Illinois General Assembly - Full Text of SB2183
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Full Text of SB2183  99th General Assembly




State of Illinois
2015 and 2016


Introduced 10/20/2015, by Sen. Michael E. Hastings


105 ILCS 5/Art. 16A heading new
105 ILCS 5/16A-5 new
105 ILCS 5/16A-10 new
105 ILCS 5/16A-15 new
105 ILCS 5/16A-20 new
105 ILCS 5/16A-25 new
105 ILCS 5/16A-30 new
105 ILCS 5/16A-35 new
105 ILCS 5/16A-40 new
105 ILCS 5/16A-45 new

    Amends the School Code to include provisions concerning school action and facility master planning that apply to any school district whose school board has voted to approve a school closure after July 1, 2015 (other than the Chicago school district). Sets forth provisions concerning educational facility standards, an educational facility master plan, capital improvement plans, financial transparency, school transition plans, school action public meetings and hearings, and emergencies. Effective immediately.

LRB099 14420 NHT 38518 b






SB2183LRB099 14420 NHT 38518 b

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 Article 16A
5as follows:
6    (105 ILCS 5/Art. 16A heading new)

8    (105 ILCS 5/16A-5 new)
9    Sec. 16A-5. Applicability. This Article applies to any
10school district whose school board has voted to approve a
11school closure after July 1, 2015, other than a school district
12organized under Article 34 of this Code.
13    (105 ILCS 5/16A-10 new)
14    Sec. 16A-10. Definitions. In this Article:
15    "Capital improvement plan" means a plan that identifies
16capital projects to be started or finished within the
17designated period, excluding projects funded by locally raised
18capital not exceeding $10,000.
19    "Community area" means a geographic area of the school
20district defined by the superintendent as part of the
21development of the educational facilities master plan.



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1    "Space utilization" means the percentage achieved by
2dividing the school's actual enrollment by its design capacity.
3    "School closing" or "school closure" means the closing of a
4school, the effect of which is the assignment and transfer of
5all students enrolled at that school to one or more designated
6receiving schools.
7    "School consolidation" means the consolidation of 2 or more
8schools by closing one or more schools and reassigning the
9students to another school.
10    "Phase-out" means the gradual cessation of enrollment in
11certain grades each school year until a school closes or is
12consolidated with another school.
13    "School action" means any school closing, school
14consolidation, co-location, boundary change if the boundary
15change forces a student transfer, or phase-out.
16    (105 ILCS 5/16A-15 new)
17    Sec. 16A-15. Educational facility standards.
18    (a) On or before December 31, 2015, a district shall
19publish space utilization standards on the district's Internet
20website. The standards shall include all of the following:
21        (1) The method by which design capacity is calculated,
22    including consideration of the requirements of elementary
23    and secondary programs, shared campuses, after school
24    programming, the facility needs, grade and age ranges of
25    the attending students, and the use of school buildings by



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1    governmental agencies and community organizations.
2        (2) The method to determine efficient use of a school
3    building based upon educational program design capacity.
4        (3) The rate of utilization.
5        (4) The standards for overcrowding and
6    underutilization.
7    (b) The district's superintendent or his or her designee
8shall publish a space utilization report for each school
9building operated by the district on the district's Internet
10website on or before December 31 of each year.
11    (c) The facility performance standards provisions are as
13        (1) On or before December 31, 2015, the superintendent
14    shall propose minimum and optimal facility performance
15    standards for thermal comfort, daylight, acoustics, indoor
16    air quality, furniture ergonomics for students and staff,
17    technology, life safety, Americans with Disabilities Act
18    accessibility, plumbing and washroom access, environmental
19    hazards, and walkability.
20        (2) The superintendent shall conduct at least one
21    public hearing and submit the proposed educational
22    facilities standards to the school board for review and
23    comment prior to submission to the board.
24        (3) After the superintendent has incorporated the
25    input and recommendations of the public, the
26    superintendent shall issue final facility performance



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1    standards.
2        (4) The superintendent is authorized to amend the
3    facility performance standards following the procedures in
4    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 5/16A-20 new)
9    Sec. 16A-20. Educational facility master plan.
10    (a) In accordance with the schedule set forth in this
11Article, the superintendent or his or her designee shall
12prepare a 10-year educational facility master plan every 5
13years, with updates 2 and one-half years after the approval of
14the initial 10-year plan, with the first such educational
15facility master plan to be approved on or before July 1, 2016.
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 all of the
24        (1) A description of the district's guiding
25    educational goals and standards.



