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91_HB1811
LRB9105134NTsb
1 AN ACT to amend the School Code.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing
5 Sections 13A-2.5, 13A-4, 13A-8, 27A-3, 27A-4, and 27A-11 and
6 adding Sections 13A-2.35 and 13A-15 as follows:
7 (105 ILCS 5/13A-2.5)
8 Sec. 13A-2.5. Disruptive student. "Disruptive student"
9 includes suspension or expulsion eligible students in any of
10 grades 6 through 12. Suspension or expulsion eligible
11 students are those students that have been found to be
12 eligible for suspension or expulsion through the discipline
13 process established by a school district. A student returned
14 to the community after incarceration by the Department of
15 Corrections and enrolled in a school district may be
16 designated as a disruptive student by a school district for a
17 period of up to 18 months from the date of release from
18 incarceration by the Department of Corrections.
19 (Source: P.A. 89-383, eff. 8-18-95.)
20 (105 ILCS 5/13A-2.35 new)
21 Sec. 13A-2.35. Charter Alternative School. "Charter
22 Alternative School" means a charter school organized under
23 Article 27A of this Code and in conformance with this
24 Article, whose charter has been approved by a local school
25 board organized under Article 33 of this Code.
26 (105 ILCS 5/13A-4)
27 Sec. 13A-4. Administrative transfers. A student (i) who
28 is determined to be subject to suspension or expulsion in the
29 manner provided by Section 10-22.6 (or, in the case of a
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1 student enrolled in the public schools of a school district
2 organized under Article 34, in accordance with the uniform
3 system of discipline established under Section 34-19) or (ii)
4 who has been returned to the community after incarceration by
5 the Department of Corrections and has been designated a
6 disruptive student, as defined in Section 13A-2.5, may be
7 immediately transferred to the alternative program. At the
8 earliest time following that transfer, appropriate personnel
9 from the sending school district or the Department of
10 Corrections and appropriate personnel of the alternative
11 program shall meet to develop an alternative education plan
12 for the student. The student's parent or guardian shall be
13 invited to this meeting. The student may be invited. The
14 alternative educational plan shall include, but not be
15 limited to all of the following:
16 (1) The duration of the plan, including a date
17 after which the student may be returned to the regular
18 educational program in the public schools of the
19 transferring district. If the parent or guardian of a
20 student who is scheduled to be returned to the regular
21 education program in the public schools of the district
22 files a written objection to the return with the
23 principal of the alternative school, the matter shall be
24 referred by the principal to the regional superintendent
25 of the educational service region in which the
26 alternative school program is located for a hearing.
27 Notice of the hearing shall be given by the regional
28 superintendent to the student's parent or guardian.
29 After the hearing, the regional superintendent may take
30 such action as he or she finds appropriate and in the
31 best interests of the student. The determination of the
32 regional superintendent shall be final.
33 (2) The specific academic and behavioral components
34 of the plan.
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1 (3) A method and time frame for reviewing the
2 student's progress.
3 Notwithstanding any other provision of this Article, if a
4 student for whom an individualized educational program has
5 been developed under Article 14 is transferred to an
6 alternative school program under this Article 13A, that
7 individualized educational program shall continue to apply to
8 that student following the transfer unless modified in
9 accordance with the provisions of Article 14.
10 (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
11 (105 ILCS 5/13A-8)
12 Sec. 13A-8. Funding.
13 (a) The State of Illinois shall provide funding for the
14 alternative school programs within each educational service
15 region, and within the Chicago public school system, and
16 within a Charter Alternative School by line item
17 appropriation made to the State Board of Education for that
18 purpose. This money, when appropriated, shall be provided to
19 the regional superintendent, and to the Chicago Board of
20 Education, and to the Charter Alternative School, who shall
21 establish a budget, including salaries, for their alternative
22 school programs. Each program shall receive funding in the
23 amount of $30,000 plus an amount based on the ratio of the
24 region's, or Chicago's, or the Charter Alternative School's
25 best 3 months' average daily attendance in grades
26 pre-kindergarten through 12 to the statewide totals of these
27 amounts. For purposes of this calculation, the best 3
28 months' average daily attendance for each region, or Chicago,
29 or the Charter Alternative School shall be calculated by
30 adding to the best 3 months' average daily attendance the
31 number of low-income students identified in the most recently
32 available federal census multiplied by one-half times the
33 percentage of the region's, or Chicago's, or the Charter
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1 Alternative School's low-income students to the State's total
2 low-income students. The State Board of Education shall
3 retain up to 1.1% of the appropriation to be used to provide
4 technical assistance, professional development, and
5 evaluations for the programs.
