Sen. Iris Y. Martinez

Filed: 4/11/2011





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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 adding the
5heading preceding Section 34-200 and Sections 34-200, 34-205,
634-210, 34-215, 34-220, 34-225, 34-230, 34-235, 34-240,
734-245, and 34-250 as follows:
8    (105 ILCS 5/prec. Sec. 34-200 heading new)

10    (105 ILCS 5/34-200 new)
11    Sec. 34-200. Findings and recommendations.
12    (a) Public Act 96-803 established the Chicago Educational
13Facilities Task Force (CEFTF) to analyze Chicago Public Schools
14data from past school actions, conduct hearings, gather public
15input, and consult with stakeholders and experts to develop



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1recommendations for establishing an equitable and effective
2school facility development process.
3    (b) Based on research on best practice standards in other
4school districts, the CEFTF found that it is possible to have a
5fair, equitable, and meaningful process for deciding on school
6actions and capital project allocations. The CEFTF found the
8        (1) School facility condition, utilization, design,
9    and location impact student academic progress, safety, and
10    learning potential.
11        (2) There are best practice standards that indicate an
12    adequate school building should have a range of 125 to 200
13    gross square feet per student in a temperate climate,
14    depending upon program, grade levels served, and design.
15        (3) A system for public transparency, oversight, and
16    accountability needs to be in place to ensure fiscal
17    efficiency and that no educational harm to disadvantaged
18    students and communities results from facility-related
19    actions, including capital spending decisions, closings,
20    consolidations, co-locations, attendance boundary changes,
21    new school openings, and major programmatic changes.
22        (4) A long-range facility master plan and a capital
23    improvement program based upon standards for educationally
24    adequate and appropriate facilities is needed to ensure
25    high quality, equitable, and educationally appropriate
26    school facilities and to raise adequate funds to support



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1    facility needs.
2        (5) Processes for public input, notice, and influence
3    on the use and disposition of publicly owned and used
4    public school facilities are critical elements of
5    well-managed public school facilities.
6        (6) Collaboration and coordination with involved local
7    community groups and municipal entities in planning and
8    decision making regarding public school facilities ensures
9    a more adequate plan.
10        (7) Illinois has fallen behind the majority of other
11    states in its school facility spending per student.
12    (b) Based upon these findings, the CEFTF recommends that
13the General Assembly enact legislation that defines a system
14for high quality educational facility planning and oversight of
15Chicago's public school buildings and grounds that ensures that
16the location, condition, utilization, and design of our public
17schools is adequate and equitably allocated among all our
18communities and students. To accomplish this purpose, the
19following are recommended:
20        (1) An independent planning commission for educational
21    facility planning of the Chicago Public Schools.
22        (2) Facility standards, a 10-year Educational Facility
23    Master Plan, and a 5-year Capital Improvement Plan and
24    budget, developed by the school district with public input
25    and participation, including the community,
26    parents/guardians, local school councils, educators, and



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1    other stakeholders; coordinated with other local
2    governments and agencies; and aligned with educational
3    goals and vision, that prioritize students' well-being and
4    academic success.
5        (3) Transparent and accountable systems and controls
6    for school actions and capital projects through the use of
7    an educational impact statement, publicly accessible data,
8    information, reports, and audits.
9        (4) State funding for school facilities that is
10    predicated on its compliance with the provisions of this
11    Article.
12    (105 ILCS 5/34-205 new)
13    Sec. 34-205. Definitions. For the purposes of the Sections
14of this Article following this Section:
15    "Board" means the Chicago Board of Education.
16    "Capital Improvement Plan" means a 5-year plan that
17identifies the priority capital projects to be started or
18finished within the capital budget period.
19    "Capital project" means facility renovation, including for
20buildings and grounds, as well as major building systems
21replacement or upgrades, new construction, and demolition,
22including the capital-related costs for planning, design, and
24    "CEFTF" means the Chicago Educational Facilities Task



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1    "CEO" means the chief executive officer of the school
2district or his or her successor.
3    "Commission" means the Facility Planning Commission
4created by this Article.
5    "CPS" means the school district.
6    "Educational Facility Master Plan" means a 10-year plan
7developed with public and other governmental input and
8participation that describes how and by whom the school
9buildings and grounds shall be used, improved, and maintained
10on a year-by-year and school-by-school basis.
11    "Educational Impact Statement" or "EdIS" means a study and
12report that assesses the educational and social effects of
13school actions on current students' learning and safety.
14    "Enrollment capacity" means how many students can be
15accommodated in a school building when staffing ratios,
16curriculum standards, and other educational best practices are
18    "LSC" or "Local School Council" means a local school
19council established under Section 34-2.1 of this Code.
20    "School action" means any school closure, consolidation,
21phase-out, opening, relocation, co-location, academic program
22change (such as conversion to a charter or selective
23enrollment), turnarounds, or attendance area boundary changes.
24    "Utilization" means the comparison of actual enrollment to
25the enrollment capacity or the rate of use of a school



