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


Bill Title: Amends the Chicago School District Article of the School Code. Adds to the definition of "school action". Provides that, beginning on July 1, 2019, the facility performance standards published by the district must include the performance standards of safety measures in the district. Requires the data, information, and analysis published on the district's Internet website regarding the 10-year educational facility master plan to include a brief description of 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, a description of a communications and community involvement plan for each community in the City of Chicago, historical and projected enrollment of each school, and other items. Requires the chief executive officer to publish a procedure for conducting an annual capital improvement hearing that shall discuss the district's annual capital budget. Adds to the requirements of the capital improvement plan published annually by the chief executive officer. Provides that beginning on June 1, 2019, and annually thereafter, the district shall conduct a regional capital budget hearing that describes planned projects for the year and reviews the 5-year capital budget and the educational facility master plan. Adds to the requirements of a school transition plan. Makes other changes.

Spectrum: Partisan Bill (Democrat 28-0)

Status: (Enrolled) 2018-06-29 - Sent to the Governor [HB5721 Detail]

Download: Illinois-2017-HB5721-Enrolled.html



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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The School Code is amended by changing Sections
534-210, 34-215, and 34-225 as follows:
6 (105 ILCS 5/34-210)
7 Sec. 34-210. The Educational Facility Master Plan.
8 (a) In accordance with the schedule set forth in this
9Article, the chief executive officer or his or her designee
10shall prepare a 10-year educational facility master plan every
115 years, with updates 2 1/2 years after the approval of the
12initial 10-year plan, with the first such educational facility
13master plan to be approved on or before October 1, 2013.
14 (b) The educational facility master plan shall provide
15community area level plans and individual school master plans
16with options for addressing the facility and space needs for
17each facility operated by the district over a 10-year period.
18 (c) The data, information, and analysis that shall inform
19the educational facility master plan shall be published on the
20district's Internet website and shall include the following:
21 (1) a description of the district's guiding
22 educational goals and standards;
23 (2) a brief description of the types of instructional

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1 programs and services delivered in each school, including
2 specific plans for special education programs, early
3 childhood education programs, career and technical
4 education programs, and any other programs that are space
5 sensitive to avoid space irregularities;
6 (3) a description of the process, procedure, and
7 timeline for community participation in the development of
8 the plan;
9 (3.5) A description of a communications and community
10 involvement plan for each community in the City of Chicago
11 that includes the engagement of students, school
12 personnel, parents, and key stakeholders throughout the
13 community and all of the following:
14 (A) community action councils;
15 (B) local school councils or, if not present,
16 alternative parent and community governance for that
17 school;
18 (C) the Chicago Teachers Union; and
19 (D) all current principals.
20 (4) the enrollment capacity of each school and its rate
21 of enrollment and historical and projected enrollment, and
22 current and projected demographic information for the
23 neighborhood surrounding the district based on census data
24 utilization;
25 (5) a report on the assessment of individual building
26 and site conditions;

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1 (6) a data table with historical and projected
2 enrollment data by school by grade;
3 (7) community analysis, including a study of current
4 and projected demographics, land usage, transportation
5 plans, residential housing and commercial development,
6 private schools, plans for water and sewage service
7 expansion or redevelopment, and institutions of higher
8 education;
9 (8) an analysis of the facility needs and requirements
10 and a process to address critical facility capital needs of
11 every school building, which shall be publicly available on
12 the district's Internet website for schools and
13 communities to have access to the information of the
14 district; and
15 (9) identification of potential sources of funding for
16 the implementation of the Educational Facility Master
17 Plan, including financial options through tax increment
18 financing, property tax levies for schools, and bonds that
19 address critical facility needs; and .
20 (10) any school building disposition, including a plan
21 delineating the process through which citizen involvement
22 is facilitated and establishing the criteria that is
23 utilized in building disposition decisions, one of which
24 shall be consideration of the impact of any proposed new
25 use of a school building on the neighborhood in which the
26 school building is located and how it may impact enrollment

