State of Illinois
91st General Assembly
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Public Act 91-0405

HB0230 Enrolled                                LRB9100464NTsb

    AN ACT to amend the  School  Code  by  changing  Sections
27A-4 and 27A-7.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.   The  School  Code  is  amended  by  changing
Sections 27A-4 and 27A-7 as follows:

    (105 ILCS 5/27A-4)
    Sec. 27A-4.  General Provisions.
    (a)  The  General  Assembly  does  not intend to alter or
amend the provisions of any court-ordered desegregation  plan
in effect for any school district.  A charter school shall be
subject  to  all  federal  and  State laws and constitutional
provisions  prohibiting  discrimination  on  the   basis   of
disability,  race,  creed,  color,  gender,  national origin,
religion, ancestry,  marital  status,  or  need  for  special
education services.
    (b)  The  total number of charter schools operating under
this Article at any one time shall not exceed 45.   Not  more
than that 15 charter schools shall operate at any one time in
any city having a population exceeding 500,000; not more than
15  charter  schools  shall  operate  at  any one time in the
counties of DuPage,  Kane,  Lake,  McHenry,  Will,  and  that
portion  of Cook County that is located outside a city having
a population  exceeding  500,000,  with  not  more  than  one
charter  school  that  has  been  initiated  by  a  board  of
education,  or  by  an intergovernmental agreement between or
among boards of education, operating at any one time  in  the
school  district where the charter school is located; and not
more than 15 charter schools shall operate at any one time in
the remainder of the State, with not more  than  one  charter
school that has been initiated by a board of education, or by
an  intergovernmental  agreement  between  or among boards of
education, operating at any one time in the  school  district
where the charter school is located.
    For  purposes  of  implementing  this  Section, the State
Board shall assign a number to  each  charter  submission  it
receives   under   Section   27A-6   for   its   review   and
certification,  based on the chronological order in which the
submission is received by it.  The State Board shall promptly
notify local  school  boards  when  the  maximum  numbers  of
certified  charter  schools  authorized  to operate have been
reached.
    (c)  No charter shall be granted under this Article  that
would  convert any existing private, parochial, or non-public
school to a charter school.
    (d)  Enrollment in a charter school shall be open to  any
pupil  who  resides  within  the geographic boundaries of the
area served by the local school board.  However, no more than
50% of the number of resident  pupils  enrolled  in  any  one
grade  in  a  school  district  with only a single attendance
center covering that grade  may  be  enrolled  in  a  charter
school at one time.
    (e)  Nothing  in  this  Article  shall  prevent 2 or more
local school boards from  jointly  issuing  a  charter  to  a
single  shared  charter  school,  provided  that  all  of the
provisions of this Article are met as to those  local  school
boards.
    (f)  No  local school board shall require any employee of
the school district to be employed in a charter school.
    (g)  No  local  school  board  shall  require  any  pupil
residing within the geographic boundary of  its  district  to
enroll in a charter school.
    (h)  If there are more eligible applicants for enrollment
in   a  charter  school  than  there  are  spaces  available,
successful applicants shall be selected by lottery.  However,
priority shall be given to siblings of pupils enrolled in the
charter school and to pupils who were enrolled in the charter
school the previous school year, unless expelled  for  cause.
Dual  enrollment at both a charter school and a public school
or non-public school shall not be allowed.  A  pupil  who  is
suspended  or  expelled from a charter school shall be deemed
to be suspended or expelled from the public  schools  of  the
school district in which the pupil resides.
    (i)  No charter school established under this Article may
be  authorized  to open prior to the school year beginning in
the fall of 1996.
(Source: P.A. 89-450, eff. 4-10-96; revised 2-24-98.)

