HB5085 95TH GENERAL ASSEMBLY

LRB095 14415 NHT 45823 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5085

Introduced , by Rep. Arthur L. Turner

SYNOPSIS AS INTRODUCED:

105 ILCS 5/27A-5.5 new
105 ILCS 5/27A-12

Amends the Charter Schools Law of the School Code. Establishes the Illinois Charter Public School Commission as an independent, State-level, charter school authorizing entity working in collaboration with the State Board of Education. Includes provisions concerning membership, funding, staff, and powers and duties; Illinois Schools of Excellence charter school applications; limiting a school board's authority to authorize charter schools; the approval of cosponsors, a cosponsor agreement, the duties of a sponsor, and sponsor immunity; and an annual report to the General Assembly and the State Board. Provides that every 2 years (instead of annually), the State Board shall compile evaluations of charter schools received from school boards. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

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 adding Section 27A-5.5 and by changing Section 27A-12 as follows:

(105 ILCS 5/27A-5.5 new)

Sec. 27A-5.5. Illinois Charter Public School Commission.

(a) The Illinois Charter Public School Commission is established as an independent, State-level, charter school authorizing entity working in collaboration with the State Board. Startup funds necessary to establish and operate the Commission may be received through private contributions and federal and other institutional grants. The State Board shall assist in securing federal and other institutional grant funds to establish the Commission.

(b) The Commission shall be appointed by the State Board and shall be composed of 2 appointees recommended by the Governor, one appointee each recommended by the President and Minority Leader of the Senate, one appointee each recommended by the Speaker and Minority Leader of the House of Representatives, and one appointee recommended by the Mayor of the City of Chicago. The appointments shall be made as soon as feasible, but no later than September 1, 2008. Each member appointed shall serve a term of 3 years; however, for the purpose of providing staggered terms, of the initial appointments, members recommended by the Governor and Mayor shall be appointed to 3-year terms, members recommended by the President and Minority Leader of the Senate shall be appointed to 2-year terms, and members appointed by the Speaker and Minority Leader of the House of Representatives shall be appointed to one-year terms. Thereafter, each appointee shall serve a 3-year term. If a vacancy occurs on the Commission, the State Board shall appoint a person who has been recommended by the authority making the original recommendation to fill the remainder of the term. The members shall on the first meeting of each calendar year elect a chairperson who shall serve during that calendar year.

The Commission is encouraged to convene its initial meeting no later than October 1, 2008 and, thereafter, shall meet at least quarterly at the call of the chairperson or upon the request of 4 members of the Commission. Four members of the Commission shall constitute a quorum.

Subject to appropriation, the Commission may employ such staff as is necessary to perform the administrative duties and responsibilities of the Commission. The members of the Commission must not be compensated for their services on the Commission, but may be reimbursed for per diem and travel expenses.

(c) The Commission shall have all of the following powers:

(1) To authorize and act as a sponsor of up to 200 charter schools, including the approval or denial of charter school applications and the nonrenewal or termination of charter schools.

(2) To authorize municipalities, State universities, public community colleges, and regional educational consortia to act as cosponsors of charter schools, including the approval or denial of a cosponsor and the revocation of approval of cosponsors.

(3) To approve or deny Illinois Schools of Excellence (ISE) charter school applications and renew or terminate charters of ISE charter schools.

(4) To conduct facility and curriculum reviews of charter schools approved by the Commission or one of its cosponsors.

(d) The Commission shall have all of the following duties:

(1) To review charter school applications and assist in the establishment of ISE charter schools throughout the State. An ISE charter school shall exist as a public school within the State as a component of the delivery of public education within the State's kindergarten through grade 12 educational system.

(2) To develop, promote, and require high standards of accountability for any school that applies for and is granted a charter pursuant to this Section and hold the cosponsors accountable for their performance. The Commission shall annually review and evaluate the performance of each cosponsor based upon the financial and administrative support provided to the cosponsor's charter schools and the quality of charter schools approved by the cosponsor, including the academic performance of the students that attend those schools.

(3) To monitor and annually review and evaluate the academic and financial performance of the charter schools it sponsors and hold the schools accountable for their performance.

(4) To report the student enrollment in each of its sponsored charter schools to the local school board where the school is located.

(5) To work with its cosponsors to monitor the financial management of each ISE charter school.

