HB3361ham001 95TH GENERAL ASSEMBLY

Rep. Jerry L. Mitchell

Filed: 4/24/2007

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3361

2     AMENDMENT NO. ______. Amend House Bill 3361 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The School Code is amended by changing Section
5 27A-4 as follows:
 
6     (105 ILCS 5/27A-4)
7     Sec. 27A-4. General Provisions.
8     (a) The General Assembly does not intend to alter or amend
9 the provisions of any court-ordered desegregation plan in
10 effect for any school district. A charter school shall be
11 subject to all federal and State laws and constitutional
12 provisions prohibiting discrimination on the basis of
13 disability, race, creed, color, gender, national origin,
14 religion, ancestry, marital status, or need for special
15 education services.
16     (b) The total number of charter schools operating under

 

 

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1 this Article at any one time shall not exceed 60. Not more than
2 30 charter schools shall operate at any one time in any city
3 having a population exceeding 500,000; not more than 15 charter
4 schools shall operate at any one time in the counties of
5 DuPage, Kane, Lake, McHenry, Will, and that portion of Cook
6 County that is located outside a city having a population
7 exceeding 500,000, with not more than one charter school that
8 has been initiated by a board of education, or by an
9 intergovernmental agreement between or among boards of
10 education, operating at any one time in the school district
11 where the charter school is located; and not more than 15
12 charter schools shall operate at any one time in the remainder
13 of the State, with not more than one charter school that has
14 been initiated by a board of education, or by an
15 intergovernmental agreement between or among boards of
16 education, operating at any one time in the school district
17 where the charter school is located. The following provisions
18 apply notwithstanding the other provisions of this subsection
19 (b):
20         (1) If 14 charter schools are operating at any one time
21     in the counties of DuPage, Kane, Lake, McHenry, Will, and
22     that portion of Cook County that is located outside a city
23     having a population exceeding 500,000, then one additional
24     charter school, which must be exclusively for truants or
25     dropouts, may operate in a city having a population
26     exceeding 500,000, and the limit on the number of charter

 

 

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1     schools that may operate at any one time in the counties of
2     DuPage, Kane, Lake, McHenry, Will, and that portion of Cook
3     County that is located outside a city having a population
4     exceeding 500,000 shall be reduced to 14 if an additional
5     charter school is established in a city having a population
6     exceeding 500,000 under the authority of this paragraph
7     (1).
8         (2) If 13 charter schools are operating at any one time
9     in the counties of DuPage, Kane, Lake, McHenry, Will, and
10     that portion of Cook County that is located outside a city
11     having a population exceeding 500,000, then 2 additional
12     charter schools, which must be exclusively for truants or
13     dropouts, may operate in a city having a population
14     exceeding 500,000, and the limit on the number of charter
15     schools that may operate at any one time in the counties of
16     DuPage, Kane, Lake, McHenry, Will, and that portion of Cook
17     County that is located outside a city having a population
18     exceeding 500,000 shall be reduced by the number of
19     additional charter schools established in a city having a
20     population exceeding 500,000 under the authority of this
21     paragraph (2).
22         (3) If 12 or fewer charter schools are operating at any
23     one time in the counties of DuPage, Kane, Lake, McHenry,
24     Will, and that portion of Cook County that is located
25     outside a city having a population exceeding 500,000, then
26     3 additional charter schools, which must be exclusively for

 

 

