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| [ Introduced ] | [ Senate Amendment 003 ] |
90_SB0001eng
New Act
Creates a short title for the Education Reform Act of
1997. Effective June 1, 1997.
SRS90S0003KSch
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1 AN ACT to amend the School Code by changing Section
2 2-3.12 and adding Section 2-3.12a.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Section 2-3.12 and adding Section 2-3.12a as follows:
7 (105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)
8 Sec. 2-3.12. School building code. To prepare for school
9 boards with the advice of the Department of Public Health,
10 the Capital Development Board, and the State Fire Marshal a
11 school building code that will conserve the health and safety
12 and general welfare of the pupils and school personnel and
13 others who use public school facilities.
14 The document known as "Efficient and Adequate Standards
15 for the Construction of Schools" applies only to temporary
16 school facilities, new school buildings, and additions to
17 existing schools whose construction contracts are awarded
18 after July 1, 1965. On or before July 1, 1967, each school
19 board shall have its school district buildings that were
20 constructed prior to January 1, 1955, surveyed by an
21 architect or engineer licensed in the State of Illinois as to
22 minimum standards necessary to conserve the health and safety
23 of the pupils enrolled in the school buildings of the
24 district. Buildings constructed between January 1, 1955 and
25 July 1, 1965, not owned by the State of Illinois, shall be
26 surveyed by an architect or engineer licensed in the State of
27 Illinois beginning 10 years after acceptance of the completed
28 building by the school board. Buildings constructed between
29 January 1, 1955 and July 1, 1955 and previously exempt under
30 the provisions of Section 35-27 shall be surveyed prior to
31 July 1, 1977 by an architect or engineer licensed in the
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1 State of Illinois. The architect or engineer, using the
2 document known as "Building Specifications for Health and
3 Safety in Public Schools" as a guide, shall make a report of
4 the findings of the survey to the school board, giving
5 priority in that report to fire safety problems and
6 recommendations thereon if any such problems exist. The
7 school board of each district so surveyed and receiving a
8 report of needed recommendations to be made to improve
9 standards of safety and health of the pupils enrolled has
10 until July 1, 1970, or in case of buildings not owned by the
11 State of Illinois and completed between January 1, 1955 and
12 July 1, 1965 or in the case of buildings previously exempt
13 under the provisions of Section 35-27 has a period of 3 years
14 after the survey is commenced, to effectuate those
15 recommendations, giving first attention to the
16 recommendations in the survey report having priority status,
17 and is authorized to levy the tax provided for in Section
18 17-2.11, according to the provisions of that Section, to make
19 such improvements. School boards unable to effectuate those
20 recommendations prior to July 1, 1970, on July 1, 1980 in the
21 case of buildings previously exempt under the provisions of
22 Section 35-27, may petition the State Superintendent of
23 Education upon the recommendation of the Regional
24 Superintendent for an extension of time. The extension of
25 time may be granted by the State Superintendent of Education
26 for a period of one year, but may be extended from year to
27 year provided substantial progress, in the opinion of the
28 State Superintendent of Education, is being made toward
29 compliance.
30 Within 2 years after the effective date of this
31 amendatory Act of 1983, and every 10 years thereafter, or at
32 such other times as the State Board of Education deems
33 necessary or the regional superintendent so orders, each
34 school board subject to the provisions of this Section shall
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1 again survey its school buildings and effectuate any
2 recommendations in accordance with the procedures set forth
3 herein. An architect or engineer licensed in the State of
4 Illinois is required to conduct the surveys under the
5 provisions of this Section and shall make a report of the
6 findings of the survey titled "safety survey report" to the
7 school board. The school board shall approve the safety
8 survey report, including any recommendations to effectuate
9 compliance with the code, and submit it to the Regional
10 Superintendent. The Regional Superintendent shall render a
11 decision regarding approval or denial and submit the safety
12 survey report to the State Superintendent of Education. The
13 State Superintendent of Education shall approve or deny the
14 report including recommendations to effectuate compliance
15 with the code and, if approved, issue a certificate of
16 approval. Upon receipt of the certificate of approval, the
17 Regional Superintendent shall issue an order to effect any
18 approved recommendations included in the report. Items in
19 the report shall be prioritized. Urgent items shall be
20 considered as those items related to life safety problems
21 that present an immediate hazard to the safety of students.
22 Required items shall be considered as those items that are
23 necessary for a safe environment but present less of an
24 immediate hazard to the safety of students. Urgent and
25 required items shall reference a specific rule in the code
26 authorized by this Section that is currently being violated
27 or will be violated within the next 12 months if the
28 violation is not remedied. The school board of each district
29 so surveyed and receiving a report of needed recommendations
30 to be made to maintain standards of safety and health of the
31 pupils enrolled shall effectuate the correction of urgent
32 items as soon as achievable to ensure the safety of the
33 students, but in no case more than one year after the date of
34 the State Superintendent of Education's approval of the
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1 recommendation. Required items shall be corrected in a
2 timely manner, but in no case more than 5 3 years from the
3 date of the State Superintendent of Education's approval of
4 the recommendation. Once each year the school board shall
5 submit a report of progress on completion of any
6 recommendations to effectuate compliance with the code. For
7 each year that the school board does not effectuate any or
8 all approved recommendations, it shall petition the Regional
9 Superintendent and the State Superintendent of Education
10 detailing what work was completed in the previous year and a
11 work plan for completion of the remaining work. If in the
12 judgement of the Regional Superintendent and the State
13 Superintendent of Education substantial progress has been
14 made and just cause has been shown by the school board, the
15 petition for a one year extension of time may be approved.
