Rep. William Davis
Filed: 5/23/2014
 
 


 




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1
AMENDMENT TO SENATE BILL 2793




2 AMENDMENT NO. ______. Amend Senate Bill 2793, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:


5 "Section 5. The School Code is amended by adding Section 
62-3.160 and by changing Section 27A-5 as follows:

7 (105 ILCS 5/2-3.160 new)
8 Sec. 2-3.160. Student discipline report; school discipline 
9improvement plan. 
10 (a) On or before October 31, 2015 and on or before October 
1131 of each subsequent year, the State Board of Education, 
12through the State Superintendent of Education, shall prepare a 
13report on student discipline in all school districts in this 
14State, including State-authorized charter schools. This report 
15shall include data from all public schools within school 
16districts, including district-authorized charter schools. This 
 
 
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1report must be posted on the Internet website of the State 
2Board of Education. The report shall include data on the 
3issuance of out-of-school suspensions, expulsions, and 
4removals to alternative settings in lieu of another 
5disciplinary action, disaggregated by race and ethnicity, 
6gender, age, grade level, limited English proficiency, 
7incident type, and discipline duration.
8 (b) The State Board of Education shall analyze the data 
9under subsection (a) of this Section on an annual basis and 
10determine the top 20% of school districts for the following 
11metrics:
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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1consecutive school years, beginning with the 2014-2015 school 
2year.
3 Beginning with the 2017-2018 school year, the State Board 
4of Education shall require each of the school districts that 
5are identified in the top 20% of any of the metrics described 
6in this subsection (b) for 3 consecutive years to submit a plan 
7identifying the strategies the school district will implement 
8to reduce the use of exclusionary disciplinary practices or 
9racial disproportionality or both, if applicable. School 
10districts that no longer meet the criteria described in any of 
11the metrics described in this subsection (b) for 3 consecutive 
12years shall no longer be required to submit a plan. 
13 This plan may be combined with any other improvement plans 
14required under federal or State law.
15 The calculation of the top 20% of any of the metrics 
16described in this subsection (b) shall exclude all school 
17districts, State-authorized charter schools, and special 
18charter districts that issued fewer than a total of 10 
19out-of-school suspensions or expulsions, whichever is 
20applicable, during the school year. The calculation of the top 
2120% of metric described in subdivision (3) of this subsection 
22(b) shall exclude all school districts with an enrollment of 
23fewer than 50 white students or fewer than 50 students of 
24color.
25 The plan must be approved at a public school board meeting 
26and posted on the school district's Internet website. Within 
 
 
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1one year after being identified, the school district shall 
2submit to the State Board of Education and post on the 
3district's Internet website a progress report describing the 
4implementation of the plan and the results achieved. 



5 (105 ILCS 5/27A-5)


6 Sec. 27A-5. Charter school; legal entity; requirements. 

7 (a) A charter school shall be a public, nonsectarian, 
8nonreligious, non-home
based, and non-profit school. A charter 
9school shall be organized and operated
as a nonprofit 
10corporation or other discrete, legal, nonprofit entity

11authorized under the laws of the State of Illinois.

12 (b) A charter school may be established under this Article 
13by creating a new
school or by converting an existing public 
14school or attendance center to
charter
school status.
Beginning 
15on the effective date of this amendatory Act of the 93rd 
16General
Assembly, in all new
applications submitted to the 
17State Board or a local school board to establish
a charter

18school in a city having a population exceeding 500,000, 
19operation of the
charter
school shall be limited to one campus. 
20The changes made to this Section by this
amendatory Act
of the 
2193rd General
Assembly do not apply to charter schools existing 
22or approved on or before the
effective date of this
amendatory 
23Act.
24 (b-5) In this subsection (b-5), "virtual-schooling" means 
25the teaching of courses through online methods with online 
 
 
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1instructors, rather than the instructor and student being at 
2the same physical location. "Virtual-schooling" includes 
3without limitation instruction provided by full-time, online 
4virtual schools.
5 From April 1, 2013 through April 1, 2014, there is a 
6moratorium on the establishment of charter schools with 
7virtual-schooling components in school districts other than a 
8school district organized under Article 34 of this Code. This 
9moratorium does not apply to a charter school with 
10virtual-schooling components existing or approved prior to 
11April 1, 2013 or to the renewal of the charter of a charter 
12school with virtual-schooling components already approved 
13prior to April 1, 2013.
14 On or before March 1, 2014, the Commission shall submit to 
15the General Assembly a report on the effect of 
16virtual-schooling, including without limitation the effect on 
17student performance, the costs associated with 
18virtual-schooling, and issues with oversight. The report shall 
19include policy recommendations for virtual-schooling. 

