Full Text of HB0814 99th General Assembly
HB0814ham001 99TH GENERAL ASSEMBLY | Rep. Jaime M. Andrade, Jr. Filed: 5/19/2015
| | 09900HB0814ham001 | | LRB099 04634 SXM 35424 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 814
| 2 | | AMENDMENT NO. ______. Amend House Bill 814 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 27A-4 and 27A-6 as follows:
| 6 | | (105 ILCS 5/27A-4)
| 7 | | Sec. 27A-4. General provisions 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) At The total number of charter schools operating under |
| | | 09900HB0814ham001 | - 2 - | LRB099 04634 SXM 35424 a |
|
| 1 | | this Article at any
one time shall not exceed 120. Not more | 2 | | than 70 charter
schools
shall operate at any one time in any | 3 | | city having a population exceeding
500,000, with at least 5 | 4 | | charter schools devoted exclusively to students from | 5 | | low-performing or overcrowded schools shall operate. At | 6 | | operating at any one time in that city; and not more than 45
| 7 | | charter schools shall operate at any one time in the remainder | 8 | | of the State, with not
more than one charter school may be that
| 9 | | has been initiated by a board of education, or
by an | 10 | | intergovernmental agreement between or among boards of | 11 | | education,
operating at any one
time in the school district | 12 | | where the charter school is located. In addition to these | 13 | | charter schools, up to but no more than 5 charter schools | 14 | | devoted exclusively to re-enrolled high school dropouts and/or | 15 | | students 16 or 15 years old at risk of dropping out may operate | 16 | | at any one time in any city having a population exceeding | 17 | | 500,000. Notwithstanding any provision to the contrary in | 18 | | subsection (b) of Section 27A-5 of this Code, each such dropout | 19 | | charter may operate up to 15 campuses within the city. Any of | 20 | | these dropout charters may have a maximum of 1,875 enrollment | 21 | | seats, any one of the campuses of the dropout charter may have | 22 | | a maximum of 165 enrollment seats, and each campus of the | 23 | | dropout charter must be operated, through a contract or | 24 | | payroll, by the same legal entity as that for which the charter | 25 | | is approved and certified.
| 26 | | For purposes of implementing this Section, the State Board |
| | | 09900HB0814ham001 | - 3 - | LRB099 04634 SXM 35424 a |
|
| 1 | | shall assign a
number to each charter submission it receives | 2 | | under Section 27A-6 for its
review and certification, based on | 3 | | the chronological order in which the
submission is received by | 4 | | it. The State Board shall promptly notify local
school boards | 5 | | when the maximum numbers of certified charter schools | 6 | | authorized
to operate have been reached.
| 7 | | (c) No charter shall be granted under this Article that | 8 | | would convert any
existing private, parochial, or non-public | 9 | | school to a charter school.
| 10 | | (d) Enrollment in a charter school shall be open to any | 11 | | pupil who resides
within the geographic boundaries of the area | 12 | | served by the local school board, provided that the board of | 13 | | education in a city having a population exceeding 500,000 may | 14 | | designate attendance boundaries for no more than one-third of | 15 | | the charter schools permitted in the city if the board of | 16 | | education determines that attendance boundaries are needed to | 17 | | relieve overcrowding or to better serve low-income and at-risk | 18 | | students. Students residing within an attendance boundary may | 19 | | be given priority for enrollment, but must not be required to | 20 | | attend the charter school.
| 21 | | (e) Nothing in this Article shall prevent 2 or more local | 22 | | school boards from
jointly
issuing a charter to a single shared | 23 | | charter school, provided that all of the
provisions of this | 24 | | Article are met as to those local school boards.
| 25 | | (f) No local school board shall require any employee of the | 26 | | school district
to be employed in a charter school.
|
| | | 09900HB0814ham001 | - 4 - | LRB099 04634 SXM 35424 a |
|
| 1 | | (g) No local school board shall require any pupil residing | 2 | | within the
geographic boundary of its district to enroll in a | 3 | | charter school.
