Bill Amendment: IL HB5721 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: SCH CD-CHI SCHOOL ACTION

Status: 2018-08-19 - Public Act . . . . . . . . . 100-0965 [HB5721 Detail]

Download: Illinois-2017-HB5721-Senate_Amendment_001.html

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Sen. Mattie Hunter

Filed: 5/29/2018

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AMENDMENT TO HOUSE BILL 5721
AMENDMENT NO. ______. Amend House Bill 5721 by replacing
everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing Sections
34-210, 34-215, and 34-225 as follows:
(105 ILCS 5/34-210)
Sec. 34-210. The Educational Facility Master Plan.
(a) In accordance with the schedule set forth in this
Article, the chief executive officer or his or her designee
shall prepare a 10-year educational facility master plan every
5 years, with updates 2 1/2 years after the approval of the
initial 10-year plan, with the first such educational facility
master plan to be approved on or before October 1, 2013.
(b) The educational facility master plan shall provide
community area level plans and individual school master plans
with options for addressing the facility and space needs for

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each facility operated by the district over a 10-year period.
(c) The data, information, and analysis that shall inform
the educational facility master plan shall be published on the
district's Internet website and shall include the following:
(1) a description of the district's guiding
educational goals and standards;
(2) a brief description of the types of instructional
programs and services delivered in each school, including
specific plans for special education programs, early
childhood education programs, career and technical
education programs, and any other programs that are space
sensitive to avoid space irregularities;
(3) a description of the process, procedure, and
timeline for community participation in the development of
the plan;
(3.5) A description of a communications and community
involvement plan for each community in the City of Chicago
that includes the engagement of students, school
personnel, parents, and key stakeholders throughout the
community and all of the following:
(A) community action councils;
(B) local school councils or, if not present,
alternative parent and community governance for that
school;
(C) the Chicago Teachers Union; and
(D) all current principals.

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(4) the enrollment capacity of each school and its rate
of enrollment and historical and projected enrollment, and
current and projected demographic information for the
neighborhood surrounding the district based on census data
utilization;
(5) a report on the assessment of individual building
and site conditions;
(6) a data table with historical and projected
enrollment data by school by grade;
(7) community analysis, including a study of current
and projected demographics, land usage, transportation
plans, residential housing and commercial development,
private schools, plans for water and sewage service
expansion or redevelopment, and institutions of higher
education;
(8) an analysis of the facility needs and requirements
and a process to address critical facility capital needs of
every school building, which shall be publicly available on
the district's Internet website for schools and
communities to have access to the information of the
district; and
(9) identification of potential sources of funding for
the implementation of the Educational Facility Master
Plan, including financial options through tax increment
financing, property tax levies for schools, and bonds that
address critical facility needs; and .

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(10) any school building disposition, including a plan
delineating the process through which citizen involvement
is facilitated and establishing the criteria that is
utilized in building disposition decisions, one of which
shall be consideration of the impact of any proposed new
use of a school building on the neighborhood in which the
school building is located and how it may impact enrollment
of schools in that community area.
(d) On or before May 1, 2013, the chief executive officer
or his or her designee shall prepare and distribute for comment
a preliminary draft of the Educational Facility Master Plan.
The draft plan shall be distributed to the City of Chicago, the
County of Cook, the Chicago Park District, the Chicago Housing
Authority, the Chicago Transit Authority, attendance centers
operated by the district, and charter schools operating within
the district. Each attendance center shall make the draft plan
available to the local school council at the annual
organizational meeting or to an alternative advisory body and
to the parents, guardians, and staff of the school. The draft
plan also shall be distributed to each State Senator and State
Representative with a district in the City of Chicago, to the
Mayor of the City of Chicago, and to each alderman of the City.
(e) The chief executive or his or her designee shall
publish a procedure for conducting regional public hearings and
submitting public comments on the draft plan and an annual
capital improvement hearing that shall discuss the district's

