Bill Text: IL HB0596 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the School Code. Makes a technical change in a Section concerning boundary changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB0596 Detail]

Download: Illinois-2011-HB0596-Amended.html

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Rep. Cynthia Soto

Filed: 4/11/2011

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AMENDMENT TO HOUSE BILL 596
AMENDMENT NO. ______. Amend House Bill 596 by replacing
everything after the enacting clause with the following:
"Section 5. The School Code is amended by adding the
heading preceding Section 34-200 and Sections 34-200, 34-205,
34-210, 34-215, 34-220, 34-225, 34-230, 34-235, 34-240,
34-245, and 34-250 as follows:
(105 ILCS 5/prec. Sec. 34-200 heading new)
SCHOOL ACTION AND ACCOUNTABILITY MASTER PLANNING
(105 ILCS 5/34-200 new)
Sec. 34-200. Findings and recommendations.
(a) Public Act 96-803 established the Chicago Educational
Facilities Task Force (CEFTF) to analyze Chicago Public Schools
data from past school actions, conduct hearings, gather public
input, and consult with stakeholders and experts to develop

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recommendations for establishing an equitable and effective
school facility development process.
(b) Based on research on best practice standards in other
school districts, the CEFTF found that it is possible to have a
fair, equitable, and meaningful process for deciding on school
actions and capital project allocations. The CEFTF found the
following:
(1) School facility condition, utilization, design,
and location impact student academic progress, safety, and
learning potential.
(2) There are best practice standards that indicate an
adequate school building should have a range of 125 to 200
gross square feet per student in a temperate climate,
depending upon program, grade levels served, and design.
(3) A system for public transparency, oversight, and
accountability needs to be in place to ensure fiscal
efficiency and that no educational harm to disadvantaged
students and communities results from facility-related
actions, including capital spending decisions, closings,
consolidations, co-locations, attendance boundary changes,
new school openings, and major programmatic changes.
(4) A long-range facility master plan and a capital
improvement program based upon standards for educationally
adequate and appropriate facilities is needed to ensure
high quality, equitable, and educationally appropriate
school facilities and to raise adequate funds to support

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facility needs.
(5) Processes for public input, notice, and influence
on the use and disposition of publicly owned and used
public school facilities are critical elements of
well-managed public school facilities.
(6) Collaboration and coordination with involved local
community groups and municipal entities in planning and
decision making regarding public school facilities ensures
a more adequate plan.
(7) Illinois has fallen behind the majority of other
states in its school facility spending per student.
(b) Based upon these findings, the CEFTF recommends that
the General Assembly enact legislation that defines a system
for high quality educational facility planning and oversight of
Chicago's public school buildings and grounds that ensures that
the location, condition, utilization, and design of our public
schools is adequate and equitably allocated among all our
communities and students. To accomplish this purpose, the
following are recommended:
(1) An independent planning commission for educational
facility planning of the Chicago Public Schools.
(2) Facility standards, a 10-year Educational Facility
Master Plan, and a 5-year Capital Improvement Plan and
budget, developed by the school district with public input
and participation, including the community,
parents/guardians, local school councils, educators, and

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other stakeholders; coordinated with other local
governments and agencies; and aligned with educational
goals and vision, that prioritize students' well-being and
academic success.
(3) Transparent and accountable systems and controls
for school actions and capital projects through the use of
an educational impact statement, publicly accessible data,
information, reports, and audits.
(4) State funding for school facilities that is
predicated on its compliance with the provisions of this
Article.
(105 ILCS 5/34-205 new)
Sec. 34-205. Definitions. For the purposes of the Sections
of this Article following this Section:
"Board" means the Chicago Board of Education.
"Capital Improvement Plan" means a 5-year plan that
identifies the priority capital projects to be started or
finished within the capital budget period.
"Capital project" means facility renovation, including for
buildings and grounds, as well as major building systems
replacement or upgrades, new construction, and demolition,
including the capital-related costs for planning, design, and
engineering.
"CEFTF" means the Chicago Educational Facilities Task
Force.

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"CEO" means the chief executive officer of the school
district or his or her successor.
"Commission" means the Facility Planning Commission
created by this Article.
"CPS" means the school district.
"Educational Facility Master Plan" means a 10-year plan
developed with public and other governmental input and
participation that describes how and by whom the school
buildings and grounds shall be used, improved, and maintained
on a year-by-year and school-by-school basis.
"Educational Impact Statement" or "EdIS" means a study and
report that assesses the educational and social effects of
school actions on current students' learning and safety.
"Enrollment capacity" means how many students can be
accommodated in a school building when staffing ratios,
curriculum standards, and other educational best practices are
accommodated.
"LSC" or "Local School Council" means a local school
council established under Section 34-2.1 of this Code.
"School action" means any school closure, consolidation,
phase-out, opening, relocation, co-location, academic program
change (such as conversion to a charter or selective
enrollment), turnarounds, or attendance area boundary changes.
"Utilization" means the comparison of actual enrollment to
the enrollment capacity or the rate of use of a school
building.