    (105 ILCS 5/27A-7)
    Sec. 27A-7.  Charter submission.
    (a)  A proposal to establish a charter  school  shall  be
submitted  to  the  State Board and the local school board in
the form of a proposed  contract  entered  into  between  the
local  school  board  and  the  governing  body of a proposed
charter school.  The charter school proposal as submitted  to
the State Board shall include:
         (1)  The  name of the proposed charter school, which
    must include the words "Charter School".
         (2)  The age or grade range, areas of focus, minimum
    and maximum numbers of  pupils  to  be  enrolled  in  the
    charter  school,  and  any  other admission criteria that
    would be legal if used by a school district.
         (3)  A description of and address for  the  physical
    plant  in  which  the  charter  school  will  be located;
    provided that nothing in the Article shall be  deemed  to
    justify  delaying  or  withholding favorable action on or
    approval  of  a  charter  school  proposal  because   the
    building  or  buildings in which the charter school is to
    be located have not been acquired or rented at the time a
    charter school proposal is submitted  or  approved  or  a
    charter  school contract is entered into or submitted for
    certification or certified, so long as  the  proposal  or
    submission identifies and names at least 2 sites that are
    potentially available as a charter school facility by the
    time the charter school is to open.
         (4)  The  mission  statement  of the charter school,
    which must be  consistent  with  the  General  Assembly's
    declared  purposes; provided that nothing in this Article
    shall be construed to require that, in order  to  receive
    favorable  consideration  and  approval, a charter school
    proposal  demonstrate  unequivocally  that  the   charter
    school  will  be  able  to  meet  each  of those declared
    purposes, it being the intention of the  Charter  Schools
    Law  that  those  purposes  be  recognized  as goals that
    charter schools must aspire to attain.
         (5)  The goals, objectives,  and  pupil  performance
    standards to be achieved by the charter school.
         (6)  In  the  case  of  a  proposal  to  establish a
    charter school by converting an existing public school or
    attendance center to charter school status, evidence that
    the proposed formation of the charter school has received
    the  approval  of   certified   teachers,   parents   and
    guardians,  and, if applicable, a local school council as
    provided in subsection (b) of Section 27A-8.
         (7)  A   description   of   the   charter   school's
    educational   program,   pupil   performance   standards,
    curriculum,  school  year,  school  days,  and  hours  of
    operation.
         (8)  A description of the charter school's plan  for
    evaluating  pupil  performance,  the types of assessments
    that will be  used  to  measure  pupil  progress  towards
    achievement  of the school's pupil performance standards,
    the timeline for achievement of those standards, and  the
    procedures for taking corrective action in the event that
    pupil performance at the charter school falls below those
    standards.
         (9)  Evidence  that  the  terms  of  the  charter as
    proposed are economically  sound  for  both  the  charter
    school and the school district, a proposed budget for the
    term of the charter, a description of the manner in which
    an  annual  audit  of  the  financial  and administrative
    operations of the charter school, including any  services
    provided by the school district, are to be conducted, and
    a  plan  for  the  displacement  of pupils, teachers, and
    other employees who will not attend or be employed in the
    charter school.
         (10)  A description of the governance and  operation
    of the charter school, including the nature and extent of
    parental,    professional    educator,    and   community
    involvement  in  the  governance  and  operation  of  the
    charter school.
         (11)  An explanation of the relationship  that  will
    exist  between  the  charter  school  and  its employees,
    including evidence  that  the  terms  and  conditions  of
    employment  have  been  addressed with affected employees
    and their recognized representative, if any.  However,  a
    bargaining  unit  of  charter  school  employees shall be
    separate and distinct from any  bargaining  units  formed
    from  employees of a school district in which the charter
    school is located.
         (12)  An agreement  between  the  parties  regarding
    their respective legal liability and applicable insurance
    coverage.
         (13)  A  description of how the charter school plans
    to meet the transportation needs of its  pupils,   and  a
    plan   for   addressing   the   transportation  needs  of
    low-income and at-risk pupils.
         (14)  The proposed effective date and  term  of  the
    charter;  provided  that  the  first  day  of  the  first
    academic  year and the first day of the fiscal year shall
    be no earlier than August 15 and no later than  September
    15 of a calendar year.
         (15)  Any  other  information reasonably required by
    the State Board of Education.
    (b)  A proposal to establish  a  charter  school  may  be
initiated  by  individuals  or  organizations  that will have
majority representation on the board of  directors  or  other
governing  body  of  the  corporation or other discrete legal
entity that is to be  established  to  operate  the  proposed
charter   school,   by   a   board   of   education   or   an
intergovernmental   agreement  between  or  among  boards  of
education, or by the board of directors  or  other  governing
body   of   a  discrete  legal  entity  already  existing  or
established to operate  the  proposed  charter  school.   The
individuals  or  organizations referred to in this subsection
may be school teachers, school administrators,  local  school
councils,  colleges or universities or their faculty members,
public community  colleges  or  their  instructors  or  other
representatives,  corporations,  or  other  entities or their
representatives.  The proposal  shall  be  submitted  to  the
local school board for consideration and, if appropriate, for
development  of  a  proposed  contract to be submitted to the
State Board  for certification under Section 27A-6.
    (c)  The local school board may not without  the  consent
of  the  governing  body  of the charter school condition its
approval of a charter school proposal  on  acceptance  of  an
agreement  to  operate  under  State laws and regulations and
local school board policies from which the charter school  is
otherwise exempted under this Article.
(Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98.)
    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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