Rep. Barbara Flynn Currie

Filed: 6/21/2011





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2    AMENDMENT NO. ______. Amend Senate Bill 630, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The School Code is amended by renumbering and
6changing Section 34-18.37 as added by Public Act 96-803 and by
7adding the heading preceding Section 34-200 and Sections
834-200, 34-205, 34-210, 34-215, 34-220, 34-225, 34-230, and
934-235 as follows:
10    (105 ILCS 5/34-18.43)
11    Sec. 34-18.43 34-18.37. Establishing an equitable and
12effective school facility development process.
13    (a) The General Assembly finds all of the following:
14        (1) The Illinois Constitution recognizes that a
15    "fundamental goal of the People of the State is the
16    educational development of all persons to the limits of



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1    their capacities".
2        (2) Quality educational facilities are essential for
3    fostering the maximum educational development of all
4    persons through their educational experience from
5    pre-kindergarten through high school.
6        (3) The public school is a major institution in our
7    communities. Public schools offer resources and
8    opportunities for the children of this State who seek and
9    deserve quality education, but also benefit the entire
10    community that seeks improvement through access to
11    education.
12        (4) The equitable and efficient use of available
13    facilities-related resources among different schools and
14    among racial, ethnic, income, and disability groups is
15    essential to maximize the development of quality public
16    educational facilities for all children, youth, and
17    adults. The factors that impact the equitable and efficient
18    use of facility-related resources vary according to the
19    needs of each school community. Therefore, decisions that
20    impact school facilities should include the input of the
21    school community to the greatest extent possible.
22        (5) School openings, school closings, school
23    consolidations, school turnarounds, school phase-outs,
24    school construction, school repairs, school
25    modernizations, school boundary changes, and other related
26    school facility decisions often have a profound impact on



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1    education in a community. In order to minimize the negative
2    impact of school facility decisions on the community, these
3    decisions should be implemented according to a clear
4    system-wide criteria and with the significant involvement
5    of local school councils, parents, educators, and the
6    community in decision-making.
7        (6) The General Assembly has previously stated that it
8    intended to make the individual school in the City of
9    Chicago the essential unit for educational governance and
10    improvement and to place the primary responsibility for
11    school governance and improvement in the hands of parents,
12    teachers, and community residents at each school. A school
13    facility policy must be consistent with these principles.
14    (b) In order to ensure that school facility-related
15decisions are made with the input of the community and reflect
16educationally sound and fiscally responsible criteria, a
17Chicago Educational Facilities Task Force shall be established
18within 15 days after the effective date of this amendatory Act
19of the 96th General Assembly.
20    (c) The Chicago Educational Facilities Task Force shall
21consist of all of the following members:
22        (1) Two members of the House of Representatives
23    appointed by the Speaker of the House, at least one of whom
24    shall be a member of the Elementary & Secondary Education
25    Committee.
26        (2) Two members of the House of Representatives



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1    appointed by the Minority Leader of the House, at least one
2    of whom shall be a member of the Elementary & Secondary
3    Education Committee.
4        (3) Two members of the Senate appointed by the
5    President of the Senate, at least one of whom shall be a
6    member of the Education Committee.
7        (4) Two members of the Senate appointed by the Minority
8    Leader of the Senate, at least one of whom shall be a
9    member of the Education Committee.
10        (5) Two representatives of school community
11    organizations with past involvement in school facility
12    issues appointed by the Speaker of the House.
13        (6) Two representatives of school community
14    organizations with past involvement in school facility
15    issues appointed by the President of the Senate.
16        (7) The chief executive officer of the school district
17    or his or her designee.
18        (8) The president of the union representing teachers in
19    the schools of the district or his or her designee.
20        (9) The president of the association representing
21    principals in the schools of the district or his or her
22    designee.
23    (d) The Speaker of the House shall appoint one of the
24appointed House members as a co-chairperson of the Chicago
25Educational Facilities Task Force. The President of the Senate
26shall appoint one of the appointed Senate members as a



