Full Text of SB1311 97th General Assembly
SB1311ham003 97TH GENERAL ASSEMBLY | Rep. Barbara Flynn Currie Filed: 11/29/2011
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| 1 | | AMENDMENT TO SENATE BILL 1311
| 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:
| 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.
| 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:
| 18 | | (725 ILCS 210/4.10) (from Ch. 14, par. 204.10)
| 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
| 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.
| 25 | | (Source: P.A. 84-1340.)".
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