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(105 ILCS 5/34-210 new)
Sec. 34-210. Establishment of the Chicago Educational
Facility Planning Commission.
(a) There is hereby established the Chicago Educational
Facilities Planning Commission.
(b) The Commission shall have the authority to take all
steps necessary to ensure equitable, adequate, and sustainable
public school facilities for the citizens and children of the
City of Chicago, including the following:
(1) Approve standards for the capacity and utilization
of CPS schools, including public charter schools.
(2) Approve standards for basic performance measures
for the CPS 10-year Educational Facility Master Plan and
5-year Capital Improvement Plan.
(3) Approve the school actions that are required to be
included in the Educational Facility Master Plan.
(4) Approve the 5-year Capital Improvement Plan and
budget.
(5) Participate in the selection of contractors
engaged to work on the development of the standards, plans,
audits, and Educational Impact Statements.
(6) Certify whether or not these requirements are met
prior to expenditure of capital funds by CPS, the Chicago
Public Building Commission, or any other body or entity
using capital funding for public school facilities.

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(c) The Commission shall have the following duties:
(1) The Commission shall communicate and cooperate
with CPS on the schedules for the standards, plans, audits,
and other process required under this Article.
(2) The Commission shall hold hearings in accordance
with the requirements of this Article.
(3) The Commission shall prepare reports, comments,
and document review of CPS standards, plans, reports, and
audits required under this Article.
(4) The Commission shall hold regular public meetings
with its members to plan and execute their duties under
this Article.
(5) The chairperson of the Commission or his or her
designee shall supervise the staff assigned to support the
Commission.
(6) The Commission shall establish a calendar for its
meetings, hearings, reviews, and reports at the beginning
of each fiscal year.
(7) The Commission shall prepare an annual work plan
and budget that shall go to the State Board of Education
for review as part of the annual budget process.
(8) The Commission shall engage an independent auditor
for the periodic audits of the capital improvement program
in accordance with the requirements of this Article.
(9) The Commission shall select an independent auditor
and oversee periodic audits of the capital improvement

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program in accordance with the requirements of this
Article.
(10) The Commission shall appoint 2 members to review
educational facility planning consultant contract
responses and be part of the final selection process.
(d) The Commission shall be comprised of 17 members and
each member shall have one vote. A majority of those appointed
shall constitute a quorum and is required for the passage of
any final action. The members shall be appointed as follows:
(1) Four members of the General Assembly as chosen by
the respective leaders of each legislative caucus.
(2) Four members of community organizations with a
focus on education and experience with educational
facility issues, as chosen by the respective legislative
caucus leaders.
(3) One member appointed by the Mayor of the City of
Chicago with knowledge and expertise in the City's planning
for community and housing development.
(4) The CEO of CPS or his or her designee.
(5) The Chairperson of the State Board of Education, or
his or her designee.
(6) The President of the Chicago Teachers Union or his
or her designee.
(7) The President of the Chicago Principals and
Administrators Association or his or her designee.
(8) Two members of duly elected Local School Councils,

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one each from an elementary school and high school, to be
chosen by the CPS district-wide council of LSCs; or in the
event that such district-wide council is dissolved by any
future CEO, then the 2 LSC representatives shall be
appointed by the chairperson of the Commission.
(9) One member representing parent/guardian advisory
bodies of charter schools, appointed by the CEO of CPS.
(10) The President of the Chicago Park District or his
or her designee.
The members appointed by the House Speaker and the Senate
President shall be deemed co-chairpersons.
(e) Member terms, meetings, and staffing of the Commission
shall be as follows:
(1) Each non-elected member shall serve a term of 2
years, which may be renewed for up to 8 years. General
Assembly members shall serve throughout their term of the
General Assembly. Those non-elected members whose terms
have expired shall continue to serve until a subsequent
individual is nominated. Vacancies shall be filled in the
same manner as original appointments and named on or before
September 1 of each year.
(2) The Commission shall be named and hold its first
meeting within 60 days after the effective date of this
Section and shall meet at least quarterly, and as deemed
necessary by the Commission co-chairpersons.
(3) All meetings shall be subject to the Open Meetings

