Full Text of HB6005 98th General Assembly
HB6005 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB6005 Introduced , by Rep. Linda Chapa LaVia SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/27A-4 | | 105 ILCS 5/27A-10.5 new | | 105 ILCS 5/27A-11 | | 105 ILCS 5/27A-11.10 new | | 105 ILCS 5/27A-12 | |
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Amends the Charter Schools Law of the School Code. With respect to a lottery to select charter school applicants, requires the lottery to be administered by the authorizer of the charter school. Provides that a charter school waiting list must be centrally administered by the authorizer, prohibits a charter school from creating any admissions process subsequent to a lottery, and, in the event that a student transfers from a charter school, requires the authorizer to inform the next parent or guardian on the waiting list.
Provides that if a charter school student transfers from the charter school to another school in the same school district or to a school in a different school district, the charter school shall pay to the school district where the charter school is located the prorated portion of public funding provided for the education of that student. Sets forth provisions concerning educational and charter management organizations, the proper use of funds, and a State Board of Education assessment of the impact of charter schools on the school system and an assessment of whether different categories of students are being equitably and fully served. Provides that charter schools found out of compliance with any reporting required under the Law shall have their share of general State aid withheld and prorated until the reporting is completed.
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 27A-4, 27A-11, and 27A-12 and by adding Sections 27A-10.5 and | 6 | | 27A-11.10 as follows:
| 7 | | (105 ILCS 5/27A-4)
| 8 | | Sec. 27A-4. General Provisions.
| 9 | | (a) The General Assembly does not intend to alter or amend | 10 | | the provisions
of any court-ordered desegregation plan in | 11 | | effect for any school district. A
charter school shall be | 12 | | subject to all federal and State laws and
constitutional | 13 | | provisions prohibiting discrimination on the basis of
| 14 | | disability, race, creed, color, gender, national origin, | 15 | | religion, ancestry,
marital status, or need for special | 16 | | education services.
| 17 | | (b) The total number of charter schools operating under | 18 | | this Article at any
one time shall not exceed 120. Not more | 19 | | than 70 charter
schools
shall operate at any one time in any | 20 | | city having a population exceeding
500,000, with at least 5 | 21 | | charter schools devoted exclusively to students from | 22 | | low-performing or overcrowded schools operating at any one time | 23 | | in that city; and not more than 45
charter schools shall |
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| 1 | | operate at any one time in the remainder of the State, with not
| 2 | | more than one charter school that
has been initiated by a board | 3 | | of education, or
by an intergovernmental agreement between or | 4 | | among boards of education,
operating at any one
time in the | 5 | | school district where the charter school is located. In | 6 | | addition to these charter schools, up to but no more than 5 | 7 | | charter schools devoted exclusively to re-enrolled high school | 8 | | dropouts and/or students 16 or 15 years old at risk of dropping | 9 | | out may operate at any one time in any city having a population | 10 | | exceeding 500,000. Notwithstanding any provision to the | 11 | | contrary in subsection (b) of Section 27A-5 of this Code, each | 12 | | such dropout charter may operate up to 15 campuses within the | 13 | | city. Any of these dropout charters may have a maximum of 1,875 | 14 | | enrollment seats, any one of the campuses of the dropout | 15 | | charter may have a maximum of 165 enrollment seats, and each | 16 | | campus of the dropout charter must be operated, through a | 17 | | contract or payroll, by the same legal entity as that for which | 18 | | the charter is approved and certified.
| 19 | | For purposes of implementing this Section, the State Board | 20 | | shall assign a
number to each charter submission it receives | 21 | | under Section 27A-6 for its
review and certification, based on | 22 | | the chronological order in which the
submission is received by | 23 | | it. The State Board shall promptly notify local
school boards | 24 | | when the maximum numbers of certified charter schools | 25 | | authorized
to operate have been reached.
| 26 | | (c) No charter shall be granted under this Article that |
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| 1 | | would convert any
existing private, parochial, or non-public | 2 | | school to a charter school.
