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92_SB1983ham003 LRB9216031NTpkam08 1 AMENDMENT TO SENATE BILL 1983 2 AMENDMENT NO. . Amend Senate Bill 1983, AS AMENDED, 3 in Section 5, in the introductory clause, by replacing "and 4 14C-4" with "14C-4, 27A-4, 27A-5, 27A-6, and 27A-10"; and 5 in Section 5, immediately below Sec. 14C-4, by inserting the 6 following: 7 "(105 ILCS 5/27A-4) 8 Sec. 27A-4. General Provisions. 9 (a) The General Assembly does not intend to alter or 10 amend the provisions of any court-ordered desegregation plan 11 in 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 6045. Not 19 more than 3015charter schools shall operate at any one time 20 in any city having a population exceeding 500,000; not more 21 than 15 charter schools shall operate at any one time in the 22 counties of DuPage, Kane, Lake, McHenry, Will, and that -2- LRB9216031NTpkam08 1 portion of Cook County that is located outside a city having 2 a population exceeding 500,000, with not more than one 3 charter school that has been initiated by a board of 4 education, or by an intergovernmental agreement between or 5 among boards of education, operating at any one time in the 6 school district where the charter school is located; and not 7 more than 15 charter schools shall operate at any one time in 8 the remainder of the State, with not more than one charter 9 school that has been initiated by a board of education, or by 10 an intergovernmental agreement between or among boards of 11 education, operating at any one time in the school district 12 where the charter school is located. 13 For purposes of implementing this Section, the State 14 Board shall assign a number to each charter submission it 15 receives under Section 27A-6 for its review and 16 certification, based on the chronological order in which the 17 submission is received by it. The State Board shall promptly 18 notify local school boards when the maximum numbers of 19 certified charter schools authorized to operate have been 20 reached. 21 (c) No charter shall be granted under this Article that 22 would convert any existing private, parochial, or non-public 23 school to a charter school. 24 (d) Enrollment in a charter school shall be open to any 25 pupil who resides within the geographic boundaries of the 26 area served by the local school board. 27 (e) Nothing in this Article shall prevent 2 or more 28 local school boards from jointly issuing a charter to a 29 single shared charter school, provided that all of the 30 provisions of this Article are met as to those local school 31 boards. 32 (f) No local school board shall require any employee of 33 the school district to be employed in a charter school. 34 (g) No local school board shall require any pupil -3- LRB9216031NTpkam08 1 residing within the geographic boundary of its district to 2 enroll in a charter school. 3 (h) If there are more eligible applicants for enrollment 4 in a charter school than there are spaces available, 5 successful applicants shall be selected by lottery. However, 6 priority shall be given to siblings of pupils enrolled in the 7 charter school and to pupils who were enrolled in the charter 8 school the previous school year, unless expelled for cause. 9 Dual enrollment at both a charter school and a public school 10 or non-public school shall not be allowed. A pupil who is 11 suspended or expelled from a charter school shall be deemed 12 to be suspended or expelled from the public schools of the 13 school district in which the pupil resides. 14 (i) (Blank). 15 (Source: P.A. 91-357, eff. 7-29-99; 91-405, eff. 8-3-99; 16 91-407, eff. 8-3-99; 92-16, eff. 6-28-01.) 17 (105 ILCS 5/27A-5) 18 Sec. 27A-5. Charter school; legal entity; requirements. 19 (a) A charter school shall be a public, nonsectarian, 20 nonreligious, non-home based, and non-profit school. A 21 charter school shall be organized and operated as a nonprofit 22 corporation or other discrete, legal, nonprofit entity 23 authorized under the laws of the State of Illinois. 24 (b) A charter school may be established under this 25 Article by creating a new school or by converting an existing 26 public school or attendance center to charter school status. 27 Beginning on the effective date of this amendatory Act of 28 the 92nd General Assembly, in all new applications submitted 29 to the State Board or a local school board to establish a 30 charter school, operation of a charter school shall be 31 limited to one campus. The changes made to this Section by 32 this amendatory Act of the 92nd General Assembly do not apply 33 to charter schools existing or approved on or before the -4- LRB9216031NTpkam08 1 effective date of this amendatory Act. 2 (c) A charter school shall be administered and governed 3 by its board of directors or other governing body in the 4 manner provided in its charter. The governing body of a 5 charter school shall be subject to the Freedom of Information 6 Act and the Open Meetings Act. 7 (d) A charter school shall comply with all applicable 8 health and safety requirements applicable to public schools 9 under the laws of the State of Illinois. 