Rep. Cynthia Soto

Filed: 5/31/2011





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2    AMENDMENT NO. ______. Amend Senate Bill 620 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by renumbering and
5changing Section 34-18.37 as added by Public Act 96-803 and by
6adding the heading preceding Section 34-200 and Sections
734-200, 34-205, 34-210, 34-215, 34-220, 34-225, 34-230, and
834-235 as follows:
9    (105 ILCS 5/34-18.43)
10    Sec. 34-18.43 34-18.37. Establishing an equitable and
11effective school facility development process.
12    (a) The General Assembly finds all of the following:
13        (1) The Illinois Constitution recognizes that a
14    "fundamental goal of the People of the State is the
15    educational development of all persons to the limits of
16    their capacities".



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1        (2) Quality educational facilities are essential for
2    fostering the maximum educational development of all
3    persons through their educational experience from
4    pre-kindergarten through high school.
5        (3) The public school is a major institution in our
6    communities. Public schools offer resources and
7    opportunities for the children of this State who seek and
8    deserve quality education, but also benefit the entire
9    community that seeks improvement through access to
10    education.
11        (4) The equitable and efficient use of available
12    facilities-related resources among different schools and
13    among racial, ethnic, income, and disability groups is
14    essential to maximize the development of quality public
15    educational facilities for all children, youth, and
16    adults. The factors that impact the equitable and efficient
17    use of facility-related resources vary according to the
18    needs of each school community. Therefore, decisions that
19    impact school facilities should include the input of the
20    school community to the greatest extent possible.
21        (5) School openings, school closings, school
22    consolidations, school turnarounds, school phase-outs,
23    school construction, school repairs, school
24    modernizations, school boundary changes, and other related
25    school facility decisions often have a profound impact on
26    education in a community. In order to minimize the negative



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1    impact of school facility decisions on the community, these
2    decisions should be implemented according to a clear
3    system-wide criteria and with the significant involvement
4    of local school councils, parents, educators, and the
5    community in decision-making.
6        (6) The General Assembly has previously stated that it
7    intended to make the individual school in the City of
8    Chicago the essential unit for educational governance and
9    improvement and to place the primary responsibility for
10    school governance and improvement in the hands of parents,
11    teachers, and community residents at each school. A school
12    facility policy must be consistent with these principles.
13    (b) In order to ensure that school facility-related
14decisions are made with the input of the community and reflect
15educationally sound and fiscally responsible criteria, a
16Chicago Educational Facilities Task Force shall be established
17within 15 days after the effective date of this amendatory Act
18of the 96th General Assembly.
19    (c) The Chicago Educational Facilities Task Force shall
20consist of all of the following members:
21        (1) Two members of the House of Representatives
22    appointed by the Speaker of the House, at least one of whom
23    shall be a member of the Elementary & Secondary Education
24    Committee.
25        (2) Two members of the House of Representatives
26    appointed by the Minority Leader of the House, at least one



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1    of whom shall be a member of the Elementary & Secondary
2    Education Committee.
3        (3) Two members of the Senate appointed by the
4    President of the Senate, at least one of whom shall be a
5    member of the Education Committee.
6        (4) Two members of the Senate appointed by the Minority
7    Leader of the Senate, at least one of whom shall be a
8    member of the Education Committee.
9        (5) Two representatives of school community
10    organizations with past involvement in school facility
11    issues appointed by the Speaker of the House.
12        (6) Two representatives of school community
13    organizations with past involvement in school facility
14    issues appointed by the President of the Senate.
15        (7) The chief executive officer of the school district
16    or his or her designee.
17        (8) The president of the union representing teachers in
18    the schools of the district or his or her designee.
19        (9) The president of the association representing
20    principals in the schools of the district or his or her
21    designee.
22    (d) The Speaker of the House shall appoint one of the
23appointed House members as a co-chairperson of the Chicago
24Educational Facilities Task Force. The President of the Senate
25shall appoint one of the appointed Senate members as a
26co-chairperson of the Chicago Educational Facilities Task



