Full Text of HB5721 100th General Assembly
HB5721eng 100TH GENERAL ASSEMBLY |
| | HB5721 Engrossed | | LRB100 20495 AXK 35857 b |
|
| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 34-200, 34-205, 34-210, 34-215, 34-220, 34-225, and 34-230 and | 6 | | by adding Section 34-227 as follows: | 7 | | (105 ILCS 5/34-200) | 8 | | Sec. 34-200. Definitions. For the purposes of Sections | 9 | | 34-200 through 34-235 of this Article: | 10 | | "Capital improvement plan" means a plan that identifies | 11 | | capital projects to be started or finished within the | 12 | | designated period, excluding projects funded by locally raised | 13 | | capital not exceeding $10,000. | 14 | | "Community area" means a geographic area of the City of | 15 | | Chicago defined by the chief executive officer as part of the | 16 | | development of the educational facilities master plan. | 17 | | "Space utilization" means the percentage achieved by | 18 | | dividing the school's actual enrollment by its design capacity. | 19 | | "School closing" or "school closure" means the closing of a | 20 | | school, the effect of which is the assignment and transfer of | 21 | | all students enrolled at that school to one or more designated | 22 | | receiving schools. | 23 | | "School consolidation" means the consolidation of 2 or more |
| | | HB5721 Engrossed | - 2 - | LRB100 20495 AXK 35857 b |
|
| 1 | | schools by closing one or more schools and reassigning the | 2 | | students to another school. | 3 | | "Phase-out" means the gradual cessation of enrollment in | 4 | | certain grades each school year until a school closes or is | 5 | | consolidated with another school. | 6 | | "School action" means any school closing; school | 7 | | consolidation; co-location; boundary change that requires | 8 | | reassignment of students, unless the reassignment is to a new | 9 | | school with an attendance area boundary and is made to relieve | 10 | | overcrowding ; new school turnaround ; or phase-out.
| 11 | | (Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11; | 12 | | 97-813, eff. 7-13-12.) | 13 | | (105 ILCS 5/34-205) | 14 | | Sec. 34-205. Educational facility standards. | 15 | | (a) By January 1, 2012, the district shall publish space | 16 | | utilization standards on the district's website. The standards | 17 | | shall include the following: | 18 | | (1) the method by which design capacity is calculated, | 19 | | including consideration of the requirements of elementary | 20 | | and secondary programs, shared campuses, after school | 21 | | programming, the facility needs, grade and age ranges of | 22 | | the attending students, and use of school buildings by | 23 | | governmental agencies and community organizations; | 24 | | (2) the method to determine efficient use of a school | 25 | | building based upon educational program design capacity; |
| | | HB5721 Engrossed | - 3 - | LRB100 20495 AXK 35857 b |
|
| 1 | | (3) the rate of utilization; and | 2 | | (4) the standards for overcrowding and | 3 | | underutilization. | 4 | | (b) The chief executive officer or his or her designee | 5 | | shall publish a space utilization report for each school | 6 | | building operated by the district on the district's website by | 7 | | December 31 of each year. | 8 | | (c) The facility performance standards provisions are as | 9 | | follows: | 10 | | (1) On or before January 1, 2012, the chief executive | 11 | | officer shall propose minimum and optimal facility | 12 | | performance standards for thermal comfort, daylight, | 13 | | acoustics, indoor air quality, furniture ergonomics for | 14 | | students and staff, technology, life safety, ADA | 15 | | accessibility, plumbing and washroom access, environmental | 16 | | hazards, and walkability. | 17 | | (2) The chief executive officer shall conduct at least | 18 | | one public hearing and submit the proposed educational | 19 | | facilities standards to each local school council and to | 20 | | the Chicago Public Building Commission for review and | 21 | | comment prior to adoption. | 22 | | (3) After the chief executive officer has incorporated | 23 | | the input and recommendations of the public and the Chicago | 24 | | Public Building Commission, the chief executive officer | 25 | | shall issue final facility performance standards. | 26 | | (4) The chief executive officer is authorized to amend |
| | | HB5721 Engrossed | - 4 - | LRB100 20495 AXK 35857 b |
|
| 1 | | the facility performance standards following the | 2 | | procedures in this Section. | 3 | | (5) The final educational facility space utilization | 4 | | and performance standards shall be published on the | 5 | | district's Internet website.