6 (a-5) Notwithstanding any other provisions of this
7 Section, for the 1998-1999 fiscal year, the total amount
8 distributed under subsection (a) for an alternative school
9 program shall be not less than the total amount that was
10 distributed under that subsection for that alternative school
11 program for the 1997-1998 fiscal year. If an alternative
12 school program is to receive a total distribution under
13 subsection (a) for the 1998-1999 fiscal year that is less
14 than the total distribution that the program received under
15 that subsection for the 1997-1998 fiscal year, that
16 alternative school program shall also receive, from a
17 separate appropriation made for purposes of this subsection
18 (a-5), a supplementary payment equal to the amount by which
19 its total distribution under subsection (a) for the 1997-1998
20 fiscal year exceeds the amount of the total distribution that
21 the alternative school program receives under that subsection
22 for the 1998-1999 fiscal year. If the amount appropriated for
23 supplementary payments to alternative school programs under
24 this subsection (a-5) is insufficient for that purpose, those
25 supplementary payments shall be prorated among the
26 alternative school programs entitled to receive those
27 supplementary payments according to the aggregate amount of
28 the appropriation made for purposes of this subsection (a-5).
29 (b) An alternative school program shall be entitled to
30 receive general State aid as calculated in subsection (K) of
31 Section 18-8.05 upon filing a claim as provided therein. Any
32 time that a student who is enrolled in an alternative school
33 program spends in work-based learning, community service, or
34 a similar alternative educational setting shall be included
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1 in determining the student's minimum number of clock hours of
2 daily school work that constitute a day of attendance for
3 purposes of calculating general State aid.
4 (c) An alternative school program may receive additional
5 funding from its school districts in such amount as may be
6 agreed upon by the parties and necessary to support the
7 program. In addition, an alternative school program is
8 authorized to accept and expend gifts, legacies, and grants,
9 including but not limited to federal grants, from any source
10 for purposes directly related to the conduct and operation of
11 the program.
12 (d) An alternative school program operated by a Charter
13 Alternative School may contract with any state, federal, or
14 local agency to provide services directly related to the
15 conduct and operation of the program.
16 (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96;
17 89-636, eff. 8-9-96; 90-14, eff. 7-1-97; 90-283, eff.
18 7-31-97; 90-802, eff. 12-15-98.)
19 (105 ILCS 5/13A-15 new)
20 Sec. 13A-15. Charter Alternative School; alternative
21 school program. Any Charter Alternative School as defined in
22 this Article shall qualify as an alternative school program
23 for all purposes of this Article. The regional
24 superintendent of schools, or a designee, shall be a member
25 of the governing body of any Charter Alternative School
26 authorized as the alternative school program for an
27 educational service region.
28 A Charter Alternative School authorized by this Section
29 shall be the sole alternative school program for an
30 educational service region, unless an additional alternative
31 school program is approved pursuant to subsection (e) of
32 Section 13A-3 of this Code.
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1 (105 ILCS 5/27A-3)
2 Sec. 27A-3. Definitions. For purposes of this Article:
3 "At-risk pupil" means a pupil who, because of physical,
4 emotional, socioeconomic, or cultural factors, is less likely
5 to succeed in a conventional educational environment.
6 "Charter Alternative School" means a charter school
7 organized under this Article and in conformance with Article
8 13A of this Code, whose charter has been approved by a local
9 school board organized under Article 33 of this Code.
