Bill Text: IL HB3232 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the School Code. Exempts contracts awarded to a local contractor who is not the lowest responsible bidder, but who is a qualified bidder who has submitted a bid that does not exceed 2% over the lowest responsible bid received by the school board, from the requirement that a school board award all contracts for the purchase of supplies and materials or work involving an expenditure in excess of $25,000 to the lowest responsible bidder. Effective immediately.
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Passed) 2014-07-24 - Public Act . . . . . . . . . 98-0783 [HB3232 Detail]
Download: Illinois-2013-HB3232-Amended.html
Bill Title: Amends the School Code. Exempts contracts awarded to a local contractor who is not the lowest responsible bidder, but who is a qualified bidder who has submitted a bid that does not exceed 2% over the lowest responsible bid received by the school board, from the requirement that a school board award all contracts for the purchase of supplies and materials or work involving an expenditure in excess of $25,000 to the lowest responsible bidder. Effective immediately.
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Passed) 2014-07-24 - Public Act . . . . . . . . . 98-0783 [HB3232 Detail]
Download: Illinois-2013-HB3232-Amended.html
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1 | AMENDMENT TO HOUSE BILL 3232
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2 | AMENDMENT NO. ______. Amend House Bill 3232 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing Sections | ||||||
5 | 27A-4 and 27A-5 and by adding Sections 27A-10.5 and 27A-10.10 | ||||||
6 | as follows:
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7 | (105 ILCS 5/27A-4)
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8 | Sec. 27A-4. General Provisions.
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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
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14 | disability, race, creed, color, gender, national origin, | ||||||
15 | religion, ancestry,
marital status, or need for special | ||||||
16 | education services.
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1 | (b) The total number of charter schools operating under | ||||||
2 | this Article at any
one time shall not exceed 120. Not more | ||||||
3 | than 70 charter
schools
shall operate at any one time in any | ||||||
4 | city having a population exceeding
500,000, with at least 5 | ||||||
5 | charter schools devoted exclusively to students from | ||||||
6 | low-performing or overcrowded schools operating at any one time | ||||||
7 | in that city; and not more than 45
charter schools shall | ||||||
8 | operate at any one time in the remainder of the State, with not
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9 | more than one charter school that
has been initiated by a board | ||||||
10 | of education, or
by an intergovernmental agreement between or | ||||||
11 | among boards of education,
operating at any one
time in the | ||||||
12 | school district where the charter school is located. In | ||||||
13 | addition to these charter schools, up to but no more than 5 | ||||||
14 | charter schools devoted exclusively to re-enrolled high school | ||||||
15 | dropouts and/or students 16 or 15 years old at risk of dropping | ||||||
16 | out may operate at any one time in any city having a population | ||||||
17 | exceeding 500,000. Notwithstanding any provision to the | ||||||
18 | contrary in subsection (b) of Section 27A-5 of this Code, each | ||||||
19 | such dropout charter may operate up to 15 campuses within the | ||||||
20 | city. Any of these dropout charters may have a maximum of 1,875 | ||||||
21 | enrollment seats, any one of the campuses of the dropout | ||||||
22 | charter may have a maximum of 165 enrollment seats, and each | ||||||
23 | campus of the dropout charter must be operated, through a | ||||||
24 | contract or payroll, by the same legal entity as that for which | ||||||
25 | the charter is approved and certified.
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26 | For purposes of implementing this Section, the State Board |
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1 | shall assign a
number to each charter submission it receives | ||||||
2 | under Section 27A-6 for its
review and certification, based on | ||||||
3 | the chronological order in which the
submission is received by | ||||||
4 | it. The State Board shall promptly notify local
school boards | ||||||
5 | when the maximum numbers of certified charter schools | ||||||
6 | authorized
to operate have been reached.
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7 | (c) No charter shall be granted under this Article that | ||||||
8 | would convert any
existing private, parochial, or non-public | ||||||
9 | school to a charter school.
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10 | (d) Enrollment in a charter school shall be open to any | ||||||
11 | pupil who resides
within the geographic boundaries of the area | ||||||
12 | served by the local school board, provided that the board of | ||||||
13 | education in a city having a population exceeding 500,000 may | ||||||
14 | designate attendance boundaries for no more than one-third of | ||||||
15 | the charter schools permitted in the city if the board of | ||||||
16 | education determines that attendance boundaries are needed to | ||||||
17 | relieve overcrowding or to better serve low-income and at-risk | ||||||
18 | students. Students residing within an attendance boundary may | ||||||
19 | be given priority for enrollment, but must not be required to | ||||||
20 | attend the charter school.
