SB2183 99TH GENERAL ASSEMBLY

LRB099 14420 NHT 38518 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2183

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

SYNOPSIS AS INTRODUCED:

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.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by adding Article 16A as follows:

(105 ILCS 5/Art. 16A heading new)

ARTICLE 16A. SCHOOL ACTION AND FACILITY MASTER PLANNING

(105 ILCS 5/16A-5 new)

Sec. 16A-5. Applicability. This Article applies to any school district whose school board has voted to approve a school closure after July 1, 2015, other than a school district organized under Article 34 of this Code.

(105 ILCS 5/16A-10 new)

Sec. 16A-10. Definitions. In this Article:

"Capital improvement plan" means a plan that identifies capital projects to be started or finished within the designated period, excluding projects funded by locally raised capital not exceeding $10,000.

"Community area" means a geographic area of the school district defined by the superintendent as part of the development of the educational facilities master plan.

"Space utilization" means the percentage achieved by dividing the school's actual enrollment by its design capacity.

"School closing" or "school closure" means the closing of a school, the effect of which is the assignment and transfer of all students enrolled at that school to one or more designated receiving schools.

"School consolidation" means the consolidation of 2 or more schools by closing one or more schools and reassigning the students to another school.

"Phase-out" means the gradual cessation of enrollment in certain grades each school year until a school closes or is consolidated with another school.

"School action" means any school closing, school consolidation, co-location, boundary change if the boundary change forces a student transfer, or phase-out.

(105 ILCS 5/16A-15 new)

Sec. 16A-15. Educational facility standards.

(a) On or before December 31, 2015, a district shall publish space utilization standards on the district's Internet website. The standards shall include all of the following:

(1) The method by which design capacity is calculated, including consideration of the requirements of elementary and secondary programs, shared campuses, after school programming, the facility needs, grade and age ranges of the attending students, and the use of school buildings by governmental agencies and community organizations.

(2) The method to determine efficient use of a school building based upon educational program design capacity.

(3) The rate of utilization.

(4) The standards for overcrowding and underutilization.

(b) The district's superintendent or his or her designee shall publish a space utilization report for each school building operated by the district on the district's Internet website on or before December 31 of each year.

(c) The facility performance standards provisions are as follows:

(1) On or before December 31, 2015, the superintendent shall propose minimum and optimal facility performance standards for thermal comfort, daylight, acoustics, indoor air quality, furniture ergonomics for students and staff, technology, life safety, Americans with Disabilities Act accessibility, plumbing and washroom access, environmental hazards, and walkability.

(2) The superintendent shall conduct at least one public hearing and submit the proposed educational facilities standards to the school board for review and comment prior to submission to the board.

(3) After the superintendent has incorporated the input and recommendations of the public, the superintendent shall issue final facility performance standards.

(4) The superintendent is authorized to amend the facility performance standards following the procedures in this Section.

(5) The final educational facility space utilization and performance standards shall be published on the district's Internet website.

(105 ILCS 5/16A-20 new)

Sec. 16A-20. Educational facility master plan.

(a) In accordance with the schedule set forth in this Article, the superintendent or his or her designee shall prepare a 10-year educational facility master plan every 5 years, with updates 2 and one-half years after the approval of the initial 10-year plan, with the first such educational facility master plan to be approved on or before July 1, 2016.

(b) The educational facility master plan shall provide community area level plans and individual school master plans with options for addressing the facility and space needs for each facility operated by the district over a 10-year period.

(c) The data, information, and analysis that shall inform the educational facility master plan shall be published on the district's Internet website and shall include all of the following:

(1) A description of the district's guiding educational goals and standards.

(2) A brief description of the types of instructional programs and services delivered in each school.

(3) A description of the process, procedure, and timeline for community participation in the development of the plan.

(4) The enrollment capacity of each school and its rate of utilization.

(5) A report on the assessment of individual building and site conditions.

(6) A data table with historical and projected enrollment data by school by grade.

(7) Community analysis, including a study of current and projected demographics, land usage, transportation plans, residential housing and commercial development, private schools, plans for water and sewage service expansion or redevelopment, and institutions of higher education.

(8) An analysis of the facility needs and requirements of the district.

(9) Identification of potential sources of funding for the implementation of the educational facility master plan.

(d) On or before January 1, 2017, the superintendent or his or her designee shall prepare and distribute for comment a preliminary draft of the educational facility master plan. The draft plan shall be distributed to the school board, the local collective bargaining unit, and the mayor of any community within the boundaries of the school district.

