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Public Act 097-1133 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly: | ||||
Section 5. The School Code is amended by changing Sections | ||||
34-210, 34-225, and 34-230 and by adding Section 34-232 as | ||||
follows: | ||||
(105 ILCS 5/34-210) | ||||
Sec. 34-210. The Educational Facility Master Plan. | ||||
(a) In accordance with the schedule set forth in this | ||||
Article, the chief executive officer or his or her designee | ||||
shall prepare a 10-year educational facility master plan every | ||||
5 years, with updates 2 1/2 years after the approval of the | ||||
initial 10-year plan, with the first such educational facility | ||||
master plan to be approved on or before October 1, 2013 July 1, | ||||
2013 . | ||||
(b) The educational facility master plan shall provide | ||||
community area level plans and individual school master plans | ||||
with options for addressing the facility and space needs for | ||||
each facility operated by the district over a 10-year period. | ||||
(c) The data, information, and analysis that shall inform | ||||
the educational facility master plan shall be published on the | ||||
district's Internet website and shall include the following: | ||||
(1) a description of the district's guiding |
educational goals and standards; | ||
(2) a brief description of the types of instructional | ||
programs and services delivered in each school; | ||
(3) a description of the process, procedure, and | ||
timeline for community participation in the development of | ||
the plan; | ||
(4) the enrollment capacity of each school and its rate | ||
of utilization; | ||
(5) a report on the assessment of individual building | ||
and site conditions; | ||
(6) a data table with historical and projected | ||
enrollment data by school by grade; | ||
(7) community analysis, including a study of current | ||
and projected demographics, land usage, transportation | ||
plans, residential housing and commercial development, | ||
private schools, plans for water and sewage service | ||
expansion or redevelopment, and institutions of higher | ||
education; | ||
(8) an analysis of the facility needs and requirements | ||
of the district; and | ||
(9) identification of potential sources of funding for | ||
the implementation of the Educational Facility Master | ||
Plan. | ||
(d) On or before May 1, 2013 January 1, 2013 , the chief | ||
executive officer or his or her designee shall prepare and | ||
distribute for comment a preliminary draft of the Educational |
Facility Master Plan. The draft plan shall be distributed to | ||
the City of Chicago, the County of Cook, the Chicago Park | ||
District, the Chicago Housing Authority, the Chicago Transit | ||
Authority, attendance centers operated by the district, and | ||
charter schools operating within the district. Each attendance | ||
center shall make the draft plan available to the local school | ||
council or alternative advisory body and to the parents, | ||
guardians, and staff of the school. The draft plan also shall | ||
be distributed to each State Senator and State Representative | ||
with a district in the City of Chicago, to the Mayor of the | ||
City of Chicago, and to each alderman of the City. | ||
(e) The chief executive or his or her designee shall | ||
publish a procedure for conducting public hearings and | ||
submitting public comments on the draft plan. | ||
(f) After consideration of public input on the draft plan, | ||
the chief executive officer or his or her designee shall | ||
prepare and publish a report describing the process used to | ||
incorporate public input in the development of the final plan | ||
to be recommended to the Board. | ||
(g) The chief executive officer shall present the final | ||
plan and report to the Board for final consideration and | ||
approval. | ||
(h) The final approved Educational Facility Master Plan | ||
shall be published on the district's website. | ||
(i) No later than January 1, 2016, and every 5 years | ||
thereafter, the chief executive officer or his or her designee |
shall prepare and submit for public comment a draft revised | ||
Educational Facility Master Plan following the procedures | ||
required for development of the original plan. | ||
(j) This proposed revised plan shall reflect the progress | ||
achieved during the first 2 1/2 years of the Educational | ||
Facility Master Plan.
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(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11.) | ||
(105 ILCS 5/34-225) | ||
Sec. 34-225. School transition plans. | ||
(a) If the Board approves a school action, the chief | ||
executive officer or his or her designee shall work | ||
collaboratively with local school educators and families of | ||
students attending a school that is the subject of a school | ||
action to ensure successful integration of affected students | ||
into new learning environments. | ||
(b) The chief executive officer or his or her designee | ||
shall prepare and implement a school transition plan to support | ||
students attending a school that is the subject of a school | ||
action that accomplishes the goals of this Section. The chief | ||
executive must identify and commit specific resources for | ||
implementation of the school transition plan for a minimum of | ||
the full first academic year after the board approves a school | ||
action. | ||
(c) The school transition plan shall include the following: | ||
(1) services to support the academic, social, and |
emotional needs of students; supports for students with | ||
disabilities, homeless students, and English language | ||
learners; and support to address security and safety | ||
issues; | ||
(2) options to enroll in higher performing schools; | ||
(3) informational briefings regarding the choice of | ||
schools that include all pertinent information to enable | ||
the parent or guardian and child to make an informed | ||
choice, including the option to visit the schools of choice | ||
prior to making a decision; and | ||
(4) the provision of appropriate transportation where | ||
practicable.
