Illinois General Assembly - Full Text of SB0620
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Full Text of SB0620  97th General Assembly



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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 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".
17        (2) Quality educational facilities are essential for
18    fostering the maximum educational development of all
19    persons through their educational experience from
20    pre-kindergarten through high school.
21        (3) The public school is a major institution in our
22    communities. Public schools offer resources and
23    opportunities for the children of this State who seek and



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



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



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



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1call on independent experts, as needed, to gather and analyze
2pertinent information on a pro bono basis, provided that these
3experts have no previous or on-going financial interest in
4school facility issues related to the school district. The
5Chicago Educational Facilities Task Force shall secure pro bono
6expert assistance within 15 days after the establishment of the
7Chicago Educational Facilities Task Force.
8    (f) The Chicago Educational Facilities Task Force shall be
9empowered to gather further evidence in the form of testimony
10or documents or other materials.
11    (g) The Chicago Educational Facilities Task Force, with the
12help of the independent experts, shall analyze past Chicago
13experiences and data with respect to school openings, school
14closings, school consolidations, school turnarounds, school
15phase-outs, school construction, school repairs, school
16modernizations, school boundary changes, and other related
17school facility decisions on students. The Chicago Educational
18Facilities Task Force shall consult widely with stakeholders,
19including public officials, about these facility issues and
20their related costs and shall examine relevant best practices
21from other school systems for dealing with these issues
22systematically and equitably. These initial investigations
23shall include opportunities for input from local stakeholders
24through hearings, focus groups, and interviews.
25    (h) The Chicago Educational Facilities Task Force shall
26prepare final recommendations on or before October 30, 2009



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1describing how the issues set forth in subsection (g) of this
2Section can be addressed effectively based upon educationally
3sound and fiscally responsible practices.
4    (i) The Chicago Educational Facilities Task Force shall
5hold hearings in separate areas of the school district at times
6that shall maximize school community participation to obtain
7comments on draft recommendations. The final hearing shall take
8place no later than 15 days prior to the completion of the
9final recommendations.
10    (j) The Chicago Educational Facilities Task Force shall
11prepare final proposed policy and legislative recommendations
12for the General Assembly, the Governor, and the school
13district. The recommendations may address issues, standards,
14and procedures set forth in this Section. The final
15recommendations shall be made available to the public through
16posting on the school district's Internet website and other
17forms of publication and distribution in the school district at
18least 7 days before the final recommendations are submitted to
19the General Assembly, the Governor, and the school district.
20    (k) The final recommendations may address issues of
21system-wide criteria for ensuring clear priorities, equity,
22and efficiency.
23    Without limitation, the final recommendations may propose
24significant decision-making roles for key stakeholders,
25including the individual school and community; recommend clear
26criteria or processes for establishing criteria for making



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1school facility decisions; and include clear criteria for
2setting priorities with respect to school openings, school
3closings, school consolidations, school turnarounds, school
4phase-outs, school construction, school repairs, school
5modernizations, school boundary changes, and other related
6school facility decisions, including the encouragement of
7multiple community uses for school space.
8    Without limitation, the final recommendations may propose
9criteria for student mobility; the transferring of students to
10lower performing schools; teacher mobility; insufficient
11notice to and the lack of inclusion in decision-making of local
12school councils, parents, and community members about school
13facility decisions; and costly facilities-related expenditures
14due to poor educational and facilities planning.
15    (l) The State Board of Education and the school district
16shall provide administrative support to the Chicago
17Educational Facilities Task Force.
18    (m) After recommendations have been issued, the Chicago
19Educational Facilities Task Force shall meet at least once
20annually, upon the call of the chairs, for the purpose of
21reviewing Chicago public schools' compliance with the
22provisions of Sections 34-200 through 34-235 of this Code
23concerning school action and facility master planning. The Task
24Force shall prepare a report to the General Assembly, the
25Governor's Office, the Mayor of the City of Chicago, and the
26Chicago Board of Education indicating how the district has met