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1 of schools in that community area.
2 (d) On or before May 1, 2013, the chief executive officer
3or his or her designee shall prepare and distribute for comment
4a preliminary draft of the Educational Facility Master Plan.
5The draft plan shall be distributed to the City of Chicago, the
6County of Cook, the Chicago Park District, the Chicago Housing
7Authority, the Chicago Transit Authority, attendance centers
8operated by the district, and charter schools operating within
9the district. Each attendance center shall make the draft plan
10available to the local school council at the annual
11organizational meeting or to an alternative advisory body and
12to the parents, guardians, and staff of the school. The draft
13plan also shall be distributed to each State Senator and State
14Representative with a district in the City of Chicago, to the
15Mayor of the City of Chicago, and to each alderman of the City.
16 (e) The chief executive or his or her designee shall
17publish a procedure for conducting regional public hearings and
18submitting public comments on the draft plan and an annual
19capital improvement hearing that shall discuss the district's
20annual capital budget and that is not in conjunction with
21operating budget hearings.
22 (f) After consideration of public input on the draft plan,
23the chief executive officer or his or her designee shall
24prepare and publish a report describing the public input
25gathered and the process used to incorporate public input in
26the development of the final plan to be recommended to the

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1Board.
2 (g) The chief executive officer shall present the final
3plan and report to the Board for final consideration and
4approval.
5 (h) The final approved Educational Facility Master Plan
6shall be published on the district's website.
7 (i) No later than July 1, 2016, and every 5 years
8thereafter, the chief executive officer or his or her designee
9shall prepare and submit for public comment a draft revised
10Educational Facility Master Plan following the procedures
11required for development of the original plan.
12 (j) This proposed revised plan shall reflect the progress
13achieved during the first 2 1/2 years of the Educational
14Facility Master Plan.
15 (k) On or before December 1, 2018, the Board shall adopt a
16policy to address under-enrolled schools. The policy must
17contain a list of potential interventions to address schools
18with declining enrollment, including, but not limited to,
19action by the district to: (i) create a request for proposals
20for joint use of the school with an intergovernmental rental or
21other outside entity rental, (ii) except for a charter school,
22cease any potential plans for school expansion that may
23negatively impact enrollment at the under-enrolled school,
24(iii) redraft attendance boundaries to maximize enrollment of
25additional students, or (iv) work with under-enrolled schools
26to identify opportunities to increase enrollment and lower the

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1costs of occupancy through joint use agreements.
2(Source: P.A. 99-531, eff. 7-8-16.)
3 (105 ILCS 5/34-215)
4 (Text of Section from P.A. 97-473)
5 Sec. 34-215. Capital improvement plans.
6 (a) The district shall develop a capital needs review
7process and one-year and 5-year capital improvement plans.
8 (b) By January 1, 2012, the chief executive officer or his
9or her designee shall establish a capital needs review process
10that includes a comprehensive bi-annual assessment of the
11capital needs at each facility owned, leased, or operated by
12the district. The review process shall include development of
13an assessment form to be used by attendance centers to provide
14a school-based capital, maintenance, utility, and repair needs
15assessment report and recommendations aligned with the
16educational program and goals of the attendance center.
17 (c) Beginning with fiscal year 2013 and for each year
18thereafter, the chief executive officer shall publish a
19proposed one-year capital improvement plan at least 60 days
20prior to the end of the prior fiscal year. The proposed
21one-year capital improvement plan shall be posted on the
22district's Internet website and shall be subject to public
23review and comment and at least 3 public hearings. The one-year
24capital improvement plan shall include the following
25information for all capital projects for which funds are to be

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

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1 next fiscal year.
2 (d) The chief executive officer shall present a final
3proposed one-year capital improvement plan to the Board for
4consideration.
5 (e) The Board shall adopt a final one-year capital
6improvement plan no more than 45 days after adopting the annual
7budget.
8 (f) Beginning with fiscal year 2013, the chief executive
9officer shall publish a proposed 5-year capital improvement
10plan with the proposed one-year capital improvement plan. The
115-year capital improvement plan shall include proposed capital
12improvements for the next 4 years and, to the extent
13practicable, the same information for each proposed project
14that is required for the one-year capital improvement plan.
15 (g) The 5-year capital improvement plan shall be assessed
16annually. An annual report shall be published explaining the
17differences between projected capital projects in the 5-year
18capital improvement plan and the capital projects authorized in
19the proposed one-year capital improvement plan for the
20following fiscal year. The 5-year plan shall be published on
21the district's Internet website and distributed to all
22principals.
23(Source: P.A. 97-473, eff. 1-1-12.)
24 (Text of Section from P.A. 97-474)
25 Sec. 34-215. Capital improvement plans.