(6) To actively seek, with the assistance of the State Board, supplemental revenue from federal grant funds, institutional grant funds, and philanthropic organizations.

(7) To collaborate with municipalities, State universities, public community colleges, and regional educational consortia as cosponsors for ISE charter schools for the purpose of providing the highest level of public education to low-income, low-performing, gifted, or underserved student populations. Such collaborations shall do all of the following:

(A) Allow State universities and public community colleges that cosponsor ISE charter schools to enable students attending a charter school to take college courses and receive high school and college credit for such courses.

(B) Be used to determine the feasibility of opening charter schools for students with disabilities, including, but not limited to, charter schools for children with autism that work with and utilize the specialized expertise of the Centers for Autism and Related Disabilities.

(8) To support municipalities when the mayor or chief executive, through resolution passed by the governing body of the municipality, expresses an intent to cosponsor and establish charter schools within the municipal boundaries.

(9) To assist ISE charter schools in negotiating and contracting with local school boards that choose to provide certain administrative or transportation services to the charter schools on a contractual basis.

(e) A charter school applicant may submit an application to the Commission only if the school district where the ISE charter school is to be located has not retained exclusive authority to authorize charter schools as provided in subsection (i) of this Section. If a local school board has not retained exclusive authority to authorize charter schools as provided in subsection (i) of this Section, the local school board and the Commission shall have concurrent authority to authorize charter schools and ISE charter schools, respectively, to be located within the geographic boundaries of the school district. The local school board shall monitor and oversee all charter schools authorized by the local school board. The Commission shall monitor and oversee all ISE charter schools sponsored by the Commission pursuant to its powers and duties under this Section.

(f) Subsection (i) of this Section must not be construed to eliminate the ability of a local school board to authorize charter schools. A local school board shall retain the authority to reauthorize and to oversee any charter school that it has authorized, except with respect to any charter school that is converted to an ISE charter school under this Section.

(g) Beginning on the effective date of this amendatory Act of the 95th General Assembly, a local school board may seek to retain exclusive authority to authorize charter schools within the geographic boundaries of the school district by presenting to the State Board a written resolution on or before a date 60 days after establishment of the Commission. The written resolution shall be accompanied by a written description addressing the elements described in subsection (i) of this Section. The local school board shall provide a complete copy of the resolution, including the description, to each charter school authorized by the local school board on or before the date it submits the resolution to the State Board.

(h) A party may challenge the grant of exclusive authority made by the State Board pursuant to subsection (i) of this Section by filing with the State Board a notice of challenge within 30 days after the State Board grants exclusive authority. The notice shall be accompanied by a specific written description of the basis for the challenge. The challenging party, at the time of filing notice with the State Board, shall provide a copy of the notice of challenge to the local school board that has been granted exclusive authority. The State Board shall permit the local school board the opportunity to appear and respond in writing to the challenge. The State Board shall make a determination upon the challenge within 60 days after receiving the notice of challenge.

(i) The State Board shall grant to a local school board exclusive authority to authorize charter schools within the geographic boundaries of the school district if the State Board determines, after adequate notice, in a public hearing, and after receiving input from any charter school authorized by the local school board, that the local school board has provided fair and equitable treatment to its charter schools during the 4 years prior to the local school board's submission of the resolution described in subsection (g) of this Section. The State Board's review of the resolution shall, at a minimum, include consideration of all of the following:

(1) Compliance with full and accurate accounting practices and charges for central administrative overhead costs.

(2) Compliance with requirements allowing a charter school, at its discretion, to purchase certain services or a combination of services at actual cost to the district.

(3) The absence of a local school board moratorium regarding charter schools or the absence of any districtwide charter school enrollment limits.

(4) Compliance with valid orders of the State Board.

(5) The provision of assistance to charter schools to meet their facility needs by including those needs in local bond issuances or otherwise providing available land and facilities that are comparable to those provided to other public school students in the same grade levels within the school district.

(6) The distribution to charter schools authorized by the local school board of a pro rata share of federal and State grants received by the local school board, except for any grant received for a particular purpose that, by its express terms, is intended to benefit a student population not able to be served by or a program not able to be offered at a charter school that did not receive a proportionate share of such grant proceeds.

(7) The provision of adequate staff and other resources to serve charter schools authorized by the local school board, which services are provided by the local school board at a cost to the charter schools that does not exceed their actual cost to the local school board.