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(d) When implementing a school action, the Board must make | ||
reasonable and demonstrated efforts to ensure that: | ||
(1) Affected students receive a comparable level of | ||
social support services provided by Chicago Public Schools | ||
that were available at the previous school, provided that | ||
the need for such social support services continue to | ||
exist; and | ||
(2) Class sizes of any receiving school do not exceed | ||
those established under the Chicago Public Schools policy | ||
regarding class size, subject to principal discretion. | ||
(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11; | ||
97-813, eff. 7-13-12.) | ||
(105 ILCS 5/34-230) |
Sec. 34-230. School action public meetings and hearings. | ||
(a) By October November 1 of each year, the chief executive | ||
officer shall prepare and publish guidelines for school | ||
actions. The guidelines shall outline the academic and | ||
non-academic criteria for a school action. These guidelines | ||
shall be created with the involvement of local school councils, | ||
parents, educators, and community organizations. These | ||
guidelines, and each subsequent revision, shall be subject to a | ||
public comment period of at least 21 days before their | ||
approval. | ||
(b) The chief executive officer shall announce all proposed | ||
school actions to be taken at the close of the current academic | ||
year consistent with the guidelines by December 1 of each year. | ||
(c) On or before December 1 of each year, the chief | ||
executive officer shall publish notice of the proposed school | ||
actions. | ||
(1) Notice of the proposal for a school action shall | ||
include a written statement of the basis for the school | ||
action, an explanation of how the school action meets the | ||
criteria set forth in the guidelines, and a draft School | ||
Transition Plan identifying the items required in Section | ||
34-225 of this Code for all schools affected by the school | ||
action. The notice shall state the date, time, and place of | ||
the hearing or meeting. | ||
(2) The chief executive officer or his or her designee | ||
shall provide notice to the principal, staff, local school |
council, and parents or guardians of any school that is | ||
subject to the proposed school action. | ||
(3) The chief executive officer shall provide written | ||
notice of any proposed school action to the State Senator, | ||
State Representative, and alderman for the school or | ||
schools that are subject to the proposed school action. | ||
(4) The chief executive officer shall publish notice of | ||
proposed school actions on the district's Internet | ||
website. | ||
(5) The chief executive officer shall provide notice of | ||
proposed school actions at least 30 calendar days in | ||
advance of a public hearing or meeting. The notice shall | ||
state the date, time, and place of the hearing or meeting. | ||
No Board decision regarding a proposed school action may | ||
take place less than 60 days after the announcement of the | ||
proposed school action. | ||
(d) The chief executive officer shall publish a brief | ||
summary of the proposed school actions and the date, time, and | ||
place of the hearings or meetings in a newspaper of general | ||
circulation. | ||
(e) The chief executive officer shall designate at least 3 | ||
opportunities to elicit public comment at a hearing or meeting | ||
on a proposed school action and shall do the following: | ||
(1) Convene at least one public hearing at the | ||
centrally located office of the Board. | ||
(2) Convene at least 2 additional public hearings or |
meetings at a location convenient to the school community | ||
subject to the proposed school action. | ||
(f) Public hearings shall be conducted by a qualified | ||
independent hearing officer chosen from a list of independent | ||
hearing officers. The general counsel shall compile and publish | ||
a list of independent hearing officers by November 1 of each | ||
school year. The independent hearing officer shall have the | ||
following qualifications: | ||
(1) he or she must be a licensed attorney eligible to | ||
practice law in Illinois; | ||
(2) he or she must not be an employee of the Board; and | ||
(3) he or she must not have represented the Board, its | ||
employees or any labor organization representing its | ||
employees, any local school council, or any charter or | ||
contract school in any capacity within the last year. | ||
(4) The independent hearing officer shall issue a written | ||
report that summarizes the hearing and determines whether the | ||
chief executive officer complied with the requirements of this | ||
Section and the guidelines. | ||
(5) The chief executive officer shall publish the report on | ||
the district's Internet website within 5 calendar days after | ||
receiving the report and at least 15 days prior to any Board | ||
action being taken. | ||
(g) Public meetings shall be conducted by a representative | ||
of the chief executive officer. A summary of the public meeting | ||
shall be published on the district's Internet website within 5 |
calendar days after the meeting. | ||
(h) If the chief executive officer proposes a school action | ||
without following the mandates set forth in this Section, the | ||
proposed school action shall not be approved by the Board | ||
during the school year in which the school action was proposed.
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(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11; | ||
97-813, eff. 7-13-12; revised 10-17-12.) | ||
(105 ILCS 5/34-232 new) | ||
Sec. 34-232. Proposed school action announcement and | ||
notice; 2012-2013 school year. The following apply for school | ||
actions proposed during the 2012-2013 school year: | ||
(1) On or before March 31, 2013, the chief executive | ||
officer shall announce all proposed school actions to be | ||
taken at the close of the current academic year consistent | ||
with the guidelines published under Section 34-230 of this | ||
Code. | ||
(2) On or before March 31, 2013, the chief executive | ||
officer shall publish notice of the proposed school | ||
actions. | ||
(3) The chief executive officer shall provide notice of | ||
proposed school actions at least 15 calendar days in | ||
advance of a public hearing or meeting. | ||
All other provisions of Section 34-230 of this Code that do | ||
not conflict with this Section must be followed when proposing | ||
school actions.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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