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21 | (e) Nothing in this Article shall prevent 2 or more local | ||||||
22 | school boards from
jointly
issuing a charter to a single shared | ||||||
23 | charter school, provided that all of the
provisions of this | ||||||
24 | Article are met as to those local school boards.
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25 | (f) No local school board shall require any employee of the | ||||||
26 | school district
to be employed in a charter school.
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1 | (g) No local school board shall require any pupil residing | ||||||
2 | within the
geographic boundary of its district to enroll in a | ||||||
3 | charter school.
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4 | (h) If there are more eligible applicants for enrollment in | ||||||
5 | a charter school
than there are spaces available, successful | ||||||
6 | applicants shall be selected by
lottery. However, priority | ||||||
7 | shall be given to siblings of pupils enrolled in
the charter | ||||||
8 | school and to pupils who were enrolled in the charter school | ||||||
9 | the
previous school year, unless expelled for cause, and | ||||||
10 | priority may be given to pupils residing within the charter | ||||||
11 | school's attendance boundary, if a boundary has been designated | ||||||
12 | by the board of education in a city having a population | ||||||
13 | exceeding 500,000. | ||||||
14 | Beginning with student enrollment for the 2015-2016 school | ||||||
15 | year, any lottery required under this subsection (h) must be | ||||||
16 | administered and videotaped by the charter school. The | ||||||
17 | authorizer's representative must have an observer present | ||||||
18 | during the lottery proceedings. The charter school must | ||||||
19 | maintain a videotaped record of the lottery, including a | ||||||
20 | time/date stamp. The charter school shall transmit copies of | ||||||
21 | the videotape and all records relating to the lottery to the | ||||||
22 | authorizer on or before September 1 of each year. | ||||||
23 | Any lottery required under this subsection (h) must be | ||||||
24 | administered in a way that provides each student an equal | ||||||
25 | chance at admission. If an authorizer makes a determination | ||||||
26 | that a charter school's lottery is in violation of this |
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1 | subsection (h), it may administer the lottery directly. After a | ||||||
2 | lottery, each student randomly selected for admission to the | ||||||
3 | charter school must be notified. Charter schools may not create | ||||||
4 | an admissions process subsequent to a lottery that may operate | ||||||
5 | as a barrier to registration or enrollment. | ||||||
6 | Charter schools may undertake additional intake | ||||||
7 | activities, including without limitation student essays, | ||||||
8 | school-parent compacts, or open houses, but in no event may a | ||||||
9 | charter school require participation in these activities as a | ||||||
10 | condition of enrollment. A charter school must submit an | ||||||
11 | updated waitlist to the authorizer on a quarterly basis. A | ||||||
12 | waitlist must be submitted to the authorizer at the same time | ||||||
13 | as quarterly financial statements, if quarterly financial | ||||||
14 | statements are required by the authorizer. | ||||||
15 | Dual enrollment at both a
charter school and a public | ||||||
16 | school or non-public school shall not be allowed.
A pupil who | ||||||
17 | is suspended or expelled from a charter school shall be deemed | ||||||
18 | to
be suspended or expelled from the public schools of the | ||||||
19 | school district in
which the pupil resides. Notwithstanding | ||||||
20 | anything to the contrary in this subsection (h): | ||||||
21 | (1) any charter school with a mission exclusive to | ||||||
22 | educating high school dropouts may grant priority | ||||||
23 | admission to students who are high school dropouts and/or | ||||||
24 | students 16 or 15 years old at risk of dropping out and any | ||||||
25 | charter school with a mission exclusive to educating | ||||||
26 | students from low-performing or overcrowded schools may |
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1 | restrict admission to students who are from low-performing | ||||||
2 | or overcrowded schools; "priority admission" for charter | ||||||
3 | schools exclusively devoted to re-enrolled dropouts or | ||||||
4 | students at risk of dropping out means a minimum of 90% of | ||||||
5 | students enrolled shall be high school dropouts; and
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6 | (2) any charter school located in a school district | ||||||
7 | that contains all or part of a federal military base may | ||||||
8 | set aside up to 33% of its current charter enrollment to | ||||||
9 | students with parents assigned to the federal military | ||||||
10 | base, with the remaining 67% subject to the general | ||||||
11 | enrollment and lottery requirements of subsection (d) of | ||||||
12 | this Section and this subsection (h); if a student with a | ||||||
13 | parent assigned to the federal military base withdraws from | ||||||
14 | the charter school during the course of a school year for | ||||||
15 | reasons other than grade promotion, those students with | ||||||
16 | parents assigned to the federal military base shall have | ||||||
17 | preference in filling the vacancy. | ||||||
18 | (i) (Blank).