| 6 | | (6) Beginning on July 1, 2019, the facility performance | 7 | | standards must include the performance standards of safety | 8 | | measures in the district. | 9 | | (Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11; | 10 | | 97-813, eff. 7-13-12.) | 11 | | (105 ILCS 5/34-210) | 12 | | Sec. 34-210. The Educational Facility Master Plan. | 13 | | (a) In accordance with the schedule set forth in this | 14 | | Article, the chief executive officer or his or her designee | 15 | | shall prepare a 10-year educational facility master plan every | 16 | | 5 years, with updates 2 1/2 years after the approval of the | 17 | | initial 10-year plan, with the first such educational facility | 18 | | master plan to be approved on or before October 1, 2013. | 19 | | (b) The educational facility master plan shall provide | 20 | | community area level plans and individual school master plans | 21 | | with options for addressing the facility and space needs for | 22 | | each facility operated by the district over a 10-year period. | 23 | | (c) The data, information, and analysis that shall inform | 24 | | the educational facility master plan shall be published on the | 25 | | district's Internet website and shall include the following: |
| | | HB5721 Engrossed | - 5 - | LRB100 20495 AXK 35857 b |
|
| 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 , including | 5 | | specific plans for special education programs, early | 6 | | childhood education programs, career and technical | 7 | | education programs, and any other programs that are space | 8 | | sensitive to avoid space irregularities ; | 9 | | (3) a description of the process, procedure, and | 10 | | timeline for community participation in the development of | 11 | | the plan; | 12 | | (3.5) A description of a communications and community | 13 | | involvement plan for each community in the City of Chicago | 14 | | that includes the engagement of students, school | 15 | | personnel, parents, and key stakeholders throughout the | 16 | | community and all of the following: | 17 | | (A) community action councils; | 18 | | (B) local school councils or, if not present, | 19 | | alternative parent and community governance for that | 20 | | school; | 21 | | (C) the Chicago Teachers Union; and | 22 | | (D) the Chicago Principals and Administrators | 23 | | Association; | 24 | | (4) the enrollment capacity of each school and its rate | 25 | | of enrollment and historical and projected enrollment, and | 26 | | current and projected demographic information for the |
| | | HB5721 Engrossed | - 6 - | LRB100 20495 AXK 35857 b |
|
| 1 | | neighborhood surrounding the district based on census data | 2 | | utilization ; | 3 | | (5) a report on the assessment of individual building | 4 | | and site conditions; | 5 | | (6) a data table with historical and projected | 6 | | enrollment data by school by grade; | 7 | | (7) community analysis, including a study of current | 8 | | and projected demographics, land usage, transportation | 9 | | plans, residential housing and commercial development, | 10 | | private schools, plans for water and sewage service | 11 | | expansion or redevelopment, and institutions of higher | 12 | | education; | 13 | | (8) an analysis of the facility needs and requirements | 14 | | of the district and a timeline to address critical facility | 15 | | and programmatic capital needs of every school building | 16 | | with a weighted prioritization, which shall be publicly | 17 | | available on the district's Internet website for schools | 18 | | and communities to have access to the information and | 19 | | transparent data on the timeline that the district will | 20 | | address those critical issues ; and | 21 | | (9) identification of potential sources of funding for | 22 | | the implementation of the Educational Facility Master | 23 | | Plan , including financial options through tax increment | 24 | | financing, property tax levies for schools, and bonds that | 25 | | address critical facility needs; and . | 26 | | (10) any school building disposition, including a plan |
