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90_HB0559
105 ILCS 5/27A-7
105 ILCS 5/27A-10
Amends the Charter Schools Law in the School Code.
Replaces a provision requiring charter school employees to
have a separate bargaining unit with a provision that those
employees may either form a new bargaining unit or remain
part of an existing bargaining unit of employees of the
school district in which the charter school is located.
Provides that upon expiration of the leave of absence period
granted by a school board to a teacher who accepts employment
with a charter school, the teacher, if he or she elects
rather than resigning to return to the school district, must
return to a teaching position requiring certification or to
the position previously held by the teacher, unless the
teacher and the school board otherwise agree. Provides that
individuals employed in instructional positions by charter
schools shall, if they are not certified under a specified
Article of the School Code, be certified by an approved
alternative certification program established by law.
Effective immediately.
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1 AN ACT to amend the School Code by changing Sections
2 27A-7 and 27A-10.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 27A-7 and 27A-10 as follows:
7 (105 ILCS 5/27A-7)
8 Sec. 27A-7. Charter submission.
9 (a) A proposal to establish a charter school shall be
10 submitted to the State Board and the local school board in
11 the form of a proposed contract entered into between the
12 local school board and the governing body of a proposed
13 charter school. The charter school proposal as submitted to
14 the State Board shall include:
15 (1) The name of the proposed charter school, which
16 must include the words "Charter School".
17 (2) The age or grade range, areas of focus, minimum
18 and maximum numbers of pupils to be enrolled in the
19 charter school, and any other admission criteria that
20 would be legal if used by a school district.
21 (3) A description of and address for the physical
22 plant in which the charter school will be located.
23 (4) The mission statement of the charter school,
24 which must be consistent with the General Assembly's
25 declared purposes.
26 (5) The goals, objectives, and pupil performance
27 standards to be achieved by the charter school.
28 (6) In the case of a proposal to establish a
29 charter school by converting an existing public school or
30 attendance center to charter school status, evidence that
31 the proposed formation of the charter school has received
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1 the required approval from certified teachers, from
2 parents and guardians, and, if applicable, from a local
3 school council as provided in subsection (b) of Section
4 27A-8.
5 (7) A description of the charter school's
6 educational program, pupil performance standards,
7 curriculum, school year, school days, and hours of
8 operation.
9 (8) A description of the charter school's plan for
10 evaluating pupil performance, the types of assessments
11 that will be used to measure pupil progress towards
12 achievement of the school's pupil performance standards,
13 the timeline for achievement of those standards, and the
14 procedures for taking corrective action in the event that
15 pupil performance at the charter school falls below those
16 standards.
17 (9) Evidence that the terms of the charter as
18 proposed are economically sound for both the charter
19 school and the school district, a proposed budget for the
20 term of the charter, a description of the manner in which
21 an annual audit of the financial and administrative
22 operations of the charter school, including any services
23 provided by the school district, are to be conducted, and
24 a plan for the displacement of pupils, teachers, and
25 other employees who will not attend or be employed in the
26 charter school.
27 (10) A description of the governance and operation
28 of the charter school, including the nature and extent of
29 parental, professional educator, and community
30 involvement in the governance and operation of the
31 charter school.
32 (11) An explanation of the relationship that will
33 exist between the charter school and its employees,
34 including evidence that the terms and conditions of
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1 employment have been addressed with affected employees
2 and their recognized representative, if any. Employees
3 at a charter school may form a new bargaining unit or
4 remain a part of an existing bargaining unit previously
5 formed by employees of the school district in which the
6 charter school is located. However, a bargaining unit of
7 charter school employees shall be separate and distinct
8 from any bargaining units formed from employees of a
9 school district in which the charter school is located.
10 (12) An agreement between the parties regarding
11 their respective legal liability and applicable insurance
12 coverage.
13 (13) A description of how the charter school plans
14 to meet the transportation needs of its pupils, and a
15 plan for addressing the transportation needs of
16 low-income and at-risk pupils.
