Full Text of SB2194 93rd General Assembly
SB2194 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2194
Introduced 1/14/2004, by Kimberly A. Lightford SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/2-3.12 |
from Ch. 122, par. 2-3.12 |
105 ILCS 5/10-17a |
from Ch. 122, par. 10-17a |
30 ILCS 805/8.28 new |
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Amends the School Code. In the Section concerning the school building
code, provides that the State Board of Education shall require each
school district to prepare an indoor air quality policy.
Provides that a school district's report card assessing the performance of
its schools and students shall also include information on the quality of
school facilities in the district. Amends the State Mandates Act to
require implementation without reimbursement. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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SB2194 |
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| AN ACT regarding schools.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The School Code is amended by changing
Sections | 5 |
| 2-3.12 and 10-17a as follows:
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| (105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)
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| Sec. 2-3.12. School building code. To prepare for school | 8 |
| boards with the
advice of the Department of Public Health, the | 9 |
| Capital Development Board, and
the State Fire Marshal a school | 10 |
| building code that will conserve the health and
safety and | 11 |
| general welfare of the pupils and school personnel and others | 12 |
| who
use public school facilities.
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| The document known as "Efficient and Adequate Standards for | 14 |
| the Construction
of Schools" applies only to temporary school | 15 |
| facilities, new school buildings,
and additions to existing | 16 |
| schools whose construction contracts are awarded
after July 1, | 17 |
| 1965. On or before July 1, 1967, each school board shall have
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| its school district buildings that were constructed prior to | 19 |
| January 1, 1955,
surveyed by an architect or engineer licensed | 20 |
| in the State of Illinois as to
minimum standards necessary to | 21 |
| conserve the health and safety of the pupils
enrolled in the | 22 |
| school buildings of the district. Buildings constructed
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| between January 1, 1955 and July 1, 1965, not owned by the | 24 |
| State of Illinois,
shall be surveyed by an architect or | 25 |
| engineer licensed in the State of Illinois
beginning 10 years | 26 |
| after acceptance of the completed building by the school
board. | 27 |
| Buildings constructed between January 1, 1955 and July 1, 1955 | 28 |
| and
previously exempt under the provisions of Section 35-27 | 29 |
| shall be surveyed prior
to July 1, 1977 by an architect or | 30 |
| engineer licensed in the State of Illinois.
The architect or | 31 |
| engineer, using the document known as "Building Specifications
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| for Health and Safety in Public Schools" as a guide, shall make |
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| a report of the
findings of the survey to the school board, | 2 |
| giving priority in that report to
fire safety problems and | 3 |
| recommendations thereon if any such problems exist.
The school | 4 |
| board of each district so surveyed and receiving a
report of | 5 |
| needed recommendations to be made to improve standards of | 6 |
| safety
and health of the pupils enrolled has until July 1, | 7 |
| 1970, or in case of
buildings not owned by the State of | 8 |
| Illinois and completed between January
1, 1955 and July 1, 1965 | 9 |
| or in the case of buildings previously exempt under
the | 10 |
| provisions of Section 35-27 has a period of 3 years after the | 11 |
| survey is
commenced, to effectuate those recommendations, | 12 |
| giving first attention to the
recommendations in the survey | 13 |
| report having priority status, and is authorized
to levy the | 14 |
| tax provided for in Section 17-2.11, according to the | 15 |
| provisions of
that Section, to make such improvements. School | 16 |
| boards unable to effectuate
those recommendations prior to July | 17 |
| 1, 1970, on July 1, 1980 in the case of
buildings previously | 18 |
| exempt under the provisions of Section 35-27, may petition
the | 19 |
| State Superintendent of Education upon the recommendation of | 20 |
| the Regional
Superintendent for an extension of time. The | 21 |
| extension of time may be granted
by the State Superintendent of | 22 |
| Education for a period of one year, but may be
extended from | 23 |
| year to year provided substantial progress, in the opinion of | 24 |
| the
State Superintendent of Education, is being made toward | 25 |
| compliance.
However, for fire protection issues, only one | 26 |
| one-year extension may be
made, and no other provision of this | 27 |
| Code or an applicable code may
supersede this requirement.
