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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section |
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| 27A-5 as follows:
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| (105 ILCS 5/27A-5)
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| Sec. 27A-5. Charter school; legal entity; requirements.
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| (a) A charter school shall be a public, nonsectarian, |
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| nonreligious, non-home
based, and non-profit school. A charter |
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| school shall be organized and operated
as a nonprofit |
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| corporation or other discrete, legal, nonprofit entity
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| authorized under the laws of the State of Illinois.
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| (b) A charter school may be established under this Article |
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| by creating a new
school or by converting an existing public |
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| school or attendance center to
charter
school status.
Beginning |
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| on the effective date of this amendatory Act of the 93rd |
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| General
Assembly, in all new
applications submitted to the |
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| State Board or a local school board to establish
a charter
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| school in a city having a population exceeding 500,000, |
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| operation of the
charter
school shall be limited to one campus. |
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| The changes made to this Section by this
amendatory Act
of the |
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| 93rd General
Assembly do not apply to charter schools existing |
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| or approved on or before the
effective date of this
amendatory |
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| Act.
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| (c) A charter school shall be administered and governed by |
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| its board of
directors or other governing body
in the manner |
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| provided in its charter. The governing body of a charter school
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| shall be subject to the Freedom of Information Act and the Open |
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| Meetings Act.
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| (d) A charter school shall comply with all applicable |
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| health and safety
requirements applicable to public schools |
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| under the laws of the State of
Illinois.
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| (e) Except as otherwise provided in the School Code, a |
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| charter school shall
not charge tuition; provided that a |
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| charter school may charge reasonable fees
for textbooks, |
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| instructional materials, and student activities.
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| (f) A charter school shall be responsible for the |
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| management and operation
of its fiscal affairs including,
but |
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| not limited to, the preparation of its budget. An audit of each |
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| charter
school's finances shall be conducted annually by an |
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| outside, independent
contractor retained by the charter |
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| school.
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| (g) A charter school shall comply with all provisions of |
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| this Article , the Illinois Educational Labor Relations Act, and
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| its charter. A charter
school is exempt from all other State |
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| laws and regulations in the School Code
governing public
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| schools and local school board policies, except the following:
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| (1) Sections 10-21.9 and 34-18.5 of the School Code |
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| regarding criminal
history records checks and checks of the |
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| Statewide Sex Offender Database of applicants for |
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| employment;
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| (2) Sections 24-24 and 34-84A of the School Code |
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| regarding discipline of
students;
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| (3) The Local Governmental and Governmental Employees |
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| Tort Immunity Act;
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| (4) Section 108.75 of the General Not For Profit |
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| Corporation Act of 1986
regarding indemnification of |
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| officers, directors, employees, and agents;
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| (5) The Abused and Neglected Child Reporting Act;
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| (6) The Illinois School Student Records Act; and
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| (7) Section 10-17a of the School Code regarding school |
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| report cards.
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| The change made by this amendatory Act of the 96th General |
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| Assembly to this subsection (g) is declaratory of existing law. |
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| (h) A charter school may negotiate and contract with a |
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| school district, the
governing body of a State college or |
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| university or public community college, or
any other public or |
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| for-profit or nonprofit private entity for: (i) the use
of a |
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| school building and grounds or any other real property or |
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| facilities that
the charter school desires to use or convert |
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| for use as a charter school site,
(ii) the operation and |
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| maintenance thereof, and
(iii) the provision of any service, |
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| activity, or undertaking that the charter
school is required to |
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| perform in order to carry out the terms of its charter.
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| However, a charter school
that is established on
or
after the |
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| effective date of this amendatory Act of the 93rd General
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| Assembly and that operates
in a city having a population |
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| exceeding
500,000 may not contract with a for-profit entity to
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| manage or operate the school during the period that commences |
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| on the
effective date of this amendatory Act of the 93rd |
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| General Assembly and
concludes at the end of the 2004-2005 |
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| school year.
Except as provided in subsection (i) of this |
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| Section, a school district may
charge a charter school |
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| reasonable rent for the use of the district's
buildings, |
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| grounds, and facilities. Any services for which a charter |
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| school
contracts
with a school district shall be provided by |
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| the district at cost. Any services
for which a charter school |
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| contracts with a local school board or with the
governing body |
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| of a State college or university or public community college
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| shall be provided by the public entity at cost.
