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| | HB1120 Engrossed | | LRB103 04755 RJT 49764 b |
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1 | | AN ACT concerning education.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The School Code is amended by changing Sections |
5 | | 27A-3, 27A-6, and 27A-7 as follows:
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6 | | (105 ILCS 5/27A-3)
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7 | | Sec. 27A-3. Definitions. For purposes of this Article:
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8 | | "At-risk pupil" means a pupil who, because of physical, |
9 | | emotional,
socioeconomic, or cultural factors, is less likely |
10 | | to succeed in a conventional
educational environment.
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11 | | "Authorizer" means an entity authorized under this Article |
12 | | to review applications, decide whether to approve or reject |
13 | | applications, enter into charter contracts with applicants, |
14 | | oversee charter schools, and decide whether to renew, not |
15 | | renew, or revoke a charter. |
16 | | "Commission" means the State Charter School Commission |
17 | | established under Section 27A-7.5 of this Code. |
18 | | "Local school board" means the duly elected or appointed |
19 | | school board or
board of education of a public school |
20 | | district, including special charter
districts and school |
21 | | districts located in cities having a population of more
than |
22 | | 500,000, organized under the laws of this State.
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23 | | "State Board" means the State Board of Education.
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1 | | "Union neutrality clause" means a provision whereby a |
2 | | charter school agrees: (1) to be neutral regarding the |
3 | | unionization of any of its employees, such that the charter |
4 | | school will not at any time express a position on the matter of |
5 | | whether its employees will be unionized and such that the |
6 | | charter school will not threaten, intimidate, discriminate |
7 | | against, retaliate against, or take any adverse action against |
8 | | any employees based on their decision to support or oppose |
9 | | union representation;
(2) to provide any bona fide labor |
10 | | organization access at reasonable times to areas in which the |
11 | | charter school's employees work for the purpose of meeting |
12 | | with employees to discuss their right to representation, |
13 | | employment rights under the law, and terms and conditions of |
14 | | employment; and (3) that union recognition shall be through a |
15 | | majority card check verified by a neutral third-party |
16 | | arbitrator mutually selected by the charter school and the |
17 | | bona fide labor organization through alternate striking from a |
18 | | panel of arbitrators provided by the Federal Mediation and |
19 | | Conciliation Service. As used in this definition, "bona fide |
20 | | labor organization" means a labor organization recognized |
21 | | under the National Labor Relations Act or the Illinois |
22 | | Educational Labor Relations Act. As used in this definition, |
23 | | "employees" means non-represented, non-management, and |
24 | | non-confidential employees of a charter school. |
25 | | (Source: P.A. 97-152, eff. 7-20-11.)
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1 | | (105 ILCS 5/27A-6)
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2 | | Sec. 27A-6. Contract contents; applicability of laws and |
3 | | regulations.
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4 | | (a) A certified charter shall constitute a binding |
5 | | contract and agreement
between
the charter school and a local |
6 | | school board under the terms of which the local
school board |
7 | | authorizes the governing body of the charter school to operate |
8 | | the
charter
school on the terms specified in the contract.
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9 | | (b) Notwithstanding any other provision of this Article, |
10 | | the certified
charter
may
not waive or release the charter |
11 | | school from the State goals, standards, and
assessments |
12 | | established pursuant to Section 2-3.64a-5 of this Code.
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13 | | Beginning with the 2003-2004 school year, the certified |
14 | | charter for a charter
school operating in a city having a |
15 | | population exceeding 500,000 shall
require the charter school |
16 | | to administer any other nationally recognized
standardized |
17 | | tests to its students that the chartering entity administers |
18 | | to
other
students, and the results on such tests shall be |
19 | | included in the
chartering entity's assessment reports.
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20 | | (c) Subject to the provisions of subsection (e), a |
21 | | material revision to a
previously certified contract or a |
22 | | renewal shall be made with
the approval of both the local |
23 | | school board and the governing body of the
charter school.
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24 | | (c-5) The proposed contract shall include a provision on |
25 | | how both parties
will address minor violations of the |
26 | | contract.
