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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 adding Section
5 34-18.37 as follows:
 
6     (105 ILCS 5/34-18.37 new)
7     Sec. 34-18.37. Establishing an equitable and effective
8 school facility development process.
9     (a) The General Assembly recognizes all of the following:
10         (1) The Illinois Constitution indicates that "a
11     fundamental goal of the People of the State is the
12     educational development of all persons to the limits of
13     their capacities".
14         (2) Quality educational facilities are essential for
15     fostering the maximum educational development of all
16     persons through their educational experience from
17     prekindergarten through high school.
18         (3) The public school is a major institution in
19     communities that offers resources and opportunities for
20     many stakeholders, including not only families with
21     children who seek and deserve a quality education, but also
22     including the entire community that seeks educational
23     improvement.

 

 

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1         (4) The equitable and efficient use of available
2     facilities-related resources among different schools and
3     among racial, ethnic, income, and disability groups is
4     essential to maximize the development of quality
5     educational facilities for all children, youth, and
6     adults. These factors vary according to the needs of each
7     school community, are vitally impacted by
8     facilities-related decisions, and, therefore, should
9     include the school community's voice to the greatest extent
10     possible in all current and future uses of the school
11     building.
12         (5) School openings, school closings, school
13     consolidations, school turnarounds, school phase-outs,
14     school construction, school repairs, school
15     modernizations, school boundary changes, and other related
16     school facility decisions often have profound impacts on
17     education in a community. These decisions must be carried
18     out only according to clear systemwide criteria and with
19     genuine involvement of local school councils, parents,
20     educators, and the community in decision-making.
21         (6) The General Assembly has previously stated that it
22     intended to make the individual school in the City of
23     Chicago the essential unit for educational governance and
24     improvement and to place the primary responsibility for
25     school governance and improvement in the hands of parents,
26     teachers, and community residents at each school. A school

 

 

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1     facility policy must be consistent with these principles.
2     (b) To ensure that the intent of the General Assembly is
3 carried out in a fair and equitable manner and to establish
4 educationally sound and fiscally responsible criteria for
5 related facilities planning, the following process shall apply
6 to the school district:
7         (1) A Special Joint Chicago Education Facilities
8     Committee shall be established within 30 days after the
9     effective date of this amendatory Act of the 96th General
10     Assembly and shall consist of 4 members of the House of
11     Representatives' Elementary & Secondary Education
12     Committee, 4 members of the Senate's Education Committee,
13     and 4 representatives of school community organizations
14     with past involvement in school facility issues. The
15     Speaker of the House of Representatives shall appoint the 4
16     members of the House Elementary and Secondary Committee, 2
17     of whom shall be Republicans and 2 of whom shall be
18     Democrats. The Speaker of the House shall appoint one of
19     the 4 appointed House members as Co-Chairperson of the
20     Committee. The Speaker of the House shall appoint one
21     representative of each of 2 school community organizations
22     with past involvement in Chicago school facility issues as
23     committee members. The President of the Senate shall
24     appoint the 4 members of the Senate Education Committee, 2
25     of whom shall be Republicans and 2 of whom shall be
26     Democrats. The President of the Senate shall appoint one of

 

 

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1     the 4 appointed Senate members as a Co-Chairperson of the
2     Committee. The President of the Senate shall appoint one
3     representative of each of 2 school community organizations
4     with past involvement in Chicago school facility issues as
5     committee members. Additionally, the chief executive
6     officer of the school district or his or her designee, a
7     representative from the Chicago Teachers Union, and a
8     representative from the Chicago Principals Association
9     shall serve on the Committee.
10         (2) The Committee shall call on independent experts, as
11     needed, to gather and analyze pertinent information on a
12     pro bono basis, provided that such experts shall have no
13     previous or on-going financial interest in school facility
14     issues related to the school district. The Committee shall
15     secure pro bono expert assistance within 30 days after the
16     establishment of the Committee.
17         (3) The Committee shall be empowered to gather further
18     evidence in the form of testimony or documents or other
19     materials.
20         (4) The Committee, with the help of the independent
21     experts, shall analyze past Chicago experiences and data
22     with respect to 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 on their students. The Committee

 

 

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1     shall consult widely with stakeholders, including public
2     officials, about these facility issues and their related
3     costs and shall examine relevant best practices from other
4     school systems for dealing with these issues
5     systematically and equitably. These initial investigations
6     shall include opportunities for input from local
7     stakeholders through hearings, focus groups, and
8     interviews.
9         (5) The Committee shall prepare a draft policy by
10     September 30, 2009 describing how these issues can be
11     addressed effectively based upon educationally sound and
12     fiscally responsible practices.
13         (6) The Committee shall hold hearings in separate
14     relevant areas of the school district at times that shall
15     maximize school community participation to obtain comments
16     on the draft policy. The final hearing shall take place no
17     later than 30 days prior to the completion of the final
18     draft to be presented to the General Assembly for approval.
19     The final proposed policy shall be made available to the
20     public in the school district at least 7 days before formal
21     introduction in the General Assembly.
22         (7) The Committee shall prepare a final proposed
23     policy, which may be introduced in the form of legislation
24     by a member of the General Assembly and may address the
25     issues, standards, and procedures set forth in this
26     Section. The legislation may address issues of system-wide

 

 

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1     criteria for ensuring clear priorities, equity, and
2     efficiency.
3         (8) Without limitation, the legislation may establish
4     significant decision-making roles for key stakeholders,
5     including the individual school and community; require
6     clear criteria or processes for establishing criteria for
7     making school facility decisions; and include clear
8     criteria for setting priorities with respect to school
9     openings, school closings, school consolidations, school
10     turnarounds, school phase-outs, school construction,
11     school repairs, school modernizations, school boundary
12     changes, and other related school facility decisions,
13     including the encouragement of multiple community uses for
14     school space.
15         (9) Without limitation, the legislation may seek to
16     establish criteria for student mobility; the transferring
17     of students to lower performing schools; teacher mobility;
18     insufficient notice to and the lack of inclusion in
19     decision-making of local school councils, parents, and
20     community members about school facility decisions; and
21     costly facilities-related expenditures due to poor
22     educational and facilities planning.
23     (c) The Board of Education shall provide administrative
24 support to the Committee.
 
25     Section 99. Effective date. This Act takes effect upon
26 becoming law.