Illinois General Assembly - Full Text of SB1191
Illinois General Assembly

Previous General Assemblies

Full Text of SB1191  93rd General Assembly

SB1191 93rd General Assembly


093_SB1191

 
                                     LRB093 08206 NHT 08413 b

 1        AN ACT regarding schools.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  School  Code  is  amended  by changing
 5    Sections 2-3.12 and 10-17a as follows:

 6        (105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)
 7        Sec. 2-3.12.  School building code. To prepare for school
 8    boards with the advice of the Department  of  Public  Health,
 9    the  Capital  Development Board, and the State Fire Marshal a
10    school building code that will conserve the health and safety
11    and general welfare of the pupils and  school  personnel  and
12    others who use public school facilities.
13        The  document  known as "Efficient and Adequate Standards
14    for the Construction of Schools" applies  only  to  temporary
15    school  facilities,  new  school  buildings, and additions to
16    existing schools whose  construction  contracts  are  awarded
17    after  July  1, 1965.  On or before July 1, 1967, each school
18    board shall have its  school  district  buildings  that  were
19    constructed   prior  to  January  1,  1955,  surveyed  by  an
20    architect or engineer licensed in the State of Illinois as to
21    minimum standards necessary to conserve the health and safety
22    of the  pupils  enrolled  in  the  school  buildings  of  the
23    district.   Buildings constructed between January 1, 1955 and
24    July 1, 1965, not owned by the State of  Illinois,  shall  be
25    surveyed by an architect or engineer licensed in the State of
26    Illinois beginning 10 years after acceptance of the completed
27    building  by the school board.  Buildings constructed between
28    January 1, 1955 and July 1, 1955 and previously exempt  under
29    the  provisions  of  Section 35-27 shall be surveyed prior to
30    July 1, 1977 by an architect  or  engineer  licensed  in  the
31    State  of  Illinois.    The  architect or engineer, using the
 
                            -2-      LRB093 08206 NHT 08413 b
 1    document known as "Building  Specifications  for  Health  and
 2    Safety  in Public Schools" as a guide, shall make a report of
 3    the findings of  the  survey  to  the  school  board,  giving
 4    priority   in   that  report  to  fire  safety  problems  and
 5    recommendations thereon if any  such  problems  exist.    The
 6    school  board  of  each  district so surveyed and receiving a
 7    report of  needed  recommendations  to  be  made  to  improve
 8    standards  of  safety  and  health of the pupils enrolled has
 9    until July 1, 1970, or in case of buildings not owned by  the
10    State  of  Illinois and completed between January 1, 1955 and
11    July 1, 1965 or in the case of  buildings  previously  exempt
12    under the provisions of Section 35-27 has a period of 3 years
13    after   the   survey   is   commenced,  to  effectuate  those
14    recommendations,    giving    first    attention    to    the
15    recommendations in the survey report having priority  status,
16    and  is  authorized  to  levy the tax provided for in Section
17    17-2.11, according to the provisions of that Section, to make
18    such improvements.  School boards unable to effectuate  those
19    recommendations prior to July 1, 1970, on July 1, 1980 in the
20    case  of  buildings previously exempt under the provisions of
21    Section 35-27,  may  petition  the  State  Superintendent  of
22    Education   upon   the   recommendation   of   the   Regional
23    Superintendent  for  an  extension of time.  The extension of
24    time may be granted by the State Superintendent of  Education
25    for  a  period  of one year, but may be extended from year to
26    year provided substantial progress, in  the  opinion  of  the
27    State  Superintendent  of  Education,  is  being  made toward
28    compliance. However, for fire  protection  issues,  only  one
29    one-year  extension  may  be  made, and no other provision of
30    this  Code  or  an  applicable  code   may   supersede   this
31    requirement.  For  routine  inspections, fire officials shall
32    provide written notice to the  principal  of  the  school  to
33    schedule  a  mutually  agreed  upon  time for the fire safety
34    check.  However, no more than 2 routine  inspections  may  be
 
