99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB2183

Introduced 10/20/2015, by Sen. Michael E. Hastings

SYNOPSIS AS INTRODUCED:

`105 ILCS 5/Art. 16A heading new`
`105 ILCS 5/16A-5 new`
`105 ILCS 5/16A-10 new`
`105 ILCS 5/16A-15 new`
`105 ILCS 5/16A-20 new`
`105 ILCS 5/16A-25 new`
`105 ILCS 5/16A-30 new`
`105 ILCS 5/16A-35 new`
`105 ILCS 5/16A-40 new`
`105 ILCS 5/16A-45 new`

Amends the School Code to include provisions concerning school action and facility master planning that apply to any school district whose school board has voted to approve a school closure after July 1, 2015 (other than the Chicago school district). Sets forth provisions concerning educational facility standards, an educational facility master plan, capital improvement plans, financial transparency, school transition plans, school action public meetings and hearings, and emergencies. Effective immediately.

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FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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1 AN ACT concerning education.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The School Code is amended by adding Article 16A

5 as follows:

6 (105 ILCS 5/Art. 16A heading new)

7 ARTICLE 16A. SCHOOL ACTION AND FACILITY MASTER PLANNING

8 (105 ILCS 5/16A-5 new)

9 Sec. 16A-5. Applicability. This Article applies to any

10 school district whose school board has voted to approve a

11 school closure after July 1, 2015, other than a school district

12 organized under Article 34 of this Code.

13 (105 ILCS 5/16A-10 new)

14 Sec. 16A-10. Definitions. In this Article:

15 "Capital improvement plan" means a plan that identifies

16 capital projects to be started or finished within the

17 designated period, excluding projects funded by locally raised

18 capital not exceeding $10,000.

19 "Community area" means a geographic area of the school

20 district defined by the superintendent as part of the

21 development of the educational facilities master plan.

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1 "Space utilization" means the percentage achieved by

2 dividing the school's actual enrollment by its design capacity.

3 "School closing" or "school closure" means the closing of a

4 school, the effect of which is the assignment and transfer of

5 all students enrolled at that school to one or more designated

6 receiving schools.

7 "School consolidation" means the consolidation of 2 or more

8 schools by closing one or more schools and reassigning the

9 students to another school.

10 "Phase-out" means the gradual cessation of enrollment in

11 certain grades each school year until a school closes or is

12 consolidated with another school.

13 "School action" means any school closing, school

14 consolidation, co-location, boundary change if the boundary

15 change forces a student transfer, or phase-out.

16 (105 ILCS 5/16A-15 new)

17 Sec. 16A-15. Educational facility standards.

18 (a) On or before December 31, 2015, a district shall

19 publish space utilization standards on the district's Internet

20 website. The standards shall include all of the following:

21 (1) The method by which design capacity is calculated,

22 including consideration of the requirements of elementary

23 and secondary programs, shared campuses, after school

24 programming, the facility needs, grade and age ranges of

25 the attending students, and the use of school buildings by

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1 governmental agencies and community organizations.

2 (2) The method to determine efficient use of a school

3 building based upon educational program design capacity.

4 (3) The rate of utilization.

5 (4) The standards for overcrowding and

6 underutilization.

7 (b) The district's superintendent or his or her designee

8 shall publish a space utilization report for each school

9 building operated by the district on the district's Internet

10 website on or before December 31 of each year.

11 (c) The facility performance standards provisions are as

12 follows:

13 (1) On or before December 31, 2015, the superintendent

14 shall propose minimum and optimal facility performance

15 standards for thermal comfort, daylight, acoustics, indoor

16 air quality, furniture ergonomics for students and staff,

17 technology, life safety, Americans with Disabilities Act

18 accessibility, plumbing and washroom access, environmental

19 hazards, and walkability.

20 (2) The superintendent shall conduct at least one

21 public hearing and submit the proposed educational

22 facilities standards to the school board for review and

23 comment prior to submission to the board.

24 (3) After the superintendent has incorporated the

25 input and recommendations of the public, the

26 superintendent shall issue final facility performance

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1 standards.

2 (4) The superintendent is authorized to amend the

3 facility performance standards following the procedures in

4 this Section.

5 (5) The final educational facility space utilization

6 and performance standards shall be published on the

7 district's Internet website.