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1    (105 ILCS 5/34-210 new)
2    Sec. 34-210. Establishment of the Chicago Educational
3Facility Planning Commission.
4    (a) There is hereby established the Chicago Educational
5Facilities Planning Commission.
6    (b) The Commission shall have the authority to take all
7steps necessary to ensure equitable, adequate, and sustainable
8public school facilities for the citizens and children of the
9City of Chicago, including the following:
10        (1) Approve standards for the capacity and utilization
11    of CPS schools, including public charter schools.
12        (2) Approve standards for basic performance measures
13    for the CPS 10-year Educational Facility Master Plan and
14    5-year Capital Improvement Plan.
15        (3) Approve the school actions that are required to be
16    included in the Educational Facility Master Plan.
17        (4) Approve the 5-year Capital Improvement Plan and
18    budget.
19        (5) Participate in the selection of contractors
20    engaged to work on the development of the standards, plans,
21    audits, and Educational Impact Statements.
22        (6) Certify whether or not these requirements are met
23    prior to expenditure of capital funds by CPS, the Chicago
24    Public Building Commission, or any other body or entity
25    using capital funding for public school facilities.



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1    (c) The Commission shall have the following duties:
2        (1) The Commission shall communicate and cooperate
3    with CPS on the schedules for the standards, plans, audits,
4    and other process required under this Article.
5        (2) The Commission shall hold hearings in accordance
6    with the requirements of this Article.
7        (3) The Commission shall prepare reports, comments,
8    and document review of CPS standards, plans, reports, and
9    audits required under this Article.
10        (4) The Commission shall hold regular public meetings
11    with its members to plan and execute their duties under
12    this Article.
13        (5) The chairperson of the Commission or his or her
14    designee shall supervise the staff assigned to support the
15    Commission.
16        (6) The Commission shall establish a calendar for its
17    meetings, hearings, reviews, and reports at the beginning
18    of each fiscal year.
19        (7) The Commission shall prepare an annual work plan
20    and budget that shall go to the State Board of Education
21    for review as part of the annual budget process.
22        (8) The Commission shall engage an independent auditor
23    for the periodic audits of the capital improvement program
24    in accordance with the requirements of this Article.
25        (9) The Commission shall select an independent auditor
26    and oversee periodic audits of the capital improvement



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1    program in accordance with the requirements of this
2    Article.
3        (10) The Commission shall appoint 2 members to review
4    educational facility planning consultant contract
5    responses and be part of the final selection process.
6    (d) The Commission shall be comprised of 17 members and
7each member shall have one vote. A majority of those appointed
8shall constitute a quorum and is required for the passage of
9any final action. The members shall be appointed as follows:
10        (1) Four members of the General Assembly as chosen by
11    the respective leaders of each legislative caucus.
12        (2) Four members of community organizations with a
13    focus on education and experience with educational
14    facility issues, as chosen by the respective legislative
15    caucus leaders.
16        (3) One member appointed by the Mayor of the City of
17    Chicago with knowledge and expertise in the City's planning
18    for community and housing development.
19        (4) The CEO of CPS or his or her designee.
20        (5) The Chairperson of the State Board of Education, or
21    his or her designee.
22        (6) The President of the Chicago Teachers Union or his
23    or her designee.
24        (7) The President of the Chicago Principals and
25    Administrators Association or his or her designee.
26        (8) Two members of duly elected Local School Councils,



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1    one each from an elementary school and high school, to be
2    chosen by the CPS district-wide council of LSCs; or in the
3    event that such district-wide council is dissolved by any
4    future CEO, then the 2 LSC representatives shall be
5    appointed by the chairperson of the Commission.
6        (9) One member representing parent/guardian advisory
7    bodies of charter schools, appointed by the CEO of CPS.
8        (10) The President of the Chicago Park District or his
9    or her designee.
10    The members appointed by the House Speaker and the Senate
11President shall be deemed co-chairpersons.
12    (e) Member terms, meetings, and staffing of the Commission
13shall be as follows:
14        (1) Each non-elected member shall serve a term of 2
15    years, which may be renewed for up to 8 years. General
16    Assembly members shall serve throughout their term of the
17    General Assembly. Those non-elected members whose terms
18    have expired shall continue to serve until a subsequent
19    individual is nominated. Vacancies shall be filled in the
20    same manner as original appointments and named on or before
21    September 1 of each year.
22        (2) The Commission shall be named and hold its first
23    meeting within 60 days after the effective date of this
24    Section and shall meet at least quarterly, and as deemed
25    necessary by the Commission co-chairpersons.
26        (3) All meetings shall be subject to the Open Meetings



