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Rep. Barbara Flynn Currie
Filed: 11/29/2011
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1 | | AMENDMENT TO SENATE BILL 1311
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1311, AS AMENDED, |
3 | | with reference to page and line numbers of House Amendment No. |
4 | | 2, on page 93, immediately below line 8, by inserting the |
5 | | following:
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6 | | "Section 25. The School Code is amended by changing Section |
7 | | 27A-7.5 as follows: |
8 | | (105 ILCS 5/27A-7.5) |
9 | | Sec. 27A-7.5. State Charter School Commission. |
10 | | (a) A State Charter School Commission is established as an |
11 | | independent State agency with statewide chartering |
12 | | jurisdiction and authority. |
13 | | (b) The Commission is responsible for authorizing |
14 | | high-quality charter schools throughout this State, |
15 | | particularly schools designed to expand opportunities for |
16 | | at-risk students, consistent with the purposes of this Article. |
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1 | | (c) The Commission shall consist of 9 members, appointed by |
2 | | the State Board. The State Board shall make these appointments |
3 | | from a slate of candidates proposed by the Governor, within 60 |
4 | | days after the effective date of this amendatory Act of the |
5 | | 97th General Assembly with respect to the initial Commission |
6 | | members. In making the appointments, the State Board shall |
7 | | ensure statewide geographic diversity among Commission |
8 | | members. The Governor shall propose a slate of candidates to |
9 | | the State Board within 60 days after the effective date of this |
10 | | amendatory Act of the 97th General Assembly and 60 days prior |
11 | | to the expiration of the term of a member thereafter. If the |
12 | | Governor fails to timely propose a slate of candidates |
13 | | according to the provisions of this subsection (c), then the |
14 | | State Board may appoint the member or members of the |
15 | | Commission. |
16 | | (d) Members appointed to the Commission shall collectively |
17 | | possess strong experience and expertise in public and nonprofit |
18 | | governance, management and finance, public school leadership, |
19 | | higher education, assessments, curriculum and instruction, and |
20 | | public education law. All members of the Commission shall have |
21 | | demonstrated understanding of and a commitment to public |
22 | | education, including without limitation charter schooling. At |
23 | | least 3 members must have past experience with urban charter |
24 | | schools. |
25 | | (e) To establish staggered terms of office, the initial |
26 | | term of office for 3 Commission members shall be 4 years and |
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1 | | thereafter shall be 4 years; the initial term of office for |
2 | | another 3 members shall be 3 years and thereafter shall be 4 |
3 | | years; and the initial term of office for the remaining 3 |
4 | | members shall be 2 years and thereafter shall be 4 years. The |
5 | | initial appointments must be made no later than October 1, |
6 | | 2011. |
7 | | (f) Whenever a vacancy on the Commission exists, the State |
8 | | Board shall appoint a member for the remaining portion of the |
9 | | term. |
10 | | (g) Subject to the State Officials and Employees Ethics |
11 | | Act, the Commission is authorized to receive and expend gifts, |
12 | | grants, and donations of any kind from any public or private |
13 | | entity to carry out the purposes of this Article, subject to |
14 | | the terms and conditions under which they are given, provided |
15 | | that all such terms and conditions are permissible under law. |
16 | | Funds received under this subsection (g) must be deposited into |
17 | | the State Charter School Commission Fund. |
18 | | The State Charter School Commission Fund is created as a |
19 | | special fund in the State treasury. All money in the Fund shall |
20 | | be used, subject to appropriation, by the Commission for |
21 | | operational and administrative costs of the Commission. |
22 | | Subject to appropriation, any funds appropriated for use by |
23 | | the State Charter School Commission may be used for the |
24 | | following purposes, without limitation: personal services, |
25 | | contractual services, and other operational and administrative |
26 | | costs. The State Charter School Commission is further |
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1 | | authorized to make expenditures with respect to any other |
2 | | amounts deposited in accordance with law into the State Charter |
3 | | School Commission Fund. |
4 | | (h) The Commission shall operate with dedicated resources |
5 | | and staff qualified to execute the day-to-day responsibilities |
6 | | of charter school authorizing in accordance with this Article. |
7 | | (i) Every 2 years, the Commission shall provide to the |
8 | | State Board and local school boards a report on best practices |
9 | | in charter school authorizing, including without limitation |
10 | | evaluating applications, oversight of charters, and renewal of |
11 | | charter schools. |
12 | | (j) The Commission may charge a charter school that it |
13 | | authorizes a fee, not to exceed 3% of the revenue provided to |
14 | | the school, to cover the cost of undertaking the ongoing |
15 | | administrative responsibilities of the eligible chartering |
16 | | authority with respect to the school. This fee must be |
17 | | deposited into the State Charter School Commission Fund. |
18 | | (k) Any charter school authorized by the State Board prior |
19 | | to this amendatory Act of the 97th General Assembly shall have |
20 | | its authorization transferred to the Commission upon a vote of |