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19 | (j) Notwithstanding any other provision of law to the | ||||||
20 | contrary, a
school district in a city having a population | ||||||
21 | exceeding 500,000 shall not
have a duty to collectively bargain | ||||||
22 | with an exclusive representative of its
employees over | ||||||
23 | decisions to grant or deny a charter school proposal
under | ||||||
24 | Section 27A-8 of this Code, decisions to renew or revoke a | ||||||
25 | charter
under Section 27A-9 of this Code, and the impact of | ||||||
26 | these decisions,
provided that nothing in this Section shall |
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1 | have the effect of negating,
abrogating, replacing, reducing, | ||||||
2 | diminishing, or limiting in any way
employee rights, | ||||||
3 | guarantees, or privileges granted in Sections 2, 3, 7, 8,
10, | ||||||
4 | 14, and 15 of the Illinois Educational Labor Relations Act.
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5 | (k) In this Section: | ||||||
6 | "Low-performing school" means a public school in a school | ||||||
7 | district organized under Article 34 of this Code that enrolls | ||||||
8 | students in any of grades kindergarten through 8 and that is | ||||||
9 | ranked within the lowest 10% of schools in that district in | ||||||
10 | terms of the percentage of students meeting or exceeding | ||||||
11 | standards on the Illinois Standards Achievement Test. | ||||||
12 | "Overcrowded school" means a public school in a school | ||||||
13 | district organized under Article 34 of this Code that (i) | ||||||
14 | enrolls students in any of grades kindergarten through 8, (ii) | ||||||
15 | has a percentage of low-income students of 70% or more, as | ||||||
16 | identified in the most recently available School Report Card | ||||||
17 | published by the State Board of Education, and (iii) is | ||||||
18 | determined by the Chicago Board of Education to be in the most | ||||||
19 | severely overcrowded 5% of schools in the district. On or | ||||||
20 | before November 1 of each year, the Chicago Board of Education | ||||||
21 | shall file a report with the State Board of Education on which | ||||||
22 | schools in the district meet the definition of "overcrowded | ||||||
23 | school". "Students at risk of dropping out" means students 16 | ||||||
24 | or 15 years old in a public school in a district organized | ||||||
25 | under Article 34 of this Code that enrolls students in any | ||||||
26 | grades 9-12 who have been absent at least 90 school attendance |
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1 | days of the previous 180 school attendance days. | ||||||
2 | (l) For charter school advertisements created after the | ||||||
3 | effective date of this amendatory Act of the 98th General | ||||||
4 | Assembly, any advertisement, including a radio, television, | ||||||
5 | print, Internet, social media, or billboard advertisement, | ||||||
6 | purchased by a school district or public school, including a | ||||||
7 | charter school, with public funds must include a disclaimer | ||||||
8 | stating that the advertisement was paid for using public funds. | ||||||
9 | (Source: P.A. 97-151, eff. 1-1-12; 97-624, eff. 11-28-11; | ||||||
10 | 97-813, eff. 7-13-12; 98-474, eff. 8-16-13.)
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11 | (105 ILCS 5/27A-5)
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12 | Sec. 27A-5. Charter school; legal entity; requirements.
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13 | (a) A charter school shall be a public, nonsectarian, | ||||||
14 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
15 | school shall be organized and operated
as a nonprofit | ||||||
16 | corporation or other discrete, legal, nonprofit entity
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17 | authorized under the laws of the State of Illinois.
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18 | (b) A charter school may be established under this Article | ||||||
19 | by creating a new
school or by converting an existing public | ||||||
20 | school or attendance center to
charter
school status.
Beginning | ||||||
21 | on the effective date of this amendatory Act of the 93rd | ||||||
22 | General
Assembly, in all new
applications submitted to the | ||||||
23 | State Board or a local school board to establish
a charter
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24 | school in a city having a population exceeding 500,000, | ||||||
25 | operation of the
charter
school shall be limited to one campus. |
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1 | The changes made to this Section by this
amendatory Act
of the | ||||||
2 | 93rd General
Assembly do not apply to charter schools existing | ||||||
3 | or approved on or before the
effective date of this
amendatory | ||||||
4 | Act. | ||||||
5 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
6 | the teaching of courses through online methods with online | ||||||
7 | instructors, rather than the instructor and student being at | ||||||
8 | the same physical location. "Virtual-schooling" includes | ||||||
9 | without limitation instruction provided by full-time, online | ||||||
10 | virtual schools. | ||||||
11 | From April 1, 2013 through April 1, 2014, there is a | ||||||
12 | moratorium on the establishment of charter schools with | ||||||
13 | virtual-schooling components in school districts other than a | ||||||
14 | school district organized under Article 34 of this Code. This | ||||||
15 | moratorium does not apply to a charter school with | ||||||
16 | virtual-schooling components existing or approved prior to | ||||||
17 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
18 | school with virtual-schooling components already approved | ||||||
19 | prior to April 1, 2013. | ||||||
20 | On or before March 1, 2014, the Commission shall submit to | ||||||
21 | the General Assembly a report on the effect of | ||||||
22 | virtual-schooling, including without limitation the effect on | ||||||
23 | student performance, the costs associated with | ||||||
24 | virtual-schooling, and issues with oversight. The report shall | ||||||
25 | include policy recommendations for virtual-schooling.
