Full Text of HB3112 98th General Assembly
HB3112enr 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 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 120. Not more | 18 | | than 70 charter
schools
shall operate at any one time in any | 19 | | city having a population exceeding
500,000, with at least 5 | 20 | | charter schools devoted exclusively to students from | 21 | | low-performing or overcrowded schools operating at any one time | 22 | | in that city; and not more than 45
charter schools shall | 23 | | operate at any one time in the remainder of the State, with not
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| 1 | | more than one charter school that
has been initiated by a board | 2 | | of education, or
by an intergovernmental agreement between or | 3 | | among boards of education,
operating at any one
time in the | 4 | | school district where the charter school is located. In | 5 | | addition to these charter schools, up to but no more than 5 | 6 | | charter schools devoted exclusively to re-enrolled high school | 7 | | dropouts and/or students 16 or 15 years old at risk of dropping | 8 | | out may operate at any one time in any city having a population | 9 | | exceeding 500,000. Notwithstanding any provision to the | 10 | | contrary in subsection (b) of Section 27A-5 of this Code, each | 11 | | such dropout charter may operate up to 15 campuses within the | 12 | | city. Any of these dropout charters may have a maximum of 1,875 | 13 | | enrollment seats, any one of the campuses of the dropout | 14 | | charter may have a maximum of 165 enrollment seats, and each | 15 | | campus of the dropout charter must be operated, through a | 16 | | contract or payroll, by the same legal entity as that for which | 17 | | the charter is approved and certified.
| 18 | | For purposes of implementing this Section, the State Board | 19 | | shall assign a
number to each charter submission it receives | 20 | | under Section 27A-6 for its
review and certification, based on | 21 | | the chronological order in which the
submission is received by | 22 | | it. The State Board shall promptly notify local
school boards | 23 | | when the maximum numbers of certified charter schools | 24 | | authorized
to operate have been reached.
| 25 | | (c) No charter shall be granted under this Article that | 26 | | would convert any
existing private, parochial, or non-public |
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| 1 | | school to a charter school.
| 2 | | (d) Enrollment in a charter school shall be open to any | 3 | | pupil who resides
within the geographic boundaries of the area | 4 | | served by the local school board, provided that the board of | 5 | | education in a city having a population exceeding 500,000 may | 6 | | designate attendance boundaries for no more than one-third of | 7 | | the charter schools permitted in the city if the board of | 8 | | education determines that attendance boundaries are needed to | 9 | | relieve overcrowding or to better serve low-income and at-risk | 10 | | students. Students residing within an attendance boundary may | 11 | | be given priority for enrollment, but must not be required to | 12 | | attend the charter school.
| 13 | | (e) Nothing in this Article shall prevent 2 or more local | 14 | | school boards from
jointly
issuing a charter to a single shared | 15 | | charter school, provided that all of the
provisions of this | 16 | | Article are met as to those local school boards.
| 17 | | (f) No local school board shall require any employee of the | 18 | | school district
to be employed in a charter school.
| 19 | | (g) No local school board shall require any pupil residing | 20 | | within the
geographic boundary of its district to enroll in a | 21 | | charter school.
| 22 | | (h) If there are more eligible applicants for enrollment in | 23 | | a charter school
than there are spaces available, successful | 24 | | applicants shall be selected by
lottery. However, priority | 25 | | shall be given to siblings of pupils enrolled in
the charter | 26 | | school and to pupils who were enrolled in the charter school |
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| 1 | | the
previous school year, unless expelled for cause, and | 2 | | priority may be given to pupils residing within the charter | 3 | | school's attendance boundary, if a boundary has been designated | 4 | | by the board of education in a city having a population | 5 | | exceeding 500,000. Dual enrollment at both a
charter school and | 6 | | a public school or non-public school shall not be allowed.
