Full Text of SB2793 98th General Assembly
SB2793ham002 98TH GENERAL ASSEMBLY | Rep. William Davis Filed: 5/23/2014
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| 1 | | AMENDMENT TO SENATE BILL 2793
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2793, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The School Code is amended by adding Section | 6 | | 2-3.160 and by changing Section 27A-5 as follows: | 7 | | (105 ILCS 5/2-3.160 new) | 8 | | Sec. 2-3.160. Student discipline report; school discipline | 9 | | improvement plan. | 10 | | (a) On or before October 31, 2015 and on or before October | 11 | | 31 of each subsequent year, the State Board of Education, | 12 | | through the State Superintendent of Education, shall prepare a | 13 | | report on student discipline in all school districts in this | 14 | | State, including State-authorized charter schools. This report | 15 | | shall include data from all public schools within school | 16 | | districts, including district-authorized charter schools. This |
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| 1 | | report must be posted on the Internet website of the State | 2 | | Board of Education. The report shall include data on the | 3 | | issuance of out-of-school suspensions, expulsions, and | 4 | | removals to alternative settings in lieu of another | 5 | | disciplinary action, disaggregated by race and ethnicity, | 6 | | gender, age, grade level, limited English proficiency, | 7 | | incident type, and discipline duration. | 8 | | (b) The State Board of Education shall analyze the data | 9 | | under subsection (a) of this Section on an annual basis and | 10 | | determine the top 20% of school districts for the following | 11 | | metrics: | 12 | | (1) Total number of out-of-school suspensions divided | 13 | | by the total district enrollment by October 1 for the year | 14 | | in which the data was collected, multiplied by 100. | 15 | | (2) Total number of out-of-school expulsions divided | 16 | | by the total district enrollment by October 1 for the year | 17 | | in which the data was collected, multiplied by 100. | 18 | | (3) Racial disproportionality, defined as the | 19 | | overrepresentation of students of color or white students | 20 | | in comparison to the total number of students of color or | 21 | | white students on October 1st of the school year in which | 22 | | data are collected, with respect to the use of | 23 | | out-of-school suspensions and expulsions, which must be | 24 | | calculated using the same method as the U.S. Department of | 25 | | Education's Office for Civil Rights uses. | 26 | | The analysis must be based on data collected over 3 |
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| 1 | | consecutive school years, beginning with the 2014-2015 school | 2 | | year. | 3 | | Beginning with the 2017-2018 school year, the State Board | 4 | | of Education shall require each of the school districts that | 5 | | are identified in the top 20% of any of the metrics described | 6 | | in this subsection (b) for 3 consecutive years to submit a plan | 7 | | identifying the strategies the school district will implement | 8 | | to reduce the use of exclusionary disciplinary practices or | 9 | | racial disproportionality or both, if applicable. School | 10 | | districts that no longer meet the criteria described in any of | 11 | | the metrics described in this subsection (b) for 3 consecutive | 12 | | years shall no longer be required to submit a plan. | 13 | | This plan may be combined with any other improvement plans | 14 | | required under federal or State law. | 15 | | The calculation of the top 20% of any of the metrics | 16 | | described in this subsection (b) shall exclude all school | 17 | | districts, State-authorized charter schools, and special | 18 | | charter districts that issued fewer than a total of 10 | 19 | | out-of-school suspensions or expulsions, whichever is | 20 | | applicable, during the school year. The calculation of the top | 21 | | 20% of metric described in subdivision (3) of this subsection | 22 | | (b) shall exclude all school districts with an enrollment of | 23 | | fewer than 50 white students or fewer than 50 students of | 24 | | color. | 25 | | The plan must be approved at a public school board meeting | 26 | | and posted on the school district's Internet website. Within |
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| 1 | | one year after being identified, the school district shall | 2 | | submit to the State Board of Education and post on the | 3 | | district's Internet website a progress report describing the | 4 | | implementation of the plan and the results achieved.
| 5 | | (105 ILCS 5/27A-5)
| 6 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 7 | | (a) A charter school shall be a public, nonsectarian, | 8 | | nonreligious, non-home
based, and non-profit school. A charter | 9 | | school shall be organized and operated
as a nonprofit | 10 | | corporation or other discrete, legal, nonprofit entity
| 11 | | authorized under the laws of the State of Illinois.
| 12 | | (b) A charter school may be established under this Article | 13 | | by creating a new
school or by converting an existing public | 14 | | school or attendance center to
charter
school status.
Beginning | 15 | | on the effective date of this amendatory Act of the 93rd | 16 | | General
Assembly, in all new
applications submitted to the | 17 | | State Board or a local school board to establish
a charter
| 18 | | school in a city having a population exceeding 500,000, | 19 | | operation of the
charter
school shall be limited to one campus. | 20 | | The changes made to this Section by this
amendatory Act
of the | 21 | | 93rd General
Assembly do not apply to charter schools existing | 22 | | or approved on or before the
effective date of this
amendatory | 23 | | Act. | 24 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 25 | | the teaching of courses through online methods with online |
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| 1 | | instructors, rather than the instructor and student being at | 2 | | the same physical location. "Virtual-schooling" includes | 3 | | without limitation instruction provided by full-time, online | 4 | | virtual schools. | 5 | | From April 1, 2013 through April 1, 2014, there is a | 6 | | moratorium on the establishment of charter schools with | 7 | | virtual-schooling components in school districts other than a | 8 | | school district organized under Article 34 of this Code. This | 9 | | moratorium does not apply to a charter school with | 10 | | virtual-schooling components existing or approved prior to | 11 | | April 1, 2013 or to the renewal of the charter of a charter | 12 | | school with virtual-schooling components already approved | 13 | | prior to April 1, 2013. | 14 | | On or before March 1, 2014, the Commission shall submit to | 15 | | the General Assembly a report on the effect of | 16 | | virtual-schooling, including without limitation the effect on | 17 | | student performance, the costs associated with | 18 | | virtual-schooling, and issues with oversight. The report shall | 19 | | include policy recommendations for virtual-schooling.