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1co-chairperson of the Chicago Educational Facilities Task
2Force. Members appointed by the legislative leaders shall be
3appointed for the duration of the Chicago Educational
4Facilities Task Force; in the event of a vacancy, the
5appointment to fill the vacancy shall be made by the
6legislative leader of the same chamber and party as the leader
7who made the original appointment.
8    (e) The Chicago Educational Facilities Task Force shall
9call on independent experts, as needed, to gather and analyze
10pertinent information on a pro bono basis, provided that these
11experts have no previous or on-going financial interest in
12school facility issues related to the school district. The
13Chicago Educational Facilities Task Force shall secure pro bono
14expert assistance within 15 days after the establishment of the
15Chicago Educational Facilities Task Force.
16    (f) The Chicago Educational Facilities Task Force shall be
17empowered to gather further evidence in the form of testimony
18or documents or other materials.
19    (g) The Chicago Educational Facilities Task Force, with the
20help of the independent experts, shall analyze past Chicago
21experiences and data with respect to school openings, school
22closings, school consolidations, school turnarounds, school
23phase-outs, school construction, school repairs, school
24modernizations, school boundary changes, and other related
25school facility decisions on students. The Chicago Educational
26Facilities Task Force shall consult widely with stakeholders,



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1including public officials, about these facility issues and
2their related costs and shall examine relevant best practices
3from other school systems for dealing with these issues
4systematically and equitably. These initial investigations
5shall include opportunities for input from local stakeholders
6through hearings, focus groups, and interviews.
7    (h) The Chicago Educational Facilities Task Force shall
8prepare final recommendations on or before October 30, 2009
9describing how the issues set forth in subsection (g) of this
10Section can be addressed effectively based upon educationally
11sound and fiscally responsible practices.
12    (i) The Chicago Educational Facilities Task Force shall
13hold hearings in separate areas of the school district at times
14that shall maximize school community participation to obtain
15comments on draft recommendations. The final hearing shall take
16place no later than 15 days prior to the completion of the
17final recommendations.
18    (j) The Chicago Educational Facilities Task Force shall
19prepare final proposed policy and legislative recommendations
20for the General Assembly, the Governor, and the school
21district. The recommendations may address issues, standards,
22and procedures set forth in this Section. The final
23recommendations shall be made available to the public through
24posting on the school district's Internet website and other
25forms of publication and distribution in the school district at
26least 7 days before the final recommendations are submitted to



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1the General Assembly, the Governor, and the school district.
2    (k) The final recommendations may address issues of
3system-wide criteria for ensuring clear priorities, equity,
4and efficiency.
5    Without limitation, the final recommendations may propose
6significant decision-making roles for key stakeholders,
7including the individual school and community; recommend clear
8criteria or processes for establishing criteria for making
9school facility decisions; and include clear criteria for
10setting priorities with respect to school openings, school
11closings, school consolidations, school turnarounds, school
12phase-outs, school construction, school repairs, school
13modernizations, school boundary changes, and other related
14school facility decisions, including the encouragement of
15multiple community uses for school space.
16    Without limitation, the final recommendations may propose
17criteria for student mobility; the transferring of students to
18lower performing schools; teacher mobility; insufficient
19notice to and the lack of inclusion in decision-making of local
20school councils, parents, and community members about school
21facility decisions; and costly facilities-related expenditures
22due to poor educational and facilities planning.
23    (l) The State Board of Education and the school district
24shall provide administrative support to the Chicago
25Educational Facilities Task Force.
26    (m) After recommendations have been issued, the Chicago



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1Educational Facilities Task Force shall meet at least once
2annually, upon the call of the chairs, for the purpose of
3reviewing Chicago public schools' compliance with the
4provisions of Sections 34-200 through 34-235 of this Code
5concerning school action and facility master planning. The Task
6Force shall prepare a report to the General Assembly, the
7Governor's Office, the Mayor of the City of Chicago, and the
8Chicago Board of Education indicating how the district has met
9the requirements of the provisions of Sections 34-200 through
1034-235 of this Code concerning school action and facility
11master planning.
12(Source: P.A. 96-803, eff. 10-30-09.)
13    (105 ILCS 5/prec. Sec. 34-200 heading new)

15    (105 ILCS 5/34-200 new)
16    Sec. 34-200. Definitions. For the purposes of Sections
1734-200 through 34-235 of this Article:
18    "Capital improvement plan" means a plan that identifies
19capital projects to be started or finished within the
20designated period, excluding projects funded by locally raised
21capital not exceeding $10,000.
22    "Community area" means a geographic area of the City of
23Chicago defined by the chief executive officer as part of the
24development of the educational facilities master plan.