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Act, and agendas, minutes, and other documents taken up at
Commission meetings shall be posted on the CPS Internet
website in a prominent location.
(4) The State Board of Education shall provide
administrative support staff to the Commission.
(105 ILCS 5/34-215 new)
Sec. 34-215. Educational facility standards.
(a) As a necessary foundation for this and subsequent
plans, CPS shall propose, on or before January 1, 2012, school
and community space-use standards for school buildings and
grounds. These space-use standards shall identify the minimal
and optimal space types and sizes needed to support high
quality instruction, school and staff activities, and programs
and services, including for community use and for co-location,
by school type (such as early education, elementary, middle,
and high school); and, at a minimum, shall fall within the
square feet per student of national medians of 125 to 200 gross
square feet per student of indoor facility space.
(b) CPS shall develop facility performance standards,
including the following:
(1) On or before January 1, 2012, CPS shall propose
minimum and optimal facility performance standards for
thermal comfort; daylight; acoustics; indoor air quality;
water quality and access to drinking water; furniture
ergonomics for students and staff; technology; life

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safety; ADA accessibility; environmental hazards; and
walkability.
(2) The CEO shall submit the proposed educational
facilities standards to each LSC and to the Chicago Public
Building Commission for review and comment prior to
submission to the Board.
(3) Once the CEO has incorporated the input and
recommendations of the public and the Chicago Public
Building Commission, the CEO shall submit the proposed
standards to the Board for review and comment.
(c) The facility performance standards shall be subject to
review and approval according to the following:
(1) Following Board review and comment, the CEO shall
submit the proposed educational facility standards to the
Commission.
(2) The Commission shall hold at least one public
hearing to solicit public comment on the proposed
educational facility standards.
(3) The Commission shall vote on or before March 1,
2012 on the initial educational facility standards.
(4) The Commission shall vote on subsequent
educational facility standards when revisions are proposed
by CPS.
(5) If the Commission votes to reject the CEO's
proposed educational facility standards, then the
Commission must identify, in writing, a description of the

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specific standards that must be addressed and make
recommendations on revisions to those standards.
(6) The CEO shall have 30 days to submit revised
educational facility standards to the Board and post its
revised plan via the CPS Internet website.
(7) The Board shall have 30 days to review and approve
the CEO's revised educational facility standards.
(8) If approved by Board review, the CEO shall resubmit
the revised educational facility standards to the
Commission.
(9) The Commission shall vote only on whether the
specific concerns identified in the written rejection have
been satisfactorily addressed and, with a simple majority,
may approve the revised standards. If rejected, the
Commission must include comments and return the proposal to
the Board for further revisions. This process shall
continue until the CEO and the Board produce standards that
are acceptable to the Commission.
(10) The final approved educational facility space and
facility standards shall be available to the public via the
CPS Internet website.
(11) No State capital funds authorized under Illinois
law shall be issued without Commission approval of space
and building standards.
(105 ILCS 5/34-220 new)

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Sec. 34-220. The Educational Facility Master Plan.
(a) In accordance with the schedule set forth in this
Article, the CEO shall prepare a 10-year Educational Facility
Master Plan every 5 years, with updates 2 1/2 years after the
approval of the 10-year plan, with the first such Educational
Facility Master Plan to be approved and in effect on or before
July 1, 2013.
(b) The Educational Facility Master Plan shall provide
neighborhood level plans and individual school master plans
with options for addressing the facility and space needs for
each facility in the CPS inventory over a 10-year time period,
including any actions planned for the first 5 years of the
Educational Facility Master Plan.
(c) The data, information, and analysis that shall inform
the city-wide, neighborhood, and individual school plans must
be publicly accessible on the CPS Internet website and include
the following:
(1) a description of CPS guiding educational goals and
standards;
(2) a brief description of the types of educational
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) a list of the enrollment capacity in each school

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and its rate of utilization;
(5) a report on the assessment of individual building
and site conditions;
(6) a data table with the 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) The CEO or his or her designees shall meet at least
once with LSCs, other parent advisory bodies, educators, local
and State-elected officials, and community stakeholders to
develop the neighborhood level plans and the city-wide
Educational Facility Master Plan. A report of these meetings
shall be provided to the Commission.
(e) The CEO shall secure input from the City of Chicago,
Cook County, the Chicago Park District, the Chicago Public
Library District, the Chicago Housing Authority, and the
Chicago Transit Authority on the development of the