10 (e) Except as otherwise provided in the School Code, a 11 charter school shall not charge tuition; provided that a 12 charter school may charge reasonable fees for textbooks, 13 instructional materials, and student activities. 14 (f) A charter school shall be responsible for the 15 management and operation of its fiscal affairs including, but 16 not limited to, the preparation of its budget. An audit of 17 each charter school's finances shall be conducted annually by 18 an outside, independent contractor retained by the charter 19 school. 20 (g) A charter school shall comply with all provisions of 21 this Article and its charter. A charter school is exempt 22 from all other State laws and regulations in the School Code 23 governing public schools and local school board policies, 24 except the following: 25 (1) Sections 10-21.9 and 34-18.5 of the School Code 26 regarding criminal background investigations of 27 applicants for employment; 28 (2) Sections 24-24 and 34-84A of the School Code 29 regarding discipline of students; 30 (3) The Local Governmental and Governmental 31 Employees Tort Immunity Act; 32 (4) Section 108.75 of the General Not For Profit 33 Corporation Act of 1986 regarding indemnification of 34 officers, directors, employees, and agents; -5- LRB9216031NTpkam08 1 (5) The Abused and Neglected Child Reporting Act; 2 (6) The Illinois School Student Records Act; and 3 (7) Section 10-17a of the School Code regarding 4 school report cards. 5 (h) A charter school may negotiate and contract with a 6 school district, the governing body of a State college or 7 university or public community college, or any other public 8 or for-profit or nonprofit private entity for: (i) the use of 9 a school building and grounds or any other real property or 10 facilities that the charter school desires to use or convert 11 for use as a charter school site, (ii) the operation and 12 maintenance thereof, and (iii) the provision of any service, 13 activity, or undertaking that the charter school is required 14 to perform in order to carry out the terms of its charter. 15 However, a charter school may not contract with a for-profit 16 entity to manage or operate the school during the period that 17 commences on the effective date of this amendatory Act of the 18 92nd General Assembly and concludes at the end of the 19 2003-2004 school year. The changes made to this Section by 20 this amendatory Act of the 92nd General Assembly do not apply 21 to charter schools existing or approved on or before the 22 effective date of this amendatory Act. Except as provided in 23 subsection (i) of this Section, a school district may charge 24 a charter school reasonable rent for the use of the 25 district's buildings, grounds, and facilities. Any services 26 for which a charter school contracts with a school district 27 shall be provided by the district at cost. Any services for 28 which a charter school contracts with a local school board or 29 with the governing body of a State college or university or 30 public community college shall be provided by the public 31 entity at cost. 32 (i) In no event shall a charter school that is 33 established by converting an existing school or attendance 34 center to charter school status be required to pay rent for -6- LRB9216031NTpkam08 1 space that is deemed available, as negotiated and provided in 2 the charter agreement, in school district facilities. 3 However, all other costs for the operation and maintenance of 4 school district facilities that are used by the charter 5 school shall be subject to negotiation between the charter 6 school and the local school board and shall be set forth in 7 the charter. 8 (j) A charter school may limit student enrollment by age 9 or grade level. 10 (Source: P.A. 91-407, eff. 8-3-99.) 11 (105 ILCS 5/27A-6) 12 Sec. 27A-6. Contract contents; applicability of laws and 13 regulations. 14 (a) A certified charter shall constitute a binding 15 contract and agreement between the charter school and a local 16 school board under the terms of which the local school board 17 authorizes the governing body of the charter school to 18 operate the charter school on the terms specified in the 19 contract. 20 (b) Notwithstanding any other provision of this Article, 21 the certified charter may not waive or release the charter 22 school from the State goals, standards, and assessments 23 established pursuant to Section 2-3.64. Beginning with the 24 2002-2003 school year, the certified charter shall require 25 the charter school to administer any other nationally 26 recognized standardized tests to its students that the 27 chartering entity administers to other students, and the 28 results on such tests shall be included in the chartering 29 entity's assessment reports. 30 (c) Subject to the provisions of subsection (e), a 31 material revision to a previously certified contract or a 32 renewal shall be made with the approval of both the local 33 school board and the governing body of the charter school. -7- LRB9216031NTpkam08 1 (c-5) The proposed contract shall include a provision on 2 how both parties will address minor violations of the 3 contract. 