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1Force. Members appointed by the legislative leaders shall be
2appointed for the duration of the Chicago Educational
3Facilities Task Force; in the event of a vacancy, the
4appointment to fill the vacancy shall be made by the
5legislative leader of the same chamber and party as the leader
6who made the original appointment.
7    (e) The Chicago Educational Facilities Task Force shall
8call on independent experts, as needed, to gather and analyze
9pertinent information on a pro bono basis, provided that these
10experts have no previous or on-going financial interest in
11school facility issues related to the school district. The
12Chicago Educational Facilities Task Force shall secure pro bono
13expert assistance within 15 days after the establishment of the
14Chicago Educational Facilities Task Force.
15    (f) The Chicago Educational Facilities Task Force shall be
16empowered to gather further evidence in the form of testimony
17or documents or other materials.
18    (g) The Chicago Educational Facilities Task Force, with the
19help of the independent experts, shall analyze past Chicago
20experiences and data with respect to school openings, school
21closings, school consolidations, school turnarounds, school
22phase-outs, school construction, school repairs, school
23modernizations, school boundary changes, and other related
24school facility decisions on students. The Chicago Educational
25Facilities Task Force shall consult widely with stakeholders,
26including public officials, about these facility issues and



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1their related costs and shall examine relevant best practices
2from other school systems for dealing with these issues
3systematically and equitably. These initial investigations
4shall include opportunities for input from local stakeholders
5through hearings, focus groups, and interviews.
6    (h) The Chicago Educational Facilities Task Force shall
7prepare final recommendations on or before October 30, 2009
8describing how the issues set forth in subsection (g) of this
9Section can be addressed effectively based upon educationally
10sound and fiscally responsible practices.
11    (i) The Chicago Educational Facilities Task Force shall
12hold hearings in separate areas of the school district at times
13that shall maximize school community participation to obtain
14comments on draft recommendations. The final hearing shall take
15place no later than 15 days prior to the completion of the
16final recommendations.
17    (j) The Chicago Educational Facilities Task Force shall
18prepare final proposed policy and legislative recommendations
19for the General Assembly, the Governor, and the school
20district. The recommendations may address issues, standards,
21and procedures set forth in this Section. The final
22recommendations shall be made available to the public through
23posting on the school district's Internet website and other
24forms of publication and distribution in the school district at
25least 7 days before the final recommendations are submitted to
26the General Assembly, the Governor, and the school district.



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1    (k) The final recommendations may address issues of
2system-wide criteria for ensuring clear priorities, equity,
3and efficiency.
4    Without limitation, the final recommendations may propose
5significant decision-making roles for key stakeholders,
6including the individual school and community; recommend clear
7criteria or processes for establishing criteria for making
8school facility decisions; and include clear criteria for
9setting priorities with respect to school openings, school
10closings, school consolidations, school turnarounds, school
11phase-outs, school construction, school repairs, school
12modernizations, school boundary changes, and other related
13school facility decisions, including the encouragement of
14multiple community uses for school space.
15    Without limitation, the final recommendations may propose
16criteria for student mobility; the transferring of students to
17lower performing schools; teacher mobility; insufficient
18notice to and the lack of inclusion in decision-making of local
19school councils, parents, and community members about school
20facility decisions; and costly facilities-related expenditures
21due to poor educational and facilities planning.
22    (l) The State Board of Education and the school district
23shall provide administrative support to the Chicago
24Educational Facilities Task Force.
25    (m) After recommendations have been issued, the Chicago
26Educational Facilities Task Force shall meet at least once



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1annually, upon the call of the chairs, for the purpose of
2reviewing Chicago public schools' compliance with the
3provisions of Sections 34-200 through 34-235 of this Code
4concerning school action and facility master planning. The Task
5Force shall prepare a report to the General Assembly, the
6Governor's Office, the Mayor of the City of Chicago, and the
7Chicago Board of Education indicating how the district has met
8the requirements of the provisions of Sections 34-200 through
934-235 of this Code concerning school action and facility
10master planning.
11(Source: P.A. 96-803, eff. 10-30-09.)
12    (105 ILCS 5/prec. Sec. 34-200 heading new)

