Full Text of HB6005 098th General Assembly
HB6005eng 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-4, 27A-11, and 27A-12 and by adding Sections 27A-10.5 and | 6 | | 27A-11.10 as follows:
| 7 | | (105 ILCS 5/27A-4)
| 8 | | Sec. 27A-4. General Provisions.
| 9 | | (a) The General Assembly does not intend to alter or amend | 10 | | the provisions
of any court-ordered desegregation plan in | 11 | | effect for any school district. A
charter school shall be | 12 | | subject to all federal and State laws and
constitutional | 13 | | provisions prohibiting discrimination on the basis of
| 14 | | disability, race, creed, color, gender, national origin, | 15 | | religion, ancestry,
marital status, or need for special | 16 | | education services.
| 17 | | (b) The total number of charter schools operating under | 18 | | this Article at any
one time shall not exceed 120. Not more | 19 | | than 70 charter
schools
shall operate at any one time in any | 20 | | city having a population exceeding
500,000, with at least 5 | 21 | | charter schools devoted exclusively to students from | 22 | | low-performing or overcrowded schools operating at any one time | 23 | | in that city; and not more than 45
charter schools shall |
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| 1 | | operate at any one time in the remainder of the State, with not
| 2 | | more than one charter school that
has been initiated by a board | 3 | | of education, or
by an intergovernmental agreement between or | 4 | | among boards of education,
operating at any one
time in the | 5 | | school district where the charter school is located. In | 6 | | addition to these charter schools, up to but no more than 5 | 7 | | charter schools devoted exclusively to re-enrolled high school | 8 | | dropouts and/or students 16 or 15 years old at risk of dropping | 9 | | out may operate at any one time in any city having a population | 10 | | exceeding 500,000. Notwithstanding any provision to the | 11 | | contrary in subsection (b) of Section 27A-5 of this Code, each | 12 | | such dropout charter may operate up to 15 campuses within the | 13 | | city. Any of these dropout charters may have a maximum of 1,875 | 14 | | enrollment seats, any one of the campuses of the dropout | 15 | | charter may have a maximum of 165 enrollment seats, and each | 16 | | campus of the dropout charter must be operated, through a | 17 | | contract or payroll, by the same legal entity as that for which | 18 | | the charter is approved and certified.
| 19 | | For purposes of implementing this Section, the State Board | 20 | | shall assign a
number to each charter submission it receives | 21 | | under Section 27A-6 for its
review and certification, based on | 22 | | the chronological order in which the
submission is received by | 23 | | it. The State Board shall promptly notify local
school boards | 24 | | when the maximum numbers of certified charter schools | 25 | | authorized
to operate have been reached.
| 26 | | (c) No charter shall be granted under this Article that |
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| 1 | | would convert any
existing private, parochial, or non-public | 2 | | school to a charter school.
| 3 | | (d) Enrollment in a charter school shall be open to any | 4 | | pupil who resides
within the geographic boundaries of the area | 5 | | served by the local school board, provided that the board of | 6 | | education in a city having a population exceeding 500,000 may | 7 | | designate attendance boundaries for no more than one-third of | 8 | | the charter schools permitted in the city if the board of | 9 | | education determines that attendance boundaries are needed to | 10 | | relieve overcrowding or to better serve low-income and at-risk | 11 | | students. Students residing within an attendance boundary may | 12 | | be given priority for enrollment, but must not be required to | 13 | | attend the charter school.
| 14 | | (e) Nothing in this Article shall prevent 2 or more local | 15 | | school boards from
jointly
issuing a charter to a single shared | 16 | | charter school, provided that all of the
provisions of this | 17 | | Article are met as to those local school boards.
| 18 | | (f) No local school board shall require any employee of the | 19 | | school district
to be employed in a charter school.
| 20 | | (g) No local school board shall require any pupil residing | 21 | | within the
geographic boundary of its district to enroll in a | 22 | | charter school.
