(105 ILCS 5/34-18.43)
Establishing an equitable and effective school facility development process.
(a) The General Assembly finds all of the following:
(1) The Illinois Constitution recognizes that a
"fundamental goal of the People of the State is the educational development of all persons to the limits of their capacities".
(2) Quality educational facilities are essential for
fostering the maximum educational development of all persons through their educational experience from pre-kindergarten through high school.
(3) The public school is a major institution in our
communities. Public schools offer resources and opportunities for the children of this State who seek and deserve quality education, but also benefit the entire community that seeks improvement through access to education.
(4) The equitable and efficient use of available
facilities-related resources among different schools and among racial, ethnic, income, and disability groups is essential to maximize the development of quality public educational facilities for all children, youth, and adults. The factors that impact the equitable and efficient use of facility-related resources vary according to the needs of each school community. Therefore, decisions that impact school facilities should include the input of the school community to the greatest extent possible.
(5) School openings, school closings, school
consolidations, school turnarounds, school phase-outs, school construction, school repairs, school modernizations, school boundary changes, and other related school facility decisions often have a profound impact on education in a community. In order to minimize the negative impact of school facility decisions on the community, these decisions should be implemented according to a clear system-wide criteria and with the significant involvement of local school councils, parents, educators, and the community in decision-making.
(6) The General Assembly has previously stated that
it intended to make the individual school in the City of Chicago the essential unit for educational governance and improvement and to place the primary responsibility for school governance and improvement in the hands of parents, teachers, and community residents at each school. A school facility policy must be consistent with these principles.
(b) In order to ensure that school facility-related decisions are made with the input of the community and reflect educationally sound and fiscally responsible criteria, a Chicago Educational Facilities Task Force shall be established within 15 days after the effective date of this amendatory Act of the 96th General Assembly.
(c) The Chicago Educational Facilities Task Force shall consist of all of the following members:
(1) Two members of the House of Representatives
appointed by the Speaker of the House, at least one of whom shall be a member of the Elementary & Secondary Education Committee.
(2) Two members of the House of Representatives
appointed by the Minority Leader of the House, at least one of whom shall be a member of the Elementary & Secondary Education Committee.
(3) Two members of the Senate appointed by the
President of the Senate, at least one of whom shall be a member of the Education Committee.
(4) Two members of the Senate appointed by the
Minority Leader of the Senate, at least one of whom shall be a member of the Education Committee.
(5) Two representatives of school community
organizations with past involvement in school facility issues appointed by the Speaker of the House.
(6) Two representatives of school community
organizations with past involvement in school facility issues appointed by the President of the Senate.
(7) The chief executive officer of the school
district or his or her designee.
(8) The president of the union representing teachers
in the schools of the district or his or her designee.
(9) The president of the association representing
principals in the schools of the district or his or her designee.
(d) The Speaker of the House shall appoint one of the appointed House members as a co-chairperson of the Chicago Educational Facilities Task Force. The President of the Senate shall appoint one of the appointed Senate members as a co-chairperson of the Chicago Educational Facilities Task Force. Members appointed by the legislative leaders shall be appointed for the duration of the Chicago Educational Facilities Task Force; in the event of a vacancy, the appointment to fill the vacancy shall be made by the legislative leader of the same chamber and party as the leader who made the original appointment.
(e) The Chicago Educational Facilities Task Force shall call on independent experts, as needed, to gather and analyze pertinent information on a pro bono basis, provided that these experts have no previous or on-going financial interest in school facility issues related to the school district. The Chicago Educational Facilities Task Force shall secure pro bono expert assistance within 15 days after the establishment of the Chicago Educational Facilities Task Force.
(f) The Chicago Educational Facilities Task Force shall be empowered to gather further evidence in the form of testimony or documents or other materials.
(g) The Chicago Educational Facilities Task Force, with the help of the independent experts, shall analyze past Chicago experiences and data with respect to school openings, school closings, school consolidations, school turnarounds, school phase-outs, school construction, school repairs, school modernizations, school boundary changes, and other related school facility decisions on students. The Chicago Educational Facilities Task Force shall consult widely with stakeholders, including public officials, about these facility issues and their related costs and shall examine relevant best practices from other school systems for dealing with these issues systematically and equitably. These initial investigations shall include opportunities for input from local stakeholders through hearings, focus groups, and interviews.
(h) The Chicago Educational Facilities Task Force shall prepare recommendations describing how the issues set forth in subsection (g) of this Section can be addressed effectively based upon educationally sound and fiscally responsible practices.
(i) The Chicago Educational Facilities Task Force shall hold hearings in separate areas of the school district at times that shall maximize school community participation to obtain comments on draft recommendations. The final hearing shall take place no later than 15 days prior to the completion of the final recommendations.
