed capital | ||||||
24 | improvements for the next 4 years and, to the extent | ||||||
25 | practicable, the same information for each proposed project | ||||||
26 | that is required for the one-year capital improvement plan. |
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1 | (g) The 5-year capital improvement plan shall be assessed | ||||||
2 | annually. An annual report shall be published explaining the | ||||||
3 | differences between projected capital projects in the 5-year | ||||||
4 | capital improvement plan and the capital projects authorized in | ||||||
5 | the proposed one-year capital improvement plan for the | ||||||
6 | following fiscal year. The 5-year plan shall be published on | ||||||
7 | the district's Internet website and distributed to all | ||||||
8 | principals. | ||||||
9 | (105 ILCS 5/34-220 new) | ||||||
10 | Sec. 34-220. Financial transparency. | ||||||
11 | (a) For fiscal year 2012, the chief executive officer shall | ||||||
12 | provide the Board with an annual capital expenditure report | ||||||
13 | within 90 days after the end of the fiscal year. The report | ||||||
14 | shall be published on the district's Internet website. | ||||||
15 | (b) For fiscal year 2013 and thereafter, the chief | ||||||
16 | executive officer shall provide the Board with an annual | ||||||
17 | capital expenditure report within 90 days after the end of the | ||||||
18 | fiscal year. The report shall be published on the district's | ||||||
19 | Internet website. The annual capital expenditure report shall | ||||||
20 | include the following: | ||||||
21 | (1) expenditures on all facilities in which students | ||||||
22 | enrolled in the district receive instruction for all | ||||||
23 | capital projects on which funds were expended in that | ||||||
24 | fiscal year, even if the project was not initiated or | ||||||
25 | completed in the fiscal year; |
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1 | (2) identification of capital projects that aligned | ||||||
2 | with the school-based facility needs assessment and | ||||||
3 | recommendations of school principals or were the result of | ||||||
4 | other public input; | ||||||
5 | (3) the levels of appropriation actually provided to | ||||||
6 | the district for capital projects in the fiscal year by the | ||||||
7 | city, the State, and the federal government, with a | ||||||
8 | comparison of the level of such funding against funding | ||||||
9 | levels for the prior 5 years; and | ||||||
10 | (4) a summary comparison of annual capital expenses and | ||||||
11 | the corresponding one-year capital improvement plan. | ||||||
12 | (c) A list of all property owned by or leased to the Board | ||||||
13 | shall be published on the district's Internet website by | ||||||
14 | January 1, 2012, and shall be updated annually. For each | ||||||
15 | property listed, the most recent facility standards review and | ||||||
16 | any capital improvement projects that are pending or planned or | ||||||
17 | have been completed in the 2-year period prior to publication | ||||||
18 | shall be outlined. | ||||||
19 | (d) All lease agreements in which the Board is a lessor or | ||||||
20 | lessee shall be published on the district's Internet website | ||||||
21 | for the duration of the lease. Temporary facility use, right of | ||||||
22 | entry, and other temporary license agreements not exceeding one | ||||||
23 | year in duration are not subject to this requirement. | ||||||
24 | (e) The district shall publish on the district's Internet | ||||||
25 | website a summary of the lease agreements in which the Board is | ||||||
26 | a lessor or lessee, including the following: |
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1 | (1) a description of the leasehold; | ||||||
2 | (2) the full legal name of the parties to the | ||||||
3 | agreement; | ||||||
4 | (3) the term of the agreement; | ||||||
5 | (4) the rent amount; and | ||||||
6 | (5) the party responsible for maintenance, capital | ||||||
7 | improvements, utilities, and other expenses. | ||||||
8 | (105 ILCS 5/34-225 new) | ||||||
9 | Sec. 34-225. School transition plans. | ||||||
10 | (a) If the Board approves a school action, the chief | ||||||
11 | executive officer or his or her designee shall work | ||||||
12 | collaboratively with local school educators and families of | ||||||
13 | students attending a school that is the subject of a school | ||||||
14 | action to ensure successful integration of affected students | ||||||
15 | into new learning environments. | ||||||