| 4 | | (h) If there are more eligible applicants for enrollment in | 5 | | a charter school
than there are spaces available, successful | 6 | | applicants shall be selected by
lottery. However, priority | 7 | | shall be given to siblings of pupils enrolled in
the charter | 8 | | school and to pupils who were enrolled in the charter school | 9 | | the
previous school year, unless expelled for cause, and | 10 | | priority may be given to pupils residing within the charter | 11 | | school's attendance boundary, if a boundary has been designated | 12 | | by the board of education in a city having a population | 13 | | exceeding 500,000. | 14 | | Beginning with student enrollment for the 2015-2016 school | 15 | | year, any lottery required under this subsection (h) must be | 16 | | administered and videotaped by the charter school. The | 17 | | authorizer or its designee must be allowed to be present or | 18 | | view the lottery in real time. The charter school must maintain | 19 | | a videotaped record of the lottery, including a time/date | 20 | | stamp. The charter school shall transmit copies of the | 21 | | videotape and all records relating to the lottery to the | 22 | | authorizer on or before September 1 of each year. | 23 | | Subject to the requirements for priority applicant groups | 24 | | set forth in paragraph (1) of this subsection (h), any lottery | 25 | | required under this subsection (h) must be administered in a | 26 | | way that provides each student an equal chance at admission. If |
| | | 09900HB0814ham001 | - 5 - | LRB099 04634 SXM 35424 a |
|
| 1 | | an authorizer makes a determination that a charter school's | 2 | | lottery is in violation of this subsection (h), it may | 3 | | administer the lottery directly. After a lottery, each student | 4 | | randomly selected for admission to the charter school must be | 5 | | notified. Charter schools may not create an admissions process | 6 | | subsequent to a lottery that may operate as a barrier to | 7 | | registration or enrollment. | 8 | | Charter schools may undertake additional intake | 9 | | activities, including without limitation student essays, | 10 | | school-parent compacts, or open houses, but in no event may a | 11 | | charter school require participation in these activities as a | 12 | | condition of enrollment. A charter school must submit an | 13 | | updated waitlist to the authorizer on a quarterly basis. A | 14 | | waitlist must be submitted to the authorizer at the same time | 15 | | as quarterly financial statements, if quarterly financial | 16 | | statements are required by the authorizer. | 17 | | Dual enrollment at both a
charter school and a public | 18 | | school or non-public school shall not be allowed.
A pupil who | 19 | | is suspended or expelled from a charter school shall be deemed | 20 | | to
be suspended or expelled from the public schools of the | 21 | | school district in
which the pupil resides. Notwithstanding | 22 | | anything to the contrary in this subsection (h): | 23 | | (1) any charter school with a mission exclusive to | 24 | | educating high school dropouts may grant priority | 25 | | admission to students who are high school dropouts and/or | 26 | | students 16 or 15 years old at risk of dropping out and any |
| | | 09900HB0814ham001 | - 6 - | LRB099 04634 SXM 35424 a |
|
| 1 | | charter school with a mission exclusive to educating | 2 | | students from low-performing or overcrowded schools may | 3 | | restrict admission to students who are from low-performing | 4 | | or overcrowded schools; "priority admission" for charter | 5 | | schools exclusively devoted to re-enrolled dropouts or | 6 | | students at risk of dropping out means a minimum of 90% of | 7 | | students enrolled shall be high school dropouts; and
| 8 | | (2) any charter school located in a school district | 9 | | that contains all or part of a federal military base may | 10 | | set aside up to 33% of its current charter enrollment to | 11 | | students with parents assigned to the federal military | 12 | | base, with the remaining 67% subject to the general | 13 | | enrollment and lottery requirements of subsection (d) of | 14 | | this Section and this subsection (h); if a student with a | 15 | | parent assigned to the federal military base withdraws from | 16 | | the charter school during the course of a school year for | 17 | | reasons other than grade promotion, those students with | 18 | | parents assigned to the federal military base shall have | 19 | | preference in filling the vacancy. | 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 |
| | | 09900HB0814ham001 | - 7 - | LRB099 04634 SXM 35424 a |
|
| 1 | | charter
under Section 27A-9 of this Code, and the impact of | 2 | | these decisions,
provided that nothing in this Section shall | 3 | | have the effect of negating,
abrogating, replacing, reducing, | 4 | | diminishing, or limiting in any way
employee rights, | 5 | | guarantees, or privileges granted in Sections 2, 3, 7, 8,
10, | 6 | | 14, and 15 of the Illinois Educational Labor Relations Act.