20 (c) A charter school shall be administered and governed by 
21its board of
directors or other governing body
in the manner 
22provided in its charter. The governing body of a charter school

23shall be subject to the Freedom of Information Act and the Open 
24Meetings Act.

25 (d) A charter school shall comply with all applicable 
26health and safety
requirements applicable to public schools 
 
 
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1under the laws of the State of
Illinois.

2 (e) Except as otherwise provided in the School Code, a 
3charter school shall
not charge tuition; provided that a 
4charter school may charge reasonable fees
for textbooks, 
5instructional materials, and student activities.

6 (f) A charter school shall be responsible for the 
7management and operation
of its fiscal affairs including,
but 
8not limited to, the preparation of its budget. An audit of each 
9charter
school's finances shall be conducted annually by an 
10outside, independent
contractor retained by the charter 
11school. Annually, by December 1, every charter school must 
12submit to the State Board a copy of its audit and a copy of the 
13Form 990 the charter school filed that year with the federal 
14Internal Revenue Service. 

15 (g) A charter school shall comply with all provisions of 
16this Article, the Illinois Educational Labor Relations Act, and

17its charter. A charter
school is exempt from all other State 
18laws and regulations in the School Code
governing public

19schools and local school board policies, except the following:


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;


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;


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;


6  (5) The Abused and Neglected Child Reporting Act;


7  (6) The Illinois School Student Records Act;


8  (7) Section 10-17a of the School Code regarding school 
9 report cards; and

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) 
15is declaratory of existing law.
16 (h) A charter school may negotiate and contract with a 
17school district, the
governing body of a State college or 
18university or public community college, or
any other public or 
19for-profit or nonprofit private entity for: (i) the use
of a 
20school building and grounds or any other real property or 
21facilities that
the charter school desires to use or convert 
22for use as a charter school site,
(ii) the operation and 
23maintenance thereof, and
(iii) the provision of any service, 
24activity, or undertaking that the charter
school is required to 
25perform in order to carry out the terms of its charter.

26However, a charter school
that is established on
or
after the 
 
 
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1effective date of this amendatory Act of the 93rd General

2Assembly and that operates
in a city having a population 
3exceeding
500,000 may not contract with a for-profit entity to

4manage or operate the school during the period that commences 
5on the
effective date of this amendatory Act of the 93rd 
6General Assembly and
concludes at the end of the 2004-2005 
7school year.
Except as provided in subsection (i) of this 
8Section, a school district may
charge a charter school 
9reasonable rent for the use of the district's
buildings, 
10grounds, and facilities. Any services for which a charter 
11school
contracts
with a school district shall be provided by 
12the district at cost. Any services
for which a charter school 
13contracts with a local school board or with the
governing body 
14of a State college or university or public community college

15shall be provided by the public entity at cost.

16 (i) In no event shall a charter school that is established 
17by converting an
existing school or attendance center to 
18charter school status be required to
pay rent for space
that is 
19deemed available, as negotiated and provided in the charter 
20agreement,
in school district
facilities. However, all other 
21costs for the operation and maintenance of
school district 
22facilities that are used by the charter school shall be subject

23to negotiation between
the charter school and the local school 
24board and shall be set forth in the
charter.

25 (j) A charter school may limit student enrollment by age or 
26grade level.

 
 
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1 (k) If the charter school is approved by the Commission, 
2then the Commission charter school is its own local education 
3agency. 
4(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; 
597-813, eff. 7-13-12; 98-16, eff. 5-24-13.)



6 Section 99. Effective date. This Act takes effect July 1, 
72014.".