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1    Act, and agendas, minutes, and other documents taken up at
2    Commission meetings shall be posted on the CPS Internet
3    website in a prominent location.
4        (4) The State Board of Education shall provide
5    administrative support staff to the Commission.
6    (105 ILCS 5/34-215 new)
7    Sec. 34-215. Educational facility standards.
8    (a) As a necessary foundation for this and subsequent
9plans, CPS shall propose, on or before January 1, 2012, school
10and community space-use standards for school buildings and
11grounds. These space-use standards shall identify the minimal
12and optimal space types and sizes needed to support high
13quality instruction, school and staff activities, and programs
14and services, including for community use and for co-location,
15by school type (such as early education, elementary, middle,
16and high school); and, at a minimum, shall fall within the
17square feet per student of national medians of 125 to 200 gross
18square feet per student of indoor facility space.
19    (b) CPS shall develop facility performance standards,
20including the following:
21        (1) On or before January 1, 2012, CPS shall propose
22    minimum and optimal facility performance standards for
23    thermal comfort; daylight; acoustics; indoor air quality;
24    water quality and access to drinking water; furniture
25    ergonomics for students and staff; technology; life



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1    safety; ADA accessibility; environmental hazards; and
2    walkability.
3        (2) The CEO shall submit the proposed educational
4    facilities standards to each LSC and to the Chicago Public
5    Building Commission for review and comment prior to
6    submission to the Board.
7        (3) Once the CEO has incorporated the input and
8    recommendations of the public and the Chicago Public
9    Building Commission, the CEO shall submit the proposed
10    standards to the Board for review and comment.
11    (c) The facility performance standards shall be subject to
12review and approval according to the following:
13        (1) Following Board review and comment, the CEO shall
14    submit the proposed educational facility standards to the
15    Commission.
16        (2) The Commission shall hold at least one public
17    hearing to solicit public comment on the proposed
18    educational facility standards.
19        (3) The Commission shall vote on or before March 1,
20    2012 on the initial educational facility standards.
21        (4) The Commission shall vote on subsequent
22    educational facility standards when revisions are proposed
23    by CPS.
24        (5) If the Commission votes to reject the CEO's
25    proposed educational facility standards, then the
26    Commission must identify, in writing, a description of the



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1    specific standards that must be addressed and make
2    recommendations on revisions to those standards.
3        (6) The CEO shall have 30 days to submit revised
4    educational facility standards to the Board and post its
5    revised plan via the CPS Internet website.
6        (7) The Board shall have 30 days to review and approve
7    the CEO's revised educational facility standards.
8        (8) If approved by Board review, the CEO shall resubmit
9    the revised educational facility standards to the
10    Commission.
11        (9) The Commission shall vote only on whether the
12    specific concerns identified in the written rejection have
13    been satisfactorily addressed and, with a simple majority,
14    may approve the revised standards. If rejected, the
15    Commission must include comments and return the proposal to
16    the Board for further revisions. This process shall
17    continue until the CEO and the Board produce standards that
18    are acceptable to the Commission.
19        (10) The final approved educational facility space and
20    facility standards shall be available to the public via the
21    CPS Internet website.
22        (11) No State capital funds authorized under Illinois
23    law shall be issued without Commission approval of space
24    and building standards.
25    (105 ILCS 5/34-220 new)



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1    Sec. 34-220. The Educational Facility Master Plan.
2    (a) In accordance with the schedule set forth in this
3Article, the CEO shall prepare a 10-year Educational Facility
4Master Plan every 5 years, with updates 2 1/2 years after the
5approval of the 10-year plan, with the first such Educational
6Facility Master Plan to be approved and in effect on or before
7July 1, 2013.
8    (b) The Educational Facility Master Plan shall provide
9neighborhood level plans and individual school master plans
10with options for addressing the facility and space needs for
11each facility in the CPS inventory over a 10-year time period,
12including any actions planned for the first 5 years of the
13Educational Facility Master Plan.
14    (c) The data, information, and analysis that shall inform
15the city-wide, neighborhood, and individual school plans must
16be publicly accessible on the CPS Internet website and include
17the following:
18        (1) a description of CPS guiding educational goals and
19    standards;
20        (2) a brief description of the types of educational
21    instructional programs and services delivered in each
22    school;
23        (3) a description of the process, procedure, and
24    timeline for community participation in the development of
25    the plan;
26        (4) a list of the enrollment capacity in each school



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1    and its rate of utilization;
2        (5) a report on the assessment of individual building
3    and site conditions;
4        (6) a data table with the historical and projected
5    enrollment data by school by grade;
6        (7) community analysis, including a study of current
7    and projected demographics, land usage, transportation
8    plans, residential housing and commercial development,
9    private schools, plans for water and sewage service
10    expansion or redevelopment, and institutions of higher
11    education;
12        (8) an analysis of the facility needs and requirements
13    of the district; and
14        (9) identification of potential sources of funding for
15    the implementation of the Educational Facility Master
16    Plan.
17    (d) The CEO or his or her designees shall meet at least
18once with LSCs, other parent advisory bodies, educators, local
19and State-elected officials, and community stakeholders to
20develop the neighborhood level plans and the city-wide
21Educational Facility Master Plan. A report of these meetings
22shall be provided to the Commission.
23    (e) The CEO shall secure input from the City of Chicago,
24Cook County, the Chicago Park District, the Chicago Public
25Library District, the Chicago Housing Authority, and the
26Chicago Transit Authority on the development of the



