Full Text of SB2402 95th General Assembly
SB2402eng 95TH GENERAL ASSEMBLY
|
|
|
SB2402 Engrossed |
|
LRB095 19509 NHT 45811 b |
|
| 1 |
| AN ACT concerning education.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The School Code is amended by changing Sections | 5 |
| 27A-4 and 27A-5 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 | 17 |
| this Article at any
one time shall not exceed 100 60 . Not more | 18 |
| than 30 charter
schools
shall operate at any one time in any | 19 |
| city having a population exceeding
500,000; not more than 15
| 20 |
| charter schools shall operate at any one time in the counties | 21 |
| of DuPage, Kane,
Lake, McHenry, Will, and that portion of Cook | 22 |
| County that is located outside a
city having a population | 23 |
| exceeding 500,000, with not more than one
charter school that |
|
|
|
SB2402 Engrossed |
- 2 - |
LRB095 19509 NHT 45811 b |
|
| 1 |
| has been initiated by a board of education, or
by an | 2 |
| intergovernmental agreement between or among boards of | 3 |
| education,
operating at any one time in the school district | 4 |
| where the charter school is
located; and not more than 15 | 5 |
| charter
schools shall operate at any one time in the remainder | 6 |
| of the State, with not
more than one charter school that
has | 7 |
| been initiated by a board of education, or
by an | 8 |
| intergovernmental agreement between or among boards of | 9 |
| education,
operating at any one
time in the school district | 10 |
| where the charter school is located.
| 11 |
| For purposes of implementing this Section, the State Board | 12 |
| shall assign a
number to each charter submission it receives | 13 |
| under Section 27A-6 for its
review and certification, based on | 14 |
| the chronological order in which the
submission is received by | 15 |
| it. The State Board shall promptly notify local
school boards | 16 |
| when the maximum numbers of certified charter schools | 17 |
| authorized
to operate have been reached.
| 18 |
| (c) No charter shall be granted under this Article that | 19 |
| would convert any
existing private, parochial, or non-public | 20 |
| school to a charter school.
| 21 |
| (d) Enrollment in a charter school shall be open to any | 22 |
| pupil who resides
within the geographic boundaries of the area | 23 |
| served by the local school board, provided that the board of | 24 |
| education in a city having a population exceeding 500,000 may | 25 |
| designate attendance boundaries for no more than one-third of | 26 |
| the charter schools permitted in the city if the board of |
|
|
|
SB2402 Engrossed |
- 3 - |
LRB095 19509 NHT 45811 b |
|
| 1 |
| education determines that attendance boundaries are needed to | 2 |
| relieve overcrowding or to better serve low-income and at-risk | 3 |
| students. Students residing within an attendance boundary may | 4 |
| be given priority for enrollment, but must not be required to | 5 |
| attend the charter school.
| 6 |
| (e) Nothing in this Article shall prevent 2 or more local | 7 |
| school boards from
jointly
issuing a charter to a single shared | 8 |
| charter school, provided that all of the
provisions of this | 9 |
| Article are met as to those local school boards.
| 10 |
| (f) No local school board shall require any employee of the | 11 |
| school district
to be employed in a charter school.
| 12 |
| (g) No local school board shall require any pupil residing | 13 |
| within the
geographic boundary of its district to enroll in a | 14 |
| charter school.
| 15 |
| (h) If there are more eligible applicants for enrollment in | 16 |
| a charter school
than there are spaces available, successful | 17 |
| applicants shall be selected by
lottery. However, priority | 18 |
| shall be given to siblings of pupils enrolled in
the charter | 19 |
| school and to pupils who were enrolled in the charter school | 20 |
| the
previous school year, unless expelled for cause, and | 21 |
| priority may be given to pupils residing within the charter | 22 |
| school's attendance boundary, if a boundary has been designated | 23 |
| by the board of education in a city having a population | 24 |
| exceeding 500,000. Dual enrollment at both a
charter school and | 25 |
| a public school or non-public school shall not be allowed.
