Full Text of HB3232 98th General Assembly
HB3232sam002 98TH GENERAL ASSEMBLY | Sen. Jacqueline Y. Collins Filed: 5/20/2014
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| 1 | | AMENDMENT TO HOUSE BILL 3232
| 2 | | AMENDMENT NO. ______. Amend House Bill 3232 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 27A-4 and 27A-5 and by adding Sections 27A-10.5 and 27A-10.10 | 6 | | as follows:
| 7 | | (105 ILCS 5/27A-4)
| 8 | | Sec. 27A-4. General Provisions.
| 9 | | (a) The General Assembly does not intend to alter or amend | 10 | | the provisions
of any court-ordered desegregation plan in | 11 | | effect for any school district. A
charter school shall be | 12 | | subject to all federal and State laws and
constitutional | 13 | | provisions prohibiting discrimination on the basis of
| 14 | | disability, race, creed, color, gender, national origin, | 15 | | religion, ancestry,
marital status, or need for special | 16 | | education services.
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| 1 | | (b) The total number of charter schools operating under | 2 | | this Article at any
one time shall not exceed 120. Not more | 3 | | than 70 charter
schools
shall operate at any one time in any | 4 | | city having a population exceeding
500,000, with at least 5 | 5 | | charter schools devoted exclusively to students from | 6 | | low-performing or overcrowded schools operating at any one time | 7 | | in that city; and not more than 45
charter schools shall | 8 | | operate at any one time in the remainder of the State, with not
| 9 | | more than one charter school that
has been initiated by a board | 10 | | of education, or
by an intergovernmental agreement between or | 11 | | among boards of education,
operating at any one
time in the | 12 | | school district where the charter school is located. In | 13 | | addition to these charter schools, up to but no more than 5 | 14 | | charter schools devoted exclusively to re-enrolled high school | 15 | | dropouts and/or students 16 or 15 years old at risk of dropping | 16 | | out may operate at any one time in any city having a population | 17 | | exceeding 500,000. Notwithstanding any provision to the | 18 | | contrary in subsection (b) of Section 27A-5 of this Code, each | 19 | | such dropout charter may operate up to 15 campuses within the | 20 | | city. Any of these dropout charters may have a maximum of 1,875 | 21 | | enrollment seats, any one of the campuses of the dropout | 22 | | charter may have a maximum of 165 enrollment seats, and each | 23 | | campus of the dropout charter must be operated, through a | 24 | | contract or payroll, by the same legal entity as that for which | 25 | | the charter is approved and certified.
| 26 | | For purposes of implementing this Section, the State Board |
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| 1 | | shall assign a
number to each charter submission it receives | 2 | | under Section 27A-6 for its
review and certification, based on | 3 | | the chronological order in which the
submission is received by | 4 | | it. The State Board shall promptly notify local
school boards | 5 | | when the maximum numbers of certified charter schools | 6 | | authorized
to operate have been reached.
| 7 | | (c) No charter shall be granted under this Article that | 8 | | would convert any
existing private, parochial, or non-public | 9 | | school to a charter school.
| 10 | | (d) Enrollment in a charter school shall be open to any | 11 | | pupil who resides
within the geographic boundaries of the area | 12 | | served by the local school board, provided that the board of | 13 | | education in a city having a population exceeding 500,000 may | 14 | | designate attendance boundaries for no more than one-third of | 15 | | the charter schools permitted in the city if the board of | 16 | | education determines that attendance boundaries are needed to | 17 | | relieve overcrowding or to better serve low-income and at-risk | 18 | | students. Students residing within an attendance boundary may | 19 | | be given priority for enrollment, but must not be required to | 20 | | attend the charter school.
| 21 | | (e) Nothing in this Article shall prevent 2 or more local | 22 | | school boards from
jointly
issuing a charter to a single shared | 23 | | charter school, provided that all of the
provisions of this | 24 | | Article are met as to those local school boards.
| 25 | | (f) No local school board shall require any employee of the | 26 | | school district
to be employed in a charter school.