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1the requirements of the provisions of Sections 34-200 through
234-235 of this Code concerning school action and facility
3master planning.
4(Source: P.A. 96-803, eff. 10-30-09.)
5    (105 ILCS 5/prec. Sec. 34-200 heading new)

7    (105 ILCS 5/34-200 new)
8    Sec. 34-200. Definitions. For the purposes of Sections
934-200 through 34-235 of this Article:
10    "Capital improvement plan" means a plan that identifies
11capital projects to be started or finished within the
12designated period, excluding projects funded by locally raised
13capital not exceeding $10,000.
14    "Community area" means a geographic area of the City of
15Chicago defined by the chief executive officer as part of the
16development of the educational facilities master plan.
17    "Space utilization" means the percentage achieved by
18dividing the school's actual enrollment by its design capacity.
19    "School closing" or "school closure" means the closing of a
20school, the effect of which is the assignment and transfer of
21all students enrolled at that school to one or more designated
22receiving schools.
23    "School consolidation" means the consolidation of 2 or more
24schools by closing one or more schools and reassigning the



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1students to another school.
2    "Phase-out" means the gradual cessation of enrollment in
3certain grades each school year until a school closes or is
4consolidated with another school.
5    "School action" means any school closing, school
6consolidation, co-location, boundary change if the boundary
7change forces a student transfer, or phase-out.
8    (105 ILCS 5/34-205 new)
9    Sec. 34-205. Educational facility standards.
10    (a) By December 31, 2011, the district shall publish space
11utilization standards on the district's website. The standards
12shall include the following:
13        (1) the method by which design capacity is calculated,
14    including consideration of the requirements of elementary
15    and secondary programs, shared campuses, after school
16    programming, the facility needs, grade and age ranges of
17    the attending students, and use of school buildings by
18    governmental agencies and community organizations;
19        (2) the method to determine efficient use of a school
20    building based upon educational program design capacity;
21        (3) the rate of utilization; and
22        (4) the standards for overcrowding and
23    underutilization.
24    (b) The chief executive officer or his or her designee
25shall publish a space utilization report for each school



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1building operated by the district on the district's website by
2December 31 of each year.
3    (c) The facility performance standards provisions are as
5        (1) On or before December 31, 2011, the chief executive
6    officer shall propose minimum and optimal facility
7    performance standards for thermal comfort, daylight,
8    acoustics, indoor air quality, furniture ergonomics for
9    students and staff, technology, life safety, ADA
10    accessibility, plumbing and washroom access, environmental
11    hazards, and walkability.
12        (2) The chief executive officer shall conduct at least
13    one public hearing and submit the proposed educational
14    facilities standards to each local school council and to
15    the Chicago Public Building Commission for review and
16    comment prior to submission to the Board.
17        (3) After the chief executive officer has incorporated
18    the input and recommendations of the public and the Chicago
19    Public Building Commission, the chief executive officer
20    shall issue final facility performance standards.
21        (4) The chief executive officer is authorized to amend
22    the facility performance standards following the
23    procedures in this Section.
24        (5) The final educational facility space utilization
25    and performance standards shall be published on the
26    district's Internet website.



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



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1    and site conditions;
2        (6) a data table with historical and projected
3    enrollment data by school by grade;
4        (7) community analysis, including a study of current
5    and projected demographics, land usage, transportation
6    plans, residential housing and commercial development,
7    private schools, plans for water and sewage service
8    expansion or redevelopment, and institutions of higher
9    education;
10        (8) an analysis of the facility needs and requirements
11    of the district; and
12        (9) identification of potential sources of funding for
13    the implementation of the Educational Facility Master
14    Plan.
15    (d) On or before January 1, 2013, the chief executive
16officer or his or her designee shall prepare and distribute for
17comment a preliminary draft of the Educational Facility Master
18Plan. The draft plan shall be distributed to the City of
19Chicago, the County of Cook, the Chicago Park District, the
20Chicago Housing Authority, the Chicago Transit Authority,
21attendance centers operated by the district, and charter
22schools operating within the district. Each attendance center
23shall make the draft plan available to the local school council
24or alternative advisory body and to the parents, guardians, and
25staff of the school. The draft plan also shall be distributed
26to each State Senator and State Representative with a district



