Rep. Jerry L. Mitchell
Filed: 4/24/2007
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1 | AMENDMENT TO HOUSE BILL 3361
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2 | AMENDMENT NO. ______. Amend House Bill 3361 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing Section | ||||||
5 | 27A-4 as follows:
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6 | (105 ILCS 5/27A-4)
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7 | Sec. 27A-4. General Provisions.
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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
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13 | disability, race, creed, color, gender, national origin, | ||||||
14 | religion, ancestry,
marital status, or need for special | ||||||
15 | education services.
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16 | (b) The total number of charter schools operating under |
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1 | this Article at any
one time shall not exceed 60. Not more than | ||||||
2 | 30 charter
schools
shall operate at any one time in any city | ||||||
3 | having a population exceeding
500,000; not more than 15
charter | ||||||
4 | schools shall operate at any one time in the counties of | ||||||
5 | DuPage, Kane,
Lake, McHenry, Will, and that portion of Cook | ||||||
6 | County that is located outside a
city having a population | ||||||
7 | exceeding 500,000, with not more than one
charter school that | ||||||
8 | has been initiated by a board of education, or
by an | ||||||
9 | intergovernmental agreement between or among boards of | ||||||
10 | education,
operating at any one time in the school district | ||||||
11 | where the charter school is
located; and not more than 15 | ||||||
12 | charter
schools shall operate at any one time in the remainder | ||||||
13 | of the State, with not
more than one charter school that
has | ||||||
14 | been initiated by a board of education, or
by an | ||||||
15 | intergovernmental agreement between or among boards of | ||||||
16 | education,
operating at any one
time in the school district | ||||||
17 | where the charter school is located. The following provisions | ||||||
18 | apply notwithstanding the other provisions of this subsection | ||||||
19 | (b): | ||||||
20 | (1) If 14 charter schools are operating at any one time | ||||||
21 | in the counties of DuPage, Kane, Lake, McHenry, Will, and | ||||||
22 | that portion of Cook County that is located outside a city | ||||||
23 | having a population exceeding 500,000, then one additional | ||||||
24 | charter school, which must be exclusively for truants or | ||||||
25 | dropouts, may operate in a city having a population | ||||||
26 | exceeding 500,000, and the limit on the number of charter |
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1 | schools that may operate at any one time in the counties of | ||||||
2 | DuPage, Kane, Lake, McHenry, Will, and that portion of Cook | ||||||
3 | County that is located outside a city having a population | ||||||
4 | exceeding 500,000 shall be reduced to 14 if an additional | ||||||
5 | charter school is established in a city having a population | ||||||
6 | exceeding 500,000 under the authority of this paragraph | ||||||
7 | (1). | ||||||
8 | (2) If 13 charter schools are operating at any one time | ||||||
9 | in the counties of DuPage, Kane, Lake, McHenry, Will, and | ||||||
10 | that portion of Cook County that is located outside a city | ||||||
11 | having a population exceeding 500,000, then 2 additional | ||||||
12 | charter schools, which must be exclusively for truants or | ||||||
13 | dropouts, may operate in a city having a population | ||||||
14 | exceeding 500,000, and the limit on the number of charter | ||||||
15 | schools that may operate at any one time in the counties of | ||||||
16 | DuPage, Kane, Lake, McHenry, Will, and that portion of Cook | ||||||
17 | County that is located outside a city having a population | ||||||
18 | exceeding 500,000 shall be reduced by the number of | ||||||
19 | additional charter schools established in a city having a | ||||||
20 | population exceeding 500,000 under the authority of this | ||||||
21 | paragraph (2). | ||||||
22 | (3) If 12 or fewer charter schools are operating at any | ||||||
23 | one time in the counties of DuPage, Kane, Lake, McHenry, | ||||||
24 | Will, and that portion of Cook County that is located | ||||||
25 | outside a city having a population exceeding 500,000, then | ||||||
26 | 3 additional charter schools, which must be exclusively for |
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1 | truants or dropouts, may operate in a city having a | ||||||
2 | population exceeding 500,000, and the limit on the number | ||||||
3 | of charter schools that may operate at any one time in the | ||||||
4 | counties of DuPage, Kane, Lake, McHenry, Will, and that | ||||||
5 | portion of Cook County that is located outside a city | ||||||
6 | having a population exceeding 500,000 shall be reduced by | ||||||
7 | the number of additional charter schools established in a | ||||||
8 | city having a population exceeding 500,000 under the | ||||||
9 | authority of this paragraph (3). | ||||||
10 | (4) If 14 charter schools are operating at any one time | ||||||
11 | in that part of the State outside of the counties of | ||||||
12 | DuPage, Kane, Lake, McHenry, Will, and Cook County, then | ||||||
13 | one additional charter school, which must be exclusively | ||||||
14 | for truants or dropouts, may operate in a city having a | ||||||
15 | population exceeding 500,000, and the limit on the number | ||||||
16 | of charter schools that may operate at any one time in that | ||||||
17 | part of the State outside of the counties of DuPage, Kane, | ||||||
18 | Lake, McHenry, Will, and Cook County shall be reduced to 14 | ||||||
19 | if an additional charter school is established in a city | ||||||
20 | having a population exceeding 500,000 under the authority | ||||||
21 | of this paragraph (4). | ||||||
22 | (5) If 13 or fewer charter schools are operating at any | ||||||
23 | one time in that part of the State outside of the counties | ||||||
24 | of DuPage, Kane, Lake, McHenry, Will, and Cook County, then | ||||||
25 | 2 additional charter schools, which must be exclusively for | ||||||
26 | truants or dropouts, may operate in a city having a |
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1 | population exceeding 500,000, and the limit on the number | ||||||
2 | of charter schools that may operate at any one time in that | ||||||
3 | part of the State outside of the counties of DuPage, Kane, | ||||||
4 | Lake, McHenry, Will, and Cook County shall be reduced by | ||||||
5 | the number of additional charter schools established in a | ||||||
6 | city having a population exceeding 500,000 under the | ||||||
7 | authority of this paragraph (5).
