Full Text of SB3081 98th General Assembly
SB3081eng 98TH GENERAL ASSEMBLY |
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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 Sections | 5 | | 27A-6 and 27A-7 as follows:
| 6 | | (105 ILCS 5/27A-6)
| 7 | | Sec. 27A-6. Contract contents; applicability of laws and | 8 | | regulations.
| 9 | | (a) A certified charter shall constitute a binding contract | 10 | | and agreement
between
the charter school and a local school | 11 | | board under the terms of which the local
school board | 12 | | authorizes the governing body of the charter school to operate | 13 | | the
charter
school on the terms specified in the contract.
| 14 | | (b) Notwithstanding any other provision of this Article, | 15 | | the certified
charter
may
not waive or release the charter | 16 | | school from the State goals, standards, and
assessments | 17 | | established pursuant to Section 2-3.64.
Beginning with the | 18 | | 2003-2004 school year, the certified charter for a charter
| 19 | | school operating in a city having a population exceeding | 20 | | 500,000 shall
require the charter school to administer any | 21 | | other nationally recognized
standardized tests to its students | 22 | | that the chartering entity administers to
other
students, and | 23 | | the results on such tests shall be included in the
chartering |
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| 1 | | entity's assessment reports.
| 2 | | (c) Subject to the provisions of subsection (e), a material | 3 | | revision to a
previously certified contract or a renewal shall | 4 | | be made with
the approval of both the local school board and | 5 | | the governing body of the
charter school.
| 6 | | (c-5) The proposed contract shall include a provision on | 7 | | how both parties
will address minor violations of the contract.
| 8 | | (d) The proposed contract between the governing body of a | 9 | | proposed charter
school and the local school board as described | 10 | | in Section 27A-7 must be
submitted to and certified by the | 11 | | State Board before it can take effect. If
the State Board | 12 | | recommends that the proposed contract be modified for
| 13 | | consistency with this Article before it can be certified, the | 14 | | modifications
must be consented to by both the governing body | 15 | | of
the charter school and the local school board, and | 16 | | resubmitted to the State
Board for its certification. If the | 17 | | proposed contract is resubmitted in a form
that is not | 18 | | consistent with this Article, the State
Board may refuse to | 19 | | certify the charter.
| 20 | | The State Board shall assign a number to each submission or | 21 | | resubmission in
chronological order of receipt, and shall | 22 | | determine whether the proposed
contract is consistent with the | 23 | | provisions of this Article. If the proposed
contract complies, | 24 | | the State Board shall so certify.
| 25 | | (e) No renewal of a previously certified contract is | 26 | | effective unless and until the State Board certifies that the |
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| 1 | | renewal is consistent with the provisions of this Article. A | 2 | | material revision to a previously certified contract may go | 3 | | into effect immediately upon approval of both the local school | 4 | | board and the governing body of the charter school, unless | 5 | | either party requests in writing that the State Board certify | 6 | | that the material revision is consistent with the provisions of | 7 | | this Article. If such a request is made, the proposed material | 8 | | revision is not effective unless and until the State Board so | 9 | | certifies. No material revision to a previously certified | 10 | | contract or a renewal
shall be effective unless and until the | 11 | | State Board certifies that the revision
or renewal is | 12 | | consistent with the provisions of this Article.
| 13 | | (Source: P.A. 93-3, eff. 4-16-03.)
| 14 | | (105 ILCS 5/27A-7)
| 15 | | Sec. 27A-7. Charter submission.
| 16 | | (a) A proposal to establish a charter school shall be | 17 | | submitted to the
State Board and the local school board in the | 18 | | form of a proposed contract
entered
into between the local | 19 | | school board and the governing body of a proposed
charter | 20 | | school. The
charter school proposal as submitted to the State | 21 | | Board shall include:
| 22 | | (1) The name of the proposed charter school, which must | 23 | | include the words
"Charter School".
| 24 | | (2) The age or grade range, areas of focus, minimum and | 25 | | maximum numbers of
pupils to be enrolled in the charter |
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| 1 | | school, and any other admission criteria
that would be | 2 | | legal if used by a school district.
| 3 | | (3) A description of and address for the physical plant | 4 | | in which the
charter school will be located; provided that | 5 | | nothing in the Article shall be
deemed to justify delaying | 6 | | or withholding favorable action on or approval of a
charter | 7 | | school proposal because the building or buildings in which | 8 | | the charter
school is to be located have not been acquired | 9 | | or rented at the time a charter
school proposal is | 10 | | submitted or approved or a charter school contract is
| 11 | | entered
into or submitted for certification or certified, | 12 | | so long as the proposal or
submission identifies and names | 13 | | at least 2 sites that are potentially available
as a | 14 | | charter school facility by the time the charter school is | 15 | | to open.