For | 28 |
| routine inspections, fire officials shall
provide written | 29 |
| notice to the principal of the school to schedule
a mutually | 30 |
| agreed upon time for the fire safety check. However, no more | 31 |
| than
2 routine inspections may be made in a calendar year.
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| Within 2 years after the effective date of this amendatory | 33 |
| Act of 1983,
and every 10 years thereafter, or at such other | 34 |
| times as the State Board of
Education deems necessary or the | 35 |
| regional superintendent so orders, each school
board subject to | 36 |
| the provisions of this Section shall again survey its school
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| buildings and effectuate any recommendations in accordance | 2 |
| with the procedures
set forth herein. An architect or engineer | 3 |
| licensed in the State of Illinois is
required to conduct the | 4 |
| surveys under the provisions of this Section and shall
make a | 5 |
| report of the findings of the survey titled "safety survey | 6 |
| report" to
the school board. The school board shall approve the | 7 |
| safety survey report,
including any recommendations to | 8 |
| effectuate compliance with the code, and
submit it to the | 9 |
| Regional Superintendent. The Regional Superintendent shall
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| render a decision regarding approval or denial and submit the | 11 |
| safety survey
report to the State Superintendent of Education. | 12 |
| The State Superintendent of
Education shall approve or deny the | 13 |
| report including recommendations to
effectuate compliance with | 14 |
| the code and, if approved, issue a certificate of
approval. | 15 |
| Upon receipt of the certificate of approval, the Regional
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| Superintendent shall issue an order to effect any approved | 17 |
| recommendations
included in the report. Items in the report | 18 |
| shall be prioritized. Urgent
items shall be considered as those | 19 |
| items related to life safety problems that
present an immediate | 20 |
| hazard to the safety of students. Required items shall be
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| considered as those items that are necessary for a safe | 22 |
| environment but present
less of an immediate hazard to the | 23 |
| safety of students. Urgent and required
items shall reference a | 24 |
| specific rule in the code authorized by this Section
that is | 25 |
| currently being violated or will be violated within the next 12 | 26 |
| months
if the violation is not remedied. The school board of | 27 |
| each district so
surveyed and receiving a report of needed | 28 |
| recommendations to be made to
maintain standards of safety and | 29 |
| health of the pupils enrolled shall effectuate
the correction | 30 |
| of urgent items as soon as achievable to ensure the safety of
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| the students, but in no case more than one year after the date | 32 |
| of the State
Superintendent of Education's approval of the | 33 |
| recommendation.
Required items shall be corrected in a timely | 34 |
| manner, but in
no case more than 5 years from the date of the | 35 |
| State Superintendent
of
Education's approval of the | 36 |
| recommendation. Once each year the school
board shall submit a |
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| report of progress on completion of any
recommendations to | 2 |
| effectuate compliance with the code. For each year that the
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| school board does not effectuate any or all approved | 4 |
| recommendations, it shall
petition the Regional Superintendent | 5 |
| and the State Superintendent of Education
detailing what work | 6 |
| was completed in the previous year and a work plan for
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| completion of the remaining work. If in the judgement of the | 8 |
| Regional
Superintendent and the State Superintendent of | 9 |
| Education substantial progress
has been made and just cause has | 10 |
| been shown by the school board, the petition
for a one year | 11 |
| extension of time may be approved.
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| The State Board of Education shall require each school | 13 |
| district to
have an air quality policy. The policy may include | 14 |
| the following: | 15 |
| (1) a statement indicating that the school board is | 16 |
| concerned about air quality and the health, safety, and | 17 |
| comfort of employees and students; | 18 |
| (2) authorization of an indoor air quality coordinator | 19 |
| for each school or the district as a whole; | 20 |
| (3) guidance on appropriate steps for maintaining good | 21 |
| air quality; | 22 |
| (4) guidance on appropriate actions for correcting | 23 |
| indoor air quality problems; and | 24 |
| (5) reporting requirements.
