Bill Text: IL HB2401 | 2011-2012 | 97th General Assembly | Amended
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-Amended.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-Amended.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 2401
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 2401 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The School Code is amended by changing Section | ||||||
5 | 27A-4 as follows:
| ||||||
6 | (105 ILCS 5/27A-4)
| ||||||
7 | Sec. 27A-4. General Provisions.
| ||||||
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
| ||||||
13 | disability, race, creed, color, gender, national origin, | ||||||
14 | religion, ancestry,
marital status, or need for special | ||||||
15 | education services.
| ||||||
16 | (b) The total number of charter schools operating under |
| |||||||
| |||||||
1 | this Article at any
one time shall not exceed 120. Not more | ||||||
2 | than 70 charter
schools
shall operate at any one time in any | ||||||
3 | city having a population exceeding
500,000 and not more than 45
| ||||||
4 | charter schools shall operate at any one time in the remainder | ||||||
5 | of the State, with not
more than one charter school that
has | ||||||
6 | been initiated by a board of education, or
by an | ||||||
7 | intergovernmental agreement between or among boards of | ||||||
8 | education,
operating at any one
time in the school district | ||||||
9 | where the charter school is located. In addition to these | ||||||
10 | charter schools, up to but no more than 5 charter schools | ||||||
11 | devoted exclusively to re-enrolled high school dropouts may | ||||||
12 | operate at any one time in any city having a population | ||||||
13 | exceeding 500,000. Notwithstanding any provision to the | ||||||
14 | contrary in subsection (b) of Section 27A-5 of this Code, each | ||||||
15 | such dropout charter may operate up to 15 campuses within the | ||||||
16 | city. Any of these dropout charters may have a maximum of 1,875 | ||||||
17 | enrollment seats, any one of the campuses of the dropout | ||||||
18 | charter may have a maximum of 165 enrollment seats, and each | ||||||
19 | campus of the dropout charter must be operated , through a | ||||||
20 | contract or payroll, by the same legal entity as that for which | ||||||
21 | the charter is approved and certified.
| ||||||
22 | For purposes of implementing this Section, the State Board | ||||||
23 | shall assign a
number to each charter submission it receives | ||||||
24 | under Section 27A-6 for its
review and certification, based on | ||||||
25 | the chronological order in which the
submission is received by | ||||||
26 | it. The State Board shall promptly notify local
school boards |
| |||||||
| |||||||
1 | when the maximum numbers of certified charter schools | ||||||
2 | authorized
to operate have been reached.
| ||||||
3 | (c) No charter shall be granted under this Article that | ||||||
4 | would convert any
existing private, parochial, or non-public | ||||||
5 | school to a charter school.
| ||||||
6 | (d) Enrollment in a charter school shall be open to any | ||||||
7 | pupil who resides
within the geographic boundaries of the area | ||||||
8 | served by the local school board, provided that the board of | ||||||
9 | education in a city having a population exceeding 500,000 may | ||||||
10 | designate attendance boundaries for no more than one-third of | ||||||
11 | the charter schools permitted in the city if the board of | ||||||
12 | education determines that attendance boundaries are needed to | ||||||
13 | relieve overcrowding or to better serve low-income and at-risk | ||||||
14 | students. Students residing within an attendance boundary may | ||||||
15 | be given priority for enrollment, but must not be required to | ||||||
16 | attend the charter school.
| ||||||
17 | (e) Nothing in this Article shall prevent 2 or more local | ||||||
18 | school boards from
jointly
issuing a charter to a single shared | ||||||
19 | charter school, provided that all of the
provisions of this | ||||||
20 | Article are met as to those local school boards.
| ||||||
21 | (f) No local school board shall require any employee of the | ||||||
22 | school district
to be employed in a charter school.
| ||||||
23 | (g) No local school board shall require any pupil residing | ||||||
24 | within the
geographic boundary of its district to enroll in a | ||||||
25 | charter school.
| ||||||
26 | (h) If there are more eligible applicants for enrollment in |
| |||||||
| |||||||
1 | a charter school
than there are spaces available, successful | ||||||
2 | applicants shall be selected by
lottery. However, priority | ||||||
3 | shall be given to siblings of pupils enrolled in
the charter | ||||||
4 | school and to pupils who were enrolled in the charter school | ||||||
5 | the
previous school year, unless expelled for cause, and | ||||||
6 | priority may be given to pupils residing within the charter | ||||||
7 | school's attendance boundary, if a boundary has been designated | ||||||
8 | by the board of education in a city having a population | ||||||
9 | exceeding 500,000. Dual enrollment at both a
charter school and | ||||||
10 | a public school or non-public school shall not be allowed.
A | ||||||
11 | pupil who is suspended or expelled from a charter school shall | ||||||
12 | be deemed to
be suspended or expelled from the public schools | ||||||
13 | of the school district in
which the pupil resides. | ||||||
14 | Notwithstanding anything to the contrary in this subsection | ||||||
15 | (h), any charter school with a mission exclusive to educating | ||||||
16 | high school dropouts may restrict admission to students who are | ||||||
17 | high school dropouts.
| ||||||
18 | (i) (Blank).
| ||||||
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 |
| |||||||
| |||||||
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.
| ||||||
5 | (Source: P.A. 96-105, eff. 7-30-09.)".
|