Full Text of HB0164 94th General Assembly
HB0164ham001 94TH GENERAL ASSEMBLY
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Elementary & Secondary Education Committee
Filed: 2/17/2005
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09400HB0164ham001 |
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LRB094 03609 NHT 40913 a |
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| AMENDMENT TO HOUSE BILL 164
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| AMENDMENT NO. ______. Amend House Bill 164 by replacing | 3 |
| everything after the enacting clause with the following:
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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 | 24 |
| a position which requires the teacher's
certification and legal |
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| qualifications. The
contractual
continued service status and | 2 |
| retirement benefits of a
teacher of the district who is granted | 3 |
| a leave of absence to accept employment
with a charter school | 4 |
| shall not be affected by that leave of absence.
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| (c) Charter schools shall employ in instructional | 6 |
| positions, as defined in
the charter, individuals who are | 7 |
| certificated under Article 21 of this
Code or who possess the | 8 |
| following qualifications:
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| (i) graduated with a bachelor's degree from an | 10 |
| accredited institution of
higher learning;
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| (ii) been employed for a period of at least 5 years in | 12 |
| an area requiring
application of the individual's | 13 |
| education;
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| (iii) passed the tests of basic skills and subject | 15 |
| matter knowledge
required by Section 21-1a of the School | 16 |
| Code; and
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| (iv) demonstrate continuing evidence of professional | 18 |
| growth which shall
include, but not be limited to, | 19 |
| successful teaching experience, attendance at
professional | 20 |
| meetings, membership in professional organizations, | 21 |
| additional
credits earned at institutions of higher | 22 |
| learning, travel specifically for
educational purposes, | 23 |
| and reading of professional books and periodicals.
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| Charter schools employing individuals without | 25 |
| certification in
instructional positions shall provide such | 26 |
| mentoring, training, and staff
development for those | 27 |
| individuals as the charter schools determine necessary
for | 28 |
| satisfactory performance in the classroom. A charter school | 29 |
| that is operating in a city having a population exceeding | 30 |
| 500,000 may not employ an individual in an instructional | 31 |
| position who is not State-certified and highly qualified as | 32 |
| defined in the federal No Child Left Behind Act of 2001.
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| Beginning with the 2006-2007 school year, at least 50% of | 34 |
| the
individuals
employed in instructional positions by a |
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| charter school that is operating in a
city
having a population | 2 |
| exceeding 500,000 and that is
established on or after the | 3 |
| effective date of this amendatory Act of the
93rd General | 4 |
| Assembly shall hold teaching certificates issued under
Article | 5 |
| 21 of this Code.
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| Beginning with the 2006-2007 school year, at
least 75% of | 7 |
| the individuals employed in instructional positions by a
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| charter school that is operating in a city having a population | 9 |
| exceeding
500,000 and that is
established before the effective | 10 |
| date of this amendatory Act of
the 93rd General Assembly shall | 11 |
| hold teaching certificates issued under
Article 21 of this | 12 |
| Code.
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| Charter schools operating in a city having a population | 14 |
| exceeding 500,000 are
exempt from any annual cap on new
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| participants in an alternative certification program. The | 16 |
| second
and third phases of the alternative certification | 17 |
| program may
be conducted and completed at the charter school, | 18 |
| and the
alternative teaching certificate is valid for 4 years | 19 |
| or the length
of the charter (or any extension of the charter), | 20 |
| whichever is longer.
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| With respect to a
charter school that is operating in a | 22 |
| city having a population exceeding
500,000, residency within | 23 |
| the city must be considered in determining the employment and | 24 |
| compensation of a teacher and whether to retain, promote, | 25 |
| assign, or transfer that teacher.
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| Notwithstanding any other provisions of the School Code, | 27 |
| charter schools
may employ non-certificated staff in all other | 28 |
| positions.
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| (d) A teacher at a charter school may resign his or her | 30 |
| position only if
the teacher gives notice of resignation to the | 31 |
| charter school's governing body
at least 60 days before the end | 32 |
| of the school term, and the resignation must
take effect | 33 |
| 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 | 2 |
| Section 8.29 as
follows:
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| (30 ILCS 805/8.29 new)
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| Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | 5 |
| of this
Act, no reimbursement by the State is required for the | 6 |
| implementation of
any mandate created by this amendatory Act of | 7 |
| the 94th General Assembly.
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| Section 99. Effective date. This Act takes effect August | 9 |
| 15, 2005.".
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