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| 1 | | (g) No local school board shall require any pupil residing | 2 | | within the
geographic boundary of its district to enroll in a | 3 | | charter school.
| 4 | | (h) If there are more eligible applicants for enrollment in | 5 | | a charter school
than there are spaces available, successful | 6 | | applicants shall be selected by
lottery. However, priority | 7 | | shall be given to siblings of pupils enrolled in
the charter | 8 | | school and to pupils who were enrolled in the charter school | 9 | | the
previous school year, unless expelled for cause, and | 10 | | priority may be given to pupils residing within the charter | 11 | | school's attendance boundary, if a boundary has been designated | 12 | | by the board of education in a city having a population | 13 | | exceeding 500,000. | 14 | | Beginning with student enrollment for the 2015-2016 school | 15 | | year, any lottery required under this subsection (h) must be | 16 | | administered and videotaped by the charter school. The | 17 | | authorizer or its designee must be allowed to be present or | 18 | | view the lottery in real time. The charter school must maintain | 19 | | a videotaped record of the lottery, including a time/date | 20 | | stamp. The charter school shall transmit copies of the | 21 | | videotape and all records relating to the lottery to the | 22 | | authorizer on or before September 1 of each year. | 23 | | Subject to the requirements for priority applicant groups | 24 | | set forth in paragraph (1) of this subsection (h), any lottery | 25 | | required under this subsection (h) must be administered in a | 26 | | way that provides each student an equal chance at admission. If |
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| 1 | | an authorizer makes a determination that a charter school's | 2 | | lottery is in violation of this subsection (h), it may | 3 | | administer the lottery directly. After a lottery, each student | 4 | | randomly selected for admission to the charter school must be | 5 | | notified. Charter schools may not create an admissions process | 6 | | subsequent to a lottery that may operate as a barrier to | 7 | | registration or enrollment. | 8 | | Charter schools may undertake additional intake | 9 | | activities, including without limitation student essays, | 10 | | school-parent compacts, or open houses, but in no event may a | 11 | | charter school require participation in these activities as a | 12 | | condition of enrollment. A charter school must submit an | 13 | | updated waitlist to the authorizer on a quarterly basis. A | 14 | | waitlist must be submitted to the authorizer at the same time | 15 | | as quarterly financial statements, if quarterly financial | 16 | | statements are required by the authorizer. | 17 | | Dual enrollment at both a
charter school and a public | 18 | | school or non-public school shall not be allowed.
A pupil who | 19 | | is suspended or expelled from a charter school shall be deemed | 20 | | to
be suspended or expelled from the public schools of the | 21 | | school district in
which the pupil resides. Notwithstanding | 22 | | anything to the contrary in this subsection (h): | 23 | | (1) any charter school with a mission exclusive to | 24 | | educating high school dropouts may grant priority | 25 | | admission to students who are high school dropouts and/or | 26 | | students 16 or 15 years old at risk of dropping out and any |
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| 1 | | charter school with a mission exclusive to educating | 2 | | students from low-performing or overcrowded schools may | 3 | | restrict admission to students who are from low-performing | 4 | | or overcrowded schools; "priority admission" for charter | 5 | | schools exclusively devoted to re-enrolled dropouts or | 6 | | students at risk of dropping out means a minimum of 90% of | 7 | | students enrolled shall be high school dropouts; and
| 8 | | (2) any charter school located in a school district | 9 | | that contains all or part of a federal military base may | 10 | | set aside up to 33% of its current charter enrollment to | 11 | | students with parents assigned to the federal military | 12 | | base, with the remaining 67% subject to the general | 13 | | enrollment and lottery requirements of subsection (d) of | 14 | | this Section and this subsection (h); if a student with a | 15 | | parent assigned to the federal military base withdraws from | 16 | | the charter school during the course of a school year for | 17 | | reasons other than grade promotion, those students with | 18 | | parents assigned to the federal military base shall have | 19 | | preference in filling the vacancy. | 20 | | (i) (Blank).
| 21 | | (j) Notwithstanding any other provision of law to the | 22 | | contrary, a
school district in a city having a population | 23 | | exceeding 500,000 shall not
have a duty to collectively bargain | 24 | | with an exclusive representative of its
employees over | 25 | | decisions to grant or deny a charter school proposal
under | 26 | | Section 27A-8 of this Code, decisions to renew or revoke a |
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| 1 | | charter
under Section 27A-9 of this Code, and the impact of | 2 | | these decisions,
provided that nothing in this Section shall | 3 | | have the effect of negating,
abrogating, replacing, reducing, | 4 | | diminishing, or limiting in any way
employee rights, | 5 | | guarantees, or privileges granted in Sections 2, 3, 7, 8,
10, | 6 | | 14, and 15 of the Illinois Educational Labor Relations Act.
