Rep. William Davis

Filed: 5/23/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2793

2    AMENDMENT NO. ______. Amend Senate Bill 2793, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The School Code is amended by adding Section
62-3.160 and by changing Section 27A-5 as follows:
 
7    (105 ILCS 5/2-3.160 new)
8    Sec. 2-3.160. Student discipline report; school discipline
9improvement plan.
10    (a) On or before October 31, 2015 and on or before October
1131 of each subsequent year, the State Board of Education,
12through the State Superintendent of Education, shall prepare a
13report on student discipline in all school districts in this
14State, including State-authorized charter schools. This report
15shall include data from all public schools within school
16districts, including district-authorized charter schools. This

 

 

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1report must be posted on the Internet website of the State
2Board of Education. The report shall include data on the
3issuance of out-of-school suspensions, expulsions, and
4removals to alternative settings in lieu of another
5disciplinary action, disaggregated by race and ethnicity,
6gender, age, grade level, limited English proficiency,
7incident type, and discipline duration.
8    (b) The State Board of Education shall analyze the data
9under subsection (a) of this Section on an annual basis and
10determine the top 20% of school districts for the following
11metrics:
12        (1) Total number of out-of-school suspensions divided
13    by the total district enrollment by October 1 for the year
14    in which the data was collected, multiplied by 100.
15        (2) Total number of out-of-school expulsions divided
16    by the total district enrollment by October 1 for the year
17    in which the data was collected, multiplied by 100.
18        (3) Racial disproportionality, defined as the
19    overrepresentation of students of color or white students
20    in comparison to the total number of students of color or
21    white students on October 1st of the school year in which
22    data are collected, with respect to the use of
23    out-of-school suspensions and expulsions, which must be
24    calculated using the same method as the U.S. Department of
25    Education's Office for Civil Rights uses.
26    The analysis must be based on data collected over 3

 

 

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1consecutive school years, beginning with the 2014-2015 school
2year.
3    Beginning with the 2017-2018 school year, the State Board
4of Education shall require each of the school districts that
5are identified in the top 20% of any of the metrics described
6in this subsection (b) for 3 consecutive years to submit a plan
7identifying the strategies the school district will implement
8to reduce the use of exclusionary disciplinary practices or
9racial disproportionality or both, if applicable. School
10districts that no longer meet the criteria described in any of
11the metrics described in this subsection (b) for 3 consecutive
12years shall no longer be required to submit a plan.
13    This plan may be combined with any other improvement plans
14required under federal or State law.
15    The calculation of the top 20% of any of the metrics
16described in this subsection (b) shall exclude all school
17districts, State-authorized charter schools, and special
18charter districts that issued fewer than a total of 10
19out-of-school suspensions or expulsions, whichever is
20applicable, during the school year. The calculation of the top
2120% of metric described in subdivision (3) of this subsection
22(b) shall exclude all school districts with an enrollment of
23fewer than 50 white students or fewer than 50 students of
24color.
25    The plan must be approved at a public school board meeting
26and posted on the school district's Internet website. Within

 

 

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1one year after being identified, the school district shall
2submit to the State Board of Education and post on the
3district's Internet website a progress report describing the
4implementation of the plan and the results achieved.
 
5    (105 ILCS 5/27A-5)
6    Sec. 27A-5. Charter school; legal entity; requirements.
7    (a) A charter school shall be a public, nonsectarian,
8nonreligious, non-home based, and non-profit school. A charter
9school shall be organized and operated as a nonprofit
10corporation or other discrete, legal, nonprofit entity
11authorized under the laws of the State of Illinois.
12    (b) A charter school may be established under this Article
13by creating a new school or by converting an existing public
14school or attendance center to charter school status. Beginning
15on the effective date of this amendatory Act of the 93rd
16General Assembly, in all new applications submitted to the
17State Board or a local school board to establish a charter
18school in a city having a population exceeding 500,000,
19operation of the charter school shall be limited to one campus.
20The changes made to this Section by this amendatory Act of the
2193rd General Assembly do not apply to charter schools existing
22or approved on or before the effective date of this amendatory
23Act.
24    (b-5) In this subsection (b-5), "virtual-schooling" means
25the teaching of courses through online methods with online

 

 

