Illinois General Assembly - Full Text of HB3769
Illinois General Assembly

Previous General Assemblies

Full Text of HB3769  100th General Assembly

HB3769 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3769

 

Introduced , by Rep. Rita Mayfield

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/27A-3
105 ILCS 5/27A-7.10
105 ILCS 5/27A-7.15 new

    Amends the Charter Schools Law of the School Code. Allows institutions of higher education to apply to the State Board of Education to authorize one high-quality opportunity school that prioritizes re-enrolled high school dropouts, opportunity students, or students at risk of dropping out. Sets forth the approval process for university authorizers. Allows university authorizers to review applications and the performance of opportunity schools. Sets forth provisions for fees and funding.


LRB100 10477 MLM 20690 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3769LRB100 10477 MLM 20690 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
527A-3 and 27A-7.10 and by adding Section 27A-7.15 as follows:
 
6    (105 ILCS 5/27A-3)
7    Sec. 27A-3. Definitions. For purposes of this Article:
8    "At-risk pupil" means a pupil who, because of physical,
9emotional, socioeconomic, or cultural factors, is less likely
10to succeed in a conventional educational environment.
11    "Authorizer" means an entity authorized under this Article
12to review applications, decide whether to approve or reject
13applications, enter into charter contracts with applicants,
14oversee charter schools, and decide whether to renew, not
15renew, or revoke a charter.
16    "Commission" means the State Charter School Commission
17established under Section 27A-7.5 of this Code.
18    "Local school board" means the duly elected or appointed
19school board or board of education of a public school district,
20including special charter districts and school districts
21located in cities having a population of more than 500,000,
22organized under the laws of this State.
23    "Opportunity school" means a charter school created

 

 

HB3769- 2 -LRB100 10477 MLM 20690 b

1specifically for opportunity students.
2    "Opportunity student" means a pupil who, because of
3physical, emotional, socioeconomic, or cultural factors, is
4less likely to succeed in a conventional educational
5environment.
6    "State Board" means the State Board of Education.
7    "University authorizer" means an institution that grants 2
8or 4-year degrees that is approved by the State Board as a
9chartering authority, as established under Section 27A-7.15 of
10this Code. A university authorizer shall be either:
11        (1) a public institution of higher education as defined
12    in Section 1 of the Board of Higher Education Act; or
13        (2) a university or college that is deemed a
14    post-secondary educational institution as defined in
15    Section 1 of the Private College Act.
16(Source: P.A. 97-152, eff. 7-20-11.)
 
17    (105 ILCS 5/27A-7.10)
18    Sec. 27A-7.10. Authorizer powers and duties; immunity;
19principles and standards.
20    (a) Authorizers are responsible for executing, in
21accordance with this Article, all of the following powers and
22duties:
23        (1) Soliciting and evaluating charter applications.
24        (2) Approving quality charter applications that meet
25    identified educational needs and promote a diversity of

 

 

HB3769- 3 -LRB100 10477 MLM 20690 b

1    educational choices.
2        (3) Declining to approve weak or inadequate charter
3    applications.
4        (4) Negotiating and executing sound charter contracts
5    with each approved charter school.
6        (5) Monitoring, in accordance with charter contract
7    terms, the performance and legal compliance of charter
8    schools.
9        (6) Determining whether each charter contract merits
10    renewal, nonrenewal, or revocation.
11    (b) An authorizing entity may delegate its duties to
12officers, employees, and contractors.
13    (c) Regulation by authorizers is limited to the powers and
14duties set forth in subsection (a) of this Section and must be
15consistent with the spirit and intent of this Article.
16    (d) An authorizing entity, members of the local school
17board, or the Commission, in their official capacity, and
18employees of an authorizer are immune from civil and criminal
19liability with respect to all activities related to a charter
20school that they authorize, except for willful or wanton
21misconduct.
22    (e) The Commission, and all local school boards, and all
23university authorizers that have a charter school operating are
24required to develop and maintain chartering policies and
25practices consistent with recognized principles and standards
26for quality charter authorizing in all major areas of

 

 

HB3769- 4 -LRB100 10477 MLM 20690 b

1authorizing responsibility, including all of the following:
2        (1) Organizational capacity and infrastructure.
3        (2) Soliciting and evaluating charter applications.
4        (3) Performance contracting.
5        (4) Ongoing charter school oversight and evaluation.
6        (5) Charter renewal decision-making.
7    Authorizers shall carry out all their duties under this
8Article in a manner consistent with nationally recognized
9principles and standards and with the spirit and intent of this
10Article.
11(Source: P.A. 97-152, eff. 7-20-11.)
 
