Bill Text: IL SB3505 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Charter Schools Law of the School Code. Provides that any renewal of a certified charter must include a union neutrality clause. Requires a union neutrality clause to be included in a charter school proposal. Defines "union neutrality clause". Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3505 Detail]

Download: Illinois-2019-SB3505-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3505 Introduced 2/13/2020, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
105 ILCS 5/27A-3
105 ILCS 5/27A-6
105 ILCS 5/27A-7
Amends the Charter Schools Law of the School Code. Provides that any renewal of a certified charter must include a union neutrality clause. Requires a union neutrality clause to be included in a charter school proposal. Defines "union neutrality clause". Effective immediately.
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A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
27A-3, 27A-6, and 27A-7 as follows:
(105 ILCS 5/27A-3)
Sec. 27A-3. Definitions. For purposes of this Article:
"At-risk pupil" means a pupil who, because of physical,
emotional, socioeconomic, or cultural factors, is less likely
to succeed in a conventional educational environment.
"Authorizer" means an entity authorized under this Article
to review applications, decide whether to approve or reject
applications, enter into charter contracts with applicants,
oversee charter schools, and decide whether to renew, not
renew, or revoke a charter.
"Commission" means the State Charter School Commission
established under Section 27A-7.5 of this Code.
"Local school board" means the duly elected or appointed
school board or board of education of a public school district,
including special charter districts and school districts
located in cities having a population of more than 500,000,
organized under the laws of this State.
"State Board" means the State Board of Education.

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"Union neutrality clause" means a provision whereby a
charter school agrees: (1) to be neutral regarding the
unionization of any of its employees, such that the charter
school will not at any time express a position on the matter of
whether its employees will be unionized and such that the
charter school will not threaten, intimidate, discriminate
against, retaliate against, or take any adverse action against
any employees based on their decision to support or oppose
union representation; (2) to provide any bona fide labor
organization access at reasonable times to areas in which the
charter school's employees work for the purpose of meeting with
employees to discuss their right to representation, employment
rights under the law, and terms and conditions of employment;
and (3) that union recognition shall be through a majority card
check verified by a neutral third-party arbitrator mutually
selected by the charter school and the bona fide labor
organization through alternate striking from a panel of
arbitrators provided by the Federal Mediation and Conciliation
Service. As used in this definition, "bona fide labor
organization" means a labor organization recognized under the
National Labor Relations Act or the Illinois Educational Labor
Relations Act. As used in this definition, "employees" means
non-represented, non-management, and non-confidential
employees of a charter school.
(Source: P.A. 97-152, eff. 7-20-11.)

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(105 ILCS 5/27A-6)
Sec. 27A-6. Contract contents; applicability of laws and
regulations.
(a) A certified charter shall constitute a binding contract
and agreement between the charter school and a local school
board under the terms of which the local school board
authorizes the governing body of the charter school to operate
the charter school on the terms specified in the contract.
(b) Notwithstanding any other provision of this Article,
the certified charter may not waive or release the charter
school from the State goals, standards, and assessments
established pursuant to Section 2-3.64a-5 of this Code.
Beginning with the 2003-2004 school year, the certified charter
for a charter school operating in a city having a population
exceeding 500,000 shall require the charter school to
administer any other nationally recognized standardized tests
to its students that the chartering entity administers to other
students, and the results on such tests shall be included in
the chartering entity's assessment reports.
(c) Subject to the provisions of subsection (e), a material
revision to a previously certified contract or a renewal shall
be made with the approval of both the local school board and
the governing body of the charter school.
(c-5) The proposed contract shall include a provision on
how both parties will address minor violations of the contract.
(c-10) After the effective date of this amendatory Act of

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the 101st General Assembly, any renewal of a certified charter
must include a union neutrality clause.
(d) The proposed contract between the governing body of a
proposed charter school and the local school board as described
in Section 27A-7 must be submitted to and certified by the
State Board before it can take effect. If the State Board
recommends that the proposed contract be modified for
consistency with this Article before it can be certified, the
modifications must be consented to by both the governing body
of the charter school and the local school board, and
resubmitted to the State Board for its certification. If the
proposed contract is resubmitted in a form that is not
consistent with this Article, the State Board may refuse to
certify the charter.
The State Board shall assign a number to each submission or
resubmission in chronological order of receipt, and shall
determine whether the proposed contract is consistent with the
provisions of this Article. If the proposed contract complies,
the State Board shall so certify.
(e) No renewal of a previously certified contract is
effective unless and until the State Board certifies that the
renewal is consistent with the provisions of this Article. A
material revision to a previously certified contract may go
into effect immediately upon approval of both the local school
board and the governing body of the charter school, unless
either party requests in writing that the State Board certify