| 3 | | (d) Enrollment in a charter school shall be open to any | 4 | | pupil who resides
within the geographic boundaries of the area | 5 | | served by the local school board, provided that the board of | 6 | | education in a city having a population exceeding 500,000 may | 7 | | designate attendance boundaries for no more than one-third of | 8 | | the charter schools permitted in the city if the board of | 9 | | education determines that attendance boundaries are needed to | 10 | | relieve overcrowding or to better serve low-income and at-risk | 11 | | students. Students residing within an attendance boundary may | 12 | | be given priority for enrollment, but must not be required to | 13 | | attend the charter school.
| 14 | | (e) Nothing in this Article shall prevent 2 or more local | 15 | | school boards from
jointly
issuing a charter to a single shared | 16 | | charter school, provided that all of the
provisions of this | 17 | | Article are met as to those local school boards.
| 18 | | (f) No local school board shall require any employee of the | 19 | | school district
to be employed in a charter school.
| 20 | | (g) No local school board shall require any pupil residing | 21 | | within the
geographic boundary of its district to enroll in a | 22 | | charter school.
| 23 | | (h) If there are more eligible applicants for enrollment in | 24 | | a charter school
than there are spaces available, successful | 25 | | applicants shall be selected by
lottery , which lottery must be | 26 | | administered by the authorizer . However, priority shall be |
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| 1 | | given to siblings of pupils enrolled in
the charter school and | 2 | | to pupils who were enrolled in the charter school the
previous | 3 | | school year, unless expelled for cause, and priority may be | 4 | | given to pupils residing within the charter school's attendance | 5 | | boundary, if a boundary has been designated by the board of | 6 | | education in a city having a population exceeding 500,000. A | 7 | | charter school waiting list must be centrally administered by | 8 | | the authorizer. A charter school may not create any admissions | 9 | | process subsequent to a lottery. In the event that a student | 10 | | transfers from a charter school, the authorizer shall inform | 11 | | the next parent or guardian on the waiting list. Dual | 12 | | enrollment at both a
charter school and a public school or | 13 | | non-public school shall not be allowed.
A pupil who is | 14 | | suspended or expelled from a charter school shall be deemed to
| 15 | | be suspended or expelled from the public schools of the school | 16 | | district in
which the pupil resides. Notwithstanding anything | 17 | | to the contrary in this subsection (h): | 18 | | (1) any charter school with a mission exclusive to | 19 | | educating high school dropouts may grant priority | 20 | | admission to students who are high school dropouts and/or | 21 | | students 16 or 15 years old at risk of dropping out and any | 22 | | charter school with a mission exclusive to educating | 23 | | students from low-performing or overcrowded schools may | 24 | | restrict admission to students who are from low-performing | 25 | | or overcrowded schools; "priority admission" for charter | 26 | | schools exclusively devoted to re-enrolled dropouts or |
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| 1 | | students at risk of dropping out means a minimum of 90% of | 2 | | students enrolled shall be high school dropouts; and
| 3 | | (2) any charter school located in a school district | 4 | | that contains all or part of a federal military base may | 5 | | set aside up to 33% of its current charter enrollment to | 6 | | students with parents assigned to the federal military | 7 | | base, with the remaining 67% subject to the general | 8 | | enrollment and lottery requirements of subsection (d) of | 9 | | this Section and this subsection (h); if a student with a | 10 | | parent assigned to the federal military base withdraws from | 11 | | the charter school during the course of a school year for | 12 | | reasons other than grade promotion, those students with | 13 | | parents assigned to the federal military base shall have | 14 | | preference in filling the vacancy. | 15 | | (i) (Blank).
| 16 | | (j) Notwithstanding any other provision of law to the | 17 | | contrary, a
school district in a city having a population | 18 | | exceeding 500,000 shall not
have a duty to collectively bargain | 19 | | with an exclusive representative of its
employees over | 20 | | decisions to grant or deny a charter school proposal
under | 21 | | Section 27A-8 of this Code, decisions to renew or revoke a | 22 | | charter
under Section 27A-9 of this Code, and the impact of | 23 | | these decisions,
provided that nothing in this Section shall | 24 | | have the effect of negating,
abrogating, replacing, reducing, | 25 | | diminishing, or limiting in any way
employee rights, | 26 | | guarantees, or privileges granted in Sections 2, 3, 7, 8,
10, |
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| 1 | | 14, and 15 of the Illinois Educational Labor Relations Act.
