Sen. Terry Link

Filed: 5/23/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3112

2    AMENDMENT NO. ______. Amend House Bill 3112 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Section
527A-4 as follows:
 
6    (105 ILCS 5/27A-4)
7    Sec. 27A-4. General Provisions.
8    (a) The General Assembly does not intend to alter or amend
9the provisions of any court-ordered desegregation plan in
10effect for any school district. A charter school shall be
11subject to all federal and State laws and constitutional
12provisions prohibiting discrimination on the basis of
13disability, race, creed, color, gender, national origin,
14religion, ancestry, marital status, or need for special
15education services.
16    (b) The total number of charter schools operating under

 

 

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1this Article at any one time shall not exceed 120. Not more
2than 70 charter schools shall operate at any one time in any
3city having a population exceeding 500,000, with at least 5
4charter schools devoted exclusively to students from
5low-performing or overcrowded schools operating at any one time
6in that city; and not more than 45 charter schools shall
7operate at any one time in the remainder of the State, with not
8more than one charter school that has been initiated by a board
9of education, or by an intergovernmental agreement between or
10among boards of education, operating at any one time in the
11school district where the charter school is located. In
12addition to these charter schools, up to but no more than 5
13charter schools devoted exclusively to re-enrolled high school
14dropouts and/or students 16 or 15 years old at risk of dropping
15out may operate at any one time in any city having a population
16exceeding 500,000. Notwithstanding any provision to the
17contrary in subsection (b) of Section 27A-5 of this Code, each
18such dropout charter may operate up to 15 campuses within the
19city. Any of these dropout charters may have a maximum of 1,875
20enrollment seats, any one of the campuses of the dropout
21charter may have a maximum of 165 enrollment seats, and each
22campus of the dropout charter must be operated, through a
23contract or payroll, by the same legal entity as that for which
24the charter is approved and certified.
25    For purposes of implementing this Section, the State Board
26shall assign a number to each charter submission it receives

 

 

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1under Section 27A-6 for its review and certification, based on
2the chronological order in which the submission is received by
3it. The State Board shall promptly notify local school boards
4when the maximum numbers of certified charter schools
5authorized to operate have been reached.
6    (c) No charter shall be granted under this Article that
7would convert any existing private, parochial, or non-public
8school to a charter school.
9    (d) Enrollment in a charter school shall be open to any
10pupil who resides within the geographic boundaries of the area
11served by the local school board, provided that the board of
12education in a city having a population exceeding 500,000 may
13designate attendance boundaries for no more than one-third of
14the charter schools permitted in the city if the board of
15education determines that attendance boundaries are needed to
16relieve overcrowding or to better serve low-income and at-risk
17students. Students residing within an attendance boundary may
18be given priority for enrollment, but must not be required to
19attend the charter school.
20    (e) Nothing in this Article shall prevent 2 or more local
21school boards from jointly issuing a charter to a single shared
22charter school, provided that all of the provisions of this
23Article are met as to those local school boards.
24    (f) No local school board shall require any employee of the
25school district to be employed in a charter school.
26    (g) No local school board shall require any pupil residing

 

 

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1within the geographic boundary of its district to enroll in a
2charter school.
3    (h) If there are more eligible applicants for enrollment in
4a charter school than there are spaces available, successful
5applicants shall be selected by lottery. However, priority
6shall be given to siblings of pupils enrolled in the charter
7school and to pupils who were enrolled in the charter school
8the previous school year, unless expelled for cause, and
9priority may be given to pupils residing within the charter
10school's attendance boundary, if a boundary has been designated
11by the board of education in a city having a population
12exceeding 500,000. Dual enrollment at both a charter school and
13a public school or non-public school shall not be allowed. A
14pupil who is suspended or expelled from a charter school shall
15be deemed to be suspended or expelled from the public schools
16of the school district in which the pupil resides.
17Notwithstanding anything to the contrary in this subsection
18(h): ,
19        (1) any charter school with a mission exclusive to
20    educating high school dropouts may grant priority
21    admission to students who are high school dropouts and/or
22    students 16 or 15 years old at risk of dropping out and any
23    charter school with a mission exclusive to educating
24    students from low-performing or overcrowded schools may
25    restrict admission to students who are from low-performing
26    or overcrowded schools; "priority admission" . "Priority

 

 

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1    admission" for charter schools exclusively devoted to
2    re-enrolled dropouts or students at risk of dropping out
3    means a minimum of 90% of students enrolled shall be high
4    school dropouts; and .
5        (2) any charter school located in a school district
6    that contains all or part of a federal military base may
7    set aside up to 33% of its current charter enrollment to
8    students with parents assigned to the federal military
9    base, with the remaining 67% subject to the general
10    enrollment and lottery requirements of subsection (d) of
11    this Section and this subsection (h); if a student with a
12    parent assigned to the federal military base withdraws from
13    the charter school during the course of a school year for
14    reasons other than grade promotion, those students with
15    parents assigned to the federal military base shall have
16    preference in filling the vacancy.
17    (i) (Blank).
18    (j) Notwithstanding any other provision of law to the
19contrary, a school district in a city having a population
20exceeding 500,000 shall not have a duty to collectively bargain
21with an exclusive representative of its employees over
22decisions to grant or deny a charter school proposal under
23Section 27A-8 of this Code, decisions to renew or revoke a
24charter under Section 27A-9 of this Code, and the impact of
25these decisions, provided that nothing in this Section shall
26have the effect of negating, abrogating, replacing, reducing,

 

 

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1diminishing, or limiting in any way employee rights,
2guarantees, or privileges granted in Sections 2, 3, 7, 8, 10,
314, and 15 of the Illinois Educational Labor Relations Act.
4    (k) In this Section:
5    "Low-performing school" means a public school in a school
6district organized under Article 34 of this Code that enrolls
7students in any of grades kindergarten through 8 and that is
8ranked within the lowest 10% of schools in that district in
9terms of the percentage of students meeting or exceeding
10standards on the Illinois Standards Achievement Test.
11    "Overcrowded school" means a public school in a school
12district organized under Article 34 of this Code that (i)
13enrolls students in any of grades kindergarten through 8, (ii)
14has a percentage of low-income students of 70% or more, as
15identified in the most recently available School Report Card
16published by the State Board of Education, and (iii) is
17determined by the Chicago Board of Education to be in the most
18severely overcrowded 5% of schools in the district. On or
19before November 1 of each year, the Chicago Board of Education
20shall file a report with the State Board of Education on which
21schools in the district meet the definition of "overcrowded
22school". "Students at risk of dropping out" means students 16
23or 15 years old in a public school in a district organized
24under Article 34 of this Code that enrolls students in any
25grades 9-12 who have been absent at least 90 school attendance
26days of the previous 180 school attendance days.

 

 

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1(Source: P.A. 96-105, eff. 7-30-09; 97-151, eff. 1-1-12;
297-624, eff. 11-28-11; 97-813, eff. 7-13-12.)
 
3    Section 99. Effective date. This Act takes effect July 1,
42013.".