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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 adding the heading
5preceding Section 34-200 and Sections 34-200, 34-205, 34-210,
634-215, 34-220, 34-225, 34-230, 34-235, 34-240, 34-245, and
734-250 as follows:
8    (105 ILCS 5/prec. Sec. 34-200 heading new)

10    (105 ILCS 5/34-200 new)
11    Sec. 34-200. Findings and recommendations.
12    (a) Public Act 96-803 established the Chicago Educational
13Facilities Task Force (CEFTF) to analyze Chicago Public Schools
14data from past school actions, conduct hearings, gather public
15input, and consult with stakeholders and experts to develop
16recommendations for establishing an equitable and effective
17school facility development process.
18    (b) Based on research on best practice standards in other
19school districts, the CEFTF found that it is possible to have a
20fair, equitable, and meaningful process for deciding on school
21actions and capital project allocations. The CEFTF found the



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1        (1) School facility condition, utilization, design,
2    and location impact student academic progress, safety, and
3    learning potential.
4        (2) There are best practice standards that indicate an
5    adequate school building should have a range of 125 to 200
6    gross square feet per student in a temperate climate,
7    depending upon program, grade levels served, and design.
8        (3) A system for public transparency, oversight, and
9    accountability needs to be in place to ensure fiscal
10    efficiency and that no educational harm to disadvantaged
11    students and communities results from facility-related
12    actions, including capital spending decisions, closings,
13    consolidations, co-locations, attendance boundary changes,
14    new school openings, and major programmatic changes.
15        (4) A long-range facility master plan and a capital
16    improvement program based upon standards for educationally
17    adequate and appropriate facilities is needed to ensure
18    high quality, equitable, and educationally appropriate
19    school facilities and to raise adequate funds to support
20    facility needs.
21        (5) Processes for public input, notice, and influence
22    on the use and disposition of publicly owned and used
23    public school facilities are critical elements of
24    well-managed public school facilities.
25        (6) Collaboration and coordination with involved local
26    community groups and municipal entities in planning and



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1    decision making regarding public school facilities ensures
2    a more adequate plan.
3        (7) Illinois has fallen behind the majority of other
4    states in its school facility spending per student.
5    (b) Based upon these findings, the CEFTF recommends that
6the General Assembly enact legislation that defines a system
7for high quality educational facility planning and oversight of
8Chicago's public school buildings and grounds that ensures that
9the location, condition, utilization, and design of our public
10schools is adequate and equitably allocated among all our
11communities and students. To accomplish this purpose, the
12following are recommended:
13        (1) An independent planning commission for educational
14    facility planning of the Chicago Public Schools.
15        (2) Facility standards, a 10-year Educational Facility
16    Master Plan, and a 5-year Capital Improvement Plan and
17    budget, developed by the school district with public input
18    and participation, including the community,
19    parents/guardians, local school councils, educators, and
20    other stakeholders; coordinated with other local
21    governments and agencies; and aligned with educational
22    goals and vision, that prioritize students' well-being and
23    academic success.
24        (3) Transparent and accountable systems and controls
25    for school actions and capital projects through the use of
26    an educational impact statement, publicly accessible data,



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1    information, reports, and audits.
2        (4) State funding for school facilities that is
3    predicated on its compliance with the provisions of this
4    Article.
5    (105 ILCS 5/34-205 new)
6    Sec. 34-205. Definitions. For the purposes of the Sections
7of this Article following this Section:
8    "Board" means the Chicago Board of Education.
9    "Capital Improvement Plan" means a 5-year plan that
10identifies the priority capital projects to be started or
11finished within the capital budget period.
12    "Capital project" means facility renovation, including for
13buildings and grounds, as well as major building systems
14replacement or upgrades, new construction, and demolition,
15including the capital-related costs for planning, design, and
17    "CEFTF" means the Chicago Educational Facilities Task
19    "CEO" means the chief executive officer of the school
20district or his or her successor.
21    "Commission" means the Facility Planning Commission
22created by this Article.
23    "CPS" means the school district.
24    "Educational Facility Master Plan" means a 10-year plan
25developed with public and other governmental input and



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1participation that describes how and by whom the school
2buildings and grounds shall be used, improved, and maintained
3on a year-by-year and school-by-school basis.
4    "Educational Impact Statement" or "EdIS" means a study and
5report that assesses the educational and social effects of
6school actions on current students' learning and safety.
7    "Enrollment capacity" means how many students can be
8accommodated in a school building when staffing ratios,
9curriculum standards, and other educational best practices are
11    "LSC" or "Local School Council" means a local school
12council established under Section 34-2.1 of this Code.
13    "School action" means any school closure, consolidation,
14phase-out, opening, relocation, co-location, academic program
15change (such as conversion to a charter or selective
16enrollment), turnarounds, or attendance area boundary changes.
17    "Utilization" means the comparison of actual enrollment to
18the enrollment capacity or the rate of use of a school
20    (105 ILCS 5/34-210 new)
21    Sec. 34-210. Establishment of the Chicago Educational
22Facility Planning Commission.
23    (a) There is hereby established the Chicago Educational
24Facility Planning Commission.
25    (b) The Commission shall have the authority to take all