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1in the City of Chicago, to the Mayor of the City of Chicago,
2and to each alderman of the City.
3    (e) The chief executive or his or her designee shall
4publish a procedure for conducting public hearings and
5submitting public comments on the draft plan.
6    (f) After consideration of public input on the draft plan,
7the chief executive officer or his or her designee shall
8prepare and publish a report describing the process used to
9incorporate public input in the development of the final plan
10to be recommended to the Board.
11    (g) The chief executive officer shall present the final
12plan and report to the Board for final consideration and
14    (h) The final approved Educational Facility Master Plan
15shall be published on the district's website.
16    (i) No later than January 1, 2016, and every 5 years
17thereafter, the chief executive officer or his or her designee
18shall prepare and submit for public comment a draft revised
19Educational Facility Master Plan following the procedures
20required for development of the original plan.
21    (j) This proposed revised plan shall reflect the progress
22achieved during the first 2 1/2 years of the Educational
23Facility Master Plan.
24    (105 ILCS 5/34-215 new)
25    Sec. 34-215. Capital improvement plans.



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1    (a) The district shall develop a capital needs review
2process and one-year and 5-year capital improvement plans.
3    (b) By January 1, 2012, the chief executive officer or his
4or her designee shall establish a capital needs review process
5that includes a comprehensive bi-annual assessment of the
6capital needs at each facility owned, leased, or operated by
7the district. The review process shall include development of
8an assessment form to be used by attendance centers to provide
9a school-based capital, maintenance, utility, and repair needs
10assessment report and recommendations aligned with the
11educational program and goals of the attendance center.
12    (c) Beginning with fiscal year 2013 and for each year
13thereafter, the chief executive officer shall publish a
14proposed one-year capital improvement plan at least 60 days
15prior to the end of the prior fiscal year. The proposed
16one-year capital improvement plan shall be posted on the
17district's Internet website and shall be subject to public
18review and comment and at least 3 public hearings. The one-year
19capital improvement plan shall include the following
20information for all capital projects for which funds are to be
22        (1) description of the scope of the project;
23        (2) justification for the project;
24        (3) status of the project, including, if appropriate,
25    percentage funded, percentage complete, and approved start
26    and end dates;



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1        (4) original approved cost and current approved cost
2    for each project;
3        (5) the impact of the project on the district's
4    operating budget;
5        (6) the name of each school and facility affected by a
6    project;
7        (7) all funding sources for the project;
8        (8) any relationship of the project to the needs
9    assessment submitted by the attendance center; and
10        (9) any relationship to the district's 10-year
11    Educational Facilities Master Plan.
12    (d) The chief executive officer shall present a final
13proposed one-year capital improvement plan to the Board for
15    (e) The Board shall adopt a final one-year capital
16improvement plan no more than 45 days after adopting the annual
18    (f) Beginning with fiscal year 2013, the chief executive
19officer shall publish a proposed 5-year capital improvement
20plan with the proposed one-year capital improvement plan. The
215-year capital improvement plan shall include proposed capital
22improvements for the next 4 years and, to the extent
23practicable, the same information for each proposed project
24that is required for the one-year capital improvement plan.
25    (g) The 5-year capital improvement plan shall be assessed
26annually. An annual report shall be published explaining the



