|
Public Act 097-0151
|
| HB2401 Enrolled | LRB097 07704 NHT 47815 b |
|
|
AN ACT concerning education.
|
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
|
Section 5. The School Code is amended by changing Section |
27A-4 as follows:
|
(105 ILCS 5/27A-4)
|
Sec. 27A-4. General Provisions.
|
(a) The General Assembly does not intend to alter or amend |
the provisions
of any court-ordered desegregation plan in |
effect for any school district. A
charter school shall be |
subject to all federal and State laws and
constitutional |
provisions prohibiting discrimination on the basis of
|
disability, race, creed, color, gender, national origin, |
religion, ancestry,
marital status, or need for special |
education services.
|
(b) The total number of charter schools operating under |
this Article at any
one time shall not exceed 120. Not more |
than 70 charter
schools
shall operate at any one time in any |
city having a population exceeding
500,000 and not more than 45
|
charter schools shall operate at any one time in the remainder |
of the State, with not
more than one charter school that
has |
been initiated by a board of education, or
by an |
intergovernmental agreement between or among boards of |
|
education,
operating at any one
time in the school district |
where the charter school is located. In addition to these |
charter schools, up to but no more than 5 charter schools |
devoted exclusively to re-enrolled high school dropouts may |
operate at any one time in any city having a population |
exceeding 500,000. Notwithstanding any provision to the |
contrary in subsection (b) of Section 27A-5 of this Code, each |
such dropout charter may operate up to 15 campuses within the |
city. Any of these dropout charters may have a maximum of 1,875 |
enrollment seats, any one of the campuses of the dropout |
charter may have a maximum of 165 enrollment seats, and each |
campus of the dropout charter must be operated, through a |
contract or payroll, by the same legal entity as that for which |
the charter is approved and certified.
|
For purposes of implementing this Section, the State Board |
shall assign a
number to each charter submission it receives |
under Section 27A-6 for its
review and certification, based on |
the chronological order in which the
submission is received by |
it. The State Board shall promptly notify local
school boards |
when the maximum numbers of certified charter schools |
authorized
to operate have been reached.
|
(c) No charter shall be granted under this Article that |
would convert any
existing private, parochial, or non-public |
school to a charter school.
|
(d) Enrollment in a charter school shall be open to any |
pupil who resides
within the geographic boundaries of the area |
|
served by the local school board, provided that the board of |
education in a city having a population exceeding 500,000 may |
designate attendance boundaries for no more than one-third of |
the charter schools permitted in the city if the board of |
education determines that attendance boundaries are needed to |
relieve overcrowding or to better serve low-income and at-risk |
students. Students residing within an attendance boundary may |
be given priority for enrollment, but must not be required to |
attend the charter school.
|
(e) Nothing in this Article shall prevent 2 or more local |
school boards from
jointly
issuing a charter to a single shared |
charter school, provided that all of the
provisions of this |
Article are met as to those local school boards.
|
(f) No local school board shall require any employee of the |
school district
to be employed in a charter school.
|
(g) No local school board shall require any pupil residing |
within the
geographic boundary of its district to enroll in a |
charter school.
|
(h) If there are more eligible applicants for enrollment in |
a charter school
than there are spaces available, successful |
applicants shall be selected by
lottery. However, priority |
shall be given to siblings of pupils enrolled in
the charter |
school and to pupils who were enrolled in the charter school |
the
previous school year, unless expelled for cause, and |
priority may be given to pupils residing within the charter |
school's attendance boundary, if a boundary has been designated |
|
by the board of education in a city having a population |
exceeding 500,000. Dual enrollment at both a
charter school and |
a public school or non-public school shall not be allowed.
A |
pupil who is suspended or expelled from a charter school shall |
be deemed to
be suspended or expelled from the public schools |
of the school district in
which the pupil resides. |
Notwithstanding anything to the contrary in this subsection |
(h), any charter school with a mission exclusive to educating |
high school dropouts may restrict admission to students who are |
high school dropouts.
|
(i) (Blank).
|
(j) Notwithstanding any other provision of law to the |
contrary, a
school district in a city having a population |
exceeding 500,000 shall not
have a duty to collectively bargain |
with an exclusive representative of its
employees over |
decisions to grant or deny a charter school proposal
under |
Section 27A-8 of this Code, decisions to renew or revoke a |
charter
under Section 27A-9 of this Code, and the impact of |
these decisions,
provided that nothing in this Section shall |
have the effect of negating,
abrogating, replacing, reducing, |
diminishing, or limiting in any way
employee rights, |
guarantees, or privileges granted in Sections 2, 3, 7, 8,
10, |
14, and 15 of the Illinois Educational Labor Relations Act.
|
(Source: P.A. 96-105, eff. 7-30-09.)
|