Illinois General Assembly - Full Text of HB0363
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Full Text of HB0363  96th General Assembly

HB0363sam002 96TH GENERAL ASSEMBLY

Sen. William Delgado

Filed: 5/17/2009

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 363

2     AMENDMENT NO. ______. Amend House Bill 363 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The School Code is amended by adding Section
5 34-18.37 as follows:
 
6     (105 ILCS 5/34-18.37 new)
7     Sec. 34-18.37. Establishing an equitable and effective
8 school facility development process.
9     (a) The General Assembly finds all of the following:
10         (1) The Illinois Constitution recognizes that a
11     "fundamental goal of the People of the State is the
12     educational development of all persons to the limits of
13     their capacities".
14         (2) Quality educational facilities are essential for
15     fostering the maximum educational development of all
16     persons through their educational experience from

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1     Without limitation, the final recommendations may propose
2 significant decision-making roles for key stakeholders,
3 including the individual school and community; recommend clear
4 criteria or processes for establishing criteria for making
5 school facility decisions; and include clear criteria for
6 setting priorities with respect to school openings, school
7 closings, school consolidations, school turnarounds, school
8 phase-outs, school construction, school repairs, school
9 modernizations, school boundary changes, and other related
10 school facility decisions, including the encouragement of
11 multiple community uses for school space.
12     Without limitation, the final recommendations may propose
13 criteria for student mobility; the transferring of students to
14 lower performing schools; teacher mobility; insufficient
15 notice to and the lack of inclusion in decision-making of local
16 school councils, parents, and community members about school
17 facility decisions; and costly facilities-related expenditures
18 due to poor educational and facilities planning.
19     (l) The State Board of Education and the school district
20 shall provide administrative support to the Chicago
21 Educational Facilities Task Force.
 
22     Section 99. Effective date. This Act takes effect upon
23 becoming law.".