Full Text of HB3361 95th General Assembly
HB3361ham001 95TH GENERAL ASSEMBLY
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Rep. Jerry L. Mitchell
Filed: 4/24/2007
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| AMENDMENT TO HOUSE BILL 3361
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| AMENDMENT NO. ______. Amend House Bill 3361 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The School Code is amended by changing Section | 5 |
| 27A-4 as follows:
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| (105 ILCS 5/27A-4)
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| Sec. 27A-4. General Provisions.
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| (a) The General Assembly does not intend to alter or amend | 9 |
| the provisions
of any court-ordered desegregation plan in | 10 |
| effect for any school district. A
charter school shall be | 11 |
| subject to all federal and State laws and
constitutional | 12 |
| provisions prohibiting discrimination on the basis of
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| disability, race, creed, color, gender, national origin, | 14 |
| religion, ancestry,
marital status, or need for special | 15 |
| education services.
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| (b) The total number of charter schools operating under |
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| this Article at any
one time shall not exceed 60. Not more than | 2 |
| 30 charter
schools
shall operate at any one time in any city | 3 |
| having a population exceeding
500,000; not more than 15
charter | 4 |
| schools shall operate at any one time in the counties of | 5 |
| DuPage, Kane,
Lake, McHenry, Will, and that portion of Cook | 6 |
| County that is located outside a
city having a population | 7 |
| exceeding 500,000, with not more than one
charter school that | 8 |
| has been initiated by a board of education, or
by an | 9 |
| intergovernmental agreement between or among boards of | 10 |
| education,
operating at any one time in the school district | 11 |
| where the charter school is
located; and not more than 15 | 12 |
| charter
schools shall operate at any one time in the remainder | 13 |
| of the State, with not
more than one charter school that
has | 14 |
| been initiated by a board of education, or
by an | 15 |
| intergovernmental agreement between or among boards of | 16 |
| education,
operating at any one
time in the school district | 17 |
| where the charter school is located. The following provisions | 18 |
| apply notwithstanding the other provisions of this subsection | 19 |
| (b): | 20 |
| (1) If 14 charter schools are operating at any one time | 21 |
| in the counties of DuPage, Kane, Lake, McHenry, Will, and | 22 |
| that portion of Cook County that is located outside a city | 23 |
| having a population exceeding 500,000, then one additional | 24 |
| charter school, which must be exclusively for truants or | 25 |
| dropouts, may operate in a city having a population | 26 |
| exceeding 500,000, and the limit on the number of charter |
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| schools that may operate at any one time in the counties of | 2 |
| DuPage, Kane, Lake, McHenry, Will, and that portion of Cook | 3 |
| County that is located outside a city having a population | 4 |
| exceeding 500,000 shall be reduced to 14 if an additional | 5 |
| charter school is established in a city having a population | 6 |
| exceeding 500,000 under the authority of this paragraph | 7 |
| (1). | 8 |
| (2) If 13 charter schools are operating at any one time | 9 |
| in the counties of DuPage, Kane, Lake, McHenry, Will, and | 10 |
| that portion of Cook County that is located outside a city | 11 |
| having a population exceeding 500,000, then 2 additional | 12 |
| charter schools, which must be exclusively for truants or | 13 |
| dropouts, may operate in a city having a population | 14 |
| exceeding 500,000, and the limit on the number of charter | 15 |
| schools that may operate at any one time in the counties of | 16 |
| DuPage, Kane, Lake, McHenry, Will, and that portion of Cook | 17 |
| County that is located outside a city having a population | 18 |
| exceeding 500,000 shall be reduced by the number of | 19 |
| additional charter schools established in a city having a | 20 |
| population exceeding 500,000 under the authority of this | 21 |
| paragraph (2). | 22 |
| (3) If 12 or fewer charter schools are operating at any | 23 |
| one time in the counties of DuPage, Kane, Lake, McHenry, | 24 |
| Will, and that portion of Cook County that is located | 25 |
| outside a city having a population exceeding 500,000, then | 26 |
| 3 additional charter schools, which must be exclusively for |
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| truants or dropouts, may operate in a city having a | 2 |
| population exceeding 500,000, and the limit on the number | 3 |
| of charter schools that may operate at any one time in the | 4 |
| counties of DuPage, Kane, Lake, McHenry, Will, and that | 5 |
| portion of Cook County that is located outside a city | 6 |
| having a population exceeding 500,000 shall be reduced by | 7 |
| the number of additional charter schools established in a | 8 |
| city having a population exceeding 500,000 under the | 9 |
| authority of this paragraph (3). | 10 |
| (4) If 14 charter schools are operating at any one time | 11 |
| in that part of the State outside of the counties of | 12 |
| DuPage, Kane, Lake, McHenry, Will, and Cook County, then | 13 |
| one additional charter school, which must be exclusively | 14 |
| for truants or dropouts, may operate in a city having a | 15 |
| population exceeding 500,000, and the limit on the number | 16 |
| of charter schools that may operate at any one time in that | 17 |
| part of the State outside of the counties of DuPage, Kane, | 18 |
| Lake, McHenry, Will, and Cook County shall be reduced to 14 | 19 |
| if an additional charter school is established in a city | 20 |
| having a population exceeding 500,000 under the authority | 21 |
| of this paragraph (4). | 22 |
| (5) If 13 or fewer charter schools are operating at any | 23 |
| one time in that part of the State outside of the counties | 24 |
| of DuPage, Kane, Lake, McHenry, Will, and Cook County, then | 25 |
| 2 additional charter schools, which must be exclusively for | 26 |
| truants or dropouts, may operate in a city having a |
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LRB095 06886 NHT 35234 a |
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| population exceeding 500,000, and the limit on the number | 2 |
| of charter schools that may operate at any one time in that | 3 |
| part of the State outside of the counties of DuPage, Kane, | 4 |
| Lake, McHenry, Will, and Cook County shall be reduced by | 5 |
| the number of additional charter schools established in a | 6 |
| city having a population exceeding 500,000 under the | 7 |
| authority of this paragraph (5).
