HB5721 EngrossedLRB100 20495 AXK 35857 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
534-200, 34-205, 34-210, 34-215, 34-220, 34-225, and 34-230 and
6by adding Section 34-227 as follows:
 
7    (105 ILCS 5/34-200)
8    Sec. 34-200. Definitions. For the purposes of Sections
934-200 through 34-235 of this Article:
10    "Capital improvement plan" means a plan that identifies
11capital projects to be started or finished within the
12designated period, excluding projects funded by locally raised
13capital not exceeding $10,000.
14    "Community area" means a geographic area of the City of
15Chicago defined by the chief executive officer as part of the
16development of the educational facilities master plan.
17    "Space utilization" means the percentage achieved by
18dividing the school's actual enrollment by its design capacity.
19    "School closing" or "school closure" means the closing of a
20school, the effect of which is the assignment and transfer of
21all students enrolled at that school to one or more designated
22receiving schools.
23    "School consolidation" means the consolidation of 2 or more

 

 

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1schools by closing one or more schools and reassigning the
2students to another school.
3    "Phase-out" means the gradual cessation of enrollment in
4certain grades each school year until a school closes or is
5consolidated with another school.
6    "School action" means any school closing; school
7consolidation; co-location; boundary change that requires
8reassignment of students, unless the reassignment is to a new
9school with an attendance area boundary and is made to relieve
10overcrowding; new school turnaround; or phase-out.
11(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11;
1297-813, eff. 7-13-12.)
 
13    (105 ILCS 5/34-205)
14    Sec. 34-205. Educational facility standards.
15    (a) By January 1, 2012, the district shall publish space
16utilization standards on the district's website. The standards
17shall include the following:
18        (1) the method by which design capacity is calculated,
19    including consideration of the requirements of elementary
20    and secondary programs, shared campuses, after school
21    programming, the facility needs, grade and age ranges of
22    the attending students, and use of school buildings by
23    governmental agencies and community organizations;
24        (2) the method to determine efficient use of a school
25    building based upon educational program design capacity;

 

 

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1        (3) the rate of utilization; and
2        (4) the standards for overcrowding and
3    underutilization.
4    (b) The chief executive officer or his or her designee
5shall publish a space utilization report for each school
6building operated by the district on the district's website by
7December 31 of each year.
8    (c) The facility performance standards provisions are as
9follows:
10        (1) On or before January 1, 2012, the chief executive
11    officer shall propose minimum and optimal facility
12    performance standards for thermal comfort, daylight,
13    acoustics, indoor air quality, furniture ergonomics for
14    students and staff, technology, life safety, ADA
15    accessibility, plumbing and washroom access, environmental
16    hazards, and walkability.
17        (2) The chief executive officer shall conduct at least
18    one public hearing and submit the proposed educational
19    facilities standards to each local school council and to
20    the Chicago Public Building Commission for review and
21    comment prior to adoption.
22        (3) After the chief executive officer has incorporated
23    the input and recommendations of the public and the Chicago
24    Public Building Commission, the chief executive officer
25    shall issue final facility performance standards.
26        (4) The chief executive officer is authorized to amend

 

 

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1    the facility performance standards following the
2    procedures in this Section.
3        (5) The final educational facility space utilization
4    and performance standards shall be published on the
5    district's Internet website.
6        (6) Beginning on July 1, 2019, the facility performance
7    standards must include the performance standards of safety
8    measures in the district.
9(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11;
1097-813, eff. 7-13-12.)
 
11    (105 ILCS 5/34-210)
12    Sec. 34-210. The Educational Facility Master Plan.
13    (a) In accordance with the schedule set forth in this
14Article, the chief executive officer or his or her designee
15shall prepare a 10-year educational facility master plan every
165 years, with updates 2 1/2 years after the approval of the
17initial 10-year plan, with the first such educational facility
18master plan to be approved on or before October 1, 2013.
19    (b) The educational facility master plan shall provide
20community area level plans and individual school master plans
21with options for addressing the facility and space needs for
22each facility operated by the district over a 10-year period.
23    (c) The data, information, and analysis that shall inform
24the educational facility master plan shall be published on the
25district's Internet website and shall include the following:

 

 

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1        (1) a description of the district's guiding
2    educational goals and standards;
3        (2) a brief description of the types of instructional
4    programs and services delivered in each school, including
5    specific plans for special education programs, early
6    childhood education programs, career and technical
7    education programs, and any other programs that are space
8    sensitive to avoid space irregularities;
9        (3) a description of the process, procedure, and
10    timeline for community participation in the development of
11    the plan;
12        (3.5) A description of a communications and community
13    involvement plan for each community in the City of Chicago
14    that includes the engagement of students, school
15    personnel, parents, and key stakeholders throughout the
16    community and all of the following:
17            (A) community action councils;
18            (B) local school councils or, if not present,
19        alternative parent and community governance for that
20        school;
21            (C) the Chicago Teachers Union; and
22            (D) the Chicago Principals and Administrators
23        Association;
24        (4) the enrollment capacity of each school and its rate
25    of enrollment and historical and projected enrollment, and
26    current and projected demographic information for the

 

 

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1    neighborhood surrounding the district based on census data
2    utilization;
3        (5) a report on the assessment of individual building
4    and site conditions;
5        (6) a data table with historical and projected
6    enrollment data by school by grade;
7        (7) community analysis, including a study of current
8    and projected demographics, land usage, transportation
9    plans, residential housing and commercial development,
10    private schools, plans for water and sewage service
11    expansion or redevelopment, and institutions of higher
12    education;
13        (8) an analysis of the facility needs and requirements
14    of the district and a timeline to address critical facility
15    and programmatic capital needs of every school building
16    with a weighted prioritization, which shall be publicly
17    available on the district's Internet website for schools
18    and communities to have access to the information and
19    transparent data on the timeline that the district will
20    address those critical issues; and
21        (9) identification of potential sources of funding for
22    the implementation of the Educational Facility Master
23    Plan, including financial options through tax increment
24    financing, property tax levies for schools, and bonds that
25    address critical facility needs; and .
26        (10) any school building disposition, including a plan

 

 

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1    delineating the process through which citizen involvement
2    is facilitated and establishing the criteria that is
3    utilized in building disposition decisions, one of which
4    shall be consideration of the impact of any proposed new
5    use of a school building on the neighborhood in which the
6    school building is located and how it may impact enrollment
7    of schools in that community area.
8    (d) On or before May 1, 2013, the chief executive officer
9or his or her designee shall prepare and distribute for comment
10a preliminary draft of the Educational Facility Master Plan.
11The draft plan shall be distributed to the City of Chicago, the
12County of Cook, the Chicago Park District, the Chicago Housing
13Authority, the Chicago Transit Authority, attendance centers
14operated by the district, and charter schools operating within
15the district. Each attendance center shall make the draft plan
16available to the local school council at the annual
17organizational meeting or to an alternative advisory body and
18to the parents, guardians, and staff of the school. The draft
19plan also shall be distributed to each State Senator and State
20Representative with a district in the City of Chicago, to the
21Mayor of the City of Chicago, and to each alderman of the City.
22    (e) The chief executive or his or her designee shall
23publish a procedure for conducting regional public hearings and
24submitting public comments on the draft plan and an annual
25capital improvement hearing that shall discuss the district's
26annual capital budget and that is not in conjunction with

 

 

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1operating budget hearings.
2    (f) After consideration of public input on the draft plan,
3the chief executive officer or his or her designee shall
4prepare and publish a report describing the public input
5gathered and the process used to incorporate public input in
6the development of the final plan to be recommended to the
7Board.
8    (g) The chief executive officer shall present the final
9plan and report to the Board for final consideration and
10approval.
11    (h) The final approved Educational Facility Master Plan
12shall be published on the district's website.
13    (i) No later than July 1, 2016, and every 5 years
14thereafter, the chief executive officer or his or her designee
15shall prepare and submit for public comment a draft revised
16Educational Facility Master Plan following the procedures
17required for development of the original plan.
18    (j) This proposed revised plan shall reflect the progress
19achieved during the first 2 1/2 years of the Educational
20Facility Master Plan.
21    (k) Based upon the data from the plan, the district must do
22at least one of the following for all under-enrolled schools:
23(i) create a request for proposals for joint use of the school
24with an intergovernmental rental or other outside entity
25rental, (ii) except for a charter school, cease any potential
26plans for school expansion that may negatively impact

 

 

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1enrollment at the under-enrolled school, (iii) redo attendance
2boundaries to maximize enrollment of additional students, or
3(iv) work with under-enrolled schools to identify
4opportunities to increase enrollment and lower the costs of
5occupancy through joint use agreements.
6(Source: P.A. 99-531, eff. 7-8-16.)
 