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1instructors, rather than the instructor and student being at
2the same physical location. "Virtual-schooling" includes
3without limitation instruction provided by full-time, online
4virtual schools.
5    From April 1, 2013 through April 1, 2014, there is a
6moratorium on the establishment of charter schools with
7virtual-schooling components in school districts other than a
8school district organized under Article 34 of this Code. This
9moratorium does not apply to a charter school with
10virtual-schooling components existing or approved prior to
11April 1, 2013 or to the renewal of the charter of a charter
12school with virtual-schooling components already approved
13prior to April 1, 2013.
14    On or before March 1, 2014, the Commission shall submit to
15the General Assembly a report on the effect of
16virtual-schooling, including without limitation the effect on
17student performance, the costs associated with
18virtual-schooling, and issues with oversight. The report shall
19include policy recommendations for virtual-schooling.
20    (c) A charter school shall be administered and governed by
21its board of directors or other governing body in the manner
22provided in its charter. The governing body of a charter school
23shall be subject to the Freedom of Information Act and the Open
24Meetings Act.
25    (d) A charter school shall comply with all applicable
26health and safety requirements applicable to public schools

 

 

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1under the laws of the State of Illinois.
2    (e) Except as otherwise provided in the School Code, a
3charter school shall not charge tuition; provided that a
4charter school may charge reasonable fees for textbooks,
5instructional materials, and student activities.
6    (f) A charter school shall be responsible for the
7management and operation of its fiscal affairs including, but
8not limited to, the preparation of its budget. An audit of each
9charter school's finances shall be conducted annually by an
10outside, independent contractor retained by the charter
11school. Annually, by December 1, every charter school must
12submit to the State Board a copy of its audit and a copy of the
13Form 990 the charter school filed that year with the federal
14Internal Revenue Service.
15    (g) A charter school shall comply with all provisions of
16this Article, the Illinois Educational Labor Relations Act, and
17its charter. A charter school is exempt from all other State
18laws and regulations in the School Code governing public
19schools and local school board policies, except the following:
20        (1) Sections 10-21.9 and 34-18.5 of the School Code
21    regarding criminal history records checks and checks of the
22    Statewide Sex Offender Database and Statewide Murderer and
23    Violent Offender Against Youth Database of applicants for
24    employment;
25        (2) Sections 24-24 and 34-84A of the School Code
26    regarding discipline of students;

 

 

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1        (3) The Local Governmental and Governmental Employees
2    Tort Immunity Act;
3        (4) Section 108.75 of the General Not For Profit
4    Corporation Act of 1986 regarding indemnification of
5    officers, directors, employees, and agents;
6        (5) The Abused and Neglected Child Reporting Act;
7        (6) The Illinois School Student Records Act;
8        (7) Section 10-17a of the School Code regarding school
9    report cards; and
10        (8) The P-20 Longitudinal Education Data System Act;
11    and .
12        (9) Section 2-3.160 of the School Code regarding
13    student discipline reporting.
14    The change made by Public Act 96-104 to this subsection (g)
15is declaratory of existing law.
16    (h) A charter school may negotiate and contract with a
17school district, the governing body of a State college or
18university or public community college, or any other public or
19for-profit or nonprofit private entity for: (i) the use of a
20school building and grounds or any other real property or
21facilities that the charter school desires to use or convert
22for use as a charter school site, (ii) the operation and
23maintenance thereof, and (iii) the provision of any service,
24activity, or undertaking that the charter school is required to
25perform in order to carry out the terms of its charter.
26However, a charter school that is established on or after the

 

 

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1effective date of this amendatory Act of the 93rd General
2Assembly and that operates in a city having a population
3exceeding 500,000 may not contract with a for-profit entity to
4manage or operate the school during the period that commences
5on the effective date of this amendatory Act of the 93rd
6General Assembly and concludes at the end of the 2004-2005
7school year. Except as provided in subsection (i) of this
8Section, a school district may charge a charter school
9reasonable rent for the use of the district's buildings,
10grounds, and facilities. Any services for which a charter
11school contracts with a school district shall be provided by
12the district at cost. Any services for which a charter school
13contracts with a local school board or with the governing body
14of a State college or university or public community college
15shall be provided by the public entity at cost.
16    (i) In no event shall a charter school that is established
17by converting an existing school or attendance center to
18charter school status be required to pay rent for space that is
19deemed available, as negotiated and provided in the charter
20agreement, in school district facilities. However, all other
21costs for the operation and maintenance of school district
22facilities that are used by the charter school shall be subject
23to negotiation between the charter school and the local school
24board and shall be set forth in the charter.
25    (j) A charter school may limit student enrollment by age or
26grade level.

 

 

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1    (k) If the charter school is approved by the Commission,
2then the Commission charter school is its own local education
3agency.
4(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;
597-813, eff. 7-13-12; 98-16, eff. 5-24-13.)
 
6    Section 99. Effective date. This Act takes effect July 1,
72014.".