8 (105 ILCS 5/16A-20 new)

9 Sec. 16A-20. Educational facility master plan.

10 (a) In accordance with the schedule set forth in this

11 Article, the superintendent or his or her designee shall

12 prepare a 10-year educational facility master plan every 5

13 years, with updates 2 and one-half years after the approval of

14 the initial 10-year plan, with the first such educational

15 facility master plan to be approved on or before July 1, 2016.

16 (b) The educational facility master plan shall provide

17 community area level plans and individual school master plans

18 with options for addressing the facility and space needs for

19 each facility operated by the district over a 10-year period.

20 (c) The data, information, and analysis that shall inform

21 the educational facility master plan shall be published on the

22 district's Internet website and shall include all of the

23 following:

24 (1) A description of the district's guiding

25 educational goals and standards.

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1 (2) A brief description of the types of instructional

2 programs and services delivered in each school.

3 (3) A description of the process, procedure, and

4 timeline for community participation in the development of

5 the plan.

6 (4) The enrollment capacity of each school and its rate

7 of utilization.

8 (5) A report on the assessment of individual building

9 and site conditions.

10 (6) A data table with historical and projected

11 enrollment data by school by grade.

12 (7) Community analysis, including a study of current

13 and projected demographics, land usage, transportation

14 plans, residential housing and commercial development,

15 private schools, plans for water and sewage service

16 expansion or redevelopment, and institutions of higher

17 education.

18 (8) An analysis of the facility needs and requirements

19 of the district.

20 (9) Identification of potential sources of funding for

21 the implementation of the educational facility master

22 plan.

23 (d) On or before January 1, 2017, the superintendent or his

24 or her designee shall prepare and distribute for comment a

25 preliminary draft of the educational facility master plan. The

26 draft plan shall be distributed to the school board, the local

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1 collective bargaining unit, and the mayor of any community

2 within the boundaries of the school district.

3 (e) The superintendent or his or her designee shall publish

4 a procedure for conducting public hearings and submitting

5 public comments on the draft plan.

6 (f) After consideration of public input on the draft plan,

7 the superintendent or his or her designee shall prepare and

8 publish a report describing the process used to incorporate

9 public input in the development of the final plan to be

10 recommended to the board.

11 (g) The superintendent shall present the final plan and

12 report to the board for final consideration and approval.

13 (h) The final approved educational facility master plan

14 shall be published on the district's Internet website.

15 (i) No later than January 1, 2020 and every 2 years

16 thereafter until January 1, 2030, the superintendent or his or

17 her designee shall prepare and submit for public comment a

18 draft revised educational facility master plan following the

19 procedures required for development of the original plan.

20 (j) This proposed revised plan shall reflect the progress

21 achieved during the first 2 and one-half years of the

22 educational facility master plan.

23 (105 ILCS 5/16A-25 new)

24 Sec. 16A-25. Capital improvement plans.

25 (a) The district shall develop a capital needs review

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1 process and one-year and 5-year capital improvement plans.

2 (b) On or before January 1, 2016, the superintendent or his

3 or her designee shall establish a capital needs review process

4 that includes a comprehensive biannual assessment of the

5 capital needs at each facility owned, leased, or operated by

6 the district. The review process shall include development of

7 an assessment form to be used by attendance centers to provide

8 a school-based capital, maintenance, utility, and repair needs

9 assessment report and recommendations aligned with the

10 educational program and goals of the attendance center.

11 (c) Beginning with fiscal year 2018 and for each year

12 thereafter, the superintendent shall publish a proposed

13 one-year capital improvement plan at least 60 days prior to the

14 end of the prior fiscal year. The proposed one-year capital

15 improvement plan shall be posted on the district's Internet

16 website and shall be subject to public review and comment and

17 at least one public hearing. The one-year capital improvement

18 plan shall include all of the following information for all

19 capital projects for which funds are to be appropriated:

20 (1) A description of the scope of the project.

21 (2) The justification for the project.

22 (3) The status of the project, including, if

23 appropriate, the percentage funded, the percentage

24 complete, and the approved start and end dates.

25 (4) The original approved cost and current approved

26 cost for each project.

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1 (5) The impact of the project on the district's

2 operating budget.