(8) The lack of a policy or practice of imposing individual charter school enrollment limits, except as otherwise provided by law.

(9) The provision of an adequate number of educational choice programs to serve students exercising their rights to transfer pursuant to the federal No Child Left Behind Act of 2001 and a history of charter school approval that encourages chartering.

The decision of the State Board of Education pursuant to this subsection (i) shall be a final action subject to judicial review as permitted by law.

For local school boards that have no discernible history of authorizing charter schools, the State Board may not grant exclusive authority unless the local school board demonstrates that no approvable application has come before the local school board.

A grant of exclusive authority by the State Board shall continue so long as a local school board continues to comply with this Section.

(j) Notwithstanding any other provision of this Section to the contrary, a local school board may permit the establishment of one or more ISE charter schools within the geographic boundaries of the school district by adopting a favorable resolution and submitting the resolution to the State Board. The resolution shall be effective until it is rescinded by resolution of the local school board.

(k) With respect to the approval of cosponsors, the Commission shall begin accepting applications by municipalities, State universities, public community colleges, and regional educational consortia no later than January 31, 2009. The Commission shall review and evaluate all applications for compliance with the provisions of subsection (m) of this Section and shall have 90 days after receipt of an application to approve or deny the application, unless the 90-day period is waived by the applicant.

(l) The Commission shall limit the number of charter schools that a cosponsor may approve pursuant to its review of the cosponsor's application under subsection (m) of this Section. Upon application by the cosponsor and review by the Commission of the performance of a cosponsor's current charter schools, the Commission may approve a cosponsor's application to raise the limit previously set by the Commission.

(m) Any entity set forth in subsection (k) of this Section that is interested in becoming a cosponsor pursuant to this Section shall prepare and submit an application to the Commission that provides evidence of all of the following:

(1) That the entity has the necessary staff and infrastructure or has established the necessary contractual or interagency relationships to ensure its ability to handle all of the administrative responsibilities required of a charter school sponsor.

(2) That the entity has the necessary staff expertise and infrastructure or has established the necessary contractual or interagency relationships to ensure that it will approve and is able to develop and maintain charter schools of the highest academic quality.

(3) That the entity is able to provide the necessary public and private financial resources and staff to ensure that it can monitor and support charter schools that are economically efficient and fiscally sound.

(4) That the entity is committed to providing equal access to all students and to maintaining a diverse student population within its charter schools, including compliance with all applicable requirements of federal law.

(5) That the entity is committed to serving low-income, low-performing, gifted, or underserved student populations.

(6) That the entity has articulated annual academic and financial goals and expected outcomes for its charter schools as well as the methods and plans by which it will measure and achieve those goals and outcomes.

(7) That the entity has policies in place to protect its cosponsoring practices from conflicts of interest.

(n) The Commission's decision to deny an application or to revoke approval of a cosponsor pursuant to subsection (p) of this Section is not subject to judicial review.

(o) Upon approval of a cosponsor, the Commission and the cosponsor shall enter into an agreement that defines the cosponsor's rights and obligations and includes all of the following:

(1) An explanation of the personnel, contractual, and interagency relationships and potential revenue sources referenced in the application as required in subsection (m) of this Section.

(2) Incorporation of the requirements of equal access for all students, including any plans to provide food service or transportation reasonably necessary to provide access to as many students as possible.

(3) Incorporation of the requirement to serve low-income, low-performing, gifted, or underserved student populations.

(4) An explanation of the academic and financial goals and expected outcomes for the cosponsor's charter schools and the method and plans by which they will be measured and achieved as referenced in the application.

(5) The conflict-of-interest policies referenced in the application.

(6) An explanation of the disposition of facilities and assets upon termination and dissolution of a charter school approved by the cosponsor.

(7) A provision requiring the cosponsor to annually appear before the Commission and provide a report as to the information for each of its charter schools.

(8) A provision requiring that the cosponsor report the student enrollment in each of its sponsored charter schools to the local school board of the district where the charter school is located.

(9) A provision requiring that the cosponsor work with the Commission to provide the necessary reports to the State Board.

(10) Any other reasonable terms deemed appropriate by the Commission given the unique characteristics of the cosponsor.

No cosponsor may receive applications for charter schools until a cosponsor agreement with the Commission has been approved and signed by the Commission and the appropriate individuals or governing bodies of the cosponsor.

