HB0232ham003 95TH GENERAL ASSEMBLY

Elementary & Secondary Education Committee

Filed: 3/14/2007

09500HB0232ham003 LRB095 04634 NHT 33435 a

AMENDMENT TO HOUSE BILL 232

AMENDMENT NO. ______. Amend House Bill 232 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by adding Sections 2-3.142, 10-20.40, and 34-18.34 and by changing Section 27A-5 as follows:

(105 ILCS 5/2-3.142 new)

Sec. 2-3.142. Virtual schools prohibited; Virtual Education Advisory Committee.

(a) The State Board of Education may not establish any virtual schools for elementary or secondary students in this State on or after the effective date of this amendatory Act of the 95th General Assembly.

(b) There is created the Virtual Education Advisory Committee to monitor curriculum and assess test results with respect to virtual schools during the 2008-2009 and 2009-1010 school years. The Committee shall consist of all of the following members, to be appointed by the Governor:

(1) Two members from the higher education community.

(2) Two members from a professional teachers' organization.

(3) Two members for the State Board of Education.

(4) One member from the higher education community who specializes in technology.

(5) One member from the Illinois Virtual High School program.

The Committee shall meet at the call of the Governor at least twice a year. The Committee shall report its findings to the Governor and the State Board of Education on or before December 31, 2010. Upon filing its report, the Committee is dissolved.

(105 ILCS 5/10-20.40 new)

Sec. 10-20.40. Virtual schools prohibited. A school board may not establish any virtual schools for elementary or secondary students in this State on or after the effective date of this amendatory Act of the 95th General Assembly.

(105 ILCS 5/27A-5)

Sec. 27A-5. Charter school; legal entity; requirements.

(a) A charter school shall be a public, nonsectarian, nonreligious, non-home based, and non-profit school. A charter school shall be organized and operated as a nonprofit corporation or other discrete, legal, nonprofit entity authorized under the laws of the State of Illinois.

(b) A charter school may be established under this Article by creating a new school or by converting an existing public school or attendance center to charter school status. Beginning on the effective date of this amendatory Act of the 93rd General Assembly, in all new applications submitted to the State Board or a local school board to establish a charter school in a city having a population exceeding 500,000, operation of the charter school shall be limited to one campus. The changes made to this Section by this amendatory Act of the 93rd General Assembly do not apply to charter schools existing or approved on or before the effective date of this amendatory Act.

(c) A charter school shall be administered and governed by its board of directors or other governing body in the manner provided in its charter. The governing body of a charter school shall be subject to the Freedom of Information Act and the Open Meetings Act.

(d) A charter school shall comply with all applicable health and safety requirements applicable to public schools under the laws of the State of Illinois.

(e) Except as otherwise provided in the School Code, a charter school shall not charge tuition; provided that a charter school may charge reasonable fees for textbooks, instructional materials, and student activities.

(f) A charter school shall be responsible for the management and operation of its fiscal affairs including, but not limited to, the preparation of its budget. An audit of each charter school's finances shall be conducted annually by an outside, independent contractor retained by the charter school.

(g) A charter school shall comply with all provisions of this Article and its charter. A charter school is exempt from all other State laws and regulations in the School Code governing public schools and local school board policies, except the following:

(1) Sections 10-21.9 and 34-18.5 of the School Code regarding criminal history records checks and checks of the Statewide Sex Offender Database of applicants for employment;

(2) Sections 24-24 and 34-84A of the School Code regarding discipline of students;

(3) The Local Governmental and Governmental Employees Tort Immunity Act;

(4) Section 108.75 of the General Not For Profit Corporation Act of 1986 regarding indemnification of officers, directors, employees, and agents;

(5) The Abused and Neglected Child Reporting Act;

(6) The Illinois School Student Records Act; and

(7) Section 10-17a of the School Code regarding school report cards.

(h) A charter school may negotiate and contract with a school district, the governing body of a State college or university or public community college, or any other public or for-profit or nonprofit private entity for: (i) the use of a school building and grounds or any other real property or facilities that the charter school desires to use or convert for use as a charter school site, (ii) the operation and maintenance thereof, and (iii) the provision of any service, activity, or undertaking that the charter school is required to perform in order to carry out the terms of its charter. However, a charter school that is established on or after the effective date of this amendatory Act of the 93rd General Assembly and that operates in a city having a population exceeding 500,000 may not contract with a for-profit entity to manage or operate the school during the period that commences on the effective date of this amendatory Act of the 93rd General Assembly and concludes at the end of the 2004-2005 school year. Except as provided in subsection (i) of this Section, a school district may charge a charter school reasonable rent for the use of the district's buildings, grounds, and facilities. Any services for which a charter school contracts with a school district shall be provided by the district at cost. Any services for which a charter school contracts with a local school board or with the governing body of a State college or university or public community college shall be provided by the public entity at cost.

(i) In no event shall a charter school that is established by converting an existing school or attendance center to charter school status be required to pay rent for space that is deemed available, as negotiated and provided in the charter agreement, in school district facilities. However, all other costs for the operation and maintenance of school district facilities that are used by the charter school shall be subject to negotiation between the charter school and the local school board and shall be set forth in the charter.

(j) A charter school may limit student enrollment by age or grade level.

(k) A charter school may not establish any virtual schools for elementary or secondary students in this State on or after the effective date of this amendatory Act of the 95th General Assembly, unless there are extenuating circumstances, such as for students with autism.

(Source: P.A. 93-3, eff. 4-16-03; 93-909, eff. 8-12-04; 94-219, eff. 7-14-05.)

(105 ILCS 5/34-18.34 new)

Sec. 34-18.34. Virtual schools prohibited. The board may not establish any virtual schools for elementary or secondary students in this State on or after the effective date of this amendatory Act of the 95th General Assembly.".