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| (i) In no event shall a charter school that is established |
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| by converting an
existing school or attendance center to |
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| charter school status be required to
pay rent for space
that is |
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| deemed available, as negotiated and provided in the charter |
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| agreement,
in school district
facilities. However, all other |
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| costs for the operation and maintenance of
school district |
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| facilities that are used by the charter school shall be subject
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| to negotiation between
the charter school and the local school |
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| board and shall be set forth in the
charter.
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| (j) A charter school may limit student enrollment by age or |
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| grade level.
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| (Source: P.A. 93-3, eff. 4-16-03; 93-909, eff. 8-12-04; 94-219, |
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| eff. 7-14-05.)
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| Section 10. The Illinois Educational Labor Relations Act is |
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| amended by changing Section 2 as follows:
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| (115 ILCS 5/2) (from Ch. 48, par. 1702)
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| Sec. 2. Definitions. As used in this Act:
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| (a) "Educational employer"
or "employer" means the |
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| governing body of a public school district, including the |
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| governing body of a charter school established under Article |
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| 27A of the School Code or of a contract school or contract |
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| turnaround school established under paragraph 30 of Section |
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| 34-18 of the School Code, combination
of public school |
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| districts, including the governing body of joint agreements
of |
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| any type formed by 2 or more school districts, public community |
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| college
district or State college or university, a |
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| subcontractor of instructional services of a school district |
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| (other than a school district organized under Article 34 of the |
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| School Code), combination of school districts, charter school |
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| established under Article 27A of the School Code, or contract |
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| school or contract turnaround school established under |
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| paragraph 30 of Section 34-18 of the School Code, and any State |
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| agency whose major
function is providing educational services.
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| "Educational employer" or "employer" does not include (1) a |
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| Financial Oversight
Panel created pursuant to Section 1A-8 of |
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| the School Code due to a
district
violating a financial plan or |
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| (2) an approved nonpublic special education facility that |
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| contracts with a school district or combination of school |
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| districts to provide special education services pursuant to |
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| Section 14-7.02 of the School Code, but does include a School |
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| Finance Authority
created
under Article 1E or 1F of the School |
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| Code. The change made by this amendatory Act of the 96th |
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| General Assembly to this paragraph (a) to make clear that the |
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| governing body of a charter school is an "educational employer" |
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| is declaratory of existing law.
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| (b) "Educational employee" or "employee" means any |
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| individual, excluding
supervisors, managerial, confidential, |
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| short term employees, student, and
part-time academic |
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| employees of community colleges employed full or part
time by |
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| an educational employer, but shall not include elected |
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| officials
and appointees of the Governor with the advice and |
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| consent of the Senate,
firefighters as defined by subsection |
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| (g-1) of Section 3 of the Illinois
Public Labor Relations Act, |
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| and peace officers employed by a State
university. For the |
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| purposes of this Act, part-time
academic employees of community |
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| colleges shall be defined as those
employees who provide less |
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| than 3 credit hours of instruction per
academic
semester. In |
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| this subsection (b), the term "student"
includes graduate |
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| students who are research assistants primarily
performing |
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| duties that involve research or graduate assistants primarily
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| performing duties that are pre-professional, but excludes |
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| graduate
students who are teaching assistants primarily |
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| performing duties that
involve the delivery and support of |
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| instruction and all other graduate
assistants.
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| (c) "Employee organization" or "labor organization" means |
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| an organization
of any kind in which membership includes |
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| educational employees, and which
exists for the purpose, in |
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| whole or in part, of dealing with employers
concerning |
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| grievances, employee-employer disputes, wages, rates of pay,
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| hours of employment, or conditions of work, but shall not |
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| include any
organization which practices discrimination in |
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| membership because of race,
color, creed, age, gender, national |
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| origin or political affiliation.