| 16 | | (4) The mission statement of the charter school, which | 17 | | must be consistent
with the General Assembly's declared | 18 | | purposes; provided that nothing in this
Article shall be | 19 | | construed to require that, in order to receive favorable
| 20 | | consideration and approval, a charter school proposal | 21 | | demonstrate unequivocally
that the charter school will be | 22 | | able to meet each of those declared purposes,
it
being the | 23 | | intention of the Charter Schools Law that those purposes be
| 24 | | recognized as goals that
charter schools must aspire to | 25 | | attain.
| 26 | | (5) The goals, objectives, and pupil performance |
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| 1 | | standards to be achieved
by the charter school.
| 2 | | (6) In the case of a proposal to establish a charter | 3 | | school by
converting an existing public school or | 4 | | attendance center to charter school
status, evidence that | 5 | | the proposed formation of the charter school has received
| 6 | | the approval of certified teachers, parents
and
guardians, | 7 | | and, if applicable, a local school council as provided in
| 8 | | subsection
(b) of Section 27A-8.
| 9 | | (7) A description of the charter school's educational | 10 | | program, pupil
performance standards, curriculum, school | 11 | | year, school days, and hours of
operation.
| 12 | | (8) A description of the charter school's plan for | 13 | | evaluating pupil
performance, the types of assessments | 14 | | that will be used to measure pupil
progress towards | 15 | | achievement of the school's pupil performance standards, | 16 | | the
timeline for achievement of those standards, and the | 17 | | procedures for taking
corrective action in the event that | 18 | | pupil performance at the charter school
falls below those | 19 | | standards.
| 20 | | (9) Evidence that the terms of the charter as proposed | 21 | | are economically
sound
for both the charter school and the | 22 | | school district, a proposed budget for the
term of the | 23 | | charter, a description of the manner in which an annual
| 24 | | audit of the financial and administrative operations of the | 25 | | charter school,
including any services provided by the | 26 | | school district, are to be conducted,
and
a plan for the |
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| 1 | | displacement of pupils, teachers, and other employees who | 2 | | will
not attend or be employed in the charter school.
| 3 | | (10) A description of the governance and operation of | 4 | | the charter school,
including the nature and extent of | 5 | | parental, professional educator, and
community involvement | 6 | | in the governance and operation of the charter school.
| 7 | | (11) An explanation of the relationship that will exist | 8 | | between the
charter school and its employees, including | 9 | | evidence that the terms and
conditions of employment have | 10 | | been addressed with affected employees and their
| 11 | | recognized representative, if any. However, a bargaining | 12 | | unit of charter
school employees shall be separate and
| 13 | | distinct from any bargaining units formed from employees of | 14 | | a school district
in
which the charter school is located.
| 15 | | (12) An agreement between the parties regarding their | 16 | | respective
legal liability and applicable insurance | 17 | | coverage.
| 18 | | (13) A description of how the charter school plans to | 19 | | meet the
transportation needs of its pupils, and a plan for | 20 | | addressing the
transportation needs
of low-income and | 21 | | at-risk pupils.
| 22 | | (14) The proposed effective date and term of the | 23 | | charter; provided that
the
first day of the first academic | 24 | | year and the first day of the fiscal year
shall be no | 25 | | earlier than August 15 and no later than September 15 of a
| 26 | | calendar year , and the first day of the fiscal year shall |
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| 1 | | be July 1 .
| 2 | | (15) Any other information reasonably required by the | 3 | | State Board of
Education.
| 4 | | (b) A proposal to establish a charter school may be | 5 | | initiated by individuals
or organizations that will have
| 6 | | majority representation on the board of directors or other | 7 | | governing body of
the corporation or other discrete legal | 8 | | entity that is to be established to
operate the proposed | 9 | | charter school, by a board of education or an
intergovernmental | 10 | | agreement between or among boards of education, or by the
board | 11 | | of directors or other
governing body of a discrete legal entity | 12 | | already existing or established to
operate the proposed
charter | 13 | | school. The individuals or organizations referred to in this
| 14 | | subsection may be school teachers, school administrators, | 15 | | local school
councils, colleges or
universities or their | 16 | | faculty
members, public community colleges or their | 17 | | instructors or other
representatives, corporations, or other | 18 | | entities or their
representatives. The proposal shall be
| 19 | | submitted to the local school board for consideration and, if
| 20 | | appropriate, for
development of a proposed contract to be | 21 | | submitted to the State Board for
certification under
Section | 22 | | 27A-6.
| 23 | | (c) The local school board may not without the consent of | 24 | | the governing body
of the charter school condition its approval | 25 | | of a charter school proposal on
acceptance of an agreement to | 26 | | operate under State laws and regulations and
local school board |
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| 1 | | policies from which the charter school is otherwise exempted
| 2 | | under this Article.
| 3 | | (Source: P.A. 90-548, eff. 1-1-98; 91-405, eff. 8-3-99.)
| 4 | | Section 99. Effective date. This Act takes effect July 1, | 5 | | 2014.
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