Public Act 096-0803
 		





HB0363 Enrolled
LRB096 06022 NHT 16103 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 adding Section 
34-18.37 as follows:
 
    (105 ILCS 5/34-18.37  new)
    Sec. 34-18.37. 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 final recommendations on or before October 30, 2009 
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 final recommendations are submitted to 
the General Assembly, the Governor, and the school district.
    (k)  The final 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 final 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. 
 

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