3 (6) The name of each school and facility affected by a

4 project.

5 (7) All funding sources for the project.

6 (8) Any relationship of the project to the needs

7 assessment submitted by the attendance center.

8 (9) Any relationship to the district's 10-year

9 educational facility master plan.

10 (d) The superintendent shall present a final proposed

11 one-year capital improvement plan to the school board for

12 consideration.

13 (e) The board shall adopt a final one-year capital

14 improvement plan no more than 45 days after adopting the annual

15 budget.

16 (f) Beginning with fiscal year 2018, the superintendent

17 shall publish a proposed 5-year capital improvement plan with

18 the proposed one-year capital improvement plan. The 5-year

19 capital improvement plan shall include proposed capital

20 improvements for the next 4 years and, to the extent

21 practicable, the same information for each proposed project

22 that is required for the one-year capital improvement plan.

23 (g) The 5-year capital improvement plan shall be assessed

24 annually. An annual report shall be published explaining the

25 differences between projected capital projects in the 5-year

26 capital improvement plan and the capital projects authorized in

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1 the proposed one-year capital improvement plan for the

2 following fiscal year. The 5-year plan shall be published on

3 the district's Internet website and distributed to all

4 principals.

5 (105 ILCS 5/16A-30 new)

6 Sec. 16A-30. Financial transparency.

7 (a) The superintendent shall provide the school board with

8 an annual capital expenditure report within 90 days after the

9 end of the fiscal year. The report shall be published on the

10 district's Internet website.

11 (b) The annual capital expenditure report shall include all

12 of the following:

13 (1) Expenditures on all facilities in which students

14 enrolled in the district receive instruction for all

15 capital projects on which funds were expended in that

16 fiscal year, even if the project was not initiated or

17 completed in the fiscal year.

18 (2) Identification of capital projects that aligned

19 with the school-based facility needs assessment and

20 recommendations of school principals or were the result of

21 other public input.

22 (3) The levels of appropriation actually provided to

23 the district for capital projects in the fiscal year by the

24 local, the State, and the federal government, with a

25 comparison of the level of such funding against funding

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1 levels for the prior 5 years.

2 (4) A summary comparison of annual capital expenses and

3 the corresponding one-year capital improvement plan.

4 (5) A 5-year budget projection for the district.

5 (c) A list of all property owned by or leased to the board

6 shall be published on the district's Internet website on or

7 before January 1, 2016 and shall be updated annually. For each

8 property listed, the most recent facility standards review and

9 any capital improvement projects that are pending or planned or

10 have been completed in the 2-year period prior to publication

11 shall be outlined.

12 (d) All lease agreements in which the board is a lessor or

13 lessee shall be published on the district's Internet website

14 for the duration of the lease. Temporary facility use, right of

15 entry, and other temporary license agreements not exceeding one

16 year in duration are not subject to this requirement.

17 (e) The district shall publish on the district's Internet

18 website a summary of the lease agreements in which the board is

19 a lessor or lessee, including all of the following:

20 (1) A description of the leasehold.

21 (2) The full legal name of the parties to the

22 agreement.

23 (3) The term of the agreement.

24 (4) The rent amount.

25 (5) The party responsible for maintenance, capital

26 improvements, utilities, and other expenses.

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1 (105 ILCS 5/16A-35 new)

2 Sec. 16A-35. School transition plan.

3 (a) If the school board approves a school action, the

4 superintendent or his or her designee shall work

5 collaboratively with local school educators and the families of

6 students attending a school that is the subject of a school

7 action to ensure successful integration of affected students

8 into new learning environments.

9 (b) The superintendent or his or her designee shall prepare

10 and implement a school transition plan to support students

11 attending a school that is the subject of a school action that

12 accomplishes the goals of this Section. The superintendent must

13 identify and commit specific resources for implementation of

14 the school transition plan for a minimum of the full first

15 school year after the board approves a school action.

16 (c) The school transition plan shall include the following:

17 (1) services to support the academic, social, and

18 emotional needs of students; supports for students with

19 disabilities, homeless students, and English learners; and

20 support to address security and safety issues; and

21 (2) the provision of appropriate transportation where

22 practicable.

