Illinois General Assembly - Full Text of Public Act 097-0473
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Public Act 097-0473


 

Public Act 0473 97TH GENERAL ASSEMBLY



 


 
Public Act 097-0473
 
SB0620 EnrolledLRB097 04370 NHT 44409 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 renumbering and
changing Section 34-18.37 as added by Public Act 96-803 and by
adding the heading preceding Section 34-200 and Sections
34-200, 34-205, 34-210, 34-215, 34-220, 34-225, 34-230, and
34-235 as follows:
 
    (105 ILCS 5/34-18.43)
    Sec. 34-18.43 34-18.37. Establishing an equitable and
effective school facility development process.
    (a) The General Assembly finds all of the following:
        (1) The Illinois Constitution recognizes that a
    "fundamental goal of the People of the State is the
    educational development of all persons to the limits of
    their capacities".
        (2) Quality educational facilities are essential for
    fostering the maximum educational development of all
    persons through their educational experience from
    pre-kindergarten through high school.
        (3) The public school is a major institution in our
    communities. Public schools offer resources and
    opportunities for the children of this State who seek and
    deserve quality education, but also benefit the entire
    community that seeks improvement through access to
    education.
        (4) The equitable and efficient use of available
    facilities-related resources among different schools and
    among racial, ethnic, income, and disability groups is
    essential to maximize the development of quality public
    educational facilities for all children, youth, and
    adults. The factors that impact the equitable and efficient
    use of facility-related resources vary according to the
    needs of each school community. Therefore, decisions that
    impact school facilities should include the input of the
    school community to the greatest extent possible.
        (5) School openings, school closings, school
    consolidations, school turnarounds, school phase-outs,
    school construction, school repairs, school
    modernizations, school boundary changes, and other related
    school facility decisions often have a profound impact on
    education in a community. In order to minimize the negative
    impact of school facility decisions on the community, these
    decisions should be implemented according to a clear
    system-wide criteria and with the significant involvement
    of local school councils, parents, educators, and the
    community in decision-making.
        (6) The General Assembly has previously stated that it
    intended to make the individual school in the City of
    Chicago the essential unit for educational governance and
    improvement and to place the primary responsibility for
    school governance and improvement in the hands of parents,
    teachers, and community residents at each school. A school
    facility policy must be consistent with these principles.
    (b) In order to ensure that school facility-related
decisions are made with the input of the community and reflect
educationally sound and fiscally responsible criteria, a
Chicago Educational Facilities Task Force shall be established
within 15 days after the effective date of this amendatory Act
of the 96th General Assembly.
    (c) The Chicago Educational Facilities Task Force shall
consist of all of the following members:
        (1) Two members of the House of Representatives
    appointed by the Speaker of the House, at least one of whom
    shall be a member of the Elementary & Secondary Education
    Committee.
        (2) Two members of the House of Representatives
    appointed by the Minority Leader of the House, at least one
    of whom shall be a member of the Elementary & Secondary
    Education Committee.
        (3) Two members of the Senate appointed by the
    President of the Senate, at least one of whom shall be a
    member of the Education Committee.
        (4) Two members of the Senate appointed by the Minority
    Leader of the Senate, at least one of whom shall be a
    member of the Education Committee.
        (5) Two representatives of school community
    organizations with past involvement in school facility
    issues appointed by the Speaker of the House.
        (6) Two representatives of school community
    organizations with past involvement in school facility
    issues appointed by the President of the Senate.
        (7) The chief executive officer of the school district
    or his or her designee.
        (8) The president of the union representing teachers in
    the schools of the district or his or her designee.
        (9) The president of the association representing
    principals in the schools of the district or his or her
    designee.
    (d) The Speaker of the House shall appoint one of the
appointed House members as a co-chairperson of the Chicago
Educational Facilities Task Force. The President of the Senate
shall appoint one of the appointed Senate members as a
