Elementary & Secondary Education Committee

Adopted in House Comm. on Mar 04, 2004

 

 


 

 


 
09300HB5562ham001 LRB093 16822 NHT 48012 a

1
AMENDMENT TO HOUSE BILL 5562

2     AMENDMENT NO. ______. Amend House Bill 5562 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The School Code is amended by changing Section
5 27A-4 as follows:
 
6     (105 ILCS 5/27A-4)
7     Sec. 27A-4. General Provisions.
8     (a) The General Assembly does not intend to alter or amend
9 the provisions of any court-ordered desegregation plan in
10 effect for any school district. A charter school shall be
11 subject to all federal and State laws and constitutional
12 provisions prohibiting discrimination on the basis of
13 disability, race, creed, color, gender, national origin,
14 religion, ancestry, marital status, or need for special
15 education services.
16     (b) The total number of charter schools operating under
17 this Article at any one time shall not exceed 60. Not more than
18 30 charter schools shall operate at any one time in any city
19 having a population exceeding 500,000; not more than 15 charter
20 schools shall operate at any one time in the counties of
21 DuPage, Kane, Lake, McHenry, Will, and that portion of Cook
22 County that is located outside a city having a population
23 exceeding 500,000, with not more than one charter school that
24 has been initiated by a board of education, or by an

 

 

09300HB5562ham001 - 2 - LRB093 16822 NHT 48012 a

1 intergovernmental agreement between or among boards of
2 education, operating at any one time in the school district
3 where the charter school is located; and not more than 15
4 charter schools shall operate at any one time in the remainder
5 of the State, with not more than one charter school that has
6 been initiated by a board of education, or by an
7 intergovernmental agreement between or among boards of
8 education, operating at any one time in the school district
9 where the charter school is located.
10     For purposes of implementing this Section, the State Board
11 shall assign a number to each charter submission it receives
12 under Section 27A-6 for its review and certification, based on
13 the chronological order in which the submission is received by
14 it. The State Board shall promptly notify local school boards
15 when the maximum numbers of certified charter schools
16 authorized to operate have been reached.
17     (c) No charter shall be granted under this Article that
18 would convert any existing private, parochial, or non-public
19 school to a charter school.
20     (d) Enrollment in a charter school shall be open to any
21 pupil who resides within the geographic boundaries of the area
22 served by the local school board, provided that the board of
23 education in a city having a population exceeding 500,000 may
24 designate attendance boundaries for no more than one-third of
25 the charter schools permitted in the city if the board of
26 education determines that attendance boundaries are needed to
27 relieve overcrowding or to better serve low-income and at-risk
28 students. Students residing within an attendance boundary may
29 be given priority for enrollment, but must not be required to
30 attend the charter school.
31     (e) Nothing in this Article shall prevent 2 or more local
32 school boards from jointly issuing a charter to a single shared
33 charter school, provided that all of the provisions of this
34 Article are met as to those local school boards.

 

 

09300HB5562ham001 - 3 - LRB093 16822 NHT 48012 a

1     (f) No local school board shall require any employee of the
2 school district to be employed in a charter school.
3     (g) No local school board shall require any pupil residing
4 within the geographic boundary of its district to enroll in a
5 charter school.
6     (h) If there are more eligible applicants for enrollment in
7 a charter school than there are spaces available, successful
8 applicants shall be selected by lottery. However, priority
9 shall be given to siblings of pupils enrolled in the charter
10 school and to pupils who were enrolled in the charter school
11 the previous school year, unless expelled for cause, and
12 priority may be given to pupils residing within the charter
13 school's attendance boundary, if a boundary has been designated
14 by the board of education in a city having a population
15 exceeding 500,000. Dual enrollment at both a charter school and
16 a public school or non-public school shall not be allowed. A
17 pupil who is suspended or expelled from a charter school shall
18 be deemed to be suspended or expelled from the public schools
19 of the school district in which the pupil resides.
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
27 charter under Section 27A-9 of this Code, and the impact of
28 these decisions, provided that nothing in this Section shall
29 have the effect of negating, abrogating, replacing, reducing,
30 diminishing, or limiting in any way employee rights,
31 guarantees, or privileges granted in Sections 2, 3, 7, 8, 10,
32 14, and 15 of the Illinois Educational Labor Relations Act.
33 (Source: P.A. 92-16, eff. 6-28-01; 93-3, eff. 4-16-03.)".