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1neighborhood level plans and the city-wide educational
2facility plan. A report of this input shall be provided to the
4    (f) The CEO shall submit the proposed Educational Facility
5Master Plan to each LSC and other local governments and
6agencies for review and comment prior to submission to the CPS
8    (g) Once the CEO has incorporated the input and
9recommendations of the public and other local governmental
10agencies into the neighborhood and city-wide plans, the CEO
11shall submit the proposed Educational Facility Master Plan to
12the Board for review and comment.
13    (h) The Educational Facility Master Plan must be approved
14and adopted in accordance with the following:
15        (1) Following Board review and comment, the CEO shall
16    submit the final proposed Educational Facility Master Plan
17    to the Commission. This shall occur no later than February
18    1, 2013.
19        (2) The Commission shall hold at least 2 public
20    hearings to solicit public comment on the proposed
21    Educational Facility Master Plan.
22        (3) The Commission shall vote on or before April 1,
23    2013 on the initial Educational Facility Master Plan.
24        (4) The Commission shall vote on subsequent
25    Educational Facility Master Plans on or before April 1 in a
26    master plan year.



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1        (5) If the Commission votes to reject the CEO's
2    proposed Educational Facility Master Plan, then the
3    Commission must identify, in writing, a description of the
4    specific areas that must be addressed and recommendations
5    on what might be done to address the Commission's concerns.
6        (6) The CEO shall have 30 days to submit a revised
7    Educational Facility Master Plan to the Board and post its
8    revised plan via the CPS Internet website.
9        (7) The Board shall have 30 days to review and approve
10    the CEO's revised Educational Facility Master Plan.
11        (8) If approved by Board review, the CEO shall resubmit
12    the revised Educational Facility Master Plan to the
13    Commission.
14        (9) The Commission shall vote only on whether the
15    specific concerns identified in the written rejection have
16    been satisfactorily addressed and, with a simple majority,
17    can approve the revised plan. If rejected, the Commission
18    must include comments and return the proposal to the Board
19    for further revisions. This process shall continue until
20    the CEO and the Board produce a proposal that is acceptable
21    to the Commission.
22        (10) The final approved Educational Facility Master
23    Plan shall be available to the public via the CPS Internet
24    website.
25        (11) No State capital funds authorized under this Code
26    shall be issued without Commission approval of an



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1    Educational Facility Master Plan.
2    (i) No later than January 1, 2016, and every 5 years
3thereafter, the CEO shall prepare and submit in person a
4preliminary proposed revision to the Educational Facility
5Master Plan to the Commission, each LSC, other local
6governments and agencies, and the Board.
7    (j) This proposed revision shall reflect the progress
8achieved during the first 2 1/2 years of the master plan. The
9revision process must include the following:
10        (1) The CEO or his or her designees shall meet
11    regularly with all stakeholders to seek input on the
12    revision and updating of the Educational Facility Master
13    Plan.
14        (2) The CEO shall be guided by the recommendations
15    received from the public and other local governmental
16    bodies; and, on or before January 1, 2016 or 2 1/2 years
17    following adoption of an Educational Facility Master Plan,
18    whichever occurs later, the CEO shall submit a proposed
19    revision to the master plan to the Board for its approval.
20        (3) Within 30 days after the CEO submission, the Board
21    shall review and approve the revision to the Educational
22    Facility Master Plan, and, within 7 days of Board approval,
23    the revised Educational Facility Master Plan shall be
24    submitted to the Commission for approval.
25    (n) The process for Commission review and approval of the
26revised master plan update shall be the same as described in



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1subsections (d) through (h) of this Section.
2    (105 ILCS 5/34-225 new)
3    Sec. 34-225. Capital Improvement Plan.
4    (a) As a foundation for development of the 5-year Capital
5Improvement Plan, the CEO shall establish a comprehensive
6process of annual school-based capital and facility
7maintenance, operations, and repair budgeting and reporting no
8later than 90 days after the effective date of this amendatory
9Act of the 97th General Assembly.
10    (b) Notwithstanding any other provisions of this Code to
11the contrary, such regulations shall include provisions for the
13        (1) The annual development by the local school of a
14    school-based capital, maintenance, utility, and repair
15    needs assessment report and recommendations, aligned with
16    the educational program and goals of the local school.
17        (2) The allocation of capital, maintenance,
18    operations, and repair funds among schools on the basis of
19    objective formulae developed by the CEO, after
20    consultation with the Facility Planning Commission, and
21    approved by the Board; such formulae shall reflect the
22    relative educational and facility needs of the schools to
23    the maximum extent feasible.
24        (3) The review, modification, and approval of the
25    proposed school-based facility recommendations by the CEO.