                            -3-      LRB093 08206 NHT 08413 b
 1    made in a calendar year.
 2        Within   2   years  after  the  effective  date  of  this
 3    amendatory Act of 1983, and every 10 years thereafter, or  at
 4    such  other  times  as  the  State  Board  of Education deems
 5    necessary or the  regional  superintendent  so  orders,  each
 6    school  board subject to the provisions of this Section shall
 7    again  survey  its  school  buildings  and   effectuate   any
 8    recommendations  in  accordance with the procedures set forth
 9    herein. An architect or engineer licensed  in  the  State  of
10    Illinois  is  required  to  conduct  the  surveys  under  the
11    provisions  of  this  Section  and shall make a report of the
12    findings of the survey titled "safety survey report"  to  the
13    school  board.   The  school  board  shall approve the safety
14    survey report, including any  recommendations  to  effectuate
15    compliance  with  the  code,  and  submit  it to the Regional
16    Superintendent.  The Regional Superintendent shall  render  a
17    decision  regarding  approval or denial and submit the safety
18    survey report to the State Superintendent of Education.   The
19    State  Superintendent  of Education shall approve or deny the
20    report including  recommendations  to  effectuate  compliance
21    with  the  code  and,  if  approved,  issue  a certificate of
22    approval. Upon receipt of the certificate  of  approval,  the
23    Regional  Superintendent  shall  issue an order to effect any
24    approved recommendations included in the  report.   Items  in
25    the  report  shall  be  prioritized.   Urgent  items shall be
26    considered as those items related  to  life  safety  problems
27    that  present  an immediate hazard to the safety of students.
28    Required items shall be considered as those  items  that  are
29    necessary  for  a  safe  environment  but  present less of an
30    immediate hazard to  the  safety  of  students.   Urgent  and
31    required  items  shall  reference a specific rule in the code
32    authorized by this Section that is currently  being  violated
33    or  will  be  violated  within  the  next  12  months  if the
34    violation is not remedied.  The school board of each district
 
                            -4-      LRB093 08206 NHT 08413 b
 1    so surveyed and receiving a report of needed  recommendations
 2    to  be made to maintain standards of safety and health of the
 3    pupils enrolled shall effectuate  the  correction  of  urgent
 4    items  as  soon  as  achievable  to  ensure the safety of the
 5    students, but in no case more than one year after the date of
 6    the State  Superintendent  of  Education's  approval  of  the
 7    recommendation.    Required  items  shall  be  corrected in a
 8    timely manner, but in no case more than 5 years from the date
 9    of the State Superintendent of Education's  approval  of  the
10    recommendation.  Once each year the school board shall submit
11    a  report of progress on completion of any recommendations to
12    effectuate compliance with the code.  For each year that  the
13    school   board  does  not  effectuate  any  or  all  approved
14    recommendations,   it    shall    petition    the    Regional
15    Superintendent  and  the  State  Superintendent  of Education
16    detailing what work was completed in the previous year and  a
17    work  plan  for  completion of the remaining work.  If in the
18    judgement  of  the  Regional  Superintendent  and  the  State
19    Superintendent of Education  substantial  progress  has  been
20    made  and  just cause has been shown by the school board, the
21    petition for a one year extension of time may be approved.
22        The State Board of Education shall  require  each  school
23    district  to  prepare  an indoor air quality (IAQ) management
24    plan. At  a  minimum,  the  plan  must  include  all  of  the
25    following components:
26             (1)  A district IAQ coordinator.
27             (2)  An annual IAQ walk-through inspection.
28             (3)  A building systems evaluation.
29             (4)  A  process  for  documenting,  evaluating,  and
30        resolving IAQ issues.
31             (5)  A  plan  to inform staff and teachers about the
32        IAQ management plan and how to contact the  district  IAQ
33        coordinator.
34             (6)  An  emergency response plan for both individual
 
