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Public Act 102-0777


 

Public Act 0777 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0777
 
HB4580 EnrolledLRB102 23396 NLB 32565 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by adding Section
34-222 as follows:
 
    (105 ILCS 5/34-222 new)
    Sec. 34-222. School attendance boundaries.
    (a) At least once every 5 years, the Department of School
Demographics and Planning ("DSP") shall evaluate the
enrollment at existing schools in the school district to
determine if there is a need to revise existing boundaries.
        (1) In reviewing the enrollment at existing schools to
    determine if there is a need to revise existing
    boundaries, DSP shall consider a range of factors,
    including the following:
            (A) capacities of the school being reviewed and
        schools with contiguous boundaries to the school being
        reviewed;
            (B) current and projected racial and ethnic
        composition of the school being reviewed and any
        schools with contiguous boundaries to the school being
        reviewed;
            (C) current and projected income level composition
        of the school being reviewed and any schools with
        contiguous boundaries to the school being reviewed;
            (D) geographic barriers;
            (E) travel time and distance to the school; and
            (F) program considerations of the school being
        reviewed and any schools with contiguous boundaries to
        the school being reviewed.
        (2) DSP shall submit a written report of its findings,
    conclusions, and recommendations to the chief executive
    officer and the Board. The report shall document the
    evaluation of the factors of the school being reviewed.
    The report shall be made public on the district's website
    within 30 days after its completion.
    (b) If it is determined that there is a need to revise any
existing boundaries, DSP shall develop and recommend any
proposed changes to the chief executive officer prior to the
beginning of the school year in which the changes are to take
effect. In addition, DSP shall develop and recommend proposed
boundaries for new schools to the chief executive officer
prior to the beginning of the school year in which the new
school boundaries are to take effect.
        (1) In developing proposed changes to boundaries for
    existing schools and proposing attendance boundaries for
    new schools, DSP shall consider a range of factors,
    including the following:
            (A) DSP shall consider the capacities of each of
        the schools involved in the proposed boundary
        revisions, including the extent to which a school is
        overcrowded or underutilized. Where feasible, the goal
        is for elementary schools to be utilized at not more
        than 80% of design capacity and for high schools at not
        more than 100% of program capacity. Schools shall be
        considered severely overcrowded if they are operating
        in excess of 100% utilization and significantly
        underutilized if they are operating at less than 30%
        utilization. DSP shall consider these utilization
        rates when proposing revisions to attendance
        boundaries for existing schools and when proposing
        attendance boundaries for new schools.
            (B) DSP shall consider the current and projected
        racial and ethnic composition of the schools affected.
        Where feasible, DSP shall propose establishing or
        revising attendance boundaries to maintain or promote
        stably desegregated enrollments in each of the
        affected schools and to avoid the creation of one-race
        schools.
            (C) DSP shall consider geographic barriers so as
        to promote safety and minimize transportation burdens,
        to the extent feasible.
            (D) DSP shall consider travel time and distance
        and, to the extent feasible, seek to minimize travel
        time and distance.
            (E) DSP shall consider the placement of programs
        in each of the schools involved, such as programs for
        English learners and for special education students.
        In addition, DSP shall consider the impact of magnet
        schools and programs and the requirements of the
        federal Every Student Succeeds Act and the Illinois
        Balanced Accountability Measures.
        (2) For each proposed attendance boundary, DSP shall
    develop at least 2 alternatives. For each alternative, DSP
    shall prepare a report showing 3-year enrollment
    projections by racial and ethnic groups for all schools
    affected by the proposed change pursuant to each
    alternative. The report shall document for each
    alternative the impact on the affected schools for the
    factors of capacity, geographic barriers, travel time and
    distance, and program considerations. In developing
    alternatives, DSP shall consider whether any feasible
    alternatives would better maintain or promote stably
    desegregated enrollments in each of the affected schools
    or better avoid the creation of one-race schools. The
    report shall be made public on the district's website
    within 30 days after its completion.
    (c) The chief executive officer shall review the report
from DSP and may suggest additional alternatives. The chief
executive officer shall report to the Board if he or she
recommends any changes to existing boundaries or establishing
boundaries for new schools. If the chief executive officer is
recommending any changes to existing boundaries or
establishing any boundaries for new schools, the chief
executive officer shall provide the Board with a report of the
alternatives considered, including data on the factors of
capacity, current and projected racial and ethnic
considerations, geographic barriers, travel time and distance,
and program considerations. The chief executive officer shall
inform the Board of the alternative that is being recommended.
The report shall be made public on the district's website
within 30 days after its completion.
    (d) Prior to taking action on the establishment or
revision of any attendance boundaries, the Board shall conduct
public hearings on the proposed establishment or revision of
attendance boundaries and the chief executive officer's
recommendation. Prior to the public hearing, the Board shall
make available reports and data on the factors of capacity,
current and projected racial and ethnic considerations,
geographic barriers, travel time and distance, and program
considerations. In making its decision, the Board shall
consider the factors of capacity, current and projected racial
and ethnic considerations, geographic barriers, travel time
and distance, and program considerations.

Effective Date: 1/1/2023