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26 | (c) A charter school shall be administered and governed by |
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1 | its board of
directors or other governing body
in the manner | ||||||
2 | provided in its charter. The governing body of a charter school
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3 | shall be subject to the Freedom of Information Act and the Open | ||||||
4 | Meetings Act.
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5 | (d) A charter school shall comply with all applicable | ||||||
6 | health and safety
requirements applicable to public schools | ||||||
7 | under the laws of the State of
Illinois.
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8 | (e) Except as otherwise provided in the School Code, a | ||||||
9 | charter school shall
not charge tuition; provided that a | ||||||
10 | charter school may charge reasonable fees
for textbooks, | ||||||
11 | instructional materials, and student activities.
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12 | (f) A charter school shall be responsible for the | ||||||
13 | management and operation
of its fiscal affairs including,
but | ||||||
14 | not limited to, the preparation of its budget. An audit of each | ||||||
15 | charter
school's finances shall be conducted annually by an | ||||||
16 | outside, independent
contractor retained by the charter | ||||||
17 | school. To ensure financial accountability for the use of | ||||||
18 | public funds, on or before December 1 of every year of | ||||||
19 | operation, each charter school shall submit to its authorizer | ||||||
20 | and Annually, by December 1, every charter school must submit | ||||||
21 | to the State Board a copy of its audit and a copy of the Form | ||||||
22 | 990 the charter school filed that year with the federal | ||||||
23 | Internal Revenue Service. In addition, if deemed necessary for | ||||||
24 | proper financial oversight of the charter school, an authorizer | ||||||
25 | may require quarterly financial statements from each charter | ||||||
26 | school.
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1 | (g) A charter school shall comply with all provisions of | ||||||
2 | this Article, the Illinois Educational Labor Relations Act, and
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3 | its charter. A charter
school is exempt from all other State | ||||||
4 | laws and regulations in the School Code
governing public
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5 | schools and local school board policies, except the following:
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6 | (1) Sections 10-21.9 and 34-18.5 of the School Code | ||||||
7 | regarding criminal
history records checks and checks of the | ||||||
8 | Statewide Sex Offender Database and Statewide Murderer and | ||||||
9 | Violent Offender Against Youth Database of applicants for | ||||||
10 | employment;
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11 | (2) Sections 24-24 and 34-84A of the School Code | ||||||
12 | regarding discipline of
students;
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13 | (3) The Local Governmental and Governmental Employees | ||||||
14 | Tort Immunity Act;
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15 | (4) Section 108.75 of the General Not For Profit | ||||||
16 | Corporation Act of 1986
regarding indemnification of | ||||||
17 | officers, directors, employees, and agents;
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18 | (5) The Abused and Neglected Child Reporting Act;
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19 | (6) The Illinois School Student Records Act;
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20 | (7) Section 10-17a of the School Code regarding school | ||||||
21 | report cards; and
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22 | (8) The P-20 Longitudinal Education Data System Act. | ||||||
23 | The change made by Public Act 96-104 to this subsection (g) | ||||||
24 | is declaratory of existing law. | ||||||
25 | (h) A charter school may negotiate and contract with a | ||||||
26 | school district, the
governing body of a State college or |
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1 | university or public community college, or
any other public or | ||||||
2 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
3 | school building and grounds or any other real property or | ||||||
4 | facilities that
the charter school desires to use or convert | ||||||
5 | for use as a charter school site,
(ii) the operation and | ||||||
6 | maintenance thereof, and
(iii) the provision of any service, | ||||||
7 | activity, or undertaking that the charter
school is required to | ||||||
8 | perform in order to carry out the terms of its charter.
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9 | However, a charter school
that is established on
or
after the | ||||||
10 | effective date of this amendatory Act of the 93rd General
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11 | Assembly and that operates
in a city having a population | ||||||
12 | exceeding
500,000 may not contract with a for-profit entity to
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13 | manage or operate the school during the period that commences | ||||||
14 | on the
effective date of this amendatory Act of the 93rd | ||||||
15 | General Assembly and
concludes at the end of the 2004-2005 | ||||||
16 | school year.