(e) The superintendent or his or her designee shall publish a procedure for conducting public hearings and submitting public comments on the draft plan.

(f) After consideration of public input on the draft plan, the superintendent or his or her designee shall prepare and publish a report describing the process used to incorporate public input in the development of the final plan to be recommended to the board.

(g) The superintendent shall present the final plan and report to the board for final consideration and approval.

(h) The final approved educational facility master plan shall be published on the district's Internet website.

(i) No later than January 1, 2020 and every 2 years thereafter until January 1, 2030, the superintendent or his or her designee shall prepare and submit for public comment a draft revised educational facility master plan following the procedures required for development of the original plan.

(j) This proposed revised plan shall reflect the progress achieved during the first 2 and one-half years of the educational facility master plan.

(105 ILCS 5/16A-25 new)

Sec. 16A-25. Capital improvement plans.

(a) The district shall develop a capital needs review process and one-year and 5-year capital improvement plans.

(b) On or before January 1, 2016, the superintendent or his or her designee shall establish a capital needs review process that includes a comprehensive biannual assessment of the capital needs at each facility owned, leased, or operated by the district. The review process shall include development of an assessment form to be used by attendance centers to provide a school-based capital, maintenance, utility, and repair needs assessment report and recommendations aligned with the educational program and goals of the attendance center.

(c) Beginning with fiscal year 2018 and for each year thereafter, the superintendent shall publish a proposed one-year capital improvement plan at least 60 days prior to the end of the prior fiscal year. The proposed one-year capital improvement plan shall be posted on the district's Internet website and shall be subject to public review and comment and at least one public hearing. The one-year capital improvement plan shall include all of the following information for all capital projects for which funds are to be appropriated:

(1) A description of the scope of the project.

(2) The justification for the project.

(3) The status of the project, including, if appropriate, the percentage funded, the percentage complete, and the approved start and end dates.

(4) The original approved cost and current approved cost for each project.

(5) The impact of the project on the district's operating budget.

(6) The name of each school and facility affected by a project.

(7) All funding sources for the project.

(8) Any relationship of the project to the needs assessment submitted by the attendance center.

(9) Any relationship to the district's 10-year educational facility master plan.

(d) The superintendent shall present a final proposed one-year capital improvement plan to the school board for consideration.

(e) The board shall adopt a final one-year capital improvement plan no more than 45 days after adopting the annual budget.

(f) Beginning with fiscal year 2018, the superintendent shall publish a proposed 5-year capital improvement plan with the proposed one-year capital improvement plan. The 5-year capital improvement plan shall include proposed capital improvements for the next 4 years and, to the extent practicable, the same information for each proposed project that is required for the one-year capital improvement plan.

(g) The 5-year capital improvement plan shall be assessed annually. An annual report shall be published explaining the differences between projected capital projects in the 5-year capital improvement plan and the capital projects authorized in the proposed one-year capital improvement plan for the following fiscal year. The 5-year plan shall be published on the district's Internet website and distributed to all principals.

(105 ILCS 5/16A-30 new)

Sec. 16A-30. Financial transparency.

(a) The superintendent shall provide the school board with an annual capital expenditure report within 90 days after the end of the fiscal year. The report shall be published on the district's Internet website.

(b) The annual capital expenditure report shall include all of the following:

(1) Expenditures on all facilities in which students enrolled in the district receive instruction for all capital projects on which funds were expended in that fiscal year, even if the project was not initiated or completed in the fiscal year.

(2) Identification of capital projects that aligned with the school-based facility needs assessment and recommendations of school principals or were the result of other public input.

(3) The levels of appropriation actually provided to the district for capital projects in the fiscal year by the local, the State, and the federal government, with a comparison of the level of such funding against funding levels for the prior 5 years.

(4) A summary comparison of annual capital expenses and the corresponding one-year capital improvement plan.

(5) A 5-year budget projection for the district.

(c) A list of all property owned by or leased to the board shall be published on the district's Internet website on or before January 1, 2016 and shall be updated annually. For each property listed, the most recent facility standards review and any capital improvement projects that are pending or planned or have been completed in the 2-year period prior to publication shall be outlined.

(d) All lease agreements in which the board is a lessor or lessee shall be published on the district's Internet website for the duration of the lease. Temporary facility use, right of entry, and other temporary license agreements not exceeding one year in duration are not subject to this requirement.

(e) The district shall publish on the district's Internet website a summary of the lease agreements in which the board is a lessor or lessee, including all of the following:

(1) A description of the leasehold.

(2) The full legal name of the parties to the agreement.

