Full Text of HB5042 101st General Assembly
HB5042 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5042 Introduced 2/18/2020, by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/2-3.161 | | 105 ILCS 5/2-3.164 | | 105 ILCS 5/27-6.5 | | 105 ILCS 5/34-18.43 | | 105 ILCS 5/2-3.11 rep. | | 105 ILCS 5/2-3.168 rep. | |
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Amends the School Code. Removes language concerning a reading instruction advisory group, a reference to the chairperson of the State Charter School Commission in language creating the Attendance Commission, a physical fitness assessment task force, and an annual meeting of the Chicago Educational Facilities Task Force. Repeals Sections concerning a report on the condition of schools and the Advisory Council on At-Risk Students. Effective July 1, 2020.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 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 | | 2-3.161, 2-3.164, 27-6.5, and 34-18.43 as follows: | 6 | | (105 ILCS 5/2-3.161) | 7 | | Sec. 2-3.161. Definition of dyslexia; reading instruction | 8 | | advisory group; handbook. | 9 | | (a) The State Board of Education shall incorporate, in both | 10 | | general education and special education, the following | 11 | | definition of dyslexia: | 12 | | Dyslexia is a specific learning disability that is | 13 | | neurobiological in origin.
Dyslexia is characterized by | 14 | | difficulties with accurate and/or fluent word
recognition | 15 | | and by poor spelling and decoding abilities. These | 16 | | difficulties
typically result from a deficit in the | 17 | | phonological component of language
that is often | 18 | | unexpected in relation to other cognitive abilities and the
| 19 | | provision of effective classroom instruction. Secondary | 20 | | consequences may
include problems in reading comprehension | 21 | | and reduced reading experience that
can impede growth of | 22 | | vocabulary and background knowledge. | 23 | | (b) (Blank). Subject to specific State appropriation or the |
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| 1 | | availability of private donations, the State Board of Education | 2 | | shall establish an advisory group to develop a training module | 3 | | or training modules to provide education and professional | 4 | | development to teachers, school administrators, and other | 5 | | education professionals regarding multi-sensory, systematic, | 6 | | and sequential instruction in reading. This advisory group | 7 | | shall complete its work before December 15, 2015 and is | 8 | | abolished on December 15, 2015. The State Board of Education | 9 | | shall reestablish the advisory group abolished on December 15, | 10 | | 2015 to complete the abolished group's work. The reestablished | 11 | | advisory group shall complete its work before December 31, 2016 | 12 | | and is abolished on December 31, 2016. The provisions of this | 13 | | subsection (b), other than this sentence, are inoperative after | 14 | | December 31, 2016.
| 15 | | (c) The State Board of Education shall develop and maintain | 16 | | a handbook to be made available on its Internet website that | 17 | | provides guidance for pupils, parents or guardians, and | 18 | | teachers on the subject of dyslexia. The handbook shall | 19 | | include, but is not limited to: | 20 | | (1) guidelines for teachers and parents or guardians on | 21 | | how to identify signs of dyslexia; | 22 | | (2) a description of educational strategies that have | 23 | | been shown to improve the academic performance of pupils | 24 | | with dyslexia; and | 25 | | (3) a description of resources and services available | 26 | | to pupils with dyslexia, parents or guardians of pupils |
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| 1 | | with dyslexia, and teachers. | 2 | | The State Board shall review the handbook once every 4 | 3 | | years to update, if necessary, the guidelines, educational | 4 | | strategies, or resources and services made available in the | 5 | | handbook. | 6 | | (Source: P.A. 99-65, eff. 7-16-15; 99-78, eff. 7-20-15; 99-602, | 7 | | eff. 7-22-16; 99-603, eff. 7-22-16; 100-201, eff. 8-18-17; | 8 | | 100-617, eff. 7-20-18.) | 9 | | (105 ILCS 5/2-3.164) | 10 | | (Section scheduled to be repealed on December 16, 2020) | 11 | | Sec. 2-3.164. Attendance Commission. | 12 | | (a) The Attendance Commission is created within the State | 13 | | Board of Education to study the issue of chronic absenteeism in | 14 | | this State and make recommendations for strategies to prevent | 15 | | chronic absenteeism. The Commission shall consist of all of the | 16 | | following members: | 17 | | (1) The Director of the Department of Children and | 18 | | Family Services or his or her designee. | 19 | | (2) The Chairperson of the State Board of Education or | 20 | | his or her designee. | 21 | | (3) The Chairperson of the Board of Higher Education or | 22 | | his or her designee. | 23 | | (4) The Secretary of the Department of Human Services | 24 | | or his or her designee. | 25 | | (5) The Director of the Department of Public Health or |