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1 (a) The district shall develop a capital needs review
2process and one-year and 5-year capital improvement plans.
3 (b) By January 1, 2012, the chief executive officer or his
4or her designee shall establish a capital needs review process
5that includes a comprehensive bi-annual assessment of the
6capital needs at each facility owned, leased, or operated by
7the district. The review process shall include development of
8an assessment form to be used by attendance centers to provide
9a school-based capital, maintenance, utility, and repair needs
10assessment report and recommendations aligned with the
11educational program and goals of the attendance center.
12 (c) Beginning with fiscal year 2013 and for each year
13thereafter, the chief executive officer shall publish a
14proposed one-year capital improvement plan at least 60 days
15prior to the end of the prior fiscal year. The proposed
16one-year capital improvement plan shall be posted on the
17district's Internet website and shall be subject to public
18review and comment and at least 3 public hearings. The one-year
19capital improvement plan shall include the following
20information for all capital projects for which funds are to be
21appropriated:
22 (1) description of the scope of the project;
23 (2) justification for the project;
24 (3) status of the project, including, if appropriate,
25 percentage funded, percentage complete, and approved start
26 and end dates;

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1 (4) original approved cost and current approved cost
2 for each project;
3 (5) the impact of the project on the district's
4 operating budget;
5 (6) the name of each school and facility affected by a
6 project;
7 (7) all funding sources for the project;
8 (8) any relationship of the project to the needs
9 assessment submitted by the attendance center; and
10 (9) any relationship to the district's 10-year
11 Educational Facilities Master Plan; .
12 (10) a description of the scope of work to be done,
13 schedule of achieved and projected major milestones, and an
14 explanation for any delay in meeting projected milestones;
15 and
16 (11) a detailed summary of all modernization, new
17 construction, or other capital improvements, and a process
18 for making recommendations for modernization of existing
19 school facilities, new school facility construction, and
20 other school facility capital improvements planned for the
21 next fiscal year.
22 (d) The chief executive officer shall present a final
23proposed one-year capital improvement plan to the Board for
24consideration.
25 (e) The Board shall adopt a final one-year capital
26improvement plan no more than 45 days after adopting the annual

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1budget.
2 (f) Beginning with fiscal year 2013, the chief executive
3officer shall publish a proposed 5-year capital improvement
4plan with the proposed one-year capital improvement plan. The
55-year capital improvement plan shall include proposed capital
6improvements for the next 4 years and, to the extent
7practicable, the same information for each proposed project
8that is required for the one-year capital improvement plan.
9 (g) The 5-year capital improvement plan shall be assessed
10annually. An annual report shall be published explaining the
11differences between projected capital projects in the 5-year
12capital improvement plan and the capital projects authorized in
13the proposed one-year capital improvement plan for the
14following fiscal year. The 5-year plan shall be published on
15the district's Internet website and distributed to all
16principals.
17(Source: P.A. 97-474, eff. 8-22-11.)
18 (105 ILCS 5/34-225)
19 Sec. 34-225. School transition plans.
20 (a) If the Board approves a school action, the chief
21executive officer or his or her designee shall work
22collaboratively with local school educators and families of
23students attending a school that is the subject of a school
24action to ensure successful integration of affected students
25into new learning environments.

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1 (b) The chief executive officer or his or her designee
2shall prepare and implement a school transition plan to support
3students attending a school that is the subject of a school
4action that accomplishes the goals of this Section. The chief
5executive must identify and commit specific resources for
6implementation of the school transition plan for a minimum of
7the full first academic year after the board approves a school
8action.
9 (c) The school transition plan shall include the following:
10 (1) services to support the academic, social, and
11 emotional needs of students; supports for students with
12 disabilities, homeless students, and English language
13 learners; and support to address security and safety
14 issues;
15 (2) options to enroll in higher performing schools;
16 (3) informational briefings regarding the choice of
17 schools that include all pertinent information to enable
18 the parent or guardian and child to make an informed
19 choice, including the option to visit the schools of choice
20 prior to making a decision; and
21 (4) the provision of appropriate transportation where
22 practicable; .
23 (5) the departments that are responsible for the
24 oversight;
25 (6) specific programs to be offered; and
26 (7) support to implement plans at receiving schools,

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1 specifying the funding source.
2 (d) When implementing a school action, the Board must make
3reasonable and demonstrated efforts to ensure that:
4 (1) affected students receive a comparable level of
5 social support services provided by Chicago Public Schools
6 that were available at the previous school, provided that
7 the need for such social support services continue to
8 exist; and
9 (2) class sizes of any receiving school do not exceed
10 those established under the Chicago Public Schools policy
11 regarding class size, subject to principal discretion.
12(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11;
1397-813, eff. 7-13-12; 97-1133, eff. 11-30-12.)
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