Public Act 103-0416
 
HB1120 EnrolledLRB103 04755 RJT 49764 b


  
    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.

    "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.)

 
 

    (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 
the 103rd 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 
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 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

    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 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 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 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.