7    (105 ILCS 5/34-215)
8    (Text of Section from P.A. 97-473)
9    Sec. 34-215. Capital improvement plans.
10    (a) The district shall develop a capital needs review
11process and one-year and 5-year capital improvement plans.
12    (b) By January 1, 2012, the chief executive officer or his
13or her designee shall establish a capital needs review process
14that includes a comprehensive bi-annual assessment of the
15capital needs at each facility owned, leased, or operated by
16the district. The review process shall include development of
17an assessment form to be used by attendance centers to provide
18a school-based capital, maintenance, utility, and repair needs
19assessment report and recommendations aligned with the
20educational program and goals of the attendance center.
21    (c) Beginning with fiscal year 2013 and for each year
22thereafter, the chief executive officer shall publish a
23proposed one-year capital improvement plan at least 60 days
24prior to the end of the prior fiscal year. The proposed
25one-year capital improvement plan shall be posted on the

 

 

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1district's Internet website and shall be subject to public
2review and comment and at least 3 public hearings. The one-year
3capital improvement plan shall include the following
4information for all capital projects for which funds are to be
5appropriated:
6        (1) description of the scope of the project;
7        (2) justification for the project;
8        (3) status of the project, including, if appropriate,
9    percentage funded, percentage complete, and approved start
10    and end dates;
11        (4) original approved cost and current approved cost
12    for each project;
13        (5) the impact of the project on the district's
14    operating budget;
15        (6) the name of each school and facility affected by a
16    project;
17        (7) all funding sources for the project;
18        (8) any relationship of the project to the needs
19    assessment submitted by the attendance center; and
20        (9) any relationship to the district's 10-year
21    Educational Facilities Master Plan; .
22        (10) a description of the scope of work to be done,
23    schedule of achieved and projected major milestones, and an
24    explanation for any delay in meeting projected milestones;
25        (11) a justification for modernization, new
26    construction, or other capital improvements, supported by

 

 

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1    the educational specification, student enrollment
2    projections, school facility condition assessment, and
3    assessment of the need for use as an educational facility;
4    and
5        (12) school-specific project recommendations on the
6    timing and funding for modernization of existing school
7    facilities, new school facility construction, and other
8    school facility capital improvements planned for the next
9    fiscal year and the succeeding 5 fiscal years.
10    (d) The chief executive officer shall present a final
11proposed one-year capital improvement plan to the Board for
12consideration.
13    (e) The Board shall adopt a final one-year capital
14improvement plan no more than 45 days after adopting the annual
15budget.
16    (f) Beginning with fiscal year 2013, the chief executive
17officer shall publish a proposed 5-year capital improvement
18plan with the proposed one-year capital improvement plan. The
195-year capital improvement plan shall include proposed capital
20improvements for the next 4 years and, to the extent
21practicable, the same information for each proposed project
22that is required for the one-year capital improvement plan.
23    (g) The 5-year capital improvement plan shall be assessed
24annually. An annual report shall be published explaining the
25differences between projected capital projects in the 5-year
26capital improvement plan and the capital projects authorized in

 

 

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1the proposed one-year capital improvement plan for the
2following fiscal year. The 5-year plan shall be published on
3the district's Internet website and distributed to all
4principals.
5    (h) Beginning on June 1, 2019, and annually thereafter, the
6district shall conduct a regional capital budget hearing with
730-day notice to the public that describes planned projects for
8the year and reviews the 5-year capital budget and the
9educational facility master plan.
10(Source: P.A. 97-473, eff. 1-1-12.)
 