4 (d) The proposed contract between the governing body of 5 a proposed charter school and the local school board as 6 described in Section 27A-7 must be submitted to and certified 7 by the State Board before it can take effect. If the State 8 Board recommends that the proposed contract be modified for 9 consistency with this Article before it can be certified, the 10 modifications must be consented to by both the governing body 11 of the charter school and the local school board, and 12 resubmitted to the State Board for its certification. If the 13 proposed contract is resubmitted in a form that is not 14 consistent with this Article, the State Board may refuse to 15 certify the charter. 16 The State Board shall assign a number to each submission 17 or resubmission in chronological order of receipt, and shall 18 determine whether the proposed contract is consistent with 19 the provisions of this Article. If the proposed contract 20 complies, the State Board shall so certify. 21 (e) No material revision to a previously certified 22 contract or a renewal shall be effective unless and until the 23 State Board certifies that the revision or renewal is 24 consistent with the provisions of this Article. 25 (Source: P.A. 91-407, eff. 8-3-99.) 26 (105 ILCS 5/27A-10) 27 Sec. 27A-10. Employees. 28 (a) A person shall be deemed to be employed by a charter 29 school unless a collective bargaining agreement or the 30 charter school contract otherwise provides. 31 (b) In all school districts, including special charter 32 districts and districts located in cities having a population 33 exceeding 500,000, the local school board shall determine by -8- LRB9216031NTpkam08 1 policy or by negotiated agreement, if one exists, the 2 employment status of any school district employees who are 3 employed by a charter school and who seek to return to 4 employment in the public schools of the district. Each local 5 school board shall grant, for a period of up to 5 years, a 6 leave of absence to those of its teachers who accept 7 employment with a charter school. At the end of the 8 authorized leave of absence, the teacher must return to the 9 school district or resign; provided, however, that if the 10 teacher chooses to return to the school district, the teacher 11 must be assigned to a position which requires the teacher's 12 certification and legal qualifications. The contractual 13 continued service status and retirement benefits of a teacher 14 of the district who is granted a leave of absence to accept 15 employment with a charter school shall not be affected by 16 that leave of absence. 17 (c) Charter schools shall employ in instructional 18 positions, as defined in the charter, individuals who are 19 certificated under Article 21 of thisthe SchoolCode or who 20 possess the following qualifications: 21 (i) graduated with a bachelor's degree from an 22 accredited institution of higher learning; 23 (ii) been employed for a period of at least 5 years 24 in an area requiring application of the individual's 25 education; 26 (iii) passed the tests of basic skills and subject 27 matter knowledge required by Section 21-1a of the School 28 Code; and 29 (iv) demonstrate continuing evidence of 30 professional growth which shall include, but not be 31 limited to, successful teaching experience, attendance at 32 professional meetings, membership in professional 33 organizations, additional credits earned at institutions 34 of higher learning, travel specifically for educational -9- LRB9216031NTpkam08 1 purposes, and reading of professional books and 2 periodicals. 3 Charter schools employing individuals without 4 certification in instructional positions shall provide such 5 mentoring, training, and staff development for those 6 individuals as the charter schools determine necessary for 7 satisfactory performance in the classroom. 8 Beginning with the 2005-2006 school year, at least 50% of 9 the individuals employed in instructional positions by a 10 charter school established on or after the effective date of 11 this amendatory Act of the 92nd General Assembly shall hold 12 teaching certificates issued under Article 21 of this Code. 13 Beginning with the 2005-2006 school year, at least 75% of 14 the individuals employed in instructional positions by a 15 charter school established before the effective date of this 16 amendatory Act of the 92nd General Assembly shall hold 17 teaching certificates issued under Article 21 of this Code. 18 Charter schools are exempt from any annual cap on new 19 participants in an alternative certification program. The 20 second and third phases of the alternative certification 21 program may be conducted and completed at the charter school, 22 and the alternative teaching certificate is valid for 4 years 23 or the length of the charter (or any extension of the 24 charter), whichever is longer. 25 Notwithstanding any other provisions of the School Code, 26 charter schools may employ non-certificated staff in all 27 other positions. 28 (d) A teacher at a charter school may resign his or her 29 position only if the teacher gives notice of resignation to 30 the charter school's governing body at least 60 days before 31 the end of the school term, and the resignation must take 32 effect immediately upon the end of the school term. 33 (Source: P.A. 89-450, eff. 4-10-96.)".