Illinois General Assembly - Full Text of SB0630
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Full Text of SB0630  97th General Assembly



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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by renumbering and
5changing Section 34-18.37 as added by Public Act 96-803 and by
6adding the heading preceding Section 34-200 and Sections
734-200, 34-205, 34-210, 34-215, 34-220, 34-225, 34-230, and
834-235 as follows:
9    (105 ILCS 5/34-18.43)
10    Sec. 34-18.43 34-18.37. Establishing an equitable and
11effective 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
7decisions are made with the input of the community and reflect
8educationally sound and fiscally responsible criteria, a
9Chicago Educational Facilities Task Force shall be established
10within 15 days after the effective date of this amendatory Act
11of the 96th General Assembly.
12    (c) The Chicago Educational Facilities Task Force shall
13consist 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
16appointed House members as a co-chairperson of the Chicago
17Educational Facilities Task Force. The President of the Senate
18shall appoint one of the appointed Senate members as a
19co-chairperson of the Chicago Educational Facilities Task
20Force. Members appointed by the legislative leaders shall be
21appointed for the duration of the Chicago Educational
22Facilities Task Force; in the event of a vacancy, the
23appointment to fill the vacancy shall be made by the
24legislative leader of the same chamber and party as the leader
25who made the original appointment.
26    (e) The Chicago Educational Facilities Task Force shall



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1call on independent experts, as needed, to gather and analyze
2pertinent information on a pro bono basis, provided that these
3experts have no previous or on-going financial interest in
4school facility issues related to the school district. The
5Chicago Educational Facilities Task Force shall secure pro bono
6expert assistance within 15 days after the establishment of the
7Chicago Educational Facilities Task Force.
8    (f) The Chicago Educational Facilities Task Force shall be
9empowered to gather further evidence in the form of testimony
10or documents or other materials.
11    (g) The Chicago Educational Facilities Task Force, with the
12help of the independent experts, shall analyze past Chicago
13experiences and data with respect to school openings, school
14closings, school consolidations, school turnarounds, school
15phase-outs, school construction, school repairs, school
16modernizations, school boundary changes, and other related
17school facility decisions on students. The Chicago Educational
18Facilities Task Force shall consult widely with stakeholders,
19including public officials, about these facility issues and
20their related costs and shall examine relevant best practices
21from other school systems for dealing with these issues
22systematically and equitably. These initial investigations
23shall include opportunities for input from local stakeholders
24through hearings, focus groups, and interviews.
25    (h) The Chicago Educational Facilities Task Force shall
26prepare final recommendations on or before October 30, 2009



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1describing how the issues set forth in subsection (g) of this
2Section can be addressed effectively based upon educationally
3sound and fiscally responsible practices.
4    (i) The Chicago Educational Facilities Task Force shall
5hold hearings in separate areas of the school district at times
6that shall maximize school community participation to obtain
7comments on draft recommendations. The final hearing shall take
8place no later than 15 days prior to the completion of the
9final recommendations.
10    (j) The Chicago Educational Facilities Task Force shall
11prepare final proposed policy and legislative recommendations
12for the General Assembly, the Governor, and the school
13district. The recommendations may address issues, standards,
14and procedures set forth in this Section. The final
15recommendations shall be made available to the public through
16posting on the school district's Internet website and other
17forms of publication and distribution in the school district at
18least 7 days before the final recommendations are submitted to
19the General Assembly, the Governor, and the school district.
20    (k) The final recommendations may address issues of
21system-wide criteria for ensuring clear priorities, equity,
22and efficiency.
23    Without limitation, the final recommendations may propose
24significant decision-making roles for key stakeholders,
25including the individual school and community; recommend clear
26criteria or processes for establishing criteria for making



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1school facility decisions; and include clear criteria for
2setting priorities with respect to school openings, school
3closings, school consolidations, school turnarounds, school
4phase-outs, school construction, school repairs, school
5modernizations, school boundary changes, and other related
6school facility decisions, including the encouragement of
7multiple community uses for school space.
8    Without limitation, the final recommendations may propose
9criteria for student mobility; the transferring of students to
10lower performing schools; teacher mobility; insufficient
11notice to and the lack of inclusion in decision-making of local
12school councils, parents, and community members about school
13facility decisions; and costly facilities-related expenditures
14due to poor educational and facilities planning.
15    (l) The State Board of Education and the school district
16shall provide administrative support to the Chicago
17Educational Facilities Task Force.
18    (m) After recommendations have been issued, the Chicago
19Educational Facilities Task Force shall meet at least once
20annually, upon the call of the chairs, for the purpose of
21reviewing Chicago public schools' compliance with the
22provisions of Sections 34-200 through 34-235 of this Code
23concerning school action and facility master planning. The Task
24Force shall prepare a report to the General Assembly, the
25Governor's Office, the Mayor of the City of Chicago, and the
26Chicago Board of Education indicating how the district has met



