Full Text of HB2401 97th General Assembly
HB2401ham001 97TH GENERAL ASSEMBLY | Rep. Jerry L. Mitchell Filed: 3/31/2011
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| 1 | | AMENDMENT TO HOUSE BILL 2401
| 2 | | AMENDMENT NO. ______. Amend House Bill 2401 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 27A-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 | 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
| 13 | | disability, race, creed, color, gender, national origin, | 14 | | religion, ancestry,
marital status, or need for special | 15 | | education services.
| 16 | | (b) The total number of charter schools operating under |
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| 1 | | this Article at any
one time shall not exceed 120. Not more | 2 | | than 70 charter
schools
shall operate at any one time in any | 3 | | city having a population exceeding
500,000 and not more than 45
| 4 | | charter schools shall operate at any one time in the remainder | 5 | | of the State, with not
more than one charter school that
has | 6 | | been initiated by a board of education, or
by an | 7 | | intergovernmental agreement between or among boards of | 8 | | education,
operating at any one
time in the school district | 9 | | where the charter school is located. In addition to these | 10 | | charter schools, up to but no more than 5 charter schools | 11 | | devoted exclusively to re-enrolled high school dropouts may | 12 | | operate at any one time in any city having a population | 13 | | exceeding 500,000. Notwithstanding any provision to the | 14 | | contrary in subsection (b) of Section 27A-5 of this Code, each | 15 | | such dropout charter may operate up to 15 campuses within the | 16 | | city. Any of these dropout charters may have a maximum of 1,875 | 17 | | enrollment seats, any one of the campuses of the dropout | 18 | | charter may have a maximum of 165 enrollment seats, and each | 19 | | campus of the dropout charter must be operated , through a | 20 | | contract or payroll, by the same legal entity as that for which | 21 | | the charter is approved and certified.
| 22 | | For purposes of implementing this Section, the State Board | 23 | | shall assign a
number to each charter submission it receives | 24 | | under Section 27A-6 for its
review and certification, based on | 25 | | the chronological order in which the
submission is received by | 26 | | it. The State Board shall promptly notify local
school boards |
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| 1 | | when the maximum numbers of certified charter schools | 2 | | authorized
to operate have been reached.
| 3 | | (c) No charter shall be granted under this Article that | 4 | | would convert any
existing private, parochial, or non-public | 5 | | school to a charter school.
| 6 | | (d) Enrollment in a charter school shall be open to any | 7 | | pupil who resides
within the geographic boundaries of the area | 8 | | served by the local school board, provided that the board of | 9 | | education in a city having a population exceeding 500,000 may | 10 | | designate attendance boundaries for no more than one-third of | 11 | | the charter schools permitted in the city if the board of | 12 | | education determines that attendance boundaries are needed to | 13 | | relieve overcrowding or to better serve low-income and at-risk | 14 | | students. Students residing within an attendance boundary may | 15 | | be given priority for enrollment, but must not be required to | 16 | | attend the charter school.
| 17 | | (e) Nothing in this Article shall prevent 2 or more local | 18 | | school boards from
jointly
issuing a charter to a single shared | 19 | | charter school, provided that all of the
provisions of this | 20 | | Article are met as to those local school boards.
| 21 | | (f) No local school board shall require any employee of the | 22 | | school district
to be employed in a charter school.
| 23 | | (g) No local school board shall require any pupil residing | 24 | | within the
geographic boundary of its district to enroll in a | 25 | | charter school.
| 26 | | (h) If there are more eligible applicants for enrollment in |
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| 1 | | a charter school
than there are spaces available, successful | 2 | | applicants shall be selected by
lottery. However, priority | 3 | | shall be given to siblings of pupils enrolled in
the charter | 4 | | school and to pupils who were enrolled in the charter school | 5 | | the
previous school year, unless expelled for cause, and | 6 | | priority may be given to pupils residing within the charter | 7 | | school's attendance boundary, if a boundary has been designated | 8 | | by the board of education in a city having a population | 9 | | exceeding 500,000. Dual enrollment at both a
charter school and | 10 | | a public school or non-public school shall not be allowed.
A | 11 | | pupil who is suspended or expelled from a charter school shall | 12 | | be deemed to
be suspended or expelled from the public schools | 13 | | of the school district in
which the pupil resides. | 14 | | Notwithstanding anything to the contrary in this subsection | 15 | | (h), any charter school with a mission exclusive to educating | 16 | | high school dropouts may restrict admission to students who are | 17 | | high school dropouts.
| 18 | | (i) (Blank).
| 19 | | (j) Notwithstanding any other provision of law to the | 20 | | contrary, a
school district in a city having a population | 21 | | exceeding 500,000 shall not
have a duty to collectively bargain | 22 | | with an exclusive representative of its
employees over | 23 | | decisions to grant or deny a charter school proposal
under | 24 | | Section 27A-8 of this Code, decisions to renew or revoke a | 25 | | charter
under Section 27A-9 of this Code, and the impact of | 26 | | these decisions,
provided that nothing in this Section shall |
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| 1 | | have the effect of negating,
abrogating, replacing, reducing, | 2 | | diminishing, or limiting in any way
employee rights, | 3 | | guarantees, or privileges granted in Sections 2, 3, 7, 8,
10, | 4 | | 14, and 15 of the Illinois Educational Labor Relations Act.
| 5 | | (Source: P.A. 96-105, eff. 7-30-09.)".
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