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that the material revision is consistent with the provisions of
this Article. If such a request is made, the proposed material
revision is not effective unless and until the State Board so
certifies.
(Source: P.A. 98-972, eff. 8-15-14; 98-1048, eff. 8-25-14;
99-78, eff. 7-20-15.)
(105 ILCS 5/27A-7)
Sec. 27A-7. Charter submission.
(a) A proposal to establish a charter school shall be
submitted to the local school board and the State Board for
certification under Section 27A-6 of this Code in the form of a
proposed contract entered into between the local school board
and the governing body of a proposed charter school. The
charter school proposal shall include:
(1) The name of the proposed charter school, which must
include the words "Charter School".
(2) The age or grade range, areas of focus, minimum and
maximum numbers of pupils to be enrolled in the charter
school, and any other admission criteria that would be
legal if used by a school district.
(3) A description of and address for the physical plant
in which the charter school will be located; provided that
nothing in the Article shall be deemed to justify delaying
or withholding favorable action on or approval of a charter
school proposal because the building or buildings in which

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the charter school is to be located have not been acquired
or rented at the time a charter school proposal is
submitted or approved or a charter school contract is
entered into or submitted for certification or certified,
so long as the proposal or submission identifies and names
at least 2 sites that are potentially available as a
charter school facility by the time the charter school is
to open.
(4) The mission statement of the charter school, which
must be consistent with the General Assembly's declared
purposes; provided that nothing in this Article shall be
construed to require that, in order to receive favorable
consideration and approval, a charter school proposal
demonstrate unequivocally that the charter school will be
able to meet each of those declared purposes, it being the
intention of the Charter Schools Law that those purposes be
recognized as goals that charter schools must aspire to
attain.
(5) The goals, objectives, and pupil performance
standards to be achieved by the charter school.
(6) In the case of a proposal to establish a charter
school by converting an existing public school or
attendance center to charter school status, evidence that
the proposed formation of the charter school has received
the approval of certified teachers, parents and guardians,
and, if applicable, a local school council as provided in

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subsection (b) of Section 27A-8.
(7) A description of the charter school's educational
program, pupil performance standards, curriculum, school
year, school days, and hours of operation.
(8) A description of the charter school's plan for
evaluating pupil performance, the types of assessments
that will be used to measure pupil progress towards
achievement of the school's pupil performance standards,
the timeline for achievement of those standards, and the
procedures for taking corrective action in the event that
pupil performance at the charter school falls below those
standards.
(9) Evidence that the terms of the charter as proposed
are economically sound for both the charter school and the
school district, a proposed budget for the term of the
charter, a description of the manner in which an annual
audit of the financial and administrative operations of the
charter school, including any services provided by the
school district, are to be conducted, and a plan for the
displacement of pupils, teachers, and other employees who
will not attend or be employed in the charter school.
(10) A description of the governance and operation of
the charter school, including the nature and extent of
parental, professional educator, and community involvement
in the governance and operation of the charter school.
(11) An explanation of the relationship that will exist

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between the charter school and its employees, including
evidence that the terms and conditions of employment have
been addressed with affected employees and their
recognized representative, if any. However, a bargaining
unit of charter school employees shall be separate and
distinct from any bargaining units formed from employees of
a school district in which the charter school is located.
(12) An agreement between the parties regarding their
respective legal liability and applicable insurance
coverage.
(13) A description of how the charter school plans to
meet the transportation needs of its pupils, and a plan for
addressing the transportation needs of low-income and
at-risk pupils.
(14) The proposed effective date and term of the
charter; provided that the first day of the first academic
year shall be no earlier than August 15 and no later than
September 15 of a calendar year, and the first day of the
fiscal year shall be July 1.
(14.5) Disclosure of any known active civil or criminal
investigation by a local, state, or federal law enforcement
agency into an organization submitting the charter school
proposal or a criminal investigation by a local, state, or
federal law enforcement agency into any member of the
governing body of that organization. For the purposes of
this subdivision (14.5), a known investigation means a

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request for an interview by a law enforcement agency, a
subpoena, an arrest, or an indictment. Such disclosure is
required for a period from the initial application
submission through 10 business days prior to the
authorizer's scheduled decision date.
(14.7) A union neutrality clause.
(15) Any other information reasonably required by the
State Board of Education.
(b) A proposal to establish a charter school may be
initiated by individuals or organizations that will have
majority representation on the board of directors or other
governing body of the corporation or other discrete legal
entity that is to be established to operate the proposed
charter school, by a board of education or an intergovernmental
agreement between or among boards of education, or by the board
of directors or other governing body of a discrete legal entity
already existing or established to operate the proposed charter
school. The individuals or organizations referred to in this
subsection may be school teachers, school administrators,
local school councils, colleges or universities or their
faculty members, public community colleges or their
instructors or other representatives, corporations, or other
entities or their representatives. The proposal shall be
submitted to the local school board for consideration and, if
appropriate, for development of a proposed contract to be
submitted to the State Board for certification under Section

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27A-6.
(c) The local school board may not without the consent of
the governing body of the charter school condition its approval
of a charter school proposal on acceptance of an agreement to
operate under State laws and regulations and local school board
policies from which the charter school is otherwise exempted
under this Article.
(Source: P.A. 98-739, eff. 7-16-14; 98-1048, eff. 8-25-14;
99-78, eff. 7-20-15; 99-334, eff. 8-10-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.