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1        (2) A brief description of the types of instructional
2    programs and services delivered in each school.
3        (3) A description of the process, procedure, and
4    timeline for community participation in the development of
5    the plan.
6        (4) The enrollment capacity of each school and its rate
7    of utilization.
8        (5) A report on the assessment of individual building
9    and site conditions.
10        (6) A data table with historical and projected
11    enrollment data by school by grade.
12        (7) Community analysis, including a study of current
13    and projected demographics, land usage, transportation
14    plans, residential housing and commercial development,
15    private schools, plans for water and sewage service
16    expansion or redevelopment, and institutions of higher
17    education.
18        (8) An analysis of the facility needs and requirements
19    of the district.
20        (9) Identification of potential sources of funding for
21    the implementation of the educational facility master
22    plan.
23    (d) On or before January 1, 2017, the superintendent or his
24or her designee shall prepare and distribute for comment a
25preliminary draft of the educational facility master plan. The
26draft plan shall be distributed to the school board, the local



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1collective bargaining unit, and the mayor of any community
2within the boundaries of the school district.
3    (e) The superintendent or his or her designee shall publish
4a procedure for conducting public hearings and submitting
5public comments on the draft plan.
6    (f) After consideration of public input on the draft plan,
7the superintendent or his or her designee shall prepare and
8publish a report describing the process used to incorporate
9public input in the development of the final plan to be
10recommended to the board.
11    (g) The superintendent shall present the final plan and
12report to the board for final consideration and approval.
13    (h) The final approved educational facility master plan
14shall be published on the district's Internet website.
15    (i) No later than January 1, 2020 and every 2 years
16thereafter until January 1, 2030, the superintendent or his or
17her designee shall prepare and submit for public comment a
18draft revised educational facility master plan following the
19procedures required for development of the original plan.
20    (j) This proposed revised plan shall reflect the progress
21achieved during the first 2 and one-half years of the
22educational facility master plan.
23    (105 ILCS 5/16A-25 new)
24    Sec. 16A-25. Capital improvement plans.
25    (a) The district shall develop a capital needs review



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1process and one-year and 5-year capital improvement plans.
2    (b) On or before January 1, 2016, the superintendent or his
3or her designee shall establish a capital needs review process
4that includes a comprehensive biannual assessment of the
5capital needs at each facility owned, leased, or operated by
6the district. The review process shall include development of
7an assessment form to be used by attendance centers to provide
8a school-based capital, maintenance, utility, and repair needs
9assessment report and recommendations aligned with the
10educational program and goals of the attendance center.
11    (c) Beginning with fiscal year 2018 and for each year
12thereafter, the superintendent shall publish a proposed
13one-year capital improvement plan at least 60 days prior to the
14end of the prior fiscal year. The proposed one-year capital
15improvement plan shall be posted on the district's Internet
16website and shall be subject to public review and comment and
17at least one public hearing. The one-year capital improvement
18plan shall include all of the following information for all
19capital projects for which funds are to be appropriated:
20        (1) A description of the scope of the project.
21        (2) The justification for the project.
22        (3) The status of the project, including, if
23    appropriate, the percentage funded, the percentage
24    complete, and the approved start and end dates.
25        (4) The original approved cost and current approved
26    cost for each project.



