Public Act 100-0965
 
HB5721 EnrolledLRB100 20495 AXK 35857 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    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 
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. 
        (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 .
        (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 
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) On or before December 1, 2018, the Board shall adopt a 
policy to address under-enrolled schools. The policy must 
contain a list of potential interventions to address schools 
with declining enrollment, including, but not limited to, 
action by the district to:
(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 plans for school expansion that may 
negatively impact enrollment at the under-enrolled school,

(iii) redraft 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 
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
        (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 
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:
        (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.
    (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 
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 
    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.)


 
    Section 99. Effective date. This Act takes effect upon 
becoming law.