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1steps necessary to ensure equitable, adequate, and sustainable
2public school facilities for the citizens and children of the
3City of Chicago, including the following:
4        (1) Approve standards for the capacity and utilization
5    of CPS schools, including public charter schools.
6        (2) Approve standards for basic performance measures
7    for the CPS 10-year Educational Facility Master Plan and
8    5-year Capital Improvement Plan.
9        (3) Approve the school actions that are required to be
10    included in the Educational Facility Master Plan.
11        (4) Approve the 5-year Capital Improvement Plan and
12    budget.
13        (5) Participate in the selection of contractors
14    engaged to work on the development of the standards, plans,
15    audits, and Educational Impact Statements.
16        (6) Certify whether or not these requirements are met
17    prior to expenditure of capital funds by CPS, the Chicago
18    Public Building Commission, or any other body or entity
19    using capital funding for public school facilities.
20    (c) The Commission shall have the following duties:
21        (1) The Commission shall communicate and cooperate
22    with CPS on the schedules for the standards, plans, audits,
23    and other process required under this Article.
24        (2) The Commission shall hold hearings in accordance
25    with the requirements of this Article.
26        (3) The Commission shall prepare reports, comments,



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1    and document review of CPS standards, plans, reports, and
2    audits required under this Article.
3        (4) The Commission shall hold regular public meetings
4    with its members to plan and execute their duties under
5    this Article.
6        (5) The chairperson of the Commission or his or her
7    designee shall supervise the staff assigned to support the
8    Commission.
9        (6) The Commission shall establish a calendar for its
10    meetings, hearings, reviews, and reports at the beginning
11    of each fiscal year.
12        (7) The Commission shall prepare an annual work plan
13    and budget that shall go to the State Board of Education
14    for review as part of the annual budget process.
15        (8) The Commission shall engage an independent auditor
16    for the periodic audits of the capital improvement program
17    in accordance with the requirements of this Article.
18        (9) The Commission shall select an independent auditor
19    and oversee periodic audits of the capital improvement
20    program in accordance with the requirements of this
21    Article.
22        (10) The Commission shall appoint 2 members to review
23    educational facility planning consultant contract
24    responses and be part of the final selection process.
25    (d) The Commission shall be comprised of 17 members and
26each member shall have one vote. A majority of those appointed



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1shall constitute a quorum and is required for the passage of
2any final action. The members shall be appointed as follows:
3        (1) Four members of the General Assembly as chosen by
4    the respective leaders of each legislative caucus.
5        (2) Four members of community organizations with a
6    focus on education and experience with educational
7    facility issues, as chosen by the respective legislative
8    caucus leaders.
9        (3) One member appointed by the Mayor of the City of
10    Chicago with knowledge and expertise in the City's planning
11    for community and housing development.
12        (4) The CEO of CPS or his or her designee.
13        (5) The Chairperson of the State Board of Education, or
14    his or her designee.
15        (6) The President of the Chicago Teachers Union or his
16    or her designee.
17        (7) The President of the Chicago Principals and
18    Administrators Association or his or her designee.
19        (8) Two members of duly elected Local School Councils,
20    one each from an elementary school and high school, to be
21    chosen by the CPS district-wide council of LSCs; or in the
22    event that such district-wide council is dissolved by any
23    future CEO, then the 2 LSC representatives shall be
24    appointed by the chairperson of the Commission.
25        (9) One member representing parent/guardian advisory
26    bodies of charter schools, appointed by the CEO of CPS.



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1        (10) The President of the Chicago Park District or his
2    or her designee.
3    The members appointed by the House Speaker and the Senate
4President shall be deemed co-chairpersons.
5    (e) Member terms, meetings, and staffing of the Commission
6shall be as follows:
7        (1) Each non-elected member shall serve a term of 2
8    years, which may be renewed for up to 8 years. General
9    Assembly members shall serve throughout their term of the
10    General Assembly. Those non-elected members whose terms
11    have expired shall continue to serve until a subsequent
12    individual is nominated. Vacancies shall be filled in the
13    same manner as original appointments and named on or before
14    September 1 of each year.
15        (2) The Commission shall be named and hold its first
16    meeting within 60 days after the effective date of this
17    Section and shall meet at least quarterly, and as deemed
18    necessary by the Commission co-chairpersons.
19        (3) All meetings shall be subject to the Open Meetings
20    Act, and agendas, minutes, and other documents taken up at
21    Commission meetings shall be posted on the CPS Internet
22    website in a prominent location.
23        (4) The State Board of Education shall provide
24    administrative support staff to the Commission.
25    (105 ILCS 5/34-215 new)