A | 26 |
| pupil who is suspended or expelled from a charter school shall |
|
|
|
SB2402 Engrossed |
- 4 - |
LRB095 19509 NHT 45811 b |
|
| 1 |
| be deemed to
be suspended or expelled from the public schools | 2 |
| of the school district in
which the pupil resides.
| 3 |
| (i) (Blank).
| 4 |
| (j) Notwithstanding any other provision of law to the | 5 |
| contrary, a
school district in a city having a population | 6 |
| exceeding 500,000 shall not
have a duty to collectively bargain | 7 |
| with an exclusive representative of its
employees over | 8 |
| decisions to grant or deny a charter school proposal
under | 9 |
| Section 27A-8 of this Code, decisions to renew or revoke a | 10 |
| charter
under Section 27A-9 of this Code, and the impact of | 11 |
| these decisions,
provided that nothing in this Section shall | 12 |
| have the effect of negating,
abrogating, replacing, reducing, | 13 |
| diminishing, or limiting in any way
employee rights, | 14 |
| guarantees, or privileges granted in Sections 2, 3, 7, 8,
10, | 15 |
| 14, and 15 of the Illinois Educational Labor Relations Act.
| 16 |
| (Source: P.A. 92-16, eff. 6-28-01; 93-3, eff. 4-16-03; 93-861, | 17 |
| eff. 1-1-05.)
| 18 |
| (105 ILCS 5/27A-5)
| 19 |
| Sec. 27A-5. Charter school; legal entity; requirements.
| 20 |
| (a) A charter school shall be a public, nonsectarian, | 21 |
| nonreligious, non-home
based, and non-profit school. A charter | 22 |
| school shall be organized and operated
as a nonprofit | 23 |
| corporation or other discrete, legal, nonprofit entity
| 24 |
| authorized under the laws of the State of Illinois.
| 25 |
| (b) A charter school may be established under this Article |
|
|
|
SB2402 Engrossed |
- 5 - |
LRB095 19509 NHT 45811 b |
|
| 1 |
| by creating a new
school or by converting an existing public | 2 |
| school or attendance center to
charter
school status.
Beginning | 3 |
| on the effective date of this amendatory Act of the 93rd | 4 |
| General
Assembly, in all new
applications submitted to the | 5 |
| State Board or a local school board to establish
a charter
| 6 |
| school in a city having a population exceeding 500,000, | 7 |
| operation of the
charter
school shall be limited to one campus. | 8 |
| The changes made to this Section by this
amendatory Act
of the | 9 |
| 93rd General
Assembly do not apply to charter schools existing | 10 |
| or approved on or before the
effective date of this
amendatory | 11 |
| Act. Operation of each of the 40 additional charter schools | 12 |
| authorized by this amendatory Act of the 95th General Assembly | 13 |
| under Section 27A-4 of this Code shall be limited to one | 14 |
| campus.
| 15 |
| (c) A charter school shall be administered and governed by | 16 |
| its board of
directors or other governing body
in the manner | 17 |
| provided in its charter. The governing body of a charter school
| 18 |
| shall be subject to the Freedom of Information Act and the Open | 19 |
| Meetings Act.
| 20 |
| (d) A charter school shall comply with all applicable | 21 |
| health and safety
requirements applicable to public schools | 22 |
| under the laws of the State of
Illinois.
| 23 |
| (e) Except as otherwise provided in the School Code, a | 24 |
| charter school shall
not charge tuition; provided that a | 25 |
| charter school may charge reasonable fees
for textbooks, | 26 |
| instructional materials, and student activities.
|
|
|
|
SB2402 Engrossed |
- 6 - |
LRB095 19509 NHT 45811 b |
|
| 1 |
| (f) A charter school shall be responsible for the | 2 |
| management and operation
of its fiscal affairs including,
but | 3 |
| not limited to, the preparation of its budget. An audit of each | 4 |
| charter
school's finances shall be conducted annually by an | 5 |
| outside, independent
contractor retained by the charter | 6 |
| school.