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| 1 | | his or her designee. | 2 | | (6) The Chairperson of the Illinois Community College | 3 | | Board or his or her designee. | 4 | | (7) (Blank). The Chairperson of the State Charter | 5 | | School Commission or his or her designee. | 6 | | (8) An individual that deals with children's | 7 | | disabilities, impairments, and social emotional issues, | 8 | | appointed by the State Superintendent of Education. | 9 | | (9) One member from each of the following | 10 | | organizations, appointed by the State Superintendent of | 11 | | Education: | 12 | | (A) A non-profit organization that advocates for | 13 | | students in temporary living situations. | 14 | | (B) An Illinois-focused, non-profit organization | 15 | | that advocates for the well-being of all children and | 16 | | families in this State. | 17 | | (C) An Illinois non-profit, anti-crime | 18 | | organization of law enforcement that researches and | 19 | | recommends early learning and youth development | 20 | | strategies to reduce crime. | 21 | | (D) An Illinois non-profit organization that | 22 | | conducts community-organizing around family issues. | 23 | | (E) A statewide professional teachers' | 24 | | organization. | 25 | | (F) A different statewide professional teachers' | 26 | | organization. |
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| 1 | | (G) A professional teachers' organization in a | 2 | | city having a population exceeding 500,000. | 3 | | (H) An association representing school | 4 | | administrators. | 5 | | (I) An association representing school board | 6 | | members. | 7 | | (J) An association representing school principals. | 8 | | (K) An association representing regional | 9 | | superintendents of schools. | 10 | | (L) An association representing parents. | 11 | | (M) An association representing high school | 12 | | districts. | 13 | | (N) An association representing large unit | 14 | | districts. | 15 | | (O) An organization that advocates for healthier | 16 | | school environments in Illinois. | 17 | | (P) An organization that advocates for the health | 18 | | and safety of Illinois youth and families by providing | 19 | | capacity building services. | 20 | | (Q) A statewide association of local philanthropic | 21 | | organizations that advocates for effective | 22 | | educational, health, and human service policies to | 23 | | improve this State's communities. | 24 | | (R) A statewide organization that advocates for | 25 | | partnerships among schools, families, and the | 26 | | community that provide access to support and remove |
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| 1 | | barriers to learning and development, using schools as | 2 | | hubs. | 3 | | (S) An organization representing statewide | 4 | | programs actively involved in truancy intervention. | 5 | | Attendance Commission members shall serve without | 6 | | compensation but shall be reimbursed for their travel expenses | 7 | | from appropriations to the State Board of Education available | 8 | | for that purpose and subject to the rules of the appropriate | 9 | | travel control board. | 10 | | (b) The Attendance Commission shall meet initially at the | 11 | | call of the State Superintendent of Education. The members | 12 | | shall elect a chairperson at their initial meeting. Thereafter, | 13 | | the Attendance Commission shall meet at the call of the | 14 | | chairperson. The Attendance Commission shall hold hearings on a | 15 | | periodic basis to receive testimony from the public regarding | 16 | | attendance. | 17 | | (c) The Attendance Commission shall identify strategies, | 18 | | mechanisms, and approaches to help parents, educators, | 19 | | principals, superintendents, and the State Board of Education | 20 | | address and prevent chronic absenteeism and shall recommend to | 21 | | the General Assembly and State Board of Education: | 22 | | (1) a standard for attendance and chronic absenteeism, | 23 | | defining attendance as a calculation of standard clock | 24 | | hours in a day that equal a full day based on instructional | 25 | | minutes for both a half day and a full day per learning | 26 | | environment; |
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| 1 | | (2) mechanisms to improve data systems to monitor and | 2 | | track chronic absenteeism across this State in a way that | 3 | | identifies trends from prekindergarten through grade 12 | 4 | | and allows the identification of students who need | 5 | | individualized chronic absenteeism prevention plans; | 6 | | (3) mechanisms for reporting and accountability for | 7 | | schools and districts across this State, including | 8 | | creating multiple measure indexes for reporting; | 9 | | (4) best practices for utilizing attendance and | 10 | | chronic absenteeism data to create multi-tiered systems of | 11 | | support and prevention that will result in students being | 12 | | ready for college and career; and | 13 | | (5) new initiatives and responses to ongoing | 14 | | challenges presented by chronic absenteeism. | 15 | | (d) The State Board of Education shall provide | 16 | | administrative support to the Commission. The Attendance | 17 | | Commission shall submit an initial report to the General | 18 | | Assembly and the State Board of Education no later than March | 19 | | 15, 2016. The Attendance Commission shall submit an annual | 20 | | report to the General Assembly and the State Board of Education | 21 | | no later than December 15, 2016 and each December 15 | 22 | | thereafter. | 23 | | (e) The Attendance Commission is abolished and this Section | 24 | | is repealed on December 16, 2020.
