101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4961

 

Introduced 2/18/2020, by Rep. Will Guzzardi

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/27A-3
105 ILCS 5/27A-6
105 ILCS 5/27A-7

    Amends the Charter Schools Law of the School Code. Provides that any renewal of a certified charter must include a union neutrality clause. Requires a union neutrality clause to be included in a charter school proposal. Defines "union neutrality clause". Effective immediately.


LRB101 18929 NHT 68388 b

 

 

A BILL FOR

 

HB4961LRB101 18929 NHT 68388 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
527A-3, 27A-6, and 27A-7 as follows:
 
6    (105 ILCS 5/27A-3)
7    Sec. 27A-3. Definitions. For purposes of this Article:
8    "At-risk pupil" means a pupil who, because of physical,
9emotional, socioeconomic, or cultural factors, is less likely
10to succeed in a conventional educational environment.
11    "Authorizer" means an entity authorized under this Article
12to review applications, decide whether to approve or reject
13applications, enter into charter contracts with applicants,
14oversee charter schools, and decide whether to renew, not
15renew, or revoke a charter.
16    "Commission" means the State Charter School Commission
17established under Section 27A-7.5 of this Code.
18    "Local school board" means the duly elected or appointed
19school board or board of education of a public school district,
20including special charter districts and school districts
21located in cities having a population of more than 500,000,
22organized under the laws of this State.
23    "State Board" means the State Board of Education.

 

 

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1    "Union neutrality clause" means a provision whereby a
2charter school agrees: (1) to be neutral regarding the
3unionization of any of its employees, such that the charter
4school will not at any time express a position on the matter of
5whether its employees will be unionized and such that the
6charter school will not threaten, intimidate, discriminate
7against, retaliate against, or take any adverse action against
8any employees based on their decision to support or oppose
9union representation; (2) to provide any bona fide labor
10organization access at reasonable times to areas in which the
11charter school's employees work for the purpose of meeting with
12employees to discuss their right to representation, employment
13rights under the law, and terms and conditions of employment;
14and (3) that union recognition shall be through a majority card
15check verified by a neutral third-party arbitrator mutually
16selected by the charter school and the bona fide labor
17organization through alternate striking from a panel of
18arbitrators provided by the Federal Mediation and Conciliation
19Service. As used in this definition, "bona fide labor
20organization" means a labor organization recognized under the
21National Labor Relations Act or the Illinois Educational Labor
22Relations Act. As used in this definition, "employees" means
23non-represented, non-management, and non-confidential
24employees of a charter school.
25(Source: P.A. 97-152, eff. 7-20-11.)
 

 

 

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1    (105 ILCS 5/27A-6)
2    Sec. 27A-6. Contract contents; applicability of laws and
3regulations.
4    (a) A certified charter shall constitute a binding contract
5and agreement between the charter school and a local school
6board under the terms of which the local school board
7authorizes the governing body of the charter school to operate
8the charter school on the terms specified in the contract.
9    (b) Notwithstanding any other provision of this Article,
10the certified charter may not waive or release the charter
11school from the State goals, standards, and assessments
12established pursuant to Section 2-3.64a-5 of this Code.
13Beginning with the 2003-2004 school year, the certified charter
14for a charter school operating in a city having a population
15exceeding 500,000 shall require the charter school to
16administer any other nationally recognized standardized tests
17to its students that the chartering entity administers to other
18students, and the results on such tests shall be included in
19the chartering entity's assessment reports.
20    (c) Subject to the provisions of subsection (e), a material
21revision to a previously certified contract or a renewal shall
22be made with the approval of both the local school board and
23the governing body of the charter school.
24    (c-5) The proposed contract shall include a provision on
25how both parties will address minor violations of the contract.
26    (c-10) After the effective date of this amendatory Act of

 

 

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1the 101st General Assembly, any renewal of a certified charter
2must include a union neutrality clause.
3    (d) The proposed contract between the governing body of a
4proposed charter school and the local school board as described
5in Section 27A-7 must be submitted to and certified by the
6State Board before it can take effect. If the State Board
7recommends that the proposed contract be modified for
8consistency with this Article before it can be certified, the
9modifications must be consented to by both the governing body
10of the charter school and the local school board, and
11resubmitted to the State Board for its certification. If the
12proposed contract is resubmitted in a form that is not
13consistent with this Article, the State Board may refuse to
14certify the charter.
15    The State Board shall assign a number to each submission or
16resubmission in chronological order of receipt, and shall
17determine whether the proposed contract is consistent with the
18provisions of this Article. If the proposed contract complies,
19the State Board shall so certify.
20    (e) No renewal of a previously certified contract is
21effective unless and until the State Board certifies that the
22renewal is consistent with the provisions of this Article. A
23material revision to a previously certified contract may go
24into effect immediately upon approval of both the local school
25board and the governing body of the charter school, unless
26either party requests in writing that the State Board certify

 

 

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1that the material revision is consistent with the provisions of
2this Article. If such a request is made, the proposed material
3revision is not effective unless and until the State Board so
4certifies.
5(Source: P.A. 98-972, eff. 8-15-14; 98-1048, eff. 8-25-14;
699-78, eff. 7-20-15.)
 
