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Public Act 100-0965


 

Public Act 0965 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0965
 
HB5721 EnrolledLRB100 20495 AXK 35857 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 changing Sections
34-210, 34-215, and 34-225 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.
    (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, including
    specific plans for special education programs, early
    childhood education programs, career and technical
    education programs, and any other programs that are space
    sensitive to avoid space irregularities;
        (3) a description of the process, procedure, and
    timeline for community participation in the development of
    the plan;
        (3.5) A description of a communications and community
    involvement plan for each community in the City of Chicago
    that includes the engagement of students, school
    personnel, parents, and key stakeholders throughout the
    community and all of the following:
            (A) community action councils;
            (B) local school councils or, if not present,
        alternative parent and community governance for that
        school;
            (C) the Chicago Teachers Union; and
            (D) all current principals.
        (4) the enrollment capacity of each school and its rate
    of enrollment and historical and projected enrollment, and
    current and projected demographic information for the
    neighborhood surrounding the district based on census data
    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
    and a process to address critical facility capital needs of
    every school building, which shall be publicly available on
    the district's Internet website for schools and
    communities to have access to the information of the
    district; and
        (9) identification of potential sources of funding for
    the implementation of the Educational Facility Master
    Plan, including financial options through tax increment
    financing, property tax levies for schools, and bonds that
    address critical facility needs; and .
        (10) any school building disposition, including a plan
    delineating the process through which citizen involvement
    is facilitated and establishing the criteria that is
    utilized in building disposition decisions, one of which
    shall be consideration of the impact of any proposed new
    use of a school building on the neighborhood in which the
    school building is located and how it may impact enrollment
    of schools in that community area.
    (d) On or before May 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 at the annual
organizational meeting or to an 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 regional public hearings and
submitting public comments on the draft plan and an annual
capital improvement hearing that shall discuss the district's
annual capital budget and that is not in conjunction with
operating budget hearings.
    (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 public input
gathered and 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 July 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.
    (k) On or before December 1, 2018, the Board shall adopt a
policy to address under-enrolled schools. The policy must
contain a list of potential interventions to address schools
with declining enrollment, including, but not limited to,
action by the district to: (i) create a request for proposals
for joint use of the school with an intergovernmental rental or
other outside entity rental, (ii) except for a charter school,
cease any potential plans for school expansion that may
negatively impact enrollment at the under-enrolled school,
(iii) redraft attendance boundaries to maximize enrollment of
additional students, or (iv) work with under-enrolled schools
to identify opportunities to increase enrollment and lower the
costs of occupancy through joint use agreements.
(Source: P.A. 99-531, eff. 7-8-16.)
 
    (105 ILCS 5/34-215)
    (Text of Section from P.A. 97-473)
    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; .
        (10) a description of the scope of work to be done,
    schedule of achieved and projected major milestones, and an
    explanation for any delay in meeting projected milestones;
    and
        (11) a detailed summary of all modernization, new
    construction, or other capital improvements, and a process
    for making recommendations for modernization of existing
    school facilities, new school facility construction, and
    other school facility capital improvements planned for the
    next fiscal year.
    (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.
(Source: P.A. 97-473, eff. 1-1-12.)
 
    (Text of Section from P.A. 97-474)
    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; .
        (10) a description of the scope of work to be done,
    schedule of achieved and projected major milestones, and an
    explanation for any delay in meeting projected milestones;
    and
        (11) a detailed summary of all modernization, new
    construction, or other capital improvements, and a process
    for making recommendations for modernization of existing
    school facilities, new school facility construction, and
    other school facility capital improvements planned for the
    next fiscal year.
    (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.
(Source: P.A. 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; .
        (5) the departments that are responsible for the
    oversight;
        (6) specific programs to be offered; and
        (7) support to implement plans at receiving schools,
    specifying the funding source.
    (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; 97-1133, eff. 11-30-12.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/19/2018