Bill Text: IL SB2793 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the School Code. As part of the annual school report card, requires every school to provide (i) data on the issuance of out-of-school suspensions, expulsions, and removals to alternative settings, disaggregated by race and ethnicity, gender, age, grade level, limited English proficiency status, length of exclusion, reason for exclusion, and whether alternative educational options were provided; (ii) data on the use of arrests or criminal citations, disaggregated by race and ethnicity, gender, age, grade level, disability status, limited English proficiency status, and alleged criminal offense; and (iii) data on student retention during and between academic years, disaggregated by race and ethnicity, gender, age, grade level, disability status, limited English proficiency status, and the reason for the student's departure. Sets forth requirements and exemptions concerning the data, including requiring the State Board of Education to analyze the data on an annual basis and determine the top quartile of school districts for specified metrics. Requires certain districts identified by the State Board to submit a school discipline improvement plan identifying the strategies it will implement to reduce the use of harsh disciplinary practices or reduce the disproportionality evident in its disciplinary practices; sets forth other requirements.
Spectrum: Partisan Bill (Democrat 18-0)
Status: (Passed) 2014-08-26 - Public Act . . . . . . . . . 98-1102 [SB2793 Detail]
Download: Illinois-2013-SB2793-Amended.html
Bill Title: Amends the School Code. As part of the annual school report card, requires every school to provide (i) data on the issuance of out-of-school suspensions, expulsions, and removals to alternative settings, disaggregated by race and ethnicity, gender, age, grade level, limited English proficiency status, length of exclusion, reason for exclusion, and whether alternative educational options were provided; (ii) data on the use of arrests or criminal citations, disaggregated by race and ethnicity, gender, age, grade level, disability status, limited English proficiency status, and alleged criminal offense; and (iii) data on student retention during and between academic years, disaggregated by race and ethnicity, gender, age, grade level, disability status, limited English proficiency status, and the reason for the student's departure. Sets forth requirements and exemptions concerning the data, including requiring the State Board of Education to analyze the data on an annual basis and determine the top quartile of school districts for specified metrics. Requires certain districts identified by the State Board to submit a school discipline improvement plan identifying the strategies it will implement to reduce the use of harsh disciplinary practices or reduce the disproportionality evident in its disciplinary practices; sets forth other requirements.
Spectrum: Partisan Bill (Democrat 18-0)
Status: (Passed) 2014-08-26 - Public Act . . . . . . . . . 98-1102 [SB2793 Detail]
Download: Illinois-2013-SB2793-Amended.html
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1 | AMENDMENT TO SENATE BILL 2793
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2 | AMENDMENT NO. ______. Amend Senate Bill 2793, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The School Code is amended by adding Section | ||||||
6 | 2-3.160 and by changing Section 27A-5 as follows:
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7 | (105 ILCS 5/2-3.160 new) | ||||||
8 | Sec. 2-3.160. Student discipline report; school discipline | ||||||
9 | improvement plan. | ||||||
10 | (a) On or before October 31, 2015 and on or before October | ||||||
11 | 31 of each subsequent year, the State Board of Education, | ||||||
12 | through the State Superintendent of Education, shall prepare a | ||||||
13 | report on student discipline in all school districts in this | ||||||
14 | State, including State-authorized charter schools. This report | ||||||
15 | shall include data from all public schools within school | ||||||
16 | districts, including district-authorized charter schools. This |
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1 | report must be posted on the Internet website of the State | ||||||
2 | Board of Education. The report shall include data on the | ||||||
3 | issuance of out-of-school suspensions, expulsions, and | ||||||
4 | removals to alternative settings in lieu of another | ||||||
5 | disciplinary action, disaggregated by race and ethnicity, | ||||||
6 | gender, age, grade level, limited English proficiency, | ||||||
7 | incident type, and discipline duration. | ||||||
8 | (b) The State Board of Education shall analyze the data | ||||||
9 | under subsection (a) of this Section on an annual basis and | ||||||
10 | determine the top 20% of school districts for the following | ||||||
11 | metrics: | ||||||
12 | (1) Total number of out-of-school suspensions divided | ||||||
13 | by the total district enrollment by October 1 for the year | ||||||
14 | in which the data was collected, multiplied by 100. | ||||||
15 | (2) Total number of out-of-school expulsions divided | ||||||
16 | by the total district enrollment by October 1 for the year | ||||||
17 | in which the data was collected, multiplied by 100. | ||||||
18 | (3) Racial disproportionality, defined as the | ||||||
19 | overrepresentation of students of color or white students | ||||||
20 | in comparison to the total number of students of color or | ||||||
21 | white students on October 1st of the school year in which | ||||||
22 | data are collected, with respect to the use of | ||||||
23 | out-of-school suspensions and expulsions, which must be | ||||||
24 | calculated using the same method as the U.S. Department of | ||||||
25 | Education's Office for Civil Rights uses. | ||||||