| 2 | | (k) In this Section: | 3 | | "Low-performing school" means a public school in a school | 4 | | district organized under Article 34 of this Code that enrolls | 5 | | students in any of grades kindergarten through 8 and that is | 6 | | ranked within the lowest 10% of schools in that district in | 7 | | terms of the percentage of students meeting or exceeding | 8 | | standards on the Illinois Standards Achievement Test. | 9 | | "Overcrowded school" means a public school in a school | 10 | | district organized under Article 34 of this Code that (i) | 11 | | enrolls students in any of grades kindergarten through 8, (ii) | 12 | | has a percentage of low-income students of 70% or more, as | 13 | | identified in the most recently available School Report Card | 14 | | published by the State Board of Education, and (iii) is | 15 | | determined by the Chicago Board of Education to be in the most | 16 | | severely overcrowded 5% of schools in the district. On or | 17 | | before November 1 of each year, the Chicago Board of Education | 18 | | shall file a report with the State Board of Education on which | 19 | | schools in the district meet the definition of "overcrowded | 20 | | school". "Students at risk of dropping out" means students 16 | 21 | | or 15 years old in a public school in a district organized | 22 | | under Article 34 of this Code that enrolls students in any | 23 | | grades 9-12 who have been absent at least 90 school attendance | 24 | | days of the previous 180 school attendance days. | 25 | | (Source: P.A. 97-151, eff. 1-1-12; 97-624, eff. 11-28-11; | 26 | | 97-813, eff. 7-13-12; 98-474, eff. 8-16-13.)
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| 1 | | (105 ILCS 5/27A-10.5 new) | 2 | | Sec. 27A-10.5. Educational or charter management | 3 | | organization. | 4 | | (a) In this Section: | 5 | | "CMO" means a charter management organization. | 6 | | "EMO" means an educational management organization. | 7 | | (b) A charter school established on or after the effective | 8 | | date of this amendatory Act of the 98th General Assembly may | 9 | | not enter into a contract with a for-profit EMO or CMO. | 10 | | (c) All equipment, furnishings, and physical plants that | 11 | | are purchased with public funds are the property of the charter | 12 | | school, not the EMO or CMO. In the event a charter school is | 13 | | dissolved, such property must be transferred to the authorizer. | 14 | | (d) No charter school may employ a staff person who is | 15 | | simultaneously employed by an EMO or CMO.
| 16 | | (105 ILCS 5/27A-11)
| 17 | | Sec. 27A-11. Local financing.
| 18 | | (a) For purposes of the School Code, pupils enrolled in a | 19 | | charter school
shall be included in the pupil enrollment of the | 20 | | school district within which
the
pupil resides. Each charter | 21 | | school (i) shall determine the school district in
which each | 22 | | pupil who is enrolled in the charter school resides,
(ii) shall
| 23 | | report the aggregate number of pupils resident of a school | 24 | | district who are
enrolled in the charter school to the school |
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| 1 | | district in which those pupils
reside, and (iii) shall maintain | 2 | | accurate records of daily attendance that
shall be deemed | 3 | | sufficient to file claims under Section 18-8 notwithstanding
| 4 | | any other requirements of that Section regarding hours of | 5 | | instruction and
teacher certification.
| 6 | | (b) Except for a charter school established by referendum | 7 | | under Section
27A-6.5, as part of a charter school contract, | 8 | | the charter school and the
local
school board shall agree on | 9 | | funding and any services to be provided by the
school district | 10 | | to the charter school.
Agreed funding that a charter school is | 11 | | to receive from the local school
board for a school year shall | 12 | | be paid in
equal quarterly installments with the payment of the
| 13 | | installment for the first quarter being made not later than | 14 | | July 1, unless the
charter establishes a different payment | 15 | | schedule.
| 16 | | All services centrally or otherwise provided by the school | 17 | | district
including, but not limited to, rent, food services, | 18 | | custodial services,
maintenance,
curriculum, media services, | 19 | | libraries, transportation, and warehousing shall be
subject to
| 20 | | negotiation between a charter school and the local school board | 21 | | and paid
for out
of the revenues negotiated pursuant to this | 22 | | subsection (b); provided that the
local school board shall not | 23 | | attempt, by negotiation or otherwise, to obligate
a charter | 24 | | school to provide pupil transportation for pupils for whom a | 25 | | district
is not required to provide transportation under the | 26 | | criteria set forth in
subsection (a)(13) of Section 27A-7.