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| As soon as practicable, but not later than 2 years after | 26 |
| the effective date
of this amendatory Act of 1992, the State | 27 |
| Board of Education shall combine
the document known as | 28 |
| "Efficient and Adequate Standards for the Construction of
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| Schools" with the document known as "Building Specifications | 30 |
| for Health and
Safety in Public Schools" together with any | 31 |
| modifications or additions that may
be deemed necessary. The | 32 |
| combined document shall be known as the "Health/Life
Safety | 33 |
| Code for Public Schools" and shall be the governing code for | 34 |
| all
facilities that house public school students or are | 35 |
| otherwise used for public
school purposes, whether such | 36 |
| facilities are permanent or temporary and
whether they are |
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| owned, leased, rented, or otherwise used by the district.
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| Facilities owned by a school district but that are not used to | 3 |
| house public
school students or are not used for public school | 4 |
| purposes shall be
governed by separate provisions within the | 5 |
| code authorized by this Section.
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| The 10 year survey cycle specified in this Section shall | 7 |
| continue to
apply based upon the standards contained in the | 8 |
| "Health/Life Safety Code
for Public Schools", which shall | 9 |
| specify building standards for buildings that
are constructed | 10 |
| prior to the effective date of this amendatory Act of 1992 and
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| for buildings that are constructed after that date.
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| The "Health/Life Safety Code for Public Schools" shall be | 13 |
| the governing code
for public schools; however, the provisions | 14 |
| of this Section shall not preclude
inspection of school | 15 |
| premises and buildings pursuant to Section 9 of the Fire
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| Investigation Act, provided that the provisions of the | 17 |
| "Health/Life Safety Code
for Public Schools", or such | 18 |
| predecessor document authorized by this Section as
may be | 19 |
| applicable are used, and provided that those inspections are | 20 |
| coordinated
with the Regional Superintendent having | 21 |
| jurisdiction over the public school
facility.
Nothing in this | 22 |
| Section shall be construed to prohibit a local fire
department, | 23 |
| fire protection district, or the Office of the State Fire | 24 |
| Marshal
from
conducting a fire safety check in a public school. | 25 |
| Upon being notified by a
fire official that corrective action | 26 |
| must be taken
to resolve a violation, the school board shall | 27 |
| take corrective action within
one year. However, violations | 28 |
| that present imminent danger must be
addressed immediately.
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| Any agency having jurisdiction beyond the scope of the | 30 |
| applicable
document authorized by this Section may issue a | 31 |
| lawful order to a school board
to effectuate recommendations, | 32 |
| and the school board receiving the order shall
certify to the | 33 |
| Regional Superintendent and the State Superintendent of
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| Education when it has complied with the order.
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| The State Board of Education is authorized to adopt any | 36 |
| rules that are
necessary relating to the administration and |
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| enforcement of the provisions of
this Section. The code | 2 |
| authorized by this Section shall apply only to those
school | 3 |
| districts having a population of less than 500,000 inhabitants.
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| (Source: P.A. 92-593, eff. 1-1-03.)
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| (105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
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| Sec. 10-17a. Better schools accountability.
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| (1) Policy and
Purpose. It shall be the policy of the State | 8 |
| of Illinois that each school
district in this State, including | 9 |
| special charter districts and districts
subject to the | 10 |
| provisions of Article 34, shall submit to parents, taxpayers
of | 11 |
| such district, the Governor, the General Assembly, and the | 12 |
| State
Board of Education a school report card assessing the | 13 |
| performance of its
schools and students. The report card shall | 14 |
| be an index of school
performance measured against statewide | 15 |
| and local standards and will provide
information to make prior | 16 |
| year comparisons and to set future year targets
through the | 17 |
| school improvement plan.
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| (2) Reporting Requirements. Each school district shall | 19 |
| prepare a report
card in accordance with the guidelines set | 20 |
| forth in this Section which
describes the performance of its | 21 |
| students by school attendance centers and
by district and the | 22 |
| district's financial resources and use of financial
resources.
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| The report card shall also include information on the quality | 24 |
| of school
facilities in the district.