21 | | the State Board, which shall then become the school's |
22 | | authorizer for all purposes under this Article. However, in no |
23 | | case shall such transfer take place later than July 1, 2012. At |
24 | | this time, all of the powers, duties, assets, liabilities, |
25 | | contracts, property, records, and pending business of the State |
26 | | Board as the school's authorizer must be transferred to the |
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1 | | Commission. Any charter school authorized by a local school |
2 | | board or boards may seek transfer of authorization to the |
3 | | Commission during its current term only with the approval of |
4 | | the local school board or boards. At the end of its charter |
5 | | term, a charter school authorized by a local school board or |
6 | | boards must reapply to the board or boards before it may apply |
7 | | for authorization to the Commission under the terms of this |
8 | | amendatory Act of the 97th General Assembly. |
9 | | On the effective date of this amendatory Act of the 97th |
10 | | General Assembly, all rules of the State Board applicable to |
11 | | matters falling within the responsibility of the Commission |
12 | | shall be applicable to the actions of the Commission. The |
13 | | Commission shall thereafter have the authority to propose to |
14 | | the State Board modifications to all rules applicable to |
15 | | matters falling within the responsibility of the Commission. |
16 | | The State Board shall retain rulemaking authority for the |
17 | | Commission, but shall work jointly with the Commission on any |
18 | | proposed modifications. Upon recommendation of proposed rule |
19 | | modifications by the Commission and pursuant to the Illinois |
20 | | Administrative Procedure Act, the State Board shall consider |
21 | | such changes within the intent of this amendatory Act of the |
22 | | 97th General Assembly and grant any and all changes consistent |
23 | | with that intent. |
24 | | (l) The Commission shall have the responsibility to |
25 | | consider appeals under this Article immediately upon |
26 | | appointment of the initial members of the Commission under |
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1 | | subsection (c) of this Section. Appeals pending at the time of |
2 | | initial appointment shall be determined by the Commission; the |
3 | | Commission may extend the time for review as necessary for |
4 | | thorough review, but in no case shall the extension exceed the |
5 | | time that would have been available had the appeal been |
6 | | submitted to the Commission on the date of appointment of its |
7 | | initial members. In any appeal filed with the Commission under |
8 | | this Article, both the applicant and the school district in |
9 | | which the charter school plans to locate shall have the right |
10 | | to request a hearing before the Commission. If more than one |
11 | | entity requests a hearing, then the Commission may hold only |
12 | | one hearing, wherein the applicant and the school district |
13 | | shall have an equal opportunity to present their respective |
14 | | positions.
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15 | | (Source: P.A. 97-152, eff. 7-20-11.) |
16 | | Section 30. The State's Attorneys Appellate Prosecutor's |
17 | | Act is amended by changing Section 4.10 as follows:
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18 | | (725 ILCS 210/4.10) (from Ch. 14, par. 204.10)
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19 | | Sec. 4.10.
The Office may conduct and charge tuition for |
20 | | training
programs for State's Attorneys, Assistant State's |
21 | | Attorneys and other
law enforcement officers. The Office shall |
22 | | conduct training programs and provide technical trial |
23 | | assistance for Illinois State's Attorneys, Assistant State's |
24 | | Attorneys, state's attorneys, assistant state's attorneys and
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1 | | law enforcement officers on : (1) constitutional, statutory, |
2 | | and case law issues; (2) forensic evidence; (3) prosecutorial |
3 | | ethics and professional responsibility; and (4) a continuum of |
4 | | trial advocacy
techniques and methods , including an emphasis on |
5 | | the elimination of or reduction in of eliminating or reducing |
6 | | the trauma of
testifying in criminal proceedings for vulnerable |
7 | | populations including seniors, disabled persons, and children |
8 | | who serve as witnesses in
such proceedings. The Office may make |
9 | | grants for these purposes. In addition, the Office may
publish, |
10 | | disseminate
and sell publications and newsletters which digest |
11 | | current Appellate and
Supreme Court cases and legislative |
12 | | developments of importance to prosecutors
and law enforcement |
13 | | officials. The moneys collected by the Office from
the programs |
14 | | and publications provided for in this Section shall be |
15 | | deposited
in the Continuing Legal Education Trust Fund, which |
16 | | special fund is hereby
created in the State Treasury. In |
17 | | addition, such appropriations, gifts or grants of money
as the |
18 | | Office may secure from any public or private
source for the |
19 | | purposes
described in this
Section shall be deposited in the |
20 | | Continuing Legal Education Trust Fund.
The General Assembly
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21 | | shall make appropriations from the Continuing Legal Education |
22 | | Trust Fund
for the expenses of the Office incident to |
23 | | conducting the programs and
publishing the materials provided |
24 | | for in this Section.
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25 | | (Source: P.A. 84-1340.)".
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