Senate votes to impose new ESL, disabled rules on charter schools

SPRINGFIELD–The Senate voted Thursday to have charter schools accommodate disabled children and those who speak English as a second language, a plan that several lawmakers worried would choke charter schools’ “flexibility.”

The measure, sponsored by Sen. Kimberly Lightford, D-Maywood, passed in the Senate 34-15 and goes to Gov. Pat Quinn.

“These are unique children: These are children who have disabilities and children who have an English language barrier,” Lightford said. “This is an absolute necessary to effectuate the guarantee that students with disabilities be afforded the same rights and safeguards in all of our public schools regardless of school type.”

Sen. Kyle McCarter, R-Lebanon, who voted against the plan, said he was worried House Bill 4527 would jeopardize the autonomy of charter schools.

“What you’re doing with this bill is you’re taking away the flexibility and innovation that has characterized charters and made them a success,” McCarter said. “If you want to make charter schools like regular public schools, this bill’s for you.”

Sen. Jim Oberweis, R-Sugar Grove and the GOP candidate for U.S. Senate, added that parents might have less “educational opportunity” as a result of the bill.

“It seems like it’s going to make it more difficult for the charter schools, and end up in the long run, providing less choice,” Oberweis said. “Am I incorrect?”

Lightford said he was wrong about the nature of her bill.

“It actually opens the door for more children,” Lightford said. “These are critical areas. It’s not some general, vague program. We’re talking about kids who have special needs and they should be addressed an able to attend that local charter school as well.”

Lightford said charter schools, like every other school, are subject to federal law and that her bill helps “ensure that federal and state anti-discrimination laws are enforced consistenly in every public school in Illinois.”

But Sen. Martin Sandoval, D-Chicago, who didn’t support the bill, said he and his wife, who comes from Mexico, raised their children speaking Spanish.

“There are two tools that are important to succeed in America and those are being a citizen and speaking English, not Spanish,” said Sandoval, D-Chicago. “It was important for us that our children learn English and be educated in English and be proficient in English… If the Illinois State Board of Education wants to implement federal mandates on bilingual education well they should have done it when they authorized the charter.”

Sen. William Delgado, D-Chicago, said it’s all about complying with federal laws and thinking about the “next generation” instead of the “next campaign.”

“The intent of this legislation is to clarify that charters schools are required to comply with special education and ESL laws,” Delgado said. “No one seems to be discussing the urgency of the compliance.”