| 23 | | (h) If there are more eligible applicants for enrollment in | 24 | | a charter school
than there are spaces available, successful | 25 | | applicants shall be selected by
lottery , which lottery must be | 26 | | administered by the authorizer . However, priority shall be |
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| 1 | | given to siblings of pupils enrolled in
the charter school and | 2 | | to pupils who were enrolled in the charter school the
previous | 3 | | school year, unless expelled for cause, and priority may be | 4 | | given to pupils residing within the charter school's attendance | 5 | | boundary, if a boundary has been designated by the board of | 6 | | education in a city having a population exceeding 500,000. A | 7 | | charter school waiting list must be centrally administered by | 8 | | the authorizer. A charter school may not create any admissions | 9 | | process subsequent to a lottery. In the event that a student | 10 | | transfers from a charter school, the authorizer shall inform | 11 | | the next parent or guardian on the waiting list. Dual | 12 | | enrollment at both a
charter school and a public school or | 13 | | non-public school shall not be allowed.
A pupil who is | 14 | | suspended or expelled from a charter school shall be deemed to
| 15 | | be suspended or expelled from the public schools of the school | 16 | | district in
which the pupil resides. Notwithstanding anything | 17 | | to the contrary in this subsection (h): | 18 | | (1) any charter school with a mission exclusive to | 19 | | educating high school dropouts may grant priority | 20 | | admission to students who are high school dropouts and/or | 21 | | students 16 or 15 years old at risk of dropping out and any | 22 | | charter school with a mission exclusive to educating | 23 | | students from low-performing or overcrowded schools may | 24 | | restrict admission to students who are from low-performing | 25 | | or overcrowded schools; "priority admission" for charter | 26 | | schools exclusively devoted to re-enrolled dropouts or |
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| 1 | | students at risk of dropping out means a minimum of 90% of | 2 | | students enrolled shall be high school dropouts; and
| 3 | | (2) any charter school located in a school district | 4 | | that contains all or part of a federal military base may | 5 | | set aside up to 33% of its current charter enrollment to | 6 | | students with parents assigned to the federal military | 7 | | base, with the remaining 67% subject to the general | 8 | | enrollment and lottery requirements of subsection (d) of | 9 | | this Section and this subsection (h); if a student with a | 10 | | parent assigned to the federal military base withdraws from | 11 | | the charter school during the course of a school year for | 12 | | reasons other than grade promotion, those students with | 13 | | parents assigned to the federal military base shall have | 14 | | preference in filling the vacancy. | 15 | | (i) (Blank).
| 16 | | (j) Notwithstanding any other provision of law to the | 17 | | contrary, a
school district in a city having a population | 18 | | exceeding 500,000 shall not
have a duty to collectively bargain | 19 | | with an exclusive representative of its
employees over | 20 | | decisions to grant or deny a charter school proposal
under | 21 | | Section 27A-8 of this Code, decisions to renew or revoke a | 22 | | charter
under Section 27A-9 of this Code, and the impact of | 23 | | these decisions,
provided that nothing in this Section shall | 24 | | have the effect of negating,
abrogating, replacing, reducing, | 25 | | diminishing, or limiting in any way
employee rights, | 26 | | guarantees, or privileges granted in Sections 2, 3, 7, 8,
10, |
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| 1 | | 14, and 15 of the Illinois Educational Labor Relations Act.
