HB3769 100TH GENERAL ASSEMBLY

LRB100 10477 MLM 20690 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 and 27A-7.10 and by adding Section 27A-7.15 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.

"Opportunity school" means a charter school created specifically for opportunity students.

"Opportunity student" means a pupil who, because of physical, emotional, socioeconomic, or cultural factors, is less likely to succeed in a conventional educational environment.

"State Board" means the State Board of Education.

"University authorizer" means an institution that grants 2 or 4-year degrees that is approved by the State Board as a chartering authority, as established under Section 27A-7.15 of this Code. A university authorizer shall be either:

(1) a public institution of higher education as defined in Section 1 of the Board of Higher Education Act; or

(2) a university or college that is deemed a post-secondary educational institution as defined in Section 1 of the Private College Act.

(Source: P.A. 97-152, eff. 7-20-11.)

(105 ILCS 5/27A-7.10)

Sec. 27A-7.10. Authorizer powers and duties; immunity; principles and standards.

(a) Authorizers are responsible for executing, in accordance with this Article, all of the following powers and duties:

(1) Soliciting and evaluating charter applications.

(2) Approving quality charter applications that meet identified educational needs and promote a diversity of educational choices.

(3) Declining to approve weak or inadequate charter applications.

(4) Negotiating and executing sound charter contracts with each approved charter school.

(5) Monitoring, in accordance with charter contract terms, the performance and legal compliance of charter schools.

(6) Determining whether each charter contract merits renewal, nonrenewal, or revocation.

(b) An authorizing entity may delegate its duties to officers, employees, and contractors.

(c) Regulation by authorizers is limited to the powers and duties set forth in subsection (a) of this Section and must be consistent with the spirit and intent of this Article.

(d) An authorizing entity, members of the local school board, or the Commission, in their official capacity, and employees of an authorizer are immune from civil and criminal liability with respect to all activities related to a charter school that they authorize, except for willful or wanton misconduct.

(e) The Commission, and all local school boards, and all university authorizers that have a charter school operating are required to develop and maintain chartering policies and practices consistent with recognized principles and standards for quality charter authorizing in all major areas of authorizing responsibility, including all of the following:

(1) Organizational capacity and infrastructure.

(2) Soliciting and evaluating charter applications.

(3) Performance contracting.

(4) Ongoing charter school oversight and evaluation.

(5) Charter renewal decision-making.

Authorizers shall carry out all their duties under this Article in a manner consistent with nationally recognized principles and standards and with the spirit and intent of this Article.

(Source: P.A. 97-152, eff. 7-20-11.)

(105 ILCS 5/27A-7.15 new)

Sec. 27A-7.15. University authorizers; application to State Board; opportunity school applications to university authorizers.

(a) Any public institution of higher education, as defined in Section 1 of the Board of Higher Education Act, or a post-secondary educational institution, as defined in Section 1 of the Private College Act, that grants 2 or 4-year degrees may apply to the State Board to authorize one high-quality opportunity school that prioritizes re-enrolled high school dropouts, opportunity students, or students at risk of dropping out.

(b) An eligible university under this Section shall apply to the State Board for approval as a university authorizer before the university can authorize an opportunity school. An applicant shall include in its application to the State Board, at minimum, the following:

(1) how an opportunity school is a way for the applicant to carry out its mission;

(2) a description of the capacity of the applicant to serve as an authorizer, including the personnel who will perform the authorizing duties, their qualifications, the amount of time they will be assigned to this responsibility, and the financial resources allocated by the applicant to this responsibility;

(3) a description of the application and review process the applicant will use to make decisions regarding the granting of the opportunity school;

(4) the process to be used for providing ongoing oversight of the opportunity school consistent with the contract expectations that assures that the school will comply with both the provisions of applicable law and the contract;

(5) the process for making decisions regarding the renewal or termination of the school's contract based on evidence that demonstrates the academic, organizational, and financial competency of the opportunity school, including its success in increasing student achievement and meeting the goals of the opportunity school agreement; and

(6) an assurance specifying that the applicant is committed to serving as an authorizer, including a written statement from the applicant's chancellor, president, or other official in a similar role supporting the application for authorization.

The State Board shall approve a university authorizer application if the applicant demonstrates its ability to implement the procedures and satisfy the criteria for authorizer responsibilities as set forth in subsection (a) of Section 27A-7.10 of this Code.

(c) The State Board shall approve or deny a university authorizer application within 45 days after receipt of an application. The State Board shall notify a denied applicant in writing of the specific deficiencies. If denied, the applicant may submit a revised application within 30 business days. After receipt of the revised application, the State Board has 30 business days to make a final decision to approve or deny the application. A denied applicant under this Section may resubmit an application in a future application period.