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1        (4) A collaborative school-based planning, technical
2    support, and training process involving parents, teachers,
3    other school personnel and, where appropriate, students to
4    effectuate the purposes of this Section.
5        (5) Procedures for schools to propose and the CEO to
6    modify and reallocate moneys in the annual capital budget,
7    to include a uniform system of CPS departmental and school
8    budget requests and appropriations and a uniform system for
9    annual capital expenditure reports.
10    (c) The CEO shall prepare a 5-year Capital Improvement Plan
11no later than March 1st of every fiscal year.
12    (d) The annual capital plan shall include the following
13information for all capital projects for which moneys is to be
15        (1) a description of the scope of the project;
16        (2) justification for the project;
17        (3) the status of the project, including percentage
18    funded or unfunded and, if appropriate, percentage already
19    completed;
20        (4) the operating budget impact of the project;
21        (5) the name and number of each school and facility
22    receiving money;
23        (6) the first approved start and end date for all
24    projects, as well as the current dates;
25        (7) all funding sources, including TIFs and
26    anticipated or proposed future funding sources;



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1        (8) the original approved cost at first approved start
2    date and current approved costs in the current annual
3    budget; and
4        (9) actual expenditures and encumbrances.
5    (e) The 5-year Capital Improvement Plan shall be based on
6school-based plans for facility capital, operating,
7maintenance, and repair budgeting and expenditures, as well as
8district-wide educational facility goals, neighborhood plans,
9and space and facility standards and priorities as aligned with
10the approved 10-year Educational Facility Master Plan and
12    (f) Within amounts estimated by the CEO, the 5-year Capital
13Improvement Plan shall reflect the aggregation of the proposed
14school-based, facility-related priorities, as submitted by the
15principal of each school and as modified and approved by the
16Board, and include a proposed 5-year budget for the
17administrative and operational expenses of the CPS
18facility-related departments and the school district for
19submission to the Board and the Commission.
20    (g) In the case of shared facilities, equitable facility
21and site space utilization and investments shall be required
22between all school or instructional units co-located in that
23facility and stated in a written memorandum of understanding
24between all school or instructional units so co-located. All
25facility investments of $5,000 or more must be matched for the
26other school unit or units in the shared facility.



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1    (h) The CEO shall submit the proposed 5-year Capital
2Improvement Plan to the Commission, all LSCs, and other local
3governments and agencies for their review and comment and shall
4submit a report of public and agency comments to the Commission
5following the public hearings.
6    (i) Prior to the CPS public hearings on the Capital
7Improvement Plan, the Commission shall prepare written
8comments and recommendations on the Capital Improvement Plan
9and budget and certify whether the Capital Improvement Plan and
10budget is consistent with the approved Educational Facility
11Master Plan and facility standards.
12    (j) CPS shall hold at least 2 public hearings on the
13proposed 5-year Capital Improvement Plan and budget prior to
14the CEO's submission of the 5-year Capital Improvement Plan to
15the Board for adoption.
16    (k) The CEO shall make the proposed Capital Improvement
17Plan and budget available for public review and comment no less
18than 30 days prior to being adopted by the Board.
19    (l) The annual capital budget shall be approved by CPS at
20the beginning of the CPS fiscal year.
21    (m) The 5-year Capital Improvement Plan shall be
22implemented and administered according to the following:
23        (1) the CEO shall propose for adoption by the Board
24    such regulations as needed to create a transparent process
25    of distributing any reductions or increases required after
26    approval of the 5-year Capital Improvement Plan in an



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1    equitable manner that considers the relative needs of all
2    schools to the maximum extent feasible and for modifying
3    the proposed 5-year Capital Improvement Plan accordingly;
4    and
5        (2) such process shall include an analysis of the
6    relative funding levels of the State, the city, the federal
7    government, and other sources of funds; a comparison of the
8    level of such funding against previous years' total
9    appropriations and actual expenditures; an analysis of the
10    distribution of funds; and notification of school
11    principals and LSCs of any such reductions or increases.
12    (105 ILCS 5/34-230 new)
13    Sec. 34-230. Financial transparency.
14    (a) The CEO shall provide the Board and the Commission with
15an Annual Capital Expenditure Report within 30 days after the
16end of the CPS fiscal year end that is aligned with the annual
17capital budget line items and projects, which shall be made
18available and accessible to the public via the CPS Internet
20    (b) The annual capital expenditure report shall include the
22        (1) expenditures for any and every project on which
23    funds were expended in that fiscal year, even if the
24    project was not initiated or completed in the fiscal year;
25        (2) identification of capital projects that aligned



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1    with the school-based facility needs assessment and
2    recommendations of school principals or were the result of
3    other public input;
4        (3) the levels of appropriation actually provided for
5    that fiscal year by the city, the State, and the federal
6    government, with a comparison of the level of such funding
7    against previous years' totals; and
8        (4) a summary overview explanation of the final budget.
9    (c) The CEO shall provide the Board and the Commission with
10a report on lease or use agreements for all CPS-owned and
11non-CPS owned facilities in which public schools operate, which
12shall be made available and accessible to the public via the
13CPS Internet website by the beginning of each CPS fiscal year
14and updated on or before January 1st of each fiscal year.
15    (d) The Lease or Use Agreements Report for CPS-owned
16facilities shall include the following information:
17        (1) the terms and conditions of all CPS-owned space
18    agreements for co-location, joint use, and shared use;
19        (2) all parties to the agreement, with the user name as
20    well as the full legal name of the fiduciary of the user
21    entity, including sub-lessees and sub-lessors;
22        (3) the length of the agreement;
23        (4) the financial terms of the agreement, including all
24    items of consideration that may or may not be financial in
25    nature;
26        (5) the formula for how much space is part of the