| 2 | | (k) In this Section: | 3 | | "Low-performing school" means a public school in a school | 4 | | district organized under Article 34 of this Code that enrolls | 5 | | students in any of grades kindergarten through 8 and that is | 6 | | ranked within the lowest 10% of schools in that district in | 7 | | terms of the percentage of students meeting or exceeding | 8 | | standards on the Illinois Standards Achievement Test. | 9 | | "Overcrowded school" means a public school in a school | 10 | | district organized under Article 34 of this Code that (i) | 11 | | enrolls students in any of grades kindergarten through 8, (ii) | 12 | | has a percentage of low-income students of 70% or more, as | 13 | | identified in the most recently available School Report Card | 14 | | published by the State Board of Education, and (iii) is | 15 | | determined by the Chicago Board of Education to be in the most | 16 | | severely overcrowded 5% of schools in the district. On or | 17 | | before November 1 of each year, the Chicago Board of Education | 18 | | shall file a report with the State Board of Education on which | 19 | | schools in the district meet the definition of "overcrowded | 20 | | school". "Students at risk of dropping out" means students 16 | 21 | | or 15 years old in a public school in a district organized | 22 | | under Article 34 of this Code that enrolls students in any | 23 | | grades 9-12 who have been absent at least 90 school attendance | 24 | | days of the previous 180 school attendance days. | 25 | | (Source: P.A. 97-151, eff. 1-1-12; 97-624, eff. 11-28-11; | 26 | | 97-813, eff. 7-13-12; 98-474, eff. 8-16-13.)
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| 1 | | (105 ILCS 5/27A-10.5 new) | 2 | | Sec. 27A-10.5. Educational or charter management | 3 | | organization. | 4 | | (a) In this Section: | 5 | | "CMO" means a charter management organization. | 6 | | "EMO" means an educational management organization. | 7 | | (b) A charter school established on or after the effective | 8 | | date of this amendatory Act of the 98th General Assembly may | 9 | | not enter into a contract with a for-profit EMO or CMO. | 10 | | (c) All equipment, furnishings, and physical plants that | 11 | | are purchased with public funds are the property of the charter | 12 | | school, not the EMO or CMO. In the event a charter school is | 13 | | dissolved, such property must be transferred to the authorizer. | 14 | | (d) No charter school may employ a staff person who is | 15 | | simultaneously employed by an EMO or CMO.
| 16 | | (105 ILCS 5/27A-11)
| 17 | | Sec. 27A-11. Local financing.
| 18 | | (a) For purposes of the School Code, pupils enrolled in a | 19 | | charter school
shall be included in the pupil enrollment of the | 20 | | school district within which
the
pupil resides. Each charter | 21 | | school (i) shall determine the school district in
which each | 22 | | pupil who is enrolled in the charter school resides,
(ii) shall
| 23 | | report the aggregate number of pupils resident of a school | 24 | | district who are
enrolled in the charter school to the school |
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| 1 | | district in which those pupils
reside, and (iii) shall maintain | 2 | | accurate records of daily attendance that
shall be deemed | 3 | | sufficient to file claims under Section 18-8 notwithstanding
| 4 | | any other requirements of that Section regarding hours of | 5 | | instruction and
teacher certification.
| 6 | | (b) Except for a charter school established by referendum | 7 | | under Section
27A-6.5, as part of a charter school contract, | 8 | | the charter school and the
local
school board shall agree on | 9 | | funding and any services to be provided by the
school district | 10 | | to the charter school.
Agreed funding that a charter school is | 11 | | to receive from the local school
board for a school year shall | 12 | | be paid in
equal quarterly installments with the payment of the
| 13 | | installment for the first quarter being made not later than | 14 | | July 1, unless the
charter establishes a different payment | 15 | | schedule.
| 16 | | All services centrally or otherwise provided by the school | 17 | | district
including, but not limited to, rent, food services, | 18 | | custodial services,
maintenance,
curriculum, media services, | 19 | | libraries, transportation, and warehousing shall be
subject to
| 20 | | negotiation between a charter school and the local school board | 21 | | and paid
for out
of the revenues negotiated pursuant to this | 22 | | subsection (b); provided that the
local school board shall not | 23 | | attempt, by negotiation or otherwise, to obligate
a charter | 24 | | school to provide pupil transportation for pupils for whom a | 25 | | district
is not required to provide transportation under the | 26 | | criteria set forth in
subsection (a)(13) of Section 27A-7.