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1    "Space utilization" means the percentage achieved by
2dividing the school's actual enrollment by its design capacity.
3    "School closing" or "school closure" means the closing of a
4school, the effect of which is the assignment and transfer of
5all students enrolled at that school to one or more designated
6receiving schools.
7    "School consolidation" means the consolidation of 2 or more
8schools by closing one or more schools and reassigning the
9students to another school.
10    "Phase-out" means the gradual cessation of enrollment in
11certain grades each school year until a school closes or is
12consolidated with another school.
13    "School action" means any school closing; school
14consolidation; co-location; boundary change that requires
15reassignment of students, unless the reassignment is to a new
16school with an attendance area boundary and is made to relieve
17overcrowding; or phase-out.
18    (105 ILCS 5/34-205 new)
19    Sec. 34-205. Educational facility standards.
20    (a) By January 1, 2012, the district shall publish space
21utilization standards on the district's website. The standards
22shall include the following:
23        (1) the method by which design capacity is calculated,
24    including consideration of the requirements of elementary
25    and secondary programs, shared campuses, after school



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1    programming, the facility needs, grade and age ranges of
2    the attending students, and use of school buildings by
3    governmental agencies and community organizations;
4        (2) the method to determine efficient use of a school
5    building based upon educational program design capacity;
6        (3) the rate of utilization; and
7        (4) the standards for overcrowding and
8    underutilization.
9    (b) The chief executive officer or his or her designee
10shall publish a space utilization report for each school
11building operated by the district on the district's website by
12December 31 of each year.
13    (c) The facility performance standards provisions are as
15        (1) On or before January 1, 2012, the chief executive
16    officer shall propose minimum and optimal facility
17    performance standards for thermal comfort, daylight,
18    acoustics, indoor air quality, furniture ergonomics for
19    students and staff, technology, life safety, ADA
20    accessibility, plumbing and washroom access, environmental
21    hazards, and walkability.
22        (2) The chief executive officer shall conduct at least
23    one public hearing and submit the proposed educational
24    facilities standards to each local school council and to
25    the Chicago Public Building Commission for review and
26    comment prior to adoption.



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1        (3) After the chief executive officer has incorporated
2    the input and recommendations of the public and the Chicago
3    Public Building Commission, the chief executive officer
4    shall issue final facility performance standards.
5        (4) The chief executive officer is authorized to amend
6    the facility performance standards following the
7    procedures in this Section.
8        (5) The final educational facility space utilization
9    and performance standards shall be published on the
10    district's Internet website.
11    (105 ILCS 5/34-210 new)
12    Sec. 34-210. The Educational Facility Master Plan.
13    (a) In accordance with the schedule set forth in this
14Article, the chief executive officer or his or her designee
15shall prepare a 10-year educational facility master plan every
165 years, with updates 2 1/2 years after the approval of the
17initial 10-year plan, with the first such educational facility
18master plan to be approved on or before July 1, 2013.
19    (b) The educational facility master plan shall provide
20community area level plans and individual school master plans
21with options for addressing the facility and space needs for
22each facility operated by the district over a 10-year period.
23    (c) The data, information, and analysis that shall inform
24the educational facility master plan shall be published on the
25district's Internet website and shall include the following:



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1        (1) a description of the district's guiding
2    educational goals and standards;
3        (2) a brief description of the types of instructional
4    programs and services delivered in each school;
5        (3) a description of the process, procedure, and
6    timeline for community participation in the development of
7    the plan;
8        (4) the enrollment capacity of each school and its rate
9    of utilization;
10        (5) a report on the assessment of individual building
11    and site conditions;
12        (6) a data table with historical and projected
13    enrollment data by school by grade;
14        (7) community analysis, including a study of current
15    and projected demographics, land usage, transportation
16    plans, residential housing and commercial development,
17    private schools, plans for water and sewage service
18    expansion or redevelopment, and institutions of higher
19    education;
20        (8) an analysis of the facility needs and requirements
21    of the district; and
22        (9) identification of potential sources of funding for
23    the implementation of the Educational Facility Master
24    Plan.
25    (d) On or before January 1, 2013, the chief executive
26officer or his or her designee shall prepare and distribute for