                            -5-      LRB093 08206 NHT 08413 b
 1        schools and the district.
 2             (7)  A preventive maintenance and operations policy.
 3             (8)  A microbial management policy.
 4             (9)  Documentation of school board approval.
 5             (10)  An annual review of the IAQ management plan by
 6        the regional office of education as  part  of  a  regular
 7        annual review.
 8        The   State  Board  of  Education,  in  cooperation  with
 9    regional offices of education and the  Department  of  Public
10    Health,  shall  develop materials for and provide training to
11    school districts to assist them in developing IAQ  management
12    plans.
13        As  soon as practicable, but not later than 2 years after
14    the effective date of this amendatory Act of 1992, the  State
15    Board  of  Education  shall  combine  the  document  known as
16    "Efficient and Adequate Standards  for  the  Construction  of
17    Schools"  with the document known as "Building Specifications
18    for Health and Safety in Public Schools"  together  with  any
19    modifications or additions that may be deemed necessary.  The
20    combined  document  shall be known as the "Health/Life Safety
21    Code for Public Schools" and shall be the governing code  for
22    all  facilities  that  house  public  school  students or are
23    otherwise used  for  public  school  purposes,  whether  such
24    facilities  are  permanent  or temporary and whether they are
25    owned, leased, rented, or otherwise  used  by  the  district.
26    Facilities  owned  by a school district but that are not used
27    to house public school students or are not  used  for  public
28    school  purposes  shall  be  governed  by separate provisions
29    within the code authorized by this Section.
30        The 10 year survey cycle specified in this Section  shall
31    continue  to  apply based upon the standards contained in the
32    "Health/Life Safety Code for  Public  Schools",  which  shall
33    specify building standards for buildings that are constructed
34    prior  to  the  effective date of this amendatory Act of 1992
 
                            -6-      LRB093 08206 NHT 08413 b
 1    and for buildings that are constructed after that date.
 2        The "Health/Life Safety Code for Public Schools" shall be
 3    the  governing  code  for  public   schools;   however,   the
 4    provisions  of  this Section shall not preclude inspection of
 5    school premises and buildings pursuant to Section  9  of  the
 6    Fire  Investigation  Act, provided that the provisions of the
 7    "Health/Life  Safety  Code  for  Public  Schools",  or   such
 8    predecessor  document  authorized  by  this Section as may be
 9    applicable are used, and provided that those inspections  are
10    coordinated   with   the   Regional   Superintendent   having
11    jurisdiction  over  the  public  school facility.  Nothing in
12    this Section shall be construed  to  prohibit  a  local  fire
13    department,  fire  protection  district, or the Office of the
14    State Fire Marshal from conducting a fire safety check  in  a
15    public  school.   Upon being notified by a fire official that
16    corrective action must be taken to resolve a  violation,  the
17    school  board  shall  take corrective action within one year.
18    However, violations that  present  imminent  danger  must  be
19    addressed immediately.
20        Any  agency  having  jurisdiction beyond the scope of the
21    applicable document authorized by this Section  may  issue  a
22    lawful order to a school board to effectuate recommendations,
23    and the school board receiving the order shall certify to the
24    Regional  Superintendent  and  the  State  Superintendent  of
25    Education when it has complied with the order.
26        The  State  Board of Education is authorized to adopt any
27    rules that are necessary relating to the  administration  and
28    enforcement  of  the  provisions  of  this Section.  The code
29    authorized by this Section shall apply only to  those  school
30    districts   having   a   population   of  less  than  500,000
31    inhabitants.
32    (Source: P.A. 92-593, eff. 1-1-03.)

33        (105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
 
                            -7-      LRB093 08206 NHT 08413 b
 1        Sec. 10-17a.  Better schools accountability.
 2        (1)  Policy and Purpose.  It shall be the policy  of  the
 3    State  of  Illinois  that each school district in this State,
 4    including special charter districts and districts subject  to
 5    the  provisions  of  Article  34,  shall  submit  to parents,
 6    taxpayers  of  such  district,  the  Governor,  the   General
 7    Assembly,  and  the  State Board of Education a school report
 8    card assessing the performance of its schools  and  students.
 9    The  report  card  shall  be  an  index of school performance
10    measured against  statewide  and  local  standards  and  will
11    provide information to make prior year comparisons and to set
12    future year targets through the school improvement plan.
13        (2)  Reporting  Requirements.  Each school district shall
14    prepare a report card in accordance with the  guidelines  set
15    forth  in this Section which describes the performance of its
16    students by school attendance centers and by district and the
17    district's  financial  resources   and   use   of   financial
18    resources.  The report card shall also include information on
19    the quality of school  facilities  in  the  district.    Such
20    report  card  shall  be  presented  at a regular school board
21    meeting subject to applicable notice requirements, posted  on
22    the  school  district's  Internet  web  site, if the district
23    maintains an Internet web site, made available to a newspaper
24    of  general  circulation  serving  the  district,  and,  upon
25    request, sent home to a parent (unless the district does  not
26    maintain  an Internet web site, in which case the report card
27    shall be sent home  to  parents  without  request).   If  the
28    district  posts the report card on its Internet web site, the
29    district shall send a written notice home to parents  stating
30    (i)  that  the report card is available on the web site, (ii)
31    the address of the web site, (iii) that a printed copy of the
32    report card will be sent to parents upon  request,  and  (iv)
33    the  telephone  number  that  parents  may  call to request a
34    printed copy of the report card.  In  addition,  each  school
 