| 20 | | (c) A charter school shall be administered and governed by | 21 | | its board of
directors or other governing body
in the manner | 22 | | provided in its charter. The governing body of a charter school
| 23 | | shall be subject to the Freedom of Information Act and the Open | 24 | | Meetings Act.
| 25 | | (d) A charter school shall comply with all applicable | 26 | | health and safety
requirements applicable to public schools |
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| 1 | | under the laws of the State of
Illinois.
| 2 | | (e) Except as otherwise provided in the School Code, a | 3 | | charter school shall
not charge tuition; provided that a | 4 | | charter school may charge reasonable fees
for textbooks, | 5 | | instructional materials, and student activities.
| 6 | | (f) A charter school shall be responsible for the | 7 | | management and operation
of its fiscal affairs including,
but | 8 | | not limited to, the preparation of its budget. An audit of each | 9 | | charter
school's finances shall be conducted annually by an | 10 | | outside, independent
contractor retained by the charter | 11 | | school. Annually, by December 1, every charter school must | 12 | | submit to the State Board a copy of its audit and a copy of the | 13 | | Form 990 the charter school filed that year with the federal | 14 | | Internal Revenue Service.
| 15 | | (g) A charter school shall comply with all provisions of | 16 | | this Article, the Illinois Educational Labor Relations Act, and
| 17 | | its charter. A charter
school is exempt from all other State | 18 | | laws and regulations in the School Code
governing public
| 19 | | schools and local school board policies, except the following:
| 20 | | (1) Sections 10-21.9 and 34-18.5 of the School Code | 21 | | regarding criminal
history records checks and checks of the | 22 | | Statewide Sex Offender Database and Statewide Murderer and | 23 | | Violent Offender Against Youth Database of applicants for | 24 | | employment;
| 25 | | (2) Sections 24-24 and 34-84A of the School Code | 26 | | regarding discipline of
students;
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| 1 | | (3) The Local Governmental and Governmental Employees | 2 | | Tort Immunity Act;
| 3 | | (4) Section 108.75 of the General Not For Profit | 4 | | Corporation Act of 1986
regarding indemnification of | 5 | | officers, directors, employees, and agents;
| 6 | | (5) The Abused and Neglected Child Reporting Act;
| 7 | | (6) The Illinois School Student Records Act;
| 8 | | (7) Section 10-17a of the School Code regarding school | 9 | | report cards; and
| 10 | | (8) The P-20 Longitudinal Education Data System Act ; | 11 | | and . | 12 | | (9) Section 2-3.160 of the School Code regarding | 13 | | student discipline reporting. | 14 | | The change made by Public Act 96-104 to this subsection (g) | 15 | | is declaratory of existing law. | 16 | | (h) A charter school may negotiate and contract with a | 17 | | school district, the
governing body of a State college or | 18 | | university or public community college, or
any other public or | 19 | | for-profit or nonprofit private entity for: (i) the use
of a | 20 | | school building and grounds or any other real property or | 21 | | facilities that
the charter school desires to use or convert | 22 | | for use as a charter school site,
(ii) the operation and | 23 | | maintenance thereof, and
(iii) the provision of any service, | 24 | | activity, or undertaking that the charter
school is required to | 25 | | perform in order to carry out the terms of its charter.
| 26 | | However, a charter school
that is established on
or
after the |
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| 1 | | effective date of this amendatory Act of the 93rd General
| 2 | | Assembly and that operates
in a city having a population | 3 | | exceeding
500,000 may not contract with a for-profit entity to
| 4 | | manage or operate the school during the period that commences | 5 | | on the
effective date of this amendatory Act of the 93rd | 6 | | General Assembly and
concludes at the end of the 2004-2005 | 7 | | school year.
Except as provided in subsection (i) of this | 8 | | Section, a school district may
charge a charter school | 9 | | reasonable rent for the use of the district's
buildings, | 10 | | grounds, and facilities. Any services for which a charter | 11 | | school
contracts
with a school district shall be provided by | 12 | | the district at cost. Any services
for which a charter school | 13 | | contracts with a local school board or with the
governing body | 14 | | of a State college or university or public community college
| 15 | | shall be provided by the public entity at cost.
| 16 | | (i) In no event shall a charter school that is established | 17 | | by converting an
existing school or attendance center to | 18 | | charter school status be required to
pay rent for space
that is | 19 | | deemed available, as negotiated and provided in the charter | 20 | | agreement,
in school district
facilities. However, all other | 21 | | costs for the operation and maintenance of
school district | 22 | | facilities that are used by the charter school shall be subject
| 23 | | to negotiation between
the charter school and the local school | 24 | | board and shall be set forth in the
charter.
| 25 | | (j) A charter school may limit student enrollment by age or | 26 | | grade level.
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| 1 | | (k) If the charter school is approved by the Commission, | 2 | | then the Commission charter school is its own local education | 3 | | agency. | 4 | | (Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; | 5 | | 97-813, eff. 7-13-12; 98-16, eff. 5-24-13.)
| 6 | | Section 99. Effective date. This Act takes effect July 1, | 7 | | 2014.".
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