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1comment a preliminary draft of the Educational Facility Master
2Plan. The draft plan shall be distributed to the City of
3Chicago, the County of Cook, the Chicago Park District, the
4Chicago Housing Authority, the Chicago Transit Authority,
5attendance centers operated by the district, and charter
6schools operating within the district. Each attendance center
7shall make the draft plan available to the local school council
8or alternative advisory body and to the parents, guardians, and
9staff of the school. The draft plan also shall be distributed
10to each State Senator and State Representative with a district
11in the City of Chicago, to the Mayor of the City of Chicago,
12and to each alderman of the City.
13    (e) The chief executive or his or her designee shall
14publish a procedure for conducting public hearings and
15submitting public comments on the draft plan.
16    (f) After consideration of public input on the draft plan,
17the chief executive officer or his or her designee shall
18prepare and publish a report describing the process used to
19incorporate public input in the development of the final plan
20to be recommended to the Board.
21    (g) The chief executive officer shall present the final
22plan and report to the Board for final consideration and
24    (h) The final approved Educational Facility Master Plan
25shall be published on the district's website.
26    (i) No later than January 1, 2016, and every 5 years



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1thereafter, the chief executive officer or his or her designee
2shall prepare and submit for public comment a draft revised
3Educational Facility Master Plan following the procedures
4required for development of the original plan.
5    (j) This proposed revised plan shall reflect the progress
6achieved during the first 2 1/2 years of the Educational
7Facility Master Plan.
8    (105 ILCS 5/34-215 new)
9    Sec. 34-215. Capital improvement plans.
10    (a) The district shall develop a capital needs review
11process and one-year and 5-year capital improvement plans.
12    (b) By January 1, 2012, the chief executive officer or his
13or her designee shall establish a capital needs review process
14that includes a comprehensive bi-annual assessment of the
15capital needs at each facility owned, leased, or operated by
16the district. The review process shall include development of
17an assessment form to be used by attendance centers to provide
18a school-based capital, maintenance, utility, and repair needs
19assessment report and recommendations aligned with the
20educational program and goals of the attendance center.
21    (c) Beginning with fiscal year 2013 and for each year
22thereafter, the chief executive officer shall publish a
23proposed one-year capital improvement plan at least 60 days
24prior to the end of the prior fiscal year. The proposed
25one-year capital improvement plan shall be posted on the



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1district's Internet website and shall be subject to public
2review and comment and at least 3 public hearings. The one-year
3capital improvement plan shall include the following
4information for all capital projects for which funds are to be
6        (1) description of the scope of the project;
7        (2) justification for the project;
8        (3) status of the project, including, if appropriate,
9    percentage funded, percentage complete, and approved start
10    and end dates;
11        (4) original approved cost and current approved cost
12    for each project;
13        (5) the impact of the project on the district's
14    operating budget;
15        (6) the name of each school and facility affected by a
16    project;
17        (7) all funding sources for the project;
18        (8) any relationship of the project to the needs
19    assessment submitted by the attendance center; and
20        (9) any relationship to the district's 10-year
21    Educational Facilities Master Plan.
22    (d) The chief executive officer shall present a final
23proposed one-year capital improvement plan to the Board for
25    (e) The Board shall adopt a final one-year capital
26improvement plan no more than 45 days after adopting the annual



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2    (f) Beginning with fiscal year 2013, the chief executive
3officer shall publish a proposed 5-year capital improvement
4plan with the proposed one-year capital improvement plan. The
55-year capital improvement plan shall include proposed capital
6improvements for the next 4 years and, to the extent
7practicable, the same information for each proposed project
8that is required for the one-year capital improvement plan.
9    (g) The 5-year capital improvement plan shall be assessed
10annually. An annual report shall be published explaining the
11differences between projected capital projects in the 5-year
12capital improvement plan and the capital projects authorized in
13the proposed one-year capital improvement plan for the
14following fiscal year. The 5-year plan shall be published on
15the district's Internet website and distributed to all
17    (105 ILCS 5/34-220 new)
18    Sec. 34-220. Financial transparency.
19    (a) For fiscal year 2012, the chief executive officer shall
20provide the Board with an annual capital expenditure report
21within 90 days after the end of the fiscal year. The report
22shall be published on the district's Internet website.
23    (b) For fiscal year 2013 and thereafter, the chief
24executive officer shall provide the Board with an annual
25capital expenditure report within 90 days after the end of the