(3) The term of the agreement.

(4) The rent amount.

(5) The party responsible for maintenance, capital improvements, utilities, and other expenses.

(105 ILCS 5/16A-35 new)

Sec. 16A-35. School transition plan.

(a) If the school board approves a school action, the superintendent or his or her designee shall work collaboratively with local school educators and the families of students attending a school that is the subject of a school action to ensure successful integration of affected students into new learning environments.

(b) The superintendent or his or her designee shall prepare and implement a school transition plan to support students attending a school that is the subject of a school action that accomplishes the goals of this Section. The superintendent must identify and commit specific resources for implementation of the school transition plan for a minimum of the full first school year after the board approves a school action.

(c) The school transition plan shall include the following:

(1) services to support the academic, social, and emotional needs of students; supports for students with disabilities, homeless students, and English learners; and support to address security and safety issues; and

(2) the provision of appropriate transportation where practicable.

(105 ILCS 5/16A-40 new)

Sec. 16A-40. School action public meetings and hearings.

(a) On or before November 1 of each year of a proposed school closure, the superintendent shall prepare and publish guidelines for school actions. The guidelines shall outline the academic and non-academic criteria for a school action. These guidelines and each subsequent revision shall be subject to a public comment period of at least 21 days before their approval.

(b) The superintendent shall announce all proposed school actions to be taken at the close of the current school year, consistent with the guidelines, on or before December 1 of each year.

(c) On or before December 1, 2015, the superintendent shall publish notice of the proposed school actions.

(1) Notice of the proposal for a school action shall include a written statement of the basis for the school action and an explanation of how the school action meets the criteria set forth in the guidelines. This proposal shall include a preliminary school transition plan identifying the items required in Section 16A-35 of this Code for all schools affected by the school action.

(2) The superintendent or his or her designee shall provide notice to the principal, staff, and parents or guardians of any school that is subject to the proposed school action.

(3) The superintendent shall provide written notice of any proposed school action to the State Senator, State Representative, and the mayor of each community for the school or schools that are subject to the proposed school action.

(4) The superintendent shall publish notice of proposed school actions on the district's Internet website and in a newspaper of general circulation.

(5) The superintendent shall provide notice of proposed school actions at least 30 calendar days in advance of a public hearing or meeting. The notice shall state the date, time, and place of the hearing or meeting. No school board decision regarding a proposed school action may take place less than 60 days after the announcement of the proposed school action.

(d) The superintendent shall provide opportunities to elicit public comment at a hearing or meeting on a proposed school action and shall convene at least one public hearing at the centrally located office of the board.

(e) Public hearings shall be conducted by a qualified independent hearing officer chosen from a list of independent hearing officers. The district's general counsel shall compile and publish a list of independent hearing officers by November 1 of each school year. The independent hearing officer shall have the following qualifications:

(1) he or she must be a licensed attorney eligible to practice law in this State;

(2) he or she must not be an employee of the board; and

(3) he or she must not have represented the board, its employees or any labor organization representing its employees, or any charter or contract school in any capacity within the last year.

The independent hearing officer shall issue a written report that summarizes the hearing and determines whether the superintendent complied with the requirements of this Section and the guidelines.

The superintendent shall publish the report on the district's Internet website within 5 calendar days after receiving the report and at least 15 days prior to any board action being taken.

(f) Public meetings shall be conducted by a representative of the superintendent. A summary of the public meeting shall be published on the district's Internet website within 5 calendar days after the meeting.

(g) If the superintendent proposes a school action without following the requirements of this Section, the proposed school action shall not be approved by the board during the school year in which the school action was proposed.

(105 ILCS 5/16A-45 new)

Sec. 16A-45. Emergencies. Nothing in this Article prevents the district from taking emergency action to protect the health and safety of students and staff in an attendance center. In the event of an emergency that requires the district to close all or part of a school facility, including compliance with a directive of a duly authorized public safety agency, the superintendent or his or her designees are authorized to take all steps necessary to protect the safety of students and staff, including relocation of the attendance center to another location or closing the attendance center. In such cases, the superintendent shall provide written notice of the basis for the emergency action within 3 days after declaring the emergency and shall publish the steps that have been taken or will be taken to address the emergency within 10 days after declaring the emergency. The notice shall be posted on the district's Internet website and provided to the principal of the school that is the subject of the emergency action and the State Senator, the State Representative, and the mayor of each community for the school. The notice shall explain why the district could not comply with this Article.

Section 99. Effective date. This Act takes effect upon becoming law.