Full Text of HB0495 96th General Assembly
HB0495 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0495
Introduced 2/4/2009, by Rep. Sidney H. Mathias SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/3-14.20 |
from Ch. 122, par. 3-14.20 |
105 ILCS 5/3-14.21 |
from Ch. 122, par. 3-14.21 |
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Amends the School Code. Provides that the regional superintendent of schools shall (1) oversee inspections of (rather than inspect) building
plans and specifications submitted by
school boards and (2) oversee inspections (rather than inspect) all
public
schools under his or her supervision. Provides that all inspections for construction and like activities shall be conducted by independent third parties not associated with the school's design or construction. Provides that such third party inspectors shall have a minimum of 6,000 hours of relevant training. Effective immediately.
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A BILL FOR
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HB0495 |
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LRB096 04716 NHT 17740 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Sections | 5 |
| 3-14.20 and 3-14.21 as follows:
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| (105 ILCS 5/3-14.20)
(from Ch. 122, par. 3-14.20)
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| Sec. 3-14.20. Building plans and specifications. To | 8 |
| oversee inspections of inspect the building
plans and | 9 |
| specifications, including but not limited to plans and | 10 |
| specifications
for the heating, ventilating, lighting, | 11 |
| seating, water supply, toilets and
safety against fire of | 12 |
| public school rooms and buildings submitted to him by
school | 13 |
| boards, and to approve all those which comply substantially | 14 |
| with the
building code authorized in Section 2-3.12. All | 15 |
| inspections for construction and like activities shall be | 16 |
| conducted by independent third parties not associated with the | 17 |
| school's design or construction. Such third party inspectors | 18 |
| shall have a minimum of 6,000 hours of relevant training.
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| If a municipality or,
in the
case of an unincorporated | 20 |
| area, a county or, if applicable, a fire
protection district | 21 |
| wishes to be notified of plans and specifications received
by a | 22 |
| regional office of education for any future
construction or | 23 |
| alteration of a public school facility located within that
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| entity's
jurisdiction, then the entity must register this wish | 2 |
| with the regional
superintendent of schools. Within 10 days | 3 |
| after the regional superintendent of
schools receives the
plans | 4 |
| and specifications from a school board and prior to the bidding | 5 |
| process,
he or she shall notify, in writing, the registered | 6 |
| municipality and, if
applicable, the
registered fire | 7 |
| protection district where the school that is being
constructed | 8 |
| or altered lies that plans
and
specifications have been | 9 |
| received. In the case of an unincorporated area, the
registered | 10 |
| county
shall be notified. If the municipality, fire protection | 11 |
| district, or county
requests a review of
the plans and | 12 |
| specifications, then the school board shall submit a copy of | 13 |
| the
plans and
specifications. The municipality and, if | 14 |
| applicable, the fire protection
district or the county
may | 15 |
| comment in writing on the plans and specifications based on the | 16 |
| building
code
authorized in Section 2-3.12, referencing the | 17 |
| specific code where a discrepancy
has been
identified, and | 18 |
| respond back to the regional superintendent of schools within
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| 15 days
after a copy of the plans and specifications have been | 20 |
| received or, if needed
for plan review, such additional time
as | 21 |
| agreed to by the regional superintendent of
schools. This | 22 |
| review must be at no cost to the school district.
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| If
such plans and
specifications
are not approved or denied | 24 |
| approval by the regional superintendent of schools
within 3 | 25 |
| months after the date on which they are submitted to him or | 26 |
| her, the
school board may submit such plans and specifications |
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| directly to the State
Superintendent of Education for approval | 2 |
| or denial.
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| (Source: P.A. 94-225, eff. 7-14-05.)
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| (105 ILCS 5/3-14.21) (from Ch. 122, par. 3-14.21)
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| Sec. 3-14.21. Inspection of schools.
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| (a) The regional superintendent shall oversee the | 7 |
| inspection inspect and survey all
public
schools under his or | 8 |
| her supervision and notify the board of education, or the
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| trustees of schools in a district with trustees, in writing | 10 |
| before July 30,
whether or not the several schools in their | 11 |
| district have been kept as required
by law, using forms | 12 |
| provided by the State Board of Education which are based on
the | 13 |
| Health/Life Safety Code for Public Schools adopted under | 14 |
| Section 2-3.12. All inspections for construction and like | 15 |
| activities shall be conducted by independent third parties not | 16 |
| associated with the school's design or construction. Such third | 17 |
| party inspectors shall have a minimum of 6,000 hours of | 18 |
| relevant training. The regional
superintendent shall report | 19 |
| his or her findings to the State Board of
Education on
forms | 20 |
| provided by the State Board of Education.
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| (b) If the regional superintendent determines that a school | 22 |
| board has
failed in a timely manner to correct urgent items | 23 |
| identified in a previous
life-safety report completed under | 24 |
| Section 2-3.12 or as otherwise previously
ordered by the | 25 |
| regional superintendent, the regional superintendent shall |
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| order
the school board to adopt and submit to the regional | 2 |
| superintendent a plan for
the immediate correction of the | 3 |
| building violations. This plan shall be
adopted following a | 4 |
| public hearing that is conducted by the school board on the
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| violations and the plan and that is preceded by at least 7 | 6 |
| days' prior notice
of the hearing published in
a newspaper of | 7 |
| general circulation within the school district. If the regional
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| superintendent determines in the next annual inspection that | 9 |
| the plan has not
been completed and that the violations have | 10 |
| not been corrected, the regional
superintendent shall submit a | 11 |
| report to the State Board of Education with a
recommendation | 12 |
| that the State Board withhold from payments of general State | 13 |
| aid
due to the district an amount necessary to correct the | 14 |
| outstanding violations.
The State Board, upon notice to the | 15 |
| school board
and to the regional superintendent, shall consider | 16 |
| the report at a meeting of
the State Board, and may order that | 17 |
| a sufficient amount of general State aid be
withheld from | 18 |
| payments due to the district to correct the violations. This
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| amount shall be paid to the regional superintendent who shall | 20 |
| contract on
behalf of the school board for the correction of | 21 |
| the outstanding violations.
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| (c) The Office of the State Fire Marshal or a qualified | 23 |
| fire official, as defined in Section 2-3.12 of this Code, to | 24 |
| whom the State Fire Marshal has delegated his or her authority | 25 |
| shall conduct an annual fire safety inspection of each school | 26 |
| building in this State. The State Fire Marshal or the fire |
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| official shall coordinate its inspections with the regional | 2 |
| superintendent. The inspection shall be based on the fire | 3 |
| safety code authorized in Section 2-3.12 of this Code. Any | 4 |
| violations shall be reported in writing to the regional | 5 |
| superintendent and school board and shall reference the | 6 |
| specific code sections where a discrepancy has been identified | 7 |
| within 15 days after the inspection has been conducted. The | 8 |
| regional superintendent shall address those violations that | 9 |
| are not corrected in a timely manner pursuant to subsection (b) | 10 |
| of this Section. The inspection must be at no cost to the | 11 |
| school district.
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| (d) If a municipality or, in the case of an unincorporated | 13 |
| area, a county or, if applicable, a fire protection district | 14 |
| wishes to perform new construction inspections under the | 15 |
| jurisdiction of a regional superintendent, then the entity must | 16 |
| register this wish with the regional superintendent. These | 17 |
| inspections must be based on the building code authorized in | 18 |
| Section 2-3.12 of this Code. The inspections must be at no cost | 19 |
| to the school district.
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| (Source: P.A. 94-225, eff. 7-14-05; 94-973, eff. 1-1-07.)
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
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