| 7 |
| (g) A charter school shall comply with all provisions of | 8 |
| this Article and
its charter. A charter
school is exempt from | 9 |
| all other State laws and regulations in the School Code
| 10 |
| governing public
schools and local school board policies, | 11 |
| except the following:
| 12 |
| (1) Sections 10-21.9 and 34-18.5 of the School Code | 13 |
| regarding criminal
history records checks and checks of the | 14 |
| Statewide Sex Offender Database of applicants for | 15 |
| employment;
| 16 |
| (2) Sections 24-24 and 34-84A of the School Code | 17 |
| regarding discipline of
students;
| 18 |
| (3) The Local Governmental and Governmental Employees | 19 |
| Tort Immunity Act;
| 20 |
| (4) Section 108.75 of the General Not For Profit | 21 |
| Corporation Act of 1986
regarding indemnification of | 22 |
| officers, directors, employees, and agents;
| 23 |
| (5) The Abused and Neglected Child Reporting Act;
| 24 |
| (6) The Illinois School Student Records Act; and
| 25 |
| (7) Section 10-17a of the School Code regarding school | 26 |
| report cards.
|
|
|
|
SB2402 Engrossed |
- 7 - |
LRB095 19509 NHT 45811 b |
|
| 1 |
| (h) A charter school may negotiate and contract with a | 2 |
| school district, the
governing body of a State college or | 3 |
| university or public community college, or
any other public or | 4 |
| for-profit or nonprofit private entity for: (i) the use
of a | 5 |
| school building and grounds or any other real property or | 6 |
| facilities that
the charter school desires to use or convert | 7 |
| for use as a charter school site,
(ii) the operation and | 8 |
| maintenance thereof, and
(iii) the provision of any service, | 9 |
| activity, or undertaking that the charter
school is required to | 10 |
| perform in order to carry out the terms of its charter.
| 11 |
| However, a charter school
that is established on
or
after the | 12 |
| effective date of this amendatory Act of the 93rd General
| 13 |
| Assembly and that operates
in a city having a population | 14 |
| exceeding
500,000 may not contract with a for-profit entity to
| 15 |
| manage or operate the school during the period that commences | 16 |
| on the
effective date of this amendatory Act of the 93rd | 17 |
| General Assembly and
concludes at the end of the 2004-2005 | 18 |
| school year.
Except as provided in subsection (i) of this | 19 |
| Section, a school district may
charge a charter school | 20 |
| reasonable rent for the use of the district's
buildings, | 21 |
| grounds, and facilities. Any services for which a charter | 22 |
| school
contracts
with a school district shall be provided by | 23 |
| the district at cost. Any services
for which a charter school | 24 |
| contracts with a local school board or with the
governing body | 25 |
| of a State college or university or public community college
| 26 |
| shall be provided by the public entity at cost.
|
|
|
|
SB2402 Engrossed |
- 8 - |
LRB095 19509 NHT 45811 b |
|
| 1 |
| (i) In no event shall a charter school that is established | 2 |
| by converting an
existing school or attendance center to | 3 |
| charter school status be required to
pay rent for space
that is | 4 |
| deemed available, as negotiated and provided in the charter | 5 |
| agreement,
in school district
facilities. However, all other | 6 |
| costs for the operation and maintenance of
school district | 7 |
| facilities that are used by the charter school shall be subject
| 8 |
| to negotiation between
the charter school and the local school | 9 |
| board and shall be set forth in the
charter.
| 10 |
| (j) A charter school may limit student enrollment by age or | 11 |
| grade level.
| 12 |
| (Source: P.A. 93-3, eff. 4-16-03; 93-909, eff. 8-12-04; 94-219, | 13 |
| eff. 7-14-05.)
| 14 |
| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.
|
|