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1    Sec. 34-215. Educational facility standards.
2    (a) As a necessary foundation for this and subsequent
3plans, CPS shall propose, on or before January 1, 2012, school
4and community space-use standards for school buildings and
5grounds. These space-use standards shall identify the minimal
6and optimal space types and sizes needed to support high
7quality instruction, school and staff activities, and programs
8and services, including for community use and for co-location,
9by school type (such as early education, elementary, middle,
10and high school); and, at a minimum, shall fall within the
11square feet per student of national medians of 125 to 200 gross
12square feet per student of indoor facility space.
13    (b) CPS shall develop facility performance standards,
14including the following:
15        (1) On or before January 1, 2012, CPS shall propose
16    minimum and optimal facility performance standards for
17    thermal comfort; daylight; acoustics; indoor air quality;
18    water quality and access to drinking water; furniture
19    ergonomics for students and staff; technology; life
20    safety; ADA accessibility; environmental hazards; and
21    walkability.
22        (2) The CEO shall submit the proposed educational
23    facilities standards to each LSC and to the Chicago Public
24    Building Commission for review and comment prior to
25    submission to the Board.
26        (3) Once the CEO has incorporated the input and



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1    recommendations of the public and the Chicago Public
2    Building Commission, the CEO shall submit the proposed
3    standards to the Board for review and comment.
4    (c) The facility performance standards shall be subject to
5review and approval according to the following:
6        (1) Following Board review and comment, the CEO shall
7    submit the proposed educational facility standards to the
8    Commission.
9        (2) The Commission shall hold at least one public
10    hearing to solicit public comment on the proposed
11    educational facility standards.
12        (3) The Commission shall vote on or before March 1,
13    2012 on the initial educational facility standards.
14        (4) The Commission shall vote on subsequent
15    educational facility standards when revisions are proposed
16    by CPS.
17        (5) If the Commission votes to reject the CEO's
18    proposed educational facility standards, then the
19    Commission must identify, in writing, a description of the
20    specific standards that must be addressed and make
21    recommendations on revisions to those standards.
22        (6) The CEO shall have 30 days to submit revised
23    educational facility standards to the Board and post its
24    revised plan via the CPS Internet website.
25        (7) The Board shall have 30 days to review and approve
26    the CEO's revised educational facility standards.



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1        (8) If approved by Board review, the CEO shall resubmit
2    the revised educational facility standards to the
3    Commission.
4        (9) The Commission shall vote only on whether the
5    specific concerns identified in the written rejection have
6    been satisfactorily addressed and, with a simple majority,
7    may approve the revised standards. If rejected, the
8    Commission must include comments and return the proposal to
9    the Board for further revisions. This process shall
10    continue until the CEO and the Board produce standards that
11    are acceptable to the Commission.
12        (10) The final approved educational facility space and
13    facility standards shall be available to the public via the
14    CPS Internet website.
15        (11) No State capital funds authorized under Illinois
16    law shall be issued without Commission approval of space
17    and building standards.
18    (105 ILCS 5/34-220 new)
19    Sec. 34-220. The Educational Facility Master Plan.
20    (a) In accordance with the schedule set forth in this
21Article, the CEO shall prepare a 10-year Educational Facility
22Master Plan every 5 years, with updates 2 1/2 years after the
23approval of the 10-year plan, with the first such Educational
24Facility Master Plan to be approved and in effect on or before
25July 1, 2013.



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1    (b) The Educational Facility Master Plan shall provide
2neighborhood level plans and individual school master plans
3with options for addressing the facility and space needs for
4each facility in the CPS inventory over a 10-year time period,
5including any actions planned for the first 5 years of the
6Educational Facility Master Plan.
7    (c) The data, information, and analysis that shall inform
8the city-wide, neighborhood, and individual school plans must
9be publicly accessible on the CPS Internet website and include
10the following:
11        (1) a description of CPS guiding educational goals and
12    standards;
13        (2) a brief description of the types of educational
14    instructional programs and services delivered in each
15    school;
16        (3) a description of the process, procedure, and
17    timeline for community participation in the development of
18    the plan;
19        (4) a list of the enrollment capacity in each school
20    and its rate of utilization;
21        (5) a report on the assessment of individual building
22    and site conditions;
23        (6) a data table with the historical and projected
24    enrollment data by school by grade;
25        (7) community analysis, including a study of current
26    and projected demographics, land usage, transportation



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1    plans, residential housing and commercial development,
2    private schools, plans for water and sewage service
3    expansion or redevelopment, and institutions of higher
4    education;
5        (8) an analysis of the facility needs and requirements
6    of the district; and
7        (9) identification of potential sources of funding for
8    the implementation of the Educational Facility Master
9    Plan.
10    (d) The CEO or his or her designees shall meet at least
11once with LSCs, other parent advisory bodies, educators, local
12and State-elected officials, and community stakeholders to
13develop the neighborhood level plans and the city-wide
14Educational Facility Master Plan. A report of these meetings
15shall be provided to the Commission.
16    (e) The CEO shall secure input from the City of Chicago,
17Cook County, the Chicago Park District, the Chicago Public
18Library District, the Chicago Housing Authority, and the
19Chicago Transit Authority on the development of the
20neighborhood level plans and the city-wide educational
21facility plan. A report of this input shall be provided to the
23    (f) The CEO shall submit the proposed Educational Facility
24Master Plan to each LSC and other local governments and
25agencies for review and comment prior to submission to the CPS



