Current through Register Vol. 48, No. 38, September 20, 2024
For purposes of this Section, an emergency is a situation
that presents an imminent and continuing threat to the health and safety of
students or other occupants of a facility, requires complete or partial
evacuation of a building or part of a building, or consumes one or more of the
5 emergency days built into the adopted calendar of the school or schools or
would otherwise be expected to cause such school or schools to fall short of
the minimum school calendar requirements. [105
ILCS 5/17-2.11]
a) If the estimated cost of the emergency is
less than the amount stated in clause (xi) of Section 10-20.21(a) of the School
Code [105 ILCS
5/10-20.21(a)] , the school district
may begin the work before receiving authorization from the State Board of
Education in accordance with the procedures set forth in Section 17-2.11 of the
School Code and Section
180.500
of this Part.
b) If it is
determined that fire prevention and safety financing will be required to
address an emergency whose projected cost exceeds the amount specified in
clause (xi) of Section 10-20.21(a) of the School Code, the district
superintendent or other authorized person shall notify the regional
superintendent and the State Superintendent of Education or designee of the
nature of the emergency and the steps to be taken. The regional superintendent
and the State Superintendent or designee shall give preliminary authorization
to proceed and provide any special instructions that may be pertinent. Formal
confirmation of this authorization is required and shall be pursued as outlined
in subsections (b)(1) through (4).
1) The
board of education, either at a regular meeting or at a special meeting called
for that purpose, shall adopt a resolution declaring:
A) The existence of an emergency;
B) Whether funds needed to address the
emergency are available;
C) Whether
the work must be bid or the board desires to exempt itself from the bidding
requirements on the basis of the emergency determined in accordance with clause
(xiv) of Section 10-20.21(a) of the School Code;
D) What interim measures are contemplated to
sustain operations;
E) The number
of members of the board and the numbers voting in favor of and against the
motion to adopt the resolution.
2) Two copies of the board's resolution shall
be dated and signed by the president and secretary of the board and the
district superintendent and submitted in person, by fax, or by mail as soon as
possible to the regional superintendent and State Board.
3) No later than 30 calendar days after
receipt of the resolution, the regional superintendent shall review the facts,
call for any additional information if necessary, and, when satisfied that the
situation constitutes an emergency, notify the State Superintendent or designee
of his or her approval of the request.
4) No later than 10 business days after
receiving notification of approval from the regional superintendent, the State
Superintendent or designee shall prepare a Certificate of Authorization for
Emergency Procedures. The Certificate of Authorization for Emergency Procedures
shall authorize the district to initiate work to be financed with fire
prevention and safety funds or funds loaned to the Fire Prevention and Safety
Fund prior to the formal approval of such work through the normal process.
However, said Certificate may be granted only on the conditions that:
A) Proper application for use of fire
prevention and safety funds (see Section 180.500) will be initiated and
prosecuted in a timely manner by the district;
B) The work undertaken shall in all respects
conform to the requirements of this Part and such other standards as may be
applicable to the situation; and
C)
Final approval of the use of fire prevention and safety funds will be
predicated on the finding that the facts enunciated in the board resolution are
or were substantially true.