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1        (5) The impact of the project on the district's
2    operating budget.
3        (6) The name of each school and facility affected by a
4    project.
5        (7) All funding sources for the project.
6        (8) Any relationship of the project to the needs
7    assessment submitted by the attendance center.
8        (9) Any relationship to the district's 10-year
9    educational facility master plan.
10    (d) The superintendent shall present a final proposed
11one-year capital improvement plan to the school board for
13    (e) The board shall adopt a final one-year capital
14improvement plan no more than 45 days after adopting the annual
16    (f) Beginning with fiscal year 2018, the superintendent
17shall publish a proposed 5-year capital improvement plan with
18the proposed one-year capital improvement plan. The 5-year
19capital improvement plan shall include proposed capital
20improvements for the next 4 years and, to the extent
21practicable, the same information for each proposed project
22that is required for the one-year capital improvement plan.
23    (g) The 5-year capital improvement plan shall be assessed
24annually. An annual report shall be published explaining the
25differences between projected capital projects in the 5-year
26capital improvement plan and the capital projects authorized in



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1the proposed one-year capital improvement plan for the
2following fiscal year. The 5-year plan shall be published on
3the district's Internet website and distributed to all
5    (105 ILCS 5/16A-30 new)
6    Sec. 16A-30. Financial transparency.
7    (a) The superintendent shall provide the school board with
8an annual capital expenditure report within 90 days after the
9end of the fiscal year. The report shall be published on the
10district's Internet website.
11    (b) The annual capital expenditure report shall include all
12of the following:
13        (1) Expenditures on all facilities in which students
14    enrolled in the district receive instruction for all
15    capital projects on which funds were expended in that
16    fiscal year, even if the project was not initiated or
17    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 to
23    the district for capital projects in the fiscal year by the
24    local, the State, and the federal government, with a
25    comparison of the level of such funding against funding



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1    levels for the prior 5 years.
2        (4) A summary comparison of annual capital expenses and
3    the corresponding one-year capital improvement plan.
4        (5) A 5-year budget projection for the district.
5    (c) A list of all property owned by or leased to the board
6shall be published on the district's Internet website on or
7before January 1, 2016 and shall be updated annually. For each
8property listed, the most recent facility standards review and
9any capital improvement projects that are pending or planned or
10have been completed in the 2-year period prior to publication
11shall be outlined.
12    (d) All lease agreements in which the board is a lessor or
13lessee shall be published on the district's Internet website
14for the duration of the lease. Temporary facility use, right of
15entry, and other temporary license agreements not exceeding one
16year in duration are not subject to this requirement.
17    (e) The district shall publish on the district's Internet
18website a summary of the lease agreements in which the board is
19a lessor or lessee, including all of the following:
20        (1) A description of the leasehold.
21        (2) The full legal name of the parties to the
22    agreement.
23        (3) The term of the agreement.
24        (4) The rent amount.
25        (5) The party responsible for maintenance, capital
26    improvements, utilities, and other expenses.



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1    (105 ILCS 5/16A-35 new)
2    Sec. 16A-35. School transition plan.
3    (a) If the school board approves a school action, the
4superintendent or his or her designee shall work
5collaboratively with local school educators and the families of
6students attending a school that is the subject of a school
7action to ensure successful integration of affected students
8into new learning environments.
9    (b) The superintendent or his or her designee shall prepare
10and implement a school transition plan to support students
11attending a school that is the subject of a school action that
12accomplishes the goals of this Section. The superintendent must
13identify and commit specific resources for implementation of
14the school transition plan for a minimum of the full first
15school year after the board approves a school action.
16    (c) The school transition plan shall include the following:
17        (1) services to support the academic, social, and
18    emotional needs of students; supports for students with
19    disabilities, homeless students, and English learners; and
20    support to address security and safety issues; and
21        (2) the provision of appropriate transportation where
22    practicable.
23    (105 ILCS 5/16A-40 new)
24    Sec. 16A-40. School action public meetings and hearings.