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| 1 | | In no event shall the funding be less than 75% or more than
| 2 | | 125% of the
school district's per capita student tuition | 3 | | multiplied by
the
number of students residing in the district | 4 | | who are enrolled in the charter
school.
| 5 | | It is the intent of the General Assembly that funding and | 6 | | service agreements
under this subsection (b) shall be neither a | 7 | | financial incentive nor a
financial disincentive to the | 8 | | establishment of a charter school.
| 9 | | The charter school may set and collect reasonable fees. | 10 | | Fees collected
from students enrolled at a charter school shall | 11 | | be retained
by the charter school.
| 12 | | (c) Notwithstanding subsection (b) of this Section, the | 13 | | proportionate share
of State and federal resources generated by | 14 | | students with disabilities or staff
serving them shall be | 15 | | directed to charter schools enrolling those students by
their | 16 | | school districts or administrative units. The proportionate | 17 | | share of
moneys generated under other federal or State | 18 | | categorical aid programs shall be
directed to charter schools | 19 | | serving students eligible for that aid.
| 20 | | (d) The governing body of a charter school is authorized to | 21 | | accept
gifts,
donations, or grants of any kind made to the | 22 | | charter school and to expend or
use gifts, donations, or grants | 23 | | in accordance with the conditions prescribed by
the donor; | 24 | | however, a gift, donation, or grant may not be accepted by the
| 25 | | governing body if it is subject to any condition contrary to | 26 | | applicable law or
contrary
to the terms of the contract between |
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| 1 | | the charter school and the local school
board. Charter schools | 2 | | shall be encouraged to solicit and utilize community
volunteer | 3 | | speakers and other instructional resources when providing | 4 | | instruction
on the Holocaust and other historical events.
| 5 | | (e) (Blank).
| 6 | | (f) The State Board shall provide technical assistance to
| 7 | | persons and groups
preparing or revising charter applications.
| 8 | | (g) At the non-renewal or revocation of its charter, each
| 9 | | charter school
shall refund to the local board of education all | 10 | | unspent funds.
| 11 | | If a charter school student transfers from the charter | 12 | | school to another school in the same school district or to a | 13 | | school in a different school district, the charter school shall | 14 | | pay to the school district where the charter school is located | 15 | | the prorated portion of public funding provided for the | 16 | | education of that student. The charter school shall make this | 17 | | payment on or before June 30. | 18 | | (h) A charter school is authorized to incur temporary, | 19 | | short
term debt to
pay operating expenses in anticipation of | 20 | | receipt of funds from the local
school board.
| 21 | | (Source: P.A. 90-548, eff. 1-1-98; 90-757, eff. 8-14-98; | 22 | | 91-407, eff.
8-3-99.)
| 23 | | (105 ILCS 5/27A-11.10 new) | 24 | | Sec. 27A-11.10. Proper use of funds. | 25 | | (a) Any and all marketing and advertising to the public for |
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| 1 | | charter school enrollment and recruitment made by a charter | 2 | | school or school district is prohibited. Any third party | 3 | | conducting such advertising may not use funds from any public | 4 | | entity of this State, including a charter school, to do so. | 5 | | (b) No school district may promote one set of schools over | 6 | | other sets of schools, and information about public school | 7 | | choice options provided by the school district shall include | 8 | | information on all public schools. | 9 | | (c) No chief executive officer of a charter school shall | 10 | | receive compensation greater than 80% of the compensation of | 11 | | the superintendent of schools of the school district where the | 12 | | charter school is located. No charter school principal may | 13 | | receive compensation greater than 10% more than the average | 14 | | compensation for principals in the school district where the | 15 | | charter school is located. A charter school shall include these | 16 | | prohibitions in any contract with an educational or charter | 17 | | management organization. | 18 | | (d) Charters schools that have a one-fifth greater share of | 19 | | their spending on administration than the share that the school | 20 | | district where the charter school is located devotes to central | 21 | | and school administration are subject to audit by the Auditor | 22 | | General. Such an audit shall examine without limitation | 23 | | contracts with educational or charter management | 24 | | organizations, vendor contracts, and the use of shared | 25 | | administration with school districts. The audit report shall | 26 | | make recommendations lowering the share of spending going |
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| 1 | | toward administration.
