HB0596ham001 97TH GENERAL ASSEMBLY

Rep. Cynthia Soto

Filed: 4/11/2011

09700HB0596ham001 LRB097 03432 RPM 54329 a

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 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 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 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.

"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.

(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.

(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 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, 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 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 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 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)

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 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 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.

(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 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 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.

(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;

(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.

(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 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 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 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 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 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 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 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 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 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 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.

(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 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, 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 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 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 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.".