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1 | | (c-10) After the effective date of this amendatory Act of |
2 | | the 103rd General Assembly, any renewal of a certified charter |
3 | | must include a union neutrality clause. |
4 | | (d) The proposed contract between the governing body of a |
5 | | proposed charter
school and the local school board as |
6 | | described in Section 27A-7 must be
submitted to and certified |
7 | | by the State Board before it can take effect. If
the State |
8 | | Board recommends that the proposed contract be modified for
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9 | | consistency with this Article before it can be certified, the |
10 | | modifications
must be consented to by both the governing body |
11 | | of
the charter school and the local school board, and |
12 | | resubmitted to the State
Board for its certification. If the |
13 | | proposed contract is resubmitted in a form
that is not |
14 | | consistent with this Article, the State
Board may refuse to |
15 | | certify the charter.
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16 | | The State Board shall assign a number to each submission |
17 | | or resubmission in
chronological order of receipt, and shall |
18 | | determine whether the proposed
contract is consistent with the |
19 | | provisions of this Article. If the proposed
contract complies, |
20 | | the State Board shall so certify.
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21 | | (e) No renewal of a previously certified contract is |
22 | | effective unless and until the State Board certifies that the |
23 | | renewal is consistent with the provisions of this Article. A |
24 | | material revision to a previously certified contract may go |
25 | | into effect immediately upon approval of both the local school |
26 | | board and the governing body of the charter school, unless |
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1 | | either party requests in writing that the State Board certify |
2 | | that the material revision is consistent with the provisions |
3 | | of this Article. If such a request is made, the proposed |
4 | | material revision is not effective unless and until the State |
5 | | Board so certifies.
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6 | | (Source: P.A. 98-972, eff. 8-15-14; 98-1048, eff. 8-25-14; |
7 | | 99-78, eff. 7-20-15.)
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8 | | (105 ILCS 5/27A-7)
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9 | | Sec. 27A-7. Charter submission.
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10 | | (a) A proposal to establish a charter school shall be |
11 | | submitted to the local school board and the State Board for |
12 | | certification under Section 27A-6 of this Code in the form of a |
13 | | proposed contract
entered
into between the local school board |
14 | | and the governing body of a proposed
charter school. The
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15 | | charter school proposal shall include:
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16 | | (1) The name of the proposed charter school, which |
17 | | must include the words
"Charter School".
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18 | | (2) The age or grade range, areas of focus, minimum |
19 | | and maximum numbers of
pupils to be enrolled in the |
20 | | charter school, and any other admission criteria
that |
21 | | would be legal if used by a school district.
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22 | | (3) A description of and address for the physical |
23 | | plant in which the
charter school will be located; |
24 | | provided that nothing in the Article shall be
deemed to |
25 | | justify delaying or withholding favorable action on or |
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1 | | approval of a
charter school proposal because the building |
2 | | or buildings in which the charter
school is to be located |
3 | | have not been acquired or rented at the time a charter
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4 | | school proposal is submitted or approved or a charter |
5 | | school contract is
entered
into or submitted for |
6 | | certification or certified, so long as the proposal or
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7 | | submission identifies and names at least 2 sites that are |
8 | | potentially available
as a charter school facility by the |
9 | | time the charter school is to open.
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10 | | (4) The mission statement of the charter school, which |
11 | | must be consistent
with the General Assembly's declared |
12 | | purposes; provided that nothing in this
Article shall be |
13 | | construed to require that, in order to receive favorable
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14 | | consideration and approval, a charter school proposal |
15 | | demonstrate unequivocally
that the charter school will be |
16 | | able to meet each of those declared purposes,
it
being the |
17 | | intention of the Charter Schools Law that those purposes |
18 | | be
recognized as goals that
charter schools must aspire to |
19 | | attain.
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20 | | (5) The goals, objectives, and pupil performance |
21 | | standards to be achieved
by the charter school.
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22 | | (6) In the case of a proposal to establish a charter |
23 | | school by
converting an existing public school or |
24 | | attendance center to charter school
status, evidence that |
25 | | the proposed formation of the charter school has received
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26 | | the approval of certified teachers, parents
and
guardians, |
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1 | | and, if applicable, a local school council as provided in
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2 | | subsection
(b) of Section 27A-8.
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3 | | (7) A description of the charter school's educational |
4 | | program, pupil
performance standards, curriculum, school |
5 | | year, school days, and hours of
operation.
