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| Public Act 093-0861 |
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AN ACT in relation to education.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The School Code is amended by changing Section | ||||
27A-4 as follows:
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(105 ILCS 5/27A-4)
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Sec. 27A-4. General Provisions.
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(a) The General Assembly does not intend to alter or amend | ||||
the provisions
of any court-ordered desegregation plan in | ||||
effect for any school district. A
charter school shall be | ||||
subject to all federal and State laws and
constitutional | ||||
provisions prohibiting discrimination on the basis of
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disability, race, creed, color, gender, national origin, | ||||
religion, ancestry,
marital status, or need for special | ||||
education services.
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(b) The total number of charter schools operating under | ||||
this Article at any
one time shall not exceed 60. Not more than | ||||
30 charter
schools
shall operate at any one time in any city | ||||
having a population exceeding
500,000; not more than 15
charter | ||||
schools shall operate at any one time in the counties of | ||||
DuPage, Kane,
Lake, McHenry, Will, and that portion of Cook | ||||
County that is located outside a
city having a population | ||||
exceeding 500,000, with not more than one
charter school that | ||||
has been initiated by a board of education, or
by an | ||||
intergovernmental agreement between or among boards of | ||||
education,
operating at any one time in the school district | ||||
where the charter school is
located; and not more than 15 | ||||
charter
schools shall operate at any one time in the remainder | ||||
of the State, with not
more than one charter school that
has | ||||
been initiated by a board of education, or
by an | ||||
intergovernmental agreement between or among boards of | ||||
education,
operating at any one
time in the school district | ||||
where the charter school is located.
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For purposes of implementing this Section, the State Board | ||
shall assign a
number to each charter submission it receives | ||
under Section 27A-6 for its
review and certification, based on | ||
the chronological order in which the
submission is received by | ||
it. The State Board shall promptly notify local
school boards | ||
when the maximum numbers of certified charter schools | ||
authorized
to operate have been reached.
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(c) No charter shall be granted under this Article that | ||
would convert any
existing private, parochial, or non-public | ||
school to a charter school.
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(d) Enrollment in a charter school shall be open to any | ||
pupil who resides
within the geographic boundaries of the area | ||
served by the local school board, provided that the board of | ||
education in a city having a population exceeding 500,000 may | ||
designate attendance boundaries for no more than one-third of | ||
the charter schools permitted in the city if the board of | ||
education determines that attendance boundaries are needed to | ||
relieve overcrowding or to better serve low-income and at-risk | ||
students. Students residing within an attendance boundary may | ||
be given priority for enrollment, but must not be required to | ||
attend the charter school.
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(e) Nothing in this Article shall prevent 2 or more local | ||
school boards from
jointly
issuing a charter to a single shared | ||
charter school, provided that all of the
provisions of this | ||
Article are met as to those local school boards.
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(f) No local school board shall require any employee of the | ||
school district
to be employed in a charter school.
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(g) No local school board shall require any pupil residing | ||
within the
geographic boundary of its district to enroll in a | ||
charter school.
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(h) If there are more eligible applicants for enrollment in | ||
a charter school
than there are spaces available, successful | ||
applicants shall be selected by
lottery. However, priority | ||
shall be given to siblings of pupils enrolled in
the charter | ||
school and to pupils who were enrolled in the charter school | ||
the
previous school year, unless expelled for cause, and | ||
priority may be given to pupils residing within the charter | ||
school's attendance boundary, if a boundary has been designated | ||
by the board of education in a city having a population | ||
exceeding 500,000. Dual enrollment at both a
charter school and | ||
a public school or non-public school shall not be allowed.
A | ||
pupil who is suspended or expelled from a charter school shall | ||
be deemed to
be suspended or expelled from the public schools | ||
of the school district in
which the pupil resides.
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(i) (Blank).
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(j) Notwithstanding any other provision of law to the | ||
contrary, a
school district in a city having a population | ||
exceeding 500,000 shall not
have a duty to collectively bargain | ||
with an exclusive representative of its
employees over | ||
decisions to grant or deny a charter school proposal
under | ||
Section 27A-8 of this Code, decisions to renew or revoke a | ||
charter
under Section 27A-9 of this Code, and the impact of | ||
these decisions,
provided that nothing in this Section shall | ||
have the effect of negating,
abrogating, replacing, reducing, | ||
diminishing, or limiting in any way
employee rights, | ||
guarantees, or privileges granted in Sections 2, 3, 7, 8,
10, | ||
14, and 15 of the Illinois Educational Labor Relations Act.
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(Source: P.A. 92-16, eff. 6-28-01; 93-3, eff. 4-16-03.)
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