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annual capital budget and that is not in conjunction with
operating budget hearings.
(f) After consideration of public input on the draft plan,
the chief executive officer or his or her designee shall
prepare and publish a report describing the public input
gathered and the process used to incorporate public input in
the development of the final plan to be recommended to the
Board.
(g) The chief executive officer shall present the final
plan and report to the Board for final consideration and
approval.
(h) The final approved Educational Facility Master Plan
shall be published on the district's website.
(i) No later than July 1, 2016, and every 5 years
thereafter, the chief executive officer or his or her designee
shall prepare and submit for public comment a draft revised
Educational Facility Master Plan following the procedures
required for development of the original plan.
(j) This proposed revised plan shall reflect the progress
achieved during the first 2 1/2 years of the Educational
Facility Master Plan.
(k) Based upon the data from the plan, the district must do
at least one of the following for all under-enrolled schools:
(i) create a request for proposals for joint use of the school
with an intergovernmental rental or other outside entity
rental, (ii) except for a charter school, cease any potential

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plans for school expansion that may negatively impact
enrollment at the under-enrolled school, (iii) redo attendance
boundaries to maximize enrollment of additional students, or
(iv) work with under-enrolled schools to identify
opportunities to increase enrollment and lower the costs of
occupancy through joint use agreements.
(Source: P.A. 99-531, eff. 7-8-16.)
(105 ILCS 5/34-215)
(Text of Section from P.A. 97-473)
Sec. 34-215. Capital improvement plans.
(a) The district shall develop a capital needs review
process and one-year and 5-year capital improvement plans.
(b) By January 1, 2012, the chief executive officer or his
or her designee shall establish a capital needs review process
that includes a comprehensive bi-annual assessment of the
capital needs at each facility owned, leased, or operated by
the district. The review process shall include development of
an assessment form to be used by attendance centers to provide
a school-based capital, maintenance, utility, and repair needs
assessment report and recommendations aligned with the
educational program and goals of the attendance center.
(c) Beginning with fiscal year 2013 and for each year
thereafter, the chief executive officer shall publish a
proposed one-year capital improvement plan at least 60 days
prior to the end of the prior fiscal year. The proposed

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one-year capital improvement plan shall be posted on the
district's Internet website and shall be subject to public
review and comment and at least 3 public hearings. The one-year
capital improvement plan shall include the following
information for all capital projects for which funds are to be
appropriated:
(1) description of the scope of the project;
(2) justification for the project;
(3) status of the project, including, if appropriate,
percentage funded, percentage complete, and approved start
and end dates;
(4) original approved cost and current approved cost
for each project;
(5) the impact of the project on the district's
operating budget;
(6) the name of each school and facility affected by a
project;
(7) all funding sources for the project;
(8) any relationship of the project to the needs
assessment submitted by the attendance center; and
(9) any relationship to the district's 10-year
Educational Facilities Master Plan; .
(10) a description of the scope of work to be done,
schedule of achieved and projected major milestones, and an
explanation for any delay in meeting projected milestones;
and

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(11) a detailed summary of all modernization, new
construction, or other capital improvements, and a process
for making recommendations for modernization of existing
school facilities, new school facility construction, and
other school facility capital improvements planned for the
next fiscal year.
(d) The chief executive officer shall present a final
proposed one-year capital improvement plan to the Board for
consideration.
(e) The Board shall adopt a final one-year capital
improvement plan no more than 45 days after adopting the annual
budget.
(f) Beginning with fiscal year 2013, the chief executive
officer shall publish a proposed 5-year capital improvement
plan with the proposed one-year capital improvement plan. The
5-year capital improvement plan shall include proposed capital
improvements for the next 4 years and, to the extent
practicable, the same information for each proposed project
that is required for the one-year capital improvement plan.
(g) The 5-year capital improvement plan shall be assessed
annually. An annual report shall be published explaining the
differences between projected capital projects in the 5-year
capital improvement plan and the capital projects authorized in
the proposed one-year capital improvement plan for the
following fiscal year. The 5-year plan shall be published on
the district's Internet website and distributed to all

