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Public Act 094-0973
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| HB5416 Enrolled |
LRB094 16945 NHT 52224 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The School Code is amended by changing Sections |
2-3.137 (added by Public Act 94-225) and 3-14.21 as follows:
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(105 ILCS 5/2-3.137)
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Sec. 2-3.137. Inspection and review of school facilities; |
task force.
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(a) The State Board of Education shall adopt rules for the
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documentation of school plan reviews and inspections of school |
facilities,
including
the responsible individual's signature. |
Such documents shall be kept on file
by the
regional
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superintendent of schools. The State Board of Education shall |
also adopt rules for the qualifications of persons performing |
the reviews and inspections, which must be consistent with the |
recommendations in the task force's report issued to the |
Governor and the General Assembly under subsection (b) of this |
Section. Those qualifications shall include requirements for |
training, education, and at least 2 years of relevant |
experience.
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(b) The State Board of Education shall convene a task force |
for the
purpose of reviewing the documents required under rules |
adopted under
subsection (a) of this
Section and making |
recommendations regarding training and
accreditation
of |
individuals performing reviews or inspections required under |
Section
2-3.12,
3-14.20, 3-14.21, or 3-14.22 of this Code, |
including regional
superintendents of schools and others |
performing reviews or inspections
under the authority of a |
regional superintendent (such as consultants,
municipalities, |
and fire protection districts).
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The task force shall consist of
all of the following |
members:
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(1) The Executive Director of the Capital Development |
Board
or his or her designee and a staff representative of |
the Division of Building Codes and Regulations.
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(2) The State Superintendent of Education or his or her
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designee.
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(3) A person appointed
by the State Board of Education.
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(4) A person appointed by an organization representing |
school
administrators.
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(5) A person appointed by
an organization representing |
suburban school administrators and school board
members.
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(6) A person appointed by an organization representing |
architects.
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(7) A person appointed by an organization representing |
regional
superintendents of schools.
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(8) A person appointed by an organization representing |
fire inspectors.
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(9) A person appointed by an organization representing |
Code
administrators.
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(10) A person appointed by an organization |
representing plumbing
inspectors.
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(11) A person appointed by an organization that |
represents both parents
and teachers.
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(12) A person appointed by an organization |
representing municipal
governments in the State.
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(13) A person appointed by the State Fire Marshal from |
his or her office.
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(14) A person appointed by an organization |
representing fire chiefs.
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(15) The Director of Public Health or his or her |
designee.
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(16) A person appointed by an organization |
representing structural engineers.
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(17) A person appointed by an organization |
representing professional engineers.
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The task force shall issue a report of its findings to the |
Governor and the
General Assembly no later than January 1, |
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2006.
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(Source: P.A. 94-225, eff. 7-14-05.)
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(105 ILCS 5/3-14.21) (from Ch. 122, par. 3-14.21)
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Sec. 3-14.21. Inspection of schools.
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(a) The regional superintendent shall inspect and survey |
all
public
schools under his or her supervision and notify the |
board of education, or the
trustees of schools in a district |
with trustees, in writing before July 30,
whether or not the |
several schools in their district have been kept as required
by |
law, using forms provided by the State Board of Education which |
are based on
the Health/Life Safety Code for Public Schools |
adopted under Section 2-3.12. The regional
superintendent |
shall report his or her findings to the State Board of
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Education on
forms provided by the State Board of Education.
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(b) If the regional superintendent determines that a school |
board has
failed in a timely manner to correct urgent items |
identified in a previous
life-safety report completed under |
Section 2-3.12 or as otherwise previously
ordered by the |
regional superintendent, the regional superintendent shall |
order
the school board to adopt and submit to the regional |
superintendent a plan for
the immediate correction of the |
building violations. This plan shall be
adopted following a |
public hearing that is conducted by the school board on the
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violations and the plan and that is preceded by at least 7 |
days' prior notice
of the hearing published in
a newspaper of |
general circulation within the school district. If the regional
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superintendent determines in the next annual inspection that |
the plan has not
been completed and that the violations have |
not been corrected, the regional
superintendent shall submit a |
report to the State Board of Education with a
recommendation |
that the State Board withhold from payments of general State |
aid
due to the district an amount necessary to correct the |
outstanding violations.
The State Board, upon notice to the |
school board
and to the regional superintendent, shall consider |
the report at a meeting of
the State Board, and may order that |
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a sufficient amount of general State aid be
withheld from |
payments due to the district to correct the violations. This
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amount shall be paid to the regional superintendent who shall |
contract on
behalf of the school board for the correction of |
the outstanding violations.
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(c) The Office of the State Fire Marshal or a qualified |
fire official, as defined in Section 2-3.12 of this Code, to |
whom the State Fire Marshal has delegated his or her authority |
shall conduct an annual fire safety inspection of each school |
building in this State. The State Fire Marshal or the fire |
official shall coordinate its inspections with the regional |
superintendent. The inspection shall be based on the fire |
safety code authorized in Section 2-3.12 of this Code. Any |
violations shall be reported in writing to the regional |
superintendent and school board and shall reference the |
specific code sections where a discrepancy has been identified |
within 15 days after the inspection has been conducted. The |
regional superintendent shall address those violations that |
are not corrected in a timely manner pursuant to subsection (b) |
of this Section. The inspection must be at no cost to the |
school district.
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(d) If a municipality or, in the case of an unincorporated |
area, a county or, if applicable, a fire protection district |
wishes to perform new construction inspections under the |
jurisdiction of a regional superintendent, then the entity must |
register this wish with the regional superintendent. These |
inspections must be based on the building code authorized in |
Section 2-3.12 of this Code. The inspections must be at no cost |
to the school district.
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(Source: P.A. 94-225, eff. 7-14-05.)
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