26 | The analysis must be based on data collected over 3 |
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1 | consecutive school years, beginning with the 2014-2015 school | ||||||
2 | year. | ||||||
3 | Beginning with the 2017-2018 school year, the State Board | ||||||
4 | of Education shall require each of the school districts that | ||||||
5 | are identified in the top 20% of any of the metrics described | ||||||
6 | in this subsection (b) for 3 consecutive years to submit a plan | ||||||
7 | identifying the strategies the school district will implement | ||||||
8 | to reduce the use of exclusionary disciplinary practices or | ||||||
9 | racial disproportionality or both, if applicable. School | ||||||
10 | districts that no longer meet the criteria described in any of | ||||||
11 | the metrics described in this subsection (b) for 3 consecutive | ||||||
12 | years shall no longer be required to submit a plan. | ||||||
13 | This plan may be combined with any other improvement plans | ||||||
14 | required under federal or State law. | ||||||
15 | The calculation of the top 20% of any of the metrics | ||||||
16 | described in this subsection (b) shall exclude all school | ||||||
17 | districts, State-authorized charter schools, and special | ||||||
18 | charter districts that issued fewer than a total of 10 | ||||||
19 | out-of-school suspensions or expulsions, whichever is | ||||||
20 | applicable, during the school year. The calculation of the top | ||||||
21 | 20% of metric described in subdivision (3) of this subsection | ||||||
22 | (b) shall exclude all school districts with an enrollment of | ||||||
23 | fewer than 50 white students or fewer than 50 students of | ||||||
24 | color. | ||||||
25 | The plan must be approved at a public school board meeting | ||||||
26 | and posted on the school district's Internet website. Within |
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1 | one year after being identified, the school district shall | ||||||
2 | submit to the State Board of Education and post on the | ||||||
3 | district's Internet website a progress report describing the | ||||||
4 | implementation of the plan and the results achieved.
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5 | (105 ILCS 5/27A-5)
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6 | Sec. 27A-5. Charter school; legal entity; requirements.
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7 | (a) A charter school shall be a public, nonsectarian, | ||||||
8 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
9 | school shall be organized and operated
as a nonprofit | ||||||
10 | corporation or other discrete, legal, nonprofit entity
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11 | authorized under the laws of the State of Illinois.
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12 | (b) A charter school may be established under this Article | ||||||
13 | by creating a new
school or by converting an existing public | ||||||
14 | school or attendance center to
charter
school status.
Beginning | ||||||
15 | on the effective date of this amendatory Act of the 93rd | ||||||
16 | General
Assembly, in all new
applications submitted to the | ||||||
17 | State Board or a local school board to establish
a charter
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18 | school in a city having a population exceeding 500,000, | ||||||
19 | operation of the
charter
school shall be limited to one campus. | ||||||
20 | The changes made to this Section by this
amendatory Act
of the | ||||||
21 | 93rd General
Assembly do not apply to charter schools existing | ||||||
22 | or approved on or before the
effective date of this
amendatory | ||||||
23 | Act. | ||||||
24 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
25 | the teaching of courses through online methods with online |
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1 | instructors, rather than the instructor and student being at | ||||||
2 | the same physical location. "Virtual-schooling" includes | ||||||
3 | without limitation instruction provided by full-time, online | ||||||
4 | virtual schools. | ||||||
5 | From April 1, 2013 through April 1, 2014, there is a | ||||||
6 | moratorium on the establishment of charter schools with | ||||||
7 | virtual-schooling components in school districts other than a | ||||||
8 | school district organized under Article 34 of this Code. This | ||||||
9 | moratorium does not apply to a charter school with | ||||||
10 | virtual-schooling components existing or approved prior to | ||||||
11 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
12 | school with virtual-schooling components already approved | ||||||
13 | prior to April 1, 2013. | ||||||
14 | On or before March 1, 2014, the Commission shall submit to | ||||||
15 | the General Assembly a report on the effect of | ||||||
16 | virtual-schooling, including without limitation the effect on | ||||||
17 | student performance, the costs associated with | ||||||
18 | virtual-schooling, and issues with oversight. The report shall | ||||||
19 | include policy recommendations for virtual-schooling.
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20 | (c) A charter school shall be administered and governed by | ||||||
21 | its board of
directors or other governing body
in the manner | ||||||
22 | provided in its charter. The governing body of a charter school
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23 | shall be subject to the Freedom of Information Act and the Open | ||||||
24 | Meetings Act.
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25 | (d) A charter school shall comply with all applicable | ||||||
26 | health and safety
requirements applicable to public schools |
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1 | under the laws of the State of
Illinois.
