Full Text of HB2205 101st General Assembly
HB2205ham001 101ST GENERAL ASSEMBLY | Rep. Nicholas K. Smith Filed: 3/26/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2205
| 2 | | AMENDMENT NO. ______. Amend House Bill 2205 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 34-230 as follows: | 6 | | (105 ILCS 5/34-230) | 7 | | Sec. 34-230. School action public meetings and hearings. | 8 | | (a) By October 1 of each year, the chief executive officer | 9 | | shall prepare and publish guidelines for school actions. The | 10 | | guidelines shall outline the academic and non-academic | 11 | | criteria for a school action. These guidelines shall be created | 12 | | with the involvement of local school councils, parents, | 13 | | educators, and community organizations. These guidelines, and | 14 | | each subsequent revision, shall be subject to a public comment | 15 | | period of at least 21 days before their approval. | 16 | | (b) The chief executive officer shall announce all proposed |
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| 1 | | school actions to be taken at the close of the current academic | 2 | | year consistent with the guidelines by December 1 of each year. | 3 | | (c) On or before December 1 of each year, the chief | 4 | | executive officer shall publish notice of the proposed school | 5 | | actions. | 6 | | (1) Notice of the proposal for a school action shall | 7 | | include a written statement of the basis for the school | 8 | | action, an explanation of how the school action meets the | 9 | | criteria set forth in the guidelines, and a draft School | 10 | | Transition Plan identifying the items required in Section | 11 | | 34-225 of this Code for all schools affected by the school | 12 | | action. The notice shall state the date, time, and place of | 13 | | the hearing or meeting. For a school closure only, 8 months | 14 | | after notice is given, the chief executive officer must | 15 | | publish on the district's website a full financial report | 16 | | on the closure that includes an analysis of the closure's | 17 | | costs and benefits to the district. | 18 | | (2) The chief executive officer or his or her designee | 19 | | shall provide notice to the principal, staff, local school | 20 | | council, and parents or guardians of any school that is | 21 | | subject to the proposed school action. | 22 | | (3) The chief executive officer shall provide written | 23 | | notice of any proposed school action to the State Senator, | 24 | | State Representative, and alderman for the school or | 25 | | schools that are subject to the proposed school action. | 26 | | (4) The chief executive officer shall publish notice of |
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| 1 | | proposed school actions on the district's Internet | 2 | | website. | 3 | | (5) The chief executive officer shall provide notice of | 4 | | proposed school actions at least 30 calendar days in | 5 | | advance of a public hearing or meeting. The notice shall | 6 | | state the date, time, and place of the hearing or meeting. | 7 | | No Board decision regarding a proposed school action may | 8 | | take place less than 60 days after the announcement of the | 9 | | proposed school action. | 10 | | (d) The chief executive officer shall publish a brief | 11 | | summary of the proposed school actions and the date, time, and | 12 | | place of the hearings or meetings in a newspaper of general | 13 | | circulation. | 14 | | (e) The chief executive officer shall designate at least 3 | 15 | | opportunities to elicit public comment at a hearing or meeting | 16 | | on 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 | 23 | | independent hearing officer chosen from a list of independent | 24 | | hearing officers. The general counsel shall compile and publish | 25 | | a list of independent hearing officers by November 1 of each | 26 | | school year. The independent hearing officer shall have the |
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| 1 | | following 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 | | The independent hearing officer shall issue a written | 10 | | report that summarizes the hearing and determines whether the | 11 | | chief executive officer complied with the requirements of this | 12 | | Section and the guidelines. | 13 | | The chief executive officer shall publish the report on the | 14 | | district's Internet website within 5 calendar days after | 15 | | receiving the report and at least 15 days prior to any Board | 16 | | action being taken. | 17 | | (g) Public meetings shall be conducted by a representative | 18 | | of the chief executive officer. A summary of the public meeting | 19 | | shall be published on the district's Internet website within 5 | 20 | | calendar days after the meeting. | 21 | | (h) If the chief executive officer proposes a school action | 22 | | without following the mandates set forth in this Section, the | 23 | | proposed school action shall not be approved by the Board | 24 | | during the school year in which the school action was proposed.
| 25 | | (Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11; | 26 | | 97-813, eff. 7-13-12; 97-1133, eff. 11-30-12.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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