12    (105 ILCS 5/27A-7.15 new)
13    Sec. 27A-7.15. University authorizers; application to
14State Board; opportunity school applications to university
15authorizers.
16    (a) Any public institution of higher education, as defined
17in Section 1 of the Board of Higher Education Act, or a
18post-secondary educational institution, as defined in Section
191 of the Private College Act, that grants 2 or 4-year degrees
20may apply to the State Board to authorize one high-quality
21opportunity school that prioritizes re-enrolled high school
22dropouts, opportunity students, or students at risk of dropping
23out.
24    (b) An eligible university under this Section shall apply
25to the State Board for approval as a university authorizer

 

 

HB3769- 5 -LRB100 10477 MLM 20690 b

1before the university can authorize an opportunity school. An
2applicant shall include in its application to the State Board,
3at minimum, the following:
4        (1) how an opportunity school is a way for the
5    applicant to carry out its mission;
6        (2) a description of the capacity of the applicant to
7    serve as an authorizer, including the personnel who will
8    perform the authorizing duties, their qualifications, the
9    amount of time they will be assigned to this
10    responsibility, and the financial resources allocated by
11    the applicant to this responsibility;
12        (3) a description of the application and review process
13    the applicant will use to make decisions regarding the
14    granting of the opportunity school;
15        (4) the process to be used for providing ongoing
16    oversight of the opportunity school consistent with the
17    contract expectations that assures that the school will
18    comply with both the provisions of applicable law and the
19    contract;
20        (5) the process for making decisions regarding the
21    renewal or termination of the school's contract based on
22    evidence that demonstrates the academic, organizational,
23    and financial competency of the opportunity school,
24    including its success in increasing student achievement
25    and meeting the goals of the opportunity school agreement;
26    and

 

 

HB3769- 6 -LRB100 10477 MLM 20690 b

1        (6) an assurance specifying that the applicant is
2    committed to serving as an authorizer, including a written
3    statement from the applicant's chancellor, president, or
4    other official in a similar role supporting the application
5    for authorization.
6    The State Board shall approve a university authorizer
7application if the applicant demonstrates its ability to
8implement the procedures and satisfy the criteria for
9authorizer responsibilities as set forth in subsection (a) of
10Section 27A-7.10 of this Code.
11    (c) The State Board shall approve or deny a university
12authorizer application within 45 days after receipt of an
13application. The State Board shall notify a denied applicant in
14writing of the specific deficiencies. If denied, the applicant
15may submit a revised application within 30 business days. After
16receipt of the revised application, the State Board has 30
17business days to make a final decision to approve or deny the
18application. A denied applicant under this Section may resubmit
19an application in a future application period.
20    (d) The State Board shall annually review a university
21authorizer's performance and, after completing the review,
22shall transmit a report with findings to the university
23authorizer. The State Board may at any time take corrective
24action against a university authorizer, including terminating
25a university authorizer's ability to authorize an opportunity
26school for:

 

 

HB3769- 7 -LRB100 10477 MLM 20690 b

1        (1) failing to demonstrate the criteria under
2    subsection (b) of this Section under which the State Board
3    approved the university authorizer;
4        (2) unsatisfactory performance as an approved
5    university authorizer; or
6        (3) any good cause shown that provides the State Board
7    a legally sufficient reason to take corrective action
8    against an authorizer.
9    The State Board shall adopt rules to ensure that a
10university authorizer is afforded due process protections
11during a corrective action process. The rules shall include
12providing a university authorizer with written notice of the
13State Board's decision, an opportunity for the university
14authorizer to be heard, and a timeline for final disposition of
15the State Board's decision.
16    (e) In the event that a university authorizer loses its
17authorizing authority, either voluntarily or through State
18Board termination, the State Board shall assist any opportunity
19school authorized by the university authorizer with securing a
20new authorizer. Opportunity schools under a closing university
21authorizer may transfer to a local school board with the
22approval of that local school board. If the local school board
23does not approve a transfer of an opportunity school as allowed
24under this subsection (e), the opportunity school shall be
25transferred to the Commission. The State Board shall approve
26the transfer of an opportunity school authorized by a

 

 

