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| Public Act 101-0133 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section | ||||
34-230 as follows: | ||||
(105 ILCS 5/34-230) | ||||
Sec. 34-230. School action public meetings and hearings. | ||||
(a) By October 1 of each year, the chief executive officer | ||||
shall prepare and publish guidelines for school actions. The | ||||
guidelines shall outline the academic and non-academic | ||||
criteria for a school action. These guidelines shall be created | ||||
with the involvement of local school councils, parents, | ||||
educators, and community organizations. These guidelines, and | ||||
each subsequent revision, shall be subject to a public comment | ||||
period of at least 21 days before their approval. | ||||
(b) The chief executive officer shall announce all proposed | ||||
school actions to be taken at the close of the current academic | ||||
year consistent with the guidelines by December 1 of each year. | ||||
(c) On or before December 1 of each year, the chief | ||||
executive officer shall publish notice of the proposed school | ||||
actions. | ||||
(1) Notice of the proposal for a school action shall | ||||
include a written statement of the basis for the school | ||||
action, an explanation of how the school action meets the | ||
criteria set forth in the guidelines, and a draft School | ||
Transition Plan identifying the items required in Section | ||
34-225 of this Code for all schools affected by the school | ||
action. The notice shall state the date, time, and place of | ||
the hearing or meeting. For a school closure only, 8 months | ||
after notice is given, the chief executive officer must | ||
publish on the district's website a full financial report | ||
on the closure that includes an analysis of the closure's | ||
costs and benefits to the district. | ||
(2) The chief executive officer or his or her designee | ||
shall provide notice to the principal, staff, local school | ||
council, and parents or guardians of any school that is | ||
subject to the proposed school action. | ||
(3) The chief executive officer shall provide written | ||
notice of any proposed school action to the State Senator, | ||
State Representative, and alderman for the school or | ||
schools that are subject to the proposed school action. | ||
(4) The chief executive officer shall publish notice of | ||
proposed school actions on the district's Internet | ||
website. | ||
(5) The chief executive officer shall provide notice of | ||
proposed school actions at least 30 calendar days in | ||
advance of a public hearing or meeting. The notice shall | ||
state the date, time, and place of the hearing or meeting. | ||
No Board decision regarding a proposed school action may | ||
take place less than 60 days after the announcement of the | ||
proposed school action. | ||
(d) The chief executive officer shall publish a brief | ||
summary of the proposed school actions and the date, time, and | ||
place of the hearings or meetings in a newspaper of general | ||
circulation. | ||
(e) The chief executive officer shall designate at least 3 | ||
opportunities to elicit public comment at a hearing or meeting | ||
on a proposed school action and shall do the following: | ||
(1) Convene at least one public hearing at the | ||
centrally located office of the Board. | ||
(2) Convene at least 2 additional public hearings or | ||
meetings at a location convenient to the school community | ||
subject to the proposed school action. | ||
(f) Public hearings shall be conducted by a qualified | ||
independent hearing officer chosen from a list of independent | ||
hearing officers. The general counsel shall compile and publish | ||
a list of independent hearing officers by November 1 of each | ||
school year. The independent hearing officer shall have the | ||
following qualifications: | ||
(1) he or she must be a licensed attorney eligible to | ||
practice law in Illinois; | ||
(2) he or she must not be an employee of the Board; and | ||
(3) he or she must not have represented the Board, its | ||
employees or any labor organization representing its | ||
employees, any local school council, or any charter or | ||
contract school in any capacity within the last year. | ||
The independent hearing officer shall issue a written | ||
report that summarizes the hearing and determines whether the | ||
chief executive officer complied with the requirements of this | ||
Section and the guidelines. | ||
The chief executive officer shall publish the report on the | ||
district's Internet website within 5 calendar days after | ||
receiving the report and at least 15 days prior to any Board | ||
action being taken. | ||
(g) Public meetings shall be conducted by a representative | ||
of the chief executive officer. A summary of the public meeting | ||
shall be published on the district's Internet website within 5 | ||
calendar days after the meeting. | ||
(h) If the chief executive officer proposes a school action | ||
without following the mandates set forth in this Section, the | ||
proposed school action shall not be approved by the Board | ||
during the school year in which the school action was proposed.
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(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.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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