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8 | For purposes of implementing this Section, the State Board | ||||||
9 | shall assign a
number to each charter submission it receives | ||||||
10 | under Section 27A-6 for its
review and certification, based on | ||||||
11 | the chronological order in which the
submission is received by | ||||||
12 | it. The State Board shall promptly notify local
school boards | ||||||
13 | when the maximum numbers of certified charter schools | ||||||
14 | authorized
to operate have been reached.
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15 | (c) No charter shall be granted under this Article that | ||||||
16 | would convert any
existing private, parochial, or non-public | ||||||
17 | school to a charter school.
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18 | (d) Enrollment in a charter school shall be open to any | ||||||
19 | pupil who resides
within the geographic boundaries of the area | ||||||
20 | served by the local school board, provided that the board of | ||||||
21 | education in a city having a population exceeding 500,000 may | ||||||
22 | designate attendance boundaries for no more than one-third of | ||||||
23 | the charter schools permitted in the city if the board of | ||||||
24 | education determines that attendance boundaries are needed to | ||||||
25 | relieve overcrowding or to better serve low-income and at-risk | ||||||
26 | students. Students residing within an attendance boundary may |
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1 | be given priority for enrollment, but must not be required to | ||||||
2 | attend the charter school.
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3 | (e) Nothing in this Article shall prevent 2 or more local | ||||||
4 | school boards from
jointly
issuing a charter to a single shared | ||||||
5 | charter school, provided that all of the
provisions of this | ||||||
6 | Article are met as to those local school boards.
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7 | (f) No local school board shall require any employee of the | ||||||
8 | school district
to be employed in a charter school.
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9 | (g) No local school board shall require any pupil residing | ||||||
10 | within the
geographic boundary of its district to enroll in a | ||||||
11 | charter school.
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12 | (h) If there are more eligible applicants for enrollment in | ||||||
13 | a charter school
than there are spaces available, successful | ||||||
14 | applicants shall be selected by
lottery. However, priority | ||||||
15 | shall be given to siblings of pupils enrolled in
the charter | ||||||
16 | school and to pupils who were enrolled in the charter school | ||||||
17 | the
previous school year, unless expelled for cause, and | ||||||
18 | priority may be given to pupils residing within the charter | ||||||
19 | school's attendance boundary, if a boundary has been designated | ||||||
20 | by the board of education in a city having a population | ||||||
21 | exceeding 500,000. Dual enrollment at both a
charter school and | ||||||
22 | a public school or non-public school shall not be allowed.
A | ||||||
23 | pupil who is suspended or expelled from a charter school shall | ||||||
24 | be deemed to
be suspended or expelled from the public schools | ||||||
25 | of the school district in
which the pupil resides.
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26 | (i) (Blank).
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1 | (j) Notwithstanding any other provision of law to the | ||||||
2 | contrary, a
school district in a city having a population | ||||||
3 | exceeding 500,000 shall not
have a duty to collectively bargain | ||||||
4 | with an exclusive representative of its
employees over | ||||||
5 | decisions to grant or deny a charter school proposal
under | ||||||
6 | Section 27A-8 of this Code, decisions to renew or revoke a | ||||||
7 | charter
under Section 27A-9 of this Code, and the impact of | ||||||
8 | these decisions,
provided that nothing in this Section shall | ||||||
9 | have the effect of negating,
abrogating, replacing, reducing, | ||||||
10 | diminishing, or limiting in any way
employee rights, | ||||||
11 | guarantees, or privileges granted in Sections 2, 3, 7, 8,
10, | ||||||
12 | 14, and 15 of the Illinois Educational Labor Relations Act.
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13 | (Source: P.A. 92-16, eff. 6-28-01; 93-3, eff. 4-16-03; 93-861, | ||||||
14 | eff. 1-1-05.)".
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