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1    agreement, the schedule for use, and the calculation for
2    arriving at the cost;
3        (6) a description of any capital improvement
4    agreements made by CPS and the amount of funds appropriated
5    by CPS for such capital improvement agreements;
6        (7) terms for operating costs for utilities,
7    maintenance, repair, security, and insurance;
8        (8) if appropriate, the actual revenue received by CPS
9    from the non-school user each year;
10        (9) the terms of any non-financial agreement
11    associated with the use of CPS space;
12        (10) lease or use agreements for non-CPS owned
13    facilities in which public schools, including charter
14    public schools, operate, as specified in subsections (1)
15    through (9) of this subsection (b); and
16        (11) for CPS charter schools operating in non-CPS owned
17    facilities that have been newly constructed or procured by
18    the initiative of such charter schools, the cost of new
19    construction or renovation and the amounts of all sources
20    of external funding and financing used to undertake such
21    new construction or renovation of non-CPS owned charter
22    facilities; and the operating costs for utilities,
23    maintenance, repair, security, and insurance for such
24    facilities if not otherwise accounted for in the Lease or
25    Use Agreements Report.
26    (e) The Commission shall select an independent auditor to



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1conduct periodic audits of the CPS 5-year Capital Improvement
2Plan or annual capital budget and expenditure reports, at a
3minimum, at least once every 3 years. Such an audit shall
4review a set of specific projects recommended by the Commission
5and shall include projects having been or currently being
6undertaken directly by CPS, as well as those capital projects
7carried out on behalf of CPS by the Chicago Public Building
8Commission. The periodic audit shall do the following:
9        (1) examine the quality of project specific planning,
10    design, and construction;
11        (2) examine the efficiency, fairness, and
12    effectiveness of project management, construction
13    management, and procurement processes and procedures;
14        (3) examine the cost of the project, including review
15    of change orders and contingencies, as well as in relation
16    to the quality of design and materials;
17        (4) review the actual impact on operating costs; and
18        (5) review the schedule of the projects, comparing the
19    first approved start and finish dates and the actual start
20    and finish dates.
21    (g) To facilitate the audit process and minimize their
22cost, the CPS and Chicago Public Building Commission shall
23require that all project architects, engineers, and
24contractors utilize a uniform, Internet web-based
25comprehensive project management and construction management
26software system, to be selected by CPS in coordination with and



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1with the input of the Chicago Public Building Commission.
2    (h) The cost of such periodic audits shall be paid by CPS
3from State funds provided to the school district for
4educational facility capital projects.
5    (105 ILCS 5/34-235 new)
6    Sec. 34-235. Facility information and accountability.
7    (a) No later than 90 days after the effective date of this
8amendatory Act of the 97th General Assembly, and every August 1
9thereafter, the CEO shall provide local school principals with
10an actual school-based budget and allocation for capital and
11facility maintenance, utilities, and repairs for their
12upcoming school year and a proposed school-based budget and
13allocation for capital and facility maintenance, utilities,
14and repairs for the next fiscal year. In co-location schools,
15the principals shall be given the total school budgets and
16allocations, as well as the individual allocations made between
17the school organizations sharing the school.
18    (b) Each year the school building shall be assessed by a
19facilities team, and the local school shall be given a copy of
20the detailed assessment report and an explanation of the
21meaning of the findings of the report within 30 days after the
22completion of the assessment.
23    (c) CPS shall establish a longitudinal facility data system
24of all CPS educational facilities in which classroom
25instruction or student, teacher, and family support services



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1and training are provided, as well as administrative and
2operational facilities, whether owner or leased.
3    (d) The inventory of schools and buildings shall be linked
4to its financial budget and report documents, as well as to a
5comprehensive project management and construction management
6information process and system.
7    (e) The longitudinal facility database shall include the
8following data elements:
9        (1) a list of all CPS-owned facilities and facilities
10    leased by CPS, by common street address;
11        (2) data on each educational facility, including:
12            (A) building and site square footage;
13            (B) age of building and additions;
14            (C) the most current assessment of the building and
15        grounds;
16            (D) building capacity and utilization;
17            (E) a description of capital investment by school
18        and building and by project, by year; and
19            (F) student demographics and risk factors,
20        enrollment, attendance rates, and measures of learning
21        and academic success, including, but not limited to
22        race and ethnicity, poverty rate, housing status, and
23        students with special needs, such as physical
24        disabilities, mental health, parental status,
25        educational needs, homeless students, students who are
26        young parents, English language learners, wards of the