(j) The Chicago Educational Facilities Task Force shall prepare final proposed policy and legislative recommendations for the General Assembly, the Governor, and the school district. The recommendations may address issues, standards, and procedures set forth in this Section. The final recommendations shall be made available to the public through posting on the school district's Internet website and other forms of publication and distribution in the school district at least 7 days before the recommendations are submitted to the General Assembly, the Governor, and the school district.
(k) The recommendations may address issues of system-wide criteria for ensuring clear priorities, equity, and efficiency.
Without limitation, the final recommendations may propose significant decision-making roles for key stakeholders, including the individual school and community; recommend clear criteria or processes for establishing criteria for making school facility decisions; and include clear criteria for setting priorities with respect to school openings, school closings, school consolidations, school turnarounds, school phase-outs, school construction, school repairs, school modernizations, school boundary changes, and other related school facility decisions, including the encouragement of multiple community uses for school space.
Without limitation, the recommendations may propose criteria for student mobility; the transferring of students to lower performing schools; teacher mobility; insufficient notice to and the lack of inclusion in decision-making of local school councils, parents, and community members about school facility decisions; and costly facilities-related expenditures due to poor educational and facilities planning.
(l) The State Board of Education and the school district shall provide administrative support to the Chicago Educational Facilities Task Force.
(m) After recommendations have been issued, the Chicago Educational Facilities Task Force shall meet at least once annually, upon the call of the chairs, for the purpose of reviewing Chicago public schools' compliance with the provisions of Sections 34-200 through 34-235 of this Code concerning school action and facility master planning. The Task Force shall prepare a report to the General Assembly, the Governor's Office, the Mayor of the City of Chicago, and the Chicago Board of Education indicating how the district has met the requirements of the provisions of Sections 34-200 through 34-235 of this Code concerning school action and facility master planning.
(Source: P.A. 96-803, eff. 10-30-09; 97-333, eff. 8-12-11; 97-473, eff. 1-1-12; 97-474, eff. 8-22-11.)
(105 ILCS 5/34-18.52)
(a) The board may appoint at least one employee to act as a liaison to facilitate the enrollment and transfer of records of students in the legal custody of the Department of Children and Family Services when enrolling in or changing schools. The board may appoint any employee of the school district who is licensed under Article 21B of this Code to act as a liaison; however, employees who meet any of the following criteria must be prioritized for appointment:
(1) Employees who have worked with mobile student
populations or students in foster care.
(2) Employees who are familiar with enrollment,
record transfers, existing community services, and student support services.
(3) Employees who serve as a high-level administrator.
(4) Employees who are counselors or have experience
(5) Employees who are knowledgeable on child welfare
(6) Employees who serve as a school social worker.
(b) Liaisons under this Section are encouraged to build capacity and infrastructure within the school district to support students in the legal custody of the Department of Children and Family Services. Liaison responsibilities may include the following:
(1) streamlining the enrollment processes for
(2) implementing student data tracking and monitoring
(3) ensuring that students in the legal custody of
the Department of Children and Family Services receive all school nutrition and meal programs available;
(4) coordinating student withdrawal from a school,
record transfers, and credit recovery;
(5) becoming experts on the foster care system and
State laws and policies in place that support children under the legal custody of the Department of Children and Family Services;
(6) coordinating with child welfare partners;
(7) providing foster care-related information and
training to the school district;
(8) working with the Department of Children and
Family Services to help students maintain their school placement, if appropriate;
(9) reviewing student schedules to ensure that
students are on track to graduate;
(10) encouraging a successful transition into
adulthood and post-secondary opportunities;
(11) encouraging involvement in extracurricular
(12) knowing what support is available within the
school district and community for students in the legal custody of the Department of Children and Family Services.
(c) The school district is encouraged to designate a liaison by the beginning of the 2017-2018 school year.
(d) Individuals licensed under Article 21B of this Code acting as a liaison under this Section shall perform the duties of a liaison in addition to existing contractual obligations.
(Source: P.A. 99-781, eff. 8-12-16; 100-201, eff. 8-18-17.)
(105 ILCS 5/34-18.53)
Breastfeeding accommodations for pupils.
(a) Each public school shall provide reasonable accommodations to a lactating pupil on a school campus to express breast milk, breastfeed an infant child, or address other needs related to breastfeeding. Reasonable accommodations under this Section include, but are not limited to, all of the following:
(1) Access to a private and secure room, other than a
restroom, to express breast milk or breastfeed an infant child.
(2) Permission to bring onto a school campus a breast
pump and any other equipment used to express breast milk.