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1    (g) Once the CEO has incorporated the input and
2recommendations of the public and other local governmental
3agencies into the neighborhood and city-wide plans, the CEO
4shall submit the proposed Educational Facility Master Plan to
5the Board for review and comment.
6    (h) The Educational Facility Master Plan must be approved
7and adopted in accordance with the following:
8        (1) Following Board review and comment, the CEO shall
9    submit the final proposed Educational Facility Master Plan
10    to the Commission. This shall occur no later than February
11    1, 2013.
12        (2) The Commission shall hold at least 2 public
13    hearings to solicit public comment on the proposed
14    Educational Facility Master Plan.
15        (3) The Commission shall vote on or before April 1,
16    2013 on the initial Educational Facility Master Plan.
17        (4) The Commission shall vote on subsequent
18    Educational Facility Master Plans on or before April 1 in a
19    master plan year.
20        (5) If the Commission votes to reject the CEO's
21    proposed Educational Facility Master Plan, then the
22    Commission must identify, in writing, a description of the
23    specific areas that must be addressed and recommendations
24    on what might be done to address the Commission's concerns.
25        (6) The CEO shall have 30 days to submit a revised
26    Educational Facility Master Plan to the Board and post its



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1    revised plan via the CPS Internet website.
2        (7) The Board shall have 30 days to review and approve
3    the CEO's revised Educational Facility Master Plan.
4        (8) If approved by Board review, the CEO shall resubmit
5    the revised Educational Facility Master Plan to the
6    Commission.
7        (9) The Commission shall vote only on whether the
8    specific concerns identified in the written rejection have
9    been satisfactorily addressed and, with a simple majority,
10    can approve the revised plan. If rejected, the Commission
11    must include comments and return the proposal to the Board
12    for further revisions. This process shall continue until
13    the CEO and the Board produce a proposal that is acceptable
14    to the Commission.
15        (10) The final approved Educational Facility Master
16    Plan shall be available to the public via the CPS Internet
17    website.
18        (11) No State capital funds authorized under this Code
19    shall be issued without Commission approval of an
20    Educational Facility Master Plan.
21    (i) No later than January 1, 2016, and every 5 years
22thereafter, the CEO shall prepare and submit in person a
23preliminary proposed revision to the Educational Facility
24Master Plan to the Commission, each LSC, other local
25governments and agencies, and the Board.
26    (j) This proposed revision shall reflect the progress



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1achieved during the first 2 1/2 years of the master plan. The
2revision process must include the following:
3        (1) The CEO or his or her designees shall meet
4    regularly with all stakeholders to seek input on the
5    revision and updating of the Educational Facility Master
6    Plan.
7        (2) The CEO shall be guided by the recommendations
8    received from the public and other local governmental
9    bodies; and, on or before January 1, 2016 or 2 1/2 years
10    following adoption of an Educational Facility Master Plan,
11    whichever occurs later, the CEO shall submit a proposed
12    revision to the master plan to the Board for its approval.
13        (3) Within 30 days after the CEO submission, the Board
14    shall review and approve the revision to the Educational
15    Facility Master Plan, and, within 7 days of Board approval,
16    the revised Educational Facility Master Plan shall be
17    submitted to the Commission for approval.
18    (n) The process for Commission review and approval of the
19revised master plan update shall be the same as described in
20subsections (d) through (h) of this Section.
21    (105 ILCS 5/34-225 new)
22    Sec. 34-225. Capital Improvement Plan.
23    (a) As a foundation for development of the 5-year Capital
24Improvement Plan, the CEO shall establish a comprehensive
25process of annual school-based capital and facility



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1maintenance, operations, and repair budgeting and reporting no
2later than 90 days after the effective date of this amendatory
3Act of the 97th General Assembly.
4    (b) Notwithstanding any other provisions of this Code to
5the contrary, such regulations shall include provisions for the
7        (1) The annual development by the local school of a
8    school-based capital, maintenance, utility, and repair
9    needs assessment report and recommendations, aligned with
10    the educational program and goals of the local school.
11        (2) The allocation of capital, maintenance,
12    operations, and repair funds among schools on the basis of
13    objective formulae developed by the CEO, after
14    consultation with the Facility Planning Commission, and
15    approved by the Board; such formulae shall reflect the
16    relative educational and facility needs of the schools to
17    the maximum extent feasible.
18        (3) The review, modification, and approval of the
19    proposed school-based facility recommendations by the CEO.
20        (4) A collaborative school-based planning, technical
21    support, and training process involving parents, teachers,
22    other school personnel and, where appropriate, students to
23    effectuate the purposes of this Section.
24        (5) Procedures for schools to propose and the CEO to
25    modify and reallocate moneys in the annual capital budget,
26    to include a uniform system of CPS departmental and school



