Public Act 0777 102ND GENERAL ASSEMBLY

HB4580 Enrolled LRB102 23396 NLB 32565 b

Public Act 102-0777

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 adding Section 34-222 as follows:

(105 ILCS 5/34-222 new)

Sec. 34-222. School attendance boundaries.

(a) At least once every 5 years, the Department of School Demographics and Planning ("DSP") shall evaluate the enrollment at existing schools in the school district to determine if there is a need to revise existing boundaries.

(1) In reviewing the enrollment at existing schools to determine if there is a need to revise existing boundaries, DSP shall consider a range of factors, including the following:

(A) capacities of the school being reviewed and schools with contiguous boundaries to the school being reviewed;

(B) current and projected racial and ethnic composition of the school being reviewed and any schools with contiguous boundaries to the school being reviewed;

(C) current and projected income level composition of the school being reviewed and any schools with contiguous boundaries to the school being reviewed;

(D) geographic barriers;

(E) travel time and distance to the school; and

(F) program considerations of the school being reviewed and any schools with contiguous boundaries to the school being reviewed.

(2) DSP shall submit a written report of its findings, conclusions, and recommendations to the chief executive officer and the Board. The report shall document the evaluation of the factors of the school being reviewed. The report shall be made public on the district's website within 30 days after its completion.

(b) If it is determined that there is a need to revise any existing boundaries, DSP shall develop and recommend any proposed changes to the chief executive officer prior to the beginning of the school year in which the changes are to take effect. In addition, DSP shall develop and recommend proposed boundaries for new schools to the chief executive officer prior to the beginning of the school year in which the new school boundaries are to take effect.

(1) In developing proposed changes to boundaries for existing schools and proposing attendance boundaries for new schools, DSP shall consider a range of factors, including the following:

(A) DSP shall consider the capacities of each of the schools involved in the proposed boundary revisions, including the extent to which a school is overcrowded or underutilized. Where feasible, the goal is for elementary schools to be utilized at not more than 80% of design capacity and for high schools at not more than 100% of program capacity. Schools shall be considered severely overcrowded if they are operating in excess of 100% utilization and significantly underutilized if they are operating at less than 30% utilization. DSP shall consider these utilization rates when proposing revisions to attendance boundaries for existing schools and when proposing attendance boundaries for new schools.

(B) DSP shall consider the current and projected racial and ethnic composition of the schools affected. Where feasible, DSP shall propose establishing or revising attendance boundaries to maintain or promote stably desegregated enrollments in each of the affected schools and to avoid the creation of one-race schools.

(C) DSP shall consider geographic barriers so as to promote safety and minimize transportation burdens, to the extent feasible.

(D) DSP shall consider travel time and distance and, to the extent feasible, seek to minimize travel time and distance.

(E) DSP shall consider the placement of programs in each of the schools involved, such as programs for English learners and for special education students. In addition, DSP shall consider the impact of magnet schools and programs and the requirements of the federal Every Student Succeeds Act and the Illinois Balanced Accountability Measures.

(2) For each proposed attendance boundary, DSP shall develop at least 2 alternatives. For each alternative, DSP shall prepare a report showing 3-year enrollment projections by racial and ethnic groups for all schools affected by the proposed change pursuant to each alternative. The report shall document for each alternative the impact on the affected schools for the factors of capacity, geographic barriers, travel time and distance, and program considerations. In developing alternatives, DSP shall consider whether any feasible alternatives would better maintain or promote stably desegregated enrollments in each of the affected schools or better avoid the creation of one-race schools. The report shall be made public on the district's website within 30 days after its completion.

(c) The chief executive officer shall review the report from DSP and may suggest additional alternatives. The chief executive officer shall report to the Board if he or she recommends any changes to existing boundaries or establishing boundaries for new schools. If the chief executive officer is recommending any changes to existing boundaries or establishing any boundaries for new schools, the chief executive officer shall provide the Board with a report of the alternatives considered, including data on the factors of capacity, current and projected racial and ethnic considerations, geographic barriers, travel time and distance, and program considerations. The chief executive officer shall inform the Board of the alternative that is being recommended. The report shall be made public on the district's website within 30 days after its completion.

(d) Prior to taking action on the establishment or revision of any attendance boundaries, the Board shall conduct public hearings on the proposed establishment or revision of attendance boundaries and the chief executive officer's recommendation. Prior to the public hearing, the Board shall make available reports and data on the factors of capacity, current and projected racial and ethnic considerations, geographic barriers, travel time and distance, and program considerations. In making its decision, the Board shall consider the factors of capacity, current and projected racial and ethnic considerations, geographic barriers, travel time and distance, and program considerations.

Effective Date: 1/1/2023