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neighborhood level plans and the city-wide educational
facility plan. A report of this input shall be provided to the
Commission.
(f) The CEO shall submit the proposed Educational Facility
Master Plan to each LSC and other local governments and
agencies for review and comment prior to submission to the CPS
board.
(g) Once the CEO has incorporated the input and
recommendations of the public and other local governmental
agencies into the neighborhood and city-wide plans, the CEO
shall submit the proposed Educational Facility Master Plan to
the Board for review and comment.
(h) The Educational Facility Master Plan must be approved
and adopted in accordance with the following:
(1) Following Board review and comment, the CEO shall
submit the final proposed Educational Facility Master Plan
to the Commission. This shall occur no later than February
1, 2013.
(2) The Commission shall hold at least 2 public
hearings to solicit public comment on the proposed
Educational Facility Master Plan.
(3) The Commission shall vote on or before April 1,
2013 on the initial Educational Facility Master Plan.
(4) The Commission shall vote on subsequent
Educational Facility Master Plans on or before April 1 in a
master plan year.

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(5) If the Commission votes to reject the CEO's
proposed Educational Facility Master Plan, then the
Commission must identify, in writing, a description of the
specific areas that must be addressed and recommendations
on what might be done to address the Commission's concerns.
(6) The CEO shall have 30 days to submit a revised
Educational Facility Master Plan to the Board and post its
revised plan via the CPS Internet website.
(7) The Board shall have 30 days to review and approve
the CEO's revised Educational Facility Master Plan.
(8) If approved by Board review, the CEO shall resubmit
the revised Educational Facility Master Plan to the
Commission.
(9) The Commission shall vote only on whether the
specific concerns identified in the written rejection have
been satisfactorily addressed and, with a simple majority,
can approve the revised plan. If rejected, the Commission
must include comments and return the proposal to the Board
for further revisions. This process shall continue until
the CEO and the Board produce a proposal that is acceptable
to the Commission.
(10) The final approved Educational Facility Master
Plan shall be available to the public via the CPS Internet
website.
(11) No State capital funds authorized under this Code
shall be issued without Commission approval of an

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Educational Facility Master Plan.
(i) No later than January 1, 2016, and every 5 years
thereafter, the CEO shall prepare and submit in person a
preliminary proposed revision to the Educational Facility
Master Plan to the Commission, each LSC, other local
governments and agencies, and the Board.
(j) This proposed revision shall reflect the progress
achieved during the first 2 1/2 years of the master plan. The
revision process must include the following:
(1) The CEO or his or her designees shall meet
regularly with all stakeholders to seek input on the
revision and updating of the Educational Facility Master
Plan.
(2) The CEO shall be guided by the recommendations
received from the public and other local governmental
bodies; and, on or before January 1, 2016 or 2 1/2 years
following adoption of an Educational Facility Master Plan,
whichever occurs later, the CEO shall submit a proposed
revision to the master plan to the Board for its approval.
(3) Within 30 days after the CEO submission, the Board
shall review and approve the revision to the Educational
Facility Master Plan, and, within 7 days of Board approval,
the revised Educational Facility Master Plan shall be
submitted to the Commission for approval.
(n) The process for Commission review and approval of the
revised master plan update shall be the same as described in

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subsections (d) through (h) of this Section.
(105 ILCS 5/34-225 new)
Sec. 34-225. Capital Improvement Plan.
(a) As a foundation for development of the 5-year Capital
Improvement Plan, the CEO shall establish a comprehensive
process of annual school-based capital and facility
maintenance, operations, and repair budgeting and reporting no
later than 90 days after the effective date of this amendatory
Act of the 97th General Assembly.
(b) Notwithstanding any other provisions of this Code to
the contrary, such regulations shall include provisions for the
following:
(1) The annual development by the local school of a
school-based capital, maintenance, utility, and repair
needs assessment report and recommendations, aligned with
the educational program and goals of the local school.
(2) The allocation of capital, maintenance,
operations, and repair funds among schools on the basis of
objective formulae developed by the CEO, after
consultation with the Facility Planning Commission, and
approved by the Board; such formulae shall reflect the
relative educational and facility needs of the schools to
the maximum extent feasible.
(3) The review, modification, and approval of the
proposed school-based facility recommendations by the CEO.