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2 | (e) Except as otherwise provided in the School Code, a | ||||||
3 | charter school shall
not charge tuition; provided that a | ||||||
4 | charter school may charge reasonable fees
for textbooks, | ||||||
5 | instructional materials, and student activities.
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6 | (f) A charter school shall be responsible for the | ||||||
7 | management and operation
of its fiscal affairs including,
but | ||||||
8 | not limited to, the preparation of its budget. An audit of each | ||||||
9 | charter
school's finances shall be conducted annually by an | ||||||
10 | outside, independent
contractor retained by the charter | ||||||
11 | school. Annually, by December 1, every charter school must | ||||||
12 | submit to the State Board a copy of its audit and a copy of the | ||||||
13 | Form 990 the charter school filed that year with the federal | ||||||
14 | Internal Revenue Service.
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15 | (g) A charter school shall comply with all provisions of | ||||||
16 | this Article, the Illinois Educational Labor Relations Act, and
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17 | its charter. A charter
school is exempt from all other State | ||||||
18 | laws and regulations in the School Code
governing public
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19 | schools and local school board policies, except the following:
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20 | (1) Sections 10-21.9 and 34-18.5 of the School Code | ||||||
21 | regarding criminal
history records checks and checks of the | ||||||
22 | Statewide Sex Offender Database and Statewide Murderer and | ||||||
23 | Violent Offender Against Youth Database of applicants for | ||||||
24 | employment;
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25 | (2) Sections 24-24 and 34-84A of the School Code | ||||||
26 | regarding discipline of
students;
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1 | (3) The Local Governmental and Governmental Employees | ||||||
2 | Tort Immunity Act;
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3 | (4) Section 108.75 of the General Not For Profit | ||||||
4 | Corporation Act of 1986
regarding indemnification of | ||||||
5 | officers, directors, employees, and agents;
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6 | (5) The Abused and Neglected Child Reporting Act;
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7 | (6) The Illinois School Student Records Act;
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8 | (7) Section 10-17a of the School Code regarding school | ||||||
9 | report cards; and
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10 | (8) The P-20 Longitudinal Education Data System Act ; | ||||||
11 | and . | ||||||
12 | (9) Section 2-3.160 of the School Code regarding | ||||||
13 | student discipline reporting. | ||||||
14 | The change made by Public Act 96-104 to this subsection (g) | ||||||
15 | is declaratory of existing law. | ||||||
16 | (h) A charter school may negotiate and contract with a | ||||||
17 | school district, the
governing body of a State college or | ||||||
18 | university or public community college, or
any other public or | ||||||
19 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
20 | school building and grounds or any other real property or | ||||||
21 | facilities that
the charter school desires to use or convert | ||||||
22 | for use as a charter school site,
(ii) the operation and | ||||||
23 | maintenance thereof, and
(iii) the provision of any service, | ||||||
24 | activity, or undertaking that the charter
school is required to | ||||||
25 | perform in order to carry out the terms of its charter.
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26 | However, a charter school
that is established on
or
after the |
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1 | effective date of this amendatory Act of the 93rd General
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2 | Assembly and that operates
in a city having a population | ||||||
3 | exceeding
500,000 may not contract with a for-profit entity to
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4 | manage or operate the school during the period that commences | ||||||
5 | on the
effective date of this amendatory Act of the 93rd | ||||||
6 | General Assembly and
concludes at the end of the 2004-2005 | ||||||
7 | school year.
Except as provided in subsection (i) of this | ||||||
8 | Section, a school district may
charge a charter school | ||||||
9 | reasonable rent for the use of the district's
buildings, | ||||||
10 | grounds, and facilities. Any services for which a charter | ||||||
11 | school
contracts
with a school district shall be provided by | ||||||
12 | the district at cost. Any services
for which a charter school | ||||||
13 | contracts with a local school board or with the
governing body | ||||||
14 | of a State college or university or public community college
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15 | shall be provided by the public entity at cost.
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16 | (i) In no event shall a charter school that is established | ||||||
17 | by converting an
existing school or attendance center to | ||||||
18 | charter school status be required to
pay rent for space
that is | ||||||
19 | deemed available, as negotiated and provided in the charter | ||||||
20 | agreement,
in school district
facilities. However, all other | ||||||
21 | costs for the operation and maintenance of
school district | ||||||
22 | facilities that are used by the charter school shall be subject
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23 | to negotiation between
the charter school and the local school | ||||||
24 | board and shall be set forth in the
charter.
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25 | (j) A charter school may limit student enrollment by age or | ||||||
26 | grade level.
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1 | (k) If the charter school is approved by the Commission, | ||||||
2 | then the Commission charter school is its own local education | ||||||
3 | agency. | ||||||
4 | (Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; | ||||||
5 | 97-813, eff. 7-13-12; 98-16, eff. 5-24-13.)
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6 | Section 99. Effective date. This Act takes effect July 1, | ||||||
7 | 2014.".
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