10 "Local school board" means the duly elected or appointed
11 school board or board of education of a public school
12 district, including special charter districts and school
13 districts located in cities having a population of more than
14 500,000, organized under the laws of this State.
15 "State Board" means the State Board of Education.
16 (Source: P.A. 89-450, eff. 4-10-96.)
17 (105 ILCS 5/27A-4)
18 Sec. 27A-4. General Provisions.
19 (a) The General Assembly does not intend to alter or
20 amend the provisions of any court-ordered desegregation plan
21 in effect for any school district. A charter school shall be
22 subject to all federal and State laws and constitutional
23 provisions prohibiting discrimination on the basis of
24 disability, race, creed, color, gender, national origin,
25 religion, ancestry, marital status, or need for special
26 education services.
27 (b) The total number of charter schools operating under
28 this Article at any one time shall not exceed 45. Not more
29 than that 15 charter schools shall operate at any one time in
30 any city having a population exceeding 500,000; not more than
31 15 charter schools shall operate at any one time in the
32 counties of DuPage, Kane, Lake, McHenry, Will, and that
33 portion of Cook County that is located outside a city having
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1 a population exceeding 500,000; and not more than 15 charter
2 schools shall operate at any one time in the remainder of the
3 State.
4 For purposes of implementing this Section, the State
5 Board shall assign a number to each charter submission it
6 receives under Section 27A-6 for its review and
7 certification, based on the chronological order in which the
8 submission is received by it. The State Board shall promptly
9 notify local school boards when the maximum numbers of
10 certified charter schools authorized to operate have been
11 reached.
12 (c) No charter shall be granted under this Article that
13 would convert any existing private, parochial, or non-public
14 school to a charter school.
15 (d) Enrollment in a charter school, other than a Charter
16 Alternative School, shall be open to any pupil who resides
17 within the geographic boundaries of the area served by the
18 local school board. However, no more than 50% of the number
19 of resident pupils enrolled in any one grade in a school
20 district with only a single attendance center covering that
21 grade may be enrolled in a charter school at one time.
22 Enrollment in a Charter Alternative School shall be open to
23 any pupil who resides in the educational service region where
24 the Charter Alternative School is located.
25 (e) Nothing in this Article shall prevent 2 or more
26 local school boards from jointly issuing a charter to a
27 single shared charter school, provided that all of the
28 provisions of this Article are met as to those local school
29 boards.
30 (f) No local school board shall require any employee of
31 the school district to be employed in a charter school.
32 (g) No local school board shall require any pupil
33 residing within the geographic boundary of its district to
34 enroll in a charter school, except that a Charter Alternative
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1 School shall accept disruptive students by administrative
2 transfer as defined and provided in Article 13A of this Code,
3 who reside in the educational service region.
4 (h) If there are more eligible applicants for enrollment
5 in a charter school than there are spaces available,
6 successful applicants shall be selected by lottery. However,
7 priority shall be given to siblings of pupils enrolled in the
8 charter school and to pupils who were enrolled in the charter
9 school the previous school year, unless expelled for cause.
10 Dual enrollment at both a charter school and a public school
11 or non-public school shall not be allowed. A pupil who is
12 suspended or expelled from a charter school shall be deemed
13 to be suspended or expelled from the public schools of the
14 school district in which the pupil resides.
15 (i) No charter school established under this Article may
16 be authorized to open prior to the school year beginning in
17 the fall of 1996.
18 (Source: P.A. 89-450, eff. 4-10-96; revised 2-24-98.)
19 (105 ILCS 5/27A-11)
20 Sec. 27A-11. Financing.
21 (a) For purposes of the School Code, pupils enrolled in
22 a charter school shall be included in the pupil enrollment of
23 the school district within which the pupil resides, except
24 that students enrolled in a Charter Alternative School shall
25 be included in the pupil enrollment of the alternative school
26 program as provided in subsection (b) of Section 13A-8 of
27 this Code. Each charter school (i) shall determine the
28 school district in which each pupil who is enrolled in the
29 charter school resides, (ii) shall report the aggregate
30 number of pupils resident of a school district who are
31 enrolled in the charter school to the school district in
32 which those pupils reside, and (iii) shall maintain accurate
33 records of daily attendance that shall be deemed sufficient
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1 to file claims under Section 18-8 notwithstanding any other
2 requirements of that Section regarding hours of instruction
3 and teacher certification.