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1the requirements of the provisions of Sections 34-200 through
234-235 of this Code concerning school action and facility
3master planning.
4(Source: P.A. 96-803, eff. 10-30-09.)
5    (105 ILCS 5/prec. Sec. 34-200 heading new)

7    (105 ILCS 5/34-200 new)
8    Sec. 34-200. Definitions. For the purposes of Sections
934-200 through 34-235 of this Article:
10    "Capital improvement plan" means a plan that identifies
11capital projects to be started or finished within the
12designated period, excluding projects funded by locally raised
13capital not exceeding $10,000.
14    "Community area" means a geographic area of the City of
15Chicago defined by the chief executive officer as part of the
16development of the educational facilities master plan.
17    "Space utilization" means the percentage achieved by
18dividing the school's actual enrollment by its design capacity.
19    "School closing" or "school closure" means the closing of a
20school, the effect of which is the assignment and transfer of
21all students enrolled at that school to one or more designated
22receiving schools.
23    "School consolidation" means the consolidation of 2 or more
24schools by closing one or more schools and reassigning the



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1students to another school.
2    "Phase-out" means the gradual cessation of enrollment in
3certain grades each school year until a school closes or is
4consolidated with another school.
5    "School action" means any school closing; school
6consolidation; co-location; boundary change that requires
7reassignment of students, unless the reassignment is to a new
8school with an attendance area boundary and is made to relieve
9overcrowding; 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
13utilization standards on the district's website. The standards
14shall 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
2shall publish a space utilization report for each school
3building operated by the district on the district's website by
4December 31 of each year.
5    (c) The facility performance standards provisions are as
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
6Article, the chief executive officer or his or her designee
7shall prepare a 10-year educational facility master plan every
85 years, with updates 2 1/2 years after the approval of the
9initial 10-year plan, with the first such educational facility
10master plan to be approved on or before July 1, 2013.
11    (b) The educational facility master plan shall provide
12community area level plans and individual school master plans
13with options for addressing the facility and space needs for
14each facility operated by the district over a 10-year period.
15    (c) The data, information, and analysis that shall inform
16the educational facility master plan shall be published on the
17district'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
18officer or his or her designee shall prepare and distribute for
19comment a preliminary draft of the Educational Facility Master
20Plan. The draft plan shall be distributed to the City of
21Chicago, the County of Cook, the Chicago Park District, the
22Chicago Housing Authority, the Chicago Transit Authority,
23attendance centers operated by the district, and charter
24schools operating within the district. Each attendance center
25shall make the draft plan available to the local school council
26or alternative advisory body and to the parents, guardians, and



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1staff of the school. The draft plan also shall be distributed
2to each State Senator and State Representative with a district
3in the City of Chicago, to the Mayor of the City of Chicago,
4and to each alderman of the City.
5    (e) The chief executive or his or her designee shall
6publish a procedure for conducting public hearings and
7submitting public comments on the draft plan.
8    (f) After consideration of public input on the draft plan,
9the chief executive officer or his or her designee shall
10prepare and publish a report describing the process used to
11incorporate public input in the development of the final plan
12to be recommended to the Board.
13    (g) The chief executive officer shall present the final
14plan and report to the Board for final consideration and
16    (h) The final approved Educational Facility Master Plan
17shall be published on the district's website.
18    (i) No later than January 1, 2016, and every 5 years
19thereafter, the chief executive officer or his or her designee
20shall prepare and submit for public comment a draft revised
21Educational Facility Master Plan following the procedures
22required for development of the original plan.
23    (j) This proposed revised plan shall reflect the progress
24achieved during the first 2 1/2 years of the Educational
25Facility 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
4process and one-year and 5-year capital improvement plans.
5    (b) By January 1, 2012, the chief executive officer or his
6or her designee shall establish a capital needs review process
7that includes a comprehensive bi-annual assessment of the
8capital needs at each facility owned, leased, or operated by
9the district. The review process shall include development of
10an assessment form to be used by attendance centers to provide
11a school-based capital, maintenance, utility, and repair needs
12assessment report and recommendations aligned with the
13educational program and goals of the attendance center.
14    (c) Beginning with fiscal year 2013 and for each year
15thereafter, the chief executive officer shall publish a
16proposed one-year capital improvement plan at least 60 days
17prior to the end of the prior fiscal year. The proposed
18one-year capital improvement plan shall be posted on the
19district's Internet website and shall be subject to public
20review and comment and at least 3 public hearings. The one-year
21capital improvement plan shall include the following
22information for all capital projects for which funds are to be
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
15proposed one-year capital improvement plan to the Board for
17    (e) The Board shall adopt a final one-year capital
18improvement plan no more than 45 days after adopting the annual
20    (f) Beginning with fiscal year 2013, the chief executive
21officer shall publish a proposed 5-year capital improvement
22plan with the proposed one-year capital improvement plan. The
235-year capital improvement plan shall include proposed capital
24improvements for the next 4 years and, to the extent
25practicable, the same information for each proposed project
26that is required for the one-year capital improvement plan.