23 (105 ILCS 5/16A-40 new)

24 Sec. 16A-40. School action public meetings and hearings.

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1 (a) On or before November 1 of each year of a proposed

2 school closure, the superintendent shall prepare and publish

3 guidelines for school actions. The guidelines shall outline the

4 academic and non-academic criteria for a school action. These

5 guidelines and each subsequent revision shall be subject to a

6 public comment period of at least 21 days before their

7 approval.

8 (b) The superintendent shall announce all proposed school

9 actions to be taken at the close of the current school year,

10 consistent with the guidelines, on or before December 1 of each

11 year.

12 (c) On or before December 1, 2015, the superintendent shall

13 publish notice of the proposed school actions.

14 (1) Notice of the proposal for a school action shall

15 include a written statement of the basis for the school

16 action and an explanation of how the school action meets

17 the criteria set forth in the guidelines. This proposal

18 shall include a preliminary school transition plan

19 identifying the items required in Section 16A-35 of this

20 Code for all schools affected by the school action.

21 (2) The superintendent or his or her designee shall

22 provide notice to the principal, staff, and parents or

23 guardians of any school that is subject to the proposed

24 school action.

25 (3) The superintendent shall provide written notice of

26 any proposed school action to the State Senator, State

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1 Representative, and the mayor of each community for the

2 school or schools that are subject to the proposed school

3 action.

4 (4) The superintendent shall publish notice of

5 proposed school actions on the district's Internet website

6 and in a newspaper of general circulation.

7 (5) The superintendent shall provide notice of

8 proposed school actions at least 30 calendar days in

9 advance of a public hearing or meeting. The notice shall

10 state the date, time, and place of the hearing or meeting.

11 No school board decision regarding a proposed school action

12 may take place less than 60 days after the announcement of

13 the proposed school action.

14 (d) The superintendent shall provide opportunities to

15 elicit public comment at a hearing or meeting on a proposed

16 school action and shall convene at least one public hearing at

17 the centrally located office of the board.

18 (e) Public hearings shall be conducted by a qualified

19 independent hearing officer chosen from a list of independent

20 hearing officers. The district's general counsel shall compile

21 and publish a list of independent hearing officers by November

22 1 of each school year. The independent hearing officer shall

23 have the following qualifications:

24 (1) he or she must be a licensed attorney eligible to

25 practice law in this State;

26 (2) he or she must not be an employee of the board; and

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1 (3) he or she must not have represented the board, its

2 employees or any labor organization representing its

3 employees, or any charter or contract school in any

4 capacity within the last year.

5 The independent hearing officer shall issue a written

6 report that summarizes the hearing and determines whether the

7 superintendent complied with the requirements of this Section

8 and the guidelines.

9 The superintendent shall publish the report on the

10 district's Internet website within 5 calendar days after

11 receiving the report and at least 15 days prior to any board

12 action being taken.

13 (f) Public meetings shall be conducted by a representative

14 of the superintendent. A summary of the public meeting shall be

15 published on the district's Internet website within 5 calendar

16 days after the meeting.

17 (g) If the superintendent proposes a school action without

18 following the requirements of this Section, the proposed school

19 action shall not be approved by the board during the school

20 year in which the school action was proposed.

21 (105 ILCS 5/16A-45 new)

22 Sec. 16A-45. Emergencies. Nothing in this Article prevents

23 the district from taking emergency action to protect the health

24 and safety of students and staff in an attendance center. In

25 the event of an emergency that requires the district to close

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1 all or part of a school facility, including compliance with a

2 directive of a duly authorized public safety agency, the

3 superintendent or his or her designees are authorized to take

4 all steps necessary to protect the safety of students and

5 staff, including relocation of the attendance center to another

6 location or closing the attendance center. In such cases, the

7 superintendent shall provide written notice of the basis for

8 the emergency action within 3 days after declaring the

9 emergency and shall publish the steps that have been taken or

10 will be taken to address the emergency within 10 days after

11 declaring the emergency. The notice shall be posted on the

12 district's Internet website and provided to the principal of

13 the school that is the subject of the emergency action and the

14 State Senator, the State Representative, and the mayor of each

15 community for the school. The notice shall explain why the

16 district could not comply with this Article.

17 Section 99. Effective date. This Act takes effect upon

18 becoming law.