16 | (b) The chief executive officer or his or her designee | ||||||
17 | shall prepare and implement a school transition plan to support | ||||||
18 | students attending a school that is the subject of a school | ||||||
19 | action that accomplishes the goals of this Section. The chief | ||||||
20 | executive must identify and commit specific resources for | ||||||
21 | implementation of the school transition plan for a minimum of | ||||||
22 | the full first academic year after the board approves a school | ||||||
23 | action. | ||||||
24 | (c) The school transition plan shall include the following: | ||||||
25 | (1) services to support the academic, social, and |
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1 | emotional needs of students; supports for students with | ||||||
2 | disabilities, homeless students, and English language | ||||||
3 | learners; and support to address security and safety | ||||||
4 | issues; | ||||||
5 | (2) options to enroll in higher performing schools; | ||||||
6 | (3) informational briefings regarding the choice of | ||||||
7 | schools that include all pertinent information to enable | ||||||
8 | the parent or guardian and child to make an informed | ||||||
9 | choice, including the option to visit the schools of choice | ||||||
10 | prior to making a decision; and | ||||||
11 | (4) the provision of appropriate transportation where | ||||||
12 | practicable. | ||||||
13 | (105 ILCS 5/34-230 new) | ||||||
14 | Sec. 34-230. School action public meetings and hearings. | ||||||
15 | (a) By November 1 of each year, the chief executive officer | ||||||
16 | shall prepare and publish guidelines for school actions. The | ||||||
17 | guidelines shall outline the academic and non-academic | ||||||
18 | criteria for a school action. These guidelines, and each | ||||||
19 | subsequent revision, shall be subject to a public comment | ||||||
20 | period of at least 21 days before their approval. | ||||||
21 | (b) The chief executive officer shall announce all proposed | ||||||
22 | school actions to be taken at the close of the current academic | ||||||
23 | year consistent with the guidelines by December 1 of each year. | ||||||
24 | (c) On or before December 1 of each year, the chief | ||||||
25 | executive officer shall publish notice of the proposed school |
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1 | actions. | ||||||
2 | (1) Notice of the proposal for a school action shall | ||||||
3 | include a written statement of the basis for the school | ||||||
4 | action, an explanation of how the school action meets the | ||||||
5 | criteria set forth in the guidelines, and a draft School | ||||||
6 | Transition Plan identifying the items required in Section | ||||||
7 | 34-225 of this Code for all schools affected by the school | ||||||
8 | action. The notice shall state the date, time, and place of | ||||||
9 | the hearing or meeting. | ||||||
10 | (2) The chief executive officer or his or her designee | ||||||
11 | shall provide notice to the principal, staff, local school | ||||||
12 | council, and parents or guardians of any school that is | ||||||
13 | subject to the proposed school action. | ||||||
14 | (3) The chief executive officer shall provide written | ||||||
15 | notice of any proposed school action to the State Senator, | ||||||
16 | State Representative, and alderman for the school or | ||||||
17 | schools that are subject to the proposed school action. | ||||||
18 | (4) The chief executive officer shall publish notice of | ||||||
19 | proposed school actions on the district's Internet | ||||||
20 | website. | ||||||
21 | (5) The chief executive officer shall provide notice of | ||||||
22 | proposed school actions at least 30 calendar days in | ||||||
23 | advance of a public hearing or meeting. No Board decision | ||||||
24 | regarding a proposed school action may take place less than | ||||||
25 | 60 days after the announcement of the proposed school | ||||||
26 | action. |
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1 | (d) The chief executive officer shall publish a brief | ||||||
2 | summary of the proposed school actions and the date, time, and | ||||||
3 | place of the hearings or meetings in a newspaper of general | ||||||
4 | circulation. | ||||||
5 | (e) The chief executive officer shall designate at least 3 | ||||||
6 | opportunities to elicit public comment at a hearing or meeting | ||||||
7 | on a proposed school action and shall do the following: | ||||||
8 | (1) Convene at least one public hearing at the | ||||||