| | | HB5721 Engrossed | - 7 - | LRB100 20495 AXK 35857 b |
|
| 1 | | delineating the process through which citizen involvement | 2 | | is facilitated and establishing the criteria that is | 3 | | utilized in building disposition decisions, one of which | 4 | | shall be consideration of the impact of any proposed new | 5 | | use of a school building on the neighborhood in which the | 6 | | school building is located and how it may impact enrollment | 7 | | of schools in that community area. | 8 | | (d) On or before May 1, 2013, the chief executive officer | 9 | | or his or her designee shall prepare and distribute for comment | 10 | | a preliminary draft of the Educational Facility Master Plan. | 11 | | The draft plan shall be distributed to the City of Chicago, the | 12 | | County of Cook, the Chicago Park District, the Chicago Housing | 13 | | Authority, the Chicago Transit Authority, attendance centers | 14 | | operated by the district, and charter schools operating within | 15 | | the district. Each attendance center shall make the draft plan | 16 | | available to the local school council at the annual | 17 | | organizational meeting or to an alternative advisory body and | 18 | | to the parents, guardians, and staff of the school. The draft | 19 | | plan also shall be distributed to each State Senator and State | 20 | | Representative with a district in the City of Chicago, to the | 21 | | Mayor of the City of Chicago, and to each alderman of the City. | 22 | | (e) The chief executive or his or her designee shall | 23 | | publish a procedure for conducting regional public hearings and | 24 | | submitting public comments on the draft plan and an annual | 25 | | capital improvement hearing that shall discuss the district's | 26 | | annual capital budget and that is not in conjunction with |
| | | HB5721 Engrossed | - 8 - | LRB100 20495 AXK 35857 b |
|
| 1 | | operating budget hearings . | 2 | | (f) After consideration of public input on the draft plan, | 3 | | the chief executive officer or his or her designee shall | 4 | | prepare and publish a report describing the public input | 5 | | gathered and the process used to incorporate public input in | 6 | | the development of the final plan to be recommended to the | 7 | | Board. | 8 | | (g) The chief executive officer shall present the final | 9 | | plan and report to the Board for final consideration and | 10 | | approval. | 11 | | (h) The final approved Educational Facility Master Plan | 12 | | shall be published on the district's website. | 13 | | (i) No later than July 1, 2016, and every 5 years | 14 | | thereafter, the chief executive officer or his or her designee | 15 | | shall prepare and submit for public comment a draft revised | 16 | | Educational Facility Master Plan following the procedures | 17 | | required for development of the original plan. | 18 | | (j) This proposed revised plan shall reflect the progress | 19 | | achieved during the first 2 1/2 years of the Educational | 20 | | Facility Master Plan.
| 21 | | (k) Based upon the data from the plan, the district must do | 22 | | at least one of the following for all under-enrolled schools:
| 23 | | (i) create a request for proposals for joint use of the school | 24 | | with an intergovernmental rental or other outside entity | 25 | | rental,
(ii) except for a charter school, cease any potential | 26 | | plans for school expansion that may negatively impact |
| | | HB5721 Engrossed | - 9 - | LRB100 20495 AXK 35857 b |
|
| 1 | | enrollment at the under-enrolled school,
(iii) redo attendance | 2 | | boundaries to maximize enrollment of additional students, or