HB3769- 8 -LRB100 10477 MLM 20690 b

1university authorizer to a local school board or the Commission
2under this subsection (e).
3    (f) A university authorizer may approve proposals from new
4opportunity school applicants and existing alternative charter
5schools that meet the definition of an opportunity school and
6that are in the final year of their contract with their local
7school board or boards and may authorize the transfer of an
8existing alternative charter school that is currently
9operating under a contract with a local school board or boards.
10        (1) An alternative charter school that meets the
11    definition of an opportunity school that is currently
12    authorized by a local school board or boards may seek
13    transfer of authorization to a university authorizer
14    during its current term only with the approval of the local
15    school board or boards.
16        (2) An alternative charter school that meets the
17    definition of an opportunity school that is authorized by a
18    local school board or boards may apply to not more than one
19    university authorizer during the final year of its contract
20    in lieu of applying for a renewal with its current local
21    school board authorizer. An alternative charter school
22    originally authorized by a local school board or boards
23    shall not simultaneously apply to both a university
24    authorizer for a new opportunity school contract and its
25    local school board or boards for a renewed charter
26    contract. If a university authorizer approves an

 

 

HB3769- 9 -LRB100 10477 MLM 20690 b

1    application from an existing alternative charter school,
2    the alternative charter school and its local school board
3    or boards shall terminate their charter contract on June 30
4    of that calendar year and shall engage in the closure
5    processes set forth in subsection (a) of Section 27A-10.10
6    of this Code, unless the alternative charter school and
7    local school board or boards mutually agree to other terms.
8    If an alternative charter school originally authorized by a
9    local school board or boards is denied approval from a
10    university authorizer, the alternative charter school may
11    appeal its local school board's or boards' decision not to
12    renew to the Commission. The Commission shall abide by the
13    requirements set forth in Section 27A-9 of this Code
14    regarding appeals of local school board's decisions not to
15    renew a charter.
16    (g) In evaluating any opportunity school proposal
17submitted to it, a university authorizer shall give preference
18to proposals that:
19        (1) demonstrate a high level of local pupil, parental,
20    community, business, and school personnel support;
21        (2) set rigorous levels of expected pupil achievement
22    and demonstrate feasible plans for attaining those levels
23    of achievement; and
24        (3) are designed to enroll and serve a substantial
25    proportion of re-enrolled high school dropouts, students
26    at risk of dropping out, or opportunity students.

 

 

HB3769- 10 -LRB100 10477 MLM 20690 b

1    (h) An opportunity school approved by a university
2authorizer shall be its own local education agency.
3    (i) A university authorizer shall grant an opportunity
4school charter in accordance with the terms set forth in
5subsection (a) of Section 27A-9 of this Code. A university
6authorizer shall evaluate decisions to renew, not to renew, or
7revoke an opportunity school in accordance with the
8requirements set forth in subsection (b) of Section 27A-9 and
9subsection (c) of Section 27A-9 of this Code. An opportunity
10school authorized by university authorizers may appeal a
11decision to revoke or not to renew its contract to the
12Commission, as set forth by the procedures in Section 27A-9 of
13this Code.
14    (j) A university authorizer may charge an opportunity
15school that it authorizes a fee, not to exceed 3% of the
16revenue provided to the school, to cover the cost of
17undertaking the ongoing administrative responsibilities with
18respect to the opportunity school. The revenues from the fees
19shall be used for the following purposes: personal services,
20contractual services, and other operational and administrative
21costs related to the authorization and oversight of the
22university authorizer's opportunity school.
23    (k) In no event shall the funding for university-authorized
24opportunity schools be less than 100% of the host school
25district's per capita student tuition multiplied by the number
26of students residing in the host school district who are

 

 

HB3769- 11 -LRB100 10477 MLM 20690 b

1enrolled in the university-authorized opportunity school. The
2university authorizer shall report the aggregate number of
3opportunity school pupils resident in a school district to the
4State Board. The State Board shall report the enrollment
5numbers to that district and shall notify the district of the
6amount of funding to be paid to the university-authorized
7opportunity school enrolling such students. The State Board
8shall pay those amounts directly to the university-authorized
9opportunity school.
10    (l) The State Board shall pay directly to a
11university-authorized opportunity school any federal or State
12aid attributable to a student with a disability attending the
13school. The proportionate share of moneys generated under other
14federal or State categorical aid programs shall be directed to
15the opportunity schools serving students eligible for that aid.
16    (m) Enrollment in a university-authorized opportunity
17school shall be open to any student who resides within 50 miles
18of the university-authorized opportunity school.