| 25 | | (Source: P.A. 99-432, eff. 8-21-15; 99-601, eff. 7-22-16; | 26 | | 99-642, eff. 7-28-16.) |
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| 1 | | (105 ILCS 5/27-6.5) | 2 | | Sec. 27-6.5. Physical fitness assessments in schools. | 3 | | (a) As used in this Section, "physical fitness assessment" | 4 | | means a series of assessments to measure aerobic capacity, body | 5 | | composition, muscular strength, muscular endurance, and | 6 | | flexibility. | 7 | | (b) To measure the effectiveness of State Goal 20 of the | 8 | | Illinois Learning Standards for Physical Development and | 9 | | Health, beginning with the 2016-2017 school year and every | 10 | | school year thereafter, the State Board of Education shall | 11 | | require all public schools to use a scientifically-based, | 12 | | health-related physical fitness assessment for grades 3 | 13 | | through 12 and periodically report fitness information to the | 14 | | State Board of Education, as set forth in subsection | 15 | | subsections (c) and (e) of this Section, to assess student | 16 | | fitness indicators. | 17 | | Public schools shall integrate health-related fitness | 18 | | testing into the curriculum as an instructional tool, except in | 19 | | grades before the 3rd grade. Fitness tests must be appropriate | 20 | | to students' developmental levels and physical abilities. The | 21 | | testing must be used to teach students how to assess their | 22 | | fitness levels, set goals for improvement, and monitor progress | 23 | | in reaching their goals. Fitness scores shall not be used for | 24 | | grading students or evaluating teachers. | 25 | | (c) (Blank). On or before October 1, 2014, the State |
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| 1 | | Superintendent of Education shall appoint a 15-member | 2 | | stakeholder and expert task force, including members | 3 | | representing organizations that represent physical education | 4 | | teachers, school officials, principals, health promotion and | 5 | | disease prevention advocates and experts, school health | 6 | | advocates and experts, and other experts with operational and | 7 | | academic expertise in the measurement of fitness. The task | 8 | | force shall make recommendations to the State Board of | 9 | | Education on the following: | 10 | | (1) methods for ensuring the validity and uniformity of | 11 | | reported physical fitness assessment scores, including | 12 | | assessment administration protocols and professional | 13 | | development approaches for physical education teachers; | 14 | | (2) how often physical fitness assessment scores | 15 | | should be reported to the State Board of Education; | 16 | | (3) the grade levels within elementary, middle, and | 17 | | high school categories for which physical fitness | 18 | | assessment scores should be reported to the State Board of | 19 | | Education; | 20 | | (4) the minimum fitness indicators that should be | 21 | | reported to the State Board of Education, including, but | 22 | | not limited to, a score for aerobic capacity (for grades 4 | 23 | | through 12); muscular strength; endurance; and | 24 | | flexibility; | 25 | | (5) the demographic information that should accompany | 26 | | the scores, including, but not limited to, grade and |
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| 1 | | gender; | 2 | | (6) the development of protocols regarding the | 3 | | protection of students' confidentiality and individual | 4 | | information and identifiers; and | 5 | | (7) how physical fitness assessment data should be
| 6 | | reported by the State Board of Education to the public, | 7 | | including potential correlations
with student academic | 8 | | achievement, attendance, and
discipline data and other | 9 | | recommended uses of the reported data. | 10 | | The State Board of Education shall provide administrative | 11 | | and other support to the task force. | 12 | | The task force shall submit its recommendations on physical | 13 | | fitness assessments on or before April 1, 2015. The task force | 14 | | may also recommend methods for assessing student progress on | 15 | | State Goals 19 and 21 through 24 of the Illinois Learning | 16 | | Standards for Physical Development and Health. The task force | 17 | | is dissolved on April 30, 2015. | 18 | | The provisions of this subsection (c), other than this | 19 | | sentence, are inoperative after March 31, 2016. | 20 | | (d) The State Board of Education must On or before December | 21 | | 31, 2015, the State Board of Education shall use the | 22 | | recommendations of the task force under subsection (c) of this | 23 | | Section to adopt rules for the implementation of physical | 24 | | fitness assessments under this Section by each public school | 25 | | for the 2016-2017 school year and every school year thereafter . | 26 | | (e) The On or before September 1, 2016, the State Board of |