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1differences between projected capital projects in the 5-year
2capital improvement plan and the capital projects authorized in
3the proposed one-year capital improvement plan for the
4following fiscal year. The 5-year plan shall be published on
5the district's Internet website and distributed to all
7    (105 ILCS 5/34-220 new)
8    Sec. 34-220. Financial transparency.
9    (a) The chief executive officer shall provide the Board
10with an annual capital expenditure report within 90 days after
11the end of the fiscal year. The report shall be published on
12the district's Internet website.
13    (b) The annual capital expenditure report shall include the
15        (1) expenditures on all facilities in which students
16    enrolled in the district receive instruction for all
17    capital projects on which funds were expended in that
18    fiscal year, even if the project was not initiated or
19    completed in the fiscal year;
20        (2) identification of capital projects that aligned
21    with the school-based facility needs assessment and
22    recommendations of school principals or were the result of
23    other public input;
24        (3) the levels of appropriation actually provided to
25    the district for capital projects in the fiscal year by the



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



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1    improvements, utilities, and other expenses.
2    (105 ILCS 5/34-225 new)
3    Sec. 34-225. School transition plans.
4    (a) If the Board approves a school action, the chief
5executive officer or his or her designee shall work
6collaboratively with local school educators and families of
7students attending a school that is the subject of a school
8action to ensure successful integration of affected students
9into new learning environments.
10    (b) The chief executive officer or his or her designee
11shall prepare and implement a school transition plan to support
12students attending a school that is the subject of a school
13action that accomplishes the goals of this Section. The chief
14executive must identify and commit specific resources for
15implementation of the school transition plan for a minimum of
16the full first academic year after the board approves a school
18    (c) The school transition plan shall include the following:
19        (1) services to support the academic, social, and
20    emotional needs of students; supports for students with
21    disabilities, homeless students, and English language
22    learners; and support to address security and safety
23    issues;
24        (2) options to enroll in higher performing schools;
25        (3) counseling regarding the choice of schools that



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1    includes all pertinent information to enable the parent or
2    guardian and child to make an informed choice, including
3    the option to visit the schools of choice prior to making a
4    decision; and
5        (4) the provision of appropriate transportation where
6    practicable.
7    (105 ILCS 5/34-230 new)
8    Sec. 34-230. School action public meetings and hearings.
9    (a) By November 1 of each year, the chief executive officer
10shall prepare and publish guidelines for school actions. The
11guidelines shall outline the academic and non-academic
12criteria for a school action. These guidelines, and each
13subsequent revision, shall be subject to a public comment
14period of at least 21 days before their approval.
15    (b) The chief executive officer shall announce all proposed
16school actions to be taken at the close of the current academic
17year consistent with the guidelines, by December 1 of each
19    (c) On or before December 1, 2011, the chief executive
20officer shall publish notice of the proposed school actions.
21        (1) Notice of the proposal for a school action shall
22    include a written statement of the basis for the school
23    action and an explanation of how the school action meets
24    the criteria set forth in the guidelines. This proposal
25    shall include a preliminary School Transition Plan



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1    identifying the items required in Section 34-225 of this
2    Code for all schools affected by the school action.
3        (2) The chief executive officer or his or her designee
4    shall provide notice to the principal, staff, local school
5    council, and parents or guardians of any school that is
6    subject to the proposed school action.
7        (3) The chief executive officer shall provide written
8    notice of any proposed school action to the State Senator,
9    State Representative, and alderman for the school or
10    schools that are subject to the proposed school action.
11        (4) The chief executive officer shall publish notice of
12    proposed school actions on the district's Internet website
13    and in a newspaper of general circulation.
14        (5) The chief executive officer shall provide notice of
15    proposed school actions at least 30 calendar days in
16    advance of a public hearing or meeting. The notice shall
17    state the date, time, and place of the hearing or meeting.
18    No Board decision regarding a proposed school action may
19    take place less than 60 days after the announcement of the
20    proposed school action.
21    (d) The chief executive officer shall designate at least 3
22opportunities to elicit public comment at a hearing or meeting
23on a proposed school action and shall do the following:
24        (1) Convene at least one public hearing at the
25    centrally located office of the Board.
26        (2) Convene at least 2 additional public hearings or



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



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



SB0620 Enrolled- 23 -LRB097 04370 NHT 44409 b

1subject of the emergency action. The notice shall explain why
2the district could not comply with the provisions in Sections
334-200 through 34-235 of this Code.