A | 7 | | pupil who is suspended or expelled from a charter school shall | 8 | | be deemed to
be suspended or expelled from the public schools | 9 | | of the school district in
which the pupil resides. | 10 | | Notwithstanding anything to the contrary in this subsection | 11 | | (h) : , | 12 | | (1) any charter school with a mission exclusive to | 13 | | educating high school dropouts may grant priority | 14 | | admission to students who are high school dropouts and/or | 15 | | students 16 or 15 years old at risk of dropping out and any | 16 | | charter school with a mission exclusive to educating | 17 | | students from low-performing or overcrowded schools may | 18 | | restrict admission to students who are from low-performing | 19 | | or overcrowded schools ; "priority admission" . "Priority | 20 | | admission" for charter schools exclusively devoted to | 21 | | re-enrolled dropouts or students at risk of dropping out | 22 | | means a minimum of 90% of students enrolled shall be high | 23 | | school dropouts ; and .
| 24 | | (2) any charter school located in a school district | 25 | | that contains all or part of a federal military base may | 26 | | set aside up to 33% of its current charter enrollment to |
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| 1 | | students with parents assigned to the federal military | 2 | | base, with the remaining 67% subject to the general | 3 | | enrollment and lottery requirements of subsection (d) of | 4 | | this Section and this subsection (h); if a student with a | 5 | | parent assigned to the federal military base withdraws from | 6 | | the charter school during the course of a school year for | 7 | | reasons other than grade promotion, those students with | 8 | | parents assigned to the federal military base shall have | 9 | | preference in filling the vacancy. | 10 | | (i) (Blank).
| 11 | | (j) Notwithstanding any other provision of law to the | 12 | | contrary, a
school district in a city having a population | 13 | | exceeding 500,000 shall not
have a duty to collectively bargain | 14 | | with an exclusive representative of its
employees over | 15 | | decisions to grant or deny a charter school proposal
under | 16 | | Section 27A-8 of this Code, decisions to renew or revoke a | 17 | | charter
under Section 27A-9 of this Code, and the impact of | 18 | | these decisions,
provided that nothing in this Section shall | 19 | | have the effect of negating,
abrogating, replacing, reducing, | 20 | | diminishing, or limiting in any way
employee rights, | 21 | | guarantees, or privileges granted in Sections 2, 3, 7, 8,
10, | 22 | | 14, and 15 of the Illinois Educational Labor Relations Act.
| 23 | | (k) In this Section: | 24 | | "Low-performing school" means a public school in a school | 25 | | district organized under Article 34 of this Code that enrolls | 26 | | students in any of grades kindergarten through 8 and that is |
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| 1 | | ranked within the lowest 10% of schools in that district in | 2 | | terms of the percentage of students meeting or exceeding | 3 | | standards on the Illinois Standards Achievement Test. | 4 | | "Overcrowded school" means a public school in a school | 5 | | district organized under Article 34 of this Code that (i) | 6 | | enrolls students in any of grades kindergarten through 8, (ii) | 7 | | has a percentage of low-income students of 70% or more, as | 8 | | identified in the most recently available School Report Card | 9 | | published by the State Board of Education, and (iii) is | 10 | | determined by the Chicago Board of Education to be in the most | 11 | | severely overcrowded 5% of schools in the district. On or | 12 | | before November 1 of each year, the Chicago Board of Education | 13 | | shall file a report with the State Board of Education on which | 14 | | schools in the district meet the definition of "overcrowded | 15 | | school". "Students at risk of dropping out" means students 16 | 16 | | or 15 years old in a public school in a district organized | 17 | | under Article 34 of this Code that enrolls students in any | 18 | | grades 9-12 who have been absent at least 90 school attendance | 19 | | days of the previous 180 school attendance days. | 20 | | (Source: P.A. 96-105, eff. 7-30-09; 97-151, eff. 1-1-12; | 21 | | 97-624, eff. 11-28-11; 97-813, eff. 7-13-12.)
| 22 | | Section 99. Effective date. This Act takes effect July 1, | 23 | | 2013.
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