Full Text of HB5416 94th General Assembly
HB5416enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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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 |
| 2-3.137 (added by Public Act 94-225) and 3-14.21 as follows: | 6 |
| (105 ILCS 5/2-3.137)
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| Sec. 2-3.137. Inspection and review of school facilities; | 8 |
| task force.
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| (a) The State Board of Education shall adopt rules for the
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| documentation of school plan reviews and inspections of school | 11 |
| facilities,
including
the responsible individual's signature. | 12 |
| Such documents shall be kept on file
by the
regional
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| superintendent of schools. The State Board of Education shall | 14 |
| also adopt rules for the qualifications of persons performing | 15 |
| the reviews and inspections, which must be consistent with the | 16 |
| recommendations in the task force's report issued to the | 17 |
| Governor and the General Assembly under subsection (b) of this | 18 |
| Section. Those qualifications shall include requirements for | 19 |
| training, education, and at least 2 years of relevant | 20 |
| experience.
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| (b) The State Board of Education shall convene a task force | 22 |
| for the
purpose of reviewing the documents required under rules | 23 |
| adopted under
subsection (a) of this
Section and making | 24 |
| recommendations regarding training and
accreditation
of | 25 |
| individuals performing reviews or inspections required under | 26 |
| Section
2-3.12,
3-14.20, 3-14.21, or 3-14.22 of this Code, | 27 |
| including regional
superintendents of schools and others | 28 |
| performing reviews or inspections
under the authority of a | 29 |
| regional superintendent (such as consultants,
municipalities, | 30 |
| and fire protection districts).
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| The task force shall consist of
all of the following | 32 |
| members:
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| (1) The Executive Director of the Capital Development | 2 |
| Board
or his or her designee and a staff representative of | 3 |
| the Division of Building Codes and Regulations.
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| (2) The State Superintendent of Education or his or her
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| designee.
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| (3) A person appointed
by the State Board of Education.
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| (4) A person appointed by an organization representing | 8 |
| school
administrators.
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| (5) A person appointed by
an organization representing | 10 |
| suburban school administrators and school board
members.
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| (6) A person appointed by an organization representing | 12 |
| architects.
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| (7) A person appointed by an organization representing | 14 |
| regional
superintendents of schools.
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| (8) A person appointed by an organization representing | 16 |
| fire inspectors.
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| (9) A person appointed by an organization representing | 18 |
| Code
administrators.
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| (10) A person appointed by an organization | 20 |
| representing plumbing
inspectors.
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| (11) A person appointed by an organization that | 22 |
| represents both parents
and teachers.
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| (12) A person appointed by an organization | 24 |
| representing municipal
governments in the State.
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| (13) A person appointed by the State Fire Marshal from | 26 |
| his or her office.
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| (14) A person appointed by an organization | 28 |
| representing fire chiefs.
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| (15) The Director of Public Health or his or her | 30 |
| designee.
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| (16) A person appointed by an organization | 32 |
| representing structural engineers.
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| (17) A person appointed by an organization | 34 |
| representing professional engineers.
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| The task force shall issue a report of its findings to the | 36 |
| Governor and the
General Assembly no later than January 1, |
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| 2006.
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| (Source: P.A. 94-225, eff. 7-14-05.)
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| (105 ILCS 5/3-14.21) (from Ch. 122, par. 3-14.21)
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| Sec. 3-14.21. Inspection of schools.
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| (a) The regional superintendent shall inspect and survey | 6 |
| all
public
schools under his or her supervision and notify the | 7 |
| board of education, or the
trustees of schools in a district | 8 |
| with trustees, in writing before July 30,
whether or not the | 9 |
| several schools in their district have been kept as required
by | 10 |
| law, using forms provided by the State Board of Education which | 11 |
| are based on
the Health/Life Safety Code for Public Schools | 12 |
| adopted under Section 2-3.12. The regional
superintendent | 13 |
| shall report his or her findings to the State Board of
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| Education on
forms provided by the State Board of Education.
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| (b) If the regional superintendent determines that a school | 16 |
| board has
failed in a timely manner to correct urgent items | 17 |
| identified in a previous
life-safety report completed under | 18 |
| Section 2-3.12 or as otherwise previously
ordered by the | 19 |
| regional superintendent, the regional superintendent shall | 20 |
| order
the school board to adopt and submit to the regional | 21 |
| superintendent a plan for
the immediate correction of the | 22 |
| building violations. This plan shall be
adopted following a | 23 |
| public hearing that is conducted by the school board on the
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| violations and the plan and that is preceded by at least 7 | 25 |
| days' prior notice
of the hearing published in
a newspaper of | 26 |
| general circulation within the school district. If the regional
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| superintendent determines in the next annual inspection that | 28 |
| the plan has not
been completed and that the violations have | 29 |
| not been corrected, the regional
superintendent shall submit a | 30 |
| report to the State Board of Education with a
recommendation | 31 |
| that the State Board withhold from payments of general State | 32 |
| aid
due to the district an amount necessary to correct the | 33 |
| outstanding violations.
The State Board, upon notice to the | 34 |
| school board
and to the regional superintendent, shall consider | 35 |
| the report at a meeting of
the State Board, and may order that |
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| a sufficient amount of general State aid be
withheld from | 2 |
| payments due to the district to correct the violations. This
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| amount shall be paid to the regional superintendent who shall | 4 |
| contract on
behalf of the school board for the correction of | 5 |
| the outstanding violations.
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| (c) The Office of the State Fire Marshal or a qualified | 7 |
| fire official, as defined in Section 2-3.12 of this Code, to | 8 |
| whom the State Fire Marshal has delegated his or her authority | 9 |
| shall conduct an annual fire safety inspection of each school | 10 |
| building in this State. The State Fire Marshal or the fire | 11 |
| official shall coordinate its inspections with the regional | 12 |
| superintendent. The inspection shall be based on the fire | 13 |
| safety code authorized in Section 2-3.12 of this Code. Any | 14 |
| violations shall be reported in writing to the regional | 15 |
| superintendent and school board and shall reference the | 16 |
| specific code sections where a discrepancy has been identified | 17 |
| within 15 days after the inspection has been conducted. The | 18 |
| regional superintendent shall address those violations that | 19 |
| are not corrected in a timely manner pursuant to subsection (b) | 20 |
| of this Section. The inspection must be at no cost to the | 21 |
| school district.
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| (d) If a municipality or, in the case of an unincorporated | 23 |
| area, a county or, if applicable, a fire protection district | 24 |
| wishes to perform new construction inspections under the | 25 |
| jurisdiction of a regional superintendent, then the entity must | 26 |
| register this wish with the regional superintendent. These | 27 |
| inspections must be based on the building code authorized in | 28 |
| Section 2-3.12 of this Code. The inspections must be at no cost | 29 |
| to the school district.
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| (Source: P.A. 94-225, eff. 7-14-05.)
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