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| For purposes of implementing this Section, the State Board | 9 |
| shall assign a
number to each charter submission it receives | 10 |
| under Section 27A-6 for its
review and certification, based on | 11 |
| the chronological order in which the
submission is received by | 12 |
| it. The State Board shall promptly notify local
school boards | 13 |
| when the maximum numbers of certified charter schools | 14 |
| authorized
to operate have been reached.
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| (c) No charter shall be granted under this Article that | 16 |
| would convert any
existing private, parochial, or non-public | 17 |
| school to a charter school.
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| (d) Enrollment in a charter school shall be open to any | 19 |
| pupil who resides
within the geographic boundaries of the area | 20 |
| served by the local school board, provided that the board of | 21 |
| education in a city having a population exceeding 500,000 may | 22 |
| designate attendance boundaries for no more than one-third of | 23 |
| the charter schools permitted in the city if the board of | 24 |
| education determines that attendance boundaries are needed to | 25 |
| relieve overcrowding or to better serve low-income and at-risk | 26 |
| students. Students residing within an attendance boundary may |
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| be given priority for enrollment, but must not be required to | 2 |
| attend the charter school.
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| (e) Nothing in this Article shall prevent 2 or more local | 4 |
| school boards from
jointly
issuing a charter to a single shared | 5 |
| charter school, provided that all of the
provisions of this | 6 |
| Article are met as to those local school boards.
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| (f) No local school board shall require any employee of the | 8 |
| school district
to be employed in a charter school.
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| (g) No local school board shall require any pupil residing | 10 |
| within the
geographic boundary of its district to enroll in a | 11 |
| charter school.
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| (h) If there are more eligible applicants for enrollment in | 13 |
| a charter school
than there are spaces available, successful | 14 |
| applicants shall be selected by
lottery. However, priority | 15 |
| shall be given to siblings of pupils enrolled in
the charter | 16 |
| school and to pupils who were enrolled in the charter school | 17 |
| the
previous school year, unless expelled for cause, and | 18 |
| priority may be given to pupils residing within the charter | 19 |
| school's attendance boundary, if a boundary has been designated | 20 |
| by the board of education in a city having a population | 21 |
| exceeding 500,000. Dual enrollment at both a
charter school and | 22 |
| a public school or non-public school shall not be allowed.
A | 23 |
| pupil who is suspended or expelled from a charter school shall | 24 |
| be deemed to
be suspended or expelled from the public schools | 25 |
| of the school district in
which the pupil resides.
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| (i) (Blank).
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| (j) Notwithstanding any other provision of law to the | 2 |
| contrary, a
school district in a city having a population | 3 |
| exceeding 500,000 shall not
have a duty to collectively bargain | 4 |
| with an exclusive representative of its
employees over | 5 |
| decisions to grant or deny a charter school proposal
under | 6 |
| Section 27A-8 of this Code, decisions to renew or revoke a | 7 |
| charter
under Section 27A-9 of this Code, and the impact of | 8 |
| these decisions,
provided that nothing in this Section shall | 9 |
| have the effect of negating,
abrogating, replacing, reducing, | 10 |
| diminishing, or limiting in any way
employee rights, | 11 |
| guarantees, or privileges granted in Sections 2, 3, 7, 8,
10, | 12 |
| 14, and 15 of the Illinois Educational Labor Relations Act.
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| (Source: P.A. 92-16, eff. 6-28-01; 93-3, eff. 4-16-03; 93-861, | 14 |
| eff. 1-1-05.)".
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