| 3 | | (iv) work with under-enrolled schools to identify | 4 | | opportunities to increase enrollment and lower the costs of | 5 | | occupancy through joint use agreements. | 6 | | (Source: P.A. 99-531, eff. 7-8-16.) | 7 | | (105 ILCS 5/34-215) | 8 | | (Text of Section from P.A. 97-473) | 9 | | Sec. 34-215. Capital improvement plans. | 10 | | (a) The district shall develop a capital needs review | 11 | | process and one-year and 5-year capital improvement plans. | 12 | | (b) By January 1, 2012, the chief executive officer or his | 13 | | or her designee shall establish a capital needs review process | 14 | | that includes a comprehensive bi-annual assessment of the | 15 | | capital needs at each facility owned, leased, or operated by | 16 | | the district. The review process shall include development of | 17 | | an assessment form to be used by attendance centers to provide | 18 | | a school-based capital, maintenance, utility, and repair needs | 19 | | assessment report and recommendations aligned with the | 20 | | educational program and goals of the attendance center. | 21 | | (c) Beginning with fiscal year 2013 and for each year | 22 | | thereafter, the chief executive officer shall publish a | 23 | | proposed one-year capital improvement plan at least 60 days | 24 | | prior to the end of the prior fiscal year. The proposed | 25 | | one-year capital improvement plan shall be posted on the |
| | | HB5721 Engrossed | - 10 - | LRB100 20495 AXK 35857 b |
|
| 1 | | district's Internet website and shall be subject to public | 2 | | review and comment and at least 3 public hearings. The one-year | 3 | | capital improvement plan shall include the following | 4 | | information for all capital projects for which funds are to be | 5 | | appropriated: | 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 | | (10) a description of the scope of work to be done, | 23 | | schedule of achieved and projected major milestones, and an | 24 | | explanation for any delay in meeting projected milestones; | 25 | | (11) a justification for modernization, new | 26 | | construction, or other capital improvements, supported by |
| | | HB5721 Engrossed | - 11 - | LRB100 20495 AXK 35857 b |
|
| 1 | | the educational specification, student enrollment | 2 | | projections, school facility condition assessment, and | 3 | | assessment of the need for use as an educational facility; | 4 | | and | 5 | | (12) school-specific project recommendations on the | 6 | | timing and funding for modernization of existing school | 7 | | facilities, new school facility construction, and other | 8 | | school facility capital improvements planned for the next | 9 | | fiscal year and the succeeding 5 fiscal years. | 10 | | (d) The chief executive officer shall present a final | 11 | | proposed one-year capital improvement plan to the Board for | 12 | | consideration. | 13 | | (e) The Board shall adopt a final one-year capital | 14 | | improvement plan no more than 45 days after adopting the annual | 15 | | budget. | 16 | | (f) Beginning with fiscal year 2013, the chief executive | 17 | | officer shall publish a proposed 5-year capital improvement | 18 | | plan with the proposed one-year capital improvement plan. The | 19 | | 5-year capital improvement plan shall include
proposed capital | 20 | | improvements for the next 4 years and, to the extent | 21 | | practicable, the same information for each proposed project | 22 | | that is required for the one-year capital improvement plan. | 23 | | (g) The 5-year capital improvement plan shall be assessed | 24 | | annually. An annual report shall be published explaining the | 25 | | differences between projected capital projects in the 5-year | 26 | | capital improvement plan and the capital projects authorized in |
| | | HB5721 Engrossed | - 12 - | LRB100 20495 AXK 35857 b |
|
| 1 | | the proposed one-year capital improvement plan for the | 2 | | following fiscal year. The 5-year plan shall be published on | 3 | | the district's Internet website and distributed to all | 4 | | principals.
