Full Text of SB0079 97th General Assembly
SB0079sam001 97TH GENERAL ASSEMBLY | Sen. Heather A. Steans Filed: 3/14/2011
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| 1 | | AMENDMENT TO SENATE BILL 79
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 79 as follows:
| 3 | | on page 1, line 1, after "education", by inserting ", which may | 4 | | be referred to as the Charter School Quality Law"; and | 5 | | on page 1, immediately below line 3, by inserting the | 6 | | following: | 7 | | "Section 3. The State Finance Act is amended by adding | 8 | | Section 5.786 as follows: | 9 | | (30 ILCS 105/5.786 new) | 10 | | Sec. 5.786. The State Charter School Commission Fund. "; and | 11 | | on page 6, line 18, by replacing " on the recommendation of a " | 12 | | with " from "; and |
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| 1 | | on page 6, line 19, after " Governor ", by inserting " , within 60 | 2 | | days after the effective date of this amendatory Act of the | 3 | | 97th General Assembly with respect to the initial Commission | 4 | | members "; and | 5 | | on page 6, line 21, after the period, by inserting " The | 6 | | Governor shall propose a slate of candidates to the State Board | 7 | | within 60 days after the effective date of this amendatory Act | 8 | | of the 97th General Assembly and 60 days prior to the | 9 | | expiration of the term of a member thereafter. If the Governor | 10 | | fails to timely propose a slate of candidates according to the | 11 | | provisions of this subsection (c), then the State Board may | 12 | | appoint the member or members of the Commission. "; and | 13 | | on page 7, by replacing lines 2 and 3 with the following:
| 14 | | " demonstrated understanding of and a commitment to public | 15 | | education, including without limitation charter schooling. "; | 16 | | and
| 17 | | on page 7, line 15, by replacing " The " with " Subject to the | 18 | | State Officials and Employees Ethics Act, the "; and | 19 | | on page 7, line 20, after the period, by inserting " Funds | 20 | | received under this subsection (g) must be deposited into the | 21 | | State Charter School Commission Fund. "; and |
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| 1 | | on page 7, immediately below line 20, by inserting the | 2 | | following: | 3 | | " The State Charter School Commission Fund is created as a | 4 | | special fund in the State treasury. All money in the Fund shall | 5 | | be used, subject to appropriation, by the Commission for | 6 | | operational and administrative costs of the Commission. "; and
| 7 | | on page 8, line 7, after the period, by inserting " This fee | 8 | | must be deposited into the State Charter School Commission | 9 | | Fund. "; and | 10 | | on page 8, by replacing line 10 with the following:
| 11 | | " its authorization transferred to the Commission upon a vote of | 12 | | the State Board, "; and
| 13 | | on page 8, line 12, after " Article. ", by inserting " However, in | 14 | | no case shall such transfer take place later than July 1, | 15 | | 2012. "; and | 16 | | on page 8, by replacing line 16 with the following:
| 17 | | " authorized by a local school board or boards may seek transfer | 18 | | of authorization to the "; and
| 19 | | on page 8, line 18, after " board ", by inserting " or boards "; | 20 | | and
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| 1 | | on page 8, line 19, after " board ", by inserting " or boards "; | 2 | | and
| 3 | | on page 8, line 20, by replacing " that board " with " the board | 4 | | or boards "; and
| 5 | | on page 8, immediately below line 22, by inserting the | 6 | | following: | 7 | | " On the effective date of this amendatory Act of the 97th | 8 | | General Assembly, all rules of the State Board applicable to | 9 | | matters falling within the responsibility of the Commission | 10 | | shall be applicable to the actions of the Commission. The | 11 | | Commission shall thereafter have the authority to propose to | 12 | | the State Board modifications to all rules applicable to | 13 | | matters falling within the responsibility of the Commission. | 14 | | The State Board shall retain rulemaking authority for the | 15 | | Commission, but shall work jointly with the Commission on any | 16 | | proposed modifications. Upon recommendation of proposed rule | 17 | | modifications by the Commission and pursuant to the Illinois | 18 | | Administrative Procedure Act, the State Board shall consider | 19 | | such changes within the intent of this amendatory Act of the | 20 | | 97th General Assembly and grant any and all changes consistent | 21 | | with that intent. | 22 | | (l) The Commission shall have the responsibility to | 23 | | consider appeals under this Article immediately upon | 24 | | appointment of the initial members of the Commission under |
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| 1 | | subsection (c) of this Section. Appeals pending at the time of | 2 | | initial appointment shall be determined by the Commission; the | 3 | | Commission may extend the time for review as necessary for | 4 | | thorough review, but in no case shall the extension exceed the | 5 | | time that would have been available had the appeal been | 6 | | submitted to the Commission on the date of appointment of its | 7 | | initial members. In any appeal filed with the Commission under | 8 | | this Article, both the applicant and the school district in | 9 | | which the charter school plans to locate shall have the right | 10 | | to request a hearing before the Commission. If more than one | 11 | | entity requests a hearing, then the Commission may hold only | 12 | | one hearing, wherein the applicant and the school district | 13 | | shall have an equal opportunity to present their respective | 14 | | positions. "; and | 15 | | on page 9, line 26, after " authorize ", by inserting " , except | 16 | | for willful or wanton misconduct "; and | 17 | | on page 14, immediately below line 6, by inserting the | 18 | | following: | 19 | | " (h) The Commission may reverse a local school board's | 20 | | decision to deny a charter school proposal if the Commission | 21 | | finds that the proposal (i) is in compliance with this Article | 22 | | and (ii) is in the best interests of the students the charter | 23 | | school is designed to serve. Final decisions of the Commission | 24 | | are subject to judicial review under the Administrative Review |
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| 1 | | Law. | 2 | | (i) In the case of a charter school proposed to be jointly | 3 | | authorized by 2 or more school districts, the local school | 4 | | boards may unanimously deny the charter school proposal with a | 5 | | statement that the local school boards are not opposed to the | 6 | | charter school, but that they yield to the Commission in light | 7 | | of the complexities of joint administration. "; and | 8 | | on page 16, by replacing lines 16 through 19 with the | 9 | | following:
| 10 | | "interests of the students it is designed to serve. The State
| 11 | | Board may condition the granting of an appeal on the acceptance
| 12 | | by the charter school of funding in an amount less than that
| 13 | | requested in the proposal submitted to the local school | 14 | | board."; and | 15 | | on page 17, by replacing lines 15 through 19 with the | 16 | | following:
| 17 | | "regarding hours of instruction and teacher certification. The
| 18 | | State Board shall withhold from funds otherwise due the
| 19 | | district the funds authorized by this Article to be paid to the
| 20 | | charter school and shall pay such amounts to the charter
| 21 | | school."; and | 22 | | on page 17, by deleting lines 23 through 26; and |
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| 1 | | on page 18, by deleting lines 1 through 12; and | 2 | | on page 18, line 13, by replacing " (j) " with " (h) ".
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