102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5322

 

Introduced 1/31/2022, by Rep. Joyce Mason

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/27A-9

    Amends the School Code. Provides that a charter school failing to adequately address racial, socioeconomic, or educational disparities between the local school district and the charter school or failing to align charter mission and vision to the local school board's mission and vision are both causes for the local school board, State Board of Education, or State Charter School Commission to revoke or not renew a charter. Effective immediately.


LRB102 25474 RJT 34761 b

 

 

A BILL FOR

 

HB5322LRB102 25474 RJT 34761 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 Section
527A-9 as follows:
 
6    (105 ILCS 5/27A-9)
7    Sec. 27A-9. Term of charter; renewal.
8    (a) For charters granted before January 1, 2017 (the
9effective date of Public Act 99-840), a charter may be granted
10for a period not less than 5 and not more than 10 school years.
11For charters granted on or after January 1, 2017 (the
12effective date of Public Act 99-840), a charter shall be
13granted for a period of 5 school years. For charters renewed
14before January 1, 2017 (the effective date of Public Act
1599-840), a charter may be renewed in incremental periods not
16to exceed 5 school years. For charters renewed on or after
17January 1, 2017 (the effective date of Public Act 99-840), a
18charter may be renewed in incremental periods not to exceed 10
19school years; however, the State Board or Commission may renew
20a charter only in incremental periods not to exceed 5 years.
21Authorizers shall ensure that every charter granted on or
22after January 1, 2017 (the effective date of Public Act
2399-840) includes standards and goals for academic,

 

 

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1organizational, and financial performance. A charter must meet
2all standards and goals for academic, organizational, and
3financial performance set forth by the authorizer in order to
4be renewed for a term in excess of 5 years but not more than 10
5years. If an authorizer fails to establish standards and
6goals, a charter shall not be renewed for a term in excess of 5
7years. Nothing contained in this Section shall require an
8authorizer to grant a full 10-year renewal term to any
9particular charter school, but an authorizer may award a full
1010-year renewal term to charter schools that have a
11demonstrated track record of improving student performance.
12    (b) A charter school renewal proposal submitted to the
13local school board or the State Board or Commission, as the
14chartering entity, shall contain:
15        (1) a report on the progress of the charter school in
16    achieving the goals, objectives, pupil performance
17    standards, content standards, and other terms of the
18    initial approved charter proposal; and
19        (2) a financial statement that discloses the costs of
20    administration, instruction, and other spending categories
21    for the charter school that is understandable to the
22    general public and that will allow comparison of those
23    costs to other schools or other comparable organizations,
24    in a format required by the State Board.
25    (c) A charter may be revoked or not renewed if the local
26school board or the State Board or Commission, as the

 

 

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1chartering entity, clearly demonstrates that the charter
2school did any of the following, or otherwise failed to comply
3with the requirements of this law:
4        (1) Committed a material violation of any of the
5    conditions, standards, or procedures set forth in the
6    charter.
7        (2) Failed to meet or make reasonable progress toward
8    achievement of the content standards or pupil performance
9    standards identified in the charter.
10        (3) Failed to meet generally accepted standards of
11    fiscal management.
12        (4) Violated any provision of law from which the
13    charter school was not exempted.
14    In the case of revocation, the local school board or the
15State Board or Commission, as the chartering entity, shall
16notify the charter school in writing of the reason why the
17charter is subject to revocation. The charter school shall
18submit a written plan to the local school board, the State
19Board, or the Commission, whichever is applicable, to rectify
20the problem. The plan shall include a timeline for
21implementation, which shall not exceed 2 years or the date of
22the charter's expiration, whichever is earlier. If the local
23school board or the State Board or Commission, as the
24chartering entity, finds that the charter school has failed to
25implement the plan of remediation and adhere to the timeline,
26then the chartering entity shall revoke the charter. Except in

 

 

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1situations of an emergency where the health, safety, or
2education of the charter school's students is at risk, the
3revocation shall take place at the end of a school year.
4Nothing in Public Act 96-105 shall be construed to prohibit an
5implementation timetable that is less than 2 years in
6duration. No local school board may arbitrarily or
7capriciously revoke or not renew a charter. Except for
8extenuating circumstances outlined in this Section, if a local
9school board revokes or does not renew a charter, it must
10ensure that all students currently enrolled in the charter
11school are placed in schools that are higher performing than
12that charter school, as defined in the State's federal Every
13Student Succeeds Act accountability plan. In determining
14whether extenuating circumstances exist, a local school board
15must detail, by clear and convincing evidence, that factors
16unrelated to the charter school's accountability designation
17outweigh the charter school's academic performance.
18        (5) Failed to adequately address racial,
19    socioeconomic, or educational disparities between the
20    local school district and the charter school.
21        (6) Failed to align charter mission and vision to the
22    local school board's mission and vision.
23    (d) (Blank).
24    (e) Notice of a local school board's decision to deny,
25revoke, or not renew a charter shall be provided to the
26Commission and the State Board. Until July 1, 2020, the

 

 

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1Commission may reverse a local board's decision to not renew a
2charter if the Commission finds that the charter school or
3charter school proposal (i) is in compliance with this
4Article, and (ii) is in the best interests of the students it
5is designed to serve. The Commission may condition the
6granting of an appeal on the acceptance by the charter school
7of funding in an amount less than that requested in the
8proposal submitted to the local school board. Final decisions
9of the Commission shall be subject to judicial review under
10the Administrative Review Law.
11    The State Board may reverse a local board's decision to
12revoke or, beginning on July 1, 2020, not renew a charter if
13the State Board finds that the charter school or charter
14school proposal (i) is in compliance with this Article and
15(ii) is in the best interests of the students it is designed to
16serve. The State Board may condition the granting of an appeal
17on the acceptance by the charter school of funding in an amount
18less than that requested in the proposal submitted to the
19local school board. The State Board must appoint and utilize a
20hearing officer for any appeals conducted under this
21subsection. Final decisions of the State Board are subject to
22judicial review under the Administrative Review Law.
23    (f) Notwithstanding other provisions of this Article, if
24the Commission on appeal reverses a local board's decision or
25if a charter school is approved by referendum, the Commission
26shall act as the authorized chartering entity for the charter

 

 

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1school. The Commission shall approve the charter and shall
2perform all functions under this Article otherwise performed
3by the local school board. The State Board shall determine
4whether the charter proposal approved by the Commission is
5consistent with the provisions of this Article and, if the
6approved proposal complies, certify the proposal pursuant to
7this Article. The State Board shall report the aggregate
8number of charter school pupils resident in a school district
9to that district and shall notify the district of the amount of
10funding to be paid by the State Board to the charter school
11enrolling such students. The Commission shall require the
12charter school to maintain accurate records of daily
13attendance that shall be deemed sufficient to file claims
14under Section 18-8.15 notwithstanding any other requirements
15of that Section. The State Board shall withhold from funds
16otherwise due the district the funds authorized by this
17Article to be paid to the charter school and shall pay such
18amounts to the charter school.
19    (g) For charter schools authorized by the Commission, the
20Commission shall quarterly certify to the State Board the
21student enrollment for each of its charter schools.
22    (h) For charter schools authorized by the Commission, the
23State Board shall pay directly to a charter school any federal
24or State aid attributable to a student with a disability
25attending the school.
26(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;

 

 

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1101-543, eff. 8-23-19.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.