| 5 | | (h) Beginning on June 1, 2019, and annually thereafter, the | 6 | | district shall conduct a regional capital budget hearing with | 7 | | 30-day notice to the public that describes planned projects for | 8 | | the year and reviews the 5-year capital budget and the | 9 | | educational facility master plan. | 10 | | (Source: P.A. 97-473, eff. 1-1-12.) | 11 | | (Text of Section from P.A. 97-474) | 12 | | Sec. 34-215. Capital improvement plans. | 13 | | (a) The district shall develop a capital needs review | 14 | | process and one-year and 5-year capital improvement plans. | 15 | | (b) By January 1, 2012, the chief executive officer or his | 16 | | or her designee shall establish a capital needs review process | 17 | | that includes a comprehensive bi-annual assessment of the | 18 | | capital needs at each facility owned, leased, or operated by | 19 | | the district. The review process shall include development of | 20 | | an assessment form to be used by attendance centers to provide | 21 | | a school-based capital, maintenance, utility, and repair needs | 22 | | assessment report and recommendations aligned with the | 23 | | educational program and goals of the attendance center. | 24 | | (c) Beginning with fiscal year 2013 and for each year | 25 | | thereafter, the chief executive officer shall publish a |
| | | HB5721 Engrossed | - 13 - | LRB100 20495 AXK 35857 b |
|
| 1 | | proposed one-year capital improvement plan at least 60 days | 2 | | prior to the end of the prior fiscal year. The proposed | 3 | | one-year capital improvement plan shall be posted on the | 4 | | district's Internet website and shall be subject to public | 5 | | review and comment and at least 3 public hearings. The one-year | 6 | | capital improvement plan shall include the following | 7 | | information for all capital projects for which funds are to be | 8 | | appropriated: | 9 | | (1) description of the scope of the project; | 10 | | (2) justification for the project; | 11 | | (3) status of the project, including, if appropriate, | 12 | | percentage funded, percentage complete, and approved start | 13 | | and end dates; | 14 | | (4) original approved cost and current approved cost | 15 | | for each project; | 16 | | (5) the impact of the project on the district's | 17 | | operating budget; | 18 | | (6) the name of each school and facility affected by a | 19 | | project; | 20 | | (7) all funding sources for the project; | 21 | | (8) any relationship of the project to the needs | 22 | | assessment submitted by the attendance center; and | 23 | | (9) any relationship to the district's 10-year | 24 | | Educational Facilities Master Plan ; . | 25 | | (10) a description of the scope of work to be done, | 26 | | schedule of achieved and projected major milestones, and an |
| | | HB5721 Engrossed | - 14 - | LRB100 20495 AXK 35857 b |
|
| 1 | | explanation for any delay in meeting projected milestones; | 2 | | (11) a justification for modernization, new | 3 | | construction, or other capital improvements, supported by | 4 | | the educational specification, student enrollment | 5 | | projections, school facility condition assessment, and | 6 | | assessment of the need for use as an educational facility; | 7 | | and | 8 | | (12) school-specific project recommendations on the | 9 | | timing and funding for modernization of existing school | 10 | | facilities, new school facility construction, and other | 11 | | school facility capital improvements planned for the next | 12 | | fiscal year and the succeeding 5 fiscal years. | 13 | | (d) The chief executive officer shall present a final | 14 | | proposed one-year capital improvement plan to the Board for | 15 | | consideration. | 16 | | (e) The Board shall adopt a final one-year capital | 17 | | improvement plan no more than 45 days after adopting the annual | 18 | | budget. | 19 | | (f) Beginning with fiscal year 2013, the chief executive | 20 | | officer shall publish a proposed 5-year capital improvement | 21 | | plan with the proposed one-year capital improvement plan. The | 22 | | 5-year capital improvement plan shall include
proposed capital | 23 | | improvements for the next 4 years and, to the extent | 24 | | practicable, the same information for each proposed project | 25 | | that is required for the one-year capital improvement plan. | 26 | | (g) The 5-year capital improvement plan shall be assessed |
| | | HB5721 Engrossed | - 15 - | LRB100 20495 AXK 35857 b |
|
| 1 | | annually. An annual report shall be published explaining the | 2 | | differences between projected capital projects in the 5-year | 3 | | capital improvement plan and the capital projects authorized in | 4 | | the proposed one-year capital improvement plan for the | 5 | | following fiscal year. The 5-year plan shall be published on | 6 | | the district's Internet website and distributed to all | 7 | | principals.