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1        State (such as foster children and youth), and students
2        involved in the juvenile justice system;
3        (3) history and current annual operating costs for
4    utilities, maintenance, and repairs; and
5        (4) revenue from disposition of closed schools or use
6    agreements with currently operating schools or buildings.
7    (105 ILCS 5/34-240 new)
8    Sec. 34-240. Protective requirements.
9    (a) The CEO shall prepare an Educational Impact Statement
10for any school action proposed by CPS.
11    (b) The Educational Facility Master Plan and plan revisions
12shall include an Educational Impact Statement for any pending
13or anticipated school action.
14    (c) The Educational Impact Statement shall also include the
15transition plan for affected students and staff.
16    (d) The Educational Impact Statement shall include the
18        (1) the current and projected pupil enrollment of the
19    affected schools, the current facility utilization by
20    students and the community or other users, and a
21    description of the affected student population, including
22    attendance rates, race and ethnicity, poverty rate,
23    housing status, and students with special needs, including
24    parental status, housing status, English language
25    learners, wards of the State (such as foster children and



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1    youth), and students involved in the juvenile justice
2    system;
3        (2) the type, age, and physical condition of the
4    affected school buildings, maintenance, energy costs,
5    recent or planned building improvements, and descriptions
6    of the affected building's special features;
7        (3) information regarding the academic standing of the
8    students in the affected schools;
9        (4) estimated costs and savings, if any, related to
10    personnel, instruction, administration, transportation,
11    and other support services, that result from the school
12    action;
13        (5) the impact of the proposed school closing on all
14    affected students or community users;
15        (6) an outline of any proposed or potential use of the
16    school building for other educational programs or
17    administrative services; and
18        (7) the ability and capacity of other schools in the
19    affected community to accommodate pupils following the
20    school closure or significant change in school
21    utilization.
22    (e) The Educational Impact Statement shall be made publicly
23available, including via the CPS Internet website, and
24available at the CPS central office, and provided to the
25impacted LSCs or, in the case of schools without duly elected
26LSCs, other parent/guardian advisory body and school-based



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1management team at least 9 months in advance of the first day
2of school in the succeeding school year.
3    (f) No sooner than 30 days, but no later than 45 days,
4following the filing of the Educational Impact Statement, the
5CEO or his or her designee shall hold a joint public hearing
6with the impacted LSC and school-based management team at the
7schools subject to the proposed school closing or significant
8change in school utilization, including those schools
9designated as receiving schools or to be co-located, and shall
10allow all interested parties an opportunity to present comments
11or concerns regarding the proposed school closing or
12significant change in school utilization. The CEO shall ensure
13that notice of such hearing is widely and conspicuously posted
14in such a manner to maximize the number of affected individuals
15that receive notice, including providing notice to affected
16parents and students, and shall also notify members of the
17LSCs, community-based organizations, and the elected State and
18local officials who represent the affected community.
19    (g) So long as the revised proposal does not impact any
20school other than a school that was identified in the initial
21Educational Impact Statement, the CEO, after receiving public
22input, may substantially revise the proposed school closing or
23significant change in school utilization, provided that the CEO
24shall prepare a revised Educational Impact Statement in the
25form prescribed in this subsection (g) and publish and file
26such Educational Impact Statement in the same manner as



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1prescribed in this subsection (g). No sooner than 15 days
2following the filing of such revised Educational Impact
3Statement, the CEO or his or her designee shall hold a joint
4public hearing with the impacted LSC and school-based
5management team at the schools subject to the proposed school
6closing or significant change in school utilization, including
7those schools designated as receiving schools or to be
8co-located, and shall allow all interested parties an
9opportunity to present comments and concerns regarding such
10proposal. The CEO shall ensure that notice of such hearing is
11widely and conspicuously posted in such a manner as to maximize
12the number of affected individuals that receive notice,
13including providing notice to affected parents and students,
14and shall also notify members of the LSCs, community-based
15organizations, and the elected State and local officials who
16represent the affected community district.
17    (h) The Commission must certify that CPS has complied with
18the EdIS provisions of this Section prior to a final vote by
19the Board.
20    (i) Except as otherwise provided in the emergency closing
21procedures of this Section, all proposed school closings or
22significant changes in school utilization shall be approved by
23the Board pursuant to this Article and shall not take effect
24until all of the provisions of this Section have been satisfied
25and the school year in which such Board approval was granted
26has ended.



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1    (j) In the event that the CEO determines that a school
2closing or significant change in school utilization is
3immediately necessary for the preservation of student health,
4safety, or general welfare, the CEO may temporarily close a
5public school. Such emergency school closing shall remain in
6effect for no more than one month; during such time the CEO
7shall comply with the requirements of this Section in order for
8any such emergency school closure to extend beyond the
9one-month period or for the initiation of any significant
10change in school utilization to be adopted. During this period,
11the Commission shall be convened to determine the need for the
12emergency closure and grant approval for the remedial measures.
13If the Commission approves the determination of an emergency
14closure, then the closure may be extended for an additional
15month to accommodate the remediation. If the Commission fails
16to approve the emergency findings, then the proposed emergency
17school action shall be reversed and the Commission shall
18determine the appropriate accommodations to be made to the
19affected students.
20    (k) In the event that, notwithstanding the satisfactory
21completion of the EdIS, substantial opposition to the planned
22school action remains in the affected schools and community, a
23binding arbitration process may be requested, provided that the
24following are net:
25        (1) a minimum of at least 10 parents/guardians of
26    currently enrolled students petition the Commission to