17 (14) The proposed effective date and term of the
18 charter; provided that the first day of the first
19 academic year and the first day of the fiscal year of the
20 charter school shall coincide with the first day of the
21 academic year and the first day of the fiscal year of the
22 local school district.
23 (15) Any other information reasonably required by
24 the State Board of Education.
25 (b) A proposal to establish a charter school may be
26 initiated by individuals or organizations that will have
27 majority representation on the board of directors or other
28 governing body of the corporation or other discrete legal
29 entity that is to be established to operate the proposed
30 charter school, or by the board of directors or other
31 governing body of a discrete legal entity already existing or
32 established to operate the proposed charter school. The
33 individuals or organizations referred to in this subsection
34 may be school teachers, school administrators, local school
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1 councils, colleges or universities or their faculty members,
2 public community colleges or their instructors or other
3 representatives, corporations, or other entities or their
4 representatives. The proposal shall be submitted to the
5 local school board for consideration and, if appropriate, for
6 development of a proposed contract to be submitted to the
7 State Board for certification under Section 27A-6.
8 (c) The local school board may not without the consent
9 of the governing body of the charter school condition its
10 approval of a charter school proposal on acceptance of an
11 agreement to operate under State laws and regulations and
12 local school board policies from which the charter school is
13 otherwise exempted under this Article.
14 (Source: P.A. 89-450, eff. 4-10-96.)
15 (105 ILCS 5/27A-10)
16 Sec. 27A-10. Employees.
17 (a) A person shall be deemed to be employed by a charter
18 school unless a collective bargaining agreement or the
19 charter school contract otherwise provides.
20 (b) In all school districts, including special charter
21 districts and districts located in cities having a population
22 exceeding 500,000, the local school board shall determine by
23 policy or by negotiated agreement, if one exists, the
24 employment status of any school district employees who are
25 employed by a charter school and who seek to return to
26 employment in the public schools of the district. Each local
27 school board shall grant, for a period of up to 5 years, a
28 leave of absence to those of its teachers who accept
29 employment with a charter school. At the end of the
30 authorized leave of absence, the teacher must return to the
31 school district or resign; provided, however, that if the
32 teacher chooses to return to the school district, the teacher
33 must be assigned to a teaching position which requires the
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1 teacher's certification or to the position previously held by
2 that teacher, unless the teacher and the school board
3 otherwise agree and legal qualifications. The contractual
4 continued service status and retirement benefits of a teacher
5 of the district who is granted a leave of absence to accept
6 employment with a charter school shall not be affected by
7 that leave of absence.
8 (c) Charter schools shall employ in instructional
9 positions, as defined in the charter, individuals who are
10 certificated under Article 21 of the School Code or who have
11 been certified by an approved alternative certification
12 program that has been established pursuant to law. possess
13 the following qualifications:
14 (i) graduated with a bachelor's degree from an
15 accredited institution of higher learning;
16 (ii) been employed for a period of at least 5 years
17 in an area requiring application of the individual's
18 education;
19 (iii) passed the tests of basic skills and subject
20 matter knowledge required by Section 21-1a of the School
21 Code; and
22 (iv) demonstrate continuing evidence of
23 professional growth which shall include, but not be
24 limited to, successful teaching experience, attendance at
25 professional meetings, membership in professional
26 organizations, additional credits earned at institutions
27 of higher learning, travel specifically for educational
28 purposes, and reading of professional books and
29 periodicals.
30 Charter schools employing individuals without
31 certification in instructional positions shall provide such
32 mentoring, training, and staff development for those
33 individuals as the charter schools determine necessary for
34 satisfactory performance in the classroom.
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1 Notwithstanding any other provisions of the School Code,
2 charter schools may employ non-certificated staff in all
3 other positions.
4 (d) A teacher at a charter school may resign his or her
5 position only if the teacher gives notice of resignation to
6 the charter school's governing body at least 60 days before
7 the end of the school term, and the resignation must take
8 effect immediately upon the end of the school term.
9 (Source: P.A. 89-450, eff. 4-10-96.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.