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1    (g) The 5-year capital improvement plan shall be assessed
2annually. An annual report shall be published explaining the
3differences between projected capital projects in the 5-year
4capital improvement plan and the capital projects authorized in
5the proposed one-year capital improvement plan for the
6following fiscal year. The 5-year plan shall be published on
7the district's Internet website and distributed to all
9    (105 ILCS 5/34-220 new)
10    Sec. 34-220. Financial transparency.
11    (a) For fiscal year 2012, the chief executive officer shall
12provide the Board with an annual capital expenditure report
13within 90 days after the end of the fiscal year. The report
14shall be published on the district's Internet website.
15    (b) For fiscal year 2013 and thereafter, the chief
16executive officer shall provide the Board with an annual
17capital expenditure report within 90 days after the end of the
18fiscal year. The report shall be published on the district's
19Internet website. The annual capital expenditure report shall
20include 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
13shall be published on the district's Internet website by
14January 1, 2012, and shall be updated annually. For each
15property listed, the most recent facility standards review and
16any capital improvement projects that are pending or planned or
17have been completed in the 2-year period prior to publication
18shall be outlined.
19    (d) All lease agreements in which the Board is a lessor or
20lessee shall be published on the district's Internet website
21for the duration of the lease. Temporary facility use, right of
22entry, and other temporary license agreements not exceeding one
23year in duration are not subject to this requirement.
24    (e) The district shall publish on the district's Internet
25website a summary of the lease agreements in which the Board is
26a 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
11executive officer or his or her designee shall work
12collaboratively with local school educators and families of
13students attending a school that is the subject of a school
14action to ensure successful integration of affected students
15into new learning environments.
16    (b) The chief executive officer or his or her designee
17shall prepare and implement a school transition plan to support
18students attending a school that is the subject of a school
19action that accomplishes the goals of this Section. The chief
20executive must identify and commit specific resources for
21implementation of the school transition plan for a minimum of
22the full first academic year after the board approves a school
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
16shall prepare and publish guidelines for school actions. The
17guidelines shall outline the academic and non-academic
18criteria for a school action. These guidelines, and each
19subsequent revision, shall be subject to a public comment
20period of at least 21 days before their approval.
21    (b) The chief executive officer shall announce all proposed
22school actions to be taken at the close of the current academic
23year consistent with the guidelines by December 1 of each year.
24    (c) On or before December 1 of each year, the chief
25executive officer shall publish notice of the proposed school



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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
2summary of the proposed school actions and the date, time, and
3place of the hearings or meetings in a newspaper of general
5    (e) The chief executive officer shall designate at least 3
6opportunities to elicit public comment at a hearing or meeting
7on 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
14independent hearing officer chosen from a list of independent
15hearing officers. The general counsel shall compile and publish
16a list of independent hearing officers by November 1 of each
17school year. The independent hearing officer shall have the
18following 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
9of the chief executive officer. A summary of the public meeting
10shall be published on the district's Internet website within 5
11calendar days after the meeting.
12    (h) If the chief executive officer proposes a school action
13without following the mandates set forth in this Section, the
14proposed school action shall not be approved by the Board
15during 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
18through 34-235 of this Code prevents the district from taking
19emergency action to protect the health and safety of students
20and staff in an attendance center. In the event of an emergency
21that requires the district to close all or part of a school
22facility, including compliance with a directive of a duly
23authorized public safety agency, the chief executive officer or
24his or her designees are authorized to take all steps necessary
25to protect the safety of students and staff, including



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1relocation of the attendance center to another location or
2closing the attendance center. In such cases, the chief
3executive officer shall provide written notice of the basis for
4the emergency action within 3 days after declaring the
5emergency and shall publish the steps that have been taken or
6will be taken to address the emergency within 10 days after
7declaring the emergency. The notice shall be posted on the
8district's website and provided to the principal, the local
9school council, and the State Senator, the State
10Representative, and the alderman of the school that is the
11subject of the emergency action. The notice shall explain why
12the district could not comply with the provisions in Sections
1334-200 through 34-235 of this Code.
14    Section 97. Control over other Act. Senate Bill 620 of the
1597th General Assembly passed both houses on May 31, 2011. Thus,
16this amendatory Act of the 97th General Assembly (Senate Bill
17630) is the one last acted upon by the General Assembly. If
18Senate Bill 620 becomes law and this amendatory Act (Senate
19Bill 630) becomes law, then this amendatory Act (Senate Bill
20630) controls as provided in Section 6 of the Statute on
21Statutes (5 ILCS 70/6).
22    Section 99. Effective date. This Act takes effect upon
23becoming law.