| 7 | | (k) In this Section: | 8 | | "Low-performing school" means a public school in a school | 9 | | district organized under Article 34 of this Code that enrolls | 10 | | students in any of grades kindergarten through 8 and that is | 11 | | ranked within the lowest 10% of schools in that district in | 12 | | terms of the percentage of students meeting or exceeding | 13 | | standards on the Illinois Standards Achievement Test. | 14 | | "Overcrowded school" means a public school in a school | 15 | | district organized under Article 34 of this Code that (i) | 16 | | enrolls students in any of grades kindergarten through 8, (ii) | 17 | | has a percentage of low-income students of 70% or more, as | 18 | | identified in the most recently available School Report Card | 19 | | published by the State Board of Education, and (iii) is | 20 | | determined by the Chicago Board of Education to be in the most | 21 | | severely overcrowded 5% of schools in the district. On or | 22 | | before November 1 of each year, the Chicago Board of Education | 23 | | shall file a report with the State Board of Education on which | 24 | | schools in the district meet the definition of "overcrowded | 25 | | school". "Students at risk of dropping out" means students 16 | 26 | | or 15 years old in a public school in a district organized |
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| 1 | | under Article 34 of this Code that enrolls students in any | 2 | | grades 9-12 who have been absent at least 90 school attendance | 3 | | days of the previous 180 school attendance days. | 4 | | (l) For advertisements created after the effective date of | 5 | | this amendatory Act of the 98th General Assembly, any | 6 | | advertisement, including a radio, television, print, Internet, | 7 | | social media, or billboard advertisement, purchased by a school | 8 | | district or public school, including a charter school, with | 9 | | public funds must include a disclaimer stating that the | 10 | | advertisement was paid for using public funds. | 11 | | This disclaimer requirement does not extend to materials | 12 | | created by the charter school, including, but not limited to, a | 13 | | school website, informational pamphlets or leaflets, or | 14 | | clothing with affixed school logos. | 15 | | (Source: P.A. 97-151, eff. 1-1-12; 97-624, eff. 11-28-11; | 16 | | 97-813, eff. 7-13-12; 98-474, eff. 8-16-13.)
| 17 | | (105 ILCS 5/27A-5)
| 18 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 19 | | (a) A charter school shall be a public, nonsectarian, | 20 | | nonreligious, non-home
based, and non-profit school. A charter | 21 | | school shall be organized and operated
as a nonprofit | 22 | | corporation or other discrete, legal, nonprofit entity
| 23 | | authorized under the laws of the State of Illinois.
| 24 | | (b) A charter school may be established under this Article | 25 | | by creating a new
school or by converting an existing public |
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| 1 | | school or attendance center to
charter
school status.
Beginning | 2 | | on the effective date of this amendatory Act of the 93rd | 3 | | General
Assembly, in all new
applications submitted to the | 4 | | State Board or a local school board to establish
a charter
| 5 | | school in a city having a population exceeding 500,000, | 6 | | operation of the
charter
school shall be limited to one campus. | 7 | | The changes made to this Section by this
amendatory Act
of the | 8 | | 93rd General
Assembly do not apply to charter schools existing | 9 | | or approved on or before the
effective date of this
amendatory | 10 | | Act. | 11 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 12 | | the teaching of courses through online methods with online | 13 | | instructors, rather than the instructor and student being at | 14 | | the same physical location. "Virtual-schooling" includes | 15 | | without limitation instruction provided by full-time, online | 16 | | virtual schools. | 17 | | From April 1, 2013 through April 1, 2014, there is a | 18 | | moratorium on the establishment of charter schools with | 19 | | virtual-schooling components in school districts other than a | 20 | | school district organized under Article 34 of this Code. This | 21 | | moratorium does not apply to a charter school with | 22 | | virtual-schooling components existing or approved prior to | 23 | | April 1, 2013 or to the renewal of the charter of a charter | 24 | | school with virtual-schooling components already approved | 25 | | prior to April 1, 2013. | 26 | | On or before March 1, 2014, the Commission shall submit to |
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| 1 | | the General Assembly a report on the effect of | 2 | | virtual-schooling, including without limitation the effect on | 3 | | student performance, the costs associated with | 4 | | virtual-schooling, and issues with oversight. The report shall | 5 | | include policy recommendations for virtual-schooling.