11    (Text of Section from P.A. 97-474)
12    Sec. 34-215. Capital improvement plans.
13    (a) The district shall develop a capital needs review
14process and one-year and 5-year capital improvement plans.
15    (b) By January 1, 2012, the chief executive officer or his
16or her designee shall establish a capital needs review process
17that includes a comprehensive bi-annual assessment of the
18capital needs at each facility owned, leased, or operated by
19the district. The review process shall include development of
20an assessment form to be used by attendance centers to provide
21a school-based capital, maintenance, utility, and repair needs
22assessment report and recommendations aligned with the
23educational program and goals of the attendance center.
24    (c) Beginning with fiscal year 2013 and for each year
25thereafter, the chief executive officer shall publish a

 

 

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1proposed one-year capital improvement plan at least 60 days
2prior to the end of the prior fiscal year. The proposed
3one-year capital improvement plan shall be posted on the
4district's Internet website and shall be subject to public
5review and comment and at least 3 public hearings. The one-year
6capital improvement plan shall include the following
7information for all capital projects for which funds are to be
8appropriated:
9        (1) description of the scope of the project;
10        (2) justification for the project;
11        (3) status of the project, including, if appropriate,
12    percentage funded, percentage complete, and approved start
13    and end dates;
14        (4) original approved cost and current approved cost
15    for each project;
16        (5) the impact of the project on the district's
17    operating budget;
18        (6) the name of each school and facility affected by a
19    project;
20        (7) all funding sources for the project;
21        (8) any relationship of the project to the needs
22    assessment submitted by the attendance center; and
23        (9) any relationship to the district's 10-year
24    Educational Facilities Master Plan; .
25        (10) a description of the scope of work to be done,
26    schedule of achieved and projected major milestones, and an

 

 

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1    explanation for any delay in meeting projected milestones;
2        (11) a justification for modernization, new
3    construction, or other capital improvements, supported by
4    the educational specification, student enrollment
5    projections, school facility condition assessment, and
6    assessment of the need for use as an educational facility;
7    and
8        (12) school-specific project recommendations on the
9    timing and funding for modernization of existing school
10    facilities, new school facility construction, and other
11    school facility capital improvements planned for the next
12    fiscal year and the succeeding 5 fiscal years.
13    (d) The chief executive officer shall present a final
14proposed one-year capital improvement plan to the Board for
15consideration.
16    (e) The Board shall adopt a final one-year capital
17improvement plan no more than 45 days after adopting the annual
18budget.
19    (f) Beginning with fiscal year 2013, the chief executive
20officer shall publish a proposed 5-year capital improvement
21plan with the proposed one-year capital improvement plan. The
225-year capital improvement plan shall include proposed capital
23improvements for the next 4 years and, to the extent
24practicable, the same information for each proposed project
25that is required for the one-year capital improvement plan.
26    (g) The 5-year capital improvement plan shall be assessed

 

 

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1annually. An annual report shall be published explaining the
2differences between projected capital projects in the 5-year
3capital improvement plan and the capital projects authorized in
4the proposed one-year capital improvement plan for the
5following fiscal year. The 5-year plan shall be published on
6the district's Internet website and distributed to all
7principals.
8    (h) Beginning on June 1, 2019, and annually thereafter, the
9district shall conduct a regional capital budget hearing with
1030-day notice to the public that describes planned projects for
11the year and reviews the 5-year capital budget and the
12educational facility master plan.
13(Source: P.A. 97-474, eff. 8-22-11.)
 
14    (105 ILCS 5/34-220)
15    Sec. 34-220. Financial transparency.
16    (a) For fiscal year 2012, the chief executive officer shall
17provide the Board with an annual capital expenditure report
18within 90 days after the end of the fiscal year. The report
19shall be published on the district's Internet website.
20    (b) For fiscal year 2013 and thereafter, the chief
21executive officer shall provide the Board with an annual
22capital expenditure report within 90 days after the end of the
23fiscal year. The report shall be published on the district's
24Internet website. The annual capital expenditure report shall
25include the following:

 

 