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| 1 | | In no event shall the funding be less than 75% or more than
| 2 | | 125% of the
school district's per capita student tuition | 3 | | multiplied by
the
number of students residing in the district | 4 | | who are enrolled in the charter
school.
| 5 | | It is the intent of the General Assembly that funding and | 6 | | service agreements
under this subsection (b) shall be neither a | 7 | | financial incentive nor a
financial disincentive to the | 8 | | establishment of a charter school.
| 9 | | The charter school may set and collect reasonable fees. | 10 | | Fees collected
from students enrolled at a charter school shall | 11 | | be retained
by the charter school.
| 12 | | (c) Notwithstanding subsection (b) of this Section, the | 13 | | proportionate share
of State and federal resources generated by | 14 | | students with disabilities or staff
serving them shall be | 15 | | directed to charter schools enrolling those students by
their | 16 | | school districts or administrative units. The proportionate | 17 | | share of
moneys generated under other federal or State | 18 | | categorical aid programs shall be
directed to charter schools | 19 | | serving students eligible for that aid.
| 20 | | (d) The governing body of a charter school is authorized to | 21 | | accept
gifts,
donations, or grants of any kind made to the | 22 | | charter school and to expend or
use gifts, donations, or grants | 23 | | in accordance with the conditions prescribed by
the donor; | 24 | | however, a gift, donation, or grant may not be accepted by the
| 25 | | governing body if it is subject to any condition contrary to | 26 | | applicable law or
contrary
to the terms of the contract between |
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| 1 | | the charter school and the local school
board. Charter schools | 2 | | shall be encouraged to solicit and utilize community
volunteer | 3 | | speakers and other instructional resources when providing | 4 | | instruction
on the Holocaust and other historical events.
| 5 | | (e) (Blank).
| 6 | | (f) The State Board shall provide technical assistance to
| 7 | | persons and groups
preparing or revising charter applications.
| 8 | | (g) At the non-renewal or revocation of its charter, each
| 9 | | charter school
shall refund to the local board of education all | 10 | | unspent funds.
| 11 | | If a charter school student transfers from the charter | 12 | | school to another school in the same school district or to a | 13 | | school in a different school district, the charter school shall | 14 | | pay to the school district where the charter school is located | 15 | | the prorated portion of public funding provided for the | 16 | | education of that student. The charter school shall make this | 17 | | payment on or before June 30. | 18 | | (h) A charter school is authorized to incur temporary, | 19 | | short
term debt to
pay operating expenses in anticipation of | 20 | | receipt of funds from the local
school board.
| 21 | | (Source: P.A. 90-548, eff. 1-1-98; 90-757, eff. 8-14-98; | 22 | | 91-407, eff.
8-3-99.)
| 23 | | (105 ILCS 5/27A-11.10 new) | 24 | | Sec. 27A-11.10. Proper use of funds. | 25 | | (a) Any and all marketing and advertising to the public for |
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| 1 | | charter school enrollment and recruitment made by a charter | 2 | | school or school district is prohibited. Any third party | 3 | | conducting such advertising may not use funds from any public | 4 | | entity of this State, including a charter school, to do so. | 5 | | (b) No school district may promote one set of schools over | 6 | | other sets of schools, and information about public school | 7 | | choice options provided by the school district shall include | 8 | | information on all public schools. | 9 | | (c) No chief executive officer of a charter school shall | 10 | | receive compensation greater than 80% of the compensation of | 11 | | the superintendent of schools of the school district where the | 12 | | charter school is located. No charter school principal may | 13 | | receive compensation greater than 10% more than the average | 14 | | compensation for principals in the school district where the | 15 | | charter school is located. A charter school shall include these | 16 | | prohibitions in any contract with an educational or charter | 17 | | management organization. | 18 | | (d) Charters schools that have a one-fifth greater share of | 19 | | their spending on administration than the share that the school | 20 | | district where the charter school is located devotes to central | 21 | | and school administration are subject to audit by the Auditor | 22 | | General. Such an audit shall examine without limitation | 23 | | contracts with educational or charter management | 24 | | organizations, vendor contracts, and the use of shared | 25 | | administration with school districts. The audit report shall | 26 | | make recommendations lowering the share of spending going |
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| 1 | | toward administration.