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1    request independent arbitration, by submitting a statement
2    to the Commission and Board stating why they believe the
3    EdIS process as prescribed in this Article was not followed
4    or did not adequately address the educational needs and
5    well-being of the impacted students;
6        (2) the Commission reviews and votes to consider the
7    merits of the petitioners' objections; and
8        (3) following such Commission vote and approval,
9    petitioners seeking independent arbitration must secure
10    signatures in support of the request for independent
11    arbitration from a number of parents equal to or exceeding
12    a majority of the number of students enrolled at the
13    affected school on the official count date of the school
14    year.
15    (l) If the conditions in subsection (k) are met, the
16Commission Chairperson shall (i) establish a temporary special
17committee comprised of at least 3 Commission members, including
18the CPS designee to the Commission, along with at least one LSC
19member from the affected school and one member of the affected
20community, to oversee the arbitration process and (ii)
21designate an independent arbitrator, whose findings and
22recommendations shall be submitted to the Commission for review
23and certification. If the independent arbitrator finds a
24violation of the EdIS provisions of this Article or other
25evidence that the planned school action would inflict
26measurable harm to students' educational needs and well-being,



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1the Commission shall reverse the school action.
2    (m) A similar petition process in accordance with
3subsection (k) of this Section shall be available to the
4parents/guardians, students, and staff of any school affected
5by emergency school actions, and, in such case, the 3-member
6Commission shall have the power to stay the school action until
7compliance with the student or school transition plan is
9    (n) If the Board approves and undertakes a school action,
10then the CEO or his or her designee shall work collaboratively
11with local school educators and families of impacted public
12schools to ensure successful integration of affected students
13into new learning environments.
14    (o) The CEO or his or her designee shall prepare and
15implement a Student Transition Plan to support students in the
16wake of school actions developed in conjunction with the school
17and families affected.
18    (p) The CEO must identify and commit specific resources for
19implementation of the Student Transition Plan for a minimum of
20the full first academic year of the transition. This shall
21include a specific funding commitment, any necessary academic
22or social supports, and related activities for the students and
23staff, as well as increased security and safety measures
24required to accommodate the additional students.
25    (q) The Student Transition Plan shall do the following:
26        (1) be developed based upon an individual assessment of



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1    the students' needs, including social adjustment needs,
2    with involvement of the teachers, the IEP team in the case
3    of a special education student, and parents/guardians;
4        (2) allow an array of school choices and ensure access
5    to significantly higher-quality schools (for example,
6    those schools meeting or exceeding the No Child Left Behind
7    AYP or Annual Yearly Progress for the academic year in
8    which the school action is proposed);
9        (3) include counseling regarding the choice of schools
10    that includes all pertinent information to enable the
11    parent/guardian and child to make an informed choice,
12    including the option to visit the schools of choice prior
13    to making a decision; and
14        (4) include the provision of appropriate
15    transportation.
16    (r) If, after duly completing the EdIS, the Board approves
17and undertakes school actions (including closings, phase-outs,
18consolidations, boundary changes, co-location, turn-arounds,
19charter school creation, or re-structuring of grade
20configurations), then the CEO or his or her designee shall work
21collaboratively with local school educators and families of
22impacted public schools to ensure successful integration of
23affected students into new learning environments.
24    (s) The CEO shall provide that students affected or
25displaced by the approved school action have access to CPS
26selective enrollment school options by allowing such students



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1to apply for admission notwithstanding any other
2CPS-prescribed application deadlines.
3    (105 ILCS 5/34-245 new)
4    Sec. 34-245. Transition period.
5    (a) Within 60 days after the effective date of this
6amendatory Act of the 97th General Assembly, the Commission
7shall be appointed and hold its first meeting.
8    (b) The Commission shall assist CPS in formulating the
9policies of this amendatory Act of the 97th General Assembly.
10    (c) The Commission shall address and report on any school
11actions pending on the effective date of this amendatory Act of
12the 97th General Assembly or previously proposed in the final 6
13months of the CPS academic year prior to the effective date of
14this amendatory Act of the 97th General Assembly at its first
15meeting and until such time as the Educational Facility Master
16Plan is approved, at which point the Commission shall operate
17as prescribed within this Article.
18    (d) During this period of transition, the Commission shall
19take necessary steps to ensure that the educational objectives
20and the safety of all students is considered in all school
22    (105 ILCS 5/34-250 new)
23    Sec. 34-250. Penalties. No State funds may be appropriated
24or made available under Illinois law to a board of education



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1may be used for capital expenditures (such as building
2improvements) or to pay for direct costs associated with school
3actions or school maintenance unless the school board has in
4place the policies required under this Article and is otherwise
5in compliance with all other requirements of this amendatory
6Act of the 97th General Assembly. This shall apply to Capital
7funds authorized under the School Construction Law or funding
8requests made by specific members of the General Assembly.
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".