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1        (1) expenditures on all facilities in which students
2    enrolled in the district receive instruction for all
3    capital projects on which funds were expended in that
4    fiscal year, even if the project was not initiated or
5    completed in the fiscal year;
6        (2) identification of capital projects that aligned
7    with the school-based facility needs assessment and
8    recommendations of school principals or were the result of
9    other public input and presented at the annual hearing
10    under subsection (h) of Section 34-215 of this Code;
11        (3) the levels of appropriation actually provided to
12    the district for capital projects in the fiscal year by the
13    city, the State, and the federal government, with a
14    comparison of the level of such funding against funding
15    levels for the prior 5 years; and
16        (4) a summary comparison of annual capital expenses and
17    the corresponding one-year capital improvement plan.
18    (c) A list of all property owned by or leased to the Board
19shall be published on the district's Internet website by
20January 1, 2012, and shall be updated annually. For each
21property listed, the most recent facility standards review and
22any capital improvement projects that are pending or planned or
23have been completed in the 2-year period prior to publication
24shall be outlined.
25    (d) All lease agreements in which the Board is a lessor or
26lessee shall be published on the district's Internet website

 

 

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1for the duration of the lease. Temporary facility use, right of
2entry, and other temporary license agreements not exceeding one
3year in duration are not subject to this requirement.
4    (e) The district shall publish on the district's Internet
5website a summary of the lease agreements in which the Board is
6a lessor or lessee, including the following:
7        (1) a description of the leasehold;
8        (2) the full legal name of the parties to the
9    agreement;
10        (3) the term of the agreement;
11        (4) the rent amount; and
12        (5) the party responsible for maintenance, capital
13    improvements, utilities, and other expenses.
14(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11.)
 
15    (105 ILCS 5/34-225)
16    Sec. 34-225. School transition plans.
17    (a) If the Board approves a school action, the chief
18executive officer or his or her designee shall work
19collaboratively with local school educators and families of
20students attending a school that is the subject of a school
21action to ensure successful integration of affected students
22into new learning environments.
23    (b) The chief executive officer or his or her designee
24shall prepare and implement a school transition plan to support
25students attending a school that is the subject of a school

 

 

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1action that accomplishes the goals of this Section. The chief
2executive must identify and commit specific resources for
3implementation of the school transition plan for a minimum of
4the full first academic year after the board approves a school
5action.
6    (c) The school transition plan shall include the following:
7        (1) services to support the academic, social, and
8    emotional needs of students; supports for students with
9    disabilities, homeless students, and English language
10    learners; and support to address security and safety
11    issues;
12        (2) options to enroll in higher performing schools;
13        (3) informational briefings regarding the choice of
14    schools that include all pertinent information to enable
15    the parent or guardian and child to make an informed
16    choice, including the option to visit the schools of choice
17    prior to making a decision; and
18        (4) the provision of appropriate transportation where
19    practicable; .
20        (5) the departments that are responsible for the
21    oversight;
22        (6) specific programs to be offered;
23        (7) 5 years of financial support to implement plans at
24    receiving schools, specifying the funding source; and
25        (8) the tracking of each student affected by the school
26    action and a published report that details where students

 

 

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1    listed in paragraph (1) of this subsection (c) are
2    enrolled.
3    (c-5) A local school council affected by a school action
4shall conduct an annual evaluation on the school transition
5plan at the council's annual organizational meeting to identify
6additional support needed from the district to ensure there has
7not been any negative impact to the school or student body as a
8result of the school action.
9    (d) When implementing a school action, the Board must make
10reasonable and demonstrated efforts to ensure that:
11        (1) affected students receive a comparable level of
12    social support services provided by Chicago Public Schools
13    that were available at the previous school, provided that
14    the need for such social support services continue to
15    exist; and
16        (2) class sizes of any receiving school do not exceed
17    those established under the Chicago Public Schools policy
18    regarding class size, subject to principal discretion.
19(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11;
2097-813, eff. 7-13-12; 97-1133, eff. 11-30-12.)
 
21    (105 ILCS 5/34-227 new)
22    Sec. 34-227. Failure to comply with amendatory Act. If the
23district fails to comply with this amendatory Act of the 100th
24General Assembly, the General Assembly shall withhold all
25capital funding for the district.
 

