HB3745 98TH GENERAL ASSEMBLY

LRB098 14701 NHT 49574 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3745

Introduced , by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

105 ILCS 5/2-3.128
105 ILCS 5/13A-5
105 ILCS 5/27A-5
105 ILCS 433/10

Amends the School Code and the Vocational Academies Act. Requires alternative schools and charter schools to establish vocational academies for students in grades 10 through 12, in partnership with school districts, community colleges, local employers, and community-based organizations. Sets forth requirements concerning these academies. Permits the State Board of Education to adopt any rules necessary to implement and administer these provisions.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by changing Sections 2-3.128, 13A-5, and 27A-5 as follows:

(105 ILCS 5/2-3.128)

Sec. 2-3.128. Job training program; prohibition. Except as otherwise provided in subsection (b) of Section 10 of the Vocational Academies Act, the The State Board of Education shall not require a school district or a student of any district to participate in any school-to-work or job training program.

(Source: P.A. 91-175, eff. 1-1-00; 92-16, eff. 6-28-01.)

(105 ILCS 5/13A-5)

Sec. 13A-5. Alternative school program curriculum.

(a) The regional superintendent shall implement, or contract with one or more school districts to implement, a multi-disciplinary curriculum, which shall include a vocational academy as provided under subsection (b) of Section 10 of the Vocational Academies Act and may otherwise include work-based learning and community service work approved by the regional superintendent of schools in consultation with the State Board of Education for which academic credit is earned, for the alternative school program designed to address the individualized needs of the students of that program, with special emphasis toward making the educational experience of each student meaningful and worthwhile. In the design and implementation of that curriculum, the regional superintendent or school district shall give due consideration to the rules and regulations adopted by the State Board of Education for alternative schools and optional education programs. The regional superintendent or school district (i) may contract with third parties for any services otherwise performed by employees and (ii) may apply for waivers or modifications of mandates of this Code or of administrative rules as provided in Section 2-3.25g of this Code and as are necessary for the alternative school program.

(b) An administratively transferred student who successfully completes the requirements for his or her high school graduation shall receive a diploma identifying the student as graduating from the transferring high school. In the event the student is administratively transferred before enrolling in a high school, then that student shall receive a diploma from the high school the student would have attended if the student had not attended an alternative school program.

(Source: P.A. 90-283, eff. 7-31-97; 91-318, eff. 7-29-99.)

(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.

(b-5) In this subsection (b-5), "virtual-schooling" means the teaching of courses through online methods with online instructors, rather than the instructor and student being at the same physical location. "Virtual-schooling" includes without limitation instruction provided by full-time, online virtual schools.

From April 1, 2013 through April 1, 2014, there is a moratorium on the establishment of charter schools with virtual-schooling components in school districts other than a school district organized under Article 34 of this Code. This moratorium does not apply to a charter school with virtual-schooling components existing or approved prior to April 1, 2013 or to the renewal of the charter of a charter school with virtual-schooling components already approved prior to April 1, 2013.

On or before March 1, 2014, the Commission shall submit to the General Assembly a report on the effect of virtual-schooling, including without limitation the effect on student performance, the costs associated with virtual-schooling, and issues with oversight. The report shall include policy recommendations for virtual-schooling.

(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. Annually, by December 1, every charter school must submit to the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service.

(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, 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 all of 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 and Statewide Murderer and Violent Offender Against Youth 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. ;

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

(8) The P-20 Longitudinal Education Data System Act.

(9) The Vocational Academies Act.

The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law.

(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) If the charter school is approved by the Commission, then the Commission charter school is its own local education agency.

(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; 97-813, eff. 7-13-12; 98-16, eff. 5-24-13.)

Section 10. The Vocational Academies Act is amended by changing Section 10 as follows:

(105 ILCS 433/10)

Sec. 10. Establishment.

(a) A school district, in partnership with community colleges, local employers, and community-based organizations, may establish a vocational academy that is eligible for a grant under this Act if the vocational academy meets all of the following requirements:

(1) The vocational academy must have a minimum 5-clock-hour day and be under the direct supervision of teachers.

(2) The vocational academy must be a 2-year school within a school program for grades 10 through 12 that is organized around a career theme and operated as a business-education partnership.

(3) The vocational academy must be a career-oriented program that uses the direct involvement of local employers to provide students with an education and the skills needed for employment.

(4) The vocational academy must be a standards-based educational program that prepares students both academically and technically for entrance into postsecondary education or careers in a selected field.

(5) The curriculum of the vocational academy must be based on the Illinois Learning Standards, and work-site training must provide students with learning experiences for entry-level employment in the local job market and lifelong learning skills for higher education.

(b) Beginning with the 2015-2016 school year, alternative schools established under Article 13A of the School Code and charter schools established under Article 27A of the School Code shall establish vocational academies for students in grades 10 through 12, in partnership with school districts, community colleges, local employers, and community-based organizations. A vocational academy established under this subsection (b) must meet all of the requirements set forth in subsection (a) of this Section. More than one vocational academy may be established within the same school. With respect to charter schools, the school board of the school district where the charter school is located shall select the career theme for the vocational academy.

Students of the alternative or charter school enrolled in grades 10 through 12 must participate in the vocational academy program established under this subsection (b). The alternative or charter school may require a participant to meet occupational standards for grade level promotion or graduation. A student who successfully completes the vocational academy program shall receive a certificate, developed by the State Board of Education, indicating the type of training he or she has received.

The State Board of Education may adopt any rules necessary to implement and administer this subsection (b).

(Source: P.A. 94-220, eff. 7-14-05.)