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(4) A collaborative school-based planning, technical
support, and training process involving parents, teachers,
other school personnel and, where appropriate, students to
effectuate the purposes of this Section.
(5) Procedures for schools to propose and the CEO to
modify and reallocate moneys in the annual capital budget,
to include a uniform system of CPS departmental and school
budget requests and appropriations and a uniform system for
annual capital expenditure reports.
(c) The CEO shall prepare a 5-year Capital Improvement Plan
no later than March 1st of every fiscal year.
(d) The annual capital plan shall include the following
information for all capital projects for which moneys is to be
appropriated:
(1) a description of the scope of the project;
(2) justification for the project;
(3) the status of the project, including percentage
funded or unfunded and, if appropriate, percentage already
completed;
(4) the operating budget impact of the project;
(5) the name and number of each school and facility
receiving money;
(6) the first approved start and end date for all
projects, as well as the current dates;
(7) all funding sources, including TIFs and
anticipated or proposed future funding sources;

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(8) the original approved cost at first approved start
date and current approved costs in the current annual
budget; and
(9) actual expenditures and encumbrances.
(e) The 5-year Capital Improvement Plan shall be based on
school-based plans for facility capital, operating,
maintenance, and repair budgeting and expenditures, as well as
district-wide educational facility goals, neighborhood plans,
and space and facility standards and priorities as aligned with
the approved 10-year Educational Facility Master Plan and
standards.
(f) Within amounts estimated by the CEO, the 5-year Capital
Improvement Plan shall reflect the aggregation of the proposed
school-based, facility-related priorities, as submitted by the
principal of each school and as modified and approved by the
Board, and include a proposed 5-year budget for the
administrative and operational expenses of the CPS
facility-related departments and the school district for
submission to the Board and the Commission.
(g) In the case of shared facilities, equitable facility
and site space utilization and investments shall be required
between all school or instructional units co-located in that
facility and stated in a written memorandum of understanding
between all school or instructional units so co-located. All
facility investments of $5,000 or more must be matched for the
other school unit or units in the shared facility.

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(h) The CEO shall submit the proposed 5-year Capital
Improvement Plan to the Commission, all LSCs, and other local
governments and agencies for their review and comment and shall
submit a report of public and agency comments to the Commission
following the public hearings.
(i) Prior to the CPS public hearings on the Capital
Improvement Plan, the Commission shall prepare written
comments and recommendations on the Capital Improvement Plan
and budget and certify whether the Capital Improvement Plan and
budget is consistent with the approved Educational Facility
Master Plan and facility standards.
(j) CPS shall hold at least 2 public hearings on the
proposed 5-year Capital Improvement Plan and budget prior to
the CEO's submission of the 5-year Capital Improvement Plan to
the Board for adoption.
(k) The CEO shall make the proposed Capital Improvement
Plan and budget available for public review and comment no less
than 30 days prior to being adopted by the Board.
(l) The annual capital budget shall be approved by CPS at
the beginning of the CPS fiscal year.
(m) The 5-year Capital Improvement Plan shall be
implemented and administered according to the following:
(1) the CEO shall propose for adoption by the Board
such regulations as needed to create a transparent process
of distributing any reductions or increases required after
approval of the 5-year Capital Improvement Plan in an

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equitable manner that considers the relative needs of all
schools to the maximum extent feasible and for modifying
the proposed 5-year Capital Improvement Plan accordingly;
and
(2) such process shall include an analysis of the
relative funding levels of the State, the city, the federal
government, and other sources of funds; a comparison of the
level of such funding against previous years' total
appropriations and actual expenditures; an analysis of the
distribution of funds; and notification of school
principals and LSCs of any such reductions or increases.
(105 ILCS 5/34-230 new)
Sec. 34-230. Financial transparency.
(a) The CEO shall provide the Board and the Commission with
an Annual Capital Expenditure Report within 30 days after the
end of the CPS fiscal year end that is aligned with the annual
capital budget line items and projects, which shall be made
available and accessible to the public via the CPS Internet
website.
(b) The annual capital expenditure report shall include the
following:
(1) expenditures for any and every project on which
funds were expended in that fiscal year, even if the
project was not initiated or completed in the fiscal year;
(2) identification of capital projects that aligned

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with the school-based facility needs assessment and
recommendations of school principals or were the result of
other public input;
(3) the levels of appropriation actually provided for
that fiscal year by the city, the State, and the federal
government, with a comparison of the level of such funding
against previous years' totals; and
(4) a summary overview explanation of the final budget.
(c) The CEO shall provide the Board and the Commission with
a report on lease or use agreements for all CPS-owned and
non-CPS owned facilities in which public schools operate, which
shall be made available and accessible to the public via the
CPS Internet website by the beginning of each CPS fiscal year
and updated on or before January 1st of each fiscal year.
(d) The Lease or Use Agreements Report for CPS-owned
facilities shall include the following information:
(1) the terms and conditions of all CPS-owned space
agreements for co-location, joint use, and shared use;
(2) all parties to the agreement, with the user name as
well as the full legal name of the fiduciary of the user
entity, including sub-lessees and sub-lessors;
(3) the length of the agreement;
(4) the financial terms of the agreement, including all
items of consideration that may or may not be financial in
nature;
(5) the formula for how much space is part of the