 

 

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1    (105 ILCS 5/34-230)
2    Sec. 34-230. School action public meetings and hearings.
3    (a) By October 1 of each year, the chief executive officer
4shall prepare and publish guidelines for school actions. The
5guidelines shall outline the academic and non-academic
6criteria for a school action. These guidelines shall be created
7with the involvement of local school councils, parents,
8educators, and community organizations. These guidelines, and
9each subsequent revision, shall be subject to a public comment
10period of at least 21 days before their approval.
11    (b) The chief executive officer shall announce all proposed
12school actions to be taken at the close of the current academic
13year consistent with the guidelines by December 1 of each year.
14    (c) On or before December 1 of each year, the chief
15executive officer shall publish notice of the proposed school
16actions.
17        (1) Notice of the proposal for a school action shall
18    include a written statement of the basis for the school
19    action, an explanation of how the school action meets the
20    criteria set forth in the guidelines, and a draft School
21    Transition Plan identifying the items required in Section
22    34-225 of this Code for all schools affected by the school
23    action. The notice shall state the date, time, and place of
24    the hearing or meeting.
25        (2) The chief executive officer or his or her designee

 

 

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1    shall provide notice to the principal, staff, local school
2    council, and parents or guardians of any school that is
3    subject to the proposed school action.
4        (3) The chief executive officer shall provide written
5    notice of any proposed school action to the State Senator,
6    State Representative, and alderman for the school or
7    schools that are subject to the proposed school action.
8        (4) The chief executive officer shall publish notice of
9    proposed school actions on the district's Internet
10    website.
11        (5) The chief executive officer shall provide notice of
12    proposed school actions at least 30 calendar days in
13    advance of a public hearing or meeting. The notice shall
14    state the date, time, and place of the hearing or meeting.
15    No Board decision regarding a proposed school action may
16    take place less than 60 days after the announcement of the
17    proposed school action.
18    (d) The chief executive officer shall publish a brief
19summary of the proposed school actions and the date, time, and
20place of the hearings or meetings in a newspaper of general
21circulation.
22    (e) The chief executive officer shall designate at least 3
23opportunities to elicit public comment at a hearing or meeting
24on a proposed school action and shall do the following:
25        (1) Convene at least one public hearing at the
26    centrally located office of the Board.

 

 

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1        (2) Convene at least 2 additional public hearings or
2    meetings at a location convenient to the school community
3    subject to the proposed school action.
4    (f) Public hearings shall be conducted by a qualified
5independent hearing officer chosen from a list of independent
6hearing officers. The general counsel shall compile and publish
7a list of independent hearing officers by November 1 of each
8school year. The independent hearing officer shall have the
9following qualifications:
10        (1) he or she must be a licensed attorney eligible to
11    practice law in Illinois;
12        (2) he or she must not be an employee of the Board; and
13        (3) he or she must not have represented the Board, its
14    employees or any labor organization representing its
15    employees, any local school council, or any charter or
16    contract school in any capacity within the last year.
17    The independent hearing officer shall issue a written
18report that summarizes the hearing and determines whether the
19chief executive officer complied with the requirements of this
20Section and the guidelines.
21    The chief executive officer shall publish the report on the
22district's Internet website within 5 calendar days after
23receiving the report and at least 15 days prior to any Board
24action being taken.
25    (g) Public meetings shall be conducted by a representative
26of the chief executive officer. A summary of the public meeting

 

 

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1shall be published on the district's Internet website within 5
2calendar days after the meeting.
3    (h) If the chief executive officer proposes a school action
4without following the mandates set forth in this Section, the
5proposed school action shall not be approved by the Board
6during the school year in which the school action was proposed.
7(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11;
897-813, eff. 7-13-12; 97-1133, eff. 11-30-12.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    105 ILCS 5/34-200
4    105 ILCS 5/34-205
5    105 ILCS 5/34-210
6    105 ILCS 5/34-215
7    105 ILCS 5/34-220
8    105 ILCS 5/34-225
9    105 ILCS 5/34-227 new
10    105 ILCS 5/34-230