| 2 | | (105 ILCS 5/27A-12)
| 3 | | Sec. 27A-12. Evaluation and assessment ; reporting report . | 4 | | (a) On or before September 30 of every odd-numbered year, | 5 | | all local school boards with at least one charter school, as | 6 | | well as the Commission, shall submit to the State Board any | 7 | | information required by the State Board pursuant to applicable | 8 | | rule. On or before the second Wednesday in January of every | 9 | | even-numbered year, the State Board shall issue a report to the | 10 | | General Assembly and the Governor on its findings for the | 11 | | previous 2 school years. The State Board's report shall | 12 | | summarize all of the following: | 13 | | (1) The authorizer's strategic vision for chartering | 14 | | and progress toward achieving that vision. | 15 | | (2) The academic and financial performance of all | 16 | | operating charter schools overseen by the authorizer, | 17 | | according to the performance expectations for charter | 18 | | schools set forth in this Article. | 19 | | (3) The status of the authorizer's charter school | 20 | | portfolio, identifying all charter schools in each of the | 21 | | following categories: approved (but not yet open), | 22 | | operating, renewed, transferred, revoked, not renewed, | 23 | | voluntarily closed, or never opened. | 24 | | (4) The authorizing functions provided by the | 25 | | authorizer to the charter schools under its purview, |
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| 1 | | including the authorizer's operating costs and expenses | 2 | | detailed in annual audited financial statements, which | 3 | | must conform with generally accepted accounting | 4 | | principles.
| 5 | | Further, in the report required by this Section, the State
| 6 | | Board (i) shall
compare the performance of charter school | 7 | | pupils with the performance of
ethnically and economically | 8 | | comparable groups of pupils in other public schools
who are | 9 | | enrolled in academically comparable courses,
(ii) shall review | 10 | | information regarding the regulations and policies from
which
| 11 | | charter schools were released to determine if the exemptions | 12 | | assisted or
impeded
the charter schools in meeting their stated | 13 | | goals and objectives, and (iii)
shall
include suggested changes | 14 | | in State law necessary to strengthen charter schools.
| 15 | | (b) In addition, the State Board shall undertake and report | 16 | | on periodic
evaluations of charter schools that include | 17 | | evaluations of student academic
achievement, the extent to | 18 | | which charter schools are accomplishing their
missions
and | 19 | | goals, the sufficiency of funding for charter schools, and the | 20 | | need for
changes in the approval process for charter schools.
| 21 | | The State Board, at 5-year intervals, shall complete an | 22 | | assessment of the impact of charter schools on the school | 23 | | system, including the flow of funding between sectors, student | 24 | | enrollment impacts, charter graduation rates, and student | 25 | | attrition rates, and an assessment of whether different | 26 | | categories of students are being equitably and fully served. |
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| 1 | | (c) Based on the information that the State Board receives | 2 | | from authorizers and the State Board's ongoing monitoring of | 3 | | both charter schools and authorizers, the State Board has the | 4 | | power to remove the power to authorize from any authorizer in | 5 | | this State if the authorizer does not demonstrate a commitment | 6 | | to high-quality authorization practices and, if necessary, | 7 | | revoke the chronically low-performing charters authorized by | 8 | | the authorizer at the time of the removal. The State Board | 9 | | shall adopt rules as needed to carry out this power, including | 10 | | provisions to determine the status of schools authorized by an | 11 | | authorizer whose authorizing power is revoked. | 12 | | (d) Charter schools found out of compliance with any | 13 | | reporting required under this Article shall have their share of | 14 | | general State aid under Section 18-8.05 of this Code withheld | 15 | | and prorated until the reporting is completed. | 16 | | (Source: P.A. 96-105, eff. 7-30-09; 97-152, eff. 7-20-11.)
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