(3) Access to a power source for a breast pump or any
other equipment used to express breast milk.
(4) Access to a place to store expressed breast milk
(b) A lactating pupil on a school campus must be provided a reasonable amount of time to accommodate her need to express breast milk or breastfeed an infant child.
(c) A public school shall provide the reasonable accommodations specified in subsections (a) and (b) of this Section only if there is at least one lactating pupil on the school campus.
(d) A public school may use an existing facility to meet the requirements specified in subsection (a) of this Section.
(e) A pupil may not incur an academic penalty as a result of her use, during the school day, of the reasonable accommodations specified in this Section and must be provided the opportunity to make up any work missed due to such use.
(f) In instances where a student files a complaint of noncompliance with the requirements of this Section, the public school shall implement the grievance procedure of 23 Ill. Adm. Code 200, including appeals procedures.
(Source: P.A. 100-29, eff. 1-1-18; 100-863, eff. 8-14-18.)
(105 ILCS 5/34-18.54)
Implicit bias training.
(a) The General Assembly makes the following findings:
(1) implicit racial bias influences evaluations of
and behavior toward those who are the subject of the bias;
(2) understanding implicit racial bias is needed in
order to reduce that bias;
(3) marginalized students would benefit from having
access to educators who have worked to reduce their biases; and
(4) training that helps educators overcome implicit
racial bias has implication for classroom interactions, student evaluation, and classroom engagement; it also affects student academic self-concept.
(b) The board shall require in-service training for school personnel to include training to develop cultural competency, including understanding and reducing implicit racial bias.
(c) As used in this Section, "implicit racial bias" means a preference, positive or negative, for a racial or ethnic group that operates outside of awareness. This bias has 3 different components: affective, behavioral, and cognitive.
(Source: P.A. 100-14, eff. 7-1-17; 100-863, eff. 8-14-18.)
(105 ILCS 5/34-18.57)
Booking stations on school grounds.
(a) There shall be no student booking station established or maintained on the grounds of any school.
(b) This prohibition shall be applied to student booking stations only, as defined in this Section. The prohibition does not prohibit or affect the establishment or maintenance of any place operated by or under the control of law enforcement personnel, school resource officers, or other security personnel that does not also qualify as a student booking station as defined in paragraph (2) of subsection (d) of this Section. The prohibition does not affect or limit the powers afforded law enforcement officers to perform their duties within schools as otherwise prescribed by law.
(c) When the underlying suspected or alleged criminal act is an act of violence, and isolation of a student or students is deemed necessary to the interest of public safety, and no other location is adequate for secure isolation of the student or students, offices as described in paragraph (1) of subsection (d) of this Section may be employed to detain students for a period no longer than that required to alleviate that threat to public safety.
(d) As used in this Section, "student booking station" means a building, office, room, or any indefinitely established space or site, mobile or fixed, which operates concurrently as:
(1) predominantly or regularly a place of operation
for a municipal police department, county sheriff department, or other law enforcement agency, or under the primary control thereof; and
(2) a site at which students are detained in
connection with criminal charges or allegations against those students, taken into custody, or engaged with law enforcement personnel in any process that creates a law enforcement record of that contact with law enforcement personnel or processes.
(Source: P.A. 100-204, eff. 8-18-17; 100-863, eff. 8-14-18.)
(105 ILCS 5/34-18.61)
(Text of Section from P.A. 101-205)
(a) In this Section, "asthma action plan" has the meaning given to that term under Section 22-30.
(b) Notwithstanding any other provision of law, the school district must allow any student with an asthma action plan, an Individual Health Care Action Plan, an Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or a plan pursuant to the federal Individuals with Disabilities Education Act to self-administer any medication required under those plans if the student's parent or guardian provides the school district with (i) written permission for the student's self-administration of medication and (ii) written authorization from the student's physician, physician assistant, or advanced practice registered nurse for the student to self-administer the medication. A parent or guardian must also provide to the school district the prescription label for the medication, which must contain the name of the medication, the prescribed dosage, and the time or times at which or the circumstances under which the medication is to be administered. Information received by the school district under this subsection shall be kept on file in the office of the school nurse or, in the absence of a school nurse, the school's administrator.
(c) The school district must adopt an emergency action plan for a student who self-administers medication under subsection (b). The plan must include both of the following:
(1) A plan of action in the event a student is unable
to self-administer medication.
(2) The situations in which a school must call 9-1-1.
(d) The school district and its employees and agents shall incur no liability, except for willful and wanton conduct, as a result of any injury arising from the self-administration of medication by a student under subsection (b). The student's parent or guardian must sign a statement to this effect, which must acknowledge that the parent or guardian must indemnify and hold harmless the school district and its employees and agents against any claims, except a claim based on willful and wanton conduct, arising out of the self-administration of medication by a student.
