Bill Text: IL HB2401 | 2011-2012 | 97th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the School Code. Makes a technical change in a Section concerning waivers of School Code mandates.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-07-20 - Public Act . . . . . . . . . 97-0151 [HB2401 Detail]
Download: Illinois-2011-HB2401-Engrossed.html
Bill Title: Amends the School Code. Makes a technical change in a Section concerning waivers of School Code mandates.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-07-20 - Public Act . . . . . . . . . 97-0151 [HB2401 Detail]
Download: Illinois-2011-HB2401-Engrossed.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | ||||||
5 | 27A-4 as follows:
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6 | (105 ILCS 5/27A-4)
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7 | Sec. 27A-4. General Provisions.
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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
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13 | disability, race, creed, color, gender, national origin, | ||||||
14 | religion, ancestry,
marital status, or need for special | ||||||
15 | education services.
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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 and not more than 45
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20 | charter schools shall operate at any one time in the remainder | ||||||
21 | of the State, with not
more than one charter school that
has | ||||||
22 | been initiated by a board of education, or
by an | ||||||
23 | intergovernmental agreement between or among boards of |
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1 | education,
operating at any one
time in the school district | ||||||
2 | where the charter school is located. In addition to these | ||||||
3 | charter schools, up to but no more than 5 charter schools | ||||||
4 | devoted exclusively to re-enrolled high school dropouts may | ||||||
5 | operate at any one time in any city having a population | ||||||
6 | exceeding 500,000. Notwithstanding any provision to the | ||||||
7 | contrary in subsection (b) of Section 27A-5 of this Code, each | ||||||
8 | such dropout charter may operate up to 15 campuses within the | ||||||
9 | city. Any of these dropout charters may have a maximum of 1,875 | ||||||
10 | enrollment seats, any one of the campuses of the dropout | ||||||
11 | charter may have a maximum of 165 enrollment seats, and each | ||||||
12 | campus of the dropout charter must be operated , through a | ||||||
13 | contract or payroll, by the same legal entity as that for which | ||||||
14 | the charter is approved and certified.
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15 | For purposes of implementing this Section, the State Board | ||||||
16 | shall assign a
number to each charter submission it receives | ||||||
17 | under Section 27A-6 for its
review and certification, based on | ||||||
18 | the chronological order in which the
submission is received by | ||||||
19 | it. The State Board shall promptly notify local
school boards | ||||||
20 | when the maximum numbers of certified charter schools | ||||||
21 | authorized
to operate have been reached.
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22 | (c) No charter shall be granted under this Article that | ||||||
23 | would convert any
existing private, parochial, or non-public | ||||||
24 | school to a charter school.
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25 | (d) Enrollment in a charter school shall be open to any | ||||||
26 | pupil who resides
within the geographic boundaries of the area |
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1 | served by the local school board, provided that the board of | ||||||
2 | education in a city having a population exceeding 500,000 may | ||||||
3 | designate attendance boundaries for no more than one-third of | ||||||
4 | the charter schools permitted in the city if the board of | ||||||
5 | education determines that attendance boundaries are needed to | ||||||
6 | relieve overcrowding or to better serve low-income and at-risk | ||||||
7 | students. Students residing within an attendance boundary may | ||||||
8 | be given priority for enrollment, but must not be required to | ||||||
9 | attend the charter school.
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10 | (e) Nothing in this Article shall prevent 2 or more local | ||||||
11 | school boards from
jointly
issuing a charter to a single shared | ||||||
12 | charter school, provided that all of the
provisions of this | ||||||
13 | Article are met as to those local school boards.
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14 | (f) No local school board shall require any employee of the | ||||||
15 | school district
to be employed in a charter school.
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16 | (g) No local school board shall require any pupil residing | ||||||
17 | within the
geographic boundary of its district to enroll in a | ||||||
18 | charter school.
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19 | (h) If there are more eligible applicants for enrollment in | ||||||
20 | a charter school
than there are spaces available, successful | ||||||
21 | applicants shall be selected by
lottery. However, priority | ||||||
22 | shall be given to siblings of pupils enrolled in
the charter | ||||||
23 | school and to pupils who were enrolled in the charter school | ||||||
24 | the
previous school year, unless expelled for cause, and | ||||||
25 | priority may be given to pupils residing within the charter | ||||||
26 | school's attendance boundary, if a boundary has been designated |
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1 | by the board of education in a city having a population | ||||||
2 | exceeding 500,000. Dual enrollment at both a
charter school and | ||||||
3 | a public school or non-public school shall not be allowed.
A | ||||||
4 | pupil who is suspended or expelled from a charter school shall | ||||||
5 | be deemed to
be suspended or expelled from the public schools | ||||||
6 | of the school district in
which the pupil resides. | ||||||
7 | Notwithstanding anything to the contrary in this subsection | ||||||
8 | (h), any charter school with a mission exclusive to educating | ||||||
9 | high school dropouts may restrict admission to students who are | ||||||
10 | high school dropouts.
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11 | (i) (Blank).
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12 | (j) Notwithstanding any other provision of law to the | ||||||
13 | contrary, a
school district in a city having a population | ||||||
14 | exceeding 500,000 shall not
have a duty to collectively bargain | ||||||
15 | with an exclusive representative of its
employees over | ||||||
16 | decisions to grant or deny a charter school proposal
under | ||||||
17 | Section 27A-8 of this Code, decisions to renew or revoke a | ||||||
18 | charter
under Section 27A-9 of this Code, and the impact of | ||||||
19 | these decisions,
provided that nothing in this Section shall | ||||||
20 | have the effect of negating,
abrogating, replacing, reducing, | ||||||
21 | diminishing, or limiting in any way
employee rights, | ||||||
22 | guarantees, or privileges granted in Sections 2, 3, 7, 8,
10, | ||||||
23 | 14, and 15 of the Illinois Educational Labor Relations Act.
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24 | (Source: P.A. 96-105, eff. 7-30-09.)
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