§180.400. Violations

If a regional superintendent determines that any facility may not comply with the provisions of this Part, the regional superintendent shall inspect or order inspection of the facility and correction of any violations identified.

 

a)         The regional superintendent may require a school board to have a facility surveyed by a licensed design professional if, in the judgment of the regional superintendent, such a survey is necessary to determine compliance with applicable provisions of this Part.  (Section 2-3.12 of the School Code.)

 

b)         The regional superintendent shall serve a notice of violation or order on the school district superintendent, identifying the violation and ordering it corrected or discontinued within a specified period of time which shall in no case exceed the timelines set forth in Section 2-3.12 of the School Code.

 

1)         Within 15 calendar days after receipt of a notice of violation, or before expiration of the time allotted by the regional superintendent, whichever occurs sooner, a school district superintendent may appeal to the State Superintendent by submitting a written statement identifying the requirement in question and explaining why it is inapplicable or has been incorrectly applied.  The district superintendent shall also submit a copy of such an appeal to the regional superintendent.

 

2)         The State Superintendent shall rule on any such appeal and shall transmit his or her decision in writing to the affected school district superintendent within 15 calendar days after receiving the appeal.  The State Superintendent shall also transmit a copy of his or her ruling to the regional superintendent.

 

3)         If the State Superintendent's ruling supports the notice of violation, the regional superintendent shall proceed with enforcement of the requirement(s) in question.  If the State Superintendent rules that no violation is present, the regional superintendent shall notify the district that the notice of violation is rescinded.

 

c)         When, in the opinion of the regional superintendent, there is imminent danger due to one or more violations, the regional superintendent shall cause the necessary work to be done to render the facility in question temporarily safe, whether or not the procedure called for in subsection (b) above has been initiated.