| 6 | | (c) A charter school shall be administered and governed by | 7 | | its board of
directors or other governing body
in the manner | 8 | | provided in its charter. The governing body of a charter school
| 9 | | shall be subject to the Freedom of Information Act and the Open | 10 | | Meetings Act.
| 11 | | (d) A charter school shall comply with all applicable | 12 | | health and safety
requirements applicable to public schools | 13 | | under the laws of the State of
Illinois.
| 14 | | (e) Except as otherwise provided in the School Code, a | 15 | | charter school shall
not charge tuition; provided that a | 16 | | charter school may charge reasonable fees
for textbooks, | 17 | | instructional materials, and student activities.
| 18 | | (f) A charter school shall be responsible for the | 19 | | management and operation
of its fiscal affairs including,
but | 20 | | not limited to, the preparation of its budget. An audit of each | 21 | | charter
school's finances shall be conducted annually by an | 22 | | outside, independent
contractor retained by the charter | 23 | | school. To ensure financial accountability for the use of | 24 | | public funds, on or before December 1 of every year of | 25 | | operation, each charter school shall submit to its authorizer | 26 | | and Annually, by December 1, every charter school must submit |
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| 1 | | to the State Board a copy of its audit and a copy of the Form | 2 | | 990 the charter school filed that year with the federal | 3 | | Internal Revenue Service. In addition, if deemed necessary for | 4 | | proper financial oversight of the charter school, an authorizer | 5 | | may require quarterly financial statements from each charter | 6 | | school.
| 7 | | (g) A charter school shall comply with all provisions of | 8 | | this Article, the Illinois Educational Labor Relations Act, and
| 9 | | its charter. A charter
school is exempt from all other State | 10 | | laws and regulations in the School Code
governing public
| 11 | | schools and local school board policies, except the following:
| 12 | | (1) Sections 10-21.9 and 34-18.5 of the School Code | 13 | | regarding criminal
history records checks and checks of the | 14 | | Statewide Sex Offender Database and Statewide Murderer and | 15 | | Violent Offender Against Youth Database of applicants for | 16 | | employment;
| 17 | | (2) Sections 24-24 and 34-84A of the School Code | 18 | | regarding discipline of
students;
| 19 | | (3) The Local Governmental and Governmental Employees | 20 | | Tort Immunity Act;
| 21 | | (4) Section 108.75 of the General Not For Profit | 22 | | Corporation Act of 1986
regarding indemnification of | 23 | | officers, directors, employees, and agents;
| 24 | | (5) The Abused and Neglected Child Reporting Act;
| 25 | | (6) The Illinois School Student Records Act;
| 26 | | (7) Section 10-17a of the School Code regarding school |
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| 1 | | report cards; and
| 2 | | (8) The P-20 Longitudinal Education Data System Act. | 3 | | The change made by Public Act 96-104 to this subsection (g) | 4 | | is declaratory of existing law. | 5 | | (h) A charter school may negotiate and contract with a | 6 | | school district, the
governing body of a State college or | 7 | | university or public community college, or
any other public or | 8 | | for-profit or nonprofit private entity for: (i) the use
of a | 9 | | school building and grounds or any other real property or | 10 | | facilities that
the charter school desires to use or convert | 11 | | for use as a charter school site,
(ii) the operation and | 12 | | maintenance thereof, and
(iii) the provision of any service, | 13 | | activity, or undertaking that the charter
school is required to | 14 | | perform in order to carry out the terms of its charter.
| 15 | | However, a charter school
that is established on
or
after the | 16 | | effective date of this amendatory Act of the 93rd General
| 17 | | Assembly and that operates
in a city having a population | 18 | | exceeding
500,000 may not contract with a for-profit entity to
| 19 | | manage or operate the school during the period that commences | 20 | | on the
effective date of this amendatory Act of the 93rd | 21 | | General Assembly and
concludes at the end of the 2004-2005 | 22 | | school year.
