Rep. Esther Golar
Filed: 3/26/2009
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 209




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    AMENDMENT NO. ______. Amend House Bill 209 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The School Code is amended  by changing Section 
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27A-9 as follows:
 



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    (105 ILCS 5/27A-9)



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    Sec. 27A-9. Term of charter; renewal. 

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    (a) A charter may be granted for a period not less than 5 
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and not
more than
10
school years.  A charter may be renewed in 
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incremental periods not to exceed
5
school years.

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    (b) A charter school renewal proposal submitted to the

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local school board or State Board, as the chartering entity,

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shall contain:


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        (1) A report on the progress of the charter school in 
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    achieving the goals,
objectives, pupil performance 
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    standards, content standards, and other terms of
the 
 


 






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    initial approved charter proposal; and


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        (2) A financial statement that discloses the costs of 
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    administration,
instruction, and other spending categories 
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    for the charter school that is
understandable to the 
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    general public and that will allow comparison of those

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    costs to other schools or other comparable organizations, 
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    in a format required
by the State Board.

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    (c) A charter may be revoked
or not renewed if the local 
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school board or State Board, as the chartering
entity,
clearly 
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demonstrates that the
charter school did any of the
following, 
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or otherwise failed to comply with the requirements of this 
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law:


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        (1) Committed a material violation of any of the 
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    conditions, standards, or
procedures set forth in the 
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    charter.


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        (2) Failed to meet or make reasonable progress toward 
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    achievement of the
content standards or pupil performance 
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    standards identified in the charter.


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        (3) Failed to meet generally accepted standards of 
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    fiscal management.


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        (4) Violated any provision of law from which the 
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    charter school was not
exempted.

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    In the case of revocation, the local school board or State 
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Board, as the chartering entity, shall notify the charter 
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school in writing of the reason why the charter is subject to 
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revocation.  The charter school shall submit a written plan to 
 


 






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the local school board or State Board, whichever is applicable, 
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to rectify the problem.  The plan shall include a timeline for 
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implementation, which shall not exceed 2 years or the date of 
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the charter's expiration, whichever is earlier. If the local 
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school board or State Board, as the chartering entity, finds 
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that the charter school has failed to implement the plan of 
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remediation and adhere to the timeline, then the chartering 
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entity shall revoke the charter. Except in situations of an 
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emergency where the health, safety, or education of the charter 
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school's students is at risk, the revocation shall take place 
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at the end of a school year.  Nothing in this amendatory Act of 
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the 96th General Assembly shall be construed to prohibit an 
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implementation timetable that is less than 2 years in duration.
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    (d) (Blank).

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    (e) Notice of a local school board's decision to
deny, 
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revoke or not to
renew a charter shall be provided to the State 
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Board.
The State Board may reverse a local board's
decision
if 
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the State Board finds
that the charter school or charter school 
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proposal (i) is in compliance with
this Article, and (ii) is in 
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the best interests of the students it is designed
to serve.
 The 
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State Board may condition the granting of an appeal on the 
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acceptance by
the charter school of funding in an amount less 
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than that requested in the
proposal submitted to the local 
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school board.
Final decisions of the State Board shall be 
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subject
to judicial review under the Administrative Review Law.

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    (f) Notwithstanding other provisions of this Article, if 
 


 






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the
State Board
on appeal reverses a local board's decision
or 
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if a charter school is
approved by referendum,
the
State Board 
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shall act as the
authorized chartering entity for the charter 
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school.
 The State Board shall
approve and certify the charter 
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and shall perform all functions
under this
Article otherwise 
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performed by the local school
board.  The State Board shall

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report the aggregate number of charter school pupils resident 
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in a school
district to that district
and shall notify the 
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district
of the amount of
funding to be paid by the State Board 
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to the charter school enrolling such
students.
The State Board 
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shall require the
charter school to maintain accurate records 
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of daily attendance that shall be
deemed sufficient to file 
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claims under Section 18-8.05 notwithstanding any
other 
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requirements of that Section regarding hours of instruction and 
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teacher
certification.
The State Board shall withhold from 
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funds otherwise due the district
the funds authorized by this 
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Article to be paid to the charter school and shall
pay such 
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amounts to the charter school.

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(Source: P.A. 91-96, eff. 7-9-99; 91-407, eff. 8-3-99;
92-16, 
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eff. 6-28-01.)


 
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    Section 90. The State Mandates Act is amended by adding 
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Section 8.33 as follows:
 
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    (30 ILCS 805/8.33 new)
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    Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 
 


 






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of this Act, no reimbursement by the State is required for the 
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implementation of any mandate created by this amendatory Act of 
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the 96th General Assembly.".