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| (d) "Exclusive representative" means the labor |
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| organization which has
been designated by the Illinois |
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| Educational Labor Relations Board as the
representative of the |
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| majority of educational employees in an appropriate
unit, or |
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| recognized by an educational employer prior to January 1, 1984 |
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| as
the exclusive representative of the employees in an |
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| appropriate unit or,
after January 1, 1984, recognized by an |
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| employer upon evidence that the
employee organization has been |
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| designated as the exclusive representative
by a majority of the |
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| employees in an appropriate unit.
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| (e) "Board" means the Illinois Educational Labor Relations |
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| Board.
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| (f) "Regional Superintendent" means the regional |
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| superintendent of
schools provided for in Articles 3 and 3A of |
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| The School Code.
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| (g) "Supervisor" means any individual having authority in |
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| the interests
of the employer to hire, transfer, suspend, lay |
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| off, recall, promote,
discharge, reward or discipline other |
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| employees within the appropriate
bargaining unit and adjust |
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| their grievances, or to effectively recommend
such action if |
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| the exercise of such authority is not of a merely routine or
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| clerical nature but requires the use of independent judgment. |
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| The term
"supervisor" includes only those individuals who |
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| devote a preponderance of
their employment time to such |
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| exercising authority.
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| (h) "Unfair labor practice" or "unfair practice" means any |
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| practice
prohibited by Section 14 of this Act.
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| (i) "Person" includes an individual, educational employee, |
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| educational
employer, legal representative, or employee |
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| organization.
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| (j) "Wages" means salaries or other forms of compensation |
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| for services
rendered.
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| (k) "Professional employee" means, in the case of a public |
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| community
college, State college or university, State agency |
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| whose major function is
providing educational services, the |
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| Illinois School for the Deaf, and the
Illinois School for the |
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| Visually Impaired, (1) any employee engaged in work
(i) |
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| predominantly intellectual and varied in character as opposed |
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| to
routine mental, manual, mechanical, or physical work; (ii) |
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| involving the
consistent exercise of discretion and judgment in |
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| its performance; (iii) of
such character that the output |
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| produced or the result accomplished cannot
be standardized in |
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| relation to a given period of time; and (iv) requiring
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| knowledge of an advanced type in a field of science or learning |
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| customarily
acquired by a prolonged course of specialized |
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| intellectual instruction and
study in an institution of higher |
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| learning or a hospital, as distinguished
from a general |
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| academic education or from an apprenticeship or from training
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| in the performance of routine mental, manual, or physical |
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| processes; or
(2) any employee, who (i) has completed the |
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| courses of specialized
intellectual instruction and study |
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| described in clause (iv) of paragraph
(1) of this subsection, |
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| and (ii) is performing related work under the
supervision of a |
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| professional person to qualify himself or herself to
become a |
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| professional as defined in paragraph (l).
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| (l) "Professional employee" means, in the case of any |
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| public school
district, or combination of school districts |
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| pursuant to joint agreement,
any employee who has a certificate |
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| issued under Article 21 or Section 34-83
of the School Code, as |
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| now or hereafter amended.
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| (m) "Unit" or "bargaining unit" means any group of |
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| employees for which
an exclusive representative is selected.
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| (n) "Confidential employee" means an employee, who (i) in |
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| the regular
course of his or her duties, assists and acts in a |
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| confidential capacity to
persons who formulate, determine and |
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| effectuate management policies with
regard to labor relations |
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| or who (ii) in the regular course of his or her
duties has |
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| access to information relating to the effectuation or review of
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| the employer's collective bargaining policies.
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| (o) "Managerial employee" means an individual who is |
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| engaged
predominantly in executive and management functions |
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| and is charged with the
responsibility of directing the |
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| effectuation of such management policies and
practices.
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| (p) "Craft employee" means a skilled journeyman, craft |
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| person, and his
or her apprentice or helper.
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| (q) "Short-term employee" is an employee who is employed |
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| for less than
2 consecutive calendar quarters during a calendar |
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| year and who does not
have a reasonable expectation that he or |
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| she will be rehired by the same
employer for the same service |
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| in a subsequent calendar year. Nothing in
this subsection shall |
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| affect the employee status of individuals who were
covered by a |
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| collective bargaining agreement on the effective date of this
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| amendatory Act of 1991.
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| (Source: P.A. 95-331, eff. 8-21-07.)
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