16 As soon as practicable, but not later than 2 years after
17 the effective date of this amendatory Act of 1992, the State
18 Board of Education shall combine the document known as
19 "Efficient and Adequate Standards for the Construction of
20 Schools" with the document known as "Building Specifications
21 for Health and Safety in Public Schools" together with any
22 modifications or additions that may be deemed necessary. The
23 combined document shall be known as the "Health/Life Safety
24 Code for Public Schools" and shall be the governing code for
25 all facilities that house public school students or are
26 otherwise used for public school purposes, whether such
27 facilities are permanent or temporary and whether they are
28 owned, leased, rented, or otherwise used by the district.
29 Facilities owned by a school district but that are not used
30 to house public school students or are not used for public
31 school purposes shall be governed by separate provisions
32 within the code authorized by this Section.
33 The 10 year survey cycle specified in this Section shall
34 continue to apply based upon the standards contained in the
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1 "Health/Life Safety Code for Public Schools", which shall
2 specify building standards for buildings that are constructed
3 prior to the effective date of this amendatory Act of 1992
4 and for buildings that are constructed after that date.
5 The "Health/Life Safety Code for Public Schools" shall be
6 the governing code for public schools; however, the
7 provisions of this Section shall not preclude inspection of
8 school premises and buildings pursuant to Section 9 of the
9 Fire Investigation Act, provided that the provisions of the
10 "Health/Life Safety Code for Public Schools", or such
11 predecessor document authorized by this Section as may be
12 applicable are used, and provided that those inspections are
13 coordinated with the Regional Superintendent having
14 jurisdiction over the public school facility. Any agency
15 having jurisdiction beyond the scope of the applicable
16 document authorized by this Section may issue a lawful order
17 to a school board to effectuate recommendations, and the
18 school board receiving the order shall certify to the
19 Regional Superintendent and the State Superintendent of
20 Education when it has complied with the order.
21 The State Board of Education is authorized to adopt any
22 rules that are necessary relating to the administration and
23 enforcement of the provisions of this Section. The code
24 authorized by this Section shall apply only to those school
25 districts having a population of less than 500,000
26 inhabitants.
27 (Source: P.A. 89-397, eff. 8-20-95.)
28 (105 ILCS 5/2-3.12a new)
29 Sec. 2-3.12a. Health/Life Safety Code Advisory
30 Committee.
31 (a) The Health/Life Safety Code Advisory Committee is
32 created. The Committee shall be composed of 11 members. The
33 President of the Senate, the Minority Leader of the Senate,
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1 the Speaker of the House of Representatives, and the Minority
2 Leader of the House of Representatives shall appoint one
3 member each, the Governor shall appoint 4 members, and the
4 State Superintendent of Education shall appoint 3 members.
5 At least one member appointed by the Governor shall have
6 resided within a large unit school district for at least 5
7 years preceding the appointment. For the purposes of this
8 Section, a "large unit school district" means a grades K
9 through 12 district with a student enrollment of 3,500 or
10 more. All appointments to the Committee shall be made within
11 15 days after the effective date of this amendatory Act of
12 1998. Members of the Committee shall serve without
13 compensation but shall be reimbursed for their reasonable and
14 necessary expenses from funds appropriated for that purpose.
15 The Committee shall hold an organizational meeting within 10
16 days after the last member has been appointed. The Committee
17 shall select one member as chairperson at this organizational
18 meeting. A majority of the members shall constitute a
19 quorum.
20 (b) The Committee shall review the establishment and
21 enforcement of life safety rules and requirements and the
22 categorization of life safety items as "urgent" or "required"
23 in safety survey reports, as set forth in Section 2-3.12 of
24 this Code and pursuant to the rules and procedures
25 promulgated by the State Board of Education in the
26 Health/Life Safety Code for Public Schools. In particular,
27 the Committee shall (i) review the process by which items are
28 designated as "urgent" or "required" life safety items and
29 inquire into the classification of life safety items as
30 "urgent" or "required", (ii) review the rules and procedures,
31 including the procedures for appeal and review of safety
32 survey reports and recommendations issued by the State
33 Superintendent of Education pursuant to the safety survey
34 reports, established for compelling, obtaining, and
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1 implementing remedial construction and retrofitting of
2 school-related property and buildings mandated under the
3 school building code, known as the Health/Life Safety Code
4 for Public Schools, (iii) inquire into and identify budgetary
5 and other problems, difficulties, and matters of controversy
6 that are associated with the conducting of school safety
7 surveys, and (iv) inquire into the enforcement of the
8 Health/Life Safety Code for Public Schools. The Committee
9 shall report its findings and recommendations to the General
10 Assembly, the Governor, and the State Superintendent of
11 Education by April 15, 1999. The report shall contain
12 recommendations to remedy problems, difficulties, and matters
13 of controversy identified in the report, including those
14 related to the definition and classification of life safety
15 items as "urgent" or "required".
16 (c) This Section is repealed on May 1, 1999.
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.