(d) The State Board shall annually review a university authorizer's performance and, after completing the review, shall transmit a report with findings to the university authorizer. The State Board may at any time take corrective action against a university authorizer, including terminating a university authorizer's ability to authorize an opportunity school for:

(1) failing to demonstrate the criteria under subsection (b) of this Section under which the State Board approved the university authorizer;

(2) unsatisfactory performance as an approved university authorizer; or

(3) any good cause shown that provides the State Board a legally sufficient reason to take corrective action against an authorizer.

The State Board shall adopt rules to ensure that a university authorizer is afforded due process protections during a corrective action process. The rules shall include providing a university authorizer with written notice of the State Board's decision, an opportunity for the university authorizer to be heard, and a timeline for final disposition of the State Board's decision.

(e) In the event that a university authorizer loses its authorizing authority, either voluntarily or through State Board termination, the State Board shall assist any opportunity school authorized by the university authorizer with securing a new authorizer. Opportunity schools under a closing university authorizer may transfer to a local school board with the approval of that local school board. If the local school board does not approve a transfer of an opportunity school as allowed under this subsection (e), the opportunity school shall be transferred to the Commission. The State Board shall approve the transfer of an opportunity school authorized by a university authorizer to a local school board or the Commission under this subsection (e).

(f) A university authorizer may approve proposals from new opportunity school applicants and existing alternative charter schools that meet the definition of an opportunity school and that are in the final year of their contract with their local school board or boards and may authorize the transfer of an existing alternative charter school that is currently operating under a contract with a local school board or boards.

(1) An alternative charter school that meets the definition of an opportunity school that is currently authorized by a local school board or boards may seek transfer of authorization to a university authorizer during its current term only with the approval of the local school board or boards.

(2) An alternative charter school that meets the definition of an opportunity school that is authorized by a local school board or boards may apply to not more than one university authorizer during the final year of its contract in lieu of applying for a renewal with its current local school board authorizer. An alternative charter school originally authorized by a local school board or boards shall not simultaneously apply to both a university authorizer for a new opportunity school contract and its local school board or boards for a renewed charter contract. If a university authorizer approves an application from an existing alternative charter school, the alternative charter school and its local school board or boards shall terminate their charter contract on June 30 of that calendar year and shall engage in the closure processes set forth in subsection (a) of Section 27A-10.10 of this Code, unless the alternative charter school and local school board or boards mutually agree to other terms. If an alternative charter school originally authorized by a local school board or boards is denied approval from a university authorizer, the alternative charter school may appeal its local school board's or boards' decision not to renew to the Commission. The Commission shall abide by the requirements set forth in Section 27A-9 of this Code regarding appeals of local school board's decisions not to renew a charter.

(g) In evaluating any opportunity school proposal submitted to it, a university authorizer shall give preference to proposals that:

(1) demonstrate a high level of local pupil, parental, community, business, and school personnel support;

(2) set rigorous levels of expected pupil achievement and demonstrate feasible plans for attaining those levels of achievement; and

(3) are designed to enroll and serve a substantial proportion of re-enrolled high school dropouts, students at risk of dropping out, or opportunity students.

(h) An opportunity school approved by a university authorizer shall be its own local education agency.

(i) A university authorizer shall grant an opportunity school charter in accordance with the terms set forth in subsection (a) of Section 27A-9 of this Code. A university authorizer shall evaluate decisions to renew, not to renew, or revoke an opportunity school in accordance with the requirements set forth in subsection (b) of Section 27A-9 and subsection (c) of Section 27A-9 of this Code. An opportunity school authorized by university authorizers may appeal a decision to revoke or not to renew its contract to the Commission, as set forth by the procedures in Section 27A-9 of this Code.

(j) A university authorizer may charge an opportunity school that it authorizes a fee, not to exceed 3% of the revenue provided to the school, to cover the cost of undertaking the ongoing administrative responsibilities with respect to the opportunity school. The revenues from the fees shall be used for the following purposes: personal services, contractual services, and other operational and administrative costs related to the authorization and oversight of the university authorizer's opportunity school.

(k) In no event shall the funding for university-authorized opportunity schools be less than 100% of the host school district's per capita student tuition multiplied by the number of students residing in the host school district who are enrolled in the university-authorized opportunity school. The university authorizer shall report the aggregate number of opportunity school pupils resident in a school district to the State Board. The State Board shall report the enrollment numbers to that district and shall notify the district of the amount of funding to be paid to the university-authorized opportunity school enrolling such students. The State Board shall pay those amounts directly to the university-authorized opportunity school.

(l) The State Board shall pay directly to a university-authorized opportunity school any federal or State aid attributable to a student with a disability attending the school. The proportionate share of moneys generated under other federal or State categorical aid programs shall be directed to the opportunity schools serving students eligible for that aid.

(m) Enrollment in a university-authorized opportunity school shall be open to any student who resides within 50 miles of the university-authorized opportunity school.