Full Text of HB0401 096th General Assembly
HB0401 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0401
Introduced 2/3/2009, by Rep. Monique D. Davis SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/27A-10 |
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30 ILCS 805/8.33 new |
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Amends the Charter Schools Law of the School Code. Provides that a charter school may not employ an individual in an instructional position or any paraprofessionals or shool-related personnel who are not State-certified and highly qualified as defined in the federal No Child Left Behind Act of 2001. Amends the State Mandates Act to require implementation without reimbursement. Effective August 15, 2009.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB0401 |
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LRB096 03002 NHT 13016 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 27A-10 as follows:
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| (105 ILCS 5/27A-10)
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| Sec. 27A-10. Employees.
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| (a) A person shall be deemed to be employed by a charter | 9 |
| school unless a
collective bargaining agreement or the charter | 10 |
| school
contract otherwise provides.
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| (b) In all school districts, including special charter | 12 |
| districts and
districts located in
cities having a population | 13 |
| exceeding 500,000, the local school board shall
determine by | 14 |
| policy or by negotiated
agreement, if one exists, the | 15 |
| employment status of any school district
employees who are | 16 |
| employed by a charter school and who seek to return to
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| employment in the public
schools of the district. Each local | 18 |
| school board shall grant, for a period of
up to 5 years, a | 19 |
| leave of absence to those of its teachers who accept
employment | 20 |
| with a charter school. At the end of the authorized leave of
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| absence, the teacher must return to the school district or | 22 |
| resign; provided,
however, that if the teacher chooses to | 23 |
| return to the school district, the
teacher must be assigned to |
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HB0401 |
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LRB096 03002 NHT 13016 b |
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| a position which requires the teacher's
certification and legal | 2 |
| qualifications. The
contractual
continued service status and | 3 |
| retirement benefits of a
teacher of the district who is granted | 4 |
| a leave of absence to accept employment
with a charter school | 5 |
| shall not be affected by that leave of absence.
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| (c) Charter schools shall employ in instructional | 7 |
| positions, as defined in
the charter, individuals who are | 8 |
| certificated under Article 21 of this
Code or who possess the | 9 |
| following qualifications:
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| (i) graduated with a bachelor's degree from an | 11 |
| accredited institution of
higher learning;
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| (ii) been employed for a period of at least 5 years in | 13 |
| an area requiring
application of the individual's | 14 |
| education;
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| (iii) passed the tests of basic skills and subject | 16 |
| matter knowledge
required by Section 21-1a of the School | 17 |
| Code; and
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| (iv) demonstrate continuing evidence of professional | 19 |
| growth which shall
include, but not be limited to, | 20 |
| successful teaching experience, attendance at
professional | 21 |
| meetings, membership in professional organizations, | 22 |
| additional
credits earned at institutions of higher | 23 |
| learning, travel specifically for
educational purposes, | 24 |
| and reading of professional books and periodicals.
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| Charter schools employing individuals without | 26 |
| certification in
instructional positions shall provide such |
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HB0401 |
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LRB096 03002 NHT 13016 b |
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| mentoring, training, and staff
development for those | 2 |
| individuals as the charter schools determine necessary
for | 3 |
| satisfactory performance in the classroom. A charter school may | 4 |
| not employ an individual in an instructional position or any | 5 |
| paraprofessionals or school-related personnel who are not | 6 |
| State-certified and highly qualified as defined in the federal | 7 |
| No Child Left Behind Act of 2001.
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| Beginning with the 2006-2007 school year, at least 50% of | 9 |
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individuals
employed in instructional positions by a | 10 |
| charter school that is operating in a
city
having a population | 11 |
| exceeding 500,000 and that is
established on or after the | 12 |
| effective date of this amendatory Act of the
93rd General | 13 |
| Assembly shall hold teaching certificates issued under
Article | 14 |
| 21 of this Code.
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| Beginning with the 2006-2007 school year, at
least 75% of | 16 |
| the individuals employed in instructional positions by a
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| charter school that is operating in a city having a population | 18 |
| exceeding
500,000 and that is
established before the effective | 19 |
| date of this amendatory Act of
the 93rd General Assembly shall | 20 |
| hold teaching certificates issued under
Article 21 of this | 21 |
| Code.
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| Charter schools operating in a city having a population | 23 |
| exceeding 500,000 are
exempt from any annual cap on new
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| participants in an alternative certification program. The | 25 |
| second
and third phases of the alternative certification | 26 |
| program may
be conducted and completed at the charter school, |
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| and the
alternative teaching certificate is valid for 4 years | 2 |
| or the length
of the charter (or any extension of the charter), | 3 |
| whichever is longer.
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| Notwithstanding any other provisions of the School Code, | 5 |
| charter schools
may employ non-certificated staff in all other | 6 |
| positions.
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| (d) A teacher at a charter school may resign his or her | 8 |
| position only if
the teacher gives notice of resignation to the | 9 |
| charter school's governing body
at least 60 days before the end | 10 |
| of the school term, and the resignation must
take effect | 11 |
| immediately upon the end of the school term.
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| (Source: P.A. 93-3, eff. 4-16-03.)
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| Section 90. The State Mandates Act is amended by adding | 14 |
| Section 8.33 as follows: | 15 |
| (30 ILCS 805/8.33 new) | 16 |
| Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | 17 |
| of this Act, no reimbursement by the State is required for the | 18 |
| implementation of any mandate created by this amendatory Act of | 19 |
| the 96th General Assembly. | 20 |
| Section 99. Effective date. This Act takes effect August | 21 |
| 15, 2009. |
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