| 8 | | (h) Beginning on June 1, 2019, and annually thereafter, the | 9 | | district shall conduct a regional capital budget hearing with | 10 | | 30-day notice to the public that describes planned projects for | 11 | | the year and reviews the 5-year capital budget and the | 12 | | educational facility master plan. | 13 | | (Source: P.A. 97-474, eff. 8-22-11.) | 14 | | (105 ILCS 5/34-220) | 15 | | Sec. 34-220. Financial transparency. | 16 | | (a) For fiscal year 2012, the chief executive officer shall | 17 | | provide the Board with an annual capital expenditure report | 18 | | within 90 days after the end of the fiscal year. The report | 19 | | shall be published on the district's Internet website. | 20 | | (b) For fiscal year 2013 and thereafter, the chief | 21 | | executive officer shall provide the Board with an annual | 22 | | capital expenditure report within 90 days after the end of the | 23 | | fiscal year. The report shall be published on the district's | 24 | | Internet website. The annual capital expenditure report shall | 25 | | include the following: |
| | | HB5721 Engrossed | - 16 - | LRB100 20495 AXK 35857 b |
|
| 1 | | (1) expenditures on all facilities in which students | 2 | | enrolled in the district receive instruction for all | 3 | | capital projects on which funds were expended in that | 4 | | fiscal year, even if the project was not initiated or | 5 | | completed in the fiscal year; | 6 | | (2) identification of capital projects that aligned | 7 | | with the school-based facility needs assessment and | 8 | | recommendations of school principals or were the result of | 9 | | other public input and presented at the annual hearing | 10 | | under subsection (h) of Section 34-215 of this Code ; | 11 | | (3) the levels of appropriation actually provided to | 12 | | the district for capital projects in the fiscal year by the | 13 | | city, the State, and the federal government, with a | 14 | | comparison of the level of such funding against funding | 15 | | levels for the prior 5 years; and | 16 | | (4) a summary comparison of annual capital expenses and | 17 | | the corresponding one-year capital improvement plan. | 18 | | (c) A list of all property owned by or leased to the Board | 19 | | shall be published on the district's Internet website by | 20 | | January 1, 2012, and shall be updated annually. For each | 21 | | property listed, the most recent facility standards review and | 22 | | any capital improvement projects that are pending or planned or | 23 | | have been completed in the 2-year period prior to publication | 24 | | shall be outlined. | 25 | | (d) All lease agreements in which the Board is a lessor or | 26 | | lessee shall be published on the district's Internet website |
| | | HB5721 Engrossed | - 17 - | LRB100 20495 AXK 35857 b |
|
| 1 | | for the duration of the lease. Temporary facility use, right of | 2 | | entry, and other temporary license agreements not exceeding one | 3 | | year in duration are not subject to this requirement. | 4 | | (e) The district shall publish on the district's Internet | 5 | | website a summary of the lease agreements in which the Board is | 6 | | a lessor or lessee, including the following: | 7 | | (1) a description of the leasehold; | 8 | | (2) the full legal name of the parties to the | 9 | | agreement; | 10 | | (3) the term of the agreement; | 11 | | (4) the rent amount; and | 12 | | (5) the party responsible for maintenance, capital | 13 | | improvements, utilities, and other expenses.
| 14 | | (Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11.) | 15 | | (105 ILCS 5/34-225) | 16 | | Sec. 34-225. School transition plans. | 17 | | (a) If the Board approves a school action, the chief | 18 | | executive officer or his or her designee shall work | 19 | | collaboratively with local school educators and families of | 20 | | students attending a school that is the subject of a school | 21 | | action to ensure successful integration of affected students | 22 | | into new learning environments. | 23 | | (b) The chief executive officer or his or her designee | 24 | | shall prepare and implement a school transition plan to support | 25 | | students attending a school that is the subject of a school |
| | | HB5721 Engrossed | - 18 - | LRB100 20495 AXK 35857 b |
|
| 1 | | action that accomplishes the goals of this Section. The chief | 2 | | executive must identify and commit specific resources for | 3 | | implementation of the school transition plan for a minimum of | 4 | | the full first academic year after the board approves a school | 5 | | action. | 6 | | (c) The school transition plan shall include the following: | 7 | | (1) services to support the academic, social, and | 8 | | emotional needs of students; supports for students with | 9 | | disabilities, homeless students, and English language | 10 | | learners; and support to address security and safety | 11 | | issues; | 12 | | (2) options to enroll in higher performing schools; | 13 | | (3) informational briefings regarding the choice of | 14 | | schools that include all pertinent information to enable | 15 | | the parent or guardian and child to make an informed | 16 | | choice, including the option to visit the schools of choice | 17 | | prior to making a decision; and | 18 | | (4) the provision of appropriate transportation where | 19 | | practicable ; .