14    (105 ILCS 5/34-200 new)
15    Sec. 34-200. Definitions. For the purposes of Sections
1634-200 through 34-235 of this Article:
17    "Capital improvement plan" means a plan that identifies
18capital projects to be started or finished within the
19designated period, excluding projects funded by locally-raised
20capital not exceeding $10,000.
21    "Community area" means a geographic area of the City of
22Chicago defined by the chief executive officer as part of the
23development of the educational facilities master plan.
24    "Space utilization" means the percentage achieved by



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1dividing the school's actual enrollment by its design capacity.
2    "School closing" or "school closure" means the closing of a
3school, the effect of which is the assignment and transfer of
4all students enrolled at that school to one or more designated
5receiving schools.
6    "School consolidation" means the consolidation of 2 or more
7schools by closing one or more schools and reassigning the
8students to another school.
9    "Phase-out" means the gradual cessation of enrollment in
10certain grades each school year until a school closes or is
11consolidated with another school.
12    "School action" means any school closing, school
13consolidation, co-location, boundary change if the boundary
14change forces a student transfer, or phase-out.
15    (105 ILCS 5/34-205 new)
16    Sec. 34-205. Educational facility standards.
17    (a) By December 31, 2011, the district shall publish space
18utilization standards on the district's website. The standards
19shall include the following:
20        (1) the method by which design capacity is calculated,
21    including consideration of the requirements of elementary
22    and secondary programs, shared campuses, after school
23    programming, the facility needs, grade and age ranges of
24    the attending students, and use of school buildings by
25    governmental agencies and community organizations;



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1        (2) the method to determine efficient use of a school
2    building based upon educational program design capacity;
3        (3) the rate of utilization; and
4        (4) the standards for overcrowding and
5    underutilization.
6    (b) The chief executive officer or his or her designee
7shall publish a space utilization report for each school
8building operated by the district on the district's website by
9December 31 of each year.
10    (c) The facility performance standards provisions are as
12        (1) On or before December 31, 2011, the chief executive
13    officer shall propose minimum and optimal facility
14    performance standards for thermal comfort, daylight,
15    acoustics, indoor air quality, furniture ergonomics for
16    students and staff, technology, life safety, ADA
17    accessibility, plumbing and washroom access, environmental
18    hazards, and walkability.
19        (2) The chief executive officer shall conduct at least
20    one public hearing and submit the proposed educational
21    facilities standards to each local school council and to
22    the Chicago Public Building Commission for review and
23    comment prior to submission to the Board.
24        (3) After the chief executive officer has incorporated
25    the input and recommendations of the public and the Chicago
26    Public Building Commission, the chief executive officer



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1    shall issue final facility performance standards.
2        (4) The chief executive officer is authorized to amend
3    the facility performance standards following the
4    procedures in this Section.
5        (5) The final educational facility space utilization
6    and performance standards shall be published on the
7    district's Internet website.
8    (105 ILCS 5/34-210 new)
9    Sec. 34-210. The Educational Facility Master Plan.
10    (a) In accordance with the schedule set forth in this
11Article, the chief executive officer or his or her designee
12shall prepare a 10-year educational facility master plan every
135 years, with updates 2 1/2 years after the approval of the
14initial 10-year plan, with the first such educational facility
15master plan to be approved on or before July 1, 2013.
16    (b) The educational facility master plan shall provide
17community area level plans and individual school master plans
18with options for addressing the facility and space needs for
19each facility operated by the district over a 10-year period.
20    (c) The data, information, and analysis that shall inform
21the educational facility master plan shall be published on the
22district's Internet website and shall include the following:
23        (1) a description of the district's guiding
24    educational goals and standards;
25        (2) a brief description of the types of instructional