Except as provided in subsection (i) of this | 23 | | Section, a school district may
charge a charter school | 24 | | reasonable rent for the use of the district's
buildings, | 25 | | grounds, and facilities. Any services for which a charter | 26 | | school
contracts
with a school district shall be provided by |
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| 1 | | the district at cost. Any services
for which a charter school | 2 | | contracts with a local school board or with the
governing body | 3 | | of a State college or university or public community college
| 4 | | shall be provided by the public entity at cost.
| 5 | | (i) In no event shall a charter school that is established | 6 | | by converting an
existing school or attendance center to | 7 | | charter school status be required to
pay rent for space
that is | 8 | | deemed available, as negotiated and provided in the charter | 9 | | agreement,
in school district
facilities. However, all other | 10 | | costs for the operation and maintenance of
school district | 11 | | facilities that are used by the charter school shall be subject
| 12 | | to negotiation between
the charter school and the local school | 13 | | board and shall be set forth in the
charter.
| 14 | | (j) A charter school may limit student enrollment by age or | 15 | | grade level.
| 16 | | (k) If the charter school is approved by the Commission, | 17 | | then the Commission charter school is its own local education | 18 | | agency. | 19 | | (Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; | 20 | | 97-813, eff. 7-13-12; 98-16, eff. 5-24-13.)
| 21 | | (105 ILCS 5/27A-10.5 new) | 22 | | Sec. 27A-10.5. Educational or charter management | 23 | | organization. | 24 | | (a) In this Section: | 25 | | "CMO" means a charter management organization. |
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| 1 | | "EMO" means an educational management organization. | 2 | | (b) All authorizers shall ensure that any charter school | 3 | | established on or after the effective date of this amendatory | 4 | | Act of the 98th General Assembly has a governing body that is | 5 | | separate and distinct from the governing body of any CMO or | 6 | | EMO. In reviewing charter applications and charter renewal | 7 | | applications, authorizers shall review the governance model | 8 | | proposed by the applicant to ensure that there are no conflicts | 9 | | of interest. | 10 | | (c) No charter school may employ a staff person who is | 11 | | simultaneously employed by an EMO or CMO. | 12 | | (105 ILCS 5/27A-10.10 new) | 13 | | Sec. 27A-10.10. Closure of charter school; unspent public | 14 | | funds; procedures for the disposition of property and assets. | 15 | | (a) Upon the closing of a charter school authorized by one | 16 | | or more local school boards, the governing body of the charter | 17 | | school or its designee shall refund to the chartering entity or | 18 | | entities all unspent public funds. The charter school's other | 19 | | property and assets shall be disposed of under the provisions | 20 | | of the charter application and contract. If the application and | 21 | | contract are silent or ambiguous as to the disposition of any | 22 | | of the school's property or assets, any property or assets of | 23 | | the charter school purchased with public funds shall be | 24 | | returned to the school district or districts from which the | 25 | | charter school draws enrollment, at no cost to the receiving |
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| 1 | | district or districts, subject to each district's acceptance of | 2 | | the property or asset. Any unspent public funds or other | 3 | | property or assets received by the charter school directly from | 4 | | any State or federal agency shall be refunded to or revert back | 5 | | to that State or federal agency, respectively. | 6 | | (b) Upon the closing of a charter school authorized by the | 7 | | Commission, the governing body of the charter school or its | 8 | | designee shall refund all unspent public funds to the State | 9 | | Board of Education. The charter school's other property and | 10 | | assets shall be disposed of under the provisions of the charter | 11 | | application and contract. If the application and contract are | 12 | | silent or ambiguous as to the disposition of any of the | 13 | | school's property or assets, any property or assets of the | 14 | | charter school purchased with public funds shall be returned to | 15 | | the school district or districts from which the charter school | 16 | | draws its enrollment, at no cost to the receiving district or | 17 | | districts, subject to each district's acceptance of the | 18 | | property or asset. Any unspent public funds or other property | 19 | | or assets provided by a State agency other than the State Board | 20 | | of Education or by a federal agency shall be refunded to or | 21 | | revert back to that State or federal agency, respectively. ".
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