| 20 | | (5) the departments that are responsible for the | 21 | | oversight; | 22 | | (6) specific programs to be offered; | 23 | | (7) 5 years of financial support to implement plans at | 24 | | receiving schools, specifying the funding source; and | 25 | | (8) the tracking of each student affected by the school | 26 | | action and a published report that details where students |
| | | HB5721 Engrossed | - 19 - | LRB100 20495 AXK 35857 b |
|
| 1 | | listed in paragraph (1) of this subsection (c) are | 2 | | enrolled. | 3 | | (c-5) A local school council affected by a school action | 4 | | shall conduct an annual evaluation on the school transition | 5 | | plan at the council's annual organizational meeting to identify | 6 | | additional support needed from the district to ensure there has | 7 | | not been any negative impact to the school or student body as a | 8 | | result of the school action. | 9 | | (d) When implementing a school action, the Board must make | 10 | | reasonable and demonstrated efforts to ensure that: | 11 | | (1) affected students receive a comparable level of | 12 | | social support services provided by Chicago Public Schools | 13 | | that were available at the previous school, provided that | 14 | | the need for such social support services continue to | 15 | | exist; and | 16 | | (2) class sizes of any receiving school do not exceed | 17 | | those established under the Chicago Public Schools policy | 18 | | regarding class size, subject to principal discretion. | 19 | | (Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11; | 20 | | 97-813, eff. 7-13-12; 97-1133, eff. 11-30-12.) | 21 | | (105 ILCS 5/34-227 new) | 22 | | Sec. 34-227. Failure to comply with amendatory Act. If the | 23 | | district fails to comply with this amendatory Act of the 100th | 24 | | General Assembly, the General Assembly shall withhold all | 25 | | capital funding for the district. |
| | | HB5721 Engrossed | - 20 - | LRB100 20495 AXK 35857 b |
|
| 1 | | (105 ILCS 5/34-230) | 2 | | Sec. 34-230. School action public meetings and hearings. | 3 | | (a) By October 1 of each year, the chief executive officer | 4 | | shall prepare and publish guidelines for school actions. The | 5 | | guidelines shall outline the academic and non-academic | 6 | | criteria for a school action. These guidelines shall be created | 7 | | with the involvement of local school councils, parents, | 8 | | educators, and community organizations. These guidelines, and | 9 | | each subsequent revision, shall be subject to a public comment | 10 | | period of at least 21 days before their approval. | 11 | | (b) The chief executive officer shall announce all proposed | 12 | | school actions to be taken at the close of the current academic | 13 | | year consistent with the guidelines by December 1 of each year. | 14 | | (c) On or before December 1 of each year, the chief | 15 | | executive officer shall publish notice of the proposed school | 16 | | actions. | 17 | | (1) Notice of the proposal for a school action shall | 18 | | include a written statement of the basis for the school | 19 | | action, an explanation of how the school action meets the | 20 | | criteria set forth in the guidelines, and a draft School | 21 | | Transition Plan identifying the items required in Section | 22 | | 34-225 of this Code for all schools affected by the school | 23 | | action. The notice shall state the date, time, and place of | 24 | | the hearing or meeting. | 25 | | (2) The chief executive officer or his or her designee |
| | | HB5721 Engrossed | - 21 - | LRB100 20495 AXK 35857 b |
|
