SB0144sam002 104TH GENERAL ASSEMBLY

Sen. Celina Villanueva

Filed: 5/12/2025

10400SB0144sam002 LRB104 05821 LNS 26125 a

AMENDMENT TO SENATE BILL 144

AMENDMENT NO. ______. Amend Senate Bill 144, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by changing Section 27A-10.10 as follows:

(105 ILCS 5/27A-10.10)

Sec. 27A-10.10. Closure of charter school; unspent public funds; procedures for the disposition of property and assets.

(a) Upon the closing of a charter school authorized by one or more local school boards, the governing body of the charter school or its designee shall refund to the chartering entity or entities all unspent public funds. The charter school's other property and assets shall be disposed of under the provisions of the charter application and contract. If the application and contract are silent or ambiguous as to the disposition of any of the school's property or assets, any property or assets of the charter school purchased with public funds shall be returned to the school district or districts from which the charter school draws enrollment, at no cost to the receiving district or districts, subject to each district's acceptance of the property or asset. Any unspent public funds or other property or assets received by the charter school directly from any State or federal agency shall be refunded to or revert back to that State or federal agency, respectively.

(b) Upon the closing of a charter school authorized by the State Board, the governing body of the charter school or its designee shall refund all unspent public funds to the State Board. The charter school's other property and assets shall be disposed of under the provisions of the charter application and contract. If the application and contract are silent or ambiguous as to the disposition of any of the school's property or assets, any property or assets of the charter school purchased with public funds shall be returned to the school district or districts from which the charter school draws its enrollment, at no cost to the receiving district or districts, subject to each district's acceptance of the property or asset. Any unspent public funds or other property or assets provided by a State agency other than the State Board or by a federal agency shall be refunded to or revert back to that State or federal agency, respectively.

(c) For charter schools located in a school district organized under Article 34 of this Code, if a charter school proposes to close one or more campuses during the term of its contract, then the charter school shall provide written notice of the closure to the district no later than September 1 of the year prior to the date of the closure. The district, in conjunction with the charter school, must prepare a transition plan that addresses student safety, the provision of special education services, the provision of language services, and student transportation. The transition plan may include additional district support for the charter school campus prior to the closure or the conversion of the charter school campus to a traditional public school.

The local school board retains the authority to approve or deny the closure. If the local school board approves the closure, the governing body of the charter school shall work collaboratively with the local school board, educators, and the families of students attending the campus of the charter school that is the subject of the closure to ensure the successful integration of affected students into new learning environments. Students attending the campus of the charter school that is the subject of the closure who reside in the district shall be guaranteed placement at a district school. If a determination is made to close a charter school located within the boundaries of a school district organized under Article 34 of this Code for at least one school year, the charter school shall give at least 60 days' notice of the closure to all affected students and parents or legal guardians.

(d) Upon the closure of a campus of a charter school located in a school district organized under Article 34 of this Code, the district shall provide the charter school campus's licensed teachers with all reasonable efforts to assist them with finding a similar position for which they are qualified at a district school, preferably one that receives students from the closed charter school campus. For non-probationary teachers, all reasonable efforts include, but are not limited to, placement in a reassigned teacher pool.

(Source: P.A. 103-175, eff. 6-30-23.)".