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principals.
(Source: P.A. 97-473, eff. 1-1-12.)
(Text of Section from P.A. 97-474)
Sec. 34-215. Capital improvement plans.
(a) The district shall develop a capital needs review
process and one-year and 5-year capital improvement plans.
(b) By January 1, 2012, the chief executive officer or his
or her designee shall establish a capital needs review process
that includes a comprehensive bi-annual assessment of the
capital needs at each facility owned, leased, or operated by
the district. The review process shall include development of
an assessment form to be used by attendance centers to provide
a school-based capital, maintenance, utility, and repair needs
assessment report and recommendations aligned with the
educational program and goals of the attendance center.
(c) Beginning with fiscal year 2013 and for each year
thereafter, the chief executive officer shall publish a
proposed one-year capital improvement plan at least 60 days
prior to the end of the prior fiscal year. The proposed
one-year capital improvement plan shall be posted on the
district's Internet website and shall be subject to public
review and comment and at least 3 public hearings. The one-year
capital improvement plan shall include the following
information for all capital projects for which funds are to be
appropriated:

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(1) description of the scope of the project;
(2) justification for the project;
(3) status of the project, including, if appropriate,
percentage funded, percentage complete, and approved start
and end dates;
(4) original approved cost and current approved cost
for each project;
(5) the impact of the project on the district's
operating budget;
(6) the name of each school and facility affected by a
project;
(7) all funding sources for the project;
(8) any relationship of the project to the needs
assessment submitted by the attendance center; and
(9) any relationship to the district's 10-year
Educational Facilities Master Plan; .
(10) a description of the scope of work to be done,
schedule of achieved and projected major milestones, and an
explanation for any delay in meeting projected milestones;
and
(11) a detailed summary of all modernization, new
construction, or other capital improvements, and a process
for making recommendations for modernization of existing
school facilities, new school facility construction, and
other school facility capital improvements planned for the
next fiscal year.

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(d) The chief executive officer shall present a final
proposed one-year capital improvement plan to the Board for
consideration.
(e) The Board shall adopt a final one-year capital
improvement plan no more than 45 days after adopting the annual
budget.
(f) Beginning with fiscal year 2013, the chief executive
officer shall publish a proposed 5-year capital improvement
plan with the proposed one-year capital improvement plan. The
5-year capital improvement plan shall include proposed capital
improvements for the next 4 years and, to the extent
practicable, the same information for each proposed project
that is required for the one-year capital improvement plan.
(g) The 5-year capital improvement plan shall be assessed
annually. An annual report shall be published explaining the
differences between projected capital projects in the 5-year
capital improvement plan and the capital projects authorized in
the proposed one-year capital improvement plan for the
following fiscal year. The 5-year plan shall be published on
the district's Internet website and distributed to all
principals.
(Source: P.A. 97-474, eff. 8-22-11.)
(105 ILCS 5/34-225)
Sec. 34-225. School transition plans.
(a) If the Board approves a school action, the chief

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executive officer or his or her designee shall work
collaboratively with local school educators and families of
students attending a school that is the subject of a school
action to ensure successful integration of affected students
into new learning environments.
(b) The chief executive officer or his or her designee
shall prepare and implement a school transition plan to support
students attending a school that is the subject of a school
action that accomplishes the goals of this Section. The chief
executive must identify and commit specific resources for
implementation of the school transition plan for a minimum of
the full first academic year after the board approves a school
action.
(c) The school transition plan shall include the following:
(1) services to support the academic, social, and
emotional needs of students; supports for students with
disabilities, homeless students, and English language
learners; and support to address security and safety
issues;
(2) options to enroll in higher performing schools;
(3) informational briefings regarding the choice of
schools that include all pertinent information to enable
the parent or guardian and child to make an informed
choice, including the option to visit the schools of choice
prior to making a decision; and
(4) the provision of appropriate transportation where

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practicable; .
(5) the departments that are responsible for the
oversight;
(6) specific programs to be offered; and
(7) support to implement plans at receiving schools,
specifying the funding source.
(d) When implementing a school action, the Board must make
reasonable and demonstrated efforts to ensure that:
(1) affected students receive a comparable level of
social support services provided by Chicago Public Schools
that were available at the previous school, provided that
the need for such social support services continue to
exist; and
(2) class sizes of any receiving school do not exceed
those established under the Chicago Public Schools policy
regarding class size, subject to principal discretion.
(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11;
97-813, eff. 7-13-12; 97-1133, eff. 11-30-12.)".