| 7 | | (k) In this Section: | 8 | | "Low-performing school" means a public school in a school | 9 | | district organized under Article 34 of this Code that enrolls | 10 | | students in any of grades kindergarten through 8 and that is | 11 | | ranked within the lowest 10% of schools in that district in | 12 | | terms of the percentage of students meeting or exceeding | 13 | | standards on the assessments required under Section 2-3.64a-5 | 14 | | of this Code. | 15 | | "Overcrowded school" means a public school in a school | 16 | | district organized under Article 34 of this Code that (i) | 17 | | enrolls students in any of grades kindergarten through 8, (ii) | 18 | | has a percentage of low-income students of 70% or more, as | 19 | | identified in the most recently available School Report Card | 20 | | published by the State Board of Education, and (iii) is | 21 | | determined by the Chicago Board of Education to be in the most | 22 | | severely overcrowded 5% of schools in the district. On or | 23 | | before November 1 of each year, the Chicago Board of Education | 24 | | shall file a report with the State Board of Education on which | 25 | | schools in the district meet the definition of "overcrowded | 26 | | school". "Students at risk of dropping out" means students 16 |
| | | 09900HB0814ham001 | - 8 - | LRB099 04634 SXM 35424 a |
|
| 1 | | or 15 years old in a public school in a district organized | 2 | | under Article 34 of this Code that enrolls students in any | 3 | | grades 9-12 who have been absent at least 90 school attendance | 4 | | days of the previous 180 school attendance days. | 5 | | (l) For advertisements created after January 1, 2015 ( the | 6 | | effective date of Public Act 98-783) this amendatory Act of the | 7 | | 98th General Assembly , any advertisement, including a radio, | 8 | | television, print, Internet, social media, or billboard | 9 | | advertisement, purchased by a school district or public school, | 10 | | including a charter school, with public funds must include a | 11 | | disclaimer stating that the advertisement was paid for using | 12 | | public funds. | 13 | | This disclaimer requirement does not extend to materials | 14 | | created by the charter school, including, but not limited to, a | 15 | | school website, informational pamphlets or leaflets, or | 16 | | clothing with affixed school logos. | 17 | | (Source: P.A. 97-151, eff. 1-1-12; 97-624, eff. 11-28-11; | 18 | | 97-813, eff. 7-13-12; 98-474, eff. 8-16-13; 98-783, eff. | 19 | | 1-1-15; 98-972, eff. 8-15-14; revised 10-1-14.)
| 20 | | (105 ILCS 5/27A-6)
| 21 | | Sec. 27A-6. Contract contents; applicability of laws and | 22 | | regulations.
| 23 | | (a) A certified charter shall constitute a binding contract | 24 | | and agreement
between
the charter school and a local school | 25 | | board under the terms of which the local
school board |
| | | 09900HB0814ham001 | - 9 - | LRB099 04634 SXM 35424 a |
|
| 1 | | authorizes the governing body of the charter school to operate | 2 | | the
charter
school on the terms specified in the contract.
| 3 | | (b) Notwithstanding any other provision of this Article, | 4 | | the certified
charter
may
not waive or release the charter | 5 | | school from the State goals, standards, and
assessments | 6 | | established pursuant to Section 2-3.64a-5 of this Code.
| 7 | | Beginning with the 2003-2004 school year, the certified charter | 8 | | for a charter
school operating in a city having a population | 9 | | exceeding 500,000 shall
require the charter school to | 10 | | administer any other nationally recognized
standardized tests | 11 | | to its students that the chartering entity administers to
other
| 12 | | students, and the results on such tests shall be included in | 13 | | the
chartering entity's assessment reports.
| 14 | | (c) Subject to the provisions of subsection (e), a material | 15 | | revision to a
previously certified contract or a renewal shall | 16 | | be made with
the approval of both the local school board and | 17 | | the governing body of the
charter school.
| 18 | | (c-5) The proposed contract shall include a provision on | 19 | | how both parties
will address minor violations of the contract.
| 20 | | (d) The proposed contract between the governing body of a | 21 | | proposed charter
school and the local school board as described | 22 | | in Section 27A-7 must be
submitted to and certified by the | 23 | | State Board before it can take effect. If
the State Board | 24 | | recommends that the proposed contract be modified for
| 25 | | consistency with this Article before it can be certified, the | 26 | | modifications
must be consented to by both the governing body |
| | | 09900HB0814ham001 | - 10 - | LRB099 04634 SXM 35424 a |
|
| 1 | | of
the charter school and the local school board, and | 2 | | resubmitted to the State
Board for its certification. If the | 3 | | proposed contract is resubmitted in a form
that is not | 4 | | consistent with this Article, the State
Board may refuse to | 5 | | certify the charter.
| 6 | | With respect The State Board shall assign a number to each | 7 | | submission or resubmission , the State Board in
chronological | 8 | | order of receipt, and shall determine whether the proposed
| 9 | | contract is consistent with the provisions of this Article. If | 10 | | the proposed
contract complies, the State Board shall so | 11 | | certify.
| 12 | | (e) No renewal of a previously certified contract is | 13 | | effective unless and until the State Board certifies that the | 14 | | renewal is consistent with the provisions of this Article. A | 15 | | material revision to a previously certified contract may go | 16 | | into effect immediately upon approval of both the local school | 17 | | board and the governing body of the charter school, unless | 18 | | either party requests in writing that the State Board certify | 19 | | that the material revision is consistent with the provisions of | 20 | | this Article. If such a request is made, the proposed material | 21 | | revision is not effective unless and until the State Board so | 22 | | certifies.
| 23 | | (Source: P.A. 98-972, eff. 8-15-14; 98-1048, eff. 8-25-14; | 24 | | revised 10-1-14.)".
|
|