The cosponsor agreement shall be proposed and negotiated pursuant to the timeframes set forth by rule of the State Board.

The cosponsor agreement must be attached to and shall govern all charter school contracts entered into by the cosponsor.

(p) If at any time the Commission finds that a cosponsor is not in compliance or is no longer willing to comply with its contract with a charter school or with its cosponsor agreement with the Commission, the Commission shall provide notice and a hearing in accordance with State Board rule. If after a hearing the Commission confirms its initial finding, the Commission shall revoke the cosponsor's approval. The Commission shall assume temporary sponsorship over any charter school sponsored by the cosponsor at the time of revocation. Thereafter, the Commission may assume permanent sponsorship over such school or allow the school's governing body to apply to another sponsor or cosponsor.

(q) Charter school applications submitted to the Commission or to a cosponsor approved by the Commission pursuant to this Section shall be subject to the same requirements as other charter school applications under this Article.

(r) No application may be submitted pursuant to this Section by an existing charter school approved by a local school board; however, this is not a limitation on a charter operator submitting an application for an addition charter, subject to the provisions of this Article. A local school board may agree to rescind or waive the obligations of a current charter contract to allow an application to be submitted by an existing charter school pursuant to this Section. A charter school that changes sponsors pursuant to this subsection (r) must be allowed to continue the use of all facilities, equipment, and other assets it owned or leased prior to the expiration or rescission of its contract with a local school board sponsor.

An application to the Commission or one of its cosponsors by a conversion charter school may only be submitted upon consent of the local school board. In such instance, the local school board may retain the facilities, equipment, and other assets of the conversion charter school for its own use or agree to reasonable terms for their continued use by the conversion charter school.

(s) Each year, the chair of the Commission shall submit a report to the General Assembly and the State Board regarding the academic performance and fiscal responsibility of all charter schools and cosponsors approved under this Section.

(t) The sponsor has the following duties:

(1) The sponsor shall monitor and review the charter school in its progress toward the goals established in the charter.

(2) The sponsor shall monitor the revenues and expenditures of the charter school.

(3) The sponsor may approve a charter for a charter school before the applicant has secured space, equipment, or personnel if the applicant indicates approval is necessary for it to raise working capital.

(4) The sponsor's policies shall not apply to a charter school.

(5) The sponsor shall ensure that the charter is innovative and consistent with State educational goals.

(6) The sponsor shall ensure that the charter school participates in the State's education accountability system. If a charter school falls short of performance measures included in the approved charter, the sponsor shall report such shortcomings to the State Board.

(u) The sponsor is not liable for civil damages under State law for personal injury, property damage, or death resulting from an act or omission of an officer, employee, agent, or governing body of the charter school. The sponsor is not liable for civil damages under State law for any employment actions taken by an officer, employee, agent, or governing body of the charter school. The sponsor's duties to monitor the charter school shall not constitute the basis for a private cause of action.

Immunity for the sponsor of a charter school under this subsection (u) applies only with respect to acts or omissions not under the sponsor's direct authority as described in this Section. Nothing contained in this subsection (u) shall be considered a waiver of sovereign immunity by a local school board.

(105 ILCS 5/27A-12)

Sec. 27A-12. Evaluation; annual report. The State Board shall compile, every 2 years, annual evaluations of charter schools received from local school boards and shall prepare an annual report on charter schools.

On or before the second Wednesday of January, 1998, and on or before the second Wednesday of January of each subsequent calendar year, the State Board shall issue a report to the General Assembly and the Governor on its findings for the school year ending in the preceding calendar year.

In the annual report required by this Section, the State Board (i) shall compare the performance of charter school pupils with the performance of ethnically and economically comparable groups of pupils in other public schools who are enrolled in academically comparable courses, (ii) shall review information regarding the regulations and policies from which charter schools were released to determine if the exemptions assisted or impeded the charter schools in meeting their stated goals and objectives, and (iii) shall include suggested changes in State law necessary to strengthen charter schools.

In addition, the State Board shall undertake and report on periodic evaluations of charter schools that include evaluations of student academic achievement, the extent to which charter schools are accomplishing their missions and goals, the sufficiency of funding for charter schools, and the need for changes in the approval process for charter schools.

(Source: P.A. 91-407, eff. 8-3-99.)

Section 99. Effective date. This Act takes effect upon becoming law.