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Public Act 097-1133


 

Public Act 1133 97TH GENERAL ASSEMBLY



 


 
Public Act 097-1133
 
SB0547 EnrolledLRB097 04358 RLJ 44397 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
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.
(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.
    (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.
(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.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 11/30/2012