Full Text of HB0190 97th General Assembly
HB0190 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB0190 Introduced 1/18/2011, by Rep. Roger L. Eddy SYNOPSIS AS INTRODUCED: |
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Amends the Charter Schools Law of the School Code. Allows an additional 5 charter schools devoted exclusively to students from low-performing or overcrowded schools to operate at any one time in Chicago. Defines "low-performing school" and "overcrowded school". Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
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| 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 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 | 17 | | this Article at any
one time shall not exceed 125 120 . Not more | 18 | | than 70 charter
schools
shall operate at any one time in any | 19 | | city having a population exceeding
500,000 and not more than 45
| 20 | | charter schools shall operate at any one time in the remainder | 21 | | of the State, with not
more than one charter school that
has | 22 | | been initiated by a board of education, or
by an | 23 | | intergovernmental agreement between or among boards of |
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| 1 | | education,
operating at any one
time in the school district | 2 | | where the charter school is located. In addition to these | 3 | | charter schools, the following charter schools may operate in | 4 | | any city having a population exceeding 500,000: | 5 | | (1) Up up to but no more than 5 charter schools devoted | 6 | | exclusively to re-enrolled high school dropouts may | 7 | | operate at any one time in any city having a population | 8 | | exceeding 500,000. Notwithstanding any provision to the | 9 | | contrary in subsection (b) of Section 27A-5 of this Code, | 10 | | each such dropout charter may operate up to 15 campuses | 11 | | within the city. Any of these dropout charters may have a | 12 | | maximum of 1,875 enrollment seats, any one of the campuses | 13 | | of the dropout charter may have a maximum of 165 enrollment | 14 | | seats, and each campus of the dropout charter must be | 15 | | operated by the same legal entity as that for which the | 16 | | charter is approved and certified. | 17 | | (2) Up to but no more than 5 charter schools devoted | 18 | | exclusively to students from low-performing or overcrowded | 19 | | schools may operate at any one time in any city having a | 20 | | population exceeding 500,000.
| 21 | | For purposes of implementing this Section, the State Board | 22 | | shall assign a
number to each charter submission it receives | 23 | | under Section 27A-6 for its
review and certification, based on | 24 | | the chronological order in which the
submission is received by | 25 | | it. The State Board shall promptly notify local
school boards | 26 | | when the maximum numbers of certified charter schools |
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| 1 | | authorized
to operate have been reached.
| 2 | | (c) No charter shall be granted under this Article that | 3 | | would convert any
existing private, parochial, or non-public | 4 | | school to a charter school.
| 5 | | (d) Enrollment in a charter school shall be open to any | 6 | | pupil who resides
within the geographic boundaries of the area | 7 | | served by the local school board, provided that the board of | 8 | | education in a city having a population exceeding 500,000 may | 9 | | designate attendance boundaries for no more than one-third of | 10 | | the charter schools permitted in the city if the board of | 11 | | education determines that attendance boundaries are needed to | 12 | | relieve overcrowding or to better serve low-income and at-risk | 13 | | students. Students residing within an attendance boundary may | 14 | | be given priority for enrollment, but must not be required to | 15 | | attend the charter school.
| 16 | | (e) Nothing in this Article shall prevent 2 or more local | 17 | | school boards from
jointly
issuing a charter to a single shared | 18 | | charter school, provided that all of the
provisions of this | 19 | | Article are met as to those local school boards.
| 20 | | (f) No local school board shall require any employee of the | 21 | | school district
to be employed in a charter school.
| 22 | | (g) No local school board shall require any pupil residing | 23 | | within the
geographic boundary of its district to enroll in a | 24 | | charter school.
| 25 | | (h) If there are more eligible applicants for enrollment in | 26 | | a charter school
than there are spaces available, successful |
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| 1 | | applicants shall be selected by
lottery. However, priority | 2 | | shall be given to siblings of pupils enrolled in
the charter | 3 | | school and to pupils who were enrolled in the charter school | 4 | | the
previous school year, unless expelled for cause, and | 5 | | priority may be given to pupils residing within the charter | 6 | | school's attendance boundary, if a boundary has been designated | 7 | | by the board of education in a city having a population | 8 | | exceeding 500,000. Dual enrollment at both a
charter school and | 9 | | a public school or non-public school shall not be allowed.
A | 10 | | pupil who is suspended or expelled from a charter school shall | 11 | | be deemed to
be suspended or expelled from the public schools | 12 | | of the school district in
which the pupil resides. | 13 | | Notwithstanding anything to the contrary in this subsection | 14 | | (h), any charter school with a mission exclusive to educating | 15 | | high school dropouts may restrict admission to students who are | 16 | | high school dropouts and any charter school with a mission | 17 | | exclusive to educating students from low-performing or | 18 | | overcrowded schools may restrict admission to students who are | 19 | | from low-performing or overcrowded schools .
| 20 | | (i) (Blank).
| 21 | | (j) Notwithstanding any other provision of law to the | 22 | | contrary, a
school district in a city having a population | 23 | | exceeding 500,000 shall not
have a duty to collectively bargain | 24 | | with an exclusive representative of its
employees over | 25 | | decisions to grant or deny a charter school proposal
under | 26 | | Section 27A-8 of this Code, decisions to renew or revoke a |
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| 1 | | charter
under Section 27A-9 of this Code, and the impact of | 2 | | these decisions,
provided that nothing in this Section shall | 3 | | have the effect of negating,
abrogating, replacing, reducing, | 4 | | diminishing, or limiting in any way
employee rights, | 5 | | guarantees, or privileges granted in Sections 2, 3, 7, 8,
10, | 6 | | 14, and 15 of the Illinois Educational Labor Relations Act.
| 7 | | (k) In this Section: | 8 | | "Low-performing school" means a public school in a school | 9 | | district organized under Article 34 of this Code that enrolls | 10 | | students in any of grades kindergarten through 8 and that is | 11 | | ranked within the lowest 10% of schools in that district in | 12 | | terms of the percentage of students meeting or exceeding | 13 | | standards on the Illinois Standards Achievement Test. | 14 | | "Overcrowded school" means a public school in a school | 15 | | district organized under Article 34 of this Code that (i) | 16 | | enrolls students in any of grades kindergarten through 8, (ii) | 17 | | has a percentage of low-income students of 70% or more, as | 18 | | identified in the most recently available School Report Card | 19 | | published by the State Board of Education, and (iii) is | 20 | | determined by the Chicago Board of Education to be in the most | 21 | | severely overcrowded 5% of schools in the district. On or | 22 | | before November 1 of each year, the Chicago Board of Education | 23 | | shall file a report with the State Board of Education on which | 24 | | schools in the district meet the definition of "overcrowded | 25 | | school". | 26 | | (Source: P.A. 96-105, eff. 7-30-09.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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