9 | centrally located office of the Board. | ||||||
10 | (2) Convene at least 2 additional public hearings or | ||||||
11 | meetings at a location convenient to the school community | ||||||
12 | subject to the proposed school action. | ||||||
13 | (f) Public hearings shall be conducted by a qualified | ||||||
14 | independent hearing officer chosen from a list of independent | ||||||
15 | hearing officers. The general counsel shall compile and publish | ||||||
16 | a list of independent hearing officers by November 1 of each | ||||||
17 | school year. The independent hearing officer shall have the | ||||||
18 | following qualifications: | ||||||
19 | (1) he or she must be a licensed attorney eligible to | ||||||
20 | practice law in Illinois; | ||||||
21 | (2) he or she must not be an employee of the Board; and | ||||||
22 | (3) he or she must not have represented the Board, its | ||||||
23 | employees or any labor organization representing its | ||||||
24 | employees, any local school council, or any charter or | ||||||
25 | contract school in any capacity within the last year. | ||||||
26 | (4) The independent hearing officer shall issue a |
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1 | written report that summarizes the hearing and determines | ||||||
2 | whether the chief executive officer complied with the | ||||||
3 | requirements of this Section and the guidelines. | ||||||
4 | (5) The chief executive officer shall publish the | ||||||
5 | report on the district's Internet website within 5 calendar | ||||||
6 | days after receiving the report and at least 15 days prior | ||||||
7 | to any Board action being taken. | ||||||
8 | (g) Public meetings shall be conducted by a representative | ||||||
9 | of the chief executive officer. A summary of the public meeting | ||||||
10 | shall be published on the district's Internet website within 5 | ||||||
11 | calendar days after the meeting. | ||||||
12 | (h) If the chief executive officer proposes a school action | ||||||
13 | without following the mandates set forth in this Section, the | ||||||
14 | proposed school action shall not be approved by the Board | ||||||
15 | during the school year in which the school action was proposed. | ||||||
16 | (105 ILCS 5/34-235 new) | ||||||
17 | Sec. 34-235. Emergencies. Nothing in Sections 34-200 | ||||||
18 | through 34-235 of this Code prevents the district from taking | ||||||
19 | emergency action to protect the health and safety of students | ||||||
20 | and staff in an attendance center. In the event of an emergency | ||||||
21 | that requires the district to close all or part of a school | ||||||
22 | facility, including compliance with a directive of a duly | ||||||
23 | authorized public safety agency, the chief executive officer or | ||||||
24 | his or her designees are authorized to take all steps necessary | ||||||
25 | to protect the safety of students and staff, including |
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1 | relocation of the attendance center to another location or | ||||||
2 | closing the attendance center. In such cases, the chief | ||||||
3 | executive officer shall provide written notice of the basis for | ||||||
4 | the emergency action within 3 days after declaring the | ||||||
5 | emergency and shall publish the steps that have been taken or | ||||||
6 | will be taken to address the emergency within 10 days after | ||||||
7 | declaring the emergency. The notice shall be posted on the | ||||||
8 | district's website and provided to the principal, the local | ||||||
9 | school council, and the State Senator, the State | ||||||
10 | Representative, and the alderman of the school that is the | ||||||
11 | subject of the emergency action. The notice shall explain why | ||||||
12 | the district could not comply with the provisions in Sections | ||||||
13 | 34-200 through 34-235 of this Code.
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14 | Section 97. Control over other Act. Senate Bill 620 of the | ||||||
15 | 97th General Assembly passed both houses on May 31, 2011. Thus, | ||||||
16 | this amendatory Act of the 97th General Assembly (Senate Bill | ||||||
17 | 630) is the one last acted upon by the General Assembly. If | ||||||
18 | Senate Bill 620 becomes law and this amendatory Act (Senate | ||||||
19 | Bill 630) becomes law, then this amendatory Act (Senate Bill | ||||||
20 | 630) controls as provided in Section 6 of the Statute on | ||||||
21 | Statutes (5 ILCS 70/6).
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
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