Except as provided in subsection (i) of this | ||||||
17 | Section, a school district may
charge a charter school | ||||||
18 | reasonable rent for the use of the district's
buildings, | ||||||
19 | grounds, and facilities. Any services for which a charter | ||||||
20 | school
contracts
with a school district shall be provided by | ||||||
21 | the district at cost. Any services
for which a charter school | ||||||
22 | contracts with a local school board or with the
governing body | ||||||
23 | of a State college or university or public community college
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24 | shall be provided by the public entity at cost.
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25 | (i) In no event shall a charter school that is established | ||||||
26 | by converting an
existing school or attendance center to |
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1 | charter school status be required to
pay rent for space
that is | ||||||
2 | deemed available, as negotiated and provided in the charter | ||||||
3 | agreement,
in school district
facilities. However, all other | ||||||
4 | costs for the operation and maintenance of
school district | ||||||
5 | facilities that are used by the charter school shall be subject
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6 | to negotiation between
the charter school and the local school | ||||||
7 | board and shall be set forth in the
charter.
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8 | (j) A charter school may limit student enrollment by age or | ||||||
9 | grade level.
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10 | (k) If the charter school is approved by the Commission, | ||||||
11 | then the Commission charter school is its own local education | ||||||
12 | agency. | ||||||
13 | (Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; | ||||||
14 | 97-813, eff. 7-13-12; 98-16, eff. 5-24-13.)
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15 | (105 ILCS 5/27A-10.5 new) | ||||||
16 | Sec. 27A-10.5. Educational or charter management | ||||||
17 | organization. | ||||||
18 | (a) In this Section: | ||||||
19 | "CMO" means a charter management organization. | ||||||
20 | "EMO" means an educational management organization. | ||||||
21 | (b) All authorizers shall ensure that any charter school | ||||||
22 | established on or after the effective date of this amendatory | ||||||
23 | Act of the 98th General Assembly has a governing body that is | ||||||
24 | separate and distinct from the governing body of any CMO or | ||||||
25 | EMO. In reviewing charter applications and charter renewal |
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1 | applications, authorizers shall review the governance model | ||||||
2 | proposed by the applicant to ensure that there are no conflicts | ||||||
3 | of interest. | ||||||
4 | (c) No charter school may employ a staff person who is | ||||||
5 | simultaneously employed by an EMO or CMO.
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6 | (105 ILCS 5/27A-10.10 new) | ||||||
7 | Sec. 27A-10.10. Unspent public funds; disposition of | ||||||
8 | assets. | ||||||
9 | (a) When a charter school is authorized by one or more | ||||||
10 | local boards of education, the governing body of the charter | ||||||
11 | school or its designee shall refund to the chartering entity or | ||||||
12 | entities all unspent public funds. The charter school's other | ||||||
13 | assets shall be dissolved under the provisions of the charter | ||||||
14 | application and contract. If the contract is silent or | ||||||
15 | ambiguous as to the disposition of any of the school's assets, | ||||||
16 | all assets of the charter school purchased with public funds | ||||||
17 | shall be returned to the school district or districts from | ||||||
18 | which the charter school draws enrollment, at no cost to the | ||||||
19 | receiving district or districts, subject to each district's | ||||||
20 | acceptance of the asset. Any unspent public funds or other | ||||||
21 | assets received by the charter school directly from any State | ||||||
22 | or federal agency shall be refunded to or revert back to that | ||||||
23 | State or federal agency, respectively. | ||||||
24 | (b) When a charter school is authorized by the Commission, | ||||||
25 | the governing body of the charter school or its designee shall |
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1 | refund all unspent public funds to the State Board of | ||||||
2 | Education. The charter school's other assets shall be dissolved | ||||||
3 | under the provisions of the charter application and contract. | ||||||
4 | If the contract is silent or ambiguous as to the disposition of | ||||||
5 | any of the school's assets, all assets of the charter school | ||||||
6 | purchased with public funds shall be returned to the school | ||||||
7 | district or districts from which the charter school draws its | ||||||
8 | enrollment, at no cost to the receiving district or districts, | ||||||
9 | subject to each district's acceptance of the asset. Any unspent | ||||||
10 | public funds or other assets provided by a State agency other | ||||||
11 | than the State Board of Education or by a federal agency shall | ||||||
12 | be refunded to or revert back to that State or federal agency, | ||||||
13 | respectively. ".
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