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1    (a) On or before November 1 of each year of a proposed
2school closure, the superintendent shall prepare and publish
3guidelines for school actions. The guidelines shall outline the
4academic and non-academic criteria for a school action. These
5guidelines and each subsequent revision shall be subject to a
6public comment period of at least 21 days before their
8    (b) The superintendent shall announce all proposed school
9actions to be taken at the close of the current school year,
10consistent with the guidelines, on or before December 1 of each
12    (c) On or before December 1, 2015, the superintendent shall
13publish notice of the proposed school actions.
14        (1) Notice of the proposal for a school action shall
15    include a written statement of the basis for the school
16    action and an explanation of how the school action meets
17    the criteria set forth in the guidelines. This proposal
18    shall include a preliminary school transition plan
19    identifying the items required in Section 16A-35 of this
20    Code for all schools affected by the school action.
21        (2) The superintendent or his or her designee shall
22    provide notice to the principal, staff, and parents or
23    guardians of any school that is subject to the proposed
24    school action.
25        (3) The superintendent shall provide written notice of
26    any proposed school action to the State Senator, State



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1    Representative, and the mayor of each community for the
2    school or schools that are subject to the proposed school
3    action.
4        (4) The superintendent shall publish notice of
5    proposed school actions on the district's Internet website
6    and in a newspaper of general circulation.
7        (5) The superintendent shall provide notice of
8    proposed school actions at least 30 calendar days in
9    advance of a public hearing or meeting. The notice shall
10    state the date, time, and place of the hearing or meeting.
11    No school board decision regarding a proposed school action
12    may take place less than 60 days after the announcement of
13    the proposed school action.
14    (d) The superintendent shall provide opportunities to
15elicit public comment at a hearing or meeting on a proposed
16school action and shall convene at least one public hearing at
17the centrally located office of the board.
18    (e) Public hearings shall be conducted by a qualified
19independent hearing officer chosen from a list of independent
20hearing officers. The district's general counsel shall compile
21and publish a list of independent hearing officers by November
221 of each school year. The independent hearing officer shall
23have the following qualifications:
24        (1) he or she must be a licensed attorney eligible to
25    practice law in this State;
26        (2) he or she must not be an employee of the board; and



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1        (3) he or she must not have represented the board, its
2    employees or any labor organization representing its
3    employees, or any charter or contract school in any
4    capacity within the last year.
5    The independent hearing officer shall issue a written
6report that summarizes the hearing and determines whether the
7superintendent complied with the requirements of this Section
8and the guidelines.
9    The superintendent shall publish the report on the
10district's Internet website within 5 calendar days after
11receiving the report and at least 15 days prior to any board
12action being taken.
13    (f) Public meetings shall be conducted by a representative
14of the superintendent. A summary of the public meeting shall be
15published on the district's Internet website within 5 calendar
16days after the meeting.
17    (g) If the superintendent proposes a school action without
18following the requirements of this Section, the proposed school
19action shall not be approved by the board during the school
20year in which the school action was proposed.
21    (105 ILCS 5/16A-45 new)
22    Sec. 16A-45. Emergencies. Nothing in this Article prevents
23the district from taking emergency action to protect the health
24and safety of students and staff in an attendance center. In
25the event of an emergency that requires the district to close



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1all or part of a school facility, including compliance with a
2directive of a duly authorized public safety agency, the
3superintendent or his or her designees are authorized to take
4all steps necessary to protect the safety of students and
5staff, including relocation of the attendance center to another
6location or closing the attendance center. In such cases, the
7superintendent shall provide written notice of the basis for
8the emergency action within 3 days after declaring the
9emergency and shall publish the steps that have been taken or
10will be taken to address the emergency within 10 days after
11declaring the emergency. The notice shall be posted on the
12district's Internet website and provided to the principal of
13the school that is the subject of the emergency action and the
14State Senator, the State Representative, and the mayor of each
15community for the school. The notice shall explain why the
16district could not comply with this Article.
17    Section 99. Effective date. This Act takes effect upon
18becoming law.