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1    programs and services delivered in each school;
2        (3) a description of the process, procedure, and
3    timeline for community participation in the development of
4    the plan;
5        (4) the enrollment capacity of each school and its rate
6    of utilization;
7        (5) a report on the assessment of individual building
8    and site conditions;
9        (6) a data table with historical and projected
10    enrollment data by school by grade;
11        (7) community analysis, including a study of current
12    and projected demographics, land usage, transportation
13    plans, residential housing and commercial development,
14    private schools, plans for water and sewage service
15    expansion or redevelopment, and institutions of higher
16    education;
17        (8) an analysis of the facility needs and requirements
18    of the district; and
19        (9) identification of potential sources of funding for
20    the implementation of the Educational Facility Master
21    Plan.
22    (d) On or before January 1, 2013, the chief executive
23officer or his or her designee shall prepare and distribute for
24comment a preliminary draft of the Educational Facility Master
25Plan. The draft plan shall be distributed to the City of
26Chicago, the County of Cook, the Chicago Park District, the



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1Chicago Housing Authority, the Chicago Transit Authority,
2attendance centers operated by the district, and charter
3schools operating within the district. Each attendance center
4shall make the draft plan available to the local school council
5or alternative advisory body and to the parents, guardians, and
6staff of the school. The draft plan also shall be distributed
7to each State Senator and State Representative with a district
8in the City of Chicago, to the Mayor of the City of Chicago,
9and to each alderman of the City.
10    (e) The chief executive or his or her designee shall
11publish a procedure for conducting public hearings and
12submitting public comments on the draft plan.
13    (f) After consideration of public input on the draft plan,
14the chief executive officer or his or her designee shall
15prepare and publish a report describing the process used to
16incorporate public input in the development of the final plan
17to be recommended to the Board.
18    (g) The chief executive officer shall present the final
19plan and report to the Board for final consideration and
21    (h) The final approved Educational Facility Master Plan
22shall be published on the district's website.
23    (i) No later than January 1, 2016, and every 5 years
24thereafter, the chief executive officer or his or her designee
25shall prepare and submit for public comment a draft revised
26Educational Facility Master Plan following the procedures



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1required for development of the original plan.
2    (j) This proposed revised plan shall reflect the progress
3achieved during the first 2 1/2 years of the Educational
4Facility Master Plan.
5    (105 ILCS 5/34-215 new)
6    Sec. 34-215. Capital improvement plans.
7    (a) The district shall develop a capital needs review
8process and one-year and 5-year capital improvement plans.
9    (b) By January 1, 2012, the chief executive officer or his
10or her designee shall establish a capital needs review process
11that includes a comprehensive bi-annual assessment of the
12capital needs at each facility owned, leased, or operated by
13the district. The review process shall include development of
14an assessment form to be used by attendance centers to provide
15a school-based capital, maintenance, utility, and repair needs
16assessment report and recommendations aligned with the
17educational program and goals of the attendance center.
18    (c) Beginning with fiscal year 2013 and for each year
19thereafter, the chief executive officer shall publish a
20proposed one-year capital improvement plan at least 60 days
21prior to the end of the prior fiscal year. The proposed
22one-year capital improvement plan shall be posted on the
23district's Internet website and shall be subject to public
24review and comment and at least 3 public hearings. The one-year
25capital improvement plan shall include the following



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1information for all capital projects for which funds are to be
3        (1) description of the scope of the project;
4        (2) justification for the project;
5        (3) status of the project, including, if appropriate,
6    percentage funded, percentage complete, and approved start
7    and end dates;
8        (4) original approved cost and current approved cost
9    for each project;
10        (5) the impact of the project on the district's
11    operating budget;
12        (6) the name of each school and facility affected by a
13    project;
14        (7) all funding sources for the project;
15        (8) any relationship of the project to the needs
16    assessment submitted by the attendance center; and
17        (9) any relationship to the district's 10-year
18    Educational Facilities Master Plan.
19    (d) The chief executive officer shall present a final
20proposed one-year capital improvement plan to the Board for
22    (e) The Board shall adopt a final one-year capital
23improvement plan no more than 45 days after adopting the annual
25    (f) Beginning with fiscal year 2013, the chief executive
26officer shall publish a proposed 5-year capital improvement