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6 | | (8) A description of the charter school's plan for |
7 | | evaluating pupil
performance, the types of assessments |
8 | | that will be used to measure pupil
progress towards |
9 | | achievement of the school's pupil performance standards, |
10 | | the
timeline for achievement of those standards, and the |
11 | | procedures for taking
corrective action in the event that |
12 | | pupil performance at the charter school
falls below those |
13 | | standards.
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14 | | (9) Evidence that the terms of the charter as proposed |
15 | | are economically
sound
for both the charter school and the |
16 | | school district, a proposed budget for the
term of the |
17 | | charter, a description of the manner in which an annual
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18 | | audit of the financial and administrative operations of |
19 | | the charter school,
including any services provided by the |
20 | | school district, are to be conducted,
and
a plan for the |
21 | | displacement of pupils, teachers, and other employees who |
22 | | will
not attend or be employed in the charter school.
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23 | | (10) A description of the governance and operation of |
24 | | the charter school,
including the nature and extent of |
25 | | parental, professional educator, and
community involvement |
26 | | in the governance and operation of the charter school.
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1 | | (11) An explanation of the relationship that will |
2 | | exist between the
charter school and its employees, |
3 | | including evidence that the terms and
conditions of |
4 | | employment have been addressed with affected employees and |
5 | | their
recognized representative, if any. However, a |
6 | | bargaining unit of charter
school employees shall be |
7 | | separate and
distinct from any bargaining units formed |
8 | | from employees of a school district
in
which the charter |
9 | | school is located.
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10 | | (12) An agreement between the parties regarding their |
11 | | respective
legal liability and applicable insurance |
12 | | coverage.
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13 | | (13) A description of how the charter school plans to |
14 | | meet the
transportation needs of its pupils, and a plan |
15 | | for addressing the
transportation needs
of low-income and |
16 | | at-risk pupils.
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17 | | (14) The proposed effective date and term of the |
18 | | charter; provided that
the
first day of the first academic |
19 | | year shall be no earlier than August 15 and no later than |
20 | | September 15 of a
calendar year, and the first day of the |
21 | | fiscal year shall be July 1.
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22 | | (14.5) Disclosure of any known active civil or |
23 | | criminal investigation by a local, state, or federal law |
24 | | enforcement agency into an organization submitting the |
25 | | charter school proposal or a criminal investigation by a |
26 | | local, state, or federal law enforcement agency into any |
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1 | | member of the governing body of that organization. For the |
2 | | purposes of this subdivision (14.5), a known investigation |
3 | | means a request for an interview by a law enforcement |
4 | | agency, a subpoena, an arrest, or an indictment. Such |
5 | | disclosure is required for a period from the initial |
6 | | application submission through 10 business days prior to |
7 | | the authorizer's scheduled decision date. |
8 | | (14.7) A union neutrality clause. |
9 | | (15) Any other information reasonably required by the |
10 | | State Board of
Education.
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11 | | (b) A proposal to establish a charter school may be |
12 | | initiated by individuals
or organizations that will have
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13 | | majority representation on the board of directors or other |
14 | | governing body of
the corporation or other discrete legal |
15 | | entity that is to be established to
operate the proposed |
16 | | charter school, by a board of education or an
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17 | | intergovernmental agreement between or among boards of |
18 | | education, or by the
board of directors or other
governing |
19 | | body of a discrete legal entity already existing or |
20 | | established to
operate the proposed
charter school. The |
21 | | individuals or organizations referred to in this
subsection |
22 | | may be school teachers, school administrators, local school
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23 | | councils, colleges or
universities or their faculty
members, |
24 | | public community colleges or their instructors or other
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25 | | representatives, corporations, or other entities or their
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26 | | representatives. The proposal shall be
submitted to the local |
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1 | | school board for consideration and, if
appropriate, for
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2 | | development of a proposed contract to be submitted to the |
3 | | State Board for
certification under
Section 27A-6.
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4 | | (c) The local school board may not without the consent of |
5 | | the governing body
of the charter school condition its |
6 | | approval of a charter school proposal on
acceptance of an |
7 | | agreement to operate under State laws and regulations and
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8 | | local school board policies from which the charter school is |
9 | | otherwise exempted
under this Article.
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10 | | (Source: P.A. 98-739, eff. 7-16-14; 98-1048, eff. 8-25-14; |
11 | | 99-78, eff. 7-20-15; 99-334, eff. 8-10-15.)
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12 | | Section 99. Effective date. This Act takes effect upon |
13 | | becoming law.
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