HB0164ham001 94TH GENERAL ASSEMBLY

Elementary & Secondary Education Committee

Filed: 2/17/2005

09400HB0164ham001 LRB094 03609 NHT 40913 a

AMENDMENT TO HOUSE BILL 164

AMENDMENT NO. ______. Amend House Bill 164 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by changing Section 27A-10 as follows:

(105 ILCS 5/27A-10)

Sec. 27A-10. Employees.

(a) A person shall be deemed to be employed by a charter school unless a collective bargaining agreement or the charter school contract otherwise provides.

(b) In all school districts, including special charter districts and districts located in cities having a population exceeding 500,000, the local school board shall determine by policy or by negotiated agreement, if one exists, the employment status of any school district employees who are employed by a charter school and who seek to return to employment in the public schools of the district. Each local school board shall grant, for a period of up to 5 years, a leave of absence to those of its teachers who accept employment with a charter school. At the end of the authorized leave of absence, the teacher must return to the school district or resign; provided, however, that if the teacher chooses to return to the school district, the teacher must be assigned to a position which requires the teacher's certification and legal qualifications. The contractual continued service status and retirement benefits of a teacher of the district who is granted a leave of absence to accept employment with a charter school shall not be affected by that leave of absence.

(c) Charter schools shall employ in instructional positions, as defined in the charter, individuals who are certificated under Article 21 of this Code or who possess the following qualifications:

(i) graduated with a bachelor's degree from an accredited institution of higher learning;

(ii) been employed for a period of at least 5 years in an area requiring application of the individual's education;

(iii) passed the tests of basic skills and subject matter knowledge required by Section 21-1a of the School Code; and

(iv) demonstrate continuing evidence of professional growth which shall include, but not be limited to, successful teaching experience, attendance at professional meetings, membership in professional organizations, additional credits earned at institutions of higher learning, travel specifically for educational purposes, and reading of professional books and periodicals.

Charter schools employing individuals without certification in instructional positions shall provide such mentoring, training, and staff development for those individuals as the charter schools determine necessary for satisfactory performance in the classroom. A charter school that is operating in a city having a population exceeding 500,000 may not employ an individual in an instructional position who is not State-certified and highly qualified as defined in the federal No Child Left Behind Act of 2001.

Beginning with the 2006-2007 school year, at least 50% of the individuals employed in instructional positions by a charter school that is operating in a city having a population exceeding 500,000 and that is established on or after the effective date of this amendatory Act of the 93rd General Assembly shall hold teaching certificates issued under Article 21 of this Code.

Beginning with the 2006-2007 school year, at least 75% of the individuals employed in instructional positions by a charter school that is operating in a city having a population exceeding 500,000 and that is established before the effective date of this amendatory Act of the 93rd General Assembly shall hold teaching certificates issued under Article 21 of this Code.

Charter schools operating in a city having a population exceeding 500,000 are exempt from any annual cap on new participants in an alternative certification program. The second and third phases of the alternative certification program may be conducted and completed at the charter school, and the alternative teaching certificate is valid for 4 years or the length of the charter (or any extension of the charter), whichever is longer.

With respect to a charter school that is operating in a city having a population exceeding 500,000, residency within the city must be considered in determining the employment and compensation of a teacher and whether to retain, promote, assign, or transfer that teacher.

Notwithstanding any other provisions of the School Code, charter schools may employ non-certificated staff in all other positions.

(d) A teacher at a charter school may resign his or her position only if the teacher gives notice of resignation to the charter school's governing body at least 60 days before the end of the school term, and the resignation must take effect immediately upon the end of the school term.

(Source: P.A. 93-3, eff. 4-16-03.)

Section 90. The State Mandates Act is amended by adding Section 8.29 as follows:

(30 ILCS 805/8.29 new)

Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 94th General Assembly.

Section 99. Effective date. This Act takes effect August 15, 2005.".