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agreement, the schedule for use, and the calculation for
arriving at the cost;
(6) a description of any capital improvement
agreements made by CPS and the amount of funds appropriated
by CPS for such capital improvement agreements;
(7) terms for operating costs for utilities,
maintenance, repair, security, and insurance;
(8) if appropriate, the actual revenue received by CPS
from the non-school user each year;
(9) the terms of any non-financial agreement
associated with the use of CPS space;
(10) lease or use agreements for non-CPS owned
facilities in which public schools, including charter
public schools, operate, as specified in subsections (1)
through (9) of this subsection (b); and
(11) for CPS charter schools operating in non-CPS owned
facilities that have been newly constructed or procured by
the initiative of such charter schools, the cost of new
construction or renovation and the amounts of all sources
of external funding and financing used to undertake such
new construction or renovation of non-CPS owned charter
facilities; and the operating costs for utilities,
maintenance, repair, security, and insurance for such
facilities if not otherwise accounted for in the Lease or
Use Agreements Report.
(e) The Commission shall select an independent auditor to

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conduct periodic audits of the CPS 5-year Capital Improvement
Plan or annual capital budget and expenditure reports, at a
minimum, at least once every 3 years. Such an audit shall
review a set of specific projects recommended by the Commission
and shall include projects having been or currently being
undertaken directly by CPS, as well as those capital projects
carried out on behalf of CPS by the Chicago Public Building
Commission. The periodic audit shall do the following:
(1) examine the quality of project specific planning,
design, and construction;
(2) examine the efficiency, fairness, and
effectiveness of project management, construction
management, and procurement processes and procedures;
(3) examine the cost of the project, including review
of change orders and contingencies, as well as in relation
to the quality of design and materials;
(4) review the actual impact on operating costs; and
(5) review the schedule of the projects, comparing the
first approved start and finish dates and the actual start
and finish dates.
(g) To facilitate the audit process and minimize their
cost, the CPS and Chicago Public Building Commission shall
require that all project architects, engineers, and
contractors utilize a uniform, Internet web-based
comprehensive project management and construction management
software system, to be selected by CPS in coordination with and

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with the input of the Chicago Public Building Commission.
(h) The cost of such periodic audits shall be paid by CPS
from State funds provided to the school district for
educational facility capital projects.
(105 ILCS 5/34-235 new)
Sec. 34-235. Facility information and accountability.
(a) No later than 90 days after the effective date of this
amendatory Act of the 97th General Assembly, and every August 1
thereafter, the CEO shall provide local school principals with
an actual school-based budget and allocation for capital and
facility maintenance, utilities, and repairs for their
upcoming school year and a proposed school-based budget and
allocation for capital and facility maintenance, utilities,
and repairs for the next fiscal year. In co-location schools,
the principals shall be given the total school budgets and
allocations, as well as the individual allocations made between
the school organizations sharing the school.
(b) Each year the school building shall be assessed by a
facilities team, and the local school shall be given a copy of
the detailed assessment report and an explanation of the
meaning of the findings of the report within 30 days after the
completion of the assessment.
(c) CPS shall establish a longitudinal facility data system
of all CPS educational facilities in which classroom
instruction or student, teacher, and family support services

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and training are provided, as well as administrative and
operational facilities, whether owner or leased.
(d) The inventory of schools and buildings shall be linked
to its financial budget and report documents, as well as to a
comprehensive project management and construction management
information process and system.
(e) The longitudinal facility database shall include the
following data elements:
(1) a list of all CPS-owned facilities and facilities
leased by CPS, by common street address;
(2) data on each educational facility, including:
(A) building and site square footage;
(B) age of building and additions;
(C) the most current assessment of the building and
grounds;
(D) building capacity and utilization;
(E) a description of capital investment by school
and building and by project, by year; and
(F) student demographics and risk factors,
enrollment, attendance rates, and measures of learning
and academic success, including, but not limited to
race and ethnicity, poverty rate, housing status, and
students with special needs, such as physical
disabilities, mental health, parental status,
educational needs, homeless students, students who are
young parents, English language learners, wards of the