| 1 | | shall provide notice to the principal, staff, local school | 2 | | council, and parents or guardians of any school that is | 3 | | subject to the proposed school action. | 4 | | (3) The chief executive officer shall provide written | 5 | | notice of any proposed school action to the State Senator, | 6 | | State Representative, and alderman for the school or | 7 | | schools that are subject to the proposed school action. | 8 | | (4) The chief executive officer shall publish notice of | 9 | | proposed school actions on the district's Internet | 10 | | website. | 11 | | (5) The chief executive officer shall provide notice of | 12 | | proposed school actions at least 30 calendar days in | 13 | | advance of a public hearing or meeting. The notice shall | 14 | | state the date, time, and place of the hearing or meeting. | 15 | | No Board decision regarding a proposed school action may | 16 | | take place less than 60 days after the announcement of the | 17 | | proposed school action. | 18 | | (d) The chief executive officer shall publish a brief | 19 | | summary of the proposed school actions and the date, time, and | 20 | | place of the hearings or meetings in a newspaper of general | 21 | | circulation. | 22 | | (e) The chief executive officer shall designate at least 3 | 23 | | opportunities to elicit public comment at a hearing or meeting | 24 | | on a proposed school action and shall do the following: | 25 | | (1) Convene at least one public hearing at the | 26 | | centrally located office of the Board. |
| | | HB5721 Engrossed | - 22 - | LRB100 20495 AXK 35857 b |
|
| 1 | | (2) Convene at least 2 additional public hearings or | 2 | | meetings at a location convenient to the school community | 3 | | subject to the proposed school action . | 4 | | (f) Public hearings shall be conducted by a qualified | 5 | | independent hearing officer chosen from a list of independent | 6 | | hearing officers. The general counsel shall compile and publish | 7 | | a list of independent hearing officers by November 1 of each | 8 | | school year. The independent hearing officer shall have the | 9 | | following qualifications: | 10 | | (1) he or she must be a licensed attorney eligible to | 11 | | practice law in Illinois; | 12 | | (2) he or she must not be an employee of the Board; and | 13 | | (3) he or she must not have represented the Board, its | 14 | | employees or any labor organization representing its | 15 | | employees, any local school council, or any charter or | 16 | | contract school in any capacity within the last year. | 17 | | The independent hearing officer shall issue a written | 18 | | report that summarizes the hearing and determines whether the | 19 | | chief executive officer complied with the requirements of this | 20 | | Section and the guidelines. | 21 | | The chief executive officer shall publish the report on the | 22 | | district's Internet website within 5 calendar days after | 23 | | receiving the report and at least 15 days prior to any Board | 24 | | action being taken. | 25 | | (g) Public meetings shall be conducted by a representative | 26 | | of the chief executive officer. A summary of the public meeting |
| | | HB5721 Engrossed | - 23 - | LRB100 20495 AXK 35857 b |
|
| 1 | | shall be published on the district's Internet website within 5 | 2 | | calendar days after the meeting. | 3 | | (h) If the chief executive officer proposes a school action | 4 | | without following the mandates set forth in this Section, the | 5 | | proposed school action shall not be approved by the Board | 6 | | during the school year in which the school action was proposed.
| 7 | | (Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11; | 8 | | 97-813, eff. 7-13-12; 97-1133, eff. 11-30-12.)
| | | | HB5721 Engrossed | - 24 - | LRB100 20495 AXK 35857 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 105 ILCS 5/34-200 | | | 4 | | 105 ILCS 5/34-205 | | | 5 | | 105 ILCS 5/34-210 | | | 6 | | 105 ILCS 5/34-215 | | | 7 | | 105 ILCS 5/34-220 | | | 8 | | 105 ILCS 5/34-225 | | | 9 | | 105 ILCS 5/34-227 new | | | 10 | | 105 ILCS 5/34-230 | |
| |
|