(Source: P.A. 101-205, eff. 1-1-20
(Text of Section from P.A. 101-418)
Policy on sexual harassment.
The school district must create, maintain, and implement an age-appropriate policy on sexual harassment that must be posted on the school district's website and, if applicable, any other area where policies, rules, and standards of conduct are currently posted in each school and must also be included in the school district's student code of conduct handbook.
(Source: P.A. 101-418, eff. 1-1-20.)
(Text of Section from P.A. 101-451)
Class size reporting.
No later than November 16, 2020, and annually thereafter, the school district must report to the State Board of Education information on the school district described under subsection (b) of Section 2-3.136a and must make that information available on its website.
(Source: P.A. 101-451, eff. 1-1-20.)
(Text of Section from P.A. 101-531)
Sexual abuse investigations at schools.
Every 2 years, the school district must review all existing policies and procedures concerning sexual abuse investigations at schools to ensure consistency with Section 22-85.
(Source: P.A. 101-531, eff. 8-23-19.)
(Text of Section from P.A. 101-548)
Door security locking means.
(a) In this Section, "door security locking means" means a door locking means intended for use by a trained school district employee in a school building for the purpose of preventing ingress through a door of the building.
(b) The school district may install a door security locking means on a door of a school building to prevent unwanted entry through the door if all of the following requirements are met:
(1) The door security locking means can be engaged
without opening the door.
(2) The unlocking and unlatching of the door security
locking means from the occupied side of the door can be accomplished without the use of a key or tool.
(3) The door security locking means complies with all
applicable State and federal accessibility requirements.
(4) Locks, if remotely engaged, can be unlocked from
(5) The door security locking means is capable of
being disengaged from the outside by school district employees, and school district employees may use a key or other credentials to unlock the door from the outside.
(6) The door security locking means does not modify
the door-closing hardware, panic hardware, or fire exit hardware.
(7) Any bolts, stops, brackets, or pins employed by
the door security locking means do not affect the fire rating of a fire door assembly.
(8) School district employees are trained in the
engagement and release of the door security locking means, from within and outside the room, as part of the emergency response plan.
(9) For doors installed before July 1, 2019 only, the
unlocking and unlatching of a door security locking means requires no more than 2 releasing operations. For doors installed on or after July 1, 2019, the unlocking and unlatching of a door security locking means requires no more than one releasing operation. If doors installed before July 1, 2019 are replaced on or after July 1, 2019, the unlocking and unlatching of a door security locking means on the replacement door requires no more than one releasing operation.
(10) The door security locking means is no more than
48 inches above the finished floor.
(11) The door security locking means otherwise
complies with the school building code prepared by the State Board of Education under Section 2-3.12.
The school district may install a door security locking means that does not comply with paragraph (3) or (10) of this subsection if (i) the school district meets all other requirements under this subsection and (ii) prior to its installation, local law enforcement officials, the local fire department, and the board agree, in writing, to the installation and use of the door security locking means. The school district must keep the agreement on file and must, upon request, provide the agreement to the State Board of Education. The agreement must be included in the school district's filed school safety plan under the School Safety Drill Act.
(c) The school district must include the location of any door security locking means and must address the use of the locking and unlocking means from within and outside the room in its filed school safety plan under the School Safety Drill Act. Local law enforcement officials and the local fire department must be notified of the location of any door security locking means and how to disengage it. Any specific tool needed to disengage the door security locking means from the outside of the room must, upon request, be made available to local law enforcement officials and the local fire department.
(d) A door security locking means may be used only (i) by a school district employee trained under subsection (e), (ii) during an emergency that threatens the health and safety of students and employees or during an active shooter drill, and (iii) when local law enforcement officials and the local fire department have been notified of its installation prior to its use. The door security locking means must be engaged for a finite period of time in accordance with the school district's school safety plan adopted under the School Safety Drill Act.
(e) If the school district installs a door security locking means, it must conduct an in-service training program for school district employees on the proper use of the door security locking means. The school district shall keep a file verifying the employees who have completed the program and must, upon request, provide the file to the local fire department and local law enforcement agency.
(f) A door security locking means that requires 2 releasing operations must be discontinued from use when the door is replaced or is a part of new construction. Replacement and new construction door hardware must include mortise locks, compliant with the applicable building code, and must be lockable from the occupied side without opening the door. However, mortise locks are not required if panic hardware or fire exit hardware is required.
(Source: P.A. 101-548, eff. 8-23-19.)