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1fiscal year. The report shall be published on the district's
2Internet website. The annual capital expenditure report shall
3include the following:
4        (1) expenditures on all facilities in which students
5    enrolled in the district receive instruction for all
6    capital projects on which funds were expended in that
7    fiscal year, even if the project was not initiated or
8    completed in the fiscal year;
9        (2) identification of capital projects that aligned
10    with the school-based facility needs assessment and
11    recommendations of school principals or were the result of
12    other public input;
13        (3) the levels of appropriation actually provided to
14    the district for capital projects in the fiscal year by the
15    city, the State, and the federal government, with a
16    comparison of the level of such funding against funding
17    levels for the prior 5 years; and
18        (4) a summary comparison of annual capital expenses and
19    the corresponding one-year capital improvement plan.
20    (c) A list of all property owned by or leased to the Board
21shall be published on the district's Internet website by
22January 1, 2012, and shall be updated annually. For each
23property listed, the most recent facility standards review and
24any capital improvement projects that are pending or planned or
25have been completed in the 2-year period prior to publication
26shall be outlined.



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1    (d) All lease agreements in which the Board is a lessor or
2lessee shall be published on the district's Internet website
3for the duration of the lease. Temporary facility use, right of
4entry, and other temporary license agreements not exceeding one
5year in duration are not subject to this requirement.
6    (e) The district shall publish on the district's Internet
7website a summary of the lease agreements in which the Board is
8a lessor or lessee, including the following:
9        (1) a description of the leasehold;
10        (2) the full legal name of the parties to the
11    agreement;
12        (3) the term of the agreement;
13        (4) the rent amount; and
14        (5) the party responsible for maintenance, capital
15    improvements, utilities, and other expenses.
16    (105 ILCS 5/34-225 new)
17    Sec. 34-225. School transition plans.
18    (a) If the Board approves a school action, the chief
19executive officer or his or her designee shall work
20collaboratively with local school educators and families of
21students attending a school that is the subject of a school
22action to ensure successful integration of affected students
23into new learning environments.
24    (b) The chief executive officer or his or her designee
25shall prepare and implement a school transition plan to support



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1students attending a school that is the subject of a school
2action that accomplishes the goals of this Section. The chief
3executive must identify and commit specific resources for
4implementation of the school transition plan for a minimum of
5the full first academic year after the board approves a school
7    (c) The school transition plan shall include the following:
8        (1) services to support the academic, social, and
9    emotional needs of students; supports for students with
10    disabilities, homeless students, and English language
11    learners; and support to address security and safety
12    issues;
13        (2) options to enroll in higher performing schools;
14        (3) informational briefings regarding the choice of
15    schools that include all pertinent information to enable
16    the parent or guardian and child to make an informed
17    choice, including the option to visit the schools of choice
18    prior to making a decision; and
19        (4) the provision of appropriate transportation where
20    practicable.
21    (105 ILCS 5/34-230 new)
22    Sec. 34-230. School action public meetings and hearings.
23    (a) By November 1 of each year, the chief executive officer
24shall prepare and publish guidelines for school actions. The
25guidelines shall outline the academic and non-academic



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1criteria for a school action. These guidelines, and each
2subsequent revision, shall be subject to a public comment
3period of at least 21 days before their approval.
4    (b) The chief executive officer shall announce all proposed
5school actions to be taken at the close of the current academic
6year consistent with the guidelines, by December 1 of each
8    (c) On or before December 1 of each year, the chief
9executive officer shall publish notice of the proposed school
11        (1) Notice of the proposal for a school action shall
12    include a written statement of the basis for the school
13    action, an explanation of how the school action meets the
14    criteria set forth in the guidelines, and a draft School
15    Transition Plan identifying the items required in Section
16    34-225 of this Code for all schools affected by the school
17    action. The notice shall state the date, time, and place of
18    the hearing or meeting.
19        (2) The chief executive officer or his or her designee
20    shall provide notice to the principal, staff, local school
21    council, and parents or guardians of any school that is
22    subject to the proposed school action.
23        (3) The chief executive officer shall provide written
24    notice of any proposed school action to the State Senator,
25    State Representative, and alderman for the school or
26    schools that are subject to the proposed school action.