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1     truants or dropouts, may operate in a city having a
2     population exceeding 500,000, and the limit on the number
3     of charter schools that may operate at any one time in the
4     counties of DuPage, Kane, Lake, McHenry, Will, and that
5     portion of Cook County that is located outside a city
6     having a population exceeding 500,000 shall be reduced by
7     the number of additional charter schools established in a
8     city having a population exceeding 500,000 under the
9     authority of this paragraph (3).
10         (4) If 14 charter schools are operating at any one time
11     in that part of the State outside of the counties of
12     DuPage, Kane, Lake, McHenry, Will, and Cook County, then
13     one additional charter school, which must be exclusively
14     for truants or dropouts, may operate in a city having a
15     population exceeding 500,000, and the limit on the number
16     of charter schools that may operate at any one time in that
17     part of the State outside of the counties of DuPage, Kane,
18     Lake, McHenry, Will, and Cook County shall be reduced to 14
19     if an additional charter school is established in a city
20     having a population exceeding 500,000 under the authority
21     of this paragraph (4).
22         (5) If 13 or fewer charter schools are operating at any
23     one time in that part of the State outside of the counties
24     of DuPage, Kane, Lake, McHenry, Will, and Cook County, then
25     2 additional charter schools, which must be exclusively for
26     truants or dropouts, may operate in a city having a

 

 

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1     population exceeding 500,000, and the limit on the number
2     of charter schools that may operate at any one time in that
3     part of the State outside of the counties of DuPage, Kane,
4     Lake, McHenry, Will, and Cook County shall be reduced by
5     the number of additional charter schools established in a
6     city having a population exceeding 500,000 under the
7     authority of this paragraph (5).
8     For purposes of implementing this Section, the State Board
9 shall assign a number to each charter submission it receives
10 under Section 27A-6 for its review and certification, based on
11 the chronological order in which the submission is received by
12 it. The State Board shall promptly notify local school boards
13 when the maximum numbers of certified charter schools
14 authorized to operate have been reached.
15     (c) No charter shall be granted under this Article that
16 would convert any existing private, parochial, or non-public
17 school to a charter school.
18     (d) Enrollment in a charter school shall be open to any
19 pupil who resides within the geographic boundaries of the area
20 served by the local school board, provided that the board of
21 education in a city having a population exceeding 500,000 may
22 designate attendance boundaries for no more than one-third of
23 the charter schools permitted in the city if the board of
24 education determines that attendance boundaries are needed to
25 relieve overcrowding or to better serve low-income and at-risk
26 students. Students residing within an attendance boundary may

 

 

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1 be given priority for enrollment, but must not be required to
2 attend the charter school.
3     (e) Nothing in this Article shall prevent 2 or more local
4 school boards from jointly issuing a charter to a single shared
5 charter school, provided that all of the provisions of this
6 Article are met as to those local school boards.
7     (f) No local school board shall require any employee of the
8 school district to be employed in a charter school.
9     (g) No local school board shall require any pupil residing
10 within the geographic boundary of its district to enroll in a
11 charter school.
12     (h) If there are more eligible applicants for enrollment in
13 a charter school than there are spaces available, successful
14 applicants shall be selected by lottery. However, priority
15 shall be given to siblings of pupils enrolled in the charter
16 school and to pupils who were enrolled in the charter school
17 the previous school year, unless expelled for cause, and
18 priority may be given to pupils residing within the charter
19 school's attendance boundary, if a boundary has been designated
20 by the board of education in a city having a population
21 exceeding 500,000. Dual enrollment at both a charter school and
22 a public school or non-public school shall not be allowed. A
23 pupil who is suspended or expelled from a charter school shall
24 be deemed to be suspended or expelled from the public schools
25 of the school district in which the pupil resides.
26     (i) (Blank).

 

 

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1     (j) Notwithstanding any other provision of law to the
2 contrary, a school district in a city having a population
3 exceeding 500,000 shall not have a duty to collectively bargain
4 with an exclusive representative of its employees over
5 decisions to grant or deny a charter school proposal under
6 Section 27A-8 of this Code, decisions to renew or revoke a
7 charter under Section 27A-9 of this Code, and the impact of
8 these decisions, provided that nothing in this Section shall
9 have the effect of negating, abrogating, replacing, reducing,
10 diminishing, or limiting in any way employee rights,
11 guarantees, or privileges granted in Sections 2, 3, 7, 8, 10,
12 14, and 15 of the Illinois Educational Labor Relations Act.
13 (Source: P.A. 92-16, eff. 6-28-01; 93-3, eff. 4-16-03; 93-861,
14 eff. 1-1-05.)".