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1    budget requests and appropriations and a uniform system for
2    annual capital expenditure reports.
3    (c) The CEO shall prepare a 5-year Capital Improvement Plan
4no later than March 1st of every fiscal year.
5    (d) The annual capital plan shall include the following
6information for all capital projects for which moneys is to be
8        (1) a description of the scope of the project;
9        (2) justification for the project;
10        (3) the status of the project, including percentage
11    funded or unfunded and, if appropriate, percentage already
12    completed;
13        (4) the operating budget impact of the project;
14        (5) the name and number of each school and facility
15    receiving money;
16        (6) the first approved start and end date for all
17    projects, as well as the current dates;
18        (7) all funding sources, including TIFs and
19    anticipated or proposed future funding sources;
20        (8) the original approved cost at first approved start
21    date and current approved costs in the current annual
22    budget; and
23        (9) actual expenditures and encumbrances.
24    (e) The 5-year Capital Improvement Plan shall be based on
25school-based plans for facility capital, operating,
26maintenance, and repair budgeting and expenditures, as well as



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1district-wide educational facility goals, neighborhood plans,
2and space and facility standards and priorities as aligned with
3the approved 10-year Educational Facility Master Plan and
5    (f) Within amounts estimated by the CEO, the 5-year Capital
6Improvement Plan shall reflect the aggregation of the proposed
7school-based, facility-related priorities, as submitted by the
8principal of each school and as modified and approved by the
9Board, and include a proposed 5-year budget for the
10administrative and operational expenses of the CPS
11facility-related departments and the school district for
12submission to the Board and the Commission.
13    (g) In the case of shared facilities, equitable facility
14and site space utilization and investments shall be required
15between all school or instructional units co-located in that
16facility and stated in a written memorandum of understanding
17between all school or instructional units so co-located. All
18facility investments of $5,000 or more must be matched for the
19other school unit or units in the shared facility.
20    (h) The CEO shall submit the proposed 5-year Capital
21Improvement Plan to the Commission, all LSCs, and other local
22governments and agencies for their review and comment and shall
23submit a report of public and agency comments to the Commission
24following the public hearings.
25    (i) Prior to the CPS public hearings on the Capital
26Improvement Plan, the Commission shall prepare written



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1comments and recommendations on the Capital Improvement Plan
2and budget and certify whether the Capital Improvement Plan and
3budget is consistent with the approved Educational Facility
4Master Plan and facility standards.
5    (j) CPS shall hold at least 2 public hearings on the
6proposed 5-year Capital Improvement Plan and budget prior to
7the CEO's submission of the 5-year Capital Improvement Plan to
8the Board for adoption.
9    (k) The CEO shall make the proposed Capital Improvement
10Plan and budget available for public review and comment no less
11than 30 days prior to being adopted by the Board.
12    (l) The annual capital budget shall be approved by CPS at
13the beginning of the CPS fiscal year.
14    (m) The 5-year Capital Improvement Plan shall be
15implemented and administered according to the following:
16        (1) the CEO shall propose for adoption by the Board
17    such regulations as needed to create a transparent process
18    of distributing any reductions or increases required after
19    approval of the 5-year Capital Improvement Plan in an
20    equitable manner that considers the relative needs of all
21    schools to the maximum extent feasible and for modifying
22    the proposed 5-year Capital Improvement Plan accordingly;
23    and
24        (2) such process shall include an analysis of the
25    relative funding levels of the State, the city, the federal
26    government, and other sources of funds; a comparison of the



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1    level of such funding against previous years' total
2    appropriations and actual expenditures; an analysis of the
3    distribution of funds; and notification of school
4    principals and LSCs of any such reductions or increases.
5    (105 ILCS 5/34-230 new)
6    Sec. 34-230. Financial transparency.
7    (a) The CEO shall provide the Board and the Commission with
8an Annual Capital Expenditure Report within 30 days after the
9end of the CPS fiscal year end that is aligned with the annual
10capital budget line items and projects, which shall be made
11available and accessible to the public via the CPS Internet
13    (b) The annual capital expenditure report shall include the
15        (1) expenditures for any and every project on which
16    funds were expended in that fiscal year, even if the
17    project was not initiated or completed in the fiscal year;
18        (2) identification of capital projects that aligned
19    with the school-based facility needs assessment and
20    recommendations of school principals or were the result of
21    other public input;
22        (3) the levels of appropriation actually provided for
23    that fiscal year by the city, the State, and the federal
24    government, with a comparison of the level of such funding
25    against previous years' totals; and



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1        (4) a summary overview explanation of the final budget.
2    (c) The CEO shall provide the Board and the Commission with
3a report on lease or use agreements for all CPS-owned and
4non-CPS owned facilities in which public schools operate, which
5shall be made available and accessible to the public via the
6CPS Internet website by the beginning of each CPS fiscal year
7and updated on or before January 1st of each fiscal year.
8    (d) The Lease or Use Agreements Report for CPS-owned
9facilities shall include the following information:
10        (1) the terms and conditions of all CPS-owned space
11    agreements for co-location, joint use, and shared use;
12        (2) all parties to the agreement, with the user name as
13    well as the full legal name of the fiduciary of the user
14    entity, including sub-lessees and sub-lessors;
15        (3) the length of the agreement;
16        (4) the financial terms of the agreement, including all
17    items of consideration that may or may not be financial in
18    nature;
19        (5) the formula for how much space is part of the
20    agreement, the schedule for use, and the calculation for
21    arriving at the cost;
22        (6) a description of any capital improvement
23    agreements made by CPS and the amount of funds appropriated
24    by CPS for such capital improvement agreements;
25        (7) terms for operating costs for utilities,
26    maintenance, repair, security, and insurance;