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1        (4) The chief executive officer shall publish notice of
2    proposed school actions on the district's Internet
3    website.
4        (5) The chief executive officer shall provide notice of
5    proposed school actions at least 30 calendar days in
6    advance of a public hearing or meeting. No Board decision
7    regarding a proposed school action may take place less than
8    60 days after the announcement of the proposed school
9    action.
10    (d) The chief executive officer shall publish a brief
11summary of the proposed school actions and the date, time, and
12place of the hearings or meetings in a newspaper of general
14    (e) The chief executive officer shall designate at least 3
15opportunities to elicit public comment at a hearing or meeting
16on a proposed school action and shall do the following:
17        (1) Convene at least one public hearing at the
18    centrally located office of the Board.
19        (2) Convene at least 2 additional public hearings or
20    meetings at a location convenient to the school community
21    subject to the proposed school action.
22    (f) Public hearings shall be conducted by a qualified
23independent hearing officer chosen from a list of independent
24hearing officers. The general counsel shall compile and publish
25a list of independent hearing officers by November 1 of each
26school year. The independent hearing officer shall have the



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1following qualifications:
2        (1) he or she must be a licensed attorney eligible to
3    practice law in Illinois;
4        (2) he or she must not be an employee of the Board; and
5        (3) he or she must not have represented the Board, its
6    employees or any labor organization representing its
7    employees, any local school council, or any charter or
8    contract school in any capacity within the last year.
9        (4) The independent hearing officer shall issue a
10    written report that summarizes the hearing and determines
11    whether the chief executive officer complied with the
12    requirements of this Section and the guidelines.
13        (5) The chief executive officer shall publish the
14    report on the district's Internet website within 5 calendar
15    days after receiving the report and at least 15 days prior
16    to any Board action being taken.
17    (g) Public meetings shall be conducted by a representative
18of the chief executive officer. A summary of the public meeting
19shall be published on the district's Internet website within 5
20calendar days after the meeting.
21    (h) If the chief executive officer proposes a school action
22without following the mandates set forth in this Section, the
23proposed school action shall not be approved by the Board
24during the school year in which the school action was proposed.
25    (105 ILCS 5/34-235 new)



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1    Sec. 34-235. Emergencies. Nothing in Sections 34-200
2through 34-235 of this Code prevents the district from taking
3emergency action to protect the health and safety of students
4and staff in an attendance center. In the event of an emergency
5that requires the district to close all or part of a school
6facility, including compliance with a directive of a duly
7authorized public safety agency, the chief executive officer or
8his or her designees are authorized to take all steps necessary
9to protect the safety of students and staff, including
10relocation of the attendance center to another location or
11closing the attendance center. In such cases, the chief
12executive officer shall provide written notice of the basis for
13the emergency action within 3 days after declaring the
14emergency and shall publish the steps that have been taken or
15will be taken to address the emergency within 10 days after
16declaring the emergency. The notice shall be posted on the
17district's website and provided to the principal, the local
18school council, and the State Senator, the State
19Representative, and the Alderman of the school that is the
20subject of the emergency action. The notice shall explain why
21the district could not comply with the provisions in Sections
2234-200 through 34-235 of this Code.
23    Section 97. Control over other Act. Senate Bill 620 of the
2497th General Assembly passed both houses on May 31, 2011. Thus,
25this amendatory Act of the 97th General Assembly (Senate Bill



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1630) is the one last acted upon by the General Assembly. If
2Senate Bill 620 becomes law and this amendatory Act (Senate
3Bill 630) becomes law, then this amendatory Act (Senate Bill
4630) controls as provided in Section 6 of the Statute on
5Statutes (5 ILCS 70/6).
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".