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| 1 | | Education shall adopt rules for data submission by school | 2 | | districts and develop a system for collecting and reporting the | 3 | | aggregated fitness information from the physical fitness | 4 | | assessments. This system shall also support the collection of | 5 | | data from school districts that use a fitness testing software | 6 | | program. | 7 | | (f) School districts may report the aggregate findings of | 8 | | physical fitness assessments by grade level and school to | 9 | | parents and members of the community through typical | 10 | | communication channels, such as Internet websites, school | 11 | | newsletters, school board reports, and presentations. | 12 | | Districts may also provide individual fitness assessment | 13 | | reports to students' parents. | 14 | | (g) Nothing in this Section precludes schools from | 15 | | implementing a physical fitness assessment before the | 16 | | 2016-2017 school year or from implementing more robust forms of | 17 | | a physical fitness assessment.
| 18 | | (Source: P.A. 98-859, eff. 8-4-14.) | 19 | | (105 ILCS 5/34-18.43) | 20 | | Sec. 34-18.43. Establishing an equitable and effective | 21 | | school facility development process. | 22 | | (a) The General Assembly finds all of the following: | 23 | | (1) The Illinois Constitution recognizes that a | 24 | | "fundamental goal of the People of the State is the | 25 | | 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 | 15 | | decisions are made with the input of the community and reflect | 16 | | educationally sound and fiscally responsible criteria, a | 17 | | Chicago Educational Facilities Task Force shall be established | 18 | | within 15 days after the effective date of this amendatory Act | 19 | | of the 96th General Assembly. | 20 | | (c) The Chicago Educational Facilities Task Force shall | 21 | | consist 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 | 24 | | appointed House members as a co-chairperson of the Chicago | 25 | | Educational Facilities Task Force. The President of the Senate | 26 | | shall appoint one of the appointed Senate members as a |
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| 1 | | co-chairperson of the Chicago Educational Facilities Task | 2 | | Force. Members appointed by the legislative leaders shall be | 3 | | appointed for the duration of the Chicago Educational | 4 | | Facilities Task Force; in the event of a vacancy, the | 5 | | appointment to fill the vacancy shall be made by the | 6 | | legislative leader of the same chamber and party as the leader | 7 | | who made the original appointment. | 8 | | (e) The Chicago Educational Facilities Task Force shall | 9 | | call on independent experts, as needed, to gather and analyze | 10 | | pertinent information on a pro bono basis, provided that these | 11 | | experts have no previous or on-going financial interest in | 12 | | school facility issues related to the school district. The | 13 | | Chicago Educational Facilities Task Force shall secure pro bono | 14 | | expert assistance within 15 days after the establishment of the | 15 | | Chicago Educational Facilities Task Force. | 16 | | (f) The Chicago Educational Facilities Task Force shall be | 17 | | empowered to gather further evidence in the form of testimony | 18 | | or documents or other materials. | 19 | | (g) The Chicago Educational Facilities Task Force, with the | 20 | | help of the independent experts, shall analyze past Chicago | 21 | | experiences and data with respect to school openings, school | 22 | | closings, school consolidations, school turnarounds, school | 23 | | phase-outs, school construction, school repairs, school | 24 | | modernizations, school boundary changes, and other related | 25 | | school facility decisions on students. The Chicago Educational | 26 | | Facilities Task Force shall consult widely with stakeholders, |