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1        (8) if appropriate, the actual revenue received by CPS
2    from the non-school user each year;
3        (9) the terms of any non-financial agreement
4    associated with the use of CPS space;
5        (10) lease or use agreements for non-CPS owned
6    facilities in which public schools, including charter
7    public schools, operate, as specified in subsections (1)
8    through (9) of this subsection (b); and
9        (11) for CPS charter schools operating in non-CPS owned
10    facilities that have been newly constructed or procured by
11    the initiative of such charter schools, the cost of new
12    construction or renovation and the amounts of all sources
13    of external funding and financing used to undertake such
14    new construction or renovation of non-CPS owned charter
15    facilities; and the operating costs for utilities,
16    maintenance, repair, security, and insurance for such
17    facilities if not otherwise accounted for in the Lease or
18    Use Agreements Report.
19    (e) The Commission shall select an independent auditor to
20conduct periodic audits of the CPS 5-year Capital Improvement
21Plan or annual capital budget and expenditure reports, at a
22minimum, at least once every 3 years. Such an audit shall
23review a set of specific projects recommended by the Commission
24and shall include projects having been or currently being
25undertaken directly by CPS, as well as those capital projects
26carried out on behalf of CPS by the Chicago Public Building



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1Commission. The periodic audit shall do the following:
2        (1) examine the quality of project specific planning,
3    design, and construction;
4        (2) examine the efficiency, fairness, and
5    effectiveness of project management, construction
6    management, and procurement processes and procedures;
7        (3) examine the cost of the project, including review
8    of change orders and contingencies, as well as in relation
9    to the quality of design and materials;
10        (4) review the actual impact on operating costs; and
11        (5) review the schedule of the projects, comparing the
12    first approved start and finish dates and the actual start
13    and finish dates.
14    (g) To facilitate the audit process and minimize their
15cost, the CPS and Chicago Public Building Commission shall
16require that all project architects, engineers, and
17contractors utilize a uniform, Internet web-based
18comprehensive project management and construction management
19software system, to be selected by CPS in coordination with and
20with the input of the Chicago Public Building Commission.
21    (h) The cost of such periodic audits shall be paid by CPS
22from State funds provided to the school district for
23educational facility capital projects.
24    (105 ILCS 5/34-235 new)
25    Sec. 34-235. Facility information and accountability.



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1    (a) No later than 90 days after the effective date of this
2amendatory Act of the 97th General Assembly, and every August 1
3thereafter, the CEO shall provide local school principals with
4an actual school-based budget and allocation for capital and
5facility maintenance, utilities, and repairs for their
6upcoming school year and a proposed school-based budget and
7allocation for capital and facility maintenance, utilities,
8and repairs for the next fiscal year. In co-location schools,
9the principals shall be given the total school budgets and
10allocations, as well as the individual allocations made between
11the school organizations sharing the school.
12    (b) Each year the school building shall be assessed by a
13facilities team, and the local school shall be given a copy of
14the detailed assessment report and an explanation of the
15meaning of the findings of the report within 30 days after the
16completion of the assessment.
17    (c) CPS shall establish a longitudinal facility data system
18of all CPS educational facilities in which classroom
19instruction or student, teacher, and family support services
20and training are provided, as well as administrative and
21operational facilities, whether owned or leased.
22    (d) The inventory of schools and buildings shall be linked
23to its financial budget and report documents, as well as to a
24comprehensive project management and construction management
25information process and system.
26    (e) The longitudinal facility database shall include the



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1following data elements:
2        (1) a list of all CPS-owned facilities and facilities
3    leased by CPS, by common street address;
4        (2) data on each educational facility, including:
5            (A) building and site square footage;
6            (B) age of building and additions;
7            (C) the most current assessment of the building and
8        grounds;
9            (D) building capacity and utilization;
10            (E) a description of capital investment by school
11        and building and by project, by year; and
12            (F) student demographics and risk factors,
13        enrollment, attendance rates, and measures of learning
14        and academic success, including, but not limited to
15        race and ethnicity, poverty rate, housing status, and
16        students with special needs, such as physical
17        disabilities, mental health, parental status,
18        educational needs, homeless students, students who are
19        young parents, English language learners, wards of the
20        State (such as foster children and youth), and students
21        involved in the juvenile justice system;
22        (3) history and current annual operating costs for
23    utilities, maintenance, and repairs; and
24        (4) revenue from disposition of closed schools or use
25    agreements with currently operating schools or buildings.