| 2 | | (105 ILCS 5/27A-12)
| 3 | | Sec. 27A-12. Evaluation and assessment ; reporting report . | 4 | | (a) On or before September 30 of every odd-numbered year, | 5 | | all local school boards with at least one charter school, as | 6 | | well as the Commission, shall submit to the State Board any | 7 | | information required by the State Board pursuant to applicable | 8 | | rule. On or before the second Wednesday in January of every | 9 | | even-numbered year, the State Board shall issue a report to the | 10 | | General Assembly and the Governor on its findings for the | 11 | | previous 2 school years. The State Board's report shall | 12 | | summarize all of the following: | 13 | | (1) The authorizer's strategic vision for chartering | 14 | | and progress toward achieving that vision. | 15 | | (2) The academic and financial performance of all | 16 | | operating charter schools overseen by the authorizer, | 17 | | according to the performance expectations for charter | 18 | | schools set forth in this Article. | 19 | | (3) The status of the authorizer's charter school | 20 | | portfolio, identifying all charter schools in each of the | 21 | | following categories: approved (but not yet open), | 22 | | operating, renewed, transferred, revoked, not renewed, | 23 | | voluntarily closed, or never opened. | 24 | | (4) The authorizing functions provided by the | 25 | | authorizer to the charter schools under its purview, |
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| 1 | | including the authorizer's operating costs and expenses | 2 | | detailed in annual audited financial statements, which | 3 | | must conform with generally accepted accounting | 4 | | principles.
| 5 | | Further, in the report required by this Section, the State
| 6 | | Board (i) shall
compare the performance of charter school | 7 | | pupils with the performance of
ethnically and economically | 8 | | comparable groups of pupils in other public schools
who are | 9 | | enrolled in academically comparable courses,
(ii) shall review | 10 | | information regarding the regulations and policies from
which
| 11 | | charter schools were released to determine if the exemptions | 12 | | assisted or
impeded
the charter schools in meeting their stated | 13 | | goals and objectives, and (iii)
shall
include suggested changes | 14 | | in State law necessary to strengthen charter schools.
| 15 | | (b) In addition, the State Board shall undertake and report | 16 | | on periodic
evaluations of charter schools that include | 17 | | evaluations of student academic
achievement, the extent to | 18 | | which charter schools are accomplishing their
missions
and | 19 | | goals, the sufficiency of funding for charter schools, and the | 20 | | need for
changes in the approval process for charter schools.
| 21 | | The State Board, at 5-year intervals, shall complete an | 22 | | assessment of the impact of charter schools on the school | 23 | | system, including the flow of funding between sectors, student | 24 | | enrollment impacts, charter graduation rates, and student | 25 | | attrition rates, and an assessment of whether different | 26 | | categories of students are being equitably and fully served. |
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| 1 | | (c) Based on the information that the State Board receives | 2 | | from authorizers and the State Board's ongoing monitoring of | 3 | | both charter schools and authorizers, the State Board has the | 4 | | power to remove the power to authorize from any authorizer in | 5 | | this State if the authorizer does not demonstrate a commitment | 6 | | to high-quality authorization practices and, if necessary, | 7 | | revoke the chronically low-performing charters authorized by | 8 | | the authorizer at the time of the removal. The State Board | 9 | | shall adopt rules as needed to carry out this power, including | 10 | | provisions to determine the status of schools authorized by an | 11 | | authorizer whose authorizing power is revoked. | 12 | | (d) Charter schools found out of compliance with any | 13 | | reporting required under this Article shall have their share of | 14 | | general State aid under Section 18-8.05 of this Code withheld | 15 | | and prorated until the reporting is completed. | 16 | | (Source: P.A. 96-105, eff. 7-30-09; 97-152, eff. 7-20-11.)
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