Public Act 097-1133
 
SB0547 EnrolledLRB097 04358 RLJ 44397 b



    AN ACT concerning local government.

 
    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, 34-225, and 34-230 and  by adding Section 34-232 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 July 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;
        (3) a description of the process, procedure, and 
    timeline for community participation in the development of 
    the plan;
        (4) the enrollment capacity of each school and its rate 
    of 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 
    of the district; and
        (9) identification of potential sources of funding for 
    the implementation of the Educational Facility Master 
    Plan.
    (d)  On or before May 1, 2013 January 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 or 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 public hearings and 
submitting public comments on the draft plan.
    (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 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 January 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.

(Source: P.A. 97-473, eff. 1-1-12; 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.

    (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.)
 
    (105 ILCS 5/34-230)
    Sec. 34-230. School action public meetings and hearings.
    (a) By October November 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.
        (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.
    (4) 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.
    (5) 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.

(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11; 
97-813, eff. 7-13-12; revised 10-17-12.)
 
    (105 ILCS 5/34-232 new)
    Sec. 34-232. Proposed school action announcement and 
notice; 2012-2013 school year. The following apply for school 
actions proposed during the 2012-2013 school year:
        (1) On or before March 31, 2013, 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 published under Section 34-230 of this 
    Code.
        (2) On or before March 31, 2013, the chief executive 
    officer shall publish notice of the proposed school 
    actions.
        (3) The chief executive officer shall provide notice of 
    proposed school actions at least 15 calendar days in 
    advance of a public hearing or meeting.
    All other provisions of Section 34-230 of this Code that do 
not conflict with this Section must be followed when proposing 
school actions.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.