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State (such as foster children and youth), and students
involved in the juvenile justice system;
(3) history and current annual operating costs for
utilities, maintenance, and repairs; and
(4) revenue from disposition of closed schools or use
agreements with currently operating schools or buildings.
(105 ILCS 5/34-240 new)
Sec. 34-240. Protective requirements.
(a) The CEO shall prepare an Educational Impact Statement
for any school action proposed by CPS.
(b) The Educational Facility Master Plan and plan revisions
shall include an Educational Impact Statement for any pending
or anticipated school action.
(c) The Educational Impact Statement shall also include the
transition plan for affected students and staff.
(d) The Educational Impact Statement shall include the
following:
(1) the current and projected pupil enrollment of the
affected schools, the current facility utilization by
students and the community or other users, and a
description of the affected student population, including
attendance rates, race and ethnicity, poverty rate,
housing status, and students with special needs, including
parental status, housing status, English language
learners, wards of the State (such as foster children and

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youth), and students involved in the juvenile justice
system;
(2) the type, age, and physical condition of the
affected school buildings, maintenance, energy costs,
recent or planned building improvements, and descriptions
of the affected building's special features;
(3) information regarding the academic standing of the
students in the affected schools;
(4) estimated costs and savings, if any, related to
personnel, instruction, administration, transportation,
and other support services, that result from the school
action;
(5) the impact of the proposed school closing on all
affected students or community users;
(6) an outline of any proposed or potential use of the
school building for other educational programs or
administrative services; and
(7) the ability and capacity of other schools in the
affected community to accommodate pupils following the
school closure or significant change in school
utilization.
(e) The Educational Impact Statement shall be made publicly
available, including via the CPS Internet website, and
available at the CPS central office, and provided to the
impacted LSCs or, in the case of schools without duly elected
LSCs, other parent/guardian advisory body and school-based

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management team at least 9 months in advance of the first day
of school in the succeeding school year.
(f) No sooner than 30 days, but no later than 45 days,
following the filing of the Educational Impact Statement, the
CEO or his or her designee shall hold a joint public hearing
with the impacted LSC and school-based management team at the
schools subject to the proposed school closing or significant
change in school utilization, including those schools
designated as receiving schools or to be co-located, and shall
allow all interested parties an opportunity to present comments
or concerns regarding the proposed school closing or
significant change in school utilization. The CEO shall ensure
that notice of such hearing is widely and conspicuously posted
in such a manner to maximize the number of affected individuals
that receive notice, including providing notice to affected
parents and students, and shall also notify members of the
LSCs, community-based organizations, and the elected State and
local officials who represent the affected community.
(g) So long as the revised proposal does not impact any
school other than a school that was identified in the initial
Educational Impact Statement, the CEO, after receiving public
input, may substantially revise the proposed school closing or
significant change in school utilization, provided that the CEO
shall prepare a revised Educational Impact Statement in the
form prescribed in this subsection (g) and publish and file
such Educational Impact Statement in the same manner as

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prescribed in this subsection (g). No sooner than 15 days
following the filing of such revised Educational Impact
Statement, the CEO or his or her designee shall hold a joint
public hearing with the impacted LSC and school-based
management team at the schools subject to the proposed school
closing or significant change in school utilization, including
those schools designated as receiving schools or to be
co-located, and shall allow all interested parties an
opportunity to present comments and concerns regarding such
proposal. The CEO shall ensure that notice of such hearing is
widely and conspicuously posted in such a manner as to maximize
the number of affected individuals that receive notice,
including providing notice to affected parents and students,
and shall also notify members of the LSCs, community-based
organizations, and the elected State and local officials who
represent the affected community district.
(h) The Commission must certify that CPS has complied with
the EdIS provisions of this Section prior to a final vote by
the Board.
(i) Except as otherwise provided in the emergency closing
procedures of this Section, all proposed school closings or
significant changes in school utilization shall be approved by
the Board pursuant to this Article and shall not take effect
until all of the provisions of this Section have been satisfied
and the school year in which such Board approval was granted
has ended.

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(j) In the event that the CEO determines that a school
closing or significant change in school utilization is
immediately necessary for the preservation of student health,
safety, or general welfare, the CEO may temporarily close a
public school. Such emergency school closing shall remain in
effect for no more than one month; during such time the CEO
shall comply with the requirements of this Section in order for
any such emergency school closure to extend beyond the
one-month period or for the initiation of any significant
change in school utilization to be adopted. During this period,
the Commission shall be convened to determine the need for the
emergency closure and grant approval for the remedial measures.
If the Commission approves the determination of an emergency
closure, then the closure may be extended for an additional
month to accommodate the remediation. If the Commission fails
to approve the emergency findings, then the proposed emergency
school action shall be reversed and the Commission shall
determine the appropriate accommodations to be made to the
affected students.
(k) In the event that, notwithstanding the satisfactory
completion of the EdIS, substantial opposition to the planned
school action remains in the affected schools and community, a
binding arbitration process may be requested, provided that the
following are net:
(1) a minimum of at least 10 parents/guardians of
currently enrolled students petition the Commission to