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1plan with the proposed one-year capital improvement plan. The
25-year capital improvement plan shall include proposed capital
3improvements for the next 4 years and, to the extent
4practicable, the same information for each proposed project
5that is required for the one-year capital improvement plan.
6    (g) The 5-year capital improvement plan shall be assessed
7annually. An annual report shall be published explaining the
8differences between projected capital projects in the 5-year
9capital improvement plan and the capital projects authorized in
10the proposed one-year capital improvement plan for the
11following fiscal year. The 5-year plan shall be published on
12the district's Internet website and distributed to all
14    (105 ILCS 5/34-220 new)
15    Sec. 34-220. Financial transparency.
16    (a) The chief executive officer shall provide the Board
17with an annual capital expenditure report within 90 days after
18the end of the fiscal year. The report shall be published on
19the district's Internet website.
20    (b) The annual capital expenditure report shall include the
22        (1) expenditures on all facilities in which students
23    enrolled in the district receive instruction for all
24    capital projects on which funds were expended in that
25    fiscal year, even if the project was not initiated or



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1    completed in the fiscal year;
2        (2) identification of capital projects that aligned
3    with the school-based facility needs assessment and
4    recommendations of school principals or were the result of
5    other public input;
6        (3) the levels of appropriation actually provided to
7    the district for capital projects in the fiscal year by the
8    city, the State, and the federal government, with a
9    comparison of the level of such funding against funding
10    levels for the prior 5 years; and
11        (4) a summary comparison of annual capital expenses and
12    the corresponding one-year capital improvement plan.
13    (c) A list of all property owned by or leased to the Board
14shall be published on the district's Internet website by
15January 1, 2012, and shall be updated annually. For each
16property listed, the most recent facility standards review and
17any capital improvement projects that are pending or planned or
18have been completed in the 2-year period prior to publication
19shall be outlined.
20    (d) All lease agreements in which the Board is a lessor or
21lessee shall be published on the district's Internet website
22for the duration of the lease. Temporary facility use, right of
23entry, and other temporary license agreements not exceeding one
24year in duration are not subject to this requirement.
25    (e) The district shall publish on the district's Internet
26website a summary of the lease agreements in which the Board is



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1a lessor or lessee, including the following:
2        (1) a description of the leasehold;
3        (2) the full legal name of the parties to the
4    agreement;
5        (3) the term of the agreement;
6        (4) the rent amount; and
7        (5) the party responsible for maintenance, capital
8    improvements, utilities, and other expenses.
9    (105 ILCS 5/34-225 new)
10    Sec. 34-225. School transition plans.
11    (a) If the Board approves a school action, the chief
12executive officer or his or her designee shall work
13collaboratively with local school educators and families of
14students attending a school that is the subject of a school
15action to ensure successful integration of affected students
16into new learning environments.
17    (b) The chief executive officer or his or her designee
18shall prepare and implement a school transition plan to support
19students attending a school that is the subject of a school
20action that accomplishes the goals of this Section. The chief
21executive must identify and commit specific resources for
22implementation of the school transition plan for a minimum of
23the full first academic year after the board approves a school
25    (c) The school transition plan shall include the following:



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1        (1) services to support the academic, social, and
2    emotional needs of students; supports for students with
3    disabilities, homeless students, and English language
4    learners; and support to address security and safety
5    issues;
6        (2) options to enroll in higher performing schools;
7        (3) counseling regarding the choice of schools that
8    includes all pertinent information to enable the parent or
9    guardian and child to make an informed choice, including
10    the option to visit the schools of choice prior to making a
11    decision; and
12        (4) the provision of appropriate transportation where
13    practicable.
14    (105 ILCS 5/34-230 new)
15    Sec. 34-230. School action public meetings and hearings.
16    (a) By November 1 of each year, the chief executive officer
17shall prepare and publish guidelines for school actions. The
18guidelines shall outline the academic and non-academic
19criteria for a school action. These guidelines, and each
20subsequent revision, shall be subject to a public comment
21period of at least 21 days before their approval.
22    (b) The chief executive officer shall announce all proposed
23school actions to be taken at the close of the current academic
24year consistent with the guidelines, by December 1 of each