Such report
card shall be | 25 |
| presented at a regular school board meeting subject to
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| applicable notice requirements,
posted on the
school | 27 |
| district's Internet web site, if the district maintains an | 28 |
| Internet web
site,
made available
to a newspaper of general | 29 |
| circulation serving the district, and, upon
request, sent
home | 30 |
| to a parent (unless the district does not maintain an Internet | 31 |
| web site,
in which case
the report card shall be sent home to | 32 |
| parents without request). If the
district posts the report card | 33 |
| on its Internet web
site, the district
shall send a
written | 34 |
| notice home to parents stating (i) that the report card is | 35 |
| available on
the web site,
(ii) the address of the web site, |
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| (iii) that a printed copy of the report card
will be sent to
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| parents upon request, and (iv) the telephone number that | 3 |
| parents may
call to
request a printed copy of the report card.
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| In addition, each school district shall submit the
completed | 5 |
| report card to the office of the district's Regional
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| Superintendent which shall make copies available to any | 7 |
| individuals
requesting them.
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| The report card shall be completed and disseminated prior | 9 |
| to October 31
in each school year. The report card shall | 10 |
| contain, but
not be limited to, actual local school attendance | 11 |
| center, school district
and statewide data indicating the | 12 |
| present performance of the school, the
State norms and the | 13 |
| areas for planned improvement for the school and school
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| district.
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| (3) (a) The report card shall include the following | 16 |
| applicable
indicators of attendance center, district, and | 17 |
| statewide student
performance: percent of students who exceed, | 18 |
| meet, or do not meet
standards established by the
State Board | 19 |
| of Education pursuant to Section 2-3.25a; composite and subtest
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| means on
nationally normed achievement tests for
college bound | 21 |
| students; student attendance rates; chronic
truancy rate; | 22 |
| dropout rate;
graduation rate;
and student
mobility, turnover
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| shown as a percent of transfers out and a percent of transfers | 24 |
| in.
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| (b) The report card shall include the following | 26 |
| descriptions for the
school,
district, and State: average
class | 27 |
| size; amount of time per day devoted to mathematics, science,
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| English and social science at primary,
middle and junior high | 29 |
| school grade levels;
number of students taking the Prairie | 30 |
| State Achievement Examination under
subsection (c) of
Section | 31 |
| 2-3.64, the number of those students who received a score of | 32 |
| excellent,
and
the average score by school of students taking | 33 |
| the examination;
pupil-teacher ratio; pupil-administrator | 34 |
| ratio;
operating expenditure per
pupil; district expenditure | 35 |
| by fund; average administrator salary; and average
teacher | 36 |
| salary.
The report card shall also specify the amount of money |
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| that the district
receives from all sources, including without | 2 |
| limitation subcategories
specifying the amount from local | 3 |
| property taxes, the amount from
general State aid, the amount | 4 |
| from other State funding, and the amount
from other income.
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| (c) The report card shall include applicable indicators of | 6 |
| parental
involvement in each attendance center. The parental | 7 |
| involvement component
of the report card shall include the | 8 |
| percentage of students whose parents
or guardians have had one | 9 |
| or more personal contacts with the students'
teachers during | 10 |
| the school year concerning the students' education, and such
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| other information, commentary, and suggestions as the school | 12 |
| district
desires. For the purposes of this paragraph, "personal | 13 |
| contact" includes,
but is not limited to, parent-teacher | 14 |
| conferences, parental visits to
school, school visits to home, | 15 |
| telephone conversations, and written
correspondence. The | 16 |
| parental involvement component shall not single out or
identify | 17 |
| individual students, parents, or guardians by name.
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| (d) The report card form shall be prepared by the State | 19 |
| Board of
Education and provided to school districts by the most | 20 |
| efficient, economic,
and appropriate means.
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| (Source: P.A. 92-604, eff. 7-1-02; 92-631, eff. 7-11-02; | 22 |
| revised 7-26-02.)
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| Section 90. The State Mandates Act is amended by adding | 24 |
| Section 8.28 as
follows:
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| (30 ILCS 805/8.28 new)
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| Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and | 27 |
| 8 of this
Act, no reimbursement by the State is required for | 28 |
| the implementation of
any mandate created by this amendatory | 29 |
| Act of the 93rd General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 31 |
| becoming law. |
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