                            -8-      LRB093 08206 NHT 08413 b
 1    district shall submit the completed report card to the office
 2    of  the  district's  Regional Superintendent which shall make
 3    copies available to any individuals requesting them.
 4        The report card shall be completed and disseminated prior
 5    to October 31 in each school year.   The  report  card  shall
 6    contain,   but   not  be  limited  to,  actual  local  school
 7    attendance  center,  school  district  and   statewide   data
 8    indicating  the  present performance of the school, the State
 9    norms and the areas for planned improvement  for  the  school
10    and school district.
11        (3) (a)  The  report  card  shall  include  the following
12    applicable indicators of  attendance  center,  district,  and
13    statewide   student  performance:  percent  of  students  who
14    exceed, meet, or do not meet  standards  established  by  the
15    State   Board  of  Education  pursuant  to  Section  2-3.25a;
16    composite and subtest means on nationally normed  achievement
17    tests  for  college bound students; student attendance rates;
18    chronic truancy rate;  dropout  rate;  graduation  rate;  and
19    student  mobility,  turnover  shown as a percent of transfers
20    out and a percent of transfers in.
21        (b)  The  report  card  shall   include   the   following
22    descriptions  for  the  school, district, and State:  average
23    class size; amount of time per day  devoted  to  mathematics,
24    science,  English  and  social science at primary, middle and
25    junior high school grade levels; number  of  students  taking
26    the  Prairie  State  Achievement Examination under subsection
27    (c) of Section 2-3.64,  the  number  of  those  students  who
28    received  a  score  of  excellent,  and  the average score by
29    school of  students  taking  the  examination;  pupil-teacher
30    ratio;  pupil-administrator  ratio; operating expenditure per
31    pupil; district expenditure by  fund;  average  administrator
32    salary;  and  average  teacher  salary. The report card shall
33    also specify the amount of money that the  district  receives
34    from  all sources, including without limitation subcategories
 
                            -9-      LRB093 08206 NHT 08413 b
 1    specifying the amount from local property taxes,  the  amount
 2    from  general State aid, the amount from other State funding,
 3    and the amount from other income.
 4        (c)  The report card shall include applicable  indicators
 5    of  parental  involvement  in  each  attendance  center.  The
 6    parental involvement  component  of  the  report  card  shall
 7    include the percentage of students whose parents or guardians
 8    have  had  one  or  more personal contacts with the students'
 9    teachers during the  school  year  concerning  the  students'
10    education,   and  such  other  information,  commentary,  and
11    suggestions as the school district desires.  For the purposes
12    of this paragraph, "personal contact" includes,  but  is  not
13    limited  to,  parent-teacher  conferences, parental visits to
14    school, school visits to home, telephone  conversations,  and
15    written  correspondence.   The parental involvement component
16    shall  not  single  out  or  identify  individual   students,
17    parents, or guardians by name.
18        (d)  The  report card form shall be prepared by the State
19    Board of Education and provided to school  districts  by  the
20    most efficient, economic, and appropriate means.
21    (Source: P.A.  92-604,  eff.  7-1-02;  92-631,  eff. 7-11-02;
22    revised 7-26-02.)

23        Section 90.  The State Mandates Act is amended by  adding
24    Section 8.27 as follows:

25        (30 ILCS 805/8.27 new)
26        Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
27    and 8 of this Act, no reimbursement by the State is  required
28    for  the  implementation  of  any  mandate  created  by  this
29    amendatory Act of the 93rd General Assembly.

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