7    (105 ILCS 5/27A-7)
8    Sec. 27A-7. Charter submission.
9    (a) A proposal to establish a charter school shall be
10submitted to the local school board and the State Board for
11certification under Section 27A-6 of this Code in the form of a
12proposed contract entered into between the local school board
13and the governing body of a proposed charter school. The
14charter school proposal shall include:
15        (1) The name of the proposed charter school, which must
16    include the words "Charter School".
17        (2) The age or grade range, areas of focus, minimum and
18    maximum numbers of pupils to be enrolled in the charter
19    school, and any other admission criteria that would be
20    legal if used by a school district.
21        (3) A description of and address for the physical plant
22    in which the charter school will be located; provided that
23    nothing in the Article shall be deemed to justify delaying
24    or withholding favorable action on or approval of a charter
25    school proposal because the building or buildings in which

 

 

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1    the charter school is to be located have not been acquired
2    or rented at the time a charter school proposal is
3    submitted or approved or a charter school contract is
4    entered into or submitted for certification or certified,
5    so long as the proposal or submission identifies and names
6    at least 2 sites that are potentially available as a
7    charter school facility by the time the charter school is
8    to open.
9        (4) The mission statement of the charter school, which
10    must be consistent with the General Assembly's declared
11    purposes; provided that nothing in this Article shall be
12    construed to require that, in order to receive favorable
13    consideration and approval, a charter school proposal
14    demonstrate unequivocally that the charter school will be
15    able to meet each of those declared purposes, it being the
16    intention of the Charter Schools Law that those purposes be
17    recognized as goals that charter schools must aspire to
18    attain.
19        (5) The goals, objectives, and pupil performance
20    standards to be achieved by the charter school.
21        (6) In the case of a proposal to establish a charter
22    school by converting an existing public school or
23    attendance center to charter school status, evidence that
24    the proposed formation of the charter school has received
25    the approval of certified teachers, parents and guardians,
26    and, if applicable, a local school council as provided in

 

 

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1    subsection (b) of Section 27A-8.
2        (7) A description of the charter school's educational
3    program, pupil performance standards, curriculum, school
4    year, school days, and hours of operation.
5        (8) A description of the charter school's plan for
6    evaluating pupil performance, the types of assessments
7    that will be used to measure pupil progress towards
8    achievement of the school's pupil performance standards,
9    the timeline for achievement of those standards, and the
10    procedures for taking corrective action in the event that
11    pupil performance at the charter school falls below those
12    standards.
13        (9) Evidence that the terms of the charter as proposed
14    are economically sound for both the charter school and the
15    school district, a proposed budget for the term of the
16    charter, a description of the manner in which an annual
17    audit of the financial and administrative operations of the
18    charter school, including any services provided by the
19    school district, are to be conducted, and a plan for the
20    displacement of pupils, teachers, and other employees who
21    will not attend or be employed in the charter school.
22        (10) A description of the governance and operation of
23    the charter school, including the nature and extent of
24    parental, professional educator, and community involvement
25    in the governance and operation of the charter school.
26        (11) An explanation of the relationship that will exist

 

 

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1    between the charter school and its employees, including
2    evidence that the terms and conditions of employment have
3    been addressed with affected employees and their
4    recognized representative, if any. However, a bargaining
5    unit of charter school employees shall be separate and
6    distinct from any bargaining units formed from employees of
7    a school district in which the charter school is located.
8        (12) An agreement between the parties regarding their
9    respective legal liability and applicable insurance
10    coverage.
11        (13) A description of how the charter school plans to
12    meet the transportation needs of its pupils, and a plan for
13    addressing the transportation needs of low-income and
14    at-risk pupils.
15        (14) The proposed effective date and term of the
16    charter; provided that the first day of the first academic
17    year shall be no earlier than August 15 and no later than
18    September 15 of a calendar year, and the first day of the
19    fiscal year shall be July 1.
20        (14.5) Disclosure of any known active civil or criminal
21    investigation by a local, state, or federal law enforcement
22    agency into an organization submitting the charter school
23    proposal or a criminal investigation by a local, state, or
24    federal law enforcement agency into any member of the
25    governing body of that organization. For the purposes of
26    this subdivision (14.5), a known investigation means a

 

 

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1    request for an interview by a law enforcement agency, a
2    subpoena, an arrest, or an indictment. Such disclosure is
3    required for a period from the initial application
4    submission through 10 business days prior to the
5    authorizer's scheduled decision date.
6        (14.7) A union neutrality clause.
7        (15) Any other information reasonably required by the
8    State Board of Education.
9    (b) A proposal to establish a charter school may be
10initiated by individuals or organizations that will have
11majority representation on the board of directors or other
12governing body of the corporation or other discrete legal
13entity that is to be established to operate the proposed
14charter school, by a board of education or an intergovernmental
15agreement between or among boards of education, or by the board
16of directors or other governing body of a discrete legal entity
17already existing or established to operate the proposed charter
18school. The individuals or organizations referred to in this
19subsection may be school teachers, school administrators,
20local school councils, colleges or universities or their
21faculty members, public community colleges or their
22instructors or other representatives, corporations, or other
23entities or their representatives. The proposal shall be
24submitted to the local school board for consideration and, if
25appropriate, for development of a proposed contract to be
26submitted to the State Board for certification under Section

 

 

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127A-6.
2    (c) The local school board may not without the consent of
3the governing body of the charter school condition its approval
4of a charter school proposal on acceptance of an agreement to
5operate under State laws and regulations and local school board
6policies from which the charter school is otherwise exempted
7under this Article.
8(Source: P.A. 98-739, eff. 7-16-14; 98-1048, eff. 8-25-14;
999-78, eff. 7-20-15; 99-334, eff. 8-10-15.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.