Public Act 094-0973
 		





HB5416 Enrolled
LRB094 16945 NHT 52224 b






    AN ACT concerning education.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 

 
    Section 5. The School Code is amended  by changing Sections 
2-3.137 (added by Public Act 94-225) and 3-14.21 as follows:
 
    (105 ILCS 5/2-3.137)

    Sec. 2-3.137. Inspection and review of school facilities; 
task force.

    (a) The State Board of Education shall adopt rules for the

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

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.

    (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).

    The task force shall consist of
all of the following 
members:

        (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.

        (2) The State Superintendent of Education or his or her

    designee.

        (3) A person appointed
by the State Board of Education.

        (4) A person appointed by an organization representing 
    school
administrators.

        (5) A person appointed by
an organization representing 
    suburban school administrators and school board
members.

        (6) A person appointed by an organization representing 
    architects.

        (7) A person appointed by an organization representing 
    regional
superintendents of schools.

        (8) A person appointed by an organization representing 
    fire inspectors.

        (9) A person appointed by an organization representing 
    Code
administrators.


        (10) A person appointed by an organization 
    representing plumbing
inspectors.

        (11) A person appointed by an organization that 
    represents both parents
and teachers.

        (12) A person appointed by an organization 
    representing municipal
governments in the State.

        (13)  A person appointed by the State Fire Marshal from 
    his or her office.

        (14)  A person appointed by an organization 
    representing fire chiefs.

        (15)  The Director of Public Health or his or her 
    designee.

        (16)  A person appointed by an organization 
    representing structural engineers.

        (17)  A person appointed by an organization 
    representing professional engineers.

    The task force shall issue a report of its findings to the 
Governor and the
General Assembly no later than January 1, 
2006.

(Source: P.A. 94-225, eff. 7-14-05.)
 



    (105 ILCS 5/3-14.21)  (from Ch. 122, par. 3-14.21)


    Sec. 3-14.21. Inspection of schools. 

    (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

Education on
forms provided by the State Board of Education.

    (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

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

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 
a sufficient amount of general State aid be
withheld from 
payments due to the district to correct the violations.  This

amount shall be paid to the regional superintendent who shall 
contract on
behalf of the school board for the correction of 
the outstanding violations.

    (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.

    (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.

(Source: P.A. 94-225, eff. 7-14-05.)