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1    (c) On or before December 1, 2011, the chief executive
2officer shall publish notice of the proposed school actions.
3        (1) Notice of the proposal for a school action shall
4    include a written statement of the basis for the school
5    action and an explanation of how the school action meets
6    the criteria set forth in the guidelines. This proposal
7    shall include a preliminary School Transition Plan
8    identifying the items required in Section 34-225 of this
9    Code for all schools affected by the school action.
10        (2) The chief executive officer or his or her designee
11    shall provide notice to the principal, staff, local school
12    council, and parents or guardians of any school that is
13    subject to the proposed school action.
14        (3) The chief executive officer shall provide written
15    notice of any proposed school action to the State Senator,
16    State Representative, and alderman for the school or
17    schools that are subject to the proposed school action.
18        (4) The chief executive officer shall publish notice of
19    proposed school actions on the district's Internet website
20    and in a newspaper of general circulation.
21        (5) The chief executive officer shall provide notice of
22    proposed school actions at least 30 calendar days in
23    advance of a public hearing or meeting. The notice shall
24    state the date, time, and place of the hearing or meeting.
25    No Board decision regarding a proposed school action may
26    take place less than 60 days after the announcement of the



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1    proposed school action.
2    (d) The chief executive officer shall designate at least 3
3opportunities to elicit public comment at a hearing or meeting
4on a proposed school action and shall do the following:
5        (1) Convene at least one public hearing at the
6    centrally located office of the Board.
7        (2) Convene at least 2 additional public hearings or
8    meetings at a location convenient to the school community
9    subject to the proposed school action.
10    (e) Public hearings shall be conducted by a qualified
11independent hearing officer chosen from a list of independent
12hearing officers. The general counsel shall compile and publish
13a list of independent hearing officers by November 1 of each
14school year. The independent hearing officer shall have the
15following qualifications:
16        (1) he or she must be a licensed attorney eligible to
17    practice law in Illinois;
18        (2) he or she must not be an employee of the Board; and
19        (3) he or she must not have represented the Board, its
20    employees or any labor organization representing its
21    employees, any local school council, or any charter or
22    contract school in any capacity within the last year.
23        (4) The independent hearing officer shall issue a
24    written report that summarizes the hearing and determines
25    whether the chief executive officer complied with the
26    requirements of this Section and the guidelines.



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1        (5) The chief executive officer shall publish the
2    report on the district's Internet website within 5 calendar
3    days after receiving the report and at least 15 days prior
4    to any Board action being taken.
5    (f) Public hearings shall be conducted by a representative
6of the chief executive officer. A summary of the public meeting
7shall be published on the district's Internet website within 5
8calendar days after the meeting.
9    (g) If the chief executive officer proposes a school action
10without following the mandates set forth in this Section, the
11proposed school action shall not be approved by the Board
12during the school year in which the school action was proposed.
13    (105 ILCS 5/34-235 new)
14    Sec. 34-235. Emergencies. Nothing in Sections 34-200
15through 34-235 of this Code prevents the district from taking
16emergency action to protect the health and safety of students
17and staff in an attendance center. In the event of an emergency
18that requires the district to close all or part of a school
19facility, including compliance with a directive of a duly
20authorized public safety agency, the chief executive officer or
21his or her designees are authorized to take all steps necessary
22to protect the safety of students and staff, including
23relocation of the attendance center to another location or
24closing the attendance center. In such cases, the chief
25executive officer shall provide written notice of the basis for



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1the emergency action within 3 days after declaring the
2emergency and shall publish the steps that have been taken or
3will be taken to address the emergency within 10 days after
4declaring the emergency. The notice shall be posted on the
5district's website and provided to the principal, the local
6school council, and the State Senator, the State
7Representative, and the Alderman of the school that is the
8subject of the emergency action. The notice shall explain why
9the district could not comply with the provisions in Sections
1034-200 through 34-235 of this Code.".