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1    (105 ILCS 5/34-240 new)
2    Sec. 34-240. Protective requirements.
3    (a) The CEO shall prepare an Educational Impact Statement
4for any school action proposed by CPS.
5    (b) The Educational Facility Master Plan and plan revisions
6shall include an Educational Impact Statement for any pending
7or anticipated school action.
8    (c) The Educational Impact Statement shall also include the
9transition plan for affected students and staff.
10    (d) The Educational Impact Statement shall include the
12        (1) the current and projected pupil enrollment of the
13    affected schools, the current facility utilization by
14    students and the community or other users, and a
15    description of the affected student population, including
16    attendance rates, race and ethnicity, poverty rate,
17    housing status, and students with special needs, including
18    parental status, housing status, English language
19    learners, wards of the State (such as foster children and
20    youth), and students involved in the juvenile justice
21    system;
22        (2) the type, age, and physical condition of the
23    affected school buildings, maintenance, energy costs,
24    recent or planned building improvements, and descriptions
25    of the affected building's special features;
26        (3) information regarding the academic standing of the



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1    students in the affected schools;
2        (4) estimated costs and savings, if any, related to
3    personnel, instruction, administration, transportation,
4    and other support services, that result from the school
5    action;
6        (5) the impact of the proposed school closing on all
7    affected students or community users;
8        (6) an outline of any proposed or potential use of the
9    school building for other educational programs or
10    administrative services; and
11        (7) the ability and capacity of other schools in the
12    affected community to accommodate pupils following the
13    school closure or significant change in school
14    utilization.
15    (e) The Educational Impact Statement shall be made publicly
16available, including via the CPS Internet website, and
17available at the CPS central office, and provided to the
18impacted LSCs or, in the case of schools without duly elected
19LSCs, other parent/guardian advisory body and school-based
20management team at least 9 months in advance of the first day
21of school in the succeeding school year.
22    (f) No sooner than 30 days, but no later than 45 days,
23following the filing of the Educational Impact Statement, the
24CEO or his or her designee shall hold a joint public hearing
25with the impacted LSC and school-based management team at the
26schools subject to the proposed school closing or significant



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1change in school utilization, including those schools
2designated as receiving schools or to be co-located, and shall
3allow all interested parties an opportunity to present comments
4or concerns regarding the proposed school closing or
5significant change in school utilization. The CEO shall ensure
6that notice of such hearing is widely and conspicuously posted
7in such a manner to maximize the number of affected individuals
8that receive notice, including providing notice to affected
9parents and students, and shall also notify members of the
10LSCs, community-based organizations, and the elected State and
11local officials who represent the affected community.
12    (g) So long as the revised proposal does not impact any
13school other than a school that was identified in the initial
14Educational Impact Statement, the CEO, after receiving public
15input, may substantially revise the proposed school closing or
16significant change in school utilization, provided that the CEO
17shall prepare a revised Educational Impact Statement in the
18form prescribed in this subsection (g) and publish and file
19such Educational Impact Statement in the same manner as
20prescribed in this subsection (g). No sooner than 15 days
21following the filing of such revised Educational Impact
22Statement, the CEO or his or her designee shall hold a joint
23public hearing with the impacted LSC and school-based
24management team at the schools subject to the proposed school
25closing or significant change in school utilization, including
26those schools designated as receiving schools or to be



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1co-located, and shall allow all interested parties an
2opportunity to present comments and concerns regarding such
3proposal. The CEO shall ensure that notice of such hearing is
4widely and conspicuously posted in such a manner as to maximize
5the number of affected individuals that receive notice,
6including providing notice to affected parents and students,
7and shall also notify members of the LSCs, community-based
8organizations, and the elected State and local officials who
9represent the affected community district.
10    (h) The Commission must certify that CPS has complied with
11the EdIS provisions of this Section prior to a final vote by
12the Board.
13    (i) Except as otherwise provided in the emergency closing
14procedures of this Section, all proposed school closings or
15significant changes in school utilization shall be approved by
16the Board pursuant to this Article and shall not take effect
17until all of the provisions of this Section have been satisfied
18and the school year in which such Board approval was granted
19has ended.
20    (j) In the event that the CEO determines that a school
21closing or significant change in school utilization is
22immediately necessary for the preservation of student health,
23safety, or general welfare, the CEO may temporarily close a
24public school. Such emergency school closing shall remain in
25effect for no more than one month; during such time the CEO
26shall comply with the requirements of this Section in order for



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1any such emergency school closure to extend beyond the
2one-month period or for the initiation of any significant
3change in school utilization to be adopted. During this period,
4the Commission shall be convened to determine the need for the
5emergency closure and grant approval for the remedial measures.
6If the Commission approves the determination of an emergency
7closure, then the closure may be extended for an additional
8month to accommodate the remediation. If the Commission fails
9to approve the emergency findings, then the proposed emergency
10school action shall be reversed and the Commission shall
11determine the appropriate accommodations to be made to the
12affected students.
13    (k) In the event that, notwithstanding the satisfactory
14completion of the EdIS, substantial opposition to the planned
15school action remains in the affected schools and community, a
16binding arbitration process may be requested, provided that the
17following are met:
18        (1) a minimum of at least 10 parents/guardians of
19    currently enrolled students petition the Commission to
20    request independent arbitration, by submitting a statement
21    to the Commission and Board stating why they believe the
22    EdIS process as prescribed in this Article was not followed
23    or did not adequately address the educational needs and
24    well-being of the impacted students;
25        (2) the Commission reviews and votes to consider the
26    merits of the petitioners' objections; and