4 (b) As part of a charter school contract, the charter
5 school and the local school board shall agree on funding and
6 any services to be provided by the school district to the
7 charter school. Agreed funding that a charter school is to
8 receive from the local school board for a school year shall
9 be paid in equal quarterly installments with the payment of
10 the installment for the first quarter being made not later
11 than July 1, unless the charter establishes a different
12 payment schedule.
13 All services centrally or otherwise provided by the
14 school district including, but not limited to, food services,
15 custodial services, maintenance, curriculum, media services,
16 libraries, transportation, and warehousing shall be subject
17 to negotiation between a charter school and the local school
18 board and paid for out of the revenues negotiated pursuant to
19 this subsection (b); provided that the local school board
20 shall not attempt, by negotiation or otherwise, to obligate a
21 charter school to provide pupil transportation for pupils for
22 whom a district is not required to provide transportation
23 under the criteria set forth in subsection (a)(13) of Section
24 27A-7.
25 In no event shall the funding be less than 75% or more
26 than 125% of the school district's per capita student tuition
27 multiplied by the number of students residing in the district
28 who are enrolled in the charter school. However, a Charter
29 Alternative School shall not receive funding from local
30 school boards pursuant to this Section. Instead, a Charter
31 Alternative School may receive funding from participating
32 school districts as provided in subsection (c) of Section
33 13A-8 of this Code.
34 It is the intent of the General Assembly that funding and
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1 service agreements under this subsection (b) shall be neither
2 a financial incentive nor a financial disincentive to the
3 establishment of a charter school.
4 Fees collected from students enrolled at a charter school
5 shall be retained by the charter school.
6 (c) Notwithstanding subsection (b) of this Section, the
7 proportionate share of State and federal resources generated
8 by students with disabilities or staff serving them shall be
9 directed to charter schools enrolling those students by their
10 school districts or administrative units. The proportionate
11 share of moneys generated under other federal or State
12 categorical aid programs shall be directed to charter schools
13 serving students eligible for that aid.
14 (d)(1) The governing body of a charter school is
15 authorized to accept gifts, donations, or grants of any kind
16 made to the charter school and to expend or use gifts,
17 donations, or grants in accordance with the conditions
18 prescribed by the donor; however, a gift, donation, or grant
19 may not be accepted by the governing body if it is subject to
20 any condition contrary to applicable law or contrary to the
21 terms of the contract between the charter school and the
22 local school board. Charter schools shall be encouraged to
23 solicit and utilize community volunteer speakers and other
24 instructional resources when providing instruction on the
25 Holocaust and other historical events.
26 (2) From amounts appropriated to the State Board for
27 purposes of this subsection (d)(2), the State Board may make
28 loans to charter schools established under this Article to be
29 used by those schools to defer their start-up costs of
30 acquiring textbooks and laboratory and other equipment
31 required for student instruction. Any such loan shall be made
32 to a charter school at the inception of the term of its
33 charter, under terms established by the State Board, and
34 shall be repaid by the charter school over the term of its
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1 charter. A local school board is not responsible for the
2 repayment of the loan.
3 (e) No later than January 1, 1997, the State Board shall
4 issue a report to the General Assembly and the Governor
5 describing the charter schools certified under this Article,
6 their geographic locations, their areas of focus, and the
7 numbers of school children served by them.
8 (f) The State Board shall provide technical assistance
9 to persons and groups preparing or revising charter
10 applications.
11 (g) At the non-renewal or revocation of its charter,
12 each charter school shall refund to the local board of
13 education all unspent funds.
14 (h) A charter school is authorized to incur temporary,
15 short term debt to pay operating expenses in anticipation of
16 receipt of funds from the local school board.
17 (Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98;
18 90-757, eff. 8-14-98.)
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.