co-chairperson of the Chicago Educational Facilities Task
Force. Members appointed by the legislative leaders shall be
appointed for the duration of the Chicago Educational
Facilities Task Force; in the event of a vacancy, the
appointment to fill the vacancy shall be made by the
legislative leader of the same chamber and party as the leader
who made the original appointment.
    (e) The Chicago Educational Facilities Task Force shall
call on independent experts, as needed, to gather and analyze
pertinent information on a pro bono basis, provided that these
experts have no previous or on-going financial interest in
school facility issues related to the school district. The
Chicago Educational Facilities Task Force shall secure pro bono
expert assistance within 15 days after the establishment of the
Chicago Educational Facilities Task Force.
    (f) The Chicago Educational Facilities Task Force shall be
empowered to gather further evidence in the form of testimony
or documents or other materials.
    (g) The Chicago Educational Facilities Task Force, with the
help of the independent experts, shall analyze past Chicago
experiences and data with respect to school openings, school
closings, school consolidations, school turnarounds, school
phase-outs, school construction, school repairs, school
modernizations, school boundary changes, and other related
school facility decisions on students. The Chicago Educational
Facilities Task Force shall consult widely with stakeholders,
including public officials, about these facility issues and
their related costs and shall examine relevant best practices
from other school systems for dealing with these issues
systematically and equitably. These initial investigations
shall include opportunities for input from local stakeholders
through hearings, focus groups, and interviews.
    (h) The Chicago Educational Facilities Task Force shall
prepare final recommendations on or before October 30, 2009
describing how the issues set forth in subsection (g) of this
Section can be addressed effectively based upon educationally
sound and fiscally responsible practices.
    (i) The Chicago Educational Facilities Task Force shall
hold hearings in separate areas of the school district at times
that shall maximize school community participation to obtain
comments on draft recommendations. The final hearing shall take
place no later than 15 days prior to the completion of the
final recommendations.
    (j) The Chicago Educational Facilities Task Force shall
prepare final proposed policy and legislative recommendations
for the General Assembly, the Governor, and the school
district. The recommendations may address issues, standards,
and procedures set forth in this Section. The final
recommendations shall be made available to the public through
posting on the school district's Internet website and other
forms of publication and distribution in the school district at
least 7 days before the final recommendations are submitted to
the General Assembly, the Governor, and the school district.
    (k) The final recommendations may address issues of
system-wide criteria for ensuring clear priorities, equity,
and efficiency.
    Without limitation, the final recommendations may propose
significant decision-making roles for key stakeholders,
including the individual school and community; recommend clear
criteria or processes for establishing criteria for making
school facility decisions; and include clear criteria for
setting priorities with respect to school openings, school
closings, school consolidations, school turnarounds, school
phase-outs, school construction, school repairs, school
modernizations, school boundary changes, and other related
school facility decisions, including the encouragement of
multiple community uses for school space.
    Without limitation, the final recommendations may propose
criteria for student mobility; the transferring of students to
lower performing schools; teacher mobility; insufficient
notice to and the lack of inclusion in decision-making of local
school councils, parents, and community members about school
facility decisions; and costly facilities-related expenditures
due to poor educational and facilities planning.
    (l) The State Board of Education and the school district
shall provide administrative support to the Chicago
Educational Facilities Task Force.
    (m) After recommendations have been issued, the Chicago
Educational Facilities Task Force shall meet at least once
annually, upon the call of the chairs, for the purpose of
reviewing Chicago public schools' compliance with the
provisions of Sections 34-200 through 34-235 of this Code
concerning school action and facility master planning. The Task
Force shall prepare a report to the General Assembly, the
Governor's Office, the Mayor of the City of Chicago, and the
Chicago Board of Education indicating how the district has met
the requirements of the provisions of Sections 34-200 through
34-235 of this Code concerning school action and facility
master planning.
(Source: P.A. 96-803, eff. 10-30-09.)
 