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| 1 | | including public officials, about these facility issues and | 2 | | their related costs and shall examine relevant best practices | 3 | | from other school systems for dealing with these issues | 4 | | systematically and equitably. These initial investigations | 5 | | shall include opportunities for input from local stakeholders | 6 | | through hearings, focus groups, and interviews. | 7 | | (h) The Chicago Educational Facilities Task Force shall | 8 | | prepare recommendations describing how the issues set forth in | 9 | | subsection (g) of this Section can be addressed effectively | 10 | | based upon educationally sound and fiscally responsible | 11 | | practices. | 12 | | (i) The Chicago Educational Facilities Task Force shall | 13 | | hold hearings in separate areas of the school district at times | 14 | | that shall maximize school community participation to obtain | 15 | | comments on draft recommendations. The final hearing shall take | 16 | | place no later than 15 days prior to the completion of the | 17 | | final recommendations. | 18 | | (j) The Chicago Educational Facilities Task Force shall | 19 | | prepare final proposed policy and legislative recommendations | 20 | | for the General Assembly, the Governor, and the school | 21 | | district. The recommendations may address issues, standards, | 22 | | and procedures set forth in this Section. The final | 23 | | recommendations shall be made available to the public through | 24 | | posting on the school district's Internet website and other | 25 | | forms of publication and distribution in the school district at | 26 | | least 7 days before the recommendations are submitted to the |
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| 1 | | General Assembly, the Governor, and the school district. | 2 | | (k) The recommendations may address issues of system-wide | 3 | | criteria for ensuring clear priorities, equity, and | 4 | | efficiency. | 5 | | Without limitation, the final recommendations may propose | 6 | | significant decision-making roles for key stakeholders, | 7 | | including the individual school and community; recommend clear | 8 | | criteria or processes for establishing criteria for making | 9 | | school facility decisions; and include clear criteria for | 10 | | setting priorities with respect to school openings, school | 11 | | closings, school consolidations, school turnarounds, school | 12 | | phase-outs, school construction, school repairs, school | 13 | | modernizations, school boundary changes, and other related | 14 | | school facility decisions, including the encouragement of | 15 | | multiple community uses for school space. | 16 | | Without limitation, the recommendations may propose | 17 | | criteria for student mobility; the transferring of students to | 18 | | lower performing schools; teacher mobility; insufficient | 19 | | notice to and the lack of inclusion in decision-making of local | 20 | | school councils, parents, and community members about school | 21 | | facility decisions; and costly facilities-related expenditures | 22 | | due to poor educational and facilities planning. | 23 | | (l) The State Board of Education and the school district | 24 | | shall provide administrative support to the Chicago | 25 | | Educational Facilities Task Force.
| 26 | | (m) After recommendations have been issued, the Chicago |
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| 1 | | Educational Facilities Task Force shall meet at least once | 2 | | annually, upon the call of the chairs , for the purpose of | 3 | | reviewing Chicago public schools' compliance with the | 4 | | provisions of Sections 34-200 through 34-235 of this Code | 5 | | concerning school action and facility master planning. The Task | 6 | | Force shall prepare a report to the General Assembly, the | 7 | | Governor's Office, the Mayor of the City of Chicago, and the | 8 | | Chicago Board of Education indicating how the district has met | 9 | | the requirements of the provisions of Sections 34-200 through | 10 | | 34-235 of this Code concerning school action and facility | 11 | | master planning. | 12 | | (Source: P.A. 96-803, eff. 10-30-09; 97-333, eff. 8-12-11; | 13 | | 97-473, eff. 1-1-12; 97-474, eff. 8-22-11.)
| 14 | | (105 ILCS 5/2-3.11 rep.)
| 15 | | (105 ILCS 5/2-3.168 rep.) | 16 | | Section 10. The School Code is amended by repealing | 17 | | Sections 2-3.11 and 2-3.168.
| 18 | | Section 99. Effective date. This Act takes effect July 1, | 19 | | 2020.
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