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1        (3) following such Commission vote and approval,
2    petitioners seeking independent arbitration must secure
3    signatures in support of the request for independent
4    arbitration from a number of parents equal to or exceeding
5    a majority of the number of students enrolled at the
6    affected school on the official count date of the school
7    year.
8    (l) If the conditions in subsection (k) are met, the
9Commission Chairperson shall (i) establish a temporary special
10committee comprised of at least 3 Commission members, including
11the CPS designee to the Commission, along with at least one LSC
12member from the affected school and one member of the affected
13community, to oversee the arbitration process and (ii)
14designate an independent arbitrator, whose findings and
15recommendations shall be submitted to the Commission for review
16and certification. If the independent arbitrator finds a
17violation of the EdIS provisions of this Article or other
18evidence that the planned school action would inflict
19measurable harm to students' educational needs and well-being,
20the Commission shall reverse the school action.
21    (m) A similar petition process in accordance with
22subsection (k) of this Section shall be available to the
23parents/guardians, students, and staff of any school affected
24by emergency school actions, and, in such case, the 3-member
25Commission shall have the power to stay the school action until
26compliance with the student or school transition plan is



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2    (n) If the Board approves and undertakes a school action,
3then the CEO or his or her designee shall work collaboratively
4with local school educators and families of impacted public
5schools to ensure successful integration of affected students
6into new learning environments.
7    (o) The CEO or his or her designee shall prepare and
8implement a Student Transition Plan to support students in the
9wake of school actions developed in conjunction with the school
10and families affected.
11    (p) The CEO must identify and commit specific resources for
12implementation of the Student Transition Plan for a minimum of
13the full first academic year of the transition. This shall
14include a specific funding commitment, any necessary academic
15or social supports, and related activities for the students and
16staff, as well as increased security and safety measures
17required to accommodate the additional students.
18    (q) The Student Transition Plan shall do the following:
19        (1) be developed based upon an individual assessment of
20    the students' needs, including social adjustment needs,
21    with involvement of the teachers, the IEP team in the case
22    of a special education student, and parents/guardians;
23        (2) allow an array of school choices and ensure access
24    to significantly higher-quality schools (for example,
25    those schools meeting or exceeding the No Child Left Behind
26    AYP or Annual Yearly Progress for the academic year in



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1    which the school action is proposed);
2        (3) include counseling regarding the choice of schools
3    that includes all pertinent information to enable the
4    parent/guardian and child to make an informed choice,
5    including the option to visit the schools of choice prior
6    to making a decision; and
7        (4) include the provision of appropriate
8    transportation.
9    (r) If, after duly completing the EdIS, the Board approves
10and undertakes school actions (including closings, phase-outs,
11consolidations, boundary changes, co-location, turn-arounds,
12charter school creation, or re-structuring of grade
13configurations), then the CEO or his or her designee shall work
14collaboratively with local school educators and families of
15impacted public schools to ensure successful integration of
16affected students into new learning environments.
17    (s) The CEO shall provide that students affected or
18displaced by the approved school action have access to CPS
19selective enrollment school options by allowing such students
20to apply for admission notwithstanding any other
21CPS-prescribed application deadlines.
22    (105 ILCS 5/34-245 new)
23    Sec. 34-245. Transition period.
24    (a) Within 60 days after the effective date of this
25amendatory Act of the 97th General Assembly, the Commission



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1shall be appointed and hold its first meeting.
2    (b) The Commission shall assist CPS in formulating the
3policies of this amendatory Act of the 97th General Assembly.
4    (c) The Commission shall address and report on any school
5actions pending on the effective date of this amendatory Act of
6the 97th General Assembly or previously proposed in the final 6
7months of the CPS academic year prior to the effective date of
8this amendatory Act of the 97th General Assembly at its first
9meeting and until such time as the Educational Facility Master
10Plan is approved, at which point the Commission shall operate
11as prescribed within this Article.
12    (d) During this period of transition, the Commission shall
13take necessary steps to ensure that the educational objectives
14and the safety of all students is considered in all school
16    (105 ILCS 5/34-250 new)
17    Sec. 34-250. Penalties. No State funds may be appropriated
18or made available under Illinois law to a board of education
19may be used for capital expenditures (such as building
20improvements) or to pay for direct costs associated with school
21actions or school maintenance unless the school board has in
22place the policies required under this Article and is otherwise
23in compliance with all other requirements of this amendatory
24Act of the 97th General Assembly. This shall apply to Capital
25funds authorized under the School Construction Law or funding



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1requests made by specific members of the General Assembly.
2    Section 99. Effective date. This Act takes effect upon
3becoming law.