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request independent arbitration, by submitting a statement
to the Commission and Board stating why they believe the
EdIS process as prescribed in this Article was not followed
or did not adequately address the educational needs and
well-being of the impacted students;
(2) the Commission reviews and votes to consider the
merits of the petitioners' objections; and
(3) following such Commission vote and approval,
petitioners seeking independent arbitration must secure
signatures in support of the request for independent
arbitration from a number of parents equal to or exceeding
a majority of the number of students enrolled at the
affected school on the official count date of the school
year.
(l) If the conditions in subsection (k) are met, the
Commission Chairperson shall (i) establish a temporary special
committee comprised of at least 3 Commission members, including
the CPS designee to the Commission, along with at least one LSC
member from the affected school and one member of the affected
community, to oversee the arbitration process and (ii)
designate an independent arbitrator, whose findings and
recommendations shall be submitted to the Commission for review
and certification. If the independent arbitrator finds a
violation of the EdIS provisions of this Article or other
evidence that the planned school action would inflict
measurable harm to students' educational needs and well-being,

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the Commission shall reverse the school action.
(m) A similar petition process in accordance with
subsection (k) of this Section shall be available to the
parents/guardians, students, and staff of any school affected
by emergency school actions, and, in such case, the 3-member
Commission shall have the power to stay the school action until
compliance with the student or school transition plan is
ensured.
(n) If the Board approves and undertakes a school action,
then the CEO or his or her designee shall work collaboratively
with local school educators and families of impacted public
schools to ensure successful integration of affected students
into new learning environments.
(o) The CEO or his or her designee shall prepare and
implement a Student Transition Plan to support students in the
wake of school actions developed in conjunction with the school
and families affected.
(p) The CEO must identify and commit specific resources for
implementation of the Student Transition Plan for a minimum of
the full first academic year of the transition. This shall
include a specific funding commitment, any necessary academic
or social supports, and related activities for the students and
staff, as well as increased security and safety measures
required to accommodate the additional students.
(q) The Student Transition Plan shall do the following:
(1) be developed based upon an individual assessment of

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the students' needs, including social adjustment needs,
with involvement of the teachers, the IEP team in the case
of a special education student, and parents/guardians;
(2) allow an array of school choices and ensure access
to significantly higher-quality schools (for example,
those schools meeting or exceeding the No Child Left Behind
AYP or Annual Yearly Progress for the academic year in
which the school action is proposed);
(3) include counseling regarding the choice of schools
that includes all pertinent information to enable the
parent/guardian and child to make an informed choice,
including the option to visit the schools of choice prior
to making a decision; and
(4) include the provision of appropriate
transportation.
(r) If, after duly completing the EdIS, the Board approves
and undertakes school actions (including closings, phase-outs,
consolidations, boundary changes, co-location, turn-arounds,
charter school creation, or re-structuring of grade
configurations), then the CEO or his or her designee shall work
collaboratively with local school educators and families of
impacted public schools to ensure successful integration of
affected students into new learning environments.
(s) The CEO shall provide that students affected or
displaced by the approved school action have access to CPS
selective enrollment school options by allowing such students

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to apply for admission notwithstanding any other
CPS-prescribed application deadlines.
(105 ILCS 5/34-245 new)
Sec. 34-245. Transition period.
(a) Within 60 days after the effective date of this
amendatory Act of the 97th General Assembly, the Commission
shall be appointed and hold its first meeting.
(b) The Commission shall assist CPS in formulating the
policies of this amendatory Act of the 97th General Assembly.
(c) The Commission shall address and report on any school
actions pending on the effective date of this amendatory Act of
the 97th General Assembly or previously proposed in the final 6
months of the CPS academic year prior to the effective date of
this amendatory Act of the 97th General Assembly at its first
meeting and until such time as the Educational Facility Master
Plan is approved, at which point the Commission shall operate
as prescribed within this Article.
(d) During this period of transition, the Commission shall
take necessary steps to ensure that the educational objectives
and the safety of all students is considered in all school
actions.
(105 ILCS 5/34-250 new)
Sec. 34-250. Penalties. No State funds may be appropriated
or made available under Illinois law to a board of education

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may be used for capital expenditures (such as building
improvements) or to pay for direct costs associated with school
actions or school maintenance unless the school board has in
place the policies required under this Article and is otherwise
in compliance with all other requirements of this amendatory
Act of the 97th General Assembly. This shall apply to Capital
funds authorized under the School Construction Law or funding
requests made by specific members of the General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.".