    (105 ILCS 5/prec. Sec. 34-200 heading new)
SCHOOL ACTION AND FACILITY MASTER PLANNING

 
    (105 ILCS 5/34-200 new)
    Sec. 34-200. Definitions. For the purposes of Sections
34-200 through 34-235 of this Article:
    "Capital improvement plan" means a plan that identifies
capital projects to be started or finished within the
designated period, excluding projects funded by locally raised
capital not exceeding $10,000.
    "Community area" means a geographic area of the City of
Chicago defined by the chief executive officer as part of the
development of the educational facilities master plan.
    "Space utilization" means the percentage achieved by
dividing the school's actual enrollment by its design capacity.
    "School closing" or "school closure" means the closing of a
school, the effect of which is the assignment and transfer of
all students enrolled at that school to one or more designated
receiving schools.
    "School consolidation" means the consolidation of 2 or more
schools by closing one or more schools and reassigning the
students to another school.
    "Phase-out" means the gradual cessation of enrollment in
certain grades each school year until a school closes or is
consolidated with another school.
    "School action" means any school closing, school
consolidation, co-location, boundary change if the boundary
change forces a student transfer, or phase-out.
 
    (105 ILCS 5/34-205 new)
    Sec. 34-205. Educational facility standards.
    (a) By December 31, 2011, the district shall publish space
utilization standards on the district's website. The standards
shall include the following:
        (1) the method by which design capacity is calculated,
    including consideration of the requirements of elementary
    and secondary programs, shared campuses, after school
    programming, the facility needs, grade and age ranges of
    the attending students, and use of school buildings by
    governmental agencies and community organizations;
        (2) the method to determine efficient use of a school
    building based upon educational program design capacity;
        (3) the rate of utilization; and
        (4) the standards for overcrowding and
    underutilization.
    (b) The chief executive officer or his or her designee
shall publish a space utilization report for each school
building operated by the district on the district's website by
December 31 of each year.
    (c) The facility performance standards provisions are as
follows:
        (1) On or before December 31, 2011, the chief executive
    officer shall propose minimum and optimal facility
    performance standards for thermal comfort, daylight,
    acoustics, indoor air quality, furniture ergonomics for
    students and staff, technology, life safety, ADA
    accessibility, plumbing and washroom access, environmental
    hazards, and walkability.
        (2) The chief executive officer shall conduct at least
    one public hearing and submit the proposed educational
    facilities standards to each local school council and to
    the Chicago Public Building Commission for review and
    comment prior to submission to the Board.
        (3) After the chief executive officer has incorporated
    the input and recommendations of the public and the Chicago
    Public Building Commission, the chief executive officer
    shall issue final facility performance standards.
        (4) The chief executive officer is authorized to amend
    the facility performance standards following the
    procedures in this Section.
        (5) The final educational facility space utilization
    and performance standards shall be published on the
    district's Internet website.
 
    (105 ILCS 5/34-210 new)
    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 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 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.
 
    (105 ILCS 5/34-215 new)
    Sec. 34-215. Capital improvement plans.
    (a) The district shall develop a capital needs review
process and one-year and 5-year capital improvement plans.
    (b) By January 1, 2012, the chief executive officer or his
or her designee shall establish a capital needs review process
that includes a comprehensive bi-annual assessment of the
capital needs at each facility owned, leased, or operated by
the district. The review process shall include development of
an assessment form to be used by attendance centers to provide
a school-based capital, maintenance, utility, and repair needs
assessment report and recommendations aligned with the
educational program and goals of the attendance center.
    (c) Beginning with fiscal year 2013 and for each year
thereafter, the chief executive officer shall publish a
proposed one-year capital improvement plan at least 60 days
prior to the end of the prior fiscal year. The proposed
one-year capital improvement plan shall be posted on the
district's Internet website and shall be subject to public
review and comment and at least 3 public hearings. The one-year
capital improvement plan shall include the following
information for all capital projects for which funds are to be
appropriated:
        (1) description of the scope of the project;
        (2) justification for the project;
        (3) status of the project, including, if appropriate,
    percentage funded, percentage complete, and approved start
    and end dates;
        (4) original approved cost and current approved cost
    for each project;
        (5) the impact of the project on the district's
    operating budget;
        (6) the name of each school and facility affected by a
    project;
        (7) all funding sources for the project;
        (8) any relationship of the project to the needs
    assessment submitted by the attendance center; and
        (9) any relationship to the district's 10-year
    Educational Facilities Master Plan.
    (d) The chief executive officer shall present a final
proposed one-year capital improvement plan to the Board for
consideration.
    (e) The Board shall adopt a final one-year capital
improvement plan no more than 45 days after adopting the annual
budget.
    (f) Beginning with fiscal year 2013, the chief executive
officer shall publish a proposed 5-year capital improvement
plan with the proposed one-year capital improvement plan. The
5-year capital improvement plan shall include proposed capital
improvements for the next 4 years and, to the extent
practicable, the same information for each proposed project
that is required for the one-year capital improvement plan.
    (g) The 5-year capital improvement plan shall be assessed
annually. An annual report shall be published explaining the
differences between projected capital projects in the 5-year
capital improvement plan and the capital projects authorized in
the proposed one-year capital improvement plan for the
following fiscal year. The 5-year plan shall be published on
the district's Internet website and distributed to all
principals.
 
    (105 ILCS 5/34-220 new)
    Sec. 34-220. Financial transparency.
    (a) The chief executive officer shall provide the Board
with an annual capital expenditure report within 90 days after
the end of the fiscal year. The report shall be published on
the district's Internet website.
    (b) The annual capital expenditure report shall include the
following:
        (1) expenditures on all facilities in which students
    enrolled in the district receive instruction for all
    capital projects on which funds were expended in that
    fiscal year, even if the project was not initiated or
    completed in the fiscal year;
        (2) identification of capital projects that aligned
    with the school-based facility needs assessment and
    recommendations of school principals or were the result of
    other public input;
        (3) the levels of appropriation actually provided to
    the district for capital projects in the fiscal year by the
    city, the State, and the federal government, with a
    comparison of the level of such funding against funding
    levels for the prior 5 years; and
        (4) a summary comparison of annual capital expenses and
    the corresponding one-year capital improvement plan.
    (c) A list of all property owned by or leased to the Board
shall be published on the district's Internet website by
January 1, 2012, and shall be updated annually. For each
property listed, the most recent facility standards review and
any capital improvement projects that are pending or planned or
have been completed in the 2-year period prior to publication
shall be outlined.
    (d) All lease agreements in which the Board is a lessor or
lessee shall be published on the district's Internet website
for the duration of the lease. Temporary facility use, right of
entry, and other temporary license agreements not exceeding one
year in duration are not subject to this requirement.
    (e) The district shall publish on the district's Internet
website a summary of the lease agreements in which the Board is
a lessor or lessee, including the following:
        (1) a description of the leasehold;
        (2) the full legal name of the parties to the
    agreement;
        (3) the term of the agreement;
        (4) the rent amount; and
        (5) the party responsible for maintenance, capital
    improvements, utilities, and other expenses.
 
    (105 ILCS 5/34-225 new)
    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) counseling regarding the choice of schools that
    includes 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.
 
    (105 ILCS 5/34-230 new)
    Sec. 34-230. School action public meetings and hearings.
    (a) By 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, 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, 2011, 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 and an explanation of how the school action meets
    the criteria set forth in the guidelines. This proposal
    shall include a preliminary School Transition Plan
    identifying the items required in Section 34-225 of this
    Code for all schools affected by the school action.
        (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
    and in a newspaper of general circulation.
        (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 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.
    (e) 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.
    (f) Public hearings 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.
    (g) 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.
 
    (105 ILCS 5/34-235 new)
    Sec. 34-235. Emergencies. Nothing in Sections 34-200
through 34-235 of this Code prevents the district from taking
emergency action to protect the health and safety of students
and staff in an attendance center. In the event of an emergency
that requires the district to close all or part of a school
facility, including compliance with a directive of a duly
authorized public safety agency, the chief executive officer or
his or her designees are authorized to take all steps necessary
to protect the safety of students and staff, including
relocation of the attendance center to another location or
closing the attendance center. In such cases, the chief
executive officer shall provide written notice of the basis for
the emergency action within 3 days after declaring the
emergency and shall publish the steps that have been taken or
will be taken to address the emergency within 10 days after
declaring the emergency. The notice shall be posted on the
district's website and provided to the principal, the local
school council, and the State Senator, the State
Representative, and the Alderman of the school that is